Article 45 (Special Cases in Recognition of Unemployment)
In reference to Article 34 (3) 3 of the Act, the “qualified recipient determined by the Presidential Decree” shall be the person who fits one of the following subparagraphs: <Amended by Presidential Decree No. 15829, Jul. 1, 1998; Presidential Decree No. 16705, Feb. 9, 2000; Presidential Decree No. 17090, Dec. 30, 2000; Presidential Decree No. 18165, Dec. 18, 2003; Presidential Decree No. 18296, Feb. 25, 2004; Presidential Decree No. 18555, Oct. 1, 2004>
1.The person who can not be present at the vocational stabilization agency on the unemployment recognition date due to employment, interview with the job offerer or other unavoidable reasons and who applied for the change of the unemployment recognition date at the responsible local vocational stabilization agency by one day prior to the unemployment recognition date;
2.The person who can not be present by the unemployment recognition date or the day before the unemployment recognition date due to employment, interview with the job offerer or other unavoidable reasons, and who applies for the change of the unemployment recognition date at the responsible local vocational stabilization agency without delay after the reason has ended (restricted to the case of being present on the day before the next unemployment recognition date);
2-2. The person, who has been kept employed for not less than 7 days, and who is unable to appear on the date on which his unemployment is recognized or by the date preceeding the date on which his unemployment is recognized, files an application, accompanied by a document certifying his employment date, for changing his unemployment recognition date by the day before his next unemployment recognition date in a manner prescribed by the Ordinance of the Ministry of Labor;
2-3. The person who has been unable to be present at the vocational stabilization agency on the unemployment recognition date due to a mistake by the qualified recipient and files an application for changing the unemployment recognition date by being present at the vocational stabilization agency by the next unemployment recognition date (limited to one time within the benefit period provided for in Article 39 of the Act for the relevant qualified recipient);
3.The person in whose case it is deemed proper by the head of the vocational stabilization agency to change the unemployment recognition date due to expiration of the payment period under Article 39 of the Act, the holiday of public offices on account of the Regulations on Holidays of Public Offices or other unavoidable reasons;
4.The person who has any disposition on unemployment benefits taken to him canceled or altered in an examination, reexamination or lawsuit or by virtue of authority of the head of vocational stabilization agency referred to in Article 74 (1) of the Act;
5. The person who is fixed to start work within 30 days from the relevant unemployment recognition date;
6. The person who resides in the island area determined and publicly notified by the Minister of Labor and has applied for special cases in recognition of unemployment; and
7.The person who is aged not less than 55 or the disabled under subparagraph 1 of Article 2 of the Employment Promotion and Vocational Rehabilitation of Disabled Persons Act, and who has applied for special cases in recognition of unemployment.
Article 46 (Recognition of Unemployment by Certificate) (1) In the case that the qualified recipient desires to receive recognition of unemployment under Article 34 (4) 1, 2 or 4 of the Act, he shall present himself at the responsible local vocational stabilization agency on the unemployment recognition date after the cause has ended and present the application form for unemployment recognition annexing the recipient qualification certificate and a certificate stating the reasons for not having presented himself previously. <Amended by Presidential Decree No. 15367, May 8, 1997>
(2) The necessary particulars to be stated in the certificate, details related to the issuer, etc., as referred to in paragraph (1), shall be determined by the Ordinance of the Ministry of Labor.
(3) In the case that the qualified recipient desires to receive recognition of unemployment, as stipulated by Article 34 (4) 3 of the Act, he shall present, directly or through an agent, the application form for unemployment recognition, together with his recipient qualification certificate and other certificates issued by job-training or other institutions, to the head of the local vocational stabilization agency. <Amended by Presidential Decree No. 15367, May 8, 1997>
Article 47 Deleted. <by Presidential Decree No. 14935, Mar. 9, 1996>
Article 47-2 Deleted. <by Presidential Decree No. 18165, Dec. 18, 2003>
Article 48 (Ceiling on Amount of Basic Daily Wage for Benefit) (1) In accordance with Article 35 (5) of the Act, in the case that the basic daily wage, which is the basis for the calculation of the job-seeking benefit , exceeds 70 thousand won, the basic daily wage shall be 70 thousand won. <Amended by Presidential Decree No. 15367, May 8, 1997; Presidential Decree No. 15902, Oct. 1, 1998; Presidential Decree No. 16095, Feb. 1, 1999; Presidential Decree No. 17090, Dec. 30, 2000>
(2) The Minister of Labor shall, in case where deemed that the adjustment is required in view of the price increase rate, economic fluctuation, and rate of wage hike, etc. after the application of the amount stipulated in paragraph (1), consider the change of relevant amount. <Amended by Presidential Decree No. 17090, Dec. 30, 2000>
Article 49 (Provision of Labor, etc.) (1) Any qualified recipient shall, if he has actually provided his labor in accordance with Article 37 (1) of the Act, enter the fact of providing his labor in an application for his unemployment recognition that is filed on the first unemployment recognition date after the date on which he provides the relevant labor.
(2) Criteria for judging whether the provision of the labor referred to in paragraph (1) falls under the employment shall be prescribed by the Ordinance of the Ministry of Labor.
[This Article Wholly Amended by Presidential Decree No. 18165, Dec. 18, 2003]
Article 49-2 Deleted. <by Presidential Decree No. 16705, Feb. 9, 2000>
Article 50 (Reasons for Extension of Payment Period)
The “conditions determined by the Presidential Decree” stipulated in Article 39 (2) of the Act shall be as follows: <Amended by Presidential Decree No. 16095, Feb. 1, 1999; Presidential Decree No. 16464, Jul. 1, 1999>
1.Injury or disease of the recipient (excluding injury or disease where injury and disease benefit is being paid pursuant to Article 49 of the Act);
2. Injury or disease of the spouse;
3. Injury or disease of lineal ascendants or descendants of the recipient or of the recipient's spouse;
4. Obligation to serve in the military under the Military Service Act;
5.The detention or the execution of a sentence on suspicion of a crime (excluding persons who are disqualified from the recipients under Article 45 (1) of the Act); and
6.Reasons prescribed by the Ordinance of the Ministry of Labor, which correspond to the reasons in subparagraphs 1 through 5.
[This Article Wholly Amended by Presidential Decree No. 15367, May 8, 1997]
Article 51 (Report for Extension of Payment Period) (1) According to Article 39 (2) of the Act, the person who desires to report the fact that he has been unable to be employed, shall present to the vocational stabilization agency having jurisdiction over his residence, directly or through an agent, the payment period extension report annexing the recipient qualification certificate (limited to the case where there is a recipient qualification certificate) within the payment period: Provided, That where a natural disaster occurs, the person is in the course of the obligatory military service under the Military Service Act, or there are unavoidable causes, it shall be presented within thirty days after the cause has ended. <Amended by Presidential Decree No. 15367, May 8, 1997; Presidential Decree No. 15829, Jul. 1, 1998; Presidential Decree No. 16095, Feb. 1, 1999; Presidential Decree No. 16705, Feb. 9, 2000; Presidential Decree No. 18165, Dec. 18, 2003>
(2) Notwithstanding the provisions of paragraph (1), if any person is paid recuperation allowances in accordance with Article 40 of the Industrial Accident Compensation Insurance Act, he shall be deemed to make a report required by Article 39 (2) of the Act on the first recuperation date. <Newly Inserted by Presidential Decree No. 18296, Feb. 25, 2004>
(3) The head of the vocational stabilization agency, in case the report provided by paragraph (1) is deemed to correspond to the causes for extension of the payment period, shall deliver the payment period extension notice to the person who reported, record the necessary details on the recipient qualification certificate and return it. <Amended by Presidential Decree No. 15367, May 8, 1997>
(4) The person who receives the payment period extension notice referred to in paragraph (3), in case the reasons for the extension of the payment period have ended, or among the stated contents there are changes in matters which are determined by the Ordinance of the Ministry of Labor, shall report this fact to the head of the vocational stabilization agency having jurisdiction over the residence without delay, presenting the payment period extension notice and recipient qualification certificate. <Amended by Presidential Decree No. 15367, May 8, 1997; Presidential Decree No. 18296, Feb. 25, 2004>
(5) The head of the vocational stabilization agency shall, when he receives the report mentioned in paragraph (4), record the related matters on the payment period extension notice and the recipient qualification certificate and return them. <Amended by Presidential Decree No. 15367, May 8, 1997; Presidential Decree No. 18296, Feb. 25, 2004>
Article 52 (Payment of Extended Training Benefits) (1) The term “period determined by the Presidential Decree” in the latter part of Article 42 (2) of the Act shall be two years. <Amended by Presidential Decree No. 16705, Feb. 9, 2000>
(2) and (3) Deleted. <by Presidential Decree No. 16705, Feb. 9, 2000>
Article 52-2 (Payment of Individual Extension Benefit) (1) The term “person who is prescribed by the Presidential Decree as a qualified recipient who is especially hard to live and to land a job” in Article 42-2 (1) of the Act means the qualified recipient who meets the requirements falling under each of the following subparagraphs: <Amended by Presidential Decree No. 16095, Feb. 1, 1999; Presidential Decree No. 16464, Jul. 1, 1999; Presidential Decree No. 16705, Feb. 9, 2000; Presidential Decree No. 17853, Dec. 30, 2002; Presidential Decree No. 18165, Dec. 18, 2003>
1. Deleted; <by Presidential Decree No. 16464, Jul. 1, 1999>
2.A person who has failed to get a job after complying with the job arrangement by the head of an vocational stabilization agency not less than three times for the period ranging from the day he reports his unemployment to the day the payment of the job- seeking allowance for him terminates under Article 33 (1) of the Act and still remains unemployed with a dependent family member falling under any of the following items:
(a) The person who is aged less than 18 or not less than 65;
(b) The disabled persons under the Employment Promotion and Vocational Rehabilitation of Disabled Persons Act; and
(c) The patient who requires a medical treatment for not less than one month;
3.A person who needs the vocational ability development training for his reemployment in view of his vocational experience, wage level, or labor market circumstances, but has not received or is not receiving such vocational ability development training; and
4.A person for whom the aggregate of the basic wage per diem and the property of himself and his spouse are respectively in less than the standards determined and publicly notified by the Minister of Labor.
(2) The term “period as determined by the Presidential Decree” in Article 42-2 (2) of the Act means sixty days. <Amended by Presidential Decree No. 16095, Feb. 1, 1999>
(3) Where a qualified recipient desires to receive individual extended benefits, he shall submit a written application for the individual extended benefits, together with a recipient qualification certificate, to the head of the vocational stabilization agency having jurisdiction over his residence by the closing date of the payment of the job-seeking benefits.
<Newly Inserted by Presidential Decree No. 16095, Feb. 1, 1999; Presidential Decree No. 16705, Feb. 9, 2000>
(4) The necessary matters on the payment of individual extended benefits referred to in paragraph (1) shall be determined by the Ordinance of the Ministry of Labor.
[This Article Newly Inserted by Presidential Decree No. 15829, Jul. 1, 1998]
Article 52-3 (Payment of Special Extended Benefits)
The term “reasons prescribed by the Presidential Decree” in Article 423 (1) of the Act means the cases falling under any of the following subparagraphs and also the case where such situation is expected to continue in the future: <Amended by Presidential Decree No . 16095, Feb. 1, 1999; Presidential Decree No. 16464, Jul. 1, 1999>
1.Where the rate calculated by dividing the number of those who received job-seeking benefits every month (excluding the number of those who receive the training extension benefits under Articles 42 through 423 of the Act) by the number of the insured as of end of the month concerned exceeds 3/100 of the three straight months, respectively;
2. Where the rate of application for recipient qualification every month exceeds 1/100 for three straight months; and
3. Where the employment rate every month exceeds 6/100 for three straight months.
[This Article Newly Inserted by Presidential Decree No. 15829, Jul. 1, 1998]
Article 53 (Payment Procedure for Job-seeking Benefit) (1) The qualified recipient, on the first unemployment recognition date when he presents himself at the local vocational stabilization agency, shall designate and report the financial institution and account number by which he desires to be paid the job-seeking benefit. The same applies in the case of changing the financial institution and account number. <Amended by Presidential Decree No. 15367, May 8, 1997>
(2) The job-seeking benefit shall be paid through the financial institution designated by the qualified recipient. <Amended by Presidential Decree No. 15367, May 8, 1997>
Article 54 (Special Cases of Payment of Job-seeking Benefit)
The term “qualified recipients as determined by the Presidential Decree” listed in Article 43 (2) of the Act means:
1.A person who is recognized as having been unemployed for falling under special causes for recognition of unemployment referred to in Article 44-2;
2.A person whose date of recognition of unemployment has been changed pursuant to Article 45;
3. A person who is recognized as having been unemployed by certificate pursuant to Article 46; and
4. Any qualified recipient who undergoes vocational abilities development training.
[This Article Wholly Amended by Presidential Decree No. 15829, Jul. 1, 1998]
Article 55 (Claim for Unpaid Job-seeking Benefit) (1) The person who desires to claim payment of unpaid job-seeking benefit under Article 44 (1) of the Act (hereinafter referred to as the “unpaid benefit claimant”) shall submit the claim for the unpaid unemployment benefit to the head of the vocational stabilization agency who has jurisdiction over the residential area of the deceased. <Amended by Presidential Decree No. 15367, May 8, 1997>
(2) As provided by Article 44 (2) of the Act, in the case that the unpaid benefit claimant desires to obtain the recognition of unemployment of the deceased qualified recipient, he shall present himself at the vocational stailization agency which has jurisdiction over the residential area of the qualified recipient and submit a written claim for the unpaid unemployment benefit and obtain the recognition of unemployment of the qualified recipient.
(3) When the unpaid benefit claimant submits the written claim for the unpaid unemployment benefits, he shall submit the report or documents which should have been submitted when the deceased qualified recipient desired to obtain the payment of the job-seeking benefit. <Amended by Presidential Decree No. 15367, May 8, 1997>
Article 56 (Applying Mutatis Mutandis)
The provisions of Article 53 shall apply mutatis mutandis to the procedure for payment of the job-seeking benefit to the unpaid benefit claimant. In this case, the term “responsible local vocational stabilization agency” shall read the “vocational stabilization agency which has jurisdiction over the residential area of the deceased”, and the term “qualified recipient” shall read “unpaid benefit claimant”. <Amended by Presidential Decree No. 15367, May 8, 1997>
Article 56-2 (Scope of Large Amount of Money and Articles) (1) The term “money and articles of not less than the amount determined by the Presidential Decree” in Article 45-2 (1) of the Act means the money and articles (excluding wages) of one hundred million won or more in total amount paid at the time of separation, irrespective of their names, such as retirement allowances and retirement consolation benefits.
(2) The term “person who is certain to receive as determined by the Presidential Decree” in Article 45-2 (1) of the Act means the person who left his job at the business falling under any of the following subparagraphs: Provided, that this shall not apply to the case where the relevant business faces with the fact determined by the Ordinance of the Ministry of Labor such as a sentence of bankruptcy under the Bankruptcy Act during the period from one year before the qualified recipient left his job to the date of report on unemployment after leaving job: <Newly Inserted by Presidential Decree No. 16705, Feb. 9, 2000>
1.A government-invested institute under Article 2 of the Framework Act on the Management of Government-Invested Corporations;
2.A local corporation and local public corporation under Articles 49 and 76 of the Local Public Enterprises Act;
3.A business to which the State, local government, or governmentinvested institute has financed one half or more of its capital stock, or contributed one half or more of its endowment; and
4.A business which has no delayed payment of wages during one year prior to the date of leaving job.
[This Article Newly Inserted by Presidential Decree No. 15902, Oct. 1, 1998]
Article 57 (Procedures for Suspending Payment of Job-seeking Benefits) (1) With respect to any qualified recipient who has refused to take the job recommended by the head of the vocational stabilization agency, to follow instructions from the head of the vocational agency to undergo the vocational capability development training or to participate in the vocational guidance offered by the head of the vocational stabilization agency for the purpose of facilitating the reemployment of the jobless in accordance with Article 46 (1) and (2) of the Act, the head of the vocational stabilization agency shall serve in advance notice on such qualified recipient that the payment of job-seeking benefit to him may be suspended under the conditions as prescribed by the Ordinance of the Ministry of Labor.
(2) Notwithstanding the notice referred to in paragraph (1), if the relevant qualified recipient has continued to refuse to take the job recommended by the head of the vocational stabilization agency and to undergo the vocational capability development training, etc. in accordance with Article 46 (1) and (2) of the Act, the head of the vocational stabilization agency shall halt the payment of job-seeking benefit to him.
(3) The head of the vocational stabilization agency shall, if he halts the payment of job-seeking benefit in accordance with paragraph (2), notify the relevant qualified recipient of the grounds of halting the payment of job-seeking benefit to him and the period of such halt, etc. by the day before the next unemployment recognition day and his unemployment shall not recognized during the period in which the payment of jobseeking benefit to him is halted.
[This Article Wholly Amended by Presidential Decree No. 18165, Dec. 18, 2003]
Article 57-2 (Dishonest Acts Mitigating Restriction on Payment of Jobseeking Benefits)
The term “case falling under the causes determined by the Presidential Decree” in the main sentence of Article 47 (2) of the Act means that a qualified recipient has causes falling under any of the following subparagraphs: <Amended by Presidential Decree No. 18165, Dec. 18, 2003>
1. Where one fails to report on the fact of providing labor at an application for a recognition of unemployment or makes a false report during the period which is desired to be recognized as unemployment (hereinafter referred to as a “period subject to unemployment recognition” ); and
2.Where one makes a false report on the reemployment-seeking activities performed during the period subject to unemployment recognition at an application for a recognition of unemployment.
[This Article Newly Inserted by Presidential Decree No. 16705, Feb. 9, 2000]
Article 58 (Refund, etc. of Job-seeking Benefits) (1) Under the provisions of Articles 47 and 48 of the Act, when the head of the vocational stabilization agency decides to suspend payment of jobseeking benefits or refund of job-seeking benefits , or to collect the amount equivalent to the job-seeking benefits, he shall notify this fact to the qualified recipient (including a business operator under Article 48 (2) of the Act) without delay. <Amended by Presidential Decree No. 15367, May 8, 1997>
(2) Any person who is ordered to refund job-seeking benefits or to pay the amount equivalent to job-seeking benefits under paragraph (1) shall make payment within thirty days from the notice: Provided, That where the amount to be paid is not less than an amount as determined by the Minister of Labor, it may, upon his own application, be paid in installments. <Amended by Presidential Decree No. 15367, May 8, 1997; Presidential Decree No. 15587, Dec. 31, 1997>
(3) Procedures and time limit, etc. for installment payment referred to in the proviso of paragraph (2) shall be determined by the Minister of Labor. <Newly Inserted by Presidential Decree No. 15587, Dec. 31, 1997>
Article 59 (Payment Request and Payment Exceptions for Injury, Disease or Child Birth Benefits)(1) A qualified recipient shall, in case he desires to request the payment of injury, disease or child birth benefits under Article 49 (1) of the Act, directly or by proxy, submit a written claim for payment of the injury, disease or child birth benefits, together with his recipient qualification certificate and the certificate of disease, injury or child birth, to the head of the responsible local vocational stabilization agency within 14 days after the cause of inability to work has been removed (within 30 days after the period of payment under Article 39 of the Act is completed, if the period of payment expires within the period of inability to work): Provided, That if there is a natural disaster or any other special reason this shall be submitted within seven days after the cause has ended. <Amended by Presidential Decree No. 15367, May 8, 1997; Presidential Decree No. 15902, Oct. 1, 1998; Presidential Decree No. 16095, Feb. 1, 1999>
(2) The term “compensation or benefits determined by the Presidential Decree” in Article 49 (4) of the Act means compensation or benefits falling under the following subparagraphs: <Amended by Presidential Decree No. 17301, Jul. 7, 2001>
1. Compensation for business shutdown under Article 3 (2) of the State Compensation Act; and
2.Compensation money under Article 7 of the Honorable Treatment of Persons Wounded or Killed for a Righteous Cause Act.
Article 60 (Mutatis Mutandis Application)
The provisions of Articles 49, 53 and 55 through 58 shall apply mutatis mutandis to injury, disease, or child birth benefits. In this case, the term “application form for unemployment recognition” in Article 49 shall be deemed to read “application form for injury, disease, or child birth benefits”; and the term “job-seeking benefits” in Articles 53 and 55 through 58 shall read “injury, disease, or child birth benefits”. <Amended by Presidential Decree No. 15367, May 8, 1997>
Article 61 (Standards for Paying Early Reemployment Allowances) (1) The term “case falling under the standards prescribed by the Presidential Decree” in Article 50 (1) of the Act means the case where the qualified recipient falls under any of the following subparagraphs : <Amended by Presidential Decree No. 18165, Dec. 18, 2003>
1.Where he lands a job that is recognized as being certain to keep him employed for not less than 6 months: Provided, That a case where he is reemployed by any business operator from which he last quits or any business operator related to the former prescribed by the Ordinance of the Ministry of Labor or he is employed by any business operator who has promised the former's employment prior to the date on which his unemployment is reported in accordance with Article 33 of the Act; and
2.Where he is recognized as being certain to run the business of his own for profit for not less than 6 months. In that case, this shall only apply to the case where the qualified recipient reports the preparatory activities for running the business as part of job-seeking activities within the period of receiving the benefits pursuant to Article 34 (3) of the Act and is recognized as being out of work.
(2) The term “period set by the Presidential Decree” in Article 50 (2) of the Act shall be two years.
Article 62 (Amount of Early Reemployment Allowance) (1) The amount of early reemployment allowance under Article 50 (3) of the Act shall be the amount calculated by multiplying a daily amount of the job-seeking benefits of the qualified recipient by one half of the number of unpaid days. <Amended by Presidential Decree No. 15367, May 8, 1997; Presidential Decree No. 15587, Dec. 31, 1997; Presidential Decree No. 17301, Jul. 7, 2001; Presidential Decree No. 18165, Dec. 18, 2003>
(2) Notwithstanding the provision of paragraph (1), the amount of the early reemployment allowance in case where a qualified recipient falls under the following subparagraphs shall be the amount obtained by multiplying a daily amount of the job-seeking benefits by the number of unpaid days: <Newly Inserted by Presidential Decree No. 17301, Jul. 7, 2001; Presidential Decree No. 18165, Dec. 18, 2003>
1.He shall be re-employed in the job series (based upon the classifications on the Korea Standard Occupational Classification Table publicly notified by the Commissioner of the National Statistical Office under Article 17 of the Statistics Act) falling under any of the following items in the business kinds set forth and publicly notified by the Minister of Labor, which are the business of manufacturing, construction or fishery falling under the small or medium business under Article 3 of the Enforcement Decree of the Framework Act on Small and Medium Enterprises:
(a) Skilled workers and those engaged in the related skills;
(b) Those engaged in equipments, machine operation and assembling; and
(c) Those engaged in a simple labor; and
2. Deleted. <by Presidential Decree No. 17853, Dec. 30, 2002>
Article 63 (Claim for Payment of Early Reemployment Allowance) (1) Any qualified recipient shall, when he intents to has his early reemployment allowance paid, file a written claim, accompanied by documents, including his recipient qualification certificate, etc. prescribed by the Ordinance of the Ministry of Labor, with the head of the vocational stabilization agency having jurisdiction over the place of his residence.
(2) The written claim for the payment of the early reemployment allowance referred to in paragraph (1) shall be filed after the date on which he lands a stable job or he begins to run the business of his own for profit in accordance with Article 50 (1) of the Act.
(3) The provisions of Article 53 shall apply mutatis mutandis to the procedures for paying early reemployment allowances.
[This Article Wholly Amended by Presidential Decree No. 18165, Dec. 18, 2003]
Article 64 (Vocational Ability Development Allowance) (1) Vocational ability development allowance referred to in Article 51 (3) of the Act shall be paid to a qualified recipient who received the job training, etc., designated by the head of the vocational stabilization agency, on the day which is designated for payment of job-seeking benefits. <Amended by Presidential Decree No. 15367, May 8, 1997>
(2) The amount of vocational ability development allowance under Article 51 (3) of the Act is the amount which the Minister of Labor has decided and announced in consideration of traffic expenses, food expenses and other necessary expenses for the job training, etc.
(3) Vocational ability development allowance is paid on the day of payment of job-seeking benefits of a qualified recipient. In this case the provisions of Article 53 shall apply mutatis mutandis to the payment procedure for the vocational ability development allowance. <Amended by Presidential Decree No. 15367, May 8, 1997>
(4) The procedure of application for the vocational ability development allowance shall be determined by the Minister of Labor.
Article 65 (Wider Area Job-Seeking Expenses) (1) The “standards determined by the Presidential Decree” in Article 52 (1) of the Act shall require the following conditions:
1. Deleted; <by Presidential Decree No. 18165, Dec. 18, 2003>
2. Expenses required for job-seeking activities shall not be paid by the operator of the business which a qualified recipient visits for jobseeking, and even if paid, they shall be less than the amount of the wider area job-seeking expenses; and
3.The distance from the qualified recipient's residence to the place of business visited for job-seeking shall be as far as or farther than the distance determined by the Ordinance of the Ministry of Labor. In this case, the distance is measured by the usual route from the residence to the business place, and a waterway is considered double the actual distance.
(2) The procedure of application for the wider area job-seeking expenses shall be determined by the Ordinance of the Ministry of Labor. In this case, the provisions of Article 53 shall apply mutatis mutandis to the payment procedure for the wider area job-seeking expenses.
Article 66 (Relocation Expenses) (1) The “standards determined by the Presidential Decree” in Article 53 (1) of the Act shall be under the following conditions: Provided, That the case of being employed with a labor contract period of less than one year shall be excluded: <Amended by Presidential Decree No. 18165, Dec. 18, 2003>
1.In the case of being employed or receiving vocational training, the head of the responsible local vocational stabilization agency shall recognize it as necessary to change the residence under the standards determined by the Minister of Labor; and
2.The expenses of moving the residence shall not be paid by the business operator who employs the qualified recipient, and even if paid, the amount shall be less than the relocation expenses.
(2) The procedure for claiming relocation expenses shall be determined by the Ordinance of the Ministry of Labor. In this case the provisions of Article 53 shall apply mutatis mutandis to the procedure for payment of relocation expenses.
Article 66-2 (Illegal Act for Which Restrictions on Payment of Employment Promotion Allowances is Relaxed)
The term “case falling under the grounds prescribed by the Presidential Decree” in Article 54 (2) of the Act means the case falling under each subparagraph of Article 57-2.
[This Article Newly Inserted by Presidential Decree No. 18165, Dec. 18, 2003]
Article 67 (Application Mutatis Mutandis)
The provisions of Articles 55 (1) and (3), 56 and 58 shall apply mutatis mutandis to the employment promotion allowances. In this case, the “jobseeking benefit” shall be deemed the “employment promotion allowance”, the “qualified recipient” shall be deemed the “person entitled to the payment of the employment promotion allowance” and the “amount of jobseeking benefit” shall be deemed the “amount of employment promotion allowance” and “Article 47 of the Act” shall be deemed “Article 54 of the Act” in Article 58 (1), respectively.
[This Article Wholly Amended by Presidential Decree No. 18165, Dec. 18, 2003]
Article 68 (Entrustment of Business) (1) The head of the vocational stabilization agency may, if it is deemed necessary according to the application of the qualified recipient, entrust unemployment payment-related affairs for that person to another head of the vocational stabilization agency .
(2) If the entrustment under paragraph (1) is performed, the entrusted head of the vocational stabilization agency shall perform the tasks of recognition of unemployment, payment of unemployment benefits and other activities related to unemployment benefits for the qualified recipient, in spite of the provisions of this Chapter.
CHAPTER V-2 CHILDCARE-RELATED TEMPORARY RETIREMENT BENEFITS, ETC.
Article 68-2 (Reasons for Extension of Application Period for Childcarerelated Temporary Retirement Benefits)
For the purpose of the proviso of Article 55-2 (1) 3 of the Act, the term “reasons as prescribed by the Presidential Decree” means the reasons falling under any of the following subparagraphs:
1. Natural disasters;
2. Disease or injury of the principal or spouse;
3. Disease or injury of the lineal ascendants and descendant of the principal or spouse;
4. Obligatory services pursuant to the Military Service Act; and
5. Detention or execution of sentence for the criminal suspicion.
[This Article Newly Inserted by Presidential Decree No. 17403, Oct. 31, 2001]
Article 68-3 (Amount of Childcare-related Temporary Retirement Benefits) (1) The amount of the childcare-related temporary retirement benefits under Article 55-2 (2) of the Act shall be 400,000 won per month. <Amended by Presidential Decree No. 17853, Dec. 30, 2002; Presidential Decree No. 18296, Feb. 25, 2004>
(2) The amount of the childcare-related temporary retirement benefits under paragraph (1) shall be paid by computing the number of days in case of a month when the period subject to payment falls short of one month.
[This Article Newly Inserted by Presidential Decree No. 17403, Oct. 31, 2001]
Article 68-4 (Employment Report, etc. during Period of Childcare-related Temporary Retirement Benefits)
An insured employee shall, when she makes a report on quitting her job or taking another employment under Article 55-4 (1) of the Act, enter the relevant fact in a written application for childcare-related temporary retirement benefits first submitted after the date when she quits her job or takes another employment.
[This Article Newly Inserted by Presidential Decree No. 17403, Oct. 31, 2001]
Article 68-5 (Mutatis Mutandis Application)
The provisions of Article 58 shall apply mutatis mutandis to the suspension of payment or the order to return, etc. of the childcare-related temporary retirement benefits paid under Article 55-2 (1) of the Act. In this case, the term “Article 47 or 48 of the Act” shall be read as “Article 55-5 or 55-6 of the Act”, and “job-seeking benefits” as “childcare-related temporary retirement benefits”.
[This Article Newly Inserted by Presidential Decree No. 17403, Oct. 31, 2001]
Article 68-6 (Entrustment of Affairs for Childcare-related Temporary Retirement Benefits)
The head of a vocational stabilization agency may, where deemed necessary upon an application of an insured employee, deal with the affairs for childcare-related temporary retirement benefits, which are performed against the relevant person, by entrusting them to the head of another vacational stabilization agency.
[This Article Newly Inserted by Presidential Decree No. 17403, Oct. 31, 2001]
Article 68-7 (Reasons for Extension of Application Period for Maternity Leave Allowance)
The provisions of Article 68-2 shall apply mutatis mutandis to the maternity leave allowance before and after childbirth. In this case, the term “proviso of Article 55-2 (1) 3 of the Act” shall be read as “proviso of subparagraph 2 of Article 55-7 of the Act”.
[This Article Newly Inserted by Presidential Decree No. 17403, Oct. 31, 2001]
Article 68-8 (Maximum or Minimum Amount of Maternity Leave Allowance)
The maximum and minimum amount of maternity leave allowance to be paid to an insured employee under Article 55-8 (2) of the Act shall be as follows:
1.Maximum amount: 1.35 million won, in case where the amount equivalent to the ordinary wages is in excess of 1.35 million won; and
2.Minimum amount: Minimum standard monthly wages, in case where the amount equivalent to the ordinary wages is smaller than the amount obtained by multiplying the specified working hours for one month prior to commencing a leave of the insured person by the minimum wage amount equivalent to the unit of time under the Minimum Wages Act which is applied at the time of the date commencing the leave (hereafter in this subparagraph, referred to as the “minimum standard monthly wages”).
[This Article Newly Inserted by Presidential Decree No. 17403, Oct. 31, 2001]
Article 68-9 (Mutatis Mutandis Application)
The provisions of Article 68-4 shall apply mutatis mutandis to the report on the employment, etc. during the maternity leave before and after childbirth. In this case, the term “childcare-related temporary retirement benefits” shall be read as “maternity leave allowance”, and “Article 55-4 (1) of the Act” as “Article 55-4 (1) of the Act to be applied mutatis mutandis pursuant to Article 55 of the Act”.
[This Article Newly Inserted by Presidential Decree No. 17403, Oct. 31, 2001]
Article 68-10 (Mutatis Mutandis Application)
The provisions of Article 58 shall apply mutatis mutandis to the suspension of payment or the order to return, etc. of the maternity leave allowance paid under Article 55-7 of the Act. In this case, the term “Article 47 or 48 of the Act” shall be read as “Article 55-9 of the Act”, and “job-seeking benefits” as “maternity leave allowance”.
[This Article Newly Inserted by Presidential Decree No. 17403, Oct. 31, 2001]
CHAPTER Ⅵ Deleted.
Article 68-11 Deleted. <by Presidential Decree No. 18572, Oct. 29, 2004>
Article 69 Deleted. <by Presidential Decree No. 18572, Oct. 29, 2004>
Article 70 Deleted. <by Presidential Decree No. 18572, Oct. 29, 2004>
Article 71 Deleted. <by Presidential Decree No. 18572, Oct. 29, 2004>
Article 71-2 Deleted. <by Presidential Decree No. 18572, Oct. 29, 2004>
Article 72 Deleted. <by Presidential Decree No. 18572, Oct. 29, 2004>
Article 73 Deleted. <by Presidential Decree No. 18572, Oct. 29, 2004>
Article 73-2 Deleted. <by Presidential Decree No. 18572, Oct. 29, 2004>
Article 74 Deleted. <by Presidential Decree No. 18572, Oct. 29, 2004>
Article 75 Deleted. <by Presidential Decree No. 15367, May 8, 1997>
Article 76 Deleted. <by Presidential Decree No. 15829, Jul. 1, 1998>
Article 76-2 Deleted. <by Presidential Decree No. 18572, Oct. 29, 2004>
Article 77 Deleted. <by Presidential Decree No. 18572, Oct. 29, 2004>
Article 78 Deleted. <by Presidential Decree No. 18572, Oct. 29, 2004>
Article 79 Deleted. <by Presidential Decree No. 18572, Oct. 29, 2004>
Article 79-2 Deleted. <by Presidential Decree No. 18572, Oct. 29, 2004>
Article 80 Deleted. <by Presidential Decree No. 18572, Oct. 29, 2004>
Article 80-2 Deleted. <by Presidential Decree No. 18572, Oct. 29, 2004>
Article 80-3 Deleted. <by Presidential Decree No. 18572, Oct. 29, 2004>
Article 81 Deleted. <by Presidential Decree No. 18572, Oct. 29, 2004>
CHAPTER Ⅶ EMPLOYMENT INSURANCE FUND
Article 82 (Management Business, etc. of Fund) (1) The term “methods to increase the fund determined by the Presidential Decree” in Article 67 (3) 4 of the Act means a purchase of the securities under Article 2 (1) of the Securities and Exchange Act.
(2) The term “certain level determined by the Presidential Decree” in Article 67 (4) of the Act means the earning ratio determined by the Minister of Labor, taking into consideration the interest rate on a fixed deposit with a one-year expiration (referring to the interest rate applied by banks with nationwide business areas from among financial institutions established under the Banking Act).
[This Article Wholly Amended by Presidential Decree No. 17301, Jul. 7, 2001]
Article 83 (Fund Accounting)
Accounting for employment insurance fund (hereinafter referred to as the “fund”) shall be done according to the principles of business accounting. <Amended by Presidential Decree No. 15367, May 8, 1997>
Article 84 (Use of Fund)
The term “expenses determined by the Presidential Decree” in subparagraph 5 of Article 68 of the Act means the following expenses: <Amended by Presidential Decree No. 14935, Mar. 9, 1996; Presidential Decree No. 18572, Oct. 29, 2004>
1. Expenses for management of insurance business;
2. Expenses for management/operation of the fund;
3. Subsidies related to insurance business agencies provided for in Article 33 of the Insurance Premium Collection Act;
4. Payment of consignment fees for business or affairs provided for in the Act and the Insurance Premium Collection Act; and
5. Contribution to the person who exercises by proxy or is entrusted with the business provided for in the Act and the Insurance Premium Collection Act.
Article 85 (Entrustment of Fund Payment)
The Minister of Labor may execute the business related to the payment of support and subsidies from the fund, granting of loans, the payment of training expenses and allowances or unemployment benefits by entrusting the business to a financial institution under the Banking Act or to a communications agency. <Amended by Presidential Decree No. 18572, Oct. 29, 2004>
Article 86 (Fund Operation Plan)
The fund operation plan under Article 69 (1) of the Act shall include the following matters:
1. Matters related to income and expenditures of the fund;
2. Matters related to business plans, expenditure cause actions plan and fund plans for the concerned year;
3. Matters regarding the disposition of the fund carried over from the previous year;
4. Matters regarding the reserve fund; and
5. Other matters necessary for fund operation.
Article 87 (Notification of Fund Operation Result)
The Minister of Labor shall, under Article 69 (2) of the Act, notify the public of the results of the fund operation every year in one or more special daily financial newspaper or general daily newspaper which has its main office in Seoul Special Metropolitan City.
Article 88 (Persons in Charge of Fund Accounting) (1) The Minister of Labor shall appoint a public official in change of Fund revenues, a public official in charge of Fund management, a public official in charge of Fund disbursements and a public official in charge of Fund receipts and disbursements, respectively, from among public officials belonging to the Ministry in order to perform the administrative affairs of revenues and disbursements of the Fund.
(2) The public official in charge of Fund revenues and the public official in charge of Fund management shall perform the act of concluding any contract, receiving revenues and making disbursements and also take charge of the work of collecting and deciding Fund revenues while managing and operating the Fund, and the public official in charge of Fund disbursements and the public official in charge of Fund receipts and disbursements perform the work of managing revenues and disbursements that accrue from the management and operation of the Fund.
(3) The Minister of Labor shall, when he appoints any public official in charge of Fund revenues, any public official in charge of Fund management, any public official in charge of Fund disbursements and any public official in charge of Fund receipts and disbursements, notify the Chairman of the Board of Audit and Inspection and the Governor of the Bank of Korea of his appointments of them.
[This Article Wholly Amended by Presidential Decree No. 18572, Oct. 29, 2004]
Article 88-2 (Repayment of Allowance)
The repayment of allowance referred to in Article 70 (3) of the Act shall be made from revenues of the business year upon the expiration of the period of repayment.
[This Article Newly Inserted by Presidential Decree No. 15829, Jul. 1, 1998]
Article 89 (Designation of Transacting Bank)
The public official in charge of Fund disbursements shall designate the Bank of Korea in its jurisdiction (including its main office, its branch office, its agency, or its national agency; hereinafter the same shall apply), or the nearest Bank of Korea if there is no Bank of Korea in its jurisdiction, as the payer of the checks issued by him. <Amended by Presidential Decree No. 18572, Oct. 29, 2004>
Article 90 (Procedure for Receipt of Fund Revenues) (1) When any public official in charge of Fund revenues intends to collect revenues coming to the fund, he shall notify the person responsible for payment to pay it to the fund's account in the Bank of Korea. <Amended by Presidential Decree No. 18572, Oct. 29, 2004>
(2) When the Bank of Korea receives revenues for the fund, it shall deliver the receipt to the payer and send notice of the receipt to the relevant public official in charge of Fund revenues without delay. <Amended by Presidential Decree No. 18572, Oct. 29, 2004>
(3) The Bank of Korea shall centralize the revenues of the fund received under paragraph (2) at the fund account established in the main office of the Bank of Korea according to handling procedures for national funds.
Article 91 (Procedure for Expenditure of Fund) (1) When any public official in charge of Fund management executes an expenditure cause, he shall send the documents related to the expenditure cause to the relevant public official in charge of Fund disbursements. <Amended by Presidential Decree No. 18572, Oct. 29, 2004>
(2) When the public official in charge of Fund disbursements intends to disburse money from the Fund for expenditures caused by actions of the public official in charge of Fund management, he shall issue a check with the Bank of Korea as the payer. <Amended by Presidential Decree No. 18572, Oct. 29, 2004>
(3) The amount which has not been expended during the concerned fiscal year due to unavoidable reasons, after the public official in charge of Fund management has executed the causes for expenditure, may be expended by carrying it forward to the next year. <Amended by Presidential Decree No. 18572, Oct. 29, 2004>
Article 92 (Prohibition on Cash Dealings)
The public official in charge of Fund disbursements and the public official in charge of Fund receipts and disbursements shall not keep or handle cash: there is an exception in the case where Article 65 of the Budget and Accounts Act is applied. <Amended by Presidential Decree No. 18572, Oct. 29, 2004>
Article 93 (Assignment of Limit on Amount of Fund Expenditure Cause Actions) (1) The Minister of Labor shall assign to the public official in charge of Fund management a limit on the amount of fund to be used for expenditure cause actions within the scope of the quarterly expenditure cause actions plan in subparagraph 2 of Article 86. <Amended by Presidential Decree No. 18572, Oct. 29, 2004>
(2) The Minister of Labor shall assign a limit on the amount of expenditure to the public official in charge of Fund disbursements within the scope of the monthly fund plan in subparagraph 2 of Article 86. <Amended by Presidential Decree No. 18572, Oct. 29, 2004>
Article 94 (Report on Operational State of Fund) (1) The public official in charge of Fund revenues shall make a report on the amount of funds collected, the public official in charge of Fund management shall make a monthly report on the amount of fund expenditure cause actions, and the public official in charge of Fund disbursements shall make a monthly report on the fund expenditure amount. These shall be dated as of the last day of the present month and submitted to the Minister of Labor by the 20th day of the next month. <Amended by Presidential Decree No. 18572, Oct. 29, 2004>
(2) Other necessary matters related to the report on fund operation management besides the reports covered by paragraph (1), shall be determined by the Minister of Labor.
Article 95 (Report on Settlement of Accounts of Fund)
The Minister of Labor shall draft the following documents related to the settlement of accounts of the fund for each fiscal year, and shall submit it by the end of February of the next fiscal year, to the Minister of Finance and Economy following review by the Employment Policy Deliberation Council, according to the Framework Act on Employment Policy: <Amended by Presidential Decree No. 15829, Jul. 1, 1998>
1. Documents on the general condition and analysis of the statement of accounts of the fund;
2. Financial statements such as balance sheet, profit and loss settlement, etc.;
3. Operational plan of the fund and comparative list of actual achievements;
4. Earnings and expenditure statement of accounts; and
5. Other documents necessary to clarify the contents of the settlement of accounts.
Article 96 (Receipts and Disbursements of Reserve Fund)
Necessary matters related to receipts and disbursements of the reserve fund and spare money of the fund under Article 72 of the Act shall be determined by the Ordinance of the Ministry of Labor.
Article 97 (Budget and Accounts Act Applied Mutatis Mutandis)
Matters which are not prescribed by the provisions of this Act or this Decree regarding the operation or management of the fund, shall be carried out under the provisions of the Budget and Accounts Act.
CHAPTER Ⅷ REQUEST FOR EXAMINATION AND REEXAMINATION
Article 98 (Qualifications of Examiner)
The employment insurance examiner (hereinafter referred to as “examiner”) under Article 75 of the Act shall be appointed from among the public officials affiliated with the Ministry of Labor and shall fulfill one of the following descriptions:
1. A person who has held office previously at the fifth level or higher of regular government service in the Ministry of Labor and who has worked on affairs related to examinations or applications for reexaminations on employment insurance for more than one year;
2. A person who has held office previously at the fifth level or higher of regular government service in the Ministry of Labor and has worked in employment insurance affairs for more than two years; and
3. Other persons who are recognized by the Minister of Labor as having the equivalent of the qualifications listed in paragraph (1) or (2).
Article 98-2 (Assignment and functions of Examiner) (1) Examiners referred to in Article 75 (3) of the Act shall be assigned to a Regional Labor Administration Office.
(2) Examiners shall take charge of examination affairs and case study on the request for examination of the Regional Labor Administration Office and its affiliated offices.
[This Article Newly Inserted by Presidential Decree No. 15829, Jul. 1, 1998]
Article 99 (Method of Application for Challenge) (1) The application for challenge to the examiner under Article 75 (4) of the Act shall be in writing with the reasons clearly indicated.
(2) When the Minister of Labor receives the application for challenge under paragraph (1), he shall make a decision within 15 days and notify the applicant.
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