The “causes prescribed by the Presidential Decree” in the proviso of Article 70 (2) of the Act refer to the following causes：[Amended by Presidential Decree No. 23513, Jan. 13, 2012]
1. Natural disasters；
2. Diseases or injuries of the principal or spouse；
3. Diseases or injuries of the lineal ascendants and descendants of the principal or his/her spouse；
4. Mandatory military services under the Military Service Act；and
5. Detention or execution of sentence on criminal charges

(1) The monthly amount of child care leave benefits under Article 70 (1) shall be calculated according to the following classification:

1. For three months from the first day of a child care leave: An amount equivalent to 80/100 of the ordinary monthly wage as of the first day of the child care leave: Provided That where such amount exceeds 1.5 million won, it shall be adjusted to 1.5 million won; and where such amount is less than 700,000 won, it shall be adjusted to 700,000 won;

2. Until the last day of a child care leave from the start day of the fourth month: An amount equivalent to 50/100 of the ordinary monthly wage as of the first day of the child care leave: Provided That where such amount exceeds 1.2 million won, it shall be adjusted to 1.2 million won, and where such amount is less than 700,000 won, it shall be adjusted to 700,000 won.

(2) In cases of the divided use of a child care leave pursuant to Article 19-4 (1) of the Equal Employment Opportunity and Work-Family Balance Assistance Act, the total period of each child care leave shall be deemed the period for child care leave benefits under paragraph (1).

(3) Where the period for child care leave benefits is less than one month, the amount of such benefits shall be the amount obtained by multiplying the amount calculated on a pro rata daily basis (hereinafter referred to as “prorated daily amount”) of the monthly wages under any of subparagraphs of paragraph (1) by the number of days of the child care leave in the relevant month.

(4) The amount equivalent to 75/100 of the child care leave benefits under paragraphs (1) and (3) (referring to any of the following amounts in cases falling under any of the following subparagraphs) shall be paid every month and the residual amount thereof shall be paid in lump sum to an employee who returns to the workplace after the child care leave and continues to work for at least six months: Provided, That even where the employee fails to work continuously for at least six months for good reason as prescribed by Ordinance of the Ministry of Employment and Labor under subparagraph 2 (c) of Article 58 of the Act, the remaining amount shall be paid. :

1. Where child care leave benefits are paid pursuant to paragraph (1) and the amount equivalent to 75/100 of the child care leave benefits is less than the minimum payment under each subparagraph of paragraph (1): The minimum payment under each subparagraph of paragraph (1);

2. Where child care leave benefits are paid pursuant to paragraph (3) and the amount equivalent to 75/100 of the child care leave benefits is less than the prorated daily amount of the minimum payment under each subparagraph of paragraph (1): The prorated daily amount of the minimum payment under each subparagraph of paragraph (1).

[This Article Wholly Amended on Dec. 31, 2010]

Notwithstanding Article 95, where parents take turns using a child care leave for the same child, the child care leave benefits for the first three months payable to the insured employee who subsequently takes a child care leave shall amount to his or her ordinary monthly wage. In such cases, the maximum amount per month shall be 2.5 million won:

1. Deleted;

2. Deleted;

(2) Notwithstanding paragraph (1), where parents' periods of child care leave for the same child overlap, Article 95 shall apply to child care leave benefits for that period.

(3) Notwithstanding Article 95 (1), where a mother or father who is insured under subparagraph 1 of Article 4 of the Single-Parent Family Support Act takes a child care leave, child care leave benefits shall be determined as follows:

1. From the date of commencement of child care leave until three months: An amount of his or her ordinary monthly wage based as of the date of commencement of child care leave. In such cases, the maximum amount per month shall be 2.5 million won;

2. From the fourth month of childcare leave until the sixth month: An amount equivalent to 80/100 of the his or her ordinary monthly wage as of the date of commencement of child leave. In such cases, the maximum amount per month shall be 1.5 million won;

3. From the seventh month of childcare leave until expiration thereof: An amount equivalent to 50/100 of his or her ordinary monthly wage as of the date of commencement of child care leave. In such cases, the maximum amount per month shall be 1.2 million won.

[This Article Newly Inserted on Sep. 30, 2014]

An insured employee shall state his or her severance or employment in an application for child care leave benefits first filed after the day his or her employment is severed or he or she is employed pursuant to Article 70 (3) of the Act.

Article 97 (Application Mutatis Mutandis

The provisions of Article 81 shall apply mutatis mutandis to restrictions on the payment of child-care leave benefits paid pursuant to Article 70 (1) of the Act, an order to return them, etc. In this case, “job-seeking benefits” shall be read as “Child-Care Leave Benefits.”

Where an insured employee has received money and valuables for reasons of child care leave from the relevant business owner during a child care leave prescribed in Article 19 of the Equal Employment Opportunity and Work-Family Balance Assistance Act and an amount calculated by aggregating the money and valuables received on a monthly basis during the child care leave and an amount equivalent to 75/100 of the child care leave benefits under Article 95 (1) and (3) (where the amount is less than the minimum payment under each subparagraph of Article 95 (1), referring to the relevant amount under each subparagraph of Article 95 (4)) exceeds the insured employee’s ordinary monthly wage as of the start day of the child care leave, the Minister of Employment and Labor shall, pursuant to Article 73 (3) of the Act, pay an amount calculated by subtracting the excessive amount from the amount equivalent to 75/100 of the child care leave benefits under Article 95 (1) and (3) (where the amount is less than the minimum payment under each subparagraph of Article 95 (1), referring to the amount under each subparagraph of Article 95 (4)).

The head of an Employment Security Office may, if deemed necessary, and at the request of an insured person, deal with affairs related to child-care leave benefits by entrusting them to the head of another Employment Security Office.

Article 94 shall apply mutatis mutandis to reasons for the extension of the period allowed for application for maternity leave benefits or miscarriage or stillbirth benefits or paternity leave benefits (hereinafter referred to as "maternity leave benefits, etc.") prescribed in the proviso to subparagraph 2 of Article 75 of the Act.

[Title Amended by Jul. 10, 2012]

The maximum and minimum amount of maternity leave benefits, etc. payable to an insured employee pursuant to Article 76 (2) of the Act shall be as follows:

1. Maximum amount: The amount publicly notified by the Minister of Employment and Labor every year, taking into account the following matters:

(a) Average ordinary wages of recipients of maternity leave benefits, etc.;

(b) The inflation rate;

(c) The minimum wage under the Minimum Wage Act;

(d) Other matters deemed necessary by the Minister of Employment and Labor;

2. Minimum amount: The amount equivalent to the ordinary wage for the period eligible for maternity leave benefits, etc. calculated by applying the hourly minimum wage as the hourly ordinary wage, where the employee's hourly ordinary wage is less than the minimum wage per hour under the Minimum Wage Act applicable as at the time when the period the maternity leave, miscarriage, or stillbirth leave or paternity leave under Article 18-2 of the Equal Employment Opportunity and Work-Family Balance Assistance Act (hereinafter referred to as "paternity leave") commences (hereinafter referred to as "minimum hourly wage").

[Title Amended on Jul. 10, 2012]

The provisions of Article 96 shall apply mutatis mutandis to the report, etc. on employment during maternity leave or miscarriage or stillbirth leave. In this case, “child-care leave benefits” shall be read as “maternity leave benefits”.

The provisions of Article 81 shall apply mutatis mutandis to restrictions on the payment of maternity leave benefits, etc. paid pursuant to Article 75 of the Act, an order to return them, etc. In this case, “job-seeking benefits” shall be read as “maternity leave benefits.”

Where an insured employee has received money and valuables, as prescribed in Article 73 (3) of the Act applied mutatis mutandis under Article 77 of the Act, that amount to the ordinary wage from the relevant business owner during the period of maternity leave, miscarriage, or stillbirth leave or paternity leave and where the aggregates of the money and valuables accepted from the business owner and the maternity leave benefits, etc. paid under Article 75 of the Act exceeds the ordinary wage as of the first day of the leave, the Minister of Employment and Labor shall pay the amount calculated by subtracting the excess amount from the maternity leave benefits, etc.: Provided, That this shall not apply where the insured employee had a raise in her ordinary wage during her leave period and thus the business owner paid the difference between the increased ordinary wage and the maternity leave benefits, etc.

[Title Amended on Jul. 10, 2012]

(1) Article 94 shall apply mutatis mutandis to the ground for extension of the period of application for the benefits for reduced working hours during the infant care period pursuant to the proviso to Article 73-2 (2) of the Act. In such cases, "child care leave benefits" shall be deemed "benefits for reduced working hours during the period of child care".

(2) The amount of benefits for reduced working hours during the period of child care prescribed in Article 73-2 (3) of the Act shall be determined in accordance with the following formula: Provided, That where the period eligible for the benefits for reduced working hours during the period of child care is less than one month, such benefits shall be calculated by multiplying the amount computed by dividing the amount obtained according to the following formula by the number of days in the relevant month, by the number of days when the reduced working hours during child care period are applied:

[This Article Newly Inserted on Sep. 15, 2011]

[Previous Article 104-2 moved to Article 104-2 ]

(1) With respect to payment restriction, return order, etc. of benefits for working hour reduction during child-rearing periods under Article 73-2 (1) of the Act, Article 81 shall apply mutatis mutandis. In this case, the term “job-seeking benefits” shall be read as “benefits for working hour reduction during child-rearing periods.”
(2) With respect to report, etc. on employment while working hour reduction period during the child-rearing period, Article 96 shall apply mutatis mutandis. In this case, the term “child-care leave benefits” shall be read as “benefits for working hour reduction during child-rearing periods.”
<This Article Newly Inserted by Presidential Decree No. 23139, Sep. 15, 2011>

Where an amount calculated by aggregating the money and valuables an insured employee has received on a monthly basis from the relevant business owner (referring to wages, and money and valuables received due to reduction in working hours during the infant care period) while working hours have been reduced during the infant care period under Article 19-2 of the Equal Employment Opportunity and Work-Family Balance Assistance Act and the benefits for reduced working hours during the infant care period under Article 73-2 of the Act exceeds the following relevant ordinary wages, the Minister of Employment and Labor shall, pursuant to Article 74 (2) of the Act, pay an amount calculated by subtracting the excess amount from the amount of benefits for reduced working hours during the infant care period:

1. Where the ordinary wage has not been raised while working hours have been reduced during the infant care period: Ordinary monthly wage based on the month immediately preceding the month to which the commencement date of reduction in working hours during the infant care period belongs;

2. Where the ordinary wage has been raised while working hours have been reduced during the infant care period: The following relevant ordinary wages:

(a) Until the day before the ordinary wage has been raised: The ordinary monthly wage based on the month immediately preceding the month to which the commencement date of reduction in working hours during the infant care period belongs;

(b) On or after the date the ordinary wage has been raised: The ordinary monthly wage based on the date the ordinary wage is raised.

[This Article Newly Inserted on Sep. 15, 2011]