Foreign Employment and Visa

Chapter 3. MANAGEMENT OF LABOR AFFAIRS FROM FOREIGNER EMPLOYMENT TO RETIREMENT

Eligibility and Procedures for Unemployment Benefits

■ Eligibility for Unemployment Benefits
Unemployment benefits refer to the payment of a designated wage during a job search period to overcome financial insecurity caused by unemployment and to support the stability of livelihood for employees who have subscribed to employment insurance and become unemployed. However, unemployment benefits are not paid as consolation money for unemployment or as a reward for paying employment insurance premiums, so it is necessary to actively engage in job search activities. Unemployment benefits are divided into job-seeking allowances and employment promotion allowances.
First, to receive unemployment benefits, all of the following conditions must be met. ▴The employee must have been subscribed to employment insurance for at least 180 days during the 18 months prior to the retirement date. ▴Even though the employee has the intention and ability to work, they must be in a state where they cannot find employment. ▴They must make active efforts to find reemployment. ▴The reason for retirement should not be a limiting factor for eligibility. That is, the employee must have left their job due to non-voluntary reasons, such as management dismissal, recommendation to resign, expiration of employment contract, or mandatory retirement. Therefore, if the employee has voluntarily resigned from their job to change careers or start a business, or if they have been dismissed due to their own significant fault, they cannot receive unemployment benefits. Here, being dismissed due to their own significant fault refers to cases such as ▴being sentenced to imprisonment or higher punishment for violating criminal law or laws related to job duties and being dismissed, ▴causing significant property damage to the company deliberately, such as embezzlement of public funds, disclosure of company secrets, or destruction of equipment, and being dismissed, ▴being dismissed after being absent from work for a long time without a justifiable reason. It should be noted that even if a person who falls under these three significant faults resigns due to recommendation to resign, they will not be recognized as eligible for unemployment benefits.
Second, since unemployment benefits are paid to eligible individuals who actively seek reemployment during their unemployment period, they cannot receive unemployment benefits if they are reemployed. However, if an eligible individual is certain to be employed for more than 6 months or is certain to start a self-employed business for more than 6 months during the period in which they are receiving unemployment benefits, they can receive an early reemployment allowance for a portion of the unpaid amount depending on the timing of reemployment.
Third, in principle, those who voluntarily resign from their job for personal reasons such as changing careers or pursuing education cannot receive unemployment benefits. However, if they resign for the following reasons, they can receive unemployment benefits exceptionally (Article 101, Paragraph 1, Appendix 2 of the Enforcement Rule of the Employment Insurance Act, revised on June 30, 2022).



1. If any of the following happens within a period of two months or more within one year prior to the date of unemployment:
① The actual working conditions are lower than the working conditions presented at the time of hiring or the working conditions generally applied after hiring;
② The payment of wages is delayed;
③ If the wage paid for prescribed work falls below the minimum wage under the Minimum Wage Act;
④ If the restrictions on extended work in Article 53 of the Labor Standards Act are violated;
⑤ Due to workplace closures, less than 70 percent of average wage is paid.
2. If the employee received unreasonable discrimination on the grounds of religion, sex, physical disability, union activities, etc. at the workplace;
3. If the employee was unwillingly subjected to sexual harassment, sexual assault, or other sexual bullying in the workplace;
3-2. In case of workplace harassment pursuant to Article 76-2 of the 「Labor Standards Act」
4. The business is certain to go bankrupt or close, or large-scale layoffs are planned;
5. If the employee is advised to terminate employment by the employer due to any of the following conditions, or if he or she leaves the job due to the recruitment of early retirement applicants pursuant to an employment adjustment plan caused by the inevitability of staff reductions:
① Transfer, acquisition, merger of business;
② Partial business abolition or business conversion;
③ Abolition and reduction of organization by reorganization;
④ Changes in work patterns due to the introduction of new technologies and technological innovations;
⑤ Deterioration of management, congestion of human resources or other similar reasons.
6. If the employee experiences difficulties in commuting due to any of the following reasons (at least three hours are required to get to the workplace and back by ordinary means of transportation):
① Relocation of business;
② Transfer to another business location;
③ Transfer of residence for the purpose of cohabiting with a spouse or relatives in need of support;
④ Other unavoidable reasons for the difficulty.
7. Due to the circumstances of the company, the employee could not take vacation or temporary leave and terminated employment during the period of more than 30 days of supporting his or her parents or cohabitating relatives for sickness or injury;
8. The employee works at a workplace where, despite a “serious accident” occurring in accordance with Article 2, Item 2 of the Occupational Safety and Health Act, and a correction order received from the Minister of Employment and Labor, the company has taken no corrective actions within the given period and employees are exposed to the same danger;
9. Termination of the employee’s employment is objectively recognized based on the opinion of a doctor or the employer, etc., due to an insured worker being unable to perform given task(s) due to a lack of physical strength, physical or mental disability, illness, injury, loss of sight, hearing or tactile sense (job transfers and temporary leaves are also allowed if they are due to company circumstances);
10. The insured worker is unable to continue work due to pregnancy, childbirth, childcare of a child under the age of 8 or up to second grade in elementary school (including an adopted child), or the employer cannot allow vacation or temporary leave for the employee to fulfill his obligatory service under the Military Service Act;
11. If the details of the business of the employer become illegal due to enactment or amendment of laws and ordinances or produces or sells goods or services not illegal at the time of employment, but now prohibited by laws or regulations;
12. The employee reaches retirement age or the employee’s contract expires;
13. In addition, it is objectively recognized that other workers in the workplace under the circumstances of the insured person may have resigned.


■ Unemployment Benefits Payment and Application Procedures
Unemployment benefits are calculated by multiplying the predetermined number of paydays by 60% of the average wage before retirement, within a range of 120 to 270 days, depending on the age and duration of employment insurance enrollment at the time of retirement. When a worker leaves a job, they should request a job transfer confirmation letter and a report on the loss of employment insurance eligibility from their employer and apply for recognition of eligibility for benefits at the employment center in their residential area. Even if one is eligible for unemployment benefits, they cannot receive them if 12 months have passed since retirement, so they must immediately submit a job application and a recognition of eligibility application for benefits to the employment center in their residential area upon retirement.

For further questions, please
call (+82) 2-539-0098 or email bongsoo@k-labor.com

    • 맨앞으로
    • 앞으로
    • 다음
    • 맨뒤로