EMPLOYMENT INSURANCE ACT
Wholly Amended by Act No. 8429, May 11, 2007
Amended by Act No. 8781, Dec. 21, 2007
Act No. 8959, Mar. 21, 2008
Act No. 9315, Dec. 31, 2008
Act No. 9792, Oct. 9, 2009
Act No. 9990, Jan. 27, 2010
Act No. 9999, Feb. 4, 2010
Act No. 10337, May 31, 2010
Act No. 10338, May 31, 2010
Act No. 10339, jun. 4, 2010
Act No. 10719, May 24, 2011
Act No. 10789, jun. 7, 2011
Act No. 10895, Jul. 21, 2011
Act No. 11274, Feb. 1, 2012
Act No. 11628, Jan. 23, 2013
Act No. 11662, Mar. 22, 2013
Act No. 11864, jun. 4, 2013
Act No. 12323, Jan. 21, 2014
Act No. 13041, Jan. 20, 2015
Act No. 13805, Jan. 19, 2016
Act No. 14233, May 29, 2016
Act No. 14496, Dec. 27, 2016
Act No. 16269, Jan. 15, 2019
Act No. 16413, Apr. 30, 2019
Act No. 16415, Apr. 30, 2019
Act No. 16557, Aug. 27, 2019
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to ensure that the employment insurance system operates effectively to prevent unemployment, to promote employment, to develop and improve the vocational skills of employees, to enhance the State's vocational guidance and job placement services, to support the livelihood of unemployed employees and job seeking by providing unemployment benefits, thereby contributing to sustained economic and social development.
The definitions of the terms used in this Act shall be as follows: <Amended by Act No. 9315, Dec. 31, 2008; Act No. 9990, Jan. 27, 2010; Act No. 10339, Jun. 4, 2010; Act No. 10895, Jul. 21, 2011>
| 1. | The term "insured employee" means either of the following persons: |
| (b) | A self-employed person who is insured or deemed to be insured pursuant to Article 49-2 (1) and (2) of the Insurance Premium Collection Act (hereinafter referred to as "insured self-employed person"); |
| 2. | The term "severance from employment" means the termination of an employment relationship between an insured employee and a business owner; |
| 3. | The term "unemployment" means the state of being unemployed despite being able and willing to work; |
| 4. | The term "recognition of unemployment" means confirmation by the head of an employment security office that an unemployed person who qualifies as an eligible recipient under Article 43 is actively seeking employment; |
| 5. | The term "remuneration" means the amount calculated by subtracting money and valuables prescribed by Presidential Decree from the earned income prescribed in Article 20 of the Income Tax Act: Provided, That money and valuables prescribed and publicly announced by the Minister of Employment and Labor shall be deemed to be remuneration, among those accepted from persons other than a business owner during the period of layoff or under similar conditions; |
| 6. | The term "daily hire employee" means a person who is employed for less than one month. |
| Article 3 (Administration of Insurance) |
The Minister of Employment and Labor is responsible for the administration of employment insurance (hereinafter referred to as "insurance"). <Amended by Act No. 10339, Jun. 4, 2010>
| Article 4 (Insurance Programs) |
| (1) | To achieve the purposes prescribed in Article 1, employment insurance programs (hereinafter referred to as "insurance programs") shall be carried out for employment security and vocational skills development programs, unemployment benefits, child care leave benefits, maternity leave benefits, etc. <Amended by Act No. 11274, Feb. 1, 2012> |
| (2) | The insurance year for insurance programs coincides with the Government's fiscal year. |
| Article 5 (Fiscal Assistance) |
| (1) | The State shall appropriate funds from its general account to cover part of the annual costs of insurance programs. <Amended by Act No. 13041, Jan. 20, 2015> |
| (2) | The State may pay for the administrative and operating expenses incurred in operating insurance programs within annual budgetary limits. |
| Article 6 (Insurance Premiums) |
| (1) | The Insurance Premium Collection Act shall govern the collection of insurance premiums and other revenues to cover the costs of insurance programs incurred under this Act. |
| (2) | Revenues from insurance premiums for programs covering employment security, vocational skills development, and unemployment benefits collected pursuant to Article 13 (1) 1 of the Insurance Premium Collection Act shall be allocated to the respective programs: Provided, That the insurance premiums for programs covering unemployment benefits may be allocated to the expenses incurred to support the national pension premiums under Article 55-2 (1), to pay the child care leave benefits under Article 70 (1), to pay the benefits for reduced working hours during the period of child care under Article 73-2 (1), or to pay the maternity leave benefits, etc. under Article 75. <Amended by Act No. 11274, Feb. 1, 2012; Act No. 16269, Jan. 15, 2019> |
| (3) | Notwithstanding paragraph (2), insurance premiums for programs covering employment security, vocational skills development, and unemployment benefits collected from insured self-employed persons pursuant to Article 49-2 of the Insurance Premium Collection Act shall be allocated to pay expenses incurred to operate programs for the insured self-employed persons: Provided, That the insurance premiums for programs covering unemployment benefits may be allocated to the expenses incurred to support the national pension premiums under Article 55-2 (1) for the insured self-employed persons. <Newly Inserted by Act No. 10895, Jul. 21, 2011; Act No. 16269, Jan. 15, 2019> |
| Article 7 (The Employment Insurance Committee) |
| (1) | In order to deliberate on important matters concerning implementation of this Act and the Insurance Premium Collection Act (limited to matters related with insurance), the Employment Insurance Committee shall be established under the Ministry of Employment and Labor (hereafter referred to as the "Committee" in this Article). <Amended by Act No. 10339, Jun. 4, 2010> |
| (2) | The Committee shall deliberate on the following matters: |
| 1. | Matters concerning improvement of an insurance system and insurance programs; |
| 2. | Matters concerning the determination of insurance premium rates under the Insurance Premium Collection Act; |
| 3. | Matters concerning evaluation of insurance programs under Article 11-2; |
| 4. | Matters concerning establishment of plans for operating funds and the results thereof under Article 81; |
| 5. | Other matters the Chairperson deems it necessary to deliberate upon by the Committee in relation to an insurance system and insurance programs. |
| (3) | The Committee shall be comprised of not more than 20 members, including one Chairperson. |
| (4) | The Vice Minister of Employment and Labor shall be the Chairperson of the Committee, and its members shall be appointed or commissioned by the Minister of Employment and Labor from among the following persons in the same number, respectively: <Amended by Act No. 10339, Jun. 4, 2010> |
| 1. | Any representative of employees; |
| 2. | Any representative of employers; |
| 3. | Any representative of the public interest; |
| 4. | Any representative of the Government. |
| (5) | The Committee may establish a specialized committee under the Committee in order to review and coordinate matters to be deliberated upon in advance. |
| (6) | Composition and operation of the Committee and other necessary matters shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 9315, Dec. 31, 2008]
| Article 8 (Scope of Application) |
This Act shall apply to every business or workplace employing employees (hereinafter referred to as "employing unit"): Provided, That this Act shall not apply to types of employing units prescribed by Presidential Decree, in view of specific industry characteristics, size, or other factors.
| Article 9 (Commencement and Termination of Insurance) |
The Insurance Premium Collection Act shall govern the commencement and termination of insurance prescribed in this Act.
| Article 10 (Exclusion from Application) |
| (1) | This Act shall not apply to any of the following persons: <Amended by Act No. 8959, Mar. 21, 2008; Act No. 11530, Dec. 11, 2012; Act No. 11864, Jun. 4, 2013; Act No. 16269, Jan. 15, 2019> |
| 1. | Deleted; <by Act No. 16269, Jan. 15, 2019> |
| 2. | A person whose contractual working hours are less than the minimum number of hours prescribed by Presidential Decree; |
| 5. | Any other person prescribed by Presidential Decree. |
| (2) | Chapters IV and V shall not apply to a person who is employed at or over the age of 65 (excluding where a person who has maintained his/her insured status before the age of 65 continues to be employed at or over the age of 65), or commences a business as a self-employed person at or over the age of 65. <Newly Inserted by Act No. 16269, Jan. 15, 2019> |
| Article 10-2 (Application to Foreign Workers) |
| (1) | This Act shall apply to foreign workers to whom the Act on the Employment of Foreign Workers applies: Provided, That Chapters IV and V shall apply only where a request is made as prescribed by Ordinance of the Ministry of Employment and Labor. |
| (2) | All or part of this Act shall apply to foreign workers with exception to those falling under paragraph (1), as prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 16269, Jan. 15, 2019]
| Article 11 (Insurance-Related Survey and Research) |
| (1) | The Minister of Employment and Labor may conduct surveys and research projects to assist research on the labor market, occupations, and vocational skills development and insurance-related operations. <Amended by Act No. 10339, Jun. 4, 2010> |
| (2) | If deemed necessary, the Minister of Employment and Labor may authorize a person specified by Presidential Decree to conduct some of the activities prescribed in paragraph (1) on his/her behalf. <Amended by Act No. 10339, Jun. 4, 2010> |
| Article 11-2 (Assessment of Insurance Programs) |
| (1) | The Minister of Employment and Labor shall perform a regular and systematic assessment of insurance programs. <Amended by Act No. 10339, Jun. 4, 2010> |
| (2) | In order to ensure professionalism in assessment prescribed in paragraph (1), the Minister of Employment and Labor may request institutions prescribed by Presidential Decree to perform assessment prescribed in paragraph (1). <Amended by Act No. 10339, Jun. 4, 2010> |
| (3) | The Minister of Employment and Labor shall adjust insurance programs by reflecting the results of assessments conducted under paragraphs (1) and (2) or establish plans for operating the Fund in accordance with Article 81. <Amended by Act No. 10339, Jun. 4, 2010> |
[This Article Newly Inserted by Act No. 9315, Dec. 31, 2008]
| Article 12 (International Exchange and Cooperation) |
The Minister of Employment and Labor may operate exchange and cooperation programs in relation to insurance programs with international organizations and foreign governments or institutions. <Amended by Act No. 10339, Jun. 4, 2010>
CHAPTER II ADMINISTRATION OF INSURED EMPLOYEES
| Article 13 (Date of Acquisition of Insured Status) |
| (1) | An insured employee shall acquire insured status as of the first day of employment with an employing unit subject to this Act: Provided, That he/she shall be deemed to acquire such status on each relevant date in either of the following cases: <Amended by Act No. 10895, Jul. 21, 2011; Act No. 16269, Jan. 15, 2019> |
| 1. | Where this Act becomes applicable to an employee who has been excluded from application under Article 10 or 10-2, the date this Act becomes applicable to such employee; |
| 2. | An employee who was employed before commencement of insurance under Article 7 of the Insurance Premium Collection Act acquires insured status as of the effective date of commencement of insurance. |
| (2) | Notwithstanding paragraph (1), an insured self-employed person shall acquire his/her insured status on the date the insurance becomes effective pursuant to subparagraph 3 of Article 7 of the Insurance Premium Collection Act, which is applied mutatis mutandis pursuant to Article 49-2 (1) and (12) of the same Act. <Newly Inserted by Act No. 10895, Jul. 21, 2011> |
| Article 14 (Date of Loss of Insured Status) |
| (1) | An insured employee shall lose his/her insured status on any of the following dates: <Amended by Act No. 10895, Jul. 21, 2011; Act No. 16269, Jan. 15, 2019> |
| 1. | The date he/she becomes excluded from application under Article 10 or 10-2; |
| 2. | The date insurance is terminated under Article 10 of the Insurance Premium Collection Act; |
| 3. | The date after he/she was severed from employment; |
| 4. | The date after he/she dies. |
| (2) | Notwithstanding paragraph (1), an insured self-employed person shall lose his/her insured status on the date the insurance is terminated pursuant to subparagraphs 1 through 3 of Article 10 of the Insurance Premium Collection Act, which are applied mutatis mutandis pursuant to Article 49-2 (10) and (12) of the same Act. <Newly Inserted by Act No. 10895, Jul. 21, 2011> |
| Article 15 (Reporting, etc. on Insured Status) |
| (1) | Business owners shall report to the Minister of Employment and Labor any change in their employees' insured status, such as attainment or loss thereof, as prescribed by Presidential Decree. <Amended by Act No. 10339, Jun. 4, 2010> |
| (2) | With respect to an employee who works for a subcontractor, but whose business owner is an original contractor, as prescribed in Article 9 of the Insurance Premium Collection Act, any of the following subcontractors shall file a report pursuant to paragraph (1). In such case, the original contractor shall submit to the Minister of Employment and Labor information on the subcontractor, as prescribed by Ordinance of the Ministry of Employment and Labor: <Amended by Act No. 9999, Feb. 4, 2010; Act No. 10339, Jun. 4, 2010; Act No. 10719, May 24, 2011; Act No. 13805, Jan. 19, 2016; Act No. 16415, Apr. 30, 2019> |
| (3) | If a business owner fails to report the insured status prescribed in paragraph (1), any employee may report, as prescribed by Presidential Decree. |
| (4) | Upon receipt of a report filed under paragraphs (1) through (3), the Minister of Employment and Labor shall notify the interested persons, including the insured employee and the original contractor, of reported information, such as attainment or loss of insured status, as prescribed by Ordinance of the Ministry of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010> |
| (5) | Any business owner, original contactor, or subcontractor referred to in paragraph (1) or (2) may file a report prescribed in paragraph (1) or (2) by electronic means prescribed by Ordinance of the Ministry of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010> |
| (6) | The Minister of Employment and Labor may provide a business owner, original contractor, or subcontractor who wishes to report electronically pursuant to paragraph (5) with necessary equipment, etc., as prescribed by Ordinance of the Ministry of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010> |
| (7) | Notwithstanding paragraph (1), no insured self-employed person may file any report on the acquisition and loss of his/her insured status. <Newly Inserted by Act No. 10895, Jul. 21, 2011> |
| Article 16 (Verification of Severance from Employment) |
| (1) | When reporting an employee's loss of insured status due to his/her severance from employment, as provided for in Article 15 (1), a business owner shall prepare and submit to the Minister of Employment and Labor evidentiary documents specifying the number of days in covered employment, reason for severance from employment, and wages paid until such severance from employment (referring to wages prescribed in the Labor Standards Act; hereinafter the same shall apply), and severance pay (hereinafter referred to as "certificate of severance"): Provided, That the same shall not apply if the employee (excluding daily hire employees) who has lost insured status does not wish to apply for recognition of eligibility for benefits, as prescribed in Article 43 (1). <Amended by Act No. 9990, Jan. 27, 2010; Act No. 10339, Jun. 4, 2010> |
| (2) | Any person who has lost insured status due to his/her severance from employment is entitled to request the former business owner to provide a certificate of severance in order to apply for recognition of eligibility for unemployment benefits. Upon receipt of such request, the business owner shall provide the certificate of severance. |
| Article 16 Deleted. <by Act No. 16557, Aug. 27, 2019> |
[Enforcement Date: Aug. 28, 2020] Article 16
| Article 17 (Verification of Insured Status) |
| (1) | Any person who is or was insured is entitled to request the Minister of Employment and Labor to verify the loss or attainment of insured status at any time. <Amended by Act No. 10339, Jun. 4, 2010> |
| (2) | The Minister of Employment and Labor shall verify the loss or attainment of insured status upon receipt of such request under paragraph (1) or ex officio. <Amended by Act No. 10339, Jun. 4, 2010> |
| (3) | The Minister of Employment and Labor shall notify the interested persons, including the person who has filed the request for verification and the business owner, of the results of verification conducted under paragraph (2), as prescribed by Presidential Decree. <Amended by Act No. 10339, Jun. 4, 2010> |
| Article 18 (Limitation on Double Insurance) |
An employee who is concurrently employed by at least two covered employing units shall attain insured status with only one of those units, as prescribed by Ordinance of the Ministry of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010>
CHAPTER III EMPLOYMENT SECURITY AND VOCATIONAL SKILLS DEVELOPMENT PROGRAMS
| Article 19 (Implementation of Employment Security and Vocational Skills Development Programs) |
| (1) | The Minister of Employment and Labor shall implement programs for employment security and vocational skills development to prevent unemployment, promote employment, increase employment opportunities, provide opportunities to develop and improve vocational skills and assistance therefor, and otherwise improve employment security for the benefit of employees who are or were insured or persons who have intention to find jobs (hereinafter referred to as "insured employees, etc.") and to provide assistance for securing workforce for the benefit of business owners. <Amended by Act No. 10339, Jun. 4, 2010> |
| (2) | In implementing such programs for employment security and vocational skills development prescribed in paragraph (1), the Minister of Employment and Labor shall give priority to enterprises (hereinafter referred to as "enterprise eligible for priority support") that satisfy the standards prescribed by Presidential Decree, such as requirements for the number of employees and actions taken and outcomes achieved for employment security and vocational skills development. <Amended by Act No. 10339, Jun. 4, 2010; Act No. 16557, Aug. 27, 2019> |
| Article 20 (Assistance for Job Creation) |
The Minister of Employment and Labor may, as prescribed by Presidential Decree, provide necessary assistance to a business owner who expands employment opportunities by improving the working environment, changing work patterns, or making other efforts to create jobs. <Amended by Act No. 10339, Jun. 4, 2010>
| Article 21 (Assistance for Employment Adjustment) |
| (1) | The Minister of Employment and Labor may, as prescribed by Presidential Decree, provide necessary assistance to a business owner who finds it inevitable to adjust employment due to downsizing, closing, or conversion of his/her business following changes in business conditions or industrial structures or other similar circumstances, when he/she makes efforts to improve employment security, such as business suspension, layoff, manpower relocation, and vocational skills development training for career changes. In such cases, where the income of an employee decreases to the level prescribed by Presidential Decree following measures to improve employment security including business suspension and layoff, the Minister of Employment and Labor may provide necessary assistance to the employee, as prescribed by Presidential Decree. <Amended by Act No. 10339, Jun. 4, 2010; Act No. 11628, Jan. 23, 2013> |
| (2) | The Minister of Employment and Labor may, as prescribed by Presidential Decree, provide necessary assistance to a business owner who employs an employee who has been severed from employment due to the employment adjustment made under paragraph (1) or otherwise improves employment security for employees whose employment has become precarious. <Amended by Act No. 10339, Jun. 4, 2010> |
| (3) | In providing assistance, as prescribed in paragraph (1), the Minister of Employment and Labor may give priority to business owners or employees operating or working in an industry or area described in Article 32 of the Framework Act on Employment Policy. <Amended by Act No. 9732, Oct. 9, 2009; Act No. 10339, Jun. 4, 2010; Act No. 11628, Jan. 23, 2013> |
| Article 21 (Assistance for Employment Adjustment) |
| (1) | The Minister of Employment and Labor may, as prescribed by Presidential Decree, provide necessary assistance to a business owner who finds it inevitable to adjust employment due to downsizing, closing, or conversion of his/her business following changes in business conditions or industrial structures or other similar circumstances, when he/she makes efforts to improve employment security, such as business suspension, layoff, manpower relocation, and vocational skills development training for career changes. In such case, where the wage (referring to the wage defined in Article 2 (1) 5 of the Labor Standards Act; hereinafter the same shall apply) of an employee decreases to the level prescribed by Presidential Decree following measures to improve employment security including business suspension and layoff, the Minister of Employment and Labor may provide necessary assistance to the employee, as prescribed by Presidential Decree. <Amended by Act No. 10339, Jun. 4, 2010; Act No. 11628, Jan. 23, 2013; Act No. 16557, Aug. 27, 2019> |
| (2) | The Minister of Employment and Labor may, as prescribed by Presidential Decree, provide necessary assistance to a business owner who employs an employee who has been severed from employment due to the employment adjustment made under paragraph (1) or otherwise improves employment security for employees whose employment has become precarious. <Amended by Act No. 10339, Jun. 4, 2010> |
| (3) | In providing assistance, as prescribed in paragraph (1), the Minister of Employment and Labor may give priority to business owners or employees operating or working in an industry or area described in Article 32 of the Framework Act on Employment Policy. <Amended by Act No. 9732, Oct. 9, 2009; Act No. 10339, Jun. 4, 2010; Act No. 11628, Jan. 23, 2013> |
[Enforcement Date: Aug. 28, 2020] Article 21
| Article 22 (Promotion of Local Employment) |
The Minister of Employment and Labor may, as prescribed by Presidential Decree, provide necessary assistance to business owners who have contributed to preventing unemployment, promoting reemployment, or otherwise increasing employment opportunities by commencing their business in areas where the employment situation is significantly worse or rapidly deteriorating because of changes in industrial structures or other factors or expanding or relocating their business thereto. <Amended by Act No. 10339, Jun. 4, 2010>
| Article 23 (Assistance for Employment of Seniors, etc.) |
The Minister of Employment and Labor may, as prescribed by Presidential Decree, provide necessary assistance to business owners who hire seniors and other people who usually have particular difficulty in finding employment in the labor market (hereinafter referred to as "seniors, etc.") or take other actions to improve their employment security or to employees involved in such business owners' actions. <Amended by Act No. 10339, Jun. 4, 2010>
| Article 24 (Assistance for Employment Security of Construction Workers, etc.) |
| (1) | The Minister of Employment and Labor may, as prescribed by Presidential Decree, provide necessary assistance to business owners who operate any of the following programs for construction workers and others in precarious employment: <Amended by Act No. 10339, Jun. 4, 2010> |
| 1. | Programs to improve employment conditions; |
| 2. | Programs for employment security, such as continued employment opportunities; |
| 3. | Other programs for employment security prescribed by Presidential Decree. |
| (2) | The Minister of Employment and Labor may, as prescribed by Presidential Decree, provide assistance to a business owners' association to operate a program falling under subparagraphs of paragraph (1) if it is impractical for a single business owner to operate such program. <Amended by Act No. 10339, Jun. 4, 2010> |
| Article 25 (Employment Security and Promotion of Employment) |
| (1) | The Minister of Employment and Labor may directly operate, or provide grants or loans to those who operate, the following programs for employment security and promotion of employment for insured employees, etc.: <Amended by Act No. 10339, Jun. 4, 2010> |
| 1. | Programs to improve employment, such as employment management consulting; |
| 2. | Programs to help insured employees, etc. start a business; |
| 3. | Other programs prescribed by Presidential Decree, to ensure employment security and to promote employment of insured employees, etc. |
| (2) | Necessary matters relating to operation of, and grants or loans for, the programs prescribed in paragraph (1) shall be prescribed by Presidential Decree. |
| Article 26 (Assistance for Facilities Contributing to Promoting Employment) |
To promote and stabilize employment of insured employees, etc. and to assist business owners in securing their workforce, the Minister of Employment and Labor may, as prescribed by Presidential Decree, provide assistance to those who establish and operate consulting offices, child care centers, or other facilities for promotion of employment prescribed by Presidential Decree. <Amended by Act No. 10339, Jun. 4, 2010; Act No. 10789, Jun. 7, 2011>
| Article 26-2 (Limitation on Assistance) |
Where a business owner has received money such as subsidies or incentives referred to in other statutes or other cases prescribed by Presidential Decree, the Minister of Employment and Labor may provide grants after deducting the aforementioned money therefrom when he/she provides assistance pursuant to Articles 20 through 26. [This Article Newly Inserted by Act No. 10895, Jul. 21, 2011]
| Article 27 (Assistance to Business Owners in Vocational Skills Development Training) |
| (1) | To develop and improve the vocational skills of insured employees, etc., the Minister of Employment and Labor may, as prescribed by Presidential Decree, provide funds to business owners who provide vocational skills development training prescribed by Presidential Decree to cover expenses necessary for such training. <Amended by Act No. 10339, Jun. 4, 2010; Act No. 14496, Dec. 27, 2016> |
| (2) | The Minister of Employment and Labor may provide preferential support to business owners who provide vocational skills development training to any of the following persons pursuant to paragraph (1), as prescribed by Presidential Decree: <Newly Inserted by Act No. 14496, Dec. 27, 2016; Act No. 16413, Apr. 30, 2019> |
| 6. | Other persons prescribed by Presidential Decree. |
| Article 28 (Subsidization Criteria, etc.) |
The amount of funds awarded by the Minister of Employment and Labor to a business owner, as prescribed in Article 27 shall be determined by multiplying the sum of the premiums due for employment security and vocational skills development programs specified in the relevant year's employment insurance premium prescribed in Article 16-3 of the Insurance Premium Collection Act or the relevant year's estimated employment insurance premium prescribed in Article 17 of the same Act by a rate determined by Presidential Decree, which also sets forth fund limits. <Amended by Act No. 9990, Jan. 27, 2010; Act No. 10339, Jun. 4, 2010>
| Article 29 (Assistance for Vocational Skills Development of Insured Employees, etc.) |
| (1) | The Minister of Employment and Labor may provide funds to insured employees, etc. who participate in vocational skills development training or otherwise endeavor to develop and improve their vocational skills, to cover necessary expenses, as prescribed by Presidential Decree. <Amended by Act No. 10339, Jun. 4, 2010> |
| (2) | The Minister of Employment and Labor may, if deemed necessary, conduct vocational skills development training to promote the employment of insured employees, etc., as prescribed by Presidential Decree. <Amended by Act No. 10339, Jun. 4, 2010> |
| (3) | Where low-income insured employees, etc. prescribed by Presidential Decree receive training for vocational skills development, the Minister of Employment and Labor may extend loans to help them cover living expenses, as prescribed by Presidential Decree. <Newly Inserted by Act No. 9315, Dec. 31, 2008; Act No. 10339, Jun. 4, 2010> |
| Article 30 (Assistance for Vocational Skills Development Training Facilities) |
Insofar as the Minister of Employment and Labor determines that any assistance is necessary to develop and improve the vocational skills of insured employees, etc., the Minister of Employment and Labor may extend loans to help them cover expenses necessary for establishing and equipping vocational skills development training facilities, as prescribed by Presidential Decree and provide grants to help them cover expenses necessary for establishing, equipping, and operating such vocational skills development training facilities as the Minister determines to be eligible. <Amended by Act No. 10339, Jun. 4, 2010>
| Article 31 (Promotion of Vocational Skills Development) |
| (1) | To encourage insured employees, etc. to develop and improve their vocational skills, the Minister of Employment and Labor may operate any of the following programs, or provide grants to persons who operate such programs to help them cover the expenses incurred in carrying out such programs: <Amended by Act No. 10338, May 31, 2010; Act No. 10339, Jun. 4, 2010> |
| 1. | Programs to provide technical assistance and evaluation for vocational skills development programs; |
| 3. | Other programs prescribed by Presidential Decree. |
| (2) | The Minister of Employment and Labor may, as prescribed by Presidential Decree, entrust appropriate persons with operation of programs for vocational skills development training for occupational categories specified by the Minister of Employment and Labor if deemed necessary to develop and improve the vocational skills of the workforce and to achieve a better balance between manpower supply and demand. <Amended by Act No. 10339, Jun. 4, 2010> |
| Article 32 (Assistance for Vocational Skills Development of Construction Workers, etc.) |
| (1) | The Minister of Employment and Labor may provide grants to business owners who operate programs to develop and improve the vocational skills of construction workers and others in precarious employment, as prescribed by Presidential Decree to cover necessary expenses incurred in operating such programs. <Amended by Act No. 10339, Jun. 4, 2010> |
| (2) | The Minister of Employment and Labor may, as prescribed by Presidential Decree, provide assistance to a business owners' association to operate a vocational skills development program prescribed in paragraph (1) if it is impractical for a single business owner to operate such program. <Amended by Act No. 10339, Jun. 4, 2010> |
| Article 33 (Establishment of Resources for Information and Assistance Services) |
| (1) | The Minister of Employment and Labor may operate programs for provision of employment information about hiring, job search, training, etc. to business owners and insured employees, etc., vocational guidance such as consultation on jobs and training, job placement, establishment of resources for employment security and vocational skills development and employment of service personnel necessary therefor, and other relevant services. <Amended by Act No. 10339, Jun. 4, 2010> |
| (2) | The Minister of Employment and Labor may, if necessary, assign some of the services prescribed in paragraph (1) to private employment consultants, as provided for in Article 4-4 of the Employment Security Act. <Amended by Act No. 10339, Jun. 4, 2010> |
| Article 34 (Assistance to Local Governments, etc.) |
The Minister of Employment and Labor may provide necessary assistance to a local government or a non-profit corporation or organization prescribed by Presidential Decree for operating employment security and employment promotion programs or vocational skills development programs for insured employees, etc. in the region, as prescribed by Presidential Decree. <Amended by Act No. 10339, Jun. 4, 2010>
| Article 35 (Restriction, etc. on Assistance Due to Improper Acts) |
| (1) | With respect to a person who attempts to obtain, or has already obtained assistance provided in relation to any program for employment security and vocational skills development prescribed in this Chapter by fraud or other improper means, the Minister of Employment and Labor shall not provide the subsidies sought nor the remainder of subsidies yet to be offered, and shall restrict further assistance, as prescribed by Presidential Decree, within one year and issue an order to return the subsidies already provided by fraud or other improper means. <Amended by Act No. 9315, Dec. 31, 2008; Act No. 10339, Jun. 4, 2010; Act No. 13041, Jan. 20, 2015> |
| (2) | In issuing an order for return pursuant to paragraph (1), the Minister of Employment and Labor may charge an additional amount based on the criteria set forth by Ordinance of the Ministry of Employment and Labor, which may not exceed five times the full amount subject to return that the person has obtained by fraud or other improper means. <Amended by Act No. 9315, Dec. 31, 2008; Act No. 10339, Jun. 4, 2010> |
| (4) | The Minister of Employment and Labor may refuse to provide assistance for employment security and vocational skills development programs prescribed in this Chapter to those who are in arrears on premiums, as determined by Ordinance of the Ministry of Employment and Labor. <Amended by Act No. 9315, Dec. 31, 2008; Act No. 10339, Jun. 4, 2010; Act No. 10895, Jul. 21, 2011> |
| Article 35 (Restriction, etc. on Assistance due to Improper Acts) |
| (1) | With respect to a person who attempts to obtain, or has already obtained assistance provided in relation to any program for employment security and vocational skills development prescribed in this Chapter by fraud or other improper means, the Minister of Employment and Labor shall not provide the subsidies sought nor the remainder of subsidies yet to be offered, and shall restrict further assistance, as prescribed by Presidential Decree, within one year, and issue an order to return the subsidies already provided by fraud or other improper means. <Amended by Act No. 9315, Dec. 31, 2008; Act No. 10339, Jun. 4, 2010; Act No. 13041, Jan. 20, 2015> |
| (2) | In issuing an order for return pursuant to paragraph (1), the Minister of Employment and Labor may charge an additional amount based on the criteria set forth by Ordinance of the Ministry of Employment and Labor, which may not exceed five times the full amount subject to return that the person has obtained by fraud or other improper means. <Amended by Act No. 9315, Dec. 31, 2008; Act No. 10339, Jun. 4, 2010> |
| (3) | Where a person who obtained assistance provided in relation to a program for employment security and vocational skills development has received an erroneously paid subsidy, the Minister of Employment and Labor may order such person to return such subsidy. <Newly Inserted by Act No. 16557, Aug. 27, 2019> |
| (5) | The Minister of Employment and Labor may refuse to provide assistance for employment security and vocational skills development programs prescribed in this Chapter to those who are in arrears on premiums, as determined by Ordinance of the Ministry of Employment and Labor. <Amended by Act No. 9315, Dec. 31, 2008; Act No. 10339, Jun. 4, 2010; Act No. 10895, Jul. 21, 2011; Act No. 16557, Aug. 27, 2019> |
[Enforcement Date: Aug. 28, 2020] Article 35
| Article 36 (Vicarious Execution of Affairs) |
The Minister of Employment and Labor may, if deemed necessary, authorize any person prescribed by Presidential Decree to conduct some of the affairs prescribed in Articles 19 and 27 through 31 on his/her behalf. <Amended by Act No. 10339, Jun. 4, 2010>
CHAPTER IV UNEMPLOYMENT BENEFITS
SECTION 1 General Provisions
| Article 37 (Types of Unemployment Benefits) |
| (1) | Unemployment benefits shall be classified into job-seeking benefits and employment promotion allowances. |
| (2) | Types of employment promotion allowances are as follows: |
| 1. | Early re-employment allowance; |
| 2. | Vocational skills development allowance; |
| 3. | Long-distance job search allowance; |
| Article 37-2 (Unemployment Benefit Receipt Accounts) |
| (1) | The head of an employment security office shall, upon receipt of an application from an eligible recipient, as prescribed in Article 43, transfer the unemployment benefits to a designated account opened in the name of the eligible recipient (hereinafter referred to as “unemployment benefit receipt account”): Provided, That when it is impracticable to transfer the unemployment benefits to the unemployment benefit receipt account due to any failure in the information and communication system or other unavoidable reasons prescribed by Presidential Decree, he/she may pay the unemployment benefits in cash or in any other manner prescribed by Presidential Decree. |
| (2) | The financial institution with which an unemployment benefit receipt account is opened shall ensure that only unemployment benefits prescribed in this Act are transferred to the unemployment benefit receipt account. |
| (3) | Matters necessary for the methods and procedures for application referred to in paragraph (1) and for the management of the unemployment benefit receipt accounts referred to in paragraph (2) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 13041, Jan. 20, 2015]
| Article 38 (Protection of Benefit Rights) |
| (1) | No right to receive unemployment benefits may be transferred, seized, or pledged. <Amended by Act No. 13041, Jan. 20, 2015> |
| (2) | No right to claim deposits in the unemployment benefit receipt account designated under Article 37-2 (1), which is not more than the amount prescribed by Presidential Decree, may be seized. <Newly Inserted by Act No. 13041, Jan. 20, 2015> |
| Article 38-2 (Exemption from Public Charges) |
[This Article Newly Inserted by Act No. 11662, Mar. 22, 2013]
| Article 39 Deleted. <by Act No. 11864, Jun. 4, 2013> |
SECTION 2 Job-Seeking Benefits
| Article 40 (Eligibility Requirements for Job-Seeking Benefits) |
| (1) | Where an insured employee who has been severed from employment satisfies all of the following requirements, job-seeking benefits shall be paid to him/her: Provided, That subparagraphs 5 and 6 shall apply only to a person who has been a daily hire employee at the time of most recent severance from employment: <Amended by Act No. 16269, Jan. 15, 2019; Act No. 16557, Aug. 27, 2019> |
| 1. | The number of qualifying days in covered employment (referring to the qualifying days in covered employment prescribed in Article 41; hereinafter the same shall apply) during the base period prescribed in paragraph (2) (hereinafter referred to as "base period") shall amount to at least 180 days; |
| 2. | The insured employee is able and willing to work but is still yet to secure employment (including self-employment in a for-profit business; hereafter the same shall apply in this Chapter and Chapter V); |
| 3. | The reasons for severance from employment shall not fall under any of the disqualifying conditions set forth in Article 58; |
| 4. | The insured employee shall be actively seeking reemployment; |
| 5. | Any of the following shall be applicable to the insured employee: |
| (a) | The number of days that such insured employee has worked during the one-month period before the date of applying for recognition of eligibility for benefits under Article 43 shall be less than 10 days; |
| (b) | An insured employee shall be a daily hire employee working in the construction industry (referring to a person who is a daily hire employee and has worked, at the time of severance from employment, in the construction industry under the section classification on the Korean Standard Industrial Classification publicly notified by the Commissioner of the Statistics Korea as prescribed in Article 22 (1) of the Statistics Act; hereinafter the same shall apply) and have no record of work performed during the 14 continuous days before the date such insured employee applies for recognition of eligibility for benefits; |
| 6. | Where the insured employee has been severed from another employment due to a reason falling under the grounds for disqualification under Article 58 during the qualifying days in covered employment during the base period at the time of most recent severance from employment, the insured employee shall have worked as a daily hire employee for at least 90 days during the qualifying days in covered employment. |
| (2) | The base period shall be 18 months before the date of severance from employment, but if an insured employee falls under any of the following cases, the base period shall be the period classified as follows: <Amended by Act No. 16557, Aug. 27, 2019> |
| 1. | Where an insured employee has earned no remuneration due to illness, injury, or other grounds prescribed by Presidential Decree for 30 days during the 18 months before the date of severance from employment: A period (if the period exceeds three years, it shall be deemed three years) obtained by aggregating 18 months and the number of days in which such insured employee has not been paid remuneration due to such reason; |
| 2. | Where all of the following requirements are satisfied: 24 months before the date of severance from employment: |
| (a) | An insured employee shall have worked as a worker whose contractual working hours per week are less than 15 hours and contractual working days per week are two days or less at the time of severance from employment; |
| (b) | An insured employee shall have worked as a worker to whom item (a) is applicable for at least 90 days during the qualifying days in covered employment during the 24 months before the date of severance from employment. |
| Article 41 (Qualifying Days in Covered Employment) |
| (1) | The number of qualifying days in covered employment shall be calculated as the sum of the number of days in covered employment for which remuneration is paid: Provided, That the number of qualifying days in covered employment applicable to insured self-employed persons shall be deemed the number of qualifying days in covered employment under the proviso to Article 50 (3) and Article 50 (4). <Amended by Act No. 9990, Jan. 27, 2010; Act No. 10895, Jul. 21, 2011> |
| (2) | In calculating the number of qualifying days in covered employment, as prescribed in paragraph (1), if a person already received job-seeking benefits before the date insured status was lastly attained, the qualifying days in covered employment occurred before the date of forfeiture of the insured status related to the job-seeking benefits shall be excluded from the calculation. <Amended by Act No. 9315, Dec. 31, 2008; Act No. 9990, Jan. 27, 2010; Act No. 10895, Jul. 21, 2011> |
| Article 42 (Reporting of Unemployment) |
| (1) | Those who intend to apply for job-seeking benefits shall, upon severance from employment, report his/her unemployment, without delay, to an employment security office. |
| (2) | Reporting of unemployment done under paragraph (1) shall include application for job-seeking and recognition of eligibility for benefits prescribed in Article 43. |
| Article 42 (Reporting of Unemployment) |
| (1) | A person who intends to apply for job-seeking benefits shall, upon severance from employment, report his/her unemployment, without delay, to an employment security office. |
| (2) | Reporting of unemployment done under paragraph (1) shall include application for job-seeking and recognition of eligibility for benefits prescribed in Article 43. |
| (3) | A person who intends to report his/her unemployment to be paid job-seeking benefits pursuant to paragraph (1) may request the owner of a business in which such person was employed before severance from employment to issue data by which qualifying days in covered employment, contractual working hours per day before severance from employment, etc. are verifiable (hereinafter referred to as "severance certificate"). In such case, the business owner in receipt of such request shall issue a severance certificate as prescribed by Ordinance of the Ministry of Employment and Labor. <Newly Inserted by Act No. 16557, Aug. 27, 2019> |
[Enforcement Date: Aug. 28, 2020] Article 42
| Article 43 (Recognition of Eligibility for Benefits) |
| (1) | A person who intends to receive job-seeking benefits shall file an application for recognition that he/she is eligible for benefits under Article 40 (1) 1 through 3, 5, and 6 (hereinafter referred to as "eligibility for benefits") with the head of a relevant employment security office. <Amended by Act No. 16269, Jan. 15, 2019> |
| (2) | Upon receipt of an application for recognition of eligibility for benefits under paragraph (1), the head of an employment security office shall determine whether to recognize or deny the eligibility for benefits of the applicant and give notice of the results to the applicant, as prescribed by Presidential Decree. |
| (3) | In making a decision, as prescribed in paragraph (2), if an applicant satisfies all requirements described in the following subparagraphs, the eligibility for benefits of the applicant shall be determined with respect to the most recent employment of the applicant: Provided, That where an applicant whose most recent severance from employment was as a daily hire employee and whose number of qualifying days in covered employment is less than one month fails to satisfy those requirements for eligibility for benefits, then the applicant's eligibility for benefits shall be determined with respect to the applicant's most recent employment in which the applicant was not a daily hire employee: <Amended by Act No. 9315, Dec. 31, 2008> |
| 1. | The most recent covered employment of the applicant shall not be the only time the applicant has been in covered employment; |
| 2. | The applicant shall never have received job-seeking benefits with respect to any severance from employment, other than the most recent instance. |
| (4) | If a person who has obtained recognition of eligibility for benefits, as prescribed in paragraph (2) (hereinafter referred to as "eligible recipient"), newly obtains recognition of eligibility for benefits during a period under Article 48 or 54 (1), job-seeking benefits shall be paid on the basis of the newly recognized eligibility for benefits. |
| Article 43 (Recognition of Eligibility for Benefits) |
| (1) | A person who intends to receive job-seeking benefits shall file an application for recognition that he/she is eligible for benefits under Article 40 (1) 1 through 3, 5, and 6 (hereinafter referred to as "eligibility for benefits") with the head of a relevant employment security office. <Amended by Act No. 16269, Jan. 15, 2019> |
| (2) | Upon receipt of an application for recognition of eligibility for benefits under paragraph (1), the head of an employment security office shall determine whether to recognize or deny the eligibility for benefits of the applicant and give notice of the results to the applicant, as prescribed by Presidential Decree. |
| (3) | In making a decision, as prescribed in paragraph (2), if an applicant satisfies all requirements described in the following subparagraphs, the eligibility for benefits of the applicant shall be determined with respect to the most recent employment of the applicant: Provided, That where an applicant whose most recent severance from employment was as a daily hire employee and whose number of qualifying days in covered employment is less than one month fails to satisfy those requirements for eligibility for benefits, then the eligibility for benefits of the applicant shall be determined with respect to the most recent employment of the applicant in which the applicant was not a daily hire employee: <Amended by Act No. 9315, Dec. 31, 2008> |
| 1. | The most recent covered employment of the applicant shall not be the only time the applicant has been in covered employment; |
| 2. | The applicant shall never have received job-seeking benefits with respect to any severance from employment, other than the most recent instance. |
| (4) | If necessary to determine whether to recognize the eligibility for benefits of an applicant pursuant to paragraphs (2) and (3), the head of an employment security office may request the owner of a business to which the applicant has belonged before severance from employment to submit a severance certificate as prescribed by Ordinance of the Ministry of Employment and Labor. In such cases, the business owner in receipt of such request shall submit a severance certificate as prescribed by Ordinance of the Ministry of Employment and Labor. <Newly Inserted by Act No. 16557, Aug. 27, 2019> |
| (5) | If a person who has obtained recognition of eligibility for benefits, as prescribed in paragraph (2) (hereinafter referred to as "eligible recipient"), newly obtains recognition of eligibility for benefits during the period under Article 48 or 54 (1), job-seeking benefits shall be paid on the basis of the newly recognized eligibility for benefits. |
[Enforcement Date: Aug. 28, 2020] Article 43
| Article 44 (Recognition of Unemployment) |
| (1) | Job-seeking benefits shall be paid for days of unemployment with respect to which an eligible recipient has obtained recognition from the head of an employment security office. |
| (2) | To apply for recognition of unemployment, eligible recipients shall appear at an employment security office on the date the head of such office designates between the first and fourth week from the date of reporting of unemployment done under Article 42 (hereinafter referred to as "date of unemployment recognition") and report that they have been actively seeking reemployment, and the head of the employment security office shall recognize unemployment for each day between the day after the most recent unemployment recognition and the date of unemployment recognition, inclusive: Provided, That for any of the following persons, the methods for recognition of unemployment shall be governed by the standards prescribed by Ordinance of the Ministry of Employment and Labor: <Amended by Act No. 10339, Jun. 4, 2010> |
| 1. | An eligible recipient participating in vocational skills development training, etc.; |
| 2. | An eligible recipient who has grounds prescribed by Presidential Decree, such as the occurrence of a natural disaster or mass unemployment; |
| 3. | Other eligible recipients prescribed by Presidential Decree. |
| (3) | Notwithstanding paragraph (2), an eligible recipient in any of the following cases may obtain recognition of unemployment by submitting a certificate explaining the reason for failing to appear at an employment security office: |
| 1. | Where he/she fails to appear at the employment security office for less than seven consecutive days due to personal illness or injury; |
| 2. | Where he/she fails to appear at the employment security office due to a job interview arranged by the employment security office; |
| 3. | Where he/she fails to appear at the employment security office to participate in vocational skills development training, etc. as directed by the head of the employment security office; |
| 4. | Where he/she fails to appear at the employment security office due to a natural disaster or any other inevitable cause. |
| (4) | During the process of recognition of unemployment prescribed in paragraph (1), the head of an employment security office shall take steps to facilitate reemployment of eligible recipients, such as assistance in reemployment planning and job referral, as prescribed by Presidential Decree. In such cases, eligible recipients shall comply with such steps without good cause. |
| Article 45 (Daily Wage as Basis for Computation of Benefits) |
| (1) | The daily wage to be used as basis for computation of job-seeking benefits (hereinafter referred to as "daily wage") shall be the average wage computed as provided for in Article 2 (1) 6 of the Labor Standards Act at the time of the most recent severance from employment related to recognition of eligibility for benefits prescribed in Article 43 (1): Provided, That with respect to an employee who had attained insured status on at least two occasions in the three-month period immediately preceding the date of the most recent severance from employment, the daily wage shall be computed by dividing the total amount of wages paid to the employee during the three-month period immediately preceding the date of such most recent severance from employment (for daily hire employees, the first three months out of the last four months immediately preceding the date of the most recent severance from employment) by the total number of calendar days in that three-month period. |
| (2) | If the amount of an employee's daily wage computed as provided for in paragraph (1) is less than the amount of the standard wage applicable to the employee, as prescribed by the Labor Standards Act, then the amount of such standard wage shall be deemed the employee's daily wage: Provided, That the same shall not apply to those whose most recent severance from employment was as a daily hire employee. |
| (3) | If it is impracticable to compute an employee's daily wage in accordance with paragraphs (1) and (2) or if the amount of an employee's insurance premium has been determined on the basis of the standard remuneration under Article 3 of the Insurance Premium Collection Act (hereinafter referred to as "standard remuneration"), then the standard wage shall be deemed the employee's daily wage: Provided, That the same shall not apply if the standard remuneration of an employee, the amount of whose insurance premium has been determined on the basis of that standard remuneration is less than the daily wage computed as provided for in paragraphs (1) and (2). <Amended by Act No. 9990, Jan. 27, 2010> |
| (4) | Notwithstanding paragraphs (1) through (3), if an eligible recipient's daily wage computed in accordance with such provisions is less than the amount obtained by multiplying the number of hours worked per day prior to severance from employment by the minimum hourly wage under the Minimum Wage Act effective at the time of severance from employment (hereinafter referred to as "minimum daily wage"), then the minimum daily wage shall be deemed the eligible recipient's daily wage. In such cases, the number of hours worked per day prior to severance from employment shall be calculated in the manner prescribed by Ordinance of the Ministry of Employment and Labor. <Amended by Act No. 13041, Jan. 20, 2015> |
| (5) | Notwithstanding paragraphs (1) through (3), if an eligible recipient's daily wage computed in accordance with such provisions exceeds the amount set by Presidential Decree in view of the purposes of the insurance, prevailing wage levels, and other considerations, then the amount set by Presidential Decree shall be deemed the eligible recipient's daily wage. |
| Article 46 (Daily Amount of Job-Seeking Benefits) |
| (1) | The daily amount of job-seeking benefits shall be determined according to the following classification: <Amended by Act No. 16557, Aug. 27, 2019> |
| 1. | In cases falling under Article 45 (1) through (3), and (5), 60/100 of the eligible recipient's daily wage; |
| 2. | In cases falling under Article 45 (4), 80/100 of the eligible recipient's daily wage (hereinafter referred to as "minimum daily amount of job-seeking benefits"). |
| (2) | If an eligible recipient's daily amount of job-seeking benefits computed under paragraph (1) 1 is less than the minimum daily amount of job-seeking benefits, then the minimum daily amount of job-seeking benefits shall be the daily amount of job-seeking benefits payable to the eligible recipient. |
| Article 47 (Reporting on Employment, etc. during Period subject to Recognition of Unemployment) |
| (1) | Where an eligible recipient secures employment satisfying the criteria prescribed by Ordinance of the Ministry of Employment and Labor during the period in which he/she seeks recognition as being unemployed (hereinafter referred to as "period subject to recognition of unemployment"), he/she shall report such fact to the head of an employment security office. <Amended by Act No. 10895, Jul. 21, 2011; Act No. 16269, Jan. 15, 2019> |
| (2) | Where the head of an employment security office deems necessary, he/she may investigate an eligible recipient's employment history during the period subject to recognition of unemployment. <Amended by Act No. 10895, Jul. 21, 2011; Act No. 16269, Jan. 15, 2019> |
| Article 48 (Benefit Period and Number of Days to Receive Benefit) |
| (1) | Except as otherwise provided for in this Act, job-seeking benefits shall be payable for up to the specified number of days for which benefits are payable under Article 50 (1) during a 12-month period following the date of severance from employment to which the current eligibility for job-seeking benefits relates. |
| (2) | Those who report their unavailability for work due to pregnancy, childbirth, child care, or for other reasons prescribed by Presidential Decree to the employment security office within the 12-month period prescribed in paragraph (1) are entitled to be paid job-seeking benefits for up to the number of days of benefits payable under Article 50 (1) during a benefit period determined by adding the period during which such person is unavailable for work to the 12-month period (if the benefit period exceeds four years, it shall be four years). |
| (3) | In any of the following cases, the report prescribed in paragraph (2) shall be deemed to have been filed on the relevant first day of medical care: <Amended by Act No. 9315, Dec. 31, 2008> |
| 2. | Where a need to receive medical care for a period longer than three months due to any disease or injury resulted in severance from employment, and the act of seeking employment was impractical during which the severance from employment occurred, as confirmed by the opinion of the physician in charge clearly stating the period of medical care and the state of being sick or injured and the business owner's opinion that the severance from employment occurred for the sake of receiving medical care. |
| Article 49 (Waiting Period) |
Notwithstanding Article 44, job-seeking benefits shall not be payable for seven days regarded as waiting period beginning from the date an applicant reports on his/her unemployment pursuant to Article 42: Provided, That as for a person who is a daily hire worker in the construction industry at the time of his/her most recent severance from employment, job-seeking benefits shall be paid to him/her by calculating from the date he/she reports his/her unemployment pursuant to Article 42. <Amended by Act No. 16269, Jan. 15, 2019>
| Article 50 (Days of Benefits Payable and Period of Covered Employment) |
| (1) | The days for which job-seeking benefits are payable per eligibility for benefits (hereinafter referred to as "days of benefits payable") shall begin on the first day following the waiting period and end upon passage of the specified number of days during which benefits are payable as determined by age and period of covered employment and as set forth in attached Table 1. <Amended by Act No. 10895, Jul. 21, 2011> |
| (2) | With respect to an eligible recipient whose benefit period has been extended due to pregnancy, childbirth, child care, or any other cause set forth by Presidential Decree as provided for in Article 48 (2) within the days of benefits payable, payment of job-seeking benefits for the remaining number of days during which benefits are payable shall be deferred until the period when such recipient is unavailable for work has passed. |
| (3) | The period of covered employment shall be the period of employment with the employing unit covered at the time of severance from employment to which the current eligibility for benefits relates (excluding the period of employment as an employee excluded from application under Articles 10 and 10-2; hereafter the same shall apply in this Article): Provided, That as for insured self-employed persons, the period of covered employment shall be the period during which the employment insurance premium is actually paid during the insured period for the covered business at the time of closure of business to which the eligibility for benefits relates. <Amended by Act No. 10895, Jul. 21, 2011; Act No. 16269, Jan. 15, 2019> |
| (4) | Notwithstanding paragraph (3), in any of the following cases, a period of covered employment shall be separately computed in accordance with each applicable subparagraph: <Amended by Act No. 10895, Jul. 21, 2011> |
| 1. | Where an insured status was forfeited in the previous covered business and a new insured status is acquired in the currently covered business within three years from the date of such forfeiture: The period of covered employment in the previous covered business shall be added up: Provided, That in cases of having received job-seeking benefits due to the forfeiture of insured status in the previous covered business, the period of covered employment in the previous covered business shall be excluded; |
| 2. | Where an insured status of an insured self-employed person was forfeited in the previous covered employment and a new insured status is acquired as a self-employed person within three years from the date of such forfeiture: The period of covered employment in the previous covered business shall not be added up unless the person wants the period of covered employment to be combined: Provided, That in cases of having received job-seeking benefits due to the forfeiture of insured status in the previous covered business, the period of covered employment in the previous covered business shall be excluded. |
| (5) | With respect to any insured employee whose attainment of insured status was not reported, if the actual date of attaining the insured status in a single period of covered employment precedes the first day of January of the third year retroactively from the date described in any of the following subparagraphs, the first day of the insurance year whereto the first day of January of the third year retroactively from the date described in the relevant subparagraph belongs shall be deemed the date the insured status has been acquired, applicable to computation of the period of covered employment, notwithstanding paragraph (3): Provided, That when it is proved that the business owner has continued to pay the employment insurance premiums for the insured employee before the first day of January of the third year retroactively from the date described in any of the following subparagraphs, the period of covered employment shall be calculated based on the period for which the employment insurance premiums have been paid: <Amended by Act No. 13041, Jan. 20, 2015> |
| 1. | The date the attainment of insured status is reported under Article 15; |
| 2. | The date the attainment of insured status is verified under Article 17. |
| Article 51 (Extended Training Benefits) |
| (1) | The head of an employment security office may require an eligible recipient to participate in vocational skills development training, etc., if he/she considers it necessary for the eligible recipient's reemployment in view of age, work experience, and other considerations. |
| (2) | The head of an employment security office may pay extra job-seeking benefits to eligible recipients whom the head has required to participate in vocational skills development training etc. under paragraph (1), in addition to their specified number of days for which benefits are payable, for the period of days during which they have participated in the vocational skills development training, etc, and for which they have obtained recognition of unemployment. In such cases, the period during which the additional job-seeking benefits (hereinafter referred to as "extended training benefits") are payable shall not exceed the period prescribed by Presidential Decree. |
| (3) | Eligible trainees, training courses prescribed in paragraph (1), and other relevant matters shall be prescribed by Ordinance of the Ministry of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010> |
| Article 52 (Individual Extended Benefits) |
| (1) | The head of an employment security office may allow a person prescribed by Presidential Decree who is an eligible recipient, having particular difficulty in finding employment and living in financial hardship, to be paid extra job-seeking benefits, in addition to the specified number of days for which benefits are payable, for the period of days for which they have obtained recognition of unemployment. |
| (2) | The additional job-seeking benefits, as prescribed in paragraph (1) (hereinafter referred to as "individual extended benefits") shall be payable for a period specified by Presidential Decree not exceeding 60 days. |
| Article 53 (Special Extended Benefits) |
| (1) | Under circumstances prescribed by Presidential Decree such as a rapid rise in unemployment, the Minister of Employment and Labor may pay extra job-seeking benefits to eligible recipients, in addition to the specified number of days for which benefits are payable, for a period not exceeding 60 days for which they obtain recognition of unemployment: Provided, That the same shall not apply to a person whose income is determined to be adequate to ensure security of livelihood after severance from employment under the criteria set forth by Ordinance of the Ministry of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010> |
| (2) | Before making any additional benefits available, the Minister of Employment and Labor shall set the period during which additional job-seeking benefits under the main sentence of paragraph (1) (hereinafter referred to as "special extended benefits") are payable. <Amended by Act No. 10339, Jun. 4, 2010> |
| Article 54 (Extended Benefit Period and Daily Amount of Job-Seeking Benefits) |
| (1) | Where any extended benefits described in Articles 51 through 53 are payable, the benefit period of an eligible recipient shall be computed by adding the number of days of additional benefits payable to the regular benefit period of the eligible recipient prescribed in Article 48. |
| (2) | Where extended training benefits are paid under Article 51, the daily amount of such benefits shall be 100/100 of the relevant eligible recipient’s job-seeking benefits, and where individual extended benefits or special extended benefits are paid under Article 52 or 53, the daily amount of such benefits shall be 70/100 of the relevant eligible recipient's daily amount of job-seeking benefits. <Amended by Act No. 8959, Mar. 21, 2008> |
| (3) | If an eligible recipient's daily amount of job-seeking benefits as computed under paragraph (2) is less than the minimum daily amount of job-seeking benefits prescribed in Article 46 (2), then the minimum daily amount of job-seeking benefits shall be the daily amount of job-seeking benefits payable to the eligible recipient. |
| Article 55 (Coordination of Extended Benefit Payment) |
| (1) | Any extended benefits prescribed in Articles 51 through 53 shall be payable after regular job-seeking benefits to which an eligible recipient is entitled under Article 48 have been fully paid. |
| (2) | No individual extended benefits or special extended benefits may be payable to an eligible recipient currently receiving extended training benefits until such extended training benefits have been fully paid. |
| (3) | When extended training benefits become payable to an eligible recipient currently receiving individual extended benefits or special extended benefits, such individual extended benefits or special extended benefits shall cease to be paid to the eligible recipient. |
| (4) | No individual extended benefits shall be payable to an eligible recipient currently receiving special extended benefits until such special extended benefits have been fully paid, and no special extended benefits are payable to an eligible recipient currently receiving individual extended benefits until such individual extended benefits have been fully paid. |
| (5) | Other necessary matters required to coordinate payment of extended benefits shall be prescribed by Ordinance of the Ministry of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010> |
| Article 55-2 (Support for Pension Premiums of National Pension) |
| (1) | The Minister of Employment and Labor may provide support for part of pension premiums of national pension to a person who intends to include the period during which the job seeker's allowance is received pursuant to Article 19-2 (1) of the National Pension Act in the insured period of cover. |
| (3) | The methods of and procedures for support pursuant to paragraph (1) and the amount of support pursuant to paragraph (2), and other necessary matters shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 14233, May 29, 2016]
| Article 56 (Date and Method of Payment) |
| (1) | Job-seeking benefits shall be payable for the number of days for which recognition of unemployment has been obtained, as prescribed by Presidential Decree. |
| (2) | The head of an employment security office shall set the date for payment of job-seeking benefits for each eligible recipient and give notice of the date to him/her. |
| Article 57 (Job-Seeking Benefits Not Yet Paid) |
| (1) | Any remaining job-seeking benefits payable to a deceased eligible recipient shall be paid upon a claim duly filed by the surviving spouse (including a de facto spouse) or any dependent child, parent, grandchild, grandparent, or sibling sharing the same livelihood with the deceased eligible recipient. |
| (2) | With respect to any period of days for which a deceased eligible recipient could not obtain recognition of unemployment, the person who files a claim for the remaining benefits, as prescribed in paragraph (1) shall obtain recognition of unemployment therefor, as prescribed by Presidential Decree. In such cases, the claimant for the remaining benefits shall also report to the head of an employment security office pursuant to Article 47 (1) if the deceased eligible recipient falls under Article 47 (1). |
| (3) | Eligible claimants for the remaining benefits, as prescribed in paragraph (1) shall be given priority in the order in which they are named in that paragraph. In such cases, if two or more eligible claimants exist in the same order of priority, a claim by one of the claimants shall be considered to have been made on behalf of all of them, and payment to that claimant shall be considered to have been made for all of them. |
| Article 58 (Disqualifying Severance from Employment) |
Notwithstanding Article 40, an insured employee shall be disqualified for benefits if the head of an employment security office determines that any of the following subparagraphs applies to the insured employee: <Amended by Act No. 10339, Jun. 4, 2010> | 1. | An insured employee who has been dismissed for any of the following serious causes attributable to him/her: |
| (a) | Any violation of the Criminal Act or any duty-related Act that resulted in a sentence of imprisonment without labor or greater punishment; |
| (b) | Gross misconduct that caused serious damage to the employing unit's business or property as satisfying the criteria set forth by Ordinance of the Ministry of Employment and Labor; |
| (c) | Prolonged unauthorized absence without good cause in breach of the employment contract or work rules; |
| 2. | An insured employee whose severance from employment was due to his/her own circumstances falling under any of the following cases: |
| (a) | A resignation to take up a new job or to start one's own business; |
| (b) | A resignation following the business owner's recommendation to resign rather than face dismissal for gross misconduct prescribed in subparagraph 1; |
| (c) | A resignation for any reason other than good cause, as prescribed by Ordinance of the Ministry of Employment and Labor. |
| Article 59 Deleted. <by Act No. 13041, Jan. 20, 2015> |
| Article 60 (Suspension of Benefits for Refusing Training, etc.) |
| (1) | Payment of job-seeking benefits shall be suspended, as prescribed by Presidential Decree if an eligible recipient refuses to accept a job offered by the head of an employment security office or to participate in vocational skills development training, etc. required by the head: Provided, That the same shall not apply in any of the following cases: <Amended by Act No. 10339, Jun. 4, 2010> |
| 1. | The job offered or the occupational category to which the required vocational skills development training, etc. relates is not suitable in view of the capabilities of the eligible recipient; |
| 2. | The eligible recipient is required to, but cannot afford to, move to where the job offered is or where the vocational skills development training, etc. takes place; |
| 3. | The wage level for the job offered is at least 20/100 lower than the prevailing wage level for comparable jobs in the same occupational category or jobs requiring a similar level of skills in the area of intended employment, or the job offered is otherwise unacceptable as it fails to satisfy the criteria determined by the Minister of Employment and Labor; |
| 4. | Any other good cause exists. |
| (2) | Payment of job-seeking benefits shall be suspended, as prescribed by Presidential Decree if an eligible recipient refuses, without any good cause, to comply with the steps taken by the head of an employment security office to facilitate reemployment in accordance with the vocational guidance criteria set by the Minister of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010> |
| (3) | The head of an employment security office shall determine whether there exists any good cause prescribed in the proviso to paragraph (1) and paragraph (2) in accordance with the criteria set by the Minister of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010> |
| (4) | The Minister of Employment and Labor shall determine and publicly announce the period of suspension of job-seeking benefits, as prescribed in paragraphs (1) and (2), not exceeding one month. <Amended by Act No. 10339, Jun. 4, 2010> |
| Article 61 (Denial of Benefits Due to Improper Acts) |
| (1) | Any person who has received, or attempted to receive, unemployment benefits by fraud or other improper means shall be denied job-seeking benefits from the date when such person received, or attempted to receive, unemployment benefits: Provided, That the same shall not apply to subsequent eligibility for job-seeking benefits that may be approved after the severance from employment related to the denied benefits. |
| (2) | Notwithstanding the main sentence of paragraph (1), if fraud or other improper means constitute grounds prescribed by Presidential Decree, such as filing a false report or failing to file a report pursuant to Article 47 (1), job-seeking benefits shall be denied only for the relevant period subject to recognition of unemployment: Provided, That if such violations are committed on two or more occasions, the main sentence of paragraph (1) shall apply. |
| (3) | Where a person has received, or attempted to receive, unemployment benefits by fraud or other improper means are denied job-seeking benefits, as prescribed in paragraph (1) or (2), such person shall be considered to have received such job-seeking benefits for the purposes of applying Article 50 (3) and (4) thereto. |
| (4) | Where a person has received, or attempted to receive, unemployment benefits by fraud or other improper means are denied job-seeking benefits, as prescribed in paragraph (1) or (2), such person shall be considered to have received job-seeking benefits, including for the days for which benefits have been denied for the purposes of applying Article 63 (2) thereto. |
| Article 61 (Denial of Benefits due to Improper Acts) |
| (1) | Any person who has received, or attempted to receive, unemployment benefits by fraud or other improper means shall be denied job-seeking benefits from the date such person received, or attempted to receive, unemployment benefits: Provided, That the same shall not apply to subsequent eligibility for job-seeking benefits that may be approved after the severance from employment related to the denied benefits. |
| (2) | Notwithstanding the main sentence of paragraph (1), if fraud or other improper means constitute grounds prescribed by Presidential Decree, such as filing a false report or failing to file a report pursuant to Article 47 (1), job-seeking benefits shall be denied only for the relevant period subject to recognition of unemployment: Provided, That if such violations are committed on two or more occasions, the main sentence of paragraph (1) shall apply. |
| (3) | Where a person has received, or attempted to receive, unemployment benefits by fraud or other improper means are denied job-seeking benefits, as prescribed in paragraph (1) or (2), such person shall be deemed to have received such job-seeking benefits for the purposes of applying Article 50 (3) and (4) thereto. |
| (4) | Where a person has received, or attempted to receive, unemployment benefits by fraud or other improper means are denied job-seeking benefits, as prescribed in paragraph (1) or (2), such shall be deemed to have received job-seeking benefits, including for the days for which benefits have been denied for the purposes of applying Article 63 (2) thereto. |
| (5) | Notwithstanding the proviso of paragraph (1), where a person who has received or attempted to receive job-seeking benefits by fraud or other improper means had failed to receive job-seeking benefits three or more times pursuant to the main sentence of paragraph (1) during 10 years calculated retroactively from the date such person received the job-seeking benefits or from the date he/she filed a report on the recognition of unemployment under Article 44, job-seeking benefits based on the new eligibility shall not be paid to him/her for up to three years from the date he/she received job-seeking benefits or from the date he/she filed a report on the recognition of unemployment by fraud or other improper means, as prescribed by Presidential Decree. <Newly Inserted by Act No. 16557, Aug. 27, 2019> |
[Enforcement Date: Aug. 28, 2020] Article 61
| Article 62 (Order to Recover Improperly or Erroneously Paid Benefits, etc.) |
| (1) | The head of an employment security office may order a person who has received job-seeking benefits by fraud or other improper means to repay all or part of the benefits paid, and he/she may, as prescribed by Ordinance of the Ministry of Employment and Labor, charge an additional amount not exceeding the full amount subject to repayment that such person has received by fraud or other improper means. <Amended by Act No. 10339, Jun. 4, 2010> |
| (2) | If fraud or other improper means referred to in paragraph (1) involve any false report or certification by a business owner (including an agent or employee of, or any other person employed by the business owner), the business owner shall be jointly and severally liable with the eligible recipient of the improperly paid job-seeking benefits. |
| (3) | The head of an employment security office may recover the amount of job-seeking benefits erroneously paid to a current or former eligible recipient. |
| Article 62 (Order to Return Job-Seeking Benefits, etc.) |
| (1) | The head of an employment security office may order a person who has received job-seeking benefits by fraud or other improper means to return all or part of the benefits as prescribed by Ordinance of the Ministry of Employment and Labor. |
| (2) | Where the head of an employment security office orders a person to return job-seeking benefits pursuant to paragraph (1), the head may, as prescribed by Ordinance of the Ministry of Employment and Labor, collect from the person an additional amount not exceeding two times the job-seeking benefits that the person has received by fraud or other improper means: Provided, That where the person has received the job-seeking benefits by fraud or other improper means by conspiring (referring to where a reason imputable to the business owner, such as a wrong declaration, report, certification, etc. by the business owner, is included in a fraud or other improper means; hereinafter the same shall apply) with the business owner (including a representative or employee of the business owner and a person who performs an act for the business owner; hereafter the same shall apply in this Article and Article 116 (1)), the head of the employment security office may collect from the person an additional amount not exceeding five times the job-seeking benefits that the person has received by fraud or other improper means. |
| (3) | Where a person who has received job-seeking benefits by fraud or other improper means conspired with the business owner, the business owner shall be jointly and severally liable with the person who has received the job-seeking benefits for the matters under paragraphs (1) and (2). |
| (4) | If a person who is or was eligible for job-seeking benefits has been erroneously paid job-seeking benefits, the head of an employment security office may order the person to return the job-seeking benefits. |
| (5) | Where a person who is to return job-seeking benefits or to pay an additional amount to be collected pursuant to paragraph (1), (2), or (4) is eligible for other job-seeking benefits under this Act, the head of an employment security office may allocate such job-seeking benefits to the amount to be returned or the additional amount to be collected pursuant to paragraph (1), (2), or (4), as prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 16557, Aug. 27, 2019]
[Enforcement Date: Aug. 28, 2020] Article 62
| Article 63 (Special Cases for Sickness Benefits, etc.) |
| (1) | Notwithstanding Article 44 (1), with respect to any days for which recognition of unemployment could not be obtained by an eligible recipient who has become temporarily unemployable due to illness, injury, or childbirth after reporting unemployment under Article 42, an amount equivalent to the eligible recipient's daily amount of job-seeking benefits prescribed in Article 46 (hereinafter referred to as "sickness benefits") may be paid upon request from the eligible recipient in lieu of job-seeking benefits: Provided, That no sickness benefits shall be paid for the period during which payment of job-seeking benefits is suspended under Article 60 (1) and (2). |
| (2) | The maximum number of days of sickness benefits payable to an eligible recipient shall be the eligible recipient's specified number of days of job-seeking benefits payable, less the number of days for which job-seeking benefits, in relation to the benefits for which the recipient is currently eligible, have already been paid. In such case, when applying the provisions of this Act (excluding Articles 61 and 62) to a recipient of sickness benefits paid, the amount of sickness benefits paid shall count toward the amount of job-seeking benefits paid. |
| (3) | Sickness benefits prescribed in paragraph (1) shall be paid on the date when job-seeking benefits are to be paid for the first time after the recipient has become employable (in the absence of such date, a date determined by the head of an employment security office): Provided, That if deemed necessary, such sickness benefits may be payable, as separately determined by the Minister of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010> |
| (5) | Articles 47, 49, 57, 61 (1) through (3), and 62 shall apply mutatis mutandis to the payment of sickness benefits. In such case, "period subject to recognition of unemployment" in Article 47 shall be construed as "days for which recognition of unemployment is not obtained". |
| Article 63 (Special Cases for Sickness Benefits, etc.) |
| (1) | Notwithstanding Article 44 (1), with respect to any days for which recognition of unemployment could not be obtained by an eligible recipient who has become temporarily unemployable due to illness, injury, or childbirth after reporting unemployment under Article 42, an amount equivalent to the eligible recipient's daily amount of job-seeking benefits prescribed in Article 46 (hereinafter referred to as "sickness benefits") may be paid upon request from the eligible recipient in lieu of job-seeking benefits: Provided, That no sickness benefits shall be paid for the period during which payment of job-seeking benefits is suspended under Article 60 (1) and (2). |
| (2) | The maximum number of days of sickness benefits payable to an eligible recipient shall be the eligible recipient's specified number of days of job-seeking benefits payable, less the number of days for which job-seeking benefits, in relation to the benefits for which the recipient is currently eligible, have already been paid. In such case, when applying the provisions of this Act (excluding Articles 61 and 62) to a recipient of sickness benefits paid, the amount of sickness benefits paid shall count toward the amount of job-seeking benefits paid. |
| (3) | Sickness benefits prescribed in paragraph (1) shall be paid on the date when job-seeking benefits are to be paid for the first time after the recipient has become employable (in the absence of such date, a date determined by the head of an employment security office): Provided, That if deemed necessary, such sickness benefits may be payable, as separately determined by the Minister of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010> |
| (5) | Articles 47, 49, 57, 61 (excluding paragraph (4)), and 62 shall apply mutatis mutandis to the payment of sickness benefits. In such case, "period subject to recognition of unemployment" shall be construed as "days for which recognition of unemployment is not obtained", and "job-seeking benefits" as "sickness benefits". <Amended by Act No. 16557, Aug. 27, 2019> |
[Enforcement Date: Aug. 28, 2020] Article 63
SECTION 3 Employment Promotion Allowances
| Article 64 (Early Re-Employment Allowances) |
| (2) | Notwithstanding paragraph (1), early re-employment allowances shall not be payable to an eligible recipient who received early re-employment allowances for a period prescribed by Presidential Decree preceding the date he/she secures a stable job or commences his/her own for-profit business. |
| (3) | The amount of early re-employment allowances shall be computed in proportion to the remaining number of days of job-seeking benefits payable in accordance with the criteria prescribed by Presidential Decree. |
| (4) | When applying the provisions of this Act (excluding Articles 61 and 62) to a recipient of early re-employment allowances, job-seeking benefits for the number of days calculated by dividing the amount of the early re-employment allowances paid by the daily amount of job-seeking benefits prescribed in Article 46 are deemed to have been paid. |
| (5) | Anyone who hires an eligible recipient shall be qualified for incentives, as prescribed by Presidential Decree, for contributing to early reemployment and thus reducing the payment period of job-seeking benefits. |
| Article 65 (Vocational Skill Development Allowances) |
| (1) | Vocational skill development allowances shall be payable to an eligible recipient who participates in vocational skills development training, etc. required by the head of an employment security office for the period of such training, etc. |
| (2) | Notwithstanding paragraph (1), vocational skill development allowances shall not be payable during a period of suspension of job-seeking benefits, as prescribed in Article 60 (1) and (2). |
| (3) | Necessary matters relating to the requirements for and amount of vocational skill development allowances shall be prescribed by Presidential Decree. In such cases, the Minister of Employment and Labor may otherwise provide, by public notice, the amount of allowances for vocational skills development pertaining to a specific occupational category, as determined necessary in light of current skills needs. <Amended by Act No. 10339, Jun. 4, 2010> |
| Article 66 (Long-Distance Job Search Allowances) |
| (1) | Long-distance job search allowances shall be payable, as deemed necessary by the head of an employment security office under the criteria set by Presidential Decree, to an eligible recipient who conducts a long-distance job search in accordance with guidance by the employment security office. |
| (2) | Long-distance job search allowances shall be for reimbursing an eligible recipient for expenses reasonably incurred in conducting such job search under paragraph (1), and the amount shall be computed as prescribed by Ordinance of the Ministry of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010> |
| Article 67 (Relocation Allowances) |
| (1) | Relocation allowances may be paid, if deemed necessary by the head of an employment security office under the criteria set by Presidential Decree, to an eligible recipient who is required to relocate to take up a job or participate in vocational skills development training, etc. required by the head of the employment security office. |
| (2) | Relocation allowances shall be for reimbursing reasonable relocation expenses for an eligible recipient and his/her dependent relatives living together to relocate, and the amount shall be computed, as prescribed by Ordinance of the Ministry of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010> |
| Article 68 (Restriction on Payment of Employment Promotion Allowances) |
| (1) | Those who have received, or attempted to receive, unemployment benefits by fraud or other improper means shall be denied employment promotion allowances from the date when they received, or attempted to receive, such unemployment benefits: Provided, That the same shall not apply to any subsequent eligibility for benefits that may be approved after the severance from employment relevant to such improper claim. |
| (2) | Notwithstanding the main sentence of paragraph (1), if fraud or other improper means constitute grounds prescribed by Presidential Decree, such as filing a false report or failing to file a report pursuant to Article 47 (1), employment promotion allowances shall not be denied: Provided, That if such violations are committed on at least two occasions, the main sentence of paragraph (1) shall govern. |
| (3) | Even if those who have received, or attempted to receive, unemployment benefits by fraud or other improper means are denied employment promotion allowances, as prescribed in paragraph (1) or (2) and thus denied early re-employment allowances, they shall be considered to have received the denied early re-employment allowances for the purposes of applying Article 64 (4) thereto. |
| Article 69 (Application Mutatis Mutandis) |
Articles 57 (1) and (3) and 62 apply mutatis mutandis to employment promotion allowances. In such cases, "eligible recipients" prescribed in Article 57 (1) shall be construed as "persons qualifying for employment promotion allowances"
| Article 69 (Application Mutatis Mutandis) |
Articles 57 (1) and (3) and 62 shall apply mutatis mutandis to employment promotion allowances. In such case, "eligible recipients" shall be construed as "persons qualifying for employment promotion allowances", and "job-seeking benefits" as "employment promotion allowances". <Amended by Act No. 16557, Aug. 27, 2019> [Enforcement Date: Aug. 28, 2020] Article 69
SECTION 4 Special Cases concerning Application of Unemployment Benefits for Insured Self-Employed Persons
| Article 69-2 (Types of Unemployment Benefits for Insured Self-Employed Persons) |
Types of unemployment benefits for insured self-employed persons shall be as provided for in Article 37: Provided, That the extended benefits prescribed in Articles 51 through 55 and the early re-employment allowances prescribed in Article 64 shall be excluded therefrom. [This Article Newly Inserted by Act No. 10895, Jul. 21, 2011]
| Article 69-3 (Eligibility Requirements for Job-Seeking Benefits) |
Job-seeking benefits shall be payable where an insured self-employed person who has closed his/her business satisfies all the following requirements:
| 1. | That the qualifying days in covered employment as an insured self-employed person shall be at least one year in total during the 24-month period up to the date of his/her business closure, pursuant to the proviso to paragraph (1) of Article 41; |
| 2. | That an insured self-employed person shall remain unemployed despite his/her intention to work and capability; |
| 3. | That the reasons for business closure shall not fall under any of the disqualifying conditions set forth in Article 69-7; |
| 4. | That an insured self-employed person shall be actively engaged in seeking re-employment. |
[This Article Newly Inserted by Act No. 10895, Jul. 21, 2011]
| Article 69-4 (Daily Wage) |
| (1) | The daily wage applicable to an eligible recipient who was an insured self-employed person shall be computed by dividing the aggregated amount of remuneration, which is publicly announced under Article 49-2 (3) of the Insurance Premium Collection Act and which forms the basis for computing the insurance premium paid by the eligible recipient during the period pursuant to the classification made under each of the following subparagraphs, by the total number of calendar days in such applicable period: |
| 1. | Where the insured period related to the eligibility for benefits is not less than three years: The insured period of three years before the last date of business closure; |
| 2. | Where the insured period related to the eligibility for benefits is less than three years: The insured period related to the eligibility for benefits. |
| (2) | Notwithstanding paragraph (1), where the specified number of days for which benefits are payable under Article 69-6 is increased as a result of the insured period under Article 50 (4) added up by an eligible recipient who used to be an insured self-employed person, the daily wage for the increased specified number of days shall be the daily wage computed pursuant to paragraph (1), and if the daily wage falls under any of the following subparagraphs it shall be the amount prescribed in each of the following applicable subparagraphs: |
| 1. | Where the daily wage fails to reach the minimum daily wage, the minimum daily wage; |
| 2. | Where the daily wage exceeds the amount prescribed by Presidential Decree pursuant to Article 45 (5), the amount prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 10895, Jul. 21, 2011]
| Article 69-5 (Daily Amount of Job-Seeking Benefits) |
The daily amount of job-seeking benefits for an eligible recipient who has closed his/her business as an insured self-employed person shall be the amount computed by multiplying the eligible recipient's daily wage by 60/100. <Amended by Act No. 16557, Aug. 27, 2019>
[This Article Newly Inserted by Act No. 10895, Jul. 21, 2011]
| Article 69-6 (Specified Number of Days for which Benefits are Payable) |
The specified number of days for which benefits are payable for an eligible recipient who has closed his/her business as an insured self-employed person shall be the number of days counting from the day immediately following the day when the waiting period prescribed in Article 49 is finished until the day satisfying the number of days prescribed in attached Table 2 in accordance with the insured period. [This Article Newly Inserted by Act No. 10895, Jul. 21, 2011]
| Article 69-7 (Limitation on Eligibility for Benefits Depending on Reasons for Business Closure) |
Notwithstanding Article 69-3, where the head of an employment security office deems that an insured self-employed person who has closed his/her business falls under any of the following subparagraphs, the insured self-employed person shall be deemed lacking the eligibility for benefits: | 1. | Where the insured self-employed person has closed his/her business after his/her business permit is cancelled or suspended in violation of statutes; |
| 2. | Where the insured self-employed person has closed his/her business due to any of his/her gross misconducts prescribed by Ordinance of the Ministry of Employment and Labor, such as arson; |
| 3. | Where the insured self-employed person has closed his/her business in order to change his/her job or to start another self-employed business, not for the grounds prescribed by Ordinance of the Ministry of Employment and Labor, such as a sharp drop in the amount of sales; |
| 4. | Where the insured self-employed person has closed his/her business for a reason that does not constitute the good causes prescribed by Ordinance of the Ministry of Employment and Labor. |
[This Article Newly Inserted by Act No. 10895, Jul. 21, 2011]
| Article 69-8 (Limitation on Payment of Unemployment Benefits for Insured Self-Employed Persons) |
With respect to the person who has defaulted on the insurance premium, the Minister of Employment and Labor may refuse to pay the unemployment benefits referred to in this Chapter, as prescribed by Ordinance of the Ministry of Employment and Labor.
[This Article Newly Inserted by Act No. 10895, Jul. 21, 2011]
| Article 69-9 (Application Mutatis Mutandis) |
| (1) | Articles 38, 42 through 44, 47 through 49, 56, 57, 60 through 63, and 65 through 68 shall apply mutatis mutandis to unemployment benefits for an insured self-employed person. In such cases, "severance from employment" prescribed in Articles 42 (1) and 43 (3) shall be construed as "business closure", "Article 40 (1) 1 through 3, 5 and 6" prescribed in Article 43 (1) as "Article 69-3", "Article 46" prescribed in Article 63 (1) as "Article 69-5", and "Article 50 (1)" prescribed in Article 48 (1) as "Article 69-6". <Amended by Act No. 11864, Jun. 4, 2013> |
| (2) | Articles 57 (1) and (3) and 62 shall apply mutatis mutandis to employment promotion allowances for an insured self-employed person (excluding early re-employment allowances). In such cases, "eligible recipient" prescribed in Article 57 (1) shall be construed as "a person entitled to receive the employment promotion allowances". |
[This Article Newly Inserted by Act No. 10895, Jul. 21, 2011]
CHAPTER V CHILD CARE LEAVE BENEFITS, ETC.
SECTION 1 Child Care Leave Benefits and Benefits for Reduced Working Hours during Period of Child Care
| Article 70 (Child Care Leave Benefits) |
| (1) | The Minister of Employment and Labor shall pay child care leave benefits to an insured employee whose qualifying days in covered employment under Article 41 before the date child care leave begins amount to at least 180 days from among such insured employees who have been granted child care leave under Article 19 of the Equal Employment Opportunity and Work-Family Balance Assistance Act for at least 30 days (excluding the period overlapping with the period of maternity leave prescribed in Article 74 of the Labor Standards Act): <Amended by Act No. 8781, Dec. 21, 2007; Act No. 10337, Jun. 4, 2010; Act No. 10895, Jul. 21, 2011; Act No. 11274, Feb. 1, 2012; Act No. 12323, Jan. 21, 2014; Act No. 16557, Aug. 27, 2019> |
| 1. | and 2. Deleted; <by Act No. 16557, Aug. 27, 2019> |
| 3. | Deleted. <by Act No. 10895, Jul. 21, 2011> |
| (2) | A person who intends to receive child care leave benefits pursuant to paragraph (1) shall apply for child care leave benefits between one month from the date such child care leave begins and 12 months after the date such leave ends: Provided, That those who fail to apply for child care leave benefits during the aforementioned period due to any of the grounds prescribed by Presidential Decree shall file an application therefor within 30 days after the relevant ground ceases to exist. <Newly Inserted by Act No. 10895, Jul. 21, 2011> |
| (3) | Where an insured person applies for child care leave benefits pursuant to paragraph (2) and such person has been severed from employment or has secured employment satisfying the criteria prescribed by Ordinance of the Ministry of Employment and Labor during the period of child care leave, such fact shall be specified in the application. <Newly Inserted by Act No. 16269, Jan. 15, 2019> |
| (4) | The amount of child care leave benefits referred to in paragraph (1) shall be prescribed by Presidential Decree. <Amended by Act No. 10895, Jul. 21, 2011> |
| (5) | Necessary matters relating to application for and payment of child care leave benefits shall be prescribed by Ordinance of the Ministry of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010; Act No. 10895, Jul. 21, 2011> |
| Article 71 (Verification of Child Care Leave) |
Where an insured employee applies for child care leave benefits prescribed in Article 70, the business owner shall fully cooperate in verification of facts and any other procedures, as prescribed by Ordinance of the Ministry of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010>
| Article 72 Deleted. <by Act No. 16269, Jan. 15, 2019> |
| Article 73 (Limitations on Payment of Child Care Leave Benefits, etc.) |
| (1) | Where an insured employee is severed from employment during the period of child care leave, no child care leave benefits shall be paid to him/her from the time of severance from employment. <Amended by Act No. 16269, Jan. 15, 2019> |
| (2) | Where an insured person secures employment under Article 70 (3) during the period of child care leave, no child care leave benefits shall be paid to him/her during the period of such employment. <Newly Inserted by Act No. 16269, Jan. 15, 2019> |
| (3) | Where an insured employee receives any money and valuables for child care leave from the business owner, the amount of child care leave benefits may be reduced, as prescribed by Presidential Decree. |
| (4) | Where an insured employee has received, or attempted to receive, child care leave benefits by fraud or other improper means shall be denied child care leave benefits from the date such insured employee has received, or attempted to receive, such benefits: Provided, That the same shall not apply to subsequent eligibility for child care leave benefits that may be approved after the child care leave relevant to such improper claim. <Amended by Act No. 16269, Jan. 15, 2019> |
| (5) | Notwithstanding the main sentence of paragraph (4), where a person has received or attempted to receive child care leave benefits by not specifying the fact that he/she has secured employment during the period of child care leave or by fraudulently specifying such fact in violation of Article 70 (3), the scope of child care leave benefits may be set differently in consideration of the number of violations, etc., of which payment is limited as prescribed by Ordinance of the Ministry of Employment and Labor. <Newly Inserted by Act No. 16269, Jan. 15, 2019> |
| Article 73-2 (Benefits for Reduced Working Hours during Child Care Period) |
| (1) | The Minister of Employment and Labor shall pay benefits for reduced working hours during the period of child care to an insured employee whose qualifying days in covered employment under Article 41 before the date on which the reduction of working hours during the period of child care begins amount to at least 180 days from among the insured employees who have implemented reduction of working hours during the period of child care under Article 19-2 of the Equal Employment Opportunity and Work-Family Balance Assistance Act (hereinafter referred to as "reduction of working hours during the period of child care") for at least 30 days (excluding the period overlapping with the period of maternity leave under Article 74 of the Labor Standards Act): <Amended by Act No. 11274, Feb. 1, 2012; Act No. 12323, Jan. 21, 2014; Act No. 16557, Aug. 27, 2019> |
| 1. | and 2. Deleted. <by Act No. 16557, Aug. 27, 2019> |
| (2) | A person who intends to receive the payment of benefits for reduced working hours during the period of child care prescribed in paragraph (1) shall apply for such benefits between one month after the beginning date of the reduction of working hours and 12 months after the end date of such reduction: Provided, That those who fail to apply for the benefits for reduced working hours during the aforementioned application period due to any of the grounds prescribed by Presidential Decree shall file an application within 30 days after the relevant ground ceases to exist. |
| (3) | The amount of benefits for reduced working hours during the period of child care referred to in paragraph (1) shall be prescribed by Presidential Decree. |
| (4) | Necessary matters related to application for and payment of the benefits for reduced working hours during the period of child care shall be prescribed by Ordinance of the Ministry of Employment and Labor. |
[This Article Newly Inserted by Act No. 10895, Jul. 21, 2011]
| Article 74 (Application Mutatis Mutandis) |
| (1) | Article 62 shall apply mutatis mutandis to child care leave benefits. In such cases, "job-seeking benefits" shall be construed as "child care leave benefits". <Amended by Act No. 10895, Jul. 21, 2011> |
| (2) | Articles 62 and 71 through 73 shall apply mutatis mutandis to benefits for reduced working hours during the period of child care. In such cases, "job-seeking benefits" prescribed in Article 62 shall be construed as "benefits for reduction of working hours during the period of child care", and "child care leave" prescribed in Articles 71 through 73 as "reduction of working hours during the period of child care". <Newly Inserted by Act No. 10895, Jul. 21, 2011> |
SECTION 2 Maternity Leave Benefits, etc.
| Article 75 (Maternity Leave Benefits, etc.) |
Where an insured employee is granted a maternity leave, or a miscarriage or stillbirth leave under Article 74 of the Labor Standards Act, or a paternity leave under Article 18-2 of the Equal Employment Opportunity and Work-Family Balance Assistance Act, and satisfies all of the following requirements, the Minister of Employment and Labor shall pay him/her maternity leave benefits, etc. (hereinafter referred to as "maternity leave benefits, etc.") pursuant to Article 18 of the Equal Employment Opportunity and Work-Family Balance Assistance Act: <Amended by Act No. 8781, Dec. 21, 2007; Act No. 10339, Jun. 4, 2010; Act No. 11274, Feb. 1, 2012; Act No. 12323, Jan. 21, 2014; Act No. 16557, Aug. 27, 2019> | 1. | The insured employee's qualifying days in covered employment prescribed in Article 41 as at the end date of such leave shall amount to at least 180 days; |
| 2. | The insured employee shall apply for maternity leave benefits, etc. between one month after the beginning date [where the workplace to which the insured employee who is granted a maternity leave, or a miscarriage or stillbirth leave belongs is not eligible for priority support, the date on which 60 days (75 days for a woman pregnant with two or more babies at the same time) lapse after the actual beginning date of the leave shall be deemed the beginning date of such leave] of such leave and 12 months after the ending date of such leave: Provided, That those who fail to apply for maternity leave benefits, etc. during that period due to any of the grounds prescribed by Presidential Decree shall file an application within 30 days after the relevant ground ceases to exist. |
| Article 75-2 (Subrogation of Rights to Maternity Leave Benefits, etc.) |
Where a business owner has paid an employee money and valuables corresponding to maternity leave benefits, etc. in advance for the same reasons as the payment of such benefits and such money and valuables are deemed to have been paid in lieu of maternity leave benefits, etc., the business owner shall subrogate the employee's right to maternity leave benefits, etc. with respect to the amount paid (not in excess of the limit under Article 76 (2). <Amended by Act No. 11274, Feb. 1, 2012> [This Article Newly Inserted by Act No. 9315, Dec. 31, 2008]
| Article 76 (Payment Period, etc.) |
| (1) | Maternity leave benefits, etc. prescribed in Article 75 shall be paid in an amount equal to the ordinary wage of the insured employee prescribed in the Labor Standards Act (to be computed as of the beginning date of the leave) for the following periods of leaves: <Amended by Act No. 11274, Feb. 1, 2012; Act No. 12323, Jan. 21, 2014; Act No. 16557, Aug. 27, 2019> |
| 1. | The period of a maternity leave, or a miscarriage or stillbirth leave prescribed in Article 74 of the Labor Standards Act: Provided, That where the enterprise is not eligible for priority support, such period shall be limited to the number of days (the period shall be limited to 30 days; but for a woman pregnant with two or more babies at the same time, such period shall be limited to 45 days) exceeding 60 days (75 days for a woman pregnant with two or more babies at the same time) during the period of such leave; |
| (2) | A minimum and maximum amount of maternity leave benefits, etc. payable under paragraph (1) may be set, as prescribed by Presidential Decree. <Amended by Act No. 11274, Feb. 1, 2012> |
| (3) | Necessary matters relating to application for, and payment of, maternity leave benefits, etc. referred to in paragraphs (1) and (2) shall be prescribed by Ordinance of the Ministry of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010; Act No. 11274, Feb. 1, 2012> |
| Article 77 (Application Mutatis Mutandis) |
Articles 62 and 71 through 73 shall apply mutatis mutandis to maternity leave benefits, etc. In such case, "job-seeking benefits" in Article 62 shall be construed as "maternity leave benefits, etc.", and "child care leave" in Articles 71 through 73 as "maternity leave, miscarriage or stillbirth leave, or paternity leave", respectively. <Amended by Act No. 11274, Feb. 1, 2012; Act No. 16557, Aug. 27, 2019>
CHAPTER VI EMPLOYMENT INSURANCE FUND
| Article 78 (Establishment of Fund and Fund-Raising) |
| (1) | The Minister of Employment and Labor shall establish the Employment Insurance Fund (hereinafter referred to as the "Fund") to finance insurance programs. <Amended by Act No. 10339, Jun. 4, 2010> |
| (2) | The Fund shall consist of insurance premiums and payments collected under this Act, reserve funds and the Fund’s earnings, and other money received from any other source. |
| Article 79 (Management and Operation of Fund) |
| (1) | The Minister of Employment and Labor is responsible for the management and operation of the Fund. <Amended by Act No. 10339, Jun. 4, 2010> |
| (2) | The National Finance Act shall govern the detailed matters concerning the management and operation of the Fund. |
| (3) | The Minister of Employment and Labor shall manage and operate the assets of the Fund as follows: <Amended by Act No. 10339, Jun. 4, 2010> |
| 1. | Deposits with financial institutions; |
| 2. | Deposits in treasury funds; |
| 3. | Purchase of securities issued or guaranteed by the State, a local government, or a financial institution; |
| 4. | Acquisition and disposition of real property in relation to the operation of the insurance programs or for investment; |
| 5. | Other means of investment prescribed by Presidential Decree. |
| (4) | The Minister of Employment and Labor who is responsible for the management and operation of the Fund under paragraph (1) shall ensure that the Fund’s earnings shall reach or exceed the level prescribed by Presidential Decree. <Amended by Act No. 10339, Jun. 4, 2010> |
| (1) | The Fund shall be used for the following purposes: <Amended by Act No. 8959, Mar. 21, 2008; Act No. 11274, Feb. 1, 2012; Act No. 16269, Jan. 15, 2019> |
| 1. | Payment of expenses for the employment security and vocational skills development programs; |
| 2. | Payment of unemployment benefits; |
| 2-2. | Support for national pension insurance premiums under Article 55-2; |
| 3. | Payment of child care leave benefits and maternity leave benefits, etc.; |
| 4. | Refund of insurance premiums; |
| 5. | Repayment of temporary loans and interest payment; |
| 6. | Payment of contributions to persons who perform by proxy the business activities prescribed in this Act and the Insurance Premium Collection Act or who are entrusted with such business activities; |
| 7. | Payment of other expenses prescribed by Presidential Decree that are necessary for the implementation of this Act and any expenses incidental to the operation of the programs prescribed in subparagraphs 1 and 2. |
| (2) | The amount contributed to the National Health Insurance Service under Article 13 of the National Health Insurance Act from the Fund pursuant to paragraph (1) 6 shall be calculated on the basis of the proportion, etc. occupied by the duties of collection (referring to the duties regarding notification, receipt, and default). <Newly Inserted by Act No. 16269, Jan. 15, 2019> |
| (3) | Matters necessary for the criteria for payment of contributions prescribed in paragraph (1) 6 and the use and management thereof shall be prescribed by Presidential Decree. <Newly Inserted by Act No. 8959, Mar. 21, 2008> |
| Article 81 (Fund Operation Plan, etc.) |
| (1) | The Minister of Employment and Labor shall prepare a fund operation plan each year and obtain approval therefor from the President, following deliberation by the Employment Insurance Committee and the State Council pursuant to Article 7. <Amended by Act No. 9315, Dec. 31, 2008; Act No. 10339, Jun. 4, 2010> |
| (2) | The Minister of Employment and Labor shall publish the results of the operation of the Fund each year following deliberation by the Employment Insurance Committee prescribed in Article 7. <Amended by Act No. 9315, Dec. 31, 2008; Act No. 10339, Jun. 4, 2010> |
| Article 82 (Establishment of Fund Accounts) |
| (1) | The Minister of Employment and Labor shall establish the accounts of the Employment Insurance Fund with the Bank of Korea. <Amended by Act No. 10339, Jun. 4, 2010> |
| (2) | The accounts of the Employment Insurance Fund prescribed in paragraph (1) shall be managed in separate accounts for employment security, vocational skills development programs and unemployment benefits and for employment security, vocational skills development programs and unemployment benefits for self-employed persons. <Amended by Act No. 10895, Jul. 21, 2011> |
| Article 83 (Fund Revenues and Expenditures) |
In managing and operating the Fund, necessary matters for its revenues and expenditures shall be prescribed by Presidential Decree.
| Article 84 (Accumulation of Fund) |
| (1) | The Minister of Employment and Labor shall maintain accumulated surplus funds as a reserve fund in preparation for mass unemployment and other precarious job conditions. <Amended by Act No. 10339, Jun. 4, 2010> |
| (2) | The appropriate level of the reserve fund prescribed in paragraph (1) shall be as follows: |
| 1. | Year-end reserve fund of the business account of job security and vocational skills development programs: An amount not less than the expenditures for the relevant year but not more than 1.5 times that amount; |
| 2. | Year-end reserve fund of the unemployment benefit account: An amount not less than 1.5 times the expenditures for the relevant year but not more than 2 times that amount. |
[This Article Wholly Amended by Act No. 9315, Dec. 31, 2008]
| Article 85 (Treatment of Year-End Balance) |
| (1) | Any year-end surplus arising in the Fund shall be transferred to the reserve funds. |
| (2) | Any year-end deficit arising in the Fund may be covered by the reserve funds. |
The Fund may borrow money from another fund, a financial institution, or any other source if there is, or is expected to be, a shortage of funds to meet the expenditures of the Fund.
CHAPTER VII REQUESTS FOR REVIEW AND FURTHER REVIEW
| Article 87 (Review and Further Review) |
| (1) | A person who is dissatisfied with a notice of confirmation of the loss or acquisition of insured status prescribed in Article 17 or a disposition regarding unemployment benefits prescribed in Chapter IV or regarding child care leave benefits or maternity leave benefits, etc. prescribed in Chapter V (hereinafter referred to as "initial disposition") may file a request for review by an examiner prescribed in Article 89, and a person who is dissatisfied with the decision of an examiner may file a request for further review by the Board of Review prescribed in Article 99. <Amended by Act No. 11274, Feb. 1, 2012> |
| (2) | A request for review prescribed in paragraph (1) shall be filed within 90 days from the date the applicant becomes aware of a notice of confirmation or a disposition prescribed in paragraph (1), and a request for further review shall be filed within 90 days from the date the applicant becomes aware that a decision has been made with respect to the applicant's request for review. |
| (3) | As far as interruption of prescription is concerned, a request for review or further review prescribed in paragraph (1) shall be subject to the same rules applicable to judicial review. |
| Article 88 (Designation of Agent) |
An applicant for review or further review may designate any of the following persons as his/her agent in addition to a legal representative:
| 1. | The spouse, a lineal ancestor or descendant, or a sibling of the applicant; |
| 2. | An executive officer or employee, if the applicant is a corporation; |
| 3. | An attorney-at-law or certified labor consultant; |
| 4. | Any other person who has been permitted by the Board or Review prescribed in Article 99 to represent the applicant. |
| Article 89 (Employment Insurance Examiner) |
| (1) | Employment insurance examiners (hereinafter referred to as "examiner") shall be appointed to conduct reviews under Article 87. |
| (2) | Upon receipt of a petition for review, as prescribed in Article 87 (1), an examiner assigned to review the case shall make a decision within 30 days: Provided, That if an examiner fails to make a decision within that time frame due to extenuating circumstances, an one-time extension of up to ten additional days may be granted. |
| (3) | Necessary matters relating to the number, qualifications, placement, and duties of examiners shall be prescribed by Presidential Decree. |
| (4) | A party who has good reason not to expect a fair review and decision from the assigned examiner may file an application for challenge to the examiner with the Minister of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010> |
| (5) | Upon the death of an applicant for review, the review process shall be pursued by a surviving family member, as prescribed in Article 57, if the deceased applicant was eligible to receive unemployment benefits or, if not, by the deceased applicant's heir or any other person who succeeds to any right or interest in relation to the initial disposition appealed from. |
| Article 90 (Filing of Request for Review, etc.) |
| (1) | Where a request for review under Article 87 (1) is filed, a request for the verification of attainment or loss of insured status under Article 17 shall be made to an examiner via the Korea Workers' Compensation and Welfare Service under Article 10 of the Industrial Accident Compensation Insurance Act (hereinafter referred to as the "Workers' Compensation and Welfare Service"), and a request for review of administrative measures on unemployment benefits under Chapter IV and on child care leave benefits, maternity leave benefits, etc. under Chapter V to an examiner via the head of an employment security office. <Amended by Act No. 16269, Jan. 15, 2019> |
| (2) | The employment security office or the Workers' Compensation and Welfare Service shall prepare a written opinion and send such opinion, along with a request for review, to the assigned examiner within five days of receipt of a request for review. <Amended by Act No. 16269, Jan. 15, 2019> |
| Article 91 (Manner of Filing) |
All requests for review shall be presented in writing, as prescribed by Presidential Decree.
| Article 92 (Rectification and Dismissal without Prejudice) |
| (1) | An examiner shall issue a decision dismissing a request for review without prejudice if it has not been filed within the period prescribed in Article 87 (2) or if the manner in which it has been presented fails to comply with statutory requirements and rectification is impossible. |
| (2) | If a request for review is noncompliant with statutory requirements but can be rectified, an examiner may order the applicant for review to submit a revised request for review within a set period of time: Provided, That if the required rectification is minor, an examiner may make rectification ex officio. |
| (3) | If an applicant for review fails to submit a revised request for review within a period of time set under paragraph (2), an examiner shall dismiss the applicant's request for review without prejudice. |
| Article 93 (Stay of Effectiveness of Initial Disposition) |
| (1) | The filing of a request for review may not stay the effectiveness of the initial disposition: Provided, That if an examiner deems urgently necessary for preventing serious harm incurred by implementation of initial disposition, he/she may stay the effectiveness of the initial disposition ex officio. |
| (2) | An examiner who decides to stay the effectiveness of an initial disposition pursuant to the proviso of paragraph (1) shall give written notice of the decision and the reason for the decision to the head of the relevant employment security office or the Workers' Compensation and Welfare Service. <Amended by Act No. 16269, Jan. 15, 2019> |
| (3) | Upon receipt of such notice prescribed in paragraph (2), the head of the employment security office or the Workers' Compensation and Welfare Service shall stay the effectiveness of the initial disposition without delay. <Amended by Act No. 16269, Jan. 15, 2019> |
| (4) | An examiner who stays the effectiveness of any initial disposition pursuant to paragraph (2) shall give written notice of such fact to the applicant for review without delay. |
| Article 94 (Authority of Examiners) |
| (1) | Examiners may conduct investigations described in the following subparagraphs, upon request of the applicant for review or ex officio, insofar as they determine that such investigation is necessary for proper consideration of the facts and issues involved in the request for review: |
| 1. | To conduct an in-person hearing with the applicant for review or any other interested person at a time and place designated by an examiner; |
| 2. | To examine documentary and other evidence that an examiner may require the applicant for review or any other interested person to submit; |
| 3. | To seek an independent expert opinion; |
| 4. | To investigate the place of business or any other place relevant to the case, making inquiries of the business owner, employees, and other interested persons and inspecting documents and other articles on the premises. |
| (2) | When conducting inquiries and inspections described in paragraph (1) 4, examiners shall carry a certificate indicating their authority and present it to interested persons. |
| Article 95 (Reimbursement for Actual Expenses) |
Those who appear in person at a hearing, as prescribed in Article 94 (1) 1, or provide expert opinion, as prescribed in Article 94 (1) 3, are entitled to reimbursement for actual expenses incurred, as determined by the Minister of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010>
Upon completion of a review, an examiner shall either reverse all or part of the initial disposition or dismiss all or part of the request for review.
| Article 97 (Notice of Decision) |
| (1) | Decisions made under Article 89 shall be in writing, as prescribed by Presidential Decree. |
| (2) | Upon making a decision, an examiner shall send an authentic copy of the decision to the applicant for review and the head of the employment security office or the Workers' Compensation and Welfare Service that made the initial disposition. <Amended by Act No. 16269, Jan. 15, 2019> |
| Article 98 (Effect of Decision) |
| (1) | A decision shall take effect from the date an authentic copy of the decision is sent to the applicant for review and the head of the relevant employment security office or the Workers' Compensation and Welfare Service. <Amended by Act No. 16269, Jan. 15, 2019> |
| (2) | A decision shall be binding on the head of the employment security office or the Workers' Compensation and Welfare Service that made the initial disposition. <Amended by Act No. 16269, Jan. 15, 2019> |
| Article 99 (Employment Insurance Appeal Committee) |
| (1) | The Employment Insurance Appeal Committee (hereinafter referred to as the "Appeal Committee") shall be established in the Ministry of Employment and Labor to conduct further reviews, as prescribed in Article 87. <Amended by Act No. 10339, Jun. 4, 2010> |
| (2) | The Appeal Committee shall be comprised of not more than 15 members, including at least one representative of employees and at least one representative of employers. |
| (3) | The members prescribed in paragraph (2) shall include two standing members. |
| (4) | None of the following persons shall be appointed as a member of the Appeal Committee: <Amended by Act No. 13041, Jan. 20, 2015> |
| 1. | A person under adult guardianship or under limited guardianship or a person declared bankrupt and not yet reinstated; |
| 2. | A person for whom three years have not passed since the imprisonment without labor or a heavier punishment of such person declared by a court was completely executed or the non-execution of the sentence became final. |
| (5) | Where a non-public official member falls under any of the following cases, he/she may be removed from office: <Amended by Act No. 16269, Jan. 15, 2019> |
| 1. | Where he/she becomes unable to perform the duties due to a mental or physical disability; |
| 2. | Where he/she engages in any misconduct in connection with the duties; |
| 3. | Where he/she is deemed unsuitable as a member due to neglect of a duty, loss of dignity, or any other reason; |
| 4. | Where he/she voluntarily admits that it is difficult to perform the duties. |
| (6) | Standing members shall neither join a political party nor become involved in politics. |
| (7) | The Appeal Committee shall make an adjudication within 50 days of receipt of a petition for further review, as prescribed in Article 87 (1). In such case, Article 89 (2) shall apply mutatis mutandis to extension of the time frame for adjudication. |
| (8) | A secretariat shall be established under the Appeal Committee. |
| (9) | Matters necessary for the organization, operation, etc. of the Appeal Committee and its secretariat shall be prescribed by Presidential Decree. |
| Article 100 (Other Party to Further Review) |
The other party to a request for further review shall be the head of the employment security office or the Workers' Compensation and Welfare Service that made the initial disposition. <Amended by Act No. 16269, Jan. 15, 2019>
| Article 101 (Further Review) |
| (1) | Upon receipt of a request for further review, the Board of Review shall notify the parties and the examiner who made the decision concerned of the date and location of the further review at least three days before such date. |
| (2) | The parties are entitled to present their views to the Board of Review either verbally or in writing. |
| (3) | Further review by the Board of Review shall be conducted open to the public: Provided, That it may be conducted in private if so requested by both or either of the parties. |
| (4) | The Board of Review shall keep a record of and maintain the proceedings of further reviews. |
| (5) | Any of the parties or interested persons are entitled to request to peruse the proceedings of further reviews maintained under paragraph (4). |
| (6) | The Board of Review shall not deny any request made by a party or interested person under paragraph (5) without good cause. |
| (7) | Articles 94 and 95 shall apply mutatis mutandis to further review. In such cases, "examiner" shall be construed as "Board of Review", "request for review" as "request for further review", and "applicant for review" as "applicant for further review". |
| Article 102 (Provisions Applicable Mutatis Mutandis) |
Articles 89 (4) and (5), 91 through 93, and 96 through 98 shall apply mutatis mutandis to the Board of Review and further review. In such cases, "examiner" prescribed in Article 89 (4) shall be construed as "member of the Board of Review", "decision" prescribed in Articles 89 (4), 97, and 98 as "adjudication", "request for review" prescribed in Articles 91, 93, and 96 as "request for further review", "examiner" prescribed in Articles 93, 96, and 97 as "Board of Review", and "applicant for review" prescribed in Articles 93, 97, and 98 as "applicant for further review".
A notice of initial disposition issued by the head of an employment security office or the Workers' Compensation and Welfare Service or an authentic copy of the decision of an examiner sent under Article 97 (2) shall include information about whether the other party or applicant for review is entitled to file a request for review or further review in relation to the initial disposition or the decision and about the applicable filing procedures and time frame. <Amended by Act No. 16269, Jan. 15, 2019>
| Article 104 (Relationship to Other Acts) |
| (2) | Matters concerning requests for review and further review that are not prescribed in this Act shall be governed by the Administrative Appeals Act. |
CHAPTER VIII SUPPLEMENTARY PROVISIONS
| Article 105 (Prohibition of Disadvantageous Action) |
A business owner shall not dismiss, or take any disadvantageous action against an employee merely due to the fact the employee has filed a request for confirmation of insured status prescribed in Article 17.
| Article 106 (Application Mutatis Mutandis) |
Articles 27 through 30, 32, 39, 41, and 42 of the Insurance Premium Collection Act shall apply mutatis mutandis to the collection of the following payments under this Act: <Amended by Act No. 10895, Jul. 21, 2011>
| 1. | Amount of subsidies for employment security and vocational skills development programs to be returned or additional amount to be collected therefrom; |
| 2. | Amount of unemployment benefits to be returned or additional amount to be collected therefrom; |
| 3. | Amount of child care leave benefits, etc. to be returned or additional amount to be collected therefrom. |
| Article 107 (Extinctive Prescription) |
| (1) | The following rights shall be extinguished by prescription if such rights are not exercised for three years: <Amended by Act No. 16269, Jan. 15, 2019> |
| 1. | A right to be paid or refunded subsidies under Chapter III; |
| 2. | A right to be paid or refunded employment promotion allowances under Chapter IV; |
| 3. | A right to be refunded job-seeking benefits under Chapter IV; |
| 4. | A right to be refunded child care leave benefits, benefits for reduced working hours during the period of child care, maternity leave benefits, etc. |
| Article 108 (Reporting, etc.) |
| (1) | When the Minister of Employment and Labor determines that it is necessary for the enforcement of this Act, including, but not limited to, confirmation of insured status and investigation of improper claims, the Minister of Employment and Labor may request the current or previous business owner of an insured employee or eligible recipient or the service provider for handling insurance-related matters for such business owner prescribed in Article 33 of the Insurance Premium Collection Act (hereinafter referred to as "service provider for insurance matters") to submit necessary reports and relevant documents or request an interested person to appear in person. <Amended by Act No. 10339, Jun. 4, 2010> |
| (2) | A person severed from employment may review the former business owner's or the business owner's service provider for insurance matters to provide necessary certificates required to receive unemployment benefits. Upon receipt of such petition for review, the business owner or the service provider for insurance matters shall provide such certificates. |
| (3) | The Minister of Employment and Labor may request an insured employee, an eligible recipient, or a claimant for the remaining unemployment benefits to submit necessary reports and relevant documents or to appear in person when necessary for the enforcement of this Act, including, but not limited to, confirmation of insured status and investigation of improper claims. <Amended by Act No. 10339, Jun. 4, 2010> |
| Article 109 (Investigation, etc.) |
| (1) | The Minister of Employment and Labor may authorize officials of the Ministry of Labor to investigate the place of business of the current or previous business owner of an insured employee or an eligible recipient or the office of such business owner's service provider for insurance matters, making inquiries of interested persons and inspecting books and documents, insofar as the Minister determines that such investigations are necessary for the enforcement of this Act, including, but not limited to, confirmation of insured status and investigation of improper claims. <Amended by Act No. 10339, Jun. 4, 2010> |
| (2) | In conducting an investigation, as prescribed in paragraph (1), the Minister of Employment and Labor shall notify the business owner or the service provider for insurance matters of the date, time, purpose, and any other necessary details of the investigation in advance: Provided, That the same shall not apply where the Minister determines that an urgent or unexpected investigation is required to achieve the purposes of such investigation. <Amended by Act No. 10339, Jun. 4, 2010> |
| (3) | When conducting an investigation, as prescribed in paragraph (1), officials shall carry an identification verifying their authority and present it to interested persons. |
| (4) | The Minister of Employment and Labor shall notify the business owner, etc., in writing, of the results of the investigation conducted under paragraph (1). <Amended by Act No. 10339, Jun. 4, 2010> |
| Article 110 (Request for Data and Information) |
| (1) | The Minister of Employment and Labor may request relevant central administrative agencies, local governments, or public organizations to provide data and information necessary for the efficient operation of insurance programs. <Amended by Act No. 10339, Jun. 4, 2010> |
| (2) | Those who have received a request for data or information, as prescribed in paragraph (1), shall comply with such request unless there is good cause not to do so. |
| Article 110 (Request to Provide Data) |
| (1) | If necessary to perform the following duties, the Minister of Employment and Labor may request the heads of relevant agencies to provide information on resident registration, family relation registration, data on military service, data on land and buildings, data on various pensions and insurances, such as national pension and health insurance, information on entry into and exit from the Republic of Korea, etc. In such case, the heads of relevant agencies in receipt of such request shall comply therewith unless there is a compelling reason not to do so: |
| 1. | Verifying the details of reporting on the attainment or loss of insured status under Article 15; |
| 2. | Verifying the attainment or loss of insured status under Article 17; |
| 3. | Verifying the dual attainment of insured status under Article 18; |
| 4. | Restricting assistance to programs for employment stability and vocational skills development due to improper acts under Article 35; |
| 5. | Verifying eligibility requirements for job-seeking benefits under Articles 40 and 69-3; |
| 6. | Paying job-seeking benefits, etc. that have not been paid pursuant to Article 57 (including cases to which such provision applies mutatis mutandis pursuant to Articles 63 (5), 69, and 69-9 (1) and (2)); |
| 7. | Restricting the payment of job-seeking benefits, etc. due to improper acts pursuant to Article 61 (including cases to which such provision applies mutatis mutandis pursuant to Articles 63 (5) and 69-9 (1)); |
| 8. | Returning job-seeking benefits, etc. already received and additional collection pursuant to Article 62 (including cases to which such provision applies mutatis mutandis pursuant to Articles 63 (5), 69, 69-9 (1) and (2), 74, and 77); |
| 9. | Restricting the payment of employment promotion allowances under Article 68 (including cases to which such provision applies mutatis mutandis pursuant to Article 69-9 (1)); |
| 10. | Restricting the payment of child care leave benefits, etc. pursuant to Article 73 (including cases to which such provision applies mutatis mutandis pursuant to Articles 74 (2) and 77); |
| (2) | If necessary to perform the duties prescribed in paragraph (1) 4 through 11, the Minister of Employment and Labor may request the head of a relevant tax office to provide the following taxation information in a document specifying the personal data of taxpayers and the purpose of use: |
| (3) | The detailed range of data or information that can be requested pursuant to paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 16557, Aug. 27, 2019]
[Enforcement Date: Aug. 28, 2020] Article 110
| Article 111 (Medical Examination Order) |
The head of an employment security office may order a person who falls under Article 44 (3) 1 and who has obtained, or intends to obtain, recognition of unemployment under Article 44 (2) or a person who has received, or intends to receive, sickness benefits, as prescribed in Article 63, to undergo a medical examination at a medical institution designated by the Minister of Employment and Labor, if deemed necessary for payment of unemployment benefits. <Amended by Act No. 10339, Jun. 4, 2010>
| Article 112 (Payment of Monetary Rewards) |
| (1) | The Minister of Employment and Labor may, within budgetary limits, provide monetary rewards to a person who reports improper acts in connection with the assistance in running employment security and vocational skills development programs and the entrustment of such programs, and such assistance as unemployment benefits, child care leave benefits, and maternity leave benefits. <Amended by Act No. 10339, Jun. 4, 2010; Act No. 11274, Feb. 1, 2012> |
| (2) | Matters necessary for reporting improper acts and providing monetary rewards under paragraph (1) shall be prescribed by Ordinance of the Ministry of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010> |
| Article 113 Deleted. <by Act No. 10895, Jul. 21, 2011> |
| Article 113-2 (Special Cases concerning Recipients Prescribed in the National Basic Living Security Act) |
| (2) | Where a recipient prescribed in the latter part of paragraph (1) falls under any of the persons eligible for assistance under Article 8 (2) of the National Basic Living Security Act, only Chapter III shall apply to the recipient. <Amended by Act No. 14496, Dec. 27, 2016> |
| (3) | Notwithstanding Article 18, where a recipient to whom only Chapter III applies pursuant to paragraph (2) is employed in other insured business, he/she may acquire an insured status as an employee of the other business. |
| (4) | The self-support benefits received by a recipient after he/she participated in the business pursuant to paragraph (1) shall be deemed the remuneration to be used as basis for computation of the qualifying days in covered employment used as basis for computation of Article 41 and as the remuneration to be used as basis for the daily wage under Article 45. |
[This Article Newly Inserted by Act No. 10895, Jul. 21, 2011]
| Article 114 (Operation of Pilot Programs) |
| (1) | To ensure the effective operation of insurance programs prescribed by Presidential Decree, the Minister of Employment and Labor may operate a pilot program if it is expected to be impracticable to fully implement a program or if the implementation plans, etc. need to be verified before fully launching such program. <Amended by Act No. 10339, Jun. 4, 2010> |
| (2) | The Minister of Employment and Labor may provide administrative, financial, technical, and other necessary assistance to the business owners, insured employees, etc. who participate in pilot programs under paragraph (1) and relevant vocational skills development training facilities, etc. <Amended by Act No. 10339, Jun. 4, 2010> |
| (3) | The Minister of Employment and Labor shall determine and provide public notice of necessary matters relating to applicable participants, target areas, and means of operating pilot programs under paragraph (1) and details of assistance under paragraph (2). <Amended by Act No. 10339, Jun. 4, 2010> |
| Article 115 (Delegation and Entrustment of Authority) |
Part of the authority of the Minister of Employment and Labor granted under this Act may, as prescribed by Presidential Decree, be delegated to the head of an employment security office or entrusted to a person specified by Presidential Decree. <Amended by Act No. 10339, Jun. 4, 2010>
| Article 115-2 (Legal Fiction as Public Officials in Applying Penalty Provisions) |
| (2) | A non-public official member of the Appeal Committee shall be deemed a public official in applying penalty provisions under Articles 129 through 132 of the Criminal Act. <Newly Inserted by Act No. 16269, Jan. 15, 2019> |
[This Article Newly Inserted by Act No. 9315, Dec. 31, 2008]
CHAPTER IX PENALTY PROVISIONS
| Article 116 (Penalty Provisions) |
| (1) | A business owner who dismisses, or takes any disadvantageous action against, an employee in violation of Article 105 shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won. <Amended by Act No. 13041, Jan. 20, 2015> |
| (2) | A person who receives unemployment benefits, child care leave benefits, maternity leave benefits, etc. by fraud or other improper means shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 10 million won. <Amended by Act No. 11274, Feb. 1, 2012; Act No. 13041, Jan. 20, 2015> |
| Article 116 (Penalty Provisions) |
| (1) | A person who conspires with a business owner and receives the following subsidies or benefits by fraud or other improper means, and such business owner shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding 50 million won: |
| 1. | Subsidies for employment stability and vocational skills development programs under Chapter III; |
| 2. | Unemployment benefits under Chapter IV; |
| 3. | Child care leave benefits, benefits for reduced working hours during the period of child care, maternity leave benefits, etc. under Chapter V. |
| (2) | Any of the following persons shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won: |
| 1. | A business owner who dismisses an employee or gives him/her disadvantageous treatment, in violation of Article 105; |
| 2. | A person who receives subsidies or benefits under the subparagraphs of paragraph (1) by fraud or other improper means: Provided, That cases falling under paragraph (1) shall be excluded. |
[This Article Wholly Amended by Act No. 16557, Aug. 27, 2019]
[Enforcement Date: Aug. 28, 2020] Article 116
| Article 117 (Joint Penalty Provisions) |
If the representative of a corporation or an agent or employee of, or any other person employed by, a corporation or an individual commits an offense under Article 116 in connection with the business affairs of the corporation or individual, not only shall such offender be punished, but also the corporation or individual shall be punished by a fine under the relevant provisions: Provided, That the foregoing shall not apply where such corporation or individual has not been negligent in giving due attention and supervision concerning the relevant business affairs to prevent such offense. [This Article Wholly Amended by Act No. 9315, Dec. 31, 2008]
| Article 118 (Administrative Fines) |
| (1) | An administrative fine of not more than three million won shall be imposed on a business owner or the representative, an agent, or employee of, or any other person employed by a service provider for insurance matters who falls under any of the following: <Amended by Act No. 9315, Dec. 31, 2008> |
| 1. | A person who fails to file a report or files a false report in violation of Article 15; |
| 2. | A person who fails to submit certificate of severance or who makes and submits a false certificate of severance in violation of Article 16 (1); |
| 3. | A person who fails to provide certificate of severance in violation of the latter part of Article 16 (2); |
| 4. | A person who fails to file a report in response to the request under Article 108 (1) or file a false report, who fails to submit a document in response to the same request or submits a false document, or who fails to appear in person; |
| 5. | A person who refuses to comply with a request to provide a certificate under Article 108 (2); |
| 6. | A person who fails to respond to, or files a false response to, inquiries or who refuses, interferes with, or evades an investigation conducted under Article 109 (1). |
| (2) | An administrative fine of not more than one million won shall be imposed on an insured employee, an eligible recipient, or a claimant for the remaining unemployment benefits who falls under either of the following subparagraphs: <Amended by Act No. 9315, Dec. 31, 2008> |
| 1. | A person who fails to file reports or false reports requested under Article 108 (3), who fails to submit a report or document, or submits a false report or document, or fails to appear in person; |
| 2. | A person who fails to respond to, or makes a false response to, inquiries or who refuses, interferes with, or evades an inspection conducted under Article 109 (1). |
| (3) | An administrative fine of not more than one million won shall be imposed on a person who fails to respond, or makes a false response, in a hearing by an examiner or the Board of Review or who refuses, obstructs, or attempts to evade an inspection conducted in relation to a petition for review or further review under Article 87. <Amended by Act No. 9315, Dec. 31, 2008> |
| (4) | The Minister of Employment and Labor shall impose and collect administrative fines under paragraphs (1) through (3) as prescribed by Presidential Decree. <Amended by Act No. 10339, Jun. 4, 2010> |
| (5) | through (7) Deleted. <by Act No. 9315, Dec. 31, 2008> |
| Article 118 (Administrative Fines) |
| (1) | An administrative fine of not more than three million won shall be imposed on a business owner or the representative, an agent, or employee of, or any other person employed by a service provider for insurance matters who falls under any of the following: <Amended by Act No. 9315, Dec. 31, 2008; Act No. 16557, Aug. 27, 2019> |
| 1. | A person who fails to file a report or files a false report in violation of Article 15; |
| 2. | A person who fails to issue a severance certificate or issues a falsely fabricated severance certificate in violation of the latter part of Article 42 (3); |
| 3. | A person who fails to submit a severance certificate or submits a falsely fabricated severance certificate in violation of the latter part of Article 43 (4); |
| 4. | A person who fails to file a report in response to the request under Article 108 (1) or files a false report, who fails to submit a document in response to the same request or submits a false document, or who fails to appear in person; |
| 5. | A person who refuses to comply with a request to provide a certificate under Article 108 (2); |
| 6. | A person who fails to respond to, or files a false response to, inquiries or who refuses, interferes with, or evades an investigation conducted under Article 109 (1). |
| (2) | An administrative fine of not more than one million won shall be imposed on an insured employee, an eligible recipient, or a claimant for the remaining unemployment benefits who falls under any of the following: <Amended by Act No. 9315, Dec. 31, 2008> |
| 1. | A person who fails to file a report or files a false report requested under Article 108 (3), who fails to submit a document, or submits a false document, or fails to appear in person; |
| 2. | A person who fails to respond to, or makes a false response to, inquiries or who refuses, obstructs, or evades an inspection conducted under Article 109 (1). |
| (3) | An administrative fine of not more than one million won shall be imposed on a person who fails to respond to, or makes a false response to, inquiries by an examiner or the Appeal Committee or who refuses, obstructs, or evades an inspection conducted in relation to a petition for review or further review under Article 87. <Amended by Act No. 9315, Dec. 31, 2008> |
| (4) | The Minister of Employment and Labor shall impose and collect administrative fines under paragraphs (1) through (3) as prescribed by Presidential Decree. <Amended by Act No. 10339, Jun. 4, 2010> |
| (5) | through (7) Deleted. <by Act No. 9315, Dec. 31, 2008> |
[Enforcement Date: Aug. 28, 2020] Article 118
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Collection of Penalties for Improper Acts by Vocational Training Providers)
Notwithstanding the amended provisions of the proviso to Article 35 (2), the previous provisions shall apply to a person operating a vocational skills development program who has obtained, or attempted to obtain, assistance by fraud or other improper means before this Act enters into force. Article 3 (Effective Period)
The amendment to the proviso to Article 107 (1) shall be effective only until December 31, 2009. Article 4 (General Transitional Measures concerning Dispositions by and against Administrative Agencies)
All actions or proceedings commenced by or against an administrative agency under the previous provisions at the time this Act enters into force shall be considered as actions or proceedings by or against an administrative agency under this Act.
Article 5 (Transitional Measures concerning Penalty Provisions and Administrative Fines)
The previous provisions of penalty provisions and administrative fines shall apply to violations committed before this Act enters into force.
Article 6 Omitted.
Article 7 (Relationship to Other Statutes)
Where other statutes have cited the previous Employment Insurance Act and the previous provisions thereof at the time this Act enters into force, this Act or the provisions corresponding thereto shall be deemed to have been cited in lieu of the previous provisions, if such provisions corresponding thereto exist in this Act.
ADDENDA <Act No. 8781, Dec. 21, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDA <Act No. 8959, Mar. 21, 2008>
| (1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 10 shall enter into force six months after the date of its promulgation. |
| (2) | (Applicability concerning Increase of Extended Training Benefits) The amended provisions of Article 54 (2) shall apply to extended training benefits paid for a training period after this Act enters into force. |
ADDENDA <Act No. 9315, Dec. 31, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 29 (3) shall enter into force three months after the date of its promulgation, and the amended provisions of Articles 7, 11-2, 81, and 84 shall enter into force on July 1, 2009. Article 2 (Applicability concerning Recognition of Eligibility for Benefits)
The amended provisions of Articles 41 and 43 shall apply beginning with the first decision of recognition of eligibility for benefits after this Act enters into force. Article 3 (Applicability concerning Subrogation of Rights to Maternity or Paternity Leave Benefits, etc.)
The amendment provisions of Article 75-2 shall apply beginning with the first grant of rights to maternity or paternity leave benefits, etc. after this Act enters into force. Article 4 (Transitional Measures concerning Restrictions, etc. on Assistance Due to Improper Acts)
Notwithstanding the amended provisions of Article 35, with regard to any person who has received or attempted to receive assistance by fraud or other improper means before this Act enters into force, the previous provisions shall apply.
ADDENDA <Act No. 9792, Oct. 9, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2010.
Articles 2 and 3 Omitted.
ADDENDUM <Act No. 9990, Jan. 27, 2010>
This Act shall enter into force on January 1, 2011.
ADDENDA <Act No. 9999, Feb. 4, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 9 Omitted.
ADDENDA <Act No. 10337, May 31, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 8 Omitted.
ADDENDA <Act No. 10338, May 31, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2011.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 10339, Jun. 4, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force one month after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Act No. 10719, May 24, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA <Act No. 10789, Jun. 7, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA <Act No. 10895, Jul. 21, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of subparagraph 5 of Article 2 shall enter into force on the date of its promulgation, and the amended provisions of Articles 26-2, 50 (5), 70, 73-2, 74, and 113-2 shall enter into force two months after the date of its promulgation. Article 2 (Applicability concerning Limitation on Payment of Assistance)
Among the amended provisions of Articles 26-2, the matters concerning payment of subsidies for maintenance of employment shall apply to reports on and after the enforcement of this Act on the planned measures for maintenance of employment, and other matters concerning payment of subsidies shall apply to employment of employees in the place of business concerned on and after enforcement of this Act. Article 3 (Applicability concerning Specified Number of Days for which Benefits are Payable)
The amended provisions of Article 50 (5) shall apply to a person for whom acquisition of insured status is confirmed pursuant to Article 17 on and after enforcement of this Act. Article 4 (Transitional Measures concerning Child Care Leave Benefits)
With regard to any employee who is under a period of reduced working hours during child care after being granted such reduction of working hours, upon making payment of child care leave benefits prescribed in Article 70 (1), the amended provisions of Article 70 (1) 2 shall apply beginning with the period of reduced working hours during child care after this Act enters into force. Article 5 (Transitional Measures concerning Benefits for Reduced Working Hours during the Period of Child Care)
With regard to any employee who is under a period of reduced working hours during child care after being granted such reduction of working hours at the time this Act enters into force, the amended provisions of Article 73-2 shall apply beginning with the period of reduced working hours during child care after this Act enters into force.
ADDENDA <Act No. 11274, Feb. 1, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDA <Act No. 11530, Dec. 11, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 11628, Jan. 23, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Article 2 (Special Cases concerning Assistance for Employment Adjustment)
The amended provisions in the latter part of Article 21 (1) may apply to cases where measures to improve employment security including business suspension and layoff are in effect at the time this Act enters into force.
ADDENDUM <Act No. 11662, Mar. 22, 2013>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 11864, Jun. 4, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Applicability concerning Ineligibility for Unemployment Benefits)
The amended provisions of Article 10 shall also apply to an employee who was severed from employment or a self-employed person that had closed his/her business before this Act enters into force.
ADDENDA <Act No. 12323, Jan. 21, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2014.
Article 2 (Applicability concerning Payment of Maternity Leave Benefits)
The amended provisions of Articles 75 and 76 shall apply beginning with the first employees who give birth after this Act enters into force.
ADDENDA <Act No. 13041, Jan. 20, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 37-2, 38, and 45 (4) shall enter into force three months after the date of its promulgation. Article 2 (Applicability concerning Period of Covered Employment)
The amended provisions of Article 50 shall apply starting with cases in which the attainment of insured status is reported or verified after this Act enters into force. Article 3 (Applicability, etc. concerning Repeal of Deferral of Job-Seeking Benefits for Receiving Excessive Money and Valuables)
| (1) | Any person whose job-seeking benefits are deferred under the previous provisions of Article 59 (1) as at the time this Act enters into force is also eligible for job-seeking benefits under Article 40. |
| (2) | With respect to a person who is eligible for job-seeking benefits under paragraph (1) or for whom the deferral period of job-seeking benefits has ended before this Act enters into force, the benefit period shall be a period calculated by adding the deferral period of job-seeking benefits under the previous provisions of Article 59 (1) to the benefit period under Article 48. |
Article 4 (Transitional Measures concerning Incompetents, etc.)
A person under adult guardianship or under limited guardianship under the amended provisions of Article 99 (4) 1 shall be construed as including any person for whom the declaration of incompetency or quasi-incompetency is in effect under Article 2 of the Addenda to the Civil Act (Act No. 10429).
ADDENDA <Act No. 13805, Jan. 19, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on August 12, 2016.
Articles 2 through 22 Omitted.
ADDENDA <Act No. 14233, May 29, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on August 1, 2016.
Articles 2 (Applicability to Support for Pension Premiums of National Pension)
The amended provisions of Article 55-2 shall apply beginning with the first case of recognition of eligibility for benefits pursuant to Article 43 (1).
ADDENDUM <Act No. 14496, Dec. 27, 2016>
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 113-2 (2) shall enter into force on the date of the promulgation.
ADDENDA <Act No. 16269, Jan. 15, 2019>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of the provisos of Article 6 (2) and (3), Articles 10, 43 (1), 63 (4), 80 (1) 2-2, 90, 93, 97 (2), 98, 99 (5), 100, 103, 107 (1), and 115-2 shall enter into force on the date of its promulgation. Article 2 (Applicability to Application of Employment Insurance to Foreign Workers)
The amended provision of Article 10-2 (1) shall apply on the following dates: | 1. | A business or workplace employing at least 30 workers at all times: January 1, 2021; |
| 2. | A business or workplace employing at least 10 but less than 30 workers at all times: January 1, 2022; |
| 3. | A business or workplace employing less than 10 workers at all times: January 1, 2023. |
Article 3 (Applicability to Requirements for Eligibility for Job-Seeking Benefits for Daily Hire Construction Workers)
The amended provisions of Article 40 (1) 5 and proviso of Article 49 shall apply beginning from a person who applies for recognition of eligibility to job-seeking benefits under Article 43 (1) after this Act enters into force. Article 4 (Applicability to Limitations on Payment of Child Care Leave Benefits, etc. due to Failing to Specify Fact of Securing Employment, etc.)
The amended provision of Article 73 (5) (including cases to which such provision applies mutatis mutandis pursuant to Articles 74 and 77) shall apply by counting the number of violations beginning from the case in which an insured employee, who is on a child care leave, implements reduction of working hours during the period of child care, or is on a maternity leave or on a miscarriage or stillbirth leave, fails to specify that he/she has secured employment or specifies false data in violation of the amended provision of Article 70 (3) after this Act enters into force. Article 5 (Transitional Measures concerning Exclusion from Application of Unemployment Benefits, etc.)
Notwithstanding the amended provision of Article 10 (2), the previous provision shall apply to a person who is excluded from the application of unemployment benefits, etc. pursuant to previous Article 10 (1) 1 because he/she has been employed at or over the age of 65 as at the time the amended provision of Article 10 enters into force. Article 6 (Transitional Measures concerning Limitations on Payment of Child Care Leave Benefits, etc. during Period of Employment)
Notwithstanding the amended provision of Article 73 (2) (including cases to which such provision applies mutatis mutandis pursuant to Articles 74 and 77), previous Article 73 (1) shall apply to an insured employee who has been employed by a different employing unit during the period of a child care leave, reduction of working hours during the period of child care, or a maternity leave or a miscarriage or stillbirth leave before this Act enters into force. Article 7 (Transitional Measures for Respondents, etc. following Change of Institutions to File Request for Review of Verification of Attainment or Loss of Insured Status)
As for a case for which a request for review, a request for further review or administrative proceedings are pending concerning verification of attainment or loss of insured status under Article 87 (1) as at the time the amended provision of Article 90 enters into force, the respondent's or defendant's standing to be sued shall be succeeded by the Workers' Compensation and Welfare Service.
ADDENDA <Act No. 16413, Apr. 30, 2019>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation
Article 2 Omitted.
ADDENDA <Act No. 16415, Apr. 30, 2019>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.) |
Articles 2 and 3 Omitted.
ADDENDA <Act No. 16557, Aug. 27, 2019>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation: Provided, That the amended provisions of Articles 19 (2), 40, 46 (1), 69-5, 75, and 76 (1), the latter part of Article 77, and attached Tables 1 and 2 shall enter into force on October 1, 2019, and the amended provisions of Articles 70 (1) and 73-2 (1) six months after the date of its promulgation. Article 2 (Applicability to Requirements for Eligibility for Job-Seeking Benefits)
The amended provision of Article 40 (2) 2 shall apply even to the workers who have been severed from employment before such amended provision enters into force. Article 3 (Applicability to Requests to Provide Data for Verification of Eligibility for Job-Seeking Benefits)
The amended provision of Article 43 (4) shall apply even where a decision on recognition of eligibility for benefits is pending as at the time this Act enters into force. Article 4 (Applicability to Denial of Job-Seeking Benefits to Repetitively Dishonest Recipients of Job-Seeking Benefits)
The number of times one fails to receive job-seeking benefits pursuant to the amended provision of Article 61 (5) shall be calculated from the case he/she fails to receive job-seeking benefits pursuant to the main sentence of Article 61 (1) after this Act enters into force. Article 5 (Applicability to Allocation of Job-Seeking Benefits, etc.)
The amended provision of Article 62 (5) shall apply beginning from the case where job-seeing benefits, for which reasons for payment occur after this Act enters into force, are allocated to the job-seeking benefits decided to be returned or to the additional amount to be collected after this Act enters into force. Article 6 (Applicability to Child Care Leave Benefits and Benefits for Reduced Working Hours during Period of Child Care)
The amended provisions of Articles 70 (1) and 73-2 (1) shall apply even to the period of a child care leave or reduced working hours during the period of child care after such amended provisions enter into force in cases in which both parents simultaneously have used a child care leave or implemented reduction of working hours during the period of child care before such amended provisions enter into force. Article 7 (Applicability to Maternity Leave Benefits, etc.)
The amended provisions of Articles 75 and 76 (1) and the latter part of Article 77 shall apply beginning from the first person who uses a paternity leave after such amended provisions enter into force. Article 8 (Transitional Measures concerning Daily Amount of Job-Seeking Benefits)
| (1) | Notwithstanding the amended provisions of Articles 46 (1) and 69-5, the previous provisions shall apply to the daily amount of job-seeking benefits for a person who has been severed from employment before such amended provisions enter into force. |
| (2) | Where the minimum daily amount of job-seeking benefits calculated pursuant to the amended provision of Article 46 (1) 2 is less than the minimum daily amount of job-seeking benefits before such amended provision enters into force, the minimum daily amount of job-seeking benefits before such amended provision enters into force shall be the minimum daily amount of job-seeking benefits for the relevant year. |
Article 9 (Transitional Measures concerning Additional Collection of Job-Seeking Benefits due to Improper Acts)
Notwithstanding the amended provision of Article 62 (2), the previous provision shall apply to the amount of job-seeking benefits to be additionally collected from a person who has received job-seeking benefits by fraud or other improper means before this Act enters into force. Article 10 (Transitional Measures concerning Specified Number of Days for which Job-Seeking Benefits are Payable)
Notwithstanding the amended provisions of attached Tables 1 and 2, the previous provisions shall apply to the specified number of days for which job-seeking benefits are payable for an employee who has been severed from employment before such amended provisions enter into force.
Article 11 Omitted.