国内政策【切换】 国际政策

Korea-Labor law-EMPLOYMENT INSURANCE ACT [Enforcement Date 02. Aug, 2012.]

EMPLOYMENT INSURANCE ACT

[Enforcement Date 02. Aug, 2012.] [Act No.11274, 01. Feb, 2012., Amendment by Other Act]

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 the workforce, 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, and to thereby contribute 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. "Insured worker" means either of the following persons:

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

2. "Severance from employment" means the termination of an employment relationship between an insured worker and an employer;

3. "Unemployment" means the state of an insured worker being unemployed despite being able and willing to work;

4. "Verification of unemployment" means confirmation by the director of an employment security center that an unemployed person who qualifies as an eligible beneficiary under Article 43 is actively seeking employment;

5. "Remuneration" means the amount calculated by subtracting money or valuables prescribed by Presidential Decree from the earned income under Article 20 of the Income Tax Act: Provided, That money or 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 an employer during the period of leave of absence or under similar conditions;

6. "Dayworker" 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 or paternity 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 Government may appropriate funds from its general account to cover part of the annual costs of insurance programs.

(2) The Government may pay for the administrative and operating expenses of insurance programs within annual budget limits.

Article 6 (Insurance Premiums)(1) The Insurance Premium Collection Act shall govern the collection of insurance premiums and other revenues to be used to cover the costs of insurance programs 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 for the respective programs: Provided, That premium revenue for unemployment benefits may be used for other programs, including child care leave benefits and maternity or paternity 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 the self-employed insured pursuant to Article 49-2 of the Insurance Premium Collection Act shall be appropriated to the expenses necessary for the business of the self-employed insured.  <Newly Inserted by Act No. 10895, Jul. 21, 2011>

Article 7 (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 business;

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

3. Matters concerning an evaluation of insurance business 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 at the Committee in relation to an insurance system and insurance business.

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

(4) A Chairperson of the Committee shall be the Vice Minister of Employment and Labor, and members shall be appointed from among the following persons in the same number, respectively, appointed or commissioned by the Minister of Employment and Labor:  <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) Organization, operation, etc. 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 (hereinafter referred to as "employing unit") employing workers: 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 considerations.

Article 9 (Commencement and Termination of Insurance)

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

Article 10 (Ineligible Workers)

This Act shall not apply to workers who fall under any of the following subparagraphs: Provided, That the employment security program and the vocational skills development program designed for any worker who falls under subparagraph 1 shall be excluded herefrom:  <Amended by Act No. 8959, Mar. 21, 2008>

1. A person aged 65 or older;

2. A person whose number of hours worked over a specified period is fewer than the minimum number of hours required by Presidential Decree;

3. A public official under the State Public Officials Act or the Local Public Officials Act: Provided, That public officials in extraordinary services and public officials in contractual services may subscribe to 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 specified 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) The Minister of Employment and Labor may, if deemed necessary, authorize a person specified by Presidential Decree to conduct some of the activities under paragraph (1) on his/her behalf.  <Amended by Act No. 10339, Jun. 4, 2010>

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

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

(3) The Minister of Employment and Labor shall coordinate insurance business by reflecting the results under paragraphs (1) and (2), or establishing plans for operating funds under 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 employment unit subject to this Act: Provided, That he/she shall be considered to acquire such status on the relevant date in cases of the following subparagraphs:  <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 an eligible worker 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), the self-employed insured shall acquire his/her insured status on the date when 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 (Loss of Insured Status)(1) An insured worker shall lose insured status as of:  <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 departs from employment;

4. The date after he/she dies.

(2) Notwithstanding paragraph (1), the self-employed insured 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) Employers shall report to the Minister of Employment and Labor any changes about 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 legal employer is an original contractor as prescribed in Article 9 of the Insurance Premium Collection Act, the subcontractor who falls under any of the following subparagraphs shall 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>

1. A building contractor under subparagraph 7 of Article 2 of the Framework Act on the Construction Industry;

2. A residential building contractor under Article 9 of the Housing Act;

3. An electrical contractor under subparagraph 3 of Article 2 of the Electrical Construction Business Act;

4. An information and communication work contractor under subparagraph 4 of Article 2 of the Information and Communication Work Business Act;

5. A fire protection equipment contractor under Article 2 (1) 2 of the Fire-Fighting System Installation Business Act;

6. A cultural heritage restoration contractor under Article 14 of the Act on Cultural Heritage Maintenance, etc..

(3) If an employer fails to report the insured status under 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 employer, original contactor, or subcontractor of paragraph (1) or (2) may file a report under paragraph (1) or (2) in 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 an employer, original contractor, or subcontractor who wishes to report electronically pursuant to paragraph (5) with necessary equipment as prescribed by Ordinance of the Ministry of Employment and Labor.  <Amended by Act No. 10339, Jun. 4, 2010>

(7) Notwithstanding paragraph (1), no self-employed insured 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), an employer shall prepare and submit to the Minister of Employment and Labor documents specifying the number of days qualifying in covered employment, reason for severance from employment, and wages (referring to wages under the Labor Standards Act; hereinafter the same shall apply) and severance pay paid until such severance from employment (hereinafter referred to as "certificate of severance"): Provided, That the same shall not apply if the employee (excluding dayworkers) who has lost insured status does not wish to apply for grant of eligibility for benefits under 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 employer to provide certificate of severance in order to apply for grant of eligibility for unemployment benefits. Upon such request, the employer 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 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 any person who has filed the request for verification and the employer, of the result of verification 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 employment 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 and training opportunities, and assistance efforts to develop and improve vocational skills 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 the "insured") and also employers who will be assisted in hiring qualified workers.  <Amended by Act No. 10339, Jun. 4, 2010>

(2) In operating such programs for employment security and vocational skills development under paragraph (1), the Minister of Employment and Labor shall give priority to corporations satisfying the criteria set forth by Presidential Decree, such as requirements relating to 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 an employer who expands employment opportunities by improving the working environment, implementing alternative 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 an employer who finds it inevitable to adjust employment due to downsizing, closing or converting his/her business following changes in business conditions or industrial structures, if he/she makes efforts to improve employment security, such as redeployment, temporary shutdown, and vocational skills development training for job changes.  <Amended by Act No. 10339, Jun. 4, 2010>

(2) The Minister of Employment and Labor may, as prescribed by Presidential Decree, provide necessary assistance to an employer who employs a worker made redundant because of such restructuring 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 under paragraph (1), the Minister of Employment and Labor may give priority to employers operating 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>

Article 22 (Promotion of Local Employment)

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

Article 23 (Assistance for Employment of the Senior, etc.)

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

Article 24 (Assistance for Employment Security of Construction Workers)(1) The Minister of Employment and Labor may, as prescribed by Presidential Decree, provide necessary assistance to employers 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 as prescribed by Presidential Decree.

(2) The Minister of Employment and Labor may, as prescribed by Presidential Decree, provide assistance to an employers' association to operate a program falling under any of the subparagraphs of paragraph (1) that is impractical to be operated by a single employer.  <Amended by Act No. 10339, Jun. 4, 2010>

Article 25 (Employment Security and Promotion)(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 for the insured:  <Amended by Act No. 10339, Jun. 4, 2010>

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

2. Programs to help the insured commence a new business;

3. Programs to otherwise promote employment security and for promotion for the insured as prescribed by Presidential Decree.

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

Article 26 (Assistance for Facilities Contributing to Promoting Employment)

To promote and stabilize employment for the insured and to assist employers to meet their hiring needs, 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 as specified by Presidential Decree.  <Amended by Act No. 10339, Jun. 4, 2010; Act No. 10789, Jun. 7, 2011>

Article 26-2 (Limitation on Assistance)

Where an employer has received money such as assistance money or incentives under other Acts and 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 Employers for Vocational Skills Development Training)

To develop and improve the vocational skills of the insured, etc., the Minister of Employment and Labor may, as prescribed by Presidential Decree, provide grants to employers who conduct vocational skills development training as prescribed by Presidential Decree.  <Amended by Act No. 10339, Jun. 4, 2010>

Article 28 (Criteria for Providing Grant)

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

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

(3) Where the low-income insured, etc. prescribed by Presidential Decree receives training for vocational capability development, the Minister of Employment and Labor may extend loans for 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 the insured, the Minister of Employment and Labor may provide loans to cover expenses for establishing and equipping vocational skills development training facilities as prescribed by Presidential Decree and provide grants 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 the insured to develop and improve their vocational skills, the Minister of Employment and Labor may operate, or provide grants to persons who operate, programs described in the following subparagraphs, to help them bear the expenses incurred in the performance of 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 under 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 to operate 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 match such skills with employers' needs.  <Amended by Act No. 10339, Jun. 4, 2010>

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

(2) The Minister of Employment and Labor may, as prescribed by Presidential Decree, provide assistance to an employers' association to operate a vocational skills development program under paragraph (1) that is impractical to be operated by a single employer.  <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 the establishment of resources, including employment service personnel, necessary to provide employers and the insured with information services relating to hiring, training, and job search and consulting and other services relating to vocational guidance, job placement, employment security, and vocational skills development.  <Amended by Act No. 10339, Jun. 4, 2010>

(2) The Minister of Employment and Labor may, if necessary, assign part of the services under 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 of Local Governments and Organizations, etc.)

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

Article 35 (Restriction, etc. on Assistance following Fraudulent Claims)(1) With respect to a person who attempts to obtain, or has already obtained assistance provided for in relation to any program for employment security and vocational skills development under this Chapter by any false or fraudulent means, the Minister of Employment and Labor may restrict further assistance or order to return of any assistance already provided, as prescribed by Presidential Decree.  <Amended by Act No. 9315, Dec. 31, 2008; Act No. 10339, Jun. 4, 2010>

(2) In ordering to 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 false or fraudulent 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 Workplace 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 false or other fraudulent 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 under this Chapter to those who have default on premium payments 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 (Delegation)

The Minister of Employment and Labor may, if deemed necessary, authorize any person specified by Presidential Decree to conduct, by proxy, some of the activities under 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) Employment promotion allowances include:

1. Early re-employment allowance;

2. Vocational skills development allowance;

3. Long-distance job search allowance;

4. Relocation allowance.

Article 38 (Protection of Benefit Rights)

No right to receive unemployment benefits may be transferred, seized, or pledged.

Article 39 (Extension of Eligibility for Unemployment Benefits)

Notwithstanding subparagraph 1 of Article 10, this Chapter shall continue to apply to an insured worker whose departure from employment occurred before reaching the age of 65 and who has since remained unemployed until reaching the age of 65.

SECTION 2 Job-Seeking Benefits

Article 40 (Eligibility Requirements for Job-Seeking Benefits)(1) Job-seeking benefits shall be payable only if an insured worker, upon severance from employment, meets all requirements under the following subparagraphs: Provided, That subparagraphs 5 and 6 shall apply only to a person who was a dayworker when he/she severed from employment:

1. The number of qualifying days the insured worker spent in covered employment under Article 41 during the 18-month period up to the date of severance from employment (hereinafter referred to as "base period") shall be at least 180 days in total;

2. The insured worker is able and willing to work but is still yet to secure employment (including self-employment in a for-profit business; hereafter the same shall apply in this Chapter);

3. The reasons for severance from employment shall not fall within any of the disqualifying conditions set forth in Article 58;

4. The insured worker shall be actively seeking reemployment;

5. The number of days worked during the one-month period up to the date of applying for approval of eligibility for benefits under Article 43 shall be less than ten days;

6. If the insured worker had disqualifying severance from employment under Article 58 at some time within those 180 days in covered employment during the base period for the insured worker's most recent severance from employment, then the insured worker shall have worked as a dayworker for at least 90 days out of the qualifying days in covered employment.

(2) If an insured worker's 18-month base period includes a continuous period of 30 days or more during which the insured worker earned no remuneration due to illness, injury, or other grounds specified by Presidential Decree, the base period for such insured worker shall be determined by adding that time period to the normal 18-month base period (if the base period exceeds three years, it shall be three years).  <Amended by Act No. 9990, Jan. 27, 2010>

Article 41 (Qualifying Days in Covered Employment)(1) The number of qualifying days in covered employment shall be calculated as the sum of the number of days in covered employment for which remuneration is paid: Provided, That the number of qualifying days in covered employment applicable for the self-employed insured shall be deemed the number of qualifying days in covered employment under the proviso to Article 50 (3) and Article 50 (4).  <Amended by Act No. 9990, Jan. 27, 2010; Act No. 10895, Jul. 21, 2011>

(2) In calculating the number of qualifying days in covered employment under paragraph (1), if a person already received job-seeking benefits before the date on which insured status was lastly attained, the qualifying days in covered employment occurred before the date of forfeiture of the insured status related to the job-seeking benefits shall be excluded from the calculation. <Amended by Act No. 9315, Dec. 31, 2008; Act No. 9990, Jan. 27, 2010; Act No. 10895, Jul. 21, 2011>

Article 42 (Registering as Unemployed)(1) Those who intend to apply for job-seeking benefits shall, upon departure from employment, report in person to an employment security center and register as unemployed.

(2) Registering as unemployed under paragraph (1) shall involve registering as a job seeker and applying for grant of eligibility for benefits under Article 43.

Article 43 (Approval of Eligibil