The purpose of this Decree is to stipulate matters delegated by the Employment Insurance Act and particulars necessary for its enforcement.

"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 ]

(1) Those representing workers 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 each of nationwide organizations of workers and employers. [Amended by Presidential Decree No. 22269, Jul. 12, 2010 and Presidential Decree No. 22603, Dec. 31, 2010]
(2) Those representing the public interest referred to in Article 7 (4) 3 of the Act shall be commissioned by the Minister of Employment and Labor from among people with significant knowledge and experience in employment insurance and overall employment and labor. [Amended by Presidential Decree No. 22269, Jul. 12, 2010]
(3) Those representing the government referred to in Article 7 (4) 4 of the Act shall be appointed by the Minister of Employment and Labor from among public officials belonging to the group of senior civil servants of a central administrative agency relating to employment insurance. [Amended by Presidential Decree No. 22269, Jul. 12, 2010]
[This Article Newly Inserted by Presidential Decree No. 21348, Mar. 12, 2009]

(1) The term of office of a member commissioned under Article 7 (4) 1 through 3 of the Act shall be two years：Provided that the term of office of a substitute member who fills the vacancy of a member shall be the remaining term of office of the member he/she replaces.
(2) Where the member commissioned pursuant to Article 1-3 (1) and (2) falls under any of the following, the Minister of Employment and Labor may dismiss the relevant member:
1. Where he/she is unable to perform his/her duties due to mental disorder;
2. Where there is a misdeed relevant to his/her duties;
3. Where he/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/her intention that it is difficult to perform his/her duties.
<This Article Newly Inserted by Presidential Decree No. 21348, Mar. 12, 2009>

(1) The chairperson of the Employment Insurance Committee (hereinafter referred to as “the Committee”) under Article 7 shall represent the Committee and generally manage the affairs of the Committee.
(2) If the chairperson is unable to perform his/her duties for inevitable reasons, a member designated by the chairperson in advance shall act on his/her behalf.
[This Article Newly Inserted by Presidential Decree No. 21348, Mar. 12, 2009]

(1) The chairperson shall convene and chair meetings of the Committee.
(2) A meeting of the Committee shall be held with attendance of a majority of all members and a decision shall be taken with approval of a majority of the members present.
[This Article Newly Inserted by Presidential Decree No. 21348, Mar. 12, 2009]

(1) The Committee shall have the expert committee on employment insurance operation and the expert committee on employment insurance assessment pursuant to Article 7 (5) of the Act.
(2) Each expert committee shall be composed of less than 15 members including a chairperson.
(3) The chairperson of the Committee shall appoint or commission the chairperson of each expert committee from among the members of the Committee, and appoint or commission the members of each expert committee from among people falling under any of the following subparagraphs：
1. People with academic knowledge and experience in social insurance, including employment insurance, and recommended by nationwide organizations of workers and employers；
2. People with plenty of academic knowledge and experience in social insurance, including employment insurance；and
3. Public officials of Grade III or IV from a central administrative agency relating to employment insurance
(4) The chairperson of each expert committee shall report to the Committee the results of examination and coordination in regard to the matters deliberated on by the expert committee pursuant to Article 7 (5) of the Act.
(5) The provisions of Articles 1-4 through 1-6 shall apply mutatis mutanids to each expert committee. 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 by Presidential Decree No. 21348, Mar. 12, 2009]

(1) In order to investigate and study technical matters concerning employment insurance, the Committee may have less than five survey or research members.
(2) The survey or research members shall be commissioned by the chairperson of the Committee from among those with plenty of knowledge and experience in employment insurance.
[This Article Newly Inserted by Presidential Decree No. 21348, Mar. 12, 2009]

The Committee or expert committees (hereinafter referred to as “Committee, etc.”), if it is deemed necessary for deliberating on their agenda items, may ask a related administrative agency or organization to submit materials, or a related person, such as public officials, experts, etc., to show up and give his/her opinions.
[This Article Newly Inserted by Presidential Decree No. 21348, Mar. 12, 2009]

The Committee, etc., shall each have one secretary appointed by the chairperson from among public officials of the Ministry of Employment and Labor. [Amended by Presidential Decree No. 22269, Jul. 12, 2010]
[This Article Newly Inserted by Presidential Decree No. 21348, Mar. 12, 2009]

A member who attends a meeting of the Committee, etc., or submits his/her opinions after reviewing the meeting agenda may be paid allowances and travel expenses within the limits of available budgets：Provided that if the member is a public official directly related to the work he/she is responsible for, such allowances and travel expenses shall not be paid.
[This Article Newly Inserted by Presidential Decree No. 21348, Mar. 12, 2009]

Matters necessary for the operation of the Committee, etc., except those provided by this Decree, shall be determined by the chairperson of the Committee after decision by the Committee.
[This Article Newly Inserted by Presidential Decree No. 21348, Mar. 12, 2009]

(1) "Types of employing units prescribed by Presidential Decree" in the proviso to Article 8 of the Act means any of the following business:

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 by Article 2 (1) 2 of the Enforcement Decree of the Act on the Collection of Insurance Premiums, etc. for Employment Insurance and Industrial Accident Compensation Insurance (hereafter referred to as "total construction costs" in this Article) 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 plan or design (including cases where there is an actual change in its plan or design) or where a construction project becomes subject to the blanket application pursuant to Article 8 (1) or (2) of the Act on the Collection of Insurance Premiums, etc. for Employment Insurance and Industrial Accident Compensation Insurance (hereinafter referred to as the "Insurance Premium Collection Act"), all provisions of the Act shall become applicable to such project on the day when such event occurs.

(1) "Person whose contractual working hours are shorter than the minimum hours prescribed by Presidential Decree" in Article 10 (1) 2 of the Act means a person whose contractual monthly working hours are less than 60 hours (including a person whose contractual weekly working hours are less than 15 hours): Provided, That a person who works for at least three consecutive months and a daily hire employee defined in subparagraph 6 of Article 2 of the Act (hereinafter referred to as "daily hire employee") shall be excluded therefrom.

(2) "Other person prescribed by Presidential Decree" in Article 10 (1) 5 of the Act means an employee of a special post office under the Special Post Offices Act.

(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]

(1) An employer may appoint his/her agent and have the agent implement the matters that he/she is required to implement pursuant to the Act and this Decree.
(2) When an employer appoints or dismisses his/her agent, he/she shall report this to the Minister of Employment and Labor under the conditions prescribed by the Ordinance of the Ministry of Employment and Labor. [Amended by Presidential Decree No. 22269, Jul. 12, 2010]
Article 11 (Surveys and Research relating to Insurance)
(1) The Minister of Employment and Labor may conduct surveys and research in order to study the labor market, occupations and vocational skills development and support insurance-related work. [Amended by Act No. 10339, Jun. 4, 2010]
(2) The Minister of Employment and Labor, if it is deemed necessary, may entrust part of the functions referred to in paragraph (1) to be carried out by a person prescribed in the Presidential Decree. [Amended by Act No. 10339, Jun. 4, 2010]

(1) The Minister of Employment and Labor shall systematically administer and operate the statistics related to employment insurance (hereinafter referred to as “employment insurance statistics”) that are obtained through surveys and research under Article 11 of the Act and the operation of employment insurance. [Amended by Presidential Decree No. 22269, Jul. 12, 2010]
(2) The Minister of Employment and Labor may have personnel specializing in employment insurance statistics in order to systematically manage and operate employment insurance statistics. [Amended by Presidential Decree No. 22269, Jul. 12, 2010]
(3) Necessary matters concerning qualifications, services and remunerations for the personnel specializing in employment insurance statistics shall be determined by the Minister of Employment and Labor. [Amended by Presidential Decree No. 22269, Jul. 12, 2010]

(1) The Minister of Employment and Labor, pursuant to Article 11 (2) of the Act, may have insurance-related research institutes established pursuant to Article 8 of the Act on the Establishment, Operation and Fosterage of Government-Invested Research Institutions or the Korea Employment Information Service established pursuant to Article 18 of the Framework Act on Employment Policy carry out surveys and research programs to support labor market research and work related to employment insurance (hereinafter referred to as the “insurance”). [Amended by Presidential Decree No. 21928, Dec. 30, 2009, Presidential Decree No. 22269, Jul. 12, 2010 and Presidential Decree No. 24333, Jan. 25, 2013]
1. An insurance-related research institute established pursuant to Article 8 of the Act on the Establishment, Operation and Fostering of Government-Funded Research Institutions, etc；
2. The Korea Employment Information Service established pursuant to Article 18 of the Framework Act on Employment Policy；
3. Schools falling under Article 2 of the Higher Education Act (including their affiliated research institutions)；
4.　Private research institutions that can carry out survey and research on labor market, jobs, vocational skills development and insurance related tasks.
(2) Where the Minister of Employment and Labor has an agent execute affairs pursuant to paragraph (1), he/she may support the expenses required for the necessary survey, research, management and operation, etc., from the employment insurance fund (hereinafter referred to as the “fund”). [Amended by Presidential Decree No. 22269, Jul. 12, 2010]

(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 referred to as "assessment institution" in this Article) 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, Etc.;

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) Necessary matters concerning specific work, designated period, etc. of an assessment institution shall be determined and publicly announced by the Minister of Employment and Labor.

[This Article Newly Inserted on Mar. 12, 2009]