国内政策【切换】 国际政策

Korea-Labor law-EMPLOYMENT INSURANCE ACT [Enforcement Date 28. Jun, 2017.]

EMPLOYMENT INSURANCE ACT

[Enforcement Date 28. Jun, 2017.] [Act No.14496, 27. Dec, 2016., Partial Amendment]

Ministry of Employment and Labor (employment insurance plan and employment insurance system) , 044-202-7352 Ministry of Employment and Labor (Human Resources Development and the - employer and employee professional development training, support) , 044-202-7317 Ministry of Employment and Labor (women's employment policy and - Motherhood protection) , 044-202-7476 Ministry of Labor (unemployment employment support geupyeogwa - insured management) , 044-202-7378 Ministry of employment and Labor (employment Policy and general-employment promotion grants, job retention grants, etc.) , 044-202-7218 Ministry of employment and Labor (Employment Support Unemployment Benefit-Unemployment Benefit) , 044-202-7376

CHAPTER I GENERAL PROVISIONS

Article 1 (Purpose)

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

Article 2 (Definitions)

The definitions of the terms used in this Act shall be as follows:  <Amended by Act No. 9315, Dec. 31, 2008; Act No. 9990, Jan. 27, 2010; Act No. 10339, Jun. 4, 2010; Act No. 10895, Jul. 21, 2011>

1. The term "insured worker" means either of the following persons:

(a) A worker who is insured or deemed to be insured under Articles 5 (1) and (2), 6 (1), and 8 (1) and (2) of the Act on the Collection of Insurance Premiums, etc. for Employment Insurance and Industrial Accident Compensation Insurance (hereinafter referred to as the "Insurance Premium Collection Act");

(b) A self-employed person who is insured or deemed to be insured pursuant to Article 49-2 (1) and (2) of the Insurance Premium Collection Act (hereinafter referred to as "insured self-employed person");

2. The term "severance from employment" means the termination of an employment relationship between an insured worker and a business owner;

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

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

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

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

Article 3 (Administration of Insurance)

The Minister of Employment and Labor is responsible for the administration of employment insurance (hereinafter referred to as "insurance").  <Amended by Act No. 10339, Jun. 4, 2010>

Article 4 (Insurance Programs)(1) To achieve the purposes prescribed in Article 1, employment insurance programs (hereinafter referred to as "insurance programs") shall be carried out for employment security and vocational skills development programs, unemployment benefits, child care leave benefits, maternity leave benefits, etc.  <Amended by Act No. 11274, Feb. 1, 2012>

(2) The insurance year for insurance programs coincides with the Government's fiscal year.

Article 5 (Fiscal Assistance)(1) The State shall appropriate funds from its general account to cover part of the annual costs of insurance programs.  <Amended by Act No. 13041, Jan. 20, 2015>

(2) The State may pay for the administrative and operating expenses incurred in operating insurance programs within annual budgetary limits.

Article 6 (Insurance Premiums)(1) The Insurance Premium Collection Act shall govern the collection of insurance premiums and other revenues to cover the costs of insurance programs incurred under this Act.

(2) Revenues from insurance premiums for employment security, vocational skills development, and unemployment benefits collected under Article 13 (1) 1 of the Insurance Premium Collection Act shall be allocated to the respective programs: Provided, That premium revenues for unemployment benefits may be used for other programs, including child care leave benefits and maternity leave benefits.  <Amended by Act No. 11274, Feb. 1, 2012>

(3) Notwithstanding paragraph (2), the insurance premiums for employment security, vocational skills development, and for unemployment benefits collected from insured self-employed persons pursuant to Article 49-2 of the Insurance Premium Collection Act shall be appropriated for the expenses necessary to conduct the business of insured self-employed persons.  <Newly Inserted by Act No. 10895, Jul. 21, 2011>

Article 7 (The Employment Insurance Committee)(1) In order to deliberate on important matters concerning implementation of this Act and the Insurance Premium Collection Act (limited to matters related with insurance), the Employment Insurance Committee shall be established under the Ministry of Employment and Labor (hereafter referred to as the "Committee" in this Article).  <Amended by Act No. 10339, Jun. 4, 2010>

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

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

2. Matters concerning the determination of insurance premium rates under the Insurance Premium Collection Act;

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

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

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

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

(4) The Vice Minister of Employment and Labor shall be the Chairperson of the Committee, and its members shall be appointed or commissioned by the Minister of Employment and Labor from among the following persons in the same number, respectively:  <Amended by Act No. 10339, Jun. 4, 2010>

1. Any representative of employees;

2. Any representative of employers;

3. Any representative of the public interest;

4. Any representative of the Government.

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

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

[This Article Wholly Amended by Act No. 9315, Dec. 31, 2008]

Article 8 (Scope of Application)

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

Article 9 (Commencement and Termination of Insurance)

The Insurance Premium Collection Act shall govern the commencement and termination of insurance prescribed in this Act.

Article 10 (Exemption from Application)

This Act shall not apply to any of the following persons: Provided, That the employment security program and the vocational skills development program designed for any worker or self-employed person who falls under subparagraph 1 shall be excluded herefrom:  <Amended by Act No. 8959, Mar. 21, 2008; Act No. 11530, Dec. 11, 2012; Act No. 11864, Jun. 4, 2013>

1. A person who is employed or self-employed after age 65;

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

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

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

5. Any other person prescribed by Presidential Decree.

Article 11 (Insurance-Related Survey and Research)(1) The Minister of Employment and Labor may conduct surveys and research projects to assist research on the labor market, occupations, and vocational skills development and insurance-related operations.  <Amended by Act No. 10339, Jun. 4, 2010>

(2) If deemed necessary, the Minister of Employment and Labor may authorize a person specified by Presidential Decree to conduct some of the activities prescribed in paragraph (1) on his/her behalf.  <Amended by Act No. 10339, Jun. 4, 2010>

Article 11-2 (Assessment of Insurance Programs)(1) The Minister of Employment and Labor shall perform a regular and systematic assessment of insurance programs.  <Amended by Act No. 10339, Jun. 4, 2010>

(2) In order to ensure professionalism in assessment prescribed in paragraph (1), the Minister of Employment and Labor may request institutions prescribed by Presidential Decree to perform assessment prescribed in paragraph (1).  <Amended by Act No. 10339, Jun. 4, 2010>

(3) The Minister of Employment and Labor shall adjust insurance programs by reflecting the results of assessments conducted under paragraphs (1) and (2) or establish plans for operating the Fund in accordance with Article 81.  <Amended by Act No. 10339, Jun. 4, 2010>

[This Article Newly Inserted by Act No. 9315, Dec. 31, 2008]

Article 12 (International Exchange and Cooperation)

The Minister of Employment and Labor may operate exchange and cooperation programs in relation to insurance programs with international organizations and foreign governments or institutions.  <Amended by Act No. 10339, Jun. 4, 2010>

CHAPTER II ADMINISTRATION OF INSURED WORKERS

Article 13 (Date of Acquisition of Insured Status)(1) An insured worker shall acquire insured status as of the first day of employment with an employing unit subject to this Act: Provided, That he/she shall be deemed to acquire such status on each relevant date in either of the following cases:  <Amended by Act No. 10895, Jul. 21, 2011>

1. A worker who was an ineligible worker under Article 10 acquires insured status as of the date the worker becomes eligible under this Act;

2. A worker who was employed before commencement of insurance under Article 7 of the Insurance Premium Collection Act acquires insured status as of the effective date of commencement of insurance.

(2) Notwithstanding paragraph (1), an insured self-employed person shall acquire his/her insured status on the date the insurance becomes effective pursuant to subparagraph 3 of Article 7 of the Insurance Premium Collection Act, which is applied mutatis mutandis pursuant to Article 49-2 (1) and (12) of the same Act.  <Newly Inserted by Act No. 10895, Jul. 21, 2011>

Article 14 (Date of Loss of Insured Status)(1) An insured worker shall lose his/her insured status on any of the following dates:  <Amended by Act No. 10895, Jul. 21, 2011>

1. The date when he/she becomes an ineligible worker under Article 10;

2. The date when insurance is terminated under Article 10 of the Insurance Premium Collection Act;

3. The date after he/she was severed from employment;

4. The date after he/she dies.

(2) Notwithstanding paragraph (1), an insured self-employed person shall lose his/her insured status on the date when the insurance is terminated pursuant to subparagraphs 1 through 3 of Article 10 of the Insurance Premium Collection Act, which are applied mutatis mutandis pursuant to Article 49-2 (10) and (12) of the same Act.  <Newly Inserted by Act No. 10895, Jul. 21, 2011>

Article 15 (Report, etc. on Insured Status)(1) Business owners shall report to the Minister of Employment and Labor any change in their employees' insured status, such as attainment and loss thereof, as prescribed by Presidential Decree.  <Amended by Act No. 10339, Jun. 4, 2010>

(2) With respect to a worker who works for a subcontractor, but whose business owner is an original contractor, as prescribed in Article 9 of the Insurance Premium Collection Act, any of the following subcontractors shall file a report pursuant to paragraph (1). In such cases, the original contractor shall submit to the Minister of Employment and Labor information on the subcontractor, as prescribed by Ordinance of the Ministry of Employment and Labor:  <Amended by Act No. 9999, Feb. 4, 2010; Act No. 10339, Jun. 4, 2010; Act No. 10719, May 24, 2011; Act No. 13805, Jan. 19, 2016>

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

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

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

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

5. A fire-fighting system business operator prescribed in Article 2 (1) 2 of the Fire-Fighting System Installation Business Act;

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

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

(4) Upon receipt of a report filed under paragraphs (1) through (3), the Minister of Employment and Labor shall notify the interested persons, including the insured worker and the original contractor, of reported information, such as attainment or loss of insured status, as prescribed by Ordinance of the Ministry of Employment and Labor.  <Amended by Act No. 10339, Jun. 4, 2010>

(5) Any business owner, original contactor, or subcontractor referred to in paragraph (1) or (2) may file a report prescribed in paragraph (1) or (2) by electronic means prescribed by Ordinance of the Ministry of Employment and Labor.  <Amended by Act No. 10339, Jun. 4, 2010>

(6) The Minister of Employment and Labor may provide a business owner, original contractor, or subcontractor who wishes to report electronically pursuant to paragraph (5) with necessary equipment, etc., as prescribed by Ordinance of the Ministry of Employment and Labor.  <Amended by Act No. 10339, Jun. 4, 2010>

(7) Notwithstanding paragraph (1), no insured self-employed person may file any report on the acquisition and loss of his/her insured status.  <Newly Inserted by Act No. 10895, Jul. 21, 2011>

Article 16 (Verification of Severance from Employment)(1) When reporting an employee's loss of insured status due to his/her severance from employment, as provided for in Article 15 (1), a business owner shall prepare and submit to the Minister of Employment and Labor evidentiary documents specifying the number of days in covered employment, reason for severance from employment, and wages paid until such severance from employment (referring to wages prescribed in the Labor Standards Act; hereinafter the same shall apply), and severance pay (hereinafter referred to as "certificate of severance"): Provided, That the same shall not apply if the employee (excluding daily workers) who has lost insured status does not wish to apply for recognition of eligibility for benefits, as prescribed in Article 43 (1).  <Amended by Act No. 9990, Jan. 27, 2010; Act No. 10339, Jun. 4, 2010>

(2) Any person who has lost insured status due to his/her severance from employment is entitled to request the former business owner to provide a certificate of severance in order to apply for recognition of eligibility for unemployment benefits. Upon receipt of such request, the business owner shall provide the certificate of severance.

Article 17 (Verification of Insured Status)(1) Any person who is or was insured is entitled to request the Minister of Employment and Labor to verify the loss or attainment of insured status at any time.  <Amended by Act No. 10339, Jun. 4, 2010>

(2) The Minister of Employment and Labor shall verify the loss or attainment of insured status upon receipt of such request under paragraph (1) or ex officio.  <Amended by Act No. 10339, Jun. 4, 2010>

(3) The Minister of Employment and Labor shall notify the interested persons, including the person who has filed the request for verification and the business owner, of the results of verification conducted under paragraph (2), as prescribed by Presidential Decree.  <Amended by Act No. 10339, Jun. 4, 2010>

Article 18 (Limitation on Double Insurance)

A worker who is concurrently employed by at least two covered employing units shall attain insured status with only one of those units, as prescribed by Ordinance of the Ministry of Employment and Labor.  <Amended by Act No. 10339, Jun. 4, 2010>

CHAPTER III EMPLOYMENT SECURITY AND VOCATIONAL SKILLS DEVELOPMENT PROGRAMS

Article 19 (Operation of Employment Security and Vocational Skills Development Programs)(1) The Minister of Employment and Labor shall operate programs for employment security and vocational skills development to prevent unemployment, promote employment, increase employment opportunities, provide opportunities to develop and improve vocational skills and assistance therefor, and otherwise improve employment security for the benefit of workers who are or were insured or persons who have intention to find jobs (hereinafter referred to as "insured workers, etc.") and to provide assistance for securing workforce for the benefit of business owners.  <Amended by Act No. 10339, Jun. 4, 2010>

(2) In operating such programs for employment security and vocational skills development prescribed in paragraph (1), the Minister of Employment and Labor shall give priority to enterprises that meet the standards prescribed by Presidential Decree, such as requirements for the number of employees and actions taken and outcomes achieved for employment security and vocational skills development.  <Amended by Act No. 10339, Jun. 4, 2010>

Article 20 (Assistance for Job Creation)

The Minister of Employment and Labor may, as prescribed by Presidential Decree, provide necessary assistance to a business owner who expands employment opportunities by improving the working environment, changing work patterns, or making other efforts to create jobs.  <Amended by Act No. 10339, Jun. 4, 2010>

Article 21 (Assistance for Employment Adjustment)(1) The Minister of Employment and Labor may, as prescribed by Presidential Decree, provide necessary assistance to a business owner who finds it inevitable to adjust employment due to downsizing, closing, or conversion of his/her business following changes in business conditions or industrial structures or other similar circumstances, when he/she makes efforts to improve employment security, such as business suspension, layoff, manpower relocation, and vocational skills development training for career changes. In such cases, where the income of a worker decreases to the level prescribed by Presidential Decree following measures to improve employment security including business suspension and layoff, the Minister of Employment and Labor may provide necessary assistance to the worker, as prescribed by Presidential Decree.  <Amended by Act No. 10339, Jun. 4, 2010; Act No. 11628, Jan. 23, 2013>

(2) The Minister of Employment and Labor may, as prescribed by Presidential Decree, provide necessary assistance to a business owner who employs a worker who has been severed from employment due to the employment adjustment made under paragraph (1) or otherwise improves employment security for workers whose employment has become precarious.  <Amended by Act No. 10339, Jun. 4, 2010>

(3) In providing assistance, as prescribed in paragraph (1), the Minister of Employment and Labor may give priority to business owners or employees operating or working in an industry or area described in Article 32 of the Framework Act on Employment Policy.  <Amended by Act No. 9732, Oct. 9, 2009; Act No. 10339, Jun. 4, 2010; Act No. 11628, Jan. 23, 2013>

Article 22 (Promotion of Local Employment)

The Minister of Employment and Labor may, as prescribed by Presidential Decree, provide necessary assistance to business owners who have contributed to preventing unemployment, promoting reemployment, or otherwise increasing employment opportunities by commencing their business in areas where the employment situation is significantly worse or rapidly deteriorating because of changes in industrial structures or other factors or expanding or relocating their business thereto.  <Amended by Act No. 10339, Jun. 4, 2010>

Article 23 (Assistance for Employment of Seniors, etc.)

The Minister of Employment and Labor may, as prescribed by Presidential Decree, provide necessary assistance to business owners who hire seniors and other people who usually have particular difficulty in finding employment in the labor market (hereinafter referred to as "seniors, etc.") or take other actions to improve their employment security or to workers involved in such business owners' actions.  <Amended by Act No. 10339, Jun. 4, 2010>

Article 24 (Assistance for Employment Security of Construction Workers, etc.)(1) The Minister of Employment and Labor may, as prescribed by Presidential Decree, provide necessary assistance to business owners who operate any of the following programs for construction workers and others in precarious employment:  <Amended by Act No. 10339, Jun. 4, 2010>

1. Programs to improve employment conditions;

2. Programs for employment security, such as continued employment opportunities;

3. Other programs for employment security prescribed by Presidential Decree.

(2) The Minister of Employment and Labor may, as prescribed by Presidential Decree, provide assistance to a business owners' association to operate a program falling under subparagraphs of paragraph (1) if it is impractical for a single business owner to operate such program.  <Amended by Act No. 10339, Jun. 4, 2010>

Article 25 (Employment Security and Promotion of Employment)(1) The Minister of Employment and Labor may directly operate, or provide grants or loans to those who operate, the following programs for employment security and promotion of employment for insured workers, etc.:  <Amended by Act No. 10339, Jun. 4, 2010>

1. Programs to improve employment, such as employment management consulting;

2. Programs to help insured workers, etc. start a business;

3. Other programs prescribed by Presidential Decree, to ensure employment security and to promote employment of insured workers, etc.

(2) Necessary matters relating to operation of, and grants or loans for, the programs prescribed in paragraph (1) shall be prescribed by Presidential Decree.

Article 26 (Assistance for Facilities Contributing to Promoting Employment)

To promote and stabilize employment of insured workers, etc. and to assist business owners in securing their workforce, the Minister of Employment and Labor may, as prescribed by Presidential Decree, provide assistance to those who establish and operate consulting offices, child care centers, or other facilities for promotion of employment prescribed by Presidential Decree.  <Amended by Act No. 10339, Jun. 4, 2010; Act No. 10789, Jun. 7, 2011>

Article 26-2 (Limitation on Assistance)

Where a business owner has received money such as subsidies or incentives referred to in other statutes or other cases prescribed by Presidential Decree, the Minister of Employment and Labor may provide grants after deducting the aforementioned money therefrom when he/she provides assistance pursuant to Articles 20 through 26.

[This Article Newly Inserted by Act No. 10895, Jul. 21, 2011]

Article 27 (Assistance to Business Owners in Vocational Skills Development Training)(1) To develop and improve the vocational skills of insured workers, etc., the Minister of Employment and Labor may, as prescribed by Presidential Decree, provide funds to business owners who provide vocational skills development training prescribed by Presidential Decree to cover expenses necessary for such training.  <Amended by Act No. 10339, Jun. 4, 2010; Act No. 14496, Dec. 27, 2016>

(2) The Minister of Employment and Labor may provide preferential support to business owners who provide vocational skills development training to any of the following persons pursuant to paragraph (1), as prescribed by Presidential Decree:  <Newly Inserted by Act No. 14496, Dec. 27, 2016>

1. Fixed-term workers as defined in subparagraph 1 of Article 2 of the Act on the Protection, etc. of Fixed-Term and Part-Time Workers;

2. Part-time workers as defined in Article 2 (1) 8 of the Labor Standards Act;

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

4. Daily workers;

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

6. Other persons prescribed by Presidential Decree.

Article 28 (Subsidization Criteria, etc.)

The amount of funds awarded by the Minister of Employment and Labor to a business owner, as prescribed in Article 27 shall be determined by multiplying the sum of the premiums due for employment security and vocational skills development programs specified in the relevant year's employment insurance premium prescribed in Article 16-3 of the Insurance Premium Collection Act or the relevant year's estimated employment insurance premium prescribed in Article 17 of the same Act by a rate determined by Presidential Decree, which also sets forth fund limits.  <Amended by Act No. 9990, Jan. 27, 2010; Act No. 10339, Jun. 4, 2010>

Article 29 (Assistance for Vocational Skills Development of Insured Workers, etc.)(1) The Minister of Employment and Labor may provide funds to insured workers, etc. who participate in vocational skills development training or otherwise endeavor to develop and improve their vocational skills, to cover necessary expenses, as prescribed by Presidential Decree.  <Amended by Act No. 10339, Jun. 4, 2010>

(2) The Minister of Employment and Labor may, if deemed necessary, conduct vocational skills development training to promote the employment of insured workers, etc., as prescribed by Presidential Decree.  <Amended by Act No. 10339, Jun. 4, 2010>

(3) Where low-income insured workers, etc. prescribed by Presidential Decree receive training for vocational skills development, the Minister of Employment and Labor may extend loans to help them cover living expenses, as prescribed by Presidential Decree.  <Newly Inserted by Act No. 9315, Dec. 31, 2008; Act No. 10339, Jun. 4, 2010>

Article 30 (Assistance for Vocational Skills Development Training Facilities)

Insofar as the Minister of Employment and Labor determines that any assistance is necessary to develop and improve the vocational skills of insured workers, etc., the Minister of Employment and Labor may extend loans to help them cover expenses necessary for establishing and equipping vocational skills development training facilities, as prescribed by Presidential Decree and provide grants to help them cover expenses necessary for establishing, equipping, and operating such vocational skills development training facilities as the Minister determines to be eligible.  <Amended by Act No. 10339, Jun. 4, 2010>

Article 31 (Promotion of Vocational Skills Development)(1) To encourage insured workers, etc. to develop and improve their vocational skills, the Minister of Employment and Labor may operate any of the following programs, or provide grants to persons who operate such programs to help them cover the expenses incurred in carrying out such programs:  <Amended by Act No. 10338, May 31, 2010; Act No. 10339, Jun. 4, 2010>

1. Programs to provide technical assistance and evaluation for vocational skills development programs;

2. Programs for certification of technical skills and programs to promote skilled crafts, as prescribed in the Act on Encouragement of Skilled Crafts;

3. Other programs prescribed by Presidential Decree.

(2) The Minister of Employment and Labor may, as prescribed by Presidential Decree, entrust appropriate persons with operation of programs for vocational skills development training for occupational categories specified by the Minister of Employment and Labor if deemed necessary to develop and improve the vocational skills of the workforce and to achieve a better balance between manpower supply and demand.  <Amended by Act No. 10339, Jun. 4, 2010>

Article 32 (Assistance for Vocational Skills Development of Construction Workers, etc.)(1) The Minister of Employment and Labor may provide grants to business owners who operate programs to develop and improve the vocational skills of construction workers and others in precarious employment, as prescribed by Presidential Decree to cover necessary expenses incurred in operating such programs.  <Amended by Act No. 10339, Jun. 4, 2010>

(2) The Minister of Employment and Labor may, as prescribed by Presidential Decree, provide assistance to a business owners' association to operate a vocational skills development program prescribed in paragraph (1) if it is impractical for a single business owner to operate such program.  <Amended by Act No. 10339, Jun. 4, 2010>

Article 33 (Establishment of Resources for Information and Assistance Services)(1) The Minister of Employment and Labor may operate programs for provision of employment information about hiring, job search, training, etc. to business owners and insured workers, etc., vocational guidance such as consultation on jobs and training, job placement, establishment of resources for employment security and vocational skills development and employment of service personnel necessary therefor, and other relevant services.  <Amended by Act No. 10339, Jun. 4, 2010>

(2) The Minister of Employment and Labor may, if necessary, assign some of the services prescribed in paragraph (1) to private employment consultants, as provided for in Article 4-4 of the Employment Security Act.  <Amended by Act No. 10339, Jun. 4, 2010>

Article 34 (Assistance to Local Governments, etc.)

The Minister of Employment and Labor may provide necessary assistance to a local government or a non-profit corporation or organization prescribed by Presidential Decree for operating employment security and employment promotion programs or vocational skills development programs for insured workers, etc. in the region, as prescribed by Presidential Decree.  <Amended by Act No. 10339, Jun. 4, 2010>

Article 35 (Restriction, etc. on Assistance Due to Improper Acts)(1) With respect to a person who attempts to obtain, or has already obtained assistance provided in relation to any program for employment security and vocational skills development prescribed in this Chapter by fraud or other improper means, the Minister of Employment and Labor shall not provide the subsidies sought nor the remainder of subsidies yet to be offered, and shall restrict further assistance, as prescribed by Presidential Decree, within one year and issue an order to return the subsidies already provided by fraud or other improper means.  <Amended by Act No. 9315, Dec. 31, 2008; Act No. 10339, Jun. 4, 2010; Act No. 13041, Jan. 20, 2015>

(2) In issuing an order for return pursuant to paragraph (1), the Minister of Employment and Labor may charge an additional amount based on the criteria set forth by Ordinance of the Ministry of Employment and Labor, which, however, may not exceed five times the full amount subject to return that the person has obtained by fraud or other improper means.  <Amended by Act No. 9315, Dec. 31, 2008; Act No. 10339, Jun. 4, 2010>

(3) Notwithstanding paragraphs (1) and (2), Article 55 (1) and (2) and Article 56 (1) through (3) of the Act on the Development of Vocational Skills of Workers shall apply mutatis mutandis to restriction on assistance, return and additional collection for those who have received or intend to receive assistance for vocational skills development programs by fraud or other improper means.  <Newly Inserted by Act No. 9315, Dec. 31, 2008; Act No. 10337, May 31, 2010>

(4) The Minister of Employment and Labor may refuse to provide assistance for employment security and vocational skills development programs prescribed in this Chapter to those who are in arrears on premiums, as determined by Ordinance of the Ministry of Employment and Labor.  <Amended by Act No. 9315, Dec. 31, 2008; Act No. 10339, Jun. 4, 2010; Act No. 10895, Jul. 21, 2011>

Article 36 (Vicarious Execution of Affairs)

The Minister of Employment and Labor may, if deemed necessary, authorize any person prescribed by Presidential Decree to conduct some of the affairs prescribed in Articles 19 and 27 through 31 on his/her behalf.  <Amended by Act No. 10339, Jun. 4, 2010>

CHAPTER IV UNEMPLOYMENT BENEFITS

SECTION 1 General Provisions

Article 37 (Types of Unemployment Benefits)(1) Unemployment benefits shall be classified into job-seeking benefits and employment promotion allowances.

(2) Types of employment promotion allowances are as follows:

1. Early re-employment allowance;

2. Vocational skills development allowance;

3. Long-distance job search allowance;

4. Relocation allowance.

Article 37-2 (Unemployment Benefit Receipt Accounts)(1) The head of an employment security office shall, upon receipt of an application from an eligible recipient, as prescribed in Article 43, transfer the unemployment benefits to a designated account opened in the name of the eligible recipient (hereinafter referred to as “unemployment benefit receipt account”): Provided, That when it is impracticable to transfer the unemployment benefits to the unemployment benefit receipt account due to any failure in the information and communication system or other unavoidable reasons prescribed by Presidential Decree, he/she may pay the unemployment benefits in cash or in any other manner prescribed by Presidential Decree.

(2) The financial institution with which an unemployment benefit receipt account is opened shall ensure that only unemployment benefits prescribed in this Act are transferred to the unemployment benefit receipt account.

(3) Matters necessary for the methods and procedures for application referred to in paragraph (1) and for the management of the unemployment benefit receipt accounts referred to in paragraph (2) shall be prescribed by Presidential Decree.

[This Article Newly Inserted by Act No. 13041, Jan. 20, 2015]

Article 38 (Protection of Benefit Rights)(1) No right to receive unemployment benefits may be transferred, seized, or pledged.  <Amended by Act No. 13041, Jan. 20, 2015>

(2) No right to claim deposits in the unemployment benefit receipt account designated under Article 37-2 (1), which is not more than the amount prescribed by Presidential Decree, may be seized.  <Newly Inserted by Act No. 13041, Jan. 20, 2015>

Article 38-2 (Exemption from Public Char