Article 33 (Support for Vocational Ability Development Training Facilities) (1) Where any business operator, any association of business operators or any federation thereof provided for in Article 25 of the Act installs, independently or jointly, vacational ability development training facilities, or purchases vocational ability development training equipment in order to conduct the training of various types of vocation, including preferentially-selected types of vocation, etc. provided for in Article 34-2 (2) which are published by the Minister of Labor, or where public organizations that have installed the public vocational training facilities pursuant to the provisions of subparagraph 3 (a) of Article 2 of the Act on the Development of Occupational Abilities of Workers replace or repair the superannuated facilities or purchase equipment, the Minister of Labor may financially support part of costs needed to install such facilities and to purchase such equipment within limits of budget. In this case, the Minister of Labor may preferentially treat business operators of the preferentially supported enterprises or the association of business operators of relevant enterprises, and business operators or the association of business operators who undertake the vocational ability development project provided for in Article 34 (1) 3-4. <Amended by Presidential Decree No. 18296, Feb. 25, 2004; Presidential Decree No. 19246, Dec. 30, 2005>
(2) Matters necessary for the limit of support for the expenses under paragraph (1) and procedures therefor, etc. shall be determined by the Ordinance of the Ministry of Labor. <Newly Inserted by Presidential Decree No. 16705, Feb. 9, 2000; Presidential Decree No. 17090, Dec. 30, 2000>
[This Article Wholly Amended by Presidential Decree No. 15829, Jul. 1, 1998]
Article 33-2 (Subsidy for Examination Fees, etc.)
Where any of the insured obtains the national technical qualifications that are prescribed by the Ordinance of the Ministry of Labor pursuant to the provisions of Article 26 (1) 2 of the Act at his own expense (referring to a case where he holds the insured status as of the date on which he finally passes the examination of the national technical qualifications), the Minister of Labor may subsidize the whole or part of the expense under the conditions as prescribed by the Ordinance of the Ministry of Labor.
[This Article Newly Inserted by Presidential Decree No. 19246, Dec. 30, 2005]
Article 33-3 (Subsidy for Qualifying Examination Project) (1) With respect to anyone who undertakes the project falling under any of the following subparagraphs pursuant to the provisions of Article 26 (1) 2 of the Act, the Minister of Labor may subsidize the whole or part of expenses necessary to undertake the project:
1.The qualifying examination project that is undertaken by a business operator in order to upgrade techniques of his workers; and
2.The project that is undertaken by any examination agency in charge of national technical qualifications provided for in the National Technical Qualifications Act in order to help the insured obtain their qualifications.
(2) The qualifying examination project referred to in the provisions of paragraph (1) 1 shall meet all of the following requirements:
1.The qualifying examination is required to be undertaken independently or jointly by any business operator for the workers of the relevant business or a business related to the relevant business;
2.The items of qualifications are required to be directly related to the knowledge and skill that are needed by the relevant business;
3.The regulations that stipulate the preferential treatment of workers who have obtained the relevant qualifications in terms of promotion, grade raise, remunerations, etc. are required to be drawn up and implemented;
4.Any expenses including the examination fees are required not to be collected from workers who intend to obtain the relevant qualifications in connection with the examination project;
5. The qualifying examination is required not to be held for the purpose of profit; and
6. Other requirements that are prescribed by the Ordinance of the Ministry of Labor are required to be fulfilled.
(3) Necessary matters concerning the application for subsidizing the expenses referred to in the provisions of paragraph (1) and ways to subsidize them, etc. shall be prescribed by the Minister of Labor.
[This Article Newly Inserted by Presidential Decree No. 19246, Dec. 30, 2005]
Article 34 (Promotion of Vocational Ability Development) (1) The term "program that is prescribed by the Presidential Decree" in Article 26 (1) 3 of the Act means the program falling under each of the following subparagraphs: <Amended by Presidential Decree No. 15829, Jul. 1, 1998; Presidential Decree No. 16705, Feb. 9, 2000; Presidential Decree No. 17853, Dec. 30, 2002; Presidential Decree No. 18296, Feb. 25, 2004; Presidential Decree No. 18911, Jun. 30, 2005; Presidential Decree No. 19103, Oct. 26, 2005; Presidential Decree No. 19246, Dec. 30, 2005>
1. Research and study for the development program of vocational ability;
2. Educational and public relations for the development program of vocational ability;
3. Program undertaken to develop, edit and disseminate training mediums for the vocational ability development;
3-2. Vocational ability development program undertaken by any business operators' association, any workers' association, or any federation thereof through their cooperation;
3-3. Program undertaken to support the certification system for enterprises that have successfully developed their manpower;
3-4. Vocational ability development program that any business operator, any business operators' association, etc. conducts in concert with any small and medium enterprise for the workers, etc. of such small and medium enterprise;
3-5. Education and training program undertaken to nurture and improve the abilities of teachers in charge of vocational ability development and training provided for in Articles 36 and 37 of the Act on the Development of Occupational Abilities of Workers and persons in charge of human resource development provided for in Article 20 (1) of the same Act;
3-6. Vocational ability development training conducted in accordance with Article 12 of the Act on the Development of Occupational Abilities of Workers;
3-7. Education and training conducted according to the educational and training courses that are adopted by polytechnic colleges in accordance with Article 4 of the Polytechnic College Act;
3-8. Vocational ability development training conducted for improving the key work performance of business operators or workers of preferentially supported enterprises (limited to superior training courses that are prescribed by the Minister of Labor);
3-9. Vocational ability development program conducted to facilitate the organized study aimed at expanding opportunities for the workers of a preferentially supported enterprise to learn the knowledge of work performance, or smoothly accumulating and sharing the knowledge of work performance in the enterprises; and
4. Other programs for the promotion of the vocational ability development.
(2) Deleted. <by Presidential Decree No. 19246, Dec. 30, 2005>
(3) Necessary details related to application for support, method of support, etc. of the expenses referred to in paragraph (1) shall be determined by the Minister of Labor.
[This Article Wholly Amended by Presidential Decree No. 15367, May 8, 1997]
Article 34-2 (Entrustment of Vocational Ability Development Training Program) (1) When the Minister of Labor intends to conduct the vocational ability development program in accordance with Article 26 (2) of the Act, he shall draw up a plan for entrusting such vocational ability development program each year.
(2) The vocational ability development program referred to in paragraph (1) shall be focused on the types of occupation whose manpower runs short in supply among key industries for the national economy, the types of occupation whose manpower runs short in supply among the national strategic industry such as information and communications industries and automobile industries, and other types of occupation whose manpower is required to be cultivated due to increased demand in manpower in industries and which are notified by the Minister of Labor (hereinafter referred to as the "preferentially- selected types of occupation"). <Amended by Presidential Decree No. 18911, Jun. 30, 2005>
(3) The training for the preferentially-selected types of occupation referred to in paragraph (2) may be entrusted to any vocational ability development training establishment or any vocational ability development training corporation under Articles 2 and 32 of the Act on the Development of Occupational Abilities of Workers. <Amended by Presidential Decree No. 18911, Jun. 30, 2005>
(4) Necessary matters concerning the conduct of the training for the preferentially-selected types of occupation, including the subject of the training for the preferentially-selected types of occupation, training procedures, training expenses and financial support for training allowances shall be prescribed by the Ordinance of the Ministry of Labor.
[This Article Wholly Amended by Presidential Decree No. 17853, Dec. 30, 2002]
Article 35 Deleted. <by Presidential Decree No. 15829, Jul. 1, 1998>
Article 35-2 (Support for Development of Vocational Ability of Construction Workers) (1) Under the provisions of Article 26-2 of the Act, the Minister of Labor may support part of the expenses where a business operator or business operators' association of the construction industry conducts vocational ability development training for the development or improvement of vocational ability of construction workers who are not employed in a specified workplace and who are determined and publicly notified by the Minister of Labor; and he may support the expenses required therefor in the case that the same business operator or business operators' association pays a training allowance to the construction workers during the training period. <Amended by Presidential Decree No. 15829, Jul. 1, 1998; Presidential Decree No. 17090, Dec. 30, 2000>
(2) The provisions of Article 27 (2) shall apply mutatis mutandis to the support for the expenses of vocational ability development training referred to in paragraph (1). <Amended by Presidential Decree No. 15829, Jul. 1, 1998; Presidential Decree No. 18296, Feb. 25, 2004>
[This Article Newly Inserted by Presidential Decree No. 15367, May 8, 1997]
Article 35-3 (Subsidy for Local Governments, etc.) (1) The term "nonprofit corporations and organizations prescribed by the Presidential Decree" in Article 26-4 of the Act means the nonprofit corporations incorporated pursuant to Acts or after obtaining permission or authorization from the State or local governments and the nonprofit organizations registered pursuant to the Assistance for Nonprofit Non Governmental Organizations Act.
(2) Where any local government or any nonprofit corporation or organization referred to in the provisions of paragraph (1) undertakes the project aimed at stabilizing the employment, increasing the employment and developing the vocational abilities of the insured, etc. in the relevant region pursuant to the provisions of Article 26-4 of the Act, the Minister of Labor may subsidize the whole or part of necessary expenses within limits of budget.
(3) When the Minister of Labor intends to subsidize the expenses pursuant to the provisions of paragraph (2), he shall publish beforehand the kinds and contents of the project subject to the subsidy, the requirements and contents of the subsidy, the amount of the subsidy and ways to file the application therefor, etc.
[This Article Newly Inserted by Presidential Decree No. 19246, Dec. 30, 2005]
Article 35-4 (Restrictions on Payment of Subsidy, etc. on Grounds of Illegal Act) (1) With respect to anyone who is paid or intends to be paid the subsidy, the grant or the expenses for the vocational ability development training of the following subparagraphs by means of falsity and illegality pursuant to the provisions of Article 26-5 (1) of the Act, the Minister of Labor shall not pay the remainder of the subsidy, the grant or the expenses for the vocational ability development training, nor pay the subsidy, the grant or the expenses for the vocational ability development training that former intends to be paid, and order the person to refund the paid subsidy, the paid grant or the paid expenses for the vocational ability development training:
1.The subsidy or the grant provided for in the provisions of Articles 15-2 through 15-6, 17, 18, 19-2, 20, 22, 22-2 through 22-5, 23, 23-2 through 23- 4, 23-6, 23-7, 24 and 35-3; and
2.The expenses for vocational ability development training provided for in the provisions of Articles 27,30-2 through 30-4, 31 through 33, 33-2, 33-3, 34, 34-2 and 35-2.
(2) With respect to anyone who is paid or intends to be paid the subsidy, the grant or the expenses for vocational ability development training of each subparagraph of paragraph (1) by means of falsity and illegality pursuant to the provisions of Article 26- 5 (1) of the Act, the Minister of Labor shall not pay them for one year from the date on which he is paid or intends to be paid them, and order the person to refund the subsidy, the grant or the expenses for vocational ability development training that are paid during the payment restriction period.
(3) Any person who is ordered to make the refund (including the additional collection provided for in the provisions of Article 26-5 (2) of the Act) pursuant to the provisions of paragraph (1) or (2) shall refund the notified amount within 30 days from the date on which he is notified of the refund. In this case, the refund shall be made in a lump sum in principle, but in case where the refund amount exceeds 10 million won and 1/2 of the roughly estimated insurance premium of the relevant business, the refund may be made in installments under the conditions as prescribed by the Minister of Labor.
(4) Where anyone who is ordered to make the refund pursuant to the provisions of paragraph (1) or (2) fails to fulfill his obligation to make the refund within the fixed period, the subsidy, the grant or the expenses for vocational ability development training shall not be paid to him for the period during which he fails to fulfill his obligation.
[This Article Newly Inserted by Presidential Decree No. 19246, Dec. 30, 2005]
Article 36 (Execution of Business by Proxy) (1) The term "person who is prescribed by the Presidential Decree" in Article 27 of the Act means the person falling under each of the following subparagraphs: <Amended by Presidential Decree No. 19246, Dec. 30, 2005>
1. The Human Resources Development Service of Korea provided for in the Human Resources Development Service of Korea Act (hereinafter referred to as the "Human Resources Development Service of Korea");
2. Polytechnic colleges provided for in the Polytechnic College Act; and
3. Vocational ability development organizations provided for in the provisions of Article 23 of the Act on the Development of Occupational Abilities of Workers.
(2) Where the Minister of Labor has his works carried out by proxy under Article 27 of the Act, he shall financially support expenses needed to carry out the works from the employment insurance fund. <Newly Inserted by Presidential Decree No. 17853, Dec. 30, 2002; Presidential Decree No. 19246, Dec. 30, 2005>
Article 37 Deleted. <by Presidential Decree No. 19246, Dec. 30, 2005>
Chapter IV UNEMPLOYMENT BENEFITS
Article 38 (Determination and Notification of Unemployment Benefits Payment)
When the head of the vocational stabilization agency determines whether or not to pay unemployment benefits, he shall notify this fact to the claimant: Provided, That where he decides to pay the unemployment benefits, he may substitute for notification by recording or transferring the fact on the employment insurance recipient qualification certificate, under the provisions of Article 43. <Amended by Presidential Decree No. 15367, May 8, 1997>
Article 39 (Drawing Up Original Register of Benefits) (1) Where the head of the vocational stabilization agency pays the unemployment benefits, he shall draw up an original register of benefits for each qualified recipient who receives the unemployment benefits.
(2) Where there is a request by a person who is related to the insurance, the head of the vocational stabilization agency shall have the person inspect the original register of benefits and issue a certificate if it is deemed necessary.
Article 40 (Causes for Extension of Standard Period)
The term "causes prescribed by the Presidential Decree" in Article 31 (2) of the Act means the following causes: Provided, That they shall exclude the case where he receives money or valuables as determined by the Minister of Labor pursuant to the proviso of subparagraph 4 of Article 2 of the Act: <Amended by Presidential Decree No. 15587, Dec. 31, 1997>
1. Shutdown of business;
2. Temporary retirement due to pregnancy, delivery or child care; and
3. Temporary retirement from office or other similar situations as determined and notified by the Minister of Labor.
Article 41 Deleted. <by Presidential Decree No. 18165, Dec. 18, 2003>
Article 42 (Application for Job-seeking and Application for Recognition of Recipient Qualification) (1) Any person who desires to report unemployment pursuant to Article 33 of the Act shall make an application for job-seeking as referred to in Article 9 of the Employment Security Act, and submit a written application for recognition of recipient qualification to the head of the vocational stabilization agency who has jurisdiction over his residence (hereinafter referred to as the "head of the vocational stabilization agency having jurisdiction over the residence"). In this case, it shall be accompanied by a payment period extension notice as referred to in Article 51, if delivered. <Amended by Presidential Decree No. 19103, Oct. 26, 2005>
(2) Where any person who desires to report unemployment pursuant to paragraph (1) has a confirmation document on separation delivered by the business operator pursuant to Article 13-2 (2) of the Act, he shall submit it to the head of the vocational stabilization agency having jurisdiction over the residence: Provided, That this shall not apply to a case where it is impossible to deliver a confirmation document on separation due to obscurity of the whereabouts of the business operator who has employed the separated person or other inevitable reasons. <Amended by Presidential Decree No. 18165, Dec. 18, 2003>
(3) As stipulated in Article 34 (3) of the Act, the head of the vocational stabilization agency who receives the report on unemployment pursuant to paragraph (1) shall designate a date on which the reporter must go to the vocational stabilization agency and obtain the recognition of unemployment (hereinafter referred to as the "recognition date of unemployment"), and shall notify it to the reporter.
[This Article Wholly Amended by Presidential Decree No. 15367, May 8, 1997]
Article 43 (Recognition of Recipient Qualification) (1) Where the head of the vocational stabilization agency receives a written application for recognition of recipient qualification as provided in Article 42, he shall deliver an employment insurance recipient qualification certificate (hereinafter referred to as the " recipient qualification certificate") to the applicant on the date when unemployment is first recognized, if the applicant is recognized as having the recipient qualification for jobseeking benefit referred to in Article 33-2 (1) of the Act. <Amended by Presidential Decree No. 15367, May 8, 1997; Presidential Decree No. 16705, Feb. 9, 2000>
(2) Where the person who has submitted a written application for recognition of recipient qualification has no recipient qualification for jobseeking benefit as referred to in Article 33-2 (1) of the Act, the head of the vocational stabilization agency shall notify the fact to the applicant concerned. <Amended by Presidential Decree No. 15367, May 8, 1997; Presidential Decree No. 16705, Feb. 9, 2000>
(3) Where a recipient qualification certificate delivered pursuant to paragraph (1) becomes unusable or is lost, the qualified recipient shall apply for re-delivery to the head of the vocational stabilization agency having jurisdiction over the residence. <Amended by Presidential Decree No. 15367, May 8, 1997>
(4) Where a qualified recipient changes or corrects his name, resident registration number, address or dwelling place, he shall report this fact to the head of the vocational stabilization agency having jurisdiction over the residence. In this case, the head of the vocational stabilization agency shall amend the related details on the recipient qualification certificate and return it. <Amended by Presidential Decree No. 15367, May 8, 1997>
(5) A person who has a recipient qualification delivered pursuant to paragraph (1) may request the head of the vocational stabilization agency who recognized the recipient qualification to deliver the document of particulars that formed the basis for recognition of the recipient qualification. <Newly Inserted by Presidential Decree No. 15367, May 8, 1997>
Article 44 (Recognition of Unemployment) (1) Where a qualified recipient desires to receive recognition of unemployment under Article 34 (3) of the Act, he shall present himself at the vocational stabilization agency having jurisdiction over the residence on the recognition date of unemployment , enter the contents of activities for reemployment during the period ranging from the date following the past unemployment recognition date to the relevant unemployment recognition date in the application for the recognition of unemployment, and submit it together with his recipient qualification certificate. <Amended by Presidential Decree No. 15367, May 8, 1997; Presidential Decree No. 18165, Dec. 18, 2003; Presidential Decree No. 19246, Dec. 30, 2005>
(2) Where the head of the vocational stabilization agency recognizes unemployment as provided in paragraph (1), he shall record the fact on the recipient qualification certificate and return it. <Amended by Presidential Decree No. 15367, May 8, 1997>
(3) The criteria for recognition of reemployment activities under paragraph (1) shall be determined by the Ordinance of the Ministry of Labor. <Newly Inserted by Presidential Decree No. 17090, Dec. 30, 2000; Presidential Decree No. 18165, Dec. 18, 2003>
Article 44-2 (Special Causes for Recognition of Unemployment)
The term "causes as determined by the Presidential Decree" in Article 34 (3) 2 of the Act means any of the following cases:
1. Where a natural disaster occurs;
2. Where the rate calculated by dividing the monthly number of persons who have applied for recognition of recipient qualification for jobseeking benefit by the number of the insured at the end of every month (hereinafter referred to as "rate of application for recipient qualification") exceeds 1/100 for two straight months; and
3.Where a decision on the payment of special extended benefit referred to in Article 42-3 of the Act is made.
[This Article Newly Inserted by Presidential Decree No. 15829, Jul. 1, 1998]
Article 45 (Special Cases in Recognition of Unemployment)
The term "qualified recipient determined by the Presidential Decree" in Article 34 (3) 3 of the Act shall be a person who falls under any of the following subparagraphs: <Amended by Presidential Decree No. 15829, Jul. 1, 1998; Presidential Decree No. 16705, Feb. 9, 2000; Presidential Decree No. 17090, Dec. 30, 2000; Presidential Decree No. 18165, Dec. 18, 2003; Presidential Decree No. 18296, Feb. 25, 2004; Presidential Decree No. 18555, Oct. 1, 2004; Presidential Decree No. 19103, Oct. 26, 2005; Presidential Decree No. 19246, Dec. 30, 2005>
1.A person who can not be present at the vocational stabilization agency on the unemployment recognition date due to employment, interview with a job offerer or other unavoidable reasons, but applies for the change of the unemployment recognition date by being present at the vocational stabilization agency having jurisdiction over the residence by one day prior to the unemployment recognition date;
2.A person who could not be present by the unemployment recognition date or the day before the unemployment recognition date due to employment, interview with a job offerer or other unavoidable reasons, but applies for the change of the unemployment recognition date by being present at the vocational stabilization agency having jurisdiction over his residence within 14 days from the date on which such reasons are terminated;
2-2. A person, who kept employed for not less than 7 days, and was unable to appear on the unemployment recognition date or by the date preceeding the unemployment recognition date, files an application, accompanied by a document certifying his employment date, for recognizing his unemployment within one month from the date on which he is employed. In this case, he may file the application by using mail, facsimile or information communications network;
2-3. A person who was unable to be present at the vocational stabilization agency on the unemployment recognition date due to a mistake by the qualified recipient and files an application for changing the unemployment recognition date by being present at the vocational stabilization agency within 14 days from the relevant date on which his unemployment is recognized (limited to one time within the benefit period provided for in Article 39 of the Act for the relevant qualified recipient);
3.A person in whose case it is deemed proper by the head of the vocational stabilization agency to change the unemployment recognition date due to expiration of the payment period under Article 39 of the Act, the holiday of public offices on account of the Regulations on Holidays of Public Offices or other unavoidable reasons;
4.A person who has any disposition on unemployment benefits taken to him canceled or altered in an examination, reexamination or lawsuit or by virtue of authority of the head of vocational stabilization agency referred to in Article 74 (1) of the Act;
5.A person who is fixed to start work within 30 days from the relevant unemployment recognition date;
6. A person who resides in the island area determined and publicly notified by the Minister of Labor and applies for special cases in recognition of unemployment; and
7. Deleted. <by Presidential Decree No. 19246, Dec. 30, 2005>
Article 46 (Recognition of Unemployment by Certificate) (1) Where a qualified recipient desires to receive recognition of unemployment under Article 34 (4) 1, 2 or 4 of the Act, he shall be present in the vocational stabilization agency having jurisdiction over the residence within 14 days after the cause ends and submit an application form for unemployment recognition annexing his recipient qualification certificate and a certificate stating the reasons for not having presented himself previously. <Amended by Presidential Decree No. 15367, May 8, 1997; Presidential Decree No. 19246, Dec. 30, 2005>
(2) The necessary particulars to be stated in the certificate, details related to the issuer, etc., as referred to in paragraph (1), shall be determined by the Ordinance of the Ministry of Labor.
(3) Where a qualified recipient desires to receive recognition of unemployment under Article 34 (4) 3 of the Act, he shall submit, directly or through an agent, an application form for unemployment recognition, together with his recipient qualification certificate and other certificates issued by institutions implementing job-raining, etc., to the head of the competent vocational stabilization agency. <Amended by Presidential Decree No. 15367, May 8, 1997>
Article 47 (Measures Taken to Facilitate Employment of Qualified Recipients)
The term "measures prescribed by the Presidential Decree, such as the support for establishment of a plan for reemployment activities and the vocational arrangement" in the former part of Article 34 (5) of the Act means the measures falling under each of the following subparagraphs , which are necessary to facilitate the employment of qualified recipients:
1.Support for developing a plan aimed at carrying out reemployment activities;
2. Information and education pertaining to employment insurance, including unemployment benefits;
3. Detailed counseling and guidance on matters that must be prepared for reemployment, such as occupational aptitude tests, provision of occupational information, etc.;
4. Guidance of ways to search and make good use of employment information pertaining to job-offers and training, etc. and the points of preparing resumes and having job interviews as well as ways to carry out reemployment activities, etc.;
5. Provision of opportunities to participate in events held to provide job information, vocational arrangements, accompanying interviews and employment; and
6. Measures necessary for facilitating the reemployment, including the counseling on whether training is needed, the guidance on appropriate training courses, and training instructions.
[This Article Newly Inserted by Presidential Decree No. 19246, Dec. 30, 2005]
Article 47-2 Deleted. <by Presidential Decree No. 18165, Dec. 18, 2003>
Article 48 (Ceiling on Amount of Basic Daily Wage for Benefit) (1) In accordance with Article 35 (5) of the Act, where the daily wage, which is the basis for the calculation of the job-seeking benefit, exceeds 80,000 won, the daily wage shall be 80,000 won. <Amended by Presidential Decree No. 15367, May 8, 1997; Presidential Decree No. 15902, Oct. 1, 1998; Presidential Decree No. 16095, Feb. 1, 1999; Presidential Decree No. 17090, Dec. 30, 2000; Presidential Decree No. 19246, Dec. 30, 2005>
(2) Where the Minister of Labor deems that the adjustment is required in view of the price increase rate, economic fluctuation, and rate of wage hike, etc. after the application of the amount stipulated in paragraph (1), he shall consider the change of relevant amount. <Amended by Presidential Decree No. 17090, Dec. 30, 2000>
Article 49 (Provision of Labor, etc.) (1) Where any qualified recipient has actually provided his labor in accordance with Article 37 (1) of the Act, he shall enter the fact of providing his labor in an application for his unemployment recognition that is filed on the first unemployment recognition date after the date on which he provides the relevant labor.
(2) Criteria for judging whether the provision of the labor referred to in paragraph (1) falls under the employment shall be prescribed by the Ordinance of the Ministry of Labor.
[This Article Wholly Amended by Presidential Decree No. 18165, Dec. 18, 2003]
Article 49-2 Deleted. <by Presidential Decree No. 16705, Feb. 9, 2000>
Article 50 (Reasons for Extension of Payment Period)
The term "reasons determined by the Presidential Decree" in Article 39 (2) of the Act shall be as follows: <Amended by Presidential Decree No. 16095, Feb. 1, 1999; Presidential Decree No. 16464, Jul. 1, 1999; Presidential Decree No. 19103, Oct. 26, 2005>
1. Injury or disease of the recipient (excluding injury or disease where injury and disease benefit is paid pursuant to Article 49 of the Act);
2. Injury or disease of the spouse;
3. Injury or disease of lineal ascendants or descendants of the recipient or of the recipient's spouse;
4. Obligation to serve in the military under the Military Service Act;
5. Detention or execution of a sentence on suspicion of a crime (excluding persons who are disqualified from the recipients under Article 45 (1) of the Act); and
6. Reasons prescribed by the Ordinance of the Ministry of Labor, which correspond to the reasons in subparagraphs 1 through 5.
[This Article Wholly Amended by Presidential Decree No. 15367, May 8, 1997]
Article 51 (Report for Extension of Payment Period) (1) According to Article 39 (2) of the Act, a person who desires to report the fact that he is unable to be employed, shall submit to the head of the vocational stabilization agency having jurisdiction over his residence, directly or through an agent, a payment period extension report annexing his recipient qualification certificate (limited to the case where he has been delivered a recipient qualification certificate) within the payment period: Provided, That where a natural disaster occurs, the person is in the course of the obligatory military service under the Military Service Act, or there are unavoidable causes, it shall be presented within thirty days after the cause has ended. <Amended by Presidential Decree No. 15367, May 8, 1997; Presidential Decree No. 15829, Jul. 1, 1998; Presidential Decree No. 16095, Feb. 1, 1999; Presidential Decree No. 16705, Feb. 9, 2000; Presidential Decree No. 18165, Dec. 18, 2003; Presidential Decree No. 19103, Oct. 26, 2005>
(2) Notwithstanding the provisions of paragraph (1), if any person is paid recuperation allowances in accordance with Article 40 of the Industrial Accident Compensation Insurance Act, he shall be deemed to make a report required by Article 39 (2) of the Act on the first recuperation date. <Newly Inserted by Presidential Decree No. 18296, Feb. 25, 2004; Presidential Decree No. 19103, Oct. 26, 2005>
(3) Where the head of the vocational stabilization agency deems that the report provided by paragraph (1) corresponds to the causes for extension of the payment period, he shall deliver a payment period extension notice to the reporter, record the necessary details on the recipient qualification certificate, and return it. <Amended by Presidential Decree No. 15367, May 8, 1997>
(4) A person who receives the payment period extension notice referred to in paragraph (3) shall, in case the reasons for the extension of the payment period have ended, or among the stated contents on the payment period extension report there are changes in matters which are determined by the Ordinance of the Ministry of Labor, report this fact to the head of the vocational stabilization agency having jurisdiction over the residence without delay, and present the payment period extension notice and recipient qualification certificate. <Amended by Presidential Decree No. 15367, May 8, 1997; Presidential Decree No. 18296, Feb. 25, 2004>
(5) When the head of the vocational stabilization agency receives the report mentioned in paragraph (4), he shall record the relevant matters on the payment period extension notice and the recipient qualification certificate and return them. <Amended by Presidential Decree No. 15367, May 8, 1997; Presidential Decree No. 18296, Feb. 25, 2004>
Article 52 (Payment of Extended Training Benefits) (1) The term "period determined by the Presidential Decree" in the latter part of Article 42 (2) of the Act means two years. <Amended by Presidential Decree No. 16705, Feb. 9, 2000>
(2) and (3) Deleted. <by Presidential Decree No. 16705, Feb. 9, 2000>
Article 52-2 (Payment of Individual Extension Benefit) (1) The term "person prescribed by the Presidential Decree as a qualified recipient who is especially hard to live and to land a job" in Article 42-2 (1) of the Act means any qualified recipient who meets all of the following requirements: <Amended by Presidential Decree No. 16095, Feb. 1, 1999; Presidential Decree No. 16464, Jul. 1, 1999; Presidential Decree No. 16705, Feb. 9, 2000; Presidential Decree No. 17853, Dec. 30, 2002; Presidential Decree No. 18165, Dec. 18, 2003; Presidential Decree No. 19103, Oct. 26, 2005>
1. Deleted; <by Presidential Decree No. 16464, Jul. 1, 1999>
2. A person who has failed to get a job after complying with the job arrangement by the head of an vocational stabilization agency not less than three times for the period ranging from the day he reports his unemployment to the day the payment of the job-seeking allowance for him terminates under Article 33 (1) of the Act and still remains unemployed with a dependent family member falling under any of the following items:
(a) The person who is aged less than 18 or not less than 65;
(b) The disabled persons under the Employment Promotion and Vocational Rehabilitation of Disabled Persons Act; and
(c) The patient who requires a medical treatment for not less than one month;
3. A person who needs the vocational ability development training for his reemployment in view of his vocational experience, wage level, or labor market circumstances, but has not received or is not receiving such vocational ability development training; and
4. A person for whom the aggregate of the basic wage per diem and the property of himself and his spouse are respectively not higher than the standards determined and publicly notified by the Minister of Labor.
(2) The term "period as determined by the Presidential Decree" in Article 42-2 (2) of the Act means sixty days. <Amended by Presidential Decree No. 16095, Feb. 1, 1999>
(3) Where a qualified recipient desires to receive individual extended benefits, he shall submit a written application for the individual extended benefits, together with a recipient qualification certificate, to the head of the vocational stabilization agency having jurisdiction over his residence by the closing date of the payment of the job-seeking benefits. <Newly Inserted by Presidential Decree No. 16095, Feb. 1, 1999; Presidential Decree No. 16705, Feb. 9, 2000>
(4) The necessary matters on the payment of individual extended benefits referred to in paragraph (1) shall be determined by the Ordinance of the Ministry of Labor.
[This Article Newly Inserted by Presidential Decree No. 15829, Jul. 1, 1998]
Article 52-3 (Payment of Special Extended Benefits)
The term "reasons prescribed by the Presidential Decree" in Article 423 (1) of the Act means the cases falling under any of the following subparagraphs and also the case where such situation is expected to continue in the future: <Amended by Presidential Decree No. 16095, Feb. 1, 1999; Presidential Decree No. 16464, Jul. 1, 1999>
1. Where the rate calculated by dividing the number of those who received job-seeking benefits every month (excluding the number of those who receive the training extension benefits under Articles 42 through 42-3 of the Act) by the number of the insured as of end of the month concerned exceeds 3/100 for three straight months, respectively;
2. Where the rate of application for recipient qualification every month exceeds 1/100 for three straight months; and
3. Where the employment rate every month exceeds 6/100 for three straight months.
[This Article Newly Inserted by Presidential Decree No. 15829, Jul. 1, 1998]
Article 53 (Payment Procedure for Job-seeking Benefit) (1) A qualified recipient, on the first unemployment recognition date when he presents himself at the vocational stabilization agency having jurisdiction over the residence, shall designate and report a financial institution and account number by which he desires to be paid the jobseeking benefit. The same shall apply to a case of changing the financial institution and account number. <Amended by Presidential Decree No. 15367, May 8, 1997>
(2) The job-seeking benefit shall be paid through the financial institution designated by the qualified recipient. <Amended by Presidential Decree No. 15367, May 8, 1997>
Article 54 Deleted. <by Presidential Decree No. 19246, Dec. 30, 2005>
Article 55 (Claim for Unpaid Job-seeking Benefit) (1) A person who desires to claim payment of unpaid job-seeking benefit under Article 44 (1) of the Act (hereinafter referred to as the "unpaid benefit claimant") shall submit a claim for the unpaid unemployment benefit to the head of the vocational stabilization agency who has jurisdiction over the residence of the deceased. <Amended by Presidential Decree No. 15367, May 8, 1997>
(2) Where an unpaid benefit claimant desires to obtain the recognition of unemployment of a deceased qualified recipient pursuant to Article 44 (2) of the Act, he shall present himself at the vocational stabilization agency which has jurisdiction over the residence of the qualified recipient , submit a written claim for the unpaid unemployment benefit, and obtain the recognition of unemployment of the qualified recipient.
(3) When an unpaid benefit claimant submits a written claim for the unpaid unemployment benefits, he shall submit the report or documents which should have been submitted when the deceased qualified recipient desired to obtain the payment of the job-seeking benefit. <Amended by Presidential Decree No. 15367, May 8, 1997>
Article 56 (Mutatis Mutandis Application)
The provisions of Article 53 shall apply mutatis mutandis to the procedure for payment of the job-seeking benefit to the unpaid benefit claimant. In this case, the term "vocational stabilization agency having jurisdiction over the residence" shall read the "vocational stabilization agency which has jurisdiction over the residence of the deceased", and the term "qualified recipient" shall read "unpaid benefit claimant". <Amended by Presidential Decree No. 15367, May 8, 1997>
Article 56-2 (Scope of Large Amount of Money and Articles) (1) The term "money and articles of not less than the amount determined by the Presidential Decree" in Article 45-2 (1) of the Act means the money and articles (excluding wages) of one hundred million won or more in total amount paid at the time of separation, irrespective of their names, such as retirement allowances and retirement consolation benefits.
(2) The term "person who is certain to receive as determined by the Presidential Decree" in Article 45-2 (1) of the Act means a person who left his job at the business falling under any of the following subparagraphs: Provided, that this shall not apply to the case where the relevant business faces with the fact determined by the Ordinance of the Ministry of Labor such as a sentence of bankruptcy under the Debtor Rehabilitation and Bankruptcy Act during the period from one year before the qualified recipient leaves his job to the date of report on unemployment after leaving job: <Newly Inserted by Presidential Decree No. 16705, Feb. 9, 2000; Presidential Decree No. 19103, Oct. 26, 2005; Presidential Decree No. 19422, Mar. 29, 2006>
1.A government-invested institute under Article 2 of the Framework Act on the Management of Government-Invested Corporations;
2.A local corporation and local public corporation under Articles 49 and 76 of the Local Public Enterprises Act;
3. A business to which the State, local government, or government-invested institute has financed one half or more of its capital stock, or contributed one half or more of its endowment; and
4.A business which has no delayed payment of wages during one year prior to the date of leaving job.
[This Article Newly Inserted by Presidential Decree No. 15902, Oct. 1, 1998]
Article 57 (Procedures for Suspending Payment of Job-seeking Benefits) (1) With respect to any qualified recipient who has refused to take the job recommended by the head of the vocational stabilization agency, to follow instructions from the head of the vocational agency to undergo the vocational capability development training or to participate in the vocational guidance offered by the head of the vocational stabilization agency for the purpose of facilitating the reemployment of the jobless in accordance with Article 46 (1) and (2) of the Act, the head of the vocational stabilization agency shall serve in advance notice on such qualified recipient that the payment of job-seeking benefit to him may be suspended under the conditions as prescribed by the Ordinance of the Ministry of Labor.
(2) Notwithstanding the notice referred to in paragraph (1), if the relevant qualified recipient has continued to refuse to take the job recommended by the head of the vocational stabilization agency and to undergo the vocational capability development training, etc. in accordance with Article 46 (1) and (2) of the Act, the head of the vocational stabilization agency shall halt the payment of job-seeking benefit to him.
(3) The head of the vocational stabilization agency shall, if he halts the payment of job-seeking benefit in accordance with paragraph (2), notify the relevant qualified recipient of the grounds of halting the payment of job-seeking benefit to him and the period of such halt, etc. by the day before the next unemployment recognition day and his unemployment shall not recognized during the period in which the payment of jobseeking benefit to him is halted.
[This Article Wholly Amended by Presidential Decree No. 18165, Dec. 18, 2003]
Article 57-2 (Dishonest Acts Mitigating Restriction on Payment of Jobseeking Benefits)
The term "case falling under the causes determined by the Presidential Decree" in the main sentence of Article 47 (2) of the Act means that a qualified recipient has causes falling under any of the following subparagraphs: <Amended by Presidential Decree No. 18165, Dec. 18, 2003>
1. Where one fails to report on the fact of providing labor at an application for a recognition of unemployment or makes a false report during the period which is desired to be recognized as unemployment (hereinafter referred to as a "period subject to unemployment recognition" ); and 2. Where one makes a false report on the reemployment-seeking activities performed during the period subject to unemployment recognition at an application for a recognition of unemployment.
[This Article Newly Inserted by Presidential Decree No. 16705, Feb. 9, 2000]
Article 58 (Refund, etc. of Job-seeking Benefits) (1) Under the provisions of Articles 47 and 48 of the Act, when the head of the vocational stabilization agency decides to suspend payment of jobseeking benefits or refund of job-seeking benefits , or to collect the amount equivalent to the job-seeking benefits, he shall notify this fact to the qualified recipient (including a business operator under Article 48 (2) of the Act) without delay. <Amended by Presidential Decree No. 15367, May 8, 1997>
(2) Any person who is ordered to refund job-seeking benefits or to pay the amount equivalent to job-seeking benefits under paragraph (1) shall make payment within thirty days from the notice: Provided, That where the amount to be paid is not less than an amount as determined by the Minister of Labor, it may, upon his own application, be paid in installments. <Amended by Presidential Decree No. 15367, May 8, 1997; Presidential Decree No. 15587, Dec. 31, 1997>
(3) Procedures and time limit, etc. for installment payment referred to in the proviso of paragraph (2) shall be determined by the Minister of Labor. <Newly Inserted by Presidential Decree No. 15587, Dec. 31, 1997>
Article 59 (Payment Request and Payment Exceptions for Injury and Disease Benefits)(1) A qualified recipient shall, in case he desires to request the payment of injury and disease benefits under Article 49 (1) of the Act, directly or by proxy, submit a written claim for payment of the injury and disease benefits, together with his recipient qualification certificate and the certificate of disease, injury or child birth, to the head of the responsible local vocational stabilization agency within 14 days after the cause of inability to work has been removed (within 30 days after the period of payment under Article 39 of the Act is completed, if the period of payment expires within the period of inability to work): Provided, That if there is a natural disaster or any other special reason this shall be submitted within seven days after the cause has ended. <Amended by Presidential Decree No. 15367, May 8, 1997; Presidential Decree No. 15902, Oct. 1, 1998; Presidential Decree No. 16095, Feb. 1, 1999>
(2) The term "compensation or benefits determined by the Presidential Decree" in Article 49 (4) of the Act means compensation or benefits falling under the following subparagraphs: <Amended by Presidential Decree No. 17301, Jul. 7, 2001; Presidential Decree No. 19103, Oct. 26, 2005>
1. Compensation for business shutdown under Article 3 (2) of the State Compensation Act; and
2. Compensation money under Article 7 of the Honorable Treatment of Persons Wounded or Killed for a Righteous Cause Act.
Article 60 (Mutatis Mutandis Application)
The provisions of Articles 49, 53 and 55 through 58 shall apply mutatis mutandis to injury and disease benefits. In this case, the term "application form for unemployment recognition" in Article 49 shall be deemed to read "application form for injury and disease, benefits", and the term "job-seeking benefits" in Articles 53 and 55 through 58 shall read "injury and disease". <Amended by Presidential Decree No. 15367, May 8, 1997>
Article 61 (Standards for Paying Early Reemployment Allowances) (1) The term "case falling under the standards prescribed by the Presidential Decree" in Article 50 (1) of the Act means the case where a qualified recipient falls under any of the following subparagraphs : <Amended by Presidential Decree No. 18165, Dec. 18, 2003>
1.Where he lands a job that is recognized as being certain to keep him employed for not less than 6 months: Provided, That a case where he is reemployed by any business operator from which he quits last or any business operator related to the former who is prescribed by the Ordinance of the Ministry of Labor, or he is employed by any business operator who has promised the former's employment prior to the date on which his unemployment is reported in accordance with Article 33 of the Act; and
2.Where he is recognized as being certain to run the business of his own for profit for not less than 6 months. In this case, this shall only apply to the case where the qualified recipient reports the preparatory activities for running the business as part of activities for reemployment within the period of receiving the benefits pursuant to Article 34 (3) of the Act and is recognized as unemployment.
(2) The term "period set by the Presidential Decree" in Article 50 (2) of the Act means two years.
Article 62 (Amount of Early Reemployment Allowance) (1) The amount of early reemployment allowance provided for in the provisions of Article 50 (3) of the Act shall be the amount calculated according to the standards falling under each of the following subparagraphs: < Amended by Presidential Decree No. 19246, Dec. 30, 2005>
1. Where anyone is reemployed without being paid not less than 2/3 of the fixed number of days for benefit provided for in the provisions of Article 41 of the Act (hereafter referred to as the "fixed number of days for benefit" in this paragraph), the amount obtained by multiplying 2/3 of the number of unpaid days by the daily amount of job-seeking benefits;
2.Where anyone is reemployed without being paid not less than1/3 to less than 2/3 of the fixed number of days for benefit, the amount obtained by multiplying 1/2 of the number of unpaid days by the daily amount of job- seeking benefits; and
3.Where anyone is reemployed without being paid less than 1/3 of the fixed number of days for benefit, the amount obtained by multiplying 1/3 of the number of unpaid days by the daily amount of job-seeking benefits.
(2) Notwithstanding the provisions of paragraph (1), the amount of the early reemployment allowance in a case where a qualified recipient falls under the following subparagraphs shall be the amount obtained by multiplying a daily amount of the job-seeking benefits by the number of unpaid days: <Newly Inserted by Presidential Decree No. 17301, Jul. 7, 2001; Presidential Decree No. 18165, Dec. 18, 2003; Presidential Decree No. 19103, Oct. 26, 2005>
1.He shall be reemployed in the job series (based upon the classifications on the Korean Standard Occupational Classification Table publicly notified by the Commissioner of the National Statistical Office under Article 17 of the Statistics Act) falling under any of the following items in the business kinds set forth and publicly notified by the Minister of Labor, which are the business of manufacturing, construction or fishery falling under small and medium enterprises under Article 3 of the Enforcement Decree of the Framework Act on Small and Medium Enterprises:
(a) Skilled workers and those engaged in the related skills;
(b) Those engaged in equipments, machine operation and assembling; and
(c) Those engaged in a simple labor; and
2. Deleted. <by Presidential Decree No. 17853, Dec. 30, 2002>
Article 63 (Claim for Payment of Early Reemployment Allowance) (1) Where any qualified recipient intends to have his early reemployment allowance paid, he shall file a written claim, accompanied by documents, including his recipient qualification certificate, etc. prescribed by the Ordinance of the Ministry of Labor, with the head of the vocational stabilization agency having jurisdiction over the residence.
(2) The written claim for the payment of the early reemployment allowance referred to in paragraph (1) shall be filed after the date on which he lands a stable job or he begins to run the business of his own for profit in accordance with Article 50 (1) of the Act.
(3) The provisions of Article 53 shall apply mutatis mutandis to the procedures for paying early reemployment allowances.
[This Article Wholly Amended by Presidential Decree No. 18165, Dec. 18, 2003]
Article 63-2 (Subsidy for Reemployment Facilitation Activities) (1) Where the relevant recipient lands a stable job again within the fixed number of days for benefit with the help of the measures provided for in the provisions of Article 47, which are taken by any staff of the vocational stabilization agency pursuant to the provisions of Article 50 (5) of the Act, the Minister of Labor may assess the record of the measures to pay the subsidy for reemployment facilitation activities to the vocational stabilization agency within limits of budget.
(2) Necessary matters concerning the assessment of the record of the measures to pay the subsidy for reemployment facilitation activities referred to in paragraph (1), the selection of persons eligible for the payment of such subsidy, ways to pay the subsidy, the amount of the subsidy, etc. shall be prescribed by the Minister of Labor.
[This Article Newly Inserted by Presidential Decree No. 19246, Dec. 30, 2005]
Article 64 (Vocational Ability Development Allowance) (1) Vocational ability development allowance referred to in Article 51 (3) of the Act shall be paid on the day when a qualified recipient receives the job training, etc. directed by the head of the vocational stabilization agency and which is designated for payment of job-seeking benefits. <Amended by Presidential Decree No. 15367, May 8, 1997>
(2) The amount of vocational ability development allowance under Article 51 (3) of the Act shall be the amount which the Minister of Labor has decided and announced in consideration of traffic expenses, food expenses and other necessary expenses for the job training, etc .
(3) Vocational ability development allowance shall be paid on the day of payment of job-seeking benefits of a qualified recipient. In this case, the provisions of Article 53 shall apply mutatis mutandis to the payment procedure for vocational ability development allowance. <Amended by Presidential Decree No. 15367, May 8, 1997>
(4) The procedure of application for vocational ability development allowance shall be determined by the Ordinance of the Ministry of Labor.
Article 65 (Wider Area Job-Seeking Expenses) (1) The term "standards determined by the Presidential Decree" in Article 52 (1) of the Act shall require the following conditions:
1. Deleted; <by Presidential Decree No. 18165, Dec. 18, 2003>
2. Expenses required for job-seeking activities shall not be paid by the business operator of the business which a qualified recipient visits for jobseeking, and even if paid, they shall be less than the amount of the wider area job-seeking expenses; and
3. The distance from the qualified recipient's residence to the place of business visited for job-seeking shall be as far as or farther than the distance determined by the Ordinance of the Ministry of Labor. In this case, the distance is measured by the usual route from the residence to the business place, and a waterway is considered double the actual distance.
(2) The procedure of application for the wider area job-seeking expenses shall be determined by the Ordinance of the Ministry of Labor. In this case, the provisions of Article 53 shall apply mutatis mutandis to the payment procedure for the wider area job-seeking expenses.
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