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Korea-Labor law-EMPLOYMENT INSURANCE ACT [Enforcement Date 22. Jan, 2012.]

发布人:春秋智谷  /  发布时间:2021-04-12 10:22:45  

EMPLOYMENT INSURANCE ACT

[Enforcement Date 22. Jan, 2012.] [Act No.10895, 21. Jul, 2011., 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, through the enforcement of employment insurance, to seek to prevent unemployment, promote employment and develop and improve the vocational skills of workers, to strengthen the nation??s vocational guidance and job placement capacity and to stabilize the livelihood of workers and promote their job-seeking activities by granting necessary benefits when they are out of work, thereby contributing to the economic and social development of the nation.

 

Article 2 (Definition)

 

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

 

1. The term insured personrefers to a person who falls under any of the following items :

 

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, etc. of Premiums for Employment Insurance and Industrial Accident Compensation Insurance (hereinafter referred to as the Insurance Premium Collection Act); and

 

B. A self-employed person (hereinafter referred to as "self-employed insured persons") who is insured or deemed to be insured under employment insurance under Article 49-2 (1) and (2) of the Insurance Premium Collection Act.

 

2. The term separationmeans the termination of the employment relationship between the insured person and the employer;

 

3. The term unemploymentmeans the situation in which a person remains unemployed in spite of the fact that he/she has the will and ability to work;

 

4. The term recognition of unemploymentmeans that the head of an Employment Security Office recognizes that an eligible recipient prescribed in Article 43 is actively engaging in finding jobs during unemployment;

 

5. The term remunerationmeans an amount of money obtained by subtracting the money and valuables prescribed by the Presidential Decree from the earned income under Article 20 of the Income Tax Act; Provided that money and valuables determined and announced by the Minister of Employment and Labor, from among those paid by a person other than the employer during a leave of absence or any other situation similar thereto shall be deemed remuneration; and

 

6. The term daily workerrefers to a person who is employed for less than one month.

 

Article 3 (Management of Insurance)

 

The Minister of Employment and Labor shall take charge of managing employment insurance (hereinafter referred to as insurance).  <Amended by Act No. 10339, Jun. 4, 2010>

 

Article 4 (Employment Insurance Programs)

 

(1) In order to achieve the purpose of Article 1, employment insurance programs (hereinafter referred to as insurance programs:) shall be conducted in the areas of employment security and vocational skills development projects, unemployment benefits, child-care leave benefits, maternity leave benefits, etc.

 

(2) The insurance year for employment insurance programs shall be the same as the fiscal year of the Government.

 

Article 5 (Assistance from State Treasury)

 

(1) The State may bear a part of the expenses required annually for insurance programs through its general account.

 

(2) The State may bear the expenses required for the management and operation of insurance programs within the limits of its annual budget.

 

Article 6 (Premiums)

 

(1)Premiums and other charges to be collected to cover the expenses required for insurance programs under this Act shall be subject to the conditions prescribed by the Insurance Premium Collection Act.

 

(2) Premiums for employment security and vocational skills development projects and premiums for unemployment benefits collected under Article 13 (1) 1 of the Insurance Premium Collection Act shall be used to cover the expenses required for the respective programs : Provided that premiums for unemployment benefits may be appropriated for child-care leave benefits, maternity leave benefits, etc.

 

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

 

Article 7 (Employment Insurance Committee)

 

(1) The Employment Insurance Committee (hereinafter referred to as Committee) shall be set up in the Ministry of Employment and Labor in order to deliberate on major matters (limited to matters concerning insurance) concerning the enforcement of this Act and the Insurance Premium Collection Act.  <Amended by Act No. 10339, Jun. 4, 2010>

 

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

 

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

 

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

 

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

 

4. Matters concerning the establishment of the fund management plan and the results of fund management under Article 81; and

 

5. Other matters relating to the insurance system and insurance programs, which the chairperson deems necessary to be deliberated on by the Committee

 

(3) The Committee shall be composed of less than 20 members including a chairperson.

 

(4) The Committee shall be chaired by the Vice Minister of Employment and Labor and consist of an equal number of members appointed or commissioned by the Minister of Employment and Labor from among people described in each of the following subparagraphs:  <Amended by Act No. 10339, Jun. 4, 2010>

 

1. Those representing workers;

 

2. Those representing employers;

 

3. Those representing the public interests; and

 

4. Those representing the government

 

(5) The Committee may have an expert committee in order to examine and coordinate in advance the matters to be deliberated on.

 

(6) The composition and operation of the Committee and the expert committee and other necessary matters shall be prescribed by the Presidential Decree.

 

 <This Article Wholly Amended by Act No. 9315, Dec. 31, 2008>

 

Article 8 (Scope of Application)

 

This Act shall apply to all businesses or workplaces (hereinafter referred to as businesses) that hire workers : Provided that it shall not apply to those businesses separately provided for in the Presidential Decree in consideration of their size, industrial characteristics, etc.

 

Article 9 (Establishment and Termination of Insurance Relationships)

 

The establishment and termination of insurance relationships under this Act shall be subject to the conditions prescribed by the Insurance Premium Collection Act.

 

Article 10 (Workers Excluded from Application)

 

This Act shall not apply to workers falling under any of the following subparagraphs : Provided that this shall not apply to employment security and vocational skills development projects for workers described in subparagraph 1 :  <Amended by Act No. 8959, Mar. 21, 2008>

 

1. Those aged 65 or older;

 

2. Those whose contractual working hours are less than those prescribed in the Presidential Decree;

 

3. Government officials under the State Public Officials Act and the Local Public Officials Act: Provided that public officials in special services and contract-based public officials may subscribe to employment insurance (limited to CHAPTER ) of their own free will under the conditions prescribed by the Presidential Decree;

 

4. Those who are subject to the Private School Teachers Pension Act; and

 

5. Other persons prescribed in the Presidential Decree.

 

Article 11 (Surveys and Research relating to Insurance)

 

(1) The Minister of Employment and Labor may conduct surveys and research in order to study the labor market, occupations and vocational skills development and support insurance-related work.  <Amended by Act No. 10339, Jun. 4, 2010>

 

(2) The Minister of Employment and Labor, if it is deemed necessary, may entrust part of the functions referred to in paragraph (1) to be carried out by a person prescribed in the Presidential Decree.  <Amended by Act No. 10339, Jun. 4, 2010>

 

Article 11-2 (Assessment of Insurance Programs)

 

(1) The Minister of Employment and Labor shall assess insurance programs regularly and systematically.  <Amended by Act No. 10339, Jun. 4, 2010>

 

(2) The Minister of Employment and Labor may refer the assessment under paragraph (1) to an organization prescribed by the Presidential Decree in order to secure the expertise of the assessment under paragraph (1).  <Amended by Act No. 10339, Jun. 4, 2010>

 

(3) The Minister of Employment and Labor shall adjust insurance programs and establish the fund management plan under Article 81 in a way to reflect the results of the assessment under paragraphs (1) and (2).  <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 carry out exchange and cooperation programs with international organizations and governments or agencies of other countries with regard to insurance programs.  <Amended by Act No. 10339, Jun. 4, 2010>

 

CHAPTER Management of Insured Persons

 

Article 13 (Date of Aquisition of Insured Status)

 

(1) An insured person shall acquire insured status on the date he/she is employed by a business subject to this Act : Provided that in the following cases, he/she shall be regarded as acquiring insured status on the pertinent date :

 

1. The date this Act begins to apply where the worker excluded from application under Article 10 becomes subject to this Act; and

 

2. The date of establishment of the insurance relationship where the worker was employed before the establishment of the insurance relationship pursuant to Article 7 of the Insurance Premium Collection Act.

 

(2) Notwithstanding paragraph (1), a self-employed insurance person shall acquire insured status on the date of the establishment of the insurance relationship pursuant to Article 49-2 (1) of the Insurance Premium Collection Act and subparagraph 3 of Article 7 of the same Act which shall apply mutatis mutandis under Article 49-2 (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 person shall lose insured status on any of the following dates:

 

1. Where he/she is categorized as a worker excluded from application under Article 10, the date he/she is categorized as such;

 

2. Where the insurance relationship is terminated pursuant to Article 10 of the Insurance Premium Collection Act, the date of the termination of the insurance relationship;

 

3. Where he/she has left his/her job, the day after the leaving date; and

 

4. Where he/she dies, the day after the death.

 

(2) Notwithstanding paragraph (1), a self-employed insured person shall lose his/her insured status on the date of the termination of the insurance relationship pursuant to Article 49-2 (10) of the Insurance Premium Collection Act and subparagraphs 1 through 3 of Article 10 of the same Act which shall apply mutatis mutandis under Article 49-2 (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 about their workersacquisition, loss, etc. of insured status as prescribed by the Presidential Decree.  <Amended by Act No. 10339, Jun. 4, 2010>

 

(2) If an original contractor has become an employer under Article 9 of the Insurance Premium Collection Act, in regards to workers engaged in the business other than those employed by the original contractor, any subcontractor listed in the following subparagraphs hiring such workers shall report as prescribed in paragraph (1). In this case, the original contractor shall submit materials on the subcontractor to the Minister of Employment and Labor as prescribed by Ordinance of the Ministry of Employment and Labor:  <Amended by Act No. 9999, Feb. 4, 2010 and Act No. 10339, Jun. 4, 2010 and Act No. 10719, May 24, 2011>

 

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

 

2. A housing builder under Article 9 of the Housing Act;

 

3. A constructor under subparagraph 3 of Article 2 of the Electricity Construction Business Act;

 

4. An information and communication construction business operator under subparagraph 4 of Article 2 of the Information and Communications Work Business Act;

 

5. A fire-fighting system constructor under Article 2 (1) 2 of the Fire-fighting System Installation Business Act; and

 

6. A businessperson engaged in repairing cultural properties under Article 14 of the Act on the Repair, etc., of Cultural Properties.

 

(3) If an employer fails to report matters concerning insured status under paragraph (1), the worker concerned may report these matters as prescribed by the Presidential Decree.

 

(4) The Minister of Employment and Labor shall inform related persons, such as the insured person, original contractor, etc., of matters concerning the acquisition, loss, etc., of insured status, reported pursuant to paragraphs (1) through (3), as prescribed by Ordinance of the Ministry of Employment and Labor.  <Amended by Act No. 10339, Jun. 4, 2010>

 

(5) The employer, original contractor or subcontractor under paragraph (1) or (2) may make the report prescribed in the same paragraph using 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 support, including necessary equipment, etc., to the employer, original contractor or subcontractor who intends to make a report using electronic means pursuant to paragraph (5), as prescribed by Ordinance of the Ministry of Employment and Labor.  <Amended by Act No. 10339, Jun. 4, 2010>

 

(7) Notwithstanding paragraph (1), a self-employed insured person may not report the acquisition and loss of his/her insured status.  <Newly Inserted by Act No. 10895, Jul. 21, 2011>

 

Article 16 (Confirmation of Separation)

 

(1) When reporting his/her workers loss of insured status pursuant to Article 15 (1), an employer shall, if the loss of insured status is due to separation, prepare and submit documents (hereinafter referred to as the confirmation documents on separation) proving such specific matters as the unit period of insurance, reasons for separation and wages (referring to wages under the Labor Standards Act; hereinafter the same shall apply), retirement pay, etc., paid before separation to the Minister of Employment and Labor : Provided that this shall not apply to those (excluding daily workers) who have lost their insured status but do not want to apply for the recognition of their eligibility for benefits pursuant to Article 43 (1).  <Amended by Act No. 9990, Jan. 27, 2010 and Act No. 10339, Jun. 4, 2010>

 

(2) A person who has lost his/her insured status due to separation may request his/her employer to issue the confirmation documents on separation to apply for the recognition of his/her eligibility for unemployment benefits. In this case, the employer receiving the request shall issue the confirmation documents on separation.

 

Article 17 (Confirmation of Insured Status)

 

(1) A person who is or was insured may at any time request the Minister of Employment and Labor to confirm the acquisition or loss of his/her insured status.  <Amended by Act No. 10339, Jun. 4, 2010>

 

(2) The Minister of Employment and Labor shall accept the request made pursuant to paragraph (1) or confirm, by virtue of his/her authority, the acquisition or loss of insured status.  <Amended by Act No. 10339, Jun. 4, 2010>

 

(3) The Minister of Employment and Labor shall inform the insured person, the employer, etc., of the results confirmed under paragraph (2), as prescribed in the Presidential Decree.  <Amended by Act No. 10339, Jun. 4, 2010>

 

Article 18 (Restriction on Dual Acquisition of Insured Status)

 

If a worker is employed simultaneously by two or more businesses with which the insurance relationship has been established, he/she shall acquire insured status as a worker of one of the businesses, as prescribed by the Ordinance of the Ministry of Employment and Labor.  <Amended by Act No. 10339, Jun. 4, 2010>

 

CHAPTER Employment Security and Vocational Skills Development Projects

 

Article 19 (Implementation of Employment Security and Vocational Skills Development Projects)

 

(1) The Minister of Employment and Labor shall implement employment security and vocational skills development projects to prevent the unemployment of those who are or were insured, and other persons willing to be employed (hereinafter referred to as insured persons, etc.), promote their employment, expand their employment opportunities, provide opportunities and support for them to develop and improve vocational skills, provide other supports for employment securityand to help employers to secure workforce.  <Amended by Act No. 10339, Jun. 4, 2010>

 

(2) When implementing employment security and vocational skills development projects pursuant to paragraph (1), the Minister of Employment and Labor shall give priority to enterprises which meet the criteria set forth by the Presidential Decree, such as the number of workers, measures taken for employment security and vocational skills development and outcomes thereof, etc.  <Amended by Act No. 10339, Jun. 4, 2010>

 

Article 20 (Support for Employment Creation)

 

The Minister of Employment and Labor may provide necessary support to employers who have expanded employment opportunities by improving employment environments, changing work arrangements, etc.. as prescribed in the Presidential Decree.  <Amended by Act No. 10339, Jun. 4, 2010>

 

Article 21 (Support for Employment Adjustment)

 

(1) If an employer for whom employment adjustment is unavoidable due to business downsizing, closure or transfer resulting from economic fluctuations or changes in industrial structure temporarily suspends workers from work, provides vocational skills development training necessary for their job transfer, reassigns workers or takes other measures to ensure their employment security, the Minister of Employment and Labor may provide necessary support to the employer as prescribed in the Presidential Decree.  <Amended by Act No. 10339, Jun. 4, 2010>

 

(2) The Minister of Employment and Labor may provide necessary support for employers who take measures for the employment security of workers whose employment is insecure, such as by employing workers separated from jobs due to employment adjustment under paragraph (1), etc., as prescribed in the Presidential Decree.  <Amended by Act No. 10339, Jun. 4, 2010>

 

(3) The Minister of Employment and Labor may, in providing the support referred to in paragraph (1), give priority to employers who are engaged in industries or are located in regions prescribed in Article 32 of the Framework Act on Employment Policy.  <Amended by Act No. 9792, Oct. 9, 2009 and Act No. 10339, Jun. 4, 2010>

 

Article 22 (Promotion of Local Employment)

 

The Minister of Employment and Labor may provide necessary support to employers who move their businesses to, or begin or expand businesses in regions where employment opportunities are obviously insufficient or employment situations are rapidly deteriorating due to changes in industrial structure, etc., thereby contributing to the prevention of unemployment and promotion of reemployment and to employers who take necessary measures to expand local employment opportunities, as prescribed by the Presidential Decree.  <Amended by Act No. 10339, Jun. 4, 2010>

 

Article 23 (Employment Promotion for the Aged, etc.)

 

In order to promote the employment of the aged and others (hereinafter referred to as the aged, etc.) who have special difficulties in finding employment under the normal conditions of the labor market, the Minister of Employment and Labor may, under the conditions prescribed by the Presidential Decree, provide necessary support to employers who newly employ the aged, etc., or take measures necessary for their employment security or to the workers subject to the employment security measures taken by the employers.  <Amended by Act No. 10339, Jun. 4, 2010>

 

Article 24(Support for Employment Security for Construction Workers, etc.)

 

(1)The Minister of Employment and Labor may provide necessary support for an employer who carries out projects described in the following subparagraphs for construction workers, etc., in an unstable employment situation, according to the conditions prescribed in the Presidential Decree:  <Amended by Act No. 10339, Jun. 4, 2010>

 

1. Projects to improve employment situations;

 

2. Employment security projects such as those to provide opportunities for continued employment, etc.; and

 

3. Other employment security projects prescribed in the Presidential Decree.

 

(2) The Minister of Employment and Labor may also provide support to an employers' association in connection with the projects listed in any of the subparagraphs of paragraph (1), in cases where it is difficult for an employer alone to carry out employment security projects and prescribed in the Presidential Decree.  <Amended by Act No. 10339, Jun. 4, 2010>

 

Article 25 (Employment Security and Employment Promotion)

 

(1) The Minister of Employment and Labor may directly carry out projects described in the following subparagraphs or provide support or loans for necessary expenses to a person who carries out such projects for the employment security and employment promotion of insured persons, etc.:  <Amended by Act No. 10339, Jun. 4, 2010>

 

1. Support projects to improve employment, such as employment management diagnosis, etc.;

 

2. Support projects to promote business start-up by insured persons, etc. ;

 

3. Other projects for the employment security and employment promotion of insured persons, etc., which are prescribed in the Presidential Decree.

 

(2) Necessary matters concerning the implementation of projects and the provision of support and loans to cover expenses under paragraph (1) shall be prescribed in the Presidential Decree.

 

Article 26 (Support for Employment Promotion Facilities)

 

The Minister of Employment and Labor may, as prescribed by the Presidential Decree, provide necessary support to those who establish and operate counseling facilities, child care centers and other employment promotion facilities prescribed by the Presidential Decree to assist in employment security and employment promotion for insured persons, etc., and the securing of a workforce by employers.  <Amended by Act No. 10339, Jun. 4, 2010 and Act No. 10789, Jun. 7, 2011>

 

Article 26-2 (Restrictions on Support)

 

When the Minister of Employment and Labor provides support under Articles 20 through 26, in the cases prescribed by the Presidential Decree, such as where an employer receives subsidies or grants, etc., under other Acts and subordinate statutes, he/she may subtract the relevant amount from the support to be provided.  <This Article Newly Inserted by Act No. 10895, Jul. 21, 2011>

 

Article 27 (Support for Vocational Skills Development Training Provided by Employers)

 

The Minister of Employment and Labor may provide support for the expenses of vocational training to an employer who carries out the vocational skills development training prescribed in the Presidential Decree to develop and improve the vocational skills of insured persons, etc., under the conditions prescribed in the Presidential Decree.  <Amended by Act No. 10339, Jun. 4, 2010>

 

Article 28 (Standards, etc. for Support for Expenses)

 

If the Minister of Employment and Labor provides support for expenses to an employer pursuant to Article 27, the amount of such support shall be the one obtained by multiplying the amount of insurance premiums for employment security and vocational skills development projects out of the employment insurance premiums of the year concerned under Article 16-3 of the Insurance Premium Collection Act or the estimated employment insurance premiums of the year concerned under Article 17 of the same Act by the ratio prescribed in the Presidential Decree, and the limit thereto shall be prescribed by the Presidential Decree.  <Amended by Act No. 9990, Jan. 27, 2010 and Act No. 10339, Jun. 4, 2010>

 

Article 29 (Support for Vocational Skills Development for Insured Persons, etc.)

 

(1) If insured persons, etc., receive vocational skills development training or make other efforts to develop or improve their vocational skills, the Minister of Employment and Labor may support the necessary expenses under the conditions prescribed in the Presidential Decree.  <Amended by Act No. 10339, Jun. 4, 2010>

 

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

 

(3) If a low-income insured person, etc., prescribed by the Presidential Decree receives vocational skills development training, the Minister of Employment and Labor may make loans for his/her living costs under the conditions prescribed by the Presidential Decree.  <Newly Inserted by Act No. 9315, Dec. 31, 2008 and Amended by Act No. 10339, Jun. 4, 2010>

 

Article 30 (Support, etc., for Vocational Skills Development Training Facilities)

 

If it is deemed necessary for the development and improvement of the vocational skills of insured persons, etc., the Minister of Employment and Labor may, under the conditions prescribed by the Presidential Decree, loan the expenses necessary to install vocational skills development training facilities and to purchase the equipment thereof, and provide support for the expenses necessary to install other vocational skills development training facilities determined by the Minister of Employment and Labor and to purchase and operate the equipment thereof.  <Amended by Act No. 10339, Jun. 4, 2010>

 

Article 31 (Promotion of Vocational Skills Development)

 

(1) The Minister of Employment and Labor may carry out activities described in the following subparagraphs to develop or improve the vocational skills of insured persons, etc., or may provide support for necessary expenses to a person who carry out the activities :  <Amended by Act No. 10338, May 31, 2010 and Act No. 10339, Jun. 4, 2010>

 

1. Activities of providing technical assistance and making evaluations relating to vocational skills development projects;

 

2. Activities of administering qualification tests and encouraging technical skills under the Act on the Encouragement of Technical Skills; and

 

3. Other activities prescribed in the Presidential Decree.

 

(2) The Minister of Employment and Labor may, if it is deemed necessary for the development or improvement of vocational skills or smooth labor supply and demand, entrust others to provide vocational skills development training in the occupations determined by the Minister of Employment and Labor, under the conditions prescribed in the Presidential Decree.  <Amended by Act No. 10339, Jun. 4, 2010>

 

Article 32 (Support for Vocational Skills Development of Construction Workers, etc.)

 

(1) The Minister of Employment and Labor may provide support for necessary expenses to an employer who implement projects prescribed in the Presidential Decree to develop or improve the vocational skills of workers in unstable employment situations such as construction workers, etc.  <Amended by Act No. 10339, Jun. 4, 2010>

 

(2) The Minister of Employment and Labor may provide support to an employers' association in connection with the projects mentioned in paragraph (1) in cases where it is difficult for an employer alone to carry out the vocational skills development projects and where this is in accordance with the Presidential Decree.  <Amended by Act No. 10339, Jun. 4, 2010>

 

Article 33 (Provision of Employment Information, Establishment of Foundation for Employment Support, etc.)

 

(1) The Minister of Employment and Labor may carry out activities for employers and insured persons, etc., such as providing employment information on job offers, job seekers, training, etc., offering vocational guidance including vocational and training counseling, etc., providing job placement services, building the foundation for employment security and vocational skills development and assigning professional manpower needed for this, etc., under the conditions prescribed in the Presidential Decree.  <Amended by Act No. 10339, Jun. 4, 2010>

 

(2) The Minister of Employment and Labor may, if it is deemed necessary, get the private job counselor prescribed in Article 4-4 of the Employment Security Act to perform part of the services under paragraph (1).  <Amended by Act No. 10339, Jun. 4, 2010>

 

Article 34 (Support for Local Governments, etc.)

 

If a local government or a not-for-profit cooperation or organization prescribed in the Presidential Decree carries out projects for the employment security, employment promotion and vocational skills development of insured persons, etc., in its region, the Minister of Employment and Labor may provide necessary support as prescribed in the Presidential Decree.  <Amended by Act No. 10339, Jun. 4, 2010>

 

Article 35 (Restriction, etc., on Support due to Fraudulent Acts)

 

(1)If a person has received or intends to receive support for employment security and vocational skills development projects under this Chapter in a false or other fraudulent manners, the Minister of Employment and Labor may restrict the support or order a return of the support received in a false or other fraudulent manners under the conditions prescribed in the Presidential Decree.  <Amended by Act No. 9315, Dec. 31, 2008 and Act No. 10339, Jun. 4, 2010>

 

(2) In the case of ordering a return pursuant to paragraph (1), the Minister of Employment and Labor may, in addition to what has already been provided, collect an amount up to five times the amount received in a false or other fraudulent manners, in accordance with the standards prescribed in the Ordinance of the Ministry of Employment and Labor.  <Amended by Act No. 9315, Dec. 31, 2008 and Act No. 10339, Jun. 4, 2010>

 

(3) Notwithstanding paragraphs (1) and (2), the provisions of Article 55 (1) and (2) and Article 56 (1) through (3) of the Workers Vocational Skills Development Act shall apply mutatis mutandis to restrictions on, the return and additional collection of, support for a person who has received or intends to receive, such support for vocational skills development projects in a false or other fraudulent manners.  <Newly Inserted by Act No. 9315, Dec. 31, 2008 and amended by Act No. 10337, May 31, 2010>

 

(4) The Minister of Employment and Labor may not provide support for employment security and vocational skills development projects under this Chapter to those who have failed to pay insurance premiums, as prescribed by the Ordinance of the Ministry of Employment and Labor.  <Amended by Act No. 10339, Jun. 4, 2010 and Act No. 10895, Jul. 21, 2011>

 

Article 36 (Performing Duties by Proxy)

 

The Minister of Employment and Labor may, if it is deemed necessary, entrust a part of his/her work under Articles 19, 27 through 31 to a person prescribed in the Presidential Decree.  <Amended by Act No. 10339, Jun. 4, 2010>

 

CHAPTER 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 shall be as follows :