CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to provide integrated employment assistance services and financial support to citizens who are struggling to find employment despite their ability and willingness to work, and thereby contribute to their job-seeking activities and livelihood stability.
The terms used in this Act are defined as follows:
| 1. | The term “employment assistance” means any assistance furnished under Articles 12 through 15 that can help recipients search for employment (hereinafter referred to as “employment assistance service”) and payment of job-seeking encouragement benefits described in Article 18 (hereinafter referred to as “job-seeking encouragement benefits”); |
| 2. | The term “eligible recipient” means any person meeting the eligibility requirements to receive an employment assistance service or job-seeking encouragement benefits under Article 6 or 7 and determined eligible to receive employment assistance under Article 10; |
| 3. | The term “recipient” means any person who is receiving an employment assistance service or job-seeking encouragement benefits as an eligible recipient. |
| Article 3 (Responsibilities of the State and Local Governments) |
The State and local governments shall assist eligible recipients in finding employment in a field that suits their aptitude and ability, and develop and implement necessary policies to ensure their financial stability during the course of job search.
| Article 4 (Rights and Responsibilities of Eligible Recipients) |
Eligible recipients may receive assistance from the State and local governments for employment and livelihood stability, and shall actively engage in job search activities in accordance with their respective work activity plans, etc.
| Article 5 (Formulation and Implementation of Master Plan for Employment Assistance for Job Seekers) |
| (1) | The Minister of Employment and Labor shall, every five years, formulate and implement a master plan for employment assistance for job seekers to furnish assistance in obtaining employment (hereafter in this Article referred to as “master plan”) in consultation with the heads of relevant central administrative agencies. |
| (2) | A master plan shall include the following information: |
| 1. | Basic objectives and directions of employment assistance for job seekers; |
| 2. | Project plans and methodologies for employment assistance for job seekers; |
| 3. | Establishment and operation of an employment assistance system for job seekers; |
| 4. | Performance analysis and improvement plans for employment assistance for job seekers; |
| 5. | Financing for employment assistance for job seekers; |
| 6. | Other matters necessary for employment assistance for job seekers. |
| (4) | The Minister of Employment and Labor may request the heads of relevant central administrative agencies and local governments to submit necessary data, if necessary to formulate a master plan. |
CHAPTER II DETERMINATION OF ELIGIBILITY FOR EMPLOYMENT ASSISTANCE
| Article 6 (Eligibility for Employment Assistance Services) |
| (1) | A person who meets all of the following requirements shall be eligible to receive an employment assistance service: |
| 1. | He or she has not been able to find employment even though he or she has ability and willingness to work; |
| 2. | He or she shall be at least 15 years of age but not more than 64 years of age when applying for employment assistance under Article 8; |
| 3. | The average monthly gross income of his or her household unit shall be less than 100/100 of the standard median income as defined in subparagraph 11 of Article 2 of the National Basic Living Security Act (hereinafter referred to as “standard median income”): Provided, That for those aged 18 to 34 years old, the average monthly gross income of his or her household unit shall not be more than 120/100 of the standard median income. |
| (2) | A detailed scope and computation methodology of the household unit and the monthly average gross income as mentioned in paragraph (1) 3 shall be prescribed by Presidential Decree. |
| (3) | Notwithstanding the requirements of paragraph (1), the Minister of Employment and Labor may separately determine and publicly notify the requirements set forth in the subparagraphs of paragraph (1) after deliberation by the Employment Policy Deliberative Council, if specially required to furnish employment assistance services to a vulnerable group in employment as defined in Article 6 (1) 6 of the Framework Act on Employment Policy. |
| Article 7 (Eligibility for Job-Seeking Encouragement Benefits) |
| (1) | A person who meets all of the following requirements shall be eligible to receive job-seeking encouragement benefits: |
| 1. | He or she shall meet the eligibility requirements set forth in Article 6; |
| 2. | The average monthly gross income of his or her household specified in Article 6 (1) 3 shall not be higher than the level prescribed by Presidential Decree, taking into account his or her minimum cost of living and expenses incurred in job-seeking activities, but not exceeding 60/100 of the standard median income; |
| 3. | The total value of the property owned by his or her household members, which includes land, buildings and automobiles, shall not be higher than the value prescribed by Presidential Decree, but not exceeding 600 million won; |
| 4. | He or she shall have been employed for a period of no less than the period prescribed by Presidential Decree, within two years prior to the date of application for employment assistance under Article 8. |
| (2) | Notwithstanding paragraph (1), the Minister of Employment and Labor may, within the budget, determine the eligibility to receive job-seeking encouragement benefits of those who meet the requirements prescribed by Presidential Decree, among the persons described below, giving due consideration to conditions of the labor market and the need to provide job-seeking encouragement benefits: |
| 1. | A person who meets all the requirements under paragraph (1) 1 through 3, but does not fulfill the requirement under subparagraph 4 of that paragraph; |
| 2. | A person who meets all the requirements under the proviso of Article 6 (1) 1, 2 and 3 as well as the requirement under paragraph (1) 3 of this Article, but does not fulfill the requirement under subparagraph 4 of that paragraph. |
| (3) | Notwithstanding paragraphs (1) and (2), the Minister of Employment and Labor may not determine the eligibility of any of the following persons to receive job-seeking encouragement benefits: |
| 1. | A person who is difficult to obtain employment immediately at the time of application for employment assistance under Article 8 due to reasons prescribed by Presidential Decree, such as schoolwork, military service, mental disorder, and nursing care; |
| 3. | A person who is receiving job-seeking benefits under the Employment Insurance Act, or for whom six months have not passed since the date of termination of the job-seeking benefits; |
| 5. | A person who is receiving an allowance prescribed by Presidential Decree, of the allowances provided by the State or a local government for covering expenses incurred in job-seeking activities, or for whom six months have not passed since the date of payment of the last allowance; |
| 6. | An applicant for employment assistance under Article 8 (3) whose monthly average gross income is equal to or higher than the standard prescribed by Presidential Decree; |
| 7. | Other persons equivalent to any of subparagraphs 1 through 6, as prescribed by Presidential Decree. |
| (4) | Detailed methodologies for computing the total value of the property under paragraph (1) 3 and the monthly average gross income under paragraph (3) 6 shall be prescribed by Presidential Decree. |
| Article 8 (Application for Employment Assistance) |
| (1) | A person who wants to be determined eligible for an employment assistance service under Article 6 shall file an application for employment assistance with the Minister of Employment and Labor. |
| (2) | A person who wants to be determined eligible for job-seeking encouragement benefits under Article 7 shall apply for determination of the eligibility for job-seeking encouragement benefits, when filing the application under paragraph (1). |
| (3) | A person who files an application under paragraph (1) or (2) (hereinafter referred to as “applicant for employment assistance”) shall, at the time of filing the application, provide a written agreement that he or she furnish data or information on the applicant and his or her household members contained in the information and communications network, etc. listed below to all relevant organizations, to the extent necessary to receive the employment assistance: |
| 1. | Information and communications network established and operated by the Minister of Employment and Labor under the Employment Insurance Act; |
| 3. | Information and communications network established and operated by the Minister of Health and Welfare under the National Health Insurance Act; |
| (4) | Necessary matters regarding the method and procedure of application for employment assistance under paragraphs (1) and (2), and the method and procedure of providing an agreement under paragraph (3) shall be prescribed by Ordinance of the Ministry of Employment and Labor. |
| Article 9 (Checking and Inspections upon Application) |
| (1) | If the Minister of Employment and Labor receives an application for employment assistance under Article 8, he or she shall check and inspect whether it meets the eligibility requirements of Article 6 or 7. |
| (2) | The Minister of Employment and Labor shall require that the heads of State agencies including courts, the Ministry of Public Administration and Security, the Ministry of Health and Welfare, and the National Tax Service, the heads of local governments, and the heads of related institutions and organizations provide the following data and access the relevant data networks for checking and inspections under paragraph (1). In such cases, the heads of agencies, etc. in receipt of such request shall comply with it, in the absence of good cause: |
| 2. | Purchase of a policy for the national health insurance, national pension, employment insurance, industrial accident compensation insurance, veterans’ benefits, public officials pension, public officials’ accident compensation benefits, military pension, pension for private school teachers and staff, special post office pension, agricultural subsidies, and the farmland pension, as well as the type of coverage purchased, earned income, and the amount charged or received; |
| 3. | The published price or the value of the tax base of a building, land, automobile, construction machinery, and ship; |
| 4. | Certified copies of household register and individual register; |
| 5. | A family relationship register (family relations certificate, identification certificate, and marriage relation certificate); |
| 7. | An identification certificate for resident escaping from North Korea; |
| 8. | Records of social security benefits received; |
| 10. | Immigration information. |
| (4) | The Minister of Employment and Labor shall require, in a document stating the following information, that the head of the competent tax office provide tax information, if necessary to check whether an applicant for employment assistance meets the income requirements, of the eligibility requirements for assistance under Article 6 or 7. In such cases, the head of the competent tax office shall comply with such request, in the absence of good cause: |
| 1. | Personal information of the applicant for employment assistance; |
| 2. | Base date for determining whether the applicant meets the eligibility requirements for assistance under Article 6 or 7; |
| 3. | Amount of income that serves as the basis for determining whether the applicant meets the eligibility requirements for assistance under Article 6 or 7. |
| (5) | The Minister of Employment and Labor may require that an applicant for employment assistance provide data prescribed by Presidential Decree to check the income status of the applicant for employment assistance and his or her household members. |
| Article 10 (Determination of Eligible Recipients and Notification thereof) |
| (1) | The Minister of Employment and Labor shall, within one month from the date of receipt of an application for employment assistance under Article 8, determine the eligibility for employment assistance services or job-seeking encouragement benefits, and notify the applicant in writing of the eligibility status: Provided, That the Minister may extend the notice period for up to seven additional days, if there is a compelling reason such as a delay in checking and inspections under Article 9. |
| (2) | In computation of the period mentioned in the main clause of paragraph (1), the period of delay resulting from the request for data submission under Article 9 (5) shall not be included. |
| Article 11 (Suspension of Employment Assistance) |
| (1) | If any of the following events occurs with respect to an eligible recipient or a recipient, which makes it difficult for him or her to participate in an employment assistance service, he or she may apply for a suspension of the employment assistance only once during the period necessary to resolve the event, within two years from the date on which he or she is determined eligible to receive the employment assistance: |
| 1. | If the person is pregnant, or 90 days have not passed after giving birth; |
| 2. | If the person or his or her spouse becomes ill or suffers injury; |
| 3. | If the person or his or her spouse's lineal ascendant or descendant becomes ill or suffers injury; |
| 5. | If the person stays abroad for less than six months; |
| 6. | Other events prescribed by Ordinance of the Ministry of Employment and Labor, which make it difficult to participate in an employment assistance service. |
| (2) | If an eligible recipient or a recipient applies for a suspension of employment assistance in accordance with paragraph (1), the Minister of Employment and Labor shall determine the suspension of the employment assistance after checking whether any of the events described in the subparagraphs of paragraph (1) has occurred to the applicant, and notify the eligible recipient or the recipient in writing of the determination. |
| (3) | If an event described in the subparagraphs of paragraph (1) is resolved before the expiration of the suspension period for employment assistance determined under paragraph (2), the suspension period shall end on the day when the relevant event for suspension is resolved, notwithstanding the determined suspension period. |
| (4) | Upon the expiration of the suspension period for employment assistance determined under paragraph (2), or resolution of the relevant event for suspension under paragraph (3), the eligible recipient or the recipient shall re-participate in an employment assistance service within 30 days from the date of such expiration or resolution. |
CHAPTER III EMPLOYMENT ASSISTANCE SERVICES
| Article 12 (Work Activity Plans) |
| (1) | The Minister of Employment and Labor shall, in consultation with an eligible recipient, establish an individual work activity plan (hereinafter referred to as “work activity plan”) that includes an employment assistance program under Article 13 or a job search assistance program under Article 14 as needed for the eligible recipient. |
| (2) | The Minister of Employment and Labor shall, for the purpose of establishing a work activity plan, impose duties on the eligible recipient, such as a visit to an employment security office as defined in subparagraph 1 of Article 2-2 of the Employment Security Act (hereinafter referred to as “employment security office”), participation in a career counseling and a psychological fitness-for-work examination, and furnishing of information necessary for the consulting. |
| (3) | The Minister of Employment and Labor shall complete the establishment of a work activity plan within one month from the day after the date of notification of the determination of eligibility under Article 10 (1): Provided, That the Minister may extend the period for up to seven additional days, if necessary depending on the employability of the eligible recipient. |
| (4) | The Minister of Employment and Labor may withdraw the determination of eligibility under Article 10 (1), if an eligible recipient fails to fulfill the duties imposed under paragraph (2) without good cause. In such cases, the Minister shall notify the eligible recipient in writing of the withdrawal. |
| (5) | A recipient shall follow the established work activity plan, in the absence of good cause. |
| (6) | The Minister of Employment and Labor may change the contents of the established work activity plan in consultation with the recipient, if it is necessary or requested by the recipient. |
| (7) | Methods for preparing a work activity plan and the specific details thereof shall be prescribed by Presidential Decree. |
| Article 13 (Providing Employment Assistance Programs) |
| (1) | The Minister of Employment and Labor may provide the following programs (hereinafter referred to as “employment assistance programs”) to ensure recipients improve their willingness to work and their ability to adapt to job settings and acquire skills necessary for job-seeking activities according to their work activity plans: |
| 1. | Various psychological counseling and career counseling programs for providing career motivation; |
| 2. | Vocational training, start-up assistance, support for overseas employment, or work experience programs for developing workplace competencies; |
| 3. | Linkages with various welfare and financial assistance programs for removing poverty, childcare, etc. that stand as obstacles to employment; |
| 4. | Other assistance programs determined by the Minister of Employment and Labor as equivalent to those set forth in subparagraphs 1 through 3. |
| (2) | The Minister of Employment and Labor may link employment and welfare services operated by the State, local governments, or private organizations for the effective operation of employment assistance programs. |
| (3) | The Minister of Employment and Labor may, in providing linkages with various welfare and financial assistance programs under paragraph (1) 3, request cooperation from the Minister of Health and Welfare and the heads of local governments. In such cases, the Minister of Health and Welfare and the heads of local governments, etc. in receipt of such request shall comply with it unless there is a compelling reason not to do so. |
| (4) | Necessary matters regarding the specific details and methods of employment assistance programs shall be prescribed by Ordinance of the Ministry of Employment and Labor. |
| Article 14 (Job Search Assistance Programs) |
| (1) | The Minister of Employment and Labor shall provide programs necessary for job-seeking activities (hereinafter referred to as “job search assistance programs”), which include career planning, resume writing, and interview techniques, according to the work activity plan of each recipient. |
| (2) | Necessary matters regarding the specific details and methods of job search assistance programs shall be prescribed by Ordinance of the Ministry of Employment and Labor. |
| Article 15 (Employment Assistance Service Period and Follow-Up Management) |
| (1) | The period for which an employment assistance service is granted to a recipient (hereinafter referred to as “employment assistance service period”) shall be one year from the date of receipt of the notice of the eligibility determination under Article 10. |
| (2) | If it is acknowledged that a recipient needs to continue to participate in the employment assistance program even after his or her employment assistance service period has ended, the Minister of Employment and Labor may extend such period for an additional six-month period, notwithstanding paragraph (1). |
| (3) | The types of employment assistance programs for which extension of the employment assistance service period is allowable in accordance with paragraph (2), the procedures for such extension, etc. shall be prescribed by Ordinance of the Ministry of Employment and Labor. |
| (4) | For a person who has not been able to find employment even after his or her employment assistance service period (including the period extended in accordance with paragraph (2); hereinafter the same shall apply) ended, the Minister of Employment and Labor may conduct follow-up management such as providing recruit information, during the period determined by Ordinance of the Ministry of Employment and Labor, taking into account his or her employability, challenges in employment, etc. |
| Article 16 (Funding of Work Activity Expenses) |
If an eligible recipient who fails to meet the eligibility requirements for job-seeking encouragement benefits under Article 7 engages in an employment assistance service, the Minister of Employment and Labor may provide part of the money necessary to pay the expenses incurred therein (hereinafter referred to as “work activity expenses”) within the budget, as prescribed by Ordinance of the Ministry of Employment and Labor.
| Article 17 (Payment of Employment Incentives) |
| (1) | If a recipient obtains employment during the period prescribed by Ordinance of the Ministry of Employment and Labor, the Minister of Employment and Labor may pay an incentive (hereinafter referred to as “employment incentive”) to ensure the recipient’s quick transition to and maintenance of the employment. |
| (2) | The requirements, period, and level of payment of an employment incentive shall be determined after deliberation by the Employment Policy Deliberative Committee. |
| (3) | Necessary matters regarding the method and procedure for paying an employment incentive shall be prescribed by Ordinance of the Ministry of Employment and Labor. |
CHAPTER IV GRANTING OF JOB-SEEKING ENCOURAGEMENT BENEFITS
| Article 18 (Payment of Job-Seeking Encouragement Benefits) |
| (1) | If a person who has been determined eligible for job-seeking encouragement benefits under Article 10 participates in the establishment of his or her work activity plan and completes the establishment of such plan, or completes any portions of an employment assistance program or a job search assistance program (hereinafter referred to as “employment or job search assistance program”), the Minister of Employment and Labor shall pay job-seeking encouragement benefits to cover the expenses incurred by the person for job search activities and life stability. |
| (2) | Job-seeking encouragement benefits shall be paid in money. |
| (3) | The specific requirements for the acknowledgment of completion of the portions of an employment or job search assistance program, and verification method therefor shall be prescribed by Presidential Decree. |
| Article 19 (Determination of Payment Levels) |
| (1) | The Minister of Employment and Labor shall determine the amounts to be paid for job-seeking encouragement benefits after deliberation by the Employment Policy Deliberative Council. |
| (2) | The amounts to be paid for job-seeking encouragement benefits shall be determined on a monthly basis. |
| (3) | The Minister of Employment and Labor may create a specialized committee consisting of experts, interested parties, etc. to seek their opinions, before deliberation by the Employment Policy Deliberative Council under paragraph (1). |
| Article 20 (Time Period and Procedure for Payment) |
| (1) | Job-seeking encouragement benefits shall be paid for the portions of an employment or job search assistance program completed by an applicant for employment assistance, for a six-month period from the date of his or her receipt of notice of the eligibility determination under Article 10 (1). |
| (2) | Notwithstanding paragraph (1), the Minister of Employment and Labor may, upon separate application by an eligible recipient, pay job-seeking encouragement benefits for the portions of an employment or job search assistance program he or she has completed, for up to one year from the date of his or her receipt of notice of the eligibility determination under Article 10 (1). In such cases, the total payments of the job-seeking encouragement benefits shall not exceed the total sum of the job-seeking encouragement benefits paid under paragraph (1). |
| (3) | If the payment period is extended in accordance with paragraph (2), the Minister of Employment and Labor may pay the benefits by dividing the monthly payments made under Article 19 (2), in consideration of the payment period. |
| (4) | Job-seeking encouragement benefits shall be paid on a monthly basis. |
| (5) | When a recipient completes the establishment of his or her work activity plan, or is enrolled in an employment or job search assistance program, he or she shall apply for the payment of job-seeking encouragement benefits for each payment period on the date determined by the recipient and the Minister of Employment and Labor during the payment period (hereinafter referred to as “designated date”) either directly with the employment security office or using electronic civil petition processing methods under the Electronic Government Act, by attaching the established work activity plan or the details of the portions that he or she has completed in the employment or job search assistance program: Provided, That in any of the following cases, any delay in the designated date up to seven days is allowed, and if delayed, the payment period under paragraphs (1) and (2) shall be extended by that period: |
| 1. | If the period for the establishment of his or her work activity plan is extended in accordance with the proviso of Article 12 (3); |
| 2. | An interview with a job provider; |
| 3. | Nursing care for an injury or disease of his or her lineal ascendant or descendant; |
| 4. | Other reasons prescribed by Ordinance of the Ministry of Employment and Labor. |
| (6) | A recipient shall submit to the Minister of Employment and Labor the established work activity plan or the details of the portions that he or she has completed in the employment or job search assistance program, on the designated date. |
| (7) | The Minister of Employment and Labor shall determine the payment of job-seeking encouragement benefits for the relevant payment period after checking whether the recipient has completed the establishment of his or her employment activity plan or completed any portions of an employment or job search assistance program. In such cases, if any event prescribed by Ordinance of the Ministry of Employment and Labor occurs, including where the recipient obtains employment during the relevant payment period or the suspension of employment assistance is determined under Article 11 (2), the Minister may determine the payment of job-seeking encouragement benefits after checking the progress of completion of the establishment of his or her employment activity plan or the completed portions of the employment or job search assistance program until the date of occurrence of the relevant event. |
| (8) | Other matters necessary for the payment of job-seeking encouragement benefits shall be prescribed by Ordinance of the Ministry of Employment and Labor. |
| Article 21 (Reporting of Earned Income and Suspension of Payment of Job-Seeking Encouragement Benefits) |
| (1) | When a recipient applies for job-seeking encouragement benefits under Article 20 (5), he or she shall report to the Minister of Employment and Labor any earned income prescribed by Presidential Decree during the relevant payment period, which is generated from providing labor, starting up a business, or receiving subsidies or incentives under other statutes or regulations. |
| (2) | The Minister of Employment and Labor may investigate the generation of earned income provided in paragraph (1) with regard to a recipient during the payment period for job-seeking encouragement benefits. |
| (3) | The Minister of Employment and Labor may, for the investigation under paragraph (2), use data on the recipient's national tax, local tax, health insurance, national pension, employment insurance, industrial accident compensation insurance, etc., or request cooperation from the heads of agencies keeping a record of such data under Article 9 (2). |
| (4) | If the earned income reported by a recipient in accordance with paragraph (1) exceeds the amount of monthly payment under Article 19 (2), the Minister of Employment and Labor shall suspend the payment of job-seeking encouragement benefits for the relevant payment period. In such cases, the job-seeking encouragement benefits for the relevant payment period are deemed paid in the application of Article 20 (1) or (2) to the relevant recipient. |
| (5) | When the payment suspension under paragraph (4) is issued three or more times during the payment period for job-seeking encouragement benefits, the Minister of Employment and Labor shall withdraw the determination of eligibility under Article 10 (1) and cease to provide employment assistance. |
| (6) | When the Minister of Employment and Labor suspends the payment of job-seeking encouragement benefits under paragraph (4) or withdraws the determination of eligibility and ceases to provide employment assistance under paragraph (5), the Minister shall notify the recipient of the fact and reason in writing. |
| Article 22 (Methods of Payment of Job-Seeking Encouragement Benefits) |
| (1) | The Minister of Employment and Labor shall, upon request from a recipient, deposit job-seeking encouragement benefits, work activity expenses, and employment incentives (hereinafter referred to as “job-seeking encouragement benefits, etc.”) into a designated account in the name of the recipient (hereinafter referred to as “benefit payment account”): Provided, That if it is impossible to deposit job-seeking encouragement benefits, etc. into a benefit payment account due to failures of communications networks or other unavoidable reasons prescribed by Presidential Decree, they may be paid in such other manner as prescribed by Presidential Decree. |
| (2) | A financial institution that opens a benefit payment account shall manage such account in a manner that only the job-seeking encouragement benefits, etc. would be deposited into the benefit payment account. |
| (3) | Necessary matters regarding the method and procedure of application under paragraph (1) and the management of benefit payment accounts under paragraph (2) shall be prescribed by Ordinance of the Ministry of Employment and Labor. |
| Article 23 (Prohibition against Seizure) |
| (1) | The right to receive job-seeking encouragement benefits, etc. shall not be transferred, seized, or provided as collateral. |
| (2) | Any claims to deposits in a benefit payment account shall not be seized. |
| Article 24 (Extinctive Prescription) |
| (1) | The right to receive job-seeking encouragement benefits, etc. or to obtain refunds under Article 28 shall be extinguished by prescription, unless it is exercised within three years. |
| (2) | The extinctive prescription under paragraph (1) shall be interrupted at the request of the recipient or the Minister of Employment and Labor. |
| Article 25 (Exemption from Public Charges) |
| Article 26 (Limitations on Payment of Job-Seeking Encouragement Benefits) |
| (1) | If a recipient fails to follow the established work activity plan in the absence of good cause prescribed by Presidential Decree, in violation of Article 12 (5), the Minister of Employment and Labor may suspend the payment of job-seeking encouragement benefits: Provided, That if the recipient fails to follow any part of the employment or job search assistance programs included in the work activity plan, the Minister may pay the job-seeking encouragement benefits by partially reducing the relevant amounts. |
| (2) | The period for which the payment of job-seeking encouragement benefits is suspended or reduced in accordance with paragraph (1) shall be from the date of occurrence of the relevant event to the date of resolution of such event. In this regard, the job-seeking encouragement benefits for the payment period in which the relevant payment suspension or reduction period falls shall be deemed paid, in applying Article 20 (1) or (2) to the relevant recipient. |
| (3) | If the number of times the payment of job-seeking encouragement benefits is suspended under the main clause of paragraph (1) reaches the number prescribed by Presidential Decree, the remaining rights of the recipient to receive the job-seeking encouragement benefits shall lapse as of the date on which the last round of regular payment is suspended. |
| (4) | If the Minister of Employment and Labor suspends the payment of job-seeking encouragement benefits or pays such benefits by partially reducing the relevant amounts in accordance with paragraph (1), the Minister shall notify the recipient of the fact and reason in writing. |
| (5) | Specific details of the standards for partial reduction in the payment of job-seeking encouragement benefits under the proviso of paragraph (1) and the criteria to be included in the number of payment suspensions under paragraph (3) shall be prescribed by Presidential Decree. |
| Article 27 (Limitations on Payment of Job-Seeking Encouragement Benefits Due to Misconduct) |
| (1) | If a recipient has received job-seeking encouragement benefits, etc. by fraud or other improper means, the Minister of Employment and Labor shall not pay the job-seeking encouragement benefits, etc. after the date he or she has received such benefits, etc. and cancel the decision to award the job-seeking encouragement benefits, etc. he or she has received by fraud or other improper means. In such cases, the Minister shall notify the recipient of the non-payment of the job-seeking encouragement benefits, etc. or the cancellation of the decision to award such benefits, etc. in writing. |
| (2) | A recipient who is subject to the cancellation of the decision to award job-seeking encouragement benefits, etc. under paragraph (1) shall not apply for employment assistance during the period prescribed by Presidential Decree, which does not exceed five years from the date on which the decision is rendered. |
| Article 28 (Order of Return) |
| (1) | The Minister of Employment and Labor shall issue an order requiring that a recipient who has received job-seeking encouragement benefits, etc. by fraud or other improper means, and is subject to the cancellation of the decision to award such benefits, etc. under Article 27 (1) return all or any portion of the job-seeking encouragement benefits, etc. he or she has received, as prescribed by Ordinance of the Ministry of Employment and Labor. |
| (2) | When the Minister of Employment and Labor issues an order of return under paragraph (1), he or she may additionally collect an amount equal to or less than the amount of the job-seeking encouragement benefits, etc. the recipient has received by fraud or other improper means, as prescribed by Ordinance of the Ministry of Employment and Labor. |
| (3) | If a person who has received job-seeking encouragement benefits, etc. by fraud or other improper means committed such conduct in collusion with another person, the person engaged in such collusive conduct shall bear joint and several liability under paragraphs (1) and (2) with the person who has received the job-seeking encouragement benefits, etc. |
| (4) | If there is any incorrectly paid job-seeking encouragement benefits, etc., the Minister of Employment and Labor may order a recipient or a person who was a recipient to return such benefits, etc. |
CHAPTER V TERMINATION OF EMPLOYMENT ASSISTANCE AND REQUEST FOR REVIEW AND FURTHER REVIEW
| Article 29 (Termination Date for Employment Assistance and Requirements for Permission of Re-Participation) |
| (1) | The Minister of Employment and Labor shall terminate the grant of the relevant employment assistance service or job-seeking encouragement benefits to a recipient at the time categorized as follows: |
| 1. | If the period set for the employment assistance service expires: The date of expiration of such period; |
| 2. | If the recipient obtains employment or starts a business during the period for the employment assistance service: The date when he or she obtains employment equal to or higher than the standard prescribed by Ordinance of the Ministry of Employment and Labor, or the date when he or she starts a business for profit; |
| 3. | If the recipient is selected as a participant in a project under Article 7 (3) 4: The date when he or she is selected as a project participant; |
| 5. | If the recipient does not re-participate in the employment assistance service in accordance with Article 11 (4): 30 days after the date of expiration of the suspension period for employment assistance, or the date of resolution of the relevant event for suspension; |
| 6. | If the determination of eligibility of the recipient is withdrawn under Article 12 (4): The date of the withdrawal; |
| 7. | If the period for payment of job-seeking encouragement benefits falls on the last round of regular payment: The end date of the period for the last round of regular payment under Article 20 (1) through (4); |
| 8. | If a decision to suspend the last round of regular payment is rendered under Article 26 (3): The date on which the decision to suspend the last round of regular payment is rendered; |
| 9. | Other cases prescribed by Ordinance of the Ministry of Employment and Labor, as equivalent to those set forth in subparagraphs 1 through 8: The date prescribed by Ordinance of the Ministry of Employment and Labor, depending on the relevant case. |
| (2) | Notwithstanding paragraph (1) 4, the Minister of Employment and Labor may continue to provide an employment assistance service for a period not to exceed the period set for the employment assistance service, for those prescribed by Ordinance of the Ministry of Employment and Labor, among recipients of benefits who have ability to work under Article 9 (5) of the National Basic Living Security Act. |
| (3) | If the grant of employment assistance is terminated under paragraph (1), the relevant person may apply for employment assistance under Article 8 only after the lapse of the period prescribed by Presidential Decree, which does not exceed three years from the date of such termination. |
| (4) | If the grant of employment assistance is terminated under paragraph (1), the Minister of Employment and Labor shall notify the eligible recipient or recipient of the fact and reason in writing. |
| Article 30 (Review and Further Review) |
CHAPTER VI SUPPLEMENTARY PROVISIONS
| Article 31 (Implementation of Pilot Projects) |
| (1) | In order to effectively render employment assistance services, the Minister of Employment and Labor may implement a pilot project as prescribed by Ordinance of the Ministry of Employment and Labor, if challenges are expected in full implementation of the services or it is necessary to verify the implementation method in advance. |
| (2) | Necessary matters regarding the target, area and method for implementing a pilot project under paragraph (1) shall be prescribed by Ordinance of the Ministry of Employment and Labor. |
| Article 32 (Building and Operation of Data Network) |
| (1) | The Minister of Employment and Labor may build and operate an information system to efficiently process and electronically record and manage various data or information necessary for operational and management purposes, such as determining eligible recipients, providing employment assistance services, payment and recovery of job-seeking encouragement benefits, etc. (hereinafter referred to as “employment assistance data network”). |
| Article 33 (Applications and Notifications Using Electronic Documents) |
| (1) | Any application or notification under this Act may be made in an electronic document (including submission of data using a data network or computer processing facility; hereafter in this Article the same shall apply), as prescribed by Presidential Decree. |
| (2) | The Minister of Employment and Labor may, if deemed necessary to ensure the effectiveness of this Act, require that an eligible recipient or recipient, or an agency, etc. delegated or entrusted with his or her authority under Article 35 make a report, application, notification, and data submission in an electronic document. |
| Article 34 (Cooperation from Relevant Agencies) |
| (1) | The Minister of Employment and Labor may request submission of related data or other cooperation from the head of a relevant central administrative agency, if necessary to achieve the purpose of this Act, which includes development of policies to provide substantial employment assistance. In such cases, the head of a relevant central administrative agency in receipt of such request shall comply with it unless there is a compelling reason not to do so. |
| (2) | The Minister of Employment and Labor may request cooperation from the head of a local government to ensure smooth and effective implementation of policies under this Act, including employment assistance policies. |
| (3) | The Minister of Employment and Labor may, in order to achieve the purpose of this Act, provide necessary education and support to employees of the relevant agencies who perform duties under this Act. |
| Article 35 (Delegation and Entrustment of Authority) |
| (1) | The Minister of Employment and Labor may delegate part of the authority vested in him or her under this Act to the Special Metropolitan City Mayor, a Metropolitan City Mayor, the Special Self-Governing City Mayor, a Do Governor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu (referring to the head of an autonomous Gu), as prescribed by Presidential Decree. |
| (2) | The Minister of Employment and Labor may entrust the functions relating to requests for providing data and accessing relevant data networks under Article 9 (2) and building and operation of an employment assistance data network under Article 32 to the Korea Employment Information Service established under Article 18 of the Framework Act on Employment Policy. |
| (3) | The Minister of Employment and Labor may entrust part of the functions granted to him or her under this Act to a private institution, such as functions requiring expertise in the private sector in the course of establishing work activity plans or delivering employment or job search assistance programs, as prescribed by Presidential Decree. |
| (4) | The Minister of Employment and Labor may entrust all or part of his or her functions relating to education and support for employees of the relevant agencies under Article 34 (3) to an institution prescribed by Presidential Decree. |
| (5) | A person who has entrusted the functions under paragraph (3) or (4) may request correction or terminate the entrustment contract, if the entrusted person falls under any of the following cases: Provided, That in the case of subparagraph 1 or 2, the entrustment contract shall be terminated: |
| 1. | If the entrusted person obtains the entrustment by fraud or other improper means; |
| 2. | If the entrusted person has received, or seeks to receive, financial or other support by fraud or other improper means; |
| 3. | If the entrusted person performs the functions described in paragraph (3) or (4), in violation of the entrustment contract; |
| 4. | If the entrusted person fails to comply with a request for correction; |
| 5. | Other cases prescribed by Presidential Decree. |
| (6) | Other necessary matters, such as a request for correction and termination of an entrustment contract under paragraph (5), shall be prescribed by Presidential Decree. |
| Article 36 (Legal Fiction as Public Officials for Purposes of Applying Penalty Provisions) |
| Article 37 (Confidentiality) |
A person currently or formerly engaged in the functions described in Article 9 (2) or (4) shall not use any personal information of an eligible recipient or a recipient learned in the course of duty for purposes other than those set forth in this Act, nor divulge or provide such information to any other person or institution.
CHAPTER VII PENALTY PROVISIONS
| Article 38 (Penalty Provisions) |
| (1) | A person who, in violation of Article 37, uses personal information of an eligible recipient or a recipient for purposes other than those set forth in this Act, or divulges any secret learned in the course of duty, shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding 50 million won. |
| (2) | Either of the following persons shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 10 million won: |
| 1. | A person who receives job-seeking encouragement benefits, etc. by fraud or other improper means; |
| 2. | A person who causes another person to receive job-seeking encouragement benefits, etc. by fraud or other improper means. |
| Article 39 (Joint Penalty Provisions) |
| (1) | If the representative of a corporation, or an agent or employee of, or any other person employed by, the corporation or an individual commits any violations described in Article 38 in performing the duties of the corporation or individual, the corporation or individual shall, in addition to punishing the violators accordingly, be punished by a fine prescribed in the relevant Article. |
| (2) | Notwithstanding paragraph (1), the provisions shall not apply if the relevant corporation or individual has not been negligent in giving due attention to and supervision over the relevant duties to prevent such violations. |
ADDENDA <Act No. 17431, Jun. 9, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2021.
Article 2 (Special Cases concerning Assistance to Vulnerable Group in Employment)