Article 30 (Limits of Support for Expenses) (1) The total amount of support for expenses related to vocational abilities development training which the business owner may receive pursuant to Article 23-2 of the Act, shall be limited to an amount equivalent to 180/100 (120/100 in the case of a large scale enterprise) of the estimated premiums for the vocational ability development activities which the business owner shall pay during the year concerned: Provided, That for the designated period referred to in Article 16 (3), the total limit on expenses payable for the business owner may be 200/100 (150/100 for a large scale enterprise) of the estimated premiums for vocational abilities development activities to be paid by the business owner in the year concerned. <Amended by Presidential Decree No. 15367, May 8, 1997; Presidential Decree No. 15829, Jul. 1, 1998>
(2) Notwithstanding the provisions of paragraph (1), where a business owner carries out training approved by the Minister of Labor pursuant to Article 28 of the Worker Vocational Training Promotion Act, he may receive up to 100/100 of the estimated premiums for vocational abilities development activities to be paid by the business owner in the year concerned, plus support payment referred to in paragraph (1). <Amended by Presidential Decree No. 15829, Jul. 1, 1998>
Article 30-2 (Support, etc. for Subsidies for Taking Lectures) (1) The Minister of Labor may support part of necessary expenses for those falling under any of the following subparagraphs who receive vocational abilities development training at any vocational abilities development training facilities or facilities approved by the Minister of Labor on their own accounts pursuant to Article 24 (1) of the Act on such terms and conditions as the Ordinance of the Ministry of Labor may determine:
1. Any insured who is certain to leave his job due to a personnel reduction plan bankruptcy or discontinuance of business, etc.;
2. Any insured with not less than fifty years old; and
3. Any insured who, scheduled to leave his job, receives vocational abilities development training necessary for a start-up.
(2) The Minister of Labor may loan tuition fees in whole or in part on such terms and conditions as the Ordinance of the Ministry of Labor may determine where any workers who are insured enters a technical college under the Technical College Act or at a school which is a junior college under the Higher Education Act or higher at their own accounts pursuant to Article 24 (1) of the Act.
(3) The loan conditions such as the interest rate and terms of a loan referred to in paragraph (2) shall be determined by the Minister of Labor in consultation with the Minister of Finance and Economy.
[This Article Newly Inserted by Presidential Decree No. 15829, Jul. 1, 1998]
Article 31 (Re-employment Training for Unemployed) (1) The Minister of Labor may, under Article 24 (2) of the Act, carry out reemployment training for job seekers who are formerly insured unemployed, deemed necessary to undergo vocational abilities training. <Amended by Presidential Decree No. 15829, Jul. 1, 1998>
(2) The expenses required for reemployment training referred to in paragraph (1) may be paid to those who undergo training or any institution carrying out the training concerned. <Amended by Presidential Decree No. 15829, Jul. 1, 1998>
(3) In the case that the Minister of Labor executes vocational abilities development training for re-employment of the unemployed under Article 24 (2) of the Act, if the same unemployed does not have the qualifications for the job-seeking benefit as stipulated in Article 31 of the Act, the Minister of Labor may pay the training allowance. <Amended by Presidential Decree No. 15367, May 8, 1997; Presidential Decree No. 15829, Jul. 1, 1998>
Article 32 (Loan of Expenses for Vocational Abilities Development Training Facilities, etc.) (1) The Minister of Labor may, under Article 25 (1) of the Act, loan the expenses required to set up vocational abilities development training facilities and to purchase equipment, to the person who executes or desires to execute vocational abilities development training . <Amended by Presidential Decree No. 15367, May 8, 1997; Presidential Decree No. 15829, Jul. 1, 1998>
(2) Deleted. <by Presidential Decree No. 15829, Jul. 1, 1998>
(3) The loan conditions such as the interest rate and terms of the loan, as stipulated in paragraph (1), shall be determined by agreement between the Minister of Labor and the Minister of Finance and Economy. In this case, the rate of the loan may be decided differently for the business owner of the preferentially supported enterprise and the association of business owners of such enterprises. <Amended by Presidential Decree No. 15367, May 8, 1997; Presidential Decree No. 15829, Jul. 1, 1998>
(4) Necessary details related to the loan ceiling and procedures, etc., of the expenses referred to in paragraph (1) shall be determined by the Minister of Labor. <Newly Inserted by Presidential Decree No. 15367, May 8, 1997; Presidential Decree No. 15829, Jul. 1, 1998>
Article 33 (Support for Vocational Abilities Development Training Facilities)
Where the business owner of a preferentially supported enterprise, the association of business owners of preferentially supported enterprises and the Korea Manpower Agency under the Korea Manpower Agency Act install vocational abilities development facilities independently or jointly pursuant to Article 25 of the Act, the Minister of Labor may support part of the installation expenses.
[This Article Wholly Amended by Presidential Decree No. 15367, May 8, 1997]
Article 34 (Promotion of Vocational Ability Development) (1) The Minister of Labor may provide support for a person who executes or desires to execute the following activities, pursuant to Article 26 (1) 3 of the Act, with the expenses required for their execution: <Amended by Presidential Decree No. 15829, Jul. 1, 1998>
1. Research and study related to activities for the development of vocational abilities;
2. Educational and public relations activities for the development of vocational abilities;
3. Development, publication and distribution of textbooks for the development of vocational abilities;
3-2. Qualifying examination activities carried out by business owners to improve the workers, techniques; and
4. Other activities promoting development of vocational abilities.
(2) Qualifying examination activities referred to in paragraph (1) 3-2 shall meet the following requirements: <Newly Inserted by Presidential Decree No. 15829, Jul. 1, 1998>
1. They shall be qualifying examination activities carried out by any business owner(s) independently or jointly for workers of the business or its associated business;
2. Items of qualifying examination shall be directly related to goods or services of the business and shall not overlap items of national technical qualifications;
3. They shall have established and implemented regulations which give preferential treatment to workers who have obtained the qualifications concerned in promotion, a rise in pay, remuneration, etc.; and
4. They shall not charge workers who want to obtain the qualifications concerned all the expenses such as qualifying commissions in connection qualifying examination activities.
(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 (Entrusted Implementation of Vocational Abilities Development Training Activities) (1) Where the Minister of Labor intends to carry out vocational abilities development training activities by entrustment pursuant to Article 26 (2) of the Act, he shall annually establish a plan for vocational abilities development training activities to be entrusted (hereinafter “entrusted training activities”).
(2) The type of businesses to be trained in entrusted training activities referred to in paragraph (1) shall be determined, giving preference to any type of business which is difficult for the individual business owner to carry out or which is lacking in manpower or that forming a basis for the nation’s economic development.
(3) Entrusted training activities referred to in paragraph (1) shall be carried out, entrusted to any vocational abilities development facilities referred to in Article 2 of the Worker Vocational Training Promotion Act.
[This Article Newly Inserted by Presidential Decree No. 15829, Jul. 1, 1998]
Article 35 Deleted. <Amended by Presidential Decree No. 15829, Jul. 1, 1998>
Article 35-2 (Support for Development of Vocational Abilities 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 owner or business owners’ association of the construction industry conducts vocational abilities development training for the development or improvement of vocational abilities of construction workers who are not employed in a specified workplace; and he may support the expenses required therefore in the case that the same business owner or business owners’ association pays a training allowance to the construction workers during the training period. <Amended by Presidential Decree No. 15829, Jul. 1, 1998>
(2) The provisions of Article 27 (2)and (3) shall apply mutatis mutandis to the support for the expenses of vocational abilities development training referred to in paragraph (1). <Amended by Presidential Decree No. 15829, Jul. 1, 1998>
[This Article Newly Inserted by Presidential Decree No. 15367, May 8, 1997]
Article 36 (Execution of Business by Proxy)
The Minister of Labor may, under Article 27 of the Act, have the Korea Manpower Agency, as set forth by the Korea Manpower Agency Act and the Korea Research Institute for Vocational Education and Training under the Korea Research Institute for Vocational Education and Training Act, exercise by proxy each of the activities listed in Article 34 (1). <Amended by Presidential Decree No. 15367, May 8, 1997; Presidential Decree No. 15587, Dec. 31, 1997; Presidential Decree No. 15829, Jul. 1, 1998>
Article 37 (Restriction of Support Payments, etc., Due to Dishonest Acts)
The provisions of Article 26 shall apply mutatis mutandis to the order for payment suspension or payment refund of the expenses for vocational abilities development training paid pursuant to Article 27. In this case, the term “support or subsidy” shall be deemed to read the “expenses for vocational abilities development training ”. <Amended by Presidential Decree No. 15829, Jul. 1, 1998>
CHAPTER Ⅴ UNEMPLOYMENT BENEFITS
Article 38 (Determination and Notification of Unemployment Benefits)
When the head of the Employment Security Office determines whether or not to pay unemployment benefits, he shall notify this fact to the applicant: Provided, That in the case that 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) The head of the Employment Security Office, when he pays the unemployment benefits, shall draw up an original register of benefits for each qualified recipient who receives the unemployment benefits.
(2) In the case that there is a request by a person who is related to the insurance, the head of the Employment Security Office 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 “causes provided for by the Presidential Decree” under Article 31 (2) of the Act shall be the following causes: Provided, That they shall exclude the case where he receives money as determined by the Minister of Labor pursuant to the proviso of subparagraph 4 of Article 2 of 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 (Exclusion of Daily Working Period)
The period worked as a daily worker, as specified in Article 30 of the Act, shall be excluded from the insured period when calculating the insured unit period under the provision of Article 32 (1) of the Act and the fixed payment days under the provision of Article 41 (1)of the Act.
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 Employment Security Office who has jurisdiction over his residence (hereinafter referred to as the “head of the Employment Security Office 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.
(2) In the case where any person who desires to report unemployment pursuant to paragraph (1) has a confirmation document on separation delivered by the business owner pursuant to Article 10 (6), he shall submit it to the head of the Employment Security Office having jurisdiction over the residence: Provided, That this shall not apply in case where it is impossible to deliver a confirmation document on separation due to obscurity of the whereabouts of the business owner who has employed the separated person or other inevitable reasons.
(3) As stipulated in Article 34 (3) of the Act, the head of the Employment Security Office who receives the report on unemployment pursuant to paragraph (1) shall designate a date on which the reporter must go to the Employment Security Office 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) In the case where the head of the Employment Security Office 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, in the case that the applicant is recognized as having the recipient qualification for job-seeking benefit referred to in Article 31 (1) of the Act. <Amended by Presidential Decree No. 15367, May 8, 1997>
(2) In the case where the person who has submitted a written application for recognition of recipient qualification has no recipient qualification for job-seeking benefit as referred to in Article 31 (1) of the Act, the head of the Employment Security Office shall notify the fact to the applicant concerned. <Amended by Presidential Decree No. 15367, May 8, 1997>
(3) In case the recipient qualification certificate mentioned in paragraph (1) becomes unusable or is lost, the recipient shall apply to the head of his local Employment Security Office for re-delivery. <Amended by Presidential Decree No. 15367, May 8, 1997>
(4) In the case that the qualified recipient changes or corrects his name or resident registration number or address or dwelling place, he shall report this fact to the head of his local Employment Security Office. In this case the head of the Employment Security Office shall amend the related details on the recipient qualification certificate and return it. <Amended by Presidential Decree No. 15367, May 8, 1997>
(5) The person who has a recipient qualification delivered pursuant to paragraph (1) may request the head of the Employment Security Office 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) In case the qualified recipient desires to receive recognition of unemployment under Article 34 (3) of the Act, he shall present himself at the responsible Employment Security Office in his local area on the recognition date of unemployment and record on the application form for recognition of unemployment, the contents of his past 14 days of job-seeking activities, and submit it together with his recipient qualification certificate. <Amended by Presidential Decree No. 15367, May 8, 1997>
(2) In the case that the head of the Employment Security Office 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>
Article 44-2 (Special Causes for Recognition of Unemployment)
The term “causes as determined by the Presidential Decree” listed 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 number of persons who have applied for recognition of recipient qualification for job-seeking benefit (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)
In reference to Article 34 (3) 3 of the Act, the “qualified recipient determined by the Presidential Decree” shall be the person who fits one of the following categories: <Amended by Presidential Decree No. 15829, Jul. 1, 1998>
1. The person who can not be present at the Employment Security Office on the unemployment recognition date due to employment or interview with the job offerer or other unavoidable reasons and who applied for the change of the unemployment recognition date at the responsible local Employment Security Office by one day prior to the unemployment recognition date;
2. The person who can not be present by the unemployment recognition date or the day before the unemployment recognition date due to employment or interview with the job offerer or other unavoidable reasons, and who applies for the change of the unemployment recognition date at the responsible local Employment Security Office without delay after the reason has ended (restricted to the case of being present on the day before the next unemployment recognition date);
3. The person in whose case it is deemed proper by the head of the Employment Security Office 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; and
4. The person who has any disposition on unemployment benefits taken to him cancelled or altered in an examination, reexamination or lawsuit referred to in Article 74 (1) of the Act.
Article 46 (Recognition of Unemployment by Certificate) (1) In the case that the qualified recipient desires to receive recognition of unemployment under Article 34 (4) 1, 2 or 4 of the Act, he may present himself at the responsible local Employment Security Office on the unemployment recognition date and present the application form for unemployment recognition annexing the recipient qualification certificate and a certificate stating the reasons for not having presented himself previously. <Amended by Presidential Decree No. 15367, May 8, 1997>
(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) In the case that the qualified recipient desires to receive recognition of unemployment, as stipulated by Article 34 (4) 3 of the Act, he shall present, directly or through an agent, the application form for unemployment recognition, together with his recipient qualification certificate and other certificates issued by job-training or other institutions, to the head of the local Employment Security Office. <Amended by Presidential Decree No. 15367, May 8, 1997>
Article 47 Deleted. <by Presidential Decree No. 14935, Mar. 9, 1996>
Article 47-2 (Calculation of Basic Daily Wage for Benefit)
Pursuant to the proviso of Article 35 (1) of the Act, in the case that the period for calculation of average wages in the last business related to the recipient qualification is less than 2 months, the basic daily wage for benefit shall be calculated by adding together the average wage received in that business and the average wage received in the business where the recipient was employed immediately prior to that business, and multiplying the total by one half.
[This Article Newly Inserted by Presidential Decree No. 15367, May 8, 1997]
Article 48 (Ceiling on Amount of Basic Daily Wage for Benefit) (1) In accordance with Article 35 (5) of the Act, in the case that the basic daily wage, which is the basis for the calculation of the job-seeking benefit, exceeds sixty thousand won, the basic daily wage shall be sixty thousand won. <Amended by Presidential Decree No. 15367, May 8, 1997; Presidential Decree No. 15902, Oct. 1, 1998; Presidential Decree No. 16095, Feb. 1, 1999>
(2) When three years has elapsed since application of the amount stipulated in paragraph (1), the Minister of Labor shall revise that amount, through rational consideration of past and present economic circumstances and future economic forecasts.
Article 49 (Report of Income) (1) The qualified recipient, in case he has earned income which is subject to report under Article 37 (1) of the Act, shall record the amount of that income on the application form for unemployment recognition which is to be presented on the first unemployment recognition date after the receipt of the income.
(2) Deleted. <by Presidential Decree No. 15902, Oct. 1, 1998>
Article 49-2 (Deduction from Job-seeking Benefit) (1) Deleted. <by Presidential Decree No. 15367, May 8, 1997>
(2) In the case where a qualified recipient receives an old-age pension or a special old-age pension as referred to in Article 38 (2) of the Act, the amount equivalent to a daily income of the pension (that is the total amount of the pension divided by 365; hereinafter in this paragraph the same shall apply) shall be deducted from the daily amount of the job-seeking benefits: Provided, That where the qualified recipient is granted the individual extension benefits under Article 42-2 of the Act and the special extension benefits under Article 42-3 of the Act, the amount calculated by multiplying the amount equivalent to a daily income of the pension by 70/100 shall be deducted from the daily amount of the job-seeking benefits. <Amended by Presidential Decree No. 15367, May 8, 1997; Presidential Decree No. 16095, Feb. 1, 1999>
[This Article Newly Inserted by Presidential Decree No. 15029, Jun. 29, 1996]
Article 50 (Reasons for Extension of Payment Period)
The “conditions determined by the Presidential Decree” stipulated in Article 39 (2) of the Act shall be as follows: <Amended by Presidential Decree No. 16095, Feb. 1, 1999>
1. Injury or disease of the recipient (excluding injury or disease where injury and disease benefit is being paid pursuant to Article 49 of the Act);
2. Injury or disease of the spouse (limited to the case in which full-time care by the recipient is needed);
3. Injury or disease of lineal ascendants or descendants of the recipient or of the recipient’s spouse (limited to the case in which full-time care by the recipient is needed); and
4. Compulsory service under the Military Service Act.
[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 the person who desires to report the fact that he was not able to find employment for thirty days continuously, shall present to the Employment Security Office having jurisdiction over the residence, directly or through an agent, the payment period extension report annexing the recipient qualification certificate (limited to the case where there is a recipient qualification certificate), within thirty days after he has been in unemployment for 30 consecutive days due to such a cause: Provided, That in the case of occurrence of a natural disaster or unavoidable causes, it shall be presented within seven days. <Amended by Presidential Decree No. 15367, May 8, 1997; Presidential Decree No. 15829, Jul. 1, 1998; Presidential Decree No. 16095, Feb. 1, 1999>
(2) The head of the Employment Security Office, in case the report provided by paragraph (1) is deemed to apply to the causes for extension of the payment period, shall deliver the payment period extension notice to the person who reported, record the necessary details on the recipient qualification certificate and return it. <Amended by Presidential Decree No. 15367, May 8, 1997>
(3) The person who receives the payment period extension notice referred to in paragraph (2), in case the reasons for the extension of the payment period have ended, or among the stated contents there are changes in matters which are determined by the Ordinance of the Ministry of Labor, shall report this fact to the head of the Employment Security Office having jurisdiction over the residence without delay, presenting the payment period extension notice and recipient qualification certificate. <Amended by Presidential Decree No. 15367, May 8, 1997>
(4) The head of the Employment Security Office shall, when he receives the report mentioned in paragraph (3), record the related matters on the payment period extension notice and the recipient qualification certificate and return them. <Amended by Presidential Decree No. 15367, May 8, 1997>
Article 52 (Payment of Extended Training Benefits) (1) The “period determined by the Presidential Decree” in the latter part of Article 42 (1) of the Act shall be two years.
(2) The head of the Employment Security Office shall, where he gives instructions to a qualified recipient to undergo vocational abilities development training pursuant to Article 42 (1)of the Act, take into account the age, aptitude, career and the type of occupation before separation of the qualified recipient. <Amended by Presidential Decree No. 15829, Jul. 1, 1998>
(3) The selection standards and procedures for those subject to instructions of vocational abilities development training referred to in paragraph (1) shall be determined by the Ordinance of the Ministry of Labor. <Amended by Presidential Decree No. 15829, Jul. 1, 1998>
Article 52-2 (Payment of Individual Extension Benefit) (1) The term “qualified recipients who have extreme difficulties finding employment as determined by the Presidential Decree” listed in Article 42-2 (1) of the Act shall be qualified recipients meeting all the requirements: <Amended by Presidential Decree No. 16095, Feb. 1, 1999>
1. A person who left his job in the type of designated occupation or in the designated area referred to in Article 16 (2) 1 or 3;
2. A person with a dependent family under the age of eighteen years or over the age of sixty-five years who has complied with vocational guidance offered by the head of the Employment Security Office three times or more, but has not found employment until the fixed payment days under Article 41 (1) of the Act expire; and
3. A person who needs vocational ability development training for 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.
(2) The term “period as determined by the Presidential Decree” listed 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 extension benefits, he shall submit a written application for the individual extension benefits, together with a recipient qualification certificate, to the head of the Employment Security Office having jurisdiction over his residence at least 14 days before the closing of the payment of the job-seeking benefits. <Newly Inserted by Presidential Decree No. 16095, Feb. 1, 1999>
(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 “causes as determined by the Presidential Decree” listed in Article 42-3 (1) of the Act means causes where it is not likely that employment conditions pick up taking into account the rate of application for recipient qualification, which fall under any of the following subparagraphs: <Amended by Presidential Decree No. 16095, Feb. 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 receives 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 of the three straight months, respectively;
2. Where the rate of application for recipient qualification 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) The qualified recipient, on the first unemployment recognition date when he presents himself at the local Employment Security Office, shall designate and report the financial institution and account number by which he desires to be paid the job-seeking benefit. The same applies in the 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 (Special Cases of Payment of Job-seeking Benefit)
The term “qualified recipients as determined by the Presidential Decree” listed in Article 43 (2) of the Act means:
1. A person who is recognized as having been unemployed for falling under special causes for recognition of unemployment referred to in Article 44-2;
2. A person whose date of recognition of unemployment has been changed pursuant to Article 45;
3. A person who is recognized as having been unemployed by certificate pursuant to Article 46; and
4. Any qualified recipient who undergoes vocational abilities development training.
[This Article Wholly Amended by Presidential Decree No. 15829, Jul. 1, 1998]
Article 55 (Claim for Unpaid Job-seeking Benefit) (1) The 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 the claim for the unpaid unemployment benefit to the head of the Employment Security Office who has jurisdiction over the residential area of the deceased. <Amended by Presidential Decree No. 15367, May 8, 1997>
(2) As provided by Article 44 (2) of the Act, in the case that the unpaid benefit claimant desires to obtain the recognition of unemployment of the deceased qualified recipient, he shall present himself at the Employment Security Office which has jurisdiction over the residential area of the qualified recipient and submit a written claim for the unpaid unemployment benefit and obtain the recognition of unemployment of the qualified recipient.
(3) When the unpaid benefit claimant submits the 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>
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