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

(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

Enforcement Ordinance

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 in the absence of good cause.

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 Date: Jan. 1, 2022] Article 77-7

Enforcement Ordinance

Enforcement Ordinance

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 Employment Insurance Premiums 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 if the amount of such remuneration is less than the lowest amount of standard remuneration among the daily standard remuneration of workers provided in Article 3 of the Act on the Collection of Insurance Premiums for Employment in Labor as at the time of job-leaving, the daily amount of 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 (2) 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) Job-seeking benefits shall not be payable to workers for seven days regarded as waiting period beginning from the date of reporting unemployment under Article 42: 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 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 77-9 (Maternity Benefits of Insured Workers)

(1) Where an 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]

Enforcement Ordinance

Enforcement Ordinance

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 through 44, 47, 48, 50, 56 through 58 and 60 through 63 shall apply mutatis mutandis to job-seeking benefits of workers. In such cases, "for 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 the same Article as "Article 47".

(3) Article 62 shall apply mutatis mutandis to the maternity benefits, etc. of workers, and Articles 87 through 112 shall apply mutatis mutandis to a worker’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 "worker," "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-3", "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 Jan. 5, 2021]