EMPLOYMENT INSURANCE ACT

  • [Amended by Act No. 10895, Jul. 21, 2011]

CHAPTER I General Provisions

Article 1 (Purpose)

The purpose of this Act is to ensure that the employment insurance system operates effectively to prevent unemployment, to promote employment, to develop and improve the vocational skills of employees, etc. to enhance the State's vocational guidance and job placement services, to promote the livelihood security of employees, etc. and job seeking by providing unemployment benefits if employees, etc. become unemployed, thereby contributing to sustained economic and social development.

Enforcement Ordinance

Article 1 (Purpose)

The purpose of this Decree is to prescribe matters mandated by the Employment Insurance Act and matters necessary for the enforcement thereof.

Article 2 (Definitions)

The definitions of the terms used in this Act are as follows:
1. The term “insured” means any of the following persons:
(a) Employees, artists or workers, who are insured or deemed insured under Articles 5 (1) and (2), 6 (1), 8 (1) and (2), 48-2 (1), and 48-3 (1) of the Act on the Collection of Insurance Premiums for Employment Insurance and Industrial Accident Compensation Insurance (hereinafter referred to as "Act on the Collection of Insurance Premiums for Employment Insurance and Industrial Accident Compensation Insurance");
(b) A self-employed person who is insured or deemed to be insured pursuant to Article 49-2 (1) and (2) of the Act on the Collection of Insurance Premiums for Employment Insurance and Industrial Accident Compensation Insurance (hereinafter referred to as "insured self-employed person");
2. The term "job-leaving" means the termination of employment relationship between the insured and the employer (referring to the termination of a contract related to culture and arts services or a labor contract in the case of an artist under Article 77-2 (1) and a worker under Article 77-6 (1));
3. The term "unemployment" means the state of being unemployed despite being able and willing to work;
4. The term "recognition of unemployment" means confirmation by the head of an employment security office that an unemployed person who qualifies as an eligible recipient under Article 43 is actively seeking employment;
5. The term "remuneration" means the amount calculated by subtracting money and valuables prescribed by Presidential Decree from the earned income prescribed in Article 20 of the Income Tax Act: Provided, That money and valuables prescribed and publicly notified by the Minister of Employment and Labor shall be deemed to be remuneration, among those accepted from persons other than a business owner during the period of layoff or under similar conditions;
6. The term "daily hire employee" means a person who is employed for less than one month.

Enforcement Ordinance

Article 1-2 (Money and Valuables Excluded from Remuneration)

"Money and valuables prescribed by Presidential Decree" in subparagraph 5 of Article 2 of the Employment Insurance Act (hereinafter referred to as the "Act") means non-taxable wage and salary income prescribed in subparagraph 3 of Article 12 of the Income Tax Act.

[This Article Newly Inserted on Dec. 31, 2010]

[Previous Article 1-2 Moved to Article 1-3 ]

Article 3 (Management of Insurance)

The Minister of Employment and Labor is responsible for the administration of employment insurance (hereinafter referred to as "insurance").

Article 4 (Insurance Programs)

(1) To achieve the purposes prescribed in Article 1, employment insurance programs (hereinafter referred to as "insurance programs") shall be carried out for employment security and vocational skills development programs, unemployment benefits, child care leave benefits, maternity leave benefits, etc.

(2) The insurance year for insurance programs coincides with the Government's fiscal year.

Article 5 (Assistance from State Treasury)

(1) The State shall appropriate funds from its general account to cover part of the annual costs of insurance programs.

(2) The State may pay for the administrative and operating expenses incurred in operating insurance programs within the budget on an annual basis.

Article 6 (Insurance Premiums)

1) The Act on the Collection of Insurance Premiums for Employment Insurance and Industrial Accident Compensation Insurance shall govern the collection of insurance premiums and other revenues to cover the costs of insurance programs incurred under this Act.

(2) Revenues from insurance premiums for programs covering employment security, vocational skills development, and unemployment benefits collected pursuant to Article 13 (1) 1 of the Act on the Collection of Insurance Premiums for Employment Insurance and Industrial Accident Compensation Insurance shall be allocated to the respective programs: Provided, That the insurance premiums for programs covering unemployment benefits may be allocated to the expenses incurred to support the national pension premiums under Article 55-2 (1), to pay the child care leave benefits under Article 70 (1), to pay the benefits for reduced working hours during the period of child care under Article 73-2 (1), to pay the maternity leave benefits, etc. under Articles 75 and 76-2, or to cover expenses incurred in the payment of maternity benefits, etc. under Articles 77-4 and 77-9.

(3) Notwithstanding paragraph (2), insurance premiums for programs covering employment security, vocational skills development, and unemployment benefits collected from insured self-employed persons pursuant to Article 49-2 of the Act on the Collection of Insurance Premiums for Employment Insurance and Industrial Accident Compensation Insurance shall be allocated to pay expenses incurred to operate programs for the insured self-employed persons: Provided, That the insurance premiums for programs covering unemployment benefits may be allocated to the expenses incurred to support the national pension premiums under Article 55-2 (1) for the insured self-employed persons.

Article 7 (The Employment Insurance Committee)

(1) In order to deliberate on important matters concerning implementation of this Act and the Act on the Collection of Insurance Premiums for Employment Insurance and Industrial Accident Compensation Insurance (limited to matters related with insurance), the Employment Insurance Committee shall be established under the Ministry of Employment and Labor (hereafter referred to as the "Committee" in this Article).

(2) The Committee shall deliberate on the following matters:
1. Matters concerning improvement of an insurance system and insurance programs;
2. Matters concerning the determination of insurance premium rates under the Act on the Collection of Insurance Premiums for Employment Insurance and Industrial Accident Compensation Insurance;
3. Matters concerning evaluation of insurance programs under Article 11-2;
4. Matters concerning establishment of plans for operating funds and the results thereof under Article 81;
5. Other matters the Chairperson deems it necessary to deliberate upon by the Committee in relation to an insurance system and insurance programs.

(3) The Committee shall be comprised of not more than 20 members, including one Chairperson.

(4) The Vice Minister of Employment and Labor shall be the Chairperson of the Committee, and its members shall be appointed or commissioned by the Minister of Employment and Labor from among the following persons in the same number, respectively:
1. Any representative of employees;
2. Any representative of employers;
3. Any representative of the public interest;
4. Any representative of the Government.

(5) The Committee may establish a specialized committee under the Committee in order to review and coordinate matters to be deliberated upon in advance.

(6) Composition and operation of the Committee and other necessary matters shall be prescribed by Presidential Decree.
[This Article Wholly Amended on Dec. 31, 2008]

Enforcement Ordinance

Article 1-3 (Composition of Employment Insurance Committee)

(1) Persons who represent employees and employers referred to in Article 7 (4) 1 and 2 of the Act shall be commissioned by the Minister of Employment and Labor from among those recommended by a national labor union and a nation-wide employers’ association, respectively.

(2) Persons who represent the public interest prescribed in Article 7 (4) 3 of the Act shall be commissioned by the Minister of Employment and Labor from among those with extensive knowledge of and experience in employment insurance and the overall field of employment and labor.

(3) Persons who represent the Government prescribed in Article 7 (4) 4 of the Act shall be appointed by the Minister of Employment and Labor from among the public officials belonging to the Senior Executive Service in the central administrative agency related with employment insurance.
[This Article Newly Inserted on Mar. 12, 2009]
[Moved from Article 1-2; previous Article 1-3 moved to Article 1-4 ]

Enforcement Ordinance

Article 1-4 (Term of Office of Members)

(1) The term of office of a commissioned member specified in Article 7 (4) 1 through 3 of the Act (hereinafter referred to as "commissioned member") shall be two years: Provided, That the term of office of a member filling a vacancy shall be the remainder of his or her predecessors’ term of office.

(2) Even when the term of office under paragraph (1) has expired, a commissioned member may continue to perform duties until his or her successor is commissioned.
(3) Where a commissioned member falls under any of the following cases, the Minister of Employment and Labor may dismiss the member:
1. Where he or she is unable to perform duties due to a physical or mental disability;
2. Where there is a misdeed relevant to his or her duties;
3. Where he or she is deemed inappropriate to be a member due to neglect of duties, injury to dignity, or other causes;
4. Where the member expresses his or her intention that it is difficult to perform his or her duties.
[This Article Newly Inserted on Mar. 12, 2009]
[Title Amended on Dec. 31, 2015]
[Moved from Article 1-3; previous Article 1-4 moved to Article 1-5 ]

Enforcement Ordinance

Article 1-5 (Duties of Chairperson)

(1) The Chairperson of the Employment Insurance Committee prescribed in Article 7 of the Act (hereinafter referred to as the "Committee") shall represent the Committee and exercise general supervision over the affairs of the Committee.

(2) Where the Chairperson is unable to perform his or her duties due to any unavoidable cause, a member designated in advance by the Chairperson shall act on behalf of the Chairperson.
[This Article Newly Inserted on Mar. 12, 2009]
[Moved from Article 1-4; previous Article 1-5 moved to Article 1-6 ]

Enforcement Ordinance

Article 1-6 (Meetings)

(1) The Chairperson shall convene and preside over meetings of the Committee.

(2) A majority of the members of the Committee shall constitute a quorum, and any decision thereof shall require the concurring vote of a majority of those present.
[This Article Newly Inserted on Mar. 12, 2009]
[Moved from Article 1-5; previous Article 1-6 moved to Article 1-7 ]

Enforcement Ordinance

Article 1-7 (Specialized Committees)

(1) The Specialized Committee for Employment Insurance Operation and the Specialized Committee for Employment Insurance Assessment (hereinafter referred to as the "Specialized Committees") shall be established under Article 7 (5) of the Act.

(2) Each Specialized Committee shall be comprised of not more than 15 members, including one Chairperson.

(3) The Chairperson of the Committee shall appoint or commission the Chairperson of a Specialized Committee, from among members of the Committee, and appoint or commission members of a Specialized Committee from any of the following persons:
1. Persons with knowledge and experience in social insurance, such as employment insurance, who are recommended by the labor unions at a national level or employers’ associations at a national level;
2. Persons with sufficient knowledge and experience in social insurance, such as employment insurance;
3. Public officials in Grade III or Grade IV in the central administrative agency related to employment insurance.

(4) The Chairpersons of the Specialized Committees shall file reports to the Committee concerning the results of review and coordination of matters deliberated upon by the Specialized Committees, pursuant to Article 7 (5) of the Act.

(5) Articles 1-4 through 1-6 shall apply mutatis mutandis to the Specialized Committees. In such cases, “Article 7 (4) 1 through 3 of the Act” shall be deemed “Article 1-7 (3) 1 and 2”; “the Minister of Employment and Labor” shall be deemed “the Chairperson of the Committee”; and “Article 1-3 (1) and (2)” shall be deemed “Article 1-7 (3) 1 and 2.”
[This Article Newly Inserted on Mar. 12, 2009]
[Moved from Article 1-6; previous Article 1-7 moved to Article 1-8 ]

Enforcement Ordinance

Article 1-8 (Members in Charge of Surveys and Research)

(1) In order to conduct surveys and research on specialized matters concerning employment insurance, the committee may have not more than 5 members in charge of surveys and research.

(2) Surveys and research members shall be commissioned by the Chairperson of the Committee from those with sufficient knowledge and experience in employment insurance.
[This Article Newly Inserted on Mar. 12, 2009]
[Moved from Article 1-7; previous Article 1-8 moved to Article 1-9 ]

Enforcement Ordinance

Article 1-9 (Requests for Cooperation)

Where deemed necessary for deliberation of agenda items, the Committee or the Specialized Committees (hereinafter referred to as the "Committee, etc.") may hear opinions by requesting relevant administrative agencies or organizations to submit documents or having related persons, such as relevant public officials or specialists, make attendance to state their opinions.
[This Article Newly Inserted on Mar. 12, 2009]
[Moved from Article 1-8; previous Article 1-9 moved to Article 1-10 ]

Enforcement Ordinance

Article 1-10 (Secretary)

The Committee, etc. shall each have one secretary, who shall be appointed by the Chairperson of the Committee from among public officials of the Ministry of Employment and Labor.
[This Article Newly Inserted on Mar. 12, 2009]
[Moved from Article 1-9; previous Article 1-10 moved to Article 1-11 ]

Enforcement Ordinance

Article 1-11 (Allowances of Members)

Allowances and travel expenses may be reimbursed within the budget for members who appear at meetings of the Committee, etc. or submit review comments on the agenda items: Provided, That no allowances and travel expenses shall be reimbursed for members who are public officials directly related to the relevant affairs.
[This Article Newly Inserted on Mar. 12, 2009]
[Moved from Article 1-10; previous Article 1-11 moved to Article 1-12 ]

Enforcement Ordinance

Article 1-12 (Detailed Rules of Operation)

Matters necessary for the operation of the Committee, etc., except as provided in this Decree, shall be determined by the Chairperson of the Committee, subject to the resolution by the Committee.
[This Article Newly Inserted on Mar. 12, 2009]
[Moved from Article 1-11 ]

Article 8 (Scope of Application)

(1) This Act shall apply to every business or workplace employing employees (hereinafter referred to as "employing unit"): Provided, That this Act shall not apply to types of employing units prescribed by Presidential Decree, in view of specific industry characteristics, size, or other factors.

(2) This Act shall apply to employing units provided with labor from artists pursuant to Article 77-2 (1) or workers pursuant to Article 77-6 (1), but the provisions of Chapters I, II, IV, V-2, V-3, VI, VIII, or IX regarding artists or workers shall apply, respectively.

Enforcement Ordinance

Article 2 (Scope of Application)

(1) "Types of employing units prescribed by Presidential Decree" in the proviso of Article 8 (1) of the Act means any of the following projects:
1. An agricultural business, a forestry business, and a fishery business run by any person, other than a juristic person, with a regular workforce of not more than four employees;
2. Any of the following projects: Provided, That any project performed by any person who falls under the subparagraphs of Article 15 (2) of the Act shall be excluded herefrom:
(a) A project for which the total construction costs as defined in Article 2 (1) 2 of the Enforcement Decree of the Act on the Collection of Insurance Premiums for Employment Insurance and Industrial Accident Compensation Insurance (hereafter in this Article referred to as the "Enforcement Decree of the Act on Employment and Industrial Accident Premium Collection") do not exceed 20 million won;
(b) A project for construction of a building with a total floor area of not more than 100 square meters or substantial repair of a building with a total floor area of not more than 200 square meters;
3. Employment activity of households and other unclassified self-consumption and self-production.

(2) The scope of business falling under any of the subparagraphs of paragraph (1) shall be as prescribed in the standard classification of industries as publicly notified by the Commissioner of the Statistics Korea pursuant to Article 22 of the Statistics Act (hereinafter referred to as the "Korean Standard Industrial Classification Table"), except as otherwise provided in the Act or this Decree.

(3) Where a construction project the total construction costs of which were estimated to be less than 20 million won becomes a project worth at least 20 million won because of a change in its design (including cases where there is an actual change in its design) or where the construction project becomes subject to the blanket application pursuant to Article 8 (1) or (2) of the Act on the Collection of Insurance Premiums for Employment Insurance and Industrial Accident Compensation Insurance (hereinafter referred to as the "Act on Employment and Industrial Accident Premium Collection"), all provisions of the Act shall become applicable to such project on the date such event occurs. ]

Article 9 (Establishment and Termination of Insurance Relationship)

The Act on the Collection of Insurance Premiums for Employment Insurance and Industrial Accident Compensation Insurance shall govern the commencement and termination of insurance relationship prescribed in this Act.

Article 10 (Exclusion from Application)

(1) This Act shall not apply to any of the following persons:
1. Deleted;
2. An employee whose contractual working hours in the relevant business are less than the number of hours prescribed by Presidential Decree;
3. A public official prescribed in the State Public Officials Act or the Local Public Officials Act: Provided, That public officials in extraordinary civil service and public officials in a fixed term position prescribed in Article 26-5 of the State Public Officials Act and Article 25-5 of the Local Public Officials Act may purchase employment insurance (limited to Chapter IV) at their own will, as prescribed by Presidential Decree;
4. A person subject to the Pension for Private School Teachers and Staff Act;
5. Any other person prescribed by Presidential Decree.

(2) Chapters IV and V shall not apply to a person who is employed at or over the age of 65 (excluding where a person who has maintained his or her insured status before the age of 65 continues to be employed at or over the age of 65), or commences a business as a self-employed person at or over the age of 65.
[Title Amended on Jun. 4, 2013]

Article 10-2 (Application to Foreign Workers, Artists, and Workers)

(1) This Act shall apply to foreign workers to whom the Act on the Employment of Foreign Workers applies: Provided, That Chapters IV and V shall apply only where a request is made as prescribed by Ordinance of the Ministry of Employment and Labor.

(2) If a foreigner, other than a foreign worker under paragraph (1), enters into an employment contract, a contract related to culture and arts services under Article 77-2 (1), or a labor contract under Article 77-6 (1), this Act shall apply in whole or in part as prescribed by Presidential Decree, taking into account the scope of activities, period of stay, etc. of the status of stay under Article 10 of the Immigration Act.
[This Article Newly Inserted on Jan. 15, 2019]
[Title Amended on Dec. 31, 2022]

Enforcement Ordinance

Article 3 (Employees Exempt from Application)

(1) "Employee whose contractual working hours in the relevant employing unit are less than the minimum number of hours prescribed by Presidential Decree" in Article 10 (1) 2 of the Act means an employee whose contractual monthly working hours are less than 60 hours or whose contractual weekly working hours are less than 15 hours in the relevant employing unit.

(2) Notwithstanding paragraph (1), any of the following employees shall be subject to the application of the Act:
1. An employee who provides labor continuously for at least three months in the relevant employing unit;
2. A daily hire employee.

(3) 'Person prescribed by Presidential Decree' in Article 10 (1) 5 of the Act refers to any of the following persons:
1. An employee of a special post office as defined in the Special Post Offices Act.
2. A worker engaged in businesses related to agriculture, forestry, or fishery that are not corporations and employ no more than four workers on a regular basis. However, a person who applies for employment insurance according to the procedures prescribed by the Ordinance of the Ministry of Employment and Labor may subscribe to employment insurance, provided it is of their own will.

Enforcement Ordinance

Article 3-2 (Purchase of Insurance by Public Officials in Extraordinary Civil Service or Fixed-Term Position)

(1) The head of an administrative agency (hereinafter referred to as "competent agency") who appoints any public official in extraordinary civil service or in a fixed-term position (hereinafter referred to as "public official eligible for employment insurance") shall confirm without delay whether the public official seeks to be insured pursuant to the proviso to Article 10 (1) 3 of the Act when the public official is first appointed to the relevant competent agency.

(2) The head of a competent agency shall file an application for purchase of employment insurance with the Minister of Employment and Labor on behalf of a public official eligible for employment insurance after confirming whether the public official seeks to be insured pursuant to paragraph (1) within three months from the date of appointment: Provided, That the relevant public official may directly apply for purchase during the same period if such public official intends to do so; in such cases, the head of the competent employment security office shall notify the head of the competent agency of such application for purchase.

(3) Where any application for purchase is filed pursuant to paragraph (1) or (2), the public official eligible for employment insurance is deemed to have been insured on the day immediately following the date of application. In such cases, if the insured public official is appointed to another extraordinary civil service or fixed-term position following the change of his or her official status, the public official shall maintain his or her insured status, even if he or she has not applied for additional purchase, separately.

(4) Where an insured public official intends to withdraw from the employment insurance policy, the public official shall apply for withdrawal to the Minister of Employment and Labor. In such cases, the insured public official is deemed to lose his or her insured status on the day immediately following the date of application for withdrawal.

(5) Any person who continues to serve as a public official in an extraordinary service or in a fixed-term position shall not be reinsured and covered by employment insurance after withdrawal from employment insurance under paragraph (4): Provided, That where a public official who withdrew from insurance is reinsured pursuant to the Act and this Decree after the person has resigned from the position of a public official eligible for employment insurance (including cases where he or she has been appointed as a public official, other than a public official in extraordinary service or in a fixed-term position), if the qualifying days in covered employment is calculated under Article 40 (1) 1 of the Act, the number of days in covered employment for which remuneration is paid under Article 41 (1) of the Act, among the previous insured period in service as a public official eligible for employment insurance, shall be summed up, and if an insured period is calculated under Article 50 of the Act, the previous insured period prior to withdrawal shall be counted towards the insured period for calculation prescribed by the same Article.

(6) An insurance premium rate for a public official who has been insured shall be a premium rate of unemployment benefit prescribed in Article 12 (1) 2 of the Enforcement Decree Of The Act On The Collection Of Insurance Premiums, Etc. For Employment Insurance And Industrial Accident Compensation Insurance, and borne equally by the competent agency and the insured public official.

(7) Procedures for subscription to and withdrawal from insurance referred to in paragraphs (1) through (4) shall be prescribed by Ordinance of the Ministry of Employment and Labor.

[This Article Newly Inserted on Sep. 18, 2008]

[Title Amended on Nov. 20, 2013]

Enforcement Ordinance

Article 4 (Agents)

(1) A business owner may appoint an agent to delegate him or her the power to carry out the matters set forth in the Act and this Decree on behalf of the business owner.

(2) A business owner shall, after appointing or dismissing his or her agent, report such fact to the Minister of Employment and Labor, as prescribed by Ordinance of the Ministry of Employment and Labor.

Enforcement Ordinance

Article 5 (Management of Employment Insurance Statistics)

(1) The Minister of Employment and Labor shall systematically control and manage the employment insurance statistics created through surveys and research prescribed in Article 11 of the Act and the management of the employment insurance (hereafter in this Article referred to as "employment insurance statistics").

(2) The Minister of Employment and Labor may hire experts on employment insurance statistics in order to systematically control and manage employment insurance statistics.

(3) Matters necessary for the qualification for, service and remuneration of experts on employment insurance statistics shall be prescribed by the Minister of Employment and Labor.

Enforcement Ordinance

Article 6 (Execution of Projects on Behalf of Minister of Employment and Labor)

(1) The Minister of Employment and Labor may authorize the following institutions or organizations to carry out a project for research on the labor market or a project for surveys and research required for supporting business affairs related to employment insurance (hereinafter referred to as "insurance") on his or her behalf pursuant to Article 11 (2) of the Act:
1. Insurance-related, government-funded research institutes established pursuant to Article 8 of the Act on the Establishment, Operation and Fostering of Government-Funded Research Institutes;
2. The Korea Employment Information Service established pursuant to Article 18 of the Framework Act on Employment Policy;
3. Schools (including affiliated research institutes) established under Article 2 of the Higher Education Act;
4. Other private research institutes that can conduct surveys and research on the labor market, vocation, vocational education and training, and business affairs related to insurance.

(2) When he or she authorizes an institution to carry out business affairs on his or her behalf pursuant to paragraph (1), the Minister of Employment and Labor may subsidize the expenses incurred in conducting surveys, research, management, and operation in relation to the business affairs with the Employment Insurance Fund (hereinafter referred to as the "Fund").

Article 11-2 (Assessment of Insurance Programs)

(1) The Minister of Employment and Labor shall perform a regular and systematic assessment of insurance programs.

(2) In order to ensure professionalism in assessment prescribed in paragraph (1), the Minister of Employment and Labor may request institutions prescribed by Presidential Decree to perform assessment prescribed in paragraph (1).

(3) The Minister of Employment and Labor shall adjust insurance programs by reflecting the results of assessments conducted under paragraphs (1) and (2) or establish plans for operating the Fund in accordance with Article 81.
[This Article Newly Inserted on Dec. 31, 2008]

Enforcement Ordinance

Article 6-2 (Assessment Institutions for Insurance Programs)

(1) "Institutions prescribed by Presidential Decree" in Article 11-2 (2) of the Act means institutions designated by the Minister of Employment and Labor (hereafter in this Article referred to as "assessment institution") from among those falling under each of the following:
1. Government-funded research institutes under the Act on the Establishment, Operation and Fostering of Government-Funded Research Institutes;
2. Public institutions designated and publicly notified under Articles 4 through 6 of the Act on the Management of Public Institutions;
3. Schools falling under subparagraphs 1 through 6 of Article 2 of the Higher Education Act (including their affiliated research institutions);
4. Private research institutes.

(2) The Minister of Employment and Labor may subsidize the expenses incurred by assessment institutions in the performance of duties, within the budget.

(3) The assessment institutions may request proxy institutions or entrusted institutions prescribed in Articles 6 (1), 57 (1), and 145 (2) through (6) to submit data necessary to perform assessment.

(4) Matters necessary for specific work, designated period, etc. of an assessment institution shall be determined and publicly notified by the Minister of Employment and Labor.
[This Article Newly Inserted on Mar. 12, 2009]

Article 12 (International Exchange and Cooperation)

The Minister of Employment and Labor may operate exchange and cooperation programs in relation to insurance programs with international organizations and foreign governments or institutions.

Article 11 (Insurance-Related Survey and Research)

(1) The Minister of Employment and Labor may conduct surveys and research projects to assist research on the labor market, occupations, and vocational skills development and insurance-related operations.

(2) If deemed necessary, the Minister of Employment and Labor may authorize a person specified by Presidential Decree to conduct some of the activities prescribed in paragraph (1) on his or her behalf.

Enforcement Ordinance

Article 3-3 (Scope of Application of the Act to Foreigners)

The scope of application of the Act to foreigners under Article 10-2 (2) of the Act shall be classified as follows:
1. Any of the following foreigners who have signed an employment contract, among foreigners under Article 10-2 (2) of the Act: Applying all provisions of the Act:
(a) A person who holds the status of stay for intra-company transfer (D-7), corporate investment (D-8), or trade/management (D-9) (excluding where the laws of a foreigner's home country, which are relevant to premiums and benefits of insurance equivalent to the employment insurance under the Act, are not applicable to nationals of the Republic of Korea) among the status of stay granted to foreigners prescribed in Article 12 of the Enforcement Decree of the Immigration Act;
(b) A person who holds the status of permanent residence (F-5) among the status of stay granted to foreigners prescribed in Article 12-2 of the Enforcement Decree of the Immigration Act;
(c) A person who falls under any of the subparagraphs of Article 23 (2) of the Enforcement Decree of the Immigration Act;
2. Any of the following foreigners who have signed an employment contract, among foreigners under Article 10-2 (2) of the Act: Applying all provisions of the Act, if the foreigner has filed an application for subscription to insurance as prescribed by Ordinance of the Ministry of Employment and Labor:
(a) A person who holds the status of stay as an overseas Korean (F-4) among the status of stay granted to foreigners prescribed in Article 12 of the Enforcement Decree of the Immigration Act;
(b) A person who holds the status of stay that entitles him or her to engage in job-seeking activities under Article 23 (1) of the Enforcement Decree of the Immigration Act.
3. Any of the following foreigners who have entered into a contract related to culture and arts services under Article 77-2 (1) of the Act (hereinafter referred to as "contract related to culture and arts services") (hereinafter referred to as "foreign artist") or who have entered into a contract for providing labor under Article 77-6 (1) of the Act (hereinafter referred to as "labor contract") (hereinafter referred to as "foreign worker"), among foreigners under Article 10-2 (2) of the Act: Applying provisions regarding artists or workers prescribed in Chapter I, II, IV, V-2, V-3, VI, VIII, or IX of the Act:
(a) A person who holds the status of permanent residence (F-5) among the status of stay granted to foreigners prescribed in Article 12-2 of the Enforcement Decree of the Immigration Act;
(b) Any person specified in the subparagraphs of Article 23 (2) of the Enforcement Decree of the Immigration Act;
4. Any of the following foreigners who are either a foreign artist or a foreign worker, among foreigners under Article 10-2 (2) of the Act: Applying provisions regarding artists or workers prescribed in Chapter I, II, IV, V-2, V-3, VI, VIII, or IX of the Act, if the foreigner has filed an application for subscription to insurance as prescribed by Ordinance of the Ministry of Employment and Labor:
(a) A person who holds the status of stay as an overseas Korean (F-4) among the status of stay granted to foreigners prescribed in Article 12 of the Enforcement Decree of the Immigration Act;
(b) A person who holds the status of stay that entitles him or her to engage in job-seeking activities under Article 23 (1) of the Enforcement Decree of the Immigration Act.
[This Article Newly Inserted on Jun. 25, 2019]
[Title Amended on Jun. 27, 2023]

CHAPTER Ⅱ Management of Insured Persons

Article 13 (Date of Acquisition of Insured Status)

(1) An insured employee shall acquire insured status as of the first day of employment with an employing unit subject to this Act: Provided, That he or she shall be deemed to acquire such status on each relevant date in either of the following cases:
1. Where this Act becomes applicable to an employee who has been excluded from application under Article 10 or 10-2, the date this Act becomes applicable to such employee;
2. An employee who was employed before commencement of insurance under Article 7 of the Act on the Collection of Insurance Premiums for Employment Insurance and Industrial Accident Compensation Insurance acquires insured status as of the effective date of commencement of insurance.

(2) An insured self-employed person shall acquire his or her insured status on the date the insurance becomes effective pursuant to subparagraph 3 of Article 7 of the Act on the Collection of Insurance Premiums for Employment Insurance and Industrial Accident Compensation Insurance, which is applied mutatis mutandis pursuant to Article 49-2 (1) and (12) of that Act.

Article 14 (Date of Loss of Insured Status)

(1) An insured employee shall lose his or her insured status on any of the following dates:
1. The date he or she becomes excluded from application under Article 10 or 10-2;
2. Where an insurance relationship ceases, the date the insurance relationship ceases under Article 10 of the Act on the Collection of Insurance Premiums for Employment Insurance and Industrial Accident Compensation Insurance;
3. Where he or she leaves a job, the date following the date of job-leaving;
4. Where he or she dies, the date following the date of death.

(2) Notwithstanding paragraph (1), an insured self-employed person shall lose his or her insured status on the date the insurance relationship ceases pursuant to subparagraphs 1 through 3 of Article 10 of the Act on the Collection of Insurance Premiums for Employment Insurance and Industrial Accident Compensation Insurance, which are applied mutatis mutandis pursuant to Article 49-2 (10) and (12) of that Act.

Article 15 (Reporting on Insured Status)

(1) Business owners shall report to the Minister of Employment and Labor any change in their employees' insured status, such as attainment or loss thereof, as prescribed by Presidential Decree.

(2) With respect to an employee who works for a subcontractor, but whose business owner is a primary contractor, as prescribed in Article 9 of the Act on the Collection of Insurance Premiums for Employment Insurance and Industrial Accident Compensation Insurance, any of the following subcontractors shall file a report pursuant to paragraph (1). In such cases, the primary contractor shall submit to the Minister of Employment and Labor data on the subcontractor, as prescribed by Ordinance of the Ministry of Employment and Labor:
1. A constructor prescribed in subparagraph 7 of Article 2 of the Framework Act on the Construction Industry;
2. A housing construction business operator prescribed in Article 4 of the Housing Act;
3. A constructor prescribed in subparagraph 3 of Article 2 of the Electrical Construction Business Act;
4. An information and communications construction business operator prescribed in subparagraph 4 of Article 2 of the Information and Communications Construction Business Act;
5. A firefighting system business operator prescribed in Article 2 (1) 2 of the Firefighting System Installation Business Act;
6. A national heritage repair business operator prescribed in Article 14 of the Act on National Heritage Maintenance.

(3) If a business owner fails to report the insured status prescribed in paragraph (1), any employee may report, as prescribed by Presidential Decree.

(4) Upon receipt of a report filed under paragraphs (1) through (3), the Minister of Employment and Labor shall notify the interested persons, including the insured employee and the primary contractor, of reported information, such as attainment or loss of insured status, as prescribed by Ordinance of the Ministry of Employment and Labor.

(5) Any business owner, primary contractor, or subcontractor referred to in paragraph (1) or (2) may file a report prescribed in paragraph (1) or (2) by electronic means prescribed by Ordinance of the Ministry of Employment and Labor.

(6) The Minister of Employment and Labor may provide a business owner, primary contractor, or subcontractor who wishes to report electronically pursuant to paragraph (5) with necessary equipment, etc., as prescribed by Ordinance of the Ministry of Employment and Labor.

(7) Notwithstanding paragraph (1), no insured self-employed person may file any report on the acquisition and loss of his or her insured status.

Enforcement Ordinance

Article 7 (Reporting of Acquisition or Loss of Insured Status)

(1) Each business owner or subcontractor who is obligated to file a report on matters concerning the acquisition or loss of insured status of an employee employed to engage in the business with the Minister of Employment and Labor pursuant to Article 15 of the Act shall file such report by no later than the fifteenth day of the month immediately following the month during which such event occurs (without delay, if the relevant employee demands that he or she file such report earlier than the above-stated deadline). In such cases, a report on the acquisition or loss of insured status shall be deemed to have been filed where the relevant business owner or subcontractor has filed, with the Minister of Employment and Labor, a report on confirmation of details of employment, including the number of days for which a daily hire employee employed during the pertinent month had provided service and the wages paid to such employee by no later than the fifteenth day of the month immediately following the month during which such event occurs.

(2) Each business owner who has filed a report on the commencement or termination of his or her business pursuant to Article 11 (3) of the Act On The Collection Of Insurance Premiums, Etc. For Employment Insurance And Industrial Accident Compensation Insurance shall file a report on the acquisition or loss of insured status with the Minister of Employment and Labor within the deadline prescribed in paragraph (1).

(3) Deleted.

(4) Deleted

Enforcement Ordinance

Article 8 (Reporting of Insured Status by Employee)

Each employee who files a report on the acquisition or loss of insured status and other matters as set forth in Article 15 (3) of the Act shall submit a document proving the employment relationship exists, such as employment contract.

Enforcement Ordinance

Article 9 (Report on Transfer of the Insured)

If an employer transfers the insured from his/her one business to another, he/she shall report this to the Minister of Employment and Labor within 14 days of the transfer date. [Amended by Presidential Decree No. 22269, Jul. 12, 2010]

Enforcement Ordinance

Article 10 (Reporting Change of Name and Other Details of the Insured)

(1) A business owner shall, when an insured has his or her name or resident registration number changed or corrected, file a report thereon with the Minister of Employment and Labor within 14 days of the date of such change or correction.

(2) Where the recipient prescribed in the latter part of Article 113-2 (1) of the Act has his or her status changed from the recipient who is a person eligible for livelihood benefits under Article 8 (2) of the National Basic Living Security Act (hereafter in this Article referred to as "recipient who is a person eligible for livelihood benefits") to another type of recipient, or from another type of recipient to a recipient who is a person eligible for livelihood benefits, the guarantee institutions or the entrusting institutions referred to in the latter part of Article 113-2 (1) of the Act shall report such change to the Minister of Employment and Labor within 14 days of the date of such change.

Article 16 Deleted.

Article 17 (Verification of Insured Status)

(1) Any person who is or was insured is entitled to request the Minister of Employment and Labor to verify the loss or attainment of insured status at any time.

(2) The Minister of Employment and Labor shall verify the loss or attainment of insured status upon receipt of such request under paragraph (1) or ex officio.

(3) The Minister of Employment and Labor shall notify the interested persons, including the person who has filed the request for verification and the business owner, of the results of verification conducted under paragraph (2), as prescribed by Presidential Decree.

Enforcement Ordinance

Article 11 (Request for and Notice of Confirmation)

(1) If he or she intends to confirm the acquisition or loss of his or her insured status pursuant to Article 17 (1) of the Act, any current or former insured shall request such confirmation from the Minister of Employment and Labor.

(2) The Minister of Employment and Labor shall, pursuant to Article 17 (3) of the Act, give notice of the results of such confirmation of the acquisition or loss of insured status to the person who has requested such confirmation and to the business owner or subcontractor who currently employs, or previously employed, the requesting person.

Article 18 (Criteria for Acquiring Insured Status)

(1) If an employee under subparagraph 1 (a) of Article 2 is simultaneously employed in two or more businesses where an insurance relationship has been established, the employee shall acquire insured status for one of the businesses, as prescribed by Presidential Decree.

(2) A person who falls under both subparagraph 1 (a) and (b) of Article 2 at the same time shall acquire insured status as an employee, artist, or worker under item (a) of that subparagraph: Provided, That if the insured under subparagraph 1 (a) of Article 2 falls under any of the following, he or she shall select one insured status under either item (a) or (b) of that subparagraph to obtain or maintain the insured status:
1. A daily hire employee;
2. A short-term artist under the proviso of Article 77-2 (2) 2;
3. A short-term worker under the proviso of Article 77-6 (2) 2.

(3) Notwithstanding paragraph (2), a person who falls under both subparagraph 1 (a) and (b) of Article 2 at the same time may acquire or maintain all insured statuses under items (a) and (b) of that subparagraph according to his or her own will.

(4) If an artist or worker under subparagraph 1 (a) of Article 2 simultaneously provides work or labor in two or more businesses where an insurance relationship has been established, he or she shall acquire insured status, as prescribed by Presidential Decree.
[This Article Wholly Amended on Dec. 31, 2022]

Enforcement Ordinance

Article 11-2 (Standards for Acquisition of Insured Status)

(1) An employee who is concurrently employed by at least two covered employing units as prescribed in Article 18 (1) of the Act shall acquire insured status in the following order: Provided, That in cases of concurrent employment as a daily hire employee and as a non-daily hire employee, priority shall be given to the employing unit where such employee is employed as a non-daily hire employee for the acquisition of the insured status:
1. An employing unit that pays higher average monthly remuneration under Article 16-3 of the Act on Employment and Industrial Accident Premium Collection (in cases of an employee for whom subsidies for employee retention under Article 21-3 have been granted, referring to the average monthly remuneration calculated based on the total remuneration for the year immediately preceding the year in which the payment of the subsidies began);
2. An employing unit with more contractual monthly working hours;
3. An employing unit chosen by the employee.

(2) Where an artist under Article 77-2 (1) of the Act (hereinafter referred to as "artist") has concurrently entered into an employment contract, a contract related to culture and arts services, or a labor contract with at least two covered employing units as prescribed in Article 18 (4), he or she shall acquire insured status as follows:
1. Where the artist has concurrently entered into at least two contracts related to culture and arts services, he or she shall acquire insured status from all employing units;
2. Where the artist has entered into a contract related to culture and arts services concurrently with an employment contract or a labor contract, he or she shall acquire insured status from all employing units;
3. Where the artist has entered into a contract related to culture and arts services concurrently with at least two employment contracts, subparagraphs 1 and 2 shall apply, and paragraph (1) shall apply to the limitation on dual acquisition of insured status as an employee.

(3) Where a worker under Article 77-6 (1) of the Act (hereinafter referred to as "worker") has concurrently entered into an employment contract, a contract related to culture and arts services, or a labor contract with at least two covered employing units as prescribed in Article 18 (4) of the Act, he or she shall acquire insured status as follows:
1. Where the worker has concurrently entered into at least two labor contracts, he or she shall acquire insured status from all employing units;
2. Where the worker has entered into a labor contract concurrently with an employment contract or a contract related to culture and arts services, he or she shall acquire insured status from all employing units;
3. Where the worker has entered into a labor contract concurrently with at least two employment contracts; subparagraphs 1 and 2 shall apply, and paragraph (1) shall apply to the limitation on dual acquisition of the insured status as an employee.
[This Article Newly Inserted on Jun. 27, 2023]

CHAPTER Ⅲ Employment Security and Vocational Skills Development Projects

Article 19 (Implementation of Employment Security and Vocational Skills Development Programs)

(1) The Minister of Employment and Labor shall implement programs for employment security and vocational skills development to prevent unemployment, promote employment, increase employment opportunities, provide opportunities to develop and improve vocational skills and assistance therefor, and otherwise improve employment security for the benefit of employees who are or were insured or persons who have intention to find jobs (hereinafter referred to as "insured employees, etc.") and to provide assistance for securing workforce for the benefit of business owners.

(2) In implementing such programs for employment security and vocational skills development prescribed in paragraph (1), the Minister of Employment and Labor shall give priority to enterprises (hereinafter referred to as "enterprise eligible for priority support") that satisfy the standards prescribed by Presidential Decree, such as requirements for the number of employees and actions taken and outcomes achieved for employment security and vocational skills development.

Enforcement Ordinance

Article 12 (Scope of Preferentially Supported Enterprises)

(1) "Enterprises that meet the standards prescribed by Presidential Decree" in Article 19 (2) of the Act means any enterprise whose number of regular workforce meets the standard listed in attached Table 1 provided separately for each industry (hereinafter referred to as "enterprise eligible for priority support"):
1. Deleted;
2. Deleted;
3. Deleted;
4. Deleted;
5. Deleted.

(2) Notwithstanding paragraph (1), an enterprise that does not fall under paragraph (1) but meets the standards referred to in Article 2 (1) or (3) of the Framework Act on Small and Medium Enterprises shall be deemed an enterprise eligible for priority support.

(3) Where an enterprise eligible for priority support prescribed in paragraph (1) loses its eligibility for priority support due to expansion in its size or other grounds, the enterprise shall be construed as an enterprise eligible for priority support for five years from the year immediately following the year in which such cause arises.

(4) Notwithstanding paragraphs (1) through (3), a company that belongs to the conglomerates designated as those subject to the restrictions on mutual investments pursuant to Article 31 (1) of the Monopoly Regulation and Fair Trade Act shall not be construed as an enterprise eligible for priority support for the insurance year immediately following the insurance year during which the designation was made, and thereafter.

(5) The criteria for determining whether an enterprise is eligible for priority support pursuant to paragraph (1) shall be as follows:
1. The number of regular workforce shall be the number calculated by dividing the aggregate number of employees working for all the projects carried out by a business owner as of the end of each month of the preceding year (if a construction business is involved, the number of its daily hire employees shall be subtracted therefrom) by the number of months in operation in the preceding year, and the number of regular workforce for projects concerning management of collective housing prescribed in the Multi-Family Housing Management Act shall be the number of employees calculated separately for each employing unit. In such cases, when calculating the number of regular workforce, any part-time employee whose contractual monthly working hours are at least 60 hours shall be counted as 0.5, and any part-time employee whose contractual monthly working hours are less than 60 hours shall be excluded from the calculation;
2. Where a business owner runs business in at least two different industries, the classification shall be made based on the industry in which he or she has the greater number of regular workforce, while the classification shall be made based on the total amount of wages or the amount of sales in the aforementioned order where the number of regular workforce for each industry is the same.

(6) Notwithstanding paragraph (5), it shall be determined as of the date of formation of an insurance contract as to whether a business owner for whom the insurance relations are established during an insurance year is qualified as an enterprise eligible for priority support.

Article 20 (Assistance for Job Creation)

The Minister of Employment and Labor may, as prescribed by Presidential Decree, provide necessary assistance to a business owner who expands employment opportunities by improving the working environment, changing work patterns, or making other efforts to create jobs.

Enforcement Ordinance

Article 17 (Subsidization for Job Creation)

(1) The Minister of Employment and Labor may partially subsidize wages for any of the following business owners pursuant to Article 20 of the Act: Provided, That, in the case of subparagraph 1, he or she may reimburse employees whose working hours have been reduced for a portion of his or her lost wages and some of expenses required for installing facilities, and in the case of subparagraph 2, some of expenses for installing facilities:
1. Where the number of employees increases due to recruitment of unemployed persons by reducing working hours, restructuring work shifts, and providing periodic educational training or sabbatical leave, etc. (hereinafter referred to as "job sharing");
2. Where there is an increase in the number of employees due to the improvement of employment conditions by installing and operating the facilities determined by the Minister of Employment and Labor and recruiting unemployed persons;
3. Where unemployed persons are newly hired on an hourly basis without fixing the term of a labor contract by dividing duties, restructuring a labor system, or developing part-time duties, etc.;
4. Where an enterprise falling under the types of business with good prospects for growth, the types of business in which imbalance between labor supply and demand exists, or the types of business that require employment subsidies including enterprises that have moved operations back to the Republic of Korea and region-specific industries, following deliberations and decisions by the Committee, hires the unemployed;
5. Where an enterprise eligible for priority support falling under the types of business deliberated and resolved by the Committee hires those with professional qualifications prescribed by the Minister of Employment and Labor (hereinafter referred to as "professional human resources");
6. Where a business owner hires an unemployed youth between 15 and 34 years of age through an introduction of a wage peak system under Article 28, a wage reduction system under Article 28-2, or any other changes in its wage system;
7. Where the Minister of Employment and Labor newly hires an aged or middle-aged person pursuant to subparagraph 1 or 2 of Article 2 of the Act on Prohibition of Age Discrimination in Employment and Elderly Employment Promotion for a job deemed suitable for such aged or middle-aged person.

(2) In cases of providing subsidies pursuant to paragraph (1), matters necessary for subsidization, such as persons eligible for subsidization, requirements for subsidization, level of subsidization, subsidization period, application period, and application methods, shall be determined and publicly notified by the Minister of Employment and Labor.
[This Article Newly Inserted on Dec. 31, 2010]
[Paragraph (1) 6 of this Article shall be effective until December 31, 2018 pursuant to Article 2 of the Addenda to the Presidential Decree No. 26496 promulgated on August 19, 2015: Provided, That the amended provisions of Article 17 (1) 6 shall apply to subsidies for a business owner who hires unemployed youth through measures, such as the introduction of a wage peak system or other changes in a wage system, in accordance with the amended provisions of Article 17 (1) 6 by December 31, 2018, even after the effective period expires.]

Article 21 (Support for Employment Adjustment)

(1) The Minister of Employment and Labor may, as prescribed by Presidential Decree, provide necessary assistance to a business owner who finds it inevitable to adjust employment due to downsizing, closing, or conversion of his or her business following changes in business conditions or industrial structures or other similar circumstances, when he or she makes efforts to improve employment security, such as business suspension, layoff, manpower relocation, and vocational skills development training for career changes. In such case, where the wage (referring to the wage defined in Article 2 (1) 5 of the Labor Standards Act; hereinafter the same shall apply) of an employee decreases to the level prescribed by Presidential Decree following measures to improve employment security including business suspension and layoff, the Minister of Employment and Labor may provide necessary assistance to the employee, as prescribed by Presidential Decree.

(2) The Minister of Employment and Labor may, as prescribed by Presidential Decree, provide necessary assistance to a business owner who employs an employee who has left his or her job due to the employment adjustment made under paragraph (1) or otherwise improves employment security for employees whose employment has become precarious.

(3) In providing assistance, as prescribed in paragraph (1), the Minister of Employment and Labor may give priority to business owners or employees operating or working in an industry or area described in Article 32 of the Framework Act on Employment Policy.

Enforcement Ordinance

Article 18 (Details of Assistance for Employment Adjustment)

(1) A business owner who takes measures for employment security of employees shall be eligible for subsidies and incentives under Article 21 (1) and (2) of the Act.

(2) A business owner eligible for the priority support as prescribed in Article 21 (3) of the Act shall be any of the following business owners:
1. A business owner who engages in the type of business designated as one of the types of business for which assistance for employment adjustment, etc. is required pursuant to Article 29 (1) 1 of the Enforcement Decree of the Framework Act on Employment Policy (hereafter in this Article referred to as "designated type of business");
2. A business owner who engages in manufacturing, repair, and other works under a contract with a business owner, as prescribed in subparagraph 1 for a project that falls under a designated type of business and at least 1/2 of whose sales are related to the designated type of business;
3. A business owner who engages in business within an area designated as an area for which assistance for employment adjustment is required pursuant to Article 29 (1) 2 or 3 of the Enforcement Decree of the Framework Act on Employment Policy (hereinafter referred to as "designated area").

(3) Where a business owner falling under any subparagraph of paragraph (2) takes employee retention measures, or grants assistance for change of occupation, the Minister of Employment and Labor may prescribe different requirements for and the amount of assistance applicable to such business owner, after deliberation by the Employment Policy Deliberative Council under the Framework Act on Employment Policy (hereinafter referred to as the "Employment Policy Council"), notwithstanding Articles 19, 20, 20-2, 21, 21-2 through 21-4, and 22.

Enforcement Ordinance

Article 19 (Eligibility for Subsidies for Employee Retention)

(1) The Minister of Employment and Labor shall, pursuant to Article 21 (1) of the Act, grant subsidies to retain employees (hereinafter referred to as "subsidies for employee retention") to a business owner, where the business owner who finds it unavoidable to make adjustments in employment takes any of the following measures (hereinafter referred to as "employee retention measures") for the insured recruited to engage in the business operated by him or her and have been insured for more than 90 days (excluding daily hire employees, persons notified of dismissal in advance under Article 26 of the Labor Standards Act, and those scheduled to retire upon the business owner's recommendation due to worsening management conditions; hereafter in this Chapter the same shall apply) and where he or she does not sever the employment relationship with the insured through employment adjustment during the implementation period of the employee retention measures and one month thereafter:
1. Where the business owner reduces working hours in excess of 20/100 of the total working hours per calendar month of all insured by adjusting working hours, restructuring work shifts (referring to dividing employees into groups and having them work in shift; hereinafter the same shall apply), suspending business, or taking other measures, and pays money and valuables in order to compensate for lost wages due to reduced work hours. In such cases, necessary matters concerning the method of calculating the working hours, including the total working hours of all of the insured, etc., shall be prescribed by Ordinance of the Ministry of Employment and Labor;
2. Where money and valuables are paid to compensate for lost wages during the period of leave of absence granted for at least one month.

(2) Where a business owner newly employs an employee while taking the employee retention measures, as prescribed in paragraph (1), or implements employee retention measures in the same month for three consecutive years notwithstanding paragraph (1), no subsidies for employee retention shall be paid for the relevant month, except in cases deemed unavoidable by the head of the competent employment security office.

(3) Notwithstanding paragraph (1), where a business owner for whom employment adjustment has become unavoidable pursuant to Article 21 (1) of the Act falls under any of the following cases, the Minister of Employment and Labor may set the period for acquiring insured status of the insured subject to employee retention measures differently based on the period determined and publicly notified by the Minister of Employment and Labor:
1. Where the business owner falls under any subparagraph of Article 18 (2);
2. Where employment conditions have worsened rapidly due to a disaster, etc. under subparagraph 1 of Article 3 of the Framework Act on the Management of Disasters and Safety.

(4) Notwithstanding paragraph (1), where a temporary work agency or a business owner to whom a contract is awarded (hereafter in this paragraph referred to as "contracted business owner") falls under any of the following, the Minister of Employment and Labor shall provide the temporary work agency or the contracted business owner with subsidies for employee retention after calculating the number of reduced working hours or the period of leave of absence for the insured working at the places of business of the user company or the relevant business owner awarding the contract:
1. Where a temporary work agency prescribed in the Act on the Protection of Temporary Agency Workers takes employee retention measures targeting temporary agency workers in the place of business of the user company at which employee retention measures are being implemented and does not sever the employment relationship with the relevant insured through employment adjustment during the implementation period of the measures and for one month thereafter;
2. Where the contracted business owner takes employee retention measures targeting the insured in the place of business of the owner awarding a contract, and does not sever the employment relationship with the relevant insured during the implementation period of the measures and for one month thereafter.

(5) Except as provided in paragraphs (1) through (4), matters necessary for subsidization, such as persons eligible for subsidies for employee retention, requirements for subsidization, level of subsidization, subsidization period, application period, and application methods, shall be determined and publicly notified by the Minister of Employment and Labor.

Enforcement Ordinance

Article 20 (Preparation of and Reporting on Plans for Employee Retention Measures)

(1) A business owner who intends to receive subsidies for employee retention prescribed in Article 19 shall prepare plans for employee retention employees for each calendar month in compliance with the following requirements, as prescribed by Ordinance of the Ministry of Employment and Labor, and report it to the Minister of Employment and Labor by the day before the date of a scheduled implementation of such measures, and where he or she modifies matters prescribed by Ordinance of the Ministry of Employment and Labor in the reported plan, such as the scheduled implementation date, the persons subject to such measures, and money and valuables to be paid while such measures are taken, he or she shall report such modifications to the Minister of Employment and Labor by the day before the scheduled modification date:
1. The business owner shall consult with the representative of employees recruited to engage in the employing unit in preparing or modifying employee retention measures: Provided, That cases where detailed plans for employee retention measures to be modified are not unfavorable to employees, such as reduction of period during which employee retention measures are taken or reduction in the number of people eligible to remain employed in order to restore employment conditions back to the level seen before business deterioration, shall be excluded herefrom;
2. The business owner shall prepare a document that describes the detailed implementation plans for retaining employees for the previous month (excluding the month to which the first date of implementation of the employee retention measures belongs) and related evidentiary documents.

(2) Notwithstanding paragraph (1), a business owner may report by the following deadlines from the date of implementation or change of the employment retention measures where there exists any other unavoidable cause prescribed in any of the following subparagraphs:
1. In any of the following cases: 30 days:
(a) Where an owner of an employing unit located in an area declared as a special disaster area pursuant to Article 60 of the Framework Act on the Management of Disasters and Safety takes employee retention measures due to said special disaster;
(b) Where an order is issued for suspension of classes, a disposition of temporary closure of kindergartens, or of schools under Article 31 of the Early Childhood Education Act, Article 64 of the Elementary and Secondary Education Act, or Article 61 of the Higher Education Act;
(c) Where a measure under Article 49 (1) 2 of the Infectious Disease Control and Prevention Act is taken;
2. Any of the following cases, other than those under subparagraph 1: 3 days:
(a) Where consultation between labor and management on whether to formulate and implement a plan for employee retention measures is delayed due to the absence of representative of labor or of management, etc.;
(b) Where an employing unit that supplies or is supplied with at least 50 percent of products or raw materials unexpectedly reduces or closes its operations;
(c) Where there is a natural disaster or any other unavoidable cause recognized by the Minister of Employment and Labor.

(3) Deleted.

(4) Deleted.

(5) Deleted.
[Title Amended on Apr. 22, 2013]

Enforcement Ordinance

Article 20-2 (Restrictions on Granting of Subsidies in Cases of Violation of Plans for Retaining Employees)

Where a business owner implements employee retention measures deviated from the plan or revised plan for such measures reported pursuant to Article 20 (1), the Minister of Employment and Labor may not pay the whole or part of the subsidies for employee retention for the month during which such violation occurs, as prescribed by Ordinance of the Ministry of Employment and Labor.
[This Article Newly Inserted on Apr. 22, 2013]

Enforcement Ordinance

Article 21 (Amount of Subsidies for Employee Retention)

(1) The amount of subsidies for employee retention shall be each of the following amounts: Provided, That when the Minister of Employment and Labor deems it necessary for employment security due to worsening unemployment, such as a rapid increase in the unemployment rate, the amount shall be equivalent to the rate determined and publicly notified by the Minister of Employment and Labor of at least 3/4 and not more than 9/10 (2/3 for an enterprise other than those eligible for priority support (hereinafter referred to as “large enterprise”)) of the money and valuables provided by the business owner to compensate for the lost wage of the insured for a period of up to one year prescribed and publicly notified by the Minister of Employment and Labor:
1. Where the working hours reduced due to the adjustment of working hours, the restructuring of work shifts, suspension of business, leave of absence, etc. are less than 50/100 of working hours per calendar month: An amount equivalent to 2/3 (1/2 for a large enterprise) of the money and valuables provided by the business owner to compensate for the lost wages of the insured whose working hours are reduced or who take a leave of absence;
2. Where the working hours reduced due to the adjustment of working hours, the restructuring of work shifts, suspension of business, layoff, etc. are at least 50/100 of working hours per calendar month: An amount equivalent to 2/3 of the money and valuables provided by the business owner to compensate for the lost wages of the insured whose working hours are reduced or who are laid off.

(2) Subsidies for retaining employees prescribed in paragraph (1) shall be granted for each measure taken to retain employees only until the number of days during which such measure is taken (the day on which two or more measures are taken simultaneously for retaining employees shall be counted as one day) reaches 180 days during the period of the pertinent insurance year.

(3) Notwithstanding paragraph (2), subsidies for employee retention for the insurance year of 2020 shall be granted until the sum of the implementation periods of employment retention measures reaches 240 days.

(4) Deleted.

(5) Subsidies for employee retention granted pursuant to paragraph (1) shall not exceed the amount determined and publicly notified by the Minister of Employment and Labor per employee subject to each measure for retaining employees taken.
[Title Amended on Apr. 22, 2013]

Enforcement Ordinance

Article 21-2 (Reduced Level of Wages in Cases of Business Suspension)

"Level prescribed by Presidential Decree" in the latter part of Article 21 (1) of the Act means the amount less than 50/100 of the average wage (including cases where no wage is paid).
[This Article Newly Inserted on Apr. 22, 2013]

Enforcement Ordinance

Article 21-3 (Requirements for Granting Subsidies to the Insured in Cases of Business Suspension)

(1) When a business owner suspends business or grants employees a leave of absence (hereinafter referred to as "business suspension, etc.") instead of making employment adjustment in spite of causes making it unavoidable to make such adjustment prescribed by Ordinance of the Ministry of Employment and Labor pursuant to the latter part of Article 21 (1) of the Act, if such business suspension, etc. falls under any of the following, the Minister of Employment and Labor may grant subsidies to the relevant insured:
1. Where a business owner suspends business for at least 30 days for the number of the insured under classification made in each of the following circumstances and does not pay business suspension allowances after obtaining approval of the Labor Relations Commission pursuant to Article 46 (2) of the Labor Standards Act, or pays business suspension allowances equivalent to the amount less than 50/100 of the average wage:
(a) Where the total number of the insured is not more than 19: At least 50/100 of the total number of the insured;
(b) Where the total number of the insured is at least 20 and not more than 99: At least 10 insured;
(c) Where the total number of the insured is at least 100 and not more than 999: At least 10/100 of the total number of the insured;
(d) Where the total number of the insured is at least 1,000: At least 100 insured;
2. Where a business owner grants the insured a leave of absence classified as follows for at least 30 days after implementing the employee retention measures under Article 19 (1) 1 or the employee retention measures under subparagraph 2 of that paragraph targeting at least 20/100 of the number of the insured for at least three months within one year before the commencement of the period of leave of absence, and does not pay money and valuables to them during that period by mutual consent with the representative of the employees (referring to the labor union if there exists a labor union consisting of more than one-half of the total number of employees, and the person who represents more than one-half of the total number of employees if such labor union does not exist; hereafter in this paragraph the same shall apply):
(a) Where the total number of the insured is not more than 99: At least 10 insured;
(b) Where the total number of the insured is at least 100 and not more than 999: At least 10/100 of the total number of the insured;
(c) Where the total number of the insured is at least 1,000: At least 100 insured;
3. Where a business owner comes to satisfy the following requirements (limited to an owner of a place of business with less than 10 insured) after implementing and maintaining the employee retention measures prescribed in Article 19 (1) 1 or the ones prescribed in subparagraph 2 of that paragraph targeting at least 20/100 of the insured for at least three months, cases where the business owner grants the insured working in his or her place of business a leave of absence for at least 30 days and does not pay them money or valuables such as allowances for a leave of absence during that period, in accordance with an agreement with the representative of employees:
(a) Where employment conditions have worsened rapidly due to a disaster, etc. under subparagraph 1 of Article 3 of the Framework Act on the Management of Disasters and Safety;
(b) Where the subsidy for employee retention is received for 180 days under Article 21 (2) during the period of the relevant insurance year.

(2) The amount of the subsidies prescribed in paragraph (1) shall be determined by the Minister of Employment and Labor within the range of 50/100 of the average wage of the relevant insured, taking into account the wages or allowances paid by the business owner to the said insured. In such cases, the amount of subsidies shall not exceed the amount determined and publicly notified by the Minister of Employment and Labor per insured eligible for subsidies for such reasons as business suspension, etc.

(3) The subsidies prescribed in paragraph (2) shall be paid for maximum 180 days during the period of the relevant business suspension, etc.

(4) Where the Minister of Employment and Labor provides the insured with subsidies pursuant to paragraph (1), the business owner shall prepare a plan for retaining employees that includes necessary measures for the development and improvement of vocational skills of the recipient and submit the plan to the Minister of Employment and Labor.

(5) Where emergency measures are necessary for job security as disasters prescribed in subparagraph 1 of Article 3 of the Framework Act on the Management of Disasters and Safety took a heavy toll on the economy, resulting in soaring unemployment, subsidies may be paid to the insured who fail to meet the eligibility requirements for subsidies under paragraph (1) 2 until June 30, 2021 following deliberation by the Employment Policy Council with the requirements for and the level of subsidization determined by public notice. In such cases, a period of subsidization by public notice shall not exceed six months, and may be extended by up to six months where necessary.

(6) Except as provided in paragraphs (1) through (5), matters necessary for subsidization, such as persons eligible for subsidies for the insured following business suspension, requirements for subsidization, level of subsidization, subsidization period, application period, and application methods and procedures, shall be determined and publicly notified by the Minister of Employment and Labor.
[This Article Newly Inserted on Apr. 22, 2013]
[The amended provisions of paragraph (3) of this Article shall be effective until 12/31/2022 pursuant to Article 2 (2) of the Addenda to the Presidential Decree No. 31324 promulgated on January 13, 2012.]

Enforcement Ordinance

Article 22 (Re-Employment Assistance for Person whose Employment Is Severed)

Where a business owner facing employment adjustment pursuant to Article 21 (1) of the Act directly establishes facilities necessary for supporting swift re-employment of any of the following persons, independently or collaboratively, or entrusts an outside institution equipped with such facilities with services necessary for such re-employment, the Minister of Employment and Labor shall, pursuant to Article 21 (1) of the Act, subsidize some of the expenses incurred by the business owner, as determined by the Minister of Employment and Labor:
1. A person who is insured by the relevant employing unit but whose employment will be severed due to employment adjustment, retirement age, or expiration of the term of employment contract;
2. Persons who was insured by the relevant employing unit but whose employment was severed due to employment adjustment, reaching of retirement age, or expiration of the term of employment contract.
[This Article Wholly Amended on Dec. 31, 2010]

Article 22 (Promotion of Local Employment)

The Minister of Employment and Labor may, as prescribed by Presidential Decree, provide necessary assistance to business owners who have contributed to preventing unemployment, promoting reemployment, or otherwise increasing employment opportunities by commencing their business in areas where the employment situation is significantly worse or rapidly deteriorating because of changes in industrial structures or other factors or expanding or relocating their business thereto.

Enforcement Ordinance

Article 24 (Subsidies for Promotion of Local Employment)

(1) The Minister of Employment and Labor shall grant subsidies for promotion of local employment to a business owner who relocates his or her employing unit to a designated area, or newly establishes or expands an employing unit in a designated area as set forth in Article 22 of the Act and who meets all the following requirements:
1. During the period of support for employment adjustment, etc. (hereafter in this Article referred to as "designated period") as publicly notified pursuant to Article 29 (3) of the Enforcement Decree of the Framework Act on Employment Policy, a local employment plan concerning relocation, establishment, or expansion of an employing unit, and employment of employees resulting therefrom shall be prepared and reported to the Minister of Employment and Labor;
2. The business owner shall implement the local employment plan reported to the Minister of Employment and Labor pursuant to subparagraph 1;
3. The operation of the business relocated, newly established, or expanded shall commence within one year and six months from the date the plan for local employment is submitted;
4. The business owner shall employ persons who have resided in the designated area or any other designated area for at least three months as of the date the operation of the business relocated, newly established, or expanded commences (hereafter in this Article referred to as "date of commencement of operation") as the insured for the relevant business;
5. The business shall be deemed necessary by the Employment Policy Council;
6. The business owner shall keep a record of the current status of implementation of the local employment plan and the current status of wages paid to the insured employed while implementing the plan.

(2) Upon the commencement of operation prescribed in paragraph (1) 3, a business owner who intends to receive subsidies for promotion of local employment shall report such fact to the Minister of Employment and Labor.

(3) The amount of subsidies for promotion of local employment shall be equivalent to 1/2 (or 1/3 for a large enterprise) of the wages paid to the insured employed under paragraph (1) 4, and shall not exceed the amount publicly notified by the Minister of Employment and Labor as set forth in Article 21 (5).

(4) Subsidies for promotion of local employment shall be paid for up to one year from the date of commencement of operation.

(5) Where the number of the insured employed pursuant to paragraph (1) 4 during a designated period exceeds 200 persons, subsidies for promotion of local employment shall be granted only for 30/100 out of the number of persons in excess thereof.

(6) No subsidies for promotion of local employment shall be paid in any of the following cases:
1. Where the employment period of the insured who are employed pursuant to paragraph (1) 4 is less than six months;
2. Where a business owner has severed the employment of his or her employees through employment adjustment during the period between three months before the date of commencement of operation and one year after the date of commencement of operation;
3. Where the business owner who has employed a job seeker as an insured as set forth in paragraph (1) 4 is found to be the same business owner as at the time the employment of the insured was most recently severed (limited to severance from employment within one year before the employment of the relevant insured; hereafter in subparagraph 4 the same shall apply): Provided, That this shall exclude cases where the business owner has given priority to the relevant employee in employment pursuant to Article 25 (1) of the Labor Standards Act;
4. Where the business owner who has employed a job seeker as an insured under paragraph (1) 4 is related to the business in which the relevant employee had been engaged at the time his or her employment was most recently severed, such as cases where the business owner has merged his or her business with, or has acquired, that of the other business owner as at the time the employment of the relevant employee was most recently severed;
4-2. Where the business owner delayed payment of wages, etc. and his or her name is disclosed pursuant to Article 43-2 of the Labor Standards Act;
5. Where a business owner pays wages less than the minimum wage amount under Article 5 of the Minimum Wage Act to a worker employed pursuant to paragraph (1) 4: Provided, That cases where the relevant employee is an employee excluded from applying the minimum wage pursuant to Article 7 of that Act shall be excluded herefrom;
6. Where a business owner (referring to the representative of a corporation, if the business owner is a corporation) employs his or her spouse, or lineal ascendants or descendants as an employee referred to in paragraph (1) 4;
7. Where a worker employed pursuant to paragraph (1) 4 was eligible for subsidies for promotion of local employment for at least two years during the three years prior to the date of employment;
8. Where a case falls under the subjects or types of business determined and publicly notified by the Minister of Employment and Labor as not conforming to the purpose of subsidization under Article 22 of the Act.

(7) Deleted.

(8) Matters necessary for application for and payment of subsidies for promotion of local employment, such as the application period, shall be prescribed by Ordinance of the Ministry of Employment and Labor. ]

Article 23 (Assistance for Employment of Senior Citizens)

The Minister of Employment and Labor may, as prescribed by Presidential Decree, provide necessary assistance to business owners who hire senior citizens and other people who usually have particular difficulty in finding employment in the labor market (hereinafter referred to as "senior citizens, etc.") or take other actions to improve their employment security or to employees involved in such business owners' actions.

Enforcement Ordinance

Article 25 (Subsidies for Extension of Employment of Seniors)

(1) The Minister of Employment and Labor shall, pursuant to Article 23 of the Act, grant subsidies for extension of employment of seniors to a business owner of an employing unit that meets any of the following requirements: Provided, That this shall not apply to any business owner who has a regular workforce of at least 300 employees:
1. Deleted;
2. The retirement age shall be abolished or the existing retirement age shall be increased by one year or more to at least 60: Provided, That where the retirement age at the relevant place of business is abolished and a new retirement age is established or the previous retirement age is lowered within three years before the abolishment or extension of the retirement age, subsidies for extension of employment of the elderly shall not be granted;
3. Deleted.

(2) Deleted.

(3) Deleted.

(4) The amount of subsidies for extended employment of seniors for which a business owner who meets the requirements prescribed in paragraph (1) 2 is eligible shall be calculated by multiplying the amount publicly notified each year by the Minister of Employment and Labor, considering the wage increase rate, labor market conditions, and other factors, by the number of employees (excluding persons to whom subsidies for the wage peak system under Article 28 are paid) who have been employed by the business owner continuously for at least 18 months and who is allowed to continue his or her services due to the abolishment or extension of the retirement age after he or she reaches the retirement age that was previously set, and such subsidies shall be granted for the period classified under each of the following subparagraphs:
1. Where the retirement age is abolished: One year from the day (referring to the day when the age of 58 is reached if the previous retirement age is lower than the age of 58) immediately following the date when one year has passed from the date when the previous retirement age of an employee, whose retirement age is abolished, is reached;
2. Where the retirement age is extended: The period prescribed in each of the following calculated from the day immediately following the date when the previous retirement age of an employee, whose retirement age is extended, is reached:
(a) Where the retirement age is extended by at least one year but not more than three years: One year;
(b) Where the retirement age is extended by at least three years: Two years.

(5) Deleted.

(6) Matters necessary to apply for and pay the subsidies for extended employment of seniors shall be prescribed by Ordinance of the Ministry of Employment and Labor.
[Title Amended on Dec. 31, 2010]
[This Article shall be effective until December 31, 2016 pursuant to Article 2 (1) of the Addenda to the Presidential Decree No. 25022 promulgated on December 24, 2013: Provided, That the amended provisions of Article 25 shall apply to subsidies to be granted to a business owner who becomes eligible for the subsidies for extended employment of seniors by December 31, 2016, even after the effective period expires.]

Enforcement Ordinance

Article 25-2 (Subsidies for Employment of Seniors Aged at least 60 Years)

(1) The Minister of Employment and Labor shall, pursuant to Article 23 of the Act, grant subsidies for employment of seniors aged at least 60 years to the owner of an employing unit that meets all of the following requirements:
1. That the relevant place of business does not impose a retirement age;
2. That the ratio of the monthly average number of employees aged at least 60 years who have been employed for at least one year as of the last day of each month to the monthly average number of employees employed for the employing unit on a quarterly basis shall not be less than the ratio determined and publicly notified by the Minister of Employment and Labor for each business type;
3. That the business owner receives subsidies for the promotion of employment of seniors under Article 18 of the Addenda to the Enforcement Decree of the Employment Insurance Act (Presidential Decree No. 22603) at least once as of the date of application for subsidies for the employment of seniors aged at least 60 years, and he or she shall not be subject to the period when the payment of the aforementioned subsidies is restricted.

(2) Notwithstanding paragraph (1), where a business owner falls under any of the following, the subsidies for the employment of seniors aged at least 60 years (hereinafter referred to as "subsidies for employment of seniors aged at least 60 years") shall not be paid:
1. Where a business owner severs the employment relationship with employees aged at least 55 years for employment adjustments during the period between three months before applying for subsidies for employment of seniors aged at least 60 years and six months thereafter;
2. Where the name of a business owner is listed and announced pursuant to Article 43-2 of the Labor Standards Act because the business owner delayed in paying wages, etc.

(3) The amount of subsidies for the employment of seniors aged at least 60 years shall be calculated by multiplying the amount publicly notified by the Minister of Employment and Labor in consideration of labor market conditions by the number of seniors aged at least 60 years or older who have been employed in excess of the ratio publicly notified by the Minister of Employment and Labor pursuant to paragraph (1) 2: Provided, That the total amount of subsidies which a business owner is eligible to receive on a quarterly basis shall not exceed the amount calculated by multiplying the amount publicly notified by the Minister of Employment and Labor pursuant to the main clause by the number equivalent to 20/100 (10/100 for a large enterprise) of the number of persons employed for the relevant employing unit.

(4) When calculating the number of employees to provide subsidies for employment of seniors aged at least 60 years, any of the following persons shall be excluded herefrom:
1. Daily hire employees;
2. Persons who fall under Article 10 (1) 2 through 5 of the Act and foreign workers who do not fall under Article 10-2 of the Act;
3. Employees aged at least 60 years who are eligible for subsidies for employee retention pursuant to Article 29 of the Framework Act on Employment Policy.

(5) Matters necessary for an application for and provision of subsidies for employment of seniors aged at least 60 years shall be prescribed by Ordinance of the Ministry of Employment and Labor.
[This Article Newly Inserted on Jan. 13, 2012]
[The amended provisions of this Article shall be effective until December 31, 2020 pursuant to Article 2 (2) of the Addenda to the Presidential Decree No. 23513 promulgated on January 13, 2012.]

Enforcement Ordinance

Article 26 (Incentives for Employment Promotion)

(1) The Minister of Employment and Labor shall grant incentives for promotion of employment to a business owner who hires any of the following unemployed persons, as an insured if the person has registered himself or herself as a job seeker with employment security offices or any of the institutions specified by Ordinance of the Ministry of Employment and Labor, pursuant to Article 23 of the Act, to promote employment of persons with disabilities, female heads of household, etc. who have particular difficulty finding jobs under ordinary labor market conditions (hereafter in this Article referred to as "employment security office"):
1. A person who has completed the employment assistance program, as notified by the Minister of Employment and Labor, designed for those having particular difficulty finding jobs under ordinary labor market conditions;
2. A person with a severe disability prescribed in subparagraph 2 of Article 2 of the Act on the Employment Promotion and Vocational Rehabilitation of Persons with Disabilities who is in a state of unemployment for at least one month;
3. A person in a state of unemployment for at least one month who, as a person prescribed by Ordinance of the Ministry of Employment and Labor, among unemployed women responsible for supporting their family members, is eligible for employment assistance prescribed in the former part of Article 11 (2) of Enforcement Decree of the National Basic Living Security Act or entitled to protection prescribed in Articles 5 and 5-2 of the Single-Parent Family Support Act;
4. A person in a state of unemployment for at least one month who has difficulty participating in the employment assistance program prescribed in subparagraph 1 because the person resides in an island (excluding the main island of Jeju Special Self-Governing Province and islands connected to land by breakwaters or bridges, etc.);
5. A person recognized by the Minister of Employment and Labor as needing measures for promotion of employment due to worsening employment conditions and soaring unemployment, among the unemployed who fail to meet the requirements prescribed in subparagraphs 1 through 4.

(2) The incentives for promotion of employment prescribed in paragraph (1) (hereinafter referred to as “incentives for employment promotion”) shall be paid where a business owner employs a person as an insured for at least six months, according to the following classifications:
1. Where the employment period is at least six months but less than 12 months: Amount equivalent to six months;
2. Where the employment period is at least 12 months: Amount equivalent to 12 months: Provided, That where the employment period of an insured determined and publicly notified by the Minister of Employment and Labor is at least 18 months, the following relevant amounts shall be paid:
(a) Where the employment period is at least 18 months but less than 24 months: Amount equivalent to 18 months;
(b) Where the employment period is at least 24 months: Amount equivalent to 24 months.

(3) The incentives for employment promotion shall not be paid in any of the following cases:
1. Where a short-term contract employee is employed in cases prescribed by Ordinance of the Ministry of Employment and Labor;
2. Deleted;
3. Where a large enterprise employs an unemployed person aged 29 years or younger who is prescribed by the Minister of Employment and Labor;
4. Where a business owner severs the employment relationship with an employee (excluding employees employed after a person eligible for incentives for employment promotion is employed) for employment adjustment during the period between three months before employing a person eligible for the incentives for employment promotion and one year from the employment of the relevant person (in cases where a person eligible for incentives for employment promotion is employed for less than one year, referring to the period until the termination of the relevant employment relationship);
5. Where a business owner who employs a person eligible for the incentives for employment promotion is found to be the same business owner as at the time the employment relationship of the relevant employee was severed (limited to cases where the employment relationship was severed within one year before the relevant business owner employs the relevant employee; hereafter in subparagraph 6 the same shall apply): Provided, That this shall not apply in any of the following cases:
(a) Where a business owner gives the relevant employee priority in employment pursuant to Article 25 (1) of the Labor Standards Act;
(b) Where a business owner re-employs an employee whom he or she employed as a daily hire employee by entering into a contract without a fixed term of employment;
6. Where a business owner who employs a person eligible for incentives for employment promotion has a business relationship with the business from which the employment relationship of the relevant employee is severed, such as merger or acquisition, and is prescribed by Ordinance of the Ministry of Employment and Labor;
7. Where the name of a business owner is listed and announced pursuant to Article 43-2 of the Labor Standard Act because the business owner delayed the payment of wages, etc.;
8. Where a business owner who fails to fulfill the obligation to employ persons with disabilities pursuant to Article 28 of the Act on the Employment Promotion and Vocational Rehabilitation of Persons with Disabilities newly employs persons with disabilities under subparagraph 1 of Article 2 of that Act (excluding persons with severe disabilities under subparagraph 2 of that Article) before such obligation is performed;
7. Where a case falls under the subjects or types of business determined and publicly notified by the Minister of Employment and Labor as not conforming to the purpose of subsidization under Article 22 of the Act.

(4) The incentives for employment promotion shall be calculated by multiplying the amount specified in subparagraph 1 by the number of persons specified in subparagraph 2:
1. The amount publicly notified each year by the Minister of Employment and Labor, considering the wage increase rate, labor market conditions, and other factors: Provided, That such amount shall not exceed the remuneration that the relevant business owner bears for the insured specified in the subparagraphs of paragraph (1) during the period when the incentives are granted;
2. The number of the insured eligible for the incentives for employment promotion: Provided, That the limit on the number of persons shall be as follows:
(a) Where the number of the insured is at least 10 as of the end of the immediately preceding insurance year for the relevant employing unit: The 30/100 of the number of the insured (the fractions below the decimal point shall be rounded off): Provided, That where 30/100 of such number exceeds 30, the limit shall be 30;
(b) Where the number of the insured is less than 10 as of the end of the immediately preceding insurance year for the employing unit: Three persons.

(5) Deleted.

(6) Deleted.

(7) Matters necessary for application for and payment of incentives for employment promotion, such as the application period, shall be prescribed by Ordinance of the Ministry of Employment and Labor.

(8) Where emergency measures are necessary for job security as disasters prescribed in subparagraph 1 of Article 3 of the Framework Act on the Management of Disasters and Safety took a heavy toll on the economy, resulting in soaring unemployment, the Minister of Employment and Labor may determine a period of employment of up to one year, grounds for exclusion from payment of incentives for employment promotion, the maximum amount of incentives, and the limit on the number of the eligible insured differently by public notice following deliberation by the Employment Policy Council to expand support for business owners under paragraph (1), notwithstanding the provisions of paragraphs (2) through (7) (in cases falling under paragraph (3), limited to the main clause of subparagraphs 1, 4, and 4, with the exception of its items, and subparagraph 6).
[This Article Wholly Amended on Dec. 31, 2010]
[Title Amended on Dec. 30, 2016]

Enforcement Ordinance

Article 27 Deleted. [Presidential Decree No. 21015, Sep. 18, 2008]

Enforcement Ordinance

Article 28 (Subsidies for Wage Peak System)

(1) The Minister of Employment and Labor shall grant subsidies for the wage peak system to employees to whom the wage peak system shall apply in any of the following cases, as prescribed in Article 23 of the Act, (hereafter in this Article referred to as "wage peak system"): Provided, That in cases falling under subparagraph 2, he or she shall grant subsidies for the wage peak system to both the employees and the business owner:
1. Where the business owner implements a system under which an employee has his or her wage reduced based on his or her age, period of continuous employment or wage after he or she reaches the age of 55, with the consent of the representative of employees, in return for extension of the retirement age to at least 60 or to at least 56 but not more than 60;
2. Where the business owner reduces working hours while implementing the system prescribed in subparagraph 1 or conducting hiring (hereafter in this Article and Article 28-4 referred to as "reemployment") within three months after mandatory retirement under subparagraph 4 and reducing the contractual weekly working hours to at least 15 hours but not more than 30 hours;
3. Deleted;
4. Where a business owner who set the retirement age at 55 or older decides to re-employ (excluding cases where the period of the re-employment is less than one year) a person, who has reached retirement age, and to reduce his or her wage compared to the amount he or she received before the previous retirement.

(2) The subsidies for the wage peak system determined under paragraph (1) shall be paid to persons who have been employed continuously for at least 18 months by the relevant business owner and that sees his or her peak wage compared to his or her wage for the pertinent year (referring to the wage of the year that immediately precedes the year when the date of the first reduction of wage following implementation of the wage peak system belongs; hereafter in this Article the same shall apply) reduced by at least the ratio classified as prescribed in each of the following (excluding the person whose wage for the pertinent year reaches or exceeds the amount publicly notified by the Minister of Employment and Labor):
1. In the case of paragraph (1) 1: The ratio classified according to the extended retirement age as follows: Provided, That it shall be 10/100 for any employing unit that has a regular workforce of less than 300 employees:
(a) Up to one year from the date of application of the wage peak system: 10/100;
(b) For a period of up to two years but no shorter than one year from the date of application of the wage peak system: 15/100;
(c) For a period exceeding two years after the date of application of the wage peak system: 20/100;
2. In the case of paragraph (1) 2: 30/100;
3. In the case of paragraph (1) 4: 20/100: Provided, That it shall be 10/100 for any employing unit that has a regular workforce of less than 300 employees.

(3) Subsidies for the wage peak system prescribed in paragraph (1) shall be an amount publicly notified by the Minister of Employment and Labor, considering the difference between the peak wage and the pertinent year’s wage of the pertinent individual employee, the wage increase rate, an increase in the labor cost of the business owner due to the reduction of contractual working hours prescribed in paragraph (1) 2, etc.

(4) Subsidies for the wage peak system prescribed in paragraph (1) shall be paid for five years from the date the wage peak system enters into force: Provided, That when the employment period is less than five years, the subsidies shall be paid for the employment period, and when re-employment is made pursuant to paragraph (1) 4 after the enforcement of the wage peak system prescribed in paragraph (1) 1, the maximum period of payment shall be five years in total.

(5) Matters necessary to calculate, to apply for and to pay the subsidies for the wage peak system prescribed in paragraph (1) shall be prescribed by Ordinance of the Ministry of Employment and Labor.
[Title Amended on Dec. 31, 2010]
[Pursuant to Article 2 (2) of the Addenda to the Presidential Decree No. 25022 promulgated on December 24, 2013, this Article shall be effective in accordance with the following classifications: Provided, That the amended provisions of Article 28 shall apply to subsidies to be granted to an employee who becomes eligible for the subsidies for the wage peak system by the relevant date referred to in subparagraph 1 or 2, even after the effective period expires: 1. Any employing unit or place of business that has a regular workforce of at least 300 employees, any public institution prescribed in Article 4 of the Act on the Management of Public Institutions, any local government-invested public corporation prescribed in Article 49 of the Local Public Enterprises Act, and any local public corporation prescribed in Article 76 of that Act: Dec. 31, 2015; and 2. Any employing unit or place of business that has a regular workforce of less than 300 employees, the State, or any local government: Dec. 31, 2016.]

Enforcement Ordinance

Article 28-2 (Subsidies for Reduction of Wages in Business or Place of Business Having Set Retirement Age at 60 or More)

(1) Where an employing unit or place of business which has set the retirement age at 60 or more implements the system of reducing wages after the age of 55, the Minister of Employment and Labor shall, pursuant to Article 23 of the Act, grant subsidies beginning with the date the system of reducing the wages of the relevant employees who saw their wages reduced enters into effect and ending on December 31, 2018: Provided, That where the employment period of the relevant employees ends before December 31, 2018, the subsidies shall be paid during the relevant employment period.

(2) The subsidies determined under paragraph (1) shall be paid to persons who have been employed continuously for at least 18 months by the relevant business owner and gotten their peak wages (referring to the wages of the year that immediately precedes the year when the date of the first reduction of wages following implementation of the system pursuant to paragraph (1) belongs; hereafter in this Article the same shall apply) reduced by at least 10 percent compared to their wages for the pertinent year (excluding persons whose wages for the pertinent year reach or exceed the amount publicly notified by the Minister of Employment and Labor).

(3) The amount of subsidies prescribed in paragraph (1) shall be determined and publicly notified by the Minister of Employment and Labor according to the standards prescribed by Ordinance of Minister of Employment and Labor in consideration of the difference between the peak wage and the pertinent year’s wage of the pertinent individual employee, the wage increase rate, etc.

(4) Matters necessary to apply for and to pay the subsidies etc. referred to in paragraph (1) shall be prescribed by Ordinance of the Ministry of Employment and Labor.
[This Article Newly Inserted on Dec. 4, 2015]

Enforcement Ordinance

Article 28-3 Deleted.

Enforcement Ordinance

Article 29 (Incentives for Employment Security during Period of Childbirth and Child Care)

(1) The Minister of Employment and Labor shall pay incentives for employment security during the period of childbirth and child care to any of the following business owners, pursuant to Article 23 of the Act: Provided, That such incentives shall not be paid to a business owner whose name is disclosed pursuant to Article 43-2 of the Labor Standards Act due to a delay in payment of wages, etc.:

1. Deleted.

2. A business owner who grants an insured employee a child care leave prescribed in Article 19 of the Equal Employment Opportunity and Work-Family Balance Assistance Act or shortens the working hours of an insured employee prescribed in Article 19-2 of the same Act (hereinafter referred to as "child care leave, etc.") for at least 30 days [excluding the period overlapping with the period of a maternity leave prescribed in Article 74 (1) of the Labor Standards Act (hereinafter referred to as "maternity leave")];

3. A business owner meeting all of the following requirements, who grants or allows an insured employee a maternity leave, a miscarriage or stillbirth leave prescribed in Article 74 (3) of the Labor Standards Act (hereinafter referred to as "miscarriage or stillbirth leave") or a child care leave, etc. for at least 30 days and employs a substitute employee:

(a) Any of the following cleaning products:

(i) The business owner shall continuously employ a new substitute employee for at least 30 days from the 60th day before the beginning of a maternity leave, a miscarriage or stillbirth leave, a child care leave, etc. (or the 60th day before the beginning of a maternity leave if a miscarriage or stillbirth leave, a child care leave, etc. begins consecutively after the maternity leave);

(ii) The business owner who allows an insured employee to work reduced hours during her pregnancy for more than 60 days and employs a substitute employee and who continuously employs the substitute employee after the employee in question finishes working reduced working hours and takes maternity leave, miscarriage or stillbirth leave, or child care leave, etc. In such cases, the period of employment of substitute employees shall be at least 30 days.

(b) Deleted;

(c) The business owner shall not sever the employment relationship with any employee (excluding employees employed after substitute employees are newly employed) for employment adjustment during the period from three months before employing a new employee as a substitute to one year thereafter (where the employment period of the relevant substitute employee is less than one year, referring to the period until the termination of the relevant employment relationship).

(2) Deleted.

(3) Incentives for employment security during the period of childbirth and child care prescribed in paragraph (1) 2 shall be calculated by multiplying the amount publicly notified each year by the Minister of Employment and Labor based on the size of business, considering the business owner’s burden of labor costs due to child care leaves, etc. (excluding the period of child care leave of employees in institutions referred to in subparagraph 1 (a) through (c) of Article 2 of the Act on the Prevention of Corruption and the Establishment and Management of the Anti-Corruption and Civil Rights Commission and public institutions designated and publicly notified pursuant to Articles 4 through 6 of the Act on the Management of Public Institutions; hereafter the same shall apply in this Article) by the number of months of the child care leave, etc. the relevant employee has taken.

(4) Incentives for employment security during the period of childbirth and child care prescribed in paragraph (1) 3 (hereinafter referred to as “subsidies for substitute employees”; hereafter the same shall apply in this Article) shall be calculated by multiplying the amount publicly notified by the Minister of Employment and Labor based on the size of business, considering the business owner’s burden of labor costs due to employment of substitute employees, by the number of months for which a substitute employee has been employed during the period for which the relevant employee has taken a maternity leave, a miscarriage or stillbirth leave, or a child care leave, etc. (including the two-month period for transfer of duties before taking a maternity leave, a miscarriage or stillbirth leave, or a child care leave, etc.), but where the State or a local government has paid subsidies or incentives, etc. to business owners for the employment of the relevant substitute employees under this Decree or other statutes, the relevant subsidies or incentives shall be excluded from the subsidies for substitute employees. In such cases, the subsidies for substitute employees shall not exceed the amount of wage paid by business owners to the relevant substitute employees.

(5) The incentives for employment security during the period of childbirth and child care referred to in paragraph (1) shall be provided according to the following classification:

1. In cases falling under paragraph (1) 2: The amount equivalent to 50/100 of the incentives for employment security during the period of childbirth and child care under paragraph (3) shall be paid after the business owner satisfies the requirements referred to in paragraph (1) 2, and the remaining amount shall be aggregated and paid in lump sum after the relevant business owner continues to hire the employee who took maternity leave for at least six months after lapse of the prescribed period;

2. In cases falling under paragraph 1 (3): The amounts classified as follow shall be paid where the business owner satisfies the requirements referred to in paragraph (1) 3 and the remaining amount shall be aggregated and paid in lump sum where the relevant business owner continues to hire the employee who took a maternity leave, a miscarriage or stillbirth leave, or a child care leave for at least one month (including cases where the business owner is unable to hire the employee for at least one month for his or her personal reasons) after lapse of the prescribed period:

(i) Period for transfer of duties: 100/100 of the subsidies for substitute employees under paragraph (4);

(ii) Period of maternity leave, a miscarriage or stillbirth leave, or a child care leave, etc.: 50/100 of the subsidies for substitute employees under paragraph (4).

(5) Matters necessary for an application for and payment of incentives for employment security during the period of childbirth and child care prescribed in paragraph (1) shall be prescribed by Ordinance of the Ministry of Employment and Labor.

[This Article Wholly Amended on Dec. 31, 2010]

[Title Amended on Jul. 30, 2016]

Article 24 (Assistance for Employment Security of Construction Workers)

(1) The Minister of Employment and Labor may, as prescribed by Presidential Decree, provide necessary assistance to business owners who operate any of the following programs for construction workers and others in precarious employment:
1. Programs to improve employment conditions;
2. Programs for employment security, such as continued employment opportunities;
3. Other programs for employment security prescribed by Presidential Decree.

(2) The Minister of Employment and Labor may, as prescribed by Presidential Decree, provide assistance to a business owners' association to operate a program falling under subparagraphs of paragraph (1) if it is impractical for a single business owner to operate such program.

Enforcement Ordinance

Article 30 Deleted. [Presidential Decree No. 22603, Dec. 31, 2010]

Enforcement Ordinance

Article 31 Deleted. [Presidential Decree No. 22603, Dec. 31, 2010]

Enforcement Ordinance

Article 32 Deleted.

Article 25 (Employment Security and Employment Promotion)

(1) The Minister of Employment and Labor may directly operate, or provide grants or loans to those who operate, the following programs for employment security and promotion of employment for insured employees, etc.:
1. Programs to improve employment, such as employment management consulting;
2. Programs to help insured employees, etc. start a business;
3. Other programs prescribed by Presidential Decree, to ensure employment security and to promote employment of insured employees, etc.

(2) Matters necessary for the operation of, and grants or loans for, the programs prescribed in paragraph (1) shall be prescribed by Presidential Decree.

Enforcement Ordinance

Article 33 (Subsidization for Examination of Management of Employment)

(1) The Minister of Employment and Labor may, pursuant to Article 25 (1) 1 of the Act, provide a business owner or a labor-management organization that undergoes an examination by a specialized institution in relation to changes in its wage system or re-designing of duties in order to stabilize and promote the employment of the current or former insured, and other persons who are willing to have a job (hereinafter referred to as "insured, etc.") with subsidies to cover all or some of the expenses incurred in such examination within the budget.

(2) Matters concerning the selection of persons eligible for subsidization prescribed in paragraph (1) and the standards of the subsidies, and other matters necessary for the subsidization shall be prescribed by the Minister of Employment and Labor.

Enforcement Ordinance

Article 34 Deleted. [Presidential Decree No. 22603, Dec. 31, 2010]

Enforcement Ordinance

Article 35 (Employment Security and Employment Promotion)

"Other programs prescribed by Presidential Decree" in Article 25 (1) 3 of the Act means the following programs:
1. Programs for education and public relations on employment security and employment promotion of the insured, etc.;
2. Programs for supporting employment, including job placement, employment and career advice, support for hiring the insured, etc. and support for the long-term employment of the insured, etc., and programs for supporting career changes in order to secure the employment security of the insured, etc. and promote employment thereof;
3. Programs for improving the employment conditions of the insured, etc., who are seniors, women, or persons with disabilities;
4. Programs for supporting the employment security, etc. of construction workers, etc.;
5. Programs for supporting the employment security, etc. of any of the following persons:
(a) Fixed-term employees prescribed in subparagraph 1 of Article 2 of the Act on the Protection, etc. of Fixed-Term and Part-Time Employees (hereinafter referred to as “fixed-term employee”);
(b) Temporary agency workers defined in subparagraph 5 of Article 2 of the Act on the Protection of Temporary Agency Workers;
(c) Safety officers prescribed in Article 17 of the Occupational Safety and Health Act;
(d) Health officers prescribed in Article 18 of the Occupational Safety and Health Act;
(e) Part-time employees prescribed in Article 2 (1) 9 of the Labor Standards Act;
(f) Persons who offer their labor similarly to employees referred to in Article 2 (1) 1 of the Labor Standards Act, regardless of the form of their contracts, but to whom the Labor Standards Act, etc. does not apply, and who do not use any other person for another person's business and directly provide labor necessary for the operation of business, and who live on the money they receive in return for the provision of their labor;
6. Programs for supporting the conversion into part-time employment prescribed in Article 2 (1) 9 of the Labor Standards Act;
7. Work-family balance assistance programs through the improvement of employment conditions such as changing work patterns of the insured, etc.;
8. Credit business for expenses required of business owners to compensate for wages of the insured under employee retention measures (limited to the period determined and publicly notified by the Minister of Employment and Labor).

Enforcement Ordinance

Article 35-2 (Support for Programs for Education and Programs for Public Relations)

(1) The Minister of Employment and Labor may, pursuant to Article 25 of the Act, partially assist within the budget the persons who intend to conduct programs for education and programs for public relations under subparagraph 1 of Article 35 with expenses necessary for conducting such programs.

(2) The Minister of Employment and Labor shall, if intending to give assistance pursuant to paragraph (1), publish in advance the kinds and contents of programs eligible for assistance, the content and extent of assistance, methods for application for assistance, and other related matters.
[This Article Newly Inserted on Jun. 27, 2017]

Enforcement Ordinance

Article 36 (Support to Project for Assisting Employment)

(1) The Minister of Employment and Labor may, pursuant to Article 25 of the Act and subparagraph 2 of Article 35 of this Decree, provide any of the following persons with subsidies for expenses incurred for a project carried out by him or her for providing employment support services within the budget:
1. A person who provides job placement services free of charge as prescribed in Article 18 of the Employment Security Act and a person who provides premium job placement services under Article 19 of that Act;
2. A person who engages in the business of providing job information, as prescribed in Article 23 of the Employment Security Act;
3. Any person, other than those stated above, who is deemed capable of engaging in the business of providing employment support services by the Minister of Employment and Labor.

(2) The Minister of Employment and Labor shall, when he or she provides the subsidies as prescribed in paragraph (1), publicly announce, in advance, the type and details of the projects eligible for the subsidies, the scope of the eligible insured, etc., the details and standards of the subsidies, and the method of application.

Enforcement Ordinance

Article 37 (Support for Improving Employment Circumstances for Seniors)

(1) The Minister of Employment and Labor may, pursuant to Article 25 of the Act and subparagraph 3 of Article 35 of this Decree, grant subsidies or loans to cover part of the expenses to a business owner who intends to install or improve facilities or equipment necessary for stabilizing and facilitating employment of the insured, etc. who are seniors, women, or persons with disabilities, within the budget.

(2) Matters necessary for the selection of persons eligible for the subsidies or loans prescribed in paragraph (1) and the requirements therefor, and other matters necessary to provide such subsidies or loans shall be prescribed by the Minister of Employment and Labor.

Enforcement Ordinance

Article 37-2 (Support for Programs to Support Employment Security)

(1) The Minister of Employment and Labor may grant subsidies to cover part of necessary expenses to a business owner who intends to conduct programs specified in subparagraphs 2 and 5 through 7 of Article 35, within the budget pursuant to Article 25 of the Act.

(2) Matters necessary for subsidization, such as persons eligible for subsidization, requirements for subsidization, level of subsidization, subsidization period, application period, and application methods, under paragraph (1) shall be prescribed by the Minister of Employment and Labor.
[This Article Newly Inserted on Dec. 31, 2014]
[Title Amended on Jun. 27, 2017]]

Enforcement Ordinance

Article 37-3 (Loan to Enterprises Eligible for Priority Support for Expenses for Retaining Employees)

(1) The Minister of Employment and Labor may lend money to the business owners of enterprises eligible for priority support taking employee retention measures under Article 25 of the Act and subparagraph 8 of Article 35 of this Decree to cover expenses to compensate for wages of the insured within the budget.

(2) The Minister of Employment and Labor shall decide whether to lend money after undergoing procedures for verifying whether the loan seekers under paragraph (1) are eligible for loans.

(3) Other than matters prescribed in paragraphs (1) and (2), details necessary for operating loan programs such as revocation of a decision to make loans and repayment of loan amounts shall be prescribed and publicly notified by the Minister of Employment and Labor.
[This Article Newly Inserted on Jun. 9, 2020]
[Title Amended on Dec. 31, 2021]

Article 26 (Assistance for Facilities Contributing to Promoting Employment)

To promote and stabilize employment of insured employees, etc. and to assist business owners in securing their workforce, the Minister of Employment and Labor may, as prescribed by Presidential Decree, provide assistance to those who establish and operate consulting offices, child care centers, or other facilities for promotion of employment prescribed by Presidential Decree.

Enforcement Ordinance

Article 38 (Support for Facilities for Employment Promotion)

(1) "Other facilities for promotion of employment prescribed by Presidential Decree" referred to in Article 26 of the Act means the following facilities:
1. Necessary facilities installed and operated by a local government to promote the employment of underprivileged groups in the job market pursuant to Article 11 (4) of the Framework Act on Employment Policy;
2. Facilities operated for supporting employment by schools designated by the Minister of Employment and Labor among schools prescribed in subparagraphs 1, 2, and 4 of Article 2 of the Higher Education Act;
3. Schools designated by the Minister of Employment and Labor from among special-purpose high schools and specialized high schools prescribed in Articles 90 and 91 of the Enforcement Decree of the Elementary and Secondary Education Act;
4. Talent banks of the aged prescribed in Article 11 of the Act on Prohibition of Age Discrimination in Employment and Elderly Employment Promotion;
5. Other facilities designed to stabilize and promote the employment of the insured, etc. and to secure human resources for business owners, as prescribed by Ordinance of the Ministry of Employment and Labor.

(2) The Minister of Employment and Labor may, pursuant to Article 26 of the Act, grant subsidies to cover expenses incurred in installing and operating a facility for the promotion of employment by a person who installs and operates such facility.

(3) Matters necessary for subsidization of facilities for promotion of employment referred to in paragraph (1) shall be prescribed by the Minister of Employment and Labor.

(4) The Minister of Employment and Labor may, pursuant to Article 26 of the Act, grant subsidies to cover some of the operating expenses of child care centers established and operated, either independently or collaboratively, by business owners, as prescribed by Ordinance of the Ministry of Employment and Labor. In such cases, the level of subsidies may be set higher for an employers' association in which the number of the business owners of enterprises eligible for preferential support and the enterprises eligible for preferential support is at least 50/100 of the total number of the members and which satisfies any of the following criteria:
1. Where the ratio of the number of infants and young children (hereafter in this Article, referred to as "infants and young children eligible for preferential support") of the insured belonging to enterprises eligible for preferential support (limited to the insured who are guardians under the Child Care Act), among infants and young children taken care of at a workplace child care center established and operated by the relevant employers' association as at the end of each month is at least 50/100;
2. Where the ratio of the number of infants and young children eligible for preferential support, among infants and young children taken care of at a workplace child care center established and operated by the relevant employers' association as at the end of each month is less than 50/100 and all the following requirements are met:
(a) Subsidies under subparagraph 1 have been granted;
(b) There shall be no infants and young children eligible for preferential support, for whom application for admission to the relevant workplace child care center has been filed but who have not been admitted.

(5) The Minister of Employment and Labor may, pursuant to Article 26 of the Act, provide loans or partial subsidies to cover the expenses incurred in establishing a child care center by a business owner or an employers' association that intends to establish and operate such center either independently or collaboratively, as determined by the Minister of Employment and Labor; in such cases, the level of loans or subsidies may be set higher for the following business owners or employers' associations:
1. The business owner of an enterprise eligible for preferential support;
2. An employers' association under the latter part of paragraph (4);
3. A business owner or an employers' association that intends to establish a child care center for infants or young children with disabilities.

Enforcement Ordinance

Article 39 (Special Cases concerning Employing Unit subject to Blanket Application)

The individual employing units that become subject to blanket application, as prescribed in Article 8 of the Act on Employment and Industrial Accident Premium Collection shall be deemed a single employing unit for purposes of applying Articles 17, 19, 24, 25, 25-2, 26, and 29.

Enforcement Ordinance

Article 40 (Adjustment of Subsidies)

(1) Where a business owner who meets the requirements for granting subsidies for retaining employees prescribed in Article 19 has satisfied the eligibility requirements for expenses prescribed in Article 17, expenses prescribed in Article 22-2 (1), incentives for employment promotion prescribed in Article 26, incentives for continued employment of seniors prescribed in Article 28-4, or subsidies for employment of seniors provided in Article 28-5 during the implementation period of the employee retention measures, the business owner shall be granted subsidies for retaining employees prescribed in Article 19 except the subsidies or incentives.

(2) Where a business owner becomes simultaneously eligible for at least two of the following subsidies or incentives for the same employee, only one of them shall be granted to the business owner at his or her request: Provided, That where a business owner becomes simultaneously eligible for both a subsidy to be provided when the business requiring employment assistance pursuant to Article 17 (1) 4 additionally hires unemployed youths within an age range determined by the Minister of Employment and Labor (hereafter in this Article referred to as "youth") and a subsidy to be provided to support the long-term employment of youths employed by a small or medium enterprise pursuant to subparagraph 2 of Article 35, both of them may be granted to the business owner:
1. A subsidy prescribed in Article 17 (1) 3 through 7;
2. A subsidy for promotion of local employment prescribed in Article 24;
3. A subsidy for extending employment of seniors prescribed in Article 25;
4. A subsidy for employment of seniors aged at least 60 years prescribed in Article 25-2;
5. An incentive for employment promotion prescribed in Article 26;
6. An incentive for continued employment of seniors under Article 28-4;
6-2. Subsidies for employment of seniors under Article 28-5;
7. An incentive for employment security during the period of childbirth and child care prescribed in Article 29 (1) 3;
8. A subsidy to be provided to business owners prescribed in subparagraphs 1 through 7 of Article 35;
9. A subsidy for operating expenses of workplace child care centers prescribed in Article 38 (4).

(3) If a business owner concurrently meets the requirements for granting subsidies to cover expenses prescribed in Article 17 (1) 1 and 2, only one of those subsidies shall be granted upon request by the business owner.

(4) If a business owner who receives any of the subsidies prescribed in paragraph (3) meets the requirements for receiving any of the subsidies or incentives under paragraph (2) during the period for which the business owner receives the relevant subsidies, the amount calculated by multiplying the amount of the corresponding subsidies or incentives among those prescribed in paragraph (2) by the rate determined and publicly notified by the Minister of Employment and Labor shall be granted upon request by the business owner.

(5) Where a business owner eligible for incentives for the promotion of employment of seniors pursuant to Article 18 of the Addenda to the Enforcement Decree of the Employment Insurance Act (Presidential Decree No. 22603) also satisfies the requirements for receiving subsidies for employment of seniors aged at least 60 years prescribed in Article 25-2, only one of those incentives or subsidies shall be granted upon request by the business owner.

(6) If an employee simultaneously meets the requirements for at least two types of subsidies under Articles 28 or 28-2, only one of those subsidies shall be granted upon choice of the relevant employee.
[Title Amended on Dec. 31, 2010]
[The amended provisions of paragraph (5) of this Article shall be effective until December 31, 2020 pursuant to Article 2 (2) of the Addenda to the Presidential Decree No. 23513 promulgated on January 13, 2012.]

Article 26-2 (Restrictions on Support)

When the Minister of Employment and Labor provides support under Articles 20 through 26, in the cases prescribed by the Presidential Decree, such as where an employer receives subsidies or grants, etc., under other Acts and subordinate statutes, he/she may subtract the relevant amount from the support to be provided.
[This Article Newly Inserted by Act No. 10895, Jul. 21, 2011]

Enforcement Ordinance

Article 40-2 (Restrictions on Subsidization)

"Cases prescribed by Presidential Decree" in Article 26-2 of the Act means where a business owner falls under any of the following by newly employing employees or by taking employee retention measures:
1. Where a business owner receives subsidies and other financial assistance pursuant to the North Korean Refugees Protection and Settlement Support Act;
2. Where a business owner receives subsidies and other financial assistance pursuant to the Industrial Accident Compensation Insurance Act;
3. Where a business owner receives subsidies and other financial assistance pursuant to the Act on the Employment Promotion and Vocational Rehabilitation of Persons with Disabilities;
4. Other cases where a business owner receives financial assistance from the State or local governments.
[This Article Newly Inserted on Sep. 15, 2011]

Article 27 (Assistance to Business Owners in Vocational Skills Development Training)

(1) To develop and improve the vocational skills of insured employees, etc., the Minister of Employment and Labor may, as prescribed by Presidential Decree, provide funds to business owners who provide vocational skills development training prescribed by Presidential Decree to cover expenses necessary for such training.

(2) The Minister of Employment and Labor may provide preferential support to business owners who provide vocational skills development training to any of the following persons pursuant to paragraph (1), as prescribed by Presidential Decree:
1. Fixed-term employees defined in subparagraph 1 of Article 2 of the Act on the Protection of Fixed-Term and Part-Time Employees;
2. Part-time employees defined in Article 2 (1) 9 of the Labor Standards Act;
3. Temporary agency workers defined in subparagraph 5 of Article 2 of the Act on the Protection of Temporary Agency Workers;
4. Daily hire employees;
5. Aged or semi-aged employees defined in subparagraph 1 or 2 of Article 2 of the Act on Prohibition of Age Discrimination in Employment and Elderly Employment Promotion;
6. Other persons prescribed by Presidential Decree.

Enforcement Ordinance

Article 41 (Subsidization for business owners of Vocational Skills Development Training)

(1) "Vocational skills development training prescribed by Presidential Decree" in Article 27 (1) of the Act means vocational skills development training courses recognized under Article 24 (1) of the Act on the Development of Lifelong Vocational Skills of Citizens, which refer to any of the following training courses or work-study programs recognized under Article 15 (2) of the Act on Work-Study Combination at Industrial Sites:
1. A training course for vocational skills development conducted for the insured (excluding the insured defined in subparagraph 1 (b) of Article 2 of the Act (hereinafter referred to as "insured self-employed person"));
2. A training course for vocational skills development offered for persons who are not the insured, but employed by the relevant business owner;
3. A training course for vocational skills development offered for persons that are considered to be employed by the relevant business or any business relating to such business;
4. A training course for vocational skills development offered for persons who have registered themselves with an employment security office for finding a job;
5. A training course for vocational skills development offered for the insured (excluding insured self-employed persons) employed by the relevant business during paid leave (which shall not be annual paid leave prescribed in Article 60 of the Labor Standards Act, but which means leave paid with the wage equal to, or greater than the ordinary wage prescribed in Article 6 of the Enforcement Decree of the Labor Standards Act (hereinafter referred to as "ordinary wage") for the period of leave granted in compliance with any of the following requirements:
(a) A business owner of an enterprise eligible for priority support or a business owner who has a regular workforce of less than 150 employees (hereafter in this subparagraph referred to as "business owner of an enterprise eligible for priority support, etc.") shall grant paid leave of at least 5 consecutive days to his or her employees to enable them to attend the training course for at least 20 hours;
(b) A business owner of an enterprise eligible for priority support, etc. shall continuously grant paid leave of at least 30 days to the relevant employees to have them attend the training course for at least 120 hours and employ substitute employees;
(c) Deleted;
(d) A business owner other than a business owner of an enterprise eligible for priority support, etc. shall continuously grant paid leave of at least 60 days to employees who have been employed for one year or longer to have them attend the training course for at least 180 hours;
(e) Deleted;
(f) A business owner shall grant paid leave to employees who are engaged in production or any related work, as publicly notified by the Minister of Employment and Labor, in order to encourage them to improve the skills and techniques to have them attend the training course for at least 20 hours.

(2) Subsidies for vocational skills development training under paragraph (1) shall be any of the following amounts:
1. A subsidy for vocational skills development training prescribed in any subparagraph of paragraph (1): An amount obtained by multiplying training expenses (limited to expenses that satisfy the standards publicly notified by the Minister of Employment and Labor) by a rate publicly notified by the Minister of Employment and Labor in consideration of the size of the employing unit, etc.: Provided, That a subsidy for the following vocational skills development training shall be the amount prescribed in the main clause plus the amounts classified as follows.:
(a) Vocational skills development training prescribed in paragraph (1) 3 and 4: Training allowances determined and publicly notified by the Minister of Employment and Labor;
(b) Vocational skills development training prescribed in paragraph (1) 5: Of the wages paid during a period of paid leave and the wages paid to substitute employees under paragraph (1) 5 (b), an amount determined and publicly notified by the Minister of Employment and Labor;
2. A subsidy for work-study programs recognized under Article 15 (2) of the Act on Work-Study Combination at Industrial Sites: An amount obtained by multiplying training expenses publicly notified by the Minister of Employment and Labor by a rate publicly notified by the Minister of Employment and Labor in consideration of the type of training, occupational type, size of employing unit, etc. plus prices for boarding and lodging and training incentives.

](3) “Person prescribed by Presidential Decree” in Article 27 (2) 6 of the Act means a person falling under any of the following subparagraphs:
1. Employees engaged in any production or production-related job who are publicly notified by the Minister of Employment and Labor to encourage them to improve their skills and techniques;
2. Employees determined and publicly notified by the Minister of Employment and Labor, to whom a shift work system is newly applied after a business owner newly adopts such shift work system under which the employees are divided into groups to work on a shift basis in order to realize job creation under Article 20 of the Act or after a business owner increases the number of existing employees' groups to a shift work system is applied (limited to the cases of operating not more than four groups);
3. Employees employed on the condition of receiving vocational skills development training and evaluation.

(4) Where the Minister of Employment and Labor intends to preferentially assist a business owner who conducts vocational skills development training for employees falling under any subparagraphs of Article 27 (2) of the Act with expenses necessary for such training, he or she shall determine and publicly notify the level of such assistance in consideration of training expenses, wages paid to persons eligible to receive training and substitute employees during a period of their training, and other expenses necessary for such training.

(5) With respect to vocational skills development training, the extent of assisting training expenses training allowances, the maximum amount of assistance, the procedures for applying for assistance and other matters necessary for assistance shall be prescribed by Ordinance of the Ministry of Employment and Labor.

Article 28 (Subsidization Criteria)

The amount of funds awarded by the Minister of Employment and Labor to a business owner, as prescribed in Article 27 shall be determined by multiplying the sum of monthly premiums for due for employment security and vocational skills development programs specified in the relevant year's employment insurance premium prescribed in Article 16-3 of the Act on the Collection of Insurance Premiums for Employment Insurance and Industrial Accident Compensation Insurance or the relevant year's estimated employment insurance premium prescribed in Article 17 of that Act by a rate determined by Presidential Decree, which also sets forth fund limits.

Enforcement Ordinance

Article 42 (Upper Limits of subsidies)

(1) The total annual amount of training expenses to be subsidized to a business owner under Article 28 of the Act shall be an amount equivalent to 100/100 (or 240/100 for an enterprise eligible for priority support) of either of the insurance premium for the programs for employment security and vocational training among the employment insurance premium a business owner shall pay for the pertinent year, as prescribed in Articles 13 (1) 1 and 16-3 of the Act on Employment and Industrial Accident Premium Collection, or of the insurance premium for the programs for employment security and vocational training among the estimate-based insurance premium for employment insurance a business owner shall pay for the pertinent year, as prescribed in Articles 13 (1) 1 and 17 (1) of the Act on Employment and Industrial Accident Premium Collection: Provided, That the maximum amount of the total expenses that can be subsidized to a business owner who falls under Article 18 (2) may be adjusted to 130/100 (or 300/100 for an enterprise eligible for priority support) of either of the insurance premium for the programs for employment security and vocational training among the employment insurance premium for the pertinent year the business owner shall pay for the pertinent year, or of the insurance premium for the programs for the employment security and vocational training among the estimate-based insurance premium for employment insurance the business owner shall pay for the pertinent year.

(2) Where a business owner provides training courses recognized pursuant to Article 24 of the Act on the Development of Lifelong Vocational Skills of Citizens to employees employed by other business owners, the business owner may receive the subsidies up to 80/100 of either of the insurance premium for the programs for employment security and vocational training among the employment insurance premium the business owner shall pay for the pertinent year, or of the insurance premium for the programs for employment security and vocational training among the estimate-based insurance premium for employment insurance the business owner shall pay for the pertinent year in addition to the subsidies under paragraph (1).

(3) Notwithstanding paragraphs (1) and (2), the minimum amount of subsidized expenses prescribed by the Minister of Employment and Labor shall be the amount of subsidies, where the amount of the subsidies is less than the minimum amount of subsidized expenses prescribed by the Minister of Employment and Labor, considering the size and type of business.

(4) Any of the following subsidies shall not be included in the upper limit of subsidies for vocational skills development training for which the relevant business owner is eligible pursuant to paragraphs (1) through (3):
1. Subsidies for the following vocational skills development training as a vocational skills development training provided in Article 41 (1) 1:
(a) On-site training conducted as a support project for on-site training under Article 52 (1) 13 (limited to where the training period is at least six months);
(b) Vocational skills development training provided as a basic training provided in Article 3 (1) 1 of the Enforcement Decree of the Act on the Development of Lifelong Vocational Skills of Citizens;
2. Subsidies for vocational skills development training prescribed in Article 41 (1) 3 and 4;
3. Any of the following subsidies among the subsidies for vocational skills development training prescribed in Article 41 (1) 5 (a) and (b):
(a) An aggregate of the wages paid during paid leave and the amount corresponding to part of the wages paid to substitute employees, which is subsidized pursuant to Article 41 (2);
(b) Expenses for vocational skills development training publicly notified by the Minister of Employment and Labor in consideration of the fields, period, etc. of vocational skills development training;
4. Work-study program training accredited under Article 15 (2) of the Act on Work-Study Combination at Industrial Sites.

(5) Notwithstanding paragraphs (2) through (4), a business owner for whom assistance for vocational skills development programs is restricted pursuant to Article 35 (4) of the Act shall not be governed by paragraphs (2) through (4) for three years from the insurance year to which the end date of the period of restriction on subsidies or loans pursuant to Article 55 (2) of the Act on the Development of Lifelong Vocational Skills of Citizens belongs.

Article 29 (Assistance for Vocational Skills Development of Insured Employees)

(1) The Minister of Employment and Labor may provide funds to insured employees, etc. who participate in vocational skills development training or otherwise endeavor to develop and improve their vocational skills, to cover necessary expenses, as prescribed by Presidential Decree.

(2) The Minister of Employment and Labor may, if deemed necessary, conduct vocational skills development training to promote the employment of insured employees, etc., as prescribed by Presidential Decree.

(3) Where low-income insured employees, etc. prescribed by Presidential Decree receive training for vocational skills development, the Minister of Employment and Labor may extend loans to help them cover living expenses, as prescribed by Presidential Decree.

Enforcement Ordinance

Article 43 (Subsidization for Development of Employees’ Vocational Skills)

(1) Where any of the following insured, etc. receives vocational skills development training, as prescribed in subparagraph 1 of Article 2 of the Act on the Development of Lifelong Vocational Skills of Citizens (hereinafter referred to as "vocational skills development training"), the Minister of Employment and Labor may, pursuant to Article 29 (1) of the Act, fully or partially subsidize expenses incurred, as prescribed by Ordinance of the Ministry of Employment and Labor:
1. An insured, etc. employed by an enterprise eligible for priority support;
2. An insured, etc. falling under any subparagraph of Article 27 (2) of the Act;
3. An insured self-employed person, etc.;
4. An insured, etc. scheduled to be severed from employment within 180 days from the date an application for employment training is filed with the director of an employment security office;
5. An insured, etc. currently on leave of absence for at least 90 days without pay for management reasons;
6. An insured, etc. aged at least 45 who is employed by a large enterprise and whose income is less than the amount determined and publicly notified by the Minister of Employment and Labor;
7. An insured, etc. who does not receive vocational skills development training conducted by an employer under Article 27 of the Act for at least three years;
8. An insured, etc. under child care leave under Article 19 of the Equal Employment Opportunity and Work-Family Balance Assistance Act.

(2) Expenses required for the vocational skills development training prescribed in paragraph (1) may be paid to the insured, etc. who receive such training or the institutions that conduct such training: Provided, That when an insured, etc. pay a training fee by a credit card prescribed in subparagraph 3 of Article 2 of the Specialized Credit Finance Business Act (hereinafter referred to as "credit card") and the credit card company that issued the credit card pays the amount of the training fee to the training institution, as determined by the Minister of Employment and Labor, the Minister of Employment and Labor may pay the training fee to the credit card company on behalf of the insured, etc. who receive such training.

(3) Matters necessary for the scope of training courses for which training expenses may be subsidized pursuant to paragraph (1) and the procedure for the subsidization shall be prescribed by Ordinance of the Ministry of Employment and Labor.
[Title Amended on Dec. 24, 2013]

Enforcement Ordinance

Article 44 Deleted. [Presidential Decree No. 23139, Sep. 15, 2011]

Enforcement Ordinance

Article 45 (Granting Loans to Cover Skill Development Expenses)

(1) Where an insured (insured self-employed persons shall be limited to those for whom 180 days have passed in aggregate since purchase of insurance as at the date of an announcement of credit business for the relevant year) is admitted to or enrolled in any of the following schools and facilities on his or her own account pursuant to Article 29 (1), the Minister of Employment and Labor may fully or partially grant a loan for the relevant school expenses within the budget:
1. Polytechnic colleges under the Act on the Development of Lifelong Vocational Skills of Citizens;
2. A lifelong education facility in the form of a distance learning college whose graduates shall be recognized as having an academic background and degree equivalent to that of graduates from a junior college, university, or college prescribed in Article 33 (3) of the Lifelong Education Act;
3. A school under Article 2 of the Higher Education Act.

(2) The Minister of Employment and Labor may fully or partially grant a loan to an insured who receives vocational skills development training within the budget: Provided, That this shall not apply to any of the following courses:
1. Activities of exchanging information, such as seminars and symposiums, or general culture courses on current affairs or general knowledge;
2. Courses provided as a hobby, pastime, or sports;
3. Other courses deemed inappropriate by the Minister of Employment and Labor as vocational skills development training courses.

(3) The scope of the persons eligible for loans to help cover tuition fees incurred in a foreign language course as part of vocational skills development training under paragraph (2) shall be determined by the Minister of Employment and Labor.

(4) The interest rate on loans prescribed in paragraphs (1) through (3), the term of such loans, and other conditions of the loans shall be prescribed by the Minister of Employment and Labor, subject to prior consultation with the Minister of Economy and Finance.

(5) Matters concerning the selection of the persons eligible for loans prescribed in paragraphs (1) through (3), the procedure for granting loans, and other matters necessary for granting such loans shall be prescribed by Ordinance of the Ministry of Employment and Labor.

Enforcement Ordinance

Article 46 (Subsidization of Expenses for Development of Abilities)

(1) The Minister of Employment and Labor may, pursuant to Article 29 (1) of the Act, pay all or some of the school expenses, within the budget, on behalf of the insured of enterprises eligible for priority support (excluding insured self-employed persons), who are admitted to or enrolled in a school or facility falling under any subparagraph of Article 45 (1) and who demonstrates excellent academic performance.

(2) Matters necessary for the selection of persons eligible for subsidization under paragraph (1), the amount and methods of such subsidization shall be prescribed by the Minister of Employment and Labor.

Enforcement Ordinance

Article 47 (Assistance in Employment Training)

(1) The Minister of Employment and Labor may provide vocational training courses for the unemployed that are deemed necessary for starting a business or finding jobs, as prescribed in Article 29 (2) of the Act:
1. Deleted;
2. Deleted;
3. Deleted;
4. Deleted.

(2) The expenses incurred in connection with the training courses for employment under paragraph (1) may be paid to persons who attend such training courses or the institutions that provide such training courses: Provided, That where a person who receives training has paid training fees with credit cards, as determined by the Minister of Employment and Labor, and a credit card company that issued the credit card has paid the training fee to the training institution, the Minister of Employment and Labor may pay the training fee to the relevant credit card business company on behalf of the trainee.

(3) Where an unemployed person who attends an employment training course prescribed in paragraph (1) is not eligible for job-seeking benefits prescribed in Article 43 (1) of the Act, the Minister of Employment and Labor may pay him or her the training allowance.

(4) The Minister of Employment and Labor may extend a loan to fully or partially cover training expenses to a person who was formerly insured, but am now unemployed and who attends the employment training course prescribed in paragraph (1).

(5) Matters concerning the selection of persons eligible for loans prescribed in paragraph (4), procedures for extending such loans, the number of such loans extended, and other necessary matters for extension of such loans shall be prescribed by Ordinance of the Ministry of Employment and Labor.

(6) The institutions offering training courses for employment prescribed in paragraph (1) and other matters necessary for the implementation of employment training courses shall be prescribed by Ordinance of the Ministry of Employment and Labor.
[Title Amended on Sep. 15, 2011]

Enforcement Ordinance

Article 47-2 (Loan for Living Expenses during Vocational Skills Development Training)

(1) "Low-income insured persons, etc. prescribed by Presidential Decree" in Article 29 (3) of the Act means those who meet the selection standards determined and publicly notified by the Minister of Employment and Labor in consideration of the income level and the history of loans, among the following persons:
1. An insured under subparagraph 1 (a) of Article 2 of the Act who is on leave without receiving money and valuables including leave benefits;
2. An insured self-employed person;
3. An insured, etc. falling under any subparagraph of Article 27 (2) of the Act;
4. A person formerly insured while being unemployed (excluding those who are receiving unemployment benefits under Chapter IV of the Act) when he or she applied for loans to cover living expenses under Article 29 (3) of the Act;
5. An insured, etc. who falls under subparagraph 5 (f) of Article 35;
6. Other insured, etc. deemed to need loans to cover living expenses by the Minister of Employment and Labor.

(2) The living expenses prescribed in Article 29 (3) of the Act may be loaned within the budget.

(3) The Minister of Employment and Labor shall determine whether to extend loans for living expenses incurred in the execution of vocational skills development training to an applicant who receives such training by verifying whether the applicant meets the eligibility for loans prescribed in paragraph (1).

(4) Matters concerning application for loans prescribed in paragraph (3), procedures for determining whether to extend loans, loan cancellation, the amount of loan and methods for repayment, etc. and other necessary matters concerning the operation of a loan mechanism shall be determined and publicly notified by the Minister of Employment and Labor.
[This Article Newly Inserted on Mar. 12, 2009]

Enforcement Ordinance

Article 48 (Loans for Expenses Incurred by Vocational Skills Development Training Facilities)

(1) Pursuant to Article 30 of the Act, the Minister of Employment and Labor may grant a loan, within the budget, to a business owner, an employers' association, or an employee' association, which has conducted or intends to conduct vocational skills development training, a juristic person established with permission from the Minister of Employment and Labor to offer vocational skills development training pursuant to Article 32 of the Act on the Development of Lifelong Vocational Skills of Citizens, and a person who installs and operates a designated vocation training facility prescribed in subparagraph 3 (b) of Article 2 of that Act to defray the expenses incurred in installing vocational skills development training facilities and purchasing equipment for such facilities.

(2) The interest rates on loans prescribed in paragraph (1), the term of such loans, and other conditions of the loans shall be prescribed by the Minister of Employment and Labor, subject to prior consultation with the Minister of Economy and Finance. In such cases, a different interest rate may be set for the business owner of an enterprise eligible for priority support, an employers' association of such enterprises, and a business owner or an employers' association that has implemented or intends to implement a vocational skills development program under Article 52 (1) 6.

(3) Matters necessary for loan limits to cover expenses prescribed in paragraph (1) and the procedure for the extension of such loans shall be prescribed by Ordinance of the Ministry of Employment and Labor.

Enforcement Ordinance

Article 49 (Subsidization of Vocational Skills Development Training Facilities)

(1) Pursuant to Article 30 of the Act, the Minister of Employment and Labor may subsidize part of the expenses incurred in installing a facility or purchasing equipment, within the budget, where a business owner, employers' association, or federation of such organizations, independently or collaboratively, installs a facility for vocational skills development training or purchases equipment for such facility in order to conduct training in any of the occupations publicly notified by the Minister of Employment and Labor, including the governmental organizations and strategic industries under Article 15 of the Act on the Development of Lifelong Vocational Skills of Citizens, or where a public organization that has installed a public vocational training facility pursuant to subparagraph 3 (a) of Article 2 of the Act on the Development of Lifelong Vocational Skills of Citizens improves or repairs an antiquated facility or purchases equipment. In such cases, a business owner who runs an enterprise eligible for priority support, an employers' association of such enterprises, or a business owner or an employers' association that carries out vocational skills development programs prescribed in Article 52 (1) 6 may be granted preferential treatment.

(2) Matters necessary for limits on and procedures for the subsidization prescribed in paragraph (1) shall be prescribed by Ordinance of the Ministry of Employment and Labor.

Article 31 (Promotion of Vocational Skills Development)

(1) To encourage insured employees, etc. to develop and improve their vocational skills, the Minister of Employment and Labor may operate any of the following programs, or provide grants to persons who operate such programs to help them cover the expenses incurred in carrying out such programs:
1. Programs to provide technical assistance and evaluation for vocational skills development programs;
2. Programs for certification of technical skills and programs to promote skilled crafts, as prescribed in the Act on Encouragement of Skilled Crafts;
3. Other programs prescribed by Presidential Decree.

(2) The Minister of Employment and Labor may, as prescribed by Presidential Decree, entrust appropriate persons with operation of programs for vocational skills development training for occupational categories specified by the Minister of Employment and Labor if deemed necessary to develop and improve the vocational skills of the workforce and to achieve a better balance between manpower supply and demand.

Enforcement Ordinance

Article 51 (Subsidization of Qualification Testing Programs)

(1) Pursuant to Article 31 (1) 2 of the Act, the Minister of Employment and Labor may fully or partially grant subsidies to cover expenses incurred in either of the following programs to a person who provides such program:
1. A qualification test program conducted by a business owner in order to improve skills of employees;
2. A program conducted by a testing institution for national technical qualifications prescribed in the National Technical Qualifications Act for convenience of the insured in acquiring qualifications.

(2) A qualification test program prescribed in paragraph (1) 1 shall meet each of the following requirements:
1. The qualification test program shall be conducted by the relevant business owner, independently or collaboratively, for the employees employed by the relevant business or any business relating to such business;
2. The tested qualification shall be directly related to knowledge and skills required for the relevant business;
3. A rule shall be established and implemented to preferentially treat employees who acquire the relevant qualifications in promotion or rise in rank, or in pay;
4. No expense, including any testing fee, shall be charged in connection with the testing program to the employees who wish to acquire the relevant qualification;
5. No qualification test program shall be conducted for profit;
6. The program shall meet the requirements prescribed by Ordinance of the Ministry of Employment and Labor.

(3) Matters necessary for application for subsidization of the expenses prescribed in paragraph (1) and the method of subsidization shall be prescribed by Ordinance of the Ministry of Employment and Labor.

Enforcement Ordinance

Article 52 (Promotion of Vocational Skills Development)

(1) "Programs prescribed by Presidential Decree" in Article 31 (1) 3 of the Act means the following projects:
1. Projects concerning surveys and research on vocational skills development programs;
2. Projects concerning education and public relations for vocational skills development programs;
3. Projects concerning the development, compilation, and distribution of medium for vocational skills development training;
4. Vocational skills development projects conducted collaboratively by an employers' association, employees’ association, or federation of such organizations;
5. Projects concerning support for the accreditation system for good enterprises in the development of human resources;
6. Vocational skills development projects conducted by a business owner, an employers' association, or a school prescribed in Article 2 of the Higher Education Act after entering into an agreement with two or more business owners who conduct vocational skills development training for their employees;
7. Projects concerning education and training conducted for nurturing and developing skills of the trainers for vocational skills development prescribed in Articles 36 and 37 of the Act on the Development of Lifelong Vocational Skills of Citizens and the staff in charge of the development of human resources prescribed in Article 19 (1) 7 of the Enforcement Decree of that Act;
8. Workplace skill development projects conducted pursuant to Article 12 of the Act on the Development of Lifelong Vocational Skills of Citizens;
9. Educational and training projects conducted in accordance with an educational or training curriculum of a polytechnic college, as prescribed in Article 40 of the Act on the Development of Lifelong Vocational Skills of Citizens;
10. Vocational skills development training conducted in order to improve the performance of essential duties of a business owner or employees of an enterprise eligible for priority support (which shall be limited to exceptional training programs determined by the Minister of Employment and Labor);
11. Vocational skills development projects conducted in order for employees of enterprises eligible for priority support to have extended opportunities to obtain knowledge on their jobs or promote the systemization of their learning so that the knowledge on duties within such enterprises can be accumulated and shared easily;
12. Vocational skills development projects conducted to improve the skills of business owners or staff in charge of the development of human resources in enterprises eligible for priority support for developing human resources;
13. Systematic support projects for on-site training for enterprises eligible for priority support;
14. Deleted;
15. Other projects designed to promote vocational skills development.

(2) Where the vocational skills development projects prescribed in paragraph (1) 6 are executed, the Minister of Employment and Labor shall directly grant to the implementers of the relevant vocational skills development projects the aggregated amount the ratio of which is determined and publicly notified by the Minister of Employment and Labor (hereafter in this paragraph referred to as "individual amount") out of the maximum amount of the subsidies for annual training expenses for vocational skills development which each of the business owners who entered into agreement is entitled to receive pursuant to Article 42 (1) through (3). In such cases, such amount shall be deemed to have been subsidized for each of the business owners who entered into agreement, within the limit of subsidized expenses pursuant to Article 42 (1) through (3).

(3) Matters necessary for application for the subsidization of expenses prescribed in paragraph (1) and the method of such subsidization shall be prescribed by the Minister of Employment and Labor.

Enforcement Ordinance

Article 53 (Implementation of Entrusted Training Programs for Development of Occupational Abilities)

(1) When the Minister of Employment and Labor intends to entrust the execution of vocational skills development training programs pursuant to Article 31 (2) of the Act, he or she shall establish annual plans to implement the training vocational skills development programs which he or she intends to entrust.

(2) The programs for vocational skills development training prescribed in paragraph (1) shall be construed as vocational skills development training for occupations relating to the national infrastructure and strategic industries pursuant to Article 15 of the Act on the Development of Lifelong Vocational Skills of Citizens (hereinafter referred to as "training for occupations relating to the national infrastructure and strategic industries").

(3) Training for occupations relating to the national infrastructure and strategic industries shall be conducted by facilities or institutions entrusted pursuant to each subparagraph of Article 12 of the Enforcement Decree of the Act on the Development of Lifelong Vocational Skills of Citizens.

(4) Matters necessary for the performance of training for occupations relating to the national infrastructure and strategic industries, such as trainees, training procedures, training expenses and allowances, etc. of the training for occupations relating to the national infrastructure and strategic industries shall be prescribed by Ordinance of the Ministry of Employment and Labor.

Article 32 (Assistance for Vocational Skills Development of Construction Workers)

(1) The Minister of Employment and Labor may provide grants to business owners who operate programs to develop and improve the vocational skills of construction workers and others in precarious employment, as prescribed by Presidential Decree to cover necessary expenses incurred in operating such programs.

(2) The Minister of Employment and Labor may, as prescribed by Presidential Decree, provide assistance to a business owners' association to operate a vocational skills development program prescribed in paragraph (1) if it is impractical for a single business owner to operate such program.

Enforcement Ordinance

Article 54 (Subsidization of Vocational Skills Development of Construction Workers)

(1) Where a business owner of a construction business or employers' association conducts vocational skills development training in order to develop and improve vocational skills of construction workers who are not employed at a specific place of business, as determined and publicly notified by the Minister of Employment and Labor, the Minister of Employment and Labor may, pursuant to Article 32 of the Act, partially subsidize expenses incurred therein, and may also subsidize expenses incurred in training, where a training allowance is paid to such construction workers during the training period.

(2) As to the subsidization of the training expenses for vocational skills development prescribed in paragraph (1), Article 41 (2) shall apply mutatis mutandis.

Article 33 (Establishment of Resources for Information and Assistance Services)

(1) The Minister of Employment and Labor may operate programs for provision of employment information about hiring, job search, training, etc. to business owners and insured employees, etc., vocational guidance such as consultation on jobs and training, job placement, establishment of resources for employment security and vocational skills development and employment of service personnel necessary therefor, and other relevant services.

(2) The Minister of Employment and Labor may, if necessary, assign some of the services prescribed in paragraph (1) to private employment consultants, as provided for in Article 4-4 of the Employment Security Act.

Article 34 (Assistance to Local Governments)

The Minister of Employment and Labor may provide necessary assistance to a local government or a non-profit corporation or organization prescribed by Presidential Decree for operating employment security and employment promotion programs or vocational skills development programs for insured employees, etc. in the region, as prescribed by Presidential Decree.

Enforcement Ordinance

Article 55 (Support for Local Governments and Others)

(1) "Non-profit corporation or organization prescribed by Presidential Decree" in Article 34 of the Act means a non-profit juristic corporation established pursuant to Acts or established with permission or authorization from the State or a local government or a non-profit organization registered pursuant to the Assistance for Non-Profit, Non-Governmental Organizations Act.

(2) Where a local government or a non-profit juristic person or organization, as prescribed in paragraph (1) carries out a project for employment security and promotion of employment of the insured in its area and the vocational skills development, the Minister of Employment and Labor may, pursuant to Article 34 of the Act, subsidize all or part of the expenses of such project within the budget.

(3) The Minister of Employment and Labor shall, when he or she intends to subsidize expenses pursuant to paragraph (2), issue a prior public announcement of the type and details of the eligible projects, the requirement, details, and standards of such subsidization, and the methods of application for such subsidization.

Article 35 (Restriction on Assistance due to Improper Acts)

(1) With respect to a person who attempts to obtain, or has already obtained assistance provided in relation to any program for employment security and vocational skills development prescribed in this Chapter by fraud or other improper means, the Minister of Employment and Labor shall not provide the subsidies sought nor the remainder of subsidies yet to be offered, and shall restrict further assistance, as prescribed by Presidential Decree, within one year, and issue an order to return the subsidies already provided by fraud or other improper means.

(2) In issuing an order for return pursuant to paragraph (1), the Minister of Employment and Labor may charge an additional amount based on the criteria set forth by Ordinance of the Ministry of Employment and Labor, which may not exceed five times the full amount subject to return that the person has obtained by fraud or other improper means.

(3) Where a person who obtained assistance provided in relation to a program for employment security and vocational skills development has received an erroneously paid subsidy, the Minister of Employment and Labor may order him or her to return the subsidy.

(4) Notwithstanding paragraphs (1) and (2), Articles 55 and 56 of the Act on the Development of Lifelong Vocational Skills of Citizens shall apply mutatis mutandis to restriction on assistance, return and additional collection for those who have received or intend to receive assistance for vocational skills development programs by fraud or other improper means.

(5) The Minister of Employment and Labor may refuse to provide assistance for employment security and vocational skills development programs prescribed in this Chapter to those who are in arrears on premiums, as determined by Ordinance of the Ministry of Employment and Labor.
[Article 35 (1) is amended on Jan. 20, 2015 (Act No. 13041) in accordance with the Constitutional Court's decision that held this paragraph unconstitutional on Aug. 29, 2013]

Enforcement Ordinance

Article 56 (Restrictions on Granting of Subsidies on Account of Improper Acts)

(1) Where a person has received, or intends to receive, any of the subsidies or incentives specified in Articles 17, 19, 21-3, 21-4, 22, 22-2, 24, 25, 25-2, 26, 28, 28-2, 28-4, 28-5, 29, 33, 35, 35-2, 36, 37, 37-2, 38, and 55 by fraud or other improper means, the Minister of Employment and Labor shall not grant, pursuant to Article 35 (1) of the Act, the unpaid amount of the subsidies or incentives that the person intends to receive, and shall also order such person to return the subsidies or incentives that have already been paid to him or her by fraud or other improper means.

(2) With respect to a person that has received, or intends to receive, any of the subsidies or incentives specified in paragraph (1) by fraud or other improper means as referred to in Article 35 (1) of the Act, the Minister of Employment and Labor shall impose restrictions on the payment of subsidies or incentives during the period specified in attached Table 2 in relation to any subsidy or incentive that falls under any of the subsidies or incentives specified in paragraph (1) that are to be newly granted, within one year from the date the Minister has issued an order to return or restricted the payment thereof under paragraph (1): Provided, That the period of the aforementioned payment restriction may be reduced up to one third of the said period of payment restriction, considering the extent of such impropriety, motivation, results, etc.

(3) A person who receives an order to return under paragraph (1) (including an order for an additional payment under Article 35 (2) of the Act; hereafter in this Article the same shall apply) shall pay the notified amount within 30 days from the date a notice thereof is issued to him or her. In such cases, such payment shall be made in lump sum, but it may be paid in installments, as determined by the Minister of Employment and Labor, where the amount of payment exceeds10 million won.

(4) Where a person who was ordered to return subsidies under paragraphs (1) and (3), or Article 56 of the Act on the Development of Lifelong Vocational Skills of Citizens (limited to orders to return the amount subsidized or loaned in the form of a fund) fails to meet such obligation of payment within the given period, no subsidies or incentives specified in the Act or training expenses for vocational skills development specified in the Act on the Development of Lifelong Vocational Skills of Citizens shall be paid to him or her from the date such period ends until the date said obligation is fulfilled.

Article 36 (Performing Duties by Proxy)

The Minister of Employment and Labor may, if deemed necessary, authorize any person prescribed by Presidential Decree to conduct some of the affairs prescribed in Articles 19 and 27 through 31 on his or her behalf.

Enforcement Ordinance

Article 57 (Vicarious Execution of Business Affairs)

(1) "Any person prescribed by Presidential Decree" referred to in Article 36 of the Act means the following:
1. The Human Resources Development Service of Korea prescribed in the Human Resources Development Service of Korea Act (hereinafter referred to as the "Human Resources Development Service of Korea");
2. Polytechnic colleges under the Act on the Development of Lifelong Vocational Skills of Citizens;
3. Workplace skills development organizations prescribed in Article 23 of the Act on the Development of Lifelong Vocational Skills of Citizens.

(2) When the Minister of Employment and Labor commissions a person to carry out any of his or her business affairs on his or her behalf pursuant to Article 36 of the Act, he or she shall subsidize the expenses incurred in carrying out such affairs through the fund.

Enforcement Ordinance

Article 13 Deleted.

Enforcement Ordinance

Article 14 Deleted.

Enforcement Ordinance

Article 15 Deleted.

Enforcement Ordinance

Article 16 Deleted.

Enforcement Ordinance

Article 21-4 (Support for Measures for Development and Improvement of Vocational Skills)

(1) The Minister of Employment and Labor may provide a business owner with support necessary for taking measures for development, improvement, etc. of vocational skills of the insured as part of employee retention measures prescribed in Article 21-3 (4).

(2) Matters necessary for the process of applying for support, the method of providing support, etc. shall be determined by the Minister of Employment and Labor.
[This Article Newly Inserted on Apr. 22, 2013]

Enforcement Ordinance

Article 23 Deleted.

Enforcement Ordinance

Article 22-2 (Support for Agreement between Management and Labor for Employee Retention)

(1) Where a business owner facing an inevitable employment adjustment under Article 21 (1) of the Act decides to retain the insured employed by the relevant employing unit through conclusion of a collective agreement, changes in rules of employment or in employment contract, or other mutual agreement, the Minister of Employment and Labor may provide necessary expenses to the business owner within the budget.

(2) Where the relevant insured meet the insured' eligibility requirements for subsidies under Article 21-3, the Minister of Employment and Labor shall not provide support under paragraph (1) to the business owner employing the insured.

(3) Matters necessary for the methods and procedures for selecting persons eligible for support, the methods and procedures for support under paragraph (1) shall be determined and publicly notified by the Minister of Employment and Labor.
[This Article Newly Inserted on Jun. 9, 2020]

Enforcement Ordinance

Article 28-4 (Incentive for Continued Employment of Seniors)

(1) Where a business owner extends or abolishes retirement age or continues to employ or reemploy an employee who reaches retirement age without any change in the retirement age, the Minister of Employment and Labor may subsidize part of the expenses incurred in doing so.

(2) Eligible recipients of, requirements for, the level and period of such subsidization under paragraph (1), the methods and procedures for application for subsidy, and other necessary matters shall be determined and publicly notified by the Minister of Employment and Labor.
[This Article Newly Inserted on Dec. 31, 2019]

Enforcement Ordinance

Article 28-5 (Subsidies for Employment of Seniors)

(1) The Minister of Employment and Labor may provide a business owner with subsidies to cover some of expenses incurred in hiring employees aged 60 or older at or above the level prescribed by Ordinance of the Ministry of Employment and Labor, pursuant to Article 23 of the Act.

(2) Matters necessary for subsidization under paragraph (1), such as persons eligible for subsidization, requirements for subsidization, level of subsidization, subsidization period, application period, and methods and procedures for application, shall be determined and publicly notified by the Minister of Employment and Labor.
[This Article Newly Inserted on Dec. 31, 2021]

Enforcement Ordinance

Article 29 (Incentives for Employment Security during Period of Childbirth and Child Care)

(1) The Minister of Employment and Labor shall pay incentives for employment security during the period of childbirth and child care to the following business owners, pursuant to Article 23 of the Act:
1. Deleted;
2. A business owner of an enterprise eligible for priority support who grants an insured employee a child care leave prescribed in Article 19 of the Equal Employment Opportunity and Work-Family Balance Assistance Act or a reduction of working hours during the period of child care prescribed in Article 19-2 of that Act (hereinafter referred to as "child care leave, etc.") for at least 30 days (excluding the period overlapping with the period of a maternity leave prescribed in Article 74 (1) of the Labor Standards Act (hereinafter referred to as "maternity leave"));
3. A business owner of an enterprise eligible for priority support who meets all of the following requirements, while granting or allowing an insured employee a maternity leave, a miscarriage or stillbirth leave prescribed in Article 74 (3) of the Labor Standards Act (hereinafter referred to as "miscarriage or stillbirth leave") or a reduction of working hours during the period of child care for at least 30 days and employing a substitute employee:
(a) The business owner shall fall under any of the following categories:
(i) Where the business owner continuously employs a new substitute employee for at least 30 days from two months before the beginning of a maternity leave, a miscarriage or stillbirth leave, or a reduction of working hours during the period of child care (or the two months before the beginning of a maternity leave if a miscarriage or stillbirth leave, or a reduction of working hours during the period of child care begins consecutively after the maternity leave);
(ii) Where the business owner who allows an insured employee to work reduced hours during her pregnancy for more than 60 days and employs a substitute employee, continuously employs the substitute employee after the employee in question finishes working reduced working hours and consecutively begins a maternity leave, a miscarriage or stillbirth leave, or a reduction of working hours during the period of child care; in such cases, the period of employment of substitute employees shall be at least 30 days;
(b) Deleted;
(c) The business owner shall not sever the employment relationship with any employee (excluding employees employed after substitute employees are newly employed) for employment adjustment during the period from three months before employing a new employee as a substitute to one year thereafter (where the employment period of the relevant substitute employee is less than one year, referring to the period until the termination of the relevant employment relationship).

(2) Notwithstanding paragraph (1), the Minister of Employment and Labor shall not pay incentives for employment security during the period of childbirth and child care to the following business owners:
1. A business owner of an institution specified in subparagraph 1 (a) through (c) of Article 2 of the Act on the Prevention of Corruption and the Establishment and Management of the Anti-Corruption and Civil Rights Commission or a public institution designated and publicly notified pursuant to Articles 4 through 6 of the Act on the Management of Public Institutions;
2. A business owner whose name is listed and disclosed pursuant to Article 43-2 of the Labor Standards Act due to his or her delayed payment of wages, etc.;
3. A business owner of the subjects or types of business determined and publicly notified by the Minister of Employment and Labor as not conforming to the purpose of subsidization under Article 23 of the Act.

(3) The amount of incentives for employment security during the period of childbirth and child care prescribed in paragraph (1) 2 shall be calculated by multiplying the amount determined and publicly notified by the Minister of Employment and Labor each year by the number of months of the child care leave, etc. used by an employee, taking into consideration the employer's burden of labor costs resulting from granting the child care leave, the age of the child subject to the child care leave, etc., and other factors.

(4) Incentives for employment security during the period of childbirth and child care prescribed in paragraph (1) 3 (hereinafter referred to as “subsidies for substitute employees”; hereafter in this Article the same shall apply) shall be calculated by multiplying the amount determined and publicly notified by the Minister of Employment and Labor, considering the business owner’s burden of labor costs due to employment of substitute employees, by the number of months for which a substitute employee has been employed during the period for which the relevant employee has taken a maternity leave or a miscarriage or stillbirth leave, or reduced his or her working hours for the period of child care (including the two-month period for transfer of duties before taking a maternity leave or a miscarriage or stillbirth leave, or reducing his or her working hours for the period of child care), but where the State or a local government has paid subsidies or incentives, etc. to business owners for the employment of the relevant substitute employees under this Decree or other statutes or regulations, the relevant subsidies or incentives shall be excluded from the subsidies for substitute employees. In such cases, the subsidies for substitute employees shall not exceed the amount of wage paid by business owners to the relevant substitute employees.

(5) The incentives for employment security during the period of childbirth and child care referred to in paragraph (1) shall be provided according to the following classification:
1. In cases falling under paragraph (1) 2: The amount equivalent to 50/100 of the incentives for employment security during the period of childbirth and child care under paragraph (3) shall be paid after the business owner satisfies the requirements referred to in paragraph (1) 2, and the remaining amount shall be aggregated and paid in lump sum after the relevant business owner continues to hire the employee who took maternity leave as an insured for at least six months after lapse of the prescribed period;
2. In cases falling under paragraph 1 (3): The amounts classified as follow shall be paid where the business owner satisfies the requirements referred to in paragraph (1) 3 and the remaining amount shall be aggregated and paid in lump sum where the relevant business owner continues to hire the employee who took a maternity leave or a miscarriage or stillbirth leave, or reduced reducing his or her working hours during the period of child care as an insured for at least one month (including cases where the business owner is unable to hire the employee for at least one month for his or her personal reasons) after the end of the maternity leave, the miscarriage or stillbirth leave, or the reduction of working hours during the period of child care:
(i) Period for transfer of duties: 100/100 of the subsidies for substitute employees under paragraph (4);
(ii) The period of a maternity leave or a miscarriage or stillbirth leave, or the period of reduced working hours during the period of child care: 50/100 of the subsidies for substitute employees under paragraph (4).

(6) Matters necessary for application for and payment of incentives for employment security during the period of childbirth and child care prescribed in paragraph (1), such as the application period, shall be prescribed by Ordinance of the Ministry of Employment and Labor.
[This Article Wholly Amended on Dec. 31, 2010]
[Title Amended on Dec. 30, 2016]

Enforcement Ordinance

Article 32-2 Deleted.

Enforcement Ordinance

Article 50 Deleted.

Article 30 (Assistance for Vocational Skills Development Training Facilities)

Insofar as the Minister of Employment and Labor determines that any assistance is necessary to develop and improve the vocational skills of insured employees, etc., the Minister of Employment and Labor may extend loans to help them cover expenses necessary for establishing and equipping vocational skills development training facilities, as prescribed by Presidential Decree and provide grants to help them cover expenses necessary for establishing, equipping, and operating such vocational skills development training facilities as the Minister determines to be eligible.

CHAPTER Ⅳ Unemployment Benefits

SECTION 1 General Provisions

Article 37 (Types of Unemployment Benefits)

(1) Unemployment benefits shall be classified into job-seeking benefits and employment promotion allowances.

(2) Types of employment promotion allowances are as follows:
1. Early re-employment allowance;
2. Vocational skills development allowance;
3. Long-distance job search allowance;
4. Relocation allowance.

Article 38 (Protection of Rights to Receive Benefits)

(1) No right to receive unemployment benefits may be transferred, seized, or pledged.

(2) No right to claim deposits in the unemployment benefit receipt account designated under Article 37-2 (1), which is not more than the amount prescribed by Presidential Decree, may be seized.

Article 38-2 (Exemption from Public Charges)

The State or local governments shall not impose public charges (referring to public charges prescribed in subparagraph 8 of Article 2 of the Framework Act on National Taxes or Article 2 (1) 26 of the Framework Act on Local Taxes) on money and valuables that are provided as unemployment benefits.
[This Article Newly Inserted on Mar. 22, 2013]

Article 39 Deleted.


Enforcement Ordinance

Article 58 (Decision and Notice of Payment of Unemployment Benefits)

The head of an employment security office shall, after deciding whether to pay unemployment benefits, give notice of the decision in writing to the applicant: Provided, That a notice of a decision to pay unemployment benefits may be substituted by the issuance of a certificate of eligibility for benefits prescribed in Article 62 stating the fact of such decision, and where the applicant agrees, such notice may be delivered through information and communications networks.

Enforcement Ordinance

Article 58-3 (Amount of Unemployment Benefits Unseizable)

“Amount prescribed by Presidential Decree” in Article 38 (2) of the Act means the full amount transferred to the unemployment benefit receipt account pursuant to Article 37-2 (1) of the Act.
[This Article Newly Inserted on Apr. 20, 2015]

Enforcement Ordinance

Article 59 (Drawing Up Original Register of Benefits)

(1) The head of an employment security office shall, when paying unemployment benefits, prepare a benefit ledger for each recipient to whom unemployment benefits are paid.

(2) The head of an employment security office shall, upon receipt of a request from a person who has any relation with the insurance, allow him or her to inspect the benefit ledger, and shall issue a certificate thereof, if deemed necessary.

SECTION 2 Job-seeking Benefits

Article 40 (Eligibility Requirements for Job-Seeking Benefits)

(1) Where an insured employee who has left his or her job satisfies all of the following requirements, job-seeking benefits shall be paid to him or her: Provided, That subparagraphs 5 and 6 shall apply only to a person who has been a daily hire employee at the time of most recent job-leaving:
1. The number of qualifying days in covered employment (referring to the qualifying days in covered employment prescribed in Article 41; hereinafter the same shall apply) during the base period prescribed in paragraph (2) (hereinafter referred to as "base period") shall amount to at least 180 days;
2. The insured employee is able and willing to work but is still yet to secure employment (including self-employment in a for-profit business; hereafter the same shall apply in this Chapter and Chapter V);
3. The reasons for job-leaving shall not fall under any of the disqualifying conditions set forth in Article 58;
4. The insured employee shall be actively seeking reemployment;
5. Any of the following shall be applicable to the insured employee:
(a) The sum of the number of working days from the beginning of the month immediately preceding the month in which the date of application for recognition of eligibility for benefits under Article 43 falls to the date of application for recognition of eligibility for benefits shall be less than 1/3 of the total number of days in the same period;
(b) An insured employee shall be a daily hire employee working in the construction industry (referring to a person who is a daily hire employee and has worked, at the time of job-leaving, in the construction industry under the section classification on the Korean Standard Industrial Classification publicly notified by the Commissioner of the Statistics Korea as prescribed in Article 22 (1) of the Statistics Act; hereinafter the same shall apply) and have no record of work performed during the 14 continuous days before the date such insured employee applies for recognition of eligibility for benefits;
6. Where the insured employee has been severed from another employment due to a reason falling under the grounds for disqualification under Article 58 during the qualifying days in covered employment during the base period at the time of most recent job-leaving, the insured employee shall have worked as a daily hire employee for at least 90 days during the qualifying days in covered employment.

(2) The base period shall be 18 months before the date of job-leaving, but if an insured employee falls under any of the following cases, the base period shall be the period classified as follows:
1. Where an insured employee has earned no remuneration due to illness, injury, or other grounds prescribed by Presidential Decree for 30 days during the 18 months before the date of job-leaving: A period (if the period exceeds three years, it shall be deemed three years) obtained by aggregating 18 months and the number of days in which such insured employee has not been paid remuneration due to such reason;
2. Where all of the following requirements are satisfied: 24 months before the date of job-leaving:
(a) An insured employee shall have worked as a worker whose contractual working hours per week are less than 15 hours and contractual working days per week are two days or less at the time of job-leaving;
(b) An insured employee shall have worked as a worker to whom item (a) is applicable for at least 90 days during the qualifying days in covered employment in the 24 months before the date of job-leaving.

Enforcement Ordinance

Article 60 (Grounds for Extension of Standard Period)

"Other grounds prescribed by Presidential Decree" in Article 40 (2) 1 of the Act means the following: Provided, That the acceptance of money and valuables prescribed by the Minister of Employment and Labor pursuant to the proviso of subparagraph 5 of Article 2 of the Act shall be excluded herefrom:
1. Business suspension of a place of business;
2. Leave related to pregnancy, childbirth, or child care;
3. Other grounds determined and publicly notified by the Minister of Employment and Labor as a leave of absence or any other similar situation.

Article 41 (Qualifying Days in Covered Employment)

(1) The number of qualifying days for employees in covered employment shall be calculated as the sum of the number of days in covered employment for which remuneration is paid: Provided, That the number of qualifying days in covered employment applicable to insured self-employed persons shall be deemed the number of qualifying days in covered employment under the proviso to Article 50 (3) and Article 50 (4).

(2) In calculating the number of qualifying days in covered employment, as prescribed in paragraph (1), if a person already received job-seeking benefits before the date insured status was lastly attained, the qualifying days in covered employment occurred before the date of forfeiture of the insured status related to the job-seeking benefits shall be excluded from the calculation.

(3) Where an insured employee has worked as a person falling under at least two of the categories from among employees, artists under Article 77-2 (1), and workers under Article 77-6 (1) during the base period referred to in Article 40 (2), the qualifying days in covered employment shall be prescribed by Presidential Decree.

Article 42 (Reporting of Unemployment)

(1) A person who intends to be paid job-seeking benefits shall, upon job-leaving, report his or her unemployment to an employment security office without delay: Provided, that if there is a reason prescribed by Ordinance of the Ministry of Employment and Labor, such as difficulty in attending due to a disaster defined in subparagraph 1 of Article 3 of the Framework Act on the Management of Disasters and Safety, the report may be filed through the employment information system under Article 15-2 of the Framework Act on Employment Policy.

(2) Reporting of unemployment done under paragraph (1) shall include application for job-seeking and recognition of eligibility for benefits prescribed in Article 43.

(3) A person who intends to report his or her unemployment to be paid job-seeking benefits pursuant to paragraph (1) may request the owner of a business in which such person was employed before job-leaving to issue data by which qualifying days in covered employment, contractual working hours per day before job-leaving, etc. are verifiable (hereinafter referred to as "job-leaving certificate"). In such case, the business owner in receipt of such request shall issue a job-leaving certificate as prescribed by Ordinance of the Ministry of Employment and Labor.

Article 43 (Recognition of Eligibility for Benefits)

(1) A person who intends to receive job-seeking benefits shall file an application for recognition that he or she is eligible for benefits under Article 40 (1) 1 through 3, 5, and 6 (hereinafter referred to as "eligibility for benefits") with the head of a relevant employment security office.

(2) Upon receipt of an application for recognition of eligibility for benefits under paragraph (1), the head of an employment security office shall determine whether to recognize or deny the eligibility for benefits of the applicant and give notice of the results to the applicant, as prescribed by Presidential Decree.

(3) In making a decision, as prescribed in paragraph (2), if an applicant satisfies all requirements described in the following subparagraphs, the eligibility for benefits of the applicant shall be determined with respect to the most recent employment of the applicant: Provided, That where an applicant whose most recent job-leaving was as a daily hire employee and whose number of qualifying days in covered employment is less than one month fails to satisfy those requirements for eligibility for benefits, then the applicant's eligibility for benefits shall be determined with respect to the applicant's most recent employment in which the applicant was not a daily hire employee:

1. The most recent covered employment of the applicant shall not be the only time the applicant has been in covered employment;

2. The applicant shall never have received job-seeking benefits with respect to any job-leaving, other than the most recent instance.

(4) If necessary to determine whether to recognize an applicant's eligibility for benefits pursuant to paragraphs (2) and (3), the head of an employment security office may request the owner of a business to which the applicant has belonged before job-leaving to submit a job-leaving certificate as prescribed by Ordinance of the Ministry of Employment and Labor. In such case, the business owner in receipt of such request shall submit a job-leaving certificate as prescribed by Ordinance of the Ministry of Employment and Labor.

(5) If a person who has obtained recognition of eligibility for benefits, as prescribed in paragraph (2) (hereinafter referred to as "eligible recipient"), newly obtains recognition of eligibility for benefits during the period under Article 48 or 54 (1), job-seeking benefits shall be paid on the basis of the newly recognized eligibility for benefits.

Enforcement Ordinance

Article 61 (Application for Job and Application for Recognition of Eligibility for Benefits)

(1) A person who intends to file a report on his or her unemployment status pursuant to Article 42 of the Act shall file an application for a job prescribed in Article 9 of the Employment Security Act via the electronic network.

(2) A person who filed an application for a job pursuant to paragraph (1) shall file an application for recognition of eligibility for benefits with the head of an employment security office having jurisdiction over his or her place of residence, and he or she may do so with the head of a relevant employment security office in any of the following cases:
1. Where he or she intends to do so with the head of an employment security office having jurisdiction over the area in which the applicant wishes to find a job;
2. Where he or she intends to do so with the head of an employment security office having jurisdiction over the place of business in which the applicant worked before severance of his or her employment;
3. Where he or she intends to do so with the head of an employment security office having jurisdiction over the area nearby in which transportation is deemed more convenient than that of an employment security office having jurisdiction over his or her place of residence.

(3) Where there is a certificate of severance issued by the business owner under Article 42 (3) of the Act, a person who intends to file a report on his or her unemployment status pursuant to paragraph (1) shall submit the certificate to the head of a competent employment security office of his or her domicile.

(4) The head of the employment security office (hereinafter referred to as an "employment security office having jurisdiction over the place of application") shall, upon receipt of an application for recognition of eligibility for benefits pursuant to paragraph (2), designate the date the person is required to appear in the employment security office to obtain recognition of his or her unemployment status pursuant to Article 44 (2) of the Act (hereinafter referred to as "unemployment recognition date") and shall give notice of such date to the reporting person.

Enforcement Ordinance

Article 62 (Recognition of Eligibility for Benefits)

(1) Where an applicant who has filed an application for recognition of eligibility for benefits is recognized as eligible for the job-seeking benefits, as prescribed in Article 43 (1) of the Act, the head of an employment security office shall, upon receipt of the application for recognition of eligibility for benefits pursuant to Article 61, issue a certificate of eligibility for benefits of insurance (hereinafter referred to as "certificate of eligibility") at the initial date of recognition of unemployment.

(2) If a person who has filed an application for recognition of eligibility for benefits is not recognized as eligible for job-seeking benefits prescribed in Article 43 (1) of the Act, the head of an employment security office shall give notice of such fact to the applicant.

(3) An eligible recipient shall, if the certificate of eligibility issued to him or her pursuant to paragraph (1) is worn out or lost, file an application for re-issuance thereof with the head of the competent employment security office in his or her place of application.

(4) An eligible recipient shall, when his or her name, resident registration number, address, or abode changes or is corrected, report such change to the head of the competent employment security office in his or her place of application. In such cases, the head of the competent employment security office shall modify the relevant information contained in the certificate of eligibility and return it.

(5) A person who is issued a certificate of eligibility pursuant to paragraph (1) may request the head of the employment security office that recognizes his or her eligibility for benefits to issue the statement of recognition of eligibility for benefits, which serves as a basis for recognition of eligibility for benefits.

Article 44 (Recognition of Unemployment)

(1) Job-seeking benefits shall be paid for days of unemployment with respect to which an eligible recipient has obtained recognition from the head of an employment security office.

(2) To apply for recognition of unemployment, eligible recipients shall appear at an employment security office on the date the head of such office designates between the first and fourth week from the date of reporting of unemployment done under Article 42 (hereinafter referred to as "date of unemployment recognition") and report that they have been actively seeking reemployment, and the head of the employment security office shall recognize unemployment for each day between the day after the most recent unemployment recognition and the date of unemployment recognition, inclusive: Provided, That for any of the following persons, the methods for recognition of unemployment shall be governed by the standards prescribed by Ordinance of the Ministry of Employment and Labor:
1. An eligible recipient participating in vocational skills development training, etc.;
2. An eligible recipient who has grounds prescribed by Presidential Decree, such as the occurrence of a natural disaster or mass unemployment;
3. Other eligible recipients prescribed by Presidential Decree.

(3) Notwithstanding paragraph (2), an eligible recipient in any of the following cases may obtain recognition of unemployment by submitting a certificate explaining the reason for failing to appear at an employment security office:
1. Where he or she fails to appear at the employment security office for less than seven consecutive days due to personal illness or injury;
2. Where he or she fails to appear at the employment security office due to a job interview arranged by the employment security office;
3. Where he or she fails to appear at the employment security office to participate in vocational skills development training, etc. as directed by the head of the employment security office;
4. Where he or she fails to appear at the employment security office due to a natural disaster or any other inevitable cause.

(4) During the process of recognition of unemployment prescribed in paragraph (1), the head of an employment security office shall take steps to facilitate reemployment of eligible recipients, such as assistance in reemployment planning and job referral, as prescribed by Presidential Decree. In such cases, eligible recipients shall comply with such steps without good cause.

Enforcement Ordinance

Article 63 (Recognition of Unemployment Status)

(1) If an eligible recipient desires to have his or her unemployment status recognized pursuant to Article 44 (2) of the Act, he or she shall make an appearance before the competent employment security office in his or her place of application on the date of unemployment recognition to fill out an application form for recognition of unemployment with the details of his or her re-employment activities from the day immediately following the previous date of unemployment recognition until the relevant unemployment recognition date and submit it, along with the certificate of eligibility.

(2) The head of an employment security office shall, if he or she recognizes unemployment pursuant to paragraph (1), return the certificate of eligibility stating such fact.

(3) Standards for the recognition of re-employment activities referred to in paragraph (1) shall be prescribed by Ordinance of the Ministry of Employment and Labor.

Enforcement Ordinance

Article 64 (Exceptional Grounds for Recognition of Unemployment)

"Grounds prescribed by Presidential Decree” in Article 44 (2) 2 of the Act means any of the following:
1. Where a natural disaster occurs;
2. Where the rate calculated by dividing the number of applicants for recognition of eligibility for monthly job-seeking benefits by the number of the insured as of the end of each month (hereinafter referred to as "rate of application for eligibility") exceeds 1/100 for two consecutive months;
3. Where a decision has been made to pay special extended benefits provided in Article 53 of the Act.

Enforcement Ordinance

Article 65 (Special Exception to Recognition of Unemployment Status)

"Other eligible recipients prescribed by Presidential Decree" in Article 44 (2) 3 of the Act means any of the following persons:
1. A person who is unable to appear at the employment security office having jurisdiction over the place of application on the unemployment recognition date due to employment, an interview with a potential employer or any other unavoidable cause; and has appeared at the employment security office to file an application for change of the unemployment recognition date by no later than the day immediately before the unemployment recognition date;
2. A person who was unable to appear at the employment security office having jurisdiction over the place of application on the unemployment recognition date or the date immediately before the unemployment recognition date due to employment, an interview with a potential employer or any other unavoidable cause; and has appeared at the employment security office to file an application for change of the unemployment recognition date within 14 days after such cause ceases to exist;
3. A person who was unable to appear at the competent employment security office on the unemployment recognition date or the date immediately before the unemployment recognition date due to employment for a period of at least seven consecutive days; and has filed an application for recognition of unemployment via mail, facsimile, the information communication network, etc. within two months from the date he or she had been employed, along with a document that proves the date of employment: Provided, That when the acquisition of the insured status is reported under Article 15 of the Act as at the date of filing the application for unemployment recognition, a document that proves the date of employment may be omitted;
4. A person who was unable to appear at the employment security office on the unemployment recognition date due to such person’s mistake; and has appeared at the competent employment security office to file an application for change of the unemployment recognition date within 14 days from the unemployment recognition date (which shall be allowed only once during the duration of unemployment benefits for the relevant eligible recipient prescribed in Article 48 of the Act);
5. A person whose unemployment recognition date is deemed by the head of the competent employment security office to be changed for any of the following reasons:
(a) Where the duration of unemployment benefits prescribed in Article 48 of the Act ends;
(b) Where the unemployment recognition date falls on a holiday of government offices prescribed in the Regulations on Holidays of Government Offices;
(c) Where any other extenuating circumstance exists;
6. A person in whose case the disposition concerning unemployment benefits is canceled or altered by review, further review or lawsuit prescribed in Article 87 (1) of the Act or at the discretion of the head of the competent employment security office;
7. A person whose employment has been finally confirmed within 30 days from the unemployment recognition date;
8. A person who resides in islands (excluding the main island of Jeju Special Self-Governing Province and islands that are connected to land by breakwaters or bridges, etc.) and files an application for special exception to the recognition of unemployment;
9. A person deemed by the head of an employment security office to be able to report whether such person conducts re-employment activities and earns any income therefrom directly via the information and communications network.

Enforcement Ordinance

Article 66 (Recognition of Unemployment with Certificates)

(1) If an eligible recipient intends to have his or her unemployment status recognized pursuant to Article 44 (3) 1, 2, or 4 of the Act, he or she shall appear at the competent employment security office in his or her place of application within 14 days after the relevant ground ceases to exist and shall file an application for the recognition of unemployment, along with the certificate of eligibility and a certificate stating the reason he or she was unable to appear.

(2) Matters necessary for information to be entered into the certificate prescribed in paragraph (1) and the issuers of such certificate shall be prescribed by Ordinance of the Ministry of Employment and Labor.

(3) If an eligible recipient intends to have his or her unemployment status recognized pursuant to Article 44 (3) 3 of the Act, he or she shall file an application for the recognition of unemployment with the head of a competent employment security office, along with the certificate of eligibility and a certificate issued by an institution conducting vocational training in person or through his or her agent.

Enforcement Ordinance

Article 67 (Measures for Promoting Employment of Eligible Recipients)

"Steps to facilitate reemployment of eligible recipients, such as assistance in reemployment planning and job placement, as prescribed by Presidential Decree" in the former part of Article 44 (4) of the Act means the following measures necessary for promoting employment of eligible recipients:
1. Assistance in reemployment planning;
2. Guidance and education on the insurance, including unemployment benefits;
3. In-depth counseling and guidance on matters that shall be prepared in advance for reemployment, including occupational aptitude tests and furnishing occupational information;
4. Guidance on how to engage in re-employment activities, including tips for searching and utilizing job information, such as job offers and training, how to write a resume and have an interview;
5. Providing information on jobs, offering jobs, having interviews in company, and providing opportunities to participate in employment-related events;
6. Measures necessary for promoting re-employment, including counseling on whether any training is required, providing information on proper training courses, and giving instructions on training.

Article 45 (Daily Wage as Basis for Computation of Benefits)

(1) The daily wage to be used as basis for computation of job-seeking benefits (hereinafter referred to as "daily wage") shall be the average wage computed as provided for in Article 2 (1) 6 of the Labor Standards Act at the time of the most recent job-leaving related to recognition of eligibility for benefits prescribed in Article 43 (1): Provided, That with respect to an employee who had attained insured status on at least two occasions in the three-month period immediately preceding the date of the most recent job-leaving, the daily wage shall be computed by dividing the total amount of wages paid to the employee during the three-month period immediately preceding the date of such most recent job-leaving (for daily hire employees, the first three months out of the last four months immediately preceding the date of the most recent job-leaving) by the total number of calendar days in that three-month period.

(2) If the amount of an employee's daily wage computed as provided for in paragraph (1) is less than the amount of the standard wage applicable to the employee, as prescribed by the Labor Standards Act, then the amount of such standard wage shall be deemed the employee's daily wage: Provided, That the same shall not apply to those whose most recent job-leaving was as a daily hire employee.

(3) If it is impracticable to compute an employee's daily wage in accordance with paragraphs (1) and (2) or if the amount of an employee's insurance premium has been determined on the basis of the standard remuneration under Article 3 of the Act on the Collection of Insurance Premiums for Employment Insurance and Industrial Accident Compensation Insurance (hereinafter referred to as "standard remuneration"), then the standard wage shall be deemed the employee's daily wage: Provided, That the same shall not apply if the standard remuneration of an employee, the amount of whose insurance premium has been determined on the basis of that standard remuneration is less than the daily wage computed as provided for in paragraphs (1) and (2).

(4) Notwithstanding paragraphs (1) through (3), if an eligible recipient's daily wage computed in accordance with such provisions is less than the amount obtained by multiplying the number of hours worked per day prior to job-leaving by the minimum hourly wage under the Minimum Wage Act effective at the time of job-leaving (hereinafter referred to as "minimum daily wage"), then the minimum daily wage shall be deemed the eligible recipient's daily wage. In such cases, the number of hours worked per day prior to job-leaving shall be calculated in the manner prescribed by Ordinance of the Ministry of Employment and Labor.

(5) Notwithstanding paragraphs (1) through (3), if an eligible recipient's daily wage computed in accordance with such provisions exceeds the amount set by Presidential Decree in view of the purposes of the insurance, prevailing wage levels, and other considerations, then the amount set by Presidential Decree shall be deemed the eligible recipient's daily wage.

Enforcement Ordinance

Article 68 (Maximum Amount of Daily Basic Wage for Benefits)

(1) The daily wage which constitutes the basis for the calculation of job-seeking benefits, as prescribed in Article 45 (5) of the Act shall be 110,000 won if such wage exceeds 110,000 won.

(2) Where adjustment of the amount determined under paragraph (1) is deemed necessary due to the inflation rate, business fluctuations and the rate of wage inflation, the Minister of Employment and Labor shall consider changing such amount after the amount is applied.

Article 46 (Daily Amount of Job-seeking Benefits)

(1) The daily amount of job-seeking benefits shall be determined according to the following classification:
1. In cases falling under Article 45 (1) through (3), and (5), 60/100 of the eligible recipient's daily wage;
2. In cases falling under Article 45 (4), 80/100 of the eligible recipient's daily wage (hereinafter referred to as "minimum daily amount of job-seeking benefits").

(2) If an eligible recipient's daily amount of job-seeking benefits computed under paragraph (1) 1 is less than the minimum daily amount of job-seeking benefits, then the minimum daily amount of job-seeking benefits shall be the daily amount of job-seeking benefits payable to the eligible recipient.

Article 47 (Reporting on Employment during Period subject to Recognition of Unemployment)

(1) Where an eligible recipient secures employment satisfying the criteria prescribed by Ordinance of the Ministry of Employment and Labor during the period in which he or she seeks recognition as being unemployed (hereinafter referred to as "period subject to recognition of unemployment"), he or she shall report such fact to the head of an employment security office.

(2) Where the head of an employment security office deems necessary, he or she may investigate an eligible recipient's employment history during the period subject to recognition of unemployment.
[Title Amended on Jul. 21, 2011; Jan. 15, 2019]

Enforcement Ordinance

Article 69 (Reporting on Employment)

(1) Where an eligible recipient has been employed pursuant to Article 47 (1) of the Act, the recipient shall state the fact in an application for recognition of unemployment filed on the first unemployment recognition date after the recipient was employed.

(2) Deleted.
[Title Amended on Jun. 25, 2019]

Article 48 (Benefit Period and Number of Days to Receive Benefit)

(1) Except as otherwise provided in this Act, job-seeking benefits shall be payable for up to the specified number of days for which benefits are payable under Article 50 (1) during a 12-month period following the date of job-leaving to which the current eligibility for job-seeking benefits relates.

(2) Those who report their unavailability for work due to pregnancy, childbirth, child care, or for other reasons prescribed by Presidential Decree to the employment security office within the 12-month period prescribed in paragraph (1) are entitled to be paid job-seeking benefits for up to the number of days of benefits payable under Article 50 (1) during a benefit period determined by adding the period during which such person is unavailable for work to the 12-month period (if the benefit period exceeds four years, it shall be four years).

(3) In any of the following cases, the report prescribed in paragraph (2) shall be deemed to have been filed on the relevant first day of medical care:
1. Where medical care benefits prescribed in Article 40 of the Industrial Accident Compensation Insurance Act are paid;
2. Where a need to receive medical care for a period longer than three months due to any disease or injury resulted in job-leaving, and the act of seeking employment was impractical during which the job-leaving occurred, as confirmed by the opinion of the physician in charge clearly stating the period of medical care and the state of being sick or injured and the business owner's opinion that the job-leaving occurred for the sake of receiving medical care.

Enforcement Ordinance

Article 70 (Reasons for Extension of Benefit Period)


"Other reasons prescribed by Presidential Decree" in Article 48 (2) of the Act means the following:
1. Illness or injury of an eligible recipient (excluding illness or injury for which sickness benefits are paid pursuant to Article 63 of the Act);
2. Illness or injury of the eligible recipient's spouse;
3. Illness or injury of a lineal ascendant or descendant of the eligible recipient or his or her spouse;
4. Change of an eligible recipient's dwelling for cohabitation purposes following his or her spouse's receipt of an order to work abroad;
5. Obligatory military service prescribed in the Military Service Act;
6. Detention on account of an alleged crime or execution of a sentence (excluding persons ineligible for benefits pursuant to subparagraph 1 (a) of Article 58 of the Act);
7. Grounds that correspond to the provisions of subparagraphs 1 through 6, as specified by Ordinance of the Ministry of Employment and Labor.
[Title Amended on Jan. 13, 2012]

Enforcement Ordinance

Article 71 (Reporting on Postponement of Benefit Period)

(1) A person who intends to report the fact that he or she is unable to obtain a job pursuant to Article 48 (2) of the Act shall file an application for the postponement of the benefit period to the head of a competent employment security office in his or her place of application within the benefit period in person or through his or her agent, along with the certificate of eligibility (applicable only where he or she holds a certificate of eligibility): Provided, That if a natural disaster occurs, he or she performs his or her military service as prescribed in the Military Service Act, or any other ground exists beyond his or her control, the report shall be submitted within 30 days from the date such ground ceases to exist.

(2) Notwithstanding paragraph (1), the report under Article 48 (2) of the Act shall be deemed to be filed on the date of the initial medical treatment where a person receives the medical care benefits pursuant to Article 40 of the Industrial Accident Compensation Insurance Act.

(3) If the head of an employment security office recognizes that the report submitted under paragraph (1) falls under any ground for the postponement of the benefit period, he or she shall deliver a notice of such postponement of the benefit period to the reporting person, describe the details as required in the certificate of eligibility, and return it to the person.

(4) If the ground for the postponement of the benefit period ceases to exist or there is any change in such contents as prescribed by Ordinance of the Ministry of Employment and Labor among the contents described in the application for the postponement of the benefit period, the person shall, upon receipt of a notice of the postponement of the benefit period as prescribed in paragraph (3), report such fact forthwith to the head of the competent employment security office in his or her place of application, and shall submit the notice of the postponement of the benefit period and the certificate of eligibility to him or her.

(5) The head of the competent employment security office shall, upon receipt of a report under paragraph (4), describe the relevant facts in the notice of postponement of the benefit period and the certificate of eligibility and return it to the reporting person.
[Title Amended on Jan. 13, 2012]

Article 49 (Waiting Period)

(1) Notwithstanding Article 44, job-seeking benefits shall not be payable for seven days regarded as waiting period beginning from the date an applicant reports on his or her unemployment pursuant to Article 42: Provided, That as for a person who is a daily hire employee in the construction industry at the time of his or her most recent job-leaving, job-seeking benefits shall be paid to him or her by calculating from the date he or she reports his or her unemployment pursuant to Article 42.

(2) Notwithstanding the main clause of paragraph (1), where an application for recognition of eligibility for benefits has been filed pursuant to Article 43 (1) or 43-2 (1) and the reason for job-leaving related to the last-lost insured status falls under the proviso of Article 43-2 (2), a period of up to four weeks prescribed by Presidential Decree, starting from the date of reporting of unemployment under Article 42, shall be considered a waiting period and the job-seeking benefits shall not be paid.

Article 50 (Prescribed Number of Benefit Days and Insured Period)

(1) The number of days (hereinafter referred to as the “prescribed number of benefit days”) for which an eligible recipient is entitled to receive job-seeking benefits shall be counted from the day following the end of the waiting period until it reaches the number of days set forth in the attached Table 1 according to insured period and age. [Amended by Act No. 10895, Jul. 21, 2011]
(2) If an eligible recipient has extended his/her benefit period due to pregnancy, childbirth, child care or any other reason prescribed in the Presidential Decree pursuant to Article 48 (2) within the prescribed number of benefit days, the payment of job-seeking benefits shall be deferred for as long as the extended period.
(3) The insured period shall be the period of employment with the business covered at the time of separation related to the eligibility for benefits (excluding any period during which he/she is employed as a worker who is excluded from application pursuant to Article 10 and 10-2;hereinafter the same shall apply in this Article):Provided that in the case of self-employed insured persons, the period corresponding to insurance premiums actually paid during the period over which the business covered at the time of business shutdown related to the eligibility for benefits has been covered by insurance shall be the insured period. [Amended by Act No. 10895, Jul. 21, 2011]
(4) Notwithstanding paragraph (3), in any of the following cases, an insured period shall be calculated according to the respective subparagraph:[Amended by Act No. 10895, Jul. 21, 2011]
1. Where insured status was lost at the previous covered business and has been reacquired at the current covered business within three years from the date of loss:any insured period at the previous covered business shall be added:Provided that if job-seeking benefits have been received due to a loss of insured status at the previous covered business, the insured period at the previous covered business shall be excluded;
2. Where a self-employed insured person lost his/her insured status after being employed as a worker and has reacquired insured status as a self-employed person within three years from the date of loss:any insured period at the previous covered business shall not be added, but if the person wants the previous insured period to be added, it shall be added limitedly:Provided that if the person has received job-seeking benefits due to a loss of insured status at the previous covered business, the insured period at the previous covered business shall be excluded.
(5) If the date of acquiring insured status applicable to a single insured period is earlier than January 1 of the third year prior to the date on which the acquisition of insured status is confirmed under Article 17, the insured status shall be deemed to have been acquired on the first day of the insurance year to which January 1 of the third year prior to the date of confirmation belongs and the insured period shall be calculated accordingly. [Amended by Act No. 10895, Jul. 21, 2011]
[Title of this Article Amended by Act No. 10895, Jul. 21, 2011]

Article 51 (Extended Training Benefits)

(1) The head of an employment security office may require an eligible recipient to participate in vocational skills development training, etc., if he or she considers it necessary for the eligible recipient's reemployment in view of age, work experience, and other considerations.

(2) The head of an employment security office may pay extra job-seeking benefits to eligible recipients whom the head has required to participate in vocational skills development training etc. under paragraph (1), in addition to their specified number of days for which benefits are payable, for the period of days during which they have participated in the vocational skills development training, etc., and for which they have obtained recognition of unemployment. In such cases, the period during which the additional job-seeking benefits (hereinafter referred to as "extended training benefits") are payable shall not exceed the period prescribed by Presidential Decree.

(3) Eligible trainees, training courses prescribed in paragraph (1), and other relevant matters shall be prescribed by Ordinance of the Ministry of Employment and Labor.

Enforcement Ordinance

Article 72 (Payment of Training Extension Benefits)

"Period prescribed by Presidential Decree" in the latter part of Article 51 (2) of the Act means two years.

Article 52 (Individual Extended Benefit)

(1) The head of an employment security office may allow a person prescribed by Presidential Decree who is an eligible recipient, having particular difficulty in finding employment and living in financial hardship, to be paid extra job-seeking benefits, in addition to the specified number of days for which benefits are payable, for the period of days for which they have obtained recognition of unemployment.

(2) The additional job-seeking benefits, as prescribed in paragraph (1) (hereinafter referred to as "individual extended benefits") shall be payable for a period specified by Presidential Decree not exceeding 60 days.

Enforcement Ordinance

Article 73 (Payment of Individually Extended Benefits)

(1) "Person prescribed by Presidential Decree" in Article 52 (1) of the Act means an eligible recipient who meets all of the following requirements:
1. A person who has applied for jobs referred by the head of the competent employment security office (including cases where a person participates in an in-depth consultation or group consultation conducted by the head of the employment security office) on three or more occasions from the date he or she reported his or her unemployment status under Article 42 (1) of the Act until the payment of job-seeking benefits ends, but fails to obtain a job, and who has family members falling under any of the following to support:
(a) Person aged less than 18 years or more than 65 years old;
(b) Person with a disability prescribed in the Act on the Employment Promotion and Vocational Rehabilitation of Persons with Disabilities;
(c) Patient who is required to receive medical treatment for one month or longer;
(d) Spouse who has no income;
(e) A person currently pursuing his or her studies, who is determined and publicly announced by the Minister of Employment and Labor;
2. Deleted;
3. A person whose daily basic wage used as a basis for computation of benefits and aggregate assets owned by him or her and his or her spouse do not meet the standards determined and publicly notified by the Minister of Employment and Labor, respectively.

(2) The maximum number of days of payment of individually extended benefits shall be 60 days as specified in Article 52 (2) of the Act, and the period of such payment may be less than 60 days according to the standards determined by the Minister of Employment and Labor, considering repeated receipt of unemployment benefits within a given period of time.

(3) An eligible recipient who intends to receive individually extended benefits under Article 52 of the Act shall file an application for individually extended benefits with the head of the competent employment security office in his or her place of application by no later than the end of the days eligible for job-seeking benefits, along with his or her certificate of eligibility.

(4) Matters necessary for the payment of individually extended benefits referred to in paragraph (1) shall be prescribed by Ordinance of the Ministry of Employment and Labor.

Article 53 (Special Extended Benefit)

(1) Under circumstances prescribed by Presidential Decree such as a rapid rise in unemployment, the Minister of Employment and Labor may pay extra job-seeking benefits to eligible recipients, in addition to the specified number of days for which benefits are payable, for a period not exceeding 60 days for which they obtain recognition of unemployment: Provided, That the same shall not apply to a person whose income is determined to be adequate to ensure security of livelihood after job-leaving under the criteria set forth by Ordinance of the Ministry of Employment and Labor.

(2) Before making any additional benefits available, the Minister of Employment and Labor shall set the period during which additional job-seeking benefits under the main clause of paragraph (1) (hereinafter referred to as "special extended benefits") are payable.

Enforcement Ordinance

Article 74 (Payment of Specially Extended Benefits)

"Circumstances prescribed by Presidential Decree" in the main clause of Article 53 (1) of the Act means any of the following circumstances: Provided, That in the case of subparagraphs 1 through 3, this shall not apply where such trend is expected to continue:
1. Where the rate calculated by dividing the number of persons who received job-seeking benefits each month (excluding the number of persons who received the training extension benefits, the individually extended benefits, or the specially extended benefits under Article 51 through 53 of the Act) by the number of the insured as of the end of the month exceeds 3/100 for three consecutive months;
2. The rate of applications filed for benefits each month exceeds 1/100 for three consecutive months;
3. Where the monthly unemployment rate exceeds 6/100 for three consecutive months;
4. Where the Deliberative Council on Employment Policy passes a resolution approving payment of specially extended benefits prescribed in Article 53 of the Act due to a rapid deterioration in the employment situation following a rapid rise, etc. in unemployment.

Enforcement Ordinance

Article 74-2 (Procedures for Subsidization of National Pension Premiums)

(1) Where the National Pension Service under Article 24 of the National Pension Act additionally include the period during which a job seeker's allowance is received in the period of participation in National Pension Scheme pursuant to Article 19-2 (1) of that Act, it shall calculate the amount subsidized by the Fund pursuant to Article 55-2 (1) of the Act and the latter part of Article 19-2 (3) of the National Pension Act (referring to the amount calculated by multiplying the pension premiums under the former part of that paragraph by a percentage to be borne by the Fund under Article 25-5 (2) of the Enforcement Decree of that Act) and notify the Minister of Employment and Labor of such amount.

(2) Where the Minister of Employment and Labor receives the notification under paragraph (1), he or she shall pay the relevant amount to the National Pension Service.

(3) The Minister of Employment and Labor may request the National Pension Service to submit data necessary for verifying whether the amount paid pursuant to paragraph (2) was used appropriately. In such cases, the National Pension Service shall comply therewith, unless in extenuating circumstances.
[This Article Newly Inserted on Jul. 19, 2016]

Article 54 (Extended Benefit Period and Daily Amount of Job-Seeking Benefits)

(1) Where any extended benefits described in Articles 51 through 53 are payable, the benefit period of an eligible recipient shall be computed by adding the number of days of additional benefits payable to the regular benefit period of the eligible recipient prescribed in Article 48.

(2) Where extended training benefits are paid under Article 51, the daily amount of such benefits shall be 100/100 of the relevant eligible recipient’s job-seeking benefits, and where individual extended benefits or special extended benefits are paid under Article 52 or 53, the daily amount of such benefits shall be 70/100 of the relevant eligible recipient's daily amount of job-seeking benefits.

(3) If an eligible recipient's daily amount of job-seeking benefits as computed under paragraph (2) is less than the minimum daily amount of job-seeking benefits prescribed in Article 46 (2), then the minimum daily amount of job-seeking benefits shall be the daily amount of job-seeking benefits payable to the eligible recipient.

Article 55 (Mutual Adjustment, etc. of Extended Benefits)

(1) Any extended benefits prescribed in Articles 51 through 53 shall be payable after regular job-seeking benefits to which an eligible recipient is entitled under Article 48 have been fully paid.

(2) No individual extended benefits or special extended benefits may be payable to an eligible recipient currently receiving extended training benefits until such extended training benefits have been fully paid.

(3) When extended training benefits become payable to an eligible recipient currently receiving individual extended benefits or special extended benefits, such individual extended benefits or special extended benefits shall cease to be paid to the eligible recipient.

(4) No individual extended benefits shall be payable to an eligible recipient currently receiving special extended benefits until such special extended benefits have been fully paid, and no special extended benefits are payable to an eligible recipient currently receiving individual extended benefits until such individual extended benefits have been fully paid.

(5) Other matters necessary to coordinate payment of extended benefits shall be prescribed by Ordinance of the Ministry of Employment and Labor.

Article 55-2 (Support for Pension Premiums of National Pension)

(1) The Minister of Employment and Labor may provide support for part of pension premiums of national pension to a person who intends to include the period during which the job seeker's allowance is received pursuant to Article 19-2 (1) of the National Pension Act in the insured period of cover.

(2) The amount of support pursuant to paragraph (1) shall be within the scope of 25/100 of the pension premiums pursuant to Article 19-2 (3) of the National Pension Act.

(3) The methods of and procedures for support pursuant to paragraph (1) and the amount of support pursuant to paragraph (2), and other necessary matters shall be prescribed by Presidential Decree.
[This Article Newly Inserted on May 29, 2016]

Article 56 (Date and Method of Payment)

(1) Job-seeking benefits shall be payable for the number of days for which recognition of unemployment has been obtained, as prescribed by Presidential Decree.

(2) The head of an employment security office shall set the date for payment of job-seeking benefits for each eligible recipient and give notice of the date to him or her.

Enforcement Ordinance

Article 75 (Procedures for Payment of Job-seeking Benefits)

(1) Each eligible recipient shall designate a financial institution and account (referring to an unemployment benefit receipt account if he or she intends to receive job-seeking benefits through his or her unemployment benefit receipt account under the main clause of Article 37-2 (1) of the Act; hereafter in this Article the same shall apply) through which he or she intends to receive job-seeking benefits and shall report them to the competent employment security office in his or her place of application on the date of initial unemployment recognition he or she makes an appearance at the office. The foregoing shall also apply to any intended modifications of the reported financial institution or account.

(2) Job-seeking benefits shall be paid by depositing them into the account of the eligible recipient's designated financial institution.

Article 57 (Job-Seeking Benefits Not Yet Paid)

(1) Any remaining job-seeking benefits payable to a deceased eligible recipient shall be paid upon a claim duly filed by the surviving spouse (including a de facto spouse) or any dependent child, parent, grandchild, grandparent, or sibling sharing the same livelihood with the deceased eligible recipient.

(2) With respect to any period of days for which a deceased eligible recipient could not obtain recognition of unemployment, the person who files a claim for the remaining benefits, as prescribed in paragraph (1) shall obtain recognition of unemployment therefor, as prescribed by Presidential Decree. In such cases, the claimant for the remaining benefits shall also report to the head of an employment security office pursuant to Article 47 (1) if the deceased eligible recipient falls under Article 47 (1).

(3) Eligible claimants for the remaining benefits, as prescribed in paragraph (1) shall be given priority in the order in which they are named in that paragraph. In such cases, if two or more eligible claimants exist in the same order of priority, a claim by one of the claimants shall be considered to have been made on behalf of all of them, and payment to that claimant shall be considered to have been made for all of them.

Enforcement Ordinance

Article 76 (Claim for Unpaid Job-seeking Benefits)

(1) A person who intends to claim the payment of the job-seeking benefits not paid under Article 57 (1) of the Act (hereinafter referred to as "claimant for benefits payable") shall file a written claim for unemployment benefits payable with the head of the competent employment security office having jurisdiction over the place of application of the deceased eligible recipient.

(2) A claimant for unemployment benefits payable who intends to have the unemployment status of the deceased eligible recipient recognized under Article 57 (2) of the Act shall make an appearance at the competent employment security office having jurisdiction over the place of application of the deceased eligible recipient to file a written claim for unemployment benefits payable and to have the unemployment status of the eligible recipient recognized.

(3) When a claimant for unemployment benefits payable submits a written claim for unemployment benefits payable pursuant to paragraph (1), he or she shall submit a report or document necessary for the deceased eligible recipient to receive job-seeking benefits.
[Title Amended on Jun. 8, 2021]

Enforcement Ordinance

Article 77 (Application Mutatis Mutandis)

With respect to the procedure for the payment of job-seeking benefits to a claimant for benefits payable, Article 75 shall apply mutatis mutandis. In such cases, the 'competent employment security office having jurisdiction over the place of application' shall be construed as the 'competent employment security office having jurisdiction over the place of application of the deceased eligible recipient;' and 'eligible recipient' as 'claimant for benefits payable.'

Article 58 (Restriction on Qualifying Conditions depending on Reasons for Job-Leaving)

Notwithstanding Article 40, an insured employee shall be disqualified for benefits if the head of an employment security office determines that any of the following subparagraphs applies to the insured employee:
1. An insured employee who has been dismissed for any of the following serious causes attributable to him or her:
(a) Any violation of the Criminal Act or any duty-related Act that resulted in a sentence of imprisonment without labor or greater punishment;
(b) Gross misconduct that caused serious damage to the employing unit's business or property as satisfying the criteria set forth by Ordinance of the Ministry of Employment and Labor;
(c) Prolonged unauthorized absence without good cause in breach of the employment contract or work rules;
2. An insured employee whose job-leaving was due to his or her own circumstances falling under any of the following cases:
(a) A resignation to take up a new job or to start one's own business;
(b) A resignation following the business owner's recommendation to resign rather than face dismissal for gross misconduct prescribed in subparagraph 1;
(c) A resignation for any reason other than good cause, as prescribed by Ordinance of the Ministry of Employment and Labor.

Article 59 Deleted. [Amended by Act No. 13041, Jan. 20, 2015]

Enforcement Ordinance

Article 78 deleted.

Article 60 (Suspension of Benefits for Refusing Training)

(1) Payment of job-seeking benefits shall be suspended, as prescribed by Presidential Decree if an eligible recipient refuses to accept a job offered by the head of an employment security office or to participate in vocational skills development training, etc. required by the head: Provided, That the same shall not apply in any of the following cases:
1. The job offered or the occupational category to which the required vocational skills development training, etc. relates is not suitable in view of the capabilities of the eligible recipient;
2. The eligible recipient is required to, but cannot afford to, move to where the job offered is or where the vocational skills development training, etc. takes place;
3. The wage level for the job offered is at least 20/100 lower than the prevailing wage level for comparable jobs in the same occupational category or jobs requiring a similar level of skills in the area of intended employment, or the job offered is otherwise unacceptable as it fails to satisfy the criteria determined by the Minister of Employment and Labor;
4. Any other good cause exists.

(2) Payment of job-seeking benefits shall be suspended, as prescribed by Presidential Decree if an eligible recipient refuses, without any good cause, to comply with the steps taken by the head of an employment security office to facilitate reemployment in accordance with the vocational guidance criteria set by the Minister of Employment and Labor.

(3) The head of an employment security office shall determine whether there exists any good cause prescribed in the proviso to paragraph (1) and paragraph (2) in accordance with the criteria set by the Minister of Employment and Labor.

(4) The Minister of Employment and Labor shall determine and publicly notify the period of suspension of job-seeking benefits, as prescribed in paragraphs (1) and (2), not exceeding one month.

Enforcement Ordinance

Article 79 (Procedure for Suspension of Payment of Job-Seeking Benefits)

(1) The head of an employment security office shall give prior notice to any of the following persons that the payment of job-seeking benefits may be suspended, as prescribed by Ordinance of the Ministry of Employment and Labor:
1. An eligible recipient who refuses to accept a job offered by the head of an employment security office pursuant to Article 60 (1) of the Act;
2. An eligible recipient who refuses to receive vocational skills development training etc., instructed by the head of an employment security office pursuant to Article 60 (1) of the Act;
3. An eligible recipient who refuses to comply with the steps taken by the head of an employment security office to facilitate re-employment pursuant to Article 60 (2) of the Act.

(2) Notwithstanding the notice given pursuant to paragraph (1), the head of any employment security office shall suspend the payment of job-seeking benefits where an eligible recipient rejects a job offered or vocational skills development training required pursuant to Article 60 (1) or (2) of the Act on two or more occasions.

(3) The head of an employment security office shall, when he or she suspends the payment of job-seeking benefits pursuant to paragraph (2), inform the eligible recipient of the grounds for and period of the suspension of payment by no later than the day immediately preceding the next unemployment recognition date, and the eligible recipient shall not be deemed unemployed during such period of suspension of payment.

Article 61 (Denial of Benefits Due to Improper Acts)

(1) Any person who has received, or attempted to receive, unemployment benefits by fraud or other improper means shall be denied job-seeking benefits from the date when such person received, or attempted to receive, unemployment benefits: Provided, That the same shall not apply to subsequent eligibility for job-seeking benefits that may be approved after the job-leaving related to the denied benefits.

(2) Notwithstanding the main clause of paragraph (1), if fraud or other improper means constitute grounds prescribed by Presidential Decree, such as filing a false report or failing to file a report pursuant to Article 47 (1), job-seeking benefits shall be denied only for the relevant period subject to recognition of unemployment: Provided, That if such violations are committed on two or more occasions, the main clause of paragraph (1) shall apply.

(3) Where a person has received, or attempted to receive, unemployment benefits by fraud or other improper means are denied job-seeking benefits, as prescribed in paragraph (1) or (2), such person shall be considered to have received such job-seeking benefits for the purposes of applying Article 50 (3) and (4) thereto.

(4) Where a person has received, or attempted to receive, unemployment benefits by fraud or other improper means are denied job-seeking benefits, as prescribed in paragraph (1) or (2), such person shall be considered to have received job-seeking benefits, including for the days for which benefits have been denied for the purposes of applying Article 63 (2) thereto.

(5) Notwithstanding the proviso of paragraph (1), where a person who has received or attempted to receive job-seeking benefits by fraud or other improper means had failed to receive job-seeking benefits three or more times pursuant to the main clause of paragraph (1) during 10 years calculated retroactively from the date such person received the job-seeking benefits or from the date he or she filed a report on the recognition of unemployment under Article 44, job-seeking benefits based on the new eligibility shall not be paid to him or her for up to three years from the date he or she received job-seeking benefits or from the date he or she filed a report on the recognition of unemployment by fraud or other improper means, as prescribed by Presidential Decree.

Enforcement Ordinance

Article 80 (Fraudulent Acts Mitigating Restrictions on Payment of Job-Seeking Benefits)

"Grounds prescribed by Presidential Decree" in the proviso of Article 61 (2) of the Act means any of the following:
1. Where the eligible recipient fails to report a fact that he or she has provided his or her labor during a period for which he or she intends to have his or her unemployment status recognized (hereinafter referred to as "period subject to recognition of unemployment") or makes any untrue statements in filing an application for recognition of unemployment;
2. Where the eligible recipient makes any untrue statements on his or her re-employment activities during the period subject to recognition of unemployment in filing an application for recognition of unemployment.

Enforcement Ordinance

Article 81 (Return of Job-Seeking Benefits)

(1) When the head of an employment security office has taken any of the following measures, he or she shall, without delay, inform the relevant eligible recipient or former eligible recipients (including the business owner under Article 62 (3) of the Act) of such measures:
1. Denial of job-seeking benefits under Article 61 of the Act;
2. Order to return job-seeking benefits under Article 62 (1), (3), and (4) of the Act;
3. Additional collection under Article 62 (2) and (3) of the Act;
4. Appropriation for an amount to be returned or additional amount to be collected under Article 62 (5) of the Act.

(2) A person against whom the measures under paragraph (1) 2 and 3 were taken shall pay the relevant amount within 30 days from the receipt of notification under paragraph (1): Provided, That where an amount he or she is liable to pay exceeds the amount prescribed by the Minister of Employment and Labor, the person may, upon his or her application, make payment in installment.
(3) Where a person liable to pay an amount to be returned or additional amount to be collected under Article 62 (1) and (2) of the Act has yet to receive job-seeking benefits under Article 44 of the Act, the head of an employment security office shall appropriate an amount equivalent to 1/10 of the relevant job-seeking benefits for the relevant amount to be returned or additional amount to be collected under Article 62 (5) of the Act: Provided, That where a person liable to pay the relevant amount to be returned or additional amount to be collected agrees in writing to appropriate an amount greater than that prescribed in the main clause, said amount may be appropriated.

(4) Where a person liable to pay an amount to be returned under Article 62 (4) of the Act has yet to receive job-seeking benefits under Article 44 of the Act and where he or she agrees in writing to appropriate all or part of the relevant job-seeking benefits for the amount to be returned under Article 62 (5) of the Act, the head of an employment security office may appropriate the agreed amount for the payment of the amount to be returned.

(5) The procedures and deadline for the payment in installments prescribed in the proviso of paragraph (2) shall be prescribed by the Minister of Employment and Labor.

Article 62 (Order to Return Job-Seeking Benefits)

(1) The head of an employment security office may order a person who has received job-seeking benefits by fraud or other improper means to return all or part of the benefits as prescribed by Ordinance of the Ministry of Employment and Labor.

(2) Where the head of an employment security office orders a person to return job-seeking benefits pursuant to paragraph (1), the head may, as prescribed by Ordinance of the Ministry of Employment and Labor, collect from the person an additional amount not exceeding two times the job-seeking benefits that the person has received by fraud or other improper means: Provided, That where the person has received the job-seeking benefits by fraud or other improper means by conspiring (referring to where a reason imputable to the business owner, such as a wrong declaration, report, certification, etc. by the business owner, is included by fraud or other improper means; hereinafter the same shall apply) with the business owner (including a representative or employee of the business owner and a person who performs an act for the business owner; hereafter the same shall apply in this Article and Article 116 (1)), the head of the employment security office may collect from the person an additional amount not exceeding five times the job-seeking benefits that the person has received by fraud or other improper means.

(3) Where a person who has received job-seeking benefits by fraud or other improper means conspired with the business owner, the business owner shall be jointly and severally liable with the person who has received the job-seeking benefits for the matters under paragraphs (1) and (2).

(4) If a person who is or was eligible for job-seeking benefits has been erroneously paid job-seeking benefits, the head of an employment security office may order the person to return the job-seeking benefits.

(5) Where a person who is to return job-seeking benefits or to pay an additional amount to be collected pursuant to paragraph (1), (2), or (4) is eligible for other job-seeking benefits under this Act, the head of an employment security office may allocate such job-seeking benefits to the amount to be returned or the additional amount to be collected pursuant to paragraph (1), (2), or (4), as prescribed by Presidential Decree.
[This Article Wholly Amended on Aug. 27, 2019]

Article 63 (Special Cases for Sickness Benefits)

(1) Notwithstanding Article 44 (1), with respect to any days for which recognition of unemployment could not be obtained by an eligible recipient who has become temporarily unemployable due to illness, injury, or childbirth after reporting unemployment under Article 42, an amount equivalent to the eligible recipient's daily amount of job-seeking benefits prescribed in Article 46 (hereinafter referred to as "sickness benefits") may be paid upon request from the eligible recipient in lieu of job-seeking benefits: Provided, That no sickness benefits shall be paid for the period during which payment of job-seeking benefits is suspended under Article 60 (1) and (2).

(2) The maximum number of days of sickness benefits payable to an eligible recipient shall be the eligible recipient's specified number of days of job-seeking benefits payable, less the number of days for which job-seeking benefits, in relation to the benefits for which the recipient is currently eligible, have already been paid. In such case, when applying the provisions of this Act (excluding Articles 61 and 62) to a recipient of sickness benefits paid, the amount of sickness benefits paid shall count toward the amount of job-seeking benefits paid.

(3) Sickness benefits prescribed in paragraph (1) shall be paid on the date when job-seeking benefits are to be paid for the first time after the recipient has become employable (in the absence of such date, a date determined by the head of an employment security office): Provided, That if deemed necessary, such sickness benefits may be payable, as separately determined by the Minister of Employment and Labor.

(4) Notwithstanding paragraph (1), no sickness benefits shall be paid to an eligible recipient who is entitled to compensation for suspension of work prescribed in Article 79 of the Labor Standards Act, temporary disability compensation benefits prescribed in Articles 52 through 56 of the Industrial Accident Compensation Insurance Act, or other compensation or benefits prescribed by Presidential Decree equivalent to these compensation or benefits.

(5) Articles 47, 49, 57, 61 (excluding paragraph (4)), and 62 shall apply mutatis mutandis to the payment of sickness benefits. In such case, "period subject to recognition of unemployment" shall be construed as "days for which recognition of unemployment is not obtained", and "job-seeking benefits" as "sickness benefits".

Enforcement Ordinance

Article 82 (Claims for Payment of Sickness Benefits and Exceptions to Payment)

(1) An eligible recipient that intends to claim sickness benefits, as prescribed in Article 63 (1) of the Act, shall file a written claim for the sickness benefits with the head of the competent employment security office in his or her place of application in person or through his or her agent within 14 days from the day the cause or event that prevents him or her from obtaining a job ceases to exist (or 30 days from the end of the benefit period, where the benefit period prescribed in Article 48 of the Act ends during the period in which he or she is unable to obtain a job), along with the certificate of eligibility and a certificate of his or her illness, injury, or childbirth. Provided, That if a natural disaster occurs or if any other unavoidable circumstances exist, the application shall be filed within seven days from the date such cause or event ceases to exist.

(2) "Compensation or benefits prescribed by Presidential Decree" in Article 63 (4) of the Act means the following compensation and benefits:
1. Compensation for non-duty prescribed in Article 3 (2) 2 of the State Compensation Act;
2. Compensation pursuant to Article 8 of the Act on Honorable Treatment of and Support for Persons Who Died or Was Injured for Public Good.

Enforcement Ordinance

Article 83 (Mutatis Mutandis Application)

Articles 69, 75 through 80, 80-2, and 81 shall apply mutatis mutandis to sickness benefits. In such cases, "application for recognition of unemployment" in Article 69 shall be construed as "application for sickness benefits"; and "job-seeking benefits" in Articles 75 through 80, 80-2, and 81 as "sickness benefits".

SECTION 3 Employment Promotion Allowances

Article 64 (Early Re-Employment Allowances)

(1) Early re-employment allowances shall be payable to an eligible recipient (excluding foreign employees defined in Article 2 of the Act on the Employment, etc. of Foreign Workers) who secures a stable job or commences one's own for-profit business and meets the standards prescribed by Presidential Decree.

(2) Notwithstanding paragraph (1), early re-employment allowances shall not be payable to an eligible recipient who received early re-employment allowances for a period prescribed by Presidential Decree preceding the date he or she secures a stable job or commences his or her own for-profit business.

(3) The amount of early re-employment allowances shall be computed in proportion to the remaining number of days of job-seeking benefits payable in accordance with the criteria prescribed by Presidential Decree.

(4) When applying the provisions of this Act (excluding Articles 61 and 62) to a recipient of early re-employment allowances, job-seeking benefits for the number of days calculated by dividing the amount of the early re-employment allowances paid by the daily amount of job-seeking benefits prescribed in Article 46 are deemed to have been paid.

(5) Anyone who hires an eligible recipient shall be qualified for incentives, as prescribed by Presidential Decree, for contributing to early reemployment and thus reducing the payment period of job-seeking benefits.

Enforcement Ordinance

Article 84 (Standards for Paying Early Reemployment Allowances)

(1) The “standards prescribed by Presidential Decree” under Article 64 (1) of the Act refer to cases where an eligible recipient is reemployed after using not more than ½ of the total benefit days under Article 50 of the Act, calculated from the day before the reemployment date after the waiting period under Article 49 of the Act, and falls under any of the following subparagraphs:[Amended by Presidential Decree No. 22026, Feb. 8, 2010;Presidential Decree No. 22269, Jul. 12, 2010 and Presidential Decree No. 25022, Dec. 24, 2013]
1. If an eligible recipient is employed continuously for 12 months or more. Provided that persons reemployed by an employer prescribed by Ordinance of the Ministry of Employment and Labor, who is his/her previous employer or is related to the previous employer, or by an employer who promised to hire him/her before the date of the report of unemployment under Article 42 of the Act, shall be excluded.
2. In case an eligible recipient runs his/her own business continuously for 12 months or more. This shall apply only in case the eligible recipient reports his/her preparatory activities for running the business concerned as part of his/her job-seeking activities during the benefit period pursuant to Article 44 (2) of the Act and is recognized as being unemployed.
(2) The “period prescribed by the Presidential Decree” in Article 64 (2) of the Act shall be two years.

Enforcement Ordinance

Article 85 (Amount of Early Reemployment Allowance)

(1) The amount of early re-employment allowances prescribed in Article 64 (3) of the Act shall be calculated by multiplying the amount of his or her daily job-seeking benefits by 1/2 of the number of days when benefits remain outstanding.

(2) Deleted.
[This Article Wholly Amended on Feb. 8, 2010]

Enforcement Ordinance

Article 86 (Claim for Early Re-Employment Allowances)

(1) An eligible recipient who intends to receive the early re-employment allowances prescribed in Article 64 of the Act shall file a written claim for early re-employment allowances with the head of the competent employment security office falls under the jurisdiction in his or her place of application, along with the documents specified by Ordinance of the Ministry of Employment and Labor.

(2) The written claims for early re-employment allowances prescribed in paragraph (1) shall be filed 12 months after the date an eligible recipient finds a stable job or starts his or her own business for profit under Article 64 (1) of the Act. However, individuals who are 65 years of age or older at the time of changing jobs may submit their claims for early re-employment allowances immediately upon reemployment or starting a business.

(3) Article 75 shall apply mutatis mutandis to the procedures for the payment of the early re-employment allowances.

Enforcement Ordinance

Article 87 (Subsidy for Reemployment Promotion Activities)

(1) The Minister of Employment and Labor may, if one of the staff of an Employment Security Office takes a measure prescribed in Article 67 so that the eligible recipient can be reemployed in a stable job with some benefit days left, assess his/her relevant performance and provide subsidy for reemployment promotion activities within the limits of the budget pursuant to Article 64 (5). [Amended by Presidential Decree No. 22269, Jul. 12, 2010]
(2) Necessary matters concerning the performance assessment for the payment of the subsidy for reemployment promotion subsidy under paragraph (1), selection of those to be paid the subsidy, payment method, amount of subsidy, etc., shall be determined by the Minister of Employment and Labor. [Amended by Presidential Decree No. 22269, Jul. 12, 2010]

Article 65 (Vocational Skills Development Allowances)

(1) Vocational skill development allowances shall be payable to an eligible recipient who participates in vocational skills development training, etc. required by the head of an employment security office for the period of such training, etc.

(2) Notwithstanding paragraph (1), vocational skill development allowances shall not be payable during a period of suspension of job-seeking benefits, as prescribed in Article 60 (1) and (2).

(3) Matters necessary for the requirements for and amount of vocational skill development allowances shall be prescribed by Presidential Decree. In such cases, the Minister of Employment and Labor may otherwise provide, by public notice, the amount of allowances for vocational skills development pertaining to a specific occupational category, as determined necessary in light of current skills needs.

Enforcement Ordinance

Article 88 (Allowances for Vocational Skills Development)

(1) Vocational skill development allowances prescribed in Article 65 (3) of the Act shall be paid for the days for which an eligible recipient has received vocational training, etc., as instructed by the head of an employment security office and for which the eligible recipient shall be eligible for job-seeking benefits.

(2) The amount of vocational skill development allowances prescribed in paragraph (1) shall be determined and publicly notified by the Minister of Employment and Labor, considering expenses incurred in receiving vocational skills development, including travel expenses and meals.

(3) Vocational skill development allowances shall be paid on the day set for the payment of job-seeking benefits to the relevant eligible recipient. In such cases, Article 75 shall apply mutatis mutandis to the procedure for the payment of vocational skill development allowances.

(4) The procedure for claiming vocational skill development allowances shall be prescribed by Ordinance of the Ministry of Employment and Labor.

Enforcement Ordinance

Article 89 (Wide-Area Job-seeking Allowances)

(1) A long-distance job search allowances prescribed in Article 66 (1) of the Act shall be paid where an eligible recipient meets all the following requirements:
1. The business owner of the place of business to which the eligible recipient visits for job-seeking activities does not pay allowances incurred in connection with job-seeking activities or pays less than such long-distance job search allowances;
2. The distance from the eligible recipient's domicile to the place of business to which he or she visits for job-seeking activities is equivalent to or exceeds the distance specified by Ordinance of the Ministry of Employment and Labor. In such cases, the distance shall be calculated according to the ordinary distance from the domicile to the place of business, but the distance of a waterway shall be regarded twice as far as the actual distance.

(2) The procedure for claiming long-distance job search allowances shall be prescribed by Ordinance of the Ministry of Employment and Labor. In such cases, Article 75 shall apply mutatis mutandis to the procedure for payment of long-distance job search allowances.

Article 67 (Relocation Allowances)

(1) Relocation allowances may be paid, if deemed necessary by the head of an employment security office under the criteria set by Presidential Decree, to an eligible recipient who is required to relocate to take up a job or participate in vocational skills development training, etc. required by the head of the employment security office.

(2) Relocation allowances shall be for reimbursing reasonable relocation expenses for an eligible recipient and his or her dependent relatives living together to relocate, and the amount shall be computed, as prescribed by Ordinance of the Ministry of Employment and Labor.

Enforcement Ordinance

Article 90 (Relocation Allowances)

(1) Relocation allowances prescribed in Article 67 (1) of the Act shall be payable to an eligible recipient who meets all the following requirements:
1. The eligible recipient obtains a job or attends an occupational training course and the head of a competent employment security office in his or her place of application confirms that it is necessary for the eligible recipient to relocate pursuant to the criteria prescribed by the Minister of Employment and Labor;
2. The business owner who employs the eligible recipient fails to pay relocation expenses or pays less than relocation allowances;
3. The term of the employment contract shall not be less than one year, if required to move for employment.

(2) The procedure for claiming relocation allowances shall be prescribed by Ordinance of the Ministry of Employment and Labor. In such cases, Article 75 shall apply mutatis mutandis to the procedure for payment of relocation allowances.

Article 68 (Restriction on Payment of Employment Promotion Allowances)

(1) Those who have received, or attempted to receive, unemployment benefits by fraud or other improper means shall be denied employment promotion allowances from the date when they received, or attempted to receive, such unemployment benefits: Provided, That the same shall not apply to any subsequent eligibility for benefits that may be approved after the job-leaving relevant to such improper claim.

(2) Notwithstanding the main clause of paragraph (1), if fraud or other improper means constitute grounds prescribed by Presidential Decree, such as filing a false report or failing to file a report pursuant to Article 47 (1), employment promotion allowances shall not be denied: Provided, That if such violations are committed on at least two occasions, the main clause of paragraph (1) shall govern.

(3) Even if those who have received, or attempted to receive, unemployment benefits by fraud or other improper means are denied employment promotion allowances, as prescribed in paragraph (1) or (2) and thus denied early re-employment allowances, they shall be considered to have received the denied early re-employment allowances for the purposes of applying Article 64 (4) thereto.

Enforcement Ordinance

Article 91 (Improper Acts for Which Restrictions on Payment of Allowances for Promotion of Employment Is Relaxed)

“Grounds prescribed by Presidential Decree, such as filing a false report or failing to file a report pursuant to Article 47 (1)” in the main clause of Article 68 (2) of the Act means any of the following cases:

Article 69 (Application Mutatis Mutandis)

Articles 57 (1) and (3) and 62 shall apply mutatis mutandis to employment promotion allowances. In such case, "eligible recipients" shall be construed as "persons qualifying for employment promotion allowances", and "job-seeking benefits" as "employment promotion allowances".

Enforcement Ordinance

Article 92 (Mutatis Mutandis Application)

Articles 76 (1) and (3) and 81 shall apply mutatis mutandis to the allowance for promotion of employment prescribed in Articles 64 through 67 of the Act. In such cases, "job-seeking benefits" shall be construed as "employment promotion allowances"; "eligible recipient" as "person qualifying for employment promotion allowances"; and "amount of job-seeking benefits" as "amount of the allowance for promotion of employment".

SECTION 4 Special Cases concerning Application of Unemployment Benefits for Insured Self-Employed Persons

Article 69-2 (Types of Unemployment Benefits for Self-Employed Insured Persons)

Types of unemployment benefits for insured self-employed persons shall be as provided for in Article 37: Provided, That the extended benefits prescribed in Articles 51 through 55 and the early re-employment allowances prescribed in Article 64 shall be excluded therefrom.
[This Article Newly Inserted on Jul. 21, 2011]

Article 69-3 (Eligibility Requirements for Job-Seeking Benefits)

Job-seeking benefits shall be payable where an insured self-employed person who has closed his or her business satisfies all the following requirements:
1. That the qualifying days in covered employment as an insured self-employed person shall be at least one year in total during the 24-month period up to the date of his or her business closure, pursuant to the proviso to paragraph (1) of Article 41;
2. That an insured self-employed person shall remain unemployed despite his or her intention to work and capability;
3. That the reasons for business closure shall not fall under any of the disqualifying conditions set forth in Article 69-7;
4. That an insured self-employed person shall be actively engaged in seeking re-employment.
[This Article Newly Inserted on Jul. 21, 2011]

Article 69-4 (Daily Wage)

(1) The daily wage applicable to an eligible recipient who was an insured self-employed person shall be computed by dividing the aggregated amount of remuneration, which is publicly notified under Article 49-2 (3) of the Act on the Collection of Insurance Premiums for Employment Insurance and Industrial Accident Compensation Insurance and which forms the basis for computing the insurance premium paid by the eligible recipient during the period pursuant to the classification made under each of the following subparagraphs, by the total number of calendar days in such applicable period:
1. Where the insured period related to the eligibility for benefits is not less than three years: The insured period of three years before the last date of business closure;
2. Where the insured period related to the eligibility for benefits is less than three years: The insured period related to the eligibility for benefits.

(2) Notwithstanding paragraph (1), where the specified number of days for which benefits are payable under Article 69-6 is increased as a result of the insured period under Article 50 (4) added up by an eligible recipient who used to be an insured self-employed person, the daily wage for the increased specified number of days shall be the daily wage computed pursuant to paragraph (1), and if the daily wage falls under any of the following subparagraphs it shall be the amount prescribed in each of the following applicable subparagraphs:
1. Where the daily wage fails to reach the minimum daily wage, the minimum daily wage;
2. Where the daily wage exceeds the amount prescribed by Presidential Decree pursuant to Article 45 (5), the amount prescribed by Presidential Decree.
[This Article Newly Inserted on Jul. 21, 2011]

Article 69-5 (Daily Amount of Job-Seeking Benefits)

The daily amount of job-seeking benefits for an eligible recipient who has closed his or her business as an insured self-employed person shall be the amount computed by multiplying the eligible recipient's daily wage by 60/100.
[This Article Newly Inserted on Jul. 21, 2011]

Article 69-6 (Specified Number of Days for which Benefits Are Payable

The specified number of days for which benefits are payable for an eligible recipient who has closed his or her business as an insured self-employed person shall be the number of days counting from the day immediately following the day when the waiting period prescribed in Article 49 is finished until the day satisfying the number of days prescribed in attached Table 2 in accordance with the insured period.
[This Article Newly Inserted on Jul. 21, 2011]

Article 69-7 (Limitation on Eligibility for Benefits Depending on Reasons for Business Closure)

Notwithstanding Article 69-3, where the head of an employment security office deems that an insured self-employed person who has closed his or her business falls under any of the following subparagraphs, the insured self-employed person shall be deemed lacking the eligibility for benefits:
1. Where the insured self-employed person has closed his or her business after his or her business permit is canceled or suspended in violation of statutes or regulations;
2. Where the insured self-employed person has closed his or her business due to any of his or her gross misconducts prescribed by Ordinance of the Ministry of Employment and Labor, such as arson;
3. Where the insured self-employed person has closed his or her business in order to change his or her job or to start another self-employed business, not for the grounds prescribed by Ordinance of the Ministry of Employment and Labor, such as a sharp drop in the amount of sales;
4. Where the insured self-employed person has closed his or her business for a reason that does not constitute the good causes prescribed by Ordinance of the Ministry of Employment and Labor.
[This Article Newly Inserted on Jul. 21, 2011]

Article 69-8 (Limitation on Payment of Unemployment Benefits for Insured Self-Employed Persons)

With respect to the person who has defaulted on the insurance premium, the Minister of Employment and Labor may refuse to pay the unemployment benefits referred to in this Chapter, as prescribed by Ordinance of the Ministry of Employment and Labor.
[This Article Newly Inserted on Jul. 21, 2011]

Article 69-9 (Application Mutatis Mutandis)

(1) Articles 37-2, 38, 38-2, 42, 43, 43-2, 44, 47 through 49, 56, 57, 60 through 63, and 65 through 68 shall apply mutatis mutandis to unemployment benefits for an insured self-employed person. In such cases, "job-leaving" in Articles 42 (1) and 43 (3) shall be construed as "business closure", "Article 40 (1) 1 through 3, 5, and 6" in Article 43 (1) as "Article 69-3", "Article 46" in Article 63 (1) as "Article 69-5", and "Article 50 (1)" in Article 48 (1) as "Article 69-6".

(2) Articles 57 (1) and (3) and 62 shall apply mutatis mutandis to employment promotion allowances for an insured self-employed person (excluding early re-employment allowances). In such cases, "eligible recipient" prescribed in Article 57 (1) shall be construed as "a person entitled to receive the employment promotion allowances".
[This Article Newly Inserted on Jul. 21, 2011]

Enforcement Ordinance

Article 93 (Entrustment of Administrative Affairs)

The head of an employment security office may, at the request of an eligible recipient, entrust the head of another employment security office with the administrative affairs concerning the unemployment benefits payable to the eligible recipient, if deemed necessary.

Enforcement Ordinance

Article 93-2 (Application Mutatis Mutandis)

Articles 58, 58-2, 58-3, 59, 61 (excluding paragraph (3)), 62, 62-2, 63 through 67, 69 through 71, 71-2, 75 through 77, 79 through 83, and 88 through 92 shall apply mutatis mutandis to the unemployment benefits for insured self-employed persons.
[This Article Newly Inserted on Jan. 13, 2012]

Article 37-2 (Unemployment Benefit Receipt Accounts)

(1) The head of an employment security office shall, upon receipt of an application from an eligible recipient, as prescribed in Article 43, transfer the unemployment benefits to a designated account opened in the name of the eligible recipient (hereinafter referred to as “unemployment benefit receipt account”): Provided, That when it is impracticable to transfer the unemployment benefits to the unemployment benefit receipt account due to any failure in the information and communication system or other unavoidable reasons prescribed by Presidential Decree, he or she may pay the unemployment benefits in cash or in any other manner prescribed by Presidential Decree.

(2) The financial institution with which an unemployment benefit receipt account is opened shall ensure that only unemployment benefits prescribed in this Act are transferred to the unemployment benefit receipt account.

(3) Matters necessary for the methods and procedures for application referred to in paragraph (1) and for the management of the unemployment benefit receipt accounts referred to in paragraph (2) shall be prescribed by Presidential Decree.
[This Article Newly Inserted on Jan. 20, 2015]

Article 43-2 (Recognition of Eligibility for Benefits When Acquiring Two or More Insured Statuses)

(1) If an insured person who is an employee, an artist under Article 77-2 (1), a worker under Article 77-6 (1), or a self-employed person and who has acquired two or more different insured statuses and has lost all of them due to job-leaving seeks to receive job-seeking benefits, the determination of eligibility for benefits shall be made on the basis of the insured status chosen by the insured person among the two or more insured statuses.

(2) If the insured status selected by a person seeking to be recognized as eligible under paragraph (1) is not the last-lost insured status (in the case of a simultaneous loss of insured statuses, it refers to all of the insured statuses lost at the same time; hereafter in this paragraph, the same shall apply), eligibility for benefits shall be recognized only if the reason for job-leaving relating to the last-lost insured status does not constitute a reason for limitation on eligibility for benefits under Article 58 or Article 69-7: Provided, That if head of an employment security office deems that the job-leaving is due to a decrease in income as prescribed by Presidential Decree, it shall not be considered a reason for limitation on eligibility for benefits.
[This Article Newly Inserted on Dec. 31, 2022]

Article 66 (Long-Distance Job Search Allowances)

(1) Long-distance job search allowances shall be payable, as deemed necessary by the head of an employment security office under the criteria set by Presidential Decree, to an eligible recipient who conducts a long-distance job search in accordance with guidance by the employment security office.

(2) Long-distance job search allowances shall be for reimbursing an eligible recipient for expenses reasonably incurred in conducting such job search under paragraph (1), and the amount shall be computed as prescribed by Ordinance of the Ministry of Employment and Labor.

Enforcement Ordinance

Article 58-2 (Unemployment Benefit Receipt Accounts)

(1) “Unavoidable reasons prescribed by Presidential Decree” in the proviso of Article 37-2 (1) of the Act means all of the following:
1. That an eligible recipient falls under subparagraph 8 of Article 65 and resides in an area with no available financial institutions;
2. That it is impracticable to pay unemployment benefits to the eligible recipient through a financial institution for the reason prescribed in subparagraph 1 within 14 days after the date of filing an application for unemployment benefits.

(2) If it is impracticable to transfer unemployment benefits to a designated account opened in the name of the eligible recipient under the main clause of Article 37-2 (1) of the Act (hereinafter referred to as “unemployment benefit receipt account”) due to any failure in the information and communication system or for the reason prescribed in paragraph (1) under the proviso of Article 37-2 (1) of the Act, the head of the employment security office may pay the amount of the unemployment benefits in cash directly to the eligible recipient.

(3) The head of an employment security office shall give notice to an applicant who applied for recognition of eligibility for benefits, as prescribed in Article 61 of the fact that he or she can receive the relevant unemployment benefits through the unemployment benefit receipt account at his or her own choice.
[This Article Newly Inserted on Apr. 20, 2015]

Enforcement Ordinance

Article 60-2 (Calculation of Number of Qualifying Days in Covered Employment)

(1) The number of qualifying days in covered employment for an insured employee falling under Article 41 (3) of the Act shall be deemed to meet the requirements for the number of qualifying days in covered employment under Article 40 (1) 1 of the Act, if it satisfies the following calculation formula:
1 - the number of qualifying days in covered employment as an employee (calculated on a daily basis) ÷ 180 days ≤ the number of qualifying days in covered employment as an artist (calculated on a monthly basis) ÷ 9 months + the number of qualifying days in covered employment as a worker (calculated on a monthly basis) ÷ 12 months

(2) Where an insured employee falling under Article 41 (3) of the Act falls under the following cases, the calculation formula under paragraph (1) shall be set pursuant to the relevant subparagraph:
1. Where the insured employee is insured concurrently as an employee, an artist, and a worker during the base period prescribed in Article 40 (2) of the Act: To be included only in the number of qualifying days in covered employment as an employee;
2. Where the insured employee is insured concurrently as an artist and a worker during the base period under Article 40 (2) of the Act: To be included only in the number of qualifying days in covered employment favorable to the insured employee during the qualifying days in covered employment as an artist or a worker.
[This Article Newly Inserted on Jun. 8, 2021]

Enforcement Ordinance

Article 62-2 (Recognition of Eligibility for Benefits When Acquiring Two or More Insurance Statuses)

"Decrease in income as prescribed by Presidential Decree" in the proviso of Article 43-2 (2) of the Act means a decrease in income that meets all of the following requirements:
1. The most recently lost insurance status shall have been acquired as a short-term artist under the proviso of Article 77-2 (2) 2 of the Act (hereinafter referred to as "short-term artist"), a short-term worker under the proviso of Article 77-6 (2) 2 of the Act (hereinafter referred to as "short-term worker"), or a worker who provides labor through a labor platform under Article 77-7 (1) of the Act;
2. The income accruing from the relevant insured status for the one-month period prior to the date of job-leaving from the most recently lost insured status shall be less than 50/100 of the income accruing from the relevant insured status for the one-month period prior to the date of job-leaving from the insured status selected by a person who intends to obtain recognition of eligibility for benefits pursuant to Article 43-2 (1) of the Act;
3. The daily average income accruing from the relevant insured status for the one-month period prior to the date of job-leaving from the most recently lost insured status shall not exceed 80/100 of the amount calculated by multiplying eight hours of contractual working hours by the minimum wage per hour under the Minimum Wage Act applicable as at the date of job-leaving.
[This Article Newly Inserted on Jun. 27, 2023]

Enforcement Ordinance

Article 71-2 (Waiting Period)

"Period prescribed by Presidential Decree" in Article 49 (2) of the Act means two weeks.
[This Article Newly Inserted on Jun. 27, 2023]

Enforcement Ordinance

Article 80-2 (Denial of Job-Seeking Benefits based on New Benefits Eligibility)

A period during which job-seeking benefits are not paid based on new benefits eligibility under Article 61 (5) of the Act shall be classified as follows:
1. Job-seeking benefits were not paid on three occasions: One year;
2. Job-seeking benefits were not paid on four occasions: Two years;
3. Job-seeking benefits were not paid on at least five occasions: Three years.
[This Article Newly Inserted on Aug. 27, 2020]

CHAPTER V Child-care Leave Benefit, etc.

SECTION 1 Child Care Leave Benefits and Benefits for Reduced Working Hours during Period of Child Care

Article 70 (Child-care Leave Benefits)

(1) The Minister of Employment and Labor shall pay child care leave benefits to an insured employee whose qualifying days in covered employment under Article 41 before the date child care leave begins amount to at least 180 days from among such insured employees who have been granted child care leave under Article 19 of the Equal Employment Opportunity and Work-Family Balance Assistance Act for at least 30 days (excluding the period overlapping with the period of maternity leave prescribed in Article 74 of the Labor Standards Act):
1. Deleted;
2. Deleted;
3. Deleted.

(2) A person who intends to receive child care leave benefits pursuant to paragraph (1) shall apply for child care leave benefits between one month from the date such child care leave begins and 12 months after the date such leave ends: Provided, That those who fail to apply for child care leave benefits during the aforementioned period due to any of the grounds prescribed by Presidential Decree shall file an application therefor within 30 days after the relevant ground ceases to exist.

(3) Where an insured person applies for child care leave benefits pursuant to paragraph (2) and such person has been severed from employment or has secured employment satisfying the criteria prescribed by Ordinance of the Ministry of Employment and Labor during the period of child care leave, such fact shall be specified in the application.

(4) The amount of child care leave benefits referred to in paragraph (1) shall be prescribed by Presidential Decree.

(5) Matters necessary for the application for and payment of child care leave benefits shall be prescribed by Ordinance of the Ministry of Employment and Labor.

Enforcement Ordinance

Article 94 (Reasons for Extension of Application Period for Child-care Leave Benefits)

The “causes prescribed by the Presidential Decree” in the proviso of Article 70 (2) of the Act refer to the following causes:[Amended by Presidential Decree No. 23513, Jan. 13, 2012]
1. Natural disasters;
2. Diseases or injuries of the principal or spouse;
3. Diseases or injuries of the lineal ascendants and descendants of the principal or his/her spouse;
4. Mandatory military services under the Military Service Act;and
5. Detention or execution of sentence on criminal charges

Enforcement Ordinance

Article 95 (Amount of Child-care Leave Benefits)

(1) The monthly amount of child care leave benefits under Article 70 (1) of the Act shall be the amount equivalent to 80/100 of the ordinary monthly wage as of the first day of the child care leave: Provided, That where such amount exceeds 1.5 million won, it shall be adjusted to 1.5 million won; and where such amount is less than 700,000 won, it shall be adjusted to 700,000 won.

(2) In cases of the divided use of a child care leave pursuant to Article 19-4 (1) of the Equal Employment Opportunity and Work-Family Balance Assistance Act, the total period of each child care leave shall be deemed the period for child care leave benefits under paragraph (1).

(3) Where the period for child care leave benefits is less than one month, the amount of such benefits shall be calculated on a daily pro rata basis of the monthly payment provided in paragraph (1), for the number of days of the child care leave taken during the relevant month.

(4) The amount equivalent to 75/100 of the child care leave benefits under paragraphs (1) and (3) (referring to any of the following amounts in cases falling under any of the following subparagraphs) shall be paid every month and the residual amount thereof shall be paid in lump sum to an employee who returns to the workplace after the child care leave and continues to work for at least six months: Provided, That even where the employee fails to work continuously for at least six months for good reason as prescribed by Ordinance of the Ministry of Employment and Labor under subparagraph 2 (c) of Article 58 of the Act, the remaining amount shall be paid:
1. Where child care leave benefits are paid pursuant to paragraph (1) and the amount equivalent to 75/100 of the child care leave benefits is less than the minimum payment under the proviso of paragraph (1): The minimum payment under the proviso of paragraph (1);
2. Where child care leave benefits are paid pursuant to paragraph (3) and the amount equivalent to 75/100 of the child care leave benefits is less than the amount calculated on a daily pro rata basis to the amount of the minimum payment under the proviso of paragraph (1): The amount calculated on a daily pro rata basis of the amount of the minimum payment under the proviso of paragraph (1).
[This Article Wholly Amended on Dec. 31, 2010]

Enforcement Ordinance

Article 95-2 (Temporary Special Cases concerning Child Care Leave Benefits for Persons Taking Second Child Care Leave)

(1) Notwithstanding Article 95 (1), where insured parents consecutively take a child care leave for the same child until December 31, 2022, the amount of the monthly payment of child care leave benefits payable to the insured person who has taken the second child care leave shall be the amount calculated according to the following classification:
1. For three months from the first day of a child care leave: An amount equivalent to the ordinary monthly wage as of the first day of the child care leave: Provided, That where such amount exceeds 2.5 million won, it shall be adjusted to 2.5 million won; and where such amount is less than 700,000 won, it shall be adjusted to 700,000 won;
2. From the start day of the fourth month of a child care leave to the last day of such leave: An amount equivalent to 50/100 of the ordinary monthly wage as of the first day of the child care leave: Provided, That where such amount exceeds 1.2 million won, it shall be adjusted to 1.2 million won; and where such amount is less than 700,000 won, it shall be adjusted to 700,000 won.

(2) Notwithstanding paragraph (1), where parents' periods of child care leave for the same child overlap, Article 95 (1) shall apply to child care leave benefits for that period.

(3) For purposes of applying paragraphs (1) and (2), where a pregnant female employee takes a child care leave on grounds of pregnancy, the fetus shall be deemed a child, and the pregnant female employee and her spouse shall be deemed parents.

(4) Notwithstanding Article 95 (4), the child care leave benefits under paragraph (1) 1 shall be paid in full monthly amounts of child care leave benefits each month.
[This Article Wholly Amended on Dec. 31, 2010]

Enforcement Ordinance

Article 95-3 (Special Cases concerning Child Care Leave Benefits for Children within 18 Months after Birth)

(1) Notwithstanding Articles 95 (1) and 95-2 (1) and (2), where both of the insured parents take child care leave for the same child until the lapse of 18 months after the birth of the child, the monthly amount of child care leave benefits payable to the insured parents shall be the amount calculated according to the following classification:
1. For up to six months from the start date of child care leave: An amount equivalent to the monthly ordinary wages of each insured as of the start date of child care leave. In this case, the upper limit of the monthly payment amount shall be as classified in the following, and the lower limit of the monthly payment shall be 700,000 won for each parent:
(a) If the parents each take child care leave for one month: Two million won per month, for each parent;
(b) If the parents each take child care leave for two months: Two million won for the first month and 2.5 million won for the second month, for each parent;
(c) If the parents each take child care leave for three months: Two million won for the first month, 2.5 million won for the second month, and three million won for the third month, for each parent;
(d) If the parents each take child care leave for four months: Two million won for the first month, 2.5 million won for the second month, three million won for the third month, and 3.5 million won for the fourth month, for each parent;
(e) If the parents each take child care leave for five months: Two million won for the first month, 2.5 million won for the second month, three million won for the third month, 3.5 million won for the fourth month, and four million won for the fifth month, for each parent;
(f) If the parents each take child care leave for six months: Two million won for the first month, 2.5 million won for the second month, three million won for the third month, 3.5 million won for the fourth month, four million won for the fifth month, and 4.5 million won for the sixth month, for each parent.
2. From the start of the seventh month of child care leave until the end of such leave: An amount equivalent to 80% of the ordinary monthly wage of each insured as of the first day of the child care leave. However, if such amount exceeds 1.5 million won, it shall be adjusted to 1.5 million won; and where such amount is less than 700,000 won, it shall be adjusted to 700,000 won.

(2) For purposes of applying paragraph (1), where a pregnant female employee takes child care leave on grounds of pregnancy, the fetus shall be deemed a child, and the pregnant female employee and her spouse shall be deemed parents.

(3) Notwithstanding Article 95 (1), where an insured who is a mother or father defined in subparagraph 1 of Article 4 of the Single-Parent Family Support Act, takes child care leave, child care leave benefits shall be determined according to the following classification:
1. For three months from the first day of a child care leave: An amount equivalent to the ordinary monthly wage as of the first day of the child care leave. Provided, That where such amount exceeds 2.5 million won, it shall be adjusted to 2.5 million won; and where such amount is less than 700,000 won, it shall be adjusted to 700,000 won;
2. From the start day of the fourth month of a child care leave to the last day of such leave: An amount equivalent to 80% of the ordinary monthly wage as of the first day of the child care leave. Provided, That where such amount exceeds 1.5 million won, it shall be adjusted to 1.5 million won; and where such amount is less than 700,000 won, it shall be adjusted to 700,000 won.

(4) Notwithstanding Article 95 (4), the child care leave benefits under paragraph (1) 1 and paragraph (3) 1 shall be paid in full monthly amounts of child care leave benefits each month. [This Article Newly Inserted on Dec. 31, 2021] [Title Amended on Dec. 26, 2023]

Article 71 (Verification of Child Care Leave)

Where an insured employee applies for child care leave benefits prescribed in Article 70, the business owner shall fully cooperate in verification of facts and any other procedures, as prescribed by Ordinance of the Ministry of Employment and Labor.

Article 72 Deleted.

Enforcement Ordinance

Article 96 (Reporting on Employment during Period for Child Care Leave Benefit)

An insured shall state his or her severance or employment in an application for child care leave benefits first filed after the day his or her employment is severed or he or she is employed pursuant to Article 70 (3) of the Act.

Article 73 (Limitations on Payment of Child Care Leave Benefits)

(1) Where an insured employee is severed from employment during the period of child care leave, no child care leave benefits shall be paid to him or her from the time of job-leaving.

(2) Where an insured person secures employment under Article 70 (3) during the period of child care leave, no child care leave benefits shall be paid to him or her during the period of such employment.

(3) Where an insured employee receives any money and valuables for child care leave from the business owner, the amount of child care leave benefits may be reduced, as prescribed by Presidential Decree.

(4) Where an insured employee has received, or attempted to receive, child care leave benefits by fraud or other improper means shall be denied child care leave benefits from the date such insured employee has received, or attempted to receive, such benefits: Provided, That the same shall not apply to subsequent eligibility for child care leave benefits that may be approved after the child care leave relevant to such improper claim.

(5) Notwithstanding the main clause of paragraph (4), where a person has received or attempted to receive child care leave benefits by not specifying the fact that he or she has secured employment during the period of child care leave or by fraudulently specifying such fact in violation of Article 70 (3), the scope of child care leave benefits may be set differently in consideration of the number of violations, etc., of which payment is limited as prescribed by Ordinance of the Ministry of Employment and Labor.
[Title Amended on Jan. 15, 2019]

Enforcement Ordinance

Article 97 (Application Mutatis Mutandis)

Article 81 shall apply mutatis mutandis to the restriction on the payment of child care leave benefits paid or the order to return such benefits pursuant to Article 70 (1) of the Act. In such cases, "job-seeking benefits" shall be construed as "child care leave benefits".

Enforcement Ordinance

Article 98 (Reduction of Child Care Leave Benefits)

Where an insured has received money and valuables for reasons of child care leave from the relevant business owner during a child care leave prescribed in Article 19 of the Equal Employment Opportunity and Work-Family Balance Assistance Act, and the amount calculated by aggregating the money and valuables received on a monthly basis during the child care leave and the amount calculated according to the following classifications exceeds the insured’s ordinary monthly wage as of the start day of the child care leave; the Minister of Employment and Labor shall, pursuant to Article 73 (3) of the Act, pay the amount calculated by subtracting the excessive amount from the amount calculated according to the following classifications:

1. In cases of child care leave benefits prescribed in Article 95 (1), 95-2 (1) 2, or 95-3 (1) 2 or (3) 2 (including child care leave benefits calculated on a daily pro rata basis by applying Article 95 (3)): An amount equivalent to 75/100 of the child care leave benefits: Provided, That where the amount is less than the amount of minimum payment provided in the proviso of Article 95 (1), the proviso of Article 95-2 (1) 2, the proviso of Article 95-3 (1) 2, or the proviso of Article 95-3 (3) 2, the amount of minimum payment shall be the amount;
2. In cases of child care leave benefits prescribed in Article 95-2 (1) 1 or 95-3 (1) 1 or (3) 1 (including child care leave benefits calculated on a daily pro rata basis by applying Article 95 (3)): An amount equivalent to 100/100 of the child care leave benefits.

Article 73-2 (Benefits for Reduced Working Hours during Child Care Period)

(1) The Minister of Employment and Labor shall pay benefits for reduced working hours during the period of child care to an insured employee whose qualifying days in covered employment under Article 41 before the date on which the reduction of working hours during the period of child care begins amount to at least 180 days from among the insured employees who have implemented reduction of working hours during the period of child care under Article 19-2 of the Equal Employment Opportunity and Work-Family Balance Assistance Act (hereinafter referred to as "reduction of working hours during the period of child care") for at least 30 days (excluding the period overlapping with the period of maternity leave under Article 74 of the Labor Standards Act):
1. Deleted;
2. Deleted.

(2) A person who intends to receive the payment of benefits for reduced working hours during the period of child care prescribed in paragraph (1) shall apply for such benefits between one month after the beginning date of the reduction of working hours and 12 months after the end date of such reduction: Provided, That those who fail to apply for the benefits for reduced working hours during the aforementioned application period due to any of the grounds prescribed by Presidential Decree shall file an application within 30 days after the relevant ground ceases to exist.

(3) The amount of benefits for reduced working hours during the period of child care referred to in paragraph (1) shall be prescribed by Presidential Decree.

(4) Matters necessary for the application for and payment of the benefits for reduced working hours during the period of child care shall be prescribed by Ordinance of the Ministry of Employment and Labor.
[This Article Newly Inserted on Jul. 21, 2011]

Article 74 (Application Mutatis Mutandis)

(1) Article 62 shall apply mutatis mutandis to child care leave benefits. In such cases, "job-seeking benefits" shall be construed as "child care leave benefits".

(2) Articles 62, 71, and 73 shall apply mutatis mutandis to benefits for reduced working hours during the period of child care. In such cases, "job-seeking benefits" prescribed in Article 62 shall be construed as "benefits for reduction of working hours during the period of child care", and "child care leave" prescribed in Articles 71 and 73 as "reduction of working hours during the period of child care".

Enforcement Ordinance

Article 99 (Entrustment of Administrative Affairs related to Child Care Leave Benefits)

The head of an employment security office may, at the request of an insured entrust the head of another employment security office with processing the administrative affairs for the child care leave benefits payable to him or her, if deemed necessary.

SECTION 2 Maternity Leave Benefits

Article 75 (Maternity Leave Benefits)

Where an insured employee is granted a maternity leave, or a miscarriage or stillbirth leave under Article 74 of the Labor Standards Act, or a paternity leave under Article 18-2 of the Equal Employment Opportunity and Work-Family Balance Assistance Act, and satisfies all of the following requirements, the Minister of Employment and Labor shall pay him or her maternity leave benefits, etc. (hereinafter referred to as "maternity leave benefits, etc.") pursuant to Article 18 of the Equal Employment Opportunity and Work-Family Balance Assistance Act:
1. The insured employee's qualifying days in covered employment prescribed in Article 41 as at the end date of such leave shall amount to at least 180 days;
2. The insured employee shall apply for maternity leave benefits, etc. between one month after the beginning date [where the workplace to which the insured employee who is granted a maternity leave, or a miscarriage or stillbirth leave belongs is not eligible for priority support, the date on which 60 days (75 days for a woman pregnant with two or more babies at the same time) lapse after the actual beginning date of the leave shall be deemed the beginning date of such leave] of such leave and 12 months after the ending date of such leave: Provided, That those who fail to apply for maternity leave benefits, etc. during that period due to any of the grounds prescribed by Presidential Decree shall file an application within 30 days after the relevant ground ceases to exist.
[Title Amended on Feb. 1, 2012]

Enforcement Ordinance

Article 100 (Reasons for Extension of Period Allowed for Application for Maternity Leave Benefits)

Article 94 shall apply mutatis mutandis to reasons for the extension of the period allowed for application for maternity leave benefits or miscarriage or stillbirth benefits or paternity leave benefits (hereinafter referred to as "maternity leave benefits, etc.") prescribed in the proviso of subparagraph 2 of Article 75 of the Act.
[Title Amended on Jul. 10, 2012]

Article 75-2 (Subrogation of Rights to Maternity Leave Benefits)

Where a business owner has paid an employee money and valuables corresponding to maternity leave benefits, etc. in advance for the same reasons as the payment of such benefits and such money and valuables are deemed to have been paid in lieu of maternity leave benefits, etc., the business owner shall subrogate the employee's right to maternity leave benefits, etc. with respect to the amount paid (not exceeding the limit under Article 76 (2)).
[This Article Newly Inserted on Dec. 31, 2008]
[Title Amended on Feb. 1, 2012]

Article 76 (Payment Period)

(1) Maternity leave benefits, etc. prescribed in Article 75 shall be paid in an amount equal to the ordinary wage of the insured employee prescribed in the Labor Standards Act (to be computed as of the beginning date of the leave) for the following periods of leaves:
1. The period of a maternity leave, or a miscarriage or stillbirth leave prescribed in Article 74 of the Labor Standards Act: Provided, That where the enterprise is not eligible for priority support, such period shall be limited to the number of days (the period shall be limited to 30 days; but for a woman pregnant with two or more babies at the same time, such period shall be limited to 45 days) exceeding 60 days (75 days for a woman pregnant with two or more babies at the same time) during the period of such leave;
2. Initial five days during the paternity leave prescribed in Article 18-2 of the Equal Employment Opportunity and Work-Family Balance Assistance Act: Provided, That it shall be limited to cases where the workplace to which the insured employee belongs is an enterprise eligible for priority support.

(2) A minimum and maximum amount of maternity leave benefits, etc. payable under paragraph (1) may be set, as prescribed by Presidential Decree.

(3) Matters necessary for the application for, and payment of, maternity leave benefits, etc. referred to in paragraphs (1) and (2) shall be prescribed by Ordinance of the Ministry of Employment and Labor.

Enforcement Ordinance

Article 101 (Maximum or Minimum Amounts of Maternity Leave Benefits)

The maximum and minimum amount of maternity leave benefits, etc. payable to an insured pursuant to Article 76 (2) of the Act shall be as follows:
1. Maximum amount: The amount publicly notified by the Minister of Employment and Labor every year, taking into account the following matters:
(a) Average ordinary wages of recipients of maternity leave benefits, etc.;
(b) The inflation rate;
(c) The minimum wage under the Minimum Wage Act;
(d) Other matters deemed necessary by the Minister of Employment and Labor;
2. Minimum amount: The amount equivalent to the ordinary wage for the period eligible for maternity leave benefits, etc. calculated by applying the hourly minimum wage as the hourly ordinary wage, where the employee's hourly ordinary wage is less than the minimum wage per hour under the Minimum Wage Act applicable as at the time when the period the maternity leave, miscarriage, or stillbirth leave or paternity leave under Article 18-2 of the Equal Employment Opportunity and Work-Family Balance Assistance Act (hereinafter referred to as "paternity leave") commences (hereinafter referred to as "minimum hourly wage").
[Title Amended on Jul. 10, 2012]

Article 77 (Application Mutatis Mutandis)

(1) Articles 62, 71, and 73 shall apply mutatis mutandis to return orders, verification of facts, limitations on payment, etc. with respect to maternity leave benefits, etc. In such cases, "job-seeking benefits" in Article 62 shall be construed as "maternity leave benefits, etc.", "child-care leave" in Articles 71 and 73 as "maternity leave, miscarriage or stillbirth leave, or paternity leave", respectively.

(2) Articles 62, 71, and 73 (excluding paragraph (1); hereafter in this paragraph, the same shall apply) shall apply mutatis mutandis to return orders, verification of facts, limitations on payment, etc. with respect to amounts equivalent to maternity leave benefits, etc. under Article 76-2. In such cases, "job-seeking benefits" in Article 62 shall be construed as "amount equivalent to maternity leave benefits, etc.", "child-care leave" in Articles 71 and 73 as "maternity leave and miscarriage or stillbirth leave", and "child care leave benefits" as "amount equivalent to maternity leave benefits, etc.", respectively.
[This Article Wholly Amended on Jan. 5, 2021]

Enforcement Ordinance

Article 102 (Application Mutatis Mutandis)

Article 96 shall apply mutatis mutandis to reporting on employment during the period of maternity leave under Article 75 of the Act (including the period from the date following the termination date of the employment contract under Article 76-2 of the Act to the expiration date of the relevant maternity leave) or miscarriage or stillbirth leave (including the period from the date following the termination date of the employment contract under Article 76-2 of the Act to the expiration date of the relevant miscarriage or stillbirth leave). In such cases, "application for child care leave benefits" shall be construed as "application for maternity leave benefits, etc. or application for the amount equivalent to maternity leave benefits, etc.".
[This Article Wholly Amended on Jun. 27, 2023]

Enforcement Ordinance

Article 103 (Application Mutatis Mutandis)

Article 81 shall apply mutatis mutandis to restrictions on the payment of maternity leave benefits, etc. paid pursuant to Article 75 of the Act or the payment of the amount equivalent to maternity leave benefits, etc. paid pursuant to Article 76-2 (1) of the Act, orders to return such benefits or amount, and other similar measures. In such cases, "job-seeking benefits" shall be construed as "maternity leave benefits, etc. or the amount equivalent to maternity leave benefits, etc.".

Enforcement Ordinance

Article 104 (Reduction of Maternity Benefits)

Where an insured has received money and valuables, as prescribed in Article 73 (3) of the Act applied mutatis mutandis under Article 77 (1) of the Act, which amount to the ordinary wage from the relevant business owner during the period of maternity leave, miscarriage or stillbirth leave, or paternity leave, where the aggregates of the money and valuables received from the business owner and the maternity leave benefits, etc. paid under Article 75 of the Act exceeds the ordinary wage as of the first day of the leave, the Minister of Employment and Labor shall pay the amount calculated by subtracting the excess amount from the maternity leave benefits, etc.: Provided, That this shall not apply where the insured had an increase in ordinary wage during the leave period and thus the business owner paid the difference between the increased ordinary wage and the maternity leave benefits, etc.
[Title Amended on Jul. 10, 2012]

Enforcement Ordinance

Article 104-2 (Benefits for Reduced Working Hours during Child Care Period)

(1) Article 94 shall apply mutatis mutandis to the ground for extension of the period of application for the benefits for reduced working hours during the infant care period pursuant to the proviso of Article 73-2 (2) of the Act. In such cases, "child care leave benefits" shall be deemed "benefits for reduced working hours during the period of child care".

(2) The amount of benefits for reduced working hours during the period of child care prescribed in Article 73-2 (3) of the Act shall be determined in accordance with the following formula: Provided, That where the period eligible for the benefits for reduced working hours during the period of child care is less than one month, such benefits shall be calculated by multiplying the amount computed by dividing the amount obtained according to the following formula by the number of days in the relevant month, by the number of days when the reduced working hours during child care period are applied:

(First 10 working hours reduced per week) An amount equivalent to the ordinary monthly wage calculated in accordance with the Labor Standards Act based on the date of commencement of reduced working hours during infant care period (a maximum of two million won and a minimum of 500,000 won)
× 10 (the actual hours reduced, in cases where the weekly reduced working hours are less than 10 hours) / contractual working hours before reduction
(Remaining working hours reduced) An amount equivalent to 80/100 of the ordinary monthly wage calculated in accordance with the Labor Standards Act based on the date of commencement of reduced working hours during infant care period (a maximum of 1.5 million won and a minimum of 500,000 won)
× contractual working hours before reduction - contractual working hours after reduction - 10 / contractual working hours before reduction
[This Article Newly Inserted on Sep. 15, 2011]
[Previous Article 104-2 moved to Article 104-5 ]

Enforcement Ordinance

Article 104-3 (Application Mutatis Mutandis)

(1) Article 81 shall apply mutatis mutandis to the restriction on the payment of the benefits for reduced working hours during the period of infant care, the order to return, etc. under Article 73-2 (1) of the Act. In such cases, "job-seeking benefits" shall be construed as "benefits for reduced working hours during the period of infant care".

(2) Article 96 shall apply mutatis mutandis to the report on employment, etc. during the period of reduction of working hours during the period of child care. In such cases, "child care leave benefits" shall be construed as "benefits for reduced working hours during the period of infant care".
[This Article Newly Inserted on Sep. 15, 2011]

Enforcement Ordinance

Article 104-4 (Curtailment of Wages for Reduced Working Hours during Infant Care Period)

Where an amount calculated by aggregating the money and valuables an insured has received on a monthly basis from the relevant business owner (referring to wages, and money and valuables received due to reduction of working hours during the period of child care) while working hours have been reduced during the infant care period under Article 19-2 of the Equal Employment Opportunity and Work-Family Balance Assistance Act and the benefits for reduced working hours during the infant care period under Article 73-2 of the Act exceeds the following relevant ordinary wages, the Minister of Employment and Labor shall, pursuant to Article 74 (2) of the Act, pay an amount calculated by subtracting the excess amount from the amount of benefits for reduced working hours during the infant care period:
1. Where the ordinary wage has not been raised while working hours have been reduced during the infant care period: Ordinary monthly wage based on the month immediately preceding the month to which the commencement date of reduction of working hours during the period of child care belongs;
2. Where the ordinary wage has been raised while working hours have been reduced during the infant care period: The following relevant ordinary wages:
(a) Until the day before the ordinary wage has been raised: The ordinary monthly wage based on the month immediately preceding the month to which the commencement date of reduction of working hours during the period of child care belongs;
(b) On or after the date the ordinary wage has been raised: The ordinary monthly wage based on the date the ordinary wage is raised.
[This Article Newly Inserted on Sep. 15, 2011]

Article 76-2 (Application to Fixed-Term Employees or Temporary Agency Workers)

(1) Notwithstanding Article 76 (1) 1, where the term of an employment contract of a fixed-term employee under Article 2 of the Act on the Protection of Fixed-Term and Part-Time Employees or a temporary agency worker under Article 2 of the Act on the Protection of Temporary Agency Workers ends during the period of his or her maternity leave or miscarriage or stillbirth leave under Article 74 of the Labor Standards Act, an amount equivalent to the maternity leave benefits, etc. for the period from the day following the date of termination of the employment contract to the expiration date of the maternity leave or miscarriage or stillbirth leave shall be paid in its entirety to the fixed-term employee or temporary agency worker.

(2) Matters necessary for the application for and payment of an amount equivalent to maternity leave benefits, etc., pursuant to paragraph (1) shall be prescribed by Ordinance of the Ministry of Employment and Labor.
[This Article Newly Inserted on Jan. 5, 2021]

Chapter V-2 Special Cases Concerning Employment Insurance For Insured Artists

Article 77-2 (Application to Insured Artists)

(1) Pursuant to Article 8 (2), this Chapter shall apply to a person, not an employee, who provides labor in person without using a third party (hereinafter referred to as "artist") under a contract related to culture and arts services under Article 4-4 of the Artist Welfare Act (hereinafter referred to as "contract related to culture and arts services"), from among persons prescribed by Presidential Decree such as artists under subparagraph 2 of Article 2 of the Artist Welfare Act, as well as to an employing unit that enters into a contract related to culture and art services with such person.

(2) Notwithstanding paragraph (1), this Act shall not apply to any of the following artists:
1. Where a person enters into an employment contract, a contract related to culture and arts services, or a labor contract under Article 77-6 (1) (excluding cases where a person who has maintained his or her insured status before the age of 65 continues to enter an employment contract, labor contract, or contract related to culture and arts services after the age of 65) or commences self-employment;
2. Where an artist fails to meet income standards prescribed by Presidential Decree: Provided, That any artist whose contract period is less than one month (hereinafter referred to as "short-term artist") shall be excluded;
3. Where an artist is under the age of 15: Provided, That an artist under the age of 15 who wishes to purchase employment insurance may do so, as prescribed by Presidential Decree.

(3) Notwithstanding Article 15, where a project prescribed by Presidential Decree falls under any of the following subparagraphs based on such considerations as the characteristics and scale of the project, the project owner or the primary contractor shall file a report on the artist used by the subcontractor pursuant to Article 15, as prescribed by Presidential Decree:
1. Where there are several primary contractors since multiple contract have been awarded a contract for a project;
2. Where a project is divided into several tiers of contracts, resulting in multiple subcontractors.

(4) Where a project owner or artist requests relevant data, information, etc. prescribed by Presidential Decree to file a report on the attainment, etc. of insured status, the business owner who is a subcontractor, an artist, etc. shall provide such data, information, etc.

(5) Deleted.

(6) A business owner (in cases falling under paragraph (3), referring to a project owner or a primary contractor) of an employing unit that has entered into a contract related to culture and arts services with an artist subject to this Chapter pursuant to paragraph (1) shall bear insurance premiums pursuant to the Act on the Collection of Insurance Premiums for Employment Insurance and Industrial Accident Compensation Insurance; and matters necessary for the establishment, termination, and alteration of such insurance relationship, and the calculation, payment, and collection of insurance premiums shall be prescribed by the Act on the Collection of Insurance Premiums for Employment Insurance and Industrial Accident Compensation Insurance.

Enforcement Ordinance

Article 104-5 (Scope of Insured Artists)

(1) "Persons prescribed by Presidential Decree" in Article 77 (2) 1 of the Act means any of the following persons:
1. An artist defined in subparagraph 2 of Article 2 of the Artist Welfare Act;
2. A person who falls under any subparagraph of Article 3-2 (1) of the Artist Welfare Act but fails to obtain certification, or has invalid certification, of his or her artistic activities, or who engages in, or intends to engage in, creative activities, performance, technical support activities, etc. in the field of culture and art.

(2) "Income standards prescribed by Presidential Decree" in the main clause of Article 77-2 (2) 2 of the Act means the following standards:
1. The monthly average income (referring to the amount calculated on a monthly basis by dividing the amount to be paid to an artist under a contract related to culture and arts services by the contract period; hereinafter the same shall apply) under a contract related to culture and arts services concluded by and between an artist and a business owner shall be at least 500,000 won;
2. Where an artist who fails to meet the income standards under subparagraph 1 has concluded at least two contracts related to culture and arts services, and the sum of monthly average income derived from those contracts for the same period shall be at least 500,000 won.
(3) Where an artist intends to aggregate the monthly average income derived from of at least two contracts related to culture and arts services pursuant to paragraph (2) 2, he or she shall apply for aggregating the monthly average income under those contracts to the Minister of Employment and Labor by the 15th day of the month following the month in which the date the sum of monthly average income under the contracts reaches at least 500,000 won.
(4) Upon receipt of an application for aggregation under paragraph (3), the Minister of Employment and Labor shall verify whether the relevant artist meets the income standards under paragraph (2) 2 and notify the relevant business owner (limited to cases where he or she meets the income standards) and the artist of the results of his or her verification. In such cases, the relevant business owner shall be deemed to have reported the artist’s acquisition of insured status pursuant to Article 104-6 (1) when the artist applies for aggregation pursuant to paragraph (3).
[This Article Newly Inserted on Dec. 8, 2020]
[Previous Article 104-5 moved to Article 104-11 ]

Enforcement Ordinance

Article 104-6 (Reporting on Insured Status of Artists)

(1) A business owner who has entered into a contract related to culture and arts services with an artist shall report matters relating to the acquisition and loss of insured status of the artist related to the business to the Minister of Employment and Labor by the 15th day of the month following the month in which the date such reason occurs falls (without delay, where the artist demands that the business owner file such report before the above-stated deadline) pursuant to Article 15 of the Act, which is applied mutatis mutandis in Article 77-5 (1) of the Act.

(2) Notwithstanding paragraph (1), a report on the acquisition or loss of insured status of a short-term artist shall be deemed to have been filed where the relevant business owner who has entered into a contract related to culture and arts services with a short-term artist has filed, with the Minister of Employment and Labor, a report on confirmation of details of labor, including the number of days during which culture and arts services are provided and the contractual amount, etc. by no later than the 15th day of the month following the month in which the date such reason occurs falls.

(3) Where an artist files a report on matters relating to the acquisition and loss of insured status pursuant to Article 15 (3) of the Act, which is applied mutatis mutandis in Article 77-5 (1) of the Act, he or she shall submit documents proving the contractual relations related to culture and arts services, such as the contract related to culture and arts services.

(4) A business owner who has entered into a contract related to culture and arts services with an artist under 15 years of age who intends to subscribe to employment insurance pursuant to the proviso of Article 77-2 (2) 3 of the Act (referring to the relevant project owner or the relevant primary contractor in cases falling under Article 77-2 (3) of the Act; hereafter in this paragraph, the same shall apply) shall file an application for subscription to employment insurance with the Minister of Employment and Labor, as prescribed by Ordinance of the Ministry of Employment and Labor: Provided, That an artist under 15 years of age may file an application for subscription at his or her discretion, and the Minister of Employment and Labor in receipt of the application shall notify the relevant business owner of such fact.

(5) Where an application for subscription is filed pursuant to paragraph (4), the relevant artist under 15 years of age shall be deemed to acquire the insured status on the day following the day such application is filed: Provided, That where the relevant artist under 15 years of age is a short-term artist, he or she shall be deemed to acquire the insured status on the day he or she provides labor in accordance with a contract related to culture and arts services.

(6) Where an artist under 15 years of age who has subscribed to employment insurance intends to withdraw from such insurance policy, he or she shall file an application for withdrawal with the Minister of Employment and Labor, as prescribed by Ordinance of the Ministry of Employment and Labor. In such cases, the insured status shall be deemed forfeited on the day following the day such application is filed.

(7) "Project prescribed by Presidential Decree" in Article 77-2 (3), with the exception of the subparagraphs, of the Act means a project related to culture and arts services, the order for which is placed by the State, a local government, or a public institution under the Act on the Management of Public Institutions (where a public institution which placed an order for such project is excluded from public institutions during the contract period for the relevant culture and arts services, including the public institution until said contract expires or is terminated).

(8) Pursuant to Article 77-2 (3) of the Act, a person placing an order or a primary contractor shall report on matters relating to the acquisition and loss of insured status of an artist employed by the primary contractor or a subcontractor as follows:
1. Where multiple contracts have been awarded for a single project, resulting in multiple primary contractors: The person placing an order and the subcontractor shall report matters relating to the acquisition and loss of insured status of the artist employed by the primary contractors and the subcontractor;
2. Where a single project is divided into several tiers of contracts, resulting in multiple subcontractors: The original contractor shall report matters relating to the acquisition and loss of insured status of the artist employed by the subcontractor.

(9) “Relevant data, information ... prescribed by Presidential Decree” in Article 77-2 (4) of the Act means the following data and information:
1. A subcontract concluded by and between the primary contractor and the subcontractor or between subcontractors;
2. A contract related to culture and arts services;
3. A list of artists employed.
[This Article Newly Inserted on Dec. 8, 2020]

Enforcement Ordinance

Article 104-7 (Reporting on Changes Related to Insured Artists and Request for Confirmation)

Articles 10 (1) and 11 shall apply mutatis mutandis to reporting on the change and correction of the name and resident registration number of an insured artist, and requests for, and notice of confirmation, of his or her acquisition or loss of insured status. In such cases, "business owner or subcontractor who currently employs, or previously employed" in Article 11 (2) shall be construed as "business owner or a person placing an order, or a primary contractor who currently employs or previous employed".
[This Article Newly Inserted on Dec. 8, 2020]

Article 77-3 (Job-Seeking Benefits for Insured Artists)

(1) An artist shall be eligible for job-seeking benefits only when he or she satisfies all of the following requirements: Provided, That subparagraph 6 shall apply only to a person who has been a short-term artist at the time of the most recent job-leaving:
1. The number of qualifying days in covered employment during the 24-month period prior to the date of job-leaving shall be not less than nine months;
2. He or she shall be able and willing to work but unable to secure job (including being engaged in a for-profit business; hereafter the same shall apply in this Chapter);
3. The reasons for job-leaving shall not fall under any of the disqualifying conditions set forth in Article 58 that are applied mutatis mutandis in Article 77-5 (2): Provided, That where the head of an employment security office deems that an artist left a job due to a decrease in income as prescribed by Presidential Decree at the time of job-leaving, such case shall not be deemed to constitute a disqualifying condition set forth in Article 58, notwithstanding subparagraph 2 (a) of Article 58 which applies mutatis mutandis under Article 77-5 (2);
4. The artist shall have maintained the insured status as an insured artist for at least three months in the 24 months prior to the date of job-leaving;
5. The artist shall be actively seeking reemployment;
6. The artist shall meet all of the following requirements:
(a) The number of days of labor provision in one month prior to the date of applying for recognition of eligibility for benefits is less than 10 days, or there is no record of labor provision for 14 consecutive days prior to the date of applying for recognition of eligibility for benefits;
(b) Where an artist has left another job due to a reason constituting a disqualification condition under Article 58 which is applied mutatis mutandis in Article 77-5 (2) during the qualifying days in covered employment over the 24 months prior to the date of most recent job-leaving, he or she shall have worked as a short-term artist for at least 90 days during the qualifying days in covered employment.

(2) The qualifying days in covered employment referred to in paragraph (1) 1 shall be calculated from the date of acquiring insured status in the business related to the eligibility for benefits to the date of job-leaving, and where a person has worked as a person falling under at least two categories from among employees, artists, and workers provided for in Article 77-6 (1), the qualifying days in covered employment shall be prescribed by Presidential Decree.

(3) The daily wage of an artist shall be the amount obtained by dividing the total remuneration reported pursuant to Article 16-10 of the Act on the Collection of Insurance Premiums for Employment Insurance and Industrial Accident Compensation Insurance for the year preceding the last job-leaving date related to the recognition of eligibility for benefits by the total number of days of the period based on which the calculation is made: Provided, That where the daily wage of an artist (excluding an artist who is not subject to the standard remuneration pursuant to Article 3 (1) 2 of the Act on the Collection of Insurance Premiums for Employment Insurance and Industrial Accident Compensation Insurance) is less than the artist's daily standard remuneration under Article 3 of that Act at the time of the job-leaving, the daily standard remuneration shall be the daily wage.

(4) The daily amount of job-seeking benefits of an artist shall be the amount obtained by multiplying the daily wage under paragraph (3) by 60/100.

(5) The maximum amount of job-seeking benefits under paragraph (4) shall be the amount prescribed by Presidential Decree in consideration of the maximum amount of job-seeking benefits, etc. of the insured employee.

(6) An artist shall not be paid job-seeking benefits for seven days regarded as a waiting period beginning from the date of the report of unemployment under Article 42: Provided, That if any of the following reasons applies, a period of up to four weeks prescribed by Presidential Decree for each reason under the subparagraphs shall be considered the waiting period and the job-seeking benefits shall not be paid, and if at least two of the following reasons apply, the longest waiting period shall be considered the waiting period:
1. Where the job-leaving is due to the reasons under paragraph (1) 3;
2. Where an application for recognition of eligibility for benefits has been filed pursuant to Article 43-2 (1) and the reason for the job-leaving related to the last-lost insured status falls under the proviso of paragraph (2) of that Article.

(7) The insured period for calculating the specified number of days for which benefits are payable to an artist shall be the qualifying days in covered employment referred to in paragraph (2): Provided, That a period calculated as prescribed by Presidential Decree in consideration of the number of days of labor provision, etc. during the relevant contract period shall apply to short-term artists.

(8) Notwithstanding Article 47, the head of an employment security office shall, if job-seeking benefits are paid to an insured artist, reduce all or part of the relevant income accruing from employment, etc. during the period subject to recognition of unemployment and then pay it, as prescribed by Presidential Decree.
[This Article Newly Inserted on Jun. 9, 2020]

Enforcement Ordinance

Article 104-8 (Eligibility Requirements for Job-Seeking Benefits of Insured Artists)

(1) "Decrease in income as prescribed by Presidential Decree" in the proviso of Article 77-3 (1) 3 of the Act means any of the following decreases in income: Provided, That in cases of a social or economic crisis such as a disaster prescribed in the Framework Act on the Management of Disasters and Safety, the Minister of Employment and Labor may otherwise determine the timing of comparing the decreases in income under subparagraphs 1 and 2 and may publicly notify such timing:
1. Where income derived from a contract related to culture and arts services (hereinafter referred to as "final contract"; hereafter in this paragraph the same shall apply) during three months immediately preceding the month in which date of leaving falls has decreased by at least 20/100 from income derived from the final contract during the same period of the preceding year (where no final contract exists, referring to income accruing from other contracts related to culture and arts services valid for the same period of the preceding year);
2. Where all of the following income decreases:
(a) The monthly average amount of income generated from a final contract during the three months immediately preceding the month in which the date of leaving one's job falls (referring to the monthly average amount of income generated from other contracts related to culture and arts services (limited to those whose contract period exceeds one month) valid in the year immediately preceding the year in which the date of leaving falls, if no final contract exists in the year immediately preceding the year in which the date falls. The amount is less than "average monthly amount in the preceding year" in item (b);
(b) The monthly income derived from the final contract during the 12 months immediately preceding the month in which the date of leaving falls shall be smaller than 20/100 of the monthly average income for the preceding year for at least five months.

(2) Where an artist has taken up at least two of three occupations as an employee, an artist, and a worker, for the 24-month period prior to the date of job-leaving, the number of qualifying days in covered employment under Article 77-3 (2) of the Act for the person shall be deemed to meet the requirements for the number of qualifying days in covered employment under paragraph (1) 1 of that Article, if it satisfies the following calculation formula:
1 - the number of qualifying days in covered employment as an artist (calculated on a monthly basis) ÷ 9 months ≤ the number of qualifying days in covered employment as an employee (calculated on a daily basis) ÷ 180 days + the number of qualifying days in covered employment as a worker (calculated on a monthly basis) ÷ 12 months

(3) Where an artist under paragraph (2) falls under the following cases, the calculation formula under paragraph (2) shall be established pursuant to the relevant subparagraph:
1. Where the artist is insured concurrently as an employee, an artist, and a worker during the base period under Article 40 (2) 1 of the Act, which is applied mutatis mutandis in Article 77-5 (2) of the Act: To be included only in the number of qualifying days in covered employment as an artist;
2. Where the artist is insured concurrently as an employee and a worker during the base period under Article 40 (2) 1 of the Act, which is applied mutatis mutandis in Article 77-5 (2) of the Act: To be included only in the number of qualifying days in covered employment favorable to the insured artist during the qualifying days in covered employment as an employee or a worker.

(4) "Amount prescribed by Presidential Decree" in Article 77-3 (5) of the Act means 66,000 won.

(5) "Period prescribed by Presidential Decree" in the proviso of Article 77-3 (6) of the Act means the following periods:
1. In cases falling under Article 77-3 (6) 1 of the Act: Four weeks;
2. In cases falling under Article 77-3 (6) 2 of the Act: Two weeks.

(6) The insured period of a short-term artist under the proviso of Article 77-3 (7) of the Act shall be calculated in accordance with the following classification:
1. Where the number of days during which labor is provided in the relevant month is at least 11 days: To be calculated as one month;
2. Where the number of days during which labor is provided in the relevant month does not exceed 10 days: The amount shall be calculated by dividing the aggregate of the number of days during which labor is provided each month by 22.

(7) Where income accrues during the period subject to recognition of unemployment, due to employment, etc. job-seeking benefits shall be paid after deducting the relevant amount according to Article 77-8 (8) of the Act and the following classification:
1. Where an insured artist is deemed to have obtained employment, etc. as he or she falls under any of the following: Sum of the amount calculated by multiplying the relevant number of working days, number of days during which labor is provided, or number of business days by the daily amount of job-seeking benefits corresponding thereto:
(a) Where he or she provides labor for specified contractual working hours of at least 60 hours per month or 15 hours per week;
(b) Where he or she continuously provides labor for at least three months;
(c) Where he or she provides labor as a daily hire employee, a short-term artist, or as a short-term worker under the proviso of Article 77-6 (2) 2 of the Act;
(d) Where he or she enters into a new contract related to culture and arts services (referring to a contract whose monthly average income is at least 500,000 won) or a labor contract (referring to a contract whose monthly remuneration under Article 104-11 (2) 1 is at least 800,000 won) and provides labor;
(e) Where it is deemed difficult for him or her to work for other business on a regular basis as he or she engages in family business, such as commercial and agricultural work (including unpaid housekeeper) or participates in business activities of other persons;
(f) Where he or she is registered as a business entity under the Income Tax Act, the Value-Added Tax Act, or the Corporate Tax Act: Provided, That this shall not apply to cases where it is proved that no actual business has been conducted, such as report filed on business suspension, and cases where no employee has been hired during the operation of the real estate leasing business and the business has no rental office;
(g) Other cases where he or she is deemed to obtain employment based on social norms;
2. In cases other than those falling under subparagraph 1, where the average daily income accrued during the period subject to recognition of unemployment exceeds the amount publicly notified by the Minister of Employment and Labor: Sum of the daily average income accrued during the period subject to recognition of unemployment, minus the amount publicly notified by the Minister of Employment and Labor.

(8) The following provisions shall apply mutatis mutandis to job-seeking benefits for an insured artist:
1. Articles 58, 58-2, 58-3, 59, 60, 61, 62, 62-2, 63, 64 (excluding subparagraph 3), 65 through 67, 69 through 71, 75, 76, 79, 80, 80-2, 81, and 82 shall apply to application for a job, recognition of eligibility for benefits, recognition of unemployment, reporting on employment, benefit period, payment, etc. of job-seeking benefits;
2. Articles 69, 75 through 80, 80-2, and 81 with respect to sickness benefits. In such cases, "application for recognition of unemployment" in Article 69 shall be construed as "application for sickness benefits"; and "job-seeking benefits" in Articles 75 through 80, 80-2, and 81 as "sickness benefits";
3. Article 75 with respect to the procedure for the payment of job-seeking benefits to a claimant for benefits payable. In such cases, the "competent employment security office having jurisdiction over the place of application" shall be construed as "competent employment security office having jurisdiction over the place of application of the deceased eligible recipient", and "eligible recipient" as "claimant for benefits payable".
[This Article Newly Inserted on Dec. 8, 2020]

Article 77-4 (Maternity Benefits of Insured Artists)

(1) Where a currently or formerly insured artist is unable to provide labor for reasons of childbirth, miscarriage, or stillbirth, the Minister of Employment and Labor shall pay maternity benefits, etc. (hereinafter referred to as "maternity benefits, etc."): Provided, That where the requirements for the payment of maternity leave benefits, etc. under Article 75 and maternity benefits, etc. under Article 77-9 (1) are met simultaneously for the same child, etc., they shall be paid as prescribed by Presidential Decree.

(2) The requirements, amount, period of payment, etc. of maternity benefits, etc. prescribed in paragraph (1) shall be prescribed by Presidential Decree.

(3) Matters necessary to apply for and to pay maternity benefits, etc. referred to in paragraphs (1) and (2) shall be prescribed by Ordinance of the Ministry of Employment and Labor.
[This Article Newly Inserted on Jun. 9, 2020]
[Title Amended on Jun. 10, 2022]

Enforcement Ordinance

Article 104-9 (Requirements for Payment of Maternity Benefits to Artists)

(1) Pursuant to Article 77-4 (2) of the Act, the Minister of Employment and Labor shall pay maternity benefits, etc. (hereinafter referred to as "maternity benefits, etc.") to a currently or formerly insured artist, if he or she meets all of the following requirements:
1. The artist shall meet the requirements classified as follows:
(a) An artist who is insured as of the date of childbirth, miscarriage, or stillbirth: The number of qualifying days in covered employment as an artist shall be at least three months in total, prior to the date of childbirth, miscarriage, or stillbirth;
(b) An artist who is not insured as of the date of childbirth, miscarriage, or stillbirth: The number of qualifying days in covered employment as an artist shall be at least three months in total, for the 18-month period prior to the date of childbirth, miscarriage, or stillbirth;
2. No labor shall be provided during the period of payment of maternity benefits, etc.: Provided, That where the amount of income derived from labor or the one from self-employment during the payment period is less than the amount determined and publicly notified by the Minister of Employment and Labor, labor shall be deemed not provided;
3. The insured artist shall apply for maternity benefits, etc. within 12 months from the date of childbirth, miscarriage, or stillbirth: Provided, That if the person fails to file an application by said period due to any of the following reasons, he or she shall file said application within 30 days from the date such reason ceases to exist:
(a) A natural disaster;
(b) Injury or disease suffered by the person himself or herself, his or her spouse, or lineal ascendants or descendants of such person or his or her spouse;
(c) Detention on account of a crime or execution of a sentence.

(2) The periods of payment of maternity benefits, etc. shall be classified as follows:
1. Where a currently or formerly insured artist gives birth: The period shall be 90 consecutive days including days before and after childbirth (or 120 days in cases of pregnancy of two or more children at a time) and shall be at least 45 days (or 60 days in cases of pregnancy of two or more children at a time) after childbirth;
2. Where a currently or formerly insured artist suffers miscarriage or stillbirth: The following periods:
(a) Where the pregnancy period is not less than 11 weeks: Five days from the date of miscarriage or stillbirth;
(b) Where the pregnancy period is at least 12 weeks but not more than 15 weeks: 10 days from the date of miscarriage or stillbirth;
(c) Where the pregnancy period is at least 16 weeks but not more than 21 weeks: 30 days from the date of miscarriage or stillbirth;
(d) Where the pregnancy period is at least 22 weeks but not more than 27 weeks: 60 days from the date of miscarriage or stillbirth;
(e) Where the pregnancy period is at least 28 weeks: 90 days from the date of miscarriage or stillbirth.

(3) Maternity benefits, etc. shall be the amount calculated for the periods classified in the subparagraphs of paragraph (2) based on the amount equivalent to the monthly average remuneration for one year (or 18 months for an artist who is not insured as of the date of childbirth, miscarriage, or stillbirth) retrospectively from the date of childbirth, miscarriage, or stillbirth, and the maximum and minimum amounts thereof shall be determined and publicly notified by the Minister of Employment and Labor in consideration of the following matters:
1. Maximum and minimum amounts of maternity leave benefits, etc. prescribed in Article 101;
2. Levels of monthly average remuneration for the insured artist;
3. Inflation rate;
4. Other matters deemed necessary by the Minister of Employment and Labor.

(4) Notwithstanding paragraph (3), if a currently or formerly insured artist has received the following amounts due to childbirth, miscarriage, or stillbirth, he or she shall be paid maternity benefits, etc. on the same grounds excluding the amount already paid:
1. Maternity leave benefits, etc. received as an employee under Article 75 of the Act;
2. Money and valuables received as an employee from the relevant business owner pursuant to Article 73 (3) of the Act, which is applied mutatis mutandis in Article 77 (1) of the Act during the period of payment of maternity leave benefits, etc. under Article 76 of the Act;
3. Money and valuables including maternity benefits, etc. received from the relevant business owner as a worker during the period of payment of maternity benefits, etc. pursuant to Article 77-9 (1) of the Act;
4. Money and valuables received as an artist from the relevant business owner during the period of payment of maternity benefits, etc., under paragraph (2).

(5) Article 81 shall apply mutatis mutandis to orders to return maternity benefits, etc. paid under paragraph (1), amount to be collected and to be returned, and appropriation for an amount to be returned or additional amount to be collected. In such cases, "job-seeking benefits" shall be construed as "maternity benefits, etc.".
[This Article Newly Inserted on Dec. 8, 2020]
[Title Amended on Dec. 6, 2022]

Article 77-5 (Application Mutatis Mutandis)

(1) Articles 13 (1), 14 (1), 15 and 17 shall apply mutatis mutandis to insured status of an artist. In such cases, "employee" shall be construed as "artist", "date of employment" as "date of commencement of a contract related to culture and arts services", and "employee who was employed" as "artist whose contract related to culture and arts services has been commenced".

(2) Articles 37-2, 38, 38-2, 40 (2) 1, 41 (2), 42, 43, 43-2, 44, 47, 48, 50, 56 through 58, and 60 through 63 shall apply mutatis mutandis to job-seeking benefits for artists. In such cases, "18 months before the date of job-leaving" in Article 40 (2) 1 shall be construed as "24 months before the date of job-leaving", "Article 46" in the main clause of Article 63 (1) as "Article 77-3 (4) and (5)", and "Articles 47 and 49" in the former part of paragraph (5) of that Article as "Article 47".

(3) Articles 62 and 73 (4) shall apply mutatis mutandis to return orders, limitations on payment, etc. with respect to maternity benefits, etc. for artists. In such cases, "job-seeking benefits" in Article 62 shall be construed as "maternity benefits, etc.", "child care leave benefits" in Article 73 (4) as "maternity benefits, etc.", and "child care leave" as "maternity, or miscarriage or stillbirth", "eligibility for child care leave benefits" as "eligibility for payment of maternity benefits, etc." respectively.

(4) Articles 87 through 98, 99 (excluding paragraph (2)), and 100 through 112 shall apply mutatis mutandis to an artist’s request for the confirmation of insured status, and for review and further review of job-seeking benefits and maternity benefits, etc. In such cases, "unemployment benefits prescribed in Chapter IV or ... child care leave benefits and maternity leave benefits, etc. prescribed in Chapter V" and "unemployment benefits under Chapter IV and ... child care leave benefits and maternity leave benefits, etc. under Chapter V" shall each be construed as "job-seeking benefits and maternity benefits, etc. under Chapter V-2", "unemployment benefits" each as "job-seeking benefits", "workplace" each as "workplace and office of a person required to report acquisition of insured status", "business owner" each as "business owner and a person required to report insured status", "employee" each as "artist", "child care leave benefits, etc." as "maternity benefits, etc.", "Chapter IV" as "Chapter V-2", "child care leave benefits, benefits for reduced working hours during the period of child care, and maternity leave benefits, etc. under Chapter V" as "maternity benefits, etc. under Chapter V-2", and "unemployment benefits, child care leave benefits, and maternity leave benefits, etc." as "job-seeking benefits and maternity benefits, etc."
[This Article Newly Inserted on Jun. 9, 2020]

Enforcement Ordinance

Article 104-10 (Review of Confirmation of Artists' Insured Status)

The following provisions shall apply mutatis mutandis to the review of confirmation of artists' insured status and their job-seeking benefits and maternity benefits, etc., the Board of Review, and further review:
1. Articles 121 through 129 with respect to review;
2. The following provisions with respect to the Board of Review and further review:
(a) Articles 123, 124, and 126 through 128 with respect to applications for challenge filed by members of the Board of Review and revision of request for further review; in such cases, "examiner" in Article 123 shall be construed as "member of the Board of Review"; "Minister of Employment and Labor" as "chairperson of the Board of Review"; "applicant for review" in Articles 124 and 128 as "applicant for further review"; "examiner" in Articles 124, 126, and 128 as "chairperson of the Board of Review"; and "request for review" in Articles 126 through 128 as "request for further review".
(b) Articles 130 through 141 shall apply to matters relating to the members and operation of the Board of Review and other matters.
[This Article Newly Inserted on Dec. 8, 2020]
[Title Amended on Jun. 27, 2023]

Chapter V-3 Special Cases Concerning Employment Insurance For Insured Workers

Article 77-6 (Application to Insured Workers)

(1) Pursuant to Article 8 (2), this Chapter shall apply to a person, not an employee, who is engaged in the types of work prescribed by Presidential Decree (hereinafter referred to as "worker") from among those who enter into a contract under which he or she provides labor in person without using a third party for other person's business and receives certain remuneration from the business owner or person provided with labor (hereinafter referred to as "labor contract") as well as to an employing unit that enters into a labor contract with such person.

(2) Notwithstanding paragraph (1), this Act shall not apply to if a worker falls under any of the following cases:
1. Where a worker enters into an employment contract, labor contract, or contract related to culture and arts services (excluding cases where a person who has maintained his or her insured status before the age of 65 continues to enter an employment contract, labor contract, or contract related to culture and arts services after the age of 65) or commences self-employment;
2. Where a worker fails to meet income standards prescribed by Presidential Decree: Provided, That persons with a contract of less than one month (hereinafter referred to as "short-term worker"), among workers, shall be excluded herefrom;
3. Where a worker is under 15 years of age: Provided, That a worker under the age of 15 who wishes to purchase employment insurance may do so, as prescribed by Presidential Decree.

(3) Deleted.

(4) A worker to whom this Chapter applies pursuant to paragraph (1) and the owner of business which has entered into a labor contract with him or her (hereinafter referred to as "owner of labor-providing business") shall bear insurance premiums according to the Act on the Collection of Insurance Premiums for Employment Insurance and Industrial Accident Compensation Insurance, and matters necessary for the establishment, termination and change of insurance relationships and the calculation, payment and collection of insurance premiums shall be as prescribed by the Act on the Collection of Insurance Premiums for Employment Insurance and Industrial Accident Compensation Insurance.
[This Article Newly Inserted on Jan. 5, 2021]

Enforcement Ordinance

Article 104-11 (Scope of Insured Workers)

(1) "Person ... who is engaged in the types of work prescribed by Presidential Decree" in Article 77-6 (1) of the Act shall be any of the following persons:
1. Any of the following persons who solicits insurance:
(a) An insurance solicitor registered under Article 84 (1) of the Insurance Business Act;
(b) A person who engages in soliciting postal insurance policies under the Postal Savings and Insurance Act, as a full-time job;
2. A person who visits the homes of children or students, etc. registered as members, in person and teaches them, such as a home-visit instructor of a private teaching institute and an instructor using educational teaching tools as classified under the sub-sub grouping of the standard classification of occupations publicly notified by the Commissioner of the Statistics Korea pursuant to Article 22 of the Statistics Act (hereinafter referred to as the "Korean Standard Classification of Occupations");
3. A person classified as a door-to-door courier under the sub-grouping of the Korean Standard Classification of Occupations and who engages in collection or delivery in courier services (referring to service delivering parcels after collecting and transporting them; hereafter in subparagraph 11 (d), the same shall apply);
4. A loan solicitor defined in the proviso of Article 3 (1) of the Act on Registration of Credit Business and Protection of Finance Users;
5. A credit card solicitor under Article 14-2 (1) 2 of the Specialized Credit Finance Business Act (only applicable to those who engage in such business on a full-time basis);
6. A door-to-door salesperson defined in subparagraph 2 of Article 2 of the Act on Door-to-Door Sales or a door-to-door salesperson under sponsorship defined in subparagraph 8 of that Article who regularly conducts door-to-door sales: Provided, That this shall not apply to a door-to-door salesperson or door-to-door salesperson under sponsorship who engages in such work for self-consumption and a person who falls under both subparagraph 2 and 7;
7. A door-to-door inspector of rented products as classified under the sub-sub grouping of the Korean Standard Classification of Occupations;
8. A person who mainly performs delivery services for the sale of home appliances and verifies the working conditions through the installation, trial operation, etc. thereof;
9. An instructor in charge of after-school classes operated by a school under Article 2 of the Elementary and Secondary Education Act;
10. A person who directly operates construction machinery registered pursuant to Article 3 (1) of the Construction Machinery Management Act;
11. A truck owner-operator defined in the Truck Transport Business Act who falls under any of the following:
(a) A person who transports containers for export and import or cement, with a special motor vehicle under Article 3 (1) 4 of the Motor Vehicle Management Act;
(b) A person who transports steel materials to which safe trucking costs under Article 4-7 (1) of the Enforcement Decree of the Trucking Transport Business Act apply, with a towed motor vehicle defined in the main clause of subparagraph 1 of Article 2 of the Motor Vehicle Management Act or a general-purpose truck under Article 3 of that Act;
(c) A person who transports dangerous substances under Article 29 (1) of the Framework Act on Logistics Policies with a general-purpose truck or special-purpose truck under Article 3 of the Motor Vehicle Management Act;
(d) A person who engages in transporting cargoes between logistics centers, with a general-purpose truck or special-purpose truck defined in Article 3 (1) 3 of the Motor Vehicle Management Act, entrusted with business affairs by a door-to-door delivery service provider in courier services or a transport business operator under the Trucking Transport Business Act (hereafter in this subparagraph referred to as "transport business operator");
(e) A person who transports motor vehicles defined in the Motor Vehicle Management Act with a general-purpose truck or special-purpose truck defined in Article 3 (1) 3 of that Act;
(f) A person who transports grain dust such as wheat flour, grain, or livestock feed with a special-purpose truck defined in Article 3 (1) 3 of the Motor Vehicle Management Act;
(g) A person who engages in transporting goods to logistics centers, shops, or consumers with a general-purpose truck or special-purpose truck defined in Article 3 (1) 3 of the Motor Vehicle Management Act, in the business of operating a superstore or quasi-superstore or a chain business under the Distribution Industry Development Act, under a labor contract with the business owner or a transportation business operator;
(h) A person who engages in transporting goods to logistics centers or consumers with a general-purpose truck or special-purpose truck defined in Article 3 (1) 3 of the Motor Vehicle Management Act, in the business of operating a nonstore sale business under the Distribution Industry Development Act, under a labor contact with the business owner or a transportation business operator;
(i) A person who engages in transporting food materials or foods, etc. to logistics centers or shops with a general-purpose truck or special-purpose truck defined in Article 3 (1) 3 of the Motor Vehicle Management Act, in the business of operating a restaurant or bar business (limited to business that directly runs multiple shops or a franchise business under the Fair Transactions in Franchise Business Act) as classified under the medium grouping of the Korean Standard Industrial Classification System, under a labor contract with the business owner or a transportation business operator;
(j) A person who engages in transporting food materials or foods, etc. to logistics centers or cafeterias of an institution with a general-purpose truck or special-purpose truck defined in Article 3 (1) 3 of the Motor Vehicle Management Act, in the business of operating a cafeteria business for an institution as classified under the sub-grouping of the Korean Standard Industrial Classification, under a labor contract with the business owner or a transportation business operator;
12. A person classified as a door-to-door courier under the sub-grouping of the Korean Standard Classification of Occupations and engaging in delivery affairs entrusted by a quick service provider (referring to the business of delivering parcels without collecting and transporting them): Provided, That the following persons shall be excluded herefrom:
(a) A person falling under subparagraph 3;
(b) A person who performs a delivery service with a truck defined in Article 3 (1) 3 of the Motor Vehicle Management Act;
13. A person engaging in a designated driving service entrusted by a designated driver business operator (referring to a business owner providing paid driving service to a destination at the request of a motor vehicle user);
14. A software engineer under the Software Promotion Act who provides labor in software business defined in that Act;
15. A person who has the qualifications for interpretation and guide of tourists under the proviso of Article 38 (1) of the Tourism Promotion Act and engages in guiding foreign tourists;
16. A person who drives a school bus for children under the Road Traffic Act;
17. A golf course caddy assisting golf games at a golf course installed as a workplace sports facility pursuant to Article 7 of the Installation and Utilization of Sports Facilities Act or at a golf course registered as a sports facility business pursuant to Article 19 of that Act.

(2) "Income standards prescribed by Presidential Decree" in the main clause of Article 77-6 (2) 2 of the Act means the following standards:
1. The monthly remuneration accrued under a labor contract entered into by and between a worker and a business owner (if the relevant business owner enters into a new labor contract, referring to the amount of remuneration reported under Article 19-7 (3) 2-2 of the Enforcement Decree of the Act on Employment and Industrial Accident Premium Collection; and after the report is filed, referring to the amount of remuneration paid by the business owner to the worker each month; hereinafter the same shall apply) shall be at least 800,000 won;
2. Where a worker who fails to meet the income standards under subparagraph 1 has entered into at least two labor contracts, the aggregate of monthly remuneration of which for the same period (limited to where he or she wishes to consolidate those contracts) shall be at least 800,000 won.

(3) Where a worker wishes to aggregate the amounts of monthly remuneration accrued from at least two labor contracts as prescribed in paragraph (2) 2, he or she shall file an application for aggregation with the Minister of Employment and Labor by the 15th day of the month following the month in which the date the sum of monthly remuneration under those contracts reaches at least 800,000 won falls.

(4) Where the Minister of Employment and Labor receives an application for aggregation pursuant to paragraph (3), he or she shall verify whether the relevant worker meets the income standards under paragraph (2) 2, and notify the relevant business owner (limited to where the worker meets the income standards) and the worker of the results of the verification. In such cases, the relevant business owner shall be deemed to have reported the acquisition of insured status of the worker pursuant to Article 104-12 (1) when the worker has applied for aggregation in accordance with paragraph (3).
[This Article Newly Inserted on Jun. 8, 2021]
[Previous Article 104-11 moved to Article 104-17 ]

Enforcement Ordinance

Article 104-12 (Reporting on Insured Status of Workers)

(1) A business owner who has entered into a labor contract with a worker shall report to the Minister of Employment and Labor matters relating to the acquisition and loss of his or her insured status related to the business pursuant to Article 15 of the Act, which is applied mutatis mutandis in Article 77-10 (1) of the Act by the 15th day of the month following the month in which the date such cause occurs falls (without delay, if the worker demands that the business owner file such report before the above-stated deadline).

(2) Notwithstanding paragraph (1), where a business owner who has entered into a labor contract with a worker reports the average monthly remuneration to the Korea Workers' Compensation and Welfare Service under Article 10 of the Industrial Accident Compensation Insurance Act (hereinafter referred to as the "Korea Workers' Compensation and Welfare Service") during the period of the labor contract pursuant to Article 56-6 (7) of the Enforcement Decree of the Act on Employment and Industrial Accident Premium Collection, matters regarding the acquisition and loss of the insured status of a worker relating to the relevant employing unit shall be deemed reported.

(3) Notwithstanding paragraph (1), where a business owner who has entered into a labor contract with a short-term worker submits a report confirming details of labor, including the number of days of providing labor during the contract period, amount of money received in return for labor, etc. to the Minister of Employment and Labor by the 15th day of the month following the month in which the date the relevant cause occurs falls, matters relating to the relevant short-term worker's acquisition and loss of insured status shall be deemed reported.

(4) The owner of business that has entered into a labor contract (hereinafter referred to as "owner of labor-providing business") with a worker under 15 years of age who intends to subscribe to employment insurance pursuant to the proviso of Article 77-6 (2) 3 of the Act and a labor platform operator under Article 77-7 (1) of the Act (hereinafter referred to as "labor platform operator") that has entered into such contract with such worker, shall file an application for subscription to employment insurance with the Minister of Employment and Labor, as prescribed by Ordinance of the Ministry of Employment and Labor: Provided, That a worker under 15 years of age may file an application for subscription at his or her discretion, and the Minister of Employment and Labor in receipt of the application shall notify the relevant owner of labor-providing business or the relevant labor platform operator of such fact.

(5) Where an application for subscription is filed pursuant to paragraph (4), the relevant worker under 15 years of age shall be deemed to acquire the insured status on the day following the day such application is filed: Provided, That where the relevant worker under 15 years of age is a short-term worker, he or she shall be deemed to acquire the insured status on the day he or she provides labor in accordance with a labor contract.

(6) Where a worker under 15 years of age who has subscribed to employment insurance intends to withdraw from such insurance policy, he or she shall file an application for withdrawal with the Minister of Employment and Labor, as prescribed by Ordinance of the Ministry of Employment and Labor. In such cases, the insured status shall be deemed forfeited on the day following the day such application is filed.

(7) Where a worker reports matters relating to the acquisition or loss of insured status pursuant to Article 15 (3) of the Act, which is applied mutatis mutandis in Article 77-10 (1) of the Act, he or she shall submit a labor contract and other documents evidencing the labor relationship.
[This Article Newly Inserted on Jun. 8, 2016]

Article 77-7 (Special Cases concerning Labor Platform Operators)

(1) Notwithstanding Article 15, where an owner of a labor-providing business enters into a contract for the use of a labor platform with a labor platform operator (hereinafter referred to as "labor platform operator") who establishes and operates a system that records and processes data and information related to workers and owners of labor-providing businesses by collecting and managing such data and information (hereinafter referred to as "labor platform"), a labor platform operator shall file a report on a worker's acquisition, etc. of insured status under Article 15 (1), as prescribed by Presidential Decree.

(2) The Minister of Employment and Labor may request any labor platform operator to provide the following data or information necessary for confirming the use of the relevant labor platform and insurance relationships in order to efficiently handle insurance affairs regarding workers: In such cases, a labor platform operator in receipt of a request shall comply with such request unless there is a compelling reason not to do so.
1. The commencement date or termination date of the contract for the use of a labor platform;
2. Data or information prescribed by Presidential Decree, such as the name and address of a place of business, on matters related to insurance relationships of owners of labor-providing business;
3. Data or information prescribed by Presidential Decree, such as the name, occupational category, and remuneration of a worker, related to the insured status of the worker.

(3) If necessary for the provision of the data or information requested pursuant to paragraph (2), a labor platform operator may request the relevant worker and the owner of a labor-providing business to provide the necessary data or information. In such cases, a worker and an owner of a labor-providing business in receipt of a request shall comply with such request in the absence of good cause.

(4) The Minister of Employment and Labor shall use data or information furnished by owners of labor-providing businesses pursuant to paragraph (2) only to the extent necessary for handling the relevant insurance affairs, and shall not disclose them.

(5) Every labor platform operator shall retain the information related to the reporting of insured status of a worker under paragraph (1) on the labor platform for three years from the termination of the labor contract between the relevant worker and the owner of the labor-providing business
[This Article Newly Inserted on Jan. 5, 2021]

Enforcement Ordinance

Article 104-13 (Reporting on Insured Status of Workers by Labor Platform Operators)

(1) A labor platform operator shall file a report with the Minister of Employment and Labor on matters regarding the acquisition and loss of the insured status of a worker by the 15th day of the month following the month in which the date such cause occurs falls (without delay, if the worker demands that the business owner file such report before the above-stated deadline).

(2) Notwithstanding paragraph (1), where a labor platform operator reports the average monthly remuneration to the Korea Workers' Compensation and Welfare Service pursuant to Article 56-6 (7) of the Enforcement Decree of the Act on Employment and Industrial Accident Premium Collection during the period of the relevant labor contract, matters regarding the acquisition and loss of the insured status of a worker shall be deemed reported.

(3) Notwithstanding paragraph (1), if a person for whom a labor platform operator is obligated to file a report on the matters regarding the acquisition and loss of his or her insured status is a short-term worker and if a report confirming details of labor has been filed, including the number of days during which labor is provided during the period of the labor contract entered into by and between the owner of labor-providing business and the short-term worker, the amount of money received in return for labor, etc., with the Minister of Employment and Labor by the 15th day of the month following the month in which the date the relevant cause occurs falls, a report on the matters regarding the relevant short-term worker's acquisition and loss of insured status shall be deemed to be filed.

(4) "Data or information prescribed by Presidential Decree, such as the name and address of a place of business" in Article 77-4 (2) 2 of the Act means the following data or information:
1. The name and address of a place of business;
2. The name of a business owner (in cases of a corporation, referring to its representative);
3. The business registration number of a business owner (in cases of a corporation, including the corporate registration number).

(5) "Data or information prescribed by Presidential Decree, such as the name, occupational category, and remuneration of a worker" in Article 77-7 (2) 3 of the Act means the following data or information:
1. The name and occupational category of a worker;
2. The resident registration number of a worker (in cases of a foreigner, referring to an alien registration number);
3. The commencement date or termination date of a labor contract;
4. The number of times labor is provided, and the number of days during which labor is provided;
5. The amount of monthly remuneration (in cases of a short-term worker, referring to the price for labor provision).
[This Article Newly Inserted on Dec. 31, 2021]
[Previous Article 104-13 moved to Article 104-14 ]

Enforcement Ordinance

Article 104-14 (Reporting on Change Related to Insured Workers and Requests for Confirmation)

Articles 10 (1) and 11 shall apply mutatis mutandis to reporting on the change and correction of the name and resident registration number of an insured worker, and to requests for and notice of confirmation of the acquisition or loss of insured status.
[This Article Newly Inserted on Jun. 8, 2021]
[Moved from Article 104-13; previous Article 104-14 moved to Article 104-15 ]

Article 77-8 (Job-Seeking Benefits for Insured Workers)

(1) Job-seeking benefits for a worker shall be payable if all of the following requirements are met: Provided, That subparagraph 6 shall apply only to a person who was a short-term worker at the time of the most recent job-leaving.
1. The total number of qualifying days in covered employment shall be at least 12 months during the 24 months prior to the date of job-leaving;
2. He or she shall be able and willing to work but unable to secure job (including being engaged in a for-profit business; hereafter the same shall apply in this Chapter);
3. The reasons for job-leaving shall not fall under any of the disqualifying conditions set forth in Article 58 that are applied mutatis mutandis in Article 77-10 (2): Provided, That if the head of an employment security office deems that a person has left a job due to a decrease in income prescribed by Presidential Decree as at the time of job-leaving as a worker, such person shall not be deemed to have a disqualifying condition under Article 58, notwithstanding subparagraph 2 (a) of Article 58, which shall apply mutatis mutandis pursuant to Article 77-10 (2);
4. The insured status shall be maintained for at least three months as an insured worker during the 24 months prior to the date of job-leaving;
5. The insured worker shall be actively seeking reemployment;
6. All of the following requirements shall be met:
(a) The number of days of labor provision during the one month prior to the date of applying for recognition of eligibility for benefits shall be less than 10 days, or there is no record of labor provision for 14 consecutive days prior to the date of applying for recognition of eligibility for benefits;
(b) Where the insured worker has left a job due to a reason falling under the disqualifying conditions specified in Article 58 which applies mutatis mutandis in accordance with Article 77-10 (2) during the qualifying days in covered employment in the 24 months prior to the date of the most recent job-leaving, the insured worker shall have worked as a short-term worker for at least 90 days during the qualifying days in covered employment.

(2) The qualifying days in covered employment referred to in paragraph (1) 1 shall be calculated from the date of acquiring the insured status in the business related to the eligibility for benefits as at the time of job-leaving to the date of job-leaving; and where the worker has worked as a person falling under at least two categories among employees, workers, and artists during the 24 months before job-leaving, the qualifying days in covered employment shall be prescribed by Presidential Decree.

(3) The daily wage of a worker shall be the amount obtained by dividing the total remuneration reported pursuant to Article 16-10 of the Act on the Collection of Insurance Premiums for Employment Insurance and Industrial Accident Compensation Insurance for the year preceding the date of the most recent job-leaving related to the recognition of eligibility for benefits by the total number of days of the period based on which the calculation is made: Provided, That where the daily wage of a worker (excluding a worker who is not subject to the standard remuneration pursuant to Article 3 (1) 2 of the Act on the Collection of Insurance Premiums for Employment Insurance and Industrial Accident Compensation Insurance) is less than the worker's daily standard remuneration under Article 3 of that Act at the time of the job-leaving, the daily standard remuneration shall be the daily wage.

(4) Notwithstanding paragraph (3), the daily wage of a worker subject to the proviso of Article 48-3 (3) of the Act on the Collection of Insurance Premiums for Employment shall be the amount publicly notified by the Minister of Employment and Labor.

(5) The daily amount of job-seeking benefits of a worker shall be the amount calculated by multiplying the daily wage under paragraph (3) by 60/100. In such cases, the maximum amount of job-seeking benefits shall be the amount prescribed by Presidential Decree in consideration of the maximum amount of job-seeking benefits, etc. of the insured employee.

(6) A worker shall not be paid job-seeking benefits for seven days regarded as a waiting period beginning from the date of reporting of unemployment under Article 42: Provided, That if any of the following reasons apply, a period of up to four weeks prescribed by Presidential Decree for each reason under the subparagraphs shall be considered the waiting period and the job-seeking benefits shall not be paid, and if at least two of the following reasons apply, the longest waiting period shall be considered as the waiting period:
1. Where the job-leaving is due to the reasons under paragraph (1) 3;
2. Where an application for recognition of eligibility for benefits has been filed pursuant to Article 43-2 (1) and the reason for the job-leaving related to the last-lost insured status falls under the proviso of paragraph (2) of that Article.

(7) The insured period for calculating the prescribed number of days of benefits of a worker shall be the qualifying days in covered employment referred to in paragraph (2): Provided, That the insured period of a short-term worker shall be the period calculated, as prescribed by Presidential Decree, based on such considerations as the number of days of labor provision during the relevant contract period.

(8) Notwithstanding Article 47, the head of an employment security office shall, if job-seeking benefits are paid to an insured worker, reduce some or all of the benefits for the income accrued from employment, etc. during the period subject to recognition of unemployment, based on such considerations as the income level and the period of activities for labor, as prescribed by Presidential Decree.
[This Article Newly Inserted on Jan. 5, 2021]

Enforcement Ordinance

Article 104-15 (Insured Workers' Eligibility Requirements for Job-Seeking Benefits)

(1) "Decrease in income as prescribed by Presidential Decree" in the proviso of Article 77-8 (1) 3 of the Act means any of the following decreases in income: Provided, That in cases of a social or economic crisis such as a disaster prescribed in the Framework Act on the Management of Disasters and Safety, the Minister of Employment and Labor may otherwise determine the timing of comparing the decreases in income under subparagraphs 1 and 2 and may publicly notify such timing:
1. The income accrued from the labor contract in force at the time of leaving (hereinafter referred to as "final contract"; hereafter in this paragraph the same shall apply) during three months immediately preceding the month in which the date of leaving falls has decreased at least 30/100 from the income accrued from the final contract during the same period of the preceding year (where there is no final contract, referring to the income accrued from another labor contract in force during the same period of the preceding year);
2. Where all of the following income decreases occur:
(a) The monthly average amount of remuneration accrued from the final contract during three months immediately preceding the month in which the date of leaving falls is smaller than the monthly average amount of remuneration accrued from the final contract (where there is no final contract, referring to the monthly average amount of remuneration accrued from another labor contract in force during the preceding year (limited to those with a contract period of at least one month); hereafter in item (b) referred to as "monthly average amount in the preceding year") during the preceding year in which the date of leaving falls;
(b) The amount of monthly remuneration accrued from the final contract during the 12 months immediately preceding the month in which the date of leaving falls shall be less than at least 30/100 of the monthly average amount in the preceding year for at least five months.

(2) Where a worker has engaged in at least two of three jobs, which are employee, artist, and worker for 24 months prior to the date of leaving, his or her qualifying days in covered employment under Article 77-8 (2) of the Act shall be deemed to meet the requirements for the number of qualifying days in covered employment under paragraph (1) 1 of that Article, if the following formula are met.
1 - the number of qualifying days in covered employment as a worker (calculated on a monthly basis) ÷ 12 months ≤ the number of qualifying days in covered employment as an employee (calculated on a daily basis) ÷ 180 days + the number of qualifying days in covered employment as an artist (calculated on a monthly basis) ÷ 9 months

(3) Where a worker under paragraph (2) falls under the following, the calculation formula under paragraph (2) shall be employed:
1. Where the worker is insured concurrently as an employee, artist, and worker during the base period under Article 40 (2) 1 of the Act, which is applied mutatis mutandis in Article 77-10 (2) of the Act: To be included only in the number of qualifying days in covered employment as a worker;
2. Where the worker is insured concurrently as a worker and artist during the base period under Article 40 (2) 1 of the Act, which is applied mutatis mutandis in Article 77-10 (2) of the Act: To be included only in the number of qualifying days in covered employment favorable to the insured worker during the qualifying days in covered employment as an employee or artist.

(4) "Amount prescribed by Presidential Decree" in Article 77-8 (5) of the Act means 66,000 won.

(5) “Period prescribed by Presidential Decree” in the proviso of Article 77-8 (6) of the Act means the periods classified as follows:
1. Where a decrease in income under paragraph (1) 1 or 2 occurs by at least 30/100 but less than 50/100: Four weeks;
2. Where a decrease in income under paragraph (1) 1 or 2 occurs by at least 50/100 or falls under Article 77-8 (6) 2 of the Act: Two weeks.

(6) The insured period of a short-term worker under the proviso of Article 77-8 (7) of the Act shall be calculated according to the following classification:
1. Where the number of days during which labor is provided in the relevant month is at least 11 days: To be calculated as one month;
2. Where the number of days during which labor is provided in the relevant month does not exceed 10 days: The period shall be calculated by dividing the sum of the numbers of days during which labor is provided each month by 22.

(7) Where income accrues during the period subject to recognition of unemployment, due to employment, etc. job-seeking benefits shall be paid after deducting the relevant amount according to Article 77-8 (8) of the Act and the following classification:
1. Where an insured worker is deemed to have obtained employment, etc. as he or she falls under the items of Article 104-8 (7) 1: An aggregate amount calculated by multiplying the number of working days, the number of days during which labor is provided, or the number of business days by the daily job-seeking benefits corresponding thereto;
2. In cases other than those falling under subparagraph 1, where the average daily income accrued during the period subject to recognition of unemployment exceeds the amount publicly notified by the Minister of Employment and Labor: Sum of the average daily income accrued during the relevant period subject to recognition of unemployment minus the amount calculated according to the public notice of the Minister of Employment and Labor.

(8) The following provisions shall apply mutatis mutandis to insured workers' job-seeking benefits:
1. Articles 58, 58-2, 58-3, 59, 60, 61, 62, 62-2, 63, 64 (excluding subparagraph 3), 65 through 67, 69 through 71, 75, 76, 79, 80, 80-2, 81, and 82 with regard to job application, recognition of entitlement to benefits, reporting on employment, benefit period, and payment of job-seeking benefits;
2. Articles 69, 75 through 80, 80-2, and 81 with respect to sickness benefits. In such cases, "application for recognition of unemployment" in Article 69 shall be construed as "written claim for sickness benefits"; and "job-seeking benefits" in Articles 75 through 80, 80-2, and 81 as "sickness benefits";
3. Article 75 with respect to the procedure for the payment of job-seeking benefits to a claimant for benefits payable. In such cases, the "competent employment security office having jurisdiction over the place of application" shall be construed as "competent employment security office having jurisdiction over the application of application of the deceased eligible recipient", and "eligible recipient" as "claimant for benefits payable".
[This Article Newly Inserted on Jun. 8, 2021]
[Moved from Article 104-14; previous Article 104-15 moved to Article 104-16 ]

Article 77-9 (Maternity Benefits of Workers)

(1) Where a currently or formerly insured worker is unable to provide labor for reasons of childbirth, miscarriage, or stillbirth, the Minister of Employment and Labor shall pay maternity benefits, etc.: Provided, That where the requirements for the payment of maternity leave benefits, etc. under Article 75 and maternity benefits, etc. under Article 77-4 (1) are met simultaneously for the same child, etc., they shall be paid as prescribed by Presidential Decree.

(2) The requirements, amount, period of payment, etc. of maternity benefits, etc. prescribed in paragraph (1) shall be prescribed by Presidential Decree.

(3) Matters necessary to apply for and to pay maternity benefits, etc. referred to in paragraphs (1) and (2) shall be prescribed by Ordinance of the Ministry of Employment and Labor.
[This Article Newly Inserted on Jan. 5, 2021]
[Title Amended on Jun. 10, 2022]

Enforcement Ordinance

Article 104-16 (Requirements for Payment of Maternity Benefits to Workers)

(1) Pursuant to Article 77-9 (2) of the Act, the Minister of Employment and Labor shall pay maternity benefits, etc., to a currently or formerly insured worker, if he or she meets all of the following requirements:
1. Such worker shall meet the requirements classified as follows:
(a) A worker who is insured as of the date of childbirth, miscarriage, or stillbirth: The number of qualifying days in covered employment as a worker shall be at least three months in total, prior to the date of childbirth, miscarriage, or stillbirth;
(b) A worker who is not insured as of the date of childbirth, miscarriage, or stillbirth: The number of qualifying days in covered employment as a worker shall be at least three months in total, for the 18-month period prior to the date of childbirth, miscarriage, or stillbirth;
2. Labor shall not be provided during the period of payment of maternity benefits, etc. under paragraph (2): Provided, That where the amount of income accrued from labor or self-employment during the payment period is less than the amount determined and publicly notified by the Minister of Employment and Labor, labor shall be deemed not to be provided;
3. The insured worker shall apply for maternity benefits, etc. within 12 months from the date of childbirth, miscarriage, or stillbirth: Provided, That if he or she is unable to file an application by the deadline due to any of the following reasons, he or she shall file an application within 30 days from the date such grounds cease to exist:
(a) A natural disaster;
(b) Injury or disease suffered by the recipient, his or her spouse, or lineal ascendants or descendants of the recipient or his or her spouse;
(c) Detention on account of a crime or execution of a sentence.

(2) Article 104-9 (2) shall apply to the period of payment of maternity benefits, etc. In such cases, "artist" shall be construed as "worker".

(3) Maternity benefits, etc. shall be the amount calculated for the period classified in the subparagraphs of Article 104-9 (2) based on the amount equivalent to the monthly average remuneration for one year (or 18 months for an artist who is not insured as of the date of childbirth, miscarriage, or stillbirth) retrospectively from the date of childbirth, miscarriage, or stillbirth, and the maximum and minimum amounts of such benefits shall be determined and publicly notified by the Minister of Employment and Labor in consideration of the following matters:
1. Maximum and minimum amounts of maternity leave benefits, etc. prescribed in Article 101 of the Act;
2. Level of monthly average remuneration for an insured worker;
3. Inflation rate;
4. Other matters deemed necessary for calculating maternity benefits, etc. by the Minister of Employment and Labor.

(4) Notwithstanding paragraph (3), if a currently or formerly insured worker has received the following amounts due to childbirth, miscarriage, or stillbirth pursuant to the proviso of Article 77-9 (1) of the Act, he or she shall be paid maternity benefits, etc. on the same grounds excluding the amount already paid:
1. Maternity leave benefits, etc. received as an employee under Article 75 of the Act;
2. Money and valuables received from the relevant business owner as an employee under Article 73 (3) of the Act, which is applied mutatis mutandis in Article 77 (1) of the Act, during the period of payment of maternity leave benefits, etc. under Article 76 of the Act;
3. Maternity benefits, etc. received as an artist pursuant to Article 77-4 (1) of the Act;
4. Money and valuables received from the relevant business owner as an artist during the period of payment of maternity benefits, etc., under Article 104-9 (2);
5. Money and valuables received from the relevant business owner as a worker during the period of payment of maternity benefits, etc., under paragraph (2).

(5) Article 81 shall apply mutatis mutandis to orders to return maternity benefits, etc., paid under subparagraph 1, additional collection, and appropriation for an amount to be returned or additional amount to be collected. In such cases, "job-seeking benefits" shall be construed as "maternity benefits, etc.".
[This Article Newly Inserted on Jun. 8, 2021]
[Title Amended on Dec. 6, 2022]
[Moved from Article 104-15; previous Article 104-16 moved to Article 104-17 ]

Enforcement Ordinance

Article 104-17 (Review of Confirmation of Workers' Insured Status)

The following provisions shall apply mutatis mutandis to the review of confirmation of workers' insured status and their job-seeking benefits and maternity benefits, etc., the Board of Review, and further Review:
1. Articles 121 through 129 with respect to review;
2. The following provisions with respect to the Board of Review and further review:
(a) Articles 123, 124, and 126 through 128 with respect to applications for challenge filed by members of the Board of Review and revision of request for further review; in such cases, "examiner" in Article 123 shall be construed as "member of the Board of Review"; "Minister of Employment and Labor" as "chairperson of the Board of Review"; "applicant for review" in Articles 124 and 128 as "applicant for further review"; "examiner" in Articles 124, 126, and 128 as "chairperson of the Board of Review"; and "request for review" in Articles 126 through 128 as "request for further review".
(b) Articles 130 through 141 shall apply to the members and operation of the Board of Review and other matters.
[This Article Newly Inserted on Jun. 8, 2021]
[Moved from Article 104-16; previous Article 104-17 moved to Article 104-18 ]

Article 77-10 (Application Mutatis Mutandis)

(1) Articles 13 (1), 14 (1), 15, and 17 shall apply mutatis mutandis to the insured status of a worker. In such cases, "employee" shall be construed as "worker", "date of employment" as "start date of the labor contract", and "employee who was employed" as "worker whose labor contract has been commenced".

(2) Articles 37-2, 38, 38-2, 40 (2) 1, 41 (2), 42, 43, 43-2, 44, 47, 48, 50, 56 through 58, and 60 through 63 shall apply mutatis mutandis to job-seeking benefits for workers. In such cases, "18 months before the date of job-leaving" in Article 40 (2) 1 shall be construed as "24 months before the date of job-leaving", "Article 46" in the main clause of Article 63 (1) as "Article 77-3 (4) and (5)", and "Articles 47 and 49" in the former part of paragraph (5) of that Article as "Article 47".

(3) Articles 62 and 73 (4) shall apply mutatis mutandis to return orders, limitations on payment, etc. with respect to maternity leave benefits, etc. for workers. In such cases, "job-seeking benefits" in Article 62 shall be construed as "maternity benefits, etc.", "child care leave benefits" in Article 73 (4) as "maternity benefits, etc.", and "child care leave" as "maternity, or miscarriage or stillbirth", "eligibility for child care leave benefits" as "eligibility for payment of maternity benefits, etc." respectively.

(4) Articles 87 through 98, 99 (excluding paragraph (2)), and 100 through 112 shall apply mutatis mutandis to a worker’s request for the confirmation of insured status, and for review and further review of job-seeking benefits and maternity benefits, etc. In such cases, "unemployment benefits prescribed in Chapter IV or ... child care leave benefits and maternity leave benefits, etc. prescribed in Chapter V" and "unemployment benefits under Chapter IV and ... child care leave benefits and maternity leave benefits, etc. under Chapter V" shall each be construed as "job-seeking benefits and maternity benefits, etc. under Chapter V-3", "unemployment benefits" each as "job-seeking benefits", "workplace" each as "workplace and office of a person required to report acquisition of insured status", "business owner" each as "business owner and a person required to report insured status", "employee" each as "worker", "child care leave benefits, etc." as "maternity benefits, etc.", "Chapter IV" as "Chapter V-3", "child care leave benefits, benefits for reduced working hours during the period of child care, and maternity leave benefits, etc. under Chapter V" as "maternity benefits, etc. under Chapter V-3", and "unemployment benefits, child care leave benefits, and maternity leave benefits, etc." as "job-seeking benefits and maternity benefits, etc."
[This Article Newly Inserted on Jan 5, 2021]

CHAPTER Ⅵ Employment Insurance Fund

Article 78 (Establishment of Fund and Fund-Raising)

(1) The Minister of Employment and Labor shall establish the Employment Insurance Fund (hereinafter referred to as the "Fund") to finance insurance programs.

(2) The Fund shall consist of insurance premiums and payments collected under this Act, reserve funds and the Fund’s earnings, and other money received from any other source.

Article 79 (Management and Operation of Fund)

(1) The Minister of Employment and Labor is responsible for the management and operation of the Fund.

(2) The National Finance Act shall govern the detailed matters concerning the management and operation of the Fund.

(3) The Minister of Employment and Labor shall manage and operate the Fund as follows:
1. Deposits with financial institutions;
2. Deposits in treasury funds;
3. Purchase of securities issued or guaranteed by the State, a local government, or a financial institution;
4. Acquisition and disposition of real property in relation to the operation of the insurance programs or for investment;
5. Other means of investment prescribed by Presidential Decree.

(4) The Minister of Employment and Labor who is responsible for the management and operation of the Fund under paragraph (1) shall ensure that the Fund’s earnings shall reach or exceed the level prescribed by Presidential Decree.

Enforcement Ordinance

Article 104-18 (Special Members in Charge of Fund Management and Operation)

(1) The Minister of Employment and Labor may hire special members in charge of asset management in order to manage and operate the Fund in a systematic and stable manner under Article 79 of the Act.

(2) Matters concerning qualifications of special members in charge of asset management, their services, remuneration, etc. shall be determined by the Minister of Employment and Labor.
[This Article Newly Inserted on Mar. 12, 2009]
[Moved from Article 104-17 ]

Enforcement Ordinance

Article 105 (Management Business of Funds)

(1) "Other means of investment prescribed by Presidential Decree" in Article 79 (3) 5 of the Act means purchasing securities prescribed in Article 4 of the Financial Investment Services and Capital Markets Act.

(2) "Level prescribed by Presidential Decree" in Article 79 (4) of the Act means the rate of return prescribed by the Minister of Employment and Labor, considering the interest rate for a one-year term deposit (referring to the interest rate applied by national banks among the banks established under the Banking Act) or the forecast inflation rate.

Enforcement Ordinance

Article 106 (Fund Accounting)

Fund accounting shall be carried out, as prescribed in Article 11 of the National Accounting Act.

Article 80 (Use of Fund)

(1) The Fund shall be used for the following purposes:
1. Payment of expenses for the employment security and vocational skills development programs;
2. Payment of unemployment benefits;
2-2. Support for national pension insurance premiums under Article 55-2;
3. Payment of child care leave benefits and maternity leave benefits, etc.;
4. Refund of insurance premiums;
5. Repayment of temporary loans and interest payment;
6. Payment of contributions to persons who perform by proxy the business activities prescribed in this Act and the Act on the Collection of Insurance Premiums for Employment Insurance and Industrial Accident Compensation Insurance or who are entrusted with such business activities;
7. Payment of other expenses prescribed by Presidential Decree that are necessary for the implementation of this Act and any expenses incidental to the operation of the programs prescribed in subparagraphs 1 and 2.

(2) The amount contributed to the National Health Insurance Service under Article 13 of the National Health Insurance Act from the Fund pursuant to paragraph (1) 6 shall be calculated on the basis of the proportion, etc. occupied by the duties of collection (referring to the duties regarding notification, receipt, and default).

(3) Matters necessary for the criteria for payment of contributions prescribed in paragraph (1) 6 and the use and management thereof shall be prescribed by Presidential Decree.

Enforcement Ordinance

Article 107 (Use of Fund)

(1) "Expenses prescribed by Presidential Decree" in Article 80 (1) 7 of the Act means the following expenses:
1. Expenses incurred in the management and operation of the insurance service;
2. Expenses incurred in the management and operation of the Fund;
3. Grants to agencies for vicarious execution of administrative affairs of insurance business prescribed in Article 33 of the Act on Employment and Industrial Accident Premium Collection;
4. Payment of fees for the entrustment of projects or business affairs prescribed in the Act and the Act on Employment and Industrial Accident Premium Collection.

(2) With regard to contributions prescribed in Article 80 (1) 6 of the Act, where an eligible recipient of contribution to be paid on a monthly basis applies for the amount of contribution to be expended the following month, the requested amount shall be reviewed by the Minister of Employment and Labor, and reasonable amount shall be paid to the person.

(3) A recipient (hereafter in this Article referred to as "contributee") of contributions prescribed in Article 80 (1) 6 of the Act shall open separate accounts to manage the contribution, and any interest income accrued from the account shall be returned to the Minister of Employment and Labor: Provided, That a contributee may, where the contributee has obtained approval from the Minister of Employment and Labor, use the contributions in business the contributee performs by proxy or is entrusted to perform (hereafter in this Article referred to as "business for purpose of contributions").

(4) Contributions which remain without being used for business for purpose of contributions within an insurance year shall be returned to the Minister of Employment and Labor unless otherwise provided in other statutes: Provided, That where a contributee has obtained approval from the Minister of Employment and Labor, he or she may carry forward such contribution to the following year to be used for business for purpose of contributions.

(5) Where a contributee has used contributions for any purpose other than the intended purpose of contribution, the Minister of Employment and Labor may request the contributee to return the corresponding amount.

(6) A contributee shall report to the Minister of Employment and Labor the results of execution of contributions for the quarter by the 10th of the month following each quarter.
[This Article Wholly Amended on Sep. 18, 2008]

Enforcement Ordinance

Article 108 (Entrustment of Disbursement of Fund)

The Minister of Employment and Labor may execute business related to the payment of grants and subsidies from the fund, provision of loans, payment of training expenses and training allowances, or payment of unemployment benefits by entrusting the business to any of the following institutions or a postal agency:[Amended by Presidential Decree No. 22269, Jul. 12, 2010, Presidential Decree No. 22493, Nov. 15, 2010 and Presidential Decree No. 23496, Jan. 6, 2012]
1. Banks approved under Article 8 of the Banking Act;
2. Nonghyup Bank under the Agricultural Cooperatives Act;
3. The National Federation of Fishery Cooperatives under the Fishery Cooperatives Act;
4. Mutual savings banks under the Mutual Savings Bank Act;
5. Community credit cooperatives under the Community Credit Cooperatives Act;and
6. Credit cooperatives under the Credit Cooperatives Act
[This Article Wholly Amended by Presidential Decree No. 20775, Apr. 30, 2008]

Article 81 (Fund Operation Plan)

(1) The Minister of Employment and Labor shall prepare a fund operation plan each year and obtain approval therefor from the President, following deliberation by the Employment Insurance Committee and the State Council pursuant to Article 7.

(2) The Minister of Employment and Labor shall publish the results of the operation of the Fund each year following deliberation by the Employment Insurance Committee prescribed in Article 7.

Enforcement Ordinance

Article 109 (Fund Operation Plan)

The fund operation plan prescribed in Article 81 (1) of the Act shall contain the following:
1. Revenue and expenditure of the Fund;
2. Business plan, the plan for acts incurring expenditure, and the financial operating plan for the pertinent year;
3. Disposition of carryover from the previous year;
4. Reserves;
5. Other matters necessary for the operation of the Fund.

Enforcement Ordinance

Article 110 (Public Disclosure of Outcomes of Fund Operation)

The Minister of Employment and Labor shall, pursuant to Article 81 (2) of the Act, publish the results of the operation of the Fund each year in one or more daily newspapers specializing in economy whose head office is in the Seoul Metropolitan City area, the Official Gazette, on the Ministry's website, or in a broadcast.
[Title Amended on Nov. 24, 2020]

Article 82 (Establishment of Fund Accounts)


(1) The Minister of Employment and Labor shall establish the accounts of the Employment Insurance Fund with the Bank of Korea.

(2) The accounts of the Employment Insurance Fund prescribed in paragraph (1) shall be managed in separate accounts for employment security, vocational skills development programs and unemployment benefits and for employment security, vocational skills development programs and unemployment benefits for self-employed persons.

Enforcement Ordinance

Article 111 (Fund Accounting Organization)

(1) The Minister of Employment and Labor shall appoint a fund revenue collection officer, a fund treasurer, a fund disbursement officer, and a fund cashier from among public officials under his or her jurisdiction in order to assign them to carry out administrative affairs relating to the revenue and expenditure of the Fund.

(2) A fund revenue collector and fund treasurer shall be responsible for affairs relating to contracts for the management and operation of the Fund, revenue-earning activities and expenditure-incurring activities, and the collection of and determination of the fund revenue, while the fund disbursement officer and the fund cashier shall be responsible for the affairs relating to the receipt and disbursement arising from the management and operation of the Fund.

(3) The Minister of Employment and Labor shall, when he or she appoints a fund revenue collection officer, fund treasurer, fund disbursement officer, or fund cashier, inform the Chairperson of the Board of Audit and Inspection and the Governor of the Bank of Korea of his or her appointment.

Enforcement Ordinance

Article 112 (Designation of Transaction Banks)

The fund disbursement officer shall designate the Bank of Korea (including its head office, branch offices, liaison offices, and national treasury agencies; the same shall apply hereinafter) located in the relevant jurisdiction, or the nearest Bank of Korea if the Bank of Korea is not in a certain area, as the transaction bank for the checks he or she issues.

Enforcement Ordinance

Article 113 (Procedure for Receipt of Fund Revenues)

(1) The fund revenue collection officer shall, when he or she collects revenues from the Fund, inform the obligor to deposit it in the fund account in the Bank of Korea: Provided, That this shall not apply where a business owner makes payment in person by the payment deadline.

(2) The Bank of Korea shall, upon receipt of revenues from the Fund, issue a receipt to the payer, and shall dispatch a notice of receipt to the fund revenue collection officer forthwith.

(3) The Bank of Korea shall accumulate the revenue received from the Fund pursuant to paragraph (2) into the fund account opened at the head office of the Bank of Korea in accordance with the procedure for handling the national treasury.

Enforcement Ordinance

Article 114 (Procedures for Disbursement of Fund)

(1) When the fund treasurer performs an act of incurring expenditure, he or she shall forward the documents concerning such act of incurring the expenditure to the fund disbursement officer.

(2) When the fund disbursement officer performs an act of incurring expenditure and disburses an amount from the Fund, he or she shall, as determined by the creditor or by statutes, instruct the Bank of Korea to disburse it in a way that transfers it to the deposit account that the person carries out the entrusted administrative affairs related to the payment of the national treasury has in a financial institution.

(3) The fund treasurer may carry over the amount that he or she could not disburse during the pertinent fiscal year due to any unavoidable cause or event after performing an act of incurring expenditure to disburse it during the following year.

Enforcement Ordinance

Article 115 (Prohibition on Handling Cash)

Neither the disbursement officer nor the fund cashier may retain, disburse, or receive any amount in cash: Provided, That the foregoing shall not apply to the cases under Articles 22 (4) and 24 of the Management of the National Funds Act.

Enforcement Ordinance

Article 116 (Assignment of Amount Limit to Fund Disbursement-causing Actions)

(1) The Minister of Employment and Labor shall allocate the maximum amount of an act of incurring expenditure for each quarter to each fund treasurer within the scope of a plan for an act of incurring expenditure for each quarter prescribed in subparagraph 2 of Article 109.

(2) The Minister of Employment and Labor shall, within the scope of a monthly financial operation plan prescribed in subparagraph 2 of Article 109, allocate funds to each fund disbursement officer in accordance with the detailed monthly financial operating plan prepared pursuant to Article 49 (2) of the Enforcement Decree of the Management of the National Funds Act.

Enforcement Ordinance

Article 117 (Reporting on Current Status of Fund Operation)

(1) A fund revenue collection officer shall prepare and submit a report on fund amount collected, a fund treasurer shall do so on the amount accrued by an act of incurring expenditure of the Fund, and a fund disbursement officer shall do so on the amount of expenditure of the Fund as of the end of each month to the Minister of Employment and Labor on or before the 20th day of the following month.

(2) Matters concerning filing necessary reports necessary for the operation and management of the Fund, in addition to reporting under paragraph (1), shall be determined by the Minister of Employment and Labor.

Enforcement Ordinance

Article 118 (Reporting on Settlement of Accounts of Fund)

The Minister of Employment and Labor shall prepare the following documents in relation to the settlement of the Fund for each fiscal year, and shall forward it to the Minister of Economy and Finance on or before the end of February of the following fiscal year, subject to prior review by the Committee:
1. Documents concerning the overview and analysis of the settlement of accounts of the Fund;
2. Financial statements including the statement of financial position, statement of operations and changes in net position, and the statement of changes in net assets;
3. Spreadsheet for comparing the Fund operation plan and the actual Fund performance;
4. Statements of revenue and expenditure;
5. Other documents necessary for clearly explaining the details of the account settlement.

Enforcement Ordinance

Article 119 (Receipt and Disbursement of Reserves)

Matters necessary for the receipt and disbursement of reserves and surplus of the Fund referred to in Article 84 of the Act shall be prescribed by Ordinance of the Ministry of Employment and Labor.

Enforcement Ordinance

Article 120 (Application Mutatis Mutandis of the National Finance Act and the Management of the National Funds Act)

Except as provided in the Act and this Decree, the National Finance Act and the Management of the National Funds Act shall apply to the operation and management of the Fund.
[Title Amended on Jun. 8, 2021]

Article 85 (Treatment of Surplus and Loss)

(1) Any year-end surplus arising in the Fund shall be transferred to the reserve funds.

(2) Any year-end deficit arising in the Fund may be covered by the reserve funds.

Article 86 (Borrowings)

The Fund may borrow money from another fund, a financial institution, or any other source if there is, or is expected to be, a shortage of funds to meet the expenditures of the Fund.

Article 113-2 (Special Cases concerning Recipients Prescribed in the National Basic Living Security Act)

(1) Notwithstanding Article 8, business of providing an opportunity to work for self-support pursuant to Article 15 (1) 4 of the National Basic Living Security Act shall be construed as the business prescribed in this Act. In such cases, a recipient prescribed in subparagraph 2 of Article 2 of the National Basic Living Security Act who participates and engages in paid work for the aforementioned business shall be construed as the employee under this Act, and the guarantee institutions prescribed in subparagraph 4 of Article 2 of that Act (in cases of entrusting business pursuant to Article 15 (2) of that Act, referring to the entrusting institution) shall be construed as the business owner under this Act.

(2) Where a recipient prescribed in the latter part of paragraph (1) falls under any of the persons eligible for assistance under Article 8 (2) of the National Basic Living Security Act, only Chapter III shall apply to the recipient.

(3) Notwithstanding Article 18, where a recipient to whom only Chapter III applies pursuant to paragraph (2) is employed by another covered employing unit, he or she may acquire an insured status as an employee of the other business.

(4) The self-support benefits received by a recipient after he or she participated in the business pursuant to paragraph (1) shall be deemed the remuneration to be used as basis for computation of the qualifying days in covered employment used as basis for computation of Article 41 and as the remuneration to be used as basis for the daily wage under Article 45.
[This Article Newly Inserted on Jul. 21, 2011]

Article 83 (Fund Revenues and Expenditures)

In managing and operating the Fund, necessary matters for its revenues and expenditures shall be prescribed by Presidential Decree.

Article 84 (Accumulation of Fund)

(1) The Minister of Employment and Labor shall maintain accumulated surplus funds as a reserve fund in preparation for mass unemployment and other precarious job conditions.

(2) The appropriate level of the reserve fund prescribed in paragraph (1) shall be as follows:
1. Year-end reserve fund of the business account of job security and vocational skills development programs: An amount not less than the expenditures for the relevant year but not more than 1.5 times that amount;
2. Year-end reserve fund of the unemployment benefit account: An amount not less than 1.5 times the expenditures for the relevant year but not more than 2 times that amount.
[This Article Wholly Amended on Dec. 31, 2008]

CHAPTER Ⅶ Request for Review and Further Review

Article 87 (Review and Further Review)

(1) A person who is dissatisfied with a notice of confirmation of the loss or acquisition of insured status prescribed in Article 17 or a disposition regarding unemployment benefits prescribed in Chapter IV or regarding child care leave benefits and maternity leave benefits, etc. prescribed in Chapter V (hereinafter referred to as "initial disposition") may file a request for review by an examiner prescribed in Article 89, and a person who is dissatisfied with the decision of an examiner may file a request for further review by the Board of Review prescribed in Article 99.

(2) A request for review prescribed in paragraph (1) shall be filed within 90 days from the date the applicant becomes aware of a notice of confirmation or a disposition prescribed in paragraph (1), and a request for further review shall be filed within 90 days from the date the applicant becomes aware that a decision has been made with respect to the applicant's request for review.

(3) As far as interruption of prescription is concerned, a request for review or further review prescribed in paragraph (1) shall be subject to the same rules applicable to judicial review.

Article 88 (Designation of Agent)

An applicant for review or further review may designate any of the following persons as his or her agent in addition to a legal representative:
1. The spouse, a lineal ancestor or descendant, or a sibling of the applicant;
2. An executive officer or employee, if the applicant is a corporation;
3. An attorney-at-law or certified labor consultant;
4. Any other person who has been permitted by the Board or Review prescribed in Article 99 to represent the applicant.

Article 89 (Employment Insurance Examiner)

(1) Employment insurance examiners (hereinafter referred to as "examiner") shall be appointed to conduct reviews under Article 87.

(2) Upon receipt of a request for review under Article 87 (1), an examiner assigned to review the case shall make a decision within 30 days: Provided, That if an examiner fails to make a decision within that time frame due to unavoidable circumstances, a one-time extension of up to 10 additional days may be granted.

(3) Matters necessary for the number, qualifications, placement, and duties of examiners shall be prescribed by Presidential Decree.

(4) A party who has good reason not to expect a fair review and decision from the assigned examiner may file an application for challenge to the examiner with the Minister of Employment and Labor.

(5) Upon the death of an applicant for review, the review process shall be pursued by a surviving family member, as prescribed in Article 57, if the deceased applicant was eligible to receive unemployment benefits or, if not, by the deceased applicant's heir or any other person who succeeds to any right or interest in relation to the initial disposition appealed from.

Enforcement Ordinance

Article 121 (Qualifications of Examiners)

An employment insurance examiner prescribed in Article 89 of the Act (hereinafter referred to as "examiner") shall be appointed from among any of the following public officials under the control of the Ministry of Employment and Labor:
1. A public official of Grade V or higher in general service or a public official in general service belonging to the Senior Executive Service among public officials under the control of the Ministry of Employment and Labor, who has engaged in services relating to requests for review or further review of insurance for one year or longer;
2. A public official of Grade V or higher in general service or a member in general service of the Senior Executive Service among public officials under the control of the Ministry of Employment and Labor, who has engaged in the insurance service for two years or longer;
3. Any other person recognized by the Minister of Employment and Labor as qualified as those prescribed in subparagraph 1 or 2.

Enforcement Ordinance

Article 122 (Assignment and Duties of Examiners)

(1) An examiner shall be assigned to the Ministry of Employment and Labor.

(2) An examiner shall be responsible for work relating to review designated by the Minister of Employment and Labor and case studies of request for review.

Enforcement Ordinance

Article 123 (Method of Applications for Challenge)

(1) The application for challenge against an examiner prescribed in Article 89 (4) of the Act shall be filed in writing, specifically stating the grounds for the challenge.

(2) The Minister of Employment and Labor shall, upon receipt of an application for challenge filed as prescribed in paragraph (1), make a decision on the application within 15 days and shall give notice of his or her decision to the applicant.

Enforcement Ordinance

Article 124 (Reporting on Succession to Status of Petitioner)

A person who succeeds to the status of an applicant for review, as prescribed in Article 89 (5) of the Act shall report such fact to the competent examiner in writing, along with a document proving such succession.

Article 90 (Filing of Request for Review)

(1) Where a request for review under Article 87 (1) is filed, a request for the verification of attainment or loss of insured status under Article 17 shall be made to an examiner via the Korea Workers' Compensation and Welfare Service under Article 10 of the Industrial Accident Compensation Insurance Act (hereinafter referred to as the "Workers' Compensation and Welfare Service"), and a request for review of administrative measures on unemployment benefits under Chapter IV and on child care leave benefits and maternity leave benefits, etc. under Chapter V to an examiner via the head of an employment security office.

(2) The employment security office or the Workers' Compensation and Welfare Service shall prepare a written opinion and send such opinion, along with a request for review, to the assigned examiner within five days of receipt of a request for review.

Article 91 (Mode of Request)

All requests for review shall be presented in writing, as prescribed by Presidential Decree.

Enforcement Ordinance

Article 125 (Method of Requests for Review)

(1) The document requesting review prescribed in Article 91 of the Act shall contain the following information:
1. Name and address of the petitioner;
2. Name of the disposition agency as the respondent;
3. Details of the disposition subject to the request for review;
4. Date on which the disposition is known to the petitioner;
5. Whether there has been a notice concerning the request for review in relation to the disposition agency as the respondent and the contents of such notice, if any;
6. Purport of and reasons for the request for review;
7. Date of the request for review.

(2) Where a request for review is made by the representative applicant appointed by petitioners or an agent, the name and address of the representative applicant or the agent shall be described in addition to the details prescribed in paragraph (1), and the qualifications for the appointed representative applicant or the agent shall be vindicated in writing.

(3) Each petitioner or his or her agent shall write his or her name and affix his or her seal on the document prescribed in paragraph (1).

Article 92 (Rectification and Dismissal without Prejudice)

(1) An examiner shall issue a decision dismissing a request for review without prejudice if it has not been filed within the period prescribed in Article 87 (2) or if the manner in which it has been presented fails to comply with statutory requirements and rectification is impossible.

(2) If a request for review is noncompliant with statutory requirements but can be rectified, an examiner may order the applicant for review to submit a revised request for review within a set period of time: Provided, That if the required rectification is minor, an examiner may make rectification ex officio.

(3) If an applicant for review fails to submit a revised request for review within a period of time set under paragraph (2), an examiner shall dismiss the applicant's request for review without prejudice.

Enforcement Ordinance

Article 126 (Rectification of Request for Review)

(1) An order to submit a revise request for review prescribed in the main clause of Article 92 (2) of the Act shall be issued in a document containing the following matters:
1. Matters that shall be revised;
2. Reasons why the revision is required;
3. Deadline for the revision;
4. Other necessary matters.

(2) An examiner shall, when he or she revises a request for review at his or her discretion pursuant to the proviso of Article 92 (2) of the Act, give notice of such correction to the relevant party.

Article 93 (Stay of Effectiveness of Initial Disposition)

(1) The filing of a request for review may not stay the effectiveness of the initial disposition: Provided, That if an examiner deems urgently necessary for preventing serious harm incurred by implementation of initial disposition, he or she may stay the effectiveness of the initial disposition ex officio.

(2) An examiner who decides to stay the effectiveness of an initial disposition pursuant to the proviso of paragraph (1) shall give written notice of the decision and the reason for the decision to the head of the relevant employment security office or the Workers' Compensation and Welfare Service.

(3) Upon receipt of such notice prescribed in paragraph (2), the head of the employment security office or the Workers' Compensation and Welfare Service shall stay the effectiveness of the initial disposition without delay.

(4) An examiner who stays the effectiveness of any initial disposition pursuant to paragraph (2) shall give written notice of such fact to the applicant for review without delay.

Enforcement Ordinance

Article 127 (Notice of Suspension of Execution of Original Disposition)

A document notifying the suspension of execution prescribed in Article 93 (2) of the Act shall state the following matters:
1. Name of the case of request review;
2. Dispositions subject to the suspension of execution and details of the suspension of execution;
3. Name and address of the applicant;
4. Name of the disposition agency as the respondent;
5. Reasons for the suspension of execution.

Article 94 (Authority of Examiners)

(1) Examiners may conduct investigations described in the following subparagraphs, upon request of the applicant for review or ex officio, insofar as they determine that such investigation is necessary for proper consideration of the facts and issues involved in the request for review:
1. To conduct an in-person hearing with the applicant for review or any other interested person at a time and place designated by an examiner;
2. To examine documentary and other evidence that an examiner may require the applicant for review or any other interested person to submit;
3. To seek an independent expert opinion;
4. To investigate the place of business or any other place relevant to the case, making inquiries of the business owner, employees, and other interested persons and inspecting documents and other articles on the premises.

(2) When conducting inquiries and inspections described in paragraph (1) 4, examiners shall carry a certificate indicating their authority and present it to interested persons.

Enforcement Ordinance

Article 128 (Investigation for Hearings)

(1) An application for an investigation to hold hearings on the request for review prescribed in Article 94 (1) of the Act shall be filed in a document stating the following matters:
1. Name of the case of request for review;
2. Purport of and reasons for the application;
3. Name and address of the person who is required to appear (which shall be stated only in cases prescribed in Article 94 (1) 1 of the Act);
4. Name and address of the person who owns or possesses a document or any other article required to be submitted (which shall be stated only in cases prescribed in Article 94 (1) 2 of the Act);
5. Matters for which an expert opinion is required and the grounds therefor (which shall be stated only in cases prescribed in Article 94 (1) 3 of the Act);
6. A place of business or any other place to which access is required, a business owner, an employee, or any other person involved to whom inquiries shall be made, and documents and other articles that shall be inspected (which shall be stated only in cases prescribed in Article 94 (1) 4 of the Act).

(2) When an examiner conducts an investigation into evidence pursuant to Article 94 (1) of the Act, he or she shall prepare a protocol of the investigation of evidence. In such cases, when the examiner hears an oral statement of the applicant for review or a person involved pursuant to Article 94 (1) 1 of the Act, he or she shall prepare a protocol of oral statement and attach it to the protocol of the investigation of evidence.

(3) The protocol of investigation of evidence prescribed in paragraph (2) shall contain the following matters, and the relevant examiner shall write his or her name and affix his or her seal thereon:
1. Indication of the case;
2. Date and place of the investigation;
3. Subject matter and method of the investigation;
4. Results of the investigation.

Article 95 (Reimbursement for Actual Expenses)

Those who appear in person at a hearing, as prescribed in Article 94 (1) 1, or provide expert opinion, as prescribed in Article 94 (1) 3, are entitled to reimbursement for actual expenses incurred, as determined by the Minister of Employment and Labor.

Article 96 (Decision)

Upon completion of a review, an examiner shall either reverse all or part of the initial disposition or dismiss all or part of the request for review.

Enforcement Ordinance

Article 129 (Written Decision)

The decision on a request for review prescribed in Article 96 of the Act shall be delivered in the form of a decision letter that shall contain the following matters and on which the relevant examiner shall affix his or her signature or seal:
1. Case number and name;
2. Name and address of the petitioner;
3. Name of the disposition agency as the respondent;
4. Main text;
5. Purport of the petition;
6. Grounds;
7. Date of the decision.

Article 97 (Notice of Decision)

(1) Decisions made under Article 89 shall be in writing, as prescribed by Presidential Decree.

(2) Upon making a decision, an examiner shall send an authentic copy of the decision to the applicant for review and the head of the employment security office or the Workers' Compensation and Welfare Service that made the initial disposition.

Article 98 (Effect of Decision)

(1) A decision shall take effect from the date an authentic copy of the decision is sent to the applicant for review and the head of the relevant employment security office or the Workers' Compensation and Welfare Service.

(2) A decision shall be binding on the head of the employment security office or the Workers' Compensation and Welfare Service that made the initial disposition.

Article 99 (Employment Insurance Appeal Committee)

(1) The Employment Insurance Appeal Committee (hereinafter referred to as the "Appeal Committee") shall be established in the Ministry of Employment and Labor to conduct further reviews, as prescribed in Article 87.

(2) The Appeal Committee shall be comprised of not more than 15 members, including at least one representative of employees and at least one representative of employers.

(3) The members prescribed in paragraph (2) shall include two standing members.

(4) None of the following persons shall be appointed as a member of the Appeal Committee:
1. A person under adult guardianship or under limited guardianship or a person declared bankrupt and not yet reinstated;
2. A person in whose case three years have not passed since his or her imprisonment without labor or heavier punishment declared by a court was completely executed (including where the execution of such sentence is deemed terminated) or exempted;
3. A person who is under suspension of the execution of his or her imprisonment without labor or heavier punishment declared by a court.

(5) Where a non-public official member falls under any of the following cases, he or she may be removed from office:
1. Where he or she becomes unable to perform the duties due to a mental or physical disability;
2. Where he or she engages in any misconduct in connection with the duties;
3. Where he or she is deemed unsuitable as a member due to neglect of a duty, loss of dignity, or any other reason;
4. Where he or she voluntarily admits that it is difficult to perform the duties.

(6) Standing members shall neither join a political party nor become involved in politics.

(7) The Appeal Committee shall make an adjudication within 50 days of receipt of a petition for further review, as prescribed in Article 87 (1). In such case, Article 89 (2) shall apply mutatis mutandis to extension of the time frame for adjudication.

(8) A secretariat shall be established under the Appeal Committee.

(9) Matters necessary for the organization, operation, etc. of the Appeal Committee and its secretariat shall be prescribed by Presidential Decree.

Enforcement Ordinance

Article 130 (Commissioning and Appointment of Members of Board of Review)

(1) Members representing employees among members of the Employment Insurance Board of Review prescribed in Article 99 (1) of the Act (hereinafter referred to as the "Board of Review") shall be commissioned by the President upon the recommendation of the Minister of Employment and Labor among candidates recommended by a general federation of labor unions, while the members representing employers shall also be commissioned by the President upon the recommendation of the Minister of Employment and Labor among candidates recommended by a nation-wide association of employers.

(2) Members of the Board of Review, except a member representing employees, a member representing employers, and ex officio members, shall be commissioned by the President upon recommendation of the Minister of Employment and Labor among any of the following persons: Provided, That standing members shall be appointed by the President upon recommendation of the Minister of Employment and Labor, from among persons who fall under subparagraph 3 or 4:
1. A person who holds the qualification as a judge, public prosecutor, or attorney-at-law;
2. A person who held or holds an adjunct professorship or a higher position in a college or university prescribed in the Higher Education Act;
3. A person who served or serves as a Grade III or higher public official, or a member, in general service of the Senior Executive Service;
4. A person who has engaged in labor-related affairs for 15 years or longer and who is deemed qualified by the Minister of Employment and Labor;
5. A person who has good knowledge and experience in issues of social insurance or employment and who is deemed qualified by the Minister of Employment and Labor.

(3) The Minister of Employment and Labor shall nominate a Grade III public official in charge of insurance affairs belonging to the Ministry of Employment and Labor or a public official in general service belonging to the Senior Executive Service as the ex officio member of the Board of Review.

Enforcement Ordinance

Article 131 (Term of Office of Members)

(1) The term of office of members of the Board of Review shall be three years, but may be renewed consecutively for further terms.

(2) In the event that a vacancy occurs in membership, a member filling the vacancy shall serve for the remaining term of his or her predecessor: Provided, That where a vacancy occurs in the position of standing members (including the Chairperson), a member filling the vacancy shall begin a new term.

(3) Members may carry out their duties despite the expiration of their terms prescribed in paragraph (1), until their successors are appointed.
[This Article Wholly Amended on Sep. 18, 2008]

Enforcement Ordinance

Article 132 (Treatment of Members)

Members other than standing members and ex officio member who attend an appeal committee meeting may be provided with allowances and travel expenses needed to perform their duties within the limits of the budget. In this case, the regulations on travel expenses for public officials shall apply mutatis mutandis to the payment of the travel expenses.

Enforcement Ordinance

Article 133 (Chairperson and Vice-Chairperson)

(1) The Board of Review shall have one chairperson and one vice-chairperson.

(2) The chairperson of the Board of Review shall be appointed by the President upon recommendation of the Minister of Employment and Labor from among standing members, and the vice-chairperson shall be elected from among members.

Enforcement Ordinance

Article 134 (Duties)

(1) The Chairperson shall represent the Board of Review, and shall exercise overall control over the administrative affairs of the Board of Review.

(2) The Vice-Chairperson shall assist the Chairperson, and shall act on behalf of the Chairperson when the Chairperson is unable to perform his or her duties due to unavoidable cause.

Enforcement Ordinance

Article 135 (Meetings)

(1) Meetings of the Board of Review shall be comprised of no more than nine members, including the Chairperson or Vice-Chairperson, the ex officio member, and each member representing employees and employers designated by the Chairperson for each meeting.

(2) When the Chairperson of the Board of Review intends to call a meeting, he or she shall give a written notice of the date and venue of the meeting, and the agenda items to each member by no later than five days before the opening of the meeting: Provided, That the foregoing shall not apply in cases of an emergency.

(3) A majority of the members of the Board of Review under paragraph (1) shall constitute a quorum and any decision thereof shall require the concurring votes of at least a majority of those present at such meetings.

Enforcement Ordinance

Article 136 (Placement of Specialists)

(1) The Minister of Employment and Labor may, pursuant to Article 99 (9) of the Act, have specialists in the Board of Review to conduct specialized survey and research necessary for further review by the Board of Review.

(2) Matters necessary for the qualification for, service of, and remuneration of specialists shall be prescribed by Ordinance of the Ministry of Employment and Labor.
[Title Amended on Apr. 30, 2008]

Article 100 (Other Party to Further Review)

The other party to a request for further review shall be the head of the employment security office or the Workers' Compensation and Welfare Service that made the initial disposition.

Article 101 (Further Review)

(1) Upon receipt of a request for further review, the Board of Review shall notify the parties and the examiner who made the decision concerned of the date and location of the further review at least three days before such date.

(2) The parties are entitled to present their views to the Board of Review either verbally or in writing.

(3) Further review by the Board of Review shall be conducted open to the public: Provided, That it may be conducted in private if so requested by both or either of the parties.

(4) The Board of Review shall keep a record of and maintain the proceedings of further reviews.

(5) Any of the parties or interested persons are entitled to request to peruse the proceedings of further reviews maintained under paragraph (4).

(6) The Board of Review shall not deny any request made by a party or interested person under paragraph (5) without good cause.

(7) Articles 94 and 95 shall apply mutatis mutandis to further review. In such cases, "examiner" shall be construed as "Appeal Committee", "request for review", as "request for further review", and "claimant for review" as "claimant for further review", respectively.

Enforcement Ordinance

Article 137 (Notice)

A written notice of the date and venue of hearings prescribed in Article 101 (1) of the Act shall be given, and shall be served in person or by registered post.

Enforcement Ordinance

Article 138 (Application for Closed Hearing)

The written application for closed hearing prescribed in the proviso of Article 101 (3) of the Act shall be filed, stating the purport of and grounds for the application.

Enforcement Ordinance

Article 139 (Protocol of Trial)

(1) The protocol of hearings prescribed in Article 101 (4) of the Act shall contain the following matters:
1. Case number and name;
2. Date and venue for hearing;
3. Names of members present;
4. Name of a party or his or her agent present;
5. Details of hearing;
6. Other necessary matters.

(2) The protocol of hearing referred to in paragraph (1) shall contain the date of preparation, and the Chairperson shall affix his or her signature and seal thereon.

(3) The written application for inspection prescribed in Article 101 (5) of the Act shall be filed.

Enforcement Ordinance

Article 140 (Method of Request for Re-examination)

(1) The written request for further review prescribed in Article 87 of the Act shall be filed, stating the following details:
1. Name and address of the petitioner;
2. Matters referred to in Article 125 (1) 2 through 4;
3. Name of the examiner who made the decision;
4. Date on which the decision is made known to the petitioner;
5. Whether there has been a notice concerning request for further review by the examiner who made the decision and the contents of the notice;
6. Purport of and grounds for the request for further review;
7. Date of the request for further review.

(2) Where a request for further review is filed by the representative applicant appointed by applicants or an agent, the name and address of the representative applicant or the agent shall be described in addition to the descriptions specified in paragraph (1), and the qualifications for the appointed representative applicant or the agent shall be vindicated in writing.

(3) Each applicant or his or her agent shall write his or her name and affix his or her seal on the document prescribed in paragraph (1).

Enforcement Ordinance

Article 141 (Written Adjudication)

A written adjudication on a request for further review shall contain the following matters, and the Chairperson of the Board of Review and the members involved in the adjudication shall affix their signatures or seals thereon:
1. Case number and name;
2. Name and address of the applicant;
3. Name of the administrative agency that made the original disposition;
4. Name of the examiner who made the decision on the request for review;
5. Main text;
6. Purport of the petition;
7. Grounds;
8. Date of adjudication.

Article 102 (Provisions Applicable Mutatis Mutandis)

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, “examiner” in paragraph (4) of Article 89, “decision” in paragraph (4) of Article 89, Article 97 and Article 98, and “request for examination” in Articles 91, 93 and 96 shall be read as “member of the appeal committee”, “adjudication” and “request for re-examination”, respectively, and “examiner” in Articles 93, 96 and 97 and “claimant for review” in Articles 93, 97 and 98 shall be read as “appeal committee” and “claimant for further review”, respectively.

Enforcement Ordinance

Article 142 (Application Mutatis Mutandis)

Articles 123, 124, and 126 through 128 shall apply mutatis mutandis to the Board of Review and further review. In such cases, "examiner" in Article 123 shall be construed as "member of the Board of Review"; "Minister of Employment and Labor" as "chairperson of the Board of Review"; "applicant for review" in Articles 124 and 128 as "applicant for further review"; "examiner" in Articles 124, 126, and 128 as "chairperson of the Board of Review"; and "request for review" in Articles 126 through 128 as "request for further review".

Article 103 (Notice)

A notice of initial disposition issued by the head of an employment security office or the Workers' Compensation and Welfare Service or an authentic copy of the decision of an examiner sent under Article 97 (2) shall include information about whether the other party or applicant for review is entitled to file a request for review or further review in relation to the initial disposition or the decision and about the applicable filing procedures and time frame.

Article 104 (Relationship to Other Statutes)

(1) In applying Article 18 of the Administrative Litigation Act, an adjudication on a request for further review shall be construed as an adjudication on an administrative appeal.

(2) Matters concerning requests for review and further review that are not prescribed in this Act shall be governed by the Administrative Appeals Act.

CHAPTER Ⅷ Supplementary Provisions

Article 105 (Prohibition of Disadvantageous Action)

A business owner shall not dismiss, or take any disadvantageous action against an employee merely due to the fact the employee has filed a request for confirmation of insured status prescribed in Article 17.

Article 106 (Application Mutatis Mutandis)

Articles 27, 27-2, 27-3, 28, 28-2 through 28-7, 29, 29-2, 29-3, 30, 32, 39, 41, and 42 of the Act on the Collection of Insurance Premiums for Employment Insurance and Industrial Accident Compensation Insurance shall apply mutatis mutandis to the collection of the following charges under this Act:
1. Amount of subsidies for employment security and vocational skills development programs to be returned or additional amount to be collected therefrom;
2. Amount of unemployment benefits to be returned or additional amount to be collected therefrom;
3. Amount of child care leave benefits, etc. to be returned or additional amount to be collected therefrom.

Article 107 (Extinctive Prescription)

(1) The following rights shall be extinguished by prescription if such rights are not exercised for three years:
1. A right to be paid or refunded subsidies under Chapter III;
2. A right to be paid or refunded employment promotion allowances under Chapter IV;
3. A right to be refunded job-seeking benefits under Chapter IV;
4. A right to be refunded child care leave benefits, benefits for reduced working hours during the period of child care, and maternity leave benefits, etc. under Chapter V.

(2) Article 113 of the Industrial Accident Compensation Insurance Act shall apply mutatis mutandis to the interruption of extinctive prescription.

Article 108 (Reporting)

(1) When the Minister of Employment and Labor determines that it is necessary for the enforcement of this Act, including, but not limited to, confirmation of insured status and investigation of improper claims, the Minister of Employment and Labor may request the current or previous business owner of an insured employee or eligible recipient or the service provider for handling insurance-related matters for such business owner prescribed in Article 33 of the Act on the Collection of Insurance Premiums for Employment Insurance and Industrial Accident Compensation Insurance (hereinafter referred to as "service provider for insurance matters") to submit necessary reports and relevant documents or request an interested person to appear in person.

(2) A person severed from employment may review the former business owner's or the business owner's service provider for insurance matters to provide necessary certificates required to receive unemployment benefits. In such cases, upon receipt of such petition for review, the business owner or the service provider for insurance matters shall provide such certificates.

(3) The Minister of Employment and Labor may request an insured employee, an eligible recipient, or a claimant for the remaining unemployment benefits to submit necessary reports and relevant documents or to appear in person when necessary for the enforcement of this Act, including, but not limited to, confirmation of insured status and investigation of improper claims.

Article 109 (Investigation)

(1) The Minister of Employment and Labor may authorize officials of the Ministry of Labor to investigate the place of business of the current or previous business owner of an insured employee or an eligible recipient or the office of such business owner's service provider for insurance matters, making inquiries of interested persons and inspecting books and documents, insofar as the Minister determines that such investigations are necessary for the enforcement of this Act, including, but not limited to, confirmation of insured status and investigation of improper claims.

(2) In conducting an investigation, as prescribed in paragraph (1), the Minister of Employment and Labor shall notify the business owner or the service provider for insurance matters of the date, time, purpose, and any other necessary details of the investigation in advance: Provided, That the same shall not apply where the Minister determines that an urgent or unexpected investigation is required to achieve the purposes of such investigation.

(3) When conducting an investigation, as prescribed in paragraph (1), officials shall carry an identification verifying their authority and present it to interested persons.

(4) The Minister of Employment and Labor shall notify the business owner, etc., in writing, of the results of the investigation conducted under paragraph (1).

Article 110 (Requests for Provision of Data)

(1) If necessary to perform the following duties, the Minister of Employment and Labor may request the heads of relevant agencies to provide information on resident registration, family relation registration, data on military service, data on land and buildings, data on various pensions and insurances, such as national pension and health insurance, information on entry into and exit from the Republic of Korea, etc. In such case, the heads of relevant agencies in receipt of such request shall comply therewith unless there is a compelling reason not to do so:
1. Verifying the details of reporting on the attainment or loss of insured status under Article 15 (including cases applied mutatis mutandis in Articles 77-5 (1) and 77-10 (1));
2. Verifying the attainment or loss of insured status under Article 17 (including cases applied mutatis mutandis in Articles 77-5 (1) and 77-10 (1));
3. Verifying double insurance under Article 18;
3-2. Granting subsidies to cover expenses for employment security and promotion of employment or implementing a loan program under Article 25;
4. Restricting assistance to programs for employment stability and vocational skills development due to improper acts under Article 35;
5. Verifying eligibility requirements for job-seeking benefits under Articles 40, 69-3, 77-3 and 77-8;
6. Paying job-seeking benefits, etc. that have not been paid pursuant to Article 57 (including cases to which such provision applies mutatis mutandis in Articles 63 (5), 69, 69-9 (1) and (2), 77-5 (2) and 77-10 (2));
7. Restricting the payment of job-seeking benefits, etc. due to improper acts pursuant to Article 61 (including cases to which such provision applies mutatis mutandis pursuant to Articles 63 (5), 69-9 (1), 77-5 (2) and 77-10 (2));
8. Returning job-seeking benefits, etc. already received and additional collection pursuant to Article 62 (including cases to which such provision applies mutatis mutandis pursuant to Articles 63 (5), 69, 69-9 (1) and (2), 74, 77, 77-5 (2), and 77-10 (2));
9. Restricting the payment of employment promotion allowances under Article 68 (including cases to which such provision applies mutatis mutandis in Article 69-9 (1));
10. Restricting the payment of child care leave benefits, etc. pursuant to Article 73 (including cases to which such provision applies mutatis mutandis in Articles 74 (2) and 77);
11. Attaining insured status by a recipient under the National Basic Living Security Act pursuant to Article 113-2.

(2) If necessary to perform the duties prescribed in paragraph (1) 3-2, and 4 through 11, the Minister of Employment and Labor may request the head of a relevant tax office to provide the following taxation information in a document specifying the personal data of taxpayers and the purpose of use:
1. Global income under Article 4 (1) 1 of the Income Tax Act;
2. Business registration information under Article 8 of the Value-Added Tax Act, Article 111 of the Corporate Tax Act, or Article 168 of the Income Tax Act.

(3) The detailed range of data or information that can be requested pursuant to paragraph (1) shall be prescribed by Presidential Decree.
[This Article Wholly Amended on Aug. 27, 2019]

Enforcement Ordinance

Article 142-2 (Scope of Data Subject to Request for Provision)

Data or information subject to request under Article 110 (1) of the Act shall be any of the following data or information:
1. The following data or information regarding various kinds of pensions, insurance, and wages:
(a) Enrollment in the public officials pension under the Public Officials Pension Act;
(b) Workplace-based insured persons' report and monthly pension premiums imposed under the National Pension Act;
(c). Reporting on workplaces and the amount of monthly insurance contributions for the employee insured under the National Health Insurance Act;
(d) Enrollment in the military pension plan under the Military Pension Act;
(e) Employees of special post offices enrolled in pension plan under the Special Post Offices Act;
(f) Private school teachers and staff enrolled in pension plan under the Pension for Private School Teachers and Staff Act;
(g) Industrial accident insurance benefits under the Industrial Accident Compensation Insurance Act and workers;
(h) Overdue wages under the Wage Claim Guarantee Act;
2. The following data or information regarding family relations, workers, persons with disabilities, foreigners, etc.:
(a) Computerized information and certificates on records of family relations under the Act on Registration of Family Relations;
(b) Acquisition and loss of nationality and the like under the Nationality Act;
(c) Military service under the Military Service Act;
(d) Termination of employment contracts with foreign workers and other types of employment under the Act on the Employment of Foreign Workers;
(e) Verification of disabilities under the Act on the Employment Promotion and Vocational Rehabilitation of Persons with Disabilities;
(f) Reporting of place of residence in Korea by Korean national residing abroad and foreign nationality Koreans under the Act on the Immigration and Legal Status of Overseas Koreans;
(g) Resident registration under the Resident Registration Act;
(h) Alien registration, entry into and departure from Korea, and reporting of dismissal or resignation, etc. of aliens under the Immigration Act;
3. The following data or information regarding real estate, automobiles, ships, aircraft, etc.:
(a) A certified copy of construction machinery register and registration of construction machinery business under the Construction Machinery Management Act;
(b) A certified copy of building register under the Building Act;
(c) Certified copies of the parcels-register for sites and the parcels-register for forest areas under the Act on the Establishment and Management of Spatial Data;
(d) Farmland registers under the Farmland Act;
(e) Collateral security register under the Act on Security over Movable Property, Claims;
(f) Certificates of registered matters for land and certificates of registered matters for buildings under the Registration of Real Estate Act;
(g) Certificates of Registration of Legal Entities under the Non-Contentious Case Procedure Act, the Commercial Registration Act, and the like;
(h) Ship registration certificates under the Ship Registry Act;
(i) Original ship registers under the Ship Act;
(j) Motor vehicle registers under the Motor Vehicle Management Act.
(k) Middle-standing enterprises under the Special Act on the Promotion of Growth and the Strengthening of Competitiveness of Middle-Standing Enterprises;
(l) Registers under the Decree on Registration of Patent Rights;
(m) Aircraft original register under the Aviation Safety Act;
4. Other data or information specified in the following that is necessary for managing insured status in employment insurance:
(a) Data regarding eligibility requirements and eligibility for self-support labor under the National Basic Living Security Act;
(b) Data regarding social welfare corporations and social welfare facilities and persons engaging in them under the Social Welfare Services Act;
(c) Data regarding social service providers and related workers under the Act on the Use of Social Services and the Management of Vouchers;
(d) Data regarding child care centers, child care teachers and staff, infants and young children attending child care centers, and their guardians under the Child Care Act.
[This Article Newly Inserted on Aug. 27, 2020]

Article 111 (Medical Examination Order)

The head of an employment security office may order a person who falls under Article 44 (3) 1 and who has obtained, or intends to obtain, recognition of unemployment under Article 44 (2) or a person who has received, or intends to receive, sickness benefits, as prescribed in Article 63, to undergo a medical examination at a medical institution designated by the Minister of Employment and Labor, if deemed necessary for payment of unemployment benefits.

Enforcement Ordinance

Article 143 (Expenses for Medical Examinations)

The head of an employment security office may, when he or she orders a medical examination pursuant to Article 111 of the Act, pay the actual expenses incurred in going through such medical examination.

Article 112 (Payment of Monetary Rewards)

(1) The Minister of Employment and Labor may, within budgetary limits, provide monetary rewards to a person who reports improper acts in connection with the assistance in running employment security and vocational skills development programs and the entrustment of such programs, and such assistance as unemployment benefits, child care leave benefits, and maternity leave benefits.

(2) Matters necessary for reporting improper acts and providing monetary rewards under paragraph (1) shall be prescribed by Ordinance of the Ministry of Employment and Labor.

Article 113 Deleted. [Act No. 10895, Jul. 21, 2011]

Article 113-2 (Special Cases concerning Recipients Prescribed in the National Basic Living Security Act)

(1) Notwithstanding Article 8, business of providing an opportunity to work for self-support pursuant to Article 15 (1) 4 of the National Basic Living Security Act shall be construed as the business prescribed in this Act. In such cases, a recipient prescribed in subparagraph 2 of Article 2 of the National Basic Living Security Act who participates and engages in paid work for the aforementioned business shall be construed as the employee under this Act, and the guarantee institutions prescribed in subparagraph 4 of Article 2 of that Act (in cases of entrusting business pursuant to Article 15 (2) of that Act, referring to the entrusting institution) shall be construed as the business owner under this Act.

(2) Where a recipient prescribed in the latter part of paragraph (1) falls under any of the persons eligible for assistance under Article 8 (2) of the National Basic Living Security Act, only Chapter III shall apply to the recipient.

(3) Notwithstanding Article 18, where a recipient to whom only Chapter III applies pursuant to paragraph (2) is employed by another covered employing unit, he or she may acquire an insured status as an employee of the other business.

(4) The self-support benefits received by a recipient after he or she participated in the business pursuant to paragraph (1) shall be deemed the remuneration to be used as basis for computation of the qualifying days in covered employment used as basis for computation of Article 41 and as the remuneration to be used as basis for the daily wage under Article 45.
[This Article Newly Inserted on Jul. 21, 2011]

Article 114 (Operation of Pilot Programs)

(1) To ensure the effective operation of insurance programs prescribed by Presidential Decree, the Minister of Employment and Labor may operate a pilot program if it is expected to be impracticable to fully implement a program or if the implementation plans, etc. need to be verified before fully launching such program.

(2) The Minister of Employment and Labor may provide administrative, financial, technical, and other necessary assistance to the business owners, insured employees, etc. who participate in pilot programs under paragraph (1) and relevant vocational skills development training facilities, etc.

(3) The Minister of Employment and Labor shall determine and provide public notice of necessary matters relating to applicable participants, target areas, and means of operating pilot programs under paragraph (1) and details of assistance under paragraph (2).

Enforcement Ordinance

Article 144-2 (Operation of Pilot Programs)

Pursuant to Article 114 of the Act, the Minister of Employment and Labor may conduct any program for employment security and vocational skills development as a pilot program.
[This Article Newly Inserted on Dec. 31, 2010]

Article 115 (Delegation and Entrustment of Authority)

Part of the authority of the Minister of Employment and Labor granted under this Act may, as prescribed by Presidential Decree, be delegated to the head of an employment security office or entrusted to a person specified by Presidential Decree.

Enforcement Ordinance

Article 145 (Delegation of Authority)

(1) The Minister of Employment and Labor shall delegate his or her authority over the following affairs to the head of each employment security office, as prescribed in Article 115 of the Act:
1. Deleted;
2. Deleted;
3. Deleted;
4. Assisting job creation prescribed in Article 20 of the Act (excluding those entrusted under paragraph (4));
5. Assisting employment adjustment prescribed in Article 21 of the Act;
6. Promoting local employment prescribed in Article 22 of the Act;
7. Assisting employment of the aged, etc. prescribed in Article 23 of the Act;
8. Assisting employment security of construction workers, etc. prescribed in Article 24 of the Act;
9. Carrying out programs for vocational skills development training prescribed in Article 31 (2) of the Act;
10. Providing information on employment and establishing foundations for supporting employment prescribed in Article 33 of the Act (excluding projects for establishing a foundation for employment security and vocational skills development, those for placement of experts, and projects entrusted pursuant to paragraph (6));
11. Imposing restrictions on assistance due to improper acts prescribed in Article 35 of the Act;
12. Paying child care leave benefits and imposing restrictions on payment of such benefits under Articles 70 and 73 of the Act;
12-2. Paying benefits for reduced working hours during the child care period under Article 73-2 of the Act and imposing restrictions on payment of such benefits under Article 73 of the Act, which is applied mutatis mutandis in Article 74 (2) of the Act;
13. Paying maternity leave benefits, etc. under Article 75 of the Act and imposing restrictions on payment of such benefits, etc. under Article 73 of the Act, which is applied mutatis mutandis in Article 77 (1) of the Act;
13-2. Paying an amount equivalent to maternity leave benefits, etc. under Article 76-2 of the Act and imposing restrictions on payment of such amount under Article 73 of the Act (excluding paragraph (1) of that Article), which is applied mutatis mutandis in Article 77 (2) of the Act;
13-3. Paying job-seeking benefits to an insured artist under Article 77-3 of the Act and imposing restrictions on payment of such benefits under Article 61 of the Act, which is applied mutatis mutandis in Article 77-5 (2) of the Act;
13-4. Paying maternity benefits, etc. to an insured artist under Article 77-4 of the Act and issuing an order to return such benefits, etc. and imposing restrictions on payment of such benefits, etc. under Articles 62 and 73 (4) of the Act, which is applied mutatis mutandis in Article 77-5 (3) of the Act;
13-5. Paying job-seeking benefits to an insured worker under Article 77-8 of the Act and imposing restrictions on payment of such benefits under Article 61 of the Act, which is applied mutatis mutandis in Article 77-10 (2) of the Act;
13-6. Paying maternity benefits, etc. to an insured worker under Article 77-9 of the Act and issuing an order to return such benefits, etc. and imposing restrictions on payment of such benefits, etc. under Articles 62 and 73 (4) of the Act, which is applied mutatis mutandis in Article 77-10 (3) of the Act;
14. Demanding submission of reports or related documents or requesting appearances prescribed in Article 108 of the Act (limited to cases where such demand or request is required to process entrusted administrative affairs);
15. Having access to offices, making inquiries to the relevant person, and investigating documents prescribed in Article 109 of the Act (limited to cases where such actions are required to process entrusted administrative affairs), and issuing a prior notice of such investigations and a notice of the findings of such investigations in relation to such actions;
16. Requesting submission of materials prescribed in Article 110 of the Act (limited to cases where such request is required to process entrusted administrative affairs);
17. Paying rewards under Article 112 of the Act;
18. Imposing and collecting administrative fines under Article 118 of the Act.
19. Accepting reports on appointment and dismissal of agents prescribed in Article 4 (excluding cases where an agent conducts the affairs referred to in Article 15 of the Act on behalf of a business owner);
20. Carrying out programs for employment security and employment promotion prescribed in Article 35;
20-2. Deleted;
21. Providing support for projects for assisting employment prescribed in Article 36;
22. Granting subsidies to cover expenses incurred at a facility for promotion of employment prescribed in Article 38 (2) (limited to the facilities for promotion of employment prescribed in Article 38 (1) 2 and 3);
23. Deleted;
24. Granting subsidies for development of employees' vocational skills under Article 43;
25. Deleted;
26. Granting subsidies for employment training pursuant to Article 47.

(2) The Minister of Employment and Labor shall entrust the Korea Worker's Compensation and Welfare Service with his or her authority over the following affairs, pursuant to Article 115 of the Act:
1. Accepting reports, etc. on insured status prescribed in Article 15 of the Act;
2. Deleted;
2-2. Verifying insured status prescribed in Article 17 of the Act (including cases applied mutatis mutandis in Articles 77-5 (1) and 77-10 (1) of the Act);
2-3. Receiving reports on insured status of an insured artist under Articles 77-2 and 77-5 (1) of the Act;
2-4. Receiving reports on the insured status of an insured worker under Articles 77-6, 77-7, and 77-10 (1) of the Act;
3. Requesting reports or related documents and appearances prescribed in Article 108 of the Act (limited to cases where such request is required to process entrusted administrative affairs);
4. Having access to offices, making inquiries to the relevant person, and investigating into documents prescribed in Article 109 of the Act (limited to cases where such actions are required to process entrusted administrative affairs);
4-2. Deleted;
5. Requesting materials prescribed in Article 110 of the Act (limited to cases where such request is required to process entrusted administrative affairs);
5-2.
[Subparagraph 5-2 moved to subparagraph 11 ]
6. Accepting an application for insurance purchase of a public official eligible for employment insurance and notifying the fact of such application pursuant to Article 3-2 (2);
7. Accepting an application for withdrawal by an insured public official pursuant to Article 3-2 (4);
8. Accepting a report on appointment or dismissal of an agent referred to in Article 4 (limited to cases where an agent acts as an agent for matters regarding Article 15);
8-2. Managing and operating loans for the work-family balance assistance programs referred to in subparagraph 7 of Article 35;
8-3. Making loans to cover expenses for retaining employees in enterprises eligible for priority support under Article 37-3;
9. Granting subsidies for the operation of a child care center under Article 38 (4);
10. Granting loans or subsidies to cover expenses for the installation of child care centers prescribed in Article 38 (5) and managing and operating such loans and subsidies;
11. Granting loans to cover expenses for vocational skills development training pursuant to Article 45;
12. Granting loans to cover living expenses during the vocational skills development training prescribed in Article 47-2 and managing and operating such loans;
13. Receiving and handling applications for subscription to or withdrawal from employment insurance for artists under 15 years of age pursuant to Article 104-6 (4) and (6);
14. Receiving and handling applications for subscription to or withdrawal from employment insurance for workers under 15 years of age under Article 104-12 (4) and (6).

(3) The Minister of Employment and Labor shall, pursuant to Article 115 of the Act, entrust the Human Resources Development Service of Korea with his or her authority over the following affairs:
1. Supporting the vocational skills development training for business owners pursuant to Article 27 of the Act;
2. Granting subsidies to cover expenses incurred for technical skill competitions conducted by the private sector among the projects for promotion of skilled techniques prescribed in Article 31 (1) 2 of the Act;
3. Requesting reports or related documents or appearances prescribed in Article 108 of the Act (limited to cases where such request is required to process entrusted administrative affairs);
4. Having access to offices, making inquiries to the relevant person, and investigating documents prescribed in Article 109 of the Act (limited to cases where such actions are required to process entrusted administrative affairs);
5. Requesting materials prescribed in Article 110 of the Act (limited to cases where such request is required to process entrusted administrative affairs);
6. Deleted;
7. Granting subsidies to cover expenses of vocational skills development training prescribed in Article 46;
8. Granting loans to cover expenses for vocational skills development training facilities, etc. prescribed in Article 48 and managing and operating such loans;
9. Granting subsidies to cover expenses for vocational skills development training facilities, etc. prescribed in Article 49 and managing and operating such subsidies (excluding affairs relating to decision-making on whether to grant such subsidies);
10. Deleted;
11. Granting subsidies to cover expenses for qualification testing programs prescribed in Article 51 (1) 1;
11-2. Developing, compiling and distributing training materials prescribed in Article 52 (1) 3;
12. Supporting the system for accreditation of exemplary enterprises in the development of human resources prescribed in Article 52 (1) 5;
13. Supporting vocational skills development programs conducted by business owners or employers' associations jointly with small and medium enterprises for employees of small and medium enterprises prescribed in Article 52 (1) 6;
14. Implementing vocational skills development training to improve core abilities to perform duties of business owners or employees of enterprises eligible for priority support under Article 52 (1) 10;
15. Conducting vocational skills development programs to promote the organized learning of enterprises eligible for priority support prescribed in Article 52 (1) 11;
16. Conducting vocational skills development programs to improve the skills of business owners or staff in charge of the development of human resources of enterprises eligible for priority support for the development of human resources prescribed in Article 52 (1) 12;
17. Conducting systematic support programs for on-site training for enterprises eligible for priority support pursuant to Article 52 (1) 13;
18. Deleted;

(4) The Minister of Employment and Labor may, pursuant to Article 115 of the Act, entrust part of his or her authority over the subsidization of job creation programs pursuant to Article 17, subsidization of improvement programs of employment circumstances for seniors, etc. under Article 37, subsidization of expenses for employment promotion facilities prescribed in Article 38 (2) (limited to the facilities for the promotion of employment under Article 38 (1) 5), subsidization of programs collaboratively conducted by associations of business owners, associations of employees, or their federations prescribed in Article 52 (1) 4 for vocational skills development, and subsidization of local governments, etc. prescribed in Article 55 to the Korea Occupational Safety and Health Agency prescribed in the Korea Occupational Safety and Health Agency Act, the Korea Worker's Compensation and Welfare Service, the Korea Employment Agency for the Disabled prescribed in the Act on the Employment Promotion and Vocational Rehabilitation of Persons with Disabilities (hereinafter referred to as the "Korea Employment Agency for the Disabled"), the Korea Labor Institute established pursuant to Article 8 of the Act on the Establishment, Operation and Fostering of Government-Funded Research Institutes (hereinafter referred to as the "Korea Labor Institute"), and other relevant specialized institutions or non-profit juristic person determined and publicly notified by the Minister of Employment and Labor, and the criteria for selecting institutions qualified as such entrustment shall be prescribed by Ordinance of the Ministry of Employment and Labor.

(5) The Minister of Employment and Labor shall, pursuant to Article 115 of the Act, entrust the agencies designated and publicly announced by the Minister of Employment and Labor, such as the Human Resources Development Service of Korea, the Korea Employment Agency for the Disabled, the Korea Labor Institute, or related specialized agencies with part of his or her duties such as the examination of management of employment and other support prescribed in Article 33.

(6) The Minister of Employment and Labor shall, pursuant to Article 115 of the Act, entrust the Korea Employment Information Service established pursuant to Article 18 of the Framework Act on Employment Policy with authority over the following affairs among his or her authority over subsidization of equipment, etc. prescribed in Article 15 (6) of the Act, the provision of information on employment, and the establishment of a foundation for supporting employment prescribed in Article 33 of the Act:
1. Collecting and analyzing information on employment and furnishing such information to employment security offices;
2. Researching, developing, and disseminating techniques for occupational guidance, including counseling on jobs and training;
3. Evaluating the provision of information on employment, occupational guidance, and job referral and providing support for such activities;
4. Operating electronic networks relating to employment insurance among the affairs relating to the establishment of the infrastructure for employment security and vocational skills development.

(7) The Minister of Employment and Labor shall, pursuant to Article 115 of the Act, entrust the Korea Construction Working Mutual Fund prescribed in Article 9 of the Act on the Employment Improvement of Construction Workers with support for stable employment, etc. of construction workers prescribed in subparagraph 4 of Article 35.

(8) In order to carry out the affairs entrusted under paragraphs (2) through (5), the President of the Korea Worker's Compensation and Welfare Service, the President of the Human Resource Development Service of Korea, and the President of the Korea Employment Agency for the Disabled shall each appoint a director responsible for fund revenue and a director responsible for acts incurring expenditure from the fund among standing directors at each institution, appoint an officer in charge of fund disbursement and a fund cashier among the employees of each institution, and shall report the appointment to the Minister of Employment and Labor. In such cases, the duties for which each director or officer is responsible shall be as follows:
1. Director responsible for fund revenue: Duties of a fund revenue collector;
2. Director responsible for acts incurring expenditure from the Fund: Duties of a fund treasurer;
3. Officer in charge of fund expenditure: Duties of a fund expenditure officer;
4. Fund cashier: Duties of a fund accounting official.

(9) The Minister of Employment and Labor shall give notice of the appointment of a director responsible for fund revenue, a director responsible for acts incurring expenditure from the Fund, an officer in charge of fund expenditure, and a fund cashier prescribed in paragraph (8) to the Chairperson of the Board of Audit and Inspection and the Governor of the Bank of Korea.

Enforcement Ordinance

Article 145-2 (Management of Personally Identifiable Information)

(1) Where it is unavoidable to perform the following affairs, the Minister of Employment and Labor (including any person delegated or entrusted with the authority or affairs of the Minister of Employment and Labor pursuant to Article 145) may manage data containing resident registration numbers or alien registration numbers prescribed in Article 19 of the Enforcement Decree of the Personal Information Protection Act:
1. Affairs relating to subscription to or withdrawal from the employment insurance by public officials in extraordinary civil service and public officials in a fixed term position pursuant to the proviso of Article 10 (1) 3 of the Act and Article 3-2 of this Decree;
1-2. Affairs relating to subscription to employment insurance by the following persons:
(a) Foreign workers under Article 10-2 (1) of the Act;
(b) Foreigners who have entered into employment contracts, foreign artists, and foreign workers under Article 10-2 (2) of the Act and Article 3-3 of this Decree;
2. Affairs relating to reporting of the attainment, loss, etc. of insured status prescribed in Article 15 of the Act;
3. Deleted;
4. Affairs relating to verification of qualifications for insured status prescribed in Article 17 of the Act;
5. Assistance to a business owner who expands employment opportunities prescribed in Article 20 of the Act;
6. Assistance to a business owner who has taken measures for employment security prescribed in Article 21 of the Act;
7. Assistance to a business owner who promotes local employment prescribed in Article 22 of the Act;
8. Assistance for promotion of employment of seniors, etc. prescribed in Article 23 of the Act;
9. Assistance to and providing loans for those who conduct programs aimed at promoting employment security and job creation prescribed in Article 25 of the Act;
10. Assistance for facilities contributing to promotion of employment prescribed in Article 26 of the Act;
11. Promoting loans for those who bear the expenses incurred in vocational skills development training to a business owner prescribed in Article 27 of the Act;
12. Assistance for vocational skills development to the insured, etc. prescribed in Article 29 of the Act;
13. Assistance to and extension of loans to those who bear the expenses incurred in establishing vocational skills development training facilities and purchasing equipment related thereto pursuant to Article 30 of the Act;
14. Assistance to those who conduct programs for promotion of vocational skills development pursuant to Article 31 of the Act;
15. An order to return a subsidy or to additionally collect such subsidy, on account of an improper act, pursuant to Article 35 of the Act;
15-2. Subsidization of national pension premiums pursuant to Article 55-2 of the Act;
16. Payment of child care leave benefits prescribed in Article 70 of the Act;
17. Payment of the benefits for reduced working hours during the period of infant care prescribed in Article 73-2 of the Act;
18. Payment of maternity leave benefits, etc. prescribed in Article 75 of the Act and payment of an amount equivalent to maternity leave benefits, etc. prescribed in Article 76-2 of the Act;
19. Application in subrogation for the payment of maternity leave benefits, etc. prescribed in Article 75-2 of the Act;
19-2. Reporting on insured status of an insured artist under Articles 77-2 and 77-5 (1) of the Act;
19-3. Reporting on the insured status of an insured worker prescribed in Articles 77-6, 77-7, and 77-10 (1) of the Act;
20. Request for the report, etc. pursuant to Article 108 of the Act;
21. Investigations, etc. under Article 109 of the Act;
22. Request for data prescribed in Article 110 of the Act;
23. Reporting on improper acts and the payment of a monetary reward in return therefor prescribed in Article 112 of the Act;
24. Reporting on the appointment or dismissal of an agent prescribed in Article 4;
25. Reporting on the change of an insured's name and other details prescribed in Articles 10, 104-7, and 104-14.

(2) Where unavoidable to conduct the following affairs, the head of a relevant employment security office may manage materials which include resident registration numbers or alien registration numbers under subparagraph 1 or 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act:
1. An order to return job-seeking benefits, etc. or to additionally collect them, on account of improper acts, pursuant to Articles 62, 74 and 77 of the Act;
2. Reporting of unemployment (including verifying a certificate of severance) under Article 42 of the Act;
3. Approval of eligibility for benefits prescribed in Article 43 of the Act;
4. Verification of unemployment, etc. prescribed in Article 44 of the Act;
5. Postponement, etc. of the benefit period prescribed in Article 48 of the Act and Article 71 of this Decree;
6. Payment of individually extended benefits prescribed in Article 52 of the Act;
7. Payment of unpaid job-seeking benefits prescribed in Article 57 of the Act;
8. Payment of sickness benefits prescribed in Article 63 of the Act;
9. Payment of the early re-employment allowance prescribed in Article 64 of the Act;
10. Payment of the long-distance job search allowance prescribed in Article 66 of the Act;
11. Affairs on the payment of the relocation allowance prescribed in Article 67 of the Act;
12. Payment of job-seeking benefits, maternity benefits, etc. under Articles 77-3, 77-4, and 77-5 (2) and (3) of the Act;
13. Payment of job-seeking benefits, maternity benefits, etc. under Articles 77-8, 77-9, and 77-10 (2) and (3) of the Act.

(3) Where unavoidable to conduct the affairs on the request for review prescribed in Article 87 (1) of the Act, an examiner may manage materials which include resident registration numbers or foreign registration numbers prescribed in subparagraph 1 or 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act.

(4) Where unavoidable to conduct the following affairs, the Board of Review may manage materials which include resident registration numbers or foreign registration numbers prescribed in subparagraph 1 or 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act:
1. Affairs concerning a request for further review prescribed in Article 87 (1) of the Act;
2. Affairs concerning perusal of hearing report prescribed in Article 101 (5) and (6) of the Act.
[This Article Wholly Amended on Jan. 13, 2012]

Enforcement Ordinance

Article 145-3 Deleted.

Article 115-2 (Legal Fiction as Public Officials for Purposes of Penalty Provisions)

(1) Where any person performs activities by proxy or is entrusted with activities pursuant to Articles 36 and 115, he or she shall be deemed a public official in applying penalty provisions under Articles 129 through 132 of the Criminal Act.

(2) A non-public official member of the Appeal Committee shall be deemed a public official in applying penalty provisions under Articles 129 through 132 of the Criminal Act.
[This Article Newly Inserted on Dec. 31, 2008]

Enforcement Ordinance

Article 144 Deleted.

CHAPTER Ⅸ Penal Provisions

Article 116 (Penalty Provisions)

(1) A person who conspires with a business owner and receives the following subsidies or benefits by fraud or other improper means, and such business owner shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding 50 million won:
1. Subsidies for employment stability and vocational skills development programs under Chapter III;
2. Unemployment benefits under Chapter IV;
3. Child care leave benefits, benefits for reduced working hours during the period of child care, maternity leave benefits, etc. under Chapter V.
4. Job-seeking benefits and maternity benefits, etc. under Chapters V-2 and V-3;

(2) Any of the following persons shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won:
1. A business owner who dismisses an employee or gives any disadvantageous treatment to an employee, in violation of Article 105 (including cases applied mutatis mutandis in Articles 77-5 (3) and (4) and 77-10 (3) and (4));
2. A person who receives subsidies or benefits under the subparagraphs of paragraph (1) by fraud or other improper means: Provided, That cases falling under paragraph (1) shall be excluded.
[This Article Wholly Amended on Aug. 27, 2019]

Article 117 (Joint Penalty Provisions)

If the representative of a corporation or an agent or employee of, or any other person employed by, a corporation or an individual commits an offense under Article 116 in connection with the business affairs of the corporation or individual, not only shall such offender be punished, but also the corporation or individual shall be punished by a fine under the relevant provisions: Provided, That the foregoing shall not apply where such corporation or individual has not been negligent in giving due attention and supervision concerning the relevant business affairs to prevent such offense.
[This Article Wholly Amended on Dec. 31, 2008]
[Moved from Article 118; previous Article 117 moved to Article 118 ]

Article 118 (Administrative Fines)

(1) An administrative fine of up to three million won shall be imposed on a business owner or the representative, an agent, or employee of, or any other person employed by a service provider for insurance matters or labor platform operator who falls under any of the following:
1. A person who fails to make a report or makes a false report, in violation of Articles 15 (including cases applied mutatis mutandis in Articles 77-5 (1) and 77-10 (1)), 77-2 (3) and 77-7 (1);
2. A person who fails to issue a certificate of job-leaving or prepares and submits a false certificate of job-leaving, in violation of the latter part of Article 42 (3) (including cases applied mutatis mutandis in Articles 77-5 (2) and 77-10 (2));
3. A person who fails to submit a certificate of job-leaving or prepares and submits a false certificate of job-leaving, in violation of the latter part of Article 43 (4) (including cases applied mutatis mutandis in Articles 77-5 (2) and 77-10 (2));
4. A person who fails to comply with a request to submit a report under Article 108 (1) (including cases applied mutatis mutandis in Articles 77-5 (3) and (4) and 77-10 (3) and (4)), submits a false report, fails to comply with a request to submit a document under that Article, submits a false document, or fails to comply with a request to appear in person under that Article;
5. A person who fails to comply with a request to issue a certificate under Article 108 (2) (including cases applied mutatis mutandis in Articles 77-5 (3) and (4) and 77-10 (3) and (4));
6. A person who fails to respond, falsely responds, to inquiries, or refuses, obstructs or evades an investigation, under Article 109 (1) (including cases applied mutatis mutandis in Articles 77-5 (3) and (4) and 77-10 (3) and (4));
7. A person who fails to comply with a request for data or information in violation of Article 77-7 (2);
8. A person who fails to retain data or information related to a report on insured status of a worker, in violation of Article 77-7 (5).

(2) An administrative fine of up to one million won shall be imposed on an insured, an eligible recipient, or a claimant for the remaining unemployment benefits who falls under either of the following subparagraphs:
1. A person who fails to submit a report, makes a false report, fails to submit a document, submits a false document, or fails to appear in person, as requested under Article 108 (3) (including cases applied mutatis mutandis in Articles 77-5 (3) and (4) and 77-10 (3) and (4));
2. A person who fails to respond, or false responds, to inquiries made under Article 109 (1) (including cases applied mutatis mutandis in Articles 77-5 (3) and (4) and 77-10 (3) and (4)), or who refuses, obstructs or evades an inspection;

(3) An administrative fine of up to one million won shall be imposed on a person who fails to respond to, or makes a false response to, inquiries, made upon request for review or further review, by an examiner or the Appeal Committee under Article 87 (including cases applied mutatis mutandis in Articles 77-5 (3) and (4) and 77-10 (3) and (4)), or who refuses, obstructs, or evades an inspection.

(4) The Minister of Employment and Labor shall impose and collect administrative fines under paragraphs (1) through (3) as prescribed by Presidential Decree.

(5) Deleted.

(6) Deleted.

(7) Deleted.
[Moved from Article 117; previous Article 118 moved to Article 117 ]

Enforcement Ordinance

Article 146 (Standards for Imposition of Administrative Fines)

The standards for imposing administrative fines pursuant to Article 118 (1) through (3) of the Act shall be as prescribed in attached Table 3.
[This Article Wholly Amended on Aug. 6, 2013]

Addenda <Act No. 8429, May11, 2007>

Article 1 (Enforcement Date)

This Act shall enter into force on the date of its promulgation.

Article 2 (Transitional Measures Concerning Collection of Additional Charges for Fraudulent Acts by Vocational Skills Development Training Providers)

If a person who provides vocational skills development training receives, or intends to receive, support for vocational skills development training in false or other fraudulent ways before enforcement of this Act, the previous provisions shall apply notwithstanding the revised provisions of the proviso of Article 35 (2).

Article 3 (Effective Period)

The revised provisions of the proviso of Article 107 (1) shall remain effective until December 31, 2009.

Article 4 (General Transitional Measures Concerning Action, etc.)

Actions taken by or against administrative authorities pursuant to the previous provisions at the time of the enforcement of this Act shall be seen as actions taken by or against administrative authorities pursuant to the corresponding provisions of this Act.

Article 5 (Transitional Measures Concerning Penal Provisions or Fines for Negligence)

In applying penalties or fines for negligence in acts committed before the enforcement of this Act, the previous provisions shall apply.

Article 6 (Revision of Other Laws)

(1) Parts of the Act on the Employment Improvement, etc. of Construction Workers shall be revised as follows: "Article 13 of the Employment Insurance Act" in Article 5 (3) shall be changed to "Article 15 of the Employment Insurance Act."
(2) Parts of the Act on the Collection, etc. of Premiums for Employment Insurance and Industrial Accident Compensation Insurance shall be revised as follows:
"Proviso of Article 7 of the Employment Insurance Act" and "Article 8 of the Employment Insurance Act" in Article 5 (2) shall be changed to "proviso of Article 8 of the Employment Insurance Act" and "Article 10 of the Employment Insurance Act" respectively.
"Proviso of Article 7 of the Employment Insurance Act" in Article 6 (1) and "Article 8 of the Employment Insurance Act" in paragraph (3) of the same Act shall be changed to "proviso of Article 8 of the Employment Insurance Act" and "Article 10 of the Employment Insurance Act" respectively.
"Proviso of Article 7 of the Employment Insurance Act" in subparagraph 1 of Article 7 shall be changed to "proviso of Article 8 of the Employment Insurance Act".
"Article 8 of the Employment Insurance Act" in the main text of Article 17 (1) shall be changed to "Article 10 of the Employment Insurance Act."
“Article 83-2 of the Employment Insurance Act" in Article 49-2 (1) shall be changed to "Article 113 of the Employment Insurance Act."
(3) Parts of the National Pension Act shall be revised as follows:
"Article 31 of the Employment Insurance Act" in Article 93-2 shall be changed to "Article 40 of the Employment Insurance Act."
(4) Parts of the Employee Skills Development Act shall be revised as follows:
"Article 15 (2)“ in Article 20 (1) 3 shall be changed to "Article 19 (2)."
(5) Parts of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City shall be revised as follows:
“Articles 13 (including authority related to receipt of materials submitted by an original contractor), 13-2, 14, 16 through 18, 18-2 (including authority related to employment security support for construction workers), 22, 24, 26-3, 33-2 (1) and (2), 34 (1), (3), (4) 3 and (5), 37, 42 (1) and (2), 42-2 (1), 43 (2) and (3), 44 (2), 45 (2), 46 (1) through (3), 48 (1) and (3), 49 (3), 51 (1), 52 (1), 53 (1), 55-2, 55-4, 55-5, 55-5, 55-7, 55-9, 75-6 (3), 75-10 (2), 75-11, 76-5, 80 (limited to cases where it is needed to handle business affairs concerning transferred authority) 82 and 86 (limited to imposition and collection of fines for negligence in relation to transferred authority) of the Employment Insurance Act" in Article 147 (4) 1 shall be changed to Articles 15 (including authority related to receipt of materials submitted by an original
contractor), 16, 17, 21 through 23, 24 (including authority related to employment security support for construction workers), 27, 29, 33, 43 (1) and (2), 44 (1), (2), (3) 3 and (4), 47, 51 (1) and (2), 52 (1), 56 (2), 57 (2), 58, 60 (1) through (3), 62 (1) through (3), 63 (3), 65 (1), 66 (1), 67 (1), 70, 72, 73, 75, 77, 93 (3), 97 (2), 98, 103, 108 (limited to cases where it is needed to handle business affairs concerning transferred authority), 111 and 117 (limited to imposition and collection of fines for negligence in relation to transferred authority) of the Employment Insurance Act."
(6) Parts of the Special Act on Support for Areas, etc. Adjacent to Districts Granted to the United States Armed Forces in Korea shall be revised as follows:
"Article 15 of the Employment Insurance Act" in Article 23 (1) shall be changed to "Article 19 of the Employment Insurance Act."
(7) Parts of the Special Act on the Promotion of Business Conversion in Small and Medium Enterprises shall be revised as follows:
"Article 16 of the Employment Insurance Act" and "Article 24 of same Act" in Article 25 (2) 2 shall be changed to "Article 21 of the Employment Insurance Act" and "Article 29 of same Act", respectively.
(8) Parts of the Special Act on Support for Human Resources of Small and Medium Enterprises shall be revised as follows:
"Article 15 of the Employment Insurance Act" in Article 21 (1) shall be changed to "Article 19 of the Employment Insurance Act."

Article 7 (Relationship to Other Laws)

If the previous Employment Insurance Act or its provisions are cited in other Acts and subordinate statutes at the time of the enforcement of this Act and there are corresponding provisions in this Act, this Act or its corresponding provisions shall be considered to be cited in lieu of the previous provisions.

Addenda <Act No. 9315, Dec. 31, 2008>

Article 1 (Enforcement Date)

This Act shall enter into force on the date of its promulgation : Provided that the amended provision of Article 29 (3) shall enter into force at the expiration of three months after its promulgation, and the amended provisions of Article 7, Article 11-2, Article 81 and Article 84 shall enter into force on July 1, 2009.

Article 2 (Application Example concerning Recognition of Entitlement)

The amended provisions of Articles 41 and 43 shall apply to decisions on whether to recognize benefit entitlement after this Act enters into force.

Article 3 (Application Example concerning Right to Maternity Leave Benefits by Subrogation)

The amended provision of Article 75-2 shall apply to the granting of maternity leave, etc., after this Act enters into force.

Article 4 (Transitional Measures concerning Restrictions, etc., on Support Due to Fraudulent Acts)

Notwithstanding the amended provisions of Article 35, restrictions, etc., on support for a person who has received or intends to receive such support in a false or other fraudulent ways shall be governed by the previous provisions.

Addenda <Act No. 9792, Oct. 9, 2009; Revision of the Framework Act on Employment Policy>

Article 1 (Enforcement Date)

This Act shall enter into force on January 1, 2010.

Article 2 (Revision of Other Laws)

(1) and (2) Omitted.
(3) Parts of the Framework Act on Employment Policy shall be revised as follows :
“Article 26 under the Basic Employment Policy Act” in Article 21 (3) shall be changed to “Article 32 under the Framework Act on Employment Policy”.
(4) through (8) Omitted.

Article 3 Omitted.

Addendum <Act No. 9990, Jan. 27, 2010>

This Act shall enter into force on January 1, 2011.

Addenda <Act No. 9999, Feb. 4, 2010; Revision of the Act on the Repair, etc., of Cultural Properties>

Article 1 (Enforcement Date)

This Act shall enter into force one year after its promulgation.

Articles 2 through 7 Omitted.

Article 8 (Revision of Other Laws)

(1) Omitted.
(2) Parts of the Employment Insurance Act shall be revised as follows :
“Article 27 of the Act on the Protection of Cultural Properties” in Article 15 (2) 6 shall be changed to “Article 14 of the Act on the Repair, etc., of Cultural Properties”.

Article 9 Omitted.

Addenda <Act No. 10337, May 31, 2010; Revision of the Workers Vocational Skills Development Act>

Article 1 (Enforcement Date)

This Act shall enter into force three months after its promulgation.

Articles 2 through 6 Omitted.

Article 7 (Revision of Other Laws)

(1) Omitted.
(2) Parts of the Employment Insurance Act shall be revised as follows :
“Articles 16 (4) and (5) and 25 (3) and (4) of the Workers Vocational Skills Development Act” in Article 35 (3) shall be changed to “the provisions of Article 55 (1) and (2) and Article 56 (1) and (3) of the Workers Vocational Skills Development Act”.
(3) through (12) Omitted.

Article 8 Omitted.

Addenda <Act No. 10339, Jun. 4, 2010; Revision of the Government Organization Act>

Article 1 (Enforcement Date)

This Act shall enter into force one month after its promulgation.

Article 2 through 3 Omitted.

Article 4 (Revision of Other Laws)

(1) through (11) Omitted.
(12) Parts of the Employment Insurance Act shall be revised as follows :
“Minister of Labor” in proviso of subparagraph 5 of Article 2, Article 3, Article 7 (4), Article 11 (1) and (2), Article 11-2 (1) through (3), Article 12, Article 15 (1), (2), (4) and (6), Article 16 (1), Article 17 (1) through (3), Article 19 (1) and (2), Article 20, Article 21 (1) through (3), Article 22, Article 23, Article 24 (1) and (2), Article 25 (1), Article 26, Article 27, Article 28, Article 29 (1) through (3), Article 30, Article 31 (1) and (2), Article 32 (1) and (2), Article 33 (1) and (2), Article 34, Article 35 (1), (2) and (4), Article 36, Article 53 (1) and (2), Article 60 (1) 3, Article 60 (2) through (4), proviso of Article 63 (3), Article 65 (3), Article 70 (1), Article 75, Article 78 (1), Article 79 (1) and (3), Article 109 (1), (2) and (4), Article 110 (1), Article 111, Article 112 (1), Article 114 (1) through (3), Article 115 and Article 118 (4) shall be changed to “Minister of Employment and Labor”.
“Ministry of Labor” in Article 7 (1) and Article 99 (1) shall be changed to “Ministry of Employment and Labor”.
“Vice Minister of Labor” in Article 7 (4) shall be changed to “Vice Minister of Employment and Labor”.
“Ordinance of the Ministry of Labor” in Article 15 (2), Article 15 (4) through (6), Article 18, Article 35 (2), proviso of Article 44 (2), Article 51 (3), proviso of Article 53 (1), Article 55 (5), subparagraph 1 B and 2 C of Article 58, Article 62 (1), Article 66 (2), Article 67 (2), Article 70 (3), Article 71, Article 76 (3) and Article 112 (2) shall be changed to “Ordinance of the Ministry of Employment and Labor”.
(13) through (82) Omitted.

Article 5 Omitted.

Addenda <Act No. 10895, Jul 21, 2011>

Article 1 (Enforcement Date)

This Act shall enter into force six months after its promulgation : Provided that the amended provisions of subparagraph 5 of Article 2 shall enter into force on the date of its promulgation, and the amended provisions of Article 26-2, Article 50 (5), Article 70, Article 73-2, Article 74 and Article 113-2 shall enter into force two months after its promulgation.

Article 2 (Applicability Concerning Restrictions on Payment of Subsidies)

Among the amended provisions of Article 26-2, matters concerning the payment of employment retention subsidies shall apply to cases where a plan for employment retention measures is reported after this Act enters into force, and matters concerning the payment of other subsidies shall apply to cases where the relevant workplace employs any worker after this Act enters into force.

Article 3 (Applicability Concerning Prescribed Number of Benef it Days)

The amended provisions of Article 50 (5) shall apply to persons whose acquisition of insured status is confirmed under Article 17 after this Act enters into force.

Article 4 (Transitional Measures Concerning Child-Care Leave Benefits)

In paying child-care leave benefits to a worker who has obtained permission to work shorter hours during a child-rearing period and is in the middle of that period at the time of the enforcement of this Act, pursuant to Article 70 (1), the amended provisions of Article 70 (1) 2 shall apply to the period during which working hours are reduced after this Act enters into force.

Article 5 (Transitional Measures Concerning Benefits for Working Hour Reduction During Child-Rearing Periods)

With regard to a worker who has obtained permission to work shorter hours during a child-rearing period and is in the middle of that period at the time of the enforcement of this Act, the amended provisions of Article 73-2 shall apply to the period during which working hours are reduced after this Act enters into force.

Supplementary Provisions <No. 19591, 2023.8.8.> (National Heritage Maintenance Law)

Aticle 1 to 6

Article 1 (Effective Date) This Act shall come into effect on May 17, 2024.

Article 2 to Article 4 [Omitted]

Article 5 (Amendment of Other Laws)
① [Omitted]
② Amend part of the Employment Insurance Act as follows:
Amend Article 15, Paragraph 2, Subparagraph 6 as follows:
6. "National heritage maintenance business operator" under Article 14 of the National Heritage Maintenance Law.
③ to ⑤ [Omitted]

Article 6 [Omitted]

Enforcement Ordinance

Supplementary Provisions

Article 1 (Effective Date) This ordinance shall come into effect on July 1, 2024.

Article 2 (Application Example Regarding Payment of Task Division Support Funds) The amended provisions of Article 29, Paragraph 1, Subparagraph 4, and the same Article, Paragraphs 4, 5, and Subparagraph 3 of Paragraph 6 apply from the time a task divider is designated after the enforcement of this ordinance.

Article 3 (Application Example Regarding Calculation of Reduced Working Hours Pay During Childcare) The amended provision of Article 104-2, Paragraph 2 applies also to the remaining period of reduced working hours during childcare that began before the enforcement of this ordinance, if approved.

Article 4 (Transitional Measures Regarding Payment of Employment Promotion Incentives) For employers who are employing unemployed persons as insured persons at the time of enforcement of this ordinance according to the former Subparagraph 4 of Paragraph 1 of Article 26, the employment promotion incentive will be paid in accordance with the former provisions notwithstanding the amended provisions of Subparagraph 4 of Paragraph 1 of Article 26.


For further questions, please
call (+82) 2-539-0098 or email bongsoo@k-labor.com

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