Beruflich Dokumente
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kr/english
Employment Insurance
White Paper 2009
Introduction to the Employment Insurance Plan
of the Republic of Korea
Ministry of Labor
Republic of Korea
Opening Message
The Employment Insurance Plan of Korea has been enforced since 1995.
Unlike other countries that provide the jobless with passive unemployment
benefits, the Employment Insurance Plan of Korea not only supports job skills
development of workers, provides various subsidies and allowances for
employment retention and supplies information on employment, but also plays
a critical role as a key to implement active labor market policy.
The plan is one of the most important tools of labor policies. It prevents
unemployment, encourages the vulnerable and the jobless to stay in the labor
market and supports human resources development of companies. Korea
could recover from massive unemployment following the financial crisis of 1997
very soon thanks to the plan, and the country is weathering the global recession
of recent with the plan.
So far, we have been asked by officials and experts from other countries to
offer information on the labor policy of Korea, especially, on the Employment
Insurance Plan. To answer the requests, some part of the Employment
Insurance White Paper 2009, which is originally written in Korean, is now being
published in English.
Employment Insurance White Paper 2009
November 2009
Lee, Chae-pil
PART
INTRODUCTION TO THE EMPLOYMENT INSURANCE
PLAN OF THE REPUBLIC OF KOREA
SECTION I. THE PURPOSE AND FUNCTION OF THE
EMPLOYMENT INSURANCE PLAN ……………………… 12
Chapter 1. THE PURPOSE OF THE EMPLOYMENT
INSURANCE PLAN …………………………………………… 12
PART
EMPLOYMENT INSURANCE PLAN
SECTION I. JOB STABILIZATION PLAN ………………………………… 34
Chapter 1. OVERVIEW ……………………………………………………… 34
1. Purpose and Background ………………………………………………… 34
2. History …………………………………………………………………… 36
3. Results …………………………………………………………………… 37
Chapter 2. JOB CREATION ASSISTANCE ………………………………… 40
1. History and Purpose ……………………………………………………… 40
2. Programs ………………………………………………………………… 40
3. Result and Evaluation …………………………………………………… 41
Chapter 3. SUBSIDY TO ASSIST JOB ADJUSTMENT ………………… 43
1. Overview of the Plan …………………………………………………… 43
2. Subsidy for Keeping Jobs ……………………………………………… 46
3. Subsidy to Encourage Job Change ……………………………………… 62
4. Subsidy to Encourage Re-Employement ………………………………… 66
Chapter 4. SUBSIDY TO ENCOURAGE EMPLOYMENT ……………… 67
1. Purpose …………………………………………………………………… 67
2. Contents of the Plan ……………………………………………………… 69
3. Subsidy to Encourage Employment of the Aged………………………… 69
4. Allowance to Supplement the Peak Wage Plan ………………………… 75
5. Subsidy to Promote Childcare Leave …………………………………… 77
6. Subsidy to Encourage Employment of the People Completing
the Training for Middle and Upper Middle Aged Workers ……………… 80
7. Subsidy to Encourage New Employment ……………………………… 81
Contents
) ……………………………… 134
Chapter 4. EXTENDED PAYMENT “EP”
(
) ……………………………… 134
1. Payment Extended for Training “PET”
(
) ………………………………… 136
2. Individual Extended Benefit “IEB”
(
) … 137
Chapter 5. ALLOWANCE TO PROMOTE EMPLOYMENT “APE”
(
) …………………………… 137
1. Early Re-Employment Allowance “ERA”
(
) …………………… 138
2. Job Capability Development Allowance “JCDA”
(
) ……………… 139
3. Allowance for Seeking Job in Remote Place “ASJRP”
(
) …………………………………………… 140
4. Moving Allowance “MA”
(
Appendix
1. Statistics on Employment Insurance Plan of Korea ………… 170
2. Projects & project managers of Employment
Insurance Plan………………………………………………………… 173
www.molab.go.kr/english
Chapter 1
THE PURPOSE OF THE EMPLOYMENT
INSURANCE PLAN
EI goes one step further than UI. UI simply supports livelihood of the workers who
have lost their jobs. It’s a passive medium as it helps people only after they have lost
their jobs. EI is positive and preemptive comparing to UI. EI is one of the measures in
Korea for a comprehensive labor market policy that has programs to:
assist the workers who lost their jobs with their livelihood;
assist the workers who lost their jobs to find new jobs;
prevent workers from losing jobs;
advance security of jobs;
restructure the labor market;
improve the workers’ job performance capabilities.
Workers in the capitalist society provide their labor to the employer and sustain
themselves with the remuneration they receive in return. When a worker loses his/her
job, it causes loss of livelihood for the worker and his/her family. Loss of job for a
worker has the same impact on his or her living as those of an injury, sickness,
ageing, and death.
From the perspective of the national economy, the increase of unemployment cut
consumer demand as the purchasing power of the worker and his/her family members
reduces, and this in turn decrease production and employment and expands the
unemployment so as to disrupt the national economy. For such reasons, securing job
stability and achieving full employment are important goals of national economic
Appendix
JSP includes Job Creation Program “ ( JCP”), Job Adjustment Support Program
“JASP”
( ), and Program for Promotion of Employment of the Disadvantaged “PPED”
( ).
PPED is for the aged and women who are at disadvantage in the labor market.
JCDP provides various benefits to the employers who carry out trainings and
educations for their employees to improve their work performance capability. Its goal
is to give the employers the incentive to provide training and education to their
employees at work. It is expected that JCDP will increase labor productivity, workers’
wage level, and the competitiveness of businesses. It is also expected that JCDP will
make the work place not only a place to work but also a place to learn to improve
Appendix
Chapter 2 APPLICATION
1. Work Places
EI applies to all work places in principle. However, work places or businesses of a certain
size are exempted by Regulations. However they also can join the program if more than
half of the employees working for concerned business agree to join the program.
The programs were revised a few times to cover more businesses and work places.
From 1 January 1998 the UI was extended to cover businesses and work places with
10 or more permanent employees, reducing the number of employees to be covered
by the Act from 30, and JSP and JCDP to 50 from 70. The UI had extended again to
businesses and work places with 5 or more permanent employees from 10 or more
permanent employees.
JSP and JCDP were extended to businesses and work places with 5 or more from 50
or more permanent employees from 1 July in the same year, then again to all work
places with 1 or more employee from 1 October in the same year.
Further, the EI had been extended to incorporated businesses in the agriculture,
forestry, fishery, and hunting sectors with 5 or less employees, and to construction
The Act prescribed that workers who work in the businesses and work places that
The EI has been extended to daily workers and new employees over the age of 60 (up
to 64), and more workers on hourly rate are subject to the program. From 1 January
2006, JSP and PWDW programs (UI excluded) apply to workers over the age of 65.
Appendix
Workers working in the projects being undertaken by central or local government for
the purpose of providing jobs temporarily to the unemployed used to be excluded from
the EI coverage, but now they are also covered from 1 January 2004 based on the
amendment of the Employment Insurance Regulations “EIR”
( ) in December 2002.
D. Foreigners
The Immigration Law of Korea does not allow foreigners who do not hold certain permit
or visa to work in Korea. Therefore, EI does not apply to illegal migrant workers.
Chapter 3 ADMINISTRATION
The EI program is administered by the Minister of Labor to provide administrative support as:
close cooperation and coordination with other government agencies are required
because the program is close related to the promotion of industrial restructuring
and improvement of employment structure;
1) The Department of Labor was re-structured on 1 May 2009. The job of application and premium collection of EI
was transferred from Occupational Safety and Health Bureau (Industrial Accident Compensation Insurance
Division) to Industrial Accident Compensation Insurance Division in the Labor Standard Bureau.
When the EIA was first promulgated, JSP was divided and managed by two separate
parts. They are JASP and PPED. The purpose of JASP is to prevent unemployment
and to pay subsidies for employment suspension allowance, for re-allocation of
human resources, and for job transfer training.
PPED has the goal of promoting employment of idle human resources such as the
aged and women, and pays Subsidy for Promotion of Regional Employment, for
Promotion of the aged and others, and for Employment Promotion Facilities.
There have been a number of changes since then. JSP is now comprised of JASP,
PPED, and JCP which started in 2004.
JASP intends to prevent job adjustment/employment adjustment by companies and, to
support the worker who lost job as a consequence of the adjustment find another job.
Subsidy for Employment Maintenance, Subsidy for Job Transfer belongs to JASP.
Subsidy for Employment Retention is paid to employers who retain the employees
who were to be dismissed due to adjustment through suspension of business,
provision of leave, reallocation of the employees, provision of training to the
employees. It pays 2/3~3/4 of the wage paid to the workers and the costs of training
within 180 days of an Insurance Year(1 year in case of reallocation of the employees).
Subsidy for job transfer is provided to the employer who has to go through
adjustment for management reasons and supports their employees who leave their
jobs due to employment adjustment, retirement, or expiration of labor contract
promptly find another job. The subsidy pays 2/3~all of the cost spent within 12
months (300 million won per person at maximum).
Subsidy for Employment Promotion of the Aged aims to support job security and
employment promotion of the aged who are in special difficulties to find a job in the
more employees) when a business that had set the retirement age at 57 continues to
employ or reemploys him/her who had worked in the place for 18 months or more
and is over the retirement age within 3 months from retirement. Subsidy for Childcare
Leave is a program to have female worker take a childcare leave. It pays 200,000 won
per person during childcare leave, and 300,000 won per person per month(200,000
won for large companies) if the employer hires a substitute.
Compensation Allowance for Wage Peak System was established in 2006. It is given
to the employees over the age of 54 who had worked for 18 months or more for a
company that introduced the Wage Peak System. More specifically, when the wage of
concerned employee is reduced by 10% or more, the amount up to 1.5 million won
per quarter computed by multiplying 50/100 to the difference between their peak
wages and their wages of the current year is paid.
Subsidy for continuing employment after childbirth provides the employer
who renews labor contracts for 1 year or longer with the worker whose
employment/dispatch period had expired while she was on childbirth (miscarriage,
dead birth) leave or in pregnancy of 34 weeks or more with 400,000~600,000 won
monthly, for 6 months.
Subsidy to SMEs for Reducing Working Hours is provided to the prior target
businesses, which have adopted 40 working hours per week program early and
increased the number of employees. A total of 1.8 million Won per person per quarter
until a law setting 40 working hours per week is promulgated as legal standard.
Subsidy for Changing into Shift Work Plan pays the employer who adopted shift
work plan or changed the shift work plan by increasing the shift units (up to 4 shifts)
of the costs of Converting the use of Facilities and costs of tools and equipments
differently according to the recipient (costs of converting the use of facilities: up to
100 million Won to an individual owner; up to 200 million to an organization, Costs
of tools and equipments up to 50 million Won). A total of 800,000 Won per month is
paid as the Subsidy for the wage of the childcare teachers, head of facility, and the
cooks while the childcare facility is operating.
When the EI was introduced in 1995 a dual operation system for JCDP had been
operating. JCDP applied to all work places employing 70 or more permanent
Support for business owners is a program assisting business owners with the cost of
provision of JCDT for their employees. Support for business owners has traditional
programs such as Subsidy for JCDT and Subsidy for Paid Training Leave, and
programs specialized for SMEs such as SMEs training consortium, SMEs core job
The program to develop workers job performance capability was introduced for direct
support for vulnerable workers who are suffering from lack of chances to develop
their capabilities under the old job capability development program which had the
business owners as the intermediary medium.
There is a need to raise and supply human resources for strategically important
industries that lay the foundation of national competitiveness or the industries that
suffer from lack of supply of human resources because job seekers are reluctant to
work for them. Such industries are designated as‘priority selection vocations’and
the EI program raise and supply human resources for the industries.
The government carried out Job Capability Development Account Program as a pilot
program in Daegu and Gwangju from 22 September 2008 to March 2009. The
program was designed to discard government regulation-oriented job capability
development training programs and to support user-focused autonomous job
capability development. Job Capability Development Account Program is operated in
the following manner: The government provides a trainee with certain amount of
money, then the trainee determines the program he or she would take with the training
allowance, using the information and consultation provided by the government. The
program introduced market principle of competition(among training institutions) and
choice(of the trainee) to the unemployed. The government is going to expand the pilot
program nationwide, and then, after assessment, to the employees of SMEs gradually.
“Unemployed”under the EI refers to people who are not employed despite their will
However, the EIA was amended in order to extend the benefit, and as a result, the unit
period of joining the insurance plan have become 180 days and the prescribed days of
insurance payment has been expanded to 90~240 days.
Furthermore, before, when 10 months have passed since the date of leaving the job,
the UB was not paid afterwards, regardless of prescribed time period, however, now
12 months instead of 10 months have to pass. The unit period of joining the insurance
plan used be nullified once the unemployed was entitled to receive the UB, but it is
now being maintained regardless of whether or not the concerned beneficiary had
received the UB or not by the amendment to the EIA on 31 December 2008.
UB is extended by 60 days for those recipients who are particularly having difficulties
in getting a job and in dire living conditions. The UB may be paid up to 2 years in
case the recipient;
needs job capability development training in order to be reemployed considering
his/her age and work experience,
actually receives job training upon the instruction of the head of a job
stabilization institution while the recipient is attending the job training program.
The amount of extended benefit for job training attendants who are taking the training
to revitalize the company increased to 100% from 70% of the normal job search
allowance daily payment amount.
The UB for 1 day (job search allowance daily payment amount) is 50% of the average
wage (base daily wage amount) before job transfer.
Base daily wage is 80,000 Won even if the calculated base daily wage exceeds
80,000,000 Won.(it was reduced to 60,000 from 70,000 when the plan first
promulgated, and then increased to 70,000 won, and again to 80,000 won from 1
January 2006).
On top of UB, a plan that provides childcare leave payments and child birth leave
payments has been in place since November 2001. Childcare leave payments is paid
to a person who has joined the EI for more than 6 months and takes a childcare leave
Different countries take different approaches to the issue of who shall bear the cost of
the EI or the UI. The business owner is responsible for the whole cost in the US but in
most other countries such as Germany, France, Japan, the owner and the labor share
the costs fairly.
The job stabilization program and the job capability development program merged
into the job stabilization and job capability development program, and its insurance
rate was between 0.25%~0.85% of total wage.
The employer reports and pays the individually estimated amount of the EI premium
for the relevant year as calculated by multiplying estimated total wage to the
insurance rate by March 31st in every insurance year, then calculate and report the
confirmed insurance premium as calculated by multiplying the wage actually paid to the
insurance rate by March 31st in the next insurance year and make an adjustment. The
employer pays all insurance premiums including the employees’ share altogether at once
and later deducts the employee’s his or her wage at the time of payment of the wage.
This manner of dealing with objections is not unique to the EI but generally applied in
other social insurance plans.
it is not effective to seek remedy for the person who appealed through ordinary
court procedure which takes money and time since the concerned person is
usually unemployed;
as the decision being appealed is usually made publicly and has features of
specialized and skilled area;
Appendix
Chapter 1 OVERVIEW
The purpose of the job creation assistance program is to provide assistance to the
businesses that have created jobs through reduction of working hours and/or transition
into the shift work system.
The EIA prescribes in section 21 subsection 1“the Minister of Labor shall carry out
Job Security Programs in order to assist the businesses owners, who has to carry out
job adjustment because his or her business is to be downsized, closed, or transformed
as a result of economic fluctuation, the change in the industrial structure, to provide job
capability development training or relocation of human resources, or other job security
of workers,”and illustrates actual means of such job security plan in sections from 20 to 26.
When the EIA was first promulgated on 1 July 1995, the JSP comprised of Subsidy
for Leave Payments, Subsidy for Human Resources Relocation, Subsidy for Job
Change Training, Subsidy for Promotion of Employment, Subsidy for Promotion of
Employment of the Aged, and Subsidy of Childbirth Leave Payments. However, since
the programs have been merged, simplified and expanded, there now are Subsidy for
Maintaining Employment, Subsidy for Supporting Job Change, Subsidy for
Re-employment, Subsidy for Promotion of Employment of the Aged, Subsidy for
Promotion of New Employment, and Subsidy of Childbirth Leave Payments. These
programs are being operated as shown in Table -1-1 below.
Subsidy to SME for utilizing workers with special skills (Regulation 16)
Subsidy for childbirth and other leaves and Subsidy for employing
substitute workers (Regulation 30)
* Plans abolished in the year 2009: Subsidy to SME venturing into a new business area, Subsidy for
Re-employment, Subsidy for Employing those who completed job training for middle and the aged
845.6 billion Won in year 2007 upon activation of the Subsidy for Job Stabilization,
increasing by 62.5% increase compared to the previous year; and 825.8 billion Won
recording 23.4% reduction compared to the previous year as a consequence of
expanding the requirements for the Subsidy for Promotion of New Employment
application.
Amount of Expenditure
Program
1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008
Total 85.2 122.44 1,098.7 1,975.0 1,257 1,471 1,179 1,127 1,410 2,677 6,082 8,456 8,258
Subsidy for 0.2 0.4 742.2 794.3 293.9 559.7 327 274 320 309 336 325 306
keeping jobs
Subsidy to encourage
— — 58.7 751.8 407.8 202.3 14 0.1 — — — — —
employment
Subsidy to encourage
— — — 5.2 14.2 7.6 5 7 3 8 9 9 7
re-employment
Subsidies to trainings
(to start new business∙
— 0.04 3 — — — — — — — — — —
to adapt to his/ her job∙
to get a new job)
Promoting employment
65 90 121.7 254.5 367.5 416.2 400 462 413 340 360 409 481
of old people
Promoting employment
— — — 0.5 3.6 29.5 72 52 60 — — — —
of long time job seeker
Promoting employment
14 20 23.7 15.4 23.5 38.2 41 61 76 72 98 124 184
of woman
Subsidy to encourage
— — — — — — — — 8 840 1,721 2,187 1,434
new employment
Subsidy to encourage
use of workers with — — — — — — — — — 92 385 549 419
special knowledge or skill
Other 6 12 149.4 153.3 146.2 216.6 316 265 499 880 3,006 4,715 5,362
* Subsidies to trainings to start new business, to adapt to his/her job, and to get a new job was abolished on 1 July
1998.
* Subsidy to encourage employment was abolished on 1 July 2001.
* Subsidy to promote employment of long time job seeker was replaced by Subsidy to encourage new employment
on 1 October 2004.
Total 117,944 100.0 112,705 100.0 140,995 100.0 267,684 100.0 608,181 100.0 988,236 100.0 825,778 100.0
12,000
10,000
9,062
8,000 8,258
6,802
6,000
Appendix
4,000
2,677
1,975
2,000 1,257 1,471 1,179 1,127
1,099
65 122 1,410
0
1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008
2. Programs
Other programs under the JCP started in October 2004. However, actual payments
began to be made from 2005 using the intervening period for such works as receiving
applications and making evaluations. The payment made in 2005 was not significant
because the programs were not widely known as it was the first year, but has
increased rapidly from year 2006 as more business owners became aware of them.
The JSP plays a great role as one of important labor market policies with the
introduction of the JCAP.
The change in global market draws more attention to the job adjustment among the
approach comprises of means reducing the number of employees and means reducing
working hours. By reducing the number of employees, it can reduce new
employment, taking application for voluntary retirement, redundancy. Means
reducing working hours include restricting overtime working and temporary closing
down of the business. Quantitative adjustment uses relocation of human resources
such as relocation within the business and/or detachment. (refer to Table Ⅰ-3-1)
I. Quantitative approach
1. Adjusting working hours
① Overtime work --------------- Restrict overtime work
② Normal working hours ------ Temporary closing down, more holidays
Job adjustment refers to the measures a business takes regarding the workers who
became redundant either reduce turn over caused by downturn or by introducing a
new technology and/or new machines into the business. The means includes: reducing
normal employees; reducing working hours; relocation; using more non-regular
employees such as temporary worker (or contract based worker), part time worker, or
deployed worker; and adopting diverse ways of production including petit-boss
system, outsourcing, and sub-contracting. The details of such job adjustment means
are as follows:
Relocation - one manner of changing positions of the employees in the business. The
Temporary closing down - ceasing operation of the business for a while for such
reasons as economic downturn. The contract is maintained and the parties suppose
returning to the work in the future.
Petit Proprietor - a petit proprietor in the narrow term means a person who used to
work in the work place as an employee would take over a production line or a part of
the production process and manages it as his/her own. The mother company leases the
equipment and provides material to the petit proprietor. The mother company also
provides such services as tax reporting, accounting, and contacting government
agencies so that the petit proprietor may concentrate on the production work. This is a
Appendix
form of production by sub-contract in the same work place. A petit proprietor in the
wide term includes the above explained and other small unit production methods
being widely adopted by businesses, big corporations in particular, including venture
capital, same business but separate accounts operation, co-op businesses by former
employees, production by sub-contract in the same work place, incorporation of a
division as a separate business entity.
■ Business suspension
Requirements
- The business owner must, in order to receive the subsidy;
prepare, in consultation with representative of the workers, a plan to maintain
Procedure
- The business owner who wants to receive the subsidy shall fill out the application on
Appendix
monthly basis commencing from the next month after suspending the business.
■ Job training
Requirements
- The training must be suitable for keeping jobs.
The curricula must be designed to assist job change, improving job capability, and
adapting to a new job
- The education facilities must be separated from the work place and the education
must be conducted within normal working hours. The trainee should not be working
during the education period.
- Total training hours must exceed 4 hours per day, 20 hours in total
- The business may carry out the training by itself or delegate the trainees to job
training/education centers designated by the Minister of Labor;
- The business owner must prepare a plan to maintain employment(training) and
submit the plan to the local labor department office before commencing the
training/education
Procedure
- The business owner who wants to receive the subsidy shall fill out the application on
monthly basis from one month after the training started.
■ Giving leaves
Requirements
- The business gives its employee(s) paid or unpaid leave of absence for more than 1
month.
* It is okay to provide training to the workers on leave.
- The business shall prepare, in consultation with representative of the workers, a plan
and submit the plan to the local labor department office before the leave starts.
Requirements
- The employer shall install new machines and equipments or renovate existing ones,
changes to a new business area, and deploy more than 60% of his/her existing
prescribed period it shall be regarded to have been completed by the end of the period.
The subsidy for keeping jobs are paid to the employers who took such measures as
business suspension, job training, and giving leave in order to retain the employees up to
180 days including the day the measure was taken.
* It is possible to implement 2 more job keeping measures concurrently. The day when more
than 1 measure was taken shall be computed as 1 day.
1) Early days
When the plan was first employed, it only had subsidies for business suspension, for
relocation of human resources, and for training to change jobs only.
Further, the plan being practiced at the time was not good enough to meet the request
of the time when dismissal in a large scale was expected as a big structural adjustment
was taking place upon announcement of names of the companies to be liquidated and
of the banks to be closed down, and big deal for business swap came into sight. There
was also criticism of the plan saying that it had too many programs so that people
were perplexed and the volume of the assistance was not big enough.
A. Merging the programs under the plan to assist job keeping into one and create a new
Before After
Appendix
Further, for year 1999 only the period of the subsidy payment to keep jobs may be
extended up to 6 months when the Minister of Labor acknowledges that such
extension is necessary.
B. Subsidies are paid to the employers providing job training to the employees who take leave
The employers who provide job trainings to his or her employees while they are on
unpaid leave are to receive subsidy for the costs relating to the trainings and for the
allowances he or she is paying to the employee/trainee in the amount of 70% of the
minimum wage and monthly travel allowance of 30,000 Won per person.
C. The business owners who employ woman household heads who have family
members to support are to be assisted.
The business owner who gives a job to an unemployed woman who has registered to job
center to find a job and who, whether she is the family head or not, has family members
to support shall be subsidized 1/2 (1/3 for big corporation) of the wage paid to her for a
period of 6 months.
As subsidy for keeping job payment under the current plan is limited up to 6 months,
unless the economic conditions turns around, it is difficult to keep the employment which
was the purpose of the subsidy. As a temporary measure to address the problem, for year
The change this time was oriented to regroup the programs in accordance with their
characters so as to construct an efficient system of job adjustment assist plan.
* The business owners who carry out a program under the plan during the first half of year
1999 shall receive assistance for extended period of 200 days.
Requirements
Subsidy amount
Subsidies to encourage new employment of the aged, long time job seekers, and woman
household heads are limited to 900,000 Won per month at the maximum.
The person who receives the subsidy by provision of false information or by wrong
means shall not only return the subsidy he or she received but also pay penalty in the
sum equivalent to the amount as the money he or she received.
* This rule shall be applied to the person who received the subsidy by wrongful means after 1 April
Important changes to the subsidy to encourage employment of long time job seekers
and/or the aged people
Tightening the qualification - Employ more than 1 aged - Employ the aged as insured
requirements for subsidy to worker persons under the EI and
encourage new employment who are being unemployed
Subsidy to encourage - woman household head: - 500,000 Won per month for a
employment of woman 1/2~1/3 of the wages paid period of 6 months
- re-employment: payment - 300,000 Won per month for a
of 1.2~2.0 million Won for period of 6 months
once - 200,000 Won per month
- Child care leave: 150,000
Won per month (big
corporations: 120,000 Won)
The institutions introducing jobs to long time job seekers are expanded so as to be the
same as those under the Subsidy to encourage re-employment which includes the
Human Resources Development Service in Korea and the Korea Employment
Promotion Agency for the Disabled.
The grounds of paying wages to the teachers of work place child care centers are
established and the requirements for such support are clarified. The matters related to
assist the work place child care center used to be prescribed but now changed to be
governed by a bylaw. The number of children of the insured by the EI at the end of
each quarter is used as the basis of calculating the amount of the payment.
The penalty for wrongful conducts is reduced. The amount of penalty is from now on
100/100 of the amount of the subsidies the business owner have received by using
false information or other wrongful means.
D. Results
Distinction 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008
Number of
2 3 5 4,220 7,126 3,466 8,027 4,176 4,590 4,629 4,519 4,434 4,425 4,274
payment
Number of
- - 471 654,375 370,831 148,499 257,431 152,384 119,127 104,124 97,962 92,545 84,856 88,012
recipients
Amount paid 6 16 42 74,223 79,427 29,399 55,977 32,729 27,388 32,047 30,919 33,565 32,533 30,642
Distinction 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008
Total 74,223 79,427 29,399 55,977 32,729 27,388 32,046 30,919 33,565 32,533 30,642
Business suspension 53,331 47,373 21,837 32,234 19,904 21,138 23,760 25,110 23,854 24,580 24,545
Training 15,668 16,480 3,492 12,836 7,122 2,945 2,901 2,292 2,514 2,686 1,644
Working hours
reduction 566 717 74 185 14 81 65 - - - -
Leave 3,372 13,023 3,251 9,973 5,191 3,015 5,303 3,411 7,105 4,825 4,036
Outside deployment 802 1,118 92 15 - - - - - - -
Relocation of human
resources 484 394 453 547 404 209 17 106 92 442 417
* Employee taking over: applied until December 2001, Working hour reduction: abolished in February 2004,
Outside deployment: abolished in December 2000, change of shift plan: applied up to December 2007
② There shall be a consultation between the labor and the management regarding the
service to assist change of jobs.
③ The business owner shall prepare a plan to assist job change, and carry out the
Appendix
plan.
④ The business must be equipped with separate facilities to assist the job change.
* The facilities shall be prepared by the business owner in case he/she provides the assistance
service, and by the institution when the service is delegated to the institution.
⑤ The plan shall provide the service to assist job change as prescribed by the
Regulations made by the Ministry of Labor.
F. Application procedure
Submit the plan for the service - approval - carry out the service - apply for subsidy -
payment
G. Results
The subsidy for the service to assist job change was paid 1.4 billion Won in year
2004, 1.5 billion Won in year 2005, 1.5 billion Won in year 2006, 2.4 billion Won in
year 2007, and 1.5 billion Won in year 2008.
[Table -3-7] Annual subsidy payments under the job change assistance program
Appendix
Cases 5 21 16 31 28 38 21 29
Number of participants 679 7,408 583 2,696 1,440 1,845 1,875 1,482
② This program does not regard part time employment or fixed term employment as
re-employment.
* However, in case of re-employing a person who was a recipient of the subsidy in the same work
place within the last 2 years, the business owner who dismissed his/her employer(s) between 3
months prior and 6 months after the re-employment shall be excluded from the assistance.
2) Payment Amount
The subsidy amount under this program is 400,000 Won (300,000 Won for big
corporations) per each re-employed workers for 6 months.
3) Procedure
The person who wants to receive the subsidy must fill out application monthly or
quarterly by submitting an application on the prescribed form together with the wage
payment record.
Distinction 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008
Cases 95 461 277 191 141 154 1,556 1,789 1,741 1,169
Number of participants 268 746 394 270 408 175 1,867 2,260 2,084 1,704
Amount paid 517 1,423 766 506 734 330 770 890 821 696
* The application term was changed in June 2007 from monthly to monthly or quarterly.
1. Purpose
A. Increasing use of human resources in the aging society
Businesses in an era of declining work force need active rationalization in order to
improve their productivity and management effectiveness. As, since it is expected that
the productive population is going to decrease from 2016 and the total population
from 2020, businesses must increase their competitiveness by actively utilizing the
Appendix
A. Purpose
It is very important to give the aged the opportunity to work in this era when the
population of the aged is increasing because employing the aged has the social benefit
of using more human resources and providing means of living.
Subsidy to The business owner who employs the aged so 150,000 Won per person
encourage that the ratio of the old employees against the per each quarter for the
employment total employees exceeds a certain threshold set number of employees
of the aged to his/her business area exceeding the set
in large * 4% for manufacturing, 42% for real estate business, threshold for 5 years
number service industries selected for the assistance 17%, - Up to 15% of total
other businesses 7% employees in each
- The following are excluded when counting quarter (10% for big
the number of the aged employee or total corporations)
employee: daily workers who are employed
for less than 1 month, the workers who
works less than 60 hours per month (15
hours per week, and public servants)
Subsidy to The business owner who continues to employ 300,000 Won per the re-
encourage the workers who reached the age of retirement employed or the
continuous or re-employ within 3 months from retirement continuously employed
employment the workers who have retired from work and worker
of retirees the retirement age in the work place is higher for 6 months
than 57 years. - 12 months for
- Subsidy shall not be provided if the manufacturing business
continuous employment lasts less than 1 year with less than 500
or the retirement age was reduced within 3 employees
years before the continuous employment.
- Subsidy shall not be provided if the business
has dismissed its employee(s) by job
adjustment during the period starting from 3
months before and ending 6 months after the
employment of the employee who reached the
retirement age
Subsidy to The retirement age in the work place is extended 300,000Won per person
encourage by more than 1 year, and the extended for half of the extended
extension of retirement age of the work place is higher than period
the retirement 56 years
age The retirement age of the work place must be set
by the rules of employment or the collective
bargaining agreement of the work place. The
customary retirement age is not recognized.
The work place which had reduced the
retirement age within 3 years before extending it.
Re-employment of the
New employment of the - Employing more than 1 old - Employing the aged person
aged people who has registered at a Job
Center but remained
unemployed for more than 3
months as an insurer of the EI
-1/3~1/4 of wage for 6 months - 250,000 Won for 6 months
Employment of the aged 90,000 Won per quarter 150,000 Won per quarter
in large number
tightening the requirements for the subsidy for mass employment of the aged;
expanding the object of the subsidy for new employment of the aged;
abolishing the subsidy for re-employment of the aged;
introducing the subsidy for mass employment of the aged.
Employment of the aged - Required ratio of the old - The required ratio
in large number aged employees among total differentiated among
New employment of the - people aged between 55~59 - people aged between 50~64
aged years years
- unemployed period exceeds - unemployed period between 1
3 months and 3 months
- 280,000 Won for 6 months - 300,000 Won for 6 months (12
months for manufacturing
business with less than 500
It is expected that the plan will play a more important role in expanding employment
opportunities and welfare of the aged, and to reduce the hardship of the business
owners in recruiting because the ratio of the aged among total population is
increasing.
The subsidy was paid to 273,945 people in 50,023 businesses. A total of 48,062
million Won was paid. The amount paid as the subsidy to encourage continuous
employment of retirees shows steady increase from its introduction in February 2004:
1,223 million Won in 2005, 1,764 million Won in 2006, 2,492 million Won in 2007,
and 2,626 million Won in 2008.
[Table -4-1] Annual payment of the subsidy to encourage employment of the aged
(unit: million won)
Distinction 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008
Number of businesses 35,751 50,466 61,790 66,565 70,793 63,972 48,760 48,424 53,691 54,023
Number of recipients 189,146 225,711 251,870 270,902 308,874 266,119 218,072 229,092 259,357 273,945
Amount paid 25,450 36,758 41,620 39,980 46,236 41,299 33,988 36,025 40,880 48,062
The allowance to supplement the peak wage plan, which was introduced as a
temporary program to be expired in 2008, was changed to a permanent program in
2008 by amending the Employment Insurance Regulations. Further change was made
so supplementary allowance can be paid when the wage was reduced by reduction of
the working hours by amending the Enforcement Regulations for the Employment
Insurance Act on 19 September 2008.
The peak wage plan is a type of employment whereby the worker receives less than
The contents of the allowance payment program to supplement the peak wage plan
The workers under the following category The allowance amount is 50/100 of the
are qualified to receive the allowance: difference between the worker’s peak wage
and the current year’s wage with the ceiling of
�54 years of age or older; 6 million Won per year (1.5 million Won per
�has been working for more than 18 months quarter. However, the sum of his wage and
at a work place where the peak wage plan the allowance may not exceed 57 million
is adopted by mutual agreement of the 600,000 Won per annum (14 million 400,000
labor and the management; Won per quarter)
Appendix
When the program was first introduced in 2006, the upper limit of the wage to receive
the allowance was set at 46,800,000 Won per annum using the wages of the top 10%
of the workers in the country. However, it was not good enough to cover the aged
workers who were paid more. The plan did not contribute much to the extension of
the peak wage plan. The Ministry of Labor surveyed twenty three work places that
had adopted the peak wage plan but did not apply for the allowance in August 2006.
The survey showed that workers at 16 work places (69.6% of the surveyed work
places) were not able to apply for the allowance as their reduced wages exceeded the
threshold of 46,800,000 Won per annum. The government amended the guideline in
March 2007 and increased the threshold amount to 57, 600,000 Won per annum using
wage of top 10% of the workers of the age between 55 and 59. (The threshold had
been once raised before in 2005 to 50,580,000 Won.)
55~59 years old workers 2,675 1,769 2,116 2,682 3,593 5,752
[Table -4-3] Annual payment of the allowance to supplement the peak wage plan
(unit: million won)
The female workers are important for the economy these days as the demand for them
is increasing because of declining childbirth, rapid aging of the population and high
level education the women are receiving. It is usual for female workers to get out of
the labor market due to marriage and childbirth, and return to employment after
The employee taking the leave or subject to the working hour reduction must be an
insurer of the Employment Insurance. The payment amount is 200,000 Won per each
worker per month.
On top of the childcare leave subsidy, subsidy to encourage employment of substitute
workers is paid in the sum of 200~300,000 Won for each substitute worker who was
employed to fill in the position of the worker who took the childcare leave and
maintain the employment for more than 30 days after return of the worker who had
taken the childcare leave.
Subsidy to promote The business owner who gives The subsidy is paid to the
childcare leave his/her workers, who are insured to business owner who gives
subsidy to The business owner who employs 200~300,000 Won per month
encourage substitute workers to fill in the per each substitute worker
employment of positions of the workers who are
replacement taking childcare leave, and
workers re-employs the workers when the
leave ends.
This subsidy shows steady payment record since its introduction in 1995. The
monthly payment amount per each worker was; 80~120,000 Won in year 1995 which
was the first year of its commencement, 90~135,000 Won in year 1997, 110~140,000
Won in year 1998, 120~150,000 Won in year 1999, and continues paying 200,000
Won from year 2001 to year 2007.
The subsidy for substitute workers has been paying the sum of 100~150,000 Won per
month per person since its promulgation on 25 February 2004. The payment amount
has increased to 200~300,000 Won per person per month on 1 January 2006 upon
Appendix
This subsidy is paid to the business owners who employ people of over 40 years of
age and having completed the training for job changing unemployed or similar. This
program was designed;
However, this program was abolished from year 2009 as it did not attract many
applications.
The JSP was comprised of a number of programs. The programs included the subsidy
to encourage new employment of the aged people, the subsidy to encourage new
employment of woman household heads, and the subsidy to encourage employment
of long time job seekers. Such separation of programs caused trouble to the business
owners to understand them as their requirements, payment amounts, and payment
periods are different from each other. The government has merged all four programs
Appendix
into one program namely, the subsidy to encourage new employment by amending the
EI Regulations in October 2004. The program has extended its application to young
unemployed people and the disabled people. Female workers who had left their job
because of pregnancy or childbirth also had come under the programs umbrella. Later,
more detailed definition of the young employed people and the woman household
head on the recognition of such problems as loss in the hands of the owner and too
The business owners who employ through the Job Center the workers registered there
for more than certain period to seek jobs. The required period differs depending on
the qualification of the worker. The subsidy amount is 150~600,000 Won per
employed worker per month. The subsidy is paid for 1 year for each employment.
1. The people who meet the criteria set by Order of the Minister of 1 month
Labor made considering the income and the ability to get job
among the aged people as defined in section 2 subsection 1 of the
‘Act to prohibit discrimination on the ground of age and to promote
employment of the old aged people’, and semi-old people as
defined in section 2 in the same Act.
9. Farmers and Fishers who receive or had received the subsidy for
closing business in accordance with section 6 in the‘Special act to
assist farmers and fishers upon entering into the Free Trading
Agreement’
10. People who are not subject to items 1~9 above 6 months
The aged and people who (1) 300,000 won per month for the first 6 months after
should be regarded as the employment, and 150,000 won per month for the next six
aged as defined in the‘Act to months
promote employment of the
aged people’
(2) 600,000 won per month per person for the first6 months
after employment, and 300,000 won per month for the next
six months when the work place meets the criteria set in
Regulation 12 Sub-regulation1(2) of the Employment
Insurance Regulations (i.e., in the manufacturing business
and has less than 500 employees)
Disabled people as defined (1) 600,000 won per each disabled person with severe
in the Act to promote disability as defined in section 2 subsection 2 of the‘Act to
employment of disabled promote employment of disabled people and job
people and job rehabilitation rehabilitation’per month for 12 months
(2) 600,000 won per month for the first 6 months and 300,000
won for the next 6 months per each disabled person other
than the severely disabled
29 years old or younger (1) 450,000 won per month for the first 6 months after employment,
people who are having and 300,000 won per month for the next six months
difficulties in finding jobs (2) 600,000 won per month per person for the first6 months
because of low level of after employment, and 300,000 won per month for the next
education and lack of skills six months when the work place meets the criteria set in
and experiences (limited to Regulation 12 Sub-regulation1(2) of the Employment
the work places to receive Insurance Regulations (i.e., in the manufacturing business
prior assistance) and has less than 500 employees)
The unemployed women who 600,000 won per month per person for the first6 months after
are responsible for family employment, and 300,000 won per month for the next six
livelihood (as defined by the months
Regulations of the Department
of Labor), and either are
subject to employment in
Regulation 11 sub-regulation 2
in the‘Regulations for the Act
to provide basic livelihood to all
citizens’or subject to
protection as determined in
section 5 and section 5
subsection 2 in the‘Act to
assist one parent family’
Workers to be assisted by 600,000 won per month per person for the first6 months after
the subsidy to encourage employment, and 300,000 won per month for the next six
new employment other than months
those belong to one of the
above categories.
The amount paid as the subsidy to encourage new employment, which was
promulgated in October 2004, was: 800 million Won between October~December
2004, 84 billion won in year 2005, 172.1 billion won in year 2006, 218.7 billion won
the contributions paid. The subsidy amount paid was: 812 million won for 20,140
workers in 7 construction work places in 2004, 642 million won for 14,762 workers
in 17 construction work places in 2005, 1,437 million won for 14,176 workers in 28
construction work places in 2006, 1,207 million won for 3,636 workers in 34
construction work places in 2007, and 1,101 million won for 1,398 workers in 47
construction work places in 2008.
This subsidy is paid to the construction work owner who employs a manager for
employment works who takes care of the jobs relating to the Employment Insurance
such as the acquisition and loss of the qualification to insure the Employment
Insurance by the construction workers. The subsidy amount ranges from 300,000 to
900,000 won per month depending on the volume of the management work. The
subsidy amount paid was: 4,542 million won to 4,110 construction work places in
year 2005, 14,160 million won to 10,644 construction work places in year 2006,
21,425 million won to 15,758 construction work places in year 2007, and 25,066
million won to 17,957 construction work places in year 2008.
* Work places where childcare facilities are compulsory have extended to those with 300 female workers or 500
workers in total from 30 January 2006.
* The survey was carried out on private businesses only from December 2007.
Appendix
The subsidy is paid to the business owner who sets up and operates, alone or together
with other business owner(s), a childcare facility for his/her employees. The facility
* History of changes made to this subsidy: (2003) 650,000 won per each childcare teacher per
month => (2004) 700,000 won per each childcare teacher per month (extended to the head of the
childcare facility) => (2005) 800,000 won per each childcare teacher per month => (2006) 800,000
won per each childcare teacher per month (extended to the cook)
The program gives loan or subsidy to the business owners the costs to establish
childcare facilities their work places. The loan is up to 500 million won with interest
rate of 1% (2% for big corporations) per annum and may be used to pay the costs of
construction, purchase, lease, upgrade, and repairing of the childcare facility. The
loan may be repaid by equal installments over 5 years period starting after 5 years of
grace period.
Further, free aid is given to cover the expenses relating to conversion of the facility
and to consumables such as tools and furniture. The aid amount is up to 100 million
(200 million for organizations) won for conversion of the facility and 50 million won
for tools and equipments.
The Korea Workers’ Compensation and Welfare Service takes care of the aid to
establishment of childcare facilities in work places. Accordingly, the business owner
who wishes to receive the loan or the free aid should submit an application to the
branch manager of the Korea Workers’ Compensation and Welfare Service.
The subsidy for wages of the childcare teachers and others was paid to 636 facilities
in the sum of 12,610 million won. The loan was given to 2 work places that had
Distinction 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008
Number of work places 317 357 340 322 345 401 449 537 607 636
Total number of beneficiaries 2,862 3,496 1,528 1,511 1,700 2,262 2,863 3,854 4,918 5,976
Amount paid 2,029 2,483 2,403 2,483 2,918 4,128 5,952 8,106 10,429 12,610
[Table -6-3] Yearly record of the loan for establishing the childcare facilities in
the work places
Appendix
Distinction 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008
Number of
2 2 2 2 3 1 9 4 9 2
Loan work places
Amount paid 540 98 125 450 811 150 2,657 511 2,700 300
Distinction 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008
Number of
- 2 1 - 16 22 20 33 21 27
Loan work places
Working Environment.
The upper limit of the subsidy for the investment made to improve working
conditions by the SMEs was increased to 50 million won from 30 million won. The
increase was made to encourage improvements on poor working conditions of SMEs,
and to build grounds to create work places in SMEs.
The subsidy to encourage new employment of female workers retuning to work after
giving birth to children (subsidy to encourage employing mothers) was paid to the
business owners who employ female workers who quit the job because of pregnancy,
childbirth, and childcare. Then a change was made to make the subsidy more active.
The requirement that the new employment must be‘within 5 years since quitting her
job’was removed so that more people could be benefitted.
2007 78(25) 78(25) 45 600,000 Won per month for the first
6 months, and 300,000 Won for the
2008 338(61) 369(61) 182 next 6 months (1 year in total)
The Employment Insurance Regulations were amended to lay the foundation for the
SMEs to voluntarily carry out programs that may improve their employment structure
to improve the working conditions of non-regular workers at SMEs. The programs
included consultation to improve human resources management, constructing
programs that will improve job capabilities of the non-regular worker, re-architecting
wages and responsibilities, and improving the organizational culture. The job of
implementing the plan was delegated to the Korea Labor Institute.
The ability to create, share, and utilize knowledge and information is now recognized
as the source of competitiveness. The transition into a society of knowledge-based
economy caused structural change in the labor market in regard to the structure of
The job capability development programs (the‘JCDP’) are designed to assist the
businesses and the workers to meet such challenge and endeavor to develop the workers’
Appendix
job capabilities. The programs also include assisting re-employment of job changers or
unemployed people following restructuring, and enhancing the move of labor.
Now, as the world has entered into the era of information technology and global
market economy, corporations in many countries are paying attention to the
technological innovation and improving‘quality of labor’. Improving the‘quality of
labor’is emboldened as the country’
s core task as it may increase not only the
competitiveness of the corporations but also the quality of the workers’lives.
Korea has been following the economic development strategy based on the low wage
level and the‘quantity of labor’rather than the‘quality of labor’in the past.
However, upon entering into the era where“technological innovation takes the
priority,”the need to produce, develop, and manage skilled worker who will lead the
trend emerged as the essential task of the country. Further, it was necessary to
promote“high quality technological innovation”led by scientists and engineers to
take the economy one level higher.
JCDP were introduced to meet such challenge through new legislation of the
Employment Insurance Act in July 1995. The focus of job training has moved from
producing skilled laborers to lifetime development of the workers’job capabilities.
On the other hand, it became necessary to unify the JCDP and the Obligatory
Training Plan that were separately operated since 1995. A new frame of job training
to develop and upgrade job capabilities of the workers was also required. In order to
Employee skills Defines and regulates general matters related to Job Capability
development act Development Training-Training facilities, training course recognition,
(enacted 24. Dec. 1997, training course evaluation etc.
amended 31.Dec.2008)
Employment Insurance Defines and regulates matters related to assisting JCDP with the
act (enacted 27 Dec. Employment Insurance Fund-numerous programs such as Business
1993, amended 31. owner training, Staff training, training of the unemployed , etc.
Dec. 2008)
Appendix
Act to promote skilled Encourage skills and improve social, economic status of the skilled
labor (enacted 1 Apr. workers-appointing the master craftsman, skills competition, skills
1989, amended 30 Dec. Olympic, world skills competition, and provision of inducements to
2005) skilled technicians etc
Act to establish and The law establishing the human resources development service of
operate the human Korea
resources development - major functions of the institution: assisting trainings, carrying out
service of Korea tests for qualifications, encouraging skills
(enacted 31 Dec. 1981, - rules related to officers, board of directors, guiding and regulating
amended 31 Dec. 2008) business of the institution
Subsidy is paid to the business owners who provide job training to the employees for
the purpose of improving the employees’ job capabilities. The training may be carried
out by the business owner or delegated to such institutions as the Corporate Training
Center and other delegated training centers (public job training center, designated job
training center, incorporated companies providing job capability development
trainings, private education centers, college or universities, institutions providing
lifetime education). The course must be recognized by the government as a JCDT.
Training Costs
- When attending a training courses for priority occupation as noticed by the
Minister of Labor
reimbursed up to 8,500 won per person per day. (If the course lasts longer than 1
month, and provides training for more than 5 weeks and accommodates the
trainee during weekends and public holidays, the sum of reimbursement is up to
212,500 Won per person per month). When food is provided to the trainees
attending to a course with classes longer than 5 hours per day, food allowances
up to 3,000 won per person per day is paid.
- Standard unit costs set according to the occupation for which the training was
given x modification number × hours of training (up to 1,400 hours) × number of
workers completing the training × 40%
When the training is provided via mail, 80/100(100/100 for the assistance priority
corporation) of actual training costs spent for the trainee who has completed the
course shall be subsidized. The ceiling of the subsidy per month per each trainee is set
in accordance with the evaluated grade of the training institution as shown below in
<Table -2-1>:
[Table -2-1] Monthly ceiling of the subsidy for postal remote access training
(unit: won)
Training
- The training course must be no less than 120 hours and the paid leave period must
be no less than 120 hours(in case of businesses with less than 150 regular
Appendix
Bigger businesses are increasingly participating to the paid leave training than SMEs
as shown below in <Table -2-3>. However, more and more SMEs are taking part in
the program as a result of persistent efforts to raise awareness. The gap between big
corporations and SMEs in participating the program is getting smaller.
The number of recipients at work places with less than 300 employees in 2008 was
3,33, showing 116.1% increase from the previous year. The ratio of SMEs among the
total recipients had also increased by 21.6% from the previous year, making 35.7%.
The business owner can receive up to 100% of the individually calculated insurance
premium for Job Security Plan and JCDP he/she has to pay in the relevant year (240%
for the priority corporations).
The loan amount is up to either 6 billion won or 90% of the cost required, whichever
Interest rate
- 1% per annum for priority corporations, business owners’ organizations, big
corporations participating SME training consortium
- 2% per annum for Big corporations
- 4% per annum for workers’ organizations, training corporations and institutions
Term
- Up to 10 years (repayment by installment in 5 years after 5 years of grace period) Appendix
Purpose
Developing the workers’ job capabilities and promoting the business’s technologies
by subsidizing the cost required to operate in-house qualification program
Recipient
Business owners who develop and operate qualifications appropriate to the character
of the business for his/her employee.
Requirments;
- the qualification should be recognized by the Human Resources Development
Service of Korea
- the test for qualification must be carried out by the business owner alone or
together with others on the workers in his/her business or other related business
- the qualification subject must be directly related to the knowledge and skills
required for the business
- the business must prepare and undertake the rules that offer the workers who
acquired the qualification the advantage in promotion and remuneration
- the test is not for commercial gain
Subsidy amount
Costs of developing the test: up to 12 million Won (15 million Won for the priority
corporations) per annum within 1/2 of the costs of developing tests for each subject
Costs of operating the test: up to 10 million Won (12 million Won for the priority
corporations) per annum within 1/2 of the costs of developing tests for each subject,
for 3 years among 4 years including the payment year (no limit on the payment period
for the priority corporations)
Subjects 35 38 29 27 19 28 29
Contents of aid
- costs of facilities and equipments: Up to 100% of the insurance premium paid for
Job security & JCDP(up to 240% of the insurance premium paid by the
participating SMEs for business owners’ organizations, public institutions, and
Universities) with the ceiling of 1.5 billion won per annum
- operation costs and cost of labor required for the operation of the program
Appendix
- training costs: 100% of training costs set in accordance with the category of the
occupation by the regulations on payment of subsidy for JCDP.
Operating institutions 6 8 19 30 47 57 69 83
Trained workers
4 10 20 38 71 143 295 281
(,000 people)
Participating SMEs
1 3 8 15 33 63 134 122
(,000 businesses)
Aid amount
32 61 141 168 399 450 744 702
(100 million Won)
This program assists SMEs and Priority Corporations organizing study groups in
order to their workers’ job capabilities. The technique, consulting, and costs required
for the study group are assisted.
Recipients
SMEs and Priority Corporations selected by the Minister of Labor(or the Human
Resources Service of Korea)
Recipients:
Owners and employees of the Priority Corporations selected by the Minister of Labor
through the HRSK.
Recipients
- The following people may apply for and receive allowances under this program:
�Who belong to one of the following categories: Insured people of the EI who are
about to leave job involuntarily during training or within 1 month from
completion of training, insured people of the EI of 40 years of age or older,
workers currently employed to businesses having less than 300 regular
employees, fixed term employees, short term workers, daily workers, deployed
workers, and self- employed people who have joined the EI (However, every
currently employed worker who is insured by the EI are qualified for the basic
course on information technology);
�Who has completed a course recognized as a JCDT course (however, the basic
course on information technology is limited to those notified by the Minister of
Labor);
�Who has attended more than 80/100 of class hours of the course;
Non-regular workers receive the allowance up to 100% for job training course, and
The payments under this program was 53,506 million won to 287,827 people in 2008,
[Table -4-1] Allowances paid for workers’education fees (unit: million won)
Recipients
- Workers, who are insured to the EI, enter or are attending educational institutions
higher than the Technical College as defined by the Technical College Act or
Polytechnics established under the High Education Act or the Education for Life
Act.However, workers who receive full amount of the school fee as scholarship,
subsidy, or loan are not eligible for the loan.
- The loan amount is up to full amount of the school fee. However, if the worker
receives assistance with the registration costs such as scholarship, the loan amount
shall be school fee after deducting the aid amount.
* School fee means all costs necessary to register to the school including tuition, course fee, and
PTA membership fee.
Repayment:
Interest: Payable to relevant financial institutions 4 times a year by the end of each
quarter
Principal: By quarterly equal installments over 2 years period (technical college and
polytechnics) or over 4 years (Universities)
Total amount of the loan in year 2008 was 87,754 million Won, increasing by 7,903
million Won from the previous year as shown in <Table -4-2> below:
�This program provides loan to workers. The fee for trainings necessary for Job
Capability Development is being offered.
�Recipients: Employed workers who are insured to the EI.
* This subsidy is now abolished upon amendment to the EI Regulations on 29 April 2008. (However,
people who obtained 2 qualifications by 29 April 2008 shall receive the subsidy until 29 April 2011.)
This program provides the people who were dismissed from work where the EI applies
with the opportunities to take part in the training to acquire skills and knowledge
useful to get another job. It is hoped that this program will improve the quality of
workers’ lives by promoting re-employment and by stabilizing his/her livelihood.
Trainees
- An employee, used to be insured to EI, registered to the Job Center to get a job and
wants to receive job training.
Training Institutions
- Job Capability Development Training facilities as defined in section 2 in the
Worker’s Job Capability Development Act, Schools as defined in the High
Education Act, and other facilities acknowledged by the head of local labor office.
Training Course
- Job Capability Development Training Courses developed to learn and improve work
performance of the workers that will contribute towards the trainee’s job
opportunities, either for starting his/her own business or getting employed.The
following courses are excluded:Information exchange courses such as seminars or
symposiums, or general educations on current affairs or common knowledge; Normal
degree courses provided by tertiary educational institutions above college level
established under the High Education Act; Courses to attend examinations to be a
Lawyer, Patent Attorney, Certified Public Labor Attorney, and public servants;Courses
for occupations that may cause offence to the Public Health Act; and Other courses
that the head of local labor office regards inappropriate for job capability training.
Day courses in principle, but night courses are allowed if necessary considering the
region and the character of the training.
The subsidy for training for the job changing of the unemployed in 2008 was paid to
70,556 people in the sum of 160,899 million Won, showing increase of 8,295 million
Won (5.4%) from the previous year.
[Table -5-1] Subsidy for training for the job changing of the unemployed
The number of participants sorted by areas of the training in 2008 was in following
order; service 22.0%, administration and management 19.6%, machines and
equipments 17.5%, information and communication 17.1%.
Purpose
- It is expected that this program will:
improve national competitiveness by raising skilled workers required for key
industries and strategic industries of the country;
improve employment opportunities and job security of teenagers who do not
proceed to higher education and the unemployed by providing them with the
opportunities to receive JCDT.
Training institutions
- Private training institutions (training corporations, training facilities), and the
Human Resources Development Offices of the Korea Chamber of Commerce and
Industry
Participants of the training for priority occupational areas are increasing every year.
The allowance was paid to 22,126 people the sum of 125,487 million won.
1. Overview
The result of the JCDP is shown in <Table Ⅱ-6-1> below. The Table shows that the
Appendix
followng increases have been made since 2007; work places 12.9%, the insured
people received the assistance 10.4%, the amount paid 9.4%. The increases in number
of trainees in the respective programs in the same period are; JCDP 10.7%, Student
loan for workers 1.1%, paid leave training 30.7%.
Assisted work places Increase Assisted people Increase Subsidy paid Increase
Distinction
2007 2008 (%) 2007 2008 (%) 2007 2008 (%)
Total 188,653 213,061 12.9 3,666,842 4,047,439 10.4 639,984 699,814 9.4
JCDP 187,663 210,738 12.3 3,300,197 3,654,216 10.7 340,924 382,581 12.2
Training on
990 2,323 134.7 7,133 9,324 30.7 13,823 15,071 9.0
paid leave
Course fee
269,045 287,827 7.0 52,782 53,508 1.4
Subsidy
Student loan
25,225 25,507 1.1 79,851 87,755 9.9
for workers
Training for job
changing of the 65,242 70,565 8.2 152,604 160,899 5.4
unemployed
2. Assistance to JCDP
The JCDP was carried out for 1,424,330 work places, 9,385,239 people.
The head of local labor office carries out the training for the unemployed who are
changing jobs. The training is for the people who have registered to find a job to local
[Table -6-5] Performance record of the training for the unemployed people
changing jobs
(unit: million won)
The result of the training as shown in <Table Ⅱ-6-6> below says that though the rate
of people quitting the training in the middle of the course was reduced, the rate of
people who actually got employed was also reduced.
Appendix
* Employment ratio= (Employed during the course + Employed after the course)/(Employed during the course +
Trainees completed the course) × 100
* Trainings for unemployed woman household head are included.
* Record is as of the end of the year.
Loan for living expenses to people of low income class who are receiving the JCDT.
- A ground for the loan for living expenses to people of low income class receiving
the JCDT was made in December 2008. The loan was established to address the
problem of low income class and non-regular workers who need the JCDT but
could not receive it because of the burden to be in charge of the livelihood of
his/her family. It was expected that this program will promote the participation by
the vulnerable in the JCDT and, as a consequence, increase their employment
opportunities.
- There had been criticisms of the JCDP saying that the program was being operated
from the training supplier’
s perspective rather than the participants. The Job
Capability Development Account “JCDA”
( ) was introduced to address such issue.
The obligation to preserve the documents related to the loan and subsidy payment
for JCDP is raised.
- The obligation to preserve the documents related to the loan and subsidy payment
for JCDP had not bee prescribed by law but by the Executive Order only. The
obligation was set by the law by this change. The legal requirement is that such
documents should be preserved for 3 years, but in case the cost to install and/or
Chapter 1 OVERVIEW
2. Basic System of UB
UB comprises Job Seeking Benefit “JSB”
( ) and Allowance to Promote Employment
“APE”
( ).
JSB is paid to stabilize the livelihood of the unemployed. It is the core of UB. JSB
includes Sick Benefit “SB”
( ) and Extended Benefit “EB”
( ). SB is paid to the people
who have the same qualification as those who receive UB, but cannot get employed
because of sickness or injury. EB is an extended payment of UB.
Payment Extended
for Training
(“PET”)
Individual
Moving Allowance
(“MA”)
Days not recognized for JSB because of injury, sickness, or Same as JSB
Sick benefit childbirth after reporting loss of job - sickness for 7 days or more
- Shall be paid for 45 days in case of childbirth
An UB payee receiving a JCDT upon the direction of the head 100% of daily JSB payment
of a Job Center amount
- same as JSB payment before
Training extension benefit
31 Mar. 2000
- 70% of JSB payment before
21 Mar. 2008
A person with special hardship in his livelihood and in getting 70% of JSB payment
Individual extension benefit a job who failed to get a job after applying to the positions - up to 60 days
introduced by the head of a Job Center.
A person whose UB payment ended during the period when 70% of JSB payment
the Minister of Labor declared as a difficult period to get a job - up to 60 days
Special extension benefit
for such reasons as sudden and big increase of
unemployment
Early re- A person who gets a job leaving a prescribed period of UB 1/3~2/3 of unpaid JSB
payment * All of unpaid JSB when employed
Allowance for When a person seeks a job in a remote region (more than 50 Actual accommodation cost
Allowance to seeking job in km away from his residence) upon introduction of a Job (up to 40,000 won per day)
Promote Center Travel costs: actual costs
remote place
(middle class in each
Employment
transportation medium)
* Shall be calculated according to
Moving When a person needs to move his/her home to get a job or the Actual costs (80% of actual
Allowance receive a JCDT as directed by the head of a Job Center costs exceeding 2.5 tons), 30%
increase when more than 5
family members go along
1. Overview
Appendix
JSB is the most basic and important payment among UB. It is paid to stabilize the
livelihood of the unemployed while he/she seeks a job.
JSB is paid when an insured person lost his/her job and satisfies the unit insured
period of‘more than 180 days during 18 months.’It is paid differently from 90 days
to 240 days depending on the insured period and age of the insured person. Payment
may be extended when certain conditions are met.
The applicant must be an unemployed person who has unit insured period exceeding
180 days among 18 months (criterion period) before the date of leaving his/her last
job. Unit insured period means the days for which wages are paid for. When a person
gets a job after being acknowledged that he/she is qualified to receive UB and lose the
job again, he/she must satisfy the unit insured period again.
If the applicant had quit the job to start his/her own business or to move to another
job, or had been dismissed by his/her own serious misconduct, he/she cannot receive
the benefit as he/she had caused an insurance accident, unless his/her voluntary
resignation was based on a justifiable cause such as overdue wage or business
suspension.
- if dismissed upon being sentenced for imprisonment for violating criminal law or any law
related to his/her work obligations
- if dismissed for causing enormous impediment to the employer’
s business or loss of
property to the employer by committing embezzlement, leaking business secret, destroying
equipment, or making false documents
Further, if the applicant left the job for his/her own reasons, he/she is not disqualified
for JSB, if the reasons are justifiable.
One of the following events happened for more than 2 months during the last 1 year before
leaving the job
- wages are unpaid
must prove his/her incapability through objective means such as a doctor’ s diagnosis or the
employer’ s opinion letter.
When the employee had to leave the job because he/she was pregnant, gives childbirth, has a
child of less than 3 years old who needs his/her caring, has to answer to the call of duty under
the“Military Service Act”BUT the employer does not allow him/her a leave or job suspension.
* The contents of the Notice were reflected to the Rules of the Employment Insurance Act (Rule 101 Sub-rule 2)
when the Rules were amended on 21 February 2008.
The applicant must be unemployed when filling out the application to receive JSB. In
other words, he must be unemployed though he/she has the will and ability to work.
Accordingly, a person who operates his/her own business and register as a self-
employed cannot receive JSB.
The Receiving Period means the period when a person can receive UB. It is for 12
months commencing from the next day of leaving the job. The receiving period may
be extended up to 4 years in cases of pregnancy, childcare, injury and sickness of the
employee or relatives of the employee or his/her spouse, and duty service under the
‘Military Service Act’.
There is no limitation period for the application for UB. However, UB is only paid during
the Receiving Period in principle, and shall not be paid when the Receiving Period is over
if the prescribed payment days have not been exhausted. Therefore, the worker who lost
his/her job would better send the application immediately after losing the job.
A. Overview
JSB is paid in principle from the day after the date of leaving the job when the
applicant is recognized as having satisfied the requirements. The payment is made for
the days when unemployment is admitted up to the Prescribed Payment Period (as set
down in section 48 in the EI Act) during the Receiving Period of 12 months.
The Prescribed Payment Period means the days when a person can receive JSB for
one Receipt Qualification. It is currently set between the minimum of 90 days and the
maximum of 240 days. It is determined according to the age and insured period of the
person who is qualified to receive the JSB (section 50 in the EI Act).
Insured Less than 1 Year ~ less 3 Year ~ less 5Year ~ less 10 years and
Age
period 1 year than 3 years than 5 years than than 10 years over
Under 30 years 90 90 120 150 180
1) Overview
employments, the employment period for which the benefit had been paid is not
incorporated into the insured period.
If the applicant first gets insured more than 3 years before the date when his/her
acquisition as an insured person was confirmed in accordance with section 17 of the
Act, than the calculation of the insured period shall be made on the basis that the
person had got insured 3 years before the day of the confirmation.
4. Payment Amount
A. Amount of JSB
The daily JSB payment amount is calculated by multiplying the BDW1) by 50/100,
provided that if the resulting sum is less than the minimum daily JSB amount then the
minimum daily JSB amount shall be the person’ s daily JSB payment amount.
When the daily JSB payment amount as calculated using the before mentioned
formula is less than the minimum wage, then 90% of the minimum wage (70% for the
person who left the job before 31 Dec. 1999) shall be the minimum daily JSB amount.
1) Overview
Basic daily wage for benefit calculation “ ( BDW”) is the average wage as set in
section 19 in the Labor Standard Act (section 45 subsection 1 in the Act).
If the average wage set in the law is less than the average wage the applicant had been
receiving, then the latter shall be the BDW (section 45 subsection 2 in the Act), if the
BDW calculated in the before mentioned manner is less than the sum calculated by
multiplying the legal hourly rate being applied on the day before the worker left
his/her job to the prescribed working hours, then the latter shall be the basic average
wage (section 45 subsection 4 in the same Act).
1) Basic Daily Wage for Benefit Calculation. The term will be explained in detail under the next heading.
When the wage earning period for the purpose of calculating the average wage was
less than 2 months, then the average of the wage the worker earned in his prior job
was also used for the calculations. The average wages of both jobs were averaged to
make the average wage fit for the purpose of the BDW calculation. However, the
calculation method for such cases has been changed from 1 January 2004. From then
BDW = total wages earned during the last 3 months before leaving the last job (the last 4
months’wages minus the last month’
s wages for daily workers) / number of days in the last 3
months before leaving the last job (days in the last 4 months minus days in the last month for
daily workers) Appendix
1. Overview
The Benefit Qualified Person2) “ ( BQP”) may receive the Sick Benefit “ ( SB”) in
substitute for JSB while he/she is not able to get employed for more than 7 days
because of sickness, injury, or childbirth during the benefit payment period (section
63 of the Act).
4. Record of Payment
SB payment in 2008 was 6.9 billion Won, increased by 0.6 billion Won (9.0%) from
the 63 billion Won paid in the previous year, and the number of beneficiaries was 157
Appendix
people, reduced by 60 people (-27.6%) from 217 people in the previous year.
PET was designed to assist re-employment of the benefit recipients. Under this
program, the head of the Job Center makes a direction to a BQP to receive job
training and, at the same time, the BQP is paid with extended payment of JSB. PET is
paid during the training period not exceeding 2 years 100% of JSB (70% before 21
March 2008) (section 51 of the Act).
The applicant, in order to receive PET, must satisfy the following requirements:
① It is regarded that receiving JCDT will help him/her get another job;
② he/she does not have national skill qualification certificate recognized in the
National Skills Qualification Act and the his/her current skill has is not
demanded by businesses;
③ He/she did not receive any JCDT during the last 1 year period;
④ He/she could not get a job though he/she had applied more than 3 times for the
jobs recommended by the head of the Job Center (this requirement was
introduced on 30 April 2008).
The followings are the occupations and training courses to be recommended under
this program:
① Prior selection occupation training course (occupation area) set by section 53 of
the EI Act and Rule 53 of the EI Rules;
Payment amount for the PET in year 2008 was 126 million Won, showing increase of
38 million Won (43.2%) compared to 88 million in the previous year. The number of
the beneficiaries in the same year was 37, the same as that of the previous year.
[Table -4-1] Payment record for the payment extended for training
(unit: million won)
Beneficiaries Amount paid Beneficiaries Amount paid Beneficiaries Amount paid Beneficiaries Amount paid Beneficiaries Amount paid
Payment
Extended for 2 5 18 22 18 61 37 88 37 126
Training
Individual Extended Benefit is designed to assist the livelihood of the BQP who do
not find a job until JSB payment ends and has family to support (younger than 18
years old for example). It is paid to the BQP up to 70% of the JSB for the period
extended up to 60 days.
A person can receive the IEB when he/she meets all of the following criteria and
submit an application for the IEB to the local Job Center of his/her resident area by
the end of JSB payment day together with the certificate of benefit receipt
qualification:
① He/she must have applied, 3 times or more, for the job recommended by the
head of the Job Center more than 3 times but failed to get employed;
② He/she has member of family who need support for sickness that needs treatment
for more than 1 month or who is of the age below 18 or over 65, or who is disabled;
③ He/she needs to receive JCDT but cannot or does not receive one;
④ His/her daily base wage amount is less than 50,000 Won, and the combined asset
of the applicant and his/her spouse is less than 60 million Won (with no house or
building) or pays less than 30,000 Won as the Property Tax.
C. Payment record
The payment made as IEB in year 2008 was in the sum of 332 million Won, reduced
by 480 million Won (-59.1%) compared to payment of 812 million Won in the
previous year. The number of payee also had reduced to 231 from 615 of the previous
year (-62.4%).
�1/2 of the number of unpaid days when the applicant gets employed leaving 1/3
or more than but less than 2/3 of the prescribed payment days,
�1/3 of the number of unpaid days when the applicant gets employed leaving less
than 2/3 of the prescribed payment days.
- Section 64 subsection 3 of the Act and Rule 85 of the Rules
C. Payment record
The amount of ERA paid in year 2008 was 391.6 billion Won, showing increase of
81.1 billion Won (26.1%) from 310.5 billion Won paid in the previous year. The
number of beneficiaries has increased from 147,694 people to 174,408 people during
the same period showing increase of 26,714 people (18.1%).
A. Overview
The head of the Job Center may pay Allowance for Seeking Job in Remote Place
ASJRP is paid when a BQP satisfies all of the following requirements (R.89 of the
Rules):
① The job seeking activity must start after expiring of the waiting period as set in
Appendix
C. Payment record
ASJRP was paid to 68 people the sum of 2 million Won in year 2008.
[Table -5-3] Payment record of the allowance for seeking job in remote place
“ASJRP”
( )
(unit: million won)
Moving Allowance shall be paid when the BQP gets employed or gets training after
expiration of the waiting period and the head of the Job Center covering the BQP’
s
resident area acknowledge that moving of residence is necessary. However, Moving
Allowance shall not be paid if the BQP ’
s employment is for a period less than 1 year
(Reg. 90 sub-regulation1 of the Regulations).
Moving Allowance paid in year 2008 is 100 million Won, has increased by 53 million
Won (112.7%) from 47 million Won of the previous year. The number of beneficiaries
1. Overview
Unpaid Benefit is made to assist, through payment of JSB, person who lost job with
his/her livelihood during the period of unemployment and help him/her to get another
job which is suitable for him/her considering his/her capability and aptitude.
When an insured person receives or attempts to receive the benefit by intentionally
failing to report his/her employment or income, by providing false information, or by
Appendix
any other wrongful method, he/she is totally ignoring the purpose and the goal of the
plan. Such activities are regarded as wrongful receipt. The benefit is either not paid or
order is made to return the paid benefit in such cases.
3. Discontinuance of Payment
Payment of UB stops from the day when the beneficiary receives or attempts to receive
the benefit by false or other wrongful method (s.6 ss.1 of the Act, R.80 of the Rules).
However, if the person did the wrongful conduct such as concealing the fact that
he/she is employed or has income or lying about his/her job seeking activities only
once, then benefit for that particular recognized unemployment period shall not be
paid and payment will be made from then on. If the wrongful conduct is committed
for a couple of times or more, then the benefit payment shall stop completely upon
the second wrongful conduct (s.61 ss.2 of the Act).
Simple error in the recording of his/her days of employment or of the amount of wages
in filling out the application form for recognition of unemployment shall not be
regarded as a wrongful conduct. When a person intentionally record wrong information
or record his/her employed days or wage amount less than what they actually were so as
to receive JSB, such conducts amount to false or other wrongful method.
2) The order making the business owner a joinder shall be made only when the
1. UB Payment Record
Amount Paid
Benefit Payment
New First time Recognized Allowance to
Year qualified beneficiaries completed Job seeking encourage
applicant beneficiaries unemployment Total
persons beneficiaries benefit re-
employment
1996 10,133 9,914 7,308 7,308 969 27,031 10,459 9,986 473
1997 51,017 50,312 48,677 40,426 28,931 260,665 78,732 76,155 2,577
1998 438,465 434,199 412,600 376,383 251,517 2,480,448 799,154 783,881 15,273
1999 327,954 325,220 462,635 303,332 404,517 2,440,410 936,185 913,948 22,237
2000 260,574 258,727 303,631 225,739 286,609 1,743,144 470,793 445,909 24,884
2001 349,148 347,303 374,286 315,211 263,344 2,743,568 845,109 787,960 57,149
2002 299,215 297,109 362,895 276.113 297,819 2,476,271 839,319 778,232 61,087
2003 379,600 375,561 433,798 344,281 310,876 2,965,339 1,030,304 950,424 79,880
2004 471,542 467,730 589,611 470,761 495,697 3,781,280 1,448,306 1,333,409 114,896
2005 565,753 562,524 696,544 546,917 539,734 4,207,599 1,751,974 1,608,714 143,260
2006 612,667 609,691 767,314 598,623 595,230 3,423,871 2,074,004 1,839,823 234,181
2007 687,765 685,024 854,400 673,243 663,938 3,538,983 2,434,032 2,123,494 310,538
2008 838,783 835,140 990,061 789,053 750,816 3,948,154 2,865,256 2,473,518 391,737
52.2% of UB beneficiaries in 2008 were from work places having less than 30
employees, and 11.3% from work places with 500 or more employees.
Male beneficiaries were 55.0% of all beneficiaries. In terms of age groups, people in
thirties were occupying 28.6% of total beneficiaries followed by people of less than
29 years old, occupying 22.9% and forties 22.7%. The payment amount has increased
throughout all age group compared to the previous year.
Chapter 1 OVERVIEW
Maternity Leave Prior and post childbirth (miscarriage and stillborn included) leave, menstruation leave
Supporting Childcare Support Nursing hours, Assistance to Childcare Facilities in Work Places
work and life
balance Childcare Leave Childcare Leave, Reduction of Working Hours during Childcare Period
Women’ s participation in the economic activity is expanding. More and more women
are taking part in the economic activities. It is one of inescapable phenomena of a
society with low childbirth rate and aging population. It is a challenge for the state,
In Korea, the rate of women taking part in the economic activities was 50.0% in 2008,
however, the rate has stalled since year 1997 when the rate was 49.8%. Many women
leave the labor market in their thirties for such reasons as pregnancy or child caring,
causing disruption to their careers. This phenomenon is named the M curve, which is
not common to men. The statistics on workers by their ages shows that the rate of
Korea, in establishing its labor market policies, not only expands the quantity but also
improves the quality of women’ s jobs.
The childbirth leave for female workers had been for 60 days until year 2001, and the
responsibility for wages during the leave period were all left to employers. Then
changes have been made upon strong public opinions of the labor circle and women
claiming that the level of maternity protection must meet the international standard3).
Appendix
The first change was made in 2001 by amending the Labor Standard Act, the Act to
promote equal employment of men and women, and the Employment Insurance Act,
so called the three maternity protection statutes. The amendments were noticed on 14
August 2001 and came into force on 1 November 2001. The changes included
3) ILO MATERNITY PROTECTION CONVENTION 2000 says; that a woman should be able to have 14 weeks of
Childbirth Leave, that the woman worker should receive during the leave not less than 2/3 of her normal wage, and
the wages during the leave must be provided through social insurance or public fund (no individual should be made
responsible for the direct monetary costs).
Chapter 2
CONTENTS OF THE MATERNITY PROTECTION
BENEFITS
Childcare benefit is paid when the following conditions are all satisfied:
� The insured must have been given childcare leave for no less than 30 days as
prescribed in the Act to Encourage Equal Employment of Men and Women;
Appendix
� The insured period of the worker must be 180 days or over on the date when the
childcare leave begins;
� The spouse of the insured, who is also insured, must not be given childcare leave
for more than 30 days in regard to the same baby of theirs;
� The insured person must apply for the benefit from 1 month after the beginning
of the leave and before 12 months after the end of the leave.
Childcare Leave Benefit, which was first introduced on 1 November 2001, was paid
to more than 10,000 people in 2005 for the first time. It was paid to 29,145 people the
sum of 98,431 million Won in 2008, increased by 37.6% in terms of beneficiaries and
by 61.4% in the payment amount. The number of people who took the childcare leave
was 42.5% of the people who took the childbirth leave in year 2008. The ratio
increased by 6.2% than year 2007 when the ratio was 36.3%.
On the other hand, the number of male workers who took the childcare leave was 355
in 2008. The number is increasing every year but the ratio of male workers taking the
childcare leave is only 1.2%, and the average of the days the male workers taking the
childcare leave is 191, which is by 25 days less than 216 days of female workers. The
figures reflect our childcare practice which put all the burden on woman.
People who do not repay the benefit they had received by wrongful means are urged
to return the money. If they do not follow the order over a certain period, such
methods as confiscation of their assets are used to recover the money.
Number of
people who Amount of Ratio of
Total amount
had received benefit paid benefit paid
Year of paid
the benefit on wrongful by wrongful
benefit by wrongful application means
means
2000 - - - -
2001 7 - - -
2002 25,668 9 4 0.016
2003 44,098 21 14 0.032
2004 61,963 28 12 0.020
2005 74,283 27 26 0.035
2006 125,407 27 29 0.023
2007 193,401 32 31 0.016
2008 265,062 49 29 0.011
* Ratio of benefit paid by wrongful means: Amount of benefit paid on wrongful application / Total Amount of Paid
Benefit x 100
1) Submitting application
Application for AEI must be in writing(s.91 of the EI Act). The adjudication
proceedings commence upon submission of the application. The proceedings are
carried out by documentary review. Therefore, an applicant who submits an
application which provides incorrect or insufficient information may not get
satisfactory result. The application must be concise and clear.
complained about. The Job Center that received the application must forward the
document to a referee within 5 days from the receipt with their opinion annexed
thereto (s.90 of the Act).
3) Receiving application
When an application is submitted to a government office, then the office must accept
the document. Even if the office receiving the application is not the proper office to
B. Transferring an application
1) When an application for AEI was submitted to a wrong government office
When a person submits the application for AEI to a wrong government office, then
the office must immediately transfer the document to the proper office and let the
person know that the document has been transferred.
2) Forwarding of the application
The head of the Job Center, whose decision is being complained of, unless the
applicant withdraws the application, must forward the application for AEI to the
referee with his/her opinion on the application annexed thereto.
A person who has objection to a decision made by a Job Center in regard to UB payments etc can be an applicant.
Applicant The Job Center shall be respondent.
The application shall be made to the referee.
Decisions regarding acquisition and loss of the status of the insured person, UB, Childcare Leave Benefit,
Object of application
Childbirth Leave Benefit
Manner of application In accordance with the manner prescribed in the Employment Insurance Act
Time of application Within 90 days from the date when the applicant were informed of the decision.
2) Object of adjudication
Section 87 subsection 1 of the Employment Insurance Act prescribes the object of the
adjudication as follows:
may file for adjudication and appeal against the decision made in the Adjudication.
Therefore, among the decisions of the Job Center the following only may be
subjected to AEI under section 87 of the Employment Insurance Act:
① confirmation of the acquisition and the loss of the insured person status;
② UB;
③ Childbirth Leave Benefit and Childcare Leave Benefit.
3) Time of application
The application must be filed within 90 days from the date either when the decision
Appendix
was made or when the applicant gets to be aware of the decision. An application filed
after that filing period shall be dismissed as unsuitable. The“date when the applicant
gets to be aware of the decision”means the day when the applicant gets to know the
decision through notice, public notice, or any other means. The“date when the
decision was made”means the day when the decision becomes effective.
In regard to the notice by the administrative office, if the notice advises, by mistake,
the application period longer than it actually is, then the application made within the
D. Adjudgment
2) Limitations on decision
The referee cannot make a decision on the matter that is not raised in the application.
Nor can he make a decision that is more disadvantageous than the decision
complained against.
3) Suspension of execution
Application for AEI does not suspend execution of the original decision made by the
Job Center. However, if the referee regards that it is necessary to suspend the original
decision in order to prevent serious damage to be caused by the original decision, he
or she may suspend execution of the original decision (s.9 of the Act).
5) Time of decision
The decision of AEI must be made within 30 days from the date when the original
decision making office (respondent in the application) receives the application for
AEI. However, extension for once for a period no more than 10 days, when there is a
compelling reason, is allowed.
1) Parties
The applicant is the person whose rights or interest had been invaded by the decision
of the head of the Job Center who made the original decision. The head of the Job
Center shall be respondent in the review proceedings.
The RC must notice the applicant and the referee of the date and place for hearing of
the review at least 3 days prior to the hearing date. The notice must be in writing. The
notice may be served in person or by registered post. The parties may present their
cases to the RC in writing or by word of mouth.
E. Adjudgment
The RC must make a ruling within 50 days from receipt of the request for a review.
The ruling must be in writing. When a decision is made, the RC must send the
original copy of the ruling to the applicant and the head of local Job Center.
Decisions included are rejection, dismissal, and cancellation.
A person who objects the decision by the RC may file an administrative litigation to
the Administrative Court within 90 days from the date of receiving the original copy
of the RC decision.
Disposal
Carry
Distinction Request Cancellation
Total Rejection Dismissal Withdrawal over
Cases %
3) Evaluation
The number of total request in year 2008 was 108, increased by 28.5% (24 cases)
from 84 cases of the previous year. Cancellation rate in year 2008 was 16.6%,
reduced from 26.6% of the previous year.
Appendix
Year 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008
Number at the
6,054,479 6,747,263 6,908,888 7,171,277 7,203,347 7,576,856 8,063,797 8,536,966 9,063,301 9,385,239
end of year
(Increase ratio
compared to the (14.9) (11.4) (2.4) (3.8) (0.4) (5.2) (6.4) (5.9) (6.2) (3.6)
previous year)
Acquisition 3,330,353 3,695,723 3,435,154 3,692,771 3,449,449 3,764,995 4,264,292 4,429,144 4,642,261 4,838,866
Loss 2,499,662 2,981,558 3,234,745 3,404,669 3,394,502 3,364,005 3,720,733 3,894,942 4,061,173 4,453,152
※ The statistics on the insured people counted constant workers only. Daily workers (workers with less than 1
month employment period) are excluded because of the problem related to the timeliness of the report on the
details of works in retrospect.
Year Increase
2002 2003 2004 2005 2006 2007 2008 rate
100 100 100 100 100 100 100
Total 3.6
(7,171,277) (7,203,347) (7,576,856) (8,063,797) (8,536,966) (9,063,301) (9,385,239)
Less than 20 1.4 1.1 0.9 0.8 0.6 0.6 0.5 -10.2
※ Increase rates are in comparison with the number of total insured people in the previous year. The figures in ( )
represent the number of total insured people.
Mining 0.2
Year Increase
2002 2003 2004 2005 2006 2007 2008 rate
100 100 100 100 100 100 100
Total 3.6
(7,171,277) (7,203,347) (7,576,856) (8,063,797) (8,536,966) (9,063,301) (9,385,239)
Less than 5 16.9 14.7 16.9 16.0 15.9 16.0 15.9 2.7
100 ~ 299 14.6 14.6 14.1 14.4 14.3 13.9 13.9 3.4
300 ~ 999 11.1 10.9 10.7 11.0 10.4 10.1 10.5 7.5
Over 1,000 15.1 16.7 15.8 15.1 16.5 16.6 16.3 1.7
※ Increase rates are in comparison with the number of total insured people in the previous year.
[Table 5] Record of income and expenditure of the fund for year 2008
(unit: million won)
Income Expenditure
Total 9,022,381 계 9,022,381
Subsidy to SMEs changing into shift work plan Jo, Won-shik 7390 herennow77@molab.go.kr
〃 〃 〃
Subsidy to assist job change
〃 〃 〃
Jung, Jin-woo 7267 jjjw35@hanmail.net
Aid for JCDTs by business owners
Min, Gwang-jei 7263 redzone71@nate.com
Bae, Sang-hoon 7265 psh654@hanmail.net
Aid for workers capability development
Ko, Yeon-ju 7262 frts25@molab.go.kr
Subsidy for continuous employment after pregnancy Choi, Sang-un 7294 upluck@molab.go.kr
and childbirth Lim, Se-young 7296 sylis@molab.go.kr
Subsidy for Promotion of Employment of the Aged Park, Chung-kon 7312 captain2222@molab.go.kr