CHAPTER Ⅰ GENERAL PROVISIONS
The purpose of this Act is, through the enforcement of employment insurance, to prevent unemployment, to promote employment, to develop and improve the vocational ability of workers, to strengthen the nation’s vocational guidance and job placement capacity and to stabilize the livelihood of workers and promote their job-seeking activities, by granting necessary benefits when they are out of work, thereby contributing to economic and social development of the nation.
The terms used in this Act are defined as follows: <Amended by Act No. 5399, Aug. 28, 1997; Act No. 5566, Sep. 17, 1998; Act No. 6099, Dec. 31, 1999>
| 1. | The term “the insured” means the workers who are insured in accordance with the provisions set forth in Articles 9 (1) and (2), 10 (1), and 10-2 (1) and (2); |
| 2. | The term “separation” means the termination of the employment relationship between the insured and the business owner; |
| 3. | The term “unemployment” means the condition in which the insured is out of employment and remains unemployed in spite of his will and ability to work; |
3-2. The term “recognition of unemployment” means the recognition by the head of the occupation stabilization agency that a person eligible for recipient qualification under Article 33-2, in a state of joblessness, is vigorously working to find a job; and | 4. | The term “wages” means wages conforming to the Labor Standards Act: Provided, That among money paid and articles provided during the period of temporary retirement from office or similar conditions, the money and articles as determined by the Minister of Labor shall be considered as wages under this Act. |
| (1) | Where it is difficult to calculate and confirm wages due to the closing or failure of a business or a place of business (hereafter referred to as a “business”), or where it falls under any cause prescribed by the Presidential Decree, the wages mean the amount determined and publicly announced by the Minister of Labor (hereafter referred to as the “base wages”). |
| (2) | The base wages referred to in paragraph (1) may be determined by a unit of hour, day, or month in consideration of the kind and size of business, conditions of labor, and wage level. |
[This Article Added by Act No. 5566, Sep. 17, 1998]
| Article 3 (Management of Insurance) |
The Minister of Labor shall take charge of the employment insurance (hereafter referred to as “insurance”).
| Article 4 (Employment Insurance Activities) |
| (1) | In order to achieve the purpose of Article 1, the insurance shall put into practice activities for employment security, development of vocational abilities and payment of unemployment benefits. |
| (2) | The insurance year for the activities of the employment insurance (hereafter referred to as “insurance activities”) shall be the same as the fiscal year of the Government. |
| Article 5 (Assistance from State Treasury) |
The Government may provide from its general account all or part of the expenses required annually for the management and operation of the insurance activities.
| Article 6 (Deliberation of Employment Policy Council) |
| Article 7 (Scope of Application) |
This Act shall apply to all businesses employing workers: Provided, That it shall not apply to any business separately provided for in the Presidential Decree in consideration of their size and industrial character. <Amended by Act No. 5566, Sep. 17, 1998>
| Article 8 (Workers Exempt from Application) |
This Act shall not be applied to workers described in each of the following subparagraphs: <Amended by Act No. 5226, Dec. 30, 1996; Act No. 5566, Sep. 17, 1998; Act No. 6124, Jan. 12, 2000>
| 1. | Those who are newly employed after age 60 (as of the date of formation of insurance relations, including the persons at the age of 60 years or more); |
1-2. Those who are not less than 65 years of age;
| 2. | Part-time workers (those whose fixed weekly work days or work hours when compared with those of ordinary workers engaged in similar work at the same work place are less than the rate determined by the Ministerial Decree of Labor); |
| 3. | Daily workers (meaning those employed for a period of less than one month) who meet the standards determined by the Presidential Decree; |
| 4. | Deleted; <by Act No. 5566, Sep. 17, 1998> |
| 7. | Other persons determined by the Presidential Decree. |
| Article 8-2 (Investigation and Study Related to Employment Insurance) |
| (1) | The Minister of Labor may carry out investigation and study projects in order to support research on the labor market and occupations and to assist employment insurance related work. |
| (2) | The Minister of Labor, when it is deemed necessary, may have part of the functions referred to in paragraph (1) executed by proxy as provided by the Presidential Decree. |
[This Article Added by Act No. 5226, Dec. 30, 1996]
CHAPTER Ⅱ THE INSURED AND THE INSURANCE RELATIONSHIP
| (1) | The business owner and the workers shall automatically become the insured: Provided, That the business owner and workers stipulated in the proviso of Article 7 and the workers excluded by the provisions of Article 8 shall be excluded. |
| (2) | In case the business owner provided for in the proviso of Article 7 obtains the approval of the Minister of Labor with the agreement of the majority of his workers (excluding the workers under Article 8 and this shall apply to this paragraph and paragraph (3)), the business owner and workers concerned may be insured. |
| (3) | In case the business owner and workers insured under paragraph (2) intend to cancel the insurance, the business owner concerned must obtain the approval of the Minister of Labor with the agreement of two-thirds or more of the workers; however, such cancellation may take place only after one year has passed since the establishment of the insurance relationship. |
| (4) | When the Minister of Labor deems it impossible to maintain an insurance relationship, he may cancel the insurance relationship concerned. |
| (5) | When projects are to be undertaken by a series of contracts for work, the original contractor shall be regarded as the business owner contracted to do those projects subject to the application of this Act: Provided, That if the original contractor causes a subcontractor to pay premiums through written contracts, and the Minister of Labor approves it upon request by the original contractor, the subcontractor shall be regarded as the business owner contracted to do those projects subject to the application of this Act. |
| Article 10 (Fictitious Insured Status) |
| (1) | In case the business whose business owner and workers are automatically to become insured under Article 9 (1), becomes the kind of business designated by the proviso of Article 7 due to the change of its scale, etc., the business owner and workers concerned are considered to be insured under Article 9 (2) from the date the status of the business is changed. |
| (2) | Where the business owner under Article 9 (1) fails to employ the insured workers during the period of the relevant business, the business owner and workers shall be considered to have bought insurance for the period when the business owner did not employ the insured workers, within the limit of one year from the first day of such unemployment. <Added by Act No. 5566, Sep. 17, 1998> |
| (3) | The provisions of Article 9 (3) shall apply mutatis mutandis to the cancellation of the insurance by the business owner and workers of paragraph (1). |
| Article 10-2 (Block Application of Businesses) |
| (1) | In the case that an individual business operated by an business owner who is an automatic member of the insurance under Article 9 (1), meets each of the following conditions, all of that business owner’s individual businesses shall be deemed as one business in the application of this Act: |
| 1. | Where the business owner is the same person; |
| 2. | Where each project has a specified period; and |
| 3. | Where the type of business and total annual amount of construction costs, etc., fit the conditions determined by the Presidential Decree. |
| (2) | In the case where the business owner, other than the business owner subject to the block application under paragraph (1), intends to be subject to the application of this Act, considering all of the individual businesses meeting the conditions of subparagraphs 1 and 2 of the same paragraph as a business, he must obtain the consent of a majority of the workers (excluding the non-applicable workers referred to in Article 8, and the same shall apply to paragraph (3)) and the approval of the Minister of Labor. In this case, as long as the block application relation is not canceled under paragraph (3), the business owner concerned shall be deemed as continuously subject to the block application of all individual businesses during the years following the termination of the insurance year. |
| (3) | In the case where the business owner subject to block application under paragraph (2) intends to cancel the block application relationship, he must have the consent of a two-thirds majority of the workers and the approval of by the Minister of Labor. In this case, the cancellation of the block application relation shall enter into force for insurance relations of the following insurance year. |
[This Article Added by Act No. 5226, Dec. 30, 1996]
| Article 11 (Date of Establishment of Insurance Relationship) |
The insurance relationship with the business owner shall be established on the following date:
| 1. | The date business is initiated, for a business whose business owner and workers are insured automatically under Article 9 (1): Provided, That in the case of a business designated by the proviso of Article 7, the date such a business becomes the kind of enterprise designated by the provisions of Article 9 (1), whose business owner and workers are to become insured automatically; and |
| 2. | For the business that obtains the approval of the Minister of Labor under Article 9 (2), the date shall be the day after the approval is obtained. |
| Article 12 (Date of Termination of Insurance Relationship) |
The insurance relationship to the business owner shall terminate according to the following dates: <Amended by Act No. 5566, Sep. 17, 1998>
| 1. | The day after the business is closed or finished; |
| 2. | In case of the cancellation of the insurance under Article 9 (3) (including the corresponding application described in Article 10 (3)), the day after the approval of the Minister of Labor is obtained; and |
| 3. | The day after the Minister of Labor determines and gives notice of the termination of the insurance relationship under Article 9 (4). |
| Article 13 (Report on Insured) |
| (1) | The business owner shall report to the Employment Security Office about his workers’ acquisition or loss of qualification for the insured and other matters determined by the Presidential Decree. |
| (2) | When the original contractor becomes the business owner under Article 9 (5), the subcontractor shall, under paragraph (1), report on matters concerning his workers, other than the workers belonging to the original contractor. |
| Article 14 (Confirmation of Qualifications for Insured) |
| (1) | The insured or those who were formerly insured may at any time request the head of the Employment Security Office to confirm the acquisition or loss of their qualifications for the insured under the conditions prescribed by the Presidential Decree. |
| (2) | The head of the Employment Security Office shall, under the conditions prescribed by the Presidential Decree, upon receiving the report of the employer under Article 13, upon receiving the claim of the insured or those who was the insured under paragraph (1), or ex officio, confirm the acquisition or loss of the qualifications of persons insured. |
| Article 14-2 (Restriction on Dual Acquisition of Qualification for Insured) |
Where a worker is concurrently employed at two businesses or more in which insurance relations are formed, he shall acquire the qualification as an insured worker at one of them under the conditions as prescribed by the Ministerial Decree of Labor.
[This Article Added by Act No. 5566, Sep. 17, 1998]
CHAPTER Ⅲ EMPLOYMENT STABILIZATION ACTIVITIES
| Article 15 (Implementation of Employment Stabilization Activities) |
| (1) | In the case of a manpower shortage or unstable employment situation caused by business fluctuations at home or abroad, changes in the industrial structure or shrinkage in employment opportunities, the Minister of Labor implements activities for employment stabilization such as prevention of job loss, acceleration of reemployment, and expansion of employment opportunities, for the insured or formerly insured, etc. (hereinafter referred to as the “insured, etc.”). <Amended by Act No. 5514, Feb. 20, 1998> |
| (2) | In implementing the activities for employment stabilization provided in paragraph (1), the Minister of Labor shall give priority to enterprises whose number of workers and other conditions meets the standards set forth by the Presidential Decree. <Amended by Act No. 5226, Dec. 30, 1996> |
| Article 16 (Support of Employment Adjustment) |
| (1) | For the business owner whose adjustment of employment is unavoidable due to business fluctuations or the change of industrial structure causing the downsizing of enterprises or the stoppage or transfer of enterprises, the Minister of Labor may, under the conditions prescribed by the Presidential Decree, provide necessary support for the suspension of work, the conducting of vocational ability development training necessary for job conversions, the redisposition of labor power, or other measures for workers’ employment security. <Amended by Act No. 5226, Dec. 30, 1996; Act No. 5514, Feb. 20, 1998> |
| (2) | The Minister of Labor may provide necessary assistance for the business owner who takes measures for the employment security of workers in an unstable employment situation, such as employing workers separated from jobs due to employment adjustment referred to in paragraph (1), under the conditions stipulated by the Presidential Decree. <Added by Act No. 5226, Dec. 30, 1996> |
| (3) | The Minister of Labor may, in providing the assistance referred to in paragraph (1), give priority assistance to the business owner who falls under a business category or is located in a region referred to in Article 26 of the Framework Act on Employment Policy. <Amended by Act No. 5226, Dec. 30, 1996> |
| Article 17 (Promotion of Local Employment) |
The Minister of Labor may, under the conditions prescribed by the Presidential Decree, provide necessary support to business owners who move their businesses to, or begin or expand businesses in, regions where employment opportunities are unusually deficient or the employment situation is rapidly deteriorating due to changes in industrial structure, etc., thereby contributing to the prevention of unemployment and the promotion of reemployment; and to business owners who take necessary measures to expand local employment opportunities.
| Article 18 (Employment Promotion for Aged, etc.) |
In order to promote the employment of the aged and others (hereinafter referred to as the “aged, etc.”) who have special difficulty finding employment under the normal conditions of the labor market, the Minister of Labor may, under the conditions prescribed by the Presidential Decree, provide necessary support to business owners who employ the aged, etc., newly or take necessary measures for their employment security.
| Article 18-2 (Support for Employment Stabilization of Construction Workers, etc.) |
| (1) | The Minister of Labor may provide necessary support for the business owner who carries out such activities as described in the following subparagraphs, for construction workers, etc., in an unstable employment situation according to the conditions determined by the Presidential Decree: |
| 1. | Activities to improve the employment situation; |
| 2. | Activities for employment stabilization such as providing opportunities for continued employment; and |
| 3. | Other activities for employment stabilization as determined by the Presidential Decree. |
| (2) | The Minister of Labor may also provide support to an business owners’ association in connection with the activities listed in any of the subparagraphs of paragraph (1), in the case where it is difficult for one business owner alone to carry out the employment stabilization activities and where this is in accordance with the Presidential Decree. |
[This Article Added by Act No. 5226, Dec. 30, 1996]
| Article 19 (Support for Employment Promotion Facilities) |
The Minister of Labor may, under the conditions prescribed by the Presidential Decree, provide support for the establishment and operation of living quarters for migrant workers, facilities for promotion of the employment of female workers, facilities for counseling on job placement and employment problems and other facilities, for the promotion of employment as stipulated by the Presidential Decree.
| Article 20 (Furnishing of Employment Information and Vocational Guidance, etc.) |
| (1) | The Minister of Labor may carry out activities for business owners, the insured and other job-seekers, such as furnishing information about job offers, job seekers or other employment information, vocational guidance, job placement, and deployment of the professional manpower needed for these, under the conditions determined by the Presidential Decree. <Amended by Act No. 5226, Dec. 30, 1996> |
| (2) | The Minister of Labor may, if necessary, delegate a part of his assignment under paragraph (1) to those who are designated by the Presidential Decree. |
| Article 20-2 (Restrictions on Support due to Unlawful Acts) |
| (1) | For a person who has benefited or intended to benefit from support for employment stabilization project referred to in this Chapter by false or other unlawful means, the Minister of Labor may restrict such support or order the refund of such support already received as prescribed by the Presidential Decree. In this case, the Minister of Labor, when he orders the refund of such support, may collect an amount not more than the amount paid to him by false or other unlawful means in addition to the refund of such support as prescribed by the Ministerial Decree of Labor. <Amended by Act No. 6099, Dec. 31, 1999> |
| (2) | The Minister of Labor need not offer support to a defaulter of premiums for employment stabilization activities referred to in this Chapter, under the conditions as determined by the Minister of Labor. |
[This Article Added by Act No. 5514, Feb. 20, 1998]
CHAPTER Ⅳ ACTIVITIES FOR VOCATIONAL ABILITY DEVELOPMENT
| Article 21 (Implementation of Vocational Ability Development Activities) |
| (1) | The Minister of Labor shall provide the insured, etc. with opportunities to develop and improve their vocational ability throughout the period of their employment and implement support activities for the development and improvement of vocational ability. |
| (2) | In implementing the vocational ability development activities stipulated in paragraph (1), the Minister of Labor shall give priority to enterprises whose number of workers, etc., meets the standards prescribed by the Presidential Decree. <Amended by Act No. 5226, Dec. 30, 1996> |
| Article 22 (Support to Business Owner for Vocational Ability Development Training) |
The Minister of Labor may provide support for expenses necessary for vocational training to the business owner who carries out vocational ability development training as determined by the Presidential Decree for the development and improvement of vocational abilities of the insured, etc. under the conditions determined by the Presidential Decree. <Amended by Act No. 5226, Dec. 30, 1996; 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 (Expense-Support Standards, etc.) |
In the case where the Minister of Labor provides support for the expenses of the business owner pursuant to Article 22, the amount of such support shall be the amount of the vocational ability development premium from among the estimated premium of the year concerned as referred to in Article 60 multiplied by the ratio as determined by the Presidential Decree, and the limit shall be determined by the Presidential Decree. <Amended by Act No. 5514, Feb. 20, 1998> [This Article Added by Act No. 5226, Dec. 30, 1996]
| Article 24 (Support to the Insured for Vocational Ability Development) |
| (1) | Where the insured undergo vocational ability development training or make efforts to develop and improve their vocational ability, the Minister of Labor may provide necessary expenses under the conditions as prescribed by the Presidential Decree. |
| (2) | The Minister of Labor may, if necessary, conduct vocational ability development training for promoting the reemployment of the unemployed under the conditions as prescribed by the Presidential Decree. |
[This Article Wholly Amended by Act No. 5514, Feb. 20, 1998]
| Article 25 (Support for Vocational Ability Development Training Facilities) |
| (1) | If it is deemed necessary for the development and improvement of the vocational ability of the insured, etc., the Minister of Labor may, under the conditions prescribed by the Presidential Decree, loan the expenses required to set up vocational ability development training facilities and to purchase equipment, and provide support for the expenses involved in the establishment and operation of the vocational ability development training facilities as determined by the Minister of Labor. <Amended by Act No. 5514, Feb. 20, 1998> |
| (2) | Deleted. <by Act No. 5514, Feb. 20, 1998> |
| Article 26 (Promotion of Vocational Abilities Development) |
| (1) | The Minister of Labor may carry out activities falling under the categories of any of the following subparagraphs, for the development and improvement of vocational abilities of the insured, etc., or provide the expenses necessary for such implementation to those who carry them out: |
| 1. | Technical assistance activities related to vocational abilities development work; |
| 2. | Activities promoting skills and technology; and |
| 3. | Other activities as determined by the Presidential Decree. |
| (2) | Where the Minister of Labor deems it necessary to develop and improve vocational ability and to facilitate the supply and demand of manpower, he may entrust vocational ability development training activities over an occupational category determined by the Minister of Labor under the conditions as prescribed by the Presidential Decree. <Amended by Act No. 5514, Feb. 20, 1998> |
[This Article Wholly Amended by Act No. 5226, Dec. 30, 1996]
| Article 26-2 (Assistance for Vocational Abilities Development of Construction Workers, etc.) |
| (1) | The Minister of Labor may provide necessary expenses to the business owner for implementation of activities for the development and improvement of vocational abilities as stipulated by the Presidential Decree, for workers in unstable employment situations such as construction workers, etc. |
| (2) | The Minister of Labor may also provide assistance to an business owners’ association in connection with the activities mentioned in paragraph (1) where it is difficult for the business owner alone to carry out the vocational abilities development activities and where this is in accord with the Presidential Decree. |
[This Article Added by Act No. 5226, Dec. 30, 1996]
| Article 26-3 (Restriction on Support due to Unjust Act) |
The provisions of Article 20-2 shall apply mutatis mutandis with respect to the restriction on support for vocational ability development activities referred to in this Chapter. [This Article Added by Act No. 5514, Feb. 20, 1998]
| Article 27 (Delegation of Assignment) |
The Minister of Labor may, if necessary, delegate a part of his assignment under Articles 21, 22, 23-2, and 24 through 26 to others as designated by the Presidential Decree. <Amended by Act No. 5514, Feb. 20, 1998>
CHAPTER Ⅴ UNEMPLOYMENT BENEFITS
Section 1 General Provisions
| Article 28 (Kinds of Unemployment Benefits) |
| (1) | Unemployment benefits are divided into job-seeking benefits and employment promotion allowance. <Amended by Act No. 5226, Dec. 30, 1996> |
| (2) | Employment promotion allowance shall include the following: |
| 1. | Early reemployment allowance; |
| 2. | Vocational ability development allowance; |
| 3. | Wider area job-seeking expenses; and |
| Article 29 (Protection of Right to Receive Benefits) |
The right to receive unemployment benefits shall neither be transferable nor be offered as a security nor be subject to attachment.
| Article 30 (Exceptions to Daily Workers) |
The matters concerning unemployment benefits and unemployment benefits premiums for daily workers shall be determined by a separate Act.
| Article 30-2 (Extension of Application of Unemployment Benefits) |
Where any insured person who lost his job at the age of below 65 turns 65 without any job, the provisions of this Chapter shall apply to him notwithstanding the provisions of subparagraph 8-2 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 Recipient of Job-seeking Benefits) |
| (1) | Job-seeking benefits shall be paid to the insured only in case that they are laid off or lose their jobs and they meet the following requirements: <Amended by Act No. 5226, Dec. 30, 1996; Act No. 6099, Dec. 31, 1999> |
| 1. | The aggregate insured period under the provisions of Article 32 for 18 months prior to the date of unemployment shall be not less than 180 days (hereafter referred to as “standard period”); |
| 2. | The insured shall be in a state of joblessness (including the case where they engage in business for the purpose of profits; hereafter in this Chapter the same shall apply) despite their willingness to work and their ability to work; |
| 3. | The causes for losing jobs shall not fall under the causes for restricting recipient qualifications under the provisions of Article 45; and |
| 4. | The insured shall make vigorous efforts to find jobs. |
| (2) | For the insured who could not get their wages for more than 30 days within the 18 months before the date of loss of employment, due to disease, injury or other causes provided for by the Presidential Decree, such period of no wage earned shall be added to the standard period (if such period exceeds 3 years, it shall be considered 3 years). |
| Article 32 (Insured Unit Period) |
| (1) | The insured unit period shall be computed by adding days that are a basis for wage payments during the insured period. |
| (2) | In computing the insured unit period under the provisions of paragraph (1), where any person has had his recipient qualification recognized under the provisions of Article 33-2 (1) prior to the date on which he gains his insured qualification last, days prior to the date of his loss of job, which are related to the recognition of his recipient qualification and are a basis for payment of his previous wages, shall not be included into the insured unit period. |
[This Article Wholly Amended by Act No. 6099, Dec. 31, 1999]
| Article 33 (Report of Unemployment) |
| (1) | A person who intends to be paid a job-seeking benefits shall present himself at the occupation stabilization agency immediately after separation, and shall report unemployment and apply for a job. |
| (2) | The report of unemployment referred to in paragraph (1) shall include an application for a job and an application for recognition of the recipient qualification referred to in 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 Qualification) |
| (1) | Any person who seeks to be paid with job-seeking benefits shall be recognized by the head of the occupation stabilization agency as meeting recipient requirements for such job-seeking benefits under Article 31 (1) 1 through 3 (hereinafter referred to as “recipient qualification”). |
| (2) | The head of the occupation stabilization agency, upon receiving a request for the recognition of a recipient qualification under the provisons of paragraph (1), shall determine whether he shall grant the applicant such recognition and notify such applicant of the results as prescribed by the Presidential Decree. |
| (3) | Where the applicant referred to in paragraph (2) meets requirements falling under each of the following subparagraphs, the head of the occupation stabilization agency shall determine whether he shall grant him a recipient qualification based on the business for which he last worked: |
| 1. | He shall have lost his job as an insured person before he was employed for the business for which he last worked; and |
| 2. | He shall have never had his recipient qualification recognized in relation to the business for which he had worked prior to his last job. |
| (4) | Where any person who has had his recipient qualification recognized under the provisions of paragraph (2) (hereinafter referred to as a “qualified recipient”) has his recipient qualification newly recognized during the period under the provisions of Articles 39 and 42-4 (1), he shall be paid with job-seeking benefits based on the newly-recognized recipient qualification. |
[This Article Added by Act No. 6099, Dec. 31, 1999]
| Article 34 (Recognition of Unemployment) |
| (1) | The job-seeking benefits shall be paid for the days of unemployment recognized by the head of the occupation stabilization agency from among days during which a qualified recipient has been in 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 the recognition of his unemployment shall present himself once every two weeks on the day designated by the head of the occupation stabilization agency from the date on which he lost his job to report his efforts to find a new job and the head of the occupation stabilization agency shall recognize his unemployment for preceding 14 days: Provided, That the method of stabilizing jobs for persons falling under each of the following subparagraphs shall be dealt with standards prescribed by the Ministerial Decree of Labor: <Amended by Act No. 5514, Feb. 20, 1998; Act No. 6099, Dec. 31, 1999> |
| 1. | Qualified recipients who undergo vacational ability development training; |
| 2. | Qualified recipients due to grounds determined by the Presidential Decree such as the occurrence of natural disasters or mass unemployment; and |
| 3. | Other Qualified recipients prescribed by the Presidential Decree. |
| (4) | Despite the provisions of paragraph (3), the qualified recipient may obtain the recognition of unemployment by submitting a certificate describing the reason preventing his presence at the occupation stabilization agency in case of the following: <Amended by Act No. 5514, Feb. 20, 1998> |
| 1. | In case presence at the occupation stabilization agency was impossible due to disease or injury and the period is less than 7 consecutive days; |
| 2. | In case presence at the occupation stabilization agency was impossible due to interview with the job offerer through the placement service of the occupation stabilization agency; |
| 3. | In case presence at the occupation stabilization agency was impossible in order to receive the vocational ability development training directed by the head of the occupation stabilization agency; and |
| 4. | In case presence at the occupation stabilization agency was impossible due to natural disaster or other unavoidable causes. |
| (5) | In recognizing the unemployment under the provisions of paragraph (1), the head of the occupation stabilization agency, where it is deemed necessary to facilitate reemployment for qualified recipients, shall take measures, including job arrangements, as prescribed by the Ministerial Decree of Labor. In this case, any qualified recipient shall comply with measures taken by the head of the occupation stabilization agency unless justifiable reasons exist for not complying with such measures. <Added by Act No. 6099, Dec. 31, 1999> |
| Article 35 (Basic Daily Wage for Benefit) |
| (1) | The daily amount of wages which is the basis for the calculation of job-seeking benefits (hereinafter referred to as “basic daily wage”) shall be the average wages calculated pursuant to Article 19 (1) of the Labor Standards Act based on the last date of separation related to the recognition of recipient qualifications referred to in Article 33-2 (1): Provided, That where the calculation period for the average wages concerned is less than 2 months, it shall be calculated including part of the employment period at other applicable enterprises immediately before the employment at the enterprise concerned under the conditions determined by the Presidential Decree. <Amended by Act No. 5226, Dec. 30, 1996; Act No. 6099, Dec. 31, 1999> |
| (2) | Where the amount of money calculated by the provisions of paragraph (1) is less than the ordinary wage provided by the Labor Standards Act of the worker concerned, his ordinary wage amount shall be the basic daily wage. <Amended by Act No. 5399, Aug. 28, 1997> |
| (3) | Where it is difficult to calculate the basic daily wage under paragraphs (1) and (2) and premiums are paid on the basis of the base wage, the base wage shall be the basic daily wage. <Amended by Act No. 5566, Sep. 17, 1998> |
| (4) | Notwithstanding the provisions of paragraphs (1) through (3), where the basic daily wage calculated pursuant to such provisions is less than the amount calculated by multiplying the minimum wage equivalent to the unit of an hour provided for by the Minimum Wages Act at the date of separation by the fixed work hours per day before the separation of the qualified recipient concerned (hereafter referred to as the “minimum basic daily wage”), the minimum basic daily wage shall be the basic daily wage. <Amended by Act No. 5566, Sep. 17, 1998> |
| (5) | Notwithstanding the provisions of paragraphs (1) through (3), where |
the basic daily wage calculated pursuant to such provisions exceeds the amount determined by the Presidential Decree in consideration of the purpose of the employment insurance and the wage level of ordinary workers, the amount of money determined by the Presidential Decree shall be the basic daily wage. <Added by Act No. 5566, Sep. 17, 1998>
| Article 36 (Daily Job-Seeking Benefits Amount) |
| (1) | The amount of daily job-seeking benefits shall be determined by the following classification: <Amended by Act No. 6099, Dec. 31, 1999> |
| 1. | In case of Article 35 (1) through (3) and (5), the amount obtained by multiplying the basic daily wage of the qualified recipient concerned by 50/100; and |
| 2. | In case of Article 35 (4), the amount obtained by multiplying the basic daily wage of the qualified recipient concerned by 90/100 (hereafter referred to as the “minimum daily amount of job-seeking benefits”). |
| (2) | Where a daily job-seeking benefits amount calculated pursuant to the provisions of paragraph (1) 1 is less than the minimum daily job-seeking benefits amount, the minimum daily job-seeking benefits amount shall be the daily job-seeking benefits amount of the qualified recipient concerned. |
[This Article Wholly Amended by Act No. 5566, Sep. 17, 1998]
| Article 37 (Report of Labor and Income during Unemployment Period) |
| (1) | Where any qualified recipient provides his labor or earns income in return for such labor during a period for which he seeks to obtain the recognition of his unemployment (hereinafter referred to as the “period subject to the recognition of unemployment”), he shall file a report thereof with the head of the occupation stabilization agency. <Amended by Act No. 6099, Dec. 31, 1999> |
| (2) | The head of the occupation stabilization agency may, if it is deemed necessary, check if any qualified recipient has offered his labor and earned any income in return for such labor during the period subject to the recognition of unemployment. <Amended by Act No. 6099, Dec. 31, 1999> |
| Article 38 (Reduction of Job-Seeking Benefits) |
| (1) | Where any qualified recipient has earned income during the period subject to the recognition of his unemployment and an amount that derives from dividing such income by days for which the recognition of his unemployment is granted during the period subject to the recognition of unemployment exceeds 60/100 of daily job-seeking benefits, the excess amount shall be deducted from such daily job-seeking benefits and an amount that derives from the multiplication of the remainder by days for which the recognition of his unemployment is granted shall be paid as job-seeking benefits. <Amended by Act No. 6099, Dec. 31, 1999> |
| (2) | Where any qualified recipient is paid any benefits equivalent to unemployment benefits for stabilization of livelihood after losing his job in accordance with the provisions of another Acts, an amount equivalent to the amount paid as such benefits may be deducted from his job-seeking benefits as prescribed by the Presidential Decree. <Amended by Act No. 5226, Dec. 30, 1996; Act No. 6099, Dec. 31, 1999> |
| Article 39 (Period and Days of Payment) |
| (1) | Unless otherwise provided in this Act, the job-seeking benefits shall be paid for not more than 12 months from the date of loss of employment related to the qualification for payment, within the limit of the fixed benefit payment days provided by Article 41 (1). <Amended by Act No. 5226, Dec. 30, 1996; Act No. 6099, Dec. 31, 1999> |
| (2) | In case the recipient is unable to find employment for 30 days continuously due to pregnancy, delivery, childcare or other causes provided for by the Presidential Decree during the 12-month period under paragraph (1) and reports the fact to the occupation stabilization agency, the job-seeking benefits shall be paid within the limit of the fixed benefit payment days for the 12-month period plus such period preventing employment (within 4 years only) under Article 41 (1). <Amended by Act No. 5226, Dec. 30, 1996; Act No. 6099, Dec. 31, 1999> |
| Article 40 (Waiting Period) |
Despite the provisions of Article 34, the job-seeking benefits shall not be paid for 14 days counting from the date of the report of unemployment under Article 33 as they are considered a waiting period. <Amended by Act No. 5226, Dec. 30, 1996>
| Article 41 (Fixed Benefit Payment Days) |
| (1) | Based on one Qualification, the limit on the number of days for which the job-seeking benefits is paid (hereafter referred to as “fixed benefit payment days”) is described in the attached table by insurance period and age. <Amended by Act No. 5226, Dec. 30, 1996> |
| (2) | The insurance period referred to by paragraph (1) shall be the period of employment at the applicable enterprise where loss of employment related to the qualifications for the insurance takes place (the period employed as a worker under each of the categories named in Article 8 shall be excluded; hereafter the same in this Article shall apply): Provided, That in case the recipient has lost employment at an enterprise other than the applicable enterprise and re-acquires the qualifications for the insurance within 3 years from the date of separation, the period of employment at the applicable enterprise before the separation shall be included in the insurance period. <Amended by Act No. 6099, Dec. 31, 1999> |
| (3) | Calculating the insurance period under the proviso of paragraph (2), in case the payment of job-seeking benefits was made before the qualification for insurance was re-acquired at the applicable enterprise where separation from employment took place, the period of employment prior to separation shall not be included in the insurance period concerning the job-seeking benefits. <Amended by Act No. 5226, Dec. 30, 1996> |
| (4) | In case a single insurance period of the insured is confirmed to have obtained the qualifications for the insurance under Article 14 before 3 years retroactively, the qualification shall be, upon confirmation, considered to have taken place on the third year retroactively and the insurance period shall be calculated accordingly. |
| Article 42 (Benefit Payment for Extended Training) |
| (1) | The head of the occupation stabilization agency may, where in light of ages, experiences and other matters of qualified recipients, a training designed to develop their capabilities is especially required for their reemployment, order such qualified recipients to undergo such training. |
| (2) | The head of the occupation stabilization agency may, where he orders such qualified recipients to undergo the training under the provisions of paragraph (1), pay extendedly their job-seeking benefits in excess of the prescribed number of benefit days for days for which the recognition of unemployment is granted during a period for which they undergo the training. In this case, the period for which the job-seeking benefits are extendedly paid (hereinafter referred to as “training extended benefits”) shall be a period limit set by the Presidential Decree. |
| (3) | Persons subject to the training, training course and other necessary matters under paragraph (1) shall be prescribed by the Ministerial Decree of Labor. |
[This Article Wholly Amended by Act No. 6099, Dec. 31, 1999]
| Article 42-2 (Individual Extension Benefits) |
| (1) | The head of the occupation stabilization agency may extendedly pay job-seeking benefits in excess of the prescribed number of benefit days to any qualified recipient who is hard to live and find a job prescribed by the Presidential Decree for days for which the recognition of unemployment is granted. <Amended by Act No. 6099, Dec. 31, 1999> |
| (2) | The extended job-seeking benefits under paragraph (1) (hereafter referred to as “individual extension benefits”) shall be paid for a period determined by the Presidential Decree within the limit of 60 days. |
[This Article Added by Act No. 5514, Feb. 20, 1998]
| Article 42-3 (Special Extension Benefits) |
| (1) | The Minister of Labor may, where there exist any grounds determined by the Presidential Decree such as the rapid increase of unemployment, pay job-seeking benefits to a qualified recipient for days for which the recognition of unemployment is granted within the limit of 60 days exceeding the fixed benefit payment days: Provided, That the same shall not apply to a qualified recipient determined by the Ministerial Decree of Labor, such as a qualified recipient having income of such a fixed amount or more as may be necessary for the stabilization of livelihood after his separation. <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 extended jobseeking benefits pursuant to the main sentence of paragraph (1) (hereafter referred to as the “special extension benefits”), shall conduct it for a fixed period. |
[This Article Added by Act No. 5514, Feb. 20, 1998]
| Article 42-4 (Recipient Period of Extension Benefits and Daily Jobseeking Benefits Amount) |
| (1) | Where the extension benefits are to be paid under the provisions of Articles 42 through 42-3, the recipient period for the qualified recipient concerned shall be a period calculated by adding the extended job-seeking benefit days to the recipient period of the qualified concerned under the provisions of Article 39. <Amended by Act No. 6099, Dec. 31, 1999> |
| (2) | Where the extension benefits are to be paid under the provisions of Articles 42 through 42-3, the daily job-seeking benefits amount shall be an amount calculated by multiplying the daily job-seeking benefits amount for a qualified recipient by 70/100. <Amended by Act No. 6099, Dec. 31, 1999> |
| (3) | Where the daily job-seeking benefits amount calculated by the provisions of paragraph (2) is less than the minimum daily job-seeking benefits amount referred to in Article 36 (2), the daily job-seeking benefits amount of the qualified recipient concerned shall be the minimum daily job-seeking benefits amount. |
[This Article Added by Act No. 5514, Feb. 20, 1998]
| Article 42-5 (Mutual Adjustment of Extension Benefits) |
| (1) | The extension benefits referred to in Articles 42, 42-2, and 42-3 shall be paid after closing the payment of the job-seeking benefits which the qualified recipient concerned is able to receive under Article 39. |
| (2) | With respect to a qualified recipient who receives training extension benefits, the individual extension benefits and special extension benefits shall not be paid until the payment of such training extension benefits closes. |
| (3) | Where a qualified recipient who receives individual extension benefits or special extension benefits comes to receive training extension benefits, such individual extension benefits or special extension benefits shall not be paid. |
| (4) | For a qualified recipient who receives special extension benefits, the individual extension benefits shall not be paid until the payment of the special extension benefits closes, and for a qualified recipient who receives individual extension benefits, the special extension benefits shall not be paid until the payment of the individual extension benefits closes. |
| (5) | Such other matters as may be necessary for the adjustment of extension 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) | The job-seeking benefits shall be paid for the recognized days of unemployment once every two weeks under the conditions prescribed by the Presidential Decree. <Amended by Act No. 5226, Dec. 30, 1996> |
| (2) | Notwithstanding the provision of paragraph (1), the Minister of Labor may determine other methods of payment for qualified recipients who undergo the vocational ability development training, etc., designated by the head of the occupation stabilization agency and for other qualified recipients provided for by the Presidential Decree. <Amended by Act No. 5226, Dec. 30, 1996; Act No. 5514, Feb. 20, 1998> |
| (3) | The head of the occupation stabilization agency shall decide and notify the qualified recipients concerned of the date on which the job-seeking benefits is to be paid. <Amended by Act No. 5226, Dec. 30, 1996> |
| Article 44 (Unpaid Job-seeking Benefits) |
| (1) | In case a qualified recipient is deceased and there remains any unpaid part of the job-seeking benefits which is due to the person, the spouse (which term includes the person who has maintained a de facto marital relationship with the person), children, parents, grandchildren, grandparents, or brothers or sisters of the person who had received their livelihood from the person at the time of the person’s death, may claim the payment of the said unpaid part of the job-seeking benefits in their own name. <Amended by Act No. 5226, Dec. 30, 1996> |
| (2) | For the days no recognition of unemployment is obtained due to the death of the qualified recipient, such recognition shall be obtained by the one who requests the payment of the unpaid benefit in accordance with paragraph (1). In this case if the qualified recipient falls under paragraph (1) of Article 37, the one who requests such payment shall report the matters provided by paragraph (1) of the same Article to the head of the occupation stabilization agency. <Amended by Act No. 5226, Dec. 30, 1996> |
| (3) | The order of those who may receive the unpaid job-seeking benefits according to paragraph (1) shall be the same as enumerated in that paragraph. In case two persons or more are in the same order, one of them shall be considered to have requested for all of them, and the payment to one person shall be considered as the payment to all. <Amended by Act No. 5226, Dec. 30, 1996> |
| Article 45 (Restriction on Qualifications for Benefit Payment due to Causes of Separation) |
| (1) | Despite the provisions of Article 31, the insured shall not be considered qualified for benefit payment in case he is fired due to serious faults of his own or separated from employment on personal grounds without justifiable reason. |
| (2) | The existence of serious faults and personal grounds without justifiable reason referred to in paragraph (1) shall be decided by the head of the occupation stabilization agency in accordance with the standards determined 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 the period of three months from the report date of unemployment referred to in Article 33, for a qualified recipient (including any person who is certain to receive as prescribed by the Presidential Decree) who receives as his retirement allowances money and articles of not less than the amount determined by the Presidential Decree in consideration of the economic conditions at the time of his separation. <Amended by Act No. 6099, Dec. 31, 1999> |
| (2) | The period of benefit payment for a qualified recipient for whom the payment of job-seeking benefits is deferred under paragraph (1), shall be the period calculated by adding three months to the period of benefit payment of the qualified recipient concerned referred to in Article 39. |
[This Article Added by Act No. 5566, Sep. 17, 1998]
| Article 46 (Restriction on Payment of Benefit for Refusing Training, etc.) |
| (1) | In case the qualified recipient refuses to accept the employment introduced by the head of the occupation stabilization agency or to receive the vocational ability development training designated by the head of the occupation stabilization agency, the payment of the job-seeking benefits shall be suspended from the date of such refusal: Provided, That in the case of any of the following justifiable reasons, the payment shall not be suspended: <Amended by Act No. 5226, Dec. 30, 1996; Act No. 5514, Feb. 20, 1998> |
| 1. | In case the job offered or the kind of occupation for which the vocational ability development training is designated, is not suitable to the ability of the qualified recipient; |
| 2. | In case relocation of house is necessary to accept the employment or to receive the vocational ability development training and such relocation is difficult; |
| 3. | In case the wage level of the offered job is unreasonably lower than the same kind of occupation or the same level of skill in the same area; and |
| 4. | In case of other justifiable reasons. |
| (2) | In case the qualified recipient refuses without justifiable reason to receive the vocational guidance for the promotion of reemployment conducted by the head of the occupation stabilization agency in accordance with the standard set by the Minister of Labor, the payment of job-seeking benefits shall be suspended from the date of such refusal. <Amended by Act No. 5226, Dec. 30, 1996> |
| (3) | The recognition of justifiable reason under the proviso of paragraph (1) and paragraph (2) shall be decided by the head of the occupation stabilization agency in accordance with the standards determined by the Minister of Labor. |
| (4) | The period for which the payment of the job-seeking benefits is to be suspended 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 Benefit Due to Dishonest Act) |
| (1) | In case one attempts to receive or has received the payment of unemployment benefits in a false and illegal manner, the payment of the job-seeking benefits shall not be made from the date such attempt or payment is made: Provided, That the payment shall not be suspended for new qualifications obtained after the separation from employment related to such job-seeking benefits. <Amended by Act No. 5226, Dec. 30, 1996> |
| (2) | Where the false or other illegal manner fall under the failure to fulfill a report obligation or the filing of a false report under the provisions of Article 37 (1) and causes prescribed by the Presidential Decree, notwithstanding the provisions of the main sentence of paragraph (1), the jobseeking benefits shall not be paid only for the period subject to the recognition of unemployment concerned: Provided, That where any person performs the act of violation not less than two times, his case shall be dealt with according to the main sentence of paragraph (1). <Added by Act No. 6099, Dec. 31, 1999> |
| (3) | Where any person who has received his unemployment benefits or sought to receive such benefits in a false or other illegal manner is made disqualified for his job-seeking benefits under the provisions of paragraph (1) or (2), he shall be deemed to have received his job-seeking benefits concerned in the application of the provisions of Article 41 (2) and (3). <Amended by Act No. 5226, Dec. 30, 1996; Act No. 6099, Dec. 31, 1999> |
| (4) | Where any person who has received his unemployment benefits or sought to receive such benefits in a false or other illegal manner and is made disqualified for his job-seeking benefits under the provisions of paragraph (1) or (2), he shall be deemed to have received his job-seeking benefits for days for which he has been disqualified for such job-seeking benefits in the application of the provisons of Article 49 (2) and (3). <Amended by Act No. 5226, Dec. 30, 1996; Act No. 6099, Dec. 31, 1999> |
| Article 48 (Refund Order, etc.) |
| (1) | The head of the occupation stabilization agency may order the person who receives the job-seeking benefits by false or other unfair means to return the whole or part of the paid job-seeking benefits and may, in addition to this, levy the amount of money equivalent to the amount of the job-seeking benefits paid by such false or other unfair means in accordance with the standards determined by the Ministerial Decree of Labor. <Amended by Act No. 5226, Dec. 30, 1996; Act No. 5514, Feb. 20, 1998; Act No. 5566, Sep. 17, 1998> |
| (2) | Where the false and illegal manner referred to in paragraph (1) is caused by a false report, a false notification or a false certification by a business operator (including the agents, the employees, and the other employed of such business operator), such business operator and the person who has been paid with the job-seeking benefits in question shall be held jointly accountable. <Amended by Act No. 5226, Dec. 30, 1996; Act No. 6099, Dec. 31, 1999> |
| (3) | The head of the occupation stabilization agency, where he is found to have paid by mistake job-seeking benefits to qualified recipients or former qualified recipients, may collect such payments made by mistake. <Added by Act No. 6099, Dec. 31, 1999> |
| Article 49 (Special Case of Injury, Disease or Child Birth Benefit) |
| (1) | In case a qualified recipient becomes unable to take employment on account of injury, disease or child birth after he reported separation from employment in accordance with Article 33 and cannot obtain the recognition of unemployment, the amount of money equivalent to the job-seeking daily amount of benefit (hereafter referred to as “injury and disease benefit”) of Article 36 may be paid instead of the job-seeking benefits, notwithstanding Article 34 (1): Provided, That the injury and disease benefit shall not be paid for the period for which the payment of job-seeking benefits is suspended by Article 46 (1) and (2). <Amended by Act No. 5226, Dec. 30, 1996; Act No. 5566, Sep. 17, 1998> |
| (2) | The number of days for which the injury and disease benefit may be paid shall be the days of the recipient’s fixed allowance payment days minus the days for which the payment of job-seeking benefits is made. In this case the job-seeking benefits for the number of days equivalent to the number of days for which the injury and disease benefit is paid, shall be considered to have been paid in the application of the provisions of this Act (excluding the provisions of Article 47 and 48). <Amended by Act No. 5226, Dec. 30, 1996> |
| (3) | The payment of injury and disease benefit under the provisions of paragraph (1) shall be made on the first payment date of the job-seeking benefits after the removal of the reason preventing the recipient from going to work (in case of no such payment date of job-seeking benefits, on the date decided by the head of the occupation stabilization agency): Provided, That payment may be made in accordance with the decision made otherwise by the Minister of Labor if deemed necessary. <Amended by Act No. 5226, Dec. 30, 1996> |
| (5) | Concerning payment of injury and disease benefit, the provisions of Articles 37, 38, 40, 44, 47 (1) through (3), and 48 shall apply mutatis mutandis. In this case, the period subject to the recognition of unemployment as prescribed in the provisions of Articles 37 and 38 shall be deemed “days for which the recognition of unemployment has not been granted”. <Amended by Act No. 6099, Dec. 31, 1999> |
Section 3 Employment Promotion Allowance
| Article 50 (Early Reemployment Allowance) |
| (1) | The payment of early reemployment allowance shall be made when the qualified recipient is reemployed at a stable occupation in accordance with the standards set by the Presidential Decree: Provided, That this provision shall not be applied in case the number of days for which the job-seeking benefits concerned is not paid, is less than half of the fixed benefit payment days counting from the day before the reemployment takes place. <Amended by Act No. 5226, Dec. 30, 1996> |
| (2) | Despite the provisions of paragraph (1), the payment of early reemployment allowance shall not be made if the qualified recipient has received the payment of early reemployment allowance within the period set by the Presidential Decree, before his reemployment. |
| (3) | The amount of early reemployment allowance shall be calculated in accordance with the standards set by the Presidential Decree in proportion to the number of the fixed allowance payment days of job-seeking benefits for which the payment of job-seeking benefits is not made. <Amended by Act No. 5226, Dec. 30, 1996> |
| (4) | In the application of the provisions of this Act (excluding the provisions of Articles 47 and 48) the payment amount of the early reemployment allowance concerned shall be considered to have been made equivalent to the job-seeking benefits amount for the days divided by the job-seeking daily amount of benefit as prescribed in Article 36. <Amended by Act No. 5226, Dec. 30, 1996> |
| (5) | A subsidy may be paid to a person who reemploys the qualified recipient at the earliest possible date and shortens the period of payment for jobseeking benefit under the conditions as determined by the Presidential Decree. <Added by Act No. 5226, Dec. 30, 1996> |
| Article 51 (Vocational Ability Development Allowance) |
| (1) | The payment of vocational ability development allowance shall be made for the period during which the qualified recipients undergo vocational ability development training, etc., designated by the head of the occupation stabilization agency. <Amended by Act No. 5514, Feb. 20, 1998> |
| (2) | Despite the provisions of paragraph (1), vocational ability development allowance shall not be paid for the period during which the payment of jobseeking benefits is suspended under Article 46 (1) and (2). <Amended by Act No. 5226, Dec. 30, 1996> |
| (3) | The requisites and amount for the payment of vocational ability development allowance shall be determined by the Presidential Decree. In this case, the amount of vocational ability development allowance may be determined separately for vocational ability development training related to the kinds of occupations recognized and announced as especially essential by the Minister of Labor in consideration of the status of manpower supply and demand. <Amended by Act No. 5514, Feb. 20, 1998> |
| Article 52 (Wider Area Job-seeking Expenses) |
| (1) | The payment of wider area job-seeking expenses may be made to the qualified recipient in case he engages in job-seeking in large areas offered by the occupation stabilization agency and if the head of the occupation stabilization agency deems it necessary in accordance with the standards set by the Presidential Decree. |
| (2) | The amount of wider area job-seeking expenses shall be the expenses normally required for such activities of job-seeking as in paragraph (1), but the calculation of such amount of money shall be made as prescribed by the Ministerial Decree of Labor. |
| Article 53 (Relocation Expenses) |
| (1) | Moving expenses may be paid to the qualified recipient when he moves to take employment or to undergo the vocational ability development training designated by the head of the occupation stabilization agency and if the head of the occupation stabilization agency deems it necessary under the standards prescribed by the Presidential Decree. <Amended by Act No. 5514, Feb. 20, 1998> |
| (2) | The amount of moving expenses shall be the amount normally required for moving the household of the qualified recipient, but the amount of money shall be calculated as prescribed by the Ministerial Decree of Labor. |
| Article 54 (Restriction on Payment of Employment Promotion Allowance) |
| (1) | The employment promotion allowance shall not be paid to a person who received or attempted to receive unemployment benefits by means of fraudulent or other unfair conduct, as from the day when he received or attempted to receive the said benefits: Provided, That payment shall not be suspended for new qualifications obtained after separation from the employment related to such unemployment promotion benefits. |
| (2) | Notwithstanding the provisions of the main sentence of paragraph (1), where the means of fraudulent or other unfair conduct falls under the failure to fulfill the obligation of filing a report or the filing of a false report under Article 37 (1) or other causes prescribed by the Presidential Decree, no restrictions shall be made on the payments of employment promotion benefits: Provided, That where the violation is committed two or more times, it shall be governed by the main sentence of paragraph (1). <Added by Act No. 6099, Dec. 31, 1999> |
| (3) | Even where a person who has received unemployment benefits or sought to receive such benefits by means of fraudulent or other unfair conduct has been made disqualified for employment promotion benefits and early reemployment benefits under the provisions of paragraph (1) or (2), he shall be deemed to have received such early reemployment benefits for which he has been made disqualified in the application of the provisions of Article 50 (4). <Amended by Act No. 6099, Dec. 31, 1999> |
| Article 55 (Applying Mutatis Mutandis) |
The provisions of Article 44 (1) and (3), and 48 shall apply mutatis mutandis to the employment promotion allowance. In this case, the term “qualified recipient” in Article 44 (1) shall read as “person qualified for employment promotion allowance”.
| (1) | The Minister of Labor shall collect a premium from the business owners and the insured workers to cover the expenses required for the insurance activities. |
| (2) | The premium to be paid by the insured workers under paragraph (1) shall be the amount of their total wages multiplied by one half of the unemployment benefits premium rates under Article 57: Provided, That unless the workers are paid the wages as provided for in subparagraph 4 of Article 2 by the business owners, they shall pay the amount calculated by multiplying their total wages by the unemployment benefits premium rates under Article 57. <Amended by Act No. 5399, Aug. 28, 1997> |
| (3) | The premium to be paid by business owners under paragraph (1) shall be the total sum of the entire wages amount of their insured workers multiplied by the employment security premium rate, by the vocational ability development premium rate and by one half of the unemployment benefits premium rate under Article 57. |
| (4) | In the case where it is difficult to determine the total estimated wages or the total amount of wages referred to in Article 60 (1) or 61 (1), the total estimated wages or the total amount of wages may be determined according to the labor expenses ratio as publicly announced by the Minister of Labor. <Added by Act No. 5226, Dec. 30, 1996> |
| (5) | Of the premium provided in paragraph (1), the premium collected by multiplying the employment security premium rate, the vocational ability development premium rate and the unemployment benefits premium rate under Article 57, shall be appropriated for the expenses required for the respective activities. |
| Article 56-2 (Special Cases of Collection of Premium) |
In the case where an insured worker arrives at the age of 64, notwithstanding the provisions of Article 56 (1), the premium shall not be collected during the insured period from the month to which the day belongs. [This Article Added by Act No. 5226, Dec. 30, 1996]
| Article 57 (Determination of Premium Rates) |
| (1) | The premium rates shall be determined by the Presidential Decree separately for the employment security premium rate, the vocational ability development premium rate and the unemployment benefits premium rate within 30/1000 in consideration of the changes of insurance earnings and expenses and economic conditions. <Amended by Act No. 5514, Feb. 20, 1998> |
| (2) | Any change of the premium rate of paragraph (1) shall require the deliberation of the Employment Policy Council. |
| Article 58 (Special Adjustment of Premium Rates) |
Despite the provisions of Article 57 (1), when the proportion of the amount of unemployment benefits to that of the unemployment benefits premium as of June 30 of the year concerned at a certain enterprise, whose insurance relationship was established more than three years ago retroactively, is more or less than the proportion determined by the Presidential Decree, the unemployment benefits premium rate for the following year may be adjusted upward or downward within the limit of 40 percent of the unemployment benefits premium rate under the standards prescribed by the Presidential Decree.
| Article 59 (Collection of Premium through Withholding) |
| (1) | The business owner may deduct the amount of money equivalent to the premiums to be paid by his insured workers under Article 56 (2) from the wages to be paid to them through withholding as prescribed by the Presidential Decree. |
| (2) | When the business owner deducts the amount of money equivalent to the premium of paragraph (1) through withholding, he shall hand over the statement of such deduction to the insured worker. |
| (3) | The original contractor provided in Article 9 (5) may entrust his subcontractors who employ the insured workers other than those who belong to his workplace, with the deduction of the amount of money equivalent to the premium to be paid by their insured workers through withholding wages. In this case the provisions of paragraph (1) and (2) shall apply mutatis mutandis to the deduction from wages through withholding by subcontractors. |
| (4) | In a case where the workers pay the unemployment benefit premium concerned pursuant to the proviso of Article 56 (2), the business owner shall report the fact and pay the premium pursuant to Articles 60 and 61, and the said workers shall pay the business owner the amount of money corresponding to the premium. <Added by Act No. 5399, Aug. 28, 1997> |
| Article 60 (Report and Payment of Estimated Premiums) |
| (1) | Within 70 days from the first day of the insurance year (from the date of establishment when the insurance relationship has been established in the course of an insurance year), the business owner shall report and pay to the Minister of Labor each insurance year, the amount (hereafter referred to as the “estimated premium”) calculated by multiplying the total estimated wages to be paid to all the insured workers to be engaged in the business during each insurance year (if prescribed by the Presidential Decree, the estimated wages shall be the total wages paid to the workers for the previous year) by the premium rates of the concerned insurance activities under Article 57: Provided, That if a business, having a fixed business period such as construction work, is supposed to be finished within 70 days, the report and payment of estimated premiums shall be made by the day before the date of completion of the business. <Amended by Act No. 5226, Dec. 30, 1996; Act No. 5399, Aug. 28, 1997> |
| (2) | If the estimated total of wages increases beyond the limits provided for in the Presidential Decree, after report and payment of the estimated premiums under paragraph (1), the business owner shall report and pay the difference between the estimated premium already reported and the estimated premiums based on the estimated total wages after the increase, to the Minister of Labor no later than the end of the month following the month when the cause of increase occurs: Provided, That the same shall not apply to business operators including small-sized business operators, etc. prescribed by the Presidential Decree. <Amended by Act No. 5566, Sep. 17, 1998; Act No. 6099, Dec. 31, 1999> |
| Article 61 (Report, Payment and Accurate Calculation of Final Premium) |
| (1) | The business owner shall report and pay to the Minister of Labor the amount (hereafter referred to as the “final premium”) calculated by multiplying the total amount of wages paid (including the amount decided to be paid) to all the insured workers who have been employed in the business during each insurance year (during the period ending on the date when the insurance relationship has been terminated) by the premium rates of the concerned insurance activities under Article 57, within 70 days after the beginning of the following insurance year (within 30 days from the day after the date when the insurance relationship terminated in the course of an insurance year). <Amended by Act No. 5226, Dec. 30, 1996; Act No. 5399, Aug. 28, 1997> |
| Article 62 Deleted.<by Act No. 5226, Dec. 30, 1996> |
| Article 63 Deleted.<by Act No. 5514, Feb. 20, 1998> |
| Article 64 (Employment Insurance Affairs Association) |
| (1) | An association whose entire membership is business owners, etc. and which is organized under a special Act, or which is established with the permission of the Minister of Labor under Article 32 of the Civil Act, or which meets the standards determined by the Presidential Decree (hereinafter referred to as the “association”) may manage by delegation of the business owner such affairs as reports of the insured, payment of premiums due from the business owner under this Act and other affairs concerning the insurance (hereinafter referred to as “insurance affairs”). In this case, the scope of a business owner who may delegate insurance affairs shall be specified by the Presidential Decree. <Amended by Act No. 5566, Sep. 17, 1998> |
| (2) | When the association intends to manage insurance affairs as prescribed by paragraph (1), it shall obtain the authorization of the Minister of Labor as prescribed by the Presidential Decree. <Amended by Act No. 5566, Sep. 17, 1998> |
| (3) | The association which has obtained authorization under paragraph (2) (hereinafter referred to as “employment insurance affairs association”) shall make a report to the Minister of Labor when it intends to discontinue the affairs described in paragraph (1) or make a modification in the contents of the authorization. <Amended by Act No. 5566, Sep. 17, 1998> |
| Article 64-2 (Assistance to Employment Insurance Affairs Association) |
Where the employment insurance affairs association transacts insurance affairs referred to in Article 64 (1), the Minister of Labor may pay collection expenses and other subsidies under the conditions as prescribed by the Presidential Decree. [This Article Added by Act No. 5566, Sep. 17, 1998]
| Article 65 (Applying Mutatis Mutandis) |
[This Article Wholly Amended by Act No. 4826, Dec. 22, 1994]
CHAPTER Ⅶ EMPLOYMENT INSURANCE FUND
| Article 66 (Establishment and Formation of Fund) |
| (1) | The Minister of Labor shall establish the employment insurance fund (hereafter referred to as “fund”) in order to appropriate the expenses needed for the insurance activities. |
| (2) | The fund shall be formed with the premium, collected money, reserve fund, profits derived from the operation of the fund and other revenues according to this Act. |
| Article 67 (Management and Operation of Fund) |
| (1) | The fund shall be operated and managed by the Minister of Labor. |
| (2) | The details of the management and operation of the fund shall be provided by the Framework Act on Funds Management. |
| (3) | The Minister of Labor shall manage and operate the fund by the methods listed under the following subparagraphs: |
| 1. | Deposits to financial institutions; |
| 2. | Deposits to public financial funds; |
| 3. | Purchase of securities issued or guaranteed by state or local governments or financial institutions; and |
| 4. | Other methods to increase the fund determined by the Presidential Decree. |
| (4) | The Minister of Labor shall ensure that the earnings from the management and operation of the fund will exceed a certain level determined by the Presidential Decree. |
The fund shall be used for the following purposes:
| 1. | Expenses needed for the activities of employment security and vocational ability development; |
| 2. | Payment of unemployment benefits; |
| 4. | Repayment of loans and interest; and |
| 5. | Other expenses needed for the enforcement of this Act and determined by the Presidential Decree and incidental expenses related to the execution of the activities of paragraphs (1) and (2). |
| Article 69 (Fund Operation Plan, etc.) |
| (1) | The Minister of Labor shall make the fund operation plan each year and it shall be approved by the President through the deliberation of the Employment Policy Council and the State Council. |
| (2) | The Minister of Labor shall announce the results of the fund operation through the deliberation of the Employment Policy Council each year. |
| Article 70 (Establishment of Fund Account) |
| (1) | The Minister of Labor shall establish the employment insurance fund account in the Bank of Korea. |
| (2) | The employment insurance fund account under paragraph (1) shall be managed separately for each of the areas of employment stabilization, vocational ability development and unemployment benefits. |
| (3) | Where funds are insufficient to conduct employment stabilization activities or vocational ability development activities, the deficit may be addressed by funds for other activities with the period of refund specified, and in this case, such appropriations shall be refunded under the conditions prescribed by the Presidential Decree. <Added by Act No. 5514, Feb. 20, 1998> |
| Article 71 (Receipts and Disbursements of Fund) |
Necessary details related to receipts and disbursements in the management and operation of the fund shall be determined by the Presidential Decree.
| Article 72 (Reserve Fund) |
| (1) | The Minister of Labor shall reserve surplus funds exceeding the expenditure for the year concerned, as a reserve fund to meet a potential situation of mass unemployment or unstable employment situation. |
| (2) | The optimum scale of the reserve fund mentioned in paragraph (1) shall be determined through the deliberation of the Employment Policy Council. |
| Article 72-2 (Treatment of Surplus and Loss) |
| (1) | In case of a surplus as a result of the settlement of accounts of the fund, it shall be put aside as a reserve fund. |
| (2) | In case of an amount of loss resulting from the settlement of accounts of the fund, it shall be compensated by using the reserve fund. |
[This Article Added by Act No. 5226, Dec. 30, 1996]
Where a shortage of money arises or is likely to arise in the expenditure of the fund, a loan may, on security of the fund, be made from other resources such as special accounts for financial loan, financial institutions, or other funds.
[This Article Wholly Amended by Act No. 5514, Feb. 20, 1998]
CHAPTER Ⅷ REQUEST FOR EXAMINATION AND REEXAMINATION
| Article 74 (Examination and Reexamination) |
A person who has an objection to the confirmation of the acquisition or cancellation of the insurance qualification referred to in Article 14 or to the disposition on unemployment benefits referred to in Chapter 5 (hereinafter referred to as “original disposition, etc.”) may make a request for examination to the examiner referred to in Article 75, and the person who objects to that decision may make a request for reexamination to the examination committee referred to in Article 76. <Amended by Act No. 4826, Dec. 22, 1994> | (2) | The request for examination prescribed in paragraph (1) shall be brought within 60 days from the day on which it is known that a confirmation or disposition of the same paragraph is made and the request for reexamination shall be brought within 60 days from the day on which it is known that a decision of the request for examination is made. <Amended by Act No. 5226, Dec. 30, 1996> |
| (3) | As for the interruption of prescription, requests for examination and reexamination mentioned in paragraph (1), shall be considered as requests by trial. |
| Article 74-2 (Nomination of Agents) |
Any applicant for examination or any applicant for reexamination may nominate any persons falling under any of the following subparagraphs as his agents other than his legal agents:
| 1. | The spouse, lineal ascendants or descendants, or siblings of the applicant; |
| 2. | The officers or employees of the applicant who is a corporation; |
| 3. | Attorneys-at-law or certified labor affairs consultants; and |
| 4. | Persons who have obtained permission from the Employment Insurance Deliberative Committee. |
[This Article Added by Act No. 6099, Dec. 31, 1999]
| Article 75 (Employment Insurance Examiner) |
| (1) | In order to conduct the examination provided for by Article 74, an employment insurance examiner (hereafter referred to as “examiner”) shall be assigned. |
| (2) | In the case where the examiner receives a request for examination pursuant to Article 74 (1), he shall make a decision on the request within 30 days: Provided, That where he cannot make the decision within that period for compelling causes, he may extend the period once by not more than 10 days. <Amended by Act No. 4826, Dec. 22, 1994> |
| (3) | The staff, qualifications, placement and duty of the examiner shall be determined by the Presidential Decree. |
| (4) | In the case where circumstances are such that a party could hardly expect an impartial deliberation and decision from the examiner, he may lodge a motion of challenge against the examiner with the Minister of Labor. <Amended by Act No. 4826, Dec. 22, 1994> |
| (5) | In the case where the applicant for examination dies, when he is the qualified recipient of unemployment benefits, his bereaved family referred to in Article 44, his heir, a person who succeeds to the rights or interests related to the original disposition, the object of the request for examination, or others, shall succeed to the status of the applicant for examination, respectively. <Added by Act No. 4826, Dec. 22, 1994> |
| Article 75-2 (Request for Examination, etc.) |
| (1) | The request for examination referred to in Article 74 (1) shall be made to the examiner who has jurisdiction over the occupation stabilization agency concerned, through the occupation stabilization agency which makes the original disposition etc. |
| (2) | The occupation stabilization agency shall send the request for examination to a competent examiner accompanied by its written opinion within 5 days from the date on which it has received the request. |
[This Article Added by Act No. 4826, Dec. 22, 1994]
| Article 75-3 (Mode of Request) |
Requests for examination shall be made in writing under the conditions stipulated by the Presidential Decree.
[This Article Added by Act No. 4826, Dec. 22, 1994]
| Article 75-4 (Correction and Dismissal) |
| (1) | In the case where the deadline referred to in Article 74 (3) for the request for examination has lapsed, or it is impossible to correct without violation of the legal methods, the examiner shall dismiss it through a decision. |
| (2) | In the case where the request for examination is possible to correct notwithstanding the violation of the legal methods, the examiner may order the applicant for examination to correct it by fixing a reasonable period: Provided, That the matters to be corrected are minor, the examiner may correct them ex officio. |
| (3) | The examiner shall dismiss the request for examination through a decision where the applicant for examination fails to correct it within the period stipulated by paragraph (2). |
[This Article Added by Act No. 4826, Dec. 22, 1994]
| (1) | The examiner shall, when he lacks jurisdiction for examination of the request, transfer the case to the competent examiner, under the conditions determined by the Presidential Decree, and shall notify the fact to the applicant for examination. |
| (2) | The case transferred pursuant to paragraph (1) shall be, from the first, deemed the request to the examiner who has been referred to it. |
[This Article Added by Act No. 4826, Dec. 22, 1994]
| Article 75-6 (Suspension of Execution of Original Dispositions) |
| (1) | The request for examination shall not suspend the execution of original dispositions, etc.: Provided, That where it is deemed materially necessary to avoid serious harm arising from the execution of original dispositions, etc., the examiner may suspend the execution ex officio. |
| (2) | The examiner shall, where he intends to suspend the execution pursuant to the proviso of paragraph (1), make notice of the causes in writing. |
| (3) | The head of the Employment Security Office shall, upon receipt of the notification referred to in paragraph (2), without delay, suspend the execution. |
[This Article Added by Act No. 4826, Dec. 22, 1994]
| Article 75-7 (Powers of Examiners) |
| (1) | The examiner may, at the request of the applicant for examination or ex officio, make investigations under any of the following subparagraphs where deemed necessary for the trial of the request for examination: |
| 1. | To have the applicant for examination or person concerned appear at the designated place and inquire or state his opinion; |
| 2. | To have the applicant for examination or person concerned present the documents or other materials which may be used as evidence; |
| 3. | To have a third party with professional knowledge and experience appraise the situation; and |
| 4. | To enter the workplace related to the case or other places and question the business owner, employees or other persons concerned or inspect other materials. |
| (2) | In the case where the examiner undertakes the inquiries and inspections referred to in paragraph (1) 4 of this Article, he shall produce a certificate indicating his powers to the persons concerned. |
[This Article Added by Act No. 4826, Dec. 22, 1994]
| Article 75-8 (Restitution of Actual Expenses) |
A person who has appeared at the designated place pursuant to Article 75-7 (1) 1 and an expert who has made appraisal pursuant to subparagraph 3 of the same paragraph shall be compensated for their actual expenses as determined by the Minister of Labor. [This Article Added by Act No. 4826, Dec. 22, 1994]
The examiner shall cancel all or part of the original disposition, etc., or dismiss all or part of the request for examination when he closes the trial of the request for examination.
[This Article Added by Act No. 4826, Dec. 22, 1994]
| Article 75-10 (Methods of Decision) |
| (1) | The decisions referred to in Article 75 shall be made in writing under the conditions determined by the Presidential Decree. |
| (2) | The examiner shall, upon his decision, send an original copy of the notice of decision to the applicant for examination and to the head of the Employment Security Office who has made the original disposition, etc. |
[This Article Added by Act No. 4826, Dec. 22, 1994]
| Article 75-11 (Effect of Decision) |
| (1) | The decision shall take effect from the date on which the original copy of the notice of decision is sent to the applicant for examination and to the head of the Employment Security Office. |
| (2) | The decision shall be binding on the head of the Employment Security Office who has made the original disposition, etc. |
[This Article Added by Act No. 4826, Dec. 22, 1994]
| Article 76 (Employment Insurance Examination Committee) |
| (1) | In order to conduct the reexamination provided for by Article 74, the employment insurance examination committee (hereinafter referred to as “examination committee”) shall be established in the Ministry of Labor. |
| (2) | The examination committee shall be composed of 15 members or fewer including one or more representing each of management and labor. <Amended by Act No. 5514, Feb. 20, 1998> |
| (3) | Two of the members mentioned in paragraph (2) shall be standing members. |
| (4) | No person who falls under any of the categories in the following subparagraphs shall be appointed as member: <Amended by Act No. 4826, Dec. 22, 1994> |
| 1. | A person who has been declared incompetent, quasi-incompetent or bankrupt and has not been reinstated; and |
| 2. | A person who has been sentenced to a punishment heavier than imprisonment and for whom three years has not elapsed since completion of the sentence or the final decision not to execute it. |
| (5) | No member shall be dismissed from office against his will unless he is sentenced to punishment or it is difficult to discharge his duties due to mental breakdown or noticeable lack of ability. <Amended by Act No. 4826, Dec. 22, 1994> |
| (6) | No standing member shall join a party or participate in politics. <Added by Act No. 4826, Dec. 22, 1994> |
| (7) | The examination committee shall, upon the receipt of the request for reexamination pursuant to Article 74 (1), make an adjudication within 50 days. In this case, the provisions of the proviso of Article 75 (2) shall apply mutatis mutandis with respect to the extension of the period of adjudication. <Added by Act No. 4826, Dec. 22, 1994> |
| (8) | Matters necessary for the composition, operation and administrative organization of affairs of the examination committee shall be determined by the Presidential Decree. <Added by Act No. 4826, Dec. 22, 1994> |
| Article 76-2 (Other Party to Reexamination) |
The other party to the request for reexamination shall be the head of the Employment Security Office which has made the original disposition, etc.
[This Article Added by Act No. 4826, Dec. 22, 1994]
| (1) | The examination committee shall, upon the receipt of the request for reexamination, fix the trial date and place for the request and shall notify them to the parties and to the examiner who has tried the case 3 days in advance of the trial date. |
| (2) | Either party may state his opinion in writing or orally before the examination committee. |
| (3) | The trial for the request for reexamination shall be made public: Provided, That it may be made non-public upon the request of either or both of the parties. |
| (4) | The examination committee shall draw up a protocol of trial. |
| (5) | Either party or person concerned may make an application for inspection of the protocol of trial mentioned in paragraph (4). |
| (6) | The committee shall not, upon the application for inspection referred to in paragraph (5) by the party or person concerned, refuse it without any justifiable causes. |
| (7) | Articles 75-7 and 75-8 shall apply mutatis mutandis with respect to the trial for the request for reexamination. In this case, the references to “examiner”, “request for examination” and “applicant for examination” shall be deemed to read “examination committee”, “request for reexamination” and “applicant for reexamination”, respectively. |
[This Article Added by Act No. 4826, Dec. 22, 1994]
| Article 76-4 (Applicable Provisions) |
The provisions of Articles 75 (4) and (5), 75-3, 75-4, 75-6, 75-9, 75-10 and 75-11, shall apply mutatis mutandis with respect to the examination committee and reexamination. In this case, the references to “examiner” in Article 75 (4), “decision” in Articles 75 (4), 75-10 and 75-11, and “request for examination” in Articles 75-3, 75-6 and 75-9 shall be deemed to read “member of the examination committee”, “adjudication” and “request for reexamination”, respectively, and the references to “examiner” in Articles 75-6, 75-9 and 75-10 and “applicant for examination” in Articles 75-6,75-10 and 75-11 shall be deemed to read “examination committee” and “applicant for reexamination”, respectively. [This Article Added by Act No. 4826, Dec. 22, 1994]
| Article 76-5 (Notification) |
In the case where the head of the Employment Security Office makes an original disposition, etc., or the examiner sends an original copy of notification of decision pursuant to Article 75-10 (2), he shall inform the other party or applicant for examination whether a request for examination or reexamination can be made on the original disposition, etc., or the decision, what process, if any, it must pass through, and the period of request. [This Article Added by Act No. 4826, Dec. 22, 1994]
| Article 77 (Relation to Other Acts) |
| (2) | Matters which are not provided in this Act with respect to examination and reexamination shall be governed by the Administrative Appeals Act. [This Article Wholly Amended by Act No. 4826, Dec. 22, 1994] |
CHAPTER Ⅸ SUPPLEMENTARY PROVISIONS
| Article 78 (Prohibition of Disadvantageous Treatment) |
The business owner shall not dismiss or cause other disadvantages to the worker for reason of the request for confirmation as provided by Article 14.
| Article 79 (Extinctive Prescription) |
| (1) | The rights to receive support, subsidies, or unemployment benefits pursuant to the provisions of Chapters III through V or to receive a refund thereof or to collect premiums or other amounts due under this Act shall be extinguished by prescription in case they are not exercised for three years. <Amended by Act No. 5514, Feb. 20, 1998> |
| (2) | The extinctive prescription of the final premium under Article 61 shall start proceeding from the first day of the following insurance year (from the day after the date when the insurance relationship terminated if the insurance relationship has terminated in the course of an insurance year). |
| (3) | For the prescription under paragraph (1), the provisions of the Civil Act shall apply unless otherwise specially provided for in this Act. |
| Article 80 (Reports, etc.) |
| (1) | The Minister of Labor may, if necessary, request the insured, or the business owner who employs or employed the insured or the qualified recipient, the employment insurance association or the business owners’ association which was the employment insurance association, to submit reports or related documents, or request the presence of the persons concerned necessary for the enforcement of this Act. |
| (2) | In order to receive the unemployment benefits, those who are separated from employment may request the employment insurance association in charge of the insurance affairs entrusted to it by their previous or present business owner under Article 64 to issue necessary certificates. In this case the business owner or the employment insurance association shall issue such certificates on request. |
| (3) | The Minister of Labor may request the insured, the qualified recipient or those who request the unemployment benefits to submit reports or related documents or require their presence for the enforcement of this Act. |
| Article 81 (Investigation, etc.) |
| (1) | The Minister of Labor may, if necessary for the enforcement of this Act, have his officials question the relevant persons or investigate such documents as account books at the workplace of the business owner who employs or employed the insured or the qualified recipients, the employment insurance association or the business owners’ association which was the employment insurance association. |
| (2) | The official who conducts the investigation under paragraph (1) shall carry with him an identification card showing his status, and show it to the persons concerned. |
| Article 81-2 (Request for Materials) |
| (1) | The Minister of Labor may, if necessary for the efficient operation of employment insurance activities, request that the relevant central administrative agencies, local governments, or other public agencies submit necessary materials. |
| (2) | The person who receives a request for materials under paragraph (1) shall comply with it unless he has justifiable reasons. |
[This Article Added by Act No. 5514, Feb. 20, 1998]
| Article 82 (Order to Receive Diagnosis) |
The head of the Employment Security Office may, if necessary for the payment of unemployment benefits, order the person who falls under Article 34 (4) 1 and has obtained or intends to obtain the unemployment recognition under paragraph (2) of the same Article or the person who has received or intends to receive injury and disease benefit under Article 49 to undergo diagnosis at a medical institution designated by the Minister of Labor.
| Article 83 Deleted.<by Act No. 5453, Dec. 13, 1997> |
| Article 84 (Delegation or Entrustment of Authority) |
The Minister of Labor may delegate a part of his authority as prescribed by this Act to the head of the Employment Security Office or entrust another person with it under the conditions prescribed by the Presidential Decree.
CHAPTER Ⅹ PENAL PROVISIONS
| Article 85 (Penal Provisions) |
| (1) | Any business owner who dismisses or gives disadvantage to the workers against the provisions of Article 78 shall be punished by imprisonment for not more than three years or by a fine not exceeding 10 million won. |
| (2) | Those who receive unemployment benefits by a false or other unlawful way shall be punished by imprisonment for not more than one year or by a fine not exceeding three million won. |
| Article 86 (Fine for Negligence) |
| (1) | Any business owner, representative of the employment insurance affairs association or his agent or employees who fall under any of the categories of the following subparagraphs, shall be imposed upon them a fine for negligence not exceeding 3 million won: |
| 1. | A person who fails to make a report, or who has made a false report in contravention of Article 13; |
| 2. | A person who fails to make a report, or who has made a false report of the estimated premium under Article 60, or a report of the final premium under Article 61; |
| 3. | Deleted; <by Act No. 5226, Dec. 30, 1996> |
| 4. | A person who fails to make a report or who has made a false report or who fails to present document or who has presented a false document in contravention of Article 80 (1); |
| 5. | A person who refuses to issue a certificate under Article 80 (2); or |
| 6. | A person who fails to reply to questions or who has made a false statement, or refuses, obstructs or evades the investigation under the provisions of the same Article. |
| (2) | Any of the insured, qualified recipients, or a person who requests unpaid unemployment benefits who falls under any of the following subparagraphs, shall be imposed upon him a fine for negligence not exceeding one million won: |
| 1. | A person who fails to make a report or who has made a false report or who fails to present a document or who has presented a false document in contravention of Article 80 (3); and |
| 2. | A person who fails to reply to questions or who has made a false statement, or refuses, obstructs or evades the investigation under Article 81 (1). |
| (3) | A person who fails to reply to the question of the examiner or the examination committee examining or reexamining the request submitted under Article 74 or who has made a false reply, or who refuses, obstructs or evades the investigation of the same Article shall have imposed upon him a negligence fine not exceeding one million won. |
| (4) | The negligence fine as referred to in paragraphs (1) through (3) shall be imposed and collected by the Minister of Labor under the conditions prescribed by the Presidential Decree. |
| (5) | Any person who is dissatisfied with a disposition of the negligence fine under paragraph (4), may raise an objection against the Minister of Labor within 30 days after he is informed of the disposition. |
| (6) | If a person who is subject to a disposition of the negligence fine as referred to in paragraph (4), raises an objection under paragraph (5), the Minister of Labor shall notify this without delay to the competent court, which shall, upon receiving the notification, bring the case of the negligence fine to trial under the Procedure in the Non-Contentious Cases Litigation procedure Act. |
| (7) | If no objection is made nor negligence fine is paid in the period as referred to in paragraph (5), it shall be collected according to the example of the disposition of national taxes in arrears. |
| Article 87 (Joint Penal Provisions) |
If a representative of a juristic person or an agent, servant or other employee of a juristic or private person commits any offense as prescribed in Article 85 in relation to affairs of the juristic or private person, the fine as prescribed in the same Article shall also be imposed on the juristic or private person in addition to punishment of the offender.
ADDENDA
| (1) | (Enforcement Date) This Act shall enter into force on July 1, 1995. |
| (2) | (Transitional Measures related to Activities at the Time of This Act) Notwithstanding the provisions of Article 11, the insurance relationship between the business owner and workers (excluding the workers excluded under Article 8) in the business referred to in the main body of Article 7 at the time when this Act enters into force shall be deemed to be established on the date when this Act enters into force. |
| (3) | (Transitional Measures related to Improvement of Retirement Allowance System) The Minister of Labor shall work out plans to improve the retirement allowance system referred to in Article 28 of the Labor Standards Act according to the entry into force of this Act. |
ADDENDA<Act No. 4826, Dec. 22, 1994>
Article 1 (Enforcement Date)
This Act shall enter into force on May 1, 1995. (Proviso Omitted.)
Articles 2 through 11 Omitted.
ADDENDA<Act No. 5226, Dec. 30, 1996>
| (1) | (Enforcement Date) This Act shall enter into force on January 1, 1997: Provided, That the amended provisions to Article 10-2 shall enter into force on January 1, 1998. |
| (2) | (Transitional Measures on Persons over 65 Excluded from Application) In the case where a person who is employed in a business to which employment insurance is applicable at the time when this Act enters into force, and to whom this Act is not applicable according to the amended provisions to subparagraph 1-2 of Article 8, is separated from the business concerned and if he meets, all the requirements of the subparagraphs of Article 31 (1), he shall be paid unemployment benefits until December 31, 1997. |
| (3) | (Transitional Measures on Calculation of Basic Daily Wage for Benefit) In the case where the insured worker is separated from employment prior to entry into force of this Act, notwithstanding the amended provisions to Article 35, the basic daily wage for benefit shall be calculated in accordance with the previous provisions. |
ADDENDUM<Act No. 5399, Aug. 28, 1997>
This Act shall enter into force on the date of its promulgation.
ADDENDA<Act No. 5453, Dec. 13, 1997>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 1998. (Proviso Omitted.)
Article 2 Omitted.
ADDENDUM<Act No. 5454, Dec. 13, 1997>
This Act shall enter into force on January 1, 1998. (Proviso Omitted.)
ADDENDA<Act No. 5514, Feb. 20, 1998>
Article 1 (Enforcement Date)
This Act shall enter into force on March 1, 1998: Provided, That the amended provisions of Articles 16 (1), 22 through 26, 27, 34 (4), 42 (1) and (2), 43 (2), 46 (1), 51 (1) and 63, and the amended provisions of Articles 34 (3), 51 (3) and 53 (1) (limited to those in which “vocational training” is changed into “vocational ability development training”) shall enter into force on January 1, 1999, and the amended provisions of subparagraph 2 of Article 8 and Article 79 (1) shall enter into force on July 1, 1999. Article 2 (Transitional Measures concerning Calculation of Fixed Benefit Days)
For a person who separates from his job before this Act enters into force, the fixed benefit days shall be calculated pursuant to the previous provisions, notwithstanding the amended provisions of 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) | (Applicable Cases concerning Deferment of Payment of Job-seeking Benefits due to Receipt of Large Amount of Money or Articles) The amended provisions of Article 45-2 shall apply to a person who separates from his job after this Act enters into force. |
| (3) | (Transitional Measures concerning Calculation of Unit Period of Insurance) Notwithstanding the amended provisions of Articles 32, 35, and 36, with respect to a person who separates from his job before this Act enters into force, the unit period of insurance, the basic daily wage for benefit, and the daily job-seeking benefits amount shall be calculated in accordance with 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, and 41 (2), and the Appendix shall apply starting with persons who have lost their jobs after the date of the enforcement of this Act. Article 3 (Transitional Measures concerning Extension Payments of Training Extension Benefits)
The extended period and the amount of daily job-seeking benefits for qualified recipients under instructions to undergo the occupation capability development training, etc. prior to the enforcement of this Act shall be dealt with according to the previous provisions notwithstanding the amended provisions of Articles 42 (1) and (2) and 42-4 (2). Article 4 (Transitional Measures concerning Restrictions on Payment of Unemployment Benefits)
Any person who has received unemployment benefits or sought to receive such benefits by means of fraudulent or other unfair conduct prior to the enforcement of this Act shall be dealt with according to the previous provisions 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.