Q. Although the CEO of our corporation is registered as the corporation’s representative director on the certified copy of the register, his start and finish times are actually set and he works under the direction of the overseas headquarters. I know that only workers are eligible for employment insurance. Is there any way for the CEO of the corporation to subscribe to employment insurance?
A. Since persons covered by employment insurance must be “workers” under the Labor Standards Act, the representative director or an individual person in the corporate workplace that is the “employer” is not eligible for employment insurance in principle. Even if a person is registered as a promoter or shareholder with a shareholding interest in the corporation, unless he/she is appointed as the representative director of the same corporation or has worked as a substantial representative, he/she can be recognized as qualifying for unemployment benefits. However, if he/she is registered as a representative director on the certified copy of corporate registration, it is difficult to actually subscribe to employment insurance as a worker. However again, amendments to the Employment Insurance Act allow, in exceptional cases, special provision for the application by the self-employed for unemployment benefits (July 21, 2011). If the following conditions are met, the self-employed person or the CEO can subscribe to unemployment benefits, employment security, and benefits for job skills training.

Criteria for self-employed persons to be able to subscribe to employment insurance:
1. They do not hire workers or employ fewer than 50 workers;
2. They actually run a business with a business registration certificate or with a unique number in accordance with the Income Tax Act;
3. They have received no job-seeking benefits within two years prior to the date of application for employment insurance;
4. The business is not one that is excluded from employment insurance for the self-employed (fewer than 5 people in agriculture, forestry, fishing, hunting, small-scale construction, housekeeping, etc.)
Employment insurance can be applied for through the Korea Labor Welfare Corporation. When submitting, attach the relevant business registration certificate and a copy of the applicant’s resident registration to the “Application Form for Employment Insurance for Self-Employed Persons.”