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Laws of the Republic of Korea |
EMPLOYMENT INSURANCE ACT
Act No. 4644, Dec. 27, 1993
Amended by Act No. 4826, Dec. 22, 1994
Act No. 5226, Dec. 30, 1996
Act No. 5399, Aug. 28, 1997
Act No. 5514, Feb. 20, 1998
Act No. 5566, Sep. 17, 1998
Act No. 6099, Dec. 31, 1999
Act No. 6124, Jan. 12, 2000
Act No. 6509, Aug. 14, 2001
Act No. 6850, Dec. 30, 2002
Act No. 7048, Dec. 31, 2003
Act No. 7565, May 31`, 2005
Act No. 7705, Dec. 7, 2005
Act No. 8050, Oct. 4, 2006
Act No.8118, Dec. 28, 2006
Act No. 8135, Dec. 30, 2006
Wholly amended by Act No. 8429, May 11, 2007
Act No. 8781, Dec. 21, 2007
Act No. 8959, Mar. 21, 2008
CHAPTER I
General Provisions
Article 1 (Purpose)
The purpose of this Act is, through the enforcement of employment insurance, to seek to prevent unemployment, promote employment and develop and improve the vocational skills of workers, to strengthen the nation s vocationalÂß guidance and job placement capacity and to stabilize the livelihood of workers and promote their job-seeking activities by granting necessary benefits when they are out of work, thereby contributing to the economic and social development of the nation.
Article 2 (Definition)
Terms used in this Act are defined as follows:
1. The term "the insured" refers to workers who are insured or deemed to be insured pursuant to Articles 5 (1) and (2), 6 (1), and 8 (1) and (2) of the Act on the Collection, etc. of Premiums for Employment Insurance and Industrial Accident Compensation Insurance (hereinafter referred to as "the Insurance Premium Collection Act");
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2. The term ßÖseparationß×means the termination of the employment relationship between the insured and the employer;
3. The term ßÖunemploymentß×means the condition in which the insured is out of employment and remains
unemployed in spite of the fact that he/she has the will and ability to work;
4. The term ßÖrecognition of unemploymentß×means that the head of an Employment Security Office recognizes that an eligible recipient prescribed in Article 43 is actively engaging in finding jobs during unemployment;
5. The term ßÖwagesß×means wages under the Labor Standards Act : Provided that, among money and
valuable goods earned during a period of temporary suspension from service or other similar situations, those determined by the Minister of Labor shall be regarded as wages under this Act; and
6. The term ßÖdaily workerß×refers to a person who is employed for less than one month.
Article 3 (Management of Insurance)
The Minister of Labor shall take charge of managing employment insurance (hereinafter referred to as ßÖinsuranceß×). Article 4 (Employment Insurance Activities)
(1) In order to achieve the purpose of Article 1, employment insurance activities (hereinafter referred to as "insurance activities":) shall be conducted in the areas of employment security, vocational skills development, unemployment benefits, child-care leave benefits, maternity leave benefits, etc.
(2) The insurance year for employment insurance activities shall be the same as the fiscal year of the Government. Article 5 (Assistance from State Treasury)
(1) The State may bear a part of the expenses required annually for insurance activities through its general account. (2) The State may bear the expenses required for the management and operation of insurance activities within the limits of its annual budget.
Article 6 (Premium)
(1) The premiums and other charges to be collected to finance the expenses required for insurance activities under this Act shall be subject to the conditions prescribed by the - 647 -
Insurance Premium Collection Act.
(2) The premiums for employment security programs, premiums for vocational skills development programs and premiums for unemployment benefits collected under Article 13 (1) 1 of the Insurance Premium Collection Act shall be appropriated for the expenses required for each of these programs : Provided that premiums for unemployment benefits may be appropriated for child-care leave benefits and maternity leave benefits. Article 7 (Deliberation of Employment Policy Council) Important matters concerning the enforcement of this Act shall be deliberated by the Employment Policy Council (hereinafter referred to as the ßÖEmployment Policy Councilß×). Article 8 (Scope of Application)
This Act shall apply to all businesses or workplaces (hereinafter referred to as "businesses") that hire workers : Provided that it shall not apply to those businesses separately provided for in the Presidential Decree in consideration of their size, industrial characteristics, etc.
Article 9 (Establishment and Termination of Insurance Relationships) The establishment and termination of insurance relationships under this Act shall be subject to the conditions prescribed by the Insurance Premium Collection Act.
Article 10 (Workers Excluded from Application)
This Act shall not apply to workers falling under any of the
following subparagraphs : Provided that this shall not apply to
employment
security projects and vocational skills development
projects for workers described in subparagraph 1 : 1. Those aged 65 or older;
2. Those whose contractual working hours are less than
those prescribed in the Presidential Decree;
3. Government officials under the State Public Officials Act
and the Local Public Officials Act : Provided that public
officials
in special services and contract-based public
officials may subscribe to employment insurance (limited
to CHAPTER IV) of their
own free will under the
conditions prescribed by the Presidential Decree;
4. Those who are subject to the Private School Teachers
Pension Act; and
5. Other persons prescribed in the Presidential Decree.
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Article 11 (Surveys and Research relating to Insurance)
(1) The Minister of Labor may conduct surveys and research
in order to
study the labor market, occupations and vocational
skills development and support insurance-related work.
(2) The Minister of Labor,
if it is deemed necessary, may
entrust part of the functions referred to in paragraph (1) to be
carried out by a person prescribed
in the Presidential Decree.
Article 12 (International Exchange and Cooperation)
The Minister of Labor may carry out exchange and
cooperation programs with international organizations and
governments or agencies of other countries with regard to
insurance activities.
CHAPTER
Management of the Insured
Article 13 (Date of Aquisition of Qualification of the Insured)
The insured shall acquire the qualification of the insured on
the
date they are employed by a business subject to this Act
: Provided that in the following cases, they shall be regarded as
acquiring
the qualification of the insured on the pertinent date :
1. The date this Act begins to apply, if the worker excluded
from application under Article 10 becomes subject to this
Act; and
2. The date of the establishment of the insurance
relationship if the worker was employed before the
establishment of the insurance
relationship pursuant to
Article 7 of the Insurance Premium Collection Act.
Article 14 (Date of Loss of Qualification of the Insured)
The insured lose the qualification of the insured on any of
the following dates:
1. The date they are categorized as such if the insured are
categorized as workers excluded from application under
Article 10;
2. The date of the termination of the insurance relationship
if the insurance relationship is terminated pursuant to
Article 10
of the Insurance Premium Collection Act;
3. The day after the leaving date if the insured leave their
jobs; and
4. The day after the death if the insured die.
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Article 15 (Report, etc. on Qualification of the Insured)
(1) An employer shall report to the Minister of Labor about
his/her workersßÓacquisition,
loss, etc. of the qualification of the
insured as prescribed in the Presidential Decree.
(2) If an original contractor has become
an employer under
Article 9 of the Insurance Premium Collection Act, the
subcontractor described in the following subparagraphs
shall
make a report as prescribed in paragraph (1) with regard to
workers engaged in the business but not employed by the
original
contractor. In this case, the original contractor shall
submit information on the subcontractor to the Minister of
Labor as prescribed
by the Ordinance of the Ministry of Labor :
1. Constructor under subparagraph 5 of Article 2 of the
Framework Act on the Construction Industry;
2. Housing builder under Article 9 of the Housing Act;
3. Constructor under subparagraph 3 of Article 2 of the
Electricity Construction Business Act;
4. Constructor under subparagraph 4 of Article 2 of the
Information and Communications Work Business Act;
5. Fire-fighting system constructor under Article 2 (1) 2 of
the Fire-fighting Service Act; and
6. Businessman engaging in repairing cultural properties
under Article 27 of the Act on the Protection of Cultural
Properties.
(3) If an employer fails to report matters concerning
qualification of the insured under paragraph (1), the worker
concerned may
report these matters as prescribed in the
Presidential Decree.
(4) The Minister of Labor shall inform related persons, such
as the insured person, original contractor, etc., of matters
concerning
the acquisition, loss, etc., of the qualification of the
insured, reported pursuant to paragraphs (1) through (3), as
prescribed
by the Ordinance of the Ministry of Labor.
(5) The employer, original contractor or subcontractor under
paragraph (1) or (2) may
make the report prescribed in the
same paragraph using electronic means prescribed by the
Ordinance of the Ministry of Labor.
(6) The Minister of Labor may provide support, including
necessary equipment, etc., to the employer, original contractor or
subcontractor
who intends to make a report using electronic
means pursuant to paragraph (5), as prescribed by the
Ordinance of the Ministry of
Labor.
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Article 16 (Confirmation of Separation)
(1) When reporting his/her workerßÓs loss of qualification of
the insured pursuant to Article 15 (1), an employer shall, if the
loss of qualification of the insured is due to separation, prepare
and submit documents(hereinafter referred to as the
ßÖconfirmation
documents on separationß×) proving such specific
matters as the unit period of insurance, reasons for separation
and wages, retirement
pay, etc., paid before separation to the
Minister of Labor : Provided that this shall not apply to those
(excluding daily workers)
who have lost the qualification of the
insured but do not want to apply for the recognition of their
eligibility for benefits pursuant
to Article 43 (1).
(2) A person who has lost the qualification of the insured due
to separation may request his/her employer to
issue the
confirmation documents on separation to apply for the recognition
of his/her eligibility for unemployment benefits. In
this case,
the employer receiving the request shall issue the confirmation
documents on separation.
Article 17 (Confirmation of Qualification of the Insured)
(1) The insured or those who were once insured may at any
time request
the Minister of Labor to confirm the acquisition or
loss of their qualification as the insured.
(2) The Minister of Labor shall accept the request made
pursuant to paragraph (1) or confirm, by virtue of his/her
authority, the
acquisition or loss of the qualification of the
insured.
(3) The Minister of Labor shall inform the insured person,
the employer, etc., of the results confirmed under paragraph (2),
as
prescribed in the Presidential Decree.
Article 18 (Restriction on Dual Acquisition of Qualification of the
Insured)
If a worker is employed simultaneously by two or more
businesses with which the insurance relationship has been
established, he/she
shall acquire the qualification of the insured
as a worker of one of the businesses, as prescribed by the
Ordinance of the Ministry
of Labor.
CHAPTER
Employment Security and Vocational Skills
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Development Projects
Article 19 (Implementation of Employment Security and Vocational
Skills Development Projects)
(1) The Minister of Labor shall implement employment
security and vocational skills development projects to prevent
the unemployment
of the insured, those once insured and other
people willing to be employed (hereinafter referred to as "the
insured, etc.), promote
their employment, expand their
employment opportunities, provide opportunities and support
for them to develop and improve vocational
skills, provide
other supports for employment security and to help employers
to secure workforce.
(2) When implementing employment security and vocational
skills development projects pursuant to paragraph (1), the
Minister of
Labor shall give priority to enterprises which meet
the criteria set forth by the Presidential Decree, such as the
number of workers,
measures taken for employment security
and vocational skills development and outcomes thereof.
Article 20 (Support for Employment
Creation)
The Minister of Labor may provide necessary support to
employers who have expanded employment opportunities by
improving employment
environments, changing work
arrangements, etc.. as prescribed in the Presidential Decree.
Article 21 (Support for Employment Adjustment)
(1) If an employer for whom employment adjustment is
unavoidable due to business downsizing, closure or transfer
resulting from
economic fluctuations or changes in industrial
structure temporarily suspends workers from work, provides
vocational skills development
training necessary for their job
transfer, reassigns workers or takes other measures to ensure
their employment security, the Minister
of Labor may provide
necessary support to the employer as prescribed in the
Presidential Decree.
(2) The Minister of Labor may provide necessary support
for employers who take measures for the employment security
of workers
whose employment is insecure, such as by
employing workers separated from jobs due to employment
adjustment under paragraph (1),
as prescribed in the
Presidential Decree.
(3) The Minister of Labor may, in providing the support
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referred to in paragraph (1), give priority to employers who are
engaged in industries or are located in regions prescribed in
Article 26 of the Basic Employment Policy Act.
Article 22 (Promotion of Local Employment)
The Minister of Labor may provide necessary support to
employers who move their businesses to, or begin or expand
businesses in
regions where employment opportunities are
obviously insufficient or employment situations are rapidly
deteriorating due to changes
in industrial structure, etc., thereby
contributing to the prevention of unemployment and promotion
of reemployment and to employers
who take necessary measures
to expand local employment opportunities, as prescribed by the
Presidential Decree.
Article 23 (Employment Promotion for the Aged, etc.)
In order to promote the employment of the aged and others
(hereinafter referred
to as "the aged, etc.ß×) who have special
difficulties in finding employment under the normal conditions
of the labor market, the
Minister of Labor may, under the
conditions prescribed by the Presidential Decree, provide
necessary support to employers who newly
employ the aged,
etc., or take measures necessary for their employment security or
to the workers subject to the employment security
measures taken
by the employers.
Article 24 (Support for Employment Security for Construction
Workers, etc.)
(1) The Minister of Labor may provide necessary support for
an employer who carries out projects described in the following
subparagraphs
for construction workers, etc., in an unstable
employment situation, according to the conditions prescribed in
the Presidential
Decree:
1. Projects to improve employment situations;
2. Employment security projects such as those to provide
opportunities for continued employment; and
3. Other employment security projects prescribed in the
Presidential Decree.
(2) The Minister of Labor may also provide support to
an employers' association in connection with the projects listed
in any of
the subparagraphs of paragraph (1), in cases where it
is difficult for an employer alone to carry out employment
security projects
and prescribed in the Presidential Decree.
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Article 25 (Employment Security and Employment
Promotion)
(1) The Minister of Labor may directly carry out projects
described in the following subparagraphs or provide support or
loans
for necessary expenses to a person who carries out such
projects for the employment security and employment
promotion of the insured,
etc. :
1. Support projects to improve employment, such as
employment management diagnosis;
2. Support projects to promote business start-up by the
insured, etc. ; and
3. Other projects for the employment security and
employment promotion of the insured, etc., which are
prescribed in the Presidential
Decree.
(2) Necessary matters concerning the implementation of
projects and the provision of support and loans to cover
expenses under
paragraph (1) shall be prescribed in the
Presidential Decree.
Article 26 (Support for Employment Promotion Facilities)
The Minister of Labor may, under the conditions prescribed by
the Presidential
Decree, provide necessary support to a person
who establishes and operates counseling facilities, child-care
facilities and other
employment promotion facilities prescribed in
the Presidential Decree, in order to provide support for the
employment security
and employment promotion of the insured,
etc., and the securing of workforce by employers.
Article 27 (Support for Vocational Skills
Development Training
Provided by Employers)
The Minister of Labor may provide support for the expenses
of vocational training to an employer who carries out the
vocational
skills development training prescribed in the
Presidential Decree to develop and improve the vocational skills
of the insured,
etc., under the conditions prescribed in the
Presidential Decree.
Article 28 (Standards, etc. for Support for Expenses)
If the Minister of Labor provides support for expenses to an
employer pursuant
to Article 27, the amount of such support
shall be the one obtained by multiplying the amount of
insurance premiums for employment
security and vocational
skills development projects out of the estimated employment
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insurance premiums (insurance premiums paid for the previous
year in the case of businesses subject to special cases of
collection
under Article 21 of the same Act) of the year concerned
under Article 17 of the Insurance Premium Collection Act, by
the ratio
prescribed in the Presidential Decree, and the limit
thereto shall be prescribed by the Presidential Decree.
Article 29 (Support
for Vocational Skills Development for the
Insured, etc.)
(1) If the insured, etc., receive vocational skills development
training or make other efforts to develop or improve their
vocational
skills, the Minister of Labor may support the
necessary expenses as prescribed in the Presidential Decree.
(2) The Minister of
Labor may, if it is deemed necessary,
conduct vocational skills development training to promote the
employment of the insured,
etc., as prescribed in the Presidential
Decree.
Article 30 (Support, etc., for Vocational Skills Development
Training Facilities)
If it is deemed necessary for the development and improvement of
the vocational skills of the insured, etc., the Minister of Labor
may, under the conditions prescribed by the Presidential Decree,
loan the expenses necessary to install vocational skills
development
training facilities and to purchase the equipment
thereof, and provide support for the expenses necessary to install
other vocational
skills development training facilities determined
by the Minister of Labor and to purchase and operate the
equipment thereof.
Article 31 (Promotion of Vocational Skills Development)
(1) The Minister of Labor may carry out activities described
in the following
subparagraphs to develop or improve the
vocational skills of the insured, etc., or may provide support
for necessary expenses to
a person who carry out the activities
:
1. Technical assistance and evaluation activities relating to
vocational skills development projects;
2. Skill and technology promotion activities and qualification
test activities; and
3. Other activities prescribed in the Presidential Decree.
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(2) The Minister of Labor may, if it is deemed necessary for
the development or improvement of vocational skills or smooth
labor
supply and demand, entrust others to provide vocational
skills development training in the occupations determined by the
Minister
of Labor, under the conditions prescribed in the
Presidential Decree.
Article 32 (Support for Vocational Skills Development of
Construction Workers, etc.)
(1) The Minister of Labor may provide support for
necessary expenses to an employer who implement projects
prescribed in the Presidential
Decree to develop or improve the
vocational skills of workers in unstable employment situations
such as construction workers, etc.
(2) The Minister of Labor may provide support to an
employers' association in connection with the projects
mentioned in paragraph
(1) in cases where it is difficult for an
employer alone to carry out the vocational skills development
projects and where this
is in accordance with the Presidential
Decree.
Article 33 (Provision of Employment Information, Establishment of
Foundation for Employment Support, etc.)
(1) The Minister of Labor may carry out activities for
employers and the insured, etc., such as providing employment
information
on job offers, job seekers, training, etc., offering
vocational guidance including vocational and training
counseling, providing
job placement services, building the
foundation for employment security and vocational skills
development and assigning professional
manpower needed for
this, under the conditions prescribed in the Presidential Decree.
(2) The Minister of Labor may, if it is deemed
necessary,
get the private job counselor prescribed in Article 4-4 of the
Employment Security Act to perform part of the services
under
paragraph (1).
Article 34 (Support for Local Governments, etc.)
If a local government or a not-for-profit cooperation or
organization prescribed in the Presidential Decree carries out
projects
for the employment security, employment promotion
and vocational skills development of the insured, etc., in its
region, the Minister
of Labor may provide necessary support as
prescribed in the Presidential Decree.
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Article 35 (Restriction, etc., on Support due to Fraudulent Acts)
(1) If a person received or intends to receive support for
employment
security and vocational skills development projects
as provided in the provisions of this Chapter in false or other
fraudulent
manners, the Minister of Labor may restrict support
or order a return of support already provided, as prescribed in
the Presidential
Decree.
(2) In the case of ordering a return pursuant to paragraph
(1), the Minister of Labor may, in addition to what has already
been
provided, collect an amount corresponding to or below that
the person fraudulently received, in accordance with the
standards prescribed
in the Ordinance of the Ministry of Labor
: Provided that the provisions of Articles 16 (5) 1 and 25 (4) 1
of the Employee Skills
Development Act shall apply mutatis
mutandis to a person who provides the vocational skills
development training prescribed in
subparagraph 2 of Article 2
of the same Act.
(3) If a person is in arrears with insurance premiums, the
Minister of Labor may not provide support for employment
security and
vocational skills development projects as provided in
the provisions of this Chapter, under the conditions prescribed
by the Minister
of Labor.
Article 36 (Performing Duties by Proxy)
The Minister of Labor may, if it is deemed necessary,
entrust a part of his/her work under Articles 19, 27 through 31
to a person
prescribed in the Presidential Decree.
CHAPTER
Unemployment Benefits
SECTION 1
General Provisions
Article 37 (Types of Unemployment Benefits)
(1) Unemployment benefits are divided into job-seeking
benefits and employment promotion allowances.
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(2) Types of employment promotion allowances are
described in the following subparagraphs :
1. Early reemployment allowances;
2. Vocational skills development allowances;
3. Wide-area job-seeking allowances; and
4. Moving allowance.
Article 38 (Protection of Right to Receive Benefits)
The right to receive unemployment benefits shall neither
be
transferable nor be offered as a security nor be subject to attachment.
Article 39 (Extension of Application Period of Unemployment
Benefits)
When an insured person, who left his/her job before the
age of 65, reaches the age of 65 without job, resulting from the
job loss
concerned, the provisions of this Chapter shall apply
notwithstanding the provisions of subparagraph 1 of Article 10.
SECTION 2
Job-seeking Benefits
Article 40 (Eligibility Requirements for Job-Seeking Benefits)
(1) Job-seeking benefits shall be paid to the insured, in case
where
they have been separated from their post and meet all the
requirements described in the following subparagraphs : Provided
that
the provisions of subparagraphs 5 and 6 shall apply
only to those who were daily workers at the time of final
separation.
1. The unit period of insurance under Article 41 in the 18
months (hereinafter referred to as ßÖbase periodß×) prior
to the date
of separation shall add up to not less than
180 days ;
2. Despite their will and ability to work, the insured shall
be out of employment (including cases where they
operate business for the purpose of making profits. The
same applies in this Chapter) ;
3. The reasons for separation shall not fall under any of the
reasons for restricting eligibility for benefits pursuant to
Article
58;
4. The insured shall actively make efforts to be reemployed;
5. Working days during the one month before applying for
the recognition of eligibility for benefits pursuant to Article
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43 shall be less than 10 days; and
6. If during the 180-day unit period of insurance in a base
period prior to the date of final separation, the insured
have ever
been separated from their post at another
business due to any of the reasons for restricting
eligibility for benefits under Article
58, they shall have
been employed as daily workers for at least 90 days during
the unit period of insurance.
(2) In case an insured person could not get paid their
wages for 30 days or more consecutively during the 18 month
period prior
to the date of separation due to diseases, injuries,
and other reasons prescribed by the Presidential Decree, the
base period(If
the base period exceeds 3 years, it shall be three
years) shall be the one which is calculated by adding the
number of days during
which wages were not paid due to the
reasons concerned to 18 months.
Article 41 (Unit Period of Insurance)
(1) The unit period of insurance shall be obtained by
adding up the total number of days based on which wage
payment was made during
an insured period.
(2) In calculating the unit period of insurance pursuant to
paragraph (1), if benefit eligibility is recognized pursuant to
Article
43 (1) prior to the date of acquiring the qualification of
the insured, the days prior to the date of separation relating to
the
recognition of eligibility for benefits and based on which
wage payment was made shall not be included in the unit
period of insurance.
Article 42 (Report of Unemployment)
(1) A person who intends to be paid job-seeking benefits
shall present himself at an Employment Security Office immediately
after
separation, and shall report unemployment.
(2) The report of unemployment referred to in paragraph (1)
shall include an application for job and an application for the
recognition
of eligibility for benefits referred to in Article 43.
Article 43 (Recognition of Eligibility for Benefits)
(1) A person who intends
to receive job-seeking benefits
shall obtain a recognition from the head of an Employment
Security Office that he/she meets eligibility
requirements to receive
job-seeking benefits (hereinafter referred to as the ßÖeligibility
for benefitsß×) pursuant to subparagraphs
1 through 3, 5 and 6 of
Article 40 (1).
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(2) If the head of an Employment Security Office shall
receive an application for the recognition of eligibility for benefits
pursuant
to paragraph (1), he/she shall decide whether or not
to recognize eligibility for benefits and then notify the applicant
of the
results of the decision.
(3) If the applicant under paragraph (2) meets all the
requirements described in the following subparagraphs, the
recognition of
his/her eligibility for benefits shall be determined
on the basis of business from which the last separation is made
: Provided
that if the applicant was a daily worker whose unit
period of insurance is less than one-month, at the time of the
last separation
and thus is not eligible for benefits, it shall be
determined on the basis of business from which the last
separation is made as
a worker other than a daily worker :
1. He/she shall be separated from employment as an
insured worker before being hired by the business from
which the last separation
is made; and
2. He/she shall not have his eligibility for benefits
recognized in relation to a separation prior to the last
separation.
(4) If a person (hereinafter referred to as the ßÖeligible
recipient ) who obtained the recognition of eligibility for benefits
pursuant to paragraph (2) obtains a new recognition for
eligibility for benefits within the period prescribed in Article 48
and
54, the job-seeking benefits shall be provided on the basis
of the newly recognized eligibility for benefits.
Article 44 (Recognition
of Unemployment)
(1) Job-seeking benefits shall be provided for the days
recognized by the head of an Employment Security Office
as days of unemployment
from among the days when an
eligible recipient has been unemployed.
(2) An eligible recipient who wants to obtain the recognition
of unemployment shall present themselves on a date (hereinafter
referred
to as "date of recognition of unemployment) designated
by the head of an Employment Security Office over the course
of an one-
to four-week period counted from the date of
reporting unemployment under Article 42 and report the efforts
made to be reemployed,
and the head of the Employment
Security Office shall recognize his/her unemployment every day
from the day after the date of the
previous recognition of
unemployment until the date of recognition of unemployment :
Provided that the methods of recognizing unemployment
for a
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person who falls under any of the following subparagraphs
shall be in accordance with the standards prescribed in the
Ordinance
of the Ministry of Labor:
1. Eligible recipients who are receiving vocational skills
development training, etc.;
2. Eligible recipients for whom causes prescribed in the
Presidential Decree, such as natural disasters or mass
unemployment, have
occurred ; and
3. Other eligible recipients prescribed in the Presidential
Decree.
(3) Notwithstanding the provisions of paragraph (2), if an
eligible recipient falls under any of the following
subparagraphs, he/she
may obtain the recognition of
unemployment by submitting a certificate describing reasons
preventing his presence at the Employment
Security Office:
1. In case presence at the Employment Security Office was
impossible due to disease or injury and the period is less
than 7 consecutive
days;
2. In case presence at the Employment Security Office was
impossible due to an interview with a job offerer through
placement service
by the Employment Security Office;
3. In case presence at the Employment Security Office was
impossible in order to receive the vocational skills
development training,
etc., directed by the head of the
Employment Security Office; and
4. In case presence at the Employment Security Office was
impossible due to natural disasters or other unavoidable
causes.
(4) The head of an Employment Security Office shall take
necessary measures prescribed by the Presidential Decree, such
as support
for setting up plans for reemployment activities, job
placement, etc., to promote the employment of eligible
recipients, when recognizing
unemployment pursuant to
paragraph (1). In this case, the eligible recipients shall follow
the measures taken by the head of the
Employment Security
Office unless reasonable causes do exist.
Article 45 (Basic Daily Wages for Benefits)
(1) The amount of daily wages which is the basis for the
calculation of job-seeking benefits (hereinafter referred to as
ßÖbasic
daily wagesß×) shall be the average wages calculated
pursuant to Article 2 (1) 6 of the Labor Standards Act on the
date of the
last separation relevant to the recognition of eligibility
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for benefits referred to in Article 43 (1) : Provided that in case
the worker acquires the qualification of the insured twice or
more in the three months prior to the date of the last
separation, the basic daily wages shall be calculated by dividing
the total
wages paid to the worker concerned for three months
prior to the date of the last separation(in the case of daily
workers, the
first three months of a four-month period prior to
the date of the last separation) by the total number of days in
the three months.
(2) In case the amount of money calculated by the provisions
of paragraph (1) is less than the ordinary wages of the
concerned
worker under the Labor Standards Act, the amount
of his ordinary wage shall be the basic daily wage : Provided
that this shall
not apply to those who were daily workers in
the last workplace at the time of separation.
(3) In case it is difficult to calculate basic daily wages in
accordance with paragraphs (1) and (2), and in case premiums
have
been paid based on the standard wages (hereinafter
referred to as "standard wages") prescribed in Article 3 of the
Insurance Premium
Collection Act, the standard wages shall
become the basic daily wages : Provided that this shall not
apply even in case the premiums
have been paid based on the
standard wages, if the amount of the basic daily wage
calculated pursuant to paragraphs (1) and (2)
is larger than that
of the standard wages.
(4) Notwithstanding the provisions of paragraphs (1) through
(3), in case where the basic daily wages calculated as provided
in
these provisions are less than the amount (hereinafter
referred to as ßÖminimum basic daily wagesß×) calculated by
multiplying
the number of contractual working hours per day
prior to the eligible recipient's separation by the hourly
minimum wages prescribed
by the Minimum Wage Act, which
is applied at the time of separation, the minimum basic daily
wages shall be the basic daily wages.
(5) Notwithstanding the provisions of paragraphs (1) through
(3), in case where the basic daily wages calculated as provided
in
these provisions exceed the wages which are prescribed in
the Presidential Decree in consideration of the purpose of
insurance
and the wage levels of ordinary workers, etc., the
amount of money prescribed in the Presidential Decree shall be
that of basic
daily wages.
Article 46 (Daily Amount of Job-seeking Benefits)
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(1) The daily amount of job-seeking benefits shall be the
amount described in the following subparagraphs :
1. In case of paragraphs (1) through (3) and (5) of Article
45, the amount shall be calculated by multiplying the
basic daily wages
of the eligible recipient concerned by
50/100; and
2. In case of Article 45 (4), the amount shall be
calculated by multiplying the basic daily wages of the
eligible recipient concerned
by 90/100 (hereinafter referred
to as "minimum daily job-seeking benefitsß×).
(2) In case where the daily amount of job-seeking benefits
calculated in accordance with subparagraph 1 of paragraph
(1) is less
than the minimum daily job-seeking benefits, the
minimum daily job-seeking benefits shall be the daily amount of
job-seeking benefits
of the eligible recipient concerned.
Article 47 (Report on Work during Unemployment Period)
(1) In case an eligible recipient has
provided work during
the period (hereinafter referred to as the ßÖPeriod Subject to
Recognition of Unemploymentß×) for which he
wished to obtain the
recognition of unemployment, he/she shall report the fact to the
head of an Employment Security Office.
(2) The head of an Employment Security Office may, if deemed
necessary, investigate whether an eligible recipient has provided
work during the period subject to recognition of unemployment.
Article 48 (Period and Days of Benefit Payment)
(1) Job-seeking benefits, unless otherwise provided in this
Act, shall be provided for not more than the number of days
of benefit
payment prescribed in Article 50 (1), within 12
months from the day following the date of separation relevant
to the recognition
of eligibility for the job seeking benefits.
(2) In case a recipient is unable to find employment due
to pregnancy, childbirth,
child care or other causes provided for
by the Presidential Decree during the 12-month period under
paragraph (1) and reports the
fact to an Employment Security
Office within the period of benefit payment, the job-seeking
benefits shall be paid for not more
than the number of days of
benefit payment prescribed in 50 (1), within the 12-month
period plus the period(4 years in case of
exceeding four years)
during which the recipient could not find employment.
Article 49 (Waiting Period)
Notwithstanding the provisions of Article 44, job-seeking
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benefits shall not be paid for 7 days beginning from the date of
the report of unemployment under Article 42, which is
considered
a waiting period.
Article 50 (Prescribed Number of Benefit Payment Days)
(1) The number of days (hereinafter referred to as the
ßÖprescribed number
of benefit payment daysß×) for which an
eligible recipient is entitled to receive job-seeking benefits shall
be counted beginning
from the day following the end of a
waiting period until it reaches the number of days
determined according to insured period and
age as shown
in the attached Table.
(2) In case an eligible recipient extends a benefit payment
period due to pregnancy, childbirth, child care and other
reasons prescribed
in the Presidential Decree within the number
of benefit payment days pursuant to Article 48 (2), the
payment of job-seeking benefits
shall be deferred for as long as
the extended period.
(3) The insured period referred to in paragraph (1) shall be
the period of employment at the applicable enterprise at the
time
of separation related to the eligibility for benefits (The
period during which he/she is employed as a worker falling
under any
of the subparagraphs of Article 8 shall be excluded;
hereinafter the same shall apply in this Article) : Provided that
in case
the recipient was separated from employment at an
enterprise other than the applicable enterprise and re-acquired
the qualifications
of the insured within one year from the date
of separation, the period of employment at the applicable
enterprise before the separation
shall be included in the insured
period.
(4) In calculating the insured period under the proviso of
paragraph (3), in case the payment of job-seeking benefits was
made
before the qualification of the insured was re-acquired at
the applicable enterprise at the time of separation, the period of
employment
prior to the separation shall not be included in the
insured period for the job-seeking benefits.
(5) In case the date of becoming the insured in a single
insured period is three years earlier than the date of confirming
the
acquisition of the qualification of the insured pursuant to
Article 17, the qualification of the insured shall be considered to
have been acquired three years before the date of the
confirmation and the insured period shall be calculated
accordingly.
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Article 51 (Benefit for Extended Training)
(1) The head of an Employment Security Office may instruct
an eligible recipient to take training if vocational skills
development
training is necessary for re-employment given his/her
age and experience.
(2) The head of an Employment Security Office, instructing
an eligible recipient to take vocational skills development
training
pursuant to paragraph (1), may make an extended
payment of job-seeking benefits in excess of the prescribed
number of benefit payment
days for the days recognized as
days of unemployment during the period of the eligible recipient
receiving the vocational skills
development training concerned. In
this case, the payment period of extended job-seeking benefits
(hereinafter referred to as the
"benefits for extended
training") shall be limited to the period prescribed in the
Presidential Decree.
(3) Training participants and training courses under
paragraph (1) and other necessary matters shall be prescribed in
the Ordinance
of the Ministry of Labor.
Article 52 (Individual Extended Benefit)
(1) The head of an Employment Security Office may, with
respect to an eligible recipient who is particularly difficult to
get employment
and leads a hard life and is prescribed in the
Presidential Decree, make an extended payment of job-seeking
benefits in excess
of the prescribed number of benefit payment
days for the days during which he/she is recognized as being
unemployed.
(2) Job-seeking benefits (hereinafter referred to as the
ßÖindividual extended benefitß×) which are paid for an extended
period
as provided by paragraph (1) shall be paid for a period
prescribed in the Presidential Decree not exceeding 60 days.
Article 53
(Special Extended Benefit)
(1) The Minister of Labor may make an extended payment
of job-seeking benefits not in excess of 60 days for the days for
which
an eligible recipient remains unemployed for a period
exceeding the prescribed number of benefit payment days, in
case where causes
prescribed in the Presidential Decree, such as
sharp increases in unemployment, etc., have occurred : Provided
that the extended
job-seeking benefits shall not be paid to an
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eligible recipient, etc., prescribed in the Ordinance of the
Ministry of Labor, who earns a certain level of income for
livelihood
stability after separation.
(2) The Minister of Labor shall designate a certain period
during which he/she intends to offer extended job-seeking
benefits (hereinafter
referred to as the ßÖspecial extended benefitß×)
as provided by the main text of paragraph (1).
Article 54 (Duration of Extended Benefits and Daily Amount of
Job-Seeking Benefit)
(1) If extended benefits referred to in Article 51 through 53
are paid, the payment duration of the eligible recipient shall
be
calculated by adding the extended number of days of
job-seeking benefits to the payment duration of the eligible
recipient under
the provision of Article 48.
(2) If benefits for extended training referred to in Articles 51
are paid, the daily amount shall be 100/100 of the daily
job-seeking
benefit of the eligible recipient concerned, and if
individual extended benefits or special extended benefits
referred to in Articles
52 and 52 are paid, the daily amount
shall be 70/100 of the daily job-seeking benefit of the eligible
recipient.
Article 55 (Mutual Adjustment, etc., of Extended Benefits)
(1) Extended benefit provided in Articles 51 through 53 shall
be offered
after the termination of the payment of job-seeking
benefit to which the eligible recipient is entitled under the
provisions of
Article 48.
(2) Individual extended benefit and special extended benefit
shall not be offered to an eligible recipient with entitlement to
benefit for extended training unless the payment of benefit for
extended training is terminated.
(3) Either individual extended benefit or special extended
benefit shall not be offered in case where an eligible recipient
who
receives either of them acquires an entitlement to benefit
for extended training.
(4) Individual extended benefit shall not be offered to an
eligible recipient who receives special extended benefit, until the
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payment of the special extended benefit is terminated, and
special extended benefit shall not be offered to an eligible
recipient
who receives individual extended benefit, until the
payment of the individual extended benefit is terminated.
(5) Other matters
necessary for mutual adjustment
between extended benefits shall be prescribed in the Ordinance
of the Ministry of Labor.
Article 56 (Date and Method of Payment)
(1) Job-seeking benefit shall be paid for the recognized
number of days of unemployment under the conditions prescribed
by the
Presidential Decree.
(2) The head of an Employment Security Office shall decide
the date on which job-seeking benefit is to be paid and notify
the eligible
recipient of it.
Article 57 (Unpaid Job-seeking Benefit)
(1) In case an eligible recipient dies and there remains
any unpaid part of job-seeking benefit which should be paid to
the eligible
recipient, the unpaid job-seeking benefit shall be
paid at the request of his/her spouse (including a de facto
spouse), children,
parents, grandchildren, grandparents, or
brothers and sisters who have shared the same livelihood with
the eligible recipient.
(2) For the days no recognition of unemployment is obtained
due to the death of the eligible recipient, such recognition shall
be obtained by a person who requests the payment of unpaid
benefit in accordance with paragraph (1). In this case if the
eligible
recipient falls under paragraph (1) of Article 47, the
person who requests such payment shall report matters
provided by paragraph
(1) of the same Article to the head of
an Employment Security Office.
(3) The order of priority among those eligible to receive
unpaid job-seeking benefit pursuant to paragraph (1) shall be the
same
as that enumerated in the same paragraph. In this case, if
two persons or more have the same priority, one of them shall
be considered
to have requested for all of them, and payment
made to that person shall be considered as payment made to
all.
Article 58 (Restrictions on Eligibility for Benefits due to Causes of
Separation)
(1) Notwithstanding the provisions of Article 40, if the head
of an Employment Security Office recognizes that an insured
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-
person falls under any of the following subparagraphs, the
insured person shall be considered ineligible to receive benefits :
1. In case he/she is an insured person dismissed for reasons
attributable to him/herself and falls under any of the following
items
:
A. In case he/she is sentenced to imprisonment without
prison labor or more severe punishment for violating the
Criminal Act or
laws relating to jobs ;
B. In case he/she caused considerable difficulties to business
or inflicted property damages and falls under the criteria
prescribed
in the Ordinance of the Ministry of Labor ; and
C. In case he/she has been absent from work for a long
time without due notice
and justifiable reasons in violation of
his/her labor contract or employment rules.
2. In case he/she is an insured person separated from
employment for his/her personal reasons and falls under any of
the following
items :
A. In case he/she has left his/her job to transfer to another
job or become self-employed;
B. In case he/she, though not dismissed for reasons
attributable to him/herself under subparagraph 1, is separated
from employment
following the advice of the employer; and
C. In case he/she is separated from employment for reasons
other than the justifiable
reasons prescribed in the Ordinance of
the Ministry of Labor.
Article 59 (Deferment of Job-Seeking Benefit Payment due to
Receipt of Large Amount of Money and Valuables)
(1) Notwithstanding the provision of Article 48 (1), the
payment of job-seeking benefits may be deferred for 3 months
from the
unemployment report date according to the provision
of Article 42 if the eligible recipient(including persons certain to
receive
the payment under the Presidential Decree) received as
retirement pay, etc., money and valuables exceeding the amount
prescribed
in the Presidential Decree in consideration of economic
circumstances etc., at the time of separation.
(2) An eligible recipient for whom the period of the deferment
of job-seeking benefit payment under paragraph (1) ends shall be
considered to have gone through the waiting period prescribed in
Article 49.
(3) The duration of benefit payment for an eligible
recipient whose job-seeking benefit payment is deferred in
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accordance with paragraph (1) shall be calculated by adding 3
months to the duration of benefit for the eligible recipient
concerned
as prescribed by Article 48.
Article 60 (Restrictions on Benefit Payment due to Refusal to
Receive Training, etc.)
(1) In case an eligible recipient refuses to accept the job
introduced by the head of an Employment Security Office or to
receive
the vocational skills development training, etc., designated
by the head of an Employment Security Office, the payment of
job-seeking
benefits shall be suspended under the conditions
prescribed in the Presidential Decree : Provided that if there
are justifiable
reasons described in any of the following
subparagraphs, this shall not apply :
1. In case the job offered or the kind of occupation in
which the vocational skills development training, etc., is
designated, is
not suitable to the ability of the eligible
recipient;
2. In case moving a house is necessary to accept the
employment or to receive the vocational skills development
training, etc.,
but such house moving is difficult;
3. In case the wage level of the offered job falls under the
criteria determined by the Minister of Labor, such as
when it is 20
percent or more lower than that of
ordinary wages for the same kind of occupation or the
same level of skill in the same region; and
4. In case there are other justifiable reasons.
(2) In case an eligible recipient refuses without a justifiable
reason to receive
the vocational guidance for the promotion of
reemployment conducted by the head of an Employment
Security Office in accordance
with the standards set by the
Minister of Labor, the payment of job-seeking benefits shall be
suspended under the conditions prescribed
in the Presidential
Decree.
(3) Whether there are justifiable reasons under the proviso
of paragraph (1) and paragraph (2) shall be decided by the
head of
an Employment Security Office in accordance with the
standards determined by the Minister of Labor.
(4) The suspension period of job-seeking benefit as provided
by the provisions of paragraphs (1) and (2) shall be determined
and
notified by the Minister of Labor, and not exceed one
Month.
Article 61 (Restrictions on Benefit Payment due to Fraudulent Acts)
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(1) In case a person intends to receive or received
unemployment benefits in false or other fraudulent ways,
job-seeking benefit
shall not be paid beginning from the date
on which he/she intends to receive or received the benefits :
Provided that this shall
not apply to job-seeking benefits to
which he/she newly acquires his/her entitlement after
separation related to the benefits.
(2) Notwithstanding the provisions of paragraph (1), in case
the false or other fraudulent ways fall under the reasons
prescribed
by the Presidential Decree, such as failures to fulfill
the obligation to report under Article 47 (1) or false report,
job-seeking
benefits shall not be paid for the recognized
unemployment period. However, in case two or more violations
are committed, the provisions
of paragraph (1) shall be applied.
(3) In case a person who intends to receive or received
unemployment benefits in false or other
fraudulent ways is
denied job-seeking benefits pursuant to paragraph (1) or (2), the
person shall be considered to have received
the job-seeking
benefits concerned in applying Article 50 (3) and (4).
(4) In case a person who intends to receive or received
unemployment benefits in false or other fraudulent ways is
denied job-seeking benefit pursuant to paragraph (1) or (2), the
person
shall be considered to have received the job-seeking
benefits corresponding to the number of days during which the
person is ineligible
to receive the benefits, in applying Article
63 (2).
Article 62 (Return Order, etc.)
(1) The head of an Employment Security Office may order a
person who receives job-seeking benefits in false or other
fraudulent
ways to return all or part of the job-seeking benefits
and may, in addition to this, levy the amount of money
equivalent to or
less than the amount of job-seeking benefit
paid in false or other fraudulent ways in accordance with the
standards determined
by the Minister of Labor.
(2) In case the false or fraudulent ways mentioned in
paragraph (1) are due to false notification, report or certification by
the
employer (including his agent, servant or other employees),
the employer shall take responsibility jointly with the person
who
has received the job-seeking benefits.
(3) In case job-seeking benefits are wrongly paid to an
eligible recipient or a person who was an eligible recipient, the
head
of an Employment Security Office may collect the paid
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amount.
Article 63 (Special Case on Disease, etc.)
(1) In case an eligible recipient becomes unable to take
employment on account of sickness, injury or child birth after
he reported
separation from employment in accordance with
Article 42 and cannot obtain the recognition of unemployment,
an amount equivalent
to the daily job-seeking benefit
(hereinafter referred to as ßÖinjury and disease benefitß×) under
Article 46 may be paid in substitution
for his/her job-seeking
benefit, notwithstanding the provisions of Article 44 (1), at the
request of the eligible recipient : Provided
that the injury and
disease benefit shall not be paid for the period during which the
payment of job-seeking benefit is suspended
pursuant to
paragraphs (1) and (2) of Article 60.
(2) The number of days entitled to injury and disease
benefit shall be limited to the number of days obtained by
subtracting the
number of days for which job-seeking benefit is
paid according to the entitlement from the prescribed number
of benefit payment
days for the eligible recipient. In this case,
the amount of job-seeking benefit corresponding to the number
of days for which
the injury and disease benefit is paid shall
be considered to have been paid in the application of the
provisions of this Act (excluding
the provisions of Articles 61
and 62).
(3) The injury and disease benefit under paragraph (1) shall
be paid on the first day job-seeking benefit has been paid since
the
removal of reasons preventing the recipient from taking
employment (the day decided by the head of an Employment
Security Office,
if there is no day job-seeking benefit is paid):
Provided that the payment may, if deemed necessary, be made
as otherwise prescribed
by the Minister of Labor.
(4) Notwithstanding the provisions of paragraph (1), injury
and disease benefit shall not be paid, if
the eligible recipient is
eligible to receive the compensation for suspension of work
under Article 79 of the Labor Standards Act,
wage
replacement benefits under Article 39 of the Industrial
Accident Compensation Insurance Act or other equivalent
compensation
or benefits prescribed in the Presidential Decree.
(5) With regard to the payment of injury and disease
benefit, the provisions
of Articles 47, 49 and 57 and paragraphs
(1) through (3) of Article 61 and Article 62 shall apply mutatis
mutandis. In this case,
ßÖthe period subject to recognition of
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unemploymentß×in Article 47 shall be considered ßÖthe days for
which the recognition of unemployment cannot be obtainedß×.
SECTION
3
Employment Promotion Allowances
Article 64 (Early Reemployment Allowance)
(1) Early reemployment allowances shall be paid when the
eligible recipient is reemployed in a stable job or does his/her
own business
to make profits and meets the standards
prescribed by the Presidential Decree.
(2) Notwithstanding the provisions of paragraph (1), early
reemployment allowances shall not be paid if the eligible
recipient
has received early reemployment allowances within the
period prescribed by the Presidential Decree, before he/she is
reemployed
in a stable job or does his/her own business to
make profits.
(3) The amount of early reemployment allowances shall be
calculated, in accordance with the standards prescribed by the
Presidential
Decree, based on the proportion of the number of
days for which the payment is not yet made in the prescribed
number of job-seeking
benefit payment days.
(4) In applying this Act (excluding the provisions of Articles
61 and 62) to a person who has received early reemployment
allowances,
job-seeking benefits shall be considered to have been
paid in the amount corresponding to the number of days
obtained by dividing
the amount of early reemployment
allowances by the daily job-seeking benefits under Article 46.
(5) A subsidy may, under the conditions
prescribed in the
Presidential Decree, be paid to a person who reemploys an
eligible recipient on an earlier date so as to shorten
the period
of paying the job-seeking benefits.
Article 65 (Vocational Skills Development Allowance)
(1) Vocational skills development allowances shall be paid for
the period
of vocational skills development training, etc., if the
eligible recipient receives the vocational skills development
training,
etc., designated by the head of an Employment
Security Office.
(2) Notwithstanding the provisions of paragraph (1),
vocational skills development allowances shall not be paid for
the period
during which the payment of job-seeking benefit is
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suspended under paragraphs (1) and (2) of Article 60.
(3) The requirements for and amount of vocational skills
development allowances
shall be prescribed in the
Presidential Decree. In this case, the amount of vocational skills
development allowances may be differently
set for the
vocational skills development training, etc., in the kinds of
occupations recognized and announced as especially essential
by
the Minister of Labor in consideration of the situations of
manpower supply and demand.
Article 66 (Wide-Area Job-Seeking Allowance)
(1) Wide-area job-seeking allowances may be paid if the
eligible recipient engages in job-seeking activities in a wide area
offered
by an Employment Security Office and the head of the
Employment Security Office deems it necessary in accordance
with the standards
prescribed by the Presidential Decree.
(2) The amount of wide-area job-seeking allowances shall be
the expenses normally required
for the job-seeking activities
under paragraph (1), but calculated as prescribed by the
Ordinance of the Ministry of Labor.
Article 67 (Moving Allowance)
(1) Moving allowances may be paid, if the eligible recipient
moves to other places to be employed or to receive the
vocational
skills development training, etc., designated by the
head of an Employment Security Office and the head of the
Employment Security
Office deems it necessary in accordance
with the standards prescribed by the Presidential Decree.
(2) The amount of moving allowances
shall be the expenses
normally required for moving the household of the eligible
recipient, but calculated as prescribed by the
Ordinance of the
Ministry of Labor.
Article 68 (Restrictions on Payment of Employment Promotion
Allowance)
(1) In case a person intends to receive or received
unemployment benefits in false or other fraudulent ways,
employment promotion
allowances shall not be paid beginning
from the date on which he/she intends to receive or received
the said benefits: Provided
that this shall not apply to
employment promotion allowances to which he/she newly
acquires his/her entitlement after separation
related to the
benefits.
(2) Notwithstanding the provisions of paragraph (1), in case
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the false or other fraudulent ways fall under the reasons
prescribed in the Presidential Decree, such as failures to
fulfill the
obligation to report under Article 47 (1) or false
report, the payment of employment promotion allowances shall
not be restricted.
However, in case two or more violations are
committed, the provisions of paragraph (1) shall be applied.
(3) In case a person who
intends to receive or received
unemployment benefits in false or other fraudulent ways is
denied employment promotion allowances
pursuant to
paragraph (1) or (2) and as a consequence denied early
re-employment allowances, the person shall be considered to
have received early re-employment allowances in applying the
provisions of Article 64 (4).
Article 69 (Mutatis Mutandis Application)
The provisions of Article 57 (1) and (3) and Article 62 shall
apply mutatis mutandis to employment promotion allowances.
In this
case, the term "eligible recipientß×in Article 57 (1) shall
be read as ßÖperson eligible for employment promotion
allowancesß×.
CHAPTER V
Child-care Leave Benefit, etc.
SECTION I
Child-care Leave Benefits
Article 70 (Child-care Leave Benefits)
(1) If an insured person who is granted 30 days or more of
child-care leave (excluding a period overlapping with the 90
day-maternity
leave under Article 74 of the Labor Standards
Act) under Article 19 of the Act on Equal Employment and
Support for Work-Family
Reconciliation meets all the
requirements prescribed in the following subparagraphs, the
Minister of Labor shall pay child-care
leave benefits : 1. The unit period of insurance under Article 41 prior to the
beginning date of the child-care leave shall be 180 days
- 674 -
or more in total ;
2. The spouse who is an insured person shall not take
child-care leave(excluding less than 30 days of child-care
leave) for the
same child; and
3. The application shall be made within one month after the
beginning date of the child-care leave or 12 months after
the end of
the child-care leave : Provided that a person
who was not able to apply for child-care leave benefits
within the said period due
to the causes prescribed in the
Presidential Decree shall make the application within 30
days after the causes disappear.
(2) The amount of child-care leave benefits under paragraph
1 shall be prescribed in the Presidential Decree.
(3) Necessary matters
as to the application for and
payment of child-care leave benefits shall be prescribed in the
Ordinance of the Ministry of Labor.
Article 71 (Confirmation of Child-care Leave)
If an employer shall, when an insured person intends to
receive child-care leave benefits pursuant to Article 70,
cooperate actively
on all the procedures such as the
confirmation of the facts as prescribed by the Ordinance of the
Ministry of Labor.
Article 72 (Notification, etc. of Employment)
(1) An insured person who leaves his/her job, finds a new
job (excluding a case where the number of contractual weekly
working
hours is less than 18 ; Hereinafter the same shall
apply in this Chapter) or receives money and goods from an
employer during a
period of child-care leave benefits shall
notify the head of an Employment Security Office of the facts.
(2) The head of an Employment
Security Center may, if
he/she deems it necessary, investigate matters such as job-leaving,
new job take-up etc. of the insured
during a period of
child-care leave benefits
Article 73 (Restriction, etc. on Benefits Payment)
(1) In case an insured person is separated from the business
or finds a new
job during a period of child-care leave benefits,
child-care leave benefits shall not be paid beginning from the
time of job-leaving
or new job take-up.
(2) In case an insured person receives money and goods
from his/her employer on account of child-care leave, child-care
leave benefits
may be paid in an reduced amount as prescribed
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in the Presidential Decree.
(3) Child-care leave benefits shall not be paid to those who
received or intends to receive child-care leave benefits in false
or other fraudulent ways starting from the date of the receipt
of the benefits concerned or the date of intending to receive the
benefits : Provided that in case the person meets newly the
conditions for child-care leave benefits after taking the child-care
leave related to the benefits concerned, the above provision
shall not apply to the child-care leave benefits paid pursuant to
the
new conditions.
Article 74 (Mutatis Mutandis Application)
The provision of Article 62 shall apply mutatis mutandis to
child-care leave benefits. In this case, ßÖjob-seeking benefitsß×shall
be considered as ßÖchild-care leave benefitsß×.
SECTION II
Maternity Leave Benefits, etc.
Article 75 (Maternity Leave Benefits, etc.)
The Minister of Labor shall pay maternity leave benefits,
etc., (hereinafter referred to as "maternity leave benefits, etc.") in
case, pursuant to Article 18 of the Act on Equal Employment
and Support for Work-Family Reconciliation, an insured person
is granted
maternity leave before and after childbirth or
miscarriage or stillbirth leave prescribed in Article 74 of the
Labor Standards
Act and meets all the conditions described in
the following subparagraphs :
1. The total unit period of insurance under Article 41 until
the last day of leave shall be 180 days or more ; and
2. The application shall be made within one month after the
first day of leave (the sixtieth day since the start of leave
in case
of enterprise which fail to meet the criteria set
forth by the Presidential Decree, in terms of the number
of workers, etc. pursuant
to Article 19 (2)) or 12 months
after the last day of leave : Provided that a person who
was not able to make an application for
maternity leave
benefits etc.,during the period mentioned above due to
the causes prescribed in the Presidential Decree shall
make the application within 30 days after the causes
disappear.
- 676 -
Article 76 (Payment Period, etc.)
(1) Maternity leave benefits, etc., under Article 75 shall be
paid in the amount corresponding to the ordinary wages
(calculated
based on the beginning day of leave) under the Labor
Standards Act for the leave period under Article 74 of the
Labor Standards
Act : Provided that in case of enterprises
which fail to meet the criteria set forth by the Presidential
Decree, in terms of the
number of workers, etc., pursuant to
Article 19 (2), the payment period shall be limited to the
number of leave days (up to 30
days) in excess of 60 days.
(2) The amount of maternity leave benefits, etc., paid pursuant
to paragraph (1) may have the maximum
and minimum amount
as prescribed in the Presidential Decree.
(3) Necessary matters as to the application for and payment of
maternity leave benefits, etc., pursuant to paragraphs (1) and (2)
shall be prescribed in the Ordinance of the Ministry of Labor.
Article 77 (Mutatis Mutandis Application)
The provisions of Article 62 and 71 through 73 shall
apply mutatis mutandis to maternity leave benefits, etc. In this
case, ßÖjob-seeking
benefitsß×in Article 62 shall be considered
as ßÖmaternity leave benefits, etc.ß×, and ßÖchild-care leaveß×in Article
71 through
73 as ßÖmaternity leave or miscarriage or stillbirth
leaveß×.
CHAPTER
Employment Insurance Fund
Article 78 (Establishment and Formation of Fund)
(1) The Minister of Labor shall establish the employment
insurance fund (hereinafter referred to as the ßÖfundß×) in order
to finance
the expenses needed for insurance activities.
(2) The fund shall be formed with collected premiums,
reserve funds, profits derived
from the operation of the fund
and other revenues under this Act.
Article 79 (Management and Operation of Fund)
(1) The fund shall be operated and managed by the
Minister of Labor.
(2) Details of the management and operation of the fund
- 677 -
shall be provided by the National Finance Act.
(3) The Minister of Labor shall manage and operate the
fund according to methods prescribed in the following
subparagraphs:
1. Deposits in financial institutions;
2. Deposits in public financial funds;
3. Purchase of securities issued or guaranteed by the State
or local governments or financial institutions;
4. Acquisition and disposal of real estates to carry out
insurance activities or increase the fund; and
5 Other methods to increase the fund prescribed in the
Presidential Decree.
(4) The Minister of Labor shall ensure that earnings from
the management and operation of the fund will exceed a certain
level
prescribed in the Presidential Decree.
Article 80 (Use of Fund)
The fund shall be used for the purposes described in the
following subparagraphs :
1. Expenses needed for employment security and vocational
skills development projects;
2. Payment of unemployment benefits;
3. Payment of child-care leave benefits and maternity leave
benefits, etc.
4. Return of premiums;
5. Repayment of loans and interests; and
6. Contributions to those who carry out by proxy, or are
entrusted with, work under this Act and the Insurance
Premiums Collection
Act; and
7. Other expenses necessary for the enforcement of this Act
and prescribed in the Presidential Decree and expenses
incurred in carrying
out the activities under
subparagraphs 1 and 2.
(2) Necessary matters concerning the payment standards, use
and management of the contributions referred to in
paragraph (6) 1
shall be prescribed by the Presidential
Decree.
(1) The Minister of Labor shall make fund operation plans
each year and the plan shall be approved by the President after
deliberation
at the Employment Policy Council and a cabinet
meeting.
- 678 -
(2) The Minister of Labor shall announce the results of
fund operation after deliberation at the Employment Policy
Council each
year.
Article 82 (Establishment of Fund Account)
(1) The Minister of Labor shall establish an employment
insurance fund account in the Bank of Korea.
(2) The employment insurance fund account under paragraph
(1) shall be managed separately for employment security
and vocational
skills development projects and
unemployment benefits.
Article 83 (Receipts and Disbursements of Fund)
Necessary details related to receipts and disbursements in
the management and operation of the fund shall be prescribed
in the
Presidential Decree.
Article 84 (Reserve Fund)
(1) The Minister of Labor shall reserve a surplus exceeding
expenditures for the year concerned, as a reserve fund to cope
with
mass unemployment or other unstable employment
situations.
(2) The optimum scale of the reserve fund mentioned in
paragraph (1) shall be determined through deliberation at the
Employment
Policy Council.
Article 85 (Treatment of Surplus and Loss)
(1) In case of a surplus as a result of the settlement of
accounts of the fund, it shall be put aside as a reserve fund.
(2) In
case of an amount of loss resulting from the settlement
of accounts of the fund, it shall be compensated using the
reserve fund.
Article 86 (Loan)
In case where there is or is expected to be a lack of funds
for spending, loans may be made from financial institutions, other
funds and other financial resources on the security of the fund.
CHAPTER VII
Request for Examination and Reexamination
Article 87 (Examination and Reexamination)
(1) A person who has an objection to the confirmation of
the acquisition or loss of the qualification of the insured
- 679 -
referred to in Article 17 or to a decision (hereinafter referred to
as "original decision, etc.") on unemployment benefits referred
to
in CHAPTER IV and child-care leave benefits and maternity
leave benefits, etc., referred to in CHAPTER V may make a
request
for examination to the examiner referred to in Article
89, and a person who objects to resulting decisions may make a
request for
reexamination to the appeal committee referred to in
Article 99.
(2) The request for examination prescribed in paragraph (1)
shall be made within 60 days from the day on which it is
known that
a confirmation or decision under the same
paragraph is made and the request for reexamination shall be
made within 60 days from
the day on which it is known that a
decision on the request for examination is made.
(3) As for the interruption of prescription, requests for
examination and reexamination mentioned in paragraph (1),
shall be considered
as requests by trial.
Article 88 (Appointment of Agents)
A person requesting examination or reexamination may
appoint a person falling under any of the following
subparagraphs as an agent
in addition to a legal agent.
1. The spouse, direct ascendents and descendents, or
brothers and sisters of a person making the request;
2. Executives or employees of a corporation making the
request;
3. Lawyers or certified labor affairs consultants; and
4. Persons authorized by the appeal committee pursuant to
Article 99.
Article 89 (Employment Insurance Examiner)
(1) In order to conduct the examination provided for by Article
87, an employment insurance examiner (hereinafter referred to
as
ßÖexaminerß×) shall be assigned.
(2) In case where an examiner receives a request for
examination pursuant to paragraph (1) of Article 87, he/she
shall make a decision
on the request within 30 days: Provided
that where he cannot make the decision within that period for
compelling causes, he may
extend the period once by not more
than 10 days.
(3) The number, qualifications, placement and duty of
examiners shall be prescribed in the Presidential Decree.
(4) In case where
circumstances are such that a party could
- 680 -
hardly expect impartial review and decision from an examiner,
he/she may lodge a motion of challenge against the examiner
with
the Minister of Labor.
(5) In case where the claimant for examination dies and is
an eligible recipient of unemployment benefits and his/her
bereaved
family member is a person other than those referred
to in Article 57, the heir or a person who succeeds to the
rights or interests
relating to an original decision, etc., which
are subject to the request for examination shall succeed to the
status of the claimant
for examination.
Article 90 (Request for Examination, etc.)
(1) The request for examination referred to in paragraph (1)
of Article 87 shall be made to an examiner through the
Employment
Security Office which has made an original
decision, etc.
(2) An Employment Security Office shall send the request for
examination to a competent examiner along with its written
opinion
within 5 days from the date on which it has received
the request.
Article 91 (Mode of Request)
Requests for examination shall be made in writing under
the conditions prescribed by the Presidential Decree.
Article 92 (Correction
and Rejection)
(1) If a request for examination has missed the deadline
referred to in paragraph (2) of Article 87 or if it violates the
methods
prescribed by law and is impossible to correct the
violation, the examiner shall decide to reject the request.
(2) In case where
a request for examination violates the
methods prescribed by law but is possible to correct the
violation, the examiner may set
a reasonable period and order
the claimant for examination to correct the violation within that
period: Provided that if the matters
to be corrected are minor,
the examiner may correct them by virtue of its authority.
(3) If the claimant for examination fails
to correct the
violation within the period under paragraph (2), the examiner
shall decide to reject the request for examination.
Article 93 (Suspension of Execution of Original Decisions)
(1) A request for examination shall not suspend the
execution of an
original decision, etc.: Provided that where it is
deemed urgently necessary in order to avoid serious harm
- 681 -
arising from the execution of an original decision, etc., the
examiner may suspend the execution ex officio.
(2) The examiner shall, where he/she intends to suspend the
execution pursuant to the proviso of paragraph (1), notify the
head
of an Employment Security Office of the causes in writing.
(3) The head of an Employment Security Office shall, upon
receipt of
the notification referred to in paragraph (2), without
delay, suspend the execution.
(4) An examiner shall, if he/she suspended the execution of
an original decision pursuant to paragraph (2), notify in writing,
the fact immediately to the claimant for examination.
Article 94 (Authority of Examiners)
(1) An examiner may, at the request of an claimant for
examination or ex officio, conduct investigations described in
the following
subparagraphs, if it is deemed necessary for
examination :
1. To have the claimant for examination or person concerned
appear at a designated place and inquire or state his/her
opinion;
2. To have the claimant for examination or person concerned
present documents or other materials which may be used
as evidence;
3. To have a third party with professional knowledge and
experience appraise the situation; and
4. To visit the workplace or other places related to the case
and question the employer, employees or other persons
concerned or
inspect documents and other materials.
(2) In case where an examiner undertakes the inquiries and
inspections referred to in paragraph
(1) 4 of this Article, he/she
shall carry a certificate proving his/her authority and show it
to the persons concerned.
Article 95 (Restitution of Actual Expenses)
A person who appears at a designated place pursuant to
Article 94 (1) 1 and an expert who gives an appraisal pursuant
to subparagraph
3. of the same paragraph shall be compensated
for their actual expenses as determined by the Minister of
Labor.
Article 96 (Decision)
An examiner shall cancel all or part of an original decision,
etc., or dismiss all or part of a request for examination when
-
682 -
he/she completes the examination.
Article 97 (Methods of Decision)
(1) The decision under Article 89 shall be made in writing
under the conditions prescribed in the Presidential Decree.
(2) An examiner
shall, if making a decision, send an
original copy of the decision to the claimant for examination
and to the head of the Employment
Security Office who has
made the original decision, etc.
Article 98 (Effect of Decision)
(1) A decision shall take effect on the date on which an
original copy of the decision is sent to the claimant for
examination
and to the head of the Employment Security Office.
(2) The decision shall be binding on the head of the Employment
Security Office
who has made the original decision, etc.
Article 99 (Employment Insurance Appeal Committee)
(1) In order to conduct the reexamination
provided for in
Article 87, the employment insurance appeal committee (hereinafter
referred to as the ßÖappeal committeeß×) shall
be established in
the Ministry of Labor.
(2) The appeal committee shall be composed of 15 members
or fewer including more than one representative from labor and
management
respectively.
(3) Two of the members mentioned in paragraph (2) shall
be standing members.
(4) No person who falls under any of the following
subparagraphs shall be appointed as member:
1. A person who has been declared incompetent, quasi-
incompetent or bankrupt and has not been reinstated; and
2. A person who has been sentenced to a punishment
heavier than imprisonment and for whom three years has
not elapsed since the
completion of the sentence or the
final decision not to execute it.
(5) No member shall be dismissed from office against his
will unless he is sentenced to punishment or it is difficult to
discharge
his duties due to mental breakdown or noticeable lack
of ability.
(6) No standing member shall join a political party or
participate in politics.
(7) The appeal committee shall, upon the receipt of a
request for reexamination pursuant to paragraph (1) of Article
87, make an
adjudication within 50 days. In this case, the
- 683 -
provisions of the proviso of paragraph (2) of Article 89 shall
apply mutatis mutandis with respect to the extension of a
period
of adjudication.
(8) The appeal committee shall have a secretariat office.
(9) Matters necessary for the organization, operation, etc., of
the appeal
committee shall be prescribed in the Presidential
Decree.
Article 100 (Other Party to Reexamination)
The other party to a request for reexamination shall be the
head of the Employment Security Office which has made the
original
decision, etc.
Article 101 (Trial)
(1) The appeal committee shall, upon the receipt of a
request for reexamination, set a trial date and place for the
request and
shall notify them to the parties and to the examiner
who has tried the case 3 days in advance of the trial date.
(2) Either party
may state its opinion in writing or orally
before the appeal committee.
(3) The trial for a request for reexamination shall be made
public: Provided that it may be made non-public upon the
request of
either or both of the parties.
(4) The appeal committee shall draw up a protocol of trial.
(5) Either party or person concerned may make an application
for inspection
of the protocol of trial mentioned in paragraph (4).
(6) The committee shall not, upon the application for inspection
referred
to in paragraph (5) by the party or person concerned,
refuse it without any justifiable causes.
(7) Articles 94 and 95 shall apply mutatis mutandis with
respect to a trial for a request for reexamination. In this case,
"examinerß×,
ßÖrequest for examinationß× and ßÖclaimant for
examinationß×shall be read as ßÖappeal committeeß×, ßÖrequest for
reexaminationß×and
ßÖclaimant for reexaminationß×, respectively.
Article 102 (Applicable Provisions)
The provisions of paragraphs (4) and (5) of Article 89, Articles
91 through 93 and Articles 96 through 98 shall apply mutatis
mutandis
with respect to the appeal committee and reexamination.
In this case, ßÖexaminerß×in paragraph (4) of Article 89, ßÖdecisionß×
in paragraph (4) of Article 89, Article 97 and Article 98, and
ßÖrequest for examinationß×in Articles 91, 93 and 96 shall be
-
684 -
read as ßÖmember of the appeal committeeß×, ßÖadjudicationß×and
ßÖrequest for reexaminationß×, respectively, and ßÖexaminerß×in
Articles 93, 96 and 97 and ßÖclaimant for examinationß×in
Articles 93, 97 and 98 shall be read as ßÖappeal committeeß×and
ßÖclaimant
for reexaminationß×, respectively.
Article 103 (Notification)
In case where the head of an Employment Security Office
makes an original decision, etc., or an examiner sends an
original copy
of a decision pursuant to paragraph (2) of Article
97, he/she shall inform the other party or claimant for
examination whether
a request for examination or reexamination can
be made on the original decision, etc., or the decision, and of
the procedures to
go through in the case of such a request, and
the period of request.
Article 104 (Relation to Other Acts)
(1) An adjudication on a request for reexamination shall, in
applying Article 18 of the Administrative Litigation Act, be
deemed
a ruling on administrative appeals.
(2) Matters which are not provided in this Act with respect
to examination and reexamination shall be governed by the
Administrative
Appeals Act.
CHAPTER VIII
Supplementary Provisions
Article 105 (Prohibition of Disadvantageous Treatment)
An employer shall not dismiss or cause other disadvantages
to a worker for
reason of a request for confirmation as
provided by Article 17.
Article 106 (Mutatis Mutandis Application)
The provisions of Articles 27 through 30, 32, 39, 41 and 42
of the Insurance Premium Collection Act shall apply mutatis
mutandis
to the collection of the charges under this Act.
Article 107 (Extinctive Prescription)
(1) If the rights to receive subsidies, unemployment benefits,
child-care leave benefits, or maternity leave benefits, etc. as
prescribed in Chapters III through V or the rights to get a
refund thereof are not exercised for three years, they shall
- 685
-
become extinctive by prescription : Provided that the right of an
employer to receive subsidies as prescribed in Chapter III,
which
occurs during a period of exemption from paying
insurance premiums pursuant to Article 22-3 of the Insurance
Premium Collection
Act, shall be considered to become
extinctive on the first day of the insurance year immediately
preceding the insurance year to
which the date of joining
insurance belongs.
(2) The provisions of Article 80 of the Industrial Accident
Compensation Insurance Act shall apply mutatis mutandis to
the interruption
of extinctive prescription.
Article 108 (Reports, etc.)
(1) The Minister of Labor may, if deemed necessary, request
an employer who employs or employed the insured or eligible
recipients,
an insurance work service agency (hereinafter referred
to as "insurance work service agency) under Article 33 of the
Insurance
Premium Collection Act, and a person who was an
insurance work service agency to make a report or submit
related documents or request
the presence of related persons,
necessary for the enforcement of this Act, such as the
confirmation of the qualification of the
insured, investigation of
fraudulent receipts, etc.
(2) In order to receive unemployment benefits, those who
are separated from employment may request the insurance work
service agency
handling the insurance work entrusted to it by
their previous or present employer to issue necessary
certificates. In this case,
the employer or the insurance work
service agency shall issue such certificates as requested.
(3) The Minister of Labor may request
the insured, an
eligible recipient or those who request the payment of unpaid
unemployment benefits to make a report or submit
related
documents or request the presence of related persons, necessary
for the enforcement of this Actor, such as the confirmation
of
the qualification of the insured, investigation of fraudulent
receipts, etc.
Article 109 (Investigation, etc.)
(1) The Minister of Labor may, if deemed necessary for the
enforcement of this Act, such as the confirmation of the
qualification
of the insured, investigation of fraudulent receipts,
etc., have his officials question relevant persons or investigate
documents
such as account books at the workplace of an
employer who employs or employed the insured or eligible
- 686 -
recipients, or the office of an insurance work service agency
and a person who was an insurance work service agency.
(2) The Minister
of Labor shall, when conducting an
investigation pursuant to paragraph (1), inform the employer,
etc., of necessary matters for
the investigation, such as the date
and contents of investigation, etc., in advance : Provided that
this shall not apply if the
case is urgent or it is deemed that
advance notification may prevent the achievement of the goals.
(3) An official who conducts
the investigation under paragraph
(1) shall carry with him an identification card showing his
status, and show it to related persons.
(4) The Minister of Labor shall inform the employer, etc., of
the results of the investigation under paragraph (1) in writing.
Article 110 (Requests for Materials)
(1) The Minister of Labor may, if necessary, request related
central administrative agencies, local governments and other
public
bodies, etc., to submit materials for the effective
operation of employment insurance undertaking.
(2) The person who is requested to submit such materials as
provided by paragraph (1) shall comply with such a request
unless there
is a justifiable reason.
Article 111 (Order to Receive Diagnosis)
The head of an Employment Security Office may, if deemed
necessary for the payment of unemployment benefits, order a
person who
falls under Article 44 (3) 1 and obtained or intends
to obtain an unemployment recognition pursuant to paragraph
(2) of the same
Article or a person who received or intends to
receive injury and disease benefits pursuant to Article 63 to
take a medical examination
at a medical institution designated
by the Minister of Labor.
Article 112 (Payment of Reward Money)
(1) The Minister of Labor may pay reward money to a
person who reports fraudulent acts in connection with support
for and entrustment
of employment security and vocational
skills development projects, payment of unemployment benefits,
child-care leave benefits
or maternity leave benefits, etc., within
the limits of budgets.
(2) Necessary matters concerning the report of fraudulent
acts and payment of reward money under paragraph (1) shall
be prescribed
in the Ordinance of the Ministry of Labor.
- 687 -
Article 113 (Special Case on the Self-employed)
Notwithstanding the provisions of Article 8, the
self-employed determined by the Presidential Decree in
consideration of incomes, etc., may be subject to this Act (only
the provisions
of Chapter III) with themselves as the insured as
prescribed by the Insurance Premium Collection Act.
Article 114 (Implementation
of Pilot Activities)
(1) The Minister of Labor may, if difficulties are expected in
across-the-board implementation or it is needed to test
implementation
methods in advance in order to ensure the
effective implementation of insurance activities, implement the
insurance activities
prescribed in the Presidential Decree on a
pilot basis.
(2) The Minister of Labor may provide financial,
administrative, technical and other supports to employers, the
insured, etc., and vocational skills development training facilities
that participate in the activities implemented on a pilot basis
pursuant to paragraph (1).
(3) Necessary matters concerning for whom, where and how
pilot activities are implemented pursuant to paragraph (1) and
details
of support under paragraph (2) shall be determined and
announced by the Minister of Labor.
Article 115 (Delegation or Entrustment of Authority)
The Minister of Labor may delegate a part of his/her
authority as prescribed
by this Act to the head of an Employment
Security Office or entrust it to the persons prescribed by the
Presidential Decree.
CHAPTER IX
Penal Provisions
Article 116 (Penal Provisions)
(1) An employer who dismisses or gives other disadvantageous
treatments to an worker against the provisions of Article 105
shall
be punished by imprisonment of up to three years or by
a fine not exceeding 10 million won.
(2) Those who receive unemployment benefits, child-care
leave benefits and maternity leave benefits, etc., in false or other
-
688 -
fraudulent ways shall be punished by imprisonment of up to
one year or by a fine not exceeding three million won.
Article 117 (Fine
for Negligence)
(1) An employer or the representative, agent, user or other
employees of an insurance work service agency who fall under
any of
the following subparagraphs shall be imposed with a
fine for negligence not exceeding three million won :
1. A person who fails to make a report, or makes a false
report in contravention of Article 15;
2. A person who fails to submit a confirmation document
on separation or submits a false document in contravention
of Article 16
(1);
3. A person who fails to issue a confirmation document on
separation in contravention of the latter part of Article 16
(2):
4. A person who fails to make a report or makes a false
report or who fails to submit a document or submits a
false document, rejecting
the request made pursuant to
paragraph (1) of Article 108;
5. A person who refuses to issue a certificate under paragraph
(2) of Article 108; or
6. A person who fails to reply to questions asked under
subparagraph (1) of 109 or makes a false statement, or a
person who refuses,
obstructs or evades an investigation.
(2) If an insured person, an eligible recipient, or a person
who requests the payment of
unpaid unemployment benefits
falls under any of the following subparagraphs, he/she shall be
imposed with a fine for negligence
not exceeding one million
won:
1. A person who fails to make a report or makes a false
report, a person who fails to submit a document or
submits a false document
or a person who fails to present
him/herself in contravention of an order issued under
paragraph (3) of Article 108; or
2. A person who fails to reply to questions asked under
paragraph (1) of Article 109 or makes a false statement,
or a person who
refuses, obstructs or evades an
investigation.
(3) A person who fails to reply or gives a false reply to
questions asked by an examiner or the appeal committee that
carries out
an examination or a reexamination after receiving a
request for examination or reexamination under Article 87 or a
- 689 -
person who refuses, obstructs or evades an investigation shall
be imposed with a fine for negligence not exceeding one
million
won.
(4) A fine for negligence imposed pursuant to paragraphs
(1) through (3) shall be imposed and collected by the Minister
of Labor
under the conditions prescribed by the Presidential
Decree.
(5) A person who is dissatisfied with the imposition of a
fine for negligence pursuant to paragraph (4) may raise an
objection
against the Minister of Labor within 30 days after
he/she is informed of the imposition.
(6) If a person who is subject to the imposition of a
fine for negligence pursuant to paragraph (4) raises an
objection under paragraph
(5), the Minister of Labor shall notify
this without delay to a competent court, and the competent
court shall, upon receiving
the notification, bring the case of the
fine for negligence to trial under the Procedure in the
Non-Contentious Cases Litigation
Procedure Act.
(7) If neither an objection is made nor is the fine for
negligence paid in the period as referred to in paragraph (5), it
shall
be collected according to the process of recovery of
national taxes in arrears.
Article 118 (Joint Penal Provisions)
(1) If the representative, an agent, a servant or other
employees of a juristic person commits the offense prescribed in
Article
116 in relation to affairs of the juristic person, as well as
punishing the offender, the juristic person shall be punished by
a fine.
(2) If an agent, a servant or other employees of an
individual commits the offense prescribed in Article 116 in
relation to affairs
of the individual, as well as punishing the
offender, the individual shall be punished by a fine.
Addenda
(1) (Enforcement Date)
This Act shall enter into force on the date of its
promulgation : Provided that the amended provision of Article
10 shall take
effect six months after its promulgation.
(2) (Application Case Concerning Increase in Benefit for Extended
Training)
The amended provision of Article 54 (2) shall apply to the
- 690 -
benefits for extended training that are paid for training periods
after the enforcement of this Act.
- 691 -
[Table]
Number of Payment Days of
Job-Seeking Benefit (Relating to Article 50 (1))
(Unit : days)
Insurance Period
year1 1 year 3 3 year 5 5 year 10 year 10
Age at
the time
of
separation
Age 30 90 90 120 150 180
30 age 50 90 120 150 180 210
Age 50 and
the disabled
90 150 180 210 240
NoteThe disabled refer to the individuals prescribed in the Act on
Employment Promotion and Vocational Rehabilitation for the
Disabled.
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