EMPLOYMENT INSURANCE ACT

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

CHAPTER I General Provisions

Article 1 (Purpose)

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

Enforcement Ordinance

Article 1 (Purpose)

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

Article 2 (Definition)

The definitions of terms used in this Act are as follows:

1. The term “insured” means any of the following persons:

(a) Employees, artists or workers, who are insured or deemed insured under Articles 5 (1) and (2), 6 (1), 8 (1) and (2), 48-2 (1), and 48-3 (1) of the Act on the Collection of Insurance Premiums, etc., for Employment Insurance and Industrial Accident Compensation Insurance (hereinafter referred to as "Act on the Collection of Insurance Premiums for Employment Insurance and Industrial Accident Compensation Insurance");

(b) A self-employed person who is insured or deemed to be insured pursuant to Article 49-2 (1) and (2) of the Act on the Collection of Insurance Premiums for Employment Insurance and Industrial Accident Compensation Insurance (hereinafter referred to as "insured self-employed person");

2. The term "job-leaving" means the termination of employment relationship between the insured and the employer (referring to the termination of a contract related to culture and arts services or a labor contract in the case of an artist under Article 77-2 (1) and a worker under Article 77-6 (1));

3. The term "unemployment" means the state of being unemployed despite being able and willing to work;

4. The term "recognition of unemployment" means confirmation by the head of an employment security office that an unemployed person who qualifies as an eligible recipient under Article 43 is actively seeking employment;

5. The term "remuneration" means the amount calculated by subtracting money and valuables prescribed by Presidential Decree from the earned income prescribed in Article 20 of the Income Tax Act: Provided, That money and valuables prescribed and publicly notified by the Minister of Employment and Labor shall be deemed to be remuneration, among those accepted from persons other than a business owner during the period of layoff or under similar conditions;

6. The term "daily hire employee" means a person who is employed for less than one month.

Enforcement Ordinance

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

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

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

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

Article 3 (Management of Insurance)

The Minister of Employment and Labor shall take charge of managing employment insurance (hereinafter referred to as “insurance”). [Amended by Act No. 10339, Jun. 4, 2010]

Article 4 (Employment Insurance Programs)

(1) In order to achieve the purpose of Article 1, employment insurance programs (hereinafter referred to as “insurance programs”:) shall be conducted in the areas of employment security and vocational skills development projects, unemployment benefits, child-care leave benefits, maternity leave benefits, etc. [Amended by Act No. 11274, Feb. 1, 2012]
(2) The insurance year for employment insurance programs shall be the same as the fiscal year of the Government.
Article 5 (Assistance from State Treasury)
(1) The State shall bear a part of the expenses required annually for insurance programs through its general account. [Amended by Act No. 13041, Jan. 20, 2015]
(2) The State may bear the expenses required for the management and operation of insurance programs within the limits of its annual budget.

Article 5 (Assistance from State Treasury)

(1) The State shall bear a part of the expenses required annually for insurance programs through its general account.
(2) The State may bear the expenses required for the management and operation of insurance programs within the limits of its annual budget.

Article 6 (Insurance Premiums)

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

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

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

Article 7 (Employment Insurance Committee)

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

(2) The Committee shall deliberate on the following matters:

1. Matters concerning improvement of an insurance system and insurance programs;

2. Matters concerning the determination of insurance premium rates under the Act on the Collection of Insurance Premiums for Employment Insurance and Industrial Accident Compensation Insurance;

3. Matters concerning evaluation of insurance programs under Article 11-2;

4. Matters concerning establishment of plans for operating funds and the results thereof under Article 81;

5. Other matters the Chairperson deems it necessary to deliberate upon by the Committee in relation to an insurance system and insurance programs.

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

(4) The Vice Minister of Employment and Labor shall be the Chairperson of the Committee, and its members shall be appointed or commissioned by the Minister of Employment and Labor from among the following persons in the same number, respectively:

1. Any representative of employees;

2. Any representative of employers;

3. Any representative of the public interest;

4. Any representative of the Government.

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

(6) Composition and operation of the Committee and other necessary matters shall be prescribed by Presidential Decree.

[This Article Wholly Amended on Dec. 31, 2008]

Enforcement Ordinance

Article 1-3 (Employment Insurance Committee)

(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]

Enforcement Ordinance

Article 1-4 (Term of Office, etc. of Members)

(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>

Enforcement Ordinance

Article 1-5 (Duties of Chairperson)

(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]

Enforcement Ordinance

Article 1-6 (Meeting)

(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]

Enforcement Ordinance

Article 1-7 (Expert Committee)

(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]

Enforcement Ordinance

Article 1-8 (Survey or Research Members)

(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]

Enforcement Ordinance

Article 1-9 (Request for Cooperation)

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]

Enforcement Ordinance

Article 1-10 (Secretary)

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]

Enforcement Ordinance

Article 1-11 (Allowances for Members)

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]

Enforcement Ordinance

Article 1-12 (Detailed Rules for Operation)

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]

Article 8 (Scope of Application)

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

(2) This Act shall apply to employing units provided with labor from artists pursuant to Article 77-2 (1) or workers pursuant to Article 77-6 (1), limited to the matters prescribed in Chapter V-2 or V-3, respectively.

Enforcement Ordinance

Article 2 (Scope of Application)

(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.

Article 9 (Establishment and Termination of Insurance Relationships)

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

Article 10 (Exclusion from Application)

(1) This Act shall not apply to any of the following persons:

1. Deleted;

2. A person whose contractual working hours are less than the minimum number of hours prescribed by Presidential Decree;

3. A public official prescribed in the State Public Officials Act or the Local Public Officials Act: Provided, That public officials in extraordinary civil service and public officials in a fixed term position prescribed in Article 26-5 of the State Public Officials Act and Article 25-5 of the Local Public Officials Act may purchase employment insurance (limited to Chapter IV) at their own will, as prescribed by Presidential Decree;

4. A person subject to the Pension for Private School Teachers and Staff Act;

5. Any other person prescribed by Presidential Decree.

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

[Title Amended on Jun. 4, 2013]

Article 10-2 (Application for Foreign Workers)

(1) This Act shall apply to foreign workers who are subject to the Act on Foreign Workers’ Employment, etc. Provided that Chapter 4 and Chapter 5 shall apply only when there is an application pursuant to provisions of an Ordinance of the Ministry of Employment and Labor.
(2) All or part of this Act shall apply to foreign workers other than as prescribed in paragraph 1.

Enforcement Ordinance

Article 3 (Employees Exempt from Application)

(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.

Enforcement Ordinance

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

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

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

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

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

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

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

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

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

[Title Amended on Nov. 20, 2013]

Enforcement Ordinance

Article 4 (Agent)

(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]

Enforcement Ordinance

Article 5 (Administration, etc. of Employment Insurance Statistics)

(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]

Enforcement Ordinance

Article 6 (Execution of Affairs by Proxy)

(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]

Article 11-2 (Assessment of Insurance Programs)

(1) The Minister of Employment and Labor shall assess insurance programs regularly and systematically. [Amended by Act No. 10339, Jun. 4, 2010]
(2) The Minister of Employment and Labor may refer the assessment under paragraph (1) to an organization prescribed by the Presidential Decree in order to secure the expertise of the assessment under paragraph (1). [Amended by Act No. 10339, Jun. 4, 2010]
(3) The Minister of Employment and Labor shall adjust insurance programs and establish the fund management plan under Article 81 in a way to reflect the results of the assessment under paragraphs (1) and (2). [Amended by Act No. 10339, Jun. 4, 2010]
[This Article Newly Inserted by Act No. 9315, Dec. 31, 2008]

Enforcement Ordinance

Article 6-2 (Insurance Activity Assessment Institution)

(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]

Article 12 (International Exchange and Cooperation)

The Minister of Employment and Labor may carry out exchange and cooperation programs with international organizations and governments or agencies of other countries with regard to insurance programs. [Amended by Act No. 10339, Jun. 4, 2010]

CHAPTER Ⅱ Management of Insured Persons

Article 13 (Date of Acquisition of Insured Status)

(1) An insured employee shall acquire insured status as of the first day of employment with an employing unit subject to this Act: Provided, That he or she shall be deemed to acquire such status on each relevant date in either of the following cases:

1. Where this Act becomes applicable to an employee who has been excluded from application under Article 10 or 10-2, the date this Act becomes applicable to such employee;

2. An employee who was employed before commencement of insurance under Article 7 of the Act on the Collection of Insurance Premiums for Employment Insurance and Industrial Accident Compensation Insurance acquires insured status as of the effective date of commencement of insurance.

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

Article 14 (Date of Loss of Insured Status)

(1) An insured employee shall lose his or her insured status on any of the following dates:

1. The date he or she becomes excluded from application under Article 10 or 10-2;

2. Where an insurance relationship ceases, the date the insurance relationship ceases under Article 10 of the Act on the Collection of Insurance Premiums for Employment Insurance and Industrial Accident Compensation Insurance;

3. Where he or she leaves a job, the date following the date of job-leaving;

4. Where he or she dies, the date following the date of death.

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

Article 15 (Reporting on Insured Status)

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

(2) With respect to an employee who works for a subcontractor, but whose business owner is a primary contractor, as prescribed in Article 9 of the Act on the Collection of Insurance Premiums for Employment Insurance and Industrial Accident Compensation Insurance, any of the following subcontractors shall file a report pursuant to paragraph (1). In such case, the primary contractor shall submit to the Minister of Employment and Labor data on the subcontractor, as prescribed by Ordinance of the Ministry of Employment and Labor:

1. A constructor prescribed in subparagraph 7 of Article 2 of the Framework Act on the Construction Industry;

2. A housing construction business operator prescribed in Article 4 of the Housing Act;

3. A constructor prescribed in subparagraph 3 of Article 2 of the Electrical Construction Business Act;

4. An information and communications construction business operator prescribed in subparagraph 4 of Article 2 of the Information and Communications Construction Business Act;

5. A firefighting system business operator prescribed in Article 2 (1) 2 of the Firefighting System Installation Business Act;

6. A cultural heritage repair business operator prescribed in Article 14 of the Act on Cultural Heritage Maintenance.

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

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

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

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

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

Enforcement Ordinance

Article 7 (Reporting, etc. of Acquisition or Loss of Insured Status)

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

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

(3) Deleted.

(4) Deleted

Enforcement Ordinance

Article 8 (Report by Workers on Insured Status)

In the event that a worker reports matters concerning the acquisition or loss, etc. of insured status pursuant to Article 15 (3) of the Act, he/she shall submit a document proving employment relationship such as his/her labor contract, etc.

Enforcement Ordinance

Article 9 (Report on Transfer of the Insured)

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

Enforcement Ordinance

Article 10 (Report on Changes of Name, etc. of the Insured)

(1) An employer shall, if the name or resident registration number of the insured is changed or corrected, report this to the Minister of Employment and Labor within 14 days of the change or correction date. [Amended by Presidential Decree No. 22269, Jul. 12, 2010 and Presidential Decree No. 23513, Jan. 13, 2012]
(2) An assistance agency or an entrusted institution pursuant to the latter part of Article 113-2 (1) of the Act, if recipients pursuant to the latter part of the same paragraph is changed to other recipients from recipients who are persons eligible for livelihood benefits under Article 8 (2) of the National Basic Living Security Act or changed to recipients who are persons eligible for assistances from other recipients, shall report to the Minister of Employment and Labor within 14 days from the changed date. [Newly Inserted by Presidential Decree No. 23513, Jan. 13, 2012]

Article 16

Deleted.

Article 17 (Confirmation of Insured Status)

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

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

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

Enforcement Ordinance

Article 11 (Request for and Notification of Confirmation)

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

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

Article 18 (Restriction on Dual Acquisition of Insured Status)

If a worker is employed simultaneously by two or more businesses with which the insurance relationship has been established, he/she shall acquire insured status as a worker of one of the businesses, as prescribed by the Ordinance of the Ministry of Employment and Labor. [Amended by Act No. 10339, Jun. 4, 2010]

CHAPTER Ⅲ Employment Security and Vocational Skills Development Projects

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

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

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

Enforcement Ordinance

Article 12 (Scope of Preferentially Supported Enterprises)

(1) Enterprises which meet the criteria set forth by the Presidential Decree under Article 19 (2) refer to those (hereinafter referred to as “preferentially supported enterprises”) for which the number of workers by industry falls under any of the following subparagraphs:[Amended by Presidential Decree No. 21348, Mar. 12, 2009 and Presidential Decree No. 24155, Oct. 29, 2012]
1. Deleted. [Presidential Decree No. 24155, Oct. 29, 2012]
2. Deleted. [Presidential Decree No. 24155, Oct. 29, 2012]
3. Deleted. [Presidential Decree No. 24155, Oct. 29, 2012]
4. Deleted. [Presidential Decree No. 24155, Oct. 29, 2012]
5. Deleted. [Presidential Decree No. 24155, Oct. 29, 2012]
(2) An enterprise which does not fall under any of the subparagraphs of paragraph (1) and which meets the standards referred to in Article 2 (1) and (3) of the Framework Act on Small and Medium Enterprises shall, notwithstanding the provisions of paragraph (1), be regarded as a preferentially supported enterprise. [Amended by Presidential Decree No. 24155, Oct. 29, 2012]
(3) In cases where a preferentially supported enterprise under paragraph (1) no longer meets the criteria to be a preferentially supported enterprise due to reasons such as expansion of size, etc., it shall be deemed a preferentially supported enterprise for five years from the year following the year the reason occurs. [Newly Inserted by Presidential Decree No. 22603, Dec. 31, 2010 and Amended by Presidential Decree No. 24333, Jan. 25, 2013]
(4) Notwithstanding paragraphs (1) through (3), a company that belongs to the conglomerates designated as those subject to the restrictions on mutual investments pursuant to Article 31 (1) of the Monopoly Regulation and Fair Trade Act shall not be construed as an enterprise eligible for preferential support for the insurance year immediately following the insurance year during which the designation was made, and thereafter.
(5) The standards for determining whether an enterprise is a preferentially supported enterprise under paragraph (1) of this Article are as follows:
1. The number of workers who are ordinarily employed shall be calculated by dividing the total number of workers in all the businesses operated by the employer as of the last day of every month of the previous year (daily workers are excluded in the construction industry), by the number of operating months of the previous year, however, in cases where a business manages collective housing under the Multi-Family Housing Management Act, the number of workers shall be calculated by each business, In this case, when calculating the number of workers who are ordinarily employed, part-time workers whose contractual working hours are 60 or more shall be calculated as 0.5 person, and part-time workers whose contractual working hours are less than 60 shall be excluded;and
2. When an employer operates businesses of two or more industries, the business with larger number of ordinarily employed workers shall be the standard, and if the number of workers is same the basis shall be applied in order of amount of total wage and gross sales.
(6) Notwithstanding paragraph (5), with regard to an employer whose insurance relationship was established during the insurance year, whether his/her business is a preferentially supported enterprise shall be determined on the basis of the starting date of the insurance relationship. [Amended by Presidential Decree No. 22603, Dec. 31, 2010]
[Implemented Jan. 1, 2013]

Article 20 (Support for Employment Creation)

The Minister of Employment and Labor may provide necessary support to employers who have expanded employment opportunities by improving employment environments, changing work arrangements, etc., as prescribed in the Presidential Decree. [Amended by Act No. 10339, Jun. 4, 2010]

Enforcement Ordinance

Article 17 (Support for Employment Creation)

(1) The Minister of Employment and Labor may partially subsidize wages for any of the following business owners pursuant to Article 20 of the Act: Provided, That, in the case of subparagraph 1, he or she may reimburse employees whose working hours have been reduced for a portion of his or her lost wages and some of expenses required for installing facilities, and in the case of subparagraph 2, some of expenses for installing facilities:

1. Where the number of employees increases due to recruitment of unemployed persons by reducing working hours, restructuring work shifts, and providing periodic educational training or sabbatical leave, etc. (hereinafter referred to as "job sharing");

2. Where there is an increase in the number of employees due to the improvement of employment conditions by installing and operating the facilities determined by the Minister of Employment and Labor and recruiting unemployed persons;

3. Where unemployed persons are newly hired on an hourly basis without fixing the term of a labor contract by dividing duties, restructuring a labor system, or developing part-time duties, etc.;

4. Where an enterprise falling under the types of business with good prospects for growth, the types of business in which imbalance between labor supply and demand exists, or the types of business that require employment subsidies including enterprises that have moved operations back to the Republic of Korea and region-specific industries, following deliberations and decisions by the Committee, hires the unemployed;

5. Where an enterprise eligible for preferential support falling under the types of business deliberated and resolved by the Committee hires those with professional qualifications prescribed by the Minister of Employment and Labor (hereinafter referred to as "professional human resources");

6. Where a business owner hires an unemployed youth between 15 and 34 years of age through an introduction of a wage peak system under Article 28, a wage reduction system under Article 28-2,, or any other changes in its wage system;

7. Where the Minister of Employment and Labor newly hires an aged or middle-aged person pursuant to subparagraph 1 or 2 of Article 2 of the Act on Prohibition of Age Discrimination in Employment and Elderly Employment Promotion for a job deemed suitable for such aged or middle-aged person.

(2) In cases of providing subsidies pursuant to paragraph (1), the Minister of Employment and Labor shall determine necessary matters, such as conditions of assistance, scope of eligible business owners, level of assistance, period of assistance, method of application for and payment of subsidies, and other matters necessary for assistance.

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

[Paragraph (1) 6 of this Article shall be effective until December 31, 2018 pursuant to Article 2 of the Addenda to the Presidential Decree No. 26496 promulgated on August 19, 2015: Provided, That the amended provisions of Article 17 (1) 6 shall apply to subsidies for a business owner who hires unemployed youth through measures, such as the introduction of a wage peak system or other changes in a wage system, in accordance with the amended provisions of Article 17 (1) 6 by December 31, 2018, even after the effective period expires.]

Article 21 (Support for Employment Adjustment)

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

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

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

Enforcement Ordinance

Article 18 (Support Measures, etc. for Employment Adjustment)

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

(2) A business owner eligible for the preferential support as prescribed in Article 21 (3) of the Act shall be any of the following business owners:

1. A business owner who engages in the type of business designated as one of the types of business for which assistance for employment adjustment, etc. is required pursuant to Article 29 (1) 1 of the Enforcement Decree of the Framework Act on Employment Policy (hereafter referred to as "designated type of business" in this Article);

2. A business owner who engages in manufacturing, repair, and other works under a contract with a business owner, as prescribed in subparagraph 1 for a project that falls under a designated type of business and at least 1/2 of whose sales are related to the designated type of business;

3. A business owner who engages in business within an area designated as an area for which assistance for employment adjustment is required pursuant to Article 29 (1) 2 or 3 of the Enforcement Decree of the Framework Act on Employment Policy (hereinafter referred to as "designated area").

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

Enforcement Ordinance

Article 19 (Those Entitled to Employment Retention Subsidy)

(1) The Minister of Employment and Labor shall, pursuant to Article 21 (1) of the Act, grant subsidies to retain employees (hereinafter referred to as "subsidies for employee retention") to a business owner, where the business owner that finds it unavoidable to make adjustments in employment takes any of the following measures (hereinafter referred to as "measures for retaining employees") for insured employees recruited to engage in a task carried out by him or her (excluding daily hire employees, persons notified of dismissal in advance under Article 26 of the Labor Standards Act, and those scheduled to retire upon the business owner's recommendation due to worsening management conditions; hereafter the same shall apply in this Chapter) and where he or she does not sever the employment relationship with insured employees through employment adjustment during the period for which the measures for retaining employees are taken and one month thereafter:

1. Where the business owner reduces working hours in excess of 20/100 of the total working hours per calendar month of all insured employees by adjusting working hours, restructuring work shifts (referring to dividing employees into groups and having them work in shift; hereinafter the same shall apply), suspending business, or taking other measures, and pays money and valuables in order to compensate for lost wages due to reduced work hours. In such cases, necessary matters concerning the method of calculating the working hours, including the total working hours of all insured employees, etc., shall be prescribed by Ordinance of the Ministry of Employment and Labor;

2. Deleted.

3. Where the business owner lays off employees for a period of at least one month;

4. Deleted.

5. Deleted;

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

(3) Deleted.

Enforcement Ordinance

Article 20 (Establishment and Implementation of Plans for Employment Retention Measures)

(1) A business owner who intends to receive subsidies for employee retention prescribed in Article 19 shall prepare plans for retaining employees for each calendar month in compliance with the following requirements, as prescribed by Ordinance of the Ministry of Employment and Labor, and report it to the Minister of Employment and Labor by the day before the date of a scheduled implementation of such measures, and where he or she modifies matters prescribed by Ordinance of the Ministry of Employment and Labor in the reported plan, such as the scheduled implementation date, the persons subject to such measures, and money and valuables to be paid while such measures are taken, he or she shall report such modifications to the Minister of Employment and Labor by the day before the scheduled modification date:

1. The business owner shall consult with the representative of employees recruited to engage in the business in preparing or modifying measures for retaining employees: Provided, That cases where detailed plans measures for retaining employees to be modified are not unfavorable to employees, such as reduction of period during which measures for retaining employees are taken or reduction in the number of people eligible to remain employed in order to restore employment conditions back to the level seen before business deterioration, shall be excluded herefrom;

2. The business owner shall prepare a document that describes the detailed implementation plans for retaining employees for the previous month (excluding the month to which the first date of implementation of the measures for retaining employees belongs) and related evidentiary documents.

(2) Notwithstanding paragraph (1), if any unavoidable cause or event prescribed by Ordinance of the Ministry of Employment and Labor, such as delay in the process of labor-management consultation, exists, such report may be filed within three days from the date the measures for retaining employees are taken or the date of revision of such plan (within 20 days, where the business owner operating in an area declared as a special disaster area pursuant to Article 60 of the Framework Act on the Management of Disasters and Safety takes measures for retaining employees due to such special disaster).

(3) Deleted.

(4) Deleted.

(5) Deleted.

[Title Amended on Aug. 22, 2013]

Enforcement Ordinance

Article 20-2 (Withdrawal of Support for Violation of Plans for Employment Retention Measures)

The Minister of Employment and Labor may choose to not pay all or part of the employment retention subsidy for the month in which the relevant employer implements different employment retention measures than those reported or changed pursuant to Article 20 (1).
[This Article Newly Inserted by Presidential Decree No. 24514, Apr. 22, 2013]

Enforcement Ordinance

Article 21 (Amount of Subsidies for Employee Retention)

(1) The amount of subsidies for employee retention shall be each of the following amounts: Provided, That when the Minister of Employment and Labor deems it necessary for employment security due to worsening unemployment, such as a rapid increase in the unemployment rate, the amount shall be equivalent to the rate determined and publicly notified by the Minister of Employment and Labor of at least 3/4 and not more than 9/10 [2/3 for an enterprise other than those eligible for preferential support (hereinafter referred to as “large enterprise”)] of the money and valuables provided by the business owner to compensate for the lost wage of the insured employees for a period of up to one year prescribed and publicly notified by the Minister of Employment and Labor:

1. Where the working hours reduced due to the adjustment of working hours, the restructuring of work shifts, suspension of business, layoff, etc. are less than 50/100 of working hours per calendar month: An amount equivalent to 2/3 (1/2 for a large enterprise) of the money and valuables provided by the business owner to compensate for the lost wages of the insured employees whose working hours are reduced or who are laid off;

2. Where the working hours reduced due to the adjustment of working hours, the restructuring of work shifts, suspension of business, layoff, etc. are at least 50/100 of working hours per calendar month: An amount equivalent to 2/3 of the money and valuables provided by the business owner to compensate for the lost wages of the insured employees whose working hours are reduced or who are laid off.

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

(3) Deleted.

(4) Deleted.

(5) Subsidies for employee retention granted pursuant to paragraph (1) shall not exceed the amount determined and publicly notified by the Minister of Employment and Labor per employee subject to each measure for retaining employees taken.

[Title Amended on Aug. 22, 2013]

Enforcement Ordinance

Article 21-2 (Extent of Reduction of Wage according to Business Suspension, etc.)

“Certain level prescribed by Presidential Decree” in the latter part of Article 21 (1) of the Act refers to amounts under 50/100 of average wages (including cases where no wages are paid).
[This Article Newly Inserted by Presidential Decree No. 24514, Apr. 22, 2013]

Enforcement Ordinance

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

(1) When a business owner suspends business or lays off employees (hereinafter referred to as "business suspension, etc.") instead of making employment adjustment in spite of unavoidable causes for making such adjustment prescribed by Ordinance of the Ministry of Employment and Labor pursuant to the latter part of Article 21 (1) of the Act, if such suspension of business, etc. falls under any of the following, the Minister of Employment and Labor may grant subsidies to the relevant insured employee:

1. Where a business owner suspends business for at least 30 days for the number of the insured employees under classification made in each of the following circumstances and does not pay business suspension allowances after obtaining approval of the Labor Relations Commission pursuant to Article 46 (2) of the Labor Standards Act, or pays business suspension allowances equivalent to the amount less than 50/100 of the average wage:

(a) Where the total number of the insured employees is not more than 19: At least 50/100 of the total number of the insured employees;

(b) Where the total number of the insured employees is at least 20 and not more than 99: At least 10 insured employees;

(c) Where the total number of the insured employees is at least 100 and not more than 999: At least 10/100 of the total number of the insured employees;

(d) Where the total number of the insured employees is at least 1,000: At least 100 insured employees;

2. Where a business owner lays off the number of the insured employees as classified in the following circumstances for at least 90 days after implementing measures for retaining employees pursuant to Article 19 (1) 1 for at least three months within one year before the commencement of layoff, and does not pay money and valuables during that period by mutual consent with the representative of the employees (referring to the labor union if there exists a labor union consisting of more than a half of the total employees, and the one who represents more than a half of the total employees if such labor union does not exist):

(a) Where the total number of the insured employees is not more than 99: At least 10 insured employees;

(b) Where the total number of the insured employees is at least 100 and not more than 999: At least 10/100 of the total number of the insured employees;

(c) Where the total number of the insured employees is at least 1,000: At least 100 insured employees.

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

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

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

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

(6) Necessary matters concerning the methods and procedures of applying for subsidies and the methods of payment of subsidies for insured employees following business suspension, etc., other than the matters prescribed in paragraphs (1) through (5), shall be determined and publicly notified by the Minister of Employment and Labor.

[This Article Newly Inserted on Apr. 22, 2013]

Enforcement Ordinance

Article 22 (Support for Reemployment such as Persons Due to Leave Job etc.)

Where a business owner facing an inevitable employment adjustment pursuant to Article 21 (1) of the Act directly establishes facilities necessary for supporting swift re-employment of any of the following persons, independently or collaboratively, or entrusts an outside institution equipped with such facilities with services necessary for such re-employment, the Minister of Employment and Labor shall, pursuant to Article 21 (1) of the Act, subsidize some of the expenses incurred by the business owner, as determined by the Minister of Employment and Labor:

1. Insured employees who have been employed by the relevant business but whose employment will be severed due to employment adjustment, retirement age, or expiration of the term of employment contract;

2. Persons who had been insured and employed by the relevant business but whose employment was severed due to employment adjustment, retirement age, or expiration of the term of employment contract.

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

Article 22 (Promotion of Local Employment)

The Minister of Employment and Labor may provide necessary support to employers who move their businesses to, or begin or expand businesses in regions where employment opportunities are obviously insufficient or employment situations are rapidly deteriorating due to changes in industrial structure, etc., thereby contributing to the prevention of unemployment and promotion of reemployment and to employers who take necessary measures to expand local employment opportunities, as prescribed by the Presidential Decree. [Amended by Act No. 10339, Jun. 4, 2010]

Enforcement Ordinance

Article 24 (Subsidy for Promotion of Local Employment)

(1) The Minister of Employment and Labor shall grant subsidies for promotion of local employment to a business owner who relocates his or her business to a designated area, establishes a new business or expands an existing business in a designated area as set forth in Article 22 of the Act and who meets all the following requirements:

1. During the period of support for employment adjustment, etc. (hereafter referred to as "designated period" in this Article) as publicly notified pursuant to Article 29 (3) of the Enforcement Decree of the Framework Act on Employment Policy, a local employment plan concerning relocation, establishment, or expansion of business, and employment of employees resulting therefrom shall be prepared and reported to the Minister of Employment and Labor;

2. The business owner shall implement the local employment plan reported to the Minister of Employment and Labor pursuant to subparagraph 1;

3. The operation of the business relocated, newly established, or expanded shall commence within one year and six months from the date the plan for local employment is submitted;

4. The business owner shall employ persons who have resided in the designated area or any other designated area for at least three months as of the date the operation of the business relocated, newly established, or expanded commences (hereafter referred to as "date of commencement of operation" in this Article) as the insured for the relevant business;

5. The business shall be deemed necessary by the Employment Policy Council

6. The business owner shall keep a record of the current status of implementation of the local employment plan and the current status of wages paid to the insured employees while implementing the plan.

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

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

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

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

(6) No subsidies for promotion of local employment shall be paid under any of the following cases:

1. Where the employment period of the insured employees who are employed pursuant to paragraph (1) 4 is less than six months;

2. Where a business owner has severed the employment of his or her employees through employment adjustment during the period between three months before the date of commencement of operation and one year after the date of commencement of operation;

3. Where the business owner who has employed a job seeker as an insured employee as set forth in paragraph (1) 4 is found to be the same business owner as at the time the employment of the insured employee was most recently severed (limited to severance from employment within one year before the employment of the relevant insured employee; hereafter the same shall apply in subparagraph 4): Provided, That this shall exclude cases where the business owner has given priority to the relevant employee in employment pursuant to Article 25 (1) of the Labor Standards Act;

4. Where the business owner who has employed a job seeker as an insured employee under paragraph (1) 4 is related to the business in which the relevant employee had been engaged at the time his or her employment was most recently severed, such as cases where the business owner has merged his or her business with, or has acquired, that of the other business owner as at the time the employment of the relevant employee was most recently severed;

4-2. Where the business owner delayed payment of wages, etc. and his or her name is disclosed pursuant to Article 43-2 of the Labor Standards Act;

5. In any case prescribed by Ordinance of the Ministry of Employment and Labor, including the case where a business owner pays wages below the minimum wage rate under the Minimum Wage Act.

(7) Deleted.

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

Article 23 (Assistance for Employment of Senior Citizens)

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

Enforcement Ordinance

Article 25 (Subsidy for Employment Extension of the Aged)

(1) The Minister of Employment and Labor shall, pursuant to Article 23 of the Act, grant subsidies for extension of employment of seniors to a business owner who runs business that meets any of the following requirements: Provided, That this shall not apply to any business owner who has a regular workforce of at least 300 employees:

1. Deleted.

2. The retirement age shall be abolished or the existing retirement age shall be increased by one year or more to at least 60: Provided, That where the retirement age at the relevant place of business is abolished and a new retirement age is established or the previous retirement age is lowered within three years before the abolishment or extension of the retirement age, subsidies for extension of employment of the elderly shall not be granted;

3. The business owner who set the retirement age at 55 shall continue to retain a person who has reached the retirement age after at least 18 months of employment or shall employ (hereafter referred to as "re-employment" in this Article and Articles 28 and 28-4) such person within three months after he or she has retired at the retirement age and shall not sever the employment of any employee through employment adjustment during three months before such re-employment and six months after such re-employment: Provided, That a business owner shall not be eligible for the subsidies for extension of employment of seniors where the business owner re-employs such person for a period of less than one year or lowers the retirement age of the place of business within three years before the re-employment.

(2) Deleted.

(3) Deleted.

(4) The amount of subsidies for extended employment of seniors for which a business owner who meets the requirements prescribed in paragraph (1) 2 is eligible shall be calculated by multiplying the amount publicly notified each year by the Minister of Employment and Labor, considering the wage increase rate, labor market conditions, and other factors, by the number of employees (excluding persons to whom subsidies for the wage peak system under Article 28 are paid) who have been employed by the business owner continuously for at least 18 months and who is allowed to continue his or her services due to the abolishment or extension of the retirement age after he or she reaches the retirement age that was previously set, and such subsidies shall be granted for the period classified under each of the following subparagraphs:

1. Where the retirement age is abolished: One year from the day (referring to the day when the age of 58 is reached if the previous retirement age is lower than the age of 58) immediately following the date when one year has passed from the date when the previous retirement age of an employee, whose retirement age is abolished, is reached;

2. Where the retirement age is extended: The period prescribed in each of the following calculated from the day immediately following the date when the previous retirement age of an employee, whose retirement age is extended, is reached:

(a) Where the retirement age is extended by at least one year but not more than three years: One year;

(b) Where the retirement age is extended by at least three years: Two years.

(5) The amount of subsidies for extended employment of seniors for which a business owner who meets the requirements under paragraph (1) 3 is eligible shall be calculated by multiplying the amount publicly notified each year by the Minister of Employment and Labor, considering the wage increase rate, labor market conditions, and other factors, by the number of employees (excluding persons to whom subsidies for the wage peak system under Article 28 are paid) re-employed after each of such persons reaches the retirement age, and such subsidies shall be granted for the periods classified as prescribed in each of the following subparagraphs:

1. Where the re-employment period is at least one year but not more than three years: Six months;

2. Where the re-employment period is at least three years: One year.

(6) Matters necessary to apply for and pay the subsidies for extended employment of seniors shall be prescribed by Ordinance of the Ministry of Employment and Labor.

[Title Amended on Jul. 31, 2010]

[This Article shall be effective until December 31, 2016 pursuant to Article 2 (1) of the Addenda to the Presidential Decree No. 25022 promulgated on December 24, 2013: Provided, That the amended provisions of Article 25 shall apply to subsidies to be granted to a business owner who becomes eligible for the subsidies for extended employment of seniors by December 31, 2016, even after the effective period expires.]

Enforcement Ordinance

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

(1) The Minister of Employment and Labor shall, pursuant to Article 23 of the Act, grant subsidies for employment of seniors aged at least 60 years to the owner of business that meets all of the following requirements:

1. That the relevant place of business does not impose a retirement age;

2. That the ratio of the monthly average number of employees aged at least 60 years who have been employed for at least one year as of the last day of each month to the monthly average number of employees employed for the corresponding business on a quarterly basis shall not be less than the ratio determined and publicly notified by the Minister of Employment and Labor for each business type;

3. That the business owner receives subsidies for the promotion of employment of seniors under Article 18 of the Addenda to the Enforcement Decree of the Employment Insurance Act (Presidential Decree No. 22603) at least once as of the date of application for subsidies for the employment of seniors aged at least 60 years, and he or she shall not be subject to the period when the payment of the aforementioned subsidies is restricted.

(2) Notwithstanding paragraph (1), where a business owner falls under any of the following, the subsidies for the employment of seniors aged at least 60 years (hereinafter referred to as "subsidies for employment of seniors aged at least 60 years") shall not be paid:

1. Where a business owner severs the employment relationship with employees aged at least 55 years for employment adjustments during the period between three months before applying for subsidies for employment of seniors aged at least 60 years and six months thereafter;

2. Where the name of a business owner is listed and announced pursuant to Article 43-2 of the Labor Standards Act because the business owner delayed in paying wages, etc.

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

(4) When calculating the number of employees to provide subsidies for employment of seniors aged at least 60 years, any of the following persons shall be excluded herefrom:

1. Daily hire employees;

2. Persons who fall under Article 10 (1) 2 through 5 of the Act and foreign workers who do not fall under Article 10-2 of the Act;

3. Employees aged at least 60 years who are eligible for subsidies for employee retention pursuant to Article 29 of the Framework Act on Employment Policy.

(5) Necessary matters for an application for and provision of subsidies for employment of seniors aged at least 60 years shall be prescribed by Ordinance of the Ministry of Employment and Labor.

[This Article Newly Inserted on Jan. 13, 2012]

[The amended provisions of this Article shall be effective until December 31, 2020 pursuant to Article 2 (2) of the Addenda to the Presidential Decree No. 23513 promulgated on January 13, 2012.]

Enforcement Ordinance

Article 26 (Incentives for Promotion of Employment)

(1) The Minister of Employment and Labor shall grant incentives for promotion of employment to a business owner who hires any of the following unemployed persons, as an insured employee if the person has registered himself/herself as a job seeker with employment security offices or any of the institutions specified by Ordinance of the Ministry of Employment and Labor, pursuant to Article 23 of the Act, to promote employment of persons with disabilities, female heads of household, etc. who have particular difficulty finding jobs under ordinary labor market conditions (hereafter referred to as "employment security office" in this Article):

1. A person who has completed the employment assistance program, as notified by the Minister of Employment and Labor, designed for those having particular difficulty finding jobs under ordinary labor market conditions;

2. A person with severe disability prescribed in subparagraph 2 of Article 2 of the Act on the Employment Promotion and Vocational Rehabilitation of Persons with Disabilities who is in a state of unemployment for at least one month;

3. A person in a state of unemployment for at least one month who, as a person prescribed by Ordinance of the Ministry of Employment and Labor, among unemployed women responsible for supporting their family members, is eligible for employment assistance prescribed in the former part of Article 11 (2) of Enforcement Decree of the National Basic Living Security Act or entitled to protection prescribed in Articles 5 and 5-2 of the Single-Parent Family Support Act;

4. A person in a state of unemployment for at least one month who has difficulty participating in the employment assistance program prescribed in subparagraph 1 because the person resides in an island (excluding the main island of Jeju Special Self-Governing Province and islands connected to land by breakwaters or bridges, etc.);

5. A person recognized by the Minister of Employment and Labor as needing measures for promotion of employment due to worsening employment conditions and soaring unemployment, among the unemployed who fail to meet the requirements prescribed in subparagraphs 1 through 4.

(2) The incentives for promotion of employment prescribed in paragraph (1) (hereinafter referred to as “incentives for employment promotion”) shall be paid where a business owner employs a person as an insured employee for at least six months, according to the following classifications:

1. Where the employment period is at least six months but less than 12 months: Amount equivalent to six months;

2. Where the employment period is at least 12 months: Amount equivalent to 12 months: Provided, That where the employment period of an insured employee determined and publicly notified by the Minister of Employment and Labor is at least 18 months, the following relevant amounts shall be paid:

(a) Where the employment period is at least 18 months but less than 24 months: Amount equivalent to 18 months;

(b) Where the employment period is at least 24 months: Amount equivalent to 24 months.

(3) The incentives for employment promotion shall not be paid in any of the following cases:

1. Where a short-term contract employee is employed in cases prescribed by Ordinance of the Ministry of Employment and Labor;

2. Deleted;

3. Where a large enterprise employs an unemployed person aged 29 years or younger who is prescribed by the Minister of Employment and Labor;

4. Where a business owner severs the employment relationship with an employee (excluding employees employed after a person eligible for incentives for employment promotion is employed) for employment adjustment during the period between three months before employing a person eligible for the incentives for employment promotion and one year from the employment of the relevant person (in cases where a person eligible for incentives for employment promotion is employed for less than one year, referring to the period until the termination of the relevant employment relationship);

5. Where a business owner who employs a person eligible for the incentives for employment promotion is found to be the same business owner as at the time the employment relationship of the relevant employee was severed (limited to cases where the employment relationship was severed within one year before the relevant business owner employs the relevant employee; hereafter the same shall apply in subparagraph 6): Provided, That this shall not apply in any of the following cases:

(a) Where a business owner gives the relevant employee priority in employment pursuant to Article 25 (1) of the Labor Standards Act;

(b) Where a business owner re-employs an employee whom he or she employed as a daily hire employee by entering into a contract without a fixed term of employment;

6. Where a business owner who employs a person eligible for incentives for employment promotion has a business relationship with the business from which the employment relationship of the relevant employee is severed, such as merger or acquisition, and is prescribed by Ordinance of the Ministry of Employment and Labor;

7. Where the name of a business owner is listed and announced pursuant to Article 43-2 of the Labor Standard Act because the business owner delayed the payment of wages, etc.;

8. Where a business owner who fails to fulfill the obligation to employ persons with disabilities pursuant to Article 28 of the Act on the Employment Promotion and Vocational Rehabilitation of Persons with Disabilities newly employs persons with disabilities under subparagraph 1 of Article 2 of the same Act (excluding persons with severe disabilities under subparagraph 2 of the same Article) before such obligation is performed.

(4) The amount of incentives for employment promotion shall be calculated by multiplying the amount publicly notified each year by the Minister of Employment and Labor, considering the wage increase rate, labor market conditions, and other factors, by the number of insured employees; and shall not exceed 80/100 of the wages borne by the business owner during the period of payment of such incentives.

(5) The number of insured employees eligible for incentives for employment promotion shall not exceed 30/100 (the decimal point shall be dropped in calculation) of the number of insured employees of the relevant business as of the last day of the immediately preceding insurance year.

(6) Notwithstanding paragraph (5), the number of insured employees eligible for incentives for employment promotion shall not exceed the number of insured employees classified as follows in any of the following cases:

1. Where the number of the newly employed, insured employees pursuant to paragraph (1) is at least 30: 30 persons;

2. Where the number of the insured employees as of the end of the immediately preceding insurance year for the pertinent business is at least one but less than ten: Three persons;

3. Where no insured employee exists as of the end of the immediately preceding insurance year for the pertinent business: 30/100 of the number of insured employees as of the date the insurance relation is established for the year in which an employee is newly hired (three persons where the number of insured employees is at least one but less than ten; and 30 persons where 30/100 of the number of insured employees exceeds 30 persons).

(7) Necessary matters for an application for and payment of incentives for employment promotion shall be prescribed by Ordinance of the Ministry of Employment and Labor.

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

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

[Title Amended on Jul. 30, 2016]

Enforcement Ordinance

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

Enforcement Ordinance

Article 28 (Subsidies for Wage Peak System)

(1) The Minister of Employment and Labor shall grant subsidies for the wage peak system to employees to whom the wage peak system shall apply in any of the following cases, as prescribed in Article 23 of the Act, (hereafter referred to as "wage peak system" in this Article): Provided, That in cases falling under subparagraph 2, he or she shall grant subsidies for the wage peak system to both the employees and the business owner:

1. Where a business owner implements a system under which an employee has his or her wage reduced based on his or her age, period of continuous employment or wage after he or she reaches the age of 55, with the consent of the representative of employees, in return for extension of the retirement age to at least 60 or to at least 56 but not more than 60;

2. Where a business owner reduces working hours while implementing the system prescribed in subparagraph 1 or re-employment within three months of retirement (hereinafter referred to as "re-employment" in this Article and Article 28-4) pursuant to subparagraph 4, and thereby reducing the contractual weekly working hours to at least 15 hours but not more than 30 hours;

3. Deleted.

4. Where a business owner who set the retirement age at 55 or older decides to re-employ (excluding cases where the period of the re-employment is less than one year) a person, who has reached retirement age, and to reduce his or her wage compared to the amount he or she received before the previous retirement.

(2) The subsidies for the wage peak system determined under paragraph (1) shall be paid to persons who have been employed continuously for at least 18 months by the relevant business owner and that sees his or her peak wage compared to his or her wage for the pertinent year (referring to the wage of the year that immediately precedes the year when the date of the first reduction of wage following implementation of the wage peak system belongs; hereafter the same shall apply in this Article) reduced by at least the ratio classified as prescribed in each of the following (excluding the person whose wage for the pertinent year reaches or exceeds the amount publicly notified by the Minister of Employment and Labor):

1. In the case of paragraph (1) 1: The ratio classified according to the extended retirement age as follows: Provided, That it shall be 10/100 for any business that has a regular workforce of less than 300 employees:

(a) Up to one year from the date of application of the wage peak system: 10/100;

(b) For a period of up to two years but no shorter than one year from the date of application of the wage peak system: 15/100;

(c) For a period exceeding two years after the date of application of the wage peak system: 20/100;

2. In the case of paragraph (1) 2: 30/100;

3. In the case of paragraph (1) 4: 20/100: Provided, That it shall be 10/100 for any business that has a regular workforce of less than 300 employees.

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

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

(5) Matters necessary to calculate, to apply for and to pay the subsidies for the wage peak system prescribed in paragraph (1) shall be prescribed by Ordinance of the Ministry of Employment and Labor.

[Title Amended on Jul. 31, 2010]

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

Enforcement Ordinance

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

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

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

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

(4) Matters necessary to apply for and to pay the subsidies etc. referred to in paragraph (1) shall be prescribed by Ordinance of the Ministry of Employment and Labor.

[This Article Newly Inserted on Dec. 4, 2015]

Enforcement Ordinance

Article 28-3

Deleted.

Enforcement Ordinance

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

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

1. Deleted.

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

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

(a) Any of the following cleaning products:

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

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

(b) Deleted;

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

(2) Deleted.

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

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

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

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

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

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

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

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

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

[Title Amended on Jul. 30, 2016]

Article 24 (Support for Employment Security for Construction Workers, etc.)

(1) The Minister of Employment and Labor may provide necessary support for an employer who carries out projects described in the following subparagraphs for construction workers, etc., in an unstable employment situation, according to the conditions prescribed in the Presidential Decree:[Amended by Act No. 10339, Jun. 4, 2010]
1. Projects to improve employment situations;
2. Employment security projects such as those to provide opportunities for continued employment, etc.;and
3. Other employment security projects prescribed in the Presidential Decree.
(2) The Minister of Employment and Labor may also provide support to an employers’ association in connection with the projects listed in any of the subparagraphs of paragraph (1), in cases where it is difficult for an employer alone to carry out employment security projects and prescribed in the Presidential Decree. [Amended by Act No. 10339, Jun. 4, 2010]

Enforcement Ordinance

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

Enforcement Ordinance

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

Enforcement Ordinance

Article 32 (Subsidy for Managing Employment Insurance for Construction Workers)

(1) The Minister of Employment and Labor shall pay a subsidy for managing employment insurance for construction workers to employers who meet all of the following conditions in accordance with Article 24 of the Act. Provided that, employers whose reports are intentionally or negligently different from the facts, pursuant to Article 15 (1) of the Act, may not be paid the subsidy for managing employment insurance for construction workers for the month in which reports differed from the facts. [Amended by Presidential Decree No. 20775, Apr. 30, 2008;Presidential Decree No. 22269, Jul. 12, 2010 and Presidential Decree No. 22603, Dec. 31, 2010]
1. He/she shall be an employer provided for in subparagraph 1 of Article 2 of the Act on the Employment Improvement, etc. of Construction Workers;
2. He/she shall designate a person in charge of employment management provided for in Article 5 of the Act on the Employment Improvement, etc. of Construction Workers;and
3. The person in charge of employment management under subparagraph 2 shall deal with insurance work, including making a report by electronic means to confirm the content of labor service pursuant to Article 15 (5) of the Act within the period set under Article 7 (1), for daily workers whose number is in excess of the number determined and announced by the Minister of Employment and Labor.
(2) The amount of the subsidy for managing employment insurance for construction workers under paragraph (1) shall be an amount announced by the Minister of Employment and Labor every year according to the scale of the administration of the insured, such as a report of the aquisition or loss, etc. of the insured status of daily workers and the subsidy shall be paid semiannually. In this case, if the employer makes a report confirming employment details pursuant to the latter part of Article 7 (1) using the construction worker employment insurance card prescribed by the Ordinance of the Ministry of Employment and Labor, the level of subsidy for managing employment insurance for construction workers may be set higher in consideration of the costs of purchasing equipment, such as construction worker employment insurance card readers, etc., a past record of making a report confirming employment details using the construction worker employment insurance card, etc. [Amended by Presidential Decree No. 22269, Jul. 12, 2010 and Presidential Decree No. 22603, Dec. 31, 2010]
(3) Necessary matters concerning the application for and payment of the subsidy for managing employment insurance for construction workers shall be prescribed by Ordinance of the Ministry of Employment and Labor. [Amended by Presidential Decree No. 22269, Jul. 12, 2010]
[This Article shall remain effective until Dec. 31, 2013 under the provisions of Article 2 of the Addenda of Presidential Decree No. 22603, Dec. 31, 2010]

Article 25 (Employment Security and Employment Promotion)

(1) The Minister of Employment and Labor may directly carry out projects described in the following subparagraphs or provide support or loans for necessary expenses to a person who carries out such projects for the employment security and employment promotion of insured persons, etc.:[Amended by Act No. 10339, Jun. 4, 2010]
1. Support projects to improve employment, such as employment management diagnosis, etc.;
2. Support projects to promote business start-up by insured persons, etc.;
3. Other projects for the employment security and employment promotion of insured persons, etc., which are prescribed in the Presidential Decree.
(2) Necessary matters concerning the implementation of projects and the provision of support and loans to cover expenses under paragraph (1) shall be prescribed in the Presidential Decree.

Enforcement Ordinance

Article 33 (Support for Diagnosis, etc. of Employment Management)

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

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

Enforcement Ordinance

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

Enforcement Ordinance

Article 35 (Employment Security and Employment Promotion)

"Other programs prescribed by Presidential Decree" in Article 25 (1) 3 of the Act means the following programs:

1. Programs for education and public relations on employment security and employment promotion of insured employees, etc.;

2. Programs for supporting employment, including job placement, employment and career advice, support for hiring insured employees, etc. and support for the long-term employment of insured employees, etc., and programs for supporting career changes in order to secure the employment security of insured employees, etc. and promote employment thereof;

3. Programs for improving the employment conditions of insured employees, etc., who are seniors, women, or the disabled;

4. Programs for supporting the employment security, etc. of construction workers, etc.;

5. Programs for supporting the employment security, etc. of any of the following persons:

(a) Fixed-term employees prescribed in subparagraph 1 of Article 2 of the Act on the Protection, etc. of Fixed-Term and Part-Time Employees (hereinafter referred to as “fixed-term employee”);

(b) Temporary agency workers defined in subparagraph 5 of Article 2 of the Act on the Protection of Temporary Agency Workers;

(c) Safety officers prescribed in Article 17 of the Occupational Safety and Health Act;

(d) Health officers prescribed in Article 18 of the Occupational Safety and Health Act;

(e) Part-time employees prescribed in Article 2 (1) 9 of the Labor Standards Act;

(f) Persons who offer their labor similarly to employees referred to in Article 2 (1) 1 of the Labor Standards Act, regardless of the form of their contracts, but to whom the Labor Standards Act, etc. does not apply, and who do not use any other person for another person's business and directly provide labor necessary for the operation of business, and who live on the money they receive in return for the provision of their labor;

6. Programs for supporting the conversion into part-time employment prescribed in Article 2 (1) 9 of the Labor Standards Act;

7. Work-family balance assistance programs through the improvement of employment conditions such as changing work patterns of insured employees, etc.;

8. Credit business for expenses required of business owners to compensate for wages of insured employees under measures for retaining employees (limited to the period determined and publicly notified by the Minister of Employment and Labor).

Enforcement Ordinance

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

(1) The Minister of Employment and Labor may, pursuant to Article 25 of the Act, partially assist within the budget the persons who intends to conduct programs for education and programs for public relations under subparagraph 1 of Article 35 with expenses necessary for conducting such programs.
(2) The Minister of Employment and Labor shall, if intending to give assistance pursuant to paragraph (1), publish in advance the kinds and contents of programs eligible for assistance, the content and extent of assistance, methods for application for assistance, and other related matters.
<This Article Newly Inserted by Presidential Decree No. 28160, Jun. 27, 2017>

Enforcement Ordinance

Article 36 (Support for Employment Support Projects)

(1) The Minister of Employment and Labor may support costs required for the employment support projects conducted by a person described in any of the following subparagraphs pursuant to Article 25 of the Act and subparagraph 2 of Article 35 of this Decree:[Amended by Presidential Decree No. 22269, Jul. 12, 2010]
1. A person who engages in non-fee-charging job placement services under Article 18 of the Employment Security Act and a person who engages in fee charging job placement services under Article 19 of the same Act;
2. A person who engages in services providing job information under Article 23 of the Employment Security Act;and
3. Other persons recognized by the Minister of Employment and Labor as being capable of conducting employment support projects.
(2) The Minister of Employment and Labor shall, if intending to provide support pursuant to paragraph (1), publish beforehand the types and contents of eligible services, the scope of eligible insured people, etc., the contents and level of the support, the method of applying for the support, etc. [Amended by Presidential Decree No. 21348, Mar. 12, 2009 and Amended by Presidential Decree No. 22269, Jul. 12, 2010]

Enforcement Ordinance

Article 37 (Support for Employment Environment Improvement for the Aged, etc.)

(1) The Minister of Employment and Labor may, if an employer intends to install or improve related facilities and equipment to ensure employment security and promote employment for the insured, etc., who are the aged, women or the disabled, provide support or loans within the limits of the budget to cover part of the necessary costs pursuant to Article 25 of the Act and Article subparagraph 3 of Article 35 of this Decree. [Amended by Presidential Decree No. 22269, Jul. 12, 2010]
(2) Matters concerning the selection of those eligible for the support or loans under paragraph (1), the conditions for the selection and other necessary matters concerning the support and loans shall be determined by the Minister of Employment and Labor. [Amended by Presidential Decree No. 22269, Jul. 12, 2010]

Enforcement Ordinance

Article 37-2 (Support for Employment Security of Fixed-Term Workers, etc.)

(1) The Minister of Employment and Labor may, pursuant to Article 25 of the Act, grant subsidies to cover part of necessary expenses to a business owner who intends to carry out programs specified in subparagraphs 2 and 5 through 7 of Article 35, within the budget.
(2) The selection of persons eligible for subsidies under paragraph (1) and the requirements therefor, and other matters necessary for subsidies, shall be prescribed by the Minister of Employment and Labor.
<This Article Newly Inserted by Presidential Decree No. 25955, Dec. 31, 2014>

Enforcement Ordinance

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

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

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

(3) Other than matters prescribed in paragraphs (1) and (2), details necessary for operating loan programs such as revocation of a decision to make loans and repayment of loan amounts shall be prescribed and publicly notified by the Minister of Employment and Labor.

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

Article 26 (Support for Employment Promotion Facilities)

The Minister of Employment and Labor may, as prescribed by the Presidential Decree, provide necessary support to those who establish and operate counseling facilities, child care centers and other employment promotion facilities prescribed by the Presidential Decree to assist in employment security and employment promotion for insured persons, etc., and the securing of a work- force by employers. [Amended by Act No. 10339, Jun. 4, 2010 and Act No. 10789, Jun. 7, 2011]

Enforcement Ordinance

Article 38 (Support for Employment Promotion Facilities)

(1) "Other facilities for promotion of employment prescribed by Presidential Decree" referred to in Article 26 of the Act means the following facilities:

1. Necessary facilities installed and operated by a local government to promote the employment of underprivileged groups in the job market pursuant to Article 11 (4) of the Framework Act on Employment Policy;

2. Facilities operated for supporting employment by schools designated by the Minister of Employment and Labor among schools prescribed in subparagraphs 1, 2, and 4 of Article 2 of the Higher Education Act;

3. Schools designated by the Minister of Employment and Labor from among special-purpose high schools and specialized high schools prescribed in Articles 90 and 91 of the Enforcement Decree of the Elementary and Secondary Education Act;

4. Talent banks of the aged prescribed in Article 11 of the Act on Prohibition of Age Discrimination in Employment and Elderly Employment Promotion;

5. Other facilities designed to stabilize and promote the employment of insured employees, etc. and to secure human resources for business owners, as prescribed by Ordinance of the Ministry of Employment and Labor.

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

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

(4) The Minister of Employment and Labor may, pursuant to Article 26 of the Act, grant subsidies to cover expenses incurred in operating a child care center installed and operated, independently or collaboratively, by a business owner, as prescribed by Ordinance of the Ministry of Employment and Labor. In such cases, higher levels of subsidies may be granted to the business owners of enterprises eligible for preferential support (including their association that consists of at least 50/100 of the enterprises eligible for preferential support, and only referring to the cases where the number of children of the insured employees belonging to the enterprises eligible for preferential support, among the infants looked after by a workplace child care center established and operated by the relevant business owner, is at least 50/100 of the total number of the infants taken care of, based on the last day of every month; hereafter the same shall apply in this Article).

(5) The Minister of Employment and Labor may, pursuant to Article 26 of the Act, grant subsidies or loans to cover some of the expenses incurred in installing child care centers by a business owner or an employers' association that intends to install and operate such facility independently or collaboratively, as determined by the Minister of Employment and Labor. In such cases, higher levels of loans or subsidies may be granted to the business owners of enterprises eligible for preferential support, the business owners who intend to install child care centers for disabled children or infants, or their association.

Enforcement Ordinance

Article 39 (Special Cases of Business Subject to Blanket Application)

The individual projects that become subject to blanket application, as prescribed in Article 8 of the Act On The Collection Of Insurance Premiums, Etc. For Employment Insurance And Industrial Accident Compensation Insurance, shall be deemed a single project, and Articles 17, 19, 24, 25, 25-2, 26, and 29 shall apply thereto.

Enforcement Ordinance

Article 40 (Adjustment of Subsidies)

(1) Where a business owner who meets the requirements for granting subsidies for retaining employees prescribed in Article 19 has satisfied the requirements for reimbursing expenses prescribed in Article 17, the requirements for reimbursing expenses prescribed in Article 22-2 (1), or for granting subsidies for extending employment of seniors prescribed in Article 25 (1) 3, incentives for employment promotion prescribed in Article 26 or for providing incentives for continued employment of seniors prescribed in Article 28-4 during the period for which the measures for retaining employees have been taken, the business owner shall be granted subsidies for retaining employees prescribed in Article 19 except the subsidies or incentives.

(2) Where a business owner becomes simultaneously eligible for at least two of the following subsidies or incentives for the same employee, only one of them shall be granted to the business owner at his or her request: Provided, That where a business owner becomes simultaneously eligible for both a subsidy to be provided when the business requiring employment assistance pursuant to Article 17 (1) 4 additionally hires unemployed youths within an age range determined by the Minister of Employment and Labor (hereafter referred to as "youth" in this Article) and a subsidy to be provided to support the long-term employment of youths employed by a small or medium enterprise pursuant to subparagraph 2 of Article 35, both of them may be granted to the business owner:

1. A subsidy prescribed in Article 17 (1) 3 through 7;

2. A subsidy for promotion of local employment prescribed in Article 24;

3. A subsidy for extending employment of seniors prescribed in Article 25;

4. A subsidy for employment of seniors aged at least 60 years prescribed in Article 25-2;

5. An incentive for employment promotion prescribed in Article 26;

6. An incentive for continued employment of seniors under Article 28-4;

7. An incentive for employment security during the period of childbirth and child care prescribed in Article 29 (1) 3;

8. A subsidy to be provided to business owners prescribed in subparagraphs 1 through 7 of Article 35;

9. A subsidy for operating expenses of workplace child care centers prescribed in Article 38 (4).

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

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

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

(6) If an employee simultaneously meets the requirements for at least two types of subsidies under Articles 28 or 28-2, only one of those subsidies shall be granted upon choice of the relevant employee.

[Title Amended on Jul. 31, 2010]

[The amended provisions of paragraph (5) of this Article shall be effective until December 31, 2020 pursuant to Article 2 (2) of the Addenda to the Presidential Decree No. 23513 promulgated on January 13, 2012.]

Article 26-2 (Restrictions on Support)

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

Enforcement Ordinance

Article 40-2 (Restrictions on Support)

The term “the cases prescribed by the Presidential Decree” used in Article 26-2 of the Act refers to those in which an employer newly employs a worker or takes employment retention measures which falls under any of the following subparagraphs:
1. Where an employer receives financial support such as subsidy, etc., under the Act on the Protection and Settlement Support of Residents Escaping from North Korea;
2. Where an employer receives financial support such as subsidy, etc., under the Industrial Accident Compensation Insurance Act;
3. Where an employer receives financial support such as subsidy, etc., under the Act on Employment Promotion and Vocational Rehabilitation for Disabled Persons;
4. Other cases where an employer receives financial support from a nation or a local government.
[This Article Newly Inserted by Presidential Decree No. 23139, Sep. 15, 2011]

Article 27 (Support for Vocational Skills Development Training Provided by Employers)

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

(2) The Minister of Employment and Labor may provide preferential support to business owners who provide vocational skills development training to any of the following persons pursuant to paragraph (1), as prescribed by Presidential Decree:

1. Fixed-term employees defined in subparagraph 1 of Article 2 of the Act on the Protection of Fixed-Term and Part-Time Employees;

2. Part-time employees defined in Article 2 (1) 9 of the Labor Standards Act;

3. Temporary agency workers defined in subparagraph 5 of Article 2 of the Act on the Protection of Temporary Agency Workers;

4. Daily hire employees;

5. Aged or semi-aged employees defined in subparagraph 1 or 2 of Article 2 of the Act on Prohibition of Age Discrimination in Employment and Elderly Employment Promotion;

6. Other persons prescribed by Presidential Decree.

Enforcement Ordinance

Article 41 (Support for Vocational Skills Development Training Costs to Employers)

(1) "Vocational skills development training prescribed by Presidential Decree" in Article 27 (1) of the Act means vocational skills development training courses recognized under Article 24 (1) of the Act on the Development of Vocational Skills of Workers, which refer to any of the following training courses or courses of work in parallel with vocational training recognized under Article 15 (2) of the Act on Support for Work in Parallel With Vocational Training in the Industrial Field.

1. A training course for vocational skills development conducted for insured employees [excluding insured employees defined in subparagraph 1 (b) of Article 2 of the Act (hereinafter referred to as "insured self-employed worker")];

2. A training course for vocational skills development offered for persons who are not insured, but employed by the relevant business owner;

3. A training course for vocational skills development offered for persons that are considered to be employed by the relevant business or any business relating to such business;

4. A training course for vocational skills development offered for persons who have registered themselves with an employment security office for finding a job;

5. A training course for vocational skills development offered for insured employees (excluding insured self-employed workers) employed by the relevant business during paid leave (which shall not be annual paid leave prescribed in Article 60 of the Labor Standards Act, but which means leave paid with the wage equal to, or greater than the ordinary wage prescribed in Article 6 of the Enforcement Decree of the Labor Standards Act (hereinafter referred to as "ordinary wage") for the period of leave granted in compliance with any of the following requirements:

(a) A business owner of an enterprise eligible for preferential support or a business owner who has a regular workforce of less than 150 employees shall grant paid leave of at least 5 consecutive days to his or her employees to enable them to attend the training course for at least 20 hours;

(b) Any business owner falling under item (a) shall continuously grant paid leave of at least 30 days to the relevant employees to have them attend the training course for at least 120 hours and employ substitute employees;

(c) Deleted.

(d) A business owner shall grant paid leave to employees who are engaged in production or any related work, as publicly notified by the Minister of Employment and Labor, in order to encourage them to improve the skills and techniques to have them attend the training course for at least 20 hours.

(2) Subsidies for vocational skills development training under paragraph (1) shall be any of the following amounts:

1. A subsidy for vocational skills development training prescribed in any subparagraph of paragraph (1): An amount obtained by multiplying training expenses (limited to expenses that satisfy the standards publicly notified by the Minister of Employment and Labor) by a rate publicly notified by the Minister of Employment and Labor in consideration of the size of the business, etc.: Provided, That a subsidy for the following vocational skills development training shall be the amount prescribed in the main sentence plus the amounts classified as follows.:

(a) Vocational skills development training prescribed in paragraph (1) 3 and 4: Training allowances determined and publicly notified by the Minister of Employment and Labor;

(b) Vocational skills development training prescribed in paragraph (1) 5: Of the wages paid during a period of paid leave and the wages paid to substitute employees under paragraph (1) 5 (b), an amount determined and publicly notified by the Minister of Employment and Labor;

2. A subsidy for work in parallel with vocational training recognized under Article 15 (2) of the Act on Support for Work in Parallel With Vocational Training in the Industrial Field: An amount obtained by multiplying training expenses publicly notified by the Minister of Employment and Labor by a rate publicly notified by the Minister of Employment and Labor in consideration of the type of training, occupational type, business size, etc. plus prices for boarding and lodging and training incentives.

(3) “Person prescribed by Presidential Decree” in Article 27 (2) 6 of the Act means a person falling under any of the following subparagraphs:

1. Employees engaged in any production or production-related job who are publicly notified by the Minister of Employment and Labor to encourage them to improve their skills and techniques;

2. Employees determined and publicly notified by the Minister of Employment and Labor, to whom a shift work system is newly applied after a business owner newly adopts such shift work system under which the employees are divided into groups to work on a shift basis in order to realize job creation under Article 20 of the Act or after a business owner increases the number of existing employees' groups to a shift work system is applied (limited to the cases of operating not more than four groups);

3. Employees employed on the condition of receiving vocational skills development training and evaluation.

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

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

Article 28 (Standards, etc. for Support for Expenses)

If the Minister of Employment and Labor provides support for expenses to an employer pursuant to Article 27, the amount of such support shall be the one obtained by multiplying the amount of insurance premiums for employment security and vocational skills development projects out of the employment insurance premiums of the year concerned under Article 16-3 of the Insurance Premium Collection Act or the estimated employment insurance premiums of the year concerned under Article 17 of the same Act by the ratio prescribed in the Presidential Decree, and the limit thereto shall be prescribed by the Presidential Decree. [Amended by Act No. 9990, Jan. 27, 2010 and Act No. 10339, Jun. 4, 2010]

Enforcement Ordinance

Article 42 (Upper Limits of subsidies)

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

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

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

(4) Any of the following subsidies shall not be included in the upper limit of subsidies for vocational skills development training for which the relevant business owner is eligible pursuant to paragraphs (1) through (3):

1. Subsidies for vocational skills development training prescribed in Article 41 (1) 1 to be provided for the training under Article 3 (1) 1 of the Enforcement Decree of the Act on the Development of Vocational Skills of Workers;

2. Subsidies for vocational skills development training prescribed in Article 41 (1) 3 and 4;

3. Any of the following subsidies among the subsidies for vocational skills development training prescribed in Article 41 (1) 5 (a) and (b):

(a) An aggregate of the wages paid during paid leave and the amount corresponding to part of the wages paid to substitute employees, which is subsidized pursuant to Article 41 (2);

(b) Expenses for vocational skills development training publicly notified by the Minister of Employment and Labor in consideration of the fields, period, etc. of vocational skills development training.

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

Article 29 (Support for Vocational Skills Development for Insured Persons, etc.)

(1) If insured persons, etc., receive vocational skills development training or make other efforts to develop or improve their vocational skills, the Minister of Employment and Labor may support the necessary expenses under the conditions prescribed in the Presidential Decree. [Amended by Act No. 10339, Jun. 4, 2010]
(2) The Minister of Employment and Labor, if it is deemed necessary, may conduct vocational skills development training to promote the employment of insured persons, etc., under the conditions prescribed in the Presidential Decree. [Amended by Act No. 10339, Jun. 4, 2010]
(3) If a low-income insured person, etc., prescribed by the Presidential Decree receives vocational skills development training, the Minister of Employment and Labor may make loans for his/her living costs under the conditions prescribed by the Presidential Decree. [Newly Inserted by Act No. 9315, Dec. 31, 2008 and Amended by Act No. 10339, Jun. 4, 2010]

Enforcement Ordinance

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

(1) Where any of the following insured employees, etc. receives vocational skills development training, as prescribed in subparagraph 1 of Article 2 of the Act on the Development of Vocational Skills of Workers (hereinafter referred to as "vocational skills development training"), the Minister of Employment and Labor may, pursuant to Article 29 (1) of the Act, fully or partially subsidize expenses incurred, as prescribed by Ordinance of the Ministry of Employment and Labor:

1. An insured person, etc. employed by an enterprise eligible for preferential support;

2. An insured employee, etc. falling under any subparagraph of Article 27 (2) of the Act;

3. An insured self-employed worker, etc.;

4. An insured employee, etc. scheduled to be severed from employment within 180 days from the date an application for employment training is filed with the director of an employment security office;

5. An insured employee, etc. laid off for at least 90 days without pay for management reasons;

6. An insured employee, etc. aged at least 45 who is employed by a large enterprise and whose income is less than the amount determined and publicly notified by the Minister of Employment and Labor;

7. An insured employee, etc. who does not receive vocational skills development training conducted by an employer under Article 27 of the Act for at least three years;

8. An insured employee, etc. under child care leave pursuant to Article 19 of the Equal Employment Opportunity and Work-Family Balance Assistance Act.

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

(3) Necessary matters concerning the scope of training courses for which training expenses may be subsidized pursuant to paragraph (1) and the procedure for the subsidization shall be prescribed by Ordinance of the Ministry of Employment and Labor.

[Title Amended on Jul. 24, 2013]

Enforcement Ordinance

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

Enforcement Ordinance

Article 45 (Loans for Skills Development Expenses)

(1) Where an insured employee (insured self-employed workers shall be limited to those for whom 180 days have passed in aggregate since purchase of insurance as at the date of an announcement of credit business for the relevant year) is admitted to or enrolled in any of the following schools and facilities on his or her own account pursuant to Article 29 (1), the Minister of Employment and Labor may fully or partially grant a loan for the relevant school expenses within the budget:

1. Polytechnic colleges under the Act on the Development of Vocational Skills of Workers;

2. A lifelong education facility in the form of a distance learning college whose graduates shall be recognized as having an academic background and degree equivalent to that of graduates from a junior college, university, or college prescribed in Article 33 (3) of the Lifelong Education Act;

3. A school under Article 2 of the Higher Education Act.

(2) The Minister of Employment and Labor may fully or partially grant a loan to an insured employee who receives vocational skills development training within the budget: Provided, That the foregoing shall not apply to any of the following courses:

1. Activities of exchanging information, such as seminars and symposiums, or general culture courses on current affairs or general knowledge;

2. Courses provided as a hobby, pastime, or sports;

3. Other courses deemed inappropriate by the Minister of Employment and Labor as vocational skills development training courses.

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

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

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

Enforcement Ordinance

Article 46 (Support for Skills Development Expenses)

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

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

Enforcement Ordinance

Article 47 (Support for Employment Training)

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

1. Deleted.

2. Deleted.

3. Deleted.

4. Deleted.

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

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

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

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

(6) The institutions offering training courses for employment prescribed in paragraph (1) and other matters necessary for the implementation of employment training courses shall be prescribed by Ordinance of the Ministry of Employment and Labor.

[Title Amended on Jul. 15, 2011]

Enforcement Ordinance

Article 47-2 (Provision of Loans for Living Costs During Vocational Skills Development Training)

(1) "Low-income insured employees, etc. prescribed by Presidential Decree" in Article 29 (3) of the Act means those who meet the selection standards determined and publicly notified by the Minister of Employment and Labor in consideration of the income level and the history of loans, among the following persons:

1. An insured employee under subparagraph 1 (a) of Article 2 of the Act who is on leave without receiving money and valuables including leave benefits;

2. An insured employee who is self-employed;

3. An insured employee, etc. falling under any subparagraph of Article 27 (2) of the Act;

4. An employee who was insured while unemployed (excluding those who are receiving unemployment benefits under Chapter IV of the Act) when he or she applied for loans to cover living expenses under Article 29 (3) of the Act;

5. An insured employee, etc. who falls under subparagraph 5 (f) of Article 35;

6. Other insured employees deemed to need loans to cover living expenses by the Minister of Employment and Labor.

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

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

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

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

Enforcement Ordinance

Article 30 (Support, etc. for Vocational Skills Development Training Facilities)

If it is deemed necessary for the development and improvement of the vocational skills of insured persons, etc., the Minister of Employment and Labor may, under the conditions prescribed by the Presidential Decree, loan the expenses necessary to install vocational skills development training facilities and to purchase the equipment thereof, and provide support for the expenses necessary to install other vocational skills development training facilities determined by the Minister of Employment and Labor
and to purchase and operate the equipment thereof. [Amended by Act No. 10339, Jun. 4, 2010]

Enforcement Ordinance

Article 48 (Loans for Expenses of Vocational Skills Development Training Facilities, etc.)

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

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

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

Enforcement Ordinance

Article 49 (Support for Vocational Skills Development Training Facilities, etc.)

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

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

Article 31 (Promotion of Vocational Skills Development)

(1) The Minister of Employment and Labor may carry out activities described in the following subparagraphs to develop or improve the vocational skills of insured persons, etc., or may provide support for necessary expenses to a person who carry out the activities:[Amended by Act No. 10338, May 31, 2010 and Act No. 10339, Jun. 4, 2010]
1. Activities of providing technical assistance and making evaluations relating to vocational skills development projects;
2. Activities of administering qualification tests and encouraging technical skills under the Act on the Encouragement of Technical Skills;and
3. Other activities prescribed in the Presidential Decree.
(2) The Minister of Employment and Labor may, if it is deemed necessary for the development or improvement of vocational skills or smooth labor supply and demand, entrust others to provide vocational skills development training in the occupations determined by the Minister of Employment and Labor, under the conditions prescribed in the Presidential Decree. [Amended by Act No. 10339, Jun. 4, 2010]

Enforcement Ordinance

Article 51 (Support for Qualification Test Projects)

(1) With regard to those who undertake a project falling under any of the following subparagraphs, the Minister of Employment and Labor may support all or part of the expenses necessary for the project pursuant to Article 31 (1) 2.:[Amended by Presidential Decree No. 21015, Sep. 18, 2008 and Amended by Presidential Decree No. 22269, Jul. 12, 2010]
1. A qualification test project carried out by an employer to improve workers’ skills;and
2. A project carried out by a national technical qualification test agency under the National Technical Qualification Act to make it convenient for the insured to acquire a qualification;
(2) The qualification test project under paragraph (1) 1 shall meet all of the following requirements:[Amended by Presidential Decree No. 22269, Jul. 12, 2010]
1. The qualification test project shall be undertaken by an employer alone or jointly for workers of the business concerned or a business related to the business concerned;
2. The qualification test project shall be directly related to knowledge and skills needed in the business concerned;
3. Regulations giving preferential treatment to workers who have acquired the qualification in terms of promotion, pay raises, remunerations, etc., shall be established and implemented;
4. In relation to the test project, any expenses, including test fees, shall not be collected from workers who intend to acquire the qualification;
5. The qualification test shall not be for profits;and
6. The qualification test project shall meet other requirements prescribed by the Ordinance of the Ministry of Employment and Labor.
(3) Necessary matters concerning the application for and method of the support under paragraph (1), etc., shall be prescribed by the Ordinance of the Ministry of Employment and Labor. [Amended by Presidential Decree No. 22269, Jul. 12, 2010]

Enforcement Ordinance

Article 52 (Promotion of Vocational Skills Development)

(1) "Programs prescribed by Presidential Decree" in Article 31 (1) 3 of the Act means the following projects:

1. Projects concerning surveys and research on vocational skills development programs;

2. Projects concerning education and public relations for vocational skills development programs;

3. Projects concerning the development, compilation, and distribution of medium for vocational skills development training;

4. Vocational skills development projects conducted collaboratively by an employers' association, employees’ association, or federation of such organizations;

5. Projects concerning support for the accreditation system for good enterprises in the development of human resources;

6. Vocational skills development projects conducted by a business owner, an employers' association, or a school prescribed in Article 2 of the Higher Education Act after entering into an agreement with two or more business owners who conduct vocational skills development training for their employees;

7. Projects concerning education and training conducted for nurturing and developing skills of the trainers for vocational skills development prescribed in Articles 36 and 37 of the Act on the Development of Vocational Skills of Workers and the staff in charge of the development of human resources prescribed in Article 19 (1) 7 of the Enforcement Decree of the same Act;

8. Workplace skill development projects conducted pursuant to Article 12 of the Act on the Development of Vocational Skills of Workers;

9. Educational and training projects conducted in accordance with an educational or training curriculum of a polytechnic college, as prescribed in Article 40 of the Act on the Development of Vocational Skills of Workers;

10. Vocational skills development training conducted in order to improve the performance of essential duties of a business owner or employees of an enterprise eligible for preferential support (which shall be limited to exceptional training programs determined by the Minister of Employment and Labor);

11. Vocational skills development projects conducted in order for employees of enterprises eligible for preferential support to have extended opportunities to obtain knowledge on their jobs or promote the systemization of their learning so that the knowledge on duties within such enterprises can be accumulated and shared easily;

12. Vocational skills development projects conducted to improve the skills of business owners or staff in charge of the development of human resources in enterprises eligible for preferential support for developing human resources;

13. Systematic support projects for on-site training for enterprises eligible for preferential support;

14. Deleted.

15. Other projects designed to promote vocational skills development.

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

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

Enforcement Ordinance

Article 53 (Entrustment of Vocational Skills Development Training Programs)

(1) If the Minister of Employment and Labor intends to entrust the implementation of vocational skills development training programs pursuant to Article 31 (2) of the Act, he/she shall establish a plan for the vocational skills development training programs to be entrusted every year. [Amended by Presidential Decree No. 22269, Jul. 12, 2010]
(2) The vocational skills development training programs prescribed in paragraph (1) shall be regarded as vocational skills development training for national key and strategic industry occupations (hereinafter referred to as “national key and strategic industry occupation training”) under Article 15 of the Workers Vocational Skills Development Act. [Amended by Presidential Decree No. 22603, Dec. 31, 2010]
(3) The provision of national key and strategic industry occupation training shall be entrusted to a facility or an institution prescribed in each paragraph of Article 12 of the Enforcement Decree of the Workers Vocational Skills Development Act. [Amended by Presidential Decree No. 22603, Dec. 31, 2010]
(4) Necessary matters concerning the provision of national key and strategic industry occupation training etc., such as targeted trainees, training procedures and support for training expenses and allowances for national key and strategic industry occupation training, etc. shall be prescribed by Ordinance of the Ministry of Employment and Labor. [Amended by Presidential Decree No. 22269, Jul. 12, 2010 and Presidential Decree No. 22603, Dec. 31, 2010]

Article 32 (Support for Vocational Skills Development of Construction Workers, etc.)

(1) The Minister of Employment and Labor may provide support for necessary expenses to an employer who implement projects prescribed in the Presidential Decree to develop or improve the vocational skills of workers in unstable employment situations such as construction workers, etc. [Amended by Act No. 10339, Jun. 4, 2010]
(2) The Minister of Employment and Labor may provide support to an employers’ association in connection with the projects mentioned in paragraph (1) in cases where it is difficult for an employer alone to carry out the vocational skills development projects and where this is in accordance with the Presidential Decree. [Amended by Act No. 10339, Jun. 4, 2010]

Enforcement Ordinance

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

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

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

Article 33 (Provision of Employment Information, Establishment of Foundation for Employment Support, etc.)

(1) The Minister of Employment and Labor may carry out activities for employers and insured persons, etc., such as providing employment information on job offers, job seekers, training, etc., offering vocational guidance including vocational and training counseling, etc., providing job placement services, building the foundation for employment security and vocational skills development and assigning professional manpower needed for this, etc., under the conditions prescribed in the Presidential Decree. [Amended by Act No. 10339, Jun. 4, 2010]
(2) The Minister of Employment and Labor may, if it is deemed necessary, get the private job counselor prescribed in Article 4-4 of the Employment Security Act to perform part of the services under paragraph (1). [Amended by Act No. 10339, Jun. 4, 2010]

Article 34 (Support for Local Governments, etc.)

If a local government or a not-for-profit cooperation or organization prescribed in the Presidential Decree carries out projects for the employment security, employment promotion and vocational skills development of insured persons, etc., in its region, the Minister of Employment and Labor may provide necessary support as prescribed in the Presidential Decree. [Amended by Act No. 10339, Jun. 4, 2010]

Enforcement Ordinance

Article 55 (Support for Local Governments, etc.)

(1) The “not-for-profit corporation or organization prescribed by the Presidential Decree” in Article 34 of the Act refers to a not-for-profit corporation established by the law or established after obtaining approval or permission from the State or a local government or a not-for-profit organization registered under the Assistance for Non-profit Non-governmental Organizations Act.
(2) The Minister of Employment and Labor may, if a local government or the not-for-profit corporation or organization under paragraph (1) carries out a project for the employment security, employment promotion and vocational skills development of the insured, etc., support all or part of the costs within the limits of the budget pursuant to Article 34 of the Act. [Amended by Presidential Decree No. 22269, Jul. 12, 2010]
(3) The Minister of Employment and Labor shall, if he/she intends to support the costs pursuant to paragraph (2), shall announce the types and contents of projects eligible for the support, the conditions for, contents and level of, and application method of the support, etc., in advance. [Amended by Presidential Decree No. 22269, Jul. 12, 2010]
Article 35 (Restriction, etc. on Support due to Fraudulent Acts)
(1) If a person has received or intends to receive support for employment security and vocational skills development projects under this Chapter in a false or other fraudulent manners, the Minister of Employment and Labor may restrict the support or order a return of the support received in a false or other fraudulent manners under the conditions prescribed in the Presidential Decree. [Amended by Act No. 9315, Dec. 31, 2008 and Act No. 10339, Jun. 4, 2010]
(2) In the case of ordering a return pursuant to paragraph (1), the Minister of Employment and Labor may, in addition to what has already been provided, collect an amount up to five times the amount received in a false or other fraudulent manners, in accordance with the standards prescribed in the Ordinance of the Ministry of Employment and Labor. [Amended by Act No. 9315, Dec. 31, 2008 and Act No. 10339, Jun. 4, 2010]
(3) Notwithstanding paragraphs (1) and (2), the provisions of Article 55 (1) and (2) and Article 56 (1) through (3) of the Workers Vocational Skills Development Act shall apply mutatis mutandis to restrictions on, the return and additional collection of, support for a person who has received or intends to receive, such support for vocational skills development projects in a false or other fraudulent manners. [Newly Inserted by Act No. 9315, Dec. 31, 2008 and amended by Act No. 10337, May 31, 2010]
(4) The Minister of Employment and Labor may not provide support for employment security and vocational skills development projects under this Chapter to those who have failed to pay insurance premiums, as prescribed by the Ordinance of the Ministry of Employment and Labor. [Amended by Act No. 9315, Dec. 31, 2008, Act No. 10339, Jun. 4, 2010 and Act No. 10895, Jul. 21, 2011]

Article 35 (Restriction on Assistance due to Improper Acts)

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

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

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

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

(5) The Minister of Employment and Labor may refuse to provide assistance for employment security and vocational skills development programs prescribed in this Chapter to those who are in arrears on premiums, as determined by Ordinance of the Ministry of Employment and Labor.

[Article 35 (1) is amended on Jan. 20, 2015 (Act No. 13041) in accordance with the Constitutional Court's decision that held this paragraph unconstitutional on Aug. 29, 2013]

Enforcement Ordinance

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

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

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

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

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

Article 36 (Performing Duties by Proxy)

The Minister of Employment and Labor may, if it is deemed necessary, entrust a part of his/her work under Articles 19, 27 through 31 to a person prescribed in the Presidential Decree. [Amended by Act No. 10339, Jun. 4, 2010]

Enforcement Ordinance

Article 57 (Performing Duties by Proxy)

(1) "Any person prescribed by Presidential Decree" referred to in Article 36 of the Act means the following:

1. The Human Resources Development Service of Korea prescribed in the Human Resources Development Service of Korea Act (hereinafter referred to as the "Human Resources Development Service of Korea");

2. Polytechnic colleges under the Act on the Development of Vocational Skills of Workers;

3. Workplace skills development organizations prescribed in Article 23 of the Act on the Development of Vocational Skills of Workers.

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

CHAPTER Ⅳ Unemployment Benefits

SECTION 1 General Provisions

Article 37 (Types of Unemployment Benefits)

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

Enforcement Ordinance

Article 58 (Determination and Notification of Unemployment Benefits)

If the head of an Employment Security Office has decided whether to pay unemployment benefits, he/she shall inform the applicant of the decision in writing to the applicant:Provided that if the head of an Employment Security Office has decided to pay unemployment benefits, he/she may record the fact in the applicant’s insurance recipient qualification certificate pursuant to Article 62 and deliver it to the applicant instead of giving the notification, and where the applicant agrees, such notice may be delivered through information and communications network. .

Enforcement Ordinance

Article 58-3 (Amount of Unemployment Benefits Unseizable)

The term “the amount determined by Presidential Decree” in Article 38 paragraph (2) means the total amount that is remitted to the account for the unemployment benefit receipt account as prescribed by Article 37-2 paragraph (1) of the Act.
[This Article Newly Inserted by Presidential Decree No. 26208, Apr. 20, 2015]

Enforcement Ordinance

Article 59 (Drawing Up Original Register of Benefits)

(1) The head of an Employment Security Office shall, if he/she pays unemployment benefits, draw up an original register of benefits for each recipient of unemployment benefits.
(2) At the request of a person who is related to the insurance, the head of an Employment Security Office shall make the original register of benefits available to the person and issue the person with a certificate if it is deemed necessary.

SECTION 2 Job-seeking Benefits

Article 40 (Eligibility Requirements for Job-Seeking Benefits)

(1) Where an insured employee who has left his or her job satisfies all of the following requirements, job-seeking benefits shall be paid to him or her: Provided, That subparagraphs 5 and 6 shall apply only to a person who has been a daily hire employee at the time of most recent job-leaving:

1. The number of qualifying days in covered employment (referring to the qualifying days in covered employment prescribed in Article 41; hereinafter the same shall apply) during the base period prescribed in paragraph (2) (hereinafter referred to as "base period") shall amount to at least 180 days;

2. The insured employee is able and willing to work but is still yet to secure employment (including self-employment in a for-profit business; hereafter the same shall apply in this Chapter and Chapter V);

3. The reasons for job-leaving shall not fall under any of the disqualifying conditions set forth in Article 58;

4. The insured employee shall be actively seeking reemployment;

5. Any of the following shall be applicable to the insured employee:

(a) The 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 60 (Causes for Extension of Base Period)

"Other grounds prescribed by Presidential Decree" in Article 40 (2) 1 of the Act means the following: Provided, That the acceptance of money and valuables prescribed by the Minister of Employment and Labor pursuant to the proviso to subparagraph 5 of Article 2 of the Act shall be excluded herefrom:

1. Business suspension of a place of business;

2. Leave related to pregnancy, childbirth, or child care;

3. Other grounds determined and publicly notified by the Minister of Employment and Labor as layoff or any other similar situation.

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

Article 61 (Job-seeking Application and Application for Recognition of Recipient Qualification)

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

(2) A person who filed an application for a job pursuant to paragraph (1) shall file an application for recognition of eligibility for benefits with the head of an employment security office having jurisdiction over his or her place of residence, and he or she may do so with the head of a relevant employment security office in any of the following cases:

1. Where he or she intends to do so with the head of an employment security office having jurisdiction over the area in which the applicant wishes to find a job;

2. Where he or she intends to do so with the head of an employment security office having jurisdiction over the place of business in which the applicant worked before severance of his or her employment;

3. Where he or she intends to do so with the head of an employment security office having jurisdiction over the area nearby in which transportation is deemed more convenient than that of an employment security office having jurisdiction over his or her place of residence.

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

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

Enforcement Ordinance

Article 62 (Recognition of Recipient Qualification)

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

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

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

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

(5) A person who holds a certificate of eligibility issued pursuant to paragraph (1) may request the head of the employment security office that recognized the eligibility for benefits to issue the statement of recognition of eligibility for benefits, which constituted the basis for recognition of eligibility for benefits.

Article 44 (Recognition of Unemployment)

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

(2) To apply for recognition of unemployment, eligible recipients shall appear at an employment security office on the date the head of such office designates between the first and fourth week from the date of reporting of unemployment done under Article 42 (hereinafter referred to as "date of unemployment recognition") and report that they have been actively seeking reemployment, and the head of the employment security office shall recognize unemployment for each day between the day after the most recent unemployment recognition and the date of unemployment recognition, inclusive: Provided, That for any of the following persons, the methods for recognition of unemployment shall be governed by the standards prescribed by Ordinance of the Ministry of Employment and Labor:

1. An eligible recipient participating in vocational skills development training, etc.;

2. An eligible recipient who has grounds prescribed by Presidential Decree, such as the occurrence of a natural disaster or mass unemployment;

3. Other eligible recipients prescribed by Presidential Decree.

(3) Notwithstanding paragraph (2), an eligible recipient in any of the following cases may obtain recognition of unemployment by submitting a certificate explaining the reason for failing to appear at an employment security office:

1. Where he or she fails to appear at the employment security office for less than seven consecutive days due to personal illness or injury;

2. Where he or she fails to appear at the employment security office due to a job interview arranged by the employment security office;

3. Where he or she fails to appear at the employment security office to participate in vocational skills development training, etc. as directed by the head of the employment security office;

4. Where he or she fails to appear at the employment security office due to a natural disaster or any other inevitable cause.

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

Enforcement Ordinance

Article 63 (Recognition of Unemployment)

(1) If an eligible recipient is to have his/her unemployment recognized pursuant to Article 44 (2) of the Act, he/she shall present himself/herself at the competent Employment Security Office in his/her application area on the unemployment recognition date, record on an application for recognition of unemployment the contents of his/her reemployment activities carried out from the next day of his/her previous unemployment recognition day to the unemployment recognition date concerned, and submit it together with his/her recipient qualification certificate. [Amended by Presidential Decree No. 23139, Sep. 15, 2011]
(2) If the head of an Employment Security Office recognizes unemployment as provided in paragraph (1), he/she shall record this in the recipient qualification certificate and return it.
(3) The standards for the recognition of reemployment activities referred to in paragraph (1) shall be prescribed by the Ordinance of the Ministry of Employment and Labor. [Amended by Presidential Decree No. 22269, Jul. 12, 2010]

Enforcement Ordinance

Article 64 (Special Causes for Recognition of Unemployment)

"Grounds prescribed by Presidential Decree" in Article 44 (2) 2 of the Act means any of the following:
1. Where a natural disaster occurs;

2. Where the rate calculated by dividing the number of applicants for recognition of eligibility for job-seeking benefits during a month by the number of insured employees as of the end of the month (hereinafter referred to as "eligibility application rate") exceeds 1/100 for two consecutive months;

3. Where a decision has been made to pay special extended benefits provided in Article 53 of the Act.

Enforcement Ordinance

Article 65 (Special Exception to Recognition of Unemployment Status)

"Other eligible recipients prescribed by Presidential Decree" in Article 44 (2) 3 of the Act means any of the following persons:

1. A person who is unable to appear at the employment security office having jurisdiction over the place of application on the unemployment recognition date due to employment, an interview with a potential employer or any other unavoidable cause; and has appeared at the employment security office to file an application for change of the unemployment recognition date by no later than the day immediately before the unemployment recognition date;

2. A person who was unable to appear at the employment security office having jurisdiction over the place of application on the unemployment recognition date or the date immediately before the unemployment recognition date due to employment, an interview with a potential employer or any other unavoidable cause; and has appeared at the employment security office to file an application for change of the unemployment recognition date within 14 days after such cause ceases to exist;

3. A person who was unable to appear at the competent employment security office on the unemployment recognition date or the date immediately before the unemployment recognition date due to employment for a period of at least seven consecutive days; and has filed an application for recognition of unemployment via mail, facsimile, the information communication network, etc. within two months from the date he or she had been employed, along with a document that proves the date of employment: Provided, That when the acquisition of the insured status is reported under Article 15 of the Act as at the date of filing the application for unemployment recognition, a document that proves the date of employment may be omitted;

4. A person who was unable to appear at the employment security office on the unemployment recognition date due to such person’s mistake; and has appeared at the competent employment security office to file an application for change of the unemployment recognition date within 14 days from the unemployment recognition date (which shall be allowed only once during the duration of unemployment benefits for the relevant eligible recipient prescribed in Article 48 of the Act);

5. A person whose unemployment recognition date is deemed by the head of the competent employment security office to be changed for any of the following reasons:

(a) Where the duration of unemployment benefits prescribed in Article 48 of the Act ends;

(b) Where the unemployment recognition date falls on a holiday of government offices prescribed in the Regulations on Holidays of Government Offices;

(c) Where any other extenuating circumstance exists;

6. A person in whose case the disposition concerning unemployment benefits is cancelled or altered by an examination, review or lawsuit prescribed in Article 87 (1) of the Act or at the discretion of the head of the competent employment security office;

7. A person whose employment has been finally confirmed within 30 days from the unemployment recognition date;

8. A person who resides in islands (excluding the main island of Jeju Special Self-Governing Province and islands that are connected to land by breakwaters or bridges, etc.) and files an application for special exception to the recognition of unemployment;

9. A person deemed by the head of an employment security office to be able to report whether such person conducts re-employment activities and earns any income therefrom directly via the information and communications network.

Enforcement Ordinance

Article 66 (Recognition of Unemployment by Certificate)

(1) If an eligible recipient is to obtain recognition of unemployment pursuant to subparagraphs 1, 2 and 4 of Article 44 (3), he/she shall present himself/ herself at the competent Employment Security Office in his/her application area on the unemployment recognition date and submit an application for recognition of unemployment, along with his/her recipient qualification certificate and a certificate stating the reasons for not having presented himself/herself previously, within 14 days after the reason ceases to exist. [Amended by Presidential Decree No. 23139, Sep. 15, 2011]
(2) Necessary matters concerning the details and issuer to be stated in the certificate referred to in paragraph (1) shall be prescribed by the Ordinance of the Ministry of Employment and Labor. [Amended by Presidential Decree No. 22269, Jul. 12, 2010]
(3) If an eligible recipient is to obtain recognition of unemployment pursuant to subparagraph 3 of Article 44 (3) of the Act, he/she shall submit, directly or through an agent, an application for recognition of unemployment, together with his/her recipient qualification certificate and other certificates issued by job-training or other institutions, to the head of the competent Employment Security Office.

Enforcement Ordinance

Article 67 (Measures to Promote Employment of Eligible Recipients)

The “measures prescribed by the Presidential Decree, such as support for setting up plans for reemployment activities, job placement, etc.,” in the former part of Article 44 (4) of the Act refer to the following measures necessary to promote the employment of eligible recipients:
1. Measures to provide support in setting up a plan for reemployment activities;
2. Measures to provide information and education about the insurance, including unemployment benefits;
3. Measures to provide in-depth counseling or guidance about things to be prepared in advance for reemployment, such as providing job aptitude tests and job information, etc.;
4. Measures to instruct ways of reemployment activities, including techniques of searching for and using employment information, such as job openings, training, etc., and resume writing and interview techniques;
5. Measures to provide job information and job placement services, accompany an applicant to an interview, and provide opportunities to participate in employment-related events;and
6. Measures necessary to promote reemployment, such as providing counseling over the need for training, providing information on suitable training courses and instructing training, etc.

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 68 (Maximum Amount of Daily Basic Wage for Benefits)

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

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

Article 46 (Daily Amount of Job-seeking Benefits)

(1) The daily amount of job-seeking benefits shall be determined according to the following classification:

1. In cases falling under Article 45 (1) through (3), and (5), 60/100 of the eligible recipient's daily wage;

2. In cases falling under Article 45 (4), 80/100 of the eligible recipient's daily wage (hereinafter referred to as "minimum daily amount of job-seeking benefits").

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

Article 47 (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 69 (Reporting on Employment)

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

(2) Deleted.

[Title Amended on Sep. 15, 2015]

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

Article 70 (Reasons for Extension of Benefit Period)

The “other causes provided for by the Presidential Decree” in Article 48 (2) of the Act refer to the following causes:[Amended by Presidential Decree No. 22269, Jul. 12, 2010;Presidential Decree No. 23139, Sep. 15, 2011]
1. Injuries or diseases of the recipient (excluding injuries or diseases for which injury and disease benefits are being paid pursuant to Article 63 of the Act);
2. Injuries or diseases of the recipient’s spouse (limited to the case in which full-time care by the recipient is needed);
3. Injuries or diseases of the lineal ascendants or descendants of the recipient or his/her spouse;
4. Change of residence for living together followed by overseas assignment of the recipient’s spouse, etc.;
5. Mandatory military service under the Military Service Act;
6. Detention or execution of sentence on criminal charges (excluding those not eligible to receive benefits pursuant to subparagraph 1 A of Article 58);and
7. Reasons equivalent to the causes under subparagraphs 1 through 6 and prescribed by the Ordinance of the Ministry of Employment and Labor
[Title of this Article Amended by Presidential Decree No. 23513, Jan. 13, 2012]

Enforcement Ordinance

Article 71 (Application for Extension of Benefit Period)

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

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

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

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

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

[Title Amended on Aug. 13, 2012]

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 72 (Payment of Benefits for Extended Training)

The “period prescribed by the Presidential Decree” in the latter part of Article 51 (2) of the Act shall be two years.

Article 52 (Individual Extended Benefit)

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

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

Enforcement Ordinance

Article 73 (Payment, etc. of Individual Extended Benefits)

(1) "Person prescribed by Presidential Decree" in Article 52 (1) of the Act means an eligible recipient who meets each of the following requirements:

1. A person who has applied for jobs referred by the head of the competent employment security office (including cases where a person participates in an in-depth consultation or group consultation conducted by the head of the employment security office) on three or more occasions from the date he or she reported his or her unemployment status under Article 42 (1) of the Act until the payment of job-seeking benefits ends, but fails to obtain a job, and who has family members falling under any of the following to support:

(a) Person aged less than 18 years or more than 65 years old;

(b) Disabled person prescribed in the Act on the Employment Promotion and Vocational Rehabilitation of Persons with Disabilities;

(c) Patient who is required to receive medical treatment for one month or longer;

(d) Spouse who has no income;

(e) A person currently pursuing his or her studies, who is determined and publicly announced by the Minister of Employment and Labor;

2. Deleted;

3. A person whose daily basic wage used as a basis for computation of benefits and aggregate assets owned by him or her and his or her spouse do not meet the standards determined and publicly notified by the Minister of Employment and Labor, respectively.

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

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

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

Article 53 (Special Extended Benefit)

(1) 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]

Enforcement Ordinance

Article 74 (Payment of Special Extended Benefits)

"Circumstances prescribed by Presidential Decree" in the main sentence of Article 53 (1) of the Act means any of the following circumstances: Provided, That in the case of subparagraphs 1 through 3, the foregoing shall not apply where such trend is expected to continue:

1. Where the rate calculated by dividing the number of persons who received job-seeking benefits each month (excluding the number of persons who received the training extension benefits, the individually extended benefits, or the specially extended benefits under Article 51 through 53 of the Act) by the number of insured employees as of the end of the month exceeds 3/100 for three consecutive months;

2. The rate of applications filed for benefits each month exceeds 1/100 for three consecutive months;

3. Where the monthly unemployment rate exceeds 6/100 for three consecutive months;

4. Where the Deliberative Council on Employment Policy passes a resolution approving payment of specially extended benefits prescribed in Article 53 of the Act due to a rapid deterioration in the employment situation following a rapid rise, etc. in unemployment.

Enforcement Ordinance

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

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

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

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

[This Article Newly Inserted on Jul. 19, 2016]

Article 54 (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 75 (Procedures for Payment of Job-seeking Benefits)

(1) An eligible recipient shall, on the first unemployment recognition date when he presents himself/herself at the competent Employment Security Office in his/her application area, designate and report a financial institution and an account through which he/she wants to receive job-seeking benefits. The same shall apply in the case of changing a financial institution and an account. [Amended by Presidential Decree No. 23139, Sep. 15, 2011]
(2) Job-seeking benefits shall be paid by sending them to an account in the financial institution designated by the eligible recipient.

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.

Enforcement Ordinance

Article 76 (Claim for Unpaid Job-seeking Benefits)

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

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

(3) A claimant for benefits payable shall, when he or she files a written claim for unemployment benefits payable, submit reports or documents that the deceased eligible recipient should have submitted if the deceased eligible recipient intended to receive job-seeking benefits.

Enforcement Ordinance

Article 77 (Application Mutatis Mutandis)

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

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 78 deleted.

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 79 (Procedures for Suspending Payment of Job-seeking Benefits)

(1) The head of an employment security office shall give prior notice to any of the following persons that the payment of job-seeking benefits may be suspended, as prescribed by Ordinance of the Ministry of Employment and Labor:

1. An eligible recipient who refuses to accept a job offered by the head of an employment security office pursuant to Article 60 (1) of the Act;

2. An eligible recipient who refuses to receive vocational skills development training etc., instructed by the head of an employment security office pursuant to Article 60 (1) of the Act;

3. An eligible recipient who refuses to comply with the steps taken by the head of an employment security office to facilitate re-employment pursuant to Article 60 (2) of the Act.

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

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

Article 61 (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

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

"Grounds prescribed by Presidential Decree" in the main sentence of Article 61 (2) of the Act means either of the following cases under which an eligible recipient falls:

1. Where the eligible recipient fails to report a fact that he or she has provided his or her labor during a period for which he or she intends to have his or her unemployment status recognized (hereafter referred to as "period of eligibility for recognition of unemployment") or makes any untrue statements in filing an application for recognition of unemployment;

2. Where the eligible recipient makes any untrue statements on his or her re-employment activities during the period eligible for recognition of unemployment in filing an application for recognition of unemployment.

Enforcement Ordinance

Article 81 (Return of Job-Seeking Benefits)

(1) When the head of an employment security office has taken any of the following measures, he or she shall, without delay, inform the relevant eligible recipient or former eligible recipients (including the business owner under Article 62 (3) of the Act) of such measures:

1. Denial of job-seeking benefits under Article 61 of the Act;

2. Order to recover job-seeking benefits under Article 62 (1), (3), and (4) of the Act;

3.Additional collection under Article 62 (2) and (3) of the Act;

2. Appropriation for an amount to be returned or additional amount to be collected under Article 62 (5) of the Act;

(2) A person against whom the measures under paragraph (1) 2 and 3 were taken shall pay the relevant amount within 30 days from the receipt of notification under paragraph (1): Provided, That where an amount he or she is liable to pay exceeds the amount prescribed by the Minister of Employment and Labor, the person may, upon his or her application, make payment in installment.

(3) Where a person liable to pay an amount to be returned or additional amount to be collected under Article 62 (1) and (2) of the Act has yet to receive job-seeking benefits under Article 44 of the Act, the head of an employment security office shall appropriate an amount equivalent to 1/10 of the relevant job-seeking benefits for the relevant amount to be returned or additional amount to be collected under Article 62 (5) of the Act: Provided, That where a person liable to pay the relevant amount to be returned or additional amount to be collected agrees in writing to appropriate an amount greater than that prescribed in the main sentence, said amount may be appropriated.

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

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

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

Article 82 (Request for and Exceptions to Payment of Injury and Disease Benefits)

(1) An eligible recipient shall, in case he/she intends to request the payment of injury and disease benefits under Article 63 (1) of the Act, directly or through an agent, submit a written application for injury and disease benefits, together with his/her recipient qualification certificate and a certificate of disease, injury or childbirth to the head of the competent Employment Security Office in his/her application area within 14 days of the date on which the reason for not to be able to work ceases to exist (within 30 days after the end of the benefit period, if the benefit period under Article 48 of the Act expires during the period he/she is unable to work):Provided that in the case of a natural disaster or other inevitable reasons, they shall be submitted within seven days from the date on which the reason ceases to exist. [Amended by Presidential Decree No. 23139, Sep. 15, 2011]
(2) The “compensations or benefits prescribed by the Presidential Decree” in Article 63 (4) of the Act refer to the following compensations or benefits:
1. Compensations for shutdown of business under subparagraph 2 of Article 3 (2) of the National Compensation Act;and
2. Compensations under Article 8 of the Act on the Honorable Treatment of and Support for Persons Killed or Wounded for Righteous Causes.

Enforcement Ordinance

Article 83 (Mutatis Mutandis Application)

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

SECTION 3 Employment Promotion Allowances

Article 64 (Early Re-Employment Allowances)

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

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

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

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

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

Enforcement Ordinance

Article 84 (Standards for Paying Early Reemployment Allowances)

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

Enforcement Ordinance

Article 85 (Amount of Early Reemployment Allowances)

(1) The amount of the early reemployment allowances under Article 64 (3) of the Act shall be calculated by multiplying the daily amount of his/her job-seeking benefits by one half of the number of unpaid days.
(2) Deleted. [Presidential Decree No. 25022, Dec. 24, 2013]
[This Article Wholly Amended by Presidential Decree No. 22026, Feb. 8, 2010]

Enforcement Ordinance

Article 86 (Request, etc. for Early Reemployment Allowances)

(1) If an eligible recipient is to receive early reemployment allowances pursuant to Article 64 of the Act, he/she shall submit a written application for early reemployment allowances, together with the documents prescribed by the Ordinance of the Ministry of Employment and Labor, such as his/her recipient qualification certificate, etc., to the head of the competent Employment Security Office in his/her application area. [Amended by Presidential Decree No. 22269, Jul. 12, 2010, Presidential Decree No. 23139, Sep. 15, 2011 and Presidential Decree No. 23513, Jan. 13, 2012]
(2) The written application for early reemployment allowances under paragraph (1) shall be submitted after 12 months from the date on which he/she gets reemployed in a stable job or begins to run his/her own business for profit in accordance with Article 64 (1) of the Act. [Amended by Presidential Decree No. 22026, Feb. 8, 2010 and Presidential Decree No. 25022, Dec. 24, 2013]
(3) The provisions of Article 75 shall apply mutatis mutandis to the procedures for payment of early reemployment allowances.

Enforcement Ordinance

Article 87 (Subsidy for Reemployment Promotion Activities)

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

Article 65 (Vocational Skills Development 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

Article 88 (Vocational Skills Development Allowances)


(1) The vocational skills development allowances referred to in Article 65 (3) of the Act shall be paid on the day when the eligible recipient receives job training, etc., designated by the head of an Employment Security Office, and which is designated for payment of job-seeking benefits.
(2) The amount of the vocational skills development allowances under paragraph (1) shall be an amount determined and announced by the Minister of Employment and Labor in consideration of necessary expenses for job training, etc., such as transport and meal expenses, etc. [Amended by Presidential Decree No. 22269, Jul. 12, 2010]
(3) Vocational skills development allowances shall be paid on the date on which the job-seeking benefits of the eligible recipient are paid. In this case the provisions of Article 75 shall apply mutatis mutandis to the procedures for the payment of vocational skills development allowances.
(4) The procedures for application for vocational skills development allowances shall be determined by the Ordinance of the Ministry of Employment and Labor. [Amended by Presidential Decree No. 22269, Jul. 12, 2010]
Article 66 (Wide-Area Job-Seeking Allowance)
(1) Wide-area job-seeking allowances may be paid if the eligible recipient engages in job-seeking activities in a wide area offered by 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 wide-area job-seeking allowances shall be the expenses normally required for the job-seeking activities under paragraph (1), 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 89 (Wide-Area Job-seeking Allowances)

(1) The wide-area job-seeking allowances under Article 66 (1) of the Act shall be paid if the eligible recipient meets all of the following conditions:[Amended by Presidential Decree No. 22269, Jul. 12, 2010]
1. The expenses required for job-seeking activities shall not be paid by the employer of a business which the eligible recipient visits for job-seeking activities, and even if paid, they shall be less than the amount of the wide-area job-seeking allowances;and
2. The distance from the eligible recipient’s residence to the place of the business visited for job-seeking activities shall be the same as or farther than the distance prescribed by the Ordinance of the Ministry of Employment and Labor. In this case, the distance shall be measured by the usual route from the residence to the business place, and a waterway shall be considered double the actual distance.
(2) The procedures for application for wide-area job-seeking allowances shall be prescribed by the Ordinance of the Ministry of Employment and Labor. In this case, the provisions of Article 75 shall apply mutatis mutandis to the procedures for payment of wide-area job-seeking allowances. [Amended by Presidential Decree No. 22269, Jul. 12, 2010]

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 90 (Moving Allowances)

(1) The moving allowances prescribed in Article 67 (1) of the Act shall be paid if the eligible recipient meets all of the following conditions:[Amended by Presidential Decree No. 22269, Jul. 12, 2010 and Presidential Decree No. 23139, Sep. 15, 2011]
1. The eligible recipient shall be employed or come to receive vocational training, and the head of the competent Employment Security Office in his/her application area shall deem it necessary to change the residence in accordance with the standards determined by the Minister of Employment and Labor;
2. The costs of moving the residence shall not be paid by the employer who employs the eligible recipient, and even if paid, the amount shall be less than the moving allowances;and
3. The move shall be aimed at getting employment and the eligible recipient shall be employed on a fixed-term labor contract whose period is one year or longer.
(2) The procedures for application for moving allowances shall be prescribed by the Ordinance of the Ministry of Employment and Labor. In this case, the provisions of Article 75 shall apply mutatis mutandis to the procedure for payment of moving allowances. [Amended by Presidential Decree No. 22269, Jul. 12, 2010]

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 91 (Fraudulent Acts Mitigating Restrictions on Payment of Employment Promotion Allowances)

"Grounds prescribed by Presidential Decree such as failure to comply with the obligation to report under Article 47 (1) or false report," in main clause of Article 68 (2) of the Act means cases referred to in any subparagraph of Article 80.

Article 69 (Application Mutatis Mutandis)

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

Enforcement Ordinance

Article 92 (Mutatis Mutandis Application)

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

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

Article 93 (Entrustment of Business)

The head of an Employment Security Office may, if it is deemed necessary, and at the request of an eligible recipient, entrust unemployment benefits-related affairs for that person to the head of another Employment Security Office.

Enforcement Ordinance

Article 93-2 (Mutatis Mutandis Application)

The respective provisions of Articles 58, 59, 61 (excluding paragraph (3)), 62 through 67, 69 through 71, 75 through 77, 79 through 83, and 88 through 92 shall apply respectively and mutatis mutandis to the unemployment benefits for insured self-employed workers.

[This Article Newly Inserted on Jan. 13, 2012]

CHAPTER V Child-care Leave Benefit, etc.

SECTION 1 Child-care Leave Benefits

Article 70 (Child-care Leave Benefits)

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

1. Deleted;

2. Deleted;

3. Deleted.

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

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

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

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

Enforcement Ordinance

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

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

Enforcement Ordinance

Article 95 (Amount of Child-care Leave Benefits)

(1) The monthly amount of child care leave benefits under Article 70 (1) shall be calculated according to the following classification:

1. For three months from the first day of a child care leave: An amount equivalent to 80/100 of the ordinary monthly wage as of the first day of the child care leave: Provided That where such amount exceeds 1.5 million won, it shall be adjusted to 1.5 million won; and where such amount is less than 700,000 won, it shall be adjusted to 700,000 won;

2. Until the last day of a child care leave from the start day of the fourth month: An amount equivalent to 50/100 of the ordinary monthly wage as of the first day of the child care leave: Provided That where such amount exceeds 1.2 million won, it shall be adjusted to 1.2 million won, and where such amount is less than 700,000 won, it shall be adjusted to 700,000 won.

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

(3) Where the period for child care leave benefits is less than one month, the amount of such benefits shall be the amount obtained by multiplying the amount calculated on a pro rata daily basis (hereinafter referred to as “prorated daily amount”) of the monthly wages under any of subparagraphs of paragraph (1) by the number of days of the child care leave in the relevant month.

(4) The amount equivalent to 75/100 of the child care leave benefits under paragraphs (1) and (3) (referring to any of the following amounts in cases falling under any of the following subparagraphs) shall be paid every month and the residual amount thereof shall be paid in lump sum to an employee who returns to the workplace after the child care leave and continues to work for at least six months: Provided, That even where the employee fails to work continuously for at least six months for good reason as prescribed by Ordinance of the Ministry of Employment and Labor under subparagraph 2 (c) of Article 58 of the Act, the remaining amount shall be paid. :

1. Where child care leave benefits are paid pursuant to paragraph (1) and the amount equivalent to 75/100 of the child care leave benefits is less than the minimum payment under each subparagraph of paragraph (1): The minimum payment under each subparagraph of paragraph (1);

2. Where child care leave benefits are paid pursuant to paragraph (3) and the amount equivalent to 75/100 of the child care leave benefits is less than the prorated daily amount of the minimum payment under each subparagraph of paragraph (1): The prorated daily amount of the minimum payment under each subparagraph of paragraph (1).

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

Enforcement Ordinance

Article 95-2 (Special Cases concerning Child Care Leave Benefits)

Notwithstanding Article 95, where parents take turns using a child care leave for the same child, the child care leave benefits for the first three months payable to the insured employee who subsequently takes a child care leave shall amount to his or her ordinary monthly wage. In such cases, the maximum amount per month shall be 2.5 million won:

1. Deleted;

2. Deleted;

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

(3) Notwithstanding Article 95 (1), where a mother or father who is insured under subparagraph 1 of Article 4 of the Single-Parent Family Support Act takes a child care leave, child care leave benefits shall be determined as follows:

1. From the date of commencement of child care leave until three months: An amount of his or her ordinary monthly wage based as of the date of commencement of child care leave. In such cases, the maximum amount per month shall be 2.5 million won;

2. From the fourth month of childcare leave until the sixth month: An amount equivalent to 80/100 of the his or her ordinary monthly wage as of the date of commencement of child leave. In such cases, the maximum amount per month shall be 1.5 million won;

3. From the seventh month of childcare leave until expiration thereof: An amount equivalent to 50/100 of his or her ordinary monthly wage as of the date of commencement of child care leave. In such cases, the maximum amount per month shall be 1.2 million won.

[This Article Newly Inserted on Sep. 30, 2014]

Enforcement Ordinance

Article 71 (Confirmation of Child-care Leave)

If an employer shall, when an insured person intends to receive child-care leave benefits pursuant to Article 70, cooperate actively on all the procedures such as the confirmation, etc. of the facts as prescribed by the Ordinance of the Ministry of Employment and Labor. [Amended by Act No. 10339, Jun. 4, 2010]

Article 72 (Notification, etc. of Employment)

Deleted.

Enforcement Ordinance

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

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

Article 97 (Application Mutatis Mutandis

Article 73 (Restriction, etc. on Benefits Payment)

(1) In case an insured person is separated from the business during a period of child-care leave, child-care leave benefits shall not be paid beginning from the time of job-leaving.
(2) If an insured person finds a new job pursuant to Article 70 (3) during a period of receiving childcare leave benefits, the childcare leave benefits shall cease beginning from the time of the new job.
(3) In case an insured person receives money and goods from his/her employer on account of child-care leave, child-care leave benefits may be paid in an reduced amount as prescribed in the Presidential Decree.
(4) Child-care leave benefits shall not be paid to those who received or intends to receive child-care leave benefits in false or other fraudulent ways starting from the date of the receipt of the benefits concerned or the date of intending to receive the benefits:Provided that in case the person meets newly the conditions for child-care leave benefits after taking the child-care leave related to the benefits concerned, the above provision shall not apply to the child-care leave benefits paid pursuant to the new conditions.
(5) Notwithstanding the main text of paragraph 4, the scope of limitation for childcare leave benefits may be determined differently as prescribed by Ordinance of the Ministry of Employment and Labor considering the number of times those who received or intend to receive childcare leave benefits failed to enter or entered false facts of employment during the period of childcare leave, in violation of Article 70 (3).

Enforcement Ordinance

Article 97 (Mutatis Mutandis Application)

The provisions of Article 81 shall apply mutatis mutandis to restrictions on the payment of child-care leave benefits paid pursuant to Article 70 (1) of the Act, an order to return them, etc. In this case, “job-seeking benefits” shall be read as “Child-Care Leave Benefits.”

Enforcement Ordinance

Article 98 (Reduction of Child Care Leave Benefits)

Where an insured employee has received money and valuables for reasons of child care leave from the relevant business owner during a child care leave prescribed in Article 19 of the Equal Employment Opportunity and Work-Family Balance Assistance Act and an amount calculated by aggregating the money and valuables received on a monthly basis during the child care leave and an amount equivalent to 75/100 of the child care leave benefits under Article 95 (1) and (3) (where the amount is less than the minimum payment under each subparagraph of Article 95 (1), referring to the relevant amount under each subparagraph of Article 95 (4)) exceeds the insured employee’s ordinary monthly wage as of the start day of the child care leave, the Minister of Employment and Labor shall, pursuant to Article 73 (3) of the Act, pay an amount calculated by subtracting the excessive amount from the amount equivalent to 75/100 of the child care leave benefits under Article 95 (1) and (3) (where the amount is less than the minimum payment under each subparagraph of Article 95 (1), referring to the amount under each subparagraph of Article 95 (4)).

Article 73-2 (Benefits for Working Hour Reduction During Child-Rearing Periods)

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

1. Deleted;

2. Deleted.

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

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

(4) Necessary matters related to application for and payment of the benefits for reduced working hours during the period of child care shall be prescribed by Ordinance of the Ministry of Employment and Labor.

[This Article Newly Inserted on Jul. 21, 2011]

Article 74 (Application Mutatis Mutandis)

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

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

Enforcement Ordinance

Article 99 (Entrustment of Affairs for Child-care Leave Benefits)

The head of an Employment Security Office may, if deemed necessary, and at the request of an insured person, deal with affairs related to child-care leave benefits by entrusting them to the head of another Employment Security Office.

SECTION 2 Maternity Leave Benefits, etc.

Article 75 (Maternity Leave Benefits, etc.)

Where an insured employee is granted a maternity leave, or a miscarriage or stillbirth leave under Article 74 of the Labor Standards Act, or a paternity leave under Article 18-2 of the Equal Employment Opportunity and Work-Family Balance Assistance Act, and satisfies all of the following requirements, the Minister of Employment and Labor shall pay him or her maternity leave benefits, etc. (hereinafter referred to as "maternity leave benefits, etc.") pursuant to Article 18 of the Equal Employment Opportunity and Work-Family Balance Assistance Act:

1. The insured employee's qualifying days in covered employment prescribed in Article 41 as at the end date of such leave shall amount to at least 180 days;

2. The insured employee shall apply for maternity leave benefits, etc. between one month after the beginning date [where the workplace to which the insured employee who is granted a maternity leave, or a miscarriage or stillbirth leave belongs is not eligible for priority support, the date on which 60 days (75 days for a woman pregnant with two or more babies at the same time) lapse after the actual beginning date of the leave shall be deemed the beginning date of such leave] of such leave and 12 months after the ending date of such leave: Provided, That those who fail to apply for maternity leave benefits, etc. during that period due to any of the grounds prescribed by Presidential Decree shall file an application within 30 days after the relevant ground ceases to exist.

[Title Amended on Feb. 1, 2012]

Enforcement Ordinance

Article 100 (Reasons for Extension of Application Period for Maternity Leave Benefits, etc.)

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

[Title Amended by Jul. 10, 2012]

Article 75-2 (Right to Maternity Leave Benefits by Subrogation)

If an employer provided a worker with money and valuables equivalent to maternity leave benefits, etc., for the same reason he/she has to provide such benefits, etc., and the money and valuables are deemed to have been paid in substitution for maternity leave benefits, etc., the employer shall be able to claim the worker’s right to maternity leave benefits, etc., by subrogation with regard to the amount (not exceeding the maximum amount under Article 76 (2)) paid by the employer.
<This Article Newly Inserted by Act No. 9315, Dec. 31, 2008>
<Title of this Article Amended by Act No. 11274, Feb. 1, 2012>

Article 76 (Payment Period, etc.)

(1) Maternity leave benefits, etc. prescribed in Article 75 shall be paid in an amount equal to the ordinary wage of the insured employee prescribed in the Labor Standards Act (to be computed as of the beginning date of the leave) for the following periods of leaves:

1. The period of a maternity leave, or a miscarriage or stillbirth leave prescribed in Article 74 of the Labor Standards Act: Provided, That where the enterprise is not eligible for priority support, such period shall be limited to the number of days (the period shall be limited to 30 days; but for a woman pregnant with two or more babies at the same time, such period shall be limited to 45 days) exceeding 60 days (75 days for a woman pregnant with two or more babies at the same time) during the period of such leave;

2. Initial five days during the paternity leave prescribed in Article 18-2 of the Equal Employment Opportunity and Work-Family Balance Assistance Act: Provided, That it shall be limited to cases where the workplace to which the insured employee belongs is an enterprise eligible for priority support.

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

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

Enforcement Ordinance

Article 101 (Maximum or Minimum Amount of Maternity Leave Benefits, etc.)

The maximum and minimum amount of maternity leave benefits, etc. payable to an insured employee pursuant to Article 76 (2) of the Act shall be as follows:

1. Maximum amount: The amount publicly notified by the Minister of Employment and Labor every year, taking into account the following matters:

(a) Average ordinary wages of recipients of maternity leave benefits, etc.;

(b) The inflation rate;

(c) The minimum wage under the Minimum Wage Act;

(d) Other matters deemed necessary by the Minister of Employment and Labor;

2. Minimum amount: The amount equivalent to the ordinary wage for the period eligible for maternity leave benefits, etc. calculated by applying the hourly minimum wage as the hourly ordinary wage, where the employee's hourly ordinary wage is less than the minimum wage per hour under the Minimum Wage Act applicable as at the time when the period the maternity leave, miscarriage, or stillbirth leave or paternity leave under Article 18-2 of the Equal Employment Opportunity and Work-Family Balance Assistance Act (hereinafter referred to as "paternity leave") commences (hereinafter referred to as "minimum hourly wage").

[Title Amended on Jul. 10, 2012]

Article 77 (Application Mutatis Mutandis)

Articles 62, 71, and 73 shall apply mutatis mutandis to maternity leave benefits, etc. "Job-seeking benefits" in Article 62 shall be construed as "maternity leave benefits, etc.", and "child-care leave" in Articles 71 and 73 as "maternity, miscarriage, stillbirth leave, or paternity leave", respectively.

[This Article Wholly Amended on Jan. 5, 2021]

Enforcement Ordinance

Article 102 (Mutatis Mutandis Application)

The provisions of Article 96 shall apply mutatis mutandis to the report, etc. on employment during maternity leave or miscarriage or stillbirth leave. In this case, “child-care leave benefits” shall be read as “maternity leave benefits”.

Enforcement Ordinance

Article 103 (Mutatis Mutandis Application)

The provisions of Article 81 shall apply mutatis mutandis to restrictions on the payment of maternity leave benefits, etc. paid pursuant to Article 75 of the Act, an order to return them, etc. In this case, “job-seeking benefits” shall be read as “maternity leave benefits.”

Enforcement Ordinance

Article 104 (Reduction of Maternity Benefits, etc.)

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

[Title Amended on Jul. 10, 2012]

Enforcement Ordinance

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

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

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

[This Article Newly Inserted on Sep. 15, 2011]

[Previous Article 104-2 moved to Article 104-2 ]

Enforcement Ordinance

Article 104-3 (Mutatis Mutandis Application)

(1) With respect to payment restriction, return order, etc. of benefits for working hour reduction during child-rearing periods under Article 73-2 (1) of the Act, Article 81 shall apply mutatis mutandis. In this case, the term “job-seeking benefits” shall be read as “benefits for working hour reduction during child-rearing periods.”
(2) With respect to report, etc. on employment while working hour reduction period during the child-rearing period, Article 96 shall apply mutatis mutandis. In this case, the term “child-care leave benefits” shall be read as “benefits for working hour reduction during child-rearing periods.”
<This Article Newly Inserted by Presidential Decree No. 23139, Sep. 15, 2011>

Enforcement Ordinance

Article 104-4 (Reduction of Benefits for Working Hour Reduction During Child-Rearing Periods)

Where an amount calculated by aggregating the money and valuables an insured employee has received on a monthly basis from the relevant business owner (referring to wages, and money and valuables received due to reduction in working hours during the infant care period) while working hours have been reduced during the infant care period under Article 19-2 of the Equal Employment Opportunity and Work-Family Balance Assistance Act and the benefits for reduced working hours during the infant care period under Article 73-2 of the Act exceeds the following relevant ordinary wages, the Minister of Employment and Labor shall, pursuant to Article 74 (2) of the Act, pay an amount calculated by subtracting the excess amount from the amount of benefits for reduced working hours during the infant care period:

1. Where the ordinary wage has not been raised while working hours have been reduced during the infant care period: Ordinary monthly wage based on the month immediately preceding the month to which the commencement date of reduction in working hours during the infant care period belongs;

2. Where the ordinary wage has been raised while working hours have been reduced during the infant care period: The following relevant ordinary wages:

(a) Until the day before the ordinary wage has been raised: The ordinary monthly wage based on the month immediately preceding the month to which the commencement date of reduction in working hours during the infant care period belongs;

(b) On or after the date the ordinary wage has been raised: The ordinary monthly wage based on the date the ordinary wage is raised.

[This Article Newly Inserted on Sep. 15, 2011]

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

Article 77-2 (Application to Insured Artists)

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

(2) Notwithstanding paragraph (1), this Act shall not apply to any of the following artists:

1. Where a person enters into an employment contract, a contract related to culture and arts services, or a labor contract under Article 77-6 (1) (excluding cases where a person who has maintained his or her insured status before the age of 65 continues to enter an employment contract, labor contract, or contract related to culture and arts services after the age of 65) or commences self-employment;

2. Where an artist fails to meet income standards prescribed by Presidential Decree; Provided, That any artist whose contract period is less than one month (hereinafter referred to as "short-term artist") shall be excluded.

(3) 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

Article 104-5 (Special Members in Charge of Fund Management and Operation)

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

(2) Matters concerning qualifications of special members in charge of asset management, their services, remuneration, etc. shall be prescribed by the Minister of Employment and Labor.

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

[Moved from Article 104-2 ]

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

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

Article 77-6 (Application to Insured Workers)

(1) Pursuant to Article 8 (2), this Chapter shall apply to a person, not an employee, who is engaged in the types of work prescribed by Presidential Decree 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]

CHAPTER Ⅵ Employment Insurance Fund

Article 78 (Establishment and Formation of Fund)

(1) The Minister of Employment and Labor shall establish the employment insurance fund (hereinafter referred to as the “fund”) in order to finance the expenses needed for insurance programs. [Amended by Act No. 10339, Jun. 4, 2010]
(2) The fund shall be formed with collected premiums, reserve funds, profits derived from the operation of the fund and other revenues under this Act.

Article 79 (Management and Operation of Fund)

(1) The fund shall be operated and managed by the Minister of Employment and Labor. [Amended by Act No. 10339, Jun. 4, 2010]
(2) Details of the management and operation of the fund shall be provided by the National Finance Act.
(3) The Minister of Employment and Labor shall manage and operate the fund according to methods prescribed in the following subparagraphs:[Amended by Act No. 10339, Jun. 4, 2010]
1. Deposits in financial institutions;
2. Deposits in public financial funds;
3. Purchase of securities issued or guaranteed by the State or local governments or financial institutions;
4. Acquisition and disposal of real estates to carry out insurance programs or increase the fund;and
5. Other methods to increase the fund prescribed in the Presidential Decree.
(4) The Minister of Employment and Labor shall ensure that earnings from the management and operation of the fund will exceed a certain level prescribed in the Presidential Decree. [Amended by Act No. 10339, Jun. 4, 2010]

Enforcement Ordinance

Article 104-5 (Expert Member for Administration and Management of Fund)

(1) The Minister of Employment and Labor may assign an expert member for fund management in order to administer and manage the fund in a systematic and stable manner pursuant to Article 79 of the Act. [Amended by Presidential Decree No. 22269, Jul. 12, 2010]
(2) Matters concerning the qualifications, duties, remunerations, etc., of the expert member for fund management shall be determined by the Minister 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]

Enforcement Ordinance

Article 105 (Management Business, etc. of Fund)

(1) The “methods to increase the fund, prescribed by the Presidential Decree” in Article 79 (3) 5 of the Act refer to a purchase of securities under Article 4 of the Capital Markets and Financial Investment Business Act. [Amended by Presidential Decree No. 20947, Jul. 29, 2008]
(2) The “certain level prescribed by the Presidential Decree” in Article 79 (4) of the Act refers to the rate of return determined by the Minister of Employment and Labor in consideration of the interest rates for regular savings accounts with a maturity of one year (referring to the interest rates applied by banks with nationwide business areas among the banks established under the Banking Act), expected price increase rates, etc. [Amended by Presidential Decree No. 22269, Jul. 12, 2010 and Presidential Decree No. 22493, Nov. 15, 2010]

Enforcement Ordinance

Article 106 (Fund Accounting)

The employment insurance fund (hereinafter referred to as the “fund”) shall be accounted for according to Article 11 of the National Accounting Act. [Amended by Presidential Decree No. 23139, Sep. 15, 2011]

Article 80 (Use of Fund)

(1) The Fund shall be used for the following purposes:

1. Payment of expenses for the employment security and vocational skills development programs;

2. Payment of unemployment benefits;

2-2. Support for national pension insurance premiums under Article 55-2;

3. Payment of child care leave benefits and maternity leave benefits, etc.;

4. Refund of insurance premiums;

5. Repayment of temporary loans and interest payment;

6. Payment of contributions to persons who perform by proxy the business activities prescribed in this Act and the Act on the Collection of Insurance Premiums for Employment Insurance and Industrial Accident Compensation Insurance or who are entrusted with such business activities;

7. Payment of other expenses prescribed by Presidential Decree that are necessary for the implementation of this Act and any expenses incidental to the operation of the programs prescribed in subparagraphs 1 and 2.

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

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

Enforcement Ordinance

Article 107 (Use, etc. of Fund)

(1) "Expenses prescribed by Presidential Decree" in Article 80 (1) 7 of the Act means the following expenses:

1. Expenses incurred in the management and operation of the insurance service;

2. Expenses incurred in the management and operation of the Fund;

3. Grants to agencies for vicarious execution of administrative affairs of insurance business prescribed in Article 33 of the Insurance Premiums Collection Act;

4. Payment of fees for the entrustment of projects or business affairs prescribed in the Act and the Insurance Premiums Collection Act.

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

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

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

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

(6) A contributee shall report to the Minister of Employment and Labor the results of execution of contributions for the quarter by the 10th of the month following each quarter.

[This Article Wholly Amended on Sep. 18, 2008]

Enforcement Ordinance

Article 108 (Entrustment of Payment by Fund)

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

Article 81 (Fund Management Plan, etc.)

(1) The Minister of Employment and Labor shall make a fund management plan each year and the plan shall be approved by the President after deliberation at the Employment Insurance Committee under Article 7 and a cabinet meeting. [Amended by Act No. 9315, Dec. 31, 2008 and Act No. 10339, Jun. 4, 2010]
(2) The Minister of Employment and Labor shall announce the results of fund management after deliberation at the Employment Insurance Committee under Article 7 each year. [Amended by Act No. 9315, Dec. 31, 2008 and Act No. 10339, Jun. 4, 2010]

Enforcement Ordinance

Article 109 (Fund Operation Plan)

The fund operation plan under Article 81 (1) of the Act shall include the following matters:
1. Matters concerning incomes and expenditures of the fund;
2. Matters concerning business plans, plans on actions causing expenditures and funding plans for the year concerned;
3. Matters concerning the disposition of the funds carried over from the previous year;
4. Matters concerning the reserve funds;and
5. Other matters necessary for fund operation.

Enforcement Ordinance

Article 110 (Public Disclosure of Outcomes of Fund Operation)

The Minister of Employment and Labor shall, pursuant to Article 81 (2) of the Act, publish the results of the Fund operations each year in one or more daily newspapers specializing in economy or general daily newspapers whose head office is in the Seoul Metropolitan City area, official gazette, internet homepage, or broadcasting.

Article 82 (Establishment of Fund Account)

(1) The Minister of Employment and Labor shall establish the accounts of the employment insurance fund with the Bank of Korea. [Amended by Act No. 10339, Jun. 4, 2010]
(2) The accounts of the employment insurance fund under paragraph (1) shall be managed separately for employment security and vocational skills development projects and unemployment benefits, employment security and vocational skills development projects for self-employed persons, and unemployment benefits for self-employed persons. [Amended by Act No. 10895, Jul. 21, 2011]
Article 83 (Receipts and Disbursements of Fund)
Necessary details related to receipts and disbursements in the management and operation of the fund shall be prescribed in the Presidential Decree.

Enforcement Ordinance

Article 111 (Accounting Institution of Fund)

(1) The Minister of Employment and Labor shall appoint a fund revenue collector, fund financial officer, fund disbursement officer and fund accounting officer from among relevant public officials to carry out affairs concerning the revenues and disbursements of the fund. [Amended by Presidential Decree No. 22269, Jul. 12, 2010]
(2) The fund revenue collector and fund financial officer shall be in charge of contracts resulting from the management and operation of the fund, actions causing revenues and disbursements, and affairs concerning the collection and determination of fund revenues, and the fund disbursement officer and fund accounting officer shall be in charge of revenues and disbursements resulting from the management and operation of the fund.
(3) When the Minister of Employment and Labor has appointed a fund revenue collector, fund financial officer, fund disbursement officer and fund accounting officer, he/she shall notify the Chairperson of the Board of Audit and Inspection and the Governor of the Bank of Korea of this. [Amended by Presidential Decree No. 22269, Jul. 12, 2010]

Enforcement Ordinance

Article 112 (Designation of Bank Responsible for Transaction)

The fund disbursement officer shall designate the Bank of Korea located in the local area concerned (including its main office, branch office, agency or national agency;hereinafter the same shall apply.), or if there is no Bank of Korea located in the local area concerned, the nearest Bank of Korea as the payer of checks issued by him/her.

Enforcement Ordinance

Article 113 (Procedure for Receipt of Fund Revenues)

(1) If the fund revenue collector is to collect fund revenues, he/she shall notify the person responsible for the payment that the person should pay it to the fund’s account in the Bank of Korea:Provided that this shall not apply in case the employer makes a voluntary payment within a set period.
(2) When the Bank of Korea receives fund revenues, it shall issue a receipt to the payer and send a notice of the receipt to the fund revenue collector without delay.
(3) The Bank of Korea shall gathered the revenues of the fund received under paragraph (2) together into the fund account established in the headquarters of the Bank of Korea according to handling procedures for national funds.

Enforcement Ordinance

Article 114 (Procedure for Disbursement from Fund)

(1) When the fund financial officer executes a disbursement-causing action, he/she shall send the documents related to the disbursement-causing action to the fund disbursement officer.
(2) When the fund disbursement officer disburses money from the fund due to the disbursement-causing action of the fund financial officer, he/she shall have the Bank of Korea make that payment by transferring money to the savings account in the financial institution of the creditor or a person entrusted to handle the affairs of paying national funds under the conditions prescribed by laws and regulations.
(3) The amount, which has not been disbursed during the fiscal year concerned due to inevitable reasons after the fund financial officer has executed disbursement-causing actions, may be disbursed by carrying it forward to the following year.

Enforcement Ordinance

Article 115 (Prohibition of Cash Dealings)

The fund disbursement officer and fund accounting officer may not keep or handle cash:Provided that this shall not apply in cases prescribed in Article 22 (4) and 24 of the Management of the National Funds Act.

Enforcement Ordinance

Article 116 (Assignment of Amount Limit to Fund Disbursement-causing Actions)

(1) The Minister of Employment and Labor shall assign to each fund financial officer a limit on the amount of funds to be used for disbursement-causing actions within the scope of the quarterly plan on disbursement-causing actions under Article 109 (2). [Amended by Presidential Decree No. 22269, Jul. 12, 2010]
(2) The Minister of Employment and Labor shall assign funds according to a detailed monthly funding plan prepared pursuant to Article 49 (2) of the Enforcement Decree of the Management of the National Funds Act to each fund disbursement officer within the scope of the monthly funding plan under subparagraph 2 of Article 109. [Amended by Presidential Decree No. 22269, Jul. 12, 2010 and Presidential Decree No. 23139, Sep. 15, 2011]

Enforcement Ordinance

Article 117 (Report on State of Fund Operation)

(1) The fund revenue collector, the fund financial officer and the fund disbursement officer shall prepare a report on the amount of funds collected, a report on the amount of funds used for disbursement-causing actions and a report on the amount of funds disbursed, respectively, all of which are dated the last day of each month, and shall submit them to the Minister of Employment and Labor by the 20th of the following month. [Amended by Presidential Decree No. 22269, Jul. 12, 2010]
(2) Other necessary matters concerning the report on fund operation and management, besides the reports prescribed in paragraph (1), shall be determined by the Minister of Employment and Labor. [Amended by Presidential Decree No. 22269, Jul. 12, 2010]

Enforcement Ordinance

Article 118 (Report on Settlement of Accounts of Fund)

The Minister of Employment and Labor shall prepare the following documents about the settlement of accounts of the fund for each fiscal year, and shall submit them to the Minister of Strategic Planning and Finance after review at the Council by the end of February of the following fiscal year:[Amended by Presidential Decree No. 20681, Feb. 29, 2008, Presidential Decree No. 22269, Jul. 12, 2010, Presidential Decree No. 23139, Sep. 15, 2011]
1. Documents on the overview and analysis of the statements of accounts of the fund;
2. Financial statements such as position statement, financial operating statement, statement of changes in net assets, etc.;
3. List of comparisons between fund operation plans and actual achievements;
4. Statement of revenues and expenditures;and
5. Other documents necessary to clarify the contents of the settlement of accounts.
Article 84 (Accumulation of Fund)
(1) The Minister of Employment and Labor shall set aside extra funds as reserves to cope with massive unemployment or other kinds of employment insecurity. [Amended by Act No. 10339, Jun. 4, 2010]
(2) The optimum volume of the extra funds referred to in paragraph (1) shall be as follows:
1. Year-end amount of reserves for employment security and vocational skills development projects:the amount of expenditure for the year concerned or more but less than 1.5 times that amount;and
2. Year-end amount of reserves for unemployment benefits:1.5 times the amount of expenditure for the year concerned or more but less than twice that amount
[This Article Wholly Amended by Act No. 9315, Dec. 31, 2008]

Enforcement Ordinance

Article 119 (Receipts and Disbursements of Reserve Fund, etc.)

Necessary matters concerning receipts and disbursements of the reserve fund and spare money of the fund under Article 84 of the Act shall be prescribed by the Ordinance of the Ministry of Employment and Labor. [Amended by Presidential Decree No. 22269, Jul. 12, 2010]

Enforcement Ordinance

Article 120 (Mutatis Mutandis Application of the State Financial Act and the Management of the National Funds Act)

With respect to matters not provided in the Act and this Decree concerning the operation and management of the Fund, the National Finance Act and the Management of the National Funds Act shall apply mutatis mutandis.

Article 85 (Treatment of Surplus and Loss)

(1) If there is a surplus as a result of the settlement of accounts of the fund, it shall be put aside as a reserve fund.
(2) If there is any amount of loss resulting from the settlement of accounts of the fund, it shall be compensated using the reserve fund.

Article 86 (Loan)

In case where there is or is expected to be a lack of funds for spending, loans may be made from financial institutions, other funds and other financial resources on the security of the fund.

Article 114 (Operation of Pilot Programs)

(1) Notwithstanding Article 8, business of providing an opportunity to work for self-support pursuant to Article 15 (1) 4 of the National Basic Living Security Act shall be construed as the business prescribed in this Act. In such cases, a recipient prescribed in subparagraph 2 of Article 2 of the National Basic Living Security Act who participates and engages in paid work for the aforementioned business shall be construed as the worker under this Act, and the guarantee institutions prescribed in subparagraph 4 of Article 2 of the same Act (in cases of entrusting business pursuant to Article 15 (2) of the same Act, referring to the entrusting institution) shall be construed as the business owner under this Act.
(2) Where a recipient prescribed in the latter part of paragraph (1) falls under any of the persons eligible for assistance under Article 8 (2) of the National Basic Living Security Act, only Chapter III shall apply to the recipient.
(3) Notwithstanding Article 18, where a recipient to whom only Chapter III applies pursuant to paragraph (2) is employed in other insured business, he/she may acquire an insured status as an employee of the other business.
(4) The self-support benefits received by a recipient after he/she participated in the business pursuant to paragraph (1) shall be deemed the remuneration to be used as basis for computation of the qualifying days in covered employment used as basis for computation of Article 41 and as the remuneration to be used as basis for the daily wage under Article 45.
<This Article Newly Inserted by Act No. 10895, Jul. 21, 2011>

CHAPTER Ⅶ Request for Examination and Reexamination

Article 87 (Examination and Reexamination)

(1) A person who has an objection to the confirmation of the acquisition or loss of insured status referred to in Article 17 or to a decision (hereinafter referred to as “original decision, etc.”) on unemployment benefits referred to in CHAPTER IV and child-care leave benefits and maternity leave benefits, etc., referred to in CHAPTER V may make a request for examination to the examiner referred to in Article 89, and a person who objects to resulting decisions may make a request for reexamination to the appeal committee referred to in Article 99. [Amended by Act No. 11274, Feb. 1, 2012]
(2) The request for examination prescribed in paragraph (1) shall be made within 90 days from the day on which it is known that a confirmation or decision under the same paragraph is made and the request for reexamination shall be made within 90 days from the day on which it is known that a decision on the request for examination is made.
(3) As for the interruption of prescription, requests for examination and reexamination mentioned in paragraph (1), shall be considered as requests by trial.

Article 88 (Appointment of Agents)

A person requesting examination or reexamination may appoint a person falling under any of the following subparagraphs as an agent in addition to a legal agent.
1. The spouse, direct ascendents and descendents, or brothers and sisters of a person making the request;
2. Executives or employees of a corporation making the request;
3. Lawyers or certified public labor attorneys;and
4. Persons authorized by the appeal committee pursuant to Article 99.

Article 89 (Employment Insurance Examiner)

(1) Employment insurance examiners (hereinafter referred to as "examiner") shall be appointed to conduct reviews under Article 87.

(2) Upon receipt of a request for review under Article 87 (1), an examiner assigned to review the case shall make a decision within 30 days: Provided, That if an examiner fails to make a decision within that time frame due to unavoidable circumstances, an one-time extension of up to 10 additional days may be granted.

(3) Matters necessary for the number, qualifications, placement, and duties of examiners shall be prescribed by Presidential Decree.

(4) A party who has good reason not to expect a fair review and decision from the assigned examiner may file an application for challenge to the examiner with the Minister of Employment and Labor.

(5) Upon the death of an applicant for review, the review process shall be pursued by a surviving family member, as prescribed in Article 57, if the deceased applicant was eligible to receive unemployment benefits or, if not, by the deceased applicant's heir or any other person who succeeds to any right or interest in relation to the initial disposition appealed from.

Enforcement Ordinance

Article 121 (Qualifications of Examiner)

An employment insurance examiner prescribed in Article 89 of the Act (hereinafter referred to as "examiner") shall be appointed from among any of the following public officials under the control of the Ministry of Employment and Labor:

1. A public official of Grade V or higher in general service or a public official in general service belonging to the Senior Executive Service among public officials under the control of the Ministry of Employment and Labor, who has engaged in services relating to petitions for examination or review of insurance for one year or longer;

2. A public official of Grade V or higher in general service or a public official in general service belonging to the Senior Executive Service among public officials under the control of the Ministry of Employment and Labor, who has engaged in the insurance service for two years or longer;

3. Any other person recognized by the Minister of Employment and Labor as qualified as those prescribed in subparagraph 1 or 2.

Enforcement Ordinance

Article 122 (Placement and Duty of Examiner)

(1) The examiner shall be placed in the Ministry of Employment and Labor. [Amended by Presidential Decree No. 22269, Jul. 12, 2010]
(2) The examiner shall be in charge of examination affairs and studying cases of requests for examination designated by the Minister of Employment and Labor. [Amended by Presidential Decree No. 22269, Jul. 12, 2010]

Enforcement Ordinance

Article 123 (Method of Application for Challenge)

(1) An application for challenge against the examiner made pursuant to Article 89 (4) of the Act shall be made in writing with the reasons clearly indicated.
(2) When the Minister of Employment and Labor receives the application for challenge under paragraph (1), he/she shall make a decision within 15 days and notify the applicant of it. [Amended by Presidential Decree No. 22269, Jul. 12, 2010]

Enforcement Ordinance

Article 124 (Report on Succession to Status of Claimant)

The person who succeeds to the status of a claimant for examination pursuant to Article 89 (5) of the Act shall report this to the examiner in writing, attaching documents proving the succession.

Article 90 (Request for Examination, etc.)

(1) When making a request for examination referred to in paragraph (1) of Article 87, requests for confirmation of acquisition or loss of insured status referred to in Article 17 shall be made to the examiner through the Korea Workers’ Compensation & Welfare Service (hereinafter referred to as the “Corporation”), and requests for examination regarding unemployment benefits referred to in Chapter IV and child-care leave benefits and maternity leave benefits, etc., referred to in Chapter V shall be made to the examiner through the head of an Employment Security Office.
(2) An Employment Security Office or the Corporation shall send the request for examination to a competent examiner along with its written opinion within 5 days from the date on which it has received the request.

Article 91 (Mode of Request)

Requests for examination shall be made in writing under the conditions prescribed by the Presidential Decree.

Enforcement Ordinance

Article 125 (Method of Request for Examination)

(1) The following matters shall be stated in a written request for examination under Article 91 of the Act:
1. Name and address of the claimant;
2. Name of the office which has make the decision as the claimee;
3. Contents of the decision which is the subject of the request for examination;
4. Date of coming into knowledge of the decision;
5. Existence and contents of the notification regarding the request for examination by the office which has made the decision as the claimee;
6. Purport and reasons for examination request;and
7. Date of the request for examination.
(2) If the request for examination is instituted by a selected representative or agent, the name and address of the selected representative or agent in addition to the matters described in paragraph (1) shall be stated, and the qualifications of the selected representative or agent shall be provided in writing. [Amended by Presidential Decree No. 22603, Dec. 31, 2010]
(3) The written documents described in paragraph (1) shall be signed and sealed by the claimant or the agent.

Article 92 (Correction and Rejection)

(1) If a request for examination has missed the deadline referred to in paragraph (2) of Article 87 or if it violates the methods prescribed by law and is impossible to correct the violation, the examiner shall decide to reject the request.
(2) In case where a request for examination violates the methods prescribed by law but is possible to correct the violation, the examiner may set a reasonable period and order the claimant for examination to correct the violation within that period:Provided that if the matters to be corrected are minor, the examiner may correct them by virtue of its authority.
(3) If the claimant for examination fails to correct the violation within the period under paragraph (2), the examiner shall decide to reject the request for examination.

Enforcement Ordinance

Article 126 (Correction of Request for Examination)

(1) The correction of a request for examination under Article 92 (2) of the Act shall be ordered using a written document containing the following contents:
1. Matters to correct;
2. Reasons for demanding the correction;
3. Period of correction;and
4. Other necessary matters.
(2) If the examiner revises a request for examination by virtue of his/her authority pursuant to the proviso of Article 92 (2) of the Act, he/she shall notify the person concerned of this.

Article 93 (Suspension of Execution of Original Decisions)

(1) A request for examination shall not suspend the execution of an original decision, etc.:Provided that where it is deemed urgently necessary in order to avoid serious harm arising from the execution of an original decision, etc., the examiner may suspend the execution ex officio.
(2) The examiner shall, where he/she intends to suspend the execution pursuant to the proviso of paragraph (1), notify the head of an Employment Security Office or the Corporation of the causes in writing.
(3) The head of an Employment Security Office or the Corporation shall, upon receipt of the notification referred to in paragraph (2), without delay, suspend the execution.
(4) An examiner shall, if he/she suspended the execution of an original decision pursuant to paragraph (2), notify in writing, the fact immediately to the claimant for examination.

Enforcement Ordinance

Article 127 (Notification about Suspension of Execution of Original Decisions)

The following matters shall be stated in a written notification about the suspension of execution under Article 93 (2) of the Act:
1. Case name of the request for examination;
2. Decision subject to the suspension of execution and contents of the suspension of execution;
3. Name and address of the claimant;
4. Name of the office which has made the decision as the claimee;and
5. Reasons for the suspension of execution.

Article 94 (Authority of Examiners)

(1) An examiner may, at the request of an claimant for examination or ex officio, conduct investigations described in the following subparagraphs, if it is deemed necessary for examination:
1. To have the claimant for examination or person concerned appear at a designated place and inquire or state his/her opinion;
2. To have the claimant for examination or person concerned present documents or other materials which may be used as evidence;
3. To have a third party with professional knowledge and experience appraise the situation;and
4. To visit the workplace or other places related to the case and question the employer, employees or other persons concerned or inspect documents and other materials.
(2) In case where an examiner undertakes the inquiries and inspections referred to in paragraph (1) 4 of this Article, he/she shall carry a certificate proving his/her authority and show it to the persons concerned.

Enforcement Ordinance

Article 128 (Investigation for Review)

(1) An application for an investigation conducted pursuant to Article 94 (1) of the Act to review a request for examination shall be made in writing with the following matters stated:
1. Case name of the request for examination;
2. Purport and reasons of the application;
3. Name and address of related persons who are required to be present (restricted to the case of Article 94 (1) 1 of the Act.);
4. Name and address of the owner or custodian of documents, and other materials required to be submitted (restricted to the case of Article 94 (1) 2 of the Act);
5. Matters requiring legal consultation and reasons therefor (restricted to the case of Article 94 (1) 3 of the Act);and
6. Workplaces and other places to enter, employers, employees and other related persons to be questioned, documents and other materials to be inspected (restricted to the case of Article 94 (1) 4 of the Act.)
(2) If the examiner investigates evidence pursuant to Article 94 (1) of the Act, he/she shall prepare a report on evidence. In this case, if he/she gets statements from the examination claimant or a related person under Article 94 (1) 1 of the Act, he/she shall prepare a statements protocol and annex it.
(3) The following matters shall be stated in the report on evidence under paragraph (2) and the examiner shall sign and seal it:
1. Indication of the case;
2. Date, time and place of the investigation;
3. Subject and method of the investigation;and
4. Result of the investigation.

Article 95 (Restitution of Actual Expenses)

Those who appear in person at a hearing, as prescribed in Article 94 (1) 1, or provide expert opinion, as prescribed in Article 94 (1) 3, are entitled to reimbursement for actual expenses incurred, as determined by the Minister of Employment and Labor.

Article 96 (Decision)

An examiner shall cancel all or part of an original decision, etc., or dismiss all or part of a request for examination when he/she completes the examination.

Enforcement Ordinance

Article 129 (Written Decision)

The decision on a request for examination under Article 96 of the Act shall be made by the written verdict with the following matters stated, and this shall be signed or sealed by the examiner:[Amended by Presidential Decree No. 23139, Sep. 15, 2011]
1. Number and name of the case;
2. Name and address of the claimant;
3. Name of the office which has made the decision as the claimee;
4. Main text;
5. Objectives of the request;
6. Reasons;and
7. Date of decision.

Article 97 (Methods of Decision)

(1) The decision under Article 89 shall be made in writing under the conditions prescribed in the Presidential Decree.
(2) An examiner shall, if making a decision, send an original copy of the decision to the claimant for examination and to the head of the Employment Security Office or the Corporation who has made the original decision, etc.

Article 98 (Effect of Decision)

(1) A decision shall take effect on the date on which an original copy of the decision is sent to the claimant for examination and to the head of the Employment Security Office or the Corporation.
(2) The decision shall be binding on the head of the Employment Security Office or the Corporation who has made the original decision, etc.

Article 99 (Employment Insurance Appeal Committee)

(1) The Employment Insurance Appeal Committee (hereinafter referred to as the "Appeal Committee") shall be established in the Ministry of Employment and Labor to conduct further reviews, as prescribed in Article 87.

(2) The Appeal Committee shall be comprised of not more than 15 members, including at least one representative of employees and at least one representative of employers.

(3) The members prescribed in paragraph (2) shall include two standing members.

(4) None of the following persons shall be appointed as a member of the Appeal Committee:

1. A person under adult guardianship or under limited guardianship or a person declared bankrupt and not yet reinstated;

2. A person in whose case three years have not passed since imprisonment without prison labor or any heavier punishment sentenced to him or her was completely executed or finally and conclusively discharged.

(5) Where a non-public official member falls under any of the following cases, he or she may be removed from office:

1. Where he or she becomes unable to perform the duties due to a mental or physical disability;

2. Where he or she engages in any misconduct in connection with the duties;

3. Where he or she is deemed unsuitable as a member due to neglect of a duty, loss of dignity, or any other reason;

4. Where he or she voluntarily admits that it is difficult to perform the duties.

(6) Standing members shall neither join a political party nor become involved in politics.

(7) The Appeal Committee shall make an adjudication within 50 days of receipt of a petition for further review, as prescribed in Article 87 (1). In such case, Article 89 (2) shall apply mutatis mutandis to extension of the time frame for adjudication.

(8) A secretariat shall be established under the Appeal Committee.

(9) Matters necessary for the organization, operation, etc. of the Appeal Committee and its secretariat shall be prescribed by Presidential Decree.

Enforcement Ordinance

Article 130 (Commission and Appointment of Appeal Committee Members)

(1) Members representing employees among members of the Employment Insurance Board of Review prescribed in Article 99 (1) of the Act (hereinafter referred to as the "Board of Review") shall be commissioned by the President upon the recommendation of the Minister of Employment and Labor among candidates recommended by a general federation of labor unions, while the members representing employers shall also be commissioned by the President upon the recommendation of the Minister of Employment and Labor among candidates recommended by a nation-wide association of employers.

(2) Members of the Board of Review, except a member representing employees, a member representing employers, and ex officio members, shall be commissioned by the President upon recommendation of the Minister of Employment and Labor among any of the following persons: Provided, That standing members shall be appointed by the President upon recommendation of the Minister of Employment and Labor, from among persons who fall under subparagraph 3 or 4:

1. A person who holds the qualification as a judge, public prosecutor, or attorney-at-law;

2. A person who held or holds an adjunct professorship or a higher position in a college or university prescribed in the Higher Education Act;

3. A person who served or serves as a Grade III or higher public official, or a public official, in general service belonging to the Senior Executive Service;

4. A person who has engaged in labor-related affairs for 15 years or longer and who is deemed qualified by the Minister of Employment and Labor;

5. A person who has good knowledge and experience in issues of social insurance or employment and who is deemed qualified by the Minister of Employment and Labor.

(3) The Minister of Employment and Labor shall nominate a Grade III public official in charge of insurance affairs belonging to the Ministry of Employment and Labor or a public official in general service belonging to the Senior Executive Service as the ex officio member of the Board of Review.

Enforcement Ordinance

Article 131 (Term of Office of Members)

(1) The term of appeal committee members shall be three years and may be renewed.
(2) When a vacancy occurs in the position of a member, the term of office of the substitute member who fills the vacancy shall be the remaining term of office of his/her predecessor:Provided that when a vacancy occurs in the position of a standing member (including the chairperson), the term of office of the substitute member shall start anew.
(3) Even in case a member’s term of office referred to in paragraph (1) expires, he/she may perform his/her duties until his/her successor is appointed.
[This Article Wholly Amended by Presidential Decree No. 21015, Sep. 18, 2008]

Enforcement Ordinance

Article 132 (Treatment of Members)

Members other than standing members and ex officio member who attend an appeal committee meeting may be provided with allowances and travel expenses needed to perform their duties within the limits of the budget. In this case, the regulations on travel expenses for public officials shall apply mutatis mutandis to the payment of the travel expenses.

Enforcement Ordinance

Article 133 (Chairperson and Vice-Chairperson)

(1) The appeal committee shall have one chairperson and one vice-chairperson.
(2) The chairperson of the appeal committee shall be appointed by the President upon nomination by the Minister of Employment and Labor from among the standing members and the vice-chairperson shall be elected from among the members. [Amended by Presidential Decree No. 22269, Jul. 12, 2010]

Enforcement Ordinance

Article 134 (Duties)

(1) The chairperson shall represent the appeal committee and shall oversee the affairs of the appeal committee.
(2) The vice-chairperson shall assist the chairperson and when the chairperson is unable to perform his/her duties for inevitable reasons, the vice-chairperson shall act on behalf of him/her.

Enforcement Ordinance

Article 135 (Meetings)

(1) A meeting of the appeal committee shall be composed of not more than nine persons including the chairperson or vice-chairperson, ex officio member and two members designated by the chairperson for each meeting, each representing workers and employers.
(2) If the chairperson of the appeal committee intends to convene a meeting, he/she shall notify in writing the time and place and agenda of the meeting to each member at least 15 days before the meeting:Provided that this shall not apply in an emergency.
(3) A meeting of the appeal committee shall be opened with the attendance of a majority of the members composed under paragraph (1) and shall make a decision by the concurring vote of a majority of the members present.

Enforcement Ordinance

Article 136 (Assignment of Expert Members)

(1) The Minister of Employment and Labor may, pursuant to Article 99 (8) of the Act, have specialists in the Board of Review to assign them to carry out specialized survey research as may be necessary for the review of the Board of Review.

(2) Necessary matters concerning the qualification for, service of, and remuneration of specialists shall be prescribed by Ordinance of the Ministry of Employment and Labor.

[Title Amended on Aug. 30, 2008]

Article 100 (Other Party to Reexamination)

The other party to a request for reexamination shall be the head of the Employment Security Office or the Corporation which has made the original decision, etc.

Article 101 (Trial)

(1) The appeal committee shall, upon the receipt of a request for reexamination, set a trial date and place for the request and shall notify them to the parties and to the examiner who has tried the case 3 days in advance of the trial date.
(2) Either party may state its opinion in writing or orally before the appeal committee.
(3) The trial for a request for reexamination shall be made public:Provided that it may be made non-public upon the request of either or both of the parties.
(4) The appeal committee shall draw up a protocol of trial.
(5) Either party or person concerned may make an application for inspection of the protocol of trial mentioned in paragraph (4).
(6) The committee shall not, upon the application for inspection referred to in paragraph (5) by the party or person concerned, refuse it without any justifiable causes.
(7) Articles 94 and 95 shall apply mutatis mutandis with respect to a trial for a request for reexamination. In this case, “examiner”, “request for examination” and “claimant for examination” shall be read as “appeal committee”, “request for reexamination” and “claimant for reexamination”, respectively.

Enforcement Ordinance

Article 137 (Notification)

The notification of the trial date and place under Article 101 (1) of the Act shall be given in writing, and be delivered directly or by registered mail.

Enforcement Ordinance

Article 138 (Application for Closed Proceedings)

An application for closed proceedings under the proviso of Article 101 (3) of the Act shall be made in writing with the purport and reasons stated.

Enforcement Ordinance

Article 139 (Protocol of Trial)

(1) The following matters shall be stated in the protocol of trial under Article 101 (4):
1. Name and number of the case;
2. Date, time and place of the trial;
3. Names of the members present;
4. Name of the person concerned or his/her agent;
5. Contents of the trial;and
6. Other necessary matters.
(2) The protocol of trail under paragraph (1) shall have the date of its writing and shall be signed or sealed by the chairperson.
(3) The inspection application under Article 101 (5) of the Act shall be made in writing.

Enforcement Ordinance

Article 140 (Method of Request for Re-examination)

(1) The request for reexamination under Article 87 of the Act shall be made using a document with the following contents:
1. Name and address of the claimant;
2. Matters prescribed in Article 125 (1) 2 through 4;
3. Name of the examiner who made the decision;
4. Date on which the decision became known;
5. Existence of the notification of the request for re-examination by the examiner who made the decision and contents of the notification;
6. Purport of and reasons for the request for re-examination;and
7. Date of the request for re-examination.
(2) If the request for re-examination is instituted by a selected representative or agent, it shall state the name and address of the selected representative or agent in addition to the matters prescribed in paragraph (1), and the qualifications of the selected representative or agent shall be provided in writing. [Amended by Presidential Decree No. 22603, Dec. 31, 2010]
(3) The claimant or the agent shall sign and seal the documents under paragraph (1).

Enforcement Ordinance

Article 141 (Written Adjudication)

A written adjudication on a request for re-examination shall have the following matters stated and the chairperson of the appeal committee and the members who participated in the re-examination shall sign or seal it:[Amended by Presidential Decree No. 23139, Sep. 15, 2011]
1. Name and number of the case;
2. Name and address of the claimant;
3. Name of the office which has made the original decision;
4. Name of the examiner who made the decision on the request for examination;
5. Main text;
6. Purport of the request;
7. Reasons;and
8. Date of the adjudication.

Article 102 (Provisions Applicable Mutatis Mutandis)

The provisions of paragraphs (4) and (5) of Article 89, Articles 91 through 93 and Articles 96 through 98 shall apply mutatis mutandis with respect to the appeal committee and reexamination. In this case, “examiner” in paragraph (4) of Article 89, “decision” in paragraph (4) of Article 89, Article 97 and Article 98, and “request for examination” in Articles 91, 93 and 96 shall be read as “member of the appeal committee”, “adjudication” and “request for re-examination”, respectively, and “examiner” in Articles 93, 96 and 97 and “claimant for examination” in Articles 93, 97 and 98 shall be read as “appeal committee” and “claimant for reexamination”, respectively.

Enforcement Ordinance

Article 142 (Mutatis Mutandis Application)

The provisions of Articles 123, 124, and 126 through 128 shall apply mutatis mutandis to the appeal committee and reexamination. In this case, the term “examiner” and “Minister of Employment and Labor” in Article 123 shall be read as “member of the appeal committee” and “chairperson of the appeal committee”, “claimant for examination” in Articles 124 and 128 as “claimant for re-examination”, “examiner” in Articles 124, 126 and 128 as “chairperson of the appeal committee” and “request for examination” in Articles 126 through 128 as “request for re-examination.” [Amended by Presidential Decree No. 22269, Jul. 12, 2010]

Article 103 (Notification)

In case where the head of an Employment Security Office or the Corporation makes an original decision, etc., or an examiner sends an original copy of a decision pursuant to paragraph (2) of Article 97, he/she shall inform the other party or claimant for examination whether a request for examination or reexamination can be made on the original decision, etc., or the decision, and of the procedures to go through in the case of such a request, and the period of request.

Article 104 (Relation to Other Acts)

(1) An adjudication on a request for reexamination shall, in applying Article 18 of the Administrative Litigation Act, be deemed a ruling on administrative appeals.
(2) Matters which are not provided in this Act with respect to examination and reexamination shall be governed by the Administrative Appeals Act.

CHAPTER Ⅷ Supplementary Provisions

Article 105 (Prohibition of Disadvantageous Treatment)

An employer shall not dismiss or cause other disadvantages to a worker for reason of a request for confirmation as provided by Article 17.

Article 106 (Application Mutatis Mutandis)

Articles 27, 27-2, 27-3, 28, 28-2 through 28-7, 29, 29-2, 29-3, 30, 32, 39, 41, and 42 of the Act on the Collection of Insurance Premiums for Employment Insurance and Industrial Accident Compensation Insurance shall apply mutatis mutandis to the collection of the following charges under this Act:

1. Amount of subsidies for employment security and vocational skills development programs to be returned or additional amount to be collected therefrom;

2. Amount of unemployment benefits to be returned or additional amount to be collected therefrom;

3. Amount of child care leave benefits, etc. to be returned or additional amount to be collected therefrom.

Article 107 (Extinctive Prescription)

(1) If the rights to receive subsidies, unemployment benefits, child-care leave benefits, or maternity leave benefits, etc. as prescribed in Chapters III through V or the rights to get a refund thereof are not exercised for three years, they shall become extinctive by prescription:Provided that the right of an employer to receive subsidies as prescribed in Chapter III, which occurs during a period of exemption from paying insurance premiums pursuant to Article 22-3 of the Insurance Premium Collection Act, shall be considered to become extinctive on the first day of the insurance year immediately preceding the insurance year to which the date of joining insurance belongs. [Amended by Act No. 11274, Feb. 1, 2012]
(2) The provisions of Article 113 of the Industrial Accident Compensation Insurance Act shall apply mutatis mutandis to the interruption of extinctive prescription. [Amended by Act No. 13041, Jan. 20, 2015]
[Proviso of paragraph (1) of this Article shall remain effective until Dec. 31, 2009 under the provisions of Article 3 of the Addenda of Presidential Decree No. 8429, May. 11, 2007]

Article 108 (Reporting)

(1) When the Minister of Employment and Labor determines that it is necessary for the enforcement of this Act, including, but not limited to, confirmation of insured status and investigation of improper claims, the Minister of Employment and Labor may request the current or previous business owner of an insured employee or eligible recipient or the service provider for handling insurance-related matters for such business owner prescribed in Article 33 of the Act on the Collection of Insurance Premiums for Employment Insurance and Industrial Accident Compensation Insurance (hereinafter referred to as "service provider for insurance matters") to submit necessary reports and relevant documents or request an interested person to appear in person.

(2) A person severed from employment may review the former business owner's or the business owner's service provider for insurance matters to provide necessary certificates required to receive unemployment benefits. In such cases, upon receipt of such petition for review, the business owner or the service provider for insurance matters shall provide such certificates.

(3) The Minister of Employment and Labor may request an insured employee, an eligible recipient, or a claimant for the remaining unemployment benefits to submit necessary reports and relevant documents or to appear in person when necessary for the enforcement of this Act, including, but not limited to, confirmation of insured status and investigation of improper claims.

Article 109 (Investigation, etc.)

(1) The Minister of Employment and Labor may, if deemed necessary for the enforcement of this Act, including confirmation of insured status and investigation of fraudulent receipts, etc., have his officials question relevant persons or investigate documents such as account books, etc., at the workplace of an employer who employs or employed an insured person or eligible recipient, or the office of an insurance work service agency and a person who was an insurance work service agency. [Amended by Act No. 10339, Jun. 4, 2010]
(2) The Minister of Employment and Labor shall, when conducting an investigation pursuant to paragraph (1), inform the employer, etc., of necessary matters for the investigation, such as the date and contents of investigation, etc., in advance:Provided that this shall not apply if the case is urgent or it is deemed that advance notification may prevent the achievement of the goals. [Amended by Act No. 10339, Jun. 4, 2010]
(3) An official who conducts the investigation under paragraph (1) shall carry with him an identification card showing his status, and show it to related persons.
(4) The Minister of Employment and Labor shall inform the employer, etc., of the results of the investigation under paragraph (1) in writing. [Amended by Act No. 10339, Jun. 4, 2010]

Article 110 (Requests for Provision of Data)

(1) If necessary to perform the following duties, the Minister of Employment and Labor may request the heads of relevant agencies to provide information on resident registration, family relation registration, data on military service, data on land and buildings, data on various pensions and insurances, such as national pension and health insurance, information on entry into and exit from the Republic of Korea, etc. In such case, the heads of relevant agencies in receipt of such request shall comply therewith unless there is a compelling reason not to do so:

1. Verifying the details of reporting on the attainment or loss of insured status under Article 15 (including cases applied mutatis mutandis in Articles 77-5 (1) and 77-10 (1));

2. Verifying the attainment or loss of insured status under Article 17 (including cases applied mutatis mutandis in Articles 77-5 (1) and 77-10 (1));

3. Verifying double insurance under Articles 18, 77-2 (5) and 77-6 (3);

3-2. Granting subsidies to cover expenses for employment security and promotion of employment or implementing a loan program under Article 25;

4. Restricting assistance to programs for employment stability and vocational skills development due to improper acts under Article 35;

5. Verifying eligibility requirements for job-seeking benefits under Articles 40, 69-3, 77-3 and 77-8;

6. Paying job-seeking benefits, etc. that have not been paid pursuant to Article 57 (including cases to which such provision applies mutatis mutandis in Articles 63 (5), 69, 69-9 (1) and (2), 77-5 (2) and 77-10 (2));

7. Restricting the payment of job-seeking benefits, etc. due to improper acts pursuant to Article 61 (including cases to which such provision applies mutatis mutandis pursuant to Articles 63 (5), 69-9 (1), 77-5 (2) and 77-10 (2));

8. Returning job-seeking benefits, etc. already received and additional collection pursuant to Article 62 (including cases to which such provision applies mutatis mutandis pursuant to Articles 63 (5), 69, 69-9 (1) and (2), 74, 77, 77-5 (2), and 77-10 (2));

9. Restricting the payment of employment promotion allowances under Article 68 (including cases to which such provision applies mutatis mutandis in Article 69-9 (1));

10. Restricting the payment of child care leave benefits, etc. pursuant to Article 73 (including cases to which such provision applies mutatis mutandis in Articles 74 (2) and 77);

11. Attaining insured status by a recipient under the National Basic Living Security Act pursuant to Article 113-2.

(2) If necessary to perform the duties prescribed in paragraph (1) 3-2, and 4 through 11, the Minister of Employment and Labor may request the head of a relevant tax office to provide the following taxation information in a document specifying the personal data of taxpayers and the purpose of use:

1. Global income under Article 4 (1) 1 of the Income Tax Act;

2. Business registration information under Article 8 of the Value-Added Tax Act, Article 111 of the Corporate Tax Act, or Article 168 of the Income Tax Act.

(3) The detailed range of data or information that can be requested pursuant to paragraph (1) shall be prescribed by Presidential Decree.

[This Article Wholly Amended on Aug. 27, 2019]

Enforcement Ordinance

Article 142-2 (Scope of Data Subject to Request for Provision)

Any of the following data or information can be requested under Article 110 (1) of the Act:

1. The following data or information regarding various kinds of pensions, insurance, and wages

(a). Enrollment in the public officials pension under the Public Officials Pension Act;

(b) Workplace-based insured persons' report and monthly pension premiums imposed under the National Pension Act;

(c). Reporting on workplaces and the amount of monthly insurance contributions for the employee insured under the National Health Insurance Act;

(d) Enrollment in the military pension plan under the Military Pension Act;

(e) Employees of special post offices enrolled in pension plan under the Special Post Offices Act;

(f) Private school teachers and staff enrolled in pension plan under the Pension for Private School Teachers and Staff Act;

(g) Industrial accident insurance benefits and persons in special types of employment under the Industrial Accident Compensation Insurance Act;

(h) Overdue wages under the Wage Claim Guarantee Act;

2. The following data or information regarding family relations, workers, persons with disabilities, foreigners, etc.:

(a) Computerized information and certificates on records of family relations under the Act on Registration of Family Relations;

(b) Acquisition and loss of nationality and the like under the Nationality Act;

(c) Military service under the Military Service Act;

(d) Termination of employment contracts with foreign workers and other types of employment under the Act on the Employment, etc. of Foreign Workers;

(e) Verification of disabilities under the Act on the Employment Promotion and Vocational Rehabilitation of Persons with Disabilities;

(f) Reporting of place of residence in Korea by Korean national residing abroad and foreign nationality Koreans under the Act on the Immigration and Legal Status of Overseas Koreans.

(g) Resident registration under the Resident Registration Act;

(h) Alien registration, entry into and departure from Korea, and reporting of dismissal or resignation, etc. of aliens under the Immigration Act;

3. The following data or information regarding real estate, automobiles, ships, aircraft, etc.:

(a) A certified copy of construction machinery register and registration of construction machinery business under the Construction Machinery Management Act;

(b) A certified copy of building register under the Building Act;

(c) Certified copies of the parcels-register for sites and the parcels-register for forest areas under the Act on the Establishment, Management, etc. of Special Data;

(d) Farmland Ledgers under the Farmland Act;

(e) Collateral security register under the Act on Security over Movable Property, Claims, Etc.;

(f) Certificates of registered matters for land and certificates of registered matters for buildings under the Registration of Real Estate Act;

(g) Certificates of Registration of Legal Entities under the Non-Contentious Case Procedure Act, the Commercial Registration Act, and the like;

(h) Ship registration certificates under the Ship Registry Act;

(i) Original ship registers under the Ship Act;

(j) Motor vehicle registers under the Motor Vehicle Management Act;

(k) Middle-standing enterprises under the Special Act on the Promotion of Growth and the Strengthening of Competitiveness of Middle-Standing Enterprises;

(l) Registers under the Decree on Registration of Patent Rights, Etc.;

(m) Aircraft original register under the Aviation Safety Act;

4. Other data or information necessary for managing insured status in employment insurance:

(a) Eligibility requirements and eligibility for self-support labor under the National Basic Living Security Act;

(b) Social welfare corporations and social welfare facilities and persons engaging in them under the Social Welfare Services Act;

(c) Social service providers and related workers under the Act on the Use of Social Services and the Management of Vouchers;

(d) Child care centers and child care teachers and staff under the Child Care Act.

[This Article Newly Inserted on Aug. 27, 2020]

Article 111 (Order to Receive Diagnosis)

The head of an employment security office may order a person who falls under Article 44 (3) 1 and who has obtained, or intends to obtain, recognition of unemployment under Article 44 (2) or a person who has received, or intends to receive, sickness benefits, as prescribed in Article 63, to undergo a medical examination at a medical institution designated by the Minister of Employment and Labor, if deemed necessary for payment of unemployment benefits.

Enforcement Ordinance

Article 143 (Expenses for Diagnosis)

If the head of an Employment Security Office orders a diagnosis under Article 111 of the Act, he/she may pay necessary expenses for the diagnosis.

Article 112 (Payment of Reward Money)

(1) The Minister of Employment and Labor may pay reward money to a person who reports fraudulent acts in connection with support for and entrustment of employment security and vocational skills development projects, payment of unemployment benefits, child-care leave benefits or maternity leave benefits, etc., within the limits of budgets. [Amended by Act No. 10339, Jun. 4, 2010 and Act No. 11274, Feb. 1, 2012]
(2) Necessary matters concerning the report of fraudulent acts and payment of reward money under paragraph (1) shall be prescribed in the Ordinance of the Ministry of Employment and Labor. [Amended by Act No. 10339, Jun. 4, 2010]

Article 113 Deleted. [Act No. 10895, Jul. 21, 2011]

Article 113-2 (Special Cases for Recipients under National Basic Living Security Act)

(1) Notwithstanding Article 8, a project to provide employment opportunities for self-reliance under Article 15 (1) 4 of the National Basic Living Security Act shall be deemed a project subject to this Act. In such cases, a recipient under subparagraph 2 of Article 2 of the National Basic Living Security Act who participates in such a project and is paid for his/her work thereunder shall be deemed a worker subject to this Act and an assistance agency under subparagraph 4 of Article 2 of the same Act (referring to the entrusted institution in case where the work of conducting a project is entrusted to it in accordance with the Article 15 (2) of the same Act) shall be deemed an employer subject to this Act.
(2) If a recipient referred to in the latter part of paragraph (1) is a person eligible for assistance under Article 5 (1) of the National Basic Living Security Act, only the provisions of Chapter III shall apply to that recipient.
(3) Notwithstanding Article 18, if a recipient to whom only the provisions of Chapter III shall apply pursuant to paragraph (2) is employed by a different business with which he/she has established insurance relationships, the recipient shall acquire insured status only as a worker of that business.
(4) Self-reliance benefits received by a recipient for participating in a project pursuant to paragraph (1) shall be deemed remuneration based on which the unit period of insurance shall be calculated under Article 41 and wages based on which the amount of daily wage shall be calculated under Article 45.
[This Article Newly Inserted by Act No. 10895, Jul. 21, 2011]

Article 114 (Implementation of Pilot Activities)

(1) The Minister of Employment and Labor may, if difficulties are expected in across-the-board implementation or it is needed to test implementation methods in advance in order to ensure the effective implementation of insurance programs, implement the insurance programs prescribed in the Presidential Decree on a pilot basis. [Amended by Act No. 10339, Jun. 4, 2010]
(2) The Minister of Employment and Labor may provide financial, administrative, technical and other supports to employers, insured persons, etc., and vocational skills development training facilities that participate in the activities implemented on a pilot basis pursuant to paragraph (1). [Amended by Act No. 10339, Jun. 4, 2010]
(3) Necessary matters concerning for whom, where and how pilot activities are implemented pursuant to paragraph (1) and details of support under paragraph (2) shall be determined and announced by the Minister of Employment and Labor. [Amended by Act No. 10339, Jun. 4, 2010]

Enforcement Ordinance

Article 144-2 (Subjects for Implementation of Pilot Activities)

The Minister of Employment and Labor may entrust support for employment creation under Article 17 to other organizations on a pilot basis under Article 114 of the Act.
[This Article Newly Inserted by Presidential Decree No. 22603, Dec. 31, 2010]

Article 115 (Delegation or Entrustment of Authority)

The Minister of Employment and Labor may delegate a part of his/her authority as prescribed by this Act to the head of an Employment Security Office or entrust it to the persons prescribed by the Presidential Decree. [Amended by Act No. 10339, Jun. 4, 2010]

Enforcement Ordinance

Article 145 (Delegation of Authority)

(1) The Minister of Employment and Labor shall delegate his or her authority over the following affairs to the head of each employment security office, as prescribed in Article 115 of the Act:

1. Deleted;

2. Deleted;

3. Deleted;

4. Assisting job creation prescribed in Article 20 of the Act (excluding those entrusted under paragraph (4));

5. Assisting employment adjustment prescribed in Article 21 of the Act;

6. Promoting local employment prescribed in Article 22 of the Act;

7. Assisting employment of the aged, etc. prescribed in Article 23 of the Act;

8. Assisting employment security of construction workers, etc. prescribed in Article 24 of the Act;

9. Carrying out programs for vocational skills development training prescribed in Article 31 (2) of the Act;

10. Providing information on employment and establishing foundations for supporting employment prescribed in Article 33 of the Act (excluding projects for establishing a foundation for employment security and vocational skills development, those for placement of experts, and projects entrusted pursuant to paragraph (6));

11. Imposing restrictions on assistance due to improper acts prescribed in Article 35 of the Act;

12. Granting child care leave benefits and imposing restrictions thereon prescribed in Articles 70 and 73 of the Act;

13. Granting maternity leave benefits, etc. and imposing restrictions thereon prescribed in Articles 75 and 77 of the Act;

14. Demanding submission of reports or related documents or requesting appearances prescribed in Article 108 of the Act (limited to cases where such demand or request is required to process entrusted administrative affairs);

15. Having access to offices, making inquiries to the relevant person, and investigating documents prescribed in Article 109 of the Act (limited to cases where such actions are required to process entrusted administrative affairs), and issuing a prior notice of such investigations and a notice of the findings of such investigations in relation to such actions;

16. Requesting submission of materials prescribed in Article 110 of the Act (limited to cases where such request is required to process entrusted administrative affairs);

17. Paying rewards under Article 112 of the Act;

18. Imposing and collecting administrative fines under Article 118 of the Act.

19. Accepting reports on appointment and dismissal of agents prescribed in Article 4 (excluding cases where an agent conducts the affairs referred to in Article 15 of the Act on behalf of a business owner);

20. Carrying out programs for employment security and employment promotion prescribed in Article 35;

20-2. Deleted;

21. Providing support for projects for assisting employment prescribed in Article 36;

22. Granting subsidies to cover expenses incurred at a facility for promotion of employment prescribed in Article 38 (2) (limited to the facilities for promotion of employment prescribed in Article 38 (1) 2 and 3);

23. Deleted;

24. Granting subsidies for improvement of employees' vocational skills pursuant to Article 43;

25. Deleted;

26. Granting subsidies for employment training pursuant to Article 47.

(2) The Minister of Employment and Labor shall, pursuant to Article 115 of the Act, entrust the Korea Worker's Compensation and Welfare Service prescribed in the Industrial Accident Compensation Insurance Act (hereinafter referred to as the "Korea Worker's Compensation and Welfare Service") with his or her authority over the following affairs:

1. Accepting reports, etc. on insured status prescribed in Article 15 of the Act;

2. Deleted;

2-2. Verifying insured status prescribed in Article 17 of the Act;

3. Requesting reports or related documents and appearances prescribed in Article 108 of the Act (limited to cases where such request is required to process entrusted administrative affairs);

4. Having access to offices, making inquiries to the relevant person, and investigating into documents prescribed in Article 109 of the Act (limited to cases where such actions are required to process entrusted administrative affairs);

4-2. Deleted;

5. Requesting submission of materials prescribed in Article 110 of the Act (limited to cases where such request is required to process entrusted administrative affairs);

5-2. Vice Minister of Gender Equality and Family;

[5-2 Moved to subparagraph 11 ]

6. Accepting an application for insurance purchase of a public official eligible for employment insurance and notifying the fact of such application pursuant to Article 3-2 (2);

7. Accepting an application for withdrawal by an insured public official pursuant to Article 3-2 (4);

8. Accepting a report on appointment or dismissal of an agent referred to in Article 4 (limited to cases where an agent acts as an agent for matters regarding Article 15);

8-2. Managing and operating loans for the work-family balance assistance programs referred to in subparagraph 7 of Article 35;

8-3. Making loans to cover expenses for retaining employees in enterprises eligible for preferential support under Article 37-3;

9. Granting subsidies for the operation of a child care center under Article 38 (4);

10. Granting loans or subsidies to cover expenses for the installation of child care centers prescribed in Article 38 (5) and managing and operating such loans and subsidies;

11. Granting loans to cover expenses for vocational skills development training pursuant to Article 45;

12. Granting loans to cover living expenses during the vocational skills development training prescribed in Article 47-2 and managing and operating such loans.

(3) The Minister of Employment and Labor shall, pursuant to Article 115 of the Act, entrust the Human Resources Development Service of Korea with his or her authority over the following affairs:

1. Supporting the vocational skills development training for business owners pursuant to Article 27 of the Act;

2. Granting subsidies to cover expenses incurred for technical skill competitions conducted by the private sector among the projects for promotion of skilled techniques prescribed in Article 31 (1) 2 of the Act;

3. Requesting reports or related documents or appearances prescribed in Article 108 of the Act (limited to cases where such request is required to process entrusted administrative affairs);

4. Having access to offices, making inquiries to the relevant person, and investigating documents prescribed in Article 109 of the Act (limited to cases where such actions are required to process entrusted administrative affairs);

5. Requesting materials prescribed in Article 110 of the Act (limited to cases where such request is required to process entrusted administrative affairs);

6. Deleted.

7. Granting subsidies to cover expenses of vocational skills development training prescribed in Article 46;

8. Granting loans to cover expenses for vocational skills development training facilities, etc. prescribed in Article 48 and managing and operating such loans;

9. Granting subsidies to cover expenses for vocational skills development training facilities, etc. prescribed in Article 49 and managing and operating such subsidies (excluding affairs relating to decision-making on whether to grant such subsidies);

10. Deleted;

11. Granting subsidies to cover expenses for qualification testing programs prescribed in Article 51 (1) 1;

11-2. Developing, compiling and distributing training materials prescribed in Article 52 (1) 3;

12. Supporting the system for accreditation of exemplary enterprises in the development of human resources prescribed in Article 52 (1) 5;

13. Supporting vocational skills development programs conducted by business owners or employers' associations jointly with small and medium enterprises for employees of small and medium enterprises prescribed in Article 52 (1) 6;

14. Implementing vocational skills development training to improve core abilities to perform duties of business owners or employees of enterprises eligible for preferential support under Article 52 (1) 10;

15. Carrying out vocational skills development programs to promote the organized learning of enterprises eligible for preferential support prescribed in Article 52 (1) 11;

16. Carrying out vocational skills development programs to improve the skills of business owners or staff in charge of the development of human resources of enterprises eligible for preferential support for the development of human resources prescribed in Article 52 (1) 12;

17. Carrying out systematic support programs for on-site training for enterprises eligible for preferential support pursuant to Article 52 (1) 13;

18. Deleted.

(4) The Minister of Employment and Labor may, pursuant to Article 115 of the Act, entrust part of his or her authority over the subsidization of job creation programs pursuant to Article 17, subsidization of improvement programs of employment circumstances for seniors, etc. under Article 37, subsidization of expenses for employment promotion facilities prescribed in Article 38 (2) (limited to the facilities for the promotion of employment under Article 38 (1) 5), subsidization of programs collaboratively conducted by associations of business owners, associations of employees, or their federations prescribed in Article 52 (1) 4 for vocational skills development, and subsidization of local governments, etc. prescribed in Article 55 to the Korea Occupational Safety and Health Agency prescribed in the Korea Occupational Safety and Health Agency Act, the Korea Worker's Compensation and Welfare Service, the Korea Employment Agency for the Disabled prescribed in the Act on the Employment Promotion and Vocational Rehabilitation of Persons with Disabilities (hereinafter referred to as the "Korea Employment Agency for the Disabled"), the Korea Labor Institute established pursuant to Article 8 of the Act on the Establishment, Operation and Fostering of Government-Funded Research Institutes, Etc. (hereinafter referred to as the "Korea Labor Institute"), and other relevant specialized institutions or non-profit juristic person determined and publicly notified by the Minister of Employment and Labor, and the criteria for selecting institutions qualified as such entrustment shall be prescribed by Ordinance of the Ministry of Employment and Labor.

(5) The Minister of Employment and Labor shall, pursuant to Article 115 of the Act, entrust the agencies designated and publicly announced by the Minister of Employment and Labor, such as the Human Resources Development Service of Korea, the Korea Employment Agency for the Disabled, the Korea Labor Institute, or related specialized agencies with part of his or her duties such as the examination of management of employment and other support prescribed in Article 33.

(6) The Minister of Employment and Labor shall, pursuant to Article 115 of the Act, entrust the Korea Employment Information Service established pursuant to Article 18 of the Framework Act on Employment Policy with authority over the following affairs among his or her authority over subsidization of equipment, etc. prescribed in Article 15 (6) of the Act, the provision of information on employment, and the establishment of a foundation for supporting employment prescribed in Article 33 of the Act:

1. Collecting and analyzing information on employment and furnishing such information to employment security offices;

2. Researching, developing, and disseminating techniques for occupational guidance, including counselling on jobs and training;

3. Evaluating the provision of information on employment, occupational guidance, and job referral and providing support for such activities;

4. Operating electronic networks relating to employment insurance among the affairs relating to the establishment of the infrastructure for employment security and vocational skills development.

(7) The Minister of Employment and Labor shall, pursuant to Article 115 of the Act, entrust the Korea Construction Working Mutual Fund prescribed in Article 9 of the Act on the Employment Improvement of Construction Workers with support for stable employment, etc. of construction workers prescribed in subparagraph 4 of Article 35.

(8) In order to carry out the affairs entrusted under paragraphs (2) through (5), the President of the Korea Worker's Compensation and Welfare Service, the President of the Human Resource Development Service of Korea, and the President of the Korea Employment Agency for the Disabled shall each appoint a director responsible for fund revenue and a director responsible for acts incurring expenditure from the fund among standing directors at each institution, appoint an officer in charge of fund disbursement and a fund cashier among the employees of each institution, and shall report the appointment to the Minister of Employment and Labor. In such cases, the duties for which each director or officer is responsible shall be as follows:

1. Director responsible for fund revenue: Duties of a fund revenue collector;

2. Director responsible for acts incurring expenditure from the Fund: Duties of a fund treasurer;

3. Officer in charge of fund expenditure: Duties of a fund expenditure officer;

4. Fund cashier: Duties of a fund accounting official.

(9) The Minister of Employment and Labor shall give notice of the appointment of a director responsible for fund revenue, a director responsible for acts incurring expenditure from the Fund, an officer in charge of fund expenditure, and a fund cashier prescribed in paragraph (8) to the Chairperson of the Board of Audit and Inspection and the Governor of the Bank of Korea.

Enforcement Ordinance

Article 145-2 (Management of Personally Identifiable Information)

(1) Where it is unavoidable to perform the following affairs, the Minister of Employment and Labor (including any person delegated or entrusted with the authority or affairs of the Minister of Employment and Labor pursuant to Article 145) may manage data containing resident registration numbers or alien registration numbers prescribed in Article 19 of the Enforcement Decree of the Personal Information Protection Act:

1. Purchase of the employment insurance for foreign workers prescribed in Article 10-2 of the Act and Article 3-3 of this Decree;

1-2. Purchase of or withdrawal from the employment insurance for public officials in extraordinary civil service and public officials in a fixed term position pursuant to the proviso to Article 10 (1) 3 of the Act and Article 3-2 of this Decree;

2. Reporting of the attainment, loss, etc. of insured status prescribed in Article 15 of the Act;

3. Deleted;

4. Verification of qualifications for insured status prescribed in Article 17 of the Act;

5. Assistance to a business owner who expands employment opportunities prescribed in Article 20 of the Act;

6. Assistance to a business owner who has taken measures for employment security prescribed in Article 21 of the Act;

7. Assistance to a business owner who promotes local employment prescribed in Article 22 of the Act;

8. Assistance for promotion of employment of seniors, etc. prescribed in Article 23 of the Act;

9. Assistance to and providing loans for those who conduct programs aimed at promoting employment security and job creation prescribed in Article 25 of the Act;

10. Assistance for facilities contributing to promotion of employment prescribed in Article 26 of the Act;

11. Promoting loans for those who bear the expenses incurred in vocational skills development training to a business owner prescribed in Article 27 of the Act;

12. Assistance for vocational skills development to the insured, etc. prescribed in Article 29 of the Act;

13. Assistance to and extension of loans to those who bear the expenses incurred in establishing vocational skills development training facilities and purchasing equipment related thereto pursuant to Article 30 of the Act;

14. Assistance to those who conduct programs for promotion of vocational skills development pursuant to Article 31 of the Act;

15. An order to return a subsidy or to additionally collect such subsidy, on account of an improper act, pursuant to Article 35 of the Act;

15-2. Subsidization of national pension premiums pursuant to Article 55-2 of the Act;

16. Payment of child care leave benefits prescribed in Article 70 of the Act;

17. Payment of the benefits for reduced working hours during the period of infant care prescribed in Article 73-2 of the Act;

18. Payment of maternity leave benefits, etc. prescribed in Article 75 of the Act;

19. Application in subrogation for the payment of maternity leave benefits, etc. prescribed in Article 75-2 of the Act;

20. Request for the report, etc. pursuant to Article 108 of the Act;

21. Investigations, etc. under Article 109 of the Act;

22. Request for data prescribed in Article 110 of the Act;

23. Reporting on improper acts and the payment of a monetary reward in return therefor prescribed in Article 112 of the Act;

24. Reporting on the appointment or dismissal of an agent prescribed in Article 4;

25. Reporting on the change of an insured employee's name and other details prescribed in Article 10.

(2) Where inevitable to carry out the following affairs, the head of a relevant employment security office may handle the materials which include resident registration numbers or alien registration numbers under subparagraph 1 or 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act:

1. An order to return job-seeking benefits, etc. or to additionally collect them, on account of improper acts, pursuant to Articles 62, 74 and 77 of the Act;

2. Reporting of unemployment (including verifying a certificate of severance) under Article 42 of the Act;

3. Approval of eligibility for benefits prescribed in Article 43 of the Act;

4. Verification of unemployment, etc. prescribed in Article 44 of the Act;

5. Postponement, etc. of the benefit period prescribed in Article 48 of the Act and Article 71 of this Decree;

6. Payment of individually extended benefits prescribed in Article 52 of the Act;

7. Payment of unpaid job-seeking benefits prescribed in Article 57 of the Act;

8. Payment of sickness benefits prescribed in Article 63 of the Act;

9. Payment of the early re-employment allowance prescribed in Article 64 of the Act;

10. Payment of the long-distance job search allowance prescribed in Article 66 of the Act;

11. Affairs on the payment of the relocation allowance prescribed in Article 67 of the Act.

(3) Where inevitable to carry out the affairs on the request for review prescribed in Article 87 (1) of the Act, an examiner may handle the materials which include resident registration numbers or foreign registration numbers prescribed in subparagraph 1 or 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act.

(4) Where inevitable to carry out the following affairs, the Board of Review may handle the materials which include resident registration numbers or foreign registration numbers prescribed in subparagraph 1 or 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act:

1. Affairs concerning a request for further review prescribed in Article 87 (1) of the Act;

2. Affairs concerning perusal of hearing report prescribed in Article 101 (5) and (6) of the Act.

[This Article Wholly Amended on Jan. 13, 2012]

Enforcement Ordinance

Article 145-3

Deleted

Article 115-2 (Legal Fiction as Public Officials in Application of Penal Provisions)

(1) Where any person performs activities by proxy or is entrusted with activities pursuant to Articles 36 and 115, he or she shall be deemed a public official in applying penalty provisions under Articles 129 through 132 of the Criminal Act.

(2) A non-public official member of the Appeal Committee shall be deemed a public official in applying penalty provisions under Articles 129 through 132 of the Criminal Act.

[This Article Newly Inserted on Dec. 31, 2008]

CHAPTER Ⅸ Penal Provisions

Article 116 (Penal Provisions)

(1) A person who conspires with a business owner and receives the following subsidies or benefits by fraud or other improper means, and such business owner shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding 50 million won:

1. Subsidies for employment stability and vocational skills development programs under Chapter III;

2. Unemployment benefits under Chapter IV;

3. Child care leave benefits, benefits for reduced working hours during the period of child care, maternity leave benefits, etc. under Chapter V.

4. Job-seeking benefits and maternity benefits, etc. under Chapters V-2 and V-3;

(2) Any of the following persons shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won:

1. A business owner who dismisses an employee or gives any disadvantageous treatment to an employee, in violation of Article 105 (including cases applied mutatis mutandis in Article 77-5 (3) or 77-10 (3));

2. A person who receives subsidies or benefits under the subparagraphs of paragraph (1) by fraud or other improper means: Provided, That cases falling under paragraph (1) shall be excluded.

[This Article Wholly Amended on Aug. 27, 2019]

Article 117 (Joint Penal Provisions)

If a representative of a juristic person or, an agent, a servant or any other employee of a juristic person or an individual commits the offense prescribed in Article 116 in relation to the business of the juristic person or individual, the fine prescribed in the same Article shall be imposed on the juristic person or individual, in addition to the punishment of the offender:Provided that this shall not apply unless the juristic person or individual neglects to give considerable attention and supervision to the business concerned in order to prevent such offence.
[This Article Amended by Act No. 9315, Dec. 31, 2008]

Article 118 (Administrative Fines)

(1) An administrative fine of not more than three million won shall be imposed on a business owner or the representative, an agent, or employee of, or any other person employed by a service provider for insurance matters or labor platform operator who falls under any of the following:

1. A person who fails to make a report or makes a false report, in violation of Articles 15 (including cases applied mutatis mutandis in Articles 77-5 (1) and 77-10 (1)), 77-2 (3) and 77-7 (1);

2. A person who fails to issue a certificate of job-leaving or prepares and submits a false certificate of job-leaving, in violation of the latter part of Article 42 (3) (including cases applied mutatis mutandis in Articles 77-5 (2) and 77-10 (2));

3. A person who fails to submit a certificate of job-leaving or prepares and submits a false certificate of job-leaving, in violation of the latter part of Article 43 (4) (including cases applied mutatis mutandis in Articles 77-5 (2) and 77-10 (2));

4. A person who fails to comply with a request for reporting or makes a false report under Article 108 (1) (including cases applied mutatis mutandis in Article 77-5 (3) or 77-10 (3)), who fails to submit a document in response to the same request or submits a false document, or fails to appear in person;

5. A person who fails to comply with a request to issue a certificate under Article 108 (2) (including cases applied mutatis mutandis in Articles 77-5 (3) and 77-10 (3));

6. A person who fails to answer questions, makes a false statement, or refuses, obstructs or evades an investigation prescribed in Article 109 (1) (including cases applied mutatis mutandis in Articles 77-5 (3) and 77-10 (3)).

(2) An administrative fine of up to one million won shall be imposed on an insured, an eligible recipient, or a claimant for the remaining unemployment benefits who falls under either of the following subparagraphs:

1. A person who fails to make a report or makes a false report, who fails to submit a document or submits a false document, or fails to appear in person, as required under Article 108 (3) (including cases applied mutatis mutandis in Articles 77-5 (3) and 77-10 (3));

2. A person who fails to answer questions, makes a false statement, or refuses, obstructs or evades an inspection prescribed in Article 109 (1) (including cases applied mutatis mutandis in Articles 77-5 (3) and 77-10 (3)).

(3) An administrative fine of up to one million won shall be imposed on a person who fails to respond to, or makes a false response to, inquiries by an examiner or the Appeal Committee or who refuses, obstructs, or evades an inspection conducted in accordance with Article 87 (including cases applied mutatis mutandis in Articles 77-5 (3) and 77-10 (3).

(4) The Minister of Employment and Labor shall impose and collect administrative fines under paragraphs (1) through (3) as prescribed by Presidential Decree.

(5) Deleted.

(6) Deleted.

(7) Deleted.

[Moved from Article 117; Previous Article 118 moved to Article 117 ]

Enforcement Ordinance

Article 146 (Imposition of Fines for Negligence)

The amount of the fine for negligence referred to in Article 118 (1) through (3) is shown in Table 3:Provided that the Minister of Employment and Labor may raise or reduce the amount concerned by up to half in consideration of the degree and frequency of the offense, the motive and results of the offense, etc. and in the case of raising the amount, it shall not exceed the maximum amount prescribed in Article 118 (1) through (3) of the Act. [Amended by Presidential Decree No. 22269, Jul. 12, 2010, Presidential Decree No. 22603, Dec. 31, 2010 and Presidential Decree No. 24155, Oct. 29, 2012]
[This Article Wholly Amended by Presidential Decree No. 21015, Sep. 18, 2008]
[Implemented Jan. 1, 2013] Article 146

Addenda <Act No. 8429, May11, 2007>

Article 1 (Enforcement Date)

This Act shall enter into force on the date of its promulgation.

Article 2 (Transitional Measures Concerning Collection of Additional Charges for Fraudulent Acts by Vocational Skills Development Training Providers)

If a person who provides vocational skills development training receives, or intends to receive, support for vocational skills development training in false or other fraudulent ways before enforcement of this Act, the previous provisions shall apply notwithstanding the revised provisions of the proviso of Article 35 (2).

Article 3 (Effective Period)

The revised provisions of the proviso of Article 107 (1) shall remain effective until December 31, 2009.

Article 4 (General Transitional Measures Concerning Action, etc.)

Actions taken by or against administrative authorities pursuant to the previous provisions at the time of the enforcement of this Act shall be seen as actions taken by or against administrative authorities pursuant to the corresponding provisions of this Act.

Article 5 (Transitional Measures Concerning Penal Provisions or Fines for Negligence)

In applying penalties or fines for negligence in acts committed before the enforcement of this Act, the previous provisions shall apply.

Article 6 (Revision of Other Laws)

(1) Parts of the Act on the Employment Improvement, etc. of Construction Workers shall be revised as follows: "Article 13 of the Employment Insurance Act" in Article 5 (3) shall be changed to "Article 15 of the Employment Insurance Act."
(2) Parts of the Act on the Collection, etc. of Premiums for Employment Insurance and Industrial Accident Compensation Insurance shall be revised as follows:
"Proviso of Article 7 of the Employment Insurance Act" and "Article 8 of the Employment Insurance Act" in Article 5 (2) shall be changed to "proviso of Article 8 of the Employment Insurance Act" and "Article 10 of the Employment Insurance Act" respectively.
"Proviso of Article 7 of the Employment Insurance Act" in Article 6 (1) and "Article 8 of the Employment Insurance Act" in paragraph (3) of the same Act shall be changed to "proviso of Article 8 of the Employment Insurance Act" and "Article 10 of the Employment Insurance Act" respectively.
"Proviso of Article 7 of the Employment Insurance Act" in subparagraph 1 of Article 7 shall be changed to "proviso of Article 8 of the Employment Insurance Act".
"Article 8 of the Employment Insurance Act" in the main text of Article 17 (1) shall be changed to "Article 10 of the Employment Insurance Act."
“Article 83-2 of the Employment Insurance Act" in Article 49-2 (1) shall be changed to "Article 113 of the Employment Insurance Act."
(3) Parts of the National Pension Act shall be revised as follows:
"Article 31 of the Employment Insurance Act" in Article 93-2 shall be changed to "Article 40 of the Employment Insurance Act."
(4) Parts of the Employee Skills Development Act shall be revised as follows:
"Article 15 (2)“ in Article 20 (1) 3 shall be changed to "Article 19 (2)."
(5) Parts of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City shall be revised as follows:
“Articles 13 (including authority related to receipt of materials submitted by an original contractor), 13-2, 14, 16 through 18, 18-2 (including authority related to employment security support for construction workers), 22, 24, 26-3, 33-2 (1) and (2), 34 (1), (3), (4) 3 and (5), 37, 42 (1) and (2), 42-2 (1), 43 (2) and (3), 44 (2), 45 (2), 46 (1) through (3), 48 (1) and (3), 49 (3), 51 (1), 52 (1), 53 (1), 55-2, 55-4, 55-5, 55-5, 55-7, 55-9, 75-6 (3), 75-10 (2), 75-11, 76-5, 80 (limited to cases where it is needed to handle business affairs concerning transferred authority) 82 and 86 (limited to imposition and collection of fines for negligence in relation to transferred authority) of the Employment Insurance Act" in Article 147 (4) 1 shall be changed to Articles 15 (including authority related to receipt of materials submitted by an original
contractor), 16, 17, 21 through 23, 24 (including authority related to employment security support for construction workers), 27, 29, 33, 43 (1) and (2), 44 (1), (2), (3) 3 and (4), 47, 51 (1) and (2), 52 (1), 56 (2), 57 (2), 58, 60 (1) through (3), 62 (1) through (3), 63 (3), 65 (1), 66 (1), 67 (1), 70, 72, 73, 75, 77, 93 (3), 97 (2), 98, 103, 108 (limited to cases where it is needed to handle business affairs concerning transferred authority), 111 and 117 (limited to imposition and collection of fines for negligence in relation to transferred authority) of the Employment Insurance Act."
(6) Parts of the Special Act on Support for Areas, etc. Adjacent to Districts Granted to the United States Armed Forces in Korea shall be revised as follows:
"Article 15 of the Employment Insurance Act" in Article 23 (1) shall be changed to "Article 19 of the Employment Insurance Act."
(7) Parts of the Special Act on the Promotion of Business Conversion in Small and Medium Enterprises shall be revised as follows:
"Article 16 of the Employment Insurance Act" and "Article 24 of same Act" in Article 25 (2) 2 shall be changed to "Article 21 of the Employment Insurance Act" and "Article 29 of same Act", respectively.
(8) Parts of the Special Act on Support for Human Resources of Small and Medium Enterprises shall be revised as follows:
"Article 15 of the Employment Insurance Act" in Article 21 (1) shall be changed to "Article 19 of the Employment Insurance Act."

Article 7 (Relationship to Other Laws)

If the previous Employment Insurance Act or its provisions are cited in other Acts and subordinate statutes at the time of the enforcement of this Act and there are corresponding provisions in this Act, this Act or its corresponding provisions shall be considered to be cited in lieu of the previous provisions.

Addenda <Act No. 9315, Dec. 31, 2008>

Article 1 (Enforcement Date)

This Act shall enter into force on the date of its promulgation : Provided that the amended provision of Article 29 (3) shall enter into force at the expiration of three months after its promulgation, and the amended provisions of Article 7, Article 11-2, Article 81 and Article 84 shall enter into force on July 1, 2009.

Article 2 (Application Example concerning Recognition of Entitlement)

The amended provisions of Articles 41 and 43 shall apply to decisions on whether to recognize benefit entitlement after this Act enters into force.

Article 3 (Application Example concerning Right to Maternity Leave Benefits by Subrogation)

The amended provision of Article 75-2 shall apply to the granting of maternity leave, etc., after this Act enters into force.

Article 4 (Transitional Measures concerning Restrictions, etc., on Support Due to Fraudulent Acts)

Notwithstanding the amended provisions of Article 35, restrictions, etc., on support for a person who has received or intends to receive such support in a false or other fraudulent ways shall be governed by the previous provisions.

Addenda <Act No. 9792, Oct. 9, 2009; Revision of the Framework Act on Employment Policy>

Article 1 (Enforcement Date)

This Act shall enter into force on January 1, 2010.

Article 2 (Revision of Other Laws)

(1) and (2) Omitted.
(3) Parts of the Framework Act on Employment Policy shall be revised as follows :
“Article 26 under the Basic Employment Policy Act” in Article 21 (3) shall be changed to “Article 32 under the Framework Act on Employment Policy”.
(4) through (8) Omitted.

Article 3 Omitted.

Addendum <Act No. 9990, Jan. 27, 2010>

This Act shall enter into force on January 1, 2011.

Addenda <Act No. 9999, Feb. 4, 2010; Revision of the Act on the Repair, etc., of Cultural Properties>

Article 1 (Enforcement Date)

This Act shall enter into force one year after its promulgation.

Articles 2 through 7 Omitted.

Article 8 (Revision of Other Laws)

(1) Omitted.
(2) Parts of the Employment Insurance Act shall be revised as follows :
“Article 27 of the Act on the Protection of Cultural Properties” in Article 15 (2) 6 shall be changed to “Article 14 of the Act on the Repair, etc., of Cultural Properties”.

Article 9 Omitted.

Addenda <Act No. 10337, May 31, 2010; Revision of the Workers Vocational Skills Development Act>

Article 1 (Enforcement Date)

This Act shall enter into force three months after its promulgation.

Articles 2 through 6 Omitted.

Article 7 (Revision of Other Laws)

(1) Omitted.
(2) Parts of the Employment Insurance Act shall be revised as follows :
“Articles 16 (4) and (5) and 25 (3) and (4) of the Workers Vocational Skills Development Act” in Article 35 (3) shall be changed to “the provisions of Article 55 (1) and (2) and Article 56 (1) and (3) of the Workers Vocational Skills Development Act”.
(3) through (12) Omitted.

Article 8 Omitted.

Addenda <Act No. 10339, Jun. 4, 2010; Revision of the Government Organization Act>

Article 1 (Enforcement Date)

This Act shall enter into force one month after its promulgation.

Article 2 through 3 Omitted.

Article 4 (Revision of Other Laws)

(1) through (11) Omitted.
(12) Parts of the Employment Insurance Act shall be revised as follows :
“Minister of Labor” in proviso of subparagraph 5 of Article 2, Article 3, Article 7 (4), Article 11 (1) and (2), Article 11-2 (1) through (3), Article 12, Article 15 (1), (2), (4) and (6), Article 16 (1), Article 17 (1) through (3), Article 19 (1) and (2), Article 20, Article 21 (1) through (3), Article 22, Article 23, Article 24 (1) and (2), Article 25 (1), Article 26, Article 27, Article 28, Article 29 (1) through (3), Article 30, Article 31 (1) and (2), Article 32 (1) and (2), Article 33 (1) and (2), Article 34, Article 35 (1), (2) and (4), Article 36, Article 53 (1) and (2), Article 60 (1) 3, Article 60 (2) through (4), proviso of Article 63 (3), Article 65 (3), Article 70 (1), Article 75, Article 78 (1), Article 79 (1) and (3), Article 109 (1), (2) and (4), Article 110 (1), Article 111, Article 112 (1), Article 114 (1) through (3), Article 115 and Article 118 (4) shall be changed to “Minister of Employment and Labor”.
“Ministry of Labor” in Article 7 (1) and Article 99 (1) shall be changed to “Ministry of Employment and Labor”.
“Vice Minister of Labor” in Article 7 (4) shall be changed to “Vice Minister of Employment and Labor”.
“Ordinance of the Ministry of Labor” in Article 15 (2), Article 15 (4) through (6), Article 18, Article 35 (2), proviso of Article 44 (2), Article 51 (3), proviso of Article 53 (1), Article 55 (5), subparagraph 1 B and 2 C of Article 58, Article 62 (1), Article 66 (2), Article 67 (2), Article 70 (3), Article 71, Article 76 (3) and Article 112 (2) shall be changed to “Ordinance of the Ministry of Employment and Labor”.
(13) through (82) Omitted.

Article 5 Omitted.

Addenda <Act No. 10895, Jul 21, 2011>

Article 1 (Enforcement Date)

This Act shall enter into force six months after its promulgation : Provided that the amended provisions of subparagraph 5 of Article 2 shall enter into force on the date of its promulgation, and the amended provisions of Article 26-2, Article 50 (5), Article 70, Article 73-2, Article 74 and Article 113-2 shall enter into force two months after its promulgation.

Article 2 (Applicability Concerning Restrictions on Payment of Subsidies)

Among the amended provisions of Article 26-2, matters concerning the payment of employment retention subsidies shall apply to cases where a plan for employment retention measures is reported after this Act enters into force, and matters concerning the payment of other subsidies shall apply to cases where the relevant workplace employs any worker after this Act enters into force.

Article 3 (Applicability Concerning Prescribed Number of Benef it Days)

The amended provisions of Article 50 (5) shall apply to persons whose acquisition of insured status is confirmed under Article 17 after this Act enters into force.

Article 4 (Transitional Measures Concerning Child-Care Leave Benefits)

In paying child-care leave benefits to a worker who has obtained permission to work shorter hours during a child-rearing period and is in the middle of that period at the time of the enforcement of this Act, pursuant to Article 70 (1), the amended provisions of Article 70 (1) 2 shall apply to the period during which working hours are reduced after this Act enters into force.

Article 5 (Transitional Measures Concerning Benefits for Working Hour Reduction During Child-Rearing Periods)

With regard to a worker who has obtained permission to work shorter hours during a child-rearing period and is in the middle of that period at the time of the enforcement of this Act, the amended provisions of Article 73-2 shall apply to the period during which working hours are reduced after this Act enters into force.

For further questions, please
call (+82) 2-539-0098 or email bongsoo@k-labor.com

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