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ENFORCEMENT DECREE OF THE EMPLOYMENT INSURANCE ACT

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ENFORCEMENT DECREE OF THE EMPLOYMENT INSURANCE ACT

Presidential Decree No. 14570, Apr. 6, 1995

Amended by Presidential Decree No. 14628, Apr. 15, 1995 Presidential Decree No. 14935, Mar. 9, 1996

Presidential Decree No. 15092, Jun. 29, 1996

Presidential Decree No. 15367, May. 8, 1997

Presidential Decree No. 15587, Dec. 31, 1997

Presidential Decree No. 15624, Feb. 12, 1998

Presidential Decree No. 15683, Feb. 24, 1998

Presidential Decree No. 15829, Jul. 1, 1998

Presidential Decree No. 15902, Oct. 1, 1998

Presidential Decree No. 16095, Feb. 1, 1999

Presidential Decree No. 16464, Jul. 1, 1999

Presidential Decree No. 16705, Feb. 9, 2000

Presidential Decree No. 17090, Dec. 30, 2000

Presidential Decree No. 17301, Jul. 7, 2001

Presidential Decree No. 17403, Oct. 31, 2001

Presidential Decree No. 17471, Dec. 31, 2001

Presidential Decree No. 17853, Dec. 30, 2002

Presidential Decree No. 18146, Nov. 29, 2003

Presidential Decree No. 18165, Dec. 18, 2003

Presidential Decree No. 18296, Feb. 25, 2004

Presidential Decree No. 18312, Mar. 17, 2004

Presidential Decree No. 18555, Oct. 1, 2004

Presidential Decree No. 18572, Oct. 29, 2004

Presidential Decree No. 18911, Jun. 30, 2005

Presidential Decree No. 19103, Oct. 26, 2005

Presidential Decree No. 19246, Dec. 30, 2005

Presidential Decree No. 19422, Mar. 29, 2006

Presidential Decree No. 19513, Jun. 12, 2006

Presidential Decree No. 19738, Nov. 23, 2006

Presidential Decree No. 19806, Dec. 29, 2006

Presidential Decree No. 20036, Apr. 27, 2007

Wholly amended by Presidential Decree No. 20330, Oct. 17, 2007 Presidential Decree No. 20331, Oct. 23, 2007

Presidential Decree No. 20681, Feb. 29, 2008

Presidential Decree No. 20775, Apr. 30, 2008

Presidential Decree No. 20799, Jun. 5, 2008

Presidential Decree No. 20875, Jun. 25, 2008

CHAPTER

General Provisions

Article 1 (Purpose)

The purpose of this Decree is to stipulate matters delegated - 696 -

by the Employment Insurance Act and particulars necessary for its enforcement.

Article 2 (Scope of Application)

(1) The ßÖbusiness designated by the Presidential Decreeß×in the proviso of Article 8 of the Employment Insurance Act (hereinafter referred to as "the Act") means a business which falls under any of the following subparagraphs:

1. Business in the fields of agriculture, forestry, fishery or hunting, for which four workers or less are employed by a person who is not a corporation;

2. Construction work falling under any of the following items : Provided that the construction work undertaken by a person falling under any of the subparagraphs of Article 15 (2) of the Act shall be excluded :

A. Construction work whose total construction amount (hereinafter in this Article referred to as "total construction amount") under Article 2 (1) 2 of the Enforcement Decree of the Act on the Collection, etc., of Premiums for Employment Insurance and Industrial Accident Compensation Insurance is less than 20

million won; and

B. Construction work which is undertaken to construct or repair on a large scale a building with a total floor area of 330 square meters or less.

C. Housekeeping service

(2) The scope of business falling under any of the subparagraphs of paragraph (1) is based on the standard classification of industries (hereinafter referred to as "the Korean Standard Industrial Classification") which is announced by the Administrator of the National Statistical Office pursuant to Article 22 of the Statistics Act, except as otherwise prescribed by the Act and this Decree.

(3) If construction work whose total construction amount is less than 20 million won turns out to be the one whose total construction amount exceeds 20 million won due to a change of the design (including the case where the design is actually changed), or becomes subject to blanket application under Article 8 (1) and (2) of the Act on the Collection, etc. of Premiums for Employment Insurance and Industrial Accident Compensation Insurance (hereinafter referred to as "the Insurance Premium Collection Act"), all the provisions of the - 697 -

Act shall apply from the time thereof.

Article 3 (Workers Excluded from Application)

(1) The "person whose contractual working hours are less than the ones prescribed by the Presidential Decree" in subparagraph 2 of Article 10 of the Act refers to a person (including those whose contractual working hours per week is less than 15 hours) whose contractual working hours per month is less than 60 hours : Provided that any person who, among those working for the purpose of making their living, has worked continuously for three months or more and any daily worker under subparagraph 6 of Article 2 of the Act shall be excluded.

(2) The ßÖpersons prescribed by the Presidential Decreeß×under subparagraph 5 of Article 10 of the Act refer to those described in the following subparagraphs :

1. Foreign workers : Provided that a person who falls under any of the following items shall be excluded:

A. A person who holds a status of residency(D-7), corporate investment(D-8) and trade management(D-9) from

among the statuses of sojourn for foreigners under Article 12 of the Enforcement Decree of the

Immigration Control Act (excluding the case where the laws of the home country of the foreigner concerned, which govern insurance premiums and benefits corresponding to those of the employment insurance under this Act, do not apply to nationals of the Republic of Korea); B. A person (limited to those who have applied to join insurance under the conditions prescribed by the

Ordinance of the Ministry of Labor) who holds a status of sojourn permitting employment activities under Article 23 (1) of the Enforcement Decree of the Immigration Control Act;

C. A person falling under subparagraphs 1 and 2 of Article 23 (2) of the Enforcement Decree of the

Immigration Control Act;

D. A person (limited to those who have applied to join insurance under the conditions prescribed by the

Ordinance of the Ministry of Labor) who holds a

status of overseas ethnic Korean (F-4) from among the statuses of sojourn for foreigners under Article 12 of the Enforcement Decree of the Immigration Control Act; and

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E. A person (limited to those who have applied to join insurance under the conditions prescribed by the

Ordinance of the Ministry of Labor) who holds a

status of permanent residency (F-5) from among the statuses of sojourn for foreigners under Article 12 of the Enforcement Decree of the Immigration Control Act;

2. Special post office staffs under the Special Post Office Act.

Article 4 (Agent)

(1) An employer may appoint his/her agent and have the agent implement the matters that he/she is required to implement pursuant to the Act and this Decree.

(2) When an employer appoints or dismisses his/her agent, he/she shall report this to the Minister of Labor under the conditions prescribed by the Ordinance of the Ministry of Labor.

Article 5 (Administration, etc. of Employment Insurance Statistics) (1) The Minister of Labor shall systematically administer and operate the statistics related to employment insurance (hereinafter referred to as "employment insurance statistics") that are obtained through surveys and research under Article 11 of the Act and the operation of employment insurance.

(2) The Minister of Labor may have personnel specializing in employment insurance statistics in order to systematically manage and operate employment insurance statistics. (3) Necessary matters concerning qualifications, services and remunerations for the personnel specializing in employment insurance statistics shall be determined by the Minister of Labor. Article 6 (Execution of Affairs by Proxy)

(1) The Minister of Labor, pursuant to Article 11 (2) of the Act, may have insurance-related research institutes established pursuant to Article 8 the of the Act on the Establishment, Operation and Fosterage of the Government-Invested Research Institutions or the Korea Employment Information Service established pursuant to Article 33 of the Basic Employment Policy Act carry out survey and research programs to support labor market research and work related to employment insurance (hereinafter referred to as the "insurance"). (2) Where the Minister of Labor has an agent execute affairs - 699 -

pursuant to paragraph (1), he/she may support the expenses required for the necessary survey, research, management and operation, etc., from the employment insurance fund (hereinafter referred to as the "fund").

CHAPTER

Management of the Insured

Article 7 (Report on Acquisition or Loss of Eligibility for the Insured)

(1) An employer or a subcontractor shall, if he/she intends to report the acquisition or loss of eligibility for the insured involving workers employed by the business concerned to the Minister of Labor pursuant to Article 15 of the Act or to submit a document (hereinafter referred to as "document confirming separation from employment") specifying the unit period of insurance, reasons for separation from employment, and details of wages, retirement pay, etc., prior to separation to the Minister of Labor pursuant to Article 16 of the Act, make that report or submission no later than the 15th of the month (without delay, in case the worker asks the employer or subcontractor to make that report and submission before the date mentioned) following the date on which the reason to do so occurs. In this case, if the employer or subcontractor has submitted a report confirming employment details which contains the number of working days, wages, etc., for daily workers employed during the month concerned to the Minister of Labor no later than the 15th of the month following the date on which the reason occurs, he/she shall be considered to have reported the acquisition or loss of eligibility for the insured or submitted the document confirming separation from employment. (2) An employer who makes a report on the commencement and discontinuation of business pursuant to Article 11 (3) of the Insurance Premium Collection Act shall make a report on the acquisition or loss of eligibility for the insured to the Minister of Labor before the report deadline as referred to in paragraph (1).

(3) The Minister of Labor who receives a document confirming - 700 -

separation from employment pursuant to Article 16 (1) of the Act shall confirm the unit period of insurance, reasons for separation, wage payment details, etc.

(4) If when confirming the contents entered in a document confirming separation from employment, the Minister of Labor finds that the separated person concerned did not receive wages for 30 days or more consecutively in the 18 months before the date of separation due to the reasons referred to in Article 40 (2) of the Act, he/she may demand the separated person to submit a doctor's written diagnosis or other documents which can prove the reason.

Article 8 (Report by Workers on Eligibility for the Insured) In the event that a worker reports matters concerning the acquisition or loss of eligibility for the insured pursuant to Article 15 (3) of the Act, he/she shall submit a document proving employment relationship such as his/her labor contract. Article 9 (Report on Transfer of the Insured)

If an employer transfers the insured from his/her one business to another, he/she shall report this to the Minister of Labor within 14 days of the transfer date.

Article 10 (Report on Changes of Name, etc., of the Insured) An employer shall, if the name or resident registration number of the insured is changed or corrected, report this to the Minister of Labor within 14 days of the change or correction date.

Article 11 (Request for and Notification of Confirmation) (1) If a person who is or was the insured intends to confirm the acquisition or loss of his/her eligibility for the insured pursuant to Article 17 (1) of the Act, he/she shall make a request for this to the Minister of Labor.

(2) The Minister of Labor shall notify the person who has acquired or lost his/her eligibility for the insured, and the employer or subcontractor who employs or used to employ that person of the result of confirming the acquisition or loss of his/her eligibility for the insured pursuant to Article 17 (3) of the Act.

CHAPTER

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Employment Security and Vocational Skills

Development Projects

Article 12 (Scope of Preferentially Supported Enterprises) (1) Enterprises which meet the criteria set forth by the Presidential Decree under Article 19 (2) refer to those (hereinafter referred to as "preferentially supported enterprises") for which the number of workers by industry falls under any of the following subparagraphs:

1. Mining: 300 persons or fewer;

2. Manufacturing: 500 persons or fewer;

3. Construction: 300 persons or fewer;

4. Transportation, warehouse and communications: 300 persons or fewer; and

5. Industries other than those listed in subparagraphs 1 through 4: 100 persons or fewer.

(2) An enterprise which does not fall under any of the subparagraphs of paragraph (1) and which meets the standards referred to in Article 2 (1) and (3) of the Framework Act on Small and Medium Enterprises shall, notwithstanding the provisions of paragraph (1), be regarded as a preferentially supported enterprise.

(3) Notwithstanding the provisions of paragraphs (1) and (2), an enterprise which is notified that it is designated as an enterprise group subject to limitations on mutual investment in accordance with Article 14 (1) of the Monopoly Regulation and Fair Trade Act and with a total asset of five trillion won or more, shall not be regarded as a preferentially supported enterprise starting from the insurance year following the insurance year to which the date of notification belongs. (4) The standards for determining whether an enterprise is a preferentially supported enterprise under paragraph (1) of this Article are as follows:

1. The number of workers who are ordinarily employed shall be calculated by dividing the total number of workers in all the businesses operated by the employer as of the last day of every month of the previous year (daily workers are excluded in the construction industry), by the number of operating months of the previous year : Provided that in the case of a business of managing collective housing under the Housing Act, the number of - 702 -

workers shall be calculated by each business; and

2. The industrial classification referred to in the subparagraphs of paragraph (1) shall be applied on the basis of the major classifications of the Korea Standard Industrial Classification Table: Provided that if an employer runs business in two or more industries, it shall be on the basis of the industry where the number of workers is larger and if the number of workers in each industry is the same, the standard shall be applied on the basis of the order of the total amount of wages and sales. (5) Notwithstanding paragraph (4), with regard to an employer whose insurance relationship was established during the insurance year, whether his/her business is a preferentially supported enterprise shall be determined on the basis of the starting date of the insurance relationship.

Article 13 (Subsidy for Working Hour Reduction by Small and Medium Enterprises)

(1) If the employer of a business (excluding the employer of a business or workpalce falling under subparagraph 1 of Article 1 of the Addenda of the Labor Standards Act amended by Act No. 6974) which is a preferentially supported enterprise pursuant to Article 20 of the Act is subject to the amended provisions six months before the enforcement date under Article 1 of the Addenda of the Labor Standards Act amended by Act No. 6974 pursuant to Article 2 of the Addenda of the same Act, and the average monthly number of workers (excluding workers prescribed by the Ordinance of the Ministry of Labor from among those newly employed after working hours are shortened in accordance with the amended provisions of Article 49 of the same Act; hereinafter referred to as "the average monthly number of workers after application") of the business concerned in each quarter after the application of the amended provisions exceeds the average monthly number of workers during the three months preceding the month to which the date of shortening working hours to the number of working hours provided for in the amended provisions of Article 49 of the same Act belongs, the Minister of Labor shall provide the employer with the subsidy for working hour reduction by small and medium enterprises: Provided that in cases of falling under any of the following subparagraphs, the subsidy shall not be provided :

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1. In case where the business is not subject to the working hours under Article 50 of the Labor Standards Act; and

2. In case where the business commences after January 1,

2004. (2) Daily workers and any person falling under Article 3 (1) shall be excluded when calculating the number of workers referred to in paragraph (1).

(3) The amount of subsidy for working hour reduction by small and medium enterprises shall be obtained by multiplying the amount announced by the Minister of Labor every year in consideration of wage increase rates, labor market conditions, etc. by the difference by which the average monthly number of workers after application exceeds the average monthly number of workers before the shortening of working hours under paragraph (1), and the subsidy shall be provided for a period until the enforcement date provided for in Article 1 of the Addenda of the Labor Standards Act amended by Act No. 6974 : Provided that the total amount of subsidy per quarter shall not exceed the amount obtained by multiplying the amount announced by the Minister of Labor by 10/100 of the average monthly number of workers prior to the shorting of working hours.

(4) Necessary matters concerning the application for and payment of the subsidy for working hour reduction by small and medium enterprises shall be prescribed by the Ordinance of the Ministry of Labor.

Article 14 (Subsidy for Transforming Shift Work System) (1) If an employer has newly introduced a shift work system under which workers are divided into groups and work on a shift basis or transformed the shift work system by increasing the number of shifts (limited to the case where it is increased to four shifts or less; hereinafter referred to as "transformation of shift work system") pursuant to Article 20 of the Act, and the average monthly number of workers (excluding workers prescribed by the Ordinance of the Ministry of Labor from among those newly hired after the transformation of shift work system; hereinafter referred to as "the average monthly number of workers after transformation") of the business concerned in each quarter after the transformation of shift work system exceeds the average monthly number of workers (hereinafter referred to as "the average monthly number of workers before transformation") during the three months - 704 -

preceding the month to which the date of transformation belongs, the Minister of Labor shall provide the employer with the subsidy for transforming a shift work system. (2) The number of workers referred to in paragraph (1) shall be calculated based on workers engaged in work for which the shift work system has been transformed or in managing or supporting such work, but daily workers and any person falling under Article 3 (1) shall be excluded from the calculation.

(3) The amount of subsidy for transforming a shift work system shall be obtained by multiplying the amount announced by the Minister of Labor every year in consideration of wage increase rates, labor market conditions, etc., by the difference by which the average monthly number of workers after transformation exceeds the average monthly number of workers before transformation, and the subsidy shall be provided for one year after the transformation of the shift work system : Provided that the total amount of subsidy per quarter shall not exceed the amount obtained by multiplying the amount announced by the Minister of Labor by 1/3 of the average monthly number of workers before transformation.

(4) Necessary matters concerning the application for and payment of the subsidy for transforming a shift work system shall be prescribed by the Ordinance of the Ministry of Labor. Article 15 (Support for Improvement of Employment Environments by Small and Medium Enterprises)

(1) If the employer of a preferentially supported enterprise engaging in the kinds of industries provided for in Article 3 of the Special Act on Manpower Support for Small and Medium Enterprises installs facilities or equipment needed for the improvement of employment environments to expand

employment opportunities and thereby increases employment pursuant to Article 20 of the Act and Article 21 (1) of the Special Act on Manpower Support for Small and Medium Enterprises, the Minister of Labor may support part of the costs and wages within the limits of available budgets. (2) Necessary matters concerning the support conditions, such as the scope of facilities and equipment eligible for support, amount of subsidy, application for and payment of the subsidy, etc. shall be determined and announced by the Minister of Labor.

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Article 16 (Subsidy for Use of Professional Workforce by Small and Medium Enterprises)

(1) If the employer of a preferentially supported enterprise engaging in the kinds of industries provided for in Article 3 of the Special Act on Manpower Support for Small and Medium Enterprises newly hires the professional workforce (hereinafter referred to as "professional workforce") determined and announced by the Minister of Labor to enhance corporate competitiveness or after meeting all of the following conditions, employs a professional workforce supplied by enterprises other than preferentially supported enterprises and does not dismiss any worker due to employment adjustment for the three months before and six months after the hiring or employment, pursuant to Article 20 of the Act and Article 21 (1) of the Special Act on Manpower Support for Small and Medium Enterprises, the Minister of Labor shall provide the employer with the subsidy for use of a professional workforce by small and medium enterprises:

1. There shall be no exchange of workers between the enterprise supplied with the professional workforce and the enterprise supplying the professional workforce;

2. The enterprise supplying the professional workforce shall have done so with the consent of the professional workforce after consultation with its workers'

representative (if there is a trade union with a majority of workers, referring to the representative of the trade union, and if there is no such trade union, referring to a person representing a majority of workers' hereinafter the same shall apply.);

3. The same professional workforce which was supplied and since then has been used for one year or more shall not be supplied; and

4. The supplied enterprise and supplying enterprise shall make an agreement on the supply of the professional workforce and the enterprise supplying the professional workforce shall pay not less than 40/100 of the wages of the supplied professional workforce.

(2) The amount of subsidy for use of a professional workforce by small and medium enterprises shall be obtained by multiplying the amount announced by the Minister of Labor every year in consideration of wage increase rates, labor market - 706 -

conditions, etc., by the number (three if the number exceeds three but four if the number comes to exceed three because of additional hiring or supply of professional workers aged 50 or above) of newly hired or supplied professional workers, but the amount shall not exceed three quarters of the wages paid to the professional workers by the preferentially supported enterprise. (3) The subsidy for use of a professional workforce by small and medium enterprises shall be provided for 12 months : Provided that the employment period of the professional workforce is less than 12 months, the subsidy shall be paid during that period.

(4) Necessary matters concerning the application for and payment of the subsidy for use of a professional workforce by small and medium enterprises shall be prescribed by the Ordinance of the Ministry of Labor.

Article 17 (Subsidy for Entry into New Business by Small and Medium Enterprises)

(1) If the employer of a preferentially supported enterprise engaging in the kinds of industries provided for in Article 3 of the Special Act on Manpower Support for Small and Medium Enterprises enters a new business (hereinafter referred to as "entry into a new business") under the conditions as prescribed by the Ordinance of the Ministry of Labor pursuant to Article 20 of the Act and Article 21 (1) of the Special Act on Manpower Support for Small and Medium Enterprises, and the average monthly number of workers (excluding workers prescribed by the Ordinance of the Ministry of Labor from among those newly hired after entry into a new business; hereinafter referred to as "the average monthly number of workers after entry") of the business concerned in each quarter after entry into a new business exceeds the average monthly number of workers during the three months preceding the month to which the date of entering a new business belongs, the Minister of Labor shall provide the employer with the subsidy for entry into a new business by small and medium enterprises.

(2) Daily workers and any person falling under Article 3 (1) shall be excluded when calculating the number of workers referred to in paragraph (1).

(3) An employer who intends to receive the subsidy for entry into a new business by small and medium enterprises pursuant to paragraph (1) shall establish a plan for entering a - 707 -

new business (hereinafter referred to as "plan for entering a new business") after consultation with a workers' representative of the new business and implement the plan. In this case, the person who intends to establish the plan for entering a new business or alter it shall report this to the Minister of Labor in advance.

(4) In case of implementing the plan for entering a new business under paragraph (3), the employer shall conclude the entry into a new business within one year from the date of reporting the plan for entering a new business and report this to the Minister of Labor.

(5) The amount of subsidy for entry into a new business by small and medium enterprises shall be obtained by multiplying the amount announced by the Minister of Labor every year in consideration of wage increase rates, labor market conditions, etc., by the difference (if the difference exceeds 30 workers, it shall be limited to 30.) by which the average monthly number of workers after entry exceeds the average monthly number of workers before entry, and the subsidy shall be provided for one year from the date on which the entry into a new business is completed.

(6) Necessary matters concerning the application for and payment of the subsidy for entry into a new business by small and medium enterprises shall be prescribed by the Ordinance of the Ministry of Labor.

Article 18 (Support Measures, etc., for Employment Adjustment) (1) For an employer who takes measures for workers' employment security pursuant to Article 21 (1) and (2) of the Act, subsidies or grants shall be provided.

(2) An employer who is eligible for preferential support under the provisions of Article 21 (3) of the Act shall be an employer falling under any of the following subparagraphs:

1. The employer of a business which belongs to the designated industries in need of employment adjustment support, etc., (hereinafter in this Article referred to as ßÖdesignated industriesß×) under subparagraph 1 of Article 18 (1) of the Enforcement Decree of the Basic

Employment Policy Act;

2. An employer who carries out manufacturing, repairing, etc., under a contract for business belonging to the designated industries, awarded by the employer

prescribed in subparagraph 1, and with more than half of - 708 -

its sales related to the designated industries; and

3. The employer of a business which is located at a designated site in need of support for employment adjustment (hereinafter referred to as ßÖdesignated siteß×) under the provisions of Article 18 (1) 2 or 3 of the Enforcement Decree of the Basic Employment Policy Act. (3) If an em ployer who falls under any of the

subparagraphs of paragraph (2) takes employment retention measures, provides outplacement services or rehires his/her workers, the Minister of Labor may, notwithstanding the provisions of Articles 19 through 23, set the different eligibility requirements and subsidy levels after deliberation of the Employment Policy Council (hereinafter referred to as the "Employment Policy Council") under the Basic Employment Policy Act.

Article 19 (Those Entitled to Employment Retention Subsidy) (1) If an employer who inevitably needs employment adjustment under Article 21 (1) of the Act, takes the measures (hereinafter referred to as the "employment retention measures") described in any of the following subparagraphs for insured persons(excluding daily workers, those given a notice of dismissal in advance under Article 26 of the Labor Standards Act and those due to retire for managerial reasons following the recommendation by an employer; hereinafter in this Chapter, the same shall apply.) employed in the business concerned and thus dose not dismiss any insured person due to employment adjustment during the implementation of the employment retention measures (except the cases falling under subparagraph 4), the Minister of Labor shall provide the employer with a subsidy (hereinafter referred to as "the employment retention subsidy"):

1. In case the employer temporarily shuts down his/her business to the extent that the ratio of the number of temporary shutdown days for the insured to the number of their contractual work days during a one-month unit period (hereinafter referred to as the ßÖunit periodß×) exceeds one fifteenth, and pays allowances for the shutdown during the temporary shutdown period. In this case, the method of calculating the unit period and the method of calculating the number of temporary shutdown days if the business is shut down for part of contractual daily working hours shall be prescribed by the Ordinance - 709 -

of the Ministry of Labor;

2. In case the employer provides training in a bid to retain employment under the conditions prescribed by the Ordinance of the Ministry of Labor;

3. In case the employer grants leave with or without pay for one month or longer;

4. In case the employer installs or maintains facilities or equipment necessary to change his/her business into a business which belongs to a different industrial group in the industrial groups listed under the Korean Standard Industrial Classification and reassigns to the new business 6/10 or more of the number of the insured at the time when the plan for employment retention measures is reported pursuant to Article 20 (2) : Provided that in case the employer has changed his/her business after obtaining approval for a business transformation plan pursuant to Article 8 of the Special Act on the Promotion of the Business Transformation of Small and Medium Enterprises, cases of changing the business into a business which belongs to a different industrial class or sub-class in the industrial classes or sub-classes listed under the Korean Standard Industrial Classification shall be included.

(2) Notwithstanding the provisions of paragraph (1), if the sum of the number of days of extended work and the number of days of holiday work in the business concerned during the implementation of the employment retention measures as prescribed in paragraph (1) 1 exceeds the number of days prescribed by the Ordinance of the Ministry of Labor, the employment retention subsidy shall not be provided for the implementation period.

(3) Necessary matters concerning the method of calculating the number of days of extended work and the number of days of holiday work, etc., shall be prescribed by the Ordinance of the Ministry of Labor.

Article 20 (Establishment and Implementation of Plans for Employment Retention Measures)

(1) An employer who intends to receive the employment retention subsidy shall establish a plan for employment retention measures meeting the following conditions and implement it under the conditions prescribed by the Ordinance of the Ministry of Labor:

1. The employer shall make consultation with a workers' - 710 -

representative of the business concerned when establishing the plan for employment retention measures; and

2. The employer shall keep documents containing the implementation status of the plan for employment retention measures, and the payment status of allowances for temporary shutdown1)/leave and wages.

(2) A person who intends to establish a plan for

employment retention measures as prescribed in paragraph 1 shall report this to the Minister of Labor in advance. The same shall apply in case he/she intends to modify the scheduled date, eligible workers, and wages to be paid in the plan for employment retention measures : Provided that in case there are inevitable reasons as prescribed in the Ordinance of the Ministry of Labor, the employer may report within three days (within 20 days in case the employer of a business located in an area declared as a special disaster zone under Article 60 of the Countermeasures against Natural Disasters Act takes employment retention measures due to the special disaster) from the date of implementing or modifying the plan for employment retention measures.

(3) In implementing a plan for employment retention measures pursuant to paragraph 1, an employer falling under subparagraph 4 of Article 19 (1) shall complete the reassignment of workforce within one and a half years from the date of reporting the plan for employment retention measures, and report this to the Minister of Labor.

Article 21 (Amount and Scope of Employment Retention Subsidy) (1) The amount of employment retention subsidy shall be the amount described in any of the following subparagraphs:

1. In cases of falling under subparagraphs 1 and 3 of Article 19 (1), two-thirds [one-half in case of companies which are not preferentially supported enterprises as prescribed in Article 12 (hereinafter referred to as the ßÖlarge-scale enterprisesß×)] of the allowances for temporary

shutdown/leave and wages paid to the insured by the employer during the implementation of employment

retention measures. In this case, if the leave is unpaid 1) Temporary shutdown allowances are allowances which are paid by an employer to his/her worker if the business is temporarily shut down due to reasons attributable to the employer. - 711 -

leave prescribed in subparagraph 3 of Article 19 (1), the amount of subsidy shall be the amount prescribed by the Ordinance of the Ministry of Labor in consideration of labor costs borne by the employer during the leave period, and if the leave is paid leave prescribed in subparagraph 3 of Article 19 (2) and the amount of employment retention subsidy to be paid in case of paid leave is less than that to be paid in case of unpaid leave, the amount of subsidy shall be the amount to be provided in case the worker is on unpaid leave;

2. In cases of falling under subparagraph 2 of Article 19 (1), the sum of three-fourths (two-thirds in case of large-scale enterprises) of the wages paid to the insured trainee by the employer during the training and the amount obtained by multiplying the standard training expenses announced by the Minister of Labor by the rate announced by the Minister of Labor;

3. In case the employer additionally provides training pursuant to subparagraph 2 of Article 19 (1) during a period of unpaid leave prescribed in subparagraph 3 of Article 19 (1), the sum of the amount obtained by multiplying the standard training expenses announced by the Minister of Labor by the rate announced by the Minister of Labor and the amount of training allowances prescribed by the Ordinance of the Ministry of Labor; or

4. In cases of falling under Article 19 (1) 4, three-fourths (two-thirds in case of large-scale enterprises) of the wages paid to the insured by the employer during the

implementation of employment retention measures.

(2) If the employment retention measures prescribed in subparagraphs 1 through 3 of Article 19 (1) are implemented, the employment retention subsidy under paragraph 1 shall be provided for each employment retention measure until the total number of days (If two measures or more are implemented on the same day, it shall be counted as one day.) when the measures are implemented reaches 180, and if the employment retention measures referred to in subparagraph 4 of Article 19 (1) are implemented, the employment retention subsidy shall be provided for up to one year from the date (referring to the date one and a half years later in case the reassignment of workforce is not completed within one and a half years) on which the reassignment of workforce is completed, but in case insured workers assigned to the new business through the - 712 -

reassignment of workforce are dismissed due to employment adjustment, the employment retention subsidy shall not be provided from the date of the dismissal : Provided that if employment situations have worsened due to a rapid increase in unemployment, etc., and it is deemed necessary for employment security, the Minister of Labor may, if an employer who has received the subsidy for not more than 180 days for implementing the employment retention measures under subparagraphs 1 through 3 of Article 19 (1) additionally carries out the employment retention measures under subparagraph 4 of Article 19 (1) during the period determined and announced by the Minister of Labor, provide the employment retention subsidy until the total number of days when the additional employment retention measures are implemented reaches 90. (3) If an employer receives the employment retention subsidy pursuant to subparagraph 3 of paragraph (1), the

employment retention subsidy paid pursuant to the latter part of subparagraph 1 of paragraph (1) shall not be provided during the payment of the employment retention subsidy under subparagraph 3 of paragraph (1). In this case, the employer who receives the employment retention subsidy shall pay workers who receive training an equivalent amount of the training allowances out of the employment retention subsidy. (4) The amount of employment retention subsidy provided pursuant to paragraph (1) shall not exceed the amount determined and announced by the Minister of Labor for every worker eligible for employment retention measure. Article 22 (Subsidy for Out-placement Service)

(1) If an employer who inevitably has to adjust employment under Article 21 (1) of the Act, alone or jointly establishes the facilities for direct job counselling, etc., prescribed by the Ordinance of the Ministry of Labor or entrusts other organizations equipped with these sorts of facilities to provide such services(hereinafter referred to as the ßÖout-placement servicesß×) as job counselling services, etc., prescribed by the Ordinance of the Ministry of Labor to provide support for the prompt reemployment of the persons described in any of the following subparagraphs, the Minister of Labor shall give the employer subsidy for out-placement services:

1. A person who is the insured of the business concerned and due to leave his/her job because of employment adjustment, retirement age limits, or the expiry of his/her - 713 -

employment contract period; and

2. A person who was the insured of the business concerned and has left his/her job because of employment

adjustment, retirement age limits, or the expiry of his/her employment contract period.

(2) An employer who intends to receive the subsidy for out-placement services shall establish a plan for out-placement services after consultation in good faith with a workers' representative. In this case, if employers jointly provides out-placement services, the employer (hereinafter referred to as "an employers' representative") who is selected to represent all other employers after each employer makes consultation in good faith with a workers' representative in his/her business shall establish a plan for out-placement services.

(3) An employer or an employersßÓrepresentative who intends to establish a plan for out-placement services under paragraph (2) shall submit the plan for out-placement services to the Minister of Labor and obtain approval under the conditions prescribed by the Ordinance of the Ministry of Labor. The same shall apply in the case of modifying a plan for out-placement services.

(4) If receiving a plan for out-placement services from an employer or an employers' representative pursuant to paragraph (3), the Minister of Labor shall judge whether or not the employer is eligible for the subsidy for out-placement services under paragraph (1) and (2) and then shall notify the employer of the decision on whether to approve the plan for out-placement services.

(5) The amount of the subsidy for out-placement services prescribed in paragraph (1) shall be all [two-thirds in case large-scale enterprises or employers jointly provide out-placement services (This shall apply only when those who are insured or used to be insured in large-scale enterprises make up half or more of the total workers receiving the out-placement services.)] of the money the employer alone or jointly has spent on providing the out-placement services : Provided that the detailed categories and maximum amount of subsidy for out-placement services shall be determined and announced by the Minister of Labor.

(6) The payment of the subsidy for out-placement services under paragraphs (1) through (5) shall be made on a monthly basis for a period of up to 12 months.

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(7) Other necessary matters concerning the application for and payment of the subsidy for out-placement services shall be prescribed by the Ordinance of the Ministry of Labor. Article 23 (Subsidy for Re-hiring)

(1) The Minister of Labor shall provide an employer with the subsidy for rehiring if the employer (including employers prescribed by the Ordinance of the Ministry of Labor and related to the business concerned, such as those whose business merges with or takes over the business concerned; hereinafter in this Article, the same shall apply.) rehires a person who left his job due to employment adjustment as an insured worker (excluding workers prescribed by the Ordinance of the Ministry of Labor such as those under a short-term employment contract) within six months or more but less than two years after he/she left job, pursuant to Articles 21 (2) of the Act and does not dismiss any workers due to employment adjustment for three months before and six months after the rehiring: (2) The amount of the subsidy for rehiring under paragraph (1) shall be obtained by multiplying the amount announced by the Minister of Labor every year according to size of business by the number of rehired workers, and the subsidy shall be provided for six months (the employment period of the rehired worker, in case it is less than six months).

(3) If an employer rehires workers for whom the

business has received the subsidy for rehiring over the course of the past two years, the subsidy for rehiring shall not be provided.

(4) Necessary matters concerning the application for and payment of the subsidy for rehiring shall be prescribed by the Ordinance of the Ministry of Labor.

Article 24 (Subsidy for Local Employment Promotion) (1) The Minister of Labor, pursuant to Article 22 of the Act, shall provide subsidy for local employment promotion to an employer who transfers his/her business to a designated area or newly sets up or expands his/her business in a designated area after meeting all the following conditions:

1. Within the period of support, etc. for employment adjustment announced pursuant to Article 18 (2) of the Enforcement Decree of the Basic Employment Policy Act (hereinafter referred to as the ßÖdesignated periodß×), the business shall be transferred, newly set up or expanded;

2. The employer shall establish a local employment plan on - 715 -

the transfer, set-up, or expansion of the business and the subsequent hiring of workers, report the plan to the Minister of Labor, and implement it as planned;

3. Within one and half years after the date of the submission of a local employment plan, the transferred, newly-set up or expanded business shall begin its operation;

4. As of the beginning date(hereinafter referred to as the ßÖoperation starting dateß×) of operation of the transferred, newly-set up or expanded business, the employer shall hire job seekers who have resided in the designated area or other designated areas for three months or more, as the insured of the transferred, newly-set up or expanded business;

5. The need for the business shall be recognized by the Local Employment Council under Article 6 of the Basic Employment Policy Act; and

6. The business shall be started after preparing documents about the implementation status of the local employment plan and the status of wage payment to insured workers. (2) If an employer who intends to receive the subsidy for local employment promotion shall start business operation, pursuant to subparagraph 3 of paragraph (1), he/she shall report this to the Minister of Labor.

(3) The amount of the subsidy for local employment promotion shall be a half(one third in case of large-scale enterprises) of the amount of wages paid to the insured who were hired in accordance with subparagraph 4 of paragraph (1). (4) The subsidy for local employment promotion shall be provided for one year from the date of starting operation : Provided that if the designated period is less than one year, it shall be paid until the date when the designated period ends. (5) If the number of the insured who were hired in one designated period in accordance with subparagraph 4 of paragraph (1) exceeds 200, the subsidy for local employment promotion shall be provided only to 30/100 of the excess number of workers.

(6) Necessary matters concerning the application for and payment of the subsidy for local employment promotion shall be prescribed by the Ordinance of the Ministry of Labor. - 716 -

Article 25 (Subsidy for Employment Promotion for the Aged) (1) The Minister of Labor shall provide subsidy for employment promotion for the aged to an employer who meets the conditions described in any of the following subparagraphs pursuant to Article 23 of the Act:

1. The ratio of the average monthly number of the aged employed for one year or more (referring to the aged under the Aged Employment Promotion Act; hereinafter the same shall apply.) to the average monthly number of all workers of the business concerned in each quarter shall be more than the ratio determined and announced by the Minister of Labor according to industry;

2. The retirement age shall be raised by one year or more than the existing one and is 56 years old or older : Provided that if the retirement age was lowered less than three years before being raised, the subsidy for

employment promotion for the aged shall not be

provided;

3. The employer of a workplace that sets its retirement age limit at 57 or above shall retain a worker who reaches the retirement age after 18 months or more of

employment or re-employ (hereinafter referred to

"continuous employment") a worker within three months after he/she left his/her job at the retirement age and not dismiss any worker due to employment adjustment for three months before and six months after the

continuous employment : Provided that in cases

prescribed by the Ordinance of the Ministry of Labor, such as one year or less of continuous employment or lowering the retirement age, the subsidy for employment promotion for the aged shall not be provided.

(2) Daily workers, and any person falling under

subparagraphs 2 through 5 of Article 10 of the Act shall be excluded when calculating the number of workers and the number of the aged under paragraph (1) 1.

(3) The amount of the subsidy for employment promotion for the aged to be paid to an employer meeting the conditions described in paragraph (1) 1 shall be calculated by multiplying the amount annually announced by the Minister of Labor in consideration of wage increase rates, labor market conditions, etc., by the number of the aged in excess of the ratio determined and announced by the Minister of Labor according to industry pursuant to paragraph (1) 1 : Provided that the - 717 -

period during which an employer can receive the subsidy for employment promotion for the aged shall not exceed five years, and the total amount of the subsidy per quarter shall not exceed the amount calculated by multiplying the amount announced by the Minister of Labor by 15/100 (10/100 in the case of a large-scale enterprise) of the number of workers of the business concerned.

(4) The amount of the subsidy for employment promotion for the aged to be paid to an employer meeting the conditions described in paragraph (1) 2 shall be calculated by multiplying the amount announced by the Minister of Labor annually in consideration of wage increase rates, labor market conditions, etc., by the number of workers (excluding those to whom allowances for compensating for wage cuts under the wage peak system are paid pursuant to Article 28) who had reached the retirement age after 18 months or more of employment and then have been continuously employed due to the extension of the retirement age, and the subsidy shall be provided for half of the extended period : Provided that the subsidy shall be provided only to workers who reaches the previous retirement age limit less than five years after the date on which the retirement age limit is extended and then are continuously employed.

(5) The amount of the subsidy for employment promotion for the aged to be paid to an employer meeting the conditions described in paragraph (1) 3 shall be calculated by multiplying the amount announced by the Minister of Labor annually in consideration of wage increase rates, labor market conditions, etc., by the number of workers continuously employed after reaching the retirement age and the subsidy shall be provided for six months (twelve months in the case of employers of businesses falling under Article 12 (1) 2).

(6) Necessary matters concerning the application for and payment of the subsidy for employment promotion for the aged shall be prescribed by the Ordinance of the Ministry of Labor. Article 26 (Subsidy for Promoting New Hiring)

(1) If an employer hires as an insured worker (excluding workers prescribed by the Ordinance of the Ministry of Labor, such as those under a short-term employment contract) through job placement services by an Employment Security Office, a person whose unemployment period, counted from the date on which he/she registers himself/herself as a job-seeker with - 718 -

Employment Security Offices or other organizations prescribed by the Ordinance of the Ministry of Labor, exceeds the unemployment period set according to type of recipients in Table 1, and does not dismiss any workers due to employment adjustment for three months before and twelve months after the hiring, the Minister of Labor shall provide the employer with the subsidy for promoting new hiring pursuant to Article 23 of the Act: Provided that in case the worker is hired by his/her last employer (including employers prescribed by the Ordinance of the Ministry of Labor and related to the last employer, such as those whose business merges with or takes over the business of the last employer), the subsidy for promotion for new-hiring shall not be provided and in case the worker is hired through job placement services by organizations prescribed by the Ordinance of the Ministry of Labor other than Employment Security Offices, the subsidy shall be provided only when the head of the employment security service allows the provision of the subsidy.

(2) The amount of the subsidy for promoting new hiring under paragraph (1) shall be calculated by multiplying the amount announced by the Minister of Labor annually in consideration of wage increase rates, labor market conditions, etc., by the number of workers employed and the subsidy shall be paid for 12 months (the employment period of the worker concerned if it is less than 12 months). In this case, the amount announced by the Minister of Labor may be differentiated according to the length of consecutive service.

(3) If an employer falls into two or more categories of those eligible to receive the subsidy for promoting new hiring under the provisions of Table 1, based on the category under which the employer applies for the subsidy, the amount calculated pursuant to paragraph (2) shall be provided.

(4) If the number of workers newly hired under paragraph (1) exceeds 100 in the insurance year concerned, the subsidy for promoting new hiring shall be provided for up to 30/100 of the excess number.

(5) Necessary matters concerning the application for and payment of the subsidy for promoting new hiring shall be prescribed by the Ordinance of the Ministry of Labor. Article 27 (Subsidy for Employment of the Middle- and Old-aged Completing Training)

- 719 -

(1) The Minister of Labor shall provide an employer with subsidy for employment of the middle- and old-aged completing training pursuant to Article 23 of the Act, if the employer newly hires as insured workers(excluding those prescribed by the Ordinance of the Ministry of Labor such as workers under a short-term employment contract)the unemployed aged 40 or older who have completed either employment training for the unemployed(limited to training whose period is one months or longer) prescribed in Article 47 or training courses designated and announced by the Minister of Labor, within six months after completion of the training, and does not dismiss any worker in employment adjustment for three months before and six months after the hiring: Provided that the subsidy shall not be provided if the hired worker is employed by his/her last employer (including employers related to the business and prescribed by the Ordinance of the Ministry of Labor such as those whose business merges with or takes over the business of the last employer).

(2) The amount of subsidy for employment of the middle- and old-aged completing training shall be calculated by multiplying the amount announced every year by the Minister of Labor in consideration of wage increase rates, labor market conditions, etc., by the number of workers hired pursuant to paragraph (1), and the subsidy shall be paid for 12 months (the employment period of the hired worker concerned, if it is less than 12 months). In this case, the amount announced by the Minister of Labor may be differentiated according to the length of consecutive service.

(3) Necessary matters concerning the application for and payment of the subsidy for employment of the middle- and old-aged completing training shall be prescribed by the Ordinance of the Ministry of Labor.

Article 28 (Allowances for Wage Peak System)

(1) If an employer implements a system (hereinafter referred to as the "wage peak system") of cutting a worker's wages based on a particular age, consecutive service period or wage on the conditions that his/her employment will be guaranteed beyond the age prescribed by the Ordinance of the Ministry of Labor, with consent of the workers' representative, the Minister of Labor shall pay allowances for wage peak system to workers affected by the wage peak system pursuant to Article 23 of the Act.

- 720 -

(2) The allowances for wage peak system under paragraph (1) shall be paid to those who have been employed for 18 months or more and whose wages in the year in which the wages begin to be cut due to the application of the wage peak system are at least 10/100 lower than his/her wages (hereinafter referred to as "peak wages") in the year immediately preceding that year (excluding cases where the amount of wages in the year in which the wage peak system begins to be applied is not less than the amount announced by the Minister of Labor).

(3) The allowances for wage peak system under paragraph (1) shall be of an amount announced by the Minister of Labor in consideration of the difference between the worker's peak wages and wages cut under the wage peak system, wage increase rates, etc.

(4) The allowances for wage peak system under paragraph (1) shall be paid for six years from the time when the wage peak system begins to be applied : Provided that if the employment period counted from the time when the wage peak system begins to be applied is less than six years, the allowances shall be paid only for the employment period. (5) Necessary matters concerning the calculation of, application for and payment of the allowances for wage peak system under paragraphs (1) through (4) shall be prescribed by the Ordinance of the Ministry of Labor.

Article 29 (Subsidy for Continuous Employment After Pregnancy and Childbirth)

(1) If a worker, who falls under any of the following subparagraphs and is either on the protection leave prescribed in Article 74 of the Labor Standards Act or 16 weeks or more pregnant, has her employment contract or dispatch contract expired during the leave or pregnancy and an employer makes a labor contract lasting one year or longer with the worker immediately after the end of her employment contract or dispatch contract period, the Minister of Labor shall pay the employer the amount of subsidy determined and announced by the Minister of Labor for six months : Provided that the subsidy shall be paid for one year in case an employer makes a contract whose period is not fixed :

1. A worker whose employment contract period is one year or less; and

- 721 -

2. A dispatched worker under the Act on the Protection, etc., of Dispatched Workers.

(2) The subsidy under paragraph (1) shall be paid also to a using employer under the Act on the Protection, etc., of Dispatched Workers, who directly makes a labor contract lasting one year or longer with a worker whose dispatch contract has expired.

(3) Necessary matters concerning the application for and payment of the subsidy under paragraphs (1) and (2) shall be prescribed by the Ordinance of the Ministry of Labor. Article 30 (Subsidy for Child-care Leave, etc. and Subsidy for Hiring of Replacement Workforce)

(1) If an employer allows an insured worker to take child-care leave (excluding a period overlapping the 90 days of maternity leave before and after childbirth prescribed in Article 74 of the Labor Standards Act) under Article 19 of the Act on Equal Employment and Support for Work-Family Reconciliation or to work shorter working hours for a child-rearing period under Article 19-2 of the same Act (hereinafter referred to as "child-care leave, etc.") for 30 days or more and employs the insured worker continuously for 30 days or more after the end of the child-care leave, etc., the Minister of Labor shall provide the employer with subsidy for child-care leave, etc., pursuant to Article 23 of the Act.

(2) The amount of the subsidy for child-care leave, etc., under paragraph (1) shall be calculated by multiplying the amount announced by the Minister of Labor every year according to business size in consideration of an employer's burdens of labor costs arising from granting child-care leave, etc., by the number of months (including the period of paid maternity leave after childbirth prescribed in Article 74 of the Labor Standards Act : Provided that this shall not apply in the case of workers in preferentially supported enterprises.) for which the worker has taken child-care leave, etc.

(3) If an employer meets all of the following requirements, the Minister of Labor shall provide subsidy for hiring of replacement workforce in addition to the subsidy referred to in paragraph (1) : 30, 2008>

1. The employer newly hired a replacement worker 30 days before the beginning date of child-care leave, etc., (30 days before the beginning date of maternity leave in case the child-care leave, etc., starts immediately after maternity leave) and has continued to employ the worker for 30 days or more since then;

2. The employer has continued to employ the worker who took the child-care leave, etc., for 90 days or more after the end of the child-care leave;

and

3. The employer should not dismiss any workers due to employment adjustment for three months before and six months after the new hiring of the replacement worker

(4) The amount of the subsidy for hiring of replacement workforce under paragraph (3) shall be calculated by multiplying the amount announced by the Minister of Labor according to business size in consideration of an employer's cost burdens resulting from the hiring of a replacement workforce by the number of months for which the employer has employed the replacement worker from the beginning date of the child-care leave, etc., (the beginning date of maternity leave in case the child-care leave, etc., starts immediately after maternity leave) to the ending date of the child-care leave, etc.

(5) Necessary matters concerning the application for and payment of the subsidy for child-care leave, etc., and the subsidy for hiring of replacement workforce shall be prescribed by the Ordinance of the Ministry of Labor.

<Enforcement Date Jun. 22, 2008> <p> Article 31 (Support for Retirement Mutual-Aid Contributions for Construction Workers) <p> (1) Pursuant to Article 24 (1) of the Act, the Minister of Labor may support part of the mutual-aid contributions that an employer who subscribes to the retirement mutual aid scheme pursuant to Article 10 (2) of the Act on Employment Improvement, etc., of Construction Workers shall pay pursuant - 723 - <p> to Article 13 of the same Act. <p> (2) The amount of mutual-aid contributions to be <p> supported under paragraph (1) shall be a third of the amount of mutual-aid contributions the employer has paid since the date on which the construction worker becomes a beneficiary. (3) If an employer who has received partial support for mutual-aid contributions in accordance with paragraphs (1) and (2) requests the mutual aid association for construction workers (hereinafter in this Article, referred to as the "mutual aid association for construction workers") under Article 9 of the Act on the Employment Improvement, etc. of Construction Workers to return overly paid mutual-aid contributions after the effect of his/her subscription to the mutual aid scheme is terminated pursuant to Article 10 (5) of the same Act or after withdrawing from the mutual aid scheme pursuant to Article 18 of the same Act, the mutual aid association for construction workers shall return an amount left after deducting the amount of mutual aid contributions supported pursuant to paragraphs (1) and (2). In this case, the mutual aid association for construction workers shall return without delay the deducted amount to the Minister of Labor. <p> (4) Necessary matters concerning the application for and method of support, etc. for mutual-aid contributions under paragraphs (1) and (2), shall be prescribed by the Ordinance of the Ministry of Labor. <p> Article 32 (Subsidy for Managing Employment Insurance for Construction Workers) <p> (1) The Minister of Labor shall pay subsidy for managing employment insurance for construction workers to an employer who meets all of the following conditions in accordance with Article 24 of the Act: <Amended by Presidential Decree No. 20775, Apr. 30, 2008> <Enforcement Date Jan. 1, 2009> <p> <p>1. He/she shall be an employer provided for in subparagraph 1 of Article 2 of the Act on the Employment Improvement, etc. of Construction Workers; <p> <p>2. He/she shall designate a person in charge of employment management provided for in Article 5 of the Act on the Employment Improvement, etc., of Construction Workers; and <p> <p>3. The person in charge of employment management under paragraph (2) shall deal with insurance work, including making a report by electronic means to confirm the - 724 - <p> content of labor service pursuant to Article 15 (5) of the Act within the period set under Article 7 (1), for daily workers whose number is in excess of the number <p> determined and announced by the Minister of Labor. <Enforcement Date Jan. 1, 2009> <p> (2) The amount of the subsidy for managing employment insurance for construction workers under paragraph (1) shall be an amount announced by the Minister of Labor every year according to the scale of the administration of the insured, such as a report of the aquisition or loss of the insured status of daily workers and the subsidy shall be paid monthly or quarterly. In this case, if the employer makes a report confirming employment details pursuant to the latter part of Article 7 (1) using the construction worker employment insurance card prescribed by the Ordinance of the Ministry of Labor, the level of subsidy for managing employment insurance for construction workers may be set higher in consideration of the costs of purchasing equipment, such as construction worker employment insurance card readers, a past record of making a report confirming employment details using the construction worker employment insurance card, etc. <p> (3) Necessary matters concerning the application for and payment of the subsidy for managing employment insurance for construction workers shall be prescribed by the Ordinance of the Ministry of Labor. <p> Article 32-2 (Subsidy for Continuous Employment of Construction Workers) <p> (1) If an employer who carries out construction work falling under any of the following subparagraphs continues to employ construction workers in the construction site concerned as the insured (hereinafter referred to as "measure for continuous employment") and pays them money or other valuable goods even though the construction work has been suspended (including cases where a part of construction work has been suspended, if it is part of construction work falling under any of the following subparagraphs and distinguishable from the rest of the construction work in the light of the content, process, purpose, etc., of the construction work) because of snow, rain, temperatures, etc., for the period during which employment is insecure due to seasonal factors, the Minister of Labor shall pay the employer subsidy for continuous employment of construction workers: <p> - 725 - <p> <p>1. Construction work under the Framework Act on the Construction Industry; <p> <p>2. Electricity construction work under the Electricity Construction Business Act; <p> <p>3. Information and communications-related construction work under the Information and Communications Construction Business Act; <p> <p>4. Fire-fighting system-related construction work under the Fire-fighting Service Act; and <p> <p>5. Construction work of repairing cultural properties under the Act on the Protection of Cultural Properties <p> (2) "The period during which employment is insecure due to seasonal factors" under paragraph (1) refers to the period from June to August and the period from December to February of the following year. <p> (3) The amount of the subsidy referred to in paragraph (1) shall be two-thirds of the money or other valuable goods paid by the employer for the number of days in each month during the period under paragraph (2), for which the construction workers employed as the insured under a labor contract whose period is one month or longer cannot provide labor service due to the suspension of construction work, minus six days, however, the amount shall not exceed 35,000 won. In this case, any of the following days shall not be included in the number of days for which labor service cannot be provided due to the suspension of construction work: <p> <p>1. Predetermined day on which labor service will not be provided regardless of whether or not to suspend construction work; and <p> <p>2. Where the date of the suspension of construction work may be substituted by the date on which labor service is not provided in accordance with Acts and subordinate statues, collective agreements, employment rules or labor contracts, the date of the suspension <p> (4) An employer who intends to receive the subsidy under paragraph (1) shall in advance draw up a plan (a plan for changes if any changes are made after reporting) for the continuous employment of construction workers containing the following matters, report it to the Minister of Labor and implement it : Provided that if there is a natural disaster or other inevitable reasons recognized by the Minister of Labor, the employer may report the plan for continuous employment within three days (20 days in case an employer based in an - 726 - <p> area declared a special disaster zone pursuant to Article 60 of the Act on the Management of Disasters and Safety implements continuous employment measures because of the special disaster) after beginning to implement the continuous employment measure: <p> <p>1. A list of the names and wage levels of construction workers subject to the plan for continuous employment; and <p>2. Levels of money or other valuable goods paid for days for which labor service cannot be provided due to the suspension of construction work <p> (5) Matters necessary for reporting a plan for the continuous employment of construction workers, and applying for, and paying, subsidy therefor shall be prescribed by the Ordinance of the Ministry of Labor. <p> <This Article Newly Inserted by Presidential Decree No. 20775, Apr. 30, 2008> <Enforcement Date Jul. 1, 2008> Article 33 (Support for Diagnosis, etc., of Employment Management) <p> (1) The Minister of Labor may, if an employer or an employers' or workers' organization receives diagnosis services from a professional organization with regard to the reform of wage system, redesigning of work, etc., to ensure employment security or promote employment for those who are or were insured or other persons who have the willingness to be employed (hereinafter referred to as "the insured, etc."), support part of the costs needed for the diagnosis within the limits of the budget pursuant to Article 25 (1) 1 of the Act. (2) Matters concerning the selection of those eligible for the support under paragraph (1), the level of support, and other necessary matters shall be determined by the Minister of Labor. Article 34 (Support Projects to Promote Business Start-up by the Long-term Unemployed, etc.) <p> (1) The Minister of Labor may conduct support projects needed for business start-up, such as renting a shop, within the limits of the budget to promote business start-up by a person who was insured and falls under any of the following subparagraphs : <p> <p>1. The long-term unemployed (referring to those who have been unemployed for six months or more after registering themselves as a job-seeker with an Employment Security Office.); and <p> <p>2. The female unemployed responsible for supporting their - 727 - <p> family members and prescribed by the Ordinance of the Ministry of Labor. <p> (2) The Minister of Labor shall, if conducting support projects pursuant to paragraph (1), determine and announce in advance, the criteria for selecting those eligible for the support, the level and contents of the support projects, the method of appling for the support projects, etc. <p> (3) Matters necessary for the implementation of the support projects under paragraph (1) shall be determined by the Minister of Labor. <p> Article 35 (Employment Security and Employment Promotion) "Projects prescribed by the Presidential Decree" in Article 25 (1) 3 of the Act refer to the following projects : <p>1. Education projects and public relations projects for the employment security and employment promotion of the insured, etc.; <p> <p>2. Employment support projects such as job placement services for the employment promotion of the insured, etc.; and <p> <p>3. Employment environment improvement projects for the insured, etc., such as the aged, women and the disabled. Article 36 (Support for Employment Support Projects) (1) The Minister of Labor may support costs required for the employment support projects conducted by a person described in any of the following subparagraphs pursuant to Article 25 of the Act and subparagraph 2 of Article 35 of this Decree: <p> <p>1. A person who engages in non-fee-charging job placement services under Article 18 of the Employment Security Act and a person who engages in fee-charging job placement services under Article 19 of the same Act; <p> <p>2. A person who engages in services providing job information under Article 23 of the Employment Security Act; and <p>3. Other persons recognized by the Minister of Labor as being capable of conducting employment support projects. (2) The Minister of Labor shall, if intending to provide support pursuant to paragraph (1), publish beforehand the types and contents of eligible services, the scope of eligible insured people, etc., the contents and level of the support, the method of applying for the support, etc. In this case, the eligible insured people, etc., shall be those especially difficult to get employment under ordinary labor market conditions, such as - 728 - <p> the aged under Article 23 of the Act, and shall be selected from among those registered as a job seeker with an Employment Security Office, in consideration of the situations of job offer and job seeking activities, etc. <p> Article 37 (Support for Employment Environment Improvement for the Aged, etc.) <p> (1) The Minister of Labor may, if an employer intends to install or improve related facilities and equipment to ensure employment security and promote employment for the insured, etc., who are the aged, women or the disabled, provide support or loans within the limits of the budget to cover part of the necessary costs pursuant to Article 25 of the Act and Article subparagraph 3 of Article 35 of this Decree. <p> (2) Matters concerning the selection of those eligible for the support or loans under paragraph (1), the conditions for the selection and other necessary matters concerning the support and loans shall be determined by the Minister of Labor. Article 38 (Support for Employment Promotion Facilities) (1) The "employment promotion facilities prescribed in the Presidential Decree" in Article 26 of the Act refer to the following facilities : <p> <p>1. Employment promotion facilities set up and operated by a local government pursuant to Article 21 (1) of the Basic Employment Policy Act; <p> <p>2. Employment support facilities operated by a school designated by the Minister of Labor from among the schools under subparagraphs 1, 2 and 4 of Article 2 of the Higher Education Act; <p> <p>3. Schools designated by the Minister of Labor from among the vocational high schools under Article 80 (1) 1 of the Enforcement Decree of the Elementary and Secondary Education Act; <p> <p>4. The Aged Talent Bank under Article 11 of the Aged Employment Promotion Act; and <p> <p>5. Employment promotion facilities intended to ensure employment security and promote employment for the insured, etc., and to secure workforce for employers and prescribed by the Ordinance of the Ministry of Labor. (2) Pursuant to Article 26 of the Act, the Minister of Labor may provide support for part of the costs needed for the establishment and operation of employment promotion facilities to a person who establishes and operates employment - 729 - <p> promotion facilities or a person entrusted by the State to establish and operate employment promotion facilities pursuant to Article 21 of the Basic Employment Policy Act. (3) Necessary matters concerning the support for <p> employment promotion facilities under paragraph (1) shall be determined by the Minister of Labor. <p> (4) Pursuant to Article 26 of the Act, the Minister of Labor may support part of the costs of operating the child-care facilities established and operated by an employer, alone or jointly with other employers, under the conditions prescribed by the Ordinance of the Ministry of Labor. <p> (5) Pursuant to Article 26 of the Act, the Minister of Labor may, if an employer or an employers' organization intends to establish child-care facilities, independently or jointly with other employers, provide loans or support to cover part of the establishment costs under the conditions determined by the Minister of Labor. In such case, for employers of preferentially supported enterprises (including employers' organizations in which the number of preferentially supported enterprises exceeds 50/100 of the total.) and for employers or employers' organizations that intend to establish child-care facilities for disabled children or infants, the level of loans or support may be set higher. <p> Article 39 (Special Cases of Business Subject to Blanket Application) <p> For businesses which are subject to blanket application pursuant to Article 8 of the Insurance Premium Collection Act, every individual business shall be deemed to be one business in application of Articles 13 through 17, Article 19, Articles 22 through 27, Article 30 and Article 31. <p> Article 40 (Mutual Adjustment between Subsidies) <p> (1) If an employer who meets the conditions for receiving the employment retention subsidy as prescribed in Article 19 takes measures which meet the conditions for receiving the subsidy for rehiring, the subsidy for employment promotion for the aged, the subsidy for promoting new hiring, and the subsidy for employment of the middle- and old-aged completing training under Articles 23, 25 (1) 3, 26 and 27 while taking employment retention measures, the employment retention subsidy shall be provided, but other subsidies shall not. (2) If a worker simultaneously falls under the conditions for - 730 - <p> receiving the subsidy for hiring of professional workforce by small and medium enterprises, the subsidy for re-hiring, the subsidy for local employment promotion, the subsidy for employment promotion for the aged, the subsidy for promoting new hiring, or the subsidy for employment of the middle- and old-aged completing training under Article 16, and Articles 23 through 27, one subsidy shall be provided upon application by the employer concerned. <p> (3) If an employer simultaneously falls under the conditions for receiving the subsidy for working hour reduction by small and medium enterprises, the subsidy for transforming shift work system, the subsidy for improvement of employment environments by small and medium enterprises, or the subsidy for entry into a new business by small and medium enterprises, one subsidy shall be provided upon application by the employer concerned. <p> (4) If an employer who receives any of the subsidies falling under paragraph (3) meets the conditions for receiving the grants or subsidies under paragraph (2) while receiving the subsidy concerned, an amount calculated by multiplying the amount of the subsidy or grant prescribed in paragraph (2) by the rate determined and announced by the Minister of Labor shall be provided upon application by the employer. (5) If there is a worker who simultaneously meets the conditions for the payment of employment retention subsidy under Article 19 (1) and of subsidy for continuous employment of construction workers under Article 32-2 (1), one of the subsidies shall be paid according to the request of the employer. <Newly Inserted by Presidential Decree No. 20775, Apr. 30, 2008> <Enforcement Date Jul. 1, 2008> <p> Article 41 (Support for Vocational Skills Development Training Costs to Employers) <p> (1) The term ßÖvocational skills development training prescribed by the Presidential Decreeß×in Article 27 of the Act refers to training courses recognized or designated pursuant to Article 24 of the Employee Skills Development Act and falling under any of the following subparagraphs: <p> <p>1. Vocational skills development training undertaken for the insured; <p> <p>2. Vocational skills development training undertaken for those employed by the employer but not insured; <p> <p>3. Vocational skills development training undertaken at the - 731 - <p> business concerned or a business related to the business concerned for those due to be employed; <p> <p>4. Vocational skills development training undertaken for those who are registered as a job seeker with an <p> Employment Security Office; and <p> <p>5. Vocational skills development training undertaken for the insured [(excluding the self-employed under Article 113 of the Act (hereinafter referred to as "the self-employed")] employed in the business concerned during paid leave [referring to the leave which is not annual paid leave prescribed in Article 60 of the Labor Standards Act and during which an amount of wages equal to or higher than ordinary wages under Article 6 of the Enforcement Decree of the Labor Standards Act (hereinafter referred to as "ordinary wages") is paid.] falling under any of the following items: <p> A. The employer of a preferentially supported enterprise or an employer who ordinarily employs less than 150 workers shall grant seven consecutive days or more of paid leave to his/her workers and provide not less than 30-hour training to these workers during that leave; <p> B. An employer who does not fall under item A shall grant 30 days or more of paid leave to the workers with an employment period of one year or longer and provide not less than 120-hour training to these <p> workers during that leave; and <p> C. An employer shall grant paid leave to workers <p> engaged in production or similar work and announced by the Minister of Labor, and provide not less than 20-hour training to these workers during that leave to encourage their skills and techniques. <p> (2) The amount of subsidy for the vocational skills development training prescribed in paragraph (1) shall be calculated by multiplying the training expenses (restricted to the expenses meeting the standards announced by the Minister of Labor) by the rate announced by the Minister of Labor in consideration of business size, etc., but in the case of paragraph (1) 3 and 4, the amount of training allowances announced by the Minister of Labor shall be added, and in the case of paragraph (1) 5, part of the amount of wages(The level of support shall be determined and announced by the Minister of Labor.) paid during the paid leave shall be added. In this - 732 - <p> case, if the vocational skills development training is conducted for workers engaged in production or similar work and announced by the Minister of Labor to encourage their skills and techniques or for workers subject to a shift work system after its transformation and announced by the Minister of Labor, the level of support may be set higher. <p> (3) For employers who conduct vocational skills <p> development training for a person falling under any of the following subparagraphs, the level of support may be set higher under the conditions determined and announced by the Minister of Labor notwithstanding the provision of paragraph (2). In this case, part or all of the amount of wages paid during the training period may be subsidized : <p> <p>1. Fixed-term workers under subparagraph 1 of Article 2 of the Act on the Protection, etc., of Fixed-term or Part-time Employees; <p> <p>2. Part-time workers under Article 2 (1) 8 of the Labor Standards Act; <p> <p>3. Dispatched workers under the Act on the Protection, etc., of Dispatched Workers; and <p> <p>4. Daily workers (4) Necessary matters concerning the scope of support for training expenses and training allowances for vocational skills development training, the maximum amount of subsidy, the application procedures and other necessary matters shall be prescribed by the Ordinance of the Ministry of Labor. Article 42 (Limits to Support for Expenses) <p> (1) The annual total amount of vocational skills development training expenses which an employer is entitled to be paid in accordance with Article 28, shall be 100/100 (240/100 in the case of preferentially supported enterprises) of the estimated premiums and special-case premiums for employment security and vocational skills development programs which the employer is liable to pay during the year concerned pursuant to Articles 13 (1) 1, 17 (1) and 21 of the Insurance Premium Collection Act: Provided that the annual total amount of expenses that can be paid to an employer falling under any subparagraph of Article 18 (2) may be limited to 130/100 (300/100 in the case of preferentially supported enterprises) of the estimated insurance premiums for employment security and vocational skills development programs which the employer is liable to pay during the year concerned. <p> - 733 - <p> (2) If an employer provides training whose courses recognized in accordance with Article 24 of the Employee Skills Development Act for workers hired in a business other than his/her business, the employer may be paid up to 80/100 of the estimated insurance premiums for employment security and vocational skills development programs which the employer is liable to pay during the year concerned in addition to the subsidy prescribed in paragraph (1). <p> (3) Notwithstanding the provisions of paragraph (1) and (2), when the amount of subsidy is less than the minimum amount determined by the Minister of Labor in consideration of size and type of enterprise, the amount of subsidy shall be the minimum amount determined by the Minister of Labor. (4) As for the vocational skills development training under subparagraphs 3 and 4 of Article 41 (1), additional amount may be provided within the limits of the budget apart from the subsidy prescribed in paragraphs (1) through (3). Article 43 (Provision of Subsidy for Taking Courses) (1) If an insured person who falls under any of the following subparagraphs receives the vocational skills development training prescribed in Article 2 (1) of the Employee Skills Development Act (hereinafter referred to as the "vocational skills development training") at his/her own expenses, the Minister of Labor may support all or part of the necessary expenses under the conditions prescribed by the Ordinance of the Ministry of Labor. In this case, for the insured falling under subparagraph (4), the level of support may be set higher under the conditions determined and announced by the Minister of Labor : <p>1. A person who is due to leave work and will leave work during training or within one month after completion of the training : Provided that this shall not apply in case the reason for separation belongs to the causes for restrictions on eligibility to receive benefits under Article 58 of the Act; <p> <p>2. A person aged 40 or older; <p>3. A person employed by a business which ordinarily employs less than 300 workers; and <p> <p>4. A person falling under any of the subparagraphs of Article 41 (3) <p> (2) Deleted <Presidential Decree No. 20775, Apr. 30, 2008> <Enforcement Date Jul. 1, 2008> <p> (3) Necessary matters concerning the scope of and application - 734 - <p> procedures for the training courses for which training expenses can be supported pursuant to paragraph (1) shall be prescribed by the Ordinance of the Ministry of Labor. <Amended by Presidential Decree No. 20775, Apr. 30, 2008> <Enforcement Date Jan. 1, 2009> <p> Article 44 (Support for Taking Courses Using Employee Skills Development Cards) <p> (1) Pursuant to Article 29 (1) of the Act, the Minister of Labor, if an insured person who falls under any of the subparagraphs of Article 41 (3) himself/herself requests, shall issue a card (hereinafter referred to as the "employee skills development card") that allows the insured person to receive vocational skills development training, and if the person issued with the employee skills development card receives vocational skills development training, may support all or part of the necessary expenses under the conditions prescribed by the Ordinance of the Ministry of Labor. <p> (2) An insured person issued with an employee skills development card pursuant to paragraph (1) shall show the employee skills development card to a training institution to receive vocational skills development training. <p> (3) The expenses under paragraph (1) shall be paid by the Minister of Labor at the request of the head of the training institution. <p> (4) Necessary matters concerning the scope of the vocational skills development training courses for which expenses can be supported pursuant to paragraph (1), the valid period of employee skills development cards, the application for and issuance of employee skills development cards, the procedures for expense payment, etc., shall be prescribed by the Ordinance of the Ministry of Labor. <p> Article 45 (Loans for Skills Development Expenses) (1) If an insured person enters or attends a school or facility falling under any of the following subparagraphs at his/her own expenses, the Minister of Labor may provide loans for all or part of tuition fees within the limits of the budgets pursuant to Article 29 (1) of the Act: <Amended by Presidential Decree No. 20799, Jun. 5, 2008> <p> <p>1. The polytechnic college under the Polytechnic College Act; <p>2. The cyber college-type lifelong educational institution, the graduates of which are recognized as having academic attainments and degrees equal to those of the graduates - 735 - <p> of the junior college or the university under Article 33 (3) of the Lifelong Education Act; and <p> <p>3. The school under Article 2 of the Higher Education Act. (2) If an insured person receives vocational skills development training, the Minister of Labor may provide loans for all or part of the training fees within the limits of the budgets: Provided that this shall not apply, in case the worker takes a course falling under any of the following subparagraphs: <p>1. Information exchange activities such as seminars, symposiums, etc., or liberal arts courses to obtain general knowledge, knowledge of current affairs, etc.; <p> <p>2. Courses intended to enjoy hobbies, recreation, sports, etc. ; and <p> <p>3. Other courses recognized by the Minister of Labor as unsuitable as vocational skills development training courses <p> (3) The scope of those who are eligible to receive loans for training fees for foreign language courses from among the vocational skills development training under paragraph (2) shall be determined by the Minister of Labor. <p> (4) Loan conditions, such as interest rates and repayment periods of the loans prescribed in paragraphs (1) through (3) shall be determined by the Minister of Labor in consultation with the Minister of Strategic Planning and Finance. <Amended by Presidential Decree No. 20681, Feb. 29. 2008> <p> (5) The selection of those eligible for loans, application procedures, frequency of loans and other necessary matters on the loans prescribed in paragraphs (1) through (3) shall be prescribed by the Ordinance of the Ministry of Labor. Article 46 (Support for Skills Development Expenses) (1) The Minister of Labor may, if the insured (excluding the self-employed) of a preferentially supported enterprise who enter or attend a school or facility falling under any of the subparagraphs of Article 45 (1) show an excellent academic performance, support all or part of the school expenses within the limits of the budget pursuant to Article 29 (1) of the Act. (2) Necessary matters concerning the selection of those eligible for the support under paragraph (1), the amount of support, the method of support, etc., shall be determined by the Minister of Labor. <p> Article 47 (Employment Training for the Unemployed) (1) Pursuant to Article 29 (2) of the Act, the Minister of - 736 - <p> Labor may execute employment training for unemployed job seekers recognized as needing to receive vocational skills development training to be reemployed. <p> (2) The expenses required for the employment training referred to in paragraph (1) may be paid either to the person who receives the training or the institution which provides the training. <p> (3) If an unemployed person who receives the vocational skills development training executed to promote the employment of the unemployed pursuant to paragraph (1) is not eligible to receive job-seeking benefits under Article 42 (1) of the Act, the Minister of Labor may provide training allowances. (4) The Minister of Labor may loan all or part of the training expenses to the unemployed who were formerly insured and receive reemployment training for the unemployed as prescribed in paragraph (1). <p> (5) Matters concerning the selection of those eligible for the loans under paragraph (4), loan procedures, and the frequency of loans, and other necessary matters shall be prescribed by the Ordinance of the Ministry of Labor. <p> (6) Institutions conducting the reemployment training for the unemployed under paragraph (1) and other necessary matters concerning the implementation of the employment training for the unemployed shall be prescribed by the Ordinance of the Ministry of Labor. <p> Article 48 (Loans for Expenses of Vocational Skills Development Training Facilities, etc.) <p> (1) The Minister of Labor may provide loans, within the limit of the budgets, for the expenses required to set up vocational skills development training facilities and purchase equipment, to an employer, an employersßÓorganization or a workersßÓorganization that provides or intends to provide vocational skills development training pursuant to Article 30 of the Act, a vocational skills development training corporation which is established with the permission of the Minister of Labor pursuant to Article 32 of the Employee Skills Development Act, and a person who installs and operates a vocational skills development training facility designated pursuant to subparagraph 3 B of Article 2 of the Employee Skills Development Act. <p> (2) The loan conditions, such as interest rates, loan periods, etc., for the loans under paragraph (1) shall be determined by the - 737 - <p> Minister of Labor in consultation with the Minister of Strategic Planning and Finance. In this case, the interest rate may be set differently for employers of preferentially supported enterprises or employers' organizations to which the enterprises belong and employers or employers' organizations that conduct or intend to conduct the vocational skills development program under Article 52 (1) 6. <Amended by Presidential Decree No. 20681, Feb. 29. 2008> <p> (3) Necessary matters concerning the maximum loans for the expenses under paragraph (1), loan procedures, etc., shall be prescribed by the Ordinance of the Ministry of Labor. Article 49 (Support for Vocational Skills Development Training Facilities, etc.) <p> (1) If an employer, an employers' organization or a confederation of such organizations alone or jointly installs vocational skills development training facilities or purchase vocational skills development training equipment to conduct training in the types of occupations announced by the Minister of Labor, including the preferentially selected types of occupations under Article 53 (2), or a public organization which installed public vocational training facilities pursuant to subparagraph 3 A of Article 2 of the Employee Skills Development Act renovates or repairs decrepit facilities or purchase equipment, the Minister of Labor may support part of the expenses for installing the facilities and purchasing the equipment within the limit of the budgets pursuant to Article 30 of the Act. In this case, preferential treatment can be given for employers of preferentially supported enterprises or employers' organizations to which the enterprises belong and employers or employers' organizations that conduct the vocational skills development program under Article 52 (1) 6. <p> (2) Necessary matters concerning the maximum amount of the support for expenses under paragraph (1) and procedures for the support shall be prescribed by the Ordinance of the Ministry of Labor. <p> Article 50 Deleted. <Presidential Decree No. 20775, Apr. 30, 2008> Article 51 (Support for Qualification Test Projects) (1) With regard to those who undertake a project falling under any of the following subparagraphs, the Minister of Labor may support all or part of the expenses necessary for the - 738 - <p> project pursuant to Article 31 (1) 2. In this case, if the project falls under subparagraph 1, support shall be provided under the conditions announced by the Minister of Labor : <p> <p>1. A qualification test project carried out by an employer to improve workers' skills; and <p> <p>2. A project carried out by a national technical qualification test agency under the National Technical Qualification Act to make it convenient for the insured to acquire a qualification; <p> (2) The qualification test project under paragraph (1) 1 shall meet all of the following requirements : <p> <p>1. The qualification test project shall be undertaken by an employer alone or jointly for workers of the business concerned or a business related to the business concerned; <p> <p>2. The qualification test project shall be directly related to knowledge and skills needed in the business concerned; <p>3. Regulations giving preferential treatment to workers who have acquired the qualification in terms of promotion, pay raises, remunerations, etc., shall be established and implemented; <p> <p>4. In relation to the test project, any expenses, including test fees, shall not be collected from workers who intend to acquire the qualification; <p> <p>5. The qualification test shall not be for profits; and <p>6. The qualification test project shall meet other requirements prescribed by the Ordinance of the Ministry of Labor. (3) Necessary matters concerning the application for and method of the support under paragraph (1), etc., shall be prescribed by the Ordinance of the Ministry of Labor. Article 52 (Promotion of Vocational Skills Development) (1) The "other activities prescribed in the Presidential Decree" refer to the following activities : <p> <p>1. Research and studies related to vocational skills development programs; <p> <p>2. Educational and public relations activities for vocational skills development programs; <p> <p>3. Development, publication and distribution of training media for vocational skills development programs; <p>4. Vocational skills development programs conducted in cooperation by an employer's organization, a workers' organization or a confederation of such organizations; <p>5. Programs to support the system of certifying the best - 739 - <p> companies for human resources development; <p> <p>6. Vocational skills development programs that an employer, an employers' organization, etc. conducts jointly with small and medium enterprises for the workers, etc. of such small and medium enterprises; <p> <p>7. Education and training programs implemented to cultivate vocational skills development training instructors under Articles 36 and 37 of the Employee Skills Development Act and human resources managers under Article 20 (1) 5 of the same Act and to develop their skills; <p> <p>8. Vocational skills development training provided pursuant to Article 12 of the Employee Skills Development Act; <p>9. Education and training provided as the education and training courses polytechnic colleges shall offer pursuant to Article 4 of the Polytechnic College Act; <p> <p>10. Vocational skills development training (limited to excellent training courses recognized by the Minister of Labor) provided to improve the core job skills of employers and workers of preferentially supported enterprises; <p> <p>11. Vocational skills development programs implemented to promote learning organization, such as expanding <p> opportunities for workers of preferentially supported enterprises to acquire job knowledge or enabling them to accumulate and share job knowledge within their <p> companies; <p> <p>12. Vocational skills development programs implemented to increase the capabilities of employers or human resources managers of preferentially supported enterprises to develop human resources; and <p> <p>13. Other activities to promoting vocational skills development <p> (2) Necessary details concerning the application for and method of the support for expenses referred to in paragraph (1) shall be determined by the Minister of Labor. <p> Article 53 (Entrustment of Vocational Skills Development Training Programs) <p> (1) If the Minister of Labor intends to entrust the implementation of vocational skills development training programs pursuant to Article 31 (2) of the Act, he/she shall establish a plan for the vocational skills development training programs to be entrusted every year. <p> - 740 - <p> (2) The vocational skills development training programs prescribed in paragraph (1) shall be implemented for the kinds of occupations (hereinafter in this Article referred to as "preferentially selected occupations") described in any of the following subparagraphs : <p> <p>1. Occupations in key industries of the national economy and experiencing a labor shortage; <p> <p>2. Occupations in national strategic industries, such as information and communications industry and automobile industry, and experiencing a labor shortage; and <p> <p>3. Other occupations announced by the Minister of Labor for which workforces need to be cultivated to meet an increasing labor demand at industrial sites. <p> (3) Training in the preferentially selected occupations referred to in paragraph (2) may be entrusted to a vocational ability development training facility or vocational ability development training corporation under Articles 2 and 32 of the Employee Skills Development Act. <p> (4) Necessary matters concerning the provision of training in the preferentially selected occupations, such as target trainees, training procedures and support for training expenses and allowances shall be prescribed by the Ordinance of the Ministry of Labor. <p> Article 54 (Support for Vocational Skills Development of Construction Workers) <p> (1) Pursuant to Article 32 of the Act, the Minister of Labor may, if an employer or an employers' organization in the construction industry conducts vocational skills development training to develop or improve the vocational skills of construction workers who are not employed in a specified workplace and are determined and announced by the Minister of Labor, support part of the costs, and if they provide training allowances to the construction workers during the training, support the expenses required. <p> (2) The provisions of Article 41 (2) shall apply mutatis mutandis to the support for vocational skills development training costs under paragraph (1). <p> Article 55 (Support for Local Governments, etc.) <p> (1) The "not-for-profit corporation or organization prescribed by the Presidential Decree" in Article 34 of the Act refers to a not-for-profit corporation established by the law or established - 741 - <p> after obtaining approval or permission from the State or a local government or a not-for-profit organization registered under the Assistance for Non-profit Non-governmental Organizations Act. (2) The Minister of Labor may, if a local government or the not-for-profit corporation or organization under paragraph (1) carries out a project for the employment security, employment promotion and vocational skills development of the insured, etc., support all or part of the costs within the limits of the budget pursuant to Article 34 of the Act. <p> (3) The Minister of Labor shall, if he/she intends to support the costs pursuant to paragraph (2), shall announce the types and contents of projects eligible for the support, the conditions for, contents and level of, and application method of the support, etc., in advance. <p> Article 56 (Restrictions on Payment of Subsidy, etc., for Fraudulent Acts) <p> (1) If an employer received or intends to receive the subsidies, grants or support for vocational skills development training costs described in the following subparagraphs in a false or other fraudulent ways, the Minister of Labor shall not provide the remaining subsidies, grants or support for vocational skills development training costs or the subsidies, grants or support for vocational skills development costs the employer intends to receive and shall order a return of the subsidies, grants or support for vocational skills development training costs already provided, pursuant to Article 35 (1) of the Act : <p> <p>1. Subsidies or grants prescribed in Articles 13 through 17, Article 19, Articles 22 through 38 and Article 55; and <p>2. Support for vocational skills development training prescribed in Article 41 and Articles 43 through 54 <p> (2) If an employer received or intends to receive the subsidies, grants or support for vocational skills development training costs described in the subparagraphs of paragraph (1) in a false or other fraudulent ways, subsidies, grants or support for vocational skills development training costs shall not be provided for one year from the date on which the employer received or intends to receive the subsidies, grants or support for vocational skills development training costs, and the Minister of Labor shall order a return of the subsidies, grants or support for vocational skills development training costs provided during the restriction period pursuant to Article 35 (1) of the Act. - 742 - <p> (3) A person who received a return order (including the additional collection under Article 35 (2) of the Act; hereinafter the same shall apply.) shall pay the notified amount within 30 days from the date on which he/she received the notification. In such case, the notified amount shall, in principle, be paid in a lump sum, but if the amount exceeds 10 million won and 1/2 of the estimated insurance premiums to be paid by the business, it may be paid in installments under the conditions determined by the Minister of Labor. <p> (4) If a person who received a return order pursuant to paragraphs (1) through (3) fails to fulfill the payment obligation within the set period, subsidies, grants or support for vocational skills development training shall not be provided during a period in which he/she fails to fulfill the obligation. Article 57 (Performing Duties by Proxy) <p> (1) The "person prescribed by the Presidential Decree" in Article 36 of the Act refers to the following persons : <p>1. Human Resources Development Service of Korea under the Act on the Human Resources Development Service of Korea; <p> <p>2. Polytechnic colleges under the Polytechnic College Act; and <p> <p>3. Vocational skills development organizations under Article 23 of the Employee Skills Development Act <p> (2) The Minister of Labor shall, if performing duties by proxy, financially support the expenses needed to perform duties from the Employment Insurance Fund. <p> CHAPTER IV <p> Unemployment Benefits <p> Article 58 (Determination and Notification of Unemployment Benefits) If the head of an Employment Security Office has decided whether to pay unemployment benefits, he/she shall inform the applicant of the decision : Provided that if the head of an Employment Security Office has decided to pay <p> unemployment benefits, he/she may record the fact in the applicant's employment insurance recipient qualification certificate pursuant to Article 62 and deliver it to the applicant instead of giving the notification. <p> - 743 - <p> Article 59 (Drawing Up Original Register of Benefits) (1) The head of an Employment Security Office shall, if he/she pays unemployment benefits, draw up an original register of benefits for each recipient of unemployment benefits. (2) At the request of a person who is related to the insurance, the head of an Employment Security Office shall make the original register of benefits available to the person and issue the person with a certificate if it is deemed necessary. Article 60 (Causes for Extension of Base Period) <p> The "other reasons prescribed by the Presidential Decreeß×in Article 40 (2) refer to the following causes : Provided that this shall not apply in case money or other valuables determined by the Minister of Labor are given pursuant to the proviso of subparagraph 5 of Article 2 of the Act. <p>1. Shutdown of business; <p>2. Leave due to pregnancy, childbirth, and child care; and <p>3. Leave or other similar causes determined and announced by the Minister of Labor. <p> Article 61 (Job-seeking Application and Application for Recognition of Recipient Qualification) <p> (1) A person who intends to report his/her unemployment pursuant to Article 42 of the Act shall make a job-seeking application as referred to in Article 9 of the Employment Security Act, and submit an application for the recognition of recipient qualification to the head of the Employment Security Office who has jurisdiction over his/her residential area (hereinafter referred to as the ßÖhead of the competent Employment Security Office in the residential areaß×). In this case, it shall be accompanied by a payment period extension report as referred to in Article 71, if it is issued. (2) If a person who intends to report his/her unemployment pursuant to paragraph (1) is issued with a confirmation document on separation by the employer pursuant to Article 16 (2) of the Act, he/she shall submit it to the head of the competent Employment Security Office in the residential area: Provided that this shall not apply in case where it is difficult to issue a confirmation document on separation due to obscurity of the whereabouts of the employer who has employed the separated person or other inevitable reasons. <p> (3) The head of an Employment Security Office who receives a report on unemployment pursuant to paragraph (1) - 744 - <p> shall designate a date on which the reporter shall be present at the Employment Security Office to obtain the recognition of his/her unemployment (hereinafter referred to as the ßÖ unemployment recognition dateß×), and shall notify the reporter of it. <p> Article 62 (Recognition of Recipient Qualification) (1) If the head of an Employment Security Office receives an application for the recognition of recipient qualification pursuant to Article 61, he/she shall give an employment insurance recipient qualification certificate (hereinafter referred to as the ßÖrecipient qualification certificateß×) to the applicant on the date when the unemployment is first recognized, if the applicant is recognized as being eligible to receive job-seeking benefit under Article 43 (1) of the Act. (2) If a person who has submitted an application for the recognition of recipient qualification is not recognized as being eligible to receive job-seeking benefits under Article 43 (1) of the Act, the head of the Employment Security Office shall inform the applicant concerned of this. <p> (3) If a recipient qualification certificate issued pursuant to paragraph (1) is worn out or lost, the eligible recipient shall apply to the head of the competent Employment Security Office in the residential area for the re-issuance. <p> (4) If an eligible recipient changes or corrects his/her name, resident registration numbers, address or dwelling place, he/she shall report this fact to the head of the competent Employment Security Office. In this case, the head of the Employment Security Office shall modify the related details in the recipient qualification certificate and return it. (5) A person issued with a recipient qualification certificate pursuant to paragraph (1) may request the head of the Employment Security Office who has recognized his/her recipient qualification to issue a document containing particulars that are the basis for the recognition of the recipient qualification. <p> Article 63 (Recognition of Unemployment) <p> (1) If an eligible recipient is to have his/her unemployment recognized pursuant to Article 44 (3) of the Act, he/she shall present himself/herself at the competent Employment Security Office in his/her residential area on the unemployment recognition date and record on an application for recognition of unemployment, the contents of his/her past 14 days of - 745 - <p> reemployment activities, and submit it together with his/her recipient qualification certificate. <p> (2) If the head of an Employment Security Office recognizes unemployment as provided in paragraph (1), he/she shall record this in the recipient qualification certificate and return it. (3) The standards for the recognition of reemployment activities referred to in paragraph (1) shall be prescribed by the Ordinance of the Ministry of Labor. <p> Article 64 (Special Causes for Recognition of Unemployment) The "causes prescribed by the Presidential Decreeß×in subparagraph 2 of Article 44 (2) refer to causes falling under any of the following subparagraphs: <p> <p>1. In case natural disasters occur; <p>2. In case the ratio of the monthly number of those who apply for recognition of eligibility to receive job-seeking benefits to the number of the insured at the end of each month (hereinafter referred to as ßÖthe ratio of application for recipient qualificationß×) exceeds 1% for two consecutive months; and <p> <p>3. In case a decision to pay special extended benefits pursuant to Article 53 of the Act is made. <p> Article 65 (Special Cases of Recognition of Unemployment) The "other eligible recipients prescribed by the Presidential Decree" in Article 44 (2) 3 refer to persons falling under any of the following subparagraphs: <p> <p>1. A person who is unable to be present at the Employment Security Office on the unemployment recognition date due to employment, an interview with a job offerer or other unavoidable reasons and has applied for a change of the unemployment recognition date to the competent <p> Employment Security Office in his/her residential area at least one day prior to the unemployment recognition date; <p> <p>2. A person who was unable to be present on the unemployment recognition date or until the day before the unemployment recognition date due to employment, an interview with a job offerer or other unavoidable reasons, and has applied for a change of the <p> unemployment recognition date to the competent <p> Employment Security Office in his/her residential area within 14 days after the reason ceases to exist; <p> <p>3. A person who was unable to be present at the - 746 - <p> Employment Security Office on the employment <p> recognition date or until the day before it due to seven days or more of employment, but makes an application, along with a document proving his/her employment date, for the recognition of his/her unemployment within one month of the employment date, In this case, the <p> application may be made by mail, fax or over the <p> electronic communications network; <p> <p>4. A person who was unable to be present at the Employment Security Office on the unemployment <p> recognition date due to his/her mistake but presents himself/herself at the Employment Security Office within 14 days of the unemployment recognition date to make an application for a change of the unemployment <p> recognition date (For the eligible recipient, this is permitted only once during the benefit payment period under Article 48 of the Act); <p> <p>5. A person for whom the head of an Employment Security Office deems it appropriate to change the unemployment recognition date for reasons falling under any of the following items : <p> A. In case the payment period under Article 48 of the Act expires; <p> B. In case the unemployment recognition date falls on a holiday for government agencies in accordance with the Regulations on Holidays for Government Agencies; or C. In case there are other inevitable reasons. <p> <p>6. A person for whom a decision on unemployment benefits has been canceled or changed as a result of an examination, re-examination or litigation under Article 87 (1) of the Act or by virtue of the authority of the head of the <p> Employment Security Office; <p> <p>7. A person who is certain to be employed within 30 days from the unemployment recognition date; and <p> <p>8. A person who lives in the islands determined and announced by the Minister of Labor and applies for special cases of recognition of his/her unemployment. <p> Article 66 (Recognition of Unemployment by Certificate) (1) If an eligible recipient is to obtain recognition of unemployment pursuant to subparagraphs 1, 2 and 4 of Article 44 (3), he/she shall present himself/herself at the competent Employment Security Office in his/her residential area on the - 747 - <p> unemployment recognition date and submit an application for recognition of unemployment, along with his/her recipient qualification certificate and a certificate stating the reasons for not having presented himself/herself previously, within 14 days after the reason ceases to exist. <p> (2) Necessary matters concerning the details and issuer to be stated in the certificate referred to in paragraph (1) shall be prescribed by the Ordinance of the Ministry of Labor. (3) If an eligible recipient is to obtain recognition of unemployment pursuant to subparagraph 3 of Article 44 (3) of the Act, he/she shall submit, directly or through an agent, an application for recognition of unemployment, together with his/her recipient qualification certificate and other certificates issued by job-training or other institutions, to the head of the competent Employment Security Office. <p> Article 67 (Measures to Promote Employment of Eligible Recipients) <p> The "measures prescribed by the Presidential Decree, such as support for setting up plans for reemployment activities, job placement, etc.," in the former part of Article 44 (4) of the Act refer to the following measures necessary to promote the employment of eligible recipients : <p> <p>1. Measures to provide support in setting up a plan for reemployment activities; <p> <p>2. Measures to provide information and education about the insurance, including unemployment benefits; <p> <p>3. Measures to provide in-depth counseling or guidance about things to be prepared in advance for <p> reemployment, such as providing job aptitude tests and job information; <p> <p>4. Measures to instruct ways of reemployment activities, including techniques of searching for and using <p> employment information, such as job openings, training, etc., and resume writing and interview techniques; <p>5. Measures to provide job information and job placement services, accompany an applicant to an interview, and provide opportunities to participate in employment-related events; and <p> 6 Measures necessary to promote reemployment, such as providing counseling over the need for training, <p> providing information on suitable training courses and instructing training <p> - 748 - <p> Article 68 (Ceiling Amount of Basic Daily Wage for Benefits) (1) If in accordance with Article 45 (5) of the Act, the basic daily wage which is the basis for the calculation of job-seeking benefits, exceeds eighty thousand won, the basic daily wages shall be eighty thousand won. <p> (2) The Minister of Labor shall, if it is deemed necessary to make an adjustment given price increase rates, economic fluctuations, wage increase rates, etc., after an amount is applied pursuant to paragraph (1), consider changing the amount concerned <p> Article 69 (Provision of Services, etc.) <p> (1) If an eligible recipient actually offered services in accordance with Article 47 (1) of the Act, he/she shall state this in an application for recognition of unemployment that is submitted on the first unemployment recognition date since the date on which he/she offered the services concerned. (2) The criteria for judging whether the provision of services referred to in paragraph (1) is considered a state of employment shall be prescribed by the Ordinance of the Ministry of Labor. Article 70 (Reasons for Extension of Payment Period) The ßÖother causes provided for by the Presidential Decreeß×in Article 48 (2) of the Act refer to the following causes: <p> <p>1. Injuries or diseases of the recipient (excluding injuries or diseases for which injury and disease benefits are being paid pursuant to Article 63 of the Act); <p> <p>2. Injuries or diseases of the recipient's spouse (limited to the case in which full-time care by the recipient is needed); <p> <p>3. Injuries or diseases of the lineal ascendants or descendants of the recipient or his/her spouse; <p> <p>4. Mandatory military service under the Military Service Act. <p>5. Detention or execution of sentence on criminal charges (excluding those not eligible to receive benefits pursuant to subparagraph 1 A of Article 58); and <p> <p>6. Reasons equivalent to the causes under paragraphs 1 through 5 and prescribed by the Ordinance of the <p> Ministry of Labor <p> Article 71 (Report for Extension of Payment Period) - 749 - <p> (1) A person who is to report the fact that he/she is unable to find employment pursuant to Article 48 (2) of the Act, shall, directly or through an agent, submit an application for extension of payment period along with his/her recipient qualification certificate (limited to the case where he/she is issued with a recipient qualification certificate) to the competent Employment Security Office in his/her residential area during the payment period; Provided that in the case of a natural disaster, mandatory military service under the Military Service Act, or other unavoidable reasons, they shall be submitted within 30 days from the date on which the cause ceases to exist. <p> (2) Notwithstanding the provisions of paragraph (1), if a person receives medical-care benefits in accordance with Article 40 of the Industrial Accident Compensation Insurance Act, he/she shall be deemed to have made a report pursuant to Article 48 (2) of the Act on the first day of the medical care. <Amended by Presidential Decree No. 20875, Jun. 25, 2008> <Enforcement Date Jul. 1, 2008> <p> (3) The head of an Employment Security Office shall, if the report under paragraph (1) is deemed to have the cause for extension of payment period, give a payment period extension notice to the person who reported, record necessary details in the recipient qualification certificate and return it. (4) A person who receives a payment period extension notice pursuant to paragraph (3) shall, if the cause for extension of payment period ceases to exist, or changes are made to matters prescribed by the Ordinance of the Ministry of Labor in the report for extension of payment period, report this to the head of the competent Employment Security Office in his/her residential area without delay, and submit his/her payment period extension notice and recipient qualification certificate. (5) The head of an Employment Security Office shall, if he/she receives a report pursuant to paragraph (4), record the related matters in the payment period extension notice and recipient qualification certificate and return them. Article 72 (Payment of Benefits for Extended Training) (1) The ßÖperiod prescribed by the Presidential Decreeß×in the latter part of Article 51 (2) of the Act shall be two years. Article 73 (Payment, etc. of Individual Extended Benefits) (1) The "eligible recipient who is particularly difficult to get employment and leads a hard life, and is prescribed by the - 750 - <p> Presidential Decree" in Article 52 (1) of the Act refers to a person who meets all of the following conditions: <p>1. A person who fails to find a job even after applying at least three times for jobs placed by the head of an Employment Security Office from the unemployment report date under Article 42 (1) of the Act until the expiry of the job-seeking benefits period and has dependent family members falling under any of the following items : A. A person aged under 18 or person aged 65 or older; B. The disabled under the Act on Employment Promotion and Vocational Rehabilitation for the Disabled; and C. A patient requiring one month or more of medical care; <p> <p>2. A person who, although he/she needs vocational skills development training in order to be re-employed, given his/her career experiences, wage levels, labor market situations, etc., has not received or is not receiving vocational skills development training; and <p> <p>3. A person for whom the sum of his/her basic daily wage for calculating benefits and the value of properties of the person and his/her spouse is less than the level announced by the Minister of Labor. <p> (2) The ßÖperiod prescribed by the Presidential Decreeß×in Article 52 (2) of the Act shall be 60 days. <p> (3) If an eligible recipient is to receive individual extended benefits under Article 52 (2) of the Act, he/she shall submit an application for individual extended benefits, along with his/her recipient qualification certificate, to the head of the competent Employment Security Office in his/her residential area no later than the expiry date of the job-seeking benefits. (4) Necessary matters concerning the payment of individual extended benefits provided for in paragraph (1) shall be prescribed by the Ordinance of the Ministry of Labor. Article 74 (Payment of Special Extended Benefits) The ßÖcauses prescribed by the Presidential Decreeß×mentioned in Article 53 (1) of the Act refer to causes falling under any of the following subparagraphs, and expected to continue to exist : <p> <p>1. In case the ratio of the monthly number of those who receive job-seeking benefits (excluding those who receive benefits for extended training, individual extended benefits or special extended benefits in accordance - 751 - <p> with Articles 51 through 53 of the Act) to the number of the insured as of the end of the month concerned <p> exceeds 3% for three consecutive months; <p> <p>2. In case the monthly ratio of application for recipient qualification exceeds 3% for three consecutive months; and <p> <p>3. In case the monthly unemployment rate exceeds 6% for three consecutive months. <p> Article 75 (Procedures for Payment of Job-seeking Benefits) (1) An eligible recipient shall, on the first <p> unemployment recognition date when he presents <p> himself/herself at the competent Employment Security Office in his/her residential area, designate and report a financial institution and an account through which he/she wants to receive job-seeking benefits. The same shall apply in the case of changing a financial institution and an account. <p> (2) Job-seeking benefits shall be paid by sending them to an account in the financial institution designated by the eligible recipient. <p> Article 76 (Claim for Unpaid Job-seeking Benefits) (1) A person who is to claim payment of unpaid <p> job-seeking benefits under Article 57 (1) of the Act (hereinafter referred to as the ßÖunpaid benefit claimantß×) shall submit a claim for the unpaid unemployment benefits to the head of the competent Employment Security Office in the residential area of the deceased. <p> (2) If an unpaid benefit claimant is to obtain recognition of unemployment of the deceased eligible recipient pursuant to Article 57 (2) of the Act, he/she shall present himself at the competent Employment Security Office in the residential area of the eligible recipient and submit a written claim for the unpaid unemployment benefits and obtain recognition of unemployment of the eligible recipient. <p> (3) When an unpaid benefit claimant submits a written claim for unpaid unemployment benefits, he/she shall submit the report or documents which would have to be submitted if the deceased eligible recipient was to receive job-seeking benefit. Article 77 (Mutatis Mutandis Application) <p> The provisions of Article 75 shall apply mutatis mutandis to the procedures for payment of job-seeking benefits to the unpaid benefit claimant. In this case, the term "competent - 752 - <p> Employment Security Office in his/her residential area" shall be read as "the competent Employment Security Office in the residential area of the deceased", and the term "eligible recipient" shall read "unpaid benefit claimant". <p> Article 78 (Scope, etc., of Large Amount of Money and Valuables) (1) The ßÖmoney and valuables exceeding the amount prescribed by the Presidential Decreeß×in Article 59 (1) of the Act refer to money and valuables(excluding wages) of 100 million won or more received at the time of separation from jobs, by whatever name they are called, whether of retirement pay, retirement consolation allowances, etc. <p> (2) The ßÖperson certain to receive the payment under the Presidential Decreeß×in Article 59 (1) refers to a person who was separated from an organization or a business falling under any of the following subparagraphs : Provided that this shall not apply in case the organization or business concerned is faced with the situations prescribed by the Ordinance of the Ministry of Labor, such as a declaration of bankruptcy under the Debtor Rehabilitation and Bankruptcy Act, curing a period from one year prior to the eligible recipient's separation to the date of his/her unemployment report after the separation: <p>1. A government-invested institution (referring to an enterprise of whose capital, 0.5% or more is contributed by the government); <p> <p>2. A local public corporation and local public industrial complex under Articles 49 and 76 of the Local Public Enterprise Act; <p> <p>3. A business of whose capital or basic property, a half or more is contributed or financed by a national/local government or government- invested institution; and <p> <p>4. A business which has never delayed wage payment over the one year prior to the date of separation. <p> Article 79 (Procedures for Suspending Payment of Job-seeking Benefits) <p> (1) The head of an Employment Security Office shall notify a person who falls under any of the following subparagraphs in advance that the payment of his/her job-seeking benefits may be suspended, under the conditions prescribed by the Ordinance of the Ministry of Labor : <p> <p>1. An eligible recipient who refuses to take a job placed by the head of an Employment Security Office pursuant to - 753 - <p> Article 60 (1) of the Act; <p> <p>2. An eligible recipient who refuses to receive vocational skills development training dictated by the head of an Employment Security Office pursuant to Article 60 (2); and <p> <p>3. An eligible recipient who refuses to receive vocational guidance provided by the head of an Employment <p> Security Office to promote his/her reemployment. <p> (2) Notwithstanding the notification given under paragraph (1), if the eligible recipient has refused twice or more to take a job, vocational skills development training, etc., provided under Article 60 (1) and (2) of the Act, the payment of his/her job-seeking benefits shall be suspended. <p> (3) The head of an Employment Security Office shall, if suspending the payment of job-seeking benefits pursuant to paragraph (2), notify the eligible recipient of the reason for and period of the suspension no later than the day before the next unemployment recognition date and his/her unemployment shall not be recognized during the period of suspension. Article 80 (Fraudulent Acts Mitigating Restrictions on Payment of Job-Seeking Benefits) <p> The "reasons prescribed by the Presidential Decreeß×in Article 61 (2) of the Act refer to any of the following reasons which the eligible recipient has: <p> <p>1. In case the person fails to report the fact that he/she worked during the period (hereinafter in this Article referred to as "period subject to unemployment <p> recognition") which is desired to be recognized as his/her unemployment period or makes a false report, when applying for unemployment recognition; and <p> <p>2. In case the person makes a false report on his/her reemployment activities conducted during the period subject to unemployment recognition when applying for unemployment recognition. <p> Article 81 (Return, etc., of Job-Seeking Benefits) (1) Pursuant to Articles 61 or 62 of the Act, when the head of an Employment Security Office has decided to restrict payment of job-seeking benefits, order a return of already paid job-seeking benefits or to collect an amount equivalent to the job-seeking benefits, he/she shall notify the eligible recipient(including an employer under Article 62 (2) of the Act) of this without delay. <p> - 754 - <p> (2) A person who is ordered to return his/her job-seeking benefits or pay an amount equivalent to the job-seeking benefits pursuant to paragraph (1) shall pay them within 30 days from the date on which the notification is received: Provided that in case the amount to be paid exceeds the amount determined by the Minister of Labor, the Minister of Labor may allow the installment payment at the request of the person <p> himself/herself. <p> (3) The procedure for and period of the installment payment pursuant to paragraph (2) shall be determined by the Minister of Labor. <p> Article 82 (Request for and Exceptions to Payment of Injury and Disease Benefits) <p> (1) An eligible recipient shall, in case he/she intends to request the payment of injury and disease benefits under Article 63 (1) of the Act, directly or through an agent, submit a written application for injury and disease benefits, together with his/her recipient qualification certificate and a certificate of disease, injury or childbirth to the head of the competent Employment Security Office in his/her residential area within 14 days of the date on which the reason for not to be able to work ceases to exist (within 30 days after the end of the payment period, if the payment period under Article 48 of the Act expires during the period he/she is unable to work) : Provided that in the case of a natural disaster or other inevitable reasons, they shall be submitted within seven days from the date on which the reason ceases to exist. (2) The ßÖcompensations or benefits prescribed by the Presidential Decreeß×in Article 63 (4) of the Act refer to the following compensations or benefits : <p> <p>1. Compensations for shutdown of business under subparagraph 2 of Article 3 (2) of the National <p> Compensation Act; and <p> <p>2. Compensations under Article 8 of the Act on the Honorable Treatment of and Support for Persons Killed or Wounded for Righteous Causes. <p> Article 83 (Mutatis Mutandis Application) <p> The provisions of Article 69 and Articles 75 through 81 shall apply mutatis mutandis to injury and disease benefits. In this case, the term ßÖapplication for unemployment recognitionß×in Article 69 shall be read as ßÖapplication for injury and disease benefitsß×and ßÖjob-seeking benefitsß×in Articles 75 through 81 - 755 - <p> shall be read as ßÖinjury and disease benefitsß×. Article 84 (Standards for Paying Early Reemployment Allowances) (1) The "standards prescribed by the Presidential Decree" in Article 64 (1) of the Act refer to cases where an eligible recipient falls under any of the following subparagraphs: <p>1. In case an eligible recipient is employed in a job that is deemed certain to keep him/her employed for six months or more : Provided that this shall not apply in case the eligible recipient is reemployed by an employer <p> prescribed by the Ordinance of the Ministry of Labor, who is his/her last employer or is related to the last employer, or by an employer who promised to hire <p> him/her before the date of the report of unemployment under Article 42 of the Act; and <p> <p>2. In case an eligible recipient is deemed certain to run his/her own business for profits for six months or more. This shall apply only in case the eligible recipient reports his/her preparatory activities for running the business concerned as part of his/her job-seeking activities during the benefit payment period pursuant to Article 44 (2) of the Act and is recognized as being unemployed. <p> (2) The ßÖperiod prescribed by the Presidential Decreeß×in Article 64 (2) of the Act shall be two years. <p> Article 85 (Amount of Early Reemployment Allowances) (1) The amount of the early reemployment allowances under Article 64 (3) of the Act shall be obtained in accordance with the following standards : <p> <p>1. In case the eligible recipient gets reemployed with not less than two thirds of the prescribed number of benefit payment days (hereinafter in this paragraph, referred to as "the prescribed number of benefit payment days) under Article 50 of the Act still left, an amount obtained by multiplying the daily amount of his/her job-seeking benefits by two thirds of the number of unpaid days; or <p>2. In case the eligible recipient gets reemployed with not less than one third but less than two thirds of the prescribed number of benefit payment days still left, an amount obtained by multiplying the daily amount of his/her job-seeking benefits by one half of the number of unpaid days. <p> <p>3. In case the eligible recipient gets reemployed with less than one third of the prescribed number of benefit - 756 - <p> payment days still left, an amount obtained by <p> multiplying the daily amount of his/her job-seeking benefits by one third of the number of unpaid days. (2) Notwithstanding the provisions of paragraph (1), if an eligible recipient gets reemployed in an occupation(based on the Korean Standard Occupational Classification publicly notified by the head of the National Statistical Office pursuant to Article 22 of the Statistical Act) falling under any of the following subparagraphs in a business classified as a small and medium business under Article 3 of the Framework Act on Small and Medium Enterprises in the industries announced by the Minister of Labor, such as manufacturing, construction and fishery, the amount of the early reemployment allowances shall be obtained by multiplying the daily amount of his/her job-seeking benefits by the number of unpaid days: <p> <p>1. Skilled workers and those engaged in the related skills; <p> <p>2. Those engaged in equipment or machine operation and assembling; and <p> <p>3. Those engaged in simple labor; Article 86 (Request, etc. for Early Reemployment Allowances) (1) If an eligible recipient is to receive early reemployment allowances pursuant to Article 64 of the Act, he/she shall submit a written application for early reemployment allowances, together with the documents prescribed by the Ordinance of the Ministry of Labor, such as his/her recipient qualification certificate, to the head of the competent Employment Security Office in his/her residential area. <p> (2) The written application for early reemployment allowances under paragraph (1) shall be submitted after the date on which he/she gets reemployed in a stable job or begins to run his/her own business for profit in accordance with Article 64 (1) of the Act. <p> (3) The provisions of Article 75 shall apply mutatis mutandis to the procedures for payment of early reemployment allowances. <p> Article 87 (Subsidy for Reemployment Promotion Activities) (1) The Minister of Labor may, if one of the staff of an Employment Security Office takes a measure prescribed in Article 67 so that the eligible recipient can be reemployed in a stable job with some benefit payment days left, assess his/her relevant performance and provide subsidy for reemployment - 757 - <p> promotion activities. <p> (2) Necessary matters concerning the performance assessment for the payment of the subsidy for reemployment promotion subsidy under paragraph (1), selection of those to be paid the subsidy, payment method, amount of subsidy, etc., shall be determined by the Minister of Labor. <p> Article 88 (Vocational Skills Development Allowances) (1) The vocational skills development allowances referred to in Article 65 (3) of the Act shall be paid on the day when the eligible recipient receives job training, etc., designated by the head of an Employment Security Office, and which is designated for payment of job-seeking benefits. <p> (2) The amount of the vocational skills development allowances under paragraph (1) shall be an amount determined and announced by the Minister of Labor in consideration of necessary expenses for job training, etc., such as transport and meal expenses. <p> (3) Vocational skills development allowances shall be paid on the date on which the job-seeking benefits of the eligible recipient are paid. In this case the provisions of Article 75 shall apply mutatis mutandis to the procedures for the payment of vocational skills development allowances. (4) The procedures for application for vocational skills development allowances shall be determined by the Minister of Labor. <p> Article 89 (Wide-Area Job-seeking Allowances) <p> (1) The wide-area job-seeking allowances under Article 66 (1) of the Act shall be paid if any of the following conditions is met: <p> <p>1. The expenses required for job-seeking activities shall not be paid by the employer of a business which the <p> eligible recipient visits for job-seeking activities, and even if paid, they shall be less than the amount of the wide-area job-seeking allowances; and <p> <p>2. The distance from the eligible recipientßÓs residence to the place of the business visited for job-seeking activities shall be the same as or farther than the distance prescribed by the Ordinance of the Ministry of Labor. In this case, the distance shall be measured by the usual route from the residence to the business place, and a waterway shall be considered double the actual distance. <p> (2) The procedures for application for wide-area job-seeking - 758 - <p> allowances shall be prescribed by the Ordinance of the Ministry of Labor. In this case, the provisions of Article 75 shall apply mutatis mutandis to the procedures for payment of wide-area job-seeking allowances. <p> Article 90 (Moving Allowances) <p> (1) The moving allowances prescribed in Article 67 (1) of the Act shall be paid if the eligible recipient meets all of the following conditions: <p> <p>1. The eligible recipient shall be employed or come to receive vocational training, and the head of the <p> competent Employment Security Office in his/her <p> residential area shall deem it necessary to change the residence in accordance with the standards determined by the Minister of Labor; <p> <p>2. The costs of moving the residence shall not be paid by the employer who employs the eligible recipient, and even if paid, the amount shall be less than the moving allowances; and <p> <p>3. The move shall be aimed at getting employment and the eligible recipient shall be employed on a fixed-term labor contract whose period is one year or longer. <p> (2) The procedures for application for moving allowances shall be prescribed by the Ordinance of the Ministry of Labor. In this case, the provisions of Article 75 shall apply mutatis mutandis to the procedure for payment of moving allowances. Article 91 (Fraudulent Acts Mitigating Restrictions on Payment of Employment Promotion Allowances) <p> The "reasons prescribed by the Presidential Decree" in Article 68 (2) refer to cases falling under any of the subparagraphs of Article 80. <p> Article 92 (Mutatis Mutandis Application) <p> The provisions of Article 76 (1) and (3) and Article 81 shall apply mutatis mutandis to the employment promotion allowances referred to in Articles 64 through 67. In this case, the term "job-seeking benefits" shall be read as "employment promotion allowances", "eligible recipient" as "person eligible to receive employment promotion allowances", and "amount of job-seeking benefits" as "amount of employment promotion allowances". <p> - 759 - <p> Article 93 (Entrustment of Business) <p> (1) The head of an Employment Security Office may, if it is deemed necessary, and at the request of an eligible recipient, entrust unemployment benefits-related affairs for that person to the head of another Employment Security Office. <p> CHAPTER V <p> Child-care Leave Benefits, etc. <p> Article 94 (Reasons for Extension of Application Period for Child-care Leave Benefits) <p> The ßÖcauses prescribed by the Presidential Decreeß×in the proviso of Article 70 (1) 3 of the Act refer to the following causes: <p> <p>1. Natural disasters; <p>2. Diseases or injuries of the principal or spouse; <p>3. Diseases or injuries of the lineal ascendants and descendants of the principal or his/her spouse; <p> <p>4. Mandatory military services under the Military Service Act; and <p> <p>5. Detention or execution of sentence on criminal charges Article 95 (Amount of Child-care Leave Benefits) <p> (1) The amount of the child-care leave benefits under Article 70 (2) of the Act shall be five hundred thousand won per month. <p> (2) In case of a month when the period subject to the payment of the child-care benefits referred to in paragraph (1) is less than one month, the amount shall be calculated by counting the number of days. <p> Article 96 (Report, etc on Employment during Period of Child-care Leave Benefits) <p> When an insured person makes a report on his/her <p> separation from employment or employment under Article 72 (1) of the Act, he/she shall state this in a written application for child-care leave benefits first submitted after the date of separation or employment. <p> - 760 - <p> Article 97 (Mutatis Mutandis Application) <p> The provisions of Article 81 shall apply mutatis mutandis to restrictions on the payment of child-care leave benefits paid pursuant to Article 70 (1) of the Act, an order to return them, etc. In this case, ßÖjob-seeking benefitsß×shall be read as ßÖchild-care leave benefits.ß× <p> Article 98 (Reduction of Child-care Leave Benefits) If an insured person receives money or other valuables from the employer during the child-care leave period prescribed in Article 19 of the Act on Equal Employment and Support for Work-Family Reconciliation on account of child-care leave and the sum of the average monthly amount of the money or other valuables paid during that child-care leave period and the monthly amount of child-care leave benefits exceeds the amount of his/her monthly ordinary wages calculated from the beginning date of the child-care leave, the Minister of Labor shall pay him/her an amount left after subtracting the excess amount from the child-care leave benefits. <Amended by Presidential Decree No. 20775, Apr. 30, 2008> <Enforcement Date Jun. 22, 2008> <p> Article 99 (Entrustment of Affairs for Child-care Leave Benefits) The head of an Employment Security Office may, if deemed necessary, and at the request of an insured worker, deal with affairs related to child-care leave benefits by entrusting them to the head of another Employment Security Office. <p> Article 100 (Reasons for Extension of Application Period for Maternity Leave Benefits, etc.) <p> The provisions of Article 94 shall apply mutatis mutandis to reasons for the extension of the application period for maternity leave benefits prescribed in the proviso of Article 75 (2) of the Act. <p> Article 101 (Maximum or Minimum Amount of Maternity Leave Benefits, etc.) <p> The maximum or minimum amount of the maternity <p> leave benefits, etc., to be paid to an insured person under Article 76 (2) of the Act is as follows: <Amended by Presidential Decree No. 20775, Apr. 30, 2008> <p> <p>1. Maximum amount : 4,050,000 won in case the amount of ordinary wages corresponding to 90 days of maternity leave or miscarriage or stillbirth leave exceeds 4,050,000 won : Provided that in case the period of payment of - 761 - <p> maternity leave benefits, etc., is less than 90 days, the amount shall be calculated based on the number of the leave days; and <p> <p>2. Minimum amount : an amount equivalent to ordinary wages for the period of payment of the maternity leave benefits, etc., calculated using the hourly minimum wage as the hourly ordinary wages of the worker in case the hourly ordinary wages of the worker are lower than the hourly minimum wage (hereinafter referred to as "hourly minimum wage") applied on the beginning date of <p> maternity leave or miscarriage or stillbirth leave in accordance with the Minimum Wage Act <p> Article 102 (Mutatis Mutandis Application) <p> The provisions of Article 96 shall apply mutatis mutandis to the report, etc. on employment during maternity leave or miscarriage or stillbirth leave. In this case, ßÖchild-care leave benefitsß×shall be read as ßÖmaternity leave benefits". Article 103 (Mutatis Mutandis Application) <p> The provisions of Article 81 shall apply mutatis mutandis to restrictions on the payment of maternity leave benefits, etc., paid pursuant to Article 75 of the Act, an order to return them, etc. In this case, ßÖjob-seeking benefitsß×shall be read as ßÖmaternity leave benefits.ß× <p> Article 104 (Reduction of Maternity Benefits, etc.) If an insured person receives money or other valuables equivalent to ordinary wages from the employer during the protection leave period prescribed in Article 74 of the Labor Standards Act and the sum of the amount of the money or other valuables paid by the employer and the amount of maternity leave benefits, etc., exceeds the amount of his/her ordinary wages calculated from the beginning date of the maternity leave, the Minister of Labor shall pay him/her an amount left after subtracting the excess amount from the maternity leave benefits, etc. : Provided that this shall not apply in case the ordinary wages of the insured person were raised during the protection leave and the employer paid the person the amount of difference between the increased ordinary wages and the maternity leave benefits, etc. <p> CHAPTER <p> - 762 - <p> Employment Insurance Fund <p> Article 105 (Management Business, etc., of Fund) <p> (1) The ßÖmethods to increase the fund, prescribed by the Presidential Decreeß×in Article 79 (3) 5 of the Act refer to a purchase of securities under Article 2 (1) of the Securities and Exchange Act. <p> (2) The ßÖcertain level prescribed by the Presidential Decreeß× in Article 79 (4) of the Act refers to the rate of return determined by the Minister of Labor in consideration of the interest rates for regular savings accounts with a maturity of one year (referring to the interest rates applied by banks with nationwide business areas among the financial institutions established under the Banking Act), expected price increase rates, etc. <p> Article 106 (Fund Accounting) <p> The employment insurance fund(hereinafter referred to as the ßÖfundß×) shall be accounted for according to corporate accounting principles. <p> Article 107 (Use of Fund) <p> The ßÖexpenses prescribed by the Presidential Decreeß×in subparagraph 6 of Article 80 of the Act refer to the following expenses: <p> <p>1. Expenses required for the management and operation of the insurance business; <p> <p>2. Expenses required for the management and operation of the fund; <p> <p>3. Payments made to an insurance work service agency under Article 33 of the Insurance Premium Collection Act; <p>4. Consignment fees paid for business or affairs under the Act and the Insurance Premium Collection Act; and <p>5. Contributions made to the person who executes by proxy or is entrusted with business under the Act and the Insurance Premium Collection Act. <p> Article 108 (Entrustment of Payment by Fund) <p> The Minister of Labor may execute business related to the payment of grants and subsidies from the fund, provision of loans, payment of training expenses and training allowances, or payment of unemployment benefits by entrusting the business to any of the following institutions or a postal agency: - 763 - <p> <p>1. Financial institutions approved under Article 8 of the Banking Act; <p> <p>2. The National Agricultural Cooperatives Federation under the Agricultural Cooperatives Act; <p> <p>3. The National Federation of Fishery Cooperatives under the Fishery Cooperatives Act; <p> <p>4. Mutual savings banks under the Mutual Savings Bank Act; <p> <p>5. Community credit cooperatives under the Community Credit Cooperatives Act; and <p> <p>6. Credit cooperatives under the Credit Cooperatives Act <This Article Wholly Amended by Presidential Decree No. 20775, Apr. 30, 2008> <p> Article 109 (Fund Operation Plan) <p> The fund operation plan under Article 81 (1) of the Act shall include the following matters: <p> <p>1. Matters concerning incomes and expenditures of the fund; <p>2. Matters concerning business plans, plans on actions causing expenditures and funding plans for the year concerned; <p> <p>3. Matters concerning the disposition of the funds carried over from the previous year; <p> <p>4. Matters concerning the reserve funds; and <p>5. Other matters necessary for fund operation. Article 110 (Public Announcement of Fund Operation Results) Pursuant to Article 81 (2) of the Act, the Minister of Labor shall publicly announce the results of fund operation every year in one or more special daily financial newspapers or general daily newspapers headquartered in Seoul. <p> Article 111 (Accounting Institution of Fund) <p> (1) The Minister of Labor shall appoint a fund revenue collector, fund financial officer, fund disbursement officer and fund accounting officer from among relevant public officials to carry out affairs concerning the revenues and disbursements of the fund. (2) The fund revenue collector and fund financial officer shall be in charge of contracts resulting from the management and operation of the fund, actions causing revenues and disbursements, and affairs concerning the collection and determination of fund revenues, and the fund disbursement officer and fund accounting officer shall be in charge of revenues and disbursements resulting from the management and operation of the fund. <p> (3) When the Minister of Labor has appointed a fund revenue - 764 - <p> collector, fund financial officer, fund disbursement officer and fund accounting officer, he/she shall notify the Chairman of the Board of Audit and Inspection and the Governor of the Bank of Korea of this. <p> Article 112 (Designation of Bank Responsible for Transaction) The fund disbursement officer shall designate the Bank of Korea located in the local area concerned (including its main office, branch office, agency or national agency; hereinafter the same shall apply.), or if there is no Bank of Korea located in the local area concerned, the nearest Bank of Korea as the payer of checks issued by him/her. <p> Article 113 (Procedure for Receipt of Fund Revenues) (1) If the fund revenue collector is to collect fund revenues, he/she shall notify the person responsible for the payment that the person should pay it to the fund's account in the Bank of Korea: Provided that this shall not apply in case the employer makes a voluntary payment within a set period. <p> (2) When the Bank of Korea receives fund revenues, it shall issue a receipt to the payer and send a notice of the receipt to the fund revenue collector without delay. <p> (3) The Bank of Korea shall gathered the revenues of the fund received under paragraph (2) together into the fund account established in the headquarters of the Bank of Korea according to handling procedures for national funds. Article 114 (Procedure for Disbursement from Fund) (1) When the fund financial officer executes a disbursement-causing action, he/she shall send the documents related to the disbursement-causing action to the fund disbursement officer. (2) When the fund disbursement officer disburses money from the fund due to the disbursement-causing action of the fund financial officer, he/she shall have the Bank of Korea make that payment by transferring money to the savings account in the financial institution of the creditor or a person entrusted to handle the affairs of paying national funds under the conditions prescribed by laws and regulations. (3) The amount, which has not been disbursed during the fiscal year concerned due to inevitable reasons after the fund financial officer has executed disbursement-causing actions, may be disbursed by carrying it forward to the following year. Article 115 (Prohibition of Cash Dealings) <p> - 765 - <p> The fund disbursement officer and fund accounting officer may not keep or handle cash : Provided that this shall not apply in cases prescribed in Article 22 (4) and 24 of the Management of the National Funds Act. <p> Article 116 (Assignment of Amount Limit to Fund <p> Disbursement-causing Actions) <p> (1) The Minister of Labor shall assign to each fund financial officer a limit on the amount of funds to be used for disbursement-causing actions within the scope of the quarterly plan on disbursement-causing actions under Article 109 (2). <p> (2) The Minister of Labor shall assign a limit on the amount of disbursements to each fund disbursement officer within the scope of the monthly funding plan under Article 109 (2). Article 117 (Report on State of Fund Operation) <p> (1) The fund revenue collector, the fund financial officer and the fund disbursement officer shall prepare a report on the amount of funds collected, a report on the amount of funds used for disbursement-causing actions and a report on the amount of funds disbursed, respectively, all of which are dated the last day of each month, and shall submit them to the Minister of Labor by the 20th of the following month. (2) Other necessary matters concerning the report on fund operation and management, besides the reports prescribed in paragraph (1), shall be determined by the Minister of Labor. Article 118 (Report on Settlement of Accounts of Fund) The Minister of Labor shall prepare the following documents about the settlement of accounts of the fund for each fiscal year, and shall submit them to the Minister of Strategic Planning and Finance after review at the Employment Policy Deliberation Council by the end of February of the following fiscal year : <Amended by Presidential Decree No. 20681, Feb. 29, 2008> <p> <p>1. Documents on the overview and analysis of the statements of accounts of the fund; <p> <p>2. Financial statements such as balance sheet, profit and loss statements, etc.; <p> <p>3. List of comparisons between fund operation plans and actual achievements; <p> <p>4. Statement of revenues and expenditures; and <p>5. Other documents necessary to clarify the contents of the settlement of accounts. <p> - 766 - <p> Article 119 (Receipts and Disbursements of Reserve Fund, etc.) Necessary matters concerning receipts and disbursements of the reserve fund and spare money of the fund under Article 84 of the Act shall be prescribed by the Ordinance of the Ministry of Labor. <p> Article 120 (Mutatis Mutandis Application of the State Financial Act and the Management of the National Funds Act) Matters not prescribed by the provisions of the Act or this Decree regarding the operation or management of the fund, shall be subject to the State Financial Act and the Management of the National Funds Act. <p> CHAPTER VII <p> Request for Examination and Reexamination <p> Article 121 (Qualifications of Examiner) <p> The employment insurance examiner (hereinafter referred to as ßÖthe examinerß×) under Article 89 of the Act shall be appointed from among the public officials of the Ministry of Labor who fall under any of the following subparagraphs : <p>1. A general public official of Grade 5 or higher in the Ministry of Labor or a general public official in the Senior Civil Service who has worked on affairs related to examinations or requests for re-examinations on employment insurance for one year or more; <p> <p>2. A general public official of Grade 5 or higher in the Ministry of Labor or a general public official in the Senior Civil Service who has worked in employment insurance affairs for two years or more; and <p> <p>3. Other persons who are recognized by the Minister of Labor as having the qualifications listed in paragraph (1) or (2). <p> Article 122 (Placement and Duty of Examiner) <p> (1) The examiner shall be placed in the Ministry of Labor. (2) The examiner shall be in charge of examination affairs and studying cases of requests for examination designated by the Minister of Labor. <p> Article 123 (Method of Application for Challenge) (1) An application for challenge against the examiner made pursuant to Article 89 (4) of the Act shall be made in - 767 - <p> writing with the reasons clearly indicated. <p> (2) When the Minister of Labor receives the application for challenge under paragraph (1), he/she shall make a decision within 15 days and notify the applicant of it. <p> Article 124 (Report on Succession to Status of Claimant) The person who succeeds to the status of a claimant for examination pursuant to Article 89 (5) of the Act shall report this to the examiner in writing, attaching documents proving the succession. <p> Article 125 (Method of Request for Examination) <p> (1) The following matters shall be stated in a written request for examination under Article 91 of the Act : <p>1. Name and address of the claimant; <p>2. Name of the office which has make the decision as the claimee; <p> <p>3. Contents of the decision which is the subject of the request for examination; <p> <p>4. Date of coming into knowledge of the decision; <p>5. Existence and contents of the notification regarding the request for examination by the office which has made the decision as the claimee; <p> <p>6. Purport and reasons for examination request; and <p>7. Date of the request for examination. (2) If the request for examination is instituted by a selected representative or agent, the name and address of the selected representative or agent in addition to the matters described in paragraph (1) shall be stated. <p> (3) The written documents described in paragraph (1) shall be signed and sealed by the claimant or the agent. Article 126 (Correction of Request for Examination) (1) The correction of a request for examination under Article 92 (2) of the Act shall be ordered using a written document containing the following contents: <p> <p>1. Matters to correct; <p>2. Reasons for demanding the correction; <p>3. Period of correction; and <p>4. Other necessary matters. (2) If the examiner revises a request for examination by virtue of his/her authority pursuant to the proviso of Article 92 (2) of the Act, he/she shall notify the person concerned of this. Article 127 (Notification about Suspension of Execution of Original - 768 - <p> Decisions) <p> The following matters shall be stated in a written notification about the suspension of execution under Article 93 (2) of the Act: <p> <p>1. Case name of the request for examination; <p>2. Decision subject to the suspension of execution and contents of the suspension of execution; <p> <p>3. Name and address of the claimant; <p>4. Name of the office which has made the decision as the claimee; and <p> <p>5. Reasons for the suspension of execution. Article 128 (Investigation for Review) <p> (1) An application for an investigation conducted pursuant to Article 94 (1) of the Act to review a request for examination shall be made in writing with the following matters stated: <p>1. Case name of the request for examination; <p>2. Purport and reasons of the application; <p>3. Name and address of related persons who are required to be present (restricted to the case of Article 94 (1) 1 of the Act.); <p> <p>4. Name and address of the owner or custodian of documents, and other materials required to be submitted (restricted to the case of Article 94 (1) 2 of the Act); <p>5. Matters requiring legal consultation and reasons therefor (restricted to the case of Article 94 (1) 3 of the Act); and <p>6. Workplaces and other places to enter, employers, employees and other related persons to be questioned, documents and other materials to be inspected (restricted to the case of Article 94 (1) 4 of the Act.) <p> (2) If the examiner investigates evidence pursuant to Article 94 (1) of the Act, he/she shall prepare a report on evidence. In this case, if he/she gets statements from the examination claimant or a related person under Article 94 (1) 1 of the Act, he/she shall prepare a statements protocol and annex it. (3) The following matters shall be stated in the report on evidence under paragraph (2) and the examiner shall sign and seal it: <p> <p>1. Indication of the case; <p>2. Date, time and place of the investigation; <p>3. Subject and method of the investigation; and <p>4. Result of the investigation. Article 129 (Written Decision) <p> - 769 - <p> The decision on a request for examination under Article 96 of the Act shall be made by the written verdict with the following matters stated, and this shall be signed and sealed by the examiner: <p> <p>1. Number and name of the case; <p>2. Name and address of the claimant; <p>3. Name of the office which has made the decision as the claimee; <p> <p>4. Main text; <p>5. Objectives of the request; <p>6. Reasons; and <p>7. Date of decision. Article 130 (Commission and Appointment of Appeal Committee Members) <p> (1) Among the members of the employment insurance appeal committee (hereinafter referred to as the ßÖappeal committeeß×) under Article 99 (1) of the Act, members representing workers shall be recommended by a trade union which is a national level confederation, and members representing employers shall be recommended by a nationwide employersßÓorganization, each member shall be commissioned by the President upon nomination by the Minister of Labor. <p> (2) Other members of the appeal committee, excluding members representing workers, members representing employers and ex offcio members, shall be commissioned by the President upon nomination by the Minister of Labor from among those who fall under any of the following subparagraphs: Provided that standing members shall be appointed by the President upon nomination by the Minister of Labor from among those who fall under subparagraph 3 or 4: <p> <p>1. A person licensed as a judge, a prosecutor or a lawyer; <p>2. A person who is serving or served as an assistant professor or higher position in a university under the Higher Education Act; <p> <p>3. A person who is serving or served as a public official of Grade III or higher or as a general public official in the Senior Civil Service ; <p> <p>4. A person who has engaged in labor-related work for fifteen years or more and is recognized by the Minister of Labor as a qualified person; and <p> <p>5. A person with academic knowledge and experience with social insurance or employment matters, who is <p> - 770 - <p> recognized by the Minister of Labor as a qualified person. (3) The Minister of Labor shall appoint one ex-officio member by virtue of office from among public officials of Grade III in charge of employment matters in the Ministry of Labor or general public officials in the Senior Civil Service. Article 131 (Term of Office of Members) <p> (1) The term of appeal committee members shall be three years and they may be reappointed. The term of the ex officio member under Article 130 (3) shall be the period during which he/she has been in charge of employment insurance affairs. <p> Article 132 (Treatment of Members) <p> Members other than standing members and ex officio member who attend an appeal committee meeting may be provided with allowances and travel expenses needed to perform their duties within the limits of the budget. In this case, the regulations on travel expenses for public officials shall apply mutatis mutandis to the payment of the travel expenses. Article 133 (Chairman and Vice-Chairman) <p> (1) The appeal committee shall have one chairman and one vice-chairman. <p> (2) The chairman of the appeal committee shall be appointed by the President upon nomination by the Minister of Labor from among the standing members and the <p> vice-chairman shall be elected from among the members. Article 134 (Duties) <p> (1) The chairman shall represent the appeal committee and shall oversee the affairs of the appeal committee. (2) The vice-chairman shall assist the chairman and when the chairman is unable to perform his/her duties for inevitable reasons, the vice-chairman shall act on behalf of him/her. Article 135 (Meetings) <p> (1) A meeting of the appeal committee shall be <p> composed of not more than nine persons including the chairman or vice-chairman, ex officio member and two members designated by the chairman for each meeting, each representing workers and employers. <p> (2) If the chairman of the appeal committee intends to convene a meeting, he/she shall notify in writing the time and place and agenda of the meeting to each member at least 15 - 771 - <p> days before the meeting: Provided that this shall not apply in an emergency. <p> (3) A meeting of the appeal committee shall be opened with the attendance of a majority of the members composed under paragraph (1) and shall make a decision by the concurring vote of a majority of the members present. <p> Article 136 (Assignment of Expert Members) <p> (1) The Minister of Labor may assign expert members to carry out professional surveys and research necessary for re-examination by the appeal committee as prescribed in Article 99 (8) of the Act. <Amended by Presidential Decree No. 20775, Apr. 30, 2008> <p> (2) Necessary matters concerning the qualifications, jobs and pay of expert members shall be prescribed by the <p> Ordinance of the Ministry of Labor. <Amended by Presidential Decree No. 20775, Apr. 30, 2008> <p> <Title of This Article Amended by Presidential Decree No. 20775, Apr. 30, 2008> <p> Article 137 (Notification) <p> The notification of the trial date and place under Article 101 (1) of the Act shall be given in writing, and be delivered directly or by registered mail. <p> Article 138 (Application for Closed Proceedings) <p> An application for closed proceedings under Article 101 (3) of the Act shall be made in writing with the purport and reasons stated. <p> Article 139 (Protocol of Trial) <p> (1) The following matters shall be stated in the protocol of trial under Article 101 (4): <p> <p>1. Name and number of the case; <p>2. Date, time and place of the trial; <p>3. Names of the members present; <p>4. Name of the person concerned or his/her agent; <p>5. Contents of the trial; and <p>6. Other necessary matters. (2) The protocol of trail under paragraph (1) shall have the date of its writing and shall be signed and sealed by the chairman. <p> (3) The inspection application under Article 101 (5) of the Act shall be made in writing. <p> - 772 - <p> Article 140 (Method of Request for Re-examination) (1) The request for reexamination under Article 87 of the Act shall be made using a document with the following contents: <p>1. Name and address of the claimant; <p>2. Matters prescribed in Article 125 (1) 2 through 4; <p>3. Name of the examiner who made the decision; <p>4. Date on which the decision became known; <p>5. Existence of the notification of the request for re-examination by the examiner who made the decision and contents of the notification; <p> <p>6. Purport of and reasons for the request for re-examination; and <p>7. Date of the request for re-examination. (2) If the request for re-examination is instituted by a selected representative or agent, it shall state the name and address of the selected representative or agent in addition to the matters prescribed in paragraph (1). <p> (3) The claimant or the agent shall sign and seal the documents under paragraph (1). <p> Article 141 (Written Adjudication) <p> A written adjudication on a request for re-examination shall have the following matters stated and the chairman of the appeal committee and the members who participated in the re-examination shall sign and seal it: <p> <p>1. Name and number of the case; <p>2. Name and address of the claimant; <p>3. Name of the office which has made the original decision; <p>4. Name of the examiner who made the decision on the request for examination; <p> <p>5. Main text; <p>6. Purport of the request; <p>7. Reasons; and <p>8. Date of the adjudication. Article 142 (Mutatis Mutandis Application) <p> The provisions of Articles 123, 124, and 126 through 128 shall apply mutatis mutandis to the appeal committee and reexamination. In this case, the term ßÖexaminerß×and ßÖMinister of Laborß×in Article 123 shall be read as ßÖmember of the appeal committeeß×and ßÖchairman of the appeal committeeß×, "claimant for examination" in Articles 124 and 128 as "claimant for re-examination", ßÖexaminerß×in Articles 124, 126 and 128 as ßÖchairman of the appeal committee" and ßÖrequest for - 773 - <p> examinationß×in Articles 126 through 128 as ßÖrequest for re-examination.ß× <p> CHAPTER VIII <p> Supplementary Provisions <p> Article 143 (Expenses for Diagnosis) <p> If the head of an Employment Security Office orders a diagnosis under Article 111 of the Act, he/she may pay necessary expenses for the diagnosis. <p> Article 144 (Scope of Voluntarily Insured Self-employed) (1) The "self-employed prescribed by the Presidential Decree" in Article 113 of the Act refer to self-employed employers who employ either no worker or less than five workers and have registered their business pursuant to Article 168 of the Income Tax Act or Article 5 of the Value-added Tax Act. <p> (2) If the self-employed referred to in paragraph (1) have come to employ five workers or more after subscription to the insurance, they shall be regarded as the self-employed who employ less than five workers, only in the year concerned. Article 145 (Delegation, etc., of Authorities) <p> (1) The Minister of Labor delegates his/her authority over the following matters to the head of an Employment Security Office pursuant to Article 115 of the Act: <p> <p>1. Receipt of a report on qualification for the insured under Article 15 of the Act; <p> <p>2. Receipt of a written confirmation of separation under Article 16 of the Act; <p> <p>3. Confirmation of qualification for the insured under Article 17 of the Act; <p> <p>4. Support for employment creation under Article 20 of the Act; <p> <p>5. Support for employment adjustment under Article 21 of the Act <p> <p>6. Promotion of local employment under Article 22 of the Act; <p> <p>7. Support for employment promotion for the aged, etc., under Article 23 of the Act; <p> <p>8. Support for employment security of construction workers under Article 24 of the Act; <p> <p>9. Support for vocational skills development training for - 774 - <p> employers under Article 27 of the Act; <p> <p>10. Deleted. <Presidential Decree No. 20775, Apr. 30, 2008> <p>11. Restriction, etc., of support due to fraudulent acts under Articles 35 of the Act; <p> <p>12. Payment of child-care leave benefits and restriction of their payment under Articles 70 and 73 of the Act; <p>13. Payment of maternity leave benefits, etc., and restriction of their payment under Articles 75 and 77 of the Act; <p>14. Request for reporting and submission of related documents and for presence under Article 108 of the Act (limited to cases where they are necessary to carry out delegated work); <p> <p>15. Office visit, questioning of related persons and investigation of documents under Article 109 of the Act and notification of an investigation related thereto and its results (limited to cases where they are needed to carry out delegated work); <p> <p>16. Request for the submission of materials under Article 110 of the Act (limited to cases where it is needed to carry out delegated work); <p> <p>17. Payment of reward money under Article 112 of the Act <p>18. Imposition and collection of fines for negligence under Article 117 of the Act; <p> <p>19. Receipt of a report on appointment or dismissal of an agent under Article 4; <p> <p>20. Provision of subsidy for managing employment insurance for construction workers under Article 32; <p> <p>21. Support for employment support projects under Article 36; <p> <p>22. Financial support for employment promotion facilities under Article 38 (2) (limited to employment promotion facilities under subparagraphs 2 and 3 of Article 38 (1)) ; <p> <p>23. Support for the costs of operating child-care facilities under Article 38 (4); <p> <p>24. Matters concerning the provision of subsidy for taking courses under Article 43; <p> <p>25. Matters concerning support for workers taking courses using employee skills development cards under Article 44; and <p> <p>26. Matters concerning employment training for the unemployed under Article 47. <p> (2) Pursuant to Article 115 of the Act, the Minister of Labor - 775 - <p> entrusts his/her authority over the following matters to the Korea Labor Welfare Corporation (hereinafter referred to as the ßÖKorea Labor Welfare Corporationß×) prescribed in the Industrial Accident Compensation Insurance Act : <p> <p>1. Request for reporting and submission of related documents and for presence under Article 108 of the Act (limited to cases where it is necessary for carrying out the entrusted work); <p> <p>2. Office visit, questioning of related persons, and investigation of documents pursuant to Article 109 of the Act (limited to cases where it is necessary for carrying out the entrusted work); <p> <p>3. Request for the submission of materials under Article 101 of the Act (limited to cases where it is necessary for carrying out the entrusted work); <p> <p>4. Matters concerning the implementation of support projects to promote business start-up by the long-term unemployed under Article 34; <p> <p>5. Matters concerning the provision of loans and subsidies for the costs of establishing child-care facilities under Article 38 (5) and the management and operation of the loans and subsidies. <p> (3) The Minister of Labor entrusts his/her authority over the following matters to the Human Resources Development Service of Korea pursuant to Article 115 of the Act: <p>1. Support for the costs of private-sector skills competitions among skill and technology promotion activities under Article 31 (1) 2 of the Act; <p> <p>2. Provision of vocational skills development training under Article 31 (2) of the Act; <p> <p>3. Request for reporting and submission of related documents and for presence under Article 108 of the Act (limited to cases where it is necessary for carrying out the entrusted work); <p> <p>4. Office visit, questioning of related persons and investigation of documents under Article 109 of the Act (limited to cases where it is necessary for carrying out the entrusted work); <p>5. Request for submission of materials under Article 110 of the Act (limited to cases where it is necessary for carrying out the entrusted work); <p> <p>6. Matters concerning the provision of loans for skills development expenses under Article 45; <p> - 776 - <p> <p>7. Matters concerning the provision of support for skills development expenses under Article 46; <p> <p>8. Matters concerning the provision of loans for vocational skills development training facilities under Article 48 and the management and operation of the loans; and <p> 9 Matters concerning the provision of subsidy for vocational skills development training facilities under Article 49 and the management and operation of the subsidy (excluding matters concerning subsidy decision). <p> (4) Pursuant to Article 115 of the Act, the Minister of Labor may entrust part of the authority to provide support for improvement of employment environments by small and medium enterprises under Article 15, support for improvement of employment environments for the aged, etc., under Article 37, support for costs for employment promotion facilities (limited employment promotion facilities prescribed in Article 38 (1) 5) under Article 38 (2), support for vocational skills development programs conducted in cooperation by an employer's organization, a workers' organization or a confederation of such organizations under Article 52 (1) 4, and support for local governments, etc., under Article 55 to the Korea Occupational Safety and Health Agency under the Act on Korea Occupational Safety and Health Agency, the Korea Labor Welfare Corporation, the Human Resources Development Service of Korea, the Korea Employment Promotion Agency for the Disabled (hereinafter referred to as the "Korea Employment Promotion Agency for the Disabled) under the Act on Employment Promotion and Vocational Rehabilitation for the Disabled, the Korea Labor Institute (hereinafter referred to as the "Korea Labor Institute") established pursuant to Article 8 of the Act on the Establishment, Operation and Fosterage of Government-invested Research Institutions or other relevant professional organizations or non-profit corporations determined and announced by the Minister of Labor, and the criteria for the selection of entrusted organizations, etc., shall be prescribed by the Ordinance of the Ministry of Labor. <p> (5) Pursuant to Article 115 of the Act, the Minister of Labor entrusts the authority to provide support for the diagnosis , etc., of employment management under Article 33 to the Korea Employment Promotion Agency for the Disabled or the Korea Labor Institute. <p> (6) Pursuant to Article 115 of the Act, the Minister of Labor entrusts the authority to provide support for equipment, etc., - 777 - <p> under Article 15 (6), and the following authorities relating to the provision of employment information, establishment of the foundation for employment support, etc., to the Korea Employment Information Service established pursuant to Article 33 of the Basic Employment Policy Act : <p> <p>1. Collection and analysis of employment information and provision of this information to Employment Security Offices; <p> <p>2. Research, development and distribution of vocational guidance techniques, such as vocational training and counseling; <p> <p>3. Evaluation of and support for the provision of employment information, vocational guidance and job placement services; <p> <p>4. Operation of the electronic networks for employment insurance activities among activities to establish the foundation for employment security and vocational skills development. <p> (7) The president of the Korea Labor Welfare Corporation, the president of the Human Resources Development Service of Korea and the president of the Korea Employment Promotion Agency for the Disabled shall appoint a director in charge of fund revenues and a director in charge of disbursement-causing actions from among their permanent directors, and a fund disbursement employee and a fund cashier from among their staff to carry out the work entrusted in accordance with paragraphs (2) and (5), and report this to the Minister of Labor. In this case, the duties to be performed by the person in each of these positions are as follows : <p> <p>1. Director in charge of fund revenues : duties of a fund revenue collector; <p> <p>2. Director in charge of disbursement-causing actions : duties of a fund financial officer; <p> <p>3. Fund disbursement employee : duties of a fund disbursement officer; and <p> <p>4. Fund cashier : duties of a fund accounting officer (8) The Minister of Labor shall notify the Chairman of the Board of Audit and Inspection and the Governor of the Bank of Korea of the appointment of the director in charge of fund revenues, the director in charge of disbursement-causing actions, the fund disbursement employee and the fund cashier under paragraph (7). <p> - 778 - <p> Article 146 (Imposition of Fine for Negligence) <p> (1) If the Minister of Labor is to impose a fine for negligence pursuant to Article 117 (4) of the Act, he/she shall notify the person to be imposed with the fine for negligence of the type of offense, the amount of the fine for negligence, and the payment deadline specified in writing, after investigating and confirming the offense committed. <p> (2) If the Minister of Labor is to impose a fine for negligence, he/she shall set a period of ten days or more and give the person subject to the fine the opportunity to state opinions orally or in writing (including electronic documents) within that period. In this case, if no statement is made by the set date, he/she shall be considered to have no opinion to make. <p> (3) The amount of a fine for negligence by type of offense is shown in Table 2 : Provided that the Minister of Labor may raise or reduce the amount concerned by up to half in consideration of the degree and frequency of the offense, the motive and results of the offense, etc. and in the case of raising the amount, it shall not exceed the maximum amount prescribed in Article 117 (1) through (3) of the Act. (4) The procedure for the collection of a fine for negligence shall be prescribed by the Ordinance of the Ministry of Labor. Addenda <Presidential Decree No. 20875, Jun. 25, 2008; Revision of the Enforcement Decree of the Industrial Accident Compensation Insurance Act> <p> Article 1 (Enforcement Date) <p> This Decree shall enter into force on July 1, 2008. Articles 2 through 13 Omitted. <p> Article 14 (Revision of Other Laws) <p> (1) Parts of the Enforcement Decree of the Employment Insurance Act shall be revised as follows : <p> "Article 37 of the Industrial Accident Compensation Insurance Act" in Article 71 (2) shall be changed to "Article 40 of the Industrial Accident Compensation Insurance Act". (2) through (11) Omitted. <p> Article 15 Omitted. <p> - 779 - <p> [Table 1] <p> Unemployment Periods by Category of People Entitled to Subsidy for Promoting New-hiring <p> (Relating to Article 26 (1) of the Decree) <p> Persons <p> Unemployme <p> nt period <p> <p>1. The aged under subparagraph 1 of Article 2 of the Aged Employment Promotion Act or the semi-aged <p> under Article 15 (1) of the same Act, who meet the standards determined and announced by the Minister of Labor given their incomes and unemployment <p> period <p> <p>2. Unemployed women responsible for supporting their families and prescribed by the Ordinance of the <p> Ministry of Labor <p> <p>3. The severely disabled under subparagraph 2 of Article 2 of the Act on Employment Promotion and Vocational Rehabilitation for the Disabled <p> 1 month <p> <p>4. The aged under subparagraph 1 of Article 2 of the Aged Employment Promotion Act or the semi-aged <p> under Article 15 (1) of the same Act (Those prescribed in the subparagragh 1 above shall be excluded.) <p> <p>5. Those aged 29 or under <p>6. The disabled under subparagraph 2 of Article 2 of the Act on Employment Promotion and Vocational <p> Rehabilitation for the Disabled <p> <p>7. Those able to be employed under Article 11 (2) of the National Basic Livelihood Security Act <p> 3 months <p> <p>8. Those not falling under subparagraphs 1 through 7 6 months - 780 - <p> [Table 2] <p> Imposition Criteria for Fine for Negligence by Type of Violation(relating to Article 146 (3) of the Decree) (Unit : 10,000 won) <p> Violations <p> Provisions <p> Concerned <p> Amount of Fine <p> for Negligence <p> <p>1. Cases of failing to report or making a false report in violation of Article 13 of the Act <p> A. Failing to notify or making a false <p> notification habitually <p> B. Failing to notify or making a false <p> notification intentionally <p> C. Other cases including being negligent in <p> notifying <p> Subparagraph 1 <p> of Article 86(1) <p> of the Act 300 <p> 200 <p> 100 <p> <p>2. Cases of failing to make a report or making a false report on the estimated premium <p> under Article 60 of the Act or the final <p> premium under Article 61 of the Act <p> A. Failing to report or making a false <p> report habitually <p> B. Failing to report or making a false <p> report intentionally <p> C. Other cases including being negligent in <p> reporting <p> Subparagraph 2 <p> of Article 86(1) <p> of the Act <p> 300 <p> 200 <p> 100 <p> <p>3. Cases of failing to make a report or making a false report or failing to submit document <p> or submitting a false document in violation <p> of Article 80(1) of the Act <p> A. Failing to report or to submit document <p> or making a false report or submitting <p> a false document habitually <p> B. Failing to report or to submit document <p> or making a false report or submitting <p> a false document intentionally <p> C. Other cases including failing to report <p> or to submit document <p> Subparagraph 4 <p> of Article 86(1) <p> of the Act <p> 300 <p> 200 <p> 100 <p> <p>4. Cases of refusing to issue a certificate in violation of Article 80(2) of the Act <p> A. Avoiding issuing or refusing to issue a <p> certificate habitually <p> Subparagraph 5 <p> of Article 86(1) <p> of the Act 300 <p> - 781 - <p> Violations <p> Provisions <p> Concerned <p> Amount of Fine <p> for Negligence <p> B. Avoiding issuing or refusing to issue a <p> certificate intentionally <p> C. Other cases including avoiding issuing <p> or refusing to issue a certificate <p> 200 <p> 100 <p> <p>5. Cases of failing to reply to questions, making a false statement or refusing, obstructing <p> or evading the investigation under Article <p> 81(1) of the Act <p> A. Refusing to answer, making a false <p> statement or refusing, obstructing or <p> evading the investigation habitually <p> B. Refusing to answer, making a false <p> statement or refusing, obstructing or <p> evading the investigation intentionally <p> C. Other cases including refusing to answer <p> or refusing, obstructing or evading the <p> investigation <p> Subparagraph 6 <p> of Article 86(1) <p> of the Act <p> 300 <p> 200 <p> 100 <p> <p>6. Cases of failing to report or making a false report or failing to submit a document or <p> submitting a false document or failing to <p> be present in violation of Article 80(3) of <p> the Act <p> A. Refusing to report, to submit a document <p> and to be present or avoiding them <p> habitually or making a false report or <p> submitting a false document habitually <p> B. Refusing to report, to submit documents <p> or to be present or avoiding them, or <p> making a false report or submitting a <p> false document intentionally <p> C. Other cases including refusing or evading <p> the report, the submission of documents <p> or the presence <p> Subparagraph 1 <p> of Article 86(2) <p> of the Act <p> 100 <p> 50 <p> 30 <p> <p>7. Cases of failing to reply to question, making a false statement or refusing, obstructing <p> or evading the investigation under Article <p> 81(1) of the Act <p> A. Refusing to answer, making a false <p> statement or obstructing the investigation <p> habitually <p> Subparagraph 2 <p> of Article 86(2) <p> of the Act <p> 100 <p> - 782 - <p> Violations <p> Provisions <p> Concerned <p> Amount of Fine <p> for Negligence <p> B. Refusing to answer, making a false <p> statement or obstructing the investigation <p> intentionally <p> C. Other cases including refusing to answer, <p> or refusing or evading the investigation <p> 50 <p> 30 <p> <p>8. Cases of failing to reply to the questions of the examiner or the appeal committee <p> examining or reexamining the request <p> submitted under Article 74 of the Act or <p> giving a false answer or refusing, obstructing <p> or evading the investigation <p> A. Refusing to answer, making a false <p> statement or obstructing the investigation <p> intentionally <p> B. Other cases including refusing to answer <p> or refusing, evading the investigation <p> Article86(3) of <p> the Act <p> 100 <p> 50 <p> <!--sino noindex--> <!--make_database footer start--> <p class="make-database"></p> <hr class="make-database"> <small class="make-database"> <p class="make-database"> <b class="make-database"> AsianLII: </b> <a href="/asianlii/copyright.html" class="make-database">Copyright Policy</a> <b class="make-database">|</b> <a href="/asianlii/disclaimers.html" class="make-database">Disclaimers</a> <b class="make-database">|</b> <a href="/asianlii/privacy.html" class="make-database">Privacy Policy</a> <b class="make-database">|</b> <a href="/asianlii/feedback.html" class="make-database">Feedback</a><br> URL: <i class="make-database">http://www.asianlii.org/kr/legis/laws/edoteia434</i><br> </p> </small> </body> </html>