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 shall be as follows：
1. Early reemployment allowances；
2. Vocational skills development allowances；
3. Wide-area job-seeking allowances；and
4. Moving allowance.
Article 37-2 (Unemployment Benefits Account)
(1) Where there exists an application from an unemployed person who qualifies as an eligible beneficiary under Article 43, the director of an employment security center shall deposit unemployment benefits into the confirmed account under the name of the qualified recipient (hereinafter referred to as an unemployment benefits account).
(2) The relevant financial institutions for the unemployment benefits account shall direct the management of the benefits so that only the unemployment benefits pursuant to this Act be deposited to an unemployment benefits account.
(3) The application methods and process pursuant to the paragraph (1) and the matters concerning management of unemployment benefits account pursuant to the paragraph (2) shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 13041, Jan. 20, 2015]
[Implemented Apr. 21, 2015]

Article 38 (Protection of Right to Receive Benefits)

(1) No right to receive unemployment benefits may be transferred, seized or pledged. [Amended by Act No. 13041, Jan. 20, 2015]
(2) Among the deposit in an unemployment benefits account designated pursuant to Article 37 (2) 1, any bond that does not exceed the amount prescribed by Presidential Decree shall not be repossessed. [Newly Inserted by Act No. 13041, Jan. 20, 2015]
[Implemented Apr. 21, 2015]

Article 38-2 (Exemption from Public Imposts)

Public charges to the State or a local government (the public charges pursuant to Article 2 (8) of the Framework Act on National Taxes or Article 2 (1) 26 of the Local Tax Act) shall not be imposed on money or valuable goods provided as unemployment benefits.
[This Article Newly Inserted by Act No. 11662, Mar. 22, 2013]

Article 39 (Extension of Application Period of Unemployment Benefits)

If an insured person who was separated from employment before the age of 65 reaches the age of 65 without job, resulting from the separation, the provisions of this Chapter shall apply notwithstanding the provisions of subparagraph 1 of Article 10.

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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 number of days that such insured employee has worked during the one-month period before the date of applying for recognition of eligibility for benefits under Article 43 shall be less than 10 days;

(b) An insured employee shall be a daily hire employee working in the construction industry (referring to a person who is a daily hire employee and has worked, at the time of 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 41 (Unit Period of Insurance)

(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 (Report of Unemployment)

(1) Those who intend to apply for job-seeking benefits shall, upon job-leaving, report his or her unemployment, without delay, to an employment security office.

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

(3) A person who intends to report his 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

Enforcement Ordinance

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.

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Article 45 (Basic Daily Wages for 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 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 (Report on Work during Unemployment Period)

(1) If an eligible recipient has employed refer to standard prescribed by the Ordinance of the Ministry of Employment and Labor during the period (hereinafter referred to as the “period subject to recognition of unemployment”) with respect to which he/she intends to obtain recognition of unemployment, he/she shall report the fact to the head of an Employment Security Office.
(2) The head of an Employment Security Office may, if deemed necessary, investigate whether an eligible recipient has worked during the period subject to recognition of unemployment.
<Title of this Article Amended by Act No. 10895, Jul. 21, 2011>

Enforcement Ordinance

Article 48 (Benefit Period and Number of Benefit Days)

(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

Enforcement Ordinance

Article 49 (Waiting Period)

Notwithstanding the provisions of Article 44, job-seeking benefits shall not be paid for 7 days beginning from the date of the report of unemployment under Article 42, which is considered a waiting period. Provided that, regarding a person who was a daily construction worker at the time of final separation, job-seeking benefits shall be paid, calculated based on the period beginning from the date of the report of unemployment under Article 42.

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 (Benefit for Extended Training)

(1) The head of an Employment Security Office may instruct an eligible recipient to take training if vocational skills development training is necessary for re-employment given his/her age and experience.
(2) The head of an Employment Security Office, instructing an eligible recipient to take vocational skills development training pursuant to paragraph (1), may make an extended payment of job-seeking benefits in excess of the prescribed number of benefit days for the days recognized as days of unemployment during the period of the eligible recipient receiving the vocational skills development training concerned. In this case, the payment period of extended job-seeking benefits (hereinafter referred to as the “benefits for extended training”) shall be limited to the period prescribed in the Presidential Decree.
(3) Training participants and training courses under paragraph (1) and other necessary matters shall be prescribed in the Ordinance of the Ministry of Employment and Labor. [Amended by Act No. 10339, Jun. 4, 2010]

Enforcement Ordinance

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 53 (Special Extended Benefit)

(1) The Minister of Employment and Labor may make an extended payment of job-seeking benefits not in excess of 60 days for the days for which an eligible recipient remains unemployed for a period exceeding the prescribed number of benefit days, in case where causes prescribed in the Presidential Decree, such as sharp increases in unemployment, etc., have occurred：Provided that the extended job-seeking benefits shall not be paid to an eligible recipient, etc. prescribed in the Ordinance of the Ministry of Employment and Labor, who earns a certain level of income for livelihood stability after separation. [Amended by Act No. 10339, Jun. 4, 2010]
(2) The Minister of Employment and Labor shall designate a certain period during which he/she intends to offer extended job-seeking benefits (hereinafter referred to as the “special extended benefit”) as provided by the main text of paragraph (1). [Amended by Act No. 10339, Jun. 4, 2010]

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

(1) If extended benefits referred to in Article 51 through 53 are paid, the benefit period of the eligible recipient shall be calculated by adding the extended number of days of job-seeking benefits to the benefit period of the eligible recipient under the provision of Article 48.
(2) If benefits for extended training referred to in Articles 51 are paid, the daily amount shall be 100/100 of the daily job-seeking benefit of the eligible recipient concerned, and if individual extended benefits or special extended benefits referred to in Articles 52 or 53 are paid, the daily amount shall be 70/100 of the daily job-seeking benefit of the eligible recipient. [Amended by Act No. 8959, Mar. 21, 2008]
(3) If the daily job-seeking benefit calculated pursuant to the provision of paragraph (2) is lower than the minimum daily job-seeking benefit under of Article 46 (2), the minimum daily job-seeking benefit shall be the daily job-seeking benefit of the eligible recipient concerned.

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

(1) Extended benefit provided in Articles 51 through 53 shall be offered after the termination of the payment of job-seeking benefit to which the eligible recipient is entitled under the provisions of Article 48.
(2) Individual extended benefit and special extended benefit shall not be offered to an eligible recipient with entitlement to benefit for extended training unless the payment of benefit for extended training is terminated.
(3) Either individual extended benefit or special extended benefit shall not be offered in case where an eligible recipient who receives either of them acquires an entitlement to benefit for extended training.
(4) Individual extended benefit shall not be offered to an eligible recipient who receives special extended benefit, until the payment of the special extended benefit is terminated, and special extended benefit shall not be offered to an eligible recipient who receives individual extended benefit, until the payment of the individual extended benefit is terminated.
(5) Other matters necessary for mutual adjustment between extended benefits shall be prescribed in the Ordinance of the Ministry of Employment and Labor. [Amended by Act No. 10339, Jun. 4, 2010]

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

(1) The Minister of Employment and Labor may provide support for part of pension premiums of national pension to a person who intends to include the period during which the job seeker's allowance is received pursuant to Article 19-2 (1) of the National Pension Act in the insured period of cover.
(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 by Act No. 14233, May 29, 2016>

Article 56 (Date and Method of Payment)

(1) Job-seeking benefit shall be paid for the recognized number of days of unemployment under the conditions prescribed by the Presidential Decree.
(2) The head of an Employment Security Office shall decide the date on which job-seeking benefit is to be paid and notify the eligible recipient of it.

Enforcement Ordinance

Article 57 (Unpaid Job-seeking Benefit)

(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.

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Enforcement Ordinance

Article 58 (Restrictions on Eligibility for Benefits due to Causes of Separation)

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 60 (Restrictions on Benefit Payment due to Refusal to Receive Training, etc.)

(1) In case an eligible recipient refuses to accept the job introduced by the head of an Employment Security Office or to receive the vocational skills development training, etc., designated by the head of an Employment Security Office, the payment of job-seeking benefits shall be suspended under the conditions prescribed in the Presidential Decree：Provided that if there are justifiable reasons described in any of the following subparagraphs, this shall not apply：[Amended by Act No. 10339, Jun. 4, 2010]
1. In case the job offered or the kind of occupation in which the vocational skills development training, etc., is designated, is not suitable to the ability of the eligible recipient；
2. In case moving a house is necessary to accept the employment or to receive the vocational skills development training, etc., but such house moving is difficult；
3. In case the wage level of the offered job falls under the criteria determined by the Minister of Employment and Labor, such as when it is 20 percent or more lower than that of ordinary wages for the same kind of occupation or the same level of skill in the same region, etc.；and
4. In case there are other justifiable reasons.
(2) In case an eligible recipient refuses without a justifiable reason to receive the vocational guidance for the promotion of reemployment conducted by the head of an Employment Security Office in accordance with the standards set by the Minister of Employment and Labor, the payment of job-seeking benefits shall be suspended under the conditions prescribed in the Presidential Decree. [Amended by Act No. 10339, Jun. 4, 2010]
(3) Whether there are justifiable reasons under the proviso of paragraph (1) and paragraph (2) shall be decided by the head of an Employment Security Office in accordance with the standards determined by the Minister of Employment and Labor. [Amended by Act No. 10339, Jun. 4, 2010]
(4) The suspension period of job-seeking benefit as provided by the provisions of paragraphs (1) and (2) shall be determined and notified by the Minister of Employment and Labor, and not exceed one Month. [Amended by Act No. 10339, Jun. 4, 2010]

Enforcement Ordinance

Article 61 (Restrictions on Benefit Payment due to Fraudulent 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

Enforcement Ordinance

Article 62 (Return Order, etc.)

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

(2) Where the head of an employment security office orders a person to return job-seeking benefits pursuant to paragraph (1), the head may, as prescribed by Ordinance of the Ministry of Employment and Labor, collect from the person an additional amount not exceeding two times the job-seeking benefits that the person has received by fraud or other improper means: Provided, That where the person has received the job-seeking benefits by fraud or other improper means by conspiring (referring to where a reason imputable to the business owner, such as a wrong declaration, report, certification, etc. by the business owner, is included 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 Case on Disease, etc.)

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

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

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

(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

Enforcement Ordinance

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

Enforcement Ordinance

Enforcement Ordinance

Enforcement Ordinance

Article 65 (Vocational Skills Development Allowance)

(1) Vocational skills development allowances shall be paid for the period of vocational skills development training, etc., if the eligible recipient receives the vocational skills development training, etc., designated by the head of an Employment Security Office.
(2) Notwithstanding the provisions of paragraph (1), vocational skills development allowances shall not be paid for the period during which the payment of job-seeking benefit is suspended under paragraphs (1) and (2) of Article 60.
(3) The requirements for and amount of vocational skills development allowances shall be prescribed in the Presidential Decree. In this case, the amount of vocational skills development allowances may be differently set for the vocational skills development training, etc., in the kinds of occupations recognized and announced as especially essential by the Minister of Employment and Labor in consideration of the situations of manpower supply and demand. [Amended by Act No. 10339, Jun. 4, 2010]

Enforcement Ordinance

Enforcement Ordinance

Article 67 (Moving Allowance)

(1) Moving allowances may be paid, if the eligible recipient moves to other places to be employed or to receive the vocational skills development training, etc., designated by the head of an Employment Security Office and the head of the Employment Security Office deems it necessary in accordance with the standards prescribed by the Presidential Decree.
(2) The amount of moving allowances shall be the expenses normally required for moving the household of the eligible recipient, but calculated as prescribed by the Ordinance of the Ministry of Employment and Labor. [Amended by Act No. 10339, Jun. 4, 2010]

Enforcement Ordinance

Article 68 (Restrictions on Payment of Employment Promotion Allowance)

(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 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

SECTION 4 Special Cases of the Applicationof Unemployment Benefits for Self-employedInsured Persons

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

Types of unemployment benefits for self-employed insured persons shall be governed by Article 37：Provided that extended benefits under Articles 51 through 55 and early reemployment allowances under Article 64 shall be excluded.
[This Article Newly Inserted by Act No. 10895, Jul. 21, 2011]

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

Job-seeking benefits shall be payable where an insured self-employed person who has closed his 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 Wages)

(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 (Prescribed Number of Benefit Days)

The prescribed number of benefit days of an eligible recipient who as a self-employed insured person has shut down his/her business shall be counted from the day following the end of the waiting period under Article 49 until it reaches the number of days set forth in the attached Table 2 according to insured period.
[This Article Newly Inserted by Act No. 10895, Jul. 21, 2011]

Article 69-7 (Restrictions on Eligibility for Benefits Due to Causes of Business Shutdown)

Notwithstanding Article 69-3, if the head of an Employment Security Office recognizes that a self-employed insured person who has shut down his/her business falls under any of the following subparagraphs, that person shall be deemed ineligible for benefits：
1. Where he/she has shut down his/her business as revocation of permission or suspension of business was imposed for violating Acts and subordinate statutes；
2. Where he/she has shut down his/her business due to any serious cause attributable to the insured person him/herself, such as arson, and prescribed by the Ordinance of the Ministry of Employment and Labor；
3. Where he/she has shut down his/her business in order to transfer to another business or start a self-employed business again due to a cause not prescribed by the Ordinance of the Ministry of Employment and Labor, such as a sharp fall in sales, etc.；and
4. Where he/she has shut down his/her business due to a cause that does not constitute any other justifiable cause prescribed by the Ordinance of the Ministry of Employment and Labor.
[This Article Newly Inserted by Act No. 10895, Jul. 21, 2011]

Article 69-8 (Restrictions on Payment of Unemployment Benefits to Self-Employed Insured Persons)

The Minister of Employment and Labor may not pay unemployment benefits under this Chapter to those who have failed to pay insurance premiums, as prescribed by the Ordinance of the Ministry of Employment and Labor.
[This Article Newly Inserted by Act No. 10895, Jul. 21, 2011]

Article 69-9 (Application Mutatis Mutandis)

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

(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

Enforcement Ordinance