【正文】 SECTION 1 COLLECTIVE CONTRACT (7) Other circumstances specified in laws or administrative statutes. Article 47An Employee shall be paid severance pay based on the number of years worked with the Employer at the rate of one month’s wage for each full year worked. Any period of not less than six months but less than one year shall be counted as one year. The severance pay payable to an Employee for any period of less than six months shall be onehalf of his monthly wages. If the monthly wage of an Employee is greater than three times the average monthly wage of employees in the Employer’s area as published by the People’s Government at the level of municipality directly under the central government or municipality divided into districts of the area1 where the Employer is located, the rate for the severance pay paid to him shall be three times the average monthly wage of employees and shall be for not more than 12 years of work. For the purposes of this Article, the term “monthly wage” means the Employee’s average monthly wage for the 12 months prior to the termination or ending of his employment contract. Article 48If an Employer terminates or ends an employment contract in violation of this Law and the Employee demands continued performance of such contract, the Employer shall continue performing the same. If the Employee does not demand continued performance of the employment contract or if continued performance of the employment contract has bee impossible, the Employer shall pay damages pursuant to Article 87 hereof. Article 49The state will take measures to establish a prehensive system that enables Employees’ social insurance accounts to be transferred from one region to another and to be continued in such other region. Article 50At the time of termination or ending of an employment contract, the Employer shall issue a proof of termination or ending of the employment contract and, within 15 days, carry out the procedures for the transfer of the Employee’s file and social insurance account. The Employee shall carry out the procedures for the handover of his work as agreed by the parties. If relevant provisions of this Law require the Employer to pay severance pay, it shall pay the same upon pletion of the procedures for the handover of the work. The Employer shall keep terminated or ended employment contracts on file for not less than two years, for reference purposes. (5) The employment contract is a fixed–term contract that ends pursuant to item (1) of Article 44 hereof, unless the Employee does not agree to renew the contract even though the conditions offered by the Employer are the same as or better than those stipulated in the current contract。 (3) The employment contract is terminated by the Employer pursuant to Article 40 hereof。 or (6) Another circumstance specified in laws or administrative statutes arises. Article 45If an employment contract expires and any of the circumstances specified in Article 42 hereof applies, the term of the employment contract shall be extended until the relevant circumstance ceases to exist, at which point the contract shall end. However, matters relating to the ending of the employment contract of an Employee who has lost or partially lost his capacity to work as specified in item (2) of Article 42 hereof shall be handled in accordance with state regulations on workrelated injury insurance. Article 46In any of the following circumstances, the Employer shall pay the Employee severance pay: (1) The employment contract is terminated by the Employee pursuant to Article 38 hereof。 (4) The Employer is declared bankrupt。 (2) The Employee has menced drawing his basic old age insurance pension in accordance with the law。 (5) Has been working for the Employer continuously for not less than 15 years and is less than 5 years away from his legal retirement age。 (3) Has contracted an illness or sustained a nonworkrelated injury, and the set period of medical care therefore has not expired。 or (3) Who are the only ones in their families to be employed and whose families have an elderly person or a minor for whom they need to provide. If an Employer that has reduced its workforce pursuant to the first paragraph hereof hires again within six months, it shall give notice to the persons dismissed at the time of the reduction and, all things being equal, hire them on a preferential basis. Article 42An Employer may not terminate an employment contract pursuant to Article 40 or Article 41 hereof if the Employee: (1) is engaged in operations exposing him to occupational disease hazards and has not undergone a predeparture occupational health checkup, or is suspected of having contracted an occupational disease and is being diagnosed or under medical observation。 or (4) Another major change in the objective economic circumstances relied upon at the time of conclusion of the employment contracts, rendering them unperformable. When reducing the workforce, the Employer shall retain with priority persons: (1) Who have concluded with the Employer fixedterm employment contracts with a relatively long term。 (2) Serious difficulties in production and/or business operations。 (2) The Employee is inpetent and remains inpetent after training or adjustment of his position。 (5) causes the employment contract to be invalid due to the circumstance specified in item (1) of the first paragraph of Article 26 hereof。 (3) Commits serious dereliction of duty or practices graft, causing substantial damage to the Employer。 (6) Gives rise to another circumstance in which laws or administrative statutes permit an Employee to terminate his employment contract. If an Employer uses violence, threats or unlawful restriction of personal freedom to pel an Employee to work, or if an Employee is instructed in violation of rules and regulations or peremptorily ordered by his Employer to perform da