CHAPTER Ⅰ GENERAL PROVISIONS
The purpose of this Act is to prevent unemployment, to promote employment, to ensure the development and improvement of vocational qualifications of workers, to strengthen the nation’s vocational guidance and job placement functions, by enforcing an employment insurance, and to stabilize the livelihood of workers and promote their job-seeking activities, by granting the benefits necessary for their livelihood when they are out of work, and thereby contributing to economic and social development.
The terms used in this Act are defined as follows: <Amended by Act No. 5399, Aug. 28, 1997; Act No. 5566, Sep. 17, 1998; Act No. 6099, Dec. 31, 1999; Act No. 6850, Dec. 30, 2002>
| 1. | The term “the insured” means the workers who are insured pursuant to the provisions of Articles 9 (1) and (2), 10 (1), and 10-2 (1) and (2); |
| 2. | The term “separation from one’s post” means the termination of an employment relationship between the insured and the business owner; |
| 3. | The term “unemployment” means a condition in which the insured remains unemployed by a separation from his post while he possesses an intent and ability to work; |
3-2. The term “recognition of unemployment” means a recognition by the head of the occupation stabilization agency that a person eligible for recipient’s qualification under Article 33-2 endeavors vigorously to find a job while he is out of a job; | 4. | The term “wages” means the wages pursuant to the Labor Standards Act: Provided, That among any money and articles granted during the period of temporary retirement from office or of the conditions similar thereto, the money and articles as determined by the Minister of Labor shall be deemed the wages pursuant to this Act; and |
| 5. | The term “daily workers” means the persons employed for a period of less than one month. |
| Article 2-2 (Standard Wages) |
| (1) | Where it is difficult to compute and verify the wages due to the closing of one’s business or a business place (hereinafter referred to as the “business”), a bankruptcy, etc., or where it falls under any cause prescribed by the Presidential Decree, the amount set forth and publicly announced by the Minister of Labor (hereinafter referred to as the “standard wages”) shall be the wages. |
| (2) | The standard wages referred to in paragraph (1) may be determined by a unit of hour, day, or month taking account of the kind and size of business, conditions of labor, and wage level, etc. |
[This Article Added by Act No. 5566, Sep. 17, 1998]
| Article 3 (Dealing with Insurance) |
The Minister of Labor shall deal with the employment insurance (hereinafter referred to as the “insurance”).
| Article 4 (Employment Insurance Projects) |
| (1) | In order to achieve the purpose of Article 1, the insurance shall perform, as the employment insurance projects, the employment security project, the vocational qualifications development project, the unemployment benefits, the temporary retirement benefits for childcare, and the maternity leave benefits before and after childbirth. <Amended by Act No. 6509, Aug. 14, 2001> |
| (2) | The insurance year for the employment insurance project (hereinafter referred to as the “insurance projects”) shall follow the fiscal year of the Government. |
| Article 5 (Assistance from State Treasury) |
The State may bear from its general account a part of the expenses required each year for the insurance projects. <Amended by Act No. 6509, Aug. 14, 2001>
| Article 6 (Deliberation by Employment Policy Deliberative Council) |
Important matters concerning the enforcement of this Act shall go through a deliberation by the Employment Policy Deliberative Council under Article 6 of the Framework Act on Employment Policy (hereinafter referred to as the “Employment Policy Deliberative Council”).
| Article 7 (Scope of Application) |
This Act shall apply to all businesses employing workers: Provided, That this shall not apply to any business as provided for in the Presidential Decree taking account of the size of business and the specific character by industry. <Amended by Act No. 5566, Sep. 17, 1998>
| Article 8 (Workers Exempt from Application) |
This Act shall not be applied to workers falling under any of the following subparagraphs: <Amended by Act No. 5226, Dec. 30, 1996; Act No. 5566, Sep. 17, 1998; Act No. 6124, Jan. 12, 2000; Act No. 6850, Dec. 30, 2002>
| 1. | Persons over 65 years of age; |
1-2. Deleted; <by Act No. 6850, Dec. 30, 2002>
| 2. | Persons whose specified working hours fall short of the hours as prescribed by the Presidential Decree; |
| 3. | Deleted; <by Act No. 6850, Dec. 30, 2002> |
| 4. | Deleted; <by Act No. 5566, Sep. 17, 1998> |
| 7. | Other persons determined by the Presidential Decree. |
| Article 8-2 (Investigation and Research Related to Employment Insurance) |
| (1) | The Minister of Labor may carry out the investigation and research projects in order to support a research on the labor market and occupations and the affairs related to the employment insurance. |
| (2) | The Minister of Labor may, if deemed necessary, have the persons as prescribed by the Presidential Decree perform by proxy a part of the affairs under paragraph (1). |
[This Article Added by Act No. 5226, Dec. 30, 1996]
CHAPTER Ⅱ THE INSURED AND INSURANCE RELATIONSHIP
| (1) | The business owner and the workers shall deservedly become the insured: Provided, That the business owner and workers stipulated in the proviso of Article 7, and the workers exempted from application under Article 8 shall be excluded. |
| (2) | Where the business owner under the proviso of Article 7 obtains an approval of the Minister of Labor after getting the consent of a majority of his workers (excluding the workers exempted from application under Article 8; the same shall apply hereafter in this paragraph and paragraph (3)), the relevant business owner and workers may be insured. |
| (3) | Where the business owner and workers, who have been insured under paragraph (2), intend to terminate an insurance contract, the relevant business owner shall obtain an approval of the Minister of Labor after getting the consent of two-thirds or more of the workers: Provided, That any termination under this case shall be limited to the case where one year elapses since the date of formulating the said insurance relationship. |
| (4) | The Minister of Labor may, if he deems that it is impossible to continuously maintain an insurance relationship, extinguish the relevant insurance relationship. |
| (5) | Where any project is executed by a few undertakings, such original contractor shall be regarded as the business owner subject to an application of this Act: Provided, That if the original contractor causes a subcontractor to succeed to a payment of premiums under a written contract, and the Minister of Labor approves it upon request by the original contractor, the said subcontractor shall be regarded as the business owner subject to an application of this Act. |
| Article 10 (Fictitious Subscription to Insurance) |
| (1) | Where the business, whose business owner and workers become the deserved insured under Article 9 (1), comes to fall under the business pursuant to the proviso of Article 7 due to a change, etc. in its scale, the relevant business owner and workers shall be deemed to have been insured under Article 9 (2) from the date of coming to fall thereunder. |
| (2) | Where the business owner under Article 9 (1) comes not to employ any insured workers in the course of the relevant business, they shall be deemed to have been insured for the non-employment period of any insured workers, within the limit of one year from the relevant first day. <Added by Act No. 5566, Sep. 17, 1998> |
| (3) | The provisions of Article 9 (3) shall apply mutatis mutandis to the termination of an insurance contract by the business owner and workers under paragraph (1). |
| Article 10-2 (Block Application of Businesses) |
| (1) | Where an individual business operated by a business owner, who is the deserved subscriber to the insurance under Article 9 (1), falls under each of the following subparagraphs, the whole of relevant individual business shall be deemed one business in the application of this Act: |
| 1. | The business owner shall be an identical person; |
| 2. | Respective business shall be one having a specified period; and |
| 3. | Type of business and the actual amount of annual construction works, etc. shall satisfy the requirement as prescribed by the Presidential Decree. |
| (2) | Any other business owner than those subject to a block application under paragraph (1) shall, where he intends to be subjected to an application of this Act by regarding all of individual businesses corresponding to the requirements under subparagraphs 1 and 2 of the same paragraph as a single business, obtain the consent of a majority of workers (excluding the workers exempted from application under Article 8; the same shall apply hereafter in paragraph (3)) and an approval of the Minister of Labor. In this case, unless a relation of block application is not terminated under paragraph (3), the relevant business owner shall be deemed to be continuously subjected to a block application to all of relevant individual businesses even during insurance years following the relevant insurance year. |
| (3) | Any business owner who is subjected to a block application under paragraph (2) shall, where he intends to terminate a relation of block application, obtain the consent of two-thirds or more of workers and an approval of the Minister of Labor. In this case, the termination of a relation of block application relation shall take effect from an insurance relation in the following insurance year. |
[This Article Added by Act No. 5226, Dec. 30, 1996]
| Article 11 (Establishment Date of Insurance Relationship) |
The insurance relationship to a business owner shall be established on any of the following date:
| 1. | In a business whose business owner and workers become the insured deservedly under Article 9 (1), the date on which the relevant business is initiated: Provided, That in the case of a business under the proviso of Article 7, if it corresponds to the business whose business owner and workers become the insured deservedly under Article 9 (1), the date on which it has come to correspond thereto; and |
| 2. | In the business that subscribes to the insurance by obtaining an approval of the Minister of Labor under Article 9 (2), the date next to that on which the relevant approval has been obtained. |
| Article 12 (Termination Date of Insurance Relationship) |
The insurance relationship to a business owner shall terminate on any of the following dates: <Amended by Act No. 5566, Sep. 17, 1998>
| 1. | The date next to that on which the business is discontinued or finished; |
| 2. | Where an insurance contract is terminated under Article 9 (3) (including the case of mutatis mutandis application in Article 10 (3)), the date next to that on which an approval of the Minister of Labor has been obtained on its termination; and |
| 3. | The date next to that on which the Minister of Labor has determined and notified of the termination of an insurance relationship under Article 9 (4). |
| Article 12-2 (Acquisition Date of Qualification of Insured) |
The insured shall acquire a qualification of the insured on the date of being employed at the business whereto this Act is applied: Provided,
That in the cases falling under any of the following subparagraphs, it shall be deemed to have acquired a qualification of the insured on the corresponding date, respectively:
| 1. | Where a person who was a worker exempt from application under Article 8 has come to be subjected to an application of this Act, the date on which he comes to be subjected thereto; and |
| 2. | In the case of a worker who was employed before the establishment date of insurance relationship under Article 11, the date on which an insurance relationship has been established. |
[This Article Added by Act No. 6850, Dec. 30, 2002]
| Article 12-3 (Loss Date of Qualification of Insured) |
The insured shall lose his qualification of the insured on the date falling under any of the following subparagraphs, respectively:
| 1. | Where the insured came to correspond to a worker exempt from application under Article 8, the date on which he has become a person subject to an exemption from application; |
| 2. | Where an insurance relationship was terminated under Article 12, the date on which the said insurance relationship has been terminated; |
| 3. | Where the insured left his job, the date next to that on which he has left his job; and |
| 4. | Where the insured deceased, the date next to that on which he has deceased. |
[This Article Added by Act No. 6850, Dec. 30, 2002]
| Article 13 (Report on Qualification for Insured, etc.) |
| (1) | The business owner shall file a report with the Minister of Labor on the matters relating to his workers’ acquisition and loss, etc. of qualifications for the insured, under the conditions as prescribed by the Presidential Decree. <Amended by Act No. 6850, Dec. 30, 2002> |
| (2) | With respect to the workers other than those employed by the original contractor from among workers engaged in the relevant business in case where the original contractor becomes a business owner under Article 9 (5), the subcontractor who employs the relevant workers shall file a report under paragraph (1). |
| (3) | Where any business owner fails to file a report on the matters relating to qualifications for the insured under paragraph (1), the workers may file the said report under the conditions as prescribed by the Presidential Decree. <Added by Act No. 6850, Dec. 30, 2002> |
| Article 13-2 (Confirmation of Separation from One’s Post) |
| (1) | Where any loss of qualifications for the insured has been caused by a separation from his post when a business owner files a report on a loss of qualifications for the insured under Article 13 (1), he shall prepare the documents attesting the particulars of a period of insured unit, cause of separation from the post, wages and retirement allowances, etc. paid before the separation from the post (hereinafter referred to as the “document confirming a separation from one’s post”), and submit them to the Minister of Labor. |
| (2) | Any person who has lost qualifications for the insured due to separation from one’s post may request the former business owner to issue a written certification of separation from one’s post, for the purpose of filing an application for a recognition of qualification for receiving the unemployment benefits. In this case, the business owner in receipt of the said request shall issue the document confirming a separation from one’s post. |
[This Article Added by Act No. 6850, Dec. 30, 2002]
| Article 14 (Verification of Qualifications for Insured) |
| (1) | The insured or the ex-insured may at any time request the Minister of Labor to verify the acquisition or loss of their qualifications for the insured, under the conditions as prescribed by the Presidential Decree. <Amended by Act No. 6850, Dec. 30, 2002> |
| (2) | The Minister of Labor shall, under the conditions as prescribed by the Presidential Decree, verify the acquisition or loss of the qualifications for the insured, upon receipt of a report of a business owner under Article 13, or of a request of the insured or the ex-insured under paragraph (1), or ex officio. <Amended by Act No. 6850, Dec. 30, 2002> |
| Article 14-2 (Restriction on Double Acquisition of Qualification for Insured) |
Where any worker is concurrently employed at two or more businesses for which an insurance relation has been effected, he shall acquire the qualification for the insured worker at one of them under the conditions as prescribed by the Ministerial Decree of Labor.
[This Article Added by Act No. 5566, Sep. 17, 1998]
CHAPTER Ⅲ EMPLOYMENT STABILIZATION PROJECTS
| Article 15 (Execution of Employment Stabilization Projects) |
| (1) | The Minister of Labor shall, where a manpower shortage occurs due to business fluctuations at home and abroad, changes in the industrial structures and other economic reasons, etc., or unstable employment conditions occur due to a reduction of employment opportunities, execute the employment stabilization projects, such as a prevention of unemployment of the insured and the ex-insured (hereinafter referred to as the “insured, etc.”), a promotion of reemployment, an expansion of employment opportunities, and other employment stabilization. <Amended by Act No. 5514, Feb. 20, 1998; Act No. 6850, Dec. 30, 2002> |
| (2) | The Minister of Labor shall, in executing the employment stabilization projects under paragraph (1), take preferential account of the enterprises whose number of workers, etc. meets the standards set forth by the Presidential Decree. <Amended by Act No. 5226, Dec. 30, 1996> |
| Article 16 (Support of Employment Adjustment) |
| (1) | Where any business owner facing with an inevitable employment adjustment due to a reduction of business size, or a discontinuance or conversion of business, which have been caused by business fluctuations or changes in industrial structures, takes such measures for employment stabilization of workers such as any suspension of business for workers, vocational qualifications development training necessary for job conversion, redeployment of manpower, the Minister of Labor may provide the relevant business owner with the required supports, under the conditions as prescribed by the Presidential Decree. <Amended by Act No. 5226, Dec. 30, 1996; Act No. 5514, Feb. 20, 1998> |
| (2) | With respect to the business owner taking measures for the employment stabilization for workers whose employments become unstable, such as employing the workers separated from their posts due to an employment adjustment under paragraph (1), the Minister of Labor may render necessary assistance, under the conditions as prescribed by the Presidential Decree. <Added by Act No. 5226, Dec. 30, 1996> |
| (3) | The Minister of Labor may, in providing supports under paragraph (1), render a preferential support 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 as prescribed by the Presidential Decree, render necessary supports to business owners who relocate their business to the regions where employment opportunities are remarkably deficient or employment conditions are rapidly deteriorating due to changes in industrial structures, etc., or newly establish or expand a business in relevant regions, and thereby contribute to a prevention of unemployment and a promotion of reemployment in the said regions, and to other owners who take measures necessary to expand employment opportunities in the said regions. <Amended by Act No. 6850, Dec. 30, 2002>
| Article 18 (Employment Promotion for Aged, etc.) |
The Minister of Labor may, under the conditions as prescribed by the Presidential Decree, render necessary supports to business owners who
newly employ the aged, etc., or take other necessary measures for their employment security, in order to promote employments of persons whose employments are especially difficult under normal conditions of labor markets, such as the aged, etc. (hereafter in this Article, referred to as the “aged, etc.”. <Amended by Act No. 6850, Dec. 30, 2002>
| Article 18-2 (Support for Employment Stabilization of Construction Workers, etc.) |
| (1) | The Minister of Labor may, under the conditions as prescribed by the Presidential Decree, render necessary supports to business owners who perform the projects under any of the following subparagraphs, for the workers whose employment conditions are unstable, such as construction workers, etc.: |
| 1. | Projects to improve employment conditions; |
| 2. | Projects for employment stabilization, such as providing opportunities for continued employment; and |
| 3. | Other projects for employment stabilization as determined by the Presidential Decree. |
| (2) | The Minister of Labor may, where it is difficult for a single business owner to execute an employment stabilization project in connection with the projects listed in each subparagraph of paragraph (1) as prescribed by the Presidential Decree, also render supports to a business owners’ association. |
[This Article Added by Act No. 5226, Dec. 30, 1996]
| Article 19 (Support for Employment Promotion Facilities) |
The Minister of Labor may, in order to promote the workers’ employment, render supports to the installation and operation, etc. of such facilities,
under the conditions as prescribed by the Presidential Decree, as the living quarters for migrant workers, facilities for promotion of the female workers’ employment, facilities for counseling on getting a job or employment problems for workers, and other facilities to promote employment promotion prescribed by the Presidential Decree.
| Article 20 (Furnishing Employment Information, and Vocational Guidance, etc.) |
| (1) | The Minister of Labor may perform the projects, such as furnishing the information on job offers or job seeking and other employment information, vocational guidance, job introduction, creation of the basis for employment security, and deployment of the professional manpower needed therefor, for the business owners, the insured and other job |
seekers. <Amended by Act No. 5226, Dec. 30, 1996; Act No. 6850, Dec. 30, 2002>
| (2) | The Minister of Labor may, if deemed necessary, have the private vocational consultants under Article 4-4 of the Employment Security Act perform a part of his duties under paragraph (1). <Amended by Act No. 6850, Dec. 30, 2002> |
| Article 20-2 (Restrictions on Support Accompanying Unlawful Acts) |
| (1) | The Minister of Labor may, under the conditions as prescribed by the Presidential Decree, restrict the relevant supports to a person who has received or intends to receive supports of employment stabilization project under this Chapter by falsity or other unlawful means, or order the refund of such supports as have already been provided. In this case, the said Minister may, where he orders the refund, collect the amount less than that already provided by relevant falsity or other unlawful means, in addition thereto pursuant to the standard determined by the Ministerial Decree of Labor. <Amended by Act No. 6099, Dec. 31, 1999> |
| (2) | The Minister of Labor may, under the conditions as determined by the Minister of Labor, refrain from rendering to a defaulter of premiums the support of employment stabilization project under this Chapter. |
[This Article Added by Act No. 5514, Feb. 20, 1998]
CHAPTER Ⅳ VOCATIONAL QUALIFICATIONS DEVELOPMENT PROJECTS
| Article 21 (Execution of Vocational Qualifications Development Projects) |
| (1) | The Minister of Labor shall provide the insured, etc. with opportunities to develop or improve their own vocational qualifications throughout the whole period of their occupational life, and execute the vocational qualifications development projects in order to support the development or improvement of vocational qualifications. |
| (2) | The Minister of Labor shall, in executing the vocational qualifications development project under paragraph (1), take preferential account of the enterprises whose number of workers, etc., meets the standards as prescribed by the Presidential Decree. <Amended by Act No. 5226, Dec. 30, 1996> |
| Article 22 (Support to Vocational Qualifications Development Training by Business Owners) |
The Minister of Labor may, under the conditions as prescribed by the Presidential Decree, render supports for the expenses necessary for the vocational qualifications development training to the business owner performing the said training as determined by the Presidential Decree in order to develop or improve vocational qualifications of the insured, etc. <Amended by Act No. 5226, Dec. 30, 1996; Act No. 5514, Feb. 20, 1998; Act No. 6099, Dec. 31, 1999>
| Article 23 Deleted.<by Act No. 5514, Feb. 20, 1998> |
| Article 23-2 (Standards, etc. for Support to Expenses) |
The amount of supports shall, where the Minister of Labor renders a
support for expenses to the business owner pursuant to Article 22, be the amount obtained by multiplying the vocational qualifications develop ment premium from among the estimated premiums of the relevant year under Article 60 by the ratio determined by the Presidential Decree, but the limit thereto shall be prescribed by the Presidential Decree. <Amended by Act No. 5514, Feb. 20, 1998> [This Article Added by Act No. 5226, Dec. 30, 1996]
| Article 24 (Support to Insured, etc. for Vocational Qualifications Development) |
| (1) | The Minister of Labor may, where the insured, etc. undergo the vocational qualifications development training or endeavor to develop or improve their vocational qualifications, render the support for necessary expenses under the conditions as prescribed by the Presidential Decree. |
| (2) | The Minister of Labor may, if deemed necessary, execute the vocational qualifications development training in order to promote the reemployment of the unemployed under the conditions as prescribed by the Presidential Decree. <Amended by Act No. 6850, Dec. 30, 2002> |
[This Article Wholly Amended by Act No. 5514, Feb. 20, 1998]
| Article 25 (Support for Vocational Qualifications Development Training Facilities) |
| (1) | The Minister of Labor may, if deemed necessary for the development or improvement of the vocational qualifications of the insured, etc., make a loan of the expenses required to install the vocational qualifications development training facilities and to purchase the equipments thereof, and render supports for the expenses to install the vocational qualifications development training facilities determined by the Minister of Labor and the costs necessary to purchase and operate the equipments, under the conditions as prescribed by the Presidential Decree. <Amended by Act No. 5514, Feb. 20, 1998; Act No. 6850, Dec. 30, 2002> |
| (2) | Deleted. <by Act No. 5514, Feb. 20, 1998> |
| Article 26 (Promotion of Vocational Qualifications Development) |
| (1) | The Minister of Labor may, in order to promote the development or improvement of vocational qualifications of the insured, etc., execute the projects falling under any of the following subparagraphs or render supports for the expenses necessary for such execution to persons who perform them: |
| 1. | Technical assistance projects for the vocational qualifications development project; |
| 2. | Projects to encourage the skills and technology; and |
| 3. | Other projects as prescribed by the Presidential Decree. |
| (2) | The Minister of Labor may, if deemed necessary to develop or improve vocational qualifications and to facilitate the supply and demand of manpower, execute by an entrustment thereof the vocational qualifications development training projects for occupational categories as determined by the Minister of Labor, under the conditions as prescribed by the Presidential Decree. <Amended by Act No. 5514, Feb. 20, 1998> |
[This Article Wholly Amended by Act No. 5226, Dec. 30, 1996]
| Article 26-2 (Supports for Vocational Qualifications Development of Construction Workers, etc.) |
| (1) | The Minister of Labor may render supports for the execution thereof to the business owner performing the projects as prescribed by the Presidential Decree in terms of the development or improvement of vocational qualifications for the workers under unstable employment conditions, such as construction workers, etc. |
| (2) | The Minister of Labor may, where it is difficult for a single business owner to execute the vocational qualifications development project in connection with the projects listed in paragraph (1) as prescribed by the Presidential Decree, also render supports to a business owners’ association. |
[This Article Added by Act No. 5226, Dec. 30, 1996]
| Article 26-3 (Restriction, etc. on Support Accompanying Unlawful Act) |
The provisions of Article 20-2 shall apply mutatis mutandis to the restriction, etc. on support for vocational qualifications development projects under this Chapter. [This Article Added by Act No. 5514, Feb. 20, 1998]
| Article 27 (Performing Duties under Proxy) |
The Minister of Labor may, if deemed necessary, have the persons stipulated by the Presidential Decree perform by proxy a part of his duties under Articles 21, 22, 23-2, and 24 through 26. <Amended by Act No. 5514, Feb. 20, 1998>
CHAPTER Ⅴ UNEMPLOYMENT BENEFITS
Section 1 General Provisions
| Article 28 (Kinds of Unemployment Benefits) |
| (1) | Unemployment benefits shall be divided into job-seeking benefits and employment promotion allowances. <Amended by Act No. 5226, Dec. 30, 1996; Act No. 6850, Dec. 30, 2002> |
| (2) | The kind of employment promotion allowances shall be as follows: <Amended by Act No. 6850, Dec. 30, 2002> |
| 1. | Early reemployment allowance; |
| 2. | Vocational qualifications development allowance; |
| 3. | Job-seeking expenses for wider regions; and |
| Article 29 (Protection of Right to Receive Benefits) |
The right to receive unemployment benefits shall not be transferred or seized, or offered as a security.
| Article 30 Deleted.<by Act No. 6850, Dec. 30, 2002> |
| Article 30-2 (Extension of Application of Unemployment Benefits) |
Where any insured person separated from his post prior to 65 years of age comes to arrive at the age of 65 under the unemployment conditions in connection with the relevant separation, the provisions of this Chapter shall govern the said case, notwithstanding the provisions of subparagraph 1-2 of Article 8. <Amended by Act No. 6099, Dec. 31, 1999> [This Article Added by Act No. 5226, Dec. 30, 1996]
Section 2 Job-Seeking Benefits
| Article 31 (Requirements for Receiving Job-Seeking Benefits) |
| (1) | Job-seeking benefits shall be paid to the insured in case where he has been separated from his post and where he meets the following requirements: Provided, That the provisions of subparagraphs 5 and 6 shall be limited to the persons who were the daily workers at the time of final unemployment: <Amended by Act No. 5226, Dec. 30, 1996; Act No. 6099, Dec. 31, 1999; Act No. 6850, Dec. 30, 2002> |
| 1. | Insured unit period under Article 32 for 18 months prior to the date of separation from one’s post shall add up to not less than 180 days (hereafter referred to as the “standard period”); |
| 2. | The insured shall be in the jobless condition (including the case where he operates a business for the purpose of profit-making; hereafter in this Chapter, the same shall apply) in spite of his intent and ability to work; |
| 3. | Causes for separation from one’s post shall not fall under the causes for restricting recipient’s qualification under Article 45; |
| 4. | The insured shall make vigorous efforts for the reemployment; |
| 5. | Working days during one month prior to the date of application for a recognition of recipient’s qualification under Article 33-2 shall be less than 10 days; and |
| 6. | From among 180 days of the period of insured unit within a standard period prior to the date of final separation from one’s post, if there exist any fact of separation from one’s post at another business due to the causes corresponding to reasons for the restrictions on recipient’s qualification under Article 45, the insured shall have worked as a daily worker for not less than 90 days during the relevant period of insured unit. |
| (2) | With respect to the insured who has been unable to receive any wages |
continuously for more than 30 days during 18 months before the date of separation from one’s post due to disease, injury or other causes provided for by the Presidential Decree, the period obtained by adding the number of days being unable to receive any wages due to relevant causes to 18 months shall be the standard period (if it exceeds 3 years, it shall be 3 years).
| Article 32 (Insured Unit Period) |
| (1) | Insured unit period shall be calculated by adding up the days forming the basis for wage payment during the insured period. |
| (2) | In calculating the insured unit period under paragraph (1), where there exists a fact of obtaining a recognition of recipient’s qualification under Article 33-2 (1) prior to the date of acquiring the insured qualification in the end, the days forming the basis for wage payment prior to the date of separation from one’s post related to a recognition of the said recipient’s qualification shall not be included into the insured unit period. |
[This Article Wholly Amended by Act No. 6099, Dec. 31, 1999]
| Article 33 (Report on Unemployment) |
| (1) | A person who intends to be paid the job-seeking benefits shall present himself at the occupation stabilization agency immediately after a separation from his post, and file a report on his unemployment. |
| (2) | A report on unemployment under paragraph (1) shall contain an application for a job-seeking and that for a recognition of the recipient’s qualification under Article 33-2. <Amended by Act No. 6099, Dec. 31, 1999> |
[This Article Wholly Amended by Act No. 5226, Dec. 30, 1996]
| Article 33-2 (Recognition of Recipient’s Qualification) |
| (1) | Any person who seeks to be paid the job-seeking benefits shall obtain from the head of an occupation stabilization agency a recognition of the fact that he has met the recipient’s requirements for job-seeking benefits under Article 31 (1) 1 through 3, 5 and 6 (hereinafter referred to as the “recipient’s qualification”. <Amended by Act No. 6850, Dec. 30, 2002> |
| (2) | The head of the occupation stabilization agency shall, upon receipt of an application for a recognition of a recipient’s qualification under paragraph (1), determine whether such recognition on the applicant is to be granted, and notify him of the relevant results under the conditions as prescribed by the Presidential Decree. |
| (3) | Where the applicant under paragraph (2) meets requirements falling under each of the following subparagraphs, whether he is to be granted a recipient’s qualification shall be determined on the basis of the business from which he has been separated in the end: |
| 1. | There shall be a fact of separation from one’s post as an insured person before an employment at the business from which he has been separated in the end as an insured person; and |
| 2. | There shall not be a fact of a recognition of recipient’s qualification related with a separation from post prior to the separation in the end. |
| (4) | Where any person who has received a recognition of recipient’s qualification under paragraph (2) (hereinafter referred to as a “qualified recipient”) has newly received a recognition of recipient’s qualification |
within the period under Articles 39 and 42-4 (1), the job-seeking benefits shall be paid on the basis of the newly-recognized recipient’s qualification. [This Article Added by Act No. 6099, Dec. 31, 1999]
| Article 34 (Recognition of Unemployment) |
| (1) | Job-seeking benefits shall be paid for the days subject to a receipt of unemployment recognition from the head of the occupation stabilization agency, from among the days on which a qualified recipient has been under the condition of unemployment. <Amended by Act No. 6099, Dec. 31, 1999> |
| (2) | Deleted. <by Act No. 6099, Dec. 31, 1999> |
| (3) | Any qualified recipient who intends to obtain an unemployment recognition shall present himself once in every two weeks reckoning from the date of filing a report on unemployment under Article 33 on the date designated by the head of the occupation stabilization agency, and file a report on his endeavor for the reemployment, and the head of the occupation stabilization agency shall grant a recognition of unemployment for respective days during 14 days immediately preceding: Provided, That the method of recognizing unemployment of persons falling under each of the following subparagraphs shall be governed by the standards prescribed by the Ministerial Decree of Labor: <Amended by Act No. 5514, Feb. 20, 1998; Act No. 6099, Dec. 31, 1999; Act No. 6850, Dec. 30, 2002> |
| 1. | Qualified recipients who undergo a vocational qualifications development training, etc.; |
| 2. | Qualified recipients in case where the causes as prescribed by the Presidential Decree have occurred, such as a natural disaster or mass unemployment; and |
| 3. | Other qualified recipients as prescribed by the Presidential Decree. |
| (4) | Notwithstanding the provisions of paragraph (3), where a qualified recipient falls under any of the following subparagraphs, he may obtain a recognition of unemployment by submitting a certificate describing the reasons which have prevented him from attending the occupation stabilization agency: <Amended by Act No. 5514, Feb. 20, 1998> |
| 1. | Where he has been unable to attend the occupation stabilization agency due to a disease or injury, and the said period is less than 7 consecutive days; |
| 2. | Where he has been unable to attend the occupation stabilization agency due to an interview with a job offerer through a placement service of the occupation stabilization agency; |
| 3. | Where he has been unable to attend the occupation stabilization agency in order to undergo a vocational qualifications development training ordered by the head of an occupation stabilization agency; and |
| 4. | Where he has been unable to attend the occupation stabilization agency due to a natural disaster or other inevitable causes. |
| (5) | The head of an occupation stabilization agency shall, in recognizing an unemployment under paragraph (1), if deemed necessary to facilitate an employment of a qualified recipient, take measures as prescribed by the Ministerial Decree of Labor, such as a placement service, etc. In this case, a qualified recipient shall comply with measures taken by the head of an occupation stabilization agency unless there exist any justifiable reasons otherwise. <Added by Act No. 6099, Dec. 31, 1999> |
| Article 35 (Basic Daily Wage for Benefit) |
| (1) | Daily wages forming the basis for computing job-seeking benefits (hereinafter referred to as the “basic daily wage”) shall be the average wages computed pursuant to Article 19 (1) of the Labor Standards Act on the basis of final date of separation from one’s post related to a recognition of recipient’s qualification under Article 33-2 (1): Provided, That if the fact of an acquisition of qualifications for the insured, within 3 months prior to the date of final separation from one’s post, is not less than twice, such amount shall be the basic daily wages as are derived from dividing the total wages paid to the relevant worker during 3 months prior to the date of final separation from one’s post (in the case of a daily worker, it shall be the period excluding final one month of 4 months prior to the date of final separation from one’s post), by the total number of days in 3 months which constitute the standard for the relevant computation. <Amended by Act No. 5226, Dec. 30, 1996; Act No. 6099, Dec. 31, 1999; Act No. 6850, Dec. 30, 2002> |
| (2) | Where the amount computed under paragraph (1) is lower than the ordinary wage of a relevant worker under the Labor Standards Act, such amount of the ordinary wage shall be the basic daily wage: Provided, That the same shall not apply to the case of a person who was a daily worker at the time of separation from one’s post at the final business. <Amended by Act No. 5399, Aug. 28, 1997; Act No. 6850, Dec. 30, 2002> |
| (3) | Where it is difficult to compute the basic daily wage under paragraphs (1) and (2), and where any premiums are paid on the basis of the basic wage, such basic wage shall be the basic daily wage. <Amended by Act No. 5566, Sep. 17, 1998> |
| (4) | Notwithstanding the provisions of paragraphs (1) through (3), where the basic daily wage computed under these provisions is lower than the amount obtained by multiplying the specified working hours per day of the relevant qualified recipient one day prior to the separation from one’s post by the minimum wage equivalent to the time unit under the Minimum Wages Act, which has been applicable at the date of separation, (hereinafter referred to as the “minimum basic daily wage”), such minimum basic daily wage shall be the basic daily wage. <Amended by Act No. 5566, Sep. 17, 1998> |
| (5) | Notwithstanding the provisions of paragraphs (1) through (3), where |
the basic daily wage computed under these provisions exceeds the amount as prescribed by the Presidential Decree in consideration of the purpose of the insurance and the wage level of ordinary workers, such amount as prescribed by the Presidential Decree shall be the basic daily wage. <Added by Act No. 5566, Sep. 17, 1998>
| Article 36 (Daily Amount of Job-Seeking Benefits) |
| (1) | Daily amount of job-seeking benefits shall be the amount in accordance with classifications falling under any of the following subparagraphs: <Amended by Act No. 6099, Dec. 31, 1999> |
| 1. | Amount obtained by multiplying the basic daily wage of relevant qualified recipient by 50/100, in the cases of Article 35 (1) through (3) and (5); and |
| 2. | Amount obtained by multiplying the basic daily wage of relevant qualified recipient by 90/100 (hereinafter referred to as the “minimum daily amount of job-seeking benefits”) in the case of Article 35 (4). |
| (2) | Where a daily amount of job-seeking benefits computed under paragraph (1) 1 is lower than the minimum daily amount of job-seeking benefits, the minimum daily amount of job-seeking benefits shall be the |
daily amount of job-seeking benefits of the relevant qualified recipient.
[This Article Wholly Amended by Act No. 5566, Sep. 17, 1998]
| Article 37 (Report of Labor during Unemployment Period) |
| (1) | Where any qualified recipient has provided his labor during the period for which he intends to obtain a recognition of unemployment (hereinafter referred to as the “period subject to a recognition of unemployment”), he shall file a report on such facts with the head of an occupation stabilization agency. <Amended by Act No. 6099, Dec. 31, 1999; Act No. 6850, Dec. 30, 2002> |
| (2) | The head of an occupation stabilization agency may, if deemed necessary, conduct an investigation on the fact of providing any labor during the period subject to a recognition of unemployment of the qualified recipient. <Amended by Act No. 6099, Dec. 31, 1999; Act No. 6850, Dec. 30, 2002> |
| Article 38 Deleted.<by Act No. 6850, Dec. 30, 2002> |
| Article 39 (Receiving Period and Number of Days) |
| (1) | Unless otherwise provided in this Act, the job-seeking benefits shall be paid within the limit of the specified number of days for benefits under Article 41 (1), for less than 12 months reckoning from the date of separation from one’s post related to the recipient’s qualification for the relevant job-seeking benefits. <Amended by Act No. 5226, Dec. 30, 1996; Act No. 6099, Dec. 31, 1999> |
| (2) | Where any person who is unable to start work due to pregnancy, childbirth, childcare and other causes prescribed by the Presidential Decree during the 12-month period under paragraph (1), files a report on such facts with the occupation stabilization agency within the receiving period, the job-seeking benefits shall be paid within the limit of the specified number of days for benefits under Article 41 (1) for less than such period as adding up the relevant period being unable to start work to the period of 12-month (where exceeding 4 years, it shall be 4 years). <Amended by Act No. 5226, Dec. 30, 1996; Act No. 6099, Dec. 31, 1999; Act No. 6850, Dec. 30, 2002> |
| Article 40 (Waiting Period) |
Notwithstanding the provisions of Article 34, the job-seeking benefits shall not be paid for 7 days, reckoning from the date of reporting unemployment under Article 33, by deeming them to be a waiting period. <Amended by Act No. 5226, Dec. 30, 1996; Act No. 6850, Dec. 30, 2002>
| Article 41 (Specified Number of Days for Benefits) |
| (1) | The days entitled to receive the job-seeking benefits under single recipient’s qualification (hereinafter referred to as the “specified number of days for benefits”) shall be days reckoning from the date next to that of an expiration of the waiting period, to the date which satisfies the number of days as set in the Appendix pursuant to the period of insured and the ages. <Amended by Act No. 6850, Dec. 30, 2002> |
| (2) | Where the qualified recipient has extended the receiving period due to pregnancy, childbirth, childcare under Article 39 (2) and other causes prescribed by the Presidential Decree within the specified number of days for benefits, the job-seeking benefits shall be paid by allowing the grace as much as the relevant period. <Added by Act No. 6850, Dec. 30, 2002> |
| (3) | The insured period under paragraph (1) shall be the period of employment at the applicable enterprise at the time of separation from one’s post related to the relevant recipient’s qualification (excluding the employment period as a worker falling under any of the subparagraphs of Article 8; hereafter in this Article, the same shall apply): Provided, That where there exists a fact of separation from one’s post at other applicable enterprise, and where the insured qualifications have been reacquired within 3 years from such separation date, the insured period shall be computed by including the employment period at the applicable enterprise prior to the said separation. <Amended by Act No. 6099, Dec. 31, 1999> |
| (4) | Where there exists a fact of receiving the job-seeking benefits prior to a reacquisition of the insured qualifications at the applicable enterprise at the time of separation from post in calculating the insured period under the proviso of paragraph (2), the employment period prior to the separation date related to the relevant job-seeking benefits shall not be included in the insured period. <Amended by Act No. 5226, Dec. 30, 1996> |
| (5) | Where the date of becoming the insured in a single insured period is 3 years earlier retroactively from the date of verifying an acquisition of the insured qualifications under Article 14, the insured period shall be calculated by deeming that the relevant insured qualification has been acquired on the date for which 3 years elapsed retroactively from the date of obtaining the relevant verification. |
| Article 42 (Benefit for Extended Training) |
| (1) | The head of an occupation stabilization agency may, where deemed that an occupational qualifications development training is needed for a reemployment when taking account of ages, careers, etc. of qualified recipients, order the said qualified recipients to undergo the occupational qualifications development training, etc. <Amended by Act No. 6850, Dec. 30, 2002> |
| (2) | The head of an occupation stabilization agency may, where he has directed to undergo the occupational qualifications development training, etc. under paragraph (1), make an extended payment of job-seeking bennefits in excess of the specified number of days for benefits for such days as subjected to a recognition of unemployment during the period undergoing the relevant occupational qualifications development training. In this case, the payment period of job-seeking benefits paid extendedly (hereinafter referred to as the “benefit for extended training”) shall be limited to the period set forth by the Presidential Decree. |
| (3) | Persons subject to the training and training course under paragraph (1), and other necessary matters shall be prescribed by the Ministerial Decree of Labor. |
[This Article Wholly Amended by Act No. 6099, Dec. 31, 1999]
| Article 42-2 (Individual Extended Benefits) |
| (1) | With regard to the qualified recipient who has especially difficulties in obtaining any employment, leads a hard life, and is prescribed by the Presidential Decree, the head of an occupation stabilization agency may make an extended payment of job-seeking benefits for the days subjected to a recognition of unemployment, in excess of the specified number of days for benefits. <Amended by Act No. 6099, Dec. 31, 1999; Act No. 6850, Dec. 30, 2002> |
| (2) | Job-seeking benefits paid extendedly under paragraph (1) (hereinafter referred to as the “individual extended benefits”) shall be paid for the period prescribed by the Presidential Decree within the limit of 60 days. |
[This Article Added by Act No. 5514, Feb. 20, 1998]
| Article 42-3 (Special Extended Benefits) |
| (1) | The Minister of Labor may, where there occur any causes prescribed by the Presidential Decree such as a rapid increase of unemployment, make an extended payment of job-seeking benefits, within the limit of 60 days, in excess of the specified number of days for benefits for such days as subjected to a recognition of unemployment of a qualified recipient: Provided, That the same shall not apply to the qualified recipients determined by the Ministerial Decree of Labor, such as those having income in excess of a specified standard for a stabilization of livelihood after a separation from one’s post. <Amended by Act No. 5566, Sep. 17, 1998; Act No. 6099, Dec. 31, 1999> |
| (2) | The Minister of Labor shall, where he intends to pay the job-seeking benefits paid extendedly under the text of paragraph (1) (hereafter referred to as the “special extended benefits”), execute it with fixing a specified period. |
[This Article Added by Act No. 5514, Feb. 20, 1998]
| Article 42-4 (Receiving Period of Extended Benefits, and Daily Amount of Job-Seeking Benefits) |
| (1) | The receiving period of a relevant qualified recipient in the case of paying extended benefits under Articles 42 through 42-3 shall be such period as computed by adding the extended number of days for job-seeking benefits into the receiving period of the relevant qualified recipient under Article 39. <Amended by Act No. 6099, Dec. 31, 1999> |
| (2) | The daily amount of job-seeking benefits shall, where the extended benefits are paid under Articles 42 through 42-3, be the amount obtained by multiplying the daily amount of job-seeking benefits for a relevant qualified recipient by 70/100. <Amended by Act No. 6099, Dec. 31, 1999> |
| (3) | Where the daily amount of job-seeking benefits computed under paragraph (2) is lower than the minimum daily amount of job-seeking benefits under Article 36 (2), the minimum daily amount of job-seeking benefits shall be deemed to be the daily amount of job-seeking benefits of the relevant qualified recipient. |
[This Article Added by Act No. 5514, Feb. 20, 1998]
| Article 42-5 (Mutual Adjustment, etc. of Extended Benefits) |
| (1) | Extended benefits under Articles 42, 42-2 and 42-3 shall be paid after finishing the payment of job-seeking benefits payable to the relevant qualified recipient under Article 39. |
| (2) | The individual extended benefits and special extended benefits shall not be paid to a qualified recipient currently receiving the benefits for extended training, unless it is after the payment of said benefits for extended training is finished. |
| (3) | Where a qualified recipient currently receiving the individual or special extended benefits comes to receive the benefits for extended training, the individual or special extended benefits shall not be paid. |
| (4) | Individual extended benefits shall not be paid to a qualified recipient currently receiving the special extended benefits unless it is after the payment of special extended benefits is finished, and special extended benefits shall not be paid to a qualified recipient currently receiving the |
individual extended benefits unless it is after the payment of individual extended benefits is finished.
| (5) | Other matters necessary for the adjustment of extended benefits shall be determined by the Ministerial Decree of Labor. <Amended by Act No. 5566, Sep. 17, 1998> |
[This Article Added by Act No. 5514, Feb. 20, 1998]
| Article 43 (Date and Method of Payment) |
| (1) | Job-seeking benefits shall be paid for the portion of number of days subjected to a recognition of unemployment once in every two weeks, under the conditions as 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 separately determine the payment method of job-seeking benefits for the qualified recipients undergoing a vocational qualifications development training, etc. ordered by the head of an occupation stabilization agency, and other qualified recipients prescribed by the Presidential Decree. <Amended by Act No. 5226, Dec. 30, 1996; Act No. 5514, Feb. 20, 1998> |
| (3) | The head of an occupation stabilization agency shall fix the date for paying job-seeking benefits to the qualified recipients, and notify the interested parties thereof. <Amended by Act No. 5226, Dec. 30, 1996> |
| Article 44 (Unpaid Job-Seeking Benefits) |
| (1) | Where a qualified recipient dies, and if there remains any unpaid portion of job-seeking benefits payable to the said person, such portion shall be paid upon request from the spouse (including the person in a de facto marital relationship), children, parents, grandchildren, grandparents, or brothers and sisters of the relevant qualified recipient who have shared the same livelihood. <Amended by Act No. 5226, Dec. 30, 1996> |
| (2) | With respect to the period for which a qualified recipient has been unable to receive a recognition of unemployment due to his death, a person who requests a payment of unpaid job-seeking benefits under paragraph (1), under the conditions as prescribed by the Presidential Decree, shall obtain a recognition of unemployment for the relevant qualified recipient. In this case, where the qualified recipient comes to fall under Article 37 (1), a person who requests the said payment shall file a report with the head of an occupation stabilization agency under paragraph (1) of the same Article. <Amended by Act No. 5226, Dec. 30, 1996> |
| (3) | The order of persons entitled to unpaid job-seeking benefits under paragraph (1) shall be the orders listed in the said paragraph. In this case, if there are two or more persons in the same order, a request by one of them shall be deemed to have been made for all of them, and a payment to the said one person shall be deemed to be a payment to all. <Amended by Act No. 5226, Dec. 30, 1996> |
| Article 45 (Restriction on Recipient’s Qualification for Benefits due to Causes of Separation from One’s Post) |
| (1) | Notwithstanding the provisions of Article 31, where the insured has been dismissed due to serious causes imputable to himself, or separated from his post due to personal grounds without any justifiable reasons, he shall be deemed to be unqualified for any benefits. |
| (2) | A recognition of whether there exist any serious causes and personal grounds under paragraph (1) shall be made by the head of an occupation stabilization agency pursuant to the standards set forth by the Ministerial Decree of Labor. <Amended by Act No. 5566, Sep. 17, 1998; Act No. 6099, Dec. 31, 1999> |
| Article 45-2 (Deferment of Payment of Job-Seeking Benefits due to Receipt of Large Amount of Money and Articles) |
| (1) | Notwithstanding the provisions of Article 39 (1), the payment of job-seeking benefits may be deferred for three months from the date of reporting unemployment under Article 33, for a qualified recipient who has received, as his retirement pay, etc. the money and articles in excess of the amount prescribed by the Presidential Decree taking account of economic conditions at the time of the separation of his post (including any person who is sure to receive as prescribed by the Presidential Decree). <Amended by Act No. 6099, Dec. 31, 1999> |
| (2) | In the case of a qualified recipient for whom a payment grace period for job-seeking benefits under paragraph (1) has expired, he shall bedeemed to have gone through the waiting period under Article 40. <Added by Act No. 6850, Dec. 30, 2002> |
| (3) | Receiving period for a qualified recipient subjected to a deferred payment of job-seeking benefits under paragraph (1) shall be the period computed by adding three months to the receiving period of relevant qualified recipient under Article 39. |
[This Article Added by Act No. 5566, Sep. 17, 1998]
| Article 46 (Restriction on Payment of Benefits due to Refusal of Training, etc.) |
| (1) | Where any qualified recipient refuses to assume an employment introduced by the head of an occupation stabilization agency, or refuses to undergo a vocational qualifications development training ordered by the head of an occupation stabilization agency, the payment of his jobseeking benefits shall be suspended under the conditions as prescribed by the Presidential Decree: Provided, That this shall not apply to the case where there exist any justifiable reasons falling under any of the following subparagraphs: <Amended by Act No. 5226, Dec. 30, 1996; Act No. 5514, Feb. 20, 1998; Act No. 6850, Dec. 30, 2002> |
| 1. | Where an introduced job or a kind of occupation obligated to undergo a vocational qualifications development training is not suitable to the ability of a qualified recipient; |
| 2. | Where a relocation of residence is necessitated in order to assume an employment or to undergo a vocational qualifications development training, but such relocation is difficult to make; |
| 3. | Where the level of wages for an introduced job is unreasonably lower than that of ordinary wages for the same kind of works or the same level of skills in the same region; and |
| 4. | Where there exist any other justifiable reasons. |
| (2) | Where any qualified recipient refuses, without any justifiable reasons, to undergo a vocational guidance for a promotion of reemployment conducted by the head of an occupation stabilization agency pursuant to the standard set forth by the Minister of Labor, the payment of jobseeking benefits shall be suspended under the conditions as prescribed by the Presidential Decree. <Amended by Act No. 5226, Dec. 30, 1996; Act No. 6850, Dec. 30, 2002> |
| (3) | A recognition of whether there exist any justifiable reasons under paragraphs (1) (proviso) and (2) shall be made by the head of an occupation stabilization agency pursuant to the standards set forth by the Minister of Labor. |
| (4) | The period for suspending a payment of job-seeking benefits under paragraphs (1) and (2) shall be determined and publicly announced by the Minister of Labor within the limit of one month. <Added by Act No. 5514, Feb. 20, 1998; Act No. 5566, Sep. 17, 1998> |
| Article 47 (Restriction on Payment of Benefits Due to Dishonest Acts) |
| (1) | To the persons who have received or intended to receive a payment of unemployment benefits by falsity and other illegal means, any jobseeking benefits shall not be paid from the date of having received or intended to receive the relevant benefits: Provided, That this shall not apply to the job-seeking benefits for such new recipient’s qualification as when the said new qualification has been acquired after a separation from their posts related to the relevant benefits. <Amended by Act No. 5226, Dec. 30, 1996> |
| (2) | Notwithstanding the text of paragraph (1), where the falsity or other illegal means fall under the causes as prescribed by the Presidential Decree, such as a nonperformance of reporting obligation or a false report under Article 37 (1), the job-seeking benefits shall not be paid only for the period subject to the relevant unemployment recognition: Provided, That the text of paragraph (1) shall govern the case where an act of violation has been committed two or more times. <Added by Act No. 6099, Dec. 31, 1999> |
| (3) | Even where any person who has received or intended to receive unemployment benefits by falsity or other illegal means has become to be disentitled for job-seeking benefits under paragraph (1) or (2), he shall be deemed to have received the relevant job-seeking benefits, in applying Article 41 (3) and (4). <Amended by Act No. 5226, Dec. 30, 1996; Act No. 6099, Dec. 31, 1999; Act No. 6850, Dec. 30, 2002> |
| (4) | Even where any person who has received or intended to receive unemployment benefits by falsity or other illegal means has become to be disentitled for job-seeking benefits under paragraph (1) or (2), he shall be deemed to have received the job-seeking benefits for the portion of relevant days for becoming disentitled, in applying Article 49 (2). <Amended by Act No. 5226, Dec. 30, 1996; Act No. 6099, Dec. 31, 1999> |
| Article 48 (Refund Order, etc.) |
| (1) | The head of an occupation stabilization agency may order any person who has received the job-seeking benefits by falsity and other illegal means to return the whole or part of the entire job-seeking benefits so paid, and he may, in addition thereto, under the standard set forth by the Ministerial Decree of Labor, collect the amount less than that corresponding to the amount of job-seeking benefits paid by relevant falsity and other illegal means. <Amended by Act No. 5226, Dec. 30, 1996; Act No. 5514, Feb. 20, 1998; Act No. 5566, Sep. 17, 1998> |
| (2) | Where the falsity and illegal means under paragraph (1) are due to any report, report or verification in falsehood by a business owner (including his agents, employed persons, and other employees), the said business owner shall be liable jointly and severally with the person who has received the relevant job-seeking benefits. <Amended by Act No. 5226, Dec. 30, 1996; Act No. 6099, Dec. 31, 1999> |
| (3) | The head of an occupation stabilization agency may, where there exist any job-seeking benefits mistakenly paid to qualified recipients or former qualified recipients, collect such paid amounts. <Added by Act No. 6099, Dec. 31, 1999> |
| Article 49 (Special Case of Injury or Disease, etc.) |
| (1) | For the days for which a recognition of unemployment has not been granted as any qualified recipient becomes unable to take employment due to disease, injury or child birth, after he has filed a report on unemployment under Article 33, the amount equivalent to the daily amount of job-seeking benefits under Article 36 (hereinafter referred to as the “injury and disease benefit”) may be paid upon request from the relevant qualified recipient in lieu of the job-seeking benefits notwithstanding Article 34 (1): Provided, That the injury and disease benefit shall not be paid for the period wherein a payment of job-seeking benefits has been suspended under Article 46 (1) and (2). <Amended by Act No. 5226, Dec. 30, 1996; Act No. 5566, Sep. 17, 1998> |
| (2) | The number of days entitled for a payment of injury and disease benefit shall be limited to the number of days obtained by deducting those for which the job-seeking benefits are paid under the relevant recipient’s qualification from the specific number of days for paying the job-seeking benefits of relevant qualified recipient. In this case, in applying the provisions of this Act (excluding Articles 47 and 48) to the person who has received the injury and disease benefit, the job-seeking benefits for the portion of days corresponding to those for paying the injury and disease benefit shall be deemed to have been paid. <Amended by Act No. 5226, Dec. 30, 1996> |
| (3) | The injury and disease benefit under paragraph (1) shall be paid on the first payment date of job-seeking benefits after a disappearance of |
reasons for inability to take relevant employment (in case of nonexistence of days for paying job-seeking benefits, the date determined by the head of an occupation stabilization agency): Provided, That if deemed necessary, it may be paid under the conditions as separately determined by the Minister of Labor. <Amended by Act No. 5226, Dec. 30, 1996>
| (4) | Notwithstanding the provisions of paragraph (1), where any qualified recipient is entitled for a payment of compensation or benefits as prescribed by the Presidential Decree in terms of the compensation for work suspension under Article 82 of the Labor Standards Act, temporary disability compensation benefits under Article 41 of the Industrial Accident Compensation Insurance Act and other compensation or benefits equivalent thereto, the injury and disease benefit shall not be paid. <Amended by Act No. 5454, Dec. 13, 1997> |
| (5) | The provisions of Articles 37, 38, 40, 44, 47 (1) through (3) and 48 shall apply mutatis mutandis to the payment of injury and disease benit. In this case, the term “period subject to a recognition of unemployment” from among Articles 37 and 38 shall be deemed the “days failing to obtain a recognition of unemployment”. <Amended by Act No. 6099, Dec. 31, 1999> |
Section 3 Employment Promotion Allowance
| Article 50 (Early Reemployment Allowance) |
| (1) | Early reemployment allowance shall be paid where it meets the standards set by the Presidential Decree, which is the case where a qualified recipient is reemployed at a stable occupation or carries on by himself the business aiming at the profitmaking. <Amended by Act No. 5226, Dec. 30, 1996; Act No. 6850, Dec. 30, 2002> |
| (2) | Notwithstanding the provisions of paragraph (1), where there exists a fact of receiving an early reemployment allowance by a qualified recipient within the period prescribed by the Presidential Decree, prior to the date of his reemployment at a stable occupation or the date of starting by himself the business aiming at the profitmaking, the early reemployment allowance shall not be paid. <Amended by Act No. 6850, Dec. 30, 2002> |
| (3) | The amount of early reemployment allowance shall be the amount computed pursuant to the standards set by the Presidential Decree in proportion to the number of days for which a payment is not yet made from among the specific number of days for paying the job-seeking benefits. <Amended by Act No. 5226, Dec. 30, 1996; Act No. 6850, Dec. 30, 2002> |
| (4) | In applying this Act (excluding the provisions of Articles 47 and 48) to the person who has received a payment of the early reemployment allowance, such job-seeking benefits shall be deemed to have been paid, as are equivalent to the portion of number of days obtained by dividing the amount of relevant early reemployment allowance by the daily amount of job-seeking benefits under Article 36. <Amended by Act No. 5226, Dec. 30, 1996; Act No. 6850, Dec. 30, 2002> |
| (5) | A subsidy may, under the conditions as prescribed by the Presidential Decree, be paid to a person who reemploys a qualified recipient at an early date so as to shorten the period for paying the job-seeking benefits. <Added by Act No. 5226, Dec. 30, 1996; Act No. 6850, Dec. 30, 2002> |
| Article 51 (Vocational Qualifications Development Allowance) |
| (1) | Vocational qualifications development allowance shall be paid in case where any qualified recipient undergoes vocational qualifications development training, etc., ordered by the head of an occupation stabilization agency, for the period of undergoing the relevant vocational qualifications development training, etc. <Amended by Act No. 5514, Feb. 20, 1998> |
| (2) | Notwithstanding the provisions of paragraph (1), the vocational qualifications development allowance shall not be paid for the period of suspending the payment of job-seeking benefits pursuant to Article |
46 (1) and (2). <Amended by Act No. 5226, Dec. 30, 1996>
| (3) | Matters necessary for the requisites and amount for a payment of vocational qualifications development allowance shall be prescribed by the Presidential Decree. In this case, the amount of vocational qualifications development allowance may be separately determined as to the vocational qualifications development training, etc. related to the sort of occupations recognized to be especially needed and publicly announced by the Minister of Labor by taking account of the conditions of supply and demand of manpower. <Amended by Act No. 5514, Feb. 20, 1998> |
| Article 52 (Expenses for Job-Seeking Activities in Wider Area) |
| (1) | Expenses for job-seeking activities in the wider area may be paid to the case recognized as necessary by the head of an occupation stabilization agency pursuant to the standards set by the Presidential Decree, where any qualified recipient engages in job-seeking activities over the extensive areas according to an introduction of an occupation stabilization agency. |
| (2) | The amount of expenses for job-seeking activities in wider area shall be those ordinarily required for the job-seeking activities under para |
graph (1), but the computation of relevant amount shall be under the conditions as determined by the Ministerial Decree of Labor.
| Article 53 (Migration Expenses) |
| (1) | Migration expenses may be paid in case where the head of an occupation stabilization agency deems it necessary under the standards set by the Presidential Decree, which is the case where any qualified recipient relocates his residence in order to take employment or to undergo a vocational qualifications development training, etc. ordered by the head of an occupation stabilization agency. <Amended by Act No. 5514, Feb. 20, 1998; Act No. 6850, Dec. 30, 2002> |
| (2) | The amount of migration expenses shall be the expenses ordinarily required for a migration of any qualified recipient and the family living together whose livelihood is maintained by the relevant person, but the computation of such amount shall be under the conditions as determined by the Ministerial Decree of Labor. |
| Article 54 (Restriction on Payment of Employment Promotion Allowance) |
| (1) | Employment promotion allowance shall not be paid to a person who has received or intended to receive unemployment benefits by falsity and other illegal means from the date of receiving the relevant benefits or intended to receive them: Provided, That this shall not apply to the case of acquiring a recipient’s qualification anew after a separation from post related to the relevant benefits, and with respect to the employment promotion allowance under the said new recipient’s qualification. <Amended by Act No. 6850, Dec. 30, 2002> |
| (2) | Notwithstanding the text of paragraph (1), where the falsity and other illegal means fall under the causes as prescribed by the Presidential Decree, such as a nonperformance of reporting obligation or a false report under Article 37 (1), no restrictions shall be made on the payment of employment promotion allowance: Provided, That the text of paragraph (1) shall govern the case where an act of violation has been committed two or more times. <Added by Act No. 6099, Dec. 31, 1999; Act No. 6850, Dec. 30, 2002> |
| (3) | Even where a person who has received or intended to receive the unemployment benefits by falsity and other illegal means has become disentitled to receive the employment promotion benefits under the provisions of paragraph (1) or (2), and thus become disentitled to receive the early reemployment benefits, he shall be deemed to have received such early reemployment benefits for which he has become disentitled to receive, in applying the provisions of Article 50 (4). <Amended by Act No. 6099, Dec. 31, 1999; Act No. 6850, Dec. 30, 2002> |
| Article 55 (Mutatis Mutandis Application) |
The provisions of Articles 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 be read as “person entitled to receive employment promotion allowance”. <Amended by Act No. 6850, Dec. 30, 2002>
CHAPTER Ⅴ-2 TEMPORARY RETIREMENT BENEFITS FOR CHILDCARE, ETC.
Section 1 Temporary Retirement Benefits for Childcare
| Article 55-2 (Temporary Retirement Benefits for Childcare) |
| (1) | The Minister of Labor shall pay temporary retirement benefits for childcare to the case where workers meet the requirement under any of the following subparagraphs, from among the insured who have been granted not less than 30 days of temporary retirement for childcare under Article 19 of the Act on the Equal Employment for Both Sexes (excluding the period overlapping with 90 days of maternity leave before and after childbirth under Article 72 of the Labor Standards Act): |
| 1. | Where the insured unit period under Article 32 prior to the beginning date of temporary rest for childcare shall add up to not less than 180 days; |
| 2. | Where a spouse who is the insured has not been granted a temporary rest for childcare (excluding a case of less than 30 days) for the same child; and |
| 3. | An application shall be filed from one month after the commencing date of temporary retirement for childcare to within six months after the ending date: Provided, That persons who have been unable to apply for a temporary rest benefits for childcare within the said period due to the causes prescribed by the Presidential Decree shall file an application within 30 days after such causes have ceased to exist. |
| (2) | The amount of a temporary retirement benefits for childcare under paragraph (1) shall be prescribed by Presidential Decree. |
| (3) | Matters necessary for the application for and payment of temporary retirement benefits for childcare shall be determined by the Ministerial Decree of Labor. |
[This Article Added Act No. 6509, Aug. 14, 2001]
| Article 55-3 (Certification of Temporary Retirement for Childcare) |
When the insured intends to obtain temporary rest benefits for childcare under Article 55-2, the employer shall provide her with full cooperation in various procedures such as a verification of facts, etc., under the conditions as determined by the Ministerial Decree of Labor. [This Article Added Act No. 6509, Aug. 14, 2001]
| Article 55-4 (Report, etc. on Employment) |
| (1) | Where the insured has been separated from a post or taken up a new employment (in the case of new employment, such cases shall be excluded as the specified working hours per week fall short of 18 hours; hereafter in this Chapter, the same shall apply), or has been provided by the employer with money and goods, she shall report to the head of employment security agency on such facts. |
| (2) | The head of employment security agency may, if deemed necessary, investigate whether the insured has been separated from a post or taken up a new employment during the period of temporary retirement benefits for childcare. |
[This Article Added Act No. 6509, Aug. 14, 2001]
| Article 55-5 (Restrictions, etc., on Payment of Benefits) |
| (1) | Where the insured has been separated from the relevant business or taken up a new employment during the period of temporary retirement benefits for childcare, the temporary retirement benefits for childcare shall not be paid from the time of such separation from her post or new employment. |
| (2) | Where the insured has been provided by the employer with money and goods on account of temporary retirement for childcare, her wages may be paid in a reduced amount, under the conditions as prescribed by Presidential Decree. |
| (3) | To persons who have received or attempted to receive the temporary retirement benefits for childcare by falsity or illegal means, the temporary retirement benefits for childcare shall not be paid from the date on which she has received or attempted to receive the relevant benefits: Provided, That where the requirements for temporary retirement benefits for childcare are newly met after temporary retirement for childcare related with the relevant benefits, this shall not apply to the temporary retirement benefits for childcare pursuant to such new requirements. |
[This Article Added Act No. 6509, Aug. 14, 2001]
| Article 55-6 (Mutatis Mutandis Application) |
The provisions of Article 48 shall apply mutatis mutandis to the temporary retirement benefits for childcare. In this case, the “job-seeking benefits” shall be deemed to be the “temporary retirement benefits for childcare”. [This Article Added Act No. 6509, Aug. 14, 2001]
Section 2 Maternity Leave Benefits Before and After Childbirth
| Article 55-7 (Maternity Leave Benefits Before and After Childbirth) |
The Minister of Labor shall pay maternity leave benefits before and after childbirth in case where the requirements under any of the following subparagraphs are met, which are the cases where the insured is, pursuant to Article 18 of the Act on the Equal Employment for Both Sexes, provided with a maternity leave before and after childbirth under Article 72 of the Labor Standards Act: | 1. | Where the insured unit period under Article 32 prior to the ending date of maternity leave before and after childbirth shall add up to not less than 180 days; and |
| 2. | An application shall be filed within six months after the ending date of maternity leave before and after childbirth: Provided, That persons who have been unable to apply for maternity leave benefits before and after childbirth within the said period due to the causes prescribed by the Presidential Decree shall file an application within 30 days after such causes have ceased to exist. |
[This Article Added Act No. 6509, Aug. 14, 2001]
| Article 55-8 (Period of Payment, etc.) |
| (1) | For the maternity leave benefits before and after childbirth under Article 55-7, the amount equivalent to ordinary wages under the Labor Standards Act (it shall be computed on the basis of the date of commencing maternity leave before and after childbirth) for the number of days exceeding 60 days (limited to the maximum of 30 days) during the period of maternity leave before and after childbirth under Article 72 of the Labor Standards Act. |
| (2) | The amount of paying maternity leave benefits before and after childbirth under paragraph (1) may be determined in its maximum and minimum amount, under the conditions as prescribed by the Presidential Decree. |
| (3) | Matters necessary for the application for and payment of maternity leave benefits before and after childbirth shall be determined by the Ministerial Decree of Labor. |
[This Article Added Act No. 6509, Aug. 14, 2001]
| Article 55-9 (Mutatis Mutandis Application) |
The provisions of Articles 48, 55-3 through 55-5 shall respectively apply mutatis mutandis to the maternity leave benefits before and after childbirth. In this case, the “job-seeking benefits” in Article 48 shall be deemed to be the “maternity leave benefits before and after childbirth”, and the “temporary retirement for childcare” in Articles 55-3 through 55-5 shall be deemed to be the “maternity leave before and after childbirth”. [This Article Added Act No. 6509, Aug. 14, 2001]
| (1) | The Minister of Labor shall collect a premium from the business owners and the insured workers in order to appropriate it to the expenses required for the insurance business. |
| (2) | Premiums to be borne by the insured workers under paragraph (1) shall be the amount obtained by multiplying their total wages by one half of the premium rates of unemployment benefits under Article 57: Provided, That where the wages under subparagraph 4 of Article 2 are not paid by the business owners, the relevant workers shall bear the amount obtained by multiplying their total wages by the premium rates of unemployment benefits under Article 57. <Amended by Act No. 5399, Aug. 28, 1997> |
| (3) | Premiums to be borne by business owners under paragraph (1) shall be the total sum of the amount obtained by multiplying total wages of workers engaged in the relevant business by the premium rates of employment security projects under Article 57, the amount obtained by multiplying them by the premium rates of vocational qualifications development projects, and the amount obtained by multiplying them by one half of the premium rates of unemployment benefits under Article 57. |
| (4) | Where it is difficult to determine the total estimated wages or the total amount of wages under Articles 60 (1) and 61 (1), the total estimated wages or the total amount of wages may be determined pursuant to the labor ratio as determined and publicly announced by the Minister of Labor. <Added by Act No. 5226, Dec. 30, 1996> |
| (5) | Of the premiums under paragraph (1), those collected by multiplying the premium rates of employment security projects, the premium rates of vocational qualifications development projects, and the premium rates of unemployment benefits under Article 57, shall be appropriated to the expenses required for the respective projects: Provided, That the unemployment benefits premiums may be appropriated to the expenses required for the temporary retirement benefits for childcare and the maternity leave benefits before and after childbirth. <Amended by Act No. 6509, Aug. 14, 2001> |
| Article 56-2 (Special Cases of Collection of Premium) |
Where an insured worker arrives at the age of 64, the premium shall not be collected for the insured period from the month whereto belongs the relevant date, notwithstanding the provisions of Article 56 (1). [This Article Added by Act No. 5226, Dec. 30, 1996]
| Article 57 (Determination of Premium Rates) |
| (1) | The premium rates shall be prescribed by the Presidential Decree by classifying into the premium rates of employment security projects, of vocational qualifications development projects, and of unemployment benefits, within the limit of 30/1,000, by taking account of the progress of insurance revenues and expenses and the economic conditions, etc. <Amended by Act No. 5514, Feb. 20, 1998> |
| (2) | Any change of the premium rate of paragraph (1) shall require a deliberation of the Employment Policy Deliberative Council. |
| Article 58 (Special Case of Determination of Premium Rates) |
Notwithstanding the provisions of Article 57 (1), in the enterprises for which 3 years elapsed since the formation of insurance relationship as of June 30 of each year, which are those as prescribed by the Presidential Decree, where the ratio of unemployment benefits amount against the premium amount of relevant unemployment benefits comes to exceed, or falls short of, the ratio as prescribed by the Presidential Decree, for 3 years retroactively from June 30 of the relevant year, the premium rate of unemployment benefits to be applied to the relevant enterprise, which is either raised or lowered within the limit of 40/100 pursuant to the criteria as prescribed by the Presidential Decree, may be made the premium rates of unemployment benefits for the following insurance year for the relevant enterprise.
| Article 59 (Tax Withholding for Premiums) |
| (1) | The business owner may, under the conditions as prescribed by the Presidential Decree, withhold at source the amount equivalent to the premiums to be borne by the insured workers under Article 56 (2) from the wages to be paid to the relevant insured workers. |
| (2) | The business owner shall, where he has withheld at source the amount equivalent to the premium under paragraph (1), deliver the statement of such withholding to the relevant insured worker. |
| (3) | The original contractor who becomes a business owner under Article |
9 (5) may, under the conditions as determined by the Ministerial Decree of Labor, entrust his subcontractors, who employ the insured workers other than those employed by himself, with withholding at source of the amount equivalent to the premium to be borne by the relevant insured workers from their wages. In this case, the provisions of paragraphs (1) and (2) shall apply mutatis mutandis to the withholding at source by subcontractors.
| (4) | Where the workers bear the premium of unemployment benefits pursuant to the proviso of Article 56 (2), the business owner shall report and pay the premium under Articles 60 and 61, and the said workers shall pay the amount equivalent to such premium to the business owner. <Added by Act No. 5399, Aug. 28, 1997> |
| Article 60 (Report and Payment of Estimated Premiums) |
| (1) | The business owner shall report and pay to the Minister of Labor |
the computed amount (hereinafter referred to as the “estimated premiums”) obtained by multiplying the estimated total wages to be paid to the insured workers by insurance project to be engaged in the relevant enterprise (in the case as prescribed by the Presidential Decree, the total wages paid to the insured workers by insurance project employed in the preceding year) for the said one year at each insurance year (in case where an insurance relationship is formulated during the insurance year, the period from the date of formulation to the end of year) by the premium rates by relevant insurance project under Article 57 within 70 days from the first day of the insurance year (from the date of such formulation, in case where an insurance relationship is formulated during the insurance year): Provided, That if a project which has no fixed period such as construction works, is to be finished within 70 days, such report and payment shall be made not later than the day preceding the date of completion of such business. <Amended by Act No. 5226, Dec. 30, 1996; Act No. 5399, Aug. 28, 1997> | (2) | The business owner shall, where the estimated amount of total wages increases in excess of the limits prescribed by the Presidential Decree after the estimated premiums are reported and paid under paragraph (1), report and pay to the Minister of Labor the difference between the estimated premium based on the estimated amount of total wages after its increase and the estimated premium already reported and paid, not later than the end of the month next to that wherein the cause of increase has occurred: Provided, That this shall not apply to the case of business operators as prescribed by the Presidential Decree, such as those of small-sized business, etc. <Amended by Act No. 5566, Sep. 17, 1998; Act No. 6099, Dec. 31, 1999> |
| Article 61 (Report, Payment and Settlement of Final Premiums) |
| (1) | The business owner shall report and pay to the Minister of Labor the computed amount (hereafter referred to as the “final premium”) obtained by multiplying the total amount of wages paid (including the wages decided to be paid) to the insured workers by insurance project who have been engaged in relevant enterprises until the end of each insurance year (if an insurance relationship has ceased to exist during the insurance year, such date of ceasing) by respective premium rates by insurance project under Article 57, within 70 days from the first day of the following insurance year (if an insurance relationship has ceased to exist during the insurance year, within 30 days from the day next to that of ceasing). <Amended by Act No. 5226, Dec. 30, 1996; Act No. 5399, Aug. 28, 1997> |
<Amended by Act No. 4826, Dec. 22, 1994>
| Article 62 Deleted.<by Act No. 5226, Dec. 30, 1996> |
| Article 63 Deleted.<by Act No. 5514, Feb. 20, 1998> |
| Article 64 (Employment Insurance Affairs Association) |
| (1) | An organization composed of the business owners, etc. and established under a special Act, an organization established under a permission of the Minister of Labor under Article 32 of the Civil Act, or an organization satisfying the standards prescribed by the Presidential Decree (hereinafter referred to as the “organization”) may, under delegation by the business owners, deal with the reports on the insured, the payment of premiums payable by the business owner and other collected amounts under this Act, and other affairs concerning the insurance (hereinafter referred to as the “insurance affairs”. In this case, the scope of business owners who may delegate insurance affairs shall be specified by the Presidential Decree. <Amended by Act No. 5566, Sep. 17, 1998> |
| (2) | An organization shall, where it intends to deal with the insurance affairs under paragraph (1), obtain an authorization of the Minister of Labor under the conditions as prescribed by the Presidential Decree. <Amended by Act No. 5566, Sep. 17, 1998> |
| (3) | An organization which has been authorized by the Minister of Labor under paragraph (2) (hereinafter referred to as the “employment insurance affairs association” shall, where it intends to discontinue the affairs under paragraph (1) or to modify the contents of authorization, file a report thereon with the Minister of Labor. <Amended by Act No. 5566, Sep. 17, 1998> |
| Article 64-2 (Assistance to Employment Insurance Affairs Association) |
The Minister of Labor may, where the employment insurance affairs association has dealt with the insurance affairs under Article 64 (1), pay the collection expenses and other subsidies under the conditions as prescribed by the Presidential Decree. [This Article Added by Act No. 5566, Sep. 17, 1998]
| Article 65 (Mutatis Mutandis Application) |
The provisions of Articles 69 through 71, 73 through 77 and 95 of the Industrial Accident Compensation Insurance Act shall apply mutatis mutandis to the payment and collection of the premium and other collected amounts under this Act (including the return of support amount to employment stabilization projects and vocational qualifications development projects, and of unemployment benefits). In this case, the terms "corporation" in Articles 69 through 71, 73 through 75 and 95 of the same Act, "report on the final premium" in Article 69 of the same Act and"the insured" in Articles 69, 71 and 95 of the same Act shall be read as "Minister of Labor", "report on the final premium" and "business owner", respectively. <Amended by Act No. 6099, Dec. 31, 1999> [This Article Wholly Amended by Act No. 4826, Dec. 22, 1994]
CHAPTER Ⅶ EMPLOYMENT INSURANCE FUND
| Article 66 (Establishment and Creation of Fund) |
| (1) | The Minister of Labor shall establish the employment insurance fund (hereafter referred to as the “fund”) in order to appropriate it to the financial resource required for the insurance projects. |
| (2) | The fund shall be created with the premiums, and the collected amounts, reserves, profits from an operation of the fund, and other revenues under 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 governed by the Framework Act on Funds Management. |
| (3) | The Minister of Labor shall manage and operate the fund in accordance with the methods listed in any of the following subparagraphs: |
| 1. | Deposits to financial institutions; |
| 2. | Deposits to public financial funds; |
| 3. | Purchase of securities issued directly, or guaranteed for the performance of the obligation, by the State, local governments, or financial institutions; and |
| 4. | Other methods to increase the fund as determined by the Presidential Decree. |
| (4) | The Minister of Labor shall, in managing and operating the fund, ensure that the earnings therefrom be or more than the standards as prescribed by the Presidential Decree. |
The fund shall be used for the following purposes: <Amended by Act No. 6509, Aug. 14, 2001>
| 1. | Expenses needed for the projects of employment security and vocational qualifications development; |
| 2. | Payment of unemployment benefits; |
2-2. Payment of the temporary retirement benefits for childcare and the maternity leave benefits before and after childbirth;
| 4. | Redemption of temporary borrowings and their interest; and |
| 5. | Other expenses needed for the enforcement of this Act as determined by the Presidential Decree, and the expenses incidental to the execution of the projects under subparagraphs 1 and 2. |
| Article 69 (Plans, etc. for Fund Operation) |
| (1) | The Minister of Labor shall formulate the plans for fund operation each year, and obtain an approval of the President, by going through a deliberation by the Employment Policy Deliberative Council and the State Council. |
| (2) | The Minister of Labor shall publicly announce the results of fund operation each year, by going through a deliberation by the Employment Policy Deloberative Council. |
| Article 70 (Opening of Fund Account) |
| (1) | The Minister of Labor shall open an account for the employment insurance fund with the Bank of Korea. |
| (2) | The account for employment insurance fund under paragraph (1) shall be managed by classifying into the employment stabilization project, vocational qualifications development project, and unemployment benefits. |
| (3) | Where a shortage of funds has occurred in executing the employment stabilization projects and vocational qualifications development projects, such deficit may be supplemented by funds for other projects with fixing the period of redemption, and in this case, such supplemented amount shall be redeemed under the conditions as prescribed by the Presidential Decree. <Added by Act No. 5514, Feb. 20, 1998> |
| Article 71 (Receipts and Disbursements of Fund) |
Matters necessary for the receipts and disbursements in the management and operation of the fund shall be prescribed by the Presidential Decree.
| Article 72 (Accumulation of Fund) |
| (1) | The Minister of Labor shall accumulate the idle funds in excess of required expenditures for the relevant year, as a reserve for making preparation against an occurrence of massive unemployment and other unstable employment conditions. |
| (2) | The optimum scale of the reserve under paragraph (1) shall be determined through a deliberation of the Employment Policy Deliberative Council. |
| Article 72-2 (Treatment of Surplus and Loss) |
| (1) | Where any surplus has been realized in the account settlement of the fund, it shall be appropriated to a reserve. |
| (2) | Where any loss has been incurred in the account settlement of the fund, it may be absorbed by using the reserve. |
[This Article Added by Act No. 5226, Dec. 30, 1996]
Where any shortage of funds occurs, or is expected to occur, in the defrayment of the fund, a borrowing may be made from the special account for financial loan, financial institutions, other funds, or other financial resources.
[This Article Wholly Amended by Act No. 5514, Feb. 20, 1998]
CHAPTER Ⅷ REQUEST FOR EXAMINATION AND REEXAMINATION
| Article 74 (Examination and Reexamination) |
| (1) | A person who has been dissatisfied with the verification of an acquisition or cancellation of the insurance qualification under Article 14, the dispositions on unemployment benefits under Chapter V, on temporary retirement benefits for childcare or maternity leave benefits before and after childbirth under Chapter V-2 (hereinafter referred to as the “original disposition, etc.”), may ask the examiner under Article 75 for examination, and the person dissatisfied with the decisions therefrom taken by the examiner may request the examination committee under Article 76 to make reexamination thereof. <Amended by Act No. 4826, Dec. 22, 1994; Act No. 6509, Aug. 14, 2001> |
| (2) | A request for examination under paragraph (1) shall be made within 90 days from the day on which it is known that a verification or disposition under the said paragraph has been made, and a request for reexamination shall be made within 90 days from the day on which it is known that a decision has been made on the request for examination. <Amended by Act No. 5226, Dec. 30, 1996> |
| (3) | A request for examination and reexamination under paragraph (1) shall be deemed a request in the course of the trial, with regard to the interruption of prescription. |
| Article 74-2 (Nomination of Agents) |
Any applicant for examination or for reexamination may nominate a person falling under any of the following subparagraphs as his agent other than his legal agents:
| 1. | Spouse, lineal ascendants or descendants, or siblings of the applicant; |
| 2. | Officers or employees of the corporation which is an applicant; |
| 3. | Attorneys-at-law or certified consultants on labor affairs; and |
| 4. | Persons who have obtained permission from the Employment Insurance Examination Committee. |
[This Article Added by Act No. 6099, Dec. 31, 1999]
| Article 75 (Employment Insurance Examiner) |
| (1) | An employment insurance examiner (hereafter referred to as the “examiner”) shall be assigned in order to have him conduct the examination under Article 74. |
| (2) | The examiner shall, upon receipt of a request for examination under Article 74 (1), make a decision on such request within 30 days: Provided, That where no decision is possible within the said period due to inevitable conditions, he may extend the said period just for once within the limit of not more than 10 days. <Amended by Act No. 4826, Dec. 22, 1994> |
| (3) | Matters necessary for the fixed number, qualifications, placement and duty of the examiner shall be prescribed by the Presidential Decree. |
| (4) | The parties concerned may, where there exists a condition under which it is difficult to expect any impartial examination or decision from the examiner, lodge a motion of challenge against him with the Minister of Labor. <Amended by Act No. 4826, Dec. 22, 1994> |
| (5) | Where an applicant for examination dies, if such an applicant is the beneficiary of unemployment benefits, his bereaved family under Article 44, and if he is other person than that, his heir or a person who succeeds to the rights or interests related to the original disposition, etc. which is the subject to a request for examination, shall succeed to the status of the applicant for examination, respectively. <Added by Act No. 4826, Dec. 22, 1994> |
| Article 75-2 (Request, etc. for Examination) |
| (1) | Any request for examination under Article 74 (1) shall be made to the examiner having jurisdiction over the competent districts of relevant occupation stabilization agency, by going through an occupation stabilization agency which has made the original disposition, etc. |
| (2) | The occupation stabilization agency shall forward a request for examination to a competent examiner, along with the written opinion, within 5 days from the date on which it has received such 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 as prescribed by the Presidential Decree.
[This Article Added by Act No. 4826, Dec. 22, 1994]
| Article 75-4 (Correction and Dismissal) |
| (1) | Where any request for examination has overpassed the period under Article 74 (2), or violated the legal modes and thus it is impossible to correct thereon, the examiner shall dismiss it under a decision. |
| (2) | Where any request for examination is possible to correct even if it has violated the legal modes, the examiner may order the applicant for examination to correct it with fixing a reasonable period: Provided, That if the matters to be corrected are minor, the examiner may correct them ex officio. |
| (3) | The examiner shall, where the applicant for examination fails to correct it within the period under paragraph (2), dismiss such request for examination under a decision. |
[This Article Added by Act No. 4826, Dec. 22, 1994]
| (1) | The examiner shall, where any request for examination violates the jurisdiction, transfer the said case to the competent examiner under the conditions as prescribed by the Presidential Decree, and notify the applicant for examination of such facts. |
| (2) | The case transferred under paragraph (1) shall be deemed to have been requested from the beginning to the examiner in receipt of such transfer. |
[This Article Added by Act No. 4826, Dec. 22, 1994]
| Article 75-6 (Suspension of Execution of Original Dispositions) |
| (1) | Any request for examination shall not suspend an execution of original dispositions, etc.: Provided, That the examiner may, where deemed that there exists an urgent necessity to avoid serious harm arising from the execution of original dispositions, etc., suspend the said execution ex officio. |
| (2) | The examiner shall, where he intends to suspend the execution pursuant to the proviso of paragraph (1), notify thereof by a document indicating the relevant causes. |
| (3) | The head of occupation stabilization agency shall, upon receipt of the notification under paragraph (2), without delay suspend such execution. |
| (4) | The examiner shall, where he has suspended the execution pursuant to paragraph (2), without delay notify the applicant for examination thereof. |
[This Article Added by Act No. 4826, Dec. 22, 1994]
| Article 75-7 (Powers of Examiners) |
| (1) | The examiner may, where deemed necessary for an examination of the request for examination, make investigations falling under any of the following subparagraphs at the request of an applicant for examination or ex officio: |
| 1. | To have the applicant for examination or the interested parties appear at the designated place for an interrogation or for stating his opinion; |
| 2. | To have the applicant for examination or the interested parties furnish the evidential documents or other articles; |
| 3. | To have a third party with professional knowledge or experience appraise the case; and |
| 4. | To gain an access to the business place related to the case or other places, and interrogate the business owner, employees or other interested parties, or inspect the documents and other articles. |
| (2) | The examiner shall, where he conducts the interrogation and inspections under paragraph (1) 4, show a certificate indicating his power to the interested parties. |
[This Article Added by Act No. 4826, Dec. 22, 1994]
| Article 75-8 (Compensation of Actual Expenses) |
A person who has appeared at the designated place under Article 75-7 (1) 1 and an appraiser who has made an appraisal under 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, where he closes the trial of the request for examination, cancel the whole or part of the original disposition, etc., or dismiss the whole or part of the request for examination.
[This Article Added by Act No. 4826, Dec. 22, 1994]
| Article 75-10 (Methods of Decision) |
| (1) | The decisions under Article 75 shall be made in writing under the conditions as prescribed by the Presidential Decree. |
| (2) | The examiner shall, upon his decision, forward the original copy of the written decision to the applicant for examination and to the head of occupation stabilization agency 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 written decision is forwarded to the applicant for examination and to the head of occupation stabilization agency. |
| (2) | The decision shall be binding on the head of occupation stabilization agency who has made the original disposition, etc. |
[This Article Added by Act No. 4826, Dec. 22, 1994]
| Article 76 (Employment Insurance Examination Committee) |
| (1) | The employment insurance examination committee (hereinafter referred to as the “examination committee” shall be established in the Ministry of Labor in order to have it conduct the reexamination under Article 74. |
| (2) | The examination committee shall be composed of not more than15 members including one or more persons representing the management and labor, respectively. <Amended by Act No. 5514, Feb. 20, 1998> |
| (3) | Two of the members under paragraph (2) shall be the full-time members. |
| (4) | Persons falling under any of the following subparagraphs shall not be appointed to the members: <Amended by Act No. 4826, Dec. 22, 1994> |
| 1. | Incompetent and quasi-incompetent person, or person who has been sentenced to a bankruptcy and not reinstated as yet; and |
| 2. | A person who has been consigned to an un-suspended sentence of imprisonment without forced labor or to a heavier sentence, and for whom not more than 3 years have passed after the completion of, or the fixed exemption from, its execution. |
| (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 full-time member shall join a political party or participate in politics. <Added by Act No. 4826, Dec. 22, 1994> |
| (7) | The examination committee shall, upon receipt of a request for reexamination under 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 to an extension of the period of adjudication. <Added by Act No. 4826, Dec. 22, 1994> |
| (8) | Matters necessary for the composition, operation and administrative organization for affairs of the examination committee shall be prescribed by the Presidential Decree. <Added by Act No. 4826, Dec. 22, 1994> |
| Article 76-2 (Other Party to Reexamination) |
A request for reexamination shall be against the other party i.e. the head of the occupation stabilization agency which has made the original disposition, etc.
[This Article Added by Act No. 4826, Dec. 22, 1994]
| (1) | The examination committee shall, upon receipt of a request for reexamination, fix the trial date and place for the said request, and notify the interested parties and the examiner who has tried the case thereof, not later than 3 days prior to the trial date. |
| (2) | The interested parties may state their opinions in writing or orally to the examination committee. |
| (3) | The trial for a request for reexamination shall be made public: Provided, That it may be made non-public upon request of either or both of the parties. |
| (4) | The examination committee shall draw up a protocol of trial. |
| (5) | Either party or the interested parties may apply for a perusal of the protocol of trial under paragraph (4). |
| (6) | The committee shall, upon receipt of an application for perusal under paragraph (5) from either party or the interested parties, not refuse it without any justifiable grounds. |
| (7) | Articles 75-7 and 75-8 shall apply mutatis mutandis to the trial for a request for reexamination. In this case, the references to “examiner”, “request for examination” and “applicant for examination” shall be read as “examination committee”, “request for reexamination” and “applicant for reexamination”, respectively. |
[This Article Added by Act No. 4826, Dec. 22, 1994]
| Article 76-4 (Provisions Applicable Mutatis Mutandis) |
The provisions of Articles 75 (4) and (5), 75-3, 75-4, 75-6, 75-9, 75-10 and 75-11 shall apply mutatis mutandis 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, “request for examination” in Articles 75-3, 75-6 and 75-9, “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 read as “member of the examination committee”, “adjudication”, “request for reexamination”, “examination committee” and “applicant for reexamination”, respectively.
[This Article Added by Act No. 4826, Dec. 22, 1994]
| Article 76-5 (Notification) |
Where the head of the occupation stabilization agency makes an original disposition, etc., or the examiner forwards an original copy of notification of decision under Article 75-10 (2), he shall notify the other party or an applicant for examination of whether a request for examination or reexamination may be made on the original disposition, etc., or the decision, and of the procedures to go through in the case of such application, and the period of request. [This Article Added by Act No. 4826, Dec. 22, 1994]
| Article 77 (Relation with Other Acts) |
| (2) | Matters which are not provided in this Act concerning a request for examination and reexamination shall be governed by the provisions of the Administrative Appeals Act. |
[This Article Wholly Amended by Act No. 4826, Dec. 22, 1994]
CHAPTER Ⅸ SUPPLEMENTARY PROVISIONS
| Article 78 (Prohibition of Disadvantageous Treatment) |
Any business owner shall, on account of a request for verification by a worker under Article 14, not dismiss him or render him any disadvantageous treatment.
| Article 79 (Extinctive Prescription) |
| (1) | Rights to receive, or to be subjected to returns thereof, the support money, subsidies, unemployment benefits, temporary retirement benefits for childcare, or maternity leave benefits before and after childbirth under the provisions of Chapters Ⅲ through V-2, or rights to collect premiums and other dues under this Act, shall be extinguished due to extinctive prescription if they are not exercised for three years. <Amended by Act No. 5514, Feb. 20, 1998; Act No. 6509, Aug. 14, 2001> |
| (2) | Extinctive prescription of the final premium under Article 61 shall run from the first day of the following insurance year (in the business for which an insurance relationship has been terminated during the insurance year, from the day next to that wherein the insurance relationship has been terminated). |
| (3) | With respect to extinctive prescription under paragraph (1), the provisions of the Civil Act shall govern except as otherwise stipulated in this Act. |
| Article 80 (Reports, etc.) |
| (1) | The Minister of Labor may, if deemed necessary, request the business owner who employs, or has employed, the insured or the qualified recipient, the employment insurance affairs association, and the business owners’ association which has been the employment insurance affairs association, to furnish the reports or related documents required for the enforcement of this Act, or request the presence of the persons concerned. |
| (2) | Persons separated from their posts may request the previous business owner or the employment insurance affairs association dealing with insurance affairs under a delegation by the relevant business owner under Article 64, to issue a certificate required for receiving the unemployment benefits. In this case, the business owner or the employment insurance affairs association in receipt of such request shall issue such certificates as requested. |
| (3) | The Minister of Labor may request the insured, the qualified recipient, or persons requesting the payment of the unpaid unemployment benefits, to file the reports required for the enforcement of this Act, or to furnish the related documents, or require their presence. |
| Article 81 (Investigation, etc.) |
| (1) | The Minister of Labor may, if deemed necessary for the enforcement of this Act, have his public officials obtain access to the business place of the business owner who employs or has employed the insured or the qualified recipient, or to the office of the employment insurance affairs association or the business owners’ association which has been the employment insurance association, and interrogate the parties concerned, or investigate such documents as account books, etc. |
| (2) | The staff member who conducts investigations under paragraph (1) shall carry with him an identification indicating his status, and show it to the persons concerned. |
| Article 81-2 (Request for Data) |
| (1) | The Minister of Labor may, if necessary for an efficient operation of employment insurance projects, request the related central administrative agencies, local governments and other public agencies, etc. to furnish the required data. |
| (2) | Persons in receipt of a request for furnishing the data under paragraph (1) shall comply with it unless there exists any justifiable reason. |
[This Article Added by Act No. 5514, Feb. 20, 1998]
| Article 82 (Order to Receive Diagnosis) |
The head of the occupation stabilization agency may, if deemed necessary for the payment of unemployment benefits, order the persons who fall under Article 34 (4) 1 and have obtained or intend to obtain a recognition of unemployment under paragraph (2) of the same Article, and the persons who have received or intend to receive injury or disease benefits under Article 49, to undergo diagnosis at a medical institution designated by the Minister of Labor.
| Article 83 Deleted.<by Act No. 5453, Dec. 13, 1997> |
| Article 84 (Delegation or Entrustment of Authority) |
The Minister of Labor may delegate a part of his authority under this Act to the head of the occupation stabilization agency under the conditions as prescribed by the Presidential Decree, or entrust it to another person prescribed by the Presidential Decree.
CHAPTER Ⅹ PENAL PROVISIONS
| Article 85 (Penal Provisions) |
| (1) | Any business owner who dismisses or renders disadvantages to the workers in contravention of Article 78 shall be punished by imprisonment for not more than three years or by a fine not exceeding 10 million won. |
| (2) | Persons who receive unemployment benefits, temporary retirement benefits for childcare, or maternity leave benefits before and after childbirth by falsity or other unlawful means shall be punished by imprisonment for not more than one year or by a fine not exceeding 3 million won. <Amended by Act No. 6509, Aug. 14, 2001> |
| Article 86 (Fine for Negligence) |
| (1) | A fine for negligence not exceeding 3 million won shall be imposed upon a business owner, representative of the employment insurance affairs association or his agent, employees and other workers who fall under any of the following subparagraph: <Amended by Act No. 6850, Dec. 30, 2002> |
| 1. | A person who fails to make a report, or has made a false report in contravention of Article 13; |
1-2. A person who has failed to submit a written confirmation of unemployment or has prepared and submitted it by falsity and submit in contravention of Article 13-2 (1); 1-3. A person who has failed to issue a written confirmation of unemployment in contravention of the latter part of Article 13-2 (2); | 2. | A person who fails to make a report, or has made a false report on the estimated premium under Article 60 or the final premium under Article 61; |
| 3. | Deleted; <by Act No. 5226, Dec. 30, 1996> |
| 4. | A person who fails to make a report or has made a false report, or who fails to furnish the documents or has furnished the false documents in defiance of the demand according to Article 80 (1); |
| 5. | A person who refuses to issue a certificate in defiance of Article 80 (2); or |
| 6. | A person who fails to make replies to interrogations under Article 81 (1) or has made a false statement, or refuses, obstructs or evades investigations under the same paragraph. |
| (2) | The insured, qualified recipients, or a person requesting a payment of unpaid unemployment benefits, who fall under any of the following subparagraphs, shall be imposed a fine for negligence of less than one million won: |
| 1. | A person who fails to make a report or has made a false report, or who fails to furnish the documents or has furnished the false documents, or fails to attend in contravention of orders under Article 80 (3); and |
| 2. | A person who fails to make replies to interrogations under Article 81 (1) or has made a false statement, or refuses, obstructs or evades investigations. |
| (3) | A fine for negligence not exceeding one million won shall be imposed upon a person who fails to make replies to interrogations conducted by the examiner and the examination committee upon receipt of a request for examination or reexamination under Article 74, or has made false replies, or who refuses, obstructs or evades investigations. |
| (4) | The fine for negligence under paragraphs (1) through (3) shall be imposed and collected by the Minister of Labor, under the conditions as prescribed by the Presidential Decree. |
| (5) | Any person dissatisfied with a disposition of negligence fines under paragraph (4), may raise an objection to the Minister of Labor within 30 days from the date on which he has received a notice of such disposition. |
| (6) | Where a person subjected to a disposition of fine for negligence under paragraph (4) raises an objection under paragraph (5), the Minister of Labor shall, without delay, notify the competent court, which in turn shall proceed to a trial on a fine for negligence pursuant to the Non-Contentious Case Litigation Procedure Act. |
| (7) | If neither an objection is raised nor is a fine for negligence paid within the period as prescribed in paragraph (5), it shall be collected by referring to the practices of dispositions on default of national taxes. |
| Article 87 (Joint Penal Provisions) |
If the representative of a juristic person, or an agent, an employee or any other employed person of the juristic person or an individual commits such an act as prescribed in Article 85 in connection with the affairs of said juristic person or individual, not only shall such an actor be punished accordingly, but the juristic person or individual shall be punished by a fine under the same Article.
ADDENDA
| (1) | (Enforcement Date) This Act shall enter into force on July 1, 1995. |
| (2) | (Transitional Measures for Projects at the Time of Enforcement of This Act) Notwithstanding the provisions of Article 11, an insurance relationship between a business owner of a business under the text of Article 7, which is a business at the time when this Act enters into force, and his workers (excluding the workers exempted from application under Article 8), shall be deemed to be formulated on the date when this Act enters into force. |
| (3) | (Transitional Measures for Improvement of Retirement Allowance System) The Minister of Labor shall devise an improvement scheme for the retirement allowance system under Article 28 of the Labor Standards Act, following 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 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 of Article 10-2 shall enter into force on January 1, 1998. |
| (2) | (Transitional Measures on Persons Aged 65 Years or More Exempted from Application) In case where a person employed by a business to which an employment insurance is applicable at the time when this Act enters into force, and who is exempted from an application of this Act under the amendments to subparagraph 1-2 of Article 8, is separated from his post, and if he satisfies the requirements under each subparagraph of Article 31 (1), he shall be paid unemployment benefits not later than December 31, 1997. |
| (3) | (Transitional Measures for Computation of Basic Daily Wage for Benefits) In case where the insured worker is separated from his post prior to the enforcement date of this Act, the basic daily wage for benefits shall, notwithstanding the amended provisions of Article 35, be computed in accordance with the previous provisions. |
ADDENDUM<Act No. 5399, Aug. 28, 1997>
This Act shall enter into force on the date of its promulgation.
ADDENDA<Act No. 5453, Dec. 13, 1997>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 1998. (Proviso Omitted.)
Article 2 Omitted.
ADDENDUM<Act No. 5454, Dec. 13, 1997>
This Act shall enter into force on January 1, 1998. (Proviso Omitted.)
ADDENDA<Act No. 5514, Feb. 20, 1998>
Article 1 (Enforcement Date)
This Act shall enter into force on March 1, 1998: Provided, That the amended provisions of Articles 16 (1), 22 through 26, 27, 34 (4), 42 (1) and (2), 43 (2), 46 (1), 51 (1) and 63, and the amended provisions of Articles 34 (3), 51 (3) and 53 (1) (limited to those to change “vocational training” into “vocational qualifications development training”) shall enter into force on January 1, 1999, and the amended provisions of subparagraph 2 of Article 8 and Article 79 (1) shall enter into force on July 1, 1999. Article 2 (Transitional Measures for Computation of Specified Benefit Days)
With respect to a person separated from his post before this Act enters into force, the specified benefit days shall be computed pursuant to the previous provisions, notwithstanding the amended provisions of the Appendix.
Article 3 Deleted.
ADDENDA<Act No. 5566, Sep. 17, 1998>
| (1) | (Enforcement Date) This Act shall enter into force on October 1, 1998. |
| (2) | (Application Examples to Deferment of Payment of Job-Seeking Benefits due to Receipt of Large Amount of Money or Articles) The amended provisions of Article 45-2 shall be applicable from a person separated from his post after this Act enters into force. |
| (3) | (Transitional Measures for Computation of Insured Unit Period) Notwithstanding the amended provisions of Articles 32, 35, and 36, with respect to a person separated from his post before this Act enters into force, the insured unit period, basic daily wage for benefits, and daily amount of job-seeking benefits shall be copmputed under the previous provisions. |
ADDENDA<Act No. 6099, Dec. 31, 1999>
Article 1 (Enforcement Date)
This Act shall enter into force on April 1, 2000: Provided, That the provisions of Articles 36 (1) and 41 (1) shall enter into force on January 1, 2000. Article 2 (General Application Example)
The amended provisions of Articles 31, 32, 33-2 (3), 36 (1) 2, 39, 41 (2), and the Appendix shall be applicable from persons separated from their posts after the date of enforcement of this Act. Article 3 (Transitional Measures for Extended Payment of Training Extension Benefits)
With respect to an extended period for job-seeking benefits and their daily amount for qualified recipients under instructions to undergo a vocational qualifications development training, etc. prior to the enforcement of this Act, the previous provisions shall govern, notwithstanding the amended provisions of Articles 42 (1) and (2) and 42-4 (2). Article 4 (Transitional Measures for Restrictions on Payment of Unemployment Benefits)
With respect to a person who has received, or intends to receive, unemployment benefits by falsity or other illegal means before the enforcement of this Act, the previous provisions shall govern, notwithstanding the amended provisions of Articles 47 (2) and 54 (2).
ADDENDA<Act No. 6124, Jan. 12, 2000>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA<Act No. 6509, Aug. 14, 2001>
| (1) | (Enforcement Date) This Act shall enter into force on November 1, 2001. |
| (2) | (Application Examples to Temporary Retirement Benefits for Childcare) The amended provision of Article 55-2 shall be applicable from the worker commencing a temporary retirement for childcare after November 1, 2001. |
| (3) | (Application Examples to Maternity Leave Benefits before and after Childbirth) The amended provision of Article 55-7 shall be applicable from the worker giving birth after November 1, 2001. |
ADDENDA<Act No. 6850, Dec. 30, 2002>
This Act shall enter into force on January 1, 2004: Provided, That the amendments to Articles 12-2, 12-3, 20, 25, 45-2 and 46 shall enter into force on the date of its promulgation.