CHAPTER Ⅰ GENERAL PROVISIONS
The purpose of this Act is, through the enforcement of employment insurance, to prevent unemployment, to promote employment, to develop and improve the vocational ability of workers, to strengthen the nation’s vocational guidance and job placement capacity and to stabilize the livelihood of workers and promote their job-seeking activities, by granting necessary benefits when they are out of work, thereby contributing to economic and social development of the nation.
The terms used in this Act are defined as follows:
| 1. | “The insured” means the workers who are insured in accordance with the provisions set forth in Articles 9 (1) and (2), and 10 (1); |
| 2. | “Separation” means the termination of the employment relationship between the insured and the business owner; |
| 3. | “Unemployment” means the condition in which the insured is out of employment and remains unemployed in spite of his will and ability to work; and |
| 4. | “Wages” and “ordinary wages” mean wages and ordinary wages conforming to the Labor Standards Act: Provided, That in case wages cannot be determined in accordance with the Labor Standards Act, the amount of money determined and published by the Minister of Labor shall be considered as wages. |
| Article 3 (Management of Insurance) |
The Minister of Labor shall take charge of the employment insurance (hereinafter referred to as “insurance”).
| Article 4 (Employment Insurance Activities) |
| (1) | In order to achieve the purpose of Article 1, the insurance shall put into practice activities for employment security, development of vocational abilities and payment of unemployment benefits. |
| (2) | The insurance year for the activities of the employment insurance (hereinafter referred to as “insurance activities”) shall be the same as the fiscal year of the Government. |
| Article 5 (Assistance from State Treasury) |
The Government may provide from its general account all or part of the expenses required annually for the management and operation of the insurance activities.
| Article 6 (Deliberation of Employment Policy Council) |
Important matters related to the enforcement of this Act shall be deliberated by the Employment Policy Deliberation Council (hereinafter referred to as the “Employment Policy Council”).
| Article 7 (Scope of Application) |
This Act shall apply to all businesses and work places (hereinafter referred to as “business”): Provided, That it shall not apply to those businesses separately provided for in the Presidential Decree in consideration of their size.
| Article 8 (Workers Exempt from Application) |
This Act shall not be applied to workers described in each of the following subparagraphs: <Amended by Act No. 5226, Dec. 30, 1996>
| 1. | Those who are newly employed after age 60; |
1-2. Those who are not less than 65 years of age;
| 2. | Part-time workers (those whose fixed weekly work days or work hours when compared with those of ordinary workers engaged in similar work at the same work place are less than the rate determined by the Ministerial Decree of Labor); |
| 3. | Daily workers (including workers employed by the day or for a specific period of employment of three months or less except workers who have been employed for three months or more) who fall under the standards determined by the Presidential Decree; |
| 4. | Workers employed for seasonal or temporary projects: Provided, That those who work continuously exceeding the period determined by the Presidential Decree shall be excluded; |
| 7. | Other persons determined by the Presidential Decree. |
| Article 8-2 (Investigation and Study Related to Employment Insurance) |
| (1) | The Minister of Labor may carry out investigation and study projects in order to support research on the labor market and occupations and to assist employment insurance related work. |
| (2) | The Minister of Labor, when it is deemed necessary, may have part of the functions referred to in paragraph (1) executed by proxy as provided by the Presidential Decree. |
[This Article Added by Act No. 5226, Dec. 30, 1996]
CHAPTER Ⅱ THE INSURED AND THE INSURANCE RELATIONSHIP
| (1) | The business owner and the workers shall automatically become the insured: Provided, That the business owner and workers stipulated in the proviso of Article 7 and the workers excluded by the provisions of Article 8 shall be excluded. |
| (2) | In case the business owner provided for in the proviso of Article 7 obtains the approval of the Minister of Labor with the agreement of the majority of his workers (excluding the workers under Article 8 and this shall apply to this paragraph and paragraph (3)), the business owner and workers concerned may be insured. |
| (3) | In case the business owner and workers insured under paragraph (2) intend to cancel the insurance, the business owner concerned must obtain the approval of the Minister of Labor with the agreement of two-thirds or more of the workers; however, such cancellation may take place only after one year has passed since the establishment of the insurance relationship. |
| (4) | When the Minister of Labor deems it impossible to maintain an insurance relationship, he may cancel the insurance relationship concerned. |
| (5) | When projects are to be undertaken by a series of contracts for work, the original contractor shall be regarded as the business owner contracted to do those projects subject to the application of this Act: Provided, That if the original contractor causes a subcontractor to pay premiums through written contracts, and the Minister of Labor approves it upon request by the original contractor, the subcontractor shall be regarded as the business owner contracted to do those projects subject to the application of this Act. |
| Article 10 (Fictitious Insured Status) |
| (1) | In case the business whose business owner and workers are automatically to become insured under Article 9 (1), becomes the kind of business designated by the proviso of Article 7 due to the change of its scale, etc., the business owner and workers concerned are considered to be insured under Article 9 (2) from the date the status of the business is changed. |
| (2) | The provisions of Article 9 (3) shall apply mutatis mutandis to the cancellation of the insurance by the business owner and workers of paragraph (1). |
| Article 10-2 (Block Application of Businesses) |
| (1) | In the case that an individual business operated by an business owner who is an automatic member of the insurance under Article 9 (1), meets each of the following conditions, all of that business owner’s individual businesses shall be deemed as one business in the application of this Act: |
| 1. | Where the business owner is the same person; |
| 2. | Where each project has a specified period; and |
| 3. | Where the type of business and total annual amount of construction costs, etc., fit the conditions determined by the Presidential Decree. |
| (2) | In the case where the business owner, other than the business owner subject to the block application under paragraph (1), intends to be subject to the application of this Act, considering all of the individual businesses meeting the conditions of subparagraphs 1 and 2 of the same paragraph as a business, he must obtain the consent of a majority of the workers (excluding the non-applicable workers referred to in Article 8, and the same shall apply to paragraph (3)) and the approval of the Minister of Labor. In this case, as long as the block application relation is not canceled under paragraph (3), the business owner concerned shall be deemed as continuously subject to the block application of all individual businesses during the years following the termination of the insurance year. |
| (3) | In the case where the business owner subject to block application under paragraph (2) intends to cancel the block application relationship, he must have the consent of a two-thirds majority of the workers and the approval of by the Minister of Labor. In this case, the cancellation of the block application relation shall enter into force for insurance relations of the following insurance year. |
[This Article Added by Act No. 5226, Dec. 30, 1996]
| Article 11 (Date of Establishment of Insurance Relationship) |
The insurance relationship with the business owner shall be established on the following date:
| 1. | The date business is initiated, for a business whose business owner and workers are insured automatically under Article 9 (1): Provided, That in the case of a business designated by the proviso of Article 7, the date such a business becomes the kind of enterprise designated by the provisions of Article 9 (1), whose business owner and workers are to become insured automatically; and |
| 2. | For the business that obtains the approval of the Minister of Labor under Article 9 (2), the date shall be the day after the approval is obtained. |
| Article 12 (Date of Termination of Insurance Relationship) |
The insurance relationship to the business owner shall terminate according to the following dates:
| 1. | The day after the business is closed or finished; |
| 2. | In case of the cancellation of the insurance under Article 9 (3) (including the corresponding application described in Article 10 (2)), the day after the approval of the Minister of Labor is obtained; and |
| 3. | The day after the Minister of Labor determines and gives notice of the termination of the insurance relationship under Article 9 (4). |
| Article 13 (Report on Insured) |
| (1) | The business owner shall report to the Employment Security Office about his workers’ acquisition or loss of qualification for the insured and other matters determined by the Presidential Decree. |
| (2) | When the original contractor becomes the business owner under Article 9 (5), the subcontractor shall, under paragraph (1), report on matters concerning his workers, other than the workers belonging to the original contractor. |
| Article 14 (Confirmation of Qualifications for Insured) |
| (1) | The insured or those who were formerly insured may at any time request the head of the Employment Security Office to confirm the acquisition or loss of their qualifications for the insured under the conditions prescribed by the Presidential Decree. |
| (2) | The head of the Employment Security Office shall, under the conditions prescribed by the Presidential Decree, upon receiving the report of the employer under Article 13, upon receiving the claim of the insured or those who was the insured under paragraph (1), or ex officio, confirm the acquisition or loss of the qualifications of persons insured. |
CHAPTER Ⅲ EMPLOYMENT STABILIZATION ACTIVITIES
| Article 15 (Implementation of Employment Stabilization Activities) |
| (1) | In the case of a labor power shortage or unstable employment situation caused by business fluctuations at home or abroad, changes in the industrial structure or shrinkage in employment opportunities, the Minister of Labor implements activities for employment stabilization such as prevention of job loss, acceleration of reemployment, and expansion of employment opportunities, for the insured or formerly insured etc. (hereinafter referred to as the “insured, etc.”). |
| (2) | In implementing the activities for employment stabilization provided in paragraph (1), the Minister of Labor shall give priority to enterprises whose number of workers and other conditions meets the standards set forth by the Presidential Decree. <Amended by Act No. 5226, Dec. 30, 1996> |
| Article 16 (Support of Employment Adjustment) |
| (1) | For the business owner whose adjustment of employment is unavoidable due to business fluctuations or the change of industrial structure causing the downsizing of enterprises or the stoppage or transfer of enterprises, the Minister of Labor may, under the conditions prescribed by the Presidential Decree, provide necessary support for the suspension of work, the conducting of vocational training necessary for job conversions, the redisposition of labor power, or other measures for workers’ employment security. <Amended by Act No. 5226, Dec. 30, 1996> |
| (2) | The Minister of Labor may provide necessary assistance for the business owner who takes measures for the employment security of workers in an unstable employment situation, such as employing workers separated from jobs due to employment adjustment as in paragraph (1), under the conditions stipulated by the Presidential Decree. <Added by Act No. 5226, Dec. 30, 1996> |
| (3) | The Minister of Labor may, in providing the assistance referred to in paragraph (1), give priority assistance to the business owner who falls under a business category or is located in a region referred to in Article 26 of the Framework Act on Employment Policy. <Amended by Act No. 5226, Dec. 30, 1996> |
| Article 17 (Promotion of Local Employment) |
The Minister of Labor may, under the conditions prescribed by the Presidential Decree, provide necessary support to business owners who move their businesses to, or begin or expand businesses in, regions where employment opportunities are unusually deficient or the employment situation is rapidly deteriorating due to changes in industrial structure, etc., thereby contributing to the prevention of unemployment and the promotion of reemployment; and to business owners who take necessary measures to expand local employment opportunities.
| Article 18 (Employment Promotion for Aged, etc.) |
In order to promote the employment of the aged and others (hereinafter referred to as the “aged, etc.”) who have special difficulty finding employment under the normal conditions of the labor market, the Minister of Labor may, under the conditions prescribed by the Presidential Decree, provide necessary support to business owners who employ the aged, etc., newly or take necessary measures for their employment security.
| Article 18-2 (Support for Employment Stabilization of Construction Workers, etc.) |
| (1) | The Minister of Labor may provide necessary support for the business owner who carries out such activities as described in the following subparagraphs, for construction workers, etc., in an unstable employment situation according to the conditions determined by the Presidential Decree: |
| 1. | Activities to improve the employment situation; |
| 2. | Activities for employment stabilization such as providing opportunities for continued employment; and |
| 3. | Other activities for employment stabilization as determined by the Presidential Decree. |
| (2) | The Minister of Labor may also provide support to an business owners’ association in connection with the activities listed in any of the subparagraphs of paragraph (1), in the case where it is difficult for one business owner alone to carry out the employment stabilization activities and where this is in accordance with the Presidential Decree. |
[This Article Added by Act No. 5226, Dec. 30, 1996]
| Article 19 (Support for Employment Promotion Facilities) |
The Minister of Labor may, under the conditions prescribed by the Presidential Decree, provide support for the establishment and operation of living quarters for migrant workers, facilities for promotion of the employment of female workers, facilities for counseling on job placement and employment problems and other facilities, for the promotion of employment as stipulated by the Presidential Decree.
| Article 20 (Furnishing of Employment Information and Vocational Guidance, etc.) |
| (1) | The Minister of Labor may carry out activities for business owners, the insured and other job-seekers, such as furnishing information about job offers, job seekers or other employment information, vocational guidance, job placement, and deployment of the professional manpower needed for these, under the conditions determined by the Presidential Decree. <Amended by Act No. 5226, Dec. 30, 1996> |
| (2) | The Minister of Labor may, if necessary, delegate a part of his assignment under paragraph (1) to those who are designated by the Presidential Decree. |
CHAPTER Ⅳ ACTIVITIES FOR VOCATIONAL ABILITY DEVELOPMENT
| Article 21 (Implementation of Vocational Ability Development Activities) |
| (1) | The Minister of Labor shall provide the insured, etc. with opportunities to develop and improve their vocational ability throughout the period of their employment and implement support activities for the development and improvement of vocational ability. |
| (2) | In implementing the vocational ability development activities stipulated in paragraph (1), the Minister of Labor shall give priority to enterprises whose number of workers, etc., meets the standards prescribed by the Presidential Decree. <Amended by Act No. 5226, Dec. 30, 1996> |
| Article 22 (Assistance for Vocational Training) |
The Minister of Labor may provide support for the expenses of vocational training to the business owner who carries out vocational training as determined by the Presidential Decree for the development and improvement of vocational abilities of the insured, etc. under the conditions determined by the Presidential Decree. <Amended by Act No. 5226, Dec. 30, 1996>
| Article 23 (Support for Education and Training, etc.) |
The Minister of Labor may establish a plan for the development and improvement of vocational abilities of the insured, etc., and provide education and training to job-seekers or unemployed persons in order to give them knowledge and skills necessary for employment or helping them adapt themselves to the work environment, and he may, under the conditions prescribed by the Presidential Decree, subsidize part of the expenses of employers, who give paid leave for the development of the vocational ability of the insured (the monthly and annual paid leaves under Articles 47 and 48 of the Labor Standards Act are excluded), or who execute or support other training or lectures for the development and improvement of the vocational ability of the insured as determined by the Presidential Decree.
| Article 23-2 (Expense-Support Standards, etc.) |
In the case where the Minister of Labor provides support for the expenses of the business owner pursuant to Articles 22 and 23, the amount of such support shall be the amount of the vocational ability development premium from among the estimated premium of the year concerned as referred to in Article 60 multiplied by the ratio as determined by the Presidential Decree, and the limit shall be determined by the Presidential Decree. [This Article Added by Act No. 5226, Dec. 30, 1996]
| Article 24 (Reemployment Training for Unemployed) |
The Minister of Labor may, if necessary, conduct vocational training, education and lectures for the promotion of reemployment of the unemployed under the conditions prescribed by the Presidential Decree.
| Article 25 (Support for Vocational Training Facilities, etc.) |
| (1) | If it is deemed necessary for the development and improvement of the vocational ability of the insured, etc., the Minister of Labor may, under the conditions prescribed by the Presidential Decree, loan the expenses required to set up vocational facilities and to purchase equipment, and provide support for the expenses involved in the establishment and operation of the vocational training facilities as determined by the Minister of Labor. |
| (2) | The Minister of Labor may where deemed necessary for the development and improvement of the vocational abilities of the insured, etc., provide assistance or loans toward the expenses necessary to set up vocational training facilities run by the business owner or business owners’ association, etc., and to purchase equipment under the conditions stipulated by the Presidential Decree. <Amended by Act No. 5226, Dec. 30, 1996> |
| Article 26 (Promotion of Vocational Abilities Development) |
| (1) | The Minister of Labor may carry out activities falling under the categories of any of the following subparagraphs, for the development and improvement of vocational abilities of the insured, etc., or provide the expenses necessary for such implementation to those who carry them out: |
| 1. | Technical assistance activities related to vocational abilities development work; |
| 2. | Activities promoting skills and technology; and |
| 3. | Other activities as determined by the Presidential Decree. |
| (2) | The Minister of Labor may provide the necessary expenses to concerned workers, where workers who are insured receive education or make efforts otherwise to develop or improve their vocational abilities, under the conditions determined by the Presidential Decree. |
[Wholly Amended by Act No. 5226, Dec. 30, 1996]
| Article 26-2 (Assistance for Vocational Abilities Development of Construction Workers, etc.) |
| (1) | The Minister of Labor may provide necessary expenses to the business owner for implementation of activities for the development and improvement of vocational abilities as stipulated by the Presidential Decree, for workers in unstable employment situations such as construction workers, etc. |
| (2) | The Minister of Labor may also provide assistance to an business owners’ association in connection with the activities mentioned in paragraph (1) where it is difficult for the business owner alone to carry out the vocational abilities development activities and where this is in accord with the Presidential Decree. |
[This Article Added by Act No. 5226, Dec. 30, 1996]
| Article 27 (Delegation of Assignment) |
The Minister of Labor may, if necessary, delegate a part of his assignment under Articles 21 through 26 to others as designated by the Presidential Decree.
CHAPTER Ⅴ UNEMPLOYMENT BENEFITS
Section 1 General Provisions
| Article 28 (Kinds of Unemployment Benefits) |
| (1) | Unemployment benefits are divided into job-seeking benefit and employment promotion allowance. <Amended by Act No. 5226, Dec. 30, 1996> |
| (2) | Employment promotion allowance shall include the following: |
| 1. | Early reemployment allowance; |
| 2. | Vocational ability development allowance; |
| 3. | Wider area job-seeking expenses; and |
| Article 29 (Protection of Right to Receive Benefits) |
The right to receive unemployment benefits shall neither be transferable nor be offered as a security nor be subject to attachment.
| Article 30 (Exceptions to Daily Workers) |
The matters concerning unemployment benefits and unemployment benefits premiums for daily workers shall be determined by a separate Act.
| Article 30-2 (Extension of Application of Unemployment Benefits) |
In the case where a person who has reported unemployment as referred to in Article 33 and been subject to the provisions of this Chapter arrives at the age of 65, notwithstanding the provisions of subparagraphs 1 and 2 of Article 8, the provisions of this Chapter shall apply. [This Article Added by Act No. 5226, Dec. 30, 1996]
Section 2 Job-seeking Benefit
| Article 31 (Recipient Qualification for Job-seeking Benefits) |
| (1) | Jobseeking benefit shall be paid to the insured where they are thrown out of employment and they meet the following requirements: <Amended by Act No. 5226, Dec. 30, 1996> |
| 1. | The aggregate period of being insured shall be more than 12 months within 18 months before the date of unemployment (hereinafter referred to as “base period”) referred to in Article 32; |
| 2. | They shall be engaged in job-seeking activity with the intention and ability to work; and |
| 3. | The causes for separation shall not fall under the categories restrictions on recipient qualifications referred to in Article 45. |
| (2) | For the insured who could not get their wages for more than 30 days within the 18 months before the date of loss of employment, due to disease, injury or other causes provided for by the Presidential Decree, such period of no wage earned shall be added to the standard period (if such period exceeds 3 years, it shall be considered 3 years). |
| Article 32 (Unit Period of Insurance) |
| (1) | The unit period of insurance is counted from the separation date retroactively and divided into one-month periods, and when the wage is paid on the basis of not less than 15 days’ work in a month, such month shall be included in the unit period of insurance and in case of less than 15 days, such month shall not be counted. |
| (2) | The one-month unit period under paragraph (1) shall be the days from the date of separation or the same date of each month to the retroactive monthly date of one day after the concerned date of separation (hereinafter referred to as the “date equivalent to separation”); however, in case a certain month does not have the date equivalent to separation, the last day of the month shall be the date equivalent to separation. |
| (3) | Despite the provisions of paragraphs (1) and (2), if the period of insurance until the first date equivalent to separation is not less than 16 days and less than one month and the wage is paid on the basis of not less than 15 days, such period shall be considered a half month of the unit period of insurance. |
| (4) | In the calculation of the unit period of insurance under paragraphs (1) through (3), one of the following shall not be included in the unit period of insurance under paragraph (1): <Amended by Act No. 5226, Dec. 30, 1996> |
| 1. | In case the job-seeking benefit is paid before the last acquisition of the qualification for the insurance, the period of insurance prior to the date of separation related to such job-seeking benefit; and |
| 2. | The day before the retroactive third year from the date the acquisition for the insurance is confirmed under Article 14. |
| Article 33 (Report of Unemployment) |
| (1) | A person who intends to be paid a job-seeking benefit shall present himself at the Employment Security Office immediately after separation, and shall report unemployment and apply for a job. |
| (2) | The report of unemployment referred to in paragraph (1) shall include an application for a job and an application for recognition of the recipient qualifications referred to in paragraph (1). |
[This Article Wholly Amended by Act No. 5226, Dec. 30, 1996]
| Article 34 (Recognition of Unemployment) |
| (1) | The job-seeking benefit for the days of unemployment shall be paid to those qualified recipients who are unemployed (hereinafter referred to as “qualified recipient”) under Article 31. <Amended by Act No. 5226, Dec. 30, 1996> |
| (2) | The days of unemployment in paragraph (1) mean the days of unemployment recognized by the head of the Employment Security Office (hereinafter referred to as “recognition of unemployment”). |
| (3) | The qualified recipients who want to obtain the recognition of unemployment shall present themselves at the Employment Security Office once every two weeks counting from the date unemployment is reported and report the efforts made to obtain reemployment, and the head of the Employment Security Office shall recognize unemployment for the preceding 14 days: Provided, That the methods of recognizing unemployment to determine qualified recipients to undergo the vocational training directed by the head of the Employment Security Office, or for other qualified recipients as provided by the Presidential Decree, shall be determined by the standards of the Ordinance of the Minister of Labor. |
| (4) | Despite the provisions of paragraph (3), the qualified recipient may obtain the recognition of unemployment by submitting a certificate describing the reason preventing his presence at the Employment Security Office in case of the following: |
| 1. | In case presence at the Employment Security Office was impossible due to disease or injury and the period is less than 7 consecutive days; |
| 2. | In case presence at the Employment Security Office was impossible due to interview with the job offerer through the placement service of the Employment Security Office; |
| 3. | In case presence at the Employment Security Office was impossible in order to receive the vocational training directed by the head of the Employment Security Office; and |
| 4. | In case presence at the Employment Security Office was impossible due to natural disaster or other unavoidable causes. |
| Article 35 (Basic Daily Wage for Benefit) |
| (1) | The daily amount of wages which is the basis for the calculation of job-seeking benefit (hereinafter referred to as “basic daily wage”) shall be the average wages calculated pursuant to Article 19 (1) of the Labor Standards Act based on the last date of separation related to recipient qualifications referred to in Article 31: Provided, That where the calculation period for the average wages concerned is less than 2 months, it shall be calculated including part of the employment period at other applicable enterprises immediately before the employment at the enterprise concerned under the conditions determined by the Presidential Decree. <Amended by Act No. 5226, Dec. 30, 1996> |
| (2) | In case the amount of money calculated by the provisions of paragraph (1) is less than the ordinary wage of the worker concerned, his ordinary wage amount shall be the basic daily wage. |
| (3) | In case it is difficult to calculate the basic daily wage under paragraphs (1) and (2), the decision of the Minister of Labor shall be followed. |
| (4) | Despite the provisions of paragraphs (1) through (3), in case the basic daily wage is less than the minimum wage provided by the Minimum Wage Act at the date of separation, the daily minimum wage shall be the basic daily wage, and in case the basic daily wage exceeds the wages determined by the Presidential Decree in consideration of the purpose of the employment insurance and the wage level of ordinary workers, the amount of money determined by the Presidential Decree shall be the basic daily wage. |
| Article 36 (Job-seeking Daily Amount of Benefit) |
The job-seeking daily amount of benefit shall be the basic daily wage of the qualified recipient concerned calculated under Article 35 and multiplied by 50/100. <Amended by Act No. 5226, Dec. 30, 1996>
| Article 37 (Report of Income during Period of Unemployment) |
| (1) | In case the qualified recipient has earned income during the period for which he wishes to obtain the recognition of unemployment, he shall report such fact to the Employment Security Office. |
| (2) | The head of the Employment Security Office may, if necessary, investigate if there is any income during the period for which the qualified recipient wishes to obtain the recognition of unemployment. |
| Article 38 (Reduction of Job-seeking Benefit) |
| (1) | In case the qualified recipient has earned income during the period for which he wishes to obtain the recognition of unemployment, the following amount of money shall be the job-seeking benefit for the days such income is based on (hereinafter referred to as “job-seeking days of income”): <Amended by Act No. 5226, Dec. 30, 1996> |
| 1. | In case the sum of the amount of money equivalent to the daily income (this means the total amount of income divided by the job-seeking days of income; hereinafter the same applies in this Article) plus the jobseeking daily amount of benefit does not exceed 80 percent of the basic daily wage of the qualified recipient concerned, the total of job-seeking daily amount multiplied by the job-seeking days of income; and |
| 2. | In case the sum of the amount of money equivalent to the daily income plus the job-seeking daily amount of benefit exceeds 80 percent of the basic daily wage of the qualified recipient concerned, the total of the job-seeking daily amount of benefit minus the amount in excess multiplied by the job-seeking days of income. When the amount in excess is more than the job-seeking daily amount of benefit, the job-seeking benefit for the period of job-seeking days of income shall not be paid. |
| (2) | In the case where the qualified recipient receives, upon separation, the old-age pension referred to in Article 56 of the National Pension Act or special-case concerning old-age pension referred to in Article 5 of the Addenda of the Amended Act to the National Pension Act, Act No. 3902, or an benefit equivalent to the unemployment benefit for livelihood stabilization after separation in accordance with the provision of other Acts, and where this is stipulated by the Presidential Decree, such amount equivalent to that paid may be deducted from the job-seeking benefit of the qualified recipient concerned under the conditions prescribed by the Presidential Decree. <Amended by Act No. 5226, Dec. 30, 1996> |
| Article 39 (Period and Days of Payment) |
| (1) | Unless otherwise provided in this Act, the job-seeking benefit shall be paid for less than 10 months from the date of loss of employment related to the qualification for payment, within the limit of the fixed benefit payment days provided by Article 41 (1). <Amended by Act No. 5226, Dec. 30, 1996> |
| (2) | In case the recipient is unable to find employment for 30 days continuously due to pregnancy, delivery, childcare or other causes provided for by the Presidential Decree during the 10 month period under paragraph (1) and reports the fact to the Employment Security Office, the job-seeking benefit shall be paid within the limit of the fixed benefit payment days for the 10-month period plus such period preventing employment (within 3 years only) under Article 41 (1). <Amended by Act No. 5226, Dec. 30, 1996> |
| Article 40 (Waiting Period) |
Despite the provisions of Article 34, the job-seeking benefit shall not be paid for 14 days counting from the date of the report of unemployment under Article 33 as they are considered a waiting period. <Amended by Act No. 5226, Dec. 30, 1996>
| Article 41 (Fixed Benefit Payment Days) |
| (1) | Based on one Qualification, the limit on the number of days for which the job-seeking benefit is paid (hereinafter referred to as “fixed benefit payment days”) is described in the attached table by insurance period and age. <Amended by Act No. 5226, Dec. 30, 1996> |
| (2) | The insurance period referred to by paragraph (1) shall be the period of employment at the applicable enterprise where loss of employment related to the qualifications for the insurance takes place (the period employed as a worker under each of the categories named in Article 8 shall be excluded; hereinafter the same shall apply in this Article): Provided, That in case the recipient has lost employment at an enterprise other than the applicable enterprise and re-acquires the qualifications for the insurance within one year from the date of separation, the period of employment at the applicable enterprise before the separation shall be included in the insurance period. |
| (3) | Calculating the insurance period under the proviso of paragraph (2), in case the payment of job-seeking benefit was made before the qualification for insurance was re-acquired at the applicable enterprise where separation from employment took place, the period of employment prior to separation shall not be included in the insurance period concerning the job-seeking benefit. <Amended by Act No. 5226, Dec. 30, 1996> |
| (4) | In case a single insurance period of the insured is confirmed to have obtained the qualifications for the insurance before 3 years retroactively, the qualification shall be, upon confirmation, considered to have taken place on the third year retroactively and the insurance period shall be calculated accordingly. |
| Article 42 (Extension of Job-seeking Benefit Payment) |
| (1) | In case the qualified recipient receives the vocational training designated by the head of the Employment Security Office, the job-seeking benefit may be paid for the days of unemployment during such training period exceeding the fixed benefit payment days. In this case, if the training period exceeds the period determined by the Presidential Decree, the limit of the period shall be the period determined by such decree. <Amended by Act No. 5226, Dec. 30, 1996> |
| (2) | In the case of vocational training, etc., as provided by paragraph (1), the job-seeking benefit may be paid within the limit of 60 days in the aggregate for the waiting period for such vocational training and the period of seeking employment after completion of such vocational training exceeding the fixed benefit payment days. <Amended by Act No. 5226, Dec. 30, 1996> |
| (3) | The provisions of Article 39 (1) and (2) shall not be applied to the extended payment of job-seeking benefit provided by paragraph (1) and (2). <Amended by Act No. 5226, Dec. 30, 1996> |
| (4) | The head of the Employment Security Office may, under the conditions prescribed by the Presidential Decree, pay the job-seeking benefit to recipients who have extreme difficulty in finding employment for the days of unemployment exceeding the fixed benefit payment days. <Amended by Act No. 5226, Dec. 30, 1996> |
| Article 43 (Date and Method of Payment) |
| (1) | The job-seeking benefit shall be paid for the recognized days of unemployment once every two weeks under the conditions prescribed by the Presidential Decree. <Amended by Act No. 5226, Dec. 30, 1996> |
| (2) | Notwithstanding the provision of paragraph (1), The Minister of Labor may determine other methods of payment for qualified recipients who undergo the vocational training, etc., designated by the head of the Employment Security Office and for other qualified recipients provided for by the Presidential Decree. <Amended by Act No. 5226, Dec. 30, 1996> |
| (3) | The head of the Employment Security Office shall decide and notify the qualified recipients concerned of the date on which the job-seeking benefit is to be paid. <Amended by Act No. 5226, Dec. 30, 1996> |
| Article 44 (Unpaid Job-seeking Benefit) |
| (1) | In case a qualified recipient is deceased and there remains any unpaid part of the job-seeking benefit which is due to the person, the spouse (which term includes the person who has maintained a de facto marital relationship with the person), children, parents, grandchildren, grandparents, or brothers or sisters of the person who had received their livelihood from the person at the time of the person’s death, may claim the payment of the said unpaid part of the job-seeking benefit in their own name. <Amended by Act No. 5226, Dec. 30, 1996> |
| (2) | For the days no recognition of unemployment is obtained due to the death of the qualified recipient, such recognition shall be obtained by the one who requests the payment of the unpaid benefit in accordance with paragraph (1). In this case if the qualified recipient falls under paragraph (1) of Article 37, the one who requests such payment shall report the matters provided by paragraph (1) of the same Article to the head of the Employment Security Office. <Amended by Act No. 5226, Dec. 30, 1996> |
| (3) | The order of those who may receive the unpaid job-seeking benefit according to paragraph (1) shall be the same as enumerated in that paragraph. In case two persons or more are in the same order, one of them shall be considered to have requested for all of them, and the payment to one person shall be considered as the payment to all. <Amended by Act No. 5226, Dec. 30, 1996> |
| Article 45 (Restriction on Qualifications for Benefit Payment due to Causes of Separation) |
| (1) | Despite the provisions of Article 31, the insured shall not be considered qualified for benefit payment in case he is fired due to serious faults of his own or separated from employment on personal grounds without justifiable reason. |
| (2) | The existence of serious faults and personal grounds without justifiable reason shall be decided by the head of the Employment Security Office in accordance with the standards determined by the Minister of Labor. |
| Article 46 (Restriction on Payment of Benefit for Refusing Training, etc.) |
| (1) | In case the qualified recipient refuses to accept the employment introduced by the head of the Employment Security Office or to receive the vocational training designated by the head of the Employment Security Office, the payment of the job-seeking benefit shall be suspended from the date of such refusal: Provided, That in the case of any of the following justifiable reasons, the payment shall not be suspended: <Amended by Act No. 5226, Dec. 30, 1996> |
| 1. | In case the job offered or the kind of occupation for which the vocational training is designated, is not suitable to the ability of the qualified recipient; |
| 2. | In case relocation of house is necessary to accept the employment or to receive the vocational training and such relocation is difficult; |
| 3. | In case the wage level of the offered job is unreasonably lower than the same kind of occupation or the same level of skill in the same area; and |
| 4. | In case of other justifiable reasons. |
| (2) | In case the qualified recipient refuses without justifiable reason to receive the vocational guidance for the promotion of reemployment conducted by the head of the Employment Security Office in accordance with the standard set by the Minister of Labor, the payment of job-seeking benefit shall be suspended from the date of such refusal. <Amended by Act No. 5226, Dec. 30, 1996> |
| (3) | The recognition of justifiable reason under the proviso of paragraph (1) and paragraph (2) shall be decided by the head of the Employment Security Office in accordance with the standards determined by the Minister of Labor. |
| Article 47 (Restriction on Payment of Benefit Due to Dishonest Act) |
| (1) | In case one attempts to receive or has received the payment of unemployment benefit by means of fraudulent or other unfair conduct, the payment of the job-seeking benefit shall not be made from the date such attempt or payment is made: Provided, That the payment shall not be suspended for new qualifications obtained after the separation from employment related to such job-seeking benefit. <Amended by Act No. 5226, Dec. 30, 1996> |
| (2) | In case the qualified recipient is unable to receive the job-seeking benefit due to paragraph (1), such job-seeking benefit shall be considered to have been paid in the application of Article 41 (2) and (3). <Amended by Act No. 5226, Dec. 30, 1996> |
| (3) | In case the qualified recipient is unable to receive the job-seeking benefit due to paragraph (1), the job-seeking benefit for the days for which no payment is made shall be considered to have been paid in the application of Article 49 (2). <Amended by Act No. 5226, Dec. 30, 1996> |
| Article 48 (Refund Order, etc.) |
| (1) | The head of the Employment Security Office may order the person who receives the job-seeking benefit by means of fraudulent or other unfair conduct to return such job-seeking benefit and may, in addition to this, levy the amount of money equivalent to the amount of the job-seeking benefit paid in accordance with the standards determined by the Minister of Labor. <Amended by Act No. 5226, Dec. 30, 1996> |
| (2) | In case such false or dishonest means as mentioned in paragraph (1) were due to a false notification, report or certification by the business owner concerned, he shall be jointly responsible with the person who has received the job-seeking benefit. <Amended by Act No. 5226, Dec. 30, 1996> |
| Article 49 (Special Case of Injury and Disease Benefit) |
| (1) | In case a qualified recipient becomes unable to take employment on account of sickness or injury after he reported separation from employment in accordance with Article 33 and cannot obtain the recognition of unemployment, the amount of money equivalent to the job-seeking daily amount of benefit (hereinafter referred to as “injury and disease benefit”) of Article 36 may be paid instead of the job-seeking benefit, notwithstanding Article 34 (1): Provided, That the injury and disease benefit shall not be paid for the period for which the payment of job-seeking benefit is suspended by Article 46 (1) and (2). <Amended by Act No. 5226, Dec. 30, 1996> |
| (2) | The number of days for which the injury and disease benefit may be paid shall be the days of the recipient’s fixed allowance payment days minus the days for which the payment of job-seeking benefit is made. In this case the job-seeking benefit for the number of days equivalent to the number of days for which the injury and disease benefit is paid, shall be considered to have been paid in the application of the provisions of this Act (excluding the provisions of Article 47 and 48). <Amended by Act No. 5226, Dec. 30, 1996> |
| (3) | The payment of injury and disease benefit under the provisions of paragraph (1) shall be made on the first payment date of the job-seeking benefit after the removal of the reason preventing the recipient from going to work (in case of no such payment date of job-seeking benefit, on the date decided by the head of the Employment Security Office): Provided, That payment may be made in accordance with the decision made otherwise by the Minister of Labor if deemed necessary. <Amended by Act No. 5226, Dec. 30, 1996> |
| (5) | Concerning payment of injury and disease benefit, the provisions of Articles 37, 38, 40, 44 and Article 47 (1) and (2) and Article 48 shall apply mutatis mutandis. In this case “the period for which the recipient wishes to obtain the recognition of unemployment” in Articles 37 and 38 shall be considered “the days for which the recognition of unemployment cannot be obtained”. |
Section 3 Employment Promotion Allowance
| Article 50 (Early Reemployment Allowance) |
| (1) | The payment of early reemployment allowance shall be made when the qualified recipient is reemployed at a stable occupation in accordance with the standards set by the Presidential Decree: Provided, That this provision shall not be applied in case the number of days for which the job-seeking benefit concerned is not paid, is less than half of the fixed benefit payment days counting from the day before the reemployment takes place. <Amended by Act No. 5226, Dec. 30, 1996> |
| (2) | Despite the provisions of paragraph (1), the payment of early reemployment allowance shall not be made if the qualified recipient has received the payment of early reemployment allowance within the period set by the Presidential Decree, before his reemployment. |
| (3) | The amount of early reemployment allowance shall be calculated in accordance with the standards set by the Presidential Decree in proportion to the number of the fixed allowance payment days of job-seeking benefit for which the payment of job-seeking benefit is not made. <Amended by Act No. 5226, Dec. 30, 1996> |
| (4) | In the application of the provisions of this Act (excluding the provisions of Articles 47 and 48) the payment amount of the early reemployment allowance concerned shall be considered to have been made equivalent to the job-seeking benefit amount for the days divided by the job-seeking daily amount of benefit as prescribed in Article 36. <Amended by Act No. 5226, Dec. 30, 1996> |
| (5) | A subsidy may be paid to a person who reemploys the qualified recipient at the earliest possible date and shortens the period of payment for jobseeking benefit under the conditions as determined by the Presidential Decree. <Added by Act No. 5226, Dec. 30, 1996> |
| Article 51 (Vocational Ability Development Allowance) |
| (1) | The payment of vocational ability development allowance shall be made for the period during which the qualified recipients undergo vocational training, etc., designated by the head of the Employment Security Office. <Amended by Act No. 5226, Dec. 30, 1996> |
| (2) | Despite the provisions of paragraph (1), vocational ability development allowance shall not be paid for the period during which the payment of job-seeking benefit is suspended under Article 46 (1) and (2). |
| (3) | The requisites and amount for the payment of vocational ability development allowance shall be determined by the Presidential Decree. In this case the amount of vocational ability development allowance may be determined separately for vocational training related to the kinds of occupations recognized and announced as especially essential by the Minister of Labor in consideration of the status of manpower supply and demand. |
| Article 52 (Wider Area Job-seeking Expenses) |
| (1) | The payment of wider area job-seeking expenses may be made to the qualified recipient in case he engages in job-seeking in large areas offered by the Employment Security Office and if the head of the Employment Security Office deems it necessary in accordance with the standards set by the Presidential Decree. |
| (2) | The amount of wider area job-seeking expenses shall be the expenses normally required for such activities of job-seeking as in paragraph (1), but the calculation of such amount of money shall be made as prescribed by the Ministerial Decree of Labor. |
| Article 53 (Relocation Expenses) |
| (1) | Moving expenses may be paid to the qualified recipient when he moves to take employment which he was offered by the Employment Security Office or to undergo the vocational training designated by the head of the Employment Security Office and if the head of the Employment Security Office deems it necessary under the standards prescribed by the Presidential Decree. |
| (2) | The amount of moving expenses shall be the amount normally required for moving the household of the qualified recipient, but the amount of money shall be calculated as prescribed by the Ministerial Decree of Labor. |
| Article 54 (Restriction on Payment of Employment Promotion Allowance) |
| (1) | The employment promotion allowance shall not be paid to a person who received or attempted to receive unemployment benefits by means of fraudulent or other unfair conduct, as from the day when he received or attempted to receive the said benefits: Provided, That payment shall not be suspended for new qualifications obtained after separation from the employment related to such unemployment benefits. |
| (2) | In case the qualified recipient is unable to receive the early reemployment allowance because he is denied the payment of the employment promotion allowance under paragraph (1), such early reemployment allowance shall be considered to have been paid in the application of Article 50 (4). |
| Article 55 (Applying Mutatis Mutandis) |
The provisions of Article 44 (1) and (3), and 48 shall apply mutatis mutandis to the employment promotion allowance. In this case, the term “qualified recipient” in Article 44 (1) shall read as “person qualified for employment promotion allowance”.
| (1) | The Minister of Labor shall collect a premium from the business owners and the insured workers to cover the expenses required for the insurance activities. |
| (2) | The premium to be paid by the insured worker under paragraph (1) shall be the amount of his total wage multiplied by one half of the unemployment benefits premium rate under Article 57. |
| (3) | The premium to be paid by business owners under paragraph (1) shall be the total sum of the entire wage amount of his insured workers multiplied by the employment security premium rate, by the vocational ability development premium rate and by one half of the unemployment benefits premium rate under Article 57. |
| (4) | In the case where it is difficult to determine the total estimated wages or the total amount of wages referred to in Article 60 (1) or 61 (1), the total estimated wages or the total amount of wages may be determined according to the labor expenses ratio as publicly announced by the Minister of Labor. |
| (5) | Of the premium provided in paragraph (1), the premium collected by multiplying the employment security premium rate, the vocational ability development premium rate and the unemployment benefits premium rate under Article 57, shall be appropriated for the expenses required for the respective activities. |
| Article 56-2 (Special Cases of Collection of Premium) |
In the case where an insured worker arrives at the age of 64, notwithstanding the provisions of Article 56 (1), the premium shall not be collected during the insured period from the month to which the day belongs. [This Article Added by Act No. 5226, Dec. 30, 1996]
| Article 57 (Determination of Premium Rates) |
| (1) | The premium rates shall be determined by the Presidential Decree separately for the employment security premium rate, the vocational ability development premium rate and the unemployment benefits premium rate within 15/1000 in consideration of the changes of insurance earnings and expenses and economic conditions. |
| (2) | Any change of the premium rate of paragraph (1) shall require the deliberation of the Employment Policy Council. |
| Article 58 (Special Adjustment of Premium Rates) |
Despite the provisions of Article 57 (1), when the proportion of the amount of unemployment benefits to that of the unemployment benefits premium as of June 30 of the year concerned at a certain enterprise, whose insurance relationship was established more than three years ago retroactively, is more or less than the proportion determined by the Presidential Decree, the unemployment benefits premium rate for the following year may be adjusted upward or downward within the limit of 40 percent of the unemployment benefits premium rate under the standards prescribed by the Presidential Decree.
| Article 59 (Collection of Premium through Withholding) |
| (1) | The business owner may deduct the amount of money equivalent to the premiums to be paid by his insured workers under Article 57 (2) from the wages to be paid to them through withholding as prescribed by the Presidential Decree. |
| (2) | When the business owner deducts the amount of money equivalent to the premium of paragraph (1) through withholding, he shall hand over the statement of such deduction to the insured worker. |
| (3) | The original contractor provided in Article 9 (5) may entrust his subcontractors who employ the insured workers other than those who belong to his workplace, with the deduction of the amount of money equivalent to the premium to be paid by their insured workers through withholding wages. In this case the provisions of paragraph (1) and (2) shall apply mutatis mutandis to the deduction from wages through withholding by subcontractors. |
| Article 60 (Report and Payment of Estimated Premiums) |
| (1) | Within 70 days from the first day of the insurance year (from the date of establishment when the insurance relationship has been established in the course of an insurance year), the business owner shall report and pay to the Minister of Labor each insurance year, the amount (hereinafter referred to as “estimated premium”) calculated by multiplying the total estimated wages to be paid to all the insured workers for the insurance year (if prescribed by the Presidential Decree, the estimated wages shall be the total wages paid to the workers for the previous year) by the premium rates of the concerned insurance activities under Article 57: Provided, That if a business, having a fixed business period such as construction work, is supposed to be finished within 70 days, the report and payment of estimated premiums shall be made by the day before the date of completion of the business. <Amended by Act No. 5226, Dec. 30, 1996> |
| (2) | If the estimated total of wages increases beyond the limits provided for in the Presidential Decree, after payment of the estimated premiums under paragraph (1), the business owner shall report and pay the difference between the estimated premium already reported and the estimated premiums based on the estimated total wages after the increase, to the Minister of Labor no later than the end of the following month. |
| Article 61 (Report, Payment and Accurate Calculation of Final Premium) |
| (1) | The business owner shall report and pay to the Minister of Labor the amount (hereinafter referred to as “final premium”) calculated by multiplying the total amount of wages paid (including the amount decided to be paid) to all the insured workers who have been employed during each insurance year (during the period ending on the date when the insurance relationship has been terminated) by the premium rates of the concerned insurance activities under Article 57, within 70 days after the beginning of the following insurance year (within 30 days from the day after the date when the insurance relationship terminated in the course of an insurance year). <Amended by Act No. 5226, Dec. 30, 1996> |
| Article 62 Deleted.<by Act No. 5226, Dec. 30, 1996> |
| Article 63 (Exceptions to Business Owners Responsible for Conducting Vocational Training, etc., under Framework Act on Vocational Training) |
| (1) | Despite the provisions of Articles 56 (3) and 57, the vocational ability development premium levied on the business owner who is to conduct vocational training or vocational training associated activities under Article 24 (2) of the Framework Act on Vocational Training (hereinafter referred to as “business owner responsible for conducting vocational training”) shall be the same amount of expenses to be appropriated for the reemployment vocational training of the unemployed provided in Article 24 and calculated in accordance with the premium rate determined by the Presidential Decree. <Amended by Act No. 5226, Dec. 30, 1996> |
| (2) | The provisions of Chapter 4 (excluding Article 24) shall not be applied to the business owner responsible for conducting vocational training. |
| Article 64 (Employment Insurance Affairs Association) |
| (1) | An association whose entire membership is business owners and which is organized under a special Act or which is established with the permission of the Minister of Labor under Article 32 of the Civil Act (hereinafter referred to as “business owners’ association”) may manage by delegation of the business owner such affairs as reports of the insured, payment of premiums due from the business owner under this Act and other affairs concerning the insurance (hereinafter referred to as “insurance affairs”). In this case, the scope of business owners who may delegate insurance affairs shall be specified by the Presidential Decree. |
| (2) | When the business owners’ association intends to manage insurance affairs as prescribed by paragraph (1), it shall obtain the authorization of the Minister of Labor as prescribed by the Presidential Decree. |
| (3) | The business owners’ association which has obtained authorization under paragraph (2) (hereinafter referred to as “employment insurance affairs association”) shall make a report to the Minister of Labor when it intends to discontinue the affairs described in paragraph (1) or make a modification in the contents of the authorization. |
| Article 65 (Applying Mutatis Mutandis) |
CHAPTER Ⅶ EMPLOYMENT INSURANCE FUND
| Article 66 (Establishment and Formation of Fund) |
| (1) | The Minister of Labor shall establish the employment insurance fund (hereinafter referred to as “fund”) in order to appropriate the expenses needed for the insurance activities. |
| (2) | The fund shall be formed with the premium, collected money, reserve fund, profits derived from the operation of the fund and other revenues according to this Act. |
| Article 67 (Management and Operation of Fund) |
| (1) | The fund shall be operated and managed by the Minister of Labor. |
| (2) | The details of the management and operation of the fund shall be provided by the Framework Act on Funds Management. |
| (3) | The Minister of Labor shall manage and operate the fund by the methods listed under the following subparagraphs: |
| 1. | Deposits to financial institutions; |
| 2. | Deposits to public financial funds; |
| 3. | Purchase of securities issued or guaranteed by state or local governments or financial institutions; and |
| 4. | Other methods to increase the fund determined by the Presidential Decree. |
| (4) | The Minister of Labor shall ensure that the earnings from the management and operation of the fund will exceed a certain level determined by the Presidential Decree. |
The fund shall be used for the following purposes:
| 1. | Expenses needed for the activities of employment security and vocational ability development; |
| 2. | Payment of unemployment benefits; |
| 4. | Repayment of loans and interest; and |
| 5. | Other expenses needed for the enforcement of this Act and determined by the Presidential Decree and incidental expenses related to the execution of the activities of paragraphs (1) and (2). |
| Article 69 (Fund Operation Plan, etc.) |
| (1) | The Minister of Labor shall make the fund operation plan each year and it shall be approved by the President through the deliberation of the Employment Policy Council and the State Council. |
| (2) | The Minister of Labor shall announce the results of the fund operation through the deliberation of the Employment Policy Council each year. |
| Article 70 (Establishment of Fund Account) |
| (1) | The Minister of Labor shall establish the employment insurance fund account in the Bank of Korea. |
| (2) | The employment insurance fund account under paragraph (1) shall be managed separately for each of the areas of employment security, vocational ability development and unemployment benefits. |
| Article 71 (Receipts and Disbursements of Fund) |
Necessary details related to receipts and disbursements in the management and operation of the fund shall be determined by the Presidential Decree.
| Article 72 (Reserve Fund) |
| (1) | The Minister of Labor shall reserve surplus funds exceeding the expenditure for the year concerned, as a reserve fund to meet a potential situation of mass unemployment or unstable employment situation. |
| (2) | The optimum scale of the reserve fund mentioned in paragraph (1) shall be determined through the deliberation of the Employment Policy Council. |
| Article 72-2 (Treatment of Surplus and Loss) |
| (1) | In case of a surplus as a result of the settlement of accounts of the fund, it shall be put aside as a reserve fund. |
| (2) | In case of an amount of loss resulting from the settlement of accounts of the fund, it shall be compensated by using the reserve fund. <Wholly Amended by Act No. 5226, Dec. 30, 1996> |
In the case of cash shortage in the cash for expenditure of the fund, a temporary loan may be made on the security of the fund.
CHAPTER Ⅷ REQUEST FOR EXAMINATION AND REEXAMINATION
| Article 74 (Examination and Reexamination) |
| (1) | A person who has an objection to the confirmation of the acquisition or cancellation of the insurance qualification referred to in Article 14 or to the disposition on unemployment benefits referred to in Chapter 5 (hereinafter referred to as “original disposition, etc.”) may make a request for examination to the examiner referred to in Article 75, and the person who objects to that decision may make a request for reexamination to the examination committee referred to in Article 76. <Amended by Act No. 4826, Dec. 22, 1994> |
| (2) | The request for examination prescribed in paragraph (1) shall be brought within 60 days from the day on which it is known that a confirmation or disposition of the same paragraph is made and the request for reexamination shall be brought within 60 days from the day on which it is known that a decision of the request for examination is made. <Amended by Act No. 5226, Dec. 30, 1996> |
| (3) | As for the interruption of prescription, requests for examination and reexamination mentioned in paragraph (1), shall be considered as requests by trial. |
| Article 75 (Employment Insurance Examiner) |
| (1) | In order to conduct the examination provided for by Article 74, an employment insurance examiner (hereinafter referred to as “examiner”) shall be assigned. |
| (2) | In the case where the examiner receives a request for examination pursuant to Article 74 (1), he shall make a decision on the request within 30 days: Provided, That where he cannot make the decision within that period for compelling causes, he may extend the period once by not more than 10 days. <Amended by Act No. 4826, Dec. 22, 1994> |
| (3) | The staff, qualifications, placement and duty of the examiner shall be determined by the Presidential Decree. |
| (4) | In the case where circumstances are such that a party could hardly expect an impartial deliberation and decision from the examiner, he may lodge a motion of challenge against the examiner with the Minister of Labor. <Amended by Act No. 4826, Dec. 22, 1994> |
| (5) | In the case where the applicant for examination dies, when he is the qualified recipient of unemployment benefits, his bereaved family referred to in Article 44, his heir, a person who succeeds to the rights or interests related to the original disposition, the object of the request for examination, or others, shall succeed to the status of the applicant for examination, respectively. <Added by Act No. 4826, Dec. 22, 1994> |
| Article 75-2 (Request for Examination, etc.) |
| (1) | The request for examination referred to in Article 74 (1) shall be made to the examiner who has jurisdiction over the Employment Security Office concerned, through the Employment Security Office which makes the original disposition etc. |
| (2) | The occupation stabilization agency shall send the request for examination to a competent examiner accompanied by its written opinion within 5 days from the date on which it has received the request. |
[This Article Added by Act No. 4826, Dec. 22, 1994]
| Article 75-3 (Mode of Request) |
Requests for examination shall be made in writing under the conditions stipulated by the Presidential Decree.
[This Article Added by Act No. 4826, Dec. 22, 1994]
| Article 75-4 (Correction and Dismissal) |
| (1) | In the case where the deadline referred to in Article 74 (3) for the request for examination has lapsed, or it is impossible to correct without violation of the legal methods, the examiner shall dismiss it through a decision. |
| (2) | In the case where the request for examination is possible to correct notwithstanding the violation of the legal methods, the examiner may order the applicant for examination to correct it by fixing a reasonable period: Provided, That the matters to be corrected are minor, the examiner may correct them ex officio. |
| (3) | The examiner shall dismiss the request for examination through a decision where the applicant for examination fails to correct it within the period stipulated by paragraph (2). |
[This Article Added by Act No. 4826, Dec. 22, 1994]
| (1) | The examiner shall, when he lacks jurisdiction for examination of the request, transfer the case to the competent examiner, under the conditions determined by the Presidential Decree, and shall notify the fact to the applicant for examination. |
| (2) | The case transferred pursuant to paragraph (1) shall be, from the first, deemed the request to the examiner who has been referred to it. |
[This Article Added by Act No. 4826, Dec. 22, 1994]
| Article 75-6 (Suspension of Execution of Original Dispositions) |
| (1) | The request for examination shall not suspend the execution of original dispositions, etc.: Provided, That where it is deemed materially necessary to avoid serious harm arising from the execution of original dispositions, etc., the examiner may suspend the execution ex officio. |
| (2) | The examiner shall, where he intends to suspend the execution pursuant to the proviso of paragraph (1), make notice of the causes in writing. |
| (3) | The head of the Employment Security Office shall, upon receipt of the notification referred to in paragraph (2), without delay, suspend the execution. |
[This Article Added by Act No. 4826, Dec. 22, 1994]
| Article 75-7 (Powers of Examiners) |
| (1) | The examiner may, at the request of the applicant for examination or ex officio, make investigations under any of the following subparagraphs where deemed necessary for the trial of the request for examination: |
| 1. | To have the applicant for examination or person concerned appear at the designated place and inquire or state his opinion; |
| 2. | To have the applicant for examination or person concerned present the documents or other materials which may be used as evidence; |
| 3. | To have a third party with professional knowledge and experience appraise the situation; and |
| 4. | To enter the workplace related to the case or other places and question the business owner, employees or other persons concerned or inspect other materials. |
| (2) | In the case where the examiner undertakes the inquiries and inspections referred to in paragraph (1) 4 of this Article, he shall produce a certificate indicating his powers to the persons concerned. |
[This Article Added by Act No. 4826, Dec. 22, 1994]
| Article 75-8 (Restitution of Actual Expenses) |
A person who has appeared at the designated place pursuant to Article 75-7 (1) 1 and an expert who has made appraisal pursuant to subparagraph 3 of the same paragraph shall be compensated for their actual expenses as determined by the Minister of Labor. [This Article Added by Act No. 4826, Dec. 22, 1994]
The examiner shall cancel all or part of the original disposition, etc., or dismiss all or part of the request for examination when he closes the trial of the request for examination.
[This Article Added by Act No. 4826, Dec. 22, 1994]
| Article 75-10 (Methods of Decision) |
| (1) | The decisions referred to in Article 75 shall be made in writing under the conditions determined by the Presidential Decree. |
| (2) | The examiner shall, upon his decision, send an original copy of the notice of decision to the applicant for examination and to the head of the Employment Security Office who has made the original disposition, etc. |
[This Article Added by Act No. 4826, Dec. 22, 1994]
| Article 75-11 (Effect of Decision) |
| (1) | The decision shall take effect from the date on which the original copy of the notice of decision is sent to the applicant for examination and to the head of the Employment Security Office. |
| (2) | The decision shall be binding on the head of the Employment Security Office who has made the original disposition, etc.. |
[This Article Added by Act No. 4826, Dec. 22, 1994]
| Article 76 (Employment Insurance Examination Committee) |
| (1) | In order to conduct the reexamination provided for by Article 74, the employment insurance examination committee (hereinafter referred to as “examination committee”) shall be established in the Ministry of Labor. |
| (2) | The examination committee shall be composed of 7 members or fewer including one representing each of management and labor. |
| (3) | Two of the members mentioned in paragraph (2) shall be standing members. |
| (4) | No person who falls under any of the categories in the following subparagraphs shall be appointed as member: <Amended by Act No. 4826, Dec. 22, 1994> |
| 1. | A person who has been declared incompetent, quasi-incompetent or bankrupt and has not been reinstated; and |
| 2. | A person who has been sentenced to a punishment heavier than imprisonment and for whom three years has not elapsed since completion of the sentence or the final decision not to execute it. |
| (5) | No member shall be dismissed from office against his will unless he is sentenced to punishment or it is difficult to discharge his duties due to mental breakdown or noticeable lack of ability. <Amended by Act No. 4826, Dec. 22, 1994> |
| (6) | No standing member shall join a party or participate in politics. <Added by Act No. 4826, Dec. 22, 1994> |
| (7) | The examination committee shall, upon the receipt of the request for reexamination pursuant to Article 74 (1), make an adjudication within 50 days. In this case, the provisions of the proviso of Article 75 (2) shall apply mutatis mutandis with respect to the extension of the period of adjudication. <Added by Act No. 4826, Dec. 22, 1994> |
| (8) | Matters necessary for the composition, operation and administrative organization of affairs of the examination committee shall be determined by the Presidential Decree. <Added by Act No. 4826, Dec. 22, 1994> |
| Article 76-2 (Other Party to Reexamination) |
The other party to the request for reexamination shall be the head of the Employment Security Office which has made the original disposition, etc.
[This Article Added by Act No. 4826, Dec. 22, 1994]
| (1) | The examination committee shall, upon the receipt of the request for reexamination, fix the trial date and place for the request and shall notify them to the parties and to the examiner who has tried the case 3 days in advance of the trial date. |
| (2) | Either party may state his opinion in writing or orally before the examination committee. |
| (3) | The trial for the request for reexamination shall be made public: Provided, That it may be made non-public upon the request of either or both of the parties. |
| (4) | The examination committee shall draw up a protocol of trial. |
| (5) | Either party or person concerned may make an application for inspection of the protocol of trial mentioned in paragraph (4). |
| (6) | The committee shall not, upon the application for inspection referred to in paragraph (5) by the party or person concerned, refuse it without any justifiable causes. |
| (7) | Articles 75-7 and 75-8 shall apply mutatis mutandis with respect to the trial for the request for reexamination. In this case, the references to “examiner”, “request for examination” and “applicant for examination” shall be deemed to read “examination committee”, “request for reexamination” and “applicant for reexamination”, respectively. |
[This Article Added by Act No. 4826, Dec. 22, 1994]
| Article 76-4 (Applicable Provisions) |
The provisions of Articles 75 (4) and (5), 75-3, 75-4, 75-6, 75-10 and 75-11, shall apply mutatis mutandis with respect to the examination committee and reexamination. In this case, the references to “examiner” in Article 75 (4), “decision” in Articles 75 (4), 75-10 and 75-11, and “request for examination” in Articles 75-3, 75-6 and 75-9 shall be deemed to read “member of the examination committee”, “adjudication” and “request for reexamination”, respectively, and the references to “examiner” in Articles 75-6, 75-9 and 75-10 and “applicant for examination” in Articles 75-6,75-10 and 75-11 shall be deemed to read “examination committee” and “applicant for reexamination”, respectively. [This Article Added by Act No. 4826, Dec. 22, 1994]
| Article 76-5 (Notification) |
In the case where the head of the Employment Security Office makes an original disposition, etc., or the examiner sends an original copy of notification of decision pursuant to Article 75-10 (2), he shall inform the other party or applicant for examination whether a request for examination or reexamination can be made on the original disposition, etc., or the decision, what process, if any, it must pass through, and the period of request. [This Article Added by Act No. 4826, Dec. 22, 1994]
| Article 77 (Relation to Other Acts) |
| (2) | Matters which are not provided in this Act with respect to examination and reexamination shall be governed by the Administrative Appeals Act. <Wholly Amended by Act No. 4826, Dec. 22, 1994> |
CHAPTER Ⅸ SUPPLEMENTARY PROVISIONS
| Article 78 (Prohibition of Disadvantageous Treatment) |
The business owner shall not dismiss or cause other disadvantages to the worker for reason of the request for confirmation as provided by Article 14.
| Article 79 (Extinctive Prescription) |
| (1) | The rights to receive unemployment benefits or to receive a refund thereof or to collect premiums or other amounts due under this Act shall be extinguished by prescription in case they are not exercised for three years. |
| (2) | The extinctive prescription of the final premium under Article 61 shall start proceeding from the first day of the following insurance year (from the day after the date when the insurance relationship terminated if the insurance relationship has terminated in the course of an insurance year). |
| (3) | For the prescription under paragraph (1), the provisions of the Civil Act shall apply unless otherwise specially provided for in this Act. |
| Article 80 (Reports, etc.) |
| (1) | The Minister of Labor may, if necessary, request the insured, or the business owner who employs or employed the insured or the qualified recipient, the employment insurance association or the business owners’ association which was the employment insurance association, to submit reports or related documents, or request the presence of the persons concerned necessary for the enforcement of this Act. |
| (2) | In order to receive the unemployment benefits, those who are separated from employment may request the employment insurance association in charge of the insurance affairs entrusted to it by their previous or present business owner under Article 64 to issue necessary certificates. In this case the business owner or the employment insurance association shall issue such certificates on request. |
| (3) | The Minister of Labor may request the insured, the qualified recipient or those who request the unemployment benefits to submit reports or related documents or require their presence for the enforcement of this Act. |
| Article 81 (Investigation, etc.) |
| (1) | The Minister of Labor may, if necessary for the enforcement of this Act, have his officials question the relevant persons or investigate such documents as account books at the workplace of the business owner who employs or employed the insured or the qualified recipients, the employment insurance association or the business owners’ association which was the employment insurance association. |
| (2) | The official who conducts the investigation under paragraph (1) shall carry with him an identification card showing his status, and show it to the persons concerned. |
| Article 82 (Order to Receive Diagnosis) |
The head of the Employment Security Office may, if necessary for the payment of unemployment benefits, order the person who falls under Article 34 (4) 1 and has obtained or intends to obtain the unemployment recognition under paragraph (2) of the same Article or the person who has received or intends to receive injury and disease benefit under Article 49 to undergo diagnosis at a medical institution designated by the Minister of Labor.
| Article 83 (Statement of Opinion) |
In case the Minister of Labor intends to terminate the insurance relationship under Article 9 (4) and in case the head of the Employment Security Office intends to restrict the payment of benefit under Articles 46 and 47 (including the case of applying mutatis mutandis under Article 49) and to issue the refund order under Article 48 (including the case of applying mutatis mutandis under Article 49) or to impose restriction on the payment of allowance under Article 54, they shall give, under the conditions prescribed by the Ordinance of the Minister of Labor, the person who is subject to the measure or his agent, an opportunity to state his opinion, except in the case where the person or his agent fails to comply with it without any justifiable reason, or it is impossible to give him an opportunity to state his opinion due to obscurity of his address. <Amended by Act No. 5226, Dec. 30, 1996>
| Article 84 (Delegation or Entrustment of Authority) |
The Minister of Labor may delegate a part of his authority as prescribed by this Act to the head of the Employment Security Office or entrust another person with it under the conditions prescribed by the Presidential Decree.
CHAPTER Ⅹ PENAL PROVISIONS
| Article 85 (Penal Provisions) |
| (1) | Any business owner who dismisses or gives disadvantage to the workers against the provisions of Article 78 shall be punished by imprisonment for not more than three years or by a fine not exceeding 10 million won. |
| (2) | Those who receive unemployment benefits by a false or other unlawful way shall be punished by imprisonment for not more than one year or by a fine not exceeding three million won. |
| Article 86 (Fine for Negligence) |
| (1) | Any business owner, representative of the employment insurance affairs association or his agent or employees who fall under any of the categories of the following subparagraphs, shall be imposed upon them a fine for negligence not exceeding 3 million won: |
| 1. | A person who fails to make a report, or who has made a false report in contravention of Article 13; |
| 2. | A person who fails to make a report, or who has made a false report of the estimated premium under Article 60, or a report of the final premium under Article 61; |
| 3. | Deleted; <Act No. 5226, Dec. 30, 1996> |
| 4. | A person who fails to make a report or who has made a false report or who fails to present document or who has presented a false document in contravention of Article 80 (1); |
| 5. | A person who refuses to issue a certificate under Article 80 (2); or |
| 6. | A person who fails to reply to questions or who has made a false statement, or refuses, obstructs or evades the investigation under the provisions of the same Article. |
| (2) | Any of the insured, qualified recipients, or a person who requests unpaid unemployment benefits who falls under any of the following subparagraphs, shall be imposed upon him a fine for negligence not exceeding one million won: |
| 1. | A person who fails to make a report or who has made a false report or who fails to present a document or who has presented a false document in contravention of Article 80 (3); and |
| 2. | A person who fails to reply to questions or who has made a false statement, or refuses, obstructs or evades the investigation under Article 81 (1). |
| (3) | A person who fails to reply to the question of the examiner or the examination committee examining or reexamining the request submitted under Article 74 or who has made a false reply, or who refuses, obstructs or evades the investigation of the same Article shall have imposed upon him a negligence fine not exceeding one million won. |
| (4) | The negligence fine as referred to in paragraphs (1) through (3) shall be imposed and collected by the Minister of Labor under the conditions prescribed by the Presidential Decree. |
| (5) | Any person who is dissatisfied with a disposition of the negligence fine under paragraph (4), may raise an objection against the Minister of Labor within 30 days after he is informed of the disposition. |
| (6) | If a person who is subject to a disposition of the negligence fine as referred to in paragraph (4), raises an objection under paragraph (5), the Minister of Labor shall notify this without delay to the competent court, which shall, upon receiving the notification, bring the case of the negligence fine to trial under the Procedure in the Non-Contentious Cases Litigation procedure Act. |
| (7) | If no objection is made nor negligence fine is paid in the period as referred to in paragraph (5), it shall be collected according to the example of the disposition of national taxes in arrears. |
| Article 87 (Joint Penal Provisions) |
If a representative of a juristic person or an agent, servant or other employee of a juristic or private person commits any offense as prescribed in Article 85 in relation to affairs of the juristic or private person, the fine as prescribed in the same Article shall also be imposed on the juristic or private person in addition to punishment of the offender.
ADDENDA
| (1) | (Enforcement Date) This Act shall enter into force on July 1, 1995. |
| (2) | (Transitional Measures related to Activities at the Time of This Act) Notwithstanding the provisions of Article 11, the insurance relationship between the business owner and workers (excluding the workers excluded under Article 8) in the business referred to in the main body of Article 7 at the time when this Act enters into force shall be deemed to be established on the date when this Act enters into force. |
| (3) | (Transitional Measures related to Improvement of Retirement Allowance System) The Minister of Labor shall work out plans to improve the retirement allowance system referred to in Article 28 of the Labor Standards Act according to the entry into force of this Act. |
ADDENDA<Act No. 4826, Dec. 22, 1994>
Article 1 (Enforcement Date)
This Act shall enter into force on May 1, 1995. (Proviso is Omitted.)
Articles 2 through 11 Omitted.
ADDENDA<Act No. 5226, Dec. 30, 1996>
| (1) | (Enforcement Date) This Act shall enter into force on January 1, 1997: Provided, That the amended provisions to Article 10-2 shall enter into force on January. 1, 1998. |
| (2) | (Transitional Measures on Persons over 65 Excluded from Application) In the case where a person who is employed in a business to which employment insurance is applicable at the time when this Act enters into force, and to whom this Act is not applicable according to the amended provisions to subparagraph 1-2 of Article 8, is separated from the business concerned and if he meets, all the requirements of the subparagraphs of Article 31 (1), he shall be paid unemployment benefits until December 31, 1997. |
| (3) | (Transitional Measures on Calculation of Basic Daily Wage for Benefit) In the case where the insured worker is separated from employment prior to entry into force of this Act, notwithstanding the amended provisions to Article 35, the basic daily wage for benefit shall be calculated in accordance with the previous provisions. |