CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to prevent unemployment, to promote em ployment, 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 ac-tivities, 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; Act No. 7048, Dec. 31, 2003; Act No. 7705. Dec. 7, 2005>
| 1. | The term "the insured" means the workers who are insured or con sidered to have been insured pursuant to the provisions of Articles 5 (1) and (2), 6 (1), and 8 (1) and (2) of the Act on the Collection of Insurance Premiums, etc. for Employment Insurance and Indus trial Accident Compensation Insurance (hereinafter referred to as the "Insurance Premium Collection Act"); |
| 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 Min ister 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 Deleted.<by Act No. 7048, Dec. 31, 2003> |
| Article 3 (Dealing with Insurance) |
The Minister of Labor shall deal with the employment insurance (here inafter 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 stabilization, the vocational qualifications development, the unemployment benefits, the temporary retirement benefits for childcare, and the maternity leave benefits, etc. before and after childbirth. <Amended by Act No. 6509, Aug. 14, 2001; Act No. 7565, May 31, 2005; Act No. 7705, Dec. 7, 2005> |
| (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) |
| (1) | The State may bear from its general account a part of the expenses re quired each year for the insurance projects. <Amended by Act No. 6509, Aug. 14, 2001> |
| (2) | The State may bear each year, within the limit of budget, the expenses required for the management and operation of the insurance projects. <Added by Act No. 7705, Dec. 7, 2005> |
| Article 5-2 (Insurance Premium) |
| (1) | The Insurance Premium Collection Act shall govern the insurance premiums and other collected amounts collected to be appropriated to the expenses required for insurance projects under this Act. |
| (2) | Insurance premiums for employment stabilization and vocational qualifications development projects, and for unemployment benefits collected under Article 13 (1) 1 of the Insurance Premium Collection Act shall be appropriated to the expenses required for the respective projects: Provided, That insurance premiums for unemployment benefits
may be appropriated to the expenses required for temporary retirement benefits for childcare and maternity leave benefits, etc, before and after childbirth. <Amended by Act No. 7565, May 31, 2005; Act No. 7705, Dec. 7, 2005> |
[This Article Added by Act No. 7048, Dec. 31, 2003]
| 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"). <Amended by Act No. 7705. Dec. 7, 2005>
| Article 7 (Scope of Application) |
This Act shall apply to all businesses or business places employing workers (hereinafter referred to as the "business"): Provided, That this shall not apply to any business as provided for in the Presidential Decree taking account of the specific character, size, etc. by industry.
[This Article Wholly Amended by Act No. 7048, Dec. 31, 2003]
| Article 7-2 (Formulation and Termination of Insurance Relationship) |
The Insurance Premium Collection Act shall govern any formulation and termination of insurance relationship under this Act.
[This Article Added by Act No. 7048, Dec. 31, 2003]
| Article 8 (Workers Exempt from Application) |
This Act shall not be applied to workers falling under any of the following subparagraphs: Provided,
That the same shall not apply to the employment stabilization and vocational qualifications development projects that are performed for the workers falling under subparagraph (1). <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; Act No. 7705, Dec. 7, 2005>
| 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 Insur ance) |
| (1) | The Minister of Labor may carry out the investigation and research projects in order to support a research on the labor market, occupations and vocational qualifications development, and the affairs related to the employment insurance. <Amended by Act No. 7705, Dec. 7, 2005> |
| (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]
| Article 8-3 (International Exchange and Cooperation) |
The Minister of Labor may operate the exchange and cooperation projects with the international organization and foreign governments or institutions on the insurance business.
[This Article Added by Act No. 7705, Dec. 7, 2005]
CHAPTER II ADMINISTRATION OF INSURED
| Articles 9 through 12 Deleted.<by Act No. 7048, Dec. 31, 2003> |
| 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: <Amended by Act No. 7048, Dec. 31, 2003>
| 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. | Where a worker who was employed before the establishment date of insurance relationship under Article 7 of the Insurance Premium Collection Act, 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: <Amended by Act No. 7048, Dec. 31, 2003>
| 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 10 of the Insurance Premium Collection Act, the date on which the insur ance relationship has been terminated; |
| 3. | Where the insured separated form his post, the date next to that on which he has separated form his post; 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 qualifi cations for the insured, under the conditions as prescribed by the Presi dential 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 the workers engaged in the relevant business in case where the original contractor has become a business owner under Article 9 of the Insurance Premium Collection Act, the subcontractor of each of the following subparagraphs who employs the relevant workers shall
file a report under paragraph (1). In this case, the original contractor shall submit to the Minister of Labor the data on the subcontractors under the conditions as provided by the Ministerial Decree of Labor: <Amended by Act No. 7048, Dec. 31, 2003; Act No. 7705, Dec. 7, 2005> |
| 5. | Fire-fighting facilities business operator under the provisions of Article 2 (1) 2 of the Fire-Fighting System Installation Business Act; and |
| (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> |
| (4) | The Minister of Labor shall notify the relevant persons such as the insured persons and original contractor, etc. of the matters on acquisition and loss, etc. of the insured qualifications reported under the provisions of paragraphs (1) through (3), under the conditions as provided
by the Ministerial Decree of Labor. <Added by Act No. 7705, Dec. 7, 2005> |
| (5) | The employer, original contactor or subcontractor under the provisions of paragraph (1) or (2) may make a report under the same paragraph by the electronic means as provided by the Ministerial Decree of Labor. <Added by Act No. 7705, Dec. 7, 2005> |
| (6) | The Minister of Labor may support the required equipment, etc. to the employer, original contractor or subcontractor intending to make a report by the electronic means under the provisions of paragraph (5), under the provisions of the Ministerial Decree of Labor. <Added by Act No. 7705, Dec. 7, 2005> |
| 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: Provided, That the same shall not apply to the loser of insured qualifications (excluding the daily workers) who is not desiring to apply for an approval of the contracting qualifications under the provisions of Article 33-2 (1). <Amended by Act No. 7705, Dec. 7, 2005> |
| (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 document confirming a 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. <Amended by Act No. 6850, Dec. 30, 2002; Act No. 7705, Dec. 7, 2005> |
| (2) | The Minister of Labor shall verify the acquisition or loss of the qualifications for the insured, upon the request under paragraph (1) or ex officio. <Amended by Act No. 7705, Dec. 7, 2005> |
| (3) | The Minister of Labor shall notify the related persons, such as the insured requesting a verification and employers, etc., of the results of verification under the provisions of paragraph (2) under the conditions as prescribed by the Presidential Decree. <Added by Act No. 7705, Dec. 7, 2005> |
| 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 STABILI ZATION PROJECTS
| Article 15 (Execution of Employment Stabilization and Vocational Qualifications Development Projects) |
| (1) | The Minister of Labor shall execute the employment stabilization and vocational qualifications development projects for the prevention of unemployment to the insured and ex-insured, other persons having a desire for employment (hereinafter referred to as the "insured, etc."), the promotion of employment, the expansion of employment opportunity, the offering of chances for development and elevation of vocational qualifications and support
thereto, and other supports to employment stability and the support to manpower securing for the employer. |
| (2) | The Minister of Labor shall, in executing the employment stabilization and vocational qualifications development projects under paragraph (1), take preferential account of the enterprises meeting the criteria as prescribed by the Presidential Decree, such as the number of workers, the
dispositions and actual records, etc. made for employment stability, development of vocational qualifications. |
[This Article Wholly Amended by Act No. 7705, Dec. 7, 2005]
| Article 15-2 (Support to Creation of Employment) |
The Minister of Labor may render the necessary support to the employer who has expanded the chances for employment through the improvement of employment environment and changes of employment forms, etc., under the conditions as prescribed by the Presidential Decree.
[This Article Added by Act No. 7705, Dec. 7, 2005]
| 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 em ployment 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; Act No. 7705. Dec. 7, 2005> |
| 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 deteri orating 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 (Support to 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 or workers falling under the employment
stability dispositions taken by the employer, 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; Act No. 7705, Dec. 7, 2005>
| 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 con struction workers, etc.: |
| 1. | Projects to improve employment conditions; |
| 2. | Projects for employment stabilization, such as providing opportuni ties 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), also render supports to a business owners' association as prescribed by the Presi dential Decree. |
[This Article Added by Act No. 5226, Dec. 30, 1996]
| Article 18-3 (Employment Stability and Promotion of Employment) |
| (1) | The Minister of Labor may directly execute the projects falling under each of the following subparagraphs for the employment stability of the insured, etc. and the promotion of their employment, or render his support or loan for the necessary expenses to the persons executing them: |
| 1. | Supporting projects for employment improvement, such as the employment management diagnosis, etc.; |
| 2. | Supporting projects for the promotion of start-up business of the insured, etc.; and |
| 3. | Other projects for the employment stability and promotion of employment of the insured, etc., which are prescribed by the Presidential Decree. |
| (2) | Matters necessary for the execution of projects under the provisions of paragraph (1) and the supports or loan for expenses shall be prescribed by the Presidential Decree. |
[This Article Added by Act No. 7705, Dec. 7, 2005]
| Article 19 (Support for Employment Promotion Facilities) |
The Minister of Labor may render, under the conditions as prescribed by the Presidential Decree, the required supports to the persons who establish and operate the consultation facilities, fostering facilities and other employment promotion facilities prescribed by the Presidential Decree for the employment stability and employment promotion of the insured, etc. and the supports to the manpower securing of the employer.
[This Article Wholly Amended by Act No. 7705, Dec. 7, 2005]
| Articles 20 through 21 Deleted.<by Act No. 7705, Dec. 7, 2005> |
CHAPTER IV VOCATIONAL QUALIFICA TIONS DEVELOPMENT PROJECTS
| 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 per forming 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) |
In case where the Minister of Labor renders a support for expenses to the business owner pursuant to Article 22, the support money amount shall be the amount obtained by multiplying the insurance premiums for employment stabilization and vocational qualifications development projects from among the estimated insurance premiums for employment insurance of the relevant year under Article 17 of the Insurance Premium Collection Act (insurance premiums paid in the preceding year in case for a special case project for collection under Article 21 of the same Act) by the rate determined by the Presidential Decree, but the limit thereof shall be prescribed by the Presidential Decree. <Amended by Act No. 5514, Feb. 20, 1998; Act No. 7048, Dec. 31, 2003; Act No. 7705, Dec. 7, 2005> [This Article Added by Act No. 5226, Dec. 30, 1996]
| Article 24 (Support to Insured, etc. for Vocational Qualifications De velopment) |
| (1) | The Minister of Labor may, where the insured, etc. undergo the vo cational 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 employment of the insured, etc. under the conditions as prescribed by the Presidential Decree. <Amended by Act No. 6850, Dec. 30, 2002;
Act No. 7705, Dec. 7, 2005> |
[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 sup ports for the expenses necessary for such execution to persons who per form them: <Amended by Act No. 7705, Dec. 7, 2005> |
| 1. | Technological support to vocational qualifications development projects and valuation business; |
| 2. | Skill and technology encouragement projects and qualifying test projects; 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 qualifica tions development training projects for occupational categories as deter mined 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 to the required expenses 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 (Provision of Employment Information and Construction, etc. of Employment Support Basis) |
| (1) | The Minister of Labor may execute such projects as the provision of employment information such as the job offer, job seeking, training, etc. to employers and the insured, etc., occupational guidance such as consultation on occupation and training, the introduction of occupation, the construction of basis for the employment stabilization and development of occupational ability, and placement of specialized manpower required therefor, etc. |
[This Article Wholly Amended by Act No. 7705, Dec. 7, 2005]
| Article 26-4 (Support to Local Government, etc.) |
Where the local government or such non-profit juridical persons or organizations as prescribed by the Presidential Decree execute the projects for employment stabilization, employment promotion and development of occupational ability for the insured, etc. within the relevant region, the Minister of Labor may render the required support under the conditions as prescribed by the Presidential Decree.
[This Article Added by Act No. 7705, Dec. 7, 2005]
| Article 26-5 (Restriction, etc. on Support due to Wrongful Act) |
| (1) | The Minister of Labor may order the persons who have received the support of employment stabilization and vocational qualifications development projects under the provisions of this Chapter or those intending to receive such support by the false or wrongful means to restrict the relevant support under the conditions as prescribed by the Presidential Decree or to return what have already been supported. |
| (2) | When the Minister of Labor makes an order to return under the provisions of paragraph (1), he may collect, in addition to them and under the criteria as determined by the Ministerial Decree of Labor, the amount less than that corresponding to the amount received by the relevant false and other wrongful means. |
| (3) | The Minister of Labor may not make any support for the employment stabilization and vocational qualifications development project prescribed in this Chapter to the persons who are delinquent in payment of premiums under the conditions as determined by the said Minister. |
[This Article Added by Act No. 7705, Dec. 7, 2005]
| 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 15, 22, 23-2, 24 through 26. <Amended by Act No. 5514, Feb. 20, 1998; Act No. 7705, Dec. 7, 2005>
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 pro vided 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 all 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: Provided, That where the daily workers at the time of last separation whose insured unit period is less than one month have failed to equip themselves with the recipient qualifications, it shall be determined on the basis of business from which the last separation has been made as workers other than daily workers. <Amended by Act No. 7705, Dec. 7, 2005> |
| 1. | There shall be a fact of separation from one's post as an insured per son 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 qualif ication 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 on the date designated by the head of the occupation stabilization agency within the scope of one week through four weeks reckoning from the date of filing a report on unemployment under Article 33 (hereinafter referred to as the "date of unemployment recognition"), 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 from the day next to the immediately preceding date of unemployment recognition to the relevant date of unemployment recognition: 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; Act No. 7705, Dec. 7, 2005> |
| 1. | Qualified recipients who undergo a vocational qualifications develop ment 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 consecu tive 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), take measures as prescribed by the Presidential Decree, such as a support to a devising of plans for reemployment activities and job introduction, etc. in order to promote an employment of a qualified recipient. 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. <Newly Inserted by Act No. 6099, Dec. 31, 1999; Act No. 7705, Dec. 7, 2005> |
| 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 at the time of final 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; Act No. 7705, Dec. 7, 2005> |
| (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; Act No. 7705. Dec. 7, 2005> |
| (3) | Where it is difficult to compute basic daily wage under paragraphs (1) and (2), and where insurance premiums are paid on the basis of the basic wage under Article 3 of the Insurance Premium Collection Act (hereinafter referred to as the "basic wage"), such basic wage shall be the basic daily wage: Provided, That this shall not apply where the basic daily wage computed under paragraphs (1) and (2) is higher than the basic wage even when insurance premiums have been paid based on the basic wage. <Amended by Act No. 7048, Dec. 31, 2003> |
| (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; Act No. 7705. Dec. 7, 2005> |
| (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 par agraph (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 un employment"), 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 em ployment at the applicable enterprise at the time of separation from one's post related to the relevant recipient's qualification (excluding the em ployment 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 appli cable enterprise, and where the insured qualifications have been re acquired 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 enter prise 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 re-employment 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 under going 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) (herein after 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 live lihood 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 re ferred 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-seek ing 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 par agraph (2) is lower than the minimum daily amount of job-seeking ben efits under Article 36 (2), the minimum daily amount of job-seeking ben efits 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 rel evant 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 train ing, 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, under the conditions as prescribed by the Presidential Decree. <Amended by Act No. 5226, Dec. 30, 1996; Act No. 7705, Dec. 7, 2005> |
| (2) | Deleted. <by Act No. 7705, Dec. 7, 2005> |
| (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 ob tain 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 without any justifiable reasons 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 be deemed 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 pay ment of job-seeking benefits under paragraph (1) shall be the period computed by adding three months to the receiving period of relevant qual ified 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; Act No. 7705, Dec. 7, 2005> |
| 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 corresponding to the criteria as determined by the Minister of Labor, such as lower not less than 20/100 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 De cree, 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 vio lation 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 un employment 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 (in cluding 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 neces sary, 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 dis ability compensation benefits under Article 41 of the Industrial Accident Compensation Insurance Act and other compensation or benefits equiv alent thereto, the injury and disease benefit shall not be paid. <Amended by Act No. 5454, Dec. 13, 1997; Act No. 7705. Dec. 7, 2005> |
| (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 ben it. In this case, the term "period subject to a recognition of unemploy ment" 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 (excluding foreign workers under the provisions of Article 2 of the Act on the Employment, etc. of Foreign Workers) 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; Act No. 7705, Dec. 7, 2005> |
| (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 stabili zation 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 paragraph (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 occupa tion 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 mu tandis 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 CHILD CARE, 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 all 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): <Amended by Act No. 7705, Dec. 7, 2005> |
| 1. | Where the insured unit period under Article 32 prior to the beginning date of temporary retirement 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 retirement 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 twelve months after the ending date: Provided, That persons who have been unable to apply for a temporary retirement 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 retirement 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 during the temporary retirement for childcare (in the case of new employment, such cases shall be excluded as the specified working hours per week fall short of 15 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 stabilization agency on such facts. <Amended by Act No. 7705, Dec. 7, 2005> |
| (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 tempo rary 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 ben efits: Provided, That where the requirements for temporary retirement benefits for childcare are newly met after temporary retirement for child care related with the relevant benefits, this shall not apply to the temporary retirement benefits for childcare pursuant to such new require ments. |
[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 tem porary 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, etc. Before and After Childbirth) |
The Minister of Labor shall pay maternity leave benefits, etc. before and after childbirth (hereinafter referred to as the "maternity leave benefits, etc. before and after childbirth") to the insured who satisfy the requirements falling under any of the following subparagraphs and who are, pursuant to Article 18 of the Act on the Equal Employment for Both Sexes, provided with a maternity leave, etc. before and after childbirth or miscarriage or stillbirth leave under Article 72 of the Labor Standards Act: <Amended by Act No. 7565, May 31, 2005; Act No. 7705, Dec. 7, 2005> | 1. | Where the insured unit period under Article 32 prior to ending date of leave shall add up to not less than 180 days; and |
| 2. | An application shall be filed within one month after the beginning date of leave (in case where it is not the enterprise whose number of workers, etc. meet the criteria prescribed by the Presidential Decree under the provisions of Article 15 (2), it shall be considered as the date on which 60 days elapsed after the beginning of leave) and 12 months after the completion date: Provided, That persons who have been unable to apply for maternity leave benefits, etc. 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 beginning date of the leave) for the leave period under Article 72 of the Labor Standards Act; Provided, That in case where it is not the enterprise whose number of workers, etc. meet the criteria as prescribed by the Presidential Decree under the provisions of Article 15 (2), it shall be limited to the number of days exceeding 60 days during the leave period (limited to 30 days). <Amended by Act No. 7565, May 31, 2005; Act No. 7705. Dec. 7, 2005> |
| (2) | The amount of paying maternity leave benefits, etc. 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. <Amended by Act No. 7705, Dec. 7, 2005> |
| (3) | Matters necessary for the application for and payment of maternity leave benefits, etc. before and after childbirth under paragraphs (1) and (2) shall be determined by the Ministerial Decree of Labor. <Amended by Act No. 7705, Dec. 7, 2005> |
[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, etc. before and after childbirth. In this case, the "job-seeking benefits" in Article 48 shall be deemed to be the "maternity leave benefits, etc. 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 or miscarriage and stillbirth leave". <Amended by Act No. 7705, Dec. 7, 2005> [This Article Added Act No. 6509, Aug. 14, 2001]
| Articles 56 through 65 Deleted.<by Act No. 7048, Dec. 31, 2003> |
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 Fund Management. <Amended by Act No. 7705. Dec. 7, 2005> |
| (3) | The Minister of Labor shall manage and operate the fund in accor dance with the methods listed in any of the following subparagraphs: <Amended by Act No. 7705. Dec. 7, 2005> |
| 1. | Deposits to financial institutions; |
| 2. | Deposits to public financial funds; |
| 3. | Purchase of securities issued directly, or guaranteed for the perfor mance of the obligation, by the State, local governments, or financial institutions; |
3-2. Execution of insurance business or the acquisition and disposition of immovables for fund propagation; and
| 4. | Other methods to increase the fund as determined by the Presiden tial Decree. |
| (4) | The Minister of Labor shall, in managing and operating the fund in accordance with paragragh (1), 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; Act No. 7705, Dec. 7, 2005>
| 1. | Expenses needed for the projects of employment security and voca tional qualifications development; |
| 2. | Payment of unemployment benefits; |
2-2. Payment of the temporary retirement benefits for childcare and the maternity leave benefits, etc. 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 deliberations 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 and vocational qualifications development project, and unemployment benefits. <Amended by Act No. 7705, Dec. 7, 2005> |
| (3) | Deleted. <by Act No. 7705, Dec. 7, 2005> |
| Article 71 (Receipts and Disbursements of Fund) |
Matters necessary for the receipts and disbursements in the manage ment 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 de termined 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 de frayment 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 EXAMINA TION AND REEXAMINATION
| Article 74 (Examination and Reexamination) |
| (1) | A person who has been dissatisfied with the verification of an acquisition or cancellation of the insured qualification under Article 14, the dispositions on unemployment benefits under Chapter V, on temporary retirement benefits for childcare or maternity leave benefits, etc. 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; Act No. 7705, Dec. 7, 2005> |
| (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 re examination 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 per son 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 Insur ance Examination Committee. |
[This Article Added by Act No. 6099, Dec. 31, 1999]
| Article 75 (Employment Insurance Examiner) |
| (1) | An employment insurance examiner (hereinafter 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 suc ceeds 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 an examiner, by going through an occupation stabilization agency which has made the original disposition, etc. <Amended by Act No. 5226, Dec. 30, 1996> |
| (2) | The occupation stabilization agency shall forward a request for examination to an examiner, along with the written opinion, within 5 days from the date on which it has received such request. <Amended by Act No. 5226, Dec. 30, 1996> |
[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 it, 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]
| Article 75-5 Deleted.<by Act No. 7705, Dec. 7, 2005> |
| Article 75-6 (Suspension of Execution of Original Dispositions) |
| (1) | Any request for examination shall not suspend an execution of orig inal 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 pursu ant 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 ap pear at the designated place for an interrogation or for stating his opinion; |
| 2. | To have the applicant for examination or the interested parties fur nish the evidential documents or other articles; |
| 3. | To have a third party with professional knowledge or experience ap praise 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 in terested parties, or inspect the documents and other articles. |
| (2) | The examiner shall, where he conducts the interrogation and in spections 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 re ferred 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 than 15 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 3 years have not 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 re examination 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) | The secretariat shall be established in the examination committee. <Amended by Act No. 7705, Dec. 7, 2005> |
| (9) | Matters necessary for the organization, operation, etc. of the examination committee and secretariat shall be prescribed by the Presidential Decree. <Added by Act No. 7705, Dec. 7, 2005> |
| 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 re examination, 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 of the committee 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 re examination 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. <Amended by Act No. 7705. Dec. 7, 2005> |
[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 disadvanta geous treatment.
| Article 78-2 (Mutatis Mutandis Application) |
The provisions of Articles 27 through 30, 32, 39, 41 and 42 of the Insurance Premium Collection Act shall apply mutatis mutandis in relation to the collection of collected amount under this Act. [This Article Added by Act No. 7048, Dec. 31, 2003]
| Article 79 (Extinctive Prescription) |
| (1) | Rights to receive, or to be subjected to returns thereof, support money, unemployment benefits, temporary retirement benefits for childcare, or maternity leave benefits, etc. before and after childbirth under the provisions of Chapters III through V shall be extinguished due to extinctive prescription if they are not exercised for three years. <Amended by Act No. 7048, Dec. 31, 2003; Act No. 7705, Dec. 7, 2005> |
| (2) | and (3)Deleted. <by Act No. 7048, Dec. 31, 2003> |
| Article 80 (Reports, etc.) |
| (1) | The Minister of Labor may, if deemed necessary, request the busi ness owner who employs or has employed the insured or the qualified recipients, the agency handling insurance affairs by proxy under Article 33 of the Insurance Premium Collection Act (hereinafter referred to as the "agency handling insurance affairs by proxy"), and the person who was an agency handling insurance affairs by proxy, to furnish reports or related documents required for the enforcement of this Act including verification of the insured qualifications, investigation of unlawful receipt, etc., or request the presence of the persons concerned. <Amended by Act No. 7048, Dec. 31, 2003; Act No. 7705, Dec. 7, 2005> |
| (2) | Persons separated from their posts may request the previous busi ness owner or the agency handling insurance affairs by proxy who deals with insurance affairs under a delegation by the relevant business owner to issue a certificate required for receiving unemployment benefits. In this case, the business owner or the agency handling insurance affairs by proxy in receipt of such request shall issue certificates as requested. |
<Amended by Act No. 7048, Dec. 31, 2003>
| (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 including verification of the insured qualifications, investigation of unlawful receipt, etc., or to furnish the related documents, or require their presence. <Amended by Act No. 7705, Dec. 7, 2005> |
| Article 81 (Investigation, etc.) |
| (1) | The Minister of Labor may, if deemed necessary for the enforcement of this Act including verification of the insured qualifications, investigation of unlawful receipt, etc., have the public officials under his control obtain access to the business place of the business owner who
employs or has employed the insured or the qualified recipients, or to the office of the agency handling insurance affairs by proxy and the person who was an agency handling insurance affairs by proxy, and interrogate the parties concerned, or investigate such documents as account books. <Amended by Act No. 7048, Dec. 31, 2003; Act No. 7705, Dec. 7, 2005> |
| (2) | When the Minister of Labor executes the investigation under the provisions of paragraph (1), he shall notify in advance the relevant employer, etc. of the matters necessary for the date and details of investigation, etc.: Provided, That the same shall not apply to the cases where requiring the urgency or it is admitted that the relevant purpose may not be achieved if an advance notification is made. <Added by Act No. 7705, Dec. 7, 2005> |
| (3) | 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. |
| (4) | The Minister of Labor shall notify the relevant employer, etc. in writing of the results of investigations under the provisions of paragraph (1). <Added by Act No. 7705, Dec. 7, 2005> |
| 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 adminis trative 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 Medical Examination) |
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 medical examination at a medical institution designated by the Minister of Labor.
| Article 83 (Payment of Reward Money) |
| (1) | The Minister of Labor may pay the reward money within the limit of budget to the persons who have reported the unlawful acts relating to the support and delegation of the project of employment stabilization and vocational qualifications development, and unemployment benefits and temporary retirement benefits for childcare or maternity leave benefits, etc. before and after childbirth under this Act. |
| (2) | Matters necessary for the report on unlawful acts under the provisions of paragraph (1) and the payment of reward money shall be provided by the Ministerial Decree of Labor. |
[This Article Added by Act No. 7705, Dec. 7, 2005]
| Article 83-2 (Special Cases for Self Management Operator) |
Notwithstanding the provisions of Article 7, the self management operator as prescribed by the Presidential Decree by taking account of income, etc. may be subject to an application of this Act (limited to the provisions of Chapter III) by making himself as the insured under the conditions as provided by the Insurance Premium Collection Act. [This Article Added by Act No. 7705, Dec. 7, 2005]
| 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 condi tions 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, etc. 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; Act No. 7705, Dec. 7, 2005> |
| Article 86 (Fine for Negligence) |
| (1) | A fine for negligence not exceeding 3 million won shall be imposed upon the business owner, the representative of an agency handling insurance affairs by proxy or his agent and other employees, who fall under any of the following subparagraphs: <Amended by Act No. 6850, Dec. 30, 2002; Act No. 7048, Dec. 31, 2003> |
| 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 document confirming a sep aration from one's post 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 document confirming a separa tion from one's post in contravention of the latter part of Article 13-2 (2); | 2. | Deleted; <by Act No. 7048, Dec. 31, 2003> |
| 3. | Deleted; <by Act No. 5226, Dec. 30, 1996> |
| 4. | A person who fails to make a report in defiance of the demand according to Article 80 (1)or has made a false report, or who fails to furnish the documents or has furnished the false documents in defiance of the same demand; |
| 5. | A person who refuses to issue a certificate in defiance of the demand under 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 re quest 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. <Amended by Act No. 7705. Dec. 7, 2005> |
| (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 Bene fits) 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>
4This 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 sub paragraph 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 Ben efits 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) Not withstanding 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 enforce ment 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 Un employment Benefits)
With respect to a person who has received, or intends to receive, un employment 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 to a baby after November 1, 2001. |
ADDENDUM<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.
ADDENDUM<Act No. 7048, Dec. 31, 2003>
This Act shall enter into force on January 1, 2005.
ADDENDA<Act No. 7565, May 31, 2005>
| (1) | This Act shall enter into force on January 1, 2006. |
| (2) | (Application Examples to Maternity Leave Benefits, etc. Before and After Childbirth) The amended provisions of Article 55-7 on the maternity leave benefits, etc. before and after childbirth shall apply starting from the woman worker who gives birth to baby or miscarries or has a stillborn child first after the enforcement of this Act. |
ADDENDA<Act No. 7705, Dec, 07, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2006.
Article 2 (Application Examples to Temporary Retirement Benefits for Childcare)
The amended provisions of Article 55-2 (1) 3 shall apply to the insured who begins the temporary retirement for childcare on or after the enforcement of this Act. Article 3 (Transitional Measures following Integration of Employment Stabilization Project and Vocational Qualifications Development Project)
| (1) | The support received by the previous employment stabilization project or vocational qualifications development project before the enforcement of this Act shall be regarded to have been received by the employment stabilization and vocational qualifications development project under this Act. |
| (2) | The application for the support of previous employment stabilization project or vocational qualifications development project that is in progress at the time of enforcement of this Act shall be regarded as the application for the support of employment stabilization and
vocational qualifications development project under this Act. |
| (3) | Premiums of the employment stabilization project and the premiums of vocational qualifications development project which have been collected or are collected under the Insurance Premium Collection Act at the time of enforcement of this Act shall be appropriated in the expenses required for the employment stabilization and vocational qualifications development project under this Act. |
| (4) | From among the employment insurance fund account at the time of enforcement of this Act, the fund managed by classifying into the employment stabilization project and vocational qualifications development project under the provisions of Article 70 (2) shall be regarded as the fund to be managed for the employment stabilization and vocational qualifications development project under the amended provisions of the same paragraph. |
Article 4 Omitted.