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) 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) Notwithstanding Article 18, where an artist has entered into an employment contract, contract related to culture and arts services, or labor contract under Article 77-6 (1) with at least two covered employing units, he or she shall acquire insured status, as prescribed by Presidential Decree.

(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.

[This Article Newly Inserted on Jun. 9, 2020]

Enforcement Ordinance

Enforcement Ordinance

Enforcement Ordinance

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 amount of money calculated is less than the lowest amount among the daily standard remuneration of artists under Article 3 of the Act on the Collection of Insurance Premiums for Employment at the time of job-leaving, the daily amount of the 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) The artist shall not be paid job-seeking benefits for 7 days beginning from the date of the report on unemployment under Article 42, which is considered a waiting period: Provided, That if a person has left a job for a reason prescribed in the proviso of paragraph (1) 3, no job-seeking benefits shall be paid, considering the period prescribed by Presidential Decree within the limit of four weeks as a waiting period.

(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 77-4 (Maternity Benefits of Insured Artists)

(1) Where an insured artist cannot 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]

Enforcement Ordinance

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 through 44, 47, 48, 50, 56 through 58, and 60 through 63 shall apply mutatis mutandis to job-seeking benefits for artists. In such cases, "for 18 months prior to the date of job-leaving" in Article 40 (2) 1 shall be construed as "24 months prior to 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 the same Article as "Article 47".

(3) Article 62 shall apply mutatis mutandis to the maternity benefits, etc. of artists, and Articles 87 through 112 shall apply mutatis mutandis to an artist’s request for the confirmation of insured status, examination of job-seeking benefits, maternity benefits, etc. and reexamination thereof. In such cases, "employee" shall be construed as "artist," "the Minister of Employment and Labor" as "the Minister of Employment and Labor and the head of an employment security office," "unemployment benefits" as "job-seeking benefits", "the job-seeking benefits under Chapter IV" as "job-seeking benefits under Chapter V-2", "maternity leave benefits, etc." as "maternity benefits, etc.," "business owner" as "business owner and person required to report the insured status," and "business place" as "business place and office of a person required to report the acquisition of insured status", respectively. "

[This Article Newly Inserted on Jun. 9, 2020]

Enforcement Ordinance