Article 24 (Support of Employment Promotion Facilities) (1) In accordance with the provisions of Article 19 of the Act, the Minister of Labor may provide support for part of the establishment or operation expenses of employment promotion facilities to the head of local government, the public organization or the non-profit corporation which is delegated or entrusted with the establishment or operation of such facilities under the provisions of Article 21 of the Framework Act on Employment Policy.
(2) Necessary details related to the support of employment promotion facilities under paragraph (1) shall be determined by the Minister of Labor.
(3) In accordance with the provisions of Article 19 of the Act, the Minister of Labor may give support to part of the operation expenses of nursery facilities where the business operator establishes or operates such facilities independently or jointly, as determined by the Ordinance of the Ministry of Labor. <Amended by Presidential Decree No. 15367, May 8, 1997>
(4) The Minister of Labor may support with loans or other financial assistance a business operator or a business operators’ organization which intends to install nursery facilities independently or jointly under the provisions of Article 19 of the Act as prescribed by the Minister of Labor. In this case, the partial financial support for the setup of the installations shall be limited to the case where the operators of the business subject to the preferential financial support (including any business operators’ organization in which the number of the businesses subject to the preferential financial support accounts for more than 50/100 of the total affiliated businesses) install the facilities independently or jointly. <Newly Inserted by Presidential Decree No. 14935, Mar. 9, 1996; Presidential Decree No. 15367, May 8, 1997; Presidential Decree No. 16464, Jul. 1, 1999>
Article 24-2 (Disposition of Specialized Labor Power) (1) Pursuant to Article 20 of the Act, the Minister of Labor shall post to the vocational stabilization agency, and manage, vocational counselors who professionally support the collection and furnishing of employment information, vocational guidance, job placement and employment of the unemployed, etc. <Amended by Presidential Decree No. 15902, Oct. 1, 1998>
(2) Such matters as may be necessary for the qualifications of vocational counselors referred to in paragraph (1) shall be determined by the Ordinance of the Ministry of Labor. <Newly Inserted by Presidential Decree No. 15902, Oct. 1, 1998>
[This Article Newly Inserted by Presidential Decree No. 15367, May 8, 1997]
Article 25 Deleted. <by Presidential Decree No. 15367, May 8, 1997>
Article 26 (Restrictions on Support Payments due to Dishonest Acts) (1) The Minister of Labor shall not pay persons who receive or attempt to receive support or subsidy as provided in Articles 17, 18, 19-2, 20, 22, 22-2, 23, 23-2 and 24 in false and other unlawful ways, the remaining support or subsidy, or the support or subsidy which is desired to be paid, and shall order the refund of the support or subsidy which has been already paid. <Amended by Presidential Decree No. 15367, May 8, 1997; Presidential Decree No. 15829, Jul. 1, 1998; Presidential Decree No. 16464, Jul. 1, 1999; Presidential Decree No. 16705, Feb. 9, 2000; Presidential Decree No. 17090, Dec. 30, 2000; Presidential Decree No. 17301, Jul. 7, 2001>
(2) The Minister of Labor shall not pay support or subsidy to persons who received or attempted to receive support or subsidy as provided in Articles 17,18, 19-2, 20, 22, 22-2, 23, 23-2 and 24 in false and other unlawful ways, for one year from the date on which they received or attempted to receive such support or subsidy, and shall order the refund of the support or subsidy which was paid in error during the payment restriction period. <Amended by Presidential Decree No. 15902, Oct. 1, 1998; Presidential Decree No. 16464, Jul. 1, 1999; Presidential Decree No. 16705, Feb. 9, 2000; Presidential Decree No. 17090, Dec. 30, 2000; Presidential Decree No. 17301, Jul. 7, 2001>
(3) The Minister of Labor shall, in case where he orders the return under the provisions of paragraph (1) or (2), or decides an additional collection of the amount not exceeding the amount equivalent to that obtained by falsity and other unlawful means pursuant to Article 20-2 (1) (proviso) of the Act, without delay notify the counterpart thereof. <Newly Inserted by Presidential Decree No. 16705, Feb. 9, 2000; Presidential Decree No. 17090, Dec. 30, 2000>
(4) Any person in receipt of a notification under paragraph (3) shall pay the amount notified within 30 days from the date when he received the notification. In this case, the method of payment shall be in a lump sum in principle, but in case where the amount of payment is in excess of 10 million won and also in excess of one half of the estimated premium of relevant business, it may be paid in installments under the conditions as determined by the Minister of Labor. <Newly Inserted by Presidential Decree No. 16705, Feb. 9, 2000; Presidential Decree No. 17090, Dec. 30, 2000>
(5) In case where a person in receipt of the order of return under paragraph (1) or (2) fails to discharge the payment obligation within the specified period, the support or subsidy shall not be paid during the period wherein he fails to discharge such obligation and for one year from the date of discharging the obligation. <Newly Inserted by Presidential Decree No. 17090, Dec. 30, 2000>
Article 26-2 (Special Cases of Business Subject to Block Application)
For businesses which are subject to block application pursuant to Article 10-2 of the Act, an individual business shall be deemed to be one business, in application of the provisions of Articles 17, 18, 19-2, 20, 22, 222, 23 and 23-2. <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. 17301, Jul. 7, 2001>
[This Article Newly Inserted by Presidential Decree No. 15367, May 8, 1997]
Article 26-3 (Mutual Adjustment of Support Payment and Subsidy) (1) Any business operator who satisfies requirements for receiving the employment maintenance support payment under the provisions of Article 17, even when he takes measures satisfying requirements for receiving the payments of the reemployment promotion subsidy, the employment promotion subsidy for the aged, the employment promotion subsidy for the long unemployed and the employment promotion subsidy for women under the provisions of Articles 19-2, 22 (1) 2 and 3, 22-2 and 23 (1) 2 and 3, shall be excluded from receiving the payments of those subsidies with the exception of the employment maintenance support payment. <Amended by Presidential Decree No. 16705, Feb. 9, 2000; Presidential Decree No. 17090, Dec. 30, 2000>
(2) Where a worker exists who satisfies requirements for receiving the payments of the reemployment promotion subsidy, the regional employment promotion support payment, the employment promotion subsidy for the aged, the employment promotion subsidy for the long unemployed or the employment promotion subsidy for women under the provisions of Articles 19-2, 20, 22 (1), 22-2, 23 (1) 2 and 3, only one payment or subsidy shall be paid to the worker upon a request from a business operator who employs him. <Amended by Presidential Decree No. 17090, Dec. 30, 2000>
[This Article Wholly Amended by Presidential Decree No. 16464, Jul. 1, 1999]
CHAPTER Ⅳ ACTIVITIES FOR VOCATIONAL ABILITY DEVELOPMENT
Article 27 (Support for Expenses of Vocational Abilities Development Training for Business Operators) (1) The term “vocational abilities development training as determined by the Presidential Decree” listed in Article 22 of the Act means vocational abilities development training referred to in Article 22 of the Worker Vocational Training Promotion Act (hereinafter referred to as “vocational abilities development training”) falling under any of the following subparagraphs: <Amended by Presidential Decree No. 19705, Feb. 9, 2000>
1. Vocational abilities development training carried out for the insured;
2. Vocational abilities development training carried out for those desired to be employed in the business or a business associated therewith;
3. Vocational abilities development training carried out by any vocational stabilization agency intended for persons registered as job-seekers; and
4. Vocational abilities development training, carried out by granting paid leave (excluding monthly and annual paid leave referred to in Articles 57 and 59) meeting the following requirements to the insured employed in the business:
(a) It shall be granted to the insured, for not less than thirty days on end who have been in office for one or more years: Provided, That where paid leave is granted to workers engaged in the production or its related position to encourage skills and technology, who are notified by the Minister of Labor, a period of paid leave may otherwise be determined; and
(b) Wages exceeding an amount equivalent to ordinary wages shall be paid during the period.
(2) The support amount of expenses for vocational abilities development training referred to in paragraph (1) shall be an amount calculated by multiplying the training expenses (limited to expenses meeting the standards notified by the Minister of Labor) by the ratio notified by the Minister of Labor taking into account the size of business and so on, and in the case of paragraph (1) 2 and 3, such a training allowance as determined and notified by the Minister of Labor shall be added to the calculated amount and a higher ratio of support may be determined for business operators who carry out vocational abilities development training intended for workers engaged in the production or its related position to encourage skills and technology, who are notified by the Minister of Labor. <Amended by Presidential Decree No. 16705, Feb. 9, 2000>
(3) The necessary matters on the scope of support, the upper limit of support and the procedure for application for support, and others for the training expenses for vocational abilities development and training allowances shall be determined by the Ordinance of the Ministry of Labor. <Amended by Presidential Decree No. 16705, Feb. 9, 2000; Presidential Decree No. 17090, Dec. 30, 2000>
[This Article Wholly Amended by Presidential Decree No. 15829, Jul. 1, 1998]
Article 28 Deleted. <by Presidential Decree No. 15829, Jul. 1, 1998>
Article 29 Deleted. <by Presidential Decree No. 15829, Jul. 1, 1998>
Article 30 (Limits to Support for Expenses) (1) The total amount of support for expenses related to vocational abilities development training which the business operator may receive pursuant to Article 23-2 of the Act, shall be limited to an amount equivalent to 180/100 (120/100 in the case of a large scale enterprise) of the estimated premiums for the vocational ability development activities which the business operator shall pay during the year concerned: Provided, That for the designated period referred to in Article 16 (3), the total limit on expenses payable for the business operator may be 200/100 (150/100 for a large scale enterprise) of the estimated premiums for vocational abilities development activities to be paid by the business operator in the year concerned. <Amended by Presidential Decree No. 15367, May 8, 1997; Presidential Decree No. 15829, Jul. 1, 1998>
(2) Notwithstanding the provisions of paragraph (1), where a business operator has carried out training approved by the Minister of Labor pursuant to Article 28 of the Worker Vocational Training Promotion Act under the conditions as prescribed by the Ordinance of the Ministry of Labor, or carries out the training for vocational ability development for those who are not the workers employed at the relevant business, he may receive up to 100/100 of the estimated premiums for vocational abilities development activities to be paid by the business operator in the year concerned, plus support payment referred to in paragraph (1). <Amended by Presidential Decree No. 15829, Jul. 1, 1998; Presidential Decree No. 16705, Feb. 9, 2000; Presidential Decree No. 17090, Dec. 30, 2000>
(3) Where the amount of the support payment falls short of the minimum amount of the cost support limit set by the Minister of Labor in the light of the business size and type, etc. the minimum amount of the cost support limit set by the Minister of Labor shall be the amount of the support payment notwithstanding the provisions of paragraphs (1) and (2). <Newly Inserted by Presidential Decree No. 16464, Jul. 1, 1999>
Article 30-2 (Support, etc. for Subsidies for Taking Lectures) (1) The Minister of Labor may, under the provisions of Article 24 (1) of the Act, support the whole or part of necessary expenses for those falling under any of the following subparagraphs who take training courses (limited to group training under Article 4 (1) of the Enforcement Decree of the Vocational Training Promotion Act) designated or approved pursuant to Article 28 of the Vocational Training Promotion Act on their own accounts on such terms and conditions as prescribed by the Ordinance of the Ministry of Labor: Provided, That in case where an insured person undergoes at his own expenses the basic course of informationalization which is set and publicly notified by the Minister of Labor, the whole or part of required expenses may be supported even if it does not correspond to subparagraphs 1 and 2: <Amended by Presidential Decree No. 16705, Feb. 9, 2000; Presidential Decree No. 17090, Dec. 30, 2000; Presidential Decree No. 17301, Jul. 7, 2001>
1. Any insured who is scheduled to leave his job, and who has left his job within a month during or after the training: Provided, That the cases falling under the cause for restriction on qualifications for benefit payment under Article 45 of the Act shall be excluded;
2. Any insured of not less than fifty years of age; and
3. Deleted. <by Presidential Decree No. 16705, Feb. 9, 2000>
(2) The Minister of Labor may loan tuition fees in whole or in part where any insured worker insured enters or attends a school higher than a college falling under any of the following subparagraphs at his own account pursuant to Article 24 (1) of the Act: <Amended by Presidential Decree No. 17301, Jul. 7, 2001>
1. A technical college under the Technical College Act;
2. A lifelong education institutions in the form of remote college for which a scholastic ability and academic degree equivalent to graduates from a junior college or a university is acknowledged under Article 22 (3) of the Lifelong Education Act; and
3. A school under Article 2 of the Higher Education Act (excluding various schools).
(3) Loan conditions such as the interest rate and terms of a loan referred to in paragraph (2) shall be determined by the Minister of Labor in consultation with the Minister of Finance and Economy.
(4) Selection of those subject to the loan under paragraph (2), procedure for loan, frequency of loan and other matters necessary for loan shall be determined by the Ordinance of the Ministry of Labor. <Newly Inserted by Presidential Decree No. 17090, Dec. 30, 2000>
[This Article Newly Inserted by Presidential Decree No. 15829, Jul. 1, 1998]
Article 30-3 (Subsidization of Examination Fees, etc.)
The Minister of Labor may, in case where an insured person has obtained the national technical qualifications prescribed by the Ordinance of the Ministry of Labor at his own expenses under Article 24 (1) of the Act, subsidize the whole or part of the relevant expenses under the conditions as prescribed by the Ordinance of the Ministry of Labor.
[This Article Newly Inserted by Presidential Decree No. 16705, Feb. 9, 2000]
Article 31 (Re-employment Training for Unemployed) (1) The Minister of Labor may, under Article 24 (2) of the Act, carry out reemployment training for unemployed job seekers who are formerly insured and deemed necessary to undergo vocational abilities training. <Amended by Presidential Decree No. 15829, Jul. 1, 1998>
(2) The expenses required for reemployment training referred to in paragraph (1) may be paid to those who undergo training or any institution carrying out the training concerned. <Amended by Presidential Decree No. 15829, Jul. 1, 1998>
(3) In the case that the Minister of Labor executes vocational abilities development training for reemployment of the unemployed under Article 24 (2) of the Act, if the same unemployed does not have the qualifications for the job-seeking benefit as stipulated in Article 33-2 (1) of the Act, the Minister of Labor may pay the training allowance. <Amended by Presidential Decree No. 15367, May 8, 1997; Presidential Decree No. 15829, Jul. 1, 1998; Presidential Decree No. 16705, Feb. 9, 2000>
(4) The Minister of Labor may loan the whole or part of relevant training expenses to the jobless persons, who were formerly the insured, undergoing the reemployment training for jobless persons under paragraph (1). <Newly Inserted by Presidential Decree No. 17090, Dec. 30, 2000>
(5) The selection of those subject to the loan, the procedure for loan, the frequency of loan under paragraph (4) and other matters necessary for loan shall be determined by the Ordinance of the Ministry of Labor. <Newly Inserted by Presidential Decree No. 17090, Dec. 30, 2000>
(6) The institute to execute the reemployment training for jobless persons under paragraph (1), and other matters necessary for the execution of the reemployment training for jobless persons shall be determined by the Ordinance of the Ministry of Labor. <Newly Inserted by Presidential Decree No. 17090, Dec. 30, 2000>
Article 32 (Loan of Expenses for Vocational Abilities Development Training Facilities, etc.) (1) The Minister of Labor may, under Article 25 of the Act, loan the expenses required to set up vocational abilities development training facilities and to purchase equipment, to the person who executes or to the business operator, the organization of business operators and those who install and operate the facilities for vocational abilities development training under subparagraph 3 or 4 of Article 3 of the Enforcement Decree of the Vocational Training Promotion Act who desire to execute vocational abilities development training. <Amended by Presidential Decree No. 15367, May 8, 1997; Presidential Decree No. 15829, Jul. 1, 1998; Presidential Decree No. 17090, Dec. 30, 2000>
(2) Deleted. <by Presidential Decree No. 15829, Jul. 1, 1998>
(3) The loan conditions such as the interest rate and terms of the loan, as stipulated in paragraph (1), shall be determined by agreement between the Minister of Labor and the Minister of Finance and Economy. In this case, the rate of the loan may be decided differently for the business operator of the preferentially supported enterprise and the association of business operators of such enterprises. <Amended by Presidential Decree No. 15367, May 8, 1997; Presidential Decree No. 15829, Jul. 1, 1998>
(4) Necessary details related to the loan ceiling and procedures, etc., of the expenses referred to in paragraph (1) shall be determined by the Ordinance of the Ministry of Labor. <Newly Inserted by Presidential Decree No. 15367, May 8, 1997; Presidential Decree No. 15829, Jul. 1, 1998; Presidential Decree No. 17090, Dec. 30, 2000>
Article 33 (Support for Vocational Abilities Development Training Facilities) (1) Where the business operator, the association of business operators or its federation and the Korea Manpower Agency under the Korea Manpower Agency Act install the vocational abilities development facilities independently or jointly pursuant to Article 25 of the Act, the Minister of Labor may support part of the installation expenses and those for purchase of equipments. In this case, the business operator belonging to the preferentially supported enterprise or the association of business operators may be treated preferentially. <Amended by Presidential Decree No. 16705, Feb. 9, 2000>
(2) Matters necessary for the limit of support for the expenses under paragraph (1) and procedures therefor, etc. shall be determined by the Ordinance of the Ministry of Labor. <Newly Inserted by Presidential Decree No. 16705, Feb. 9, 2000; Presidential Decree No. 17090, Dec. 30, 2000>
[This Article Wholly Amended by Presidential Decree No. 15829, Jul. 1, 1998]
Article 34 (Promotion of Vocational Ability Development) (1) The Minister of Labor may provide support for a person who executes or desires to execute the activities falling under any of the following subparagraphs, pursuant to Article 26 (1) 3 of the Act, with the expenses required for their execution: <Amended by Presidential Decree No. 15829, Jul. 1, 1998; Presidential Decree No. 16705, Feb. 9, 2000>
1. Research and study related to activities for the development of vocational abilities;
2. Educational and public relations activities for the development of vocational abilities;
3. Development, publication and distribution of textbooks for the devel opment of vocational abilities;
3-2. Qualifying examination activities carried out by business operators to improve the workers, techniques;
3-3. Activities of examination agencies for national technical qualifications pursuant to the National Technical Qualifications Act for the expediency of the insured in obtaining the qualifications; and
4. Other activities promoting development of vocational abilities.
(2) Qualifying examination activities referred to in paragraph (1) 3-2 shall meet the following requirements: <Newly Inserted by Presidential Decree No. 15829, Jul. 1, 1998; Presidential Decree No. 16705, Feb. 9, 2000>
1. They shall be qualifying examination activities carried out by any business operators independently or jointly for workers of the business or its associated business;
2. Items of qualifying examination shall be directly related to knowledge and functions required for the relevant business;
3. They shall have established and implemented regulations which give preferential treatment to workers who have obtained the qualifications concerned in promotion, a rise in pay, remuneration, etc.;
4. They shall not charge workers who want to obtain the qualifications concerned all the expenses such as qualifying commissions in connection qualifying examination activities;
5. Qualification examinations shall not aim at profit-making; and
6. They shall meet other requirements as prescribed by the Ordinance of the Ministry of Labor.
(3) Necessary details related to application for support, method of support, etc., of the expenses referred to in paragraph (1) shall be determined by the Minister of Labor.
[This Article Wholly Amended by Presidential Decree No. 15367, May 8, 1997]
Article 34-2 (Entrusted Implementation of Vocational Abilities Development Training Activities) (1) Where the Minister of Labor intends to carry out vocational abilities development training activities by entrustment pursuant to Article 26 (2) of the Act, he shall annually establish a plan for vocational abilities development training activities to be entrusted (hereinafter “entrusted training activities”).
(2) The type of businesses to be trained in entrusted training activities referred to in paragraph (1) shall be determined, giving preference to any type of business which is difficult for the individual business operator to carry out or which is lacking in manpower or that forming a basis for the nation’s economic development.
(3) Entrusted training activities referred to in paragraph (1) shall be carried out, entrusted to any vocational abilities development facilities referred to in Article 2 of the Worker Vocational Training Promotion Act.
(4) Matters necessary for the entrusted training activities, such as the subjected persons for entrusted training activities, the training procedures, the training expenses and the support to training allowances, etc. shall be determined by the Ordinance of the Ministry of Labor. <Newly Inserted by Presidential Decree No. 17090, Dec. 30, 2000>
[This Article Newly Inserted by Presidential Decree No. 15829, Jul. 1, 1998]
Article 35 Deleted. <Amended by Presidential Decree No. 15829, Jul. 1, 1998>
Article 35-2 (Support for Development of Vocational Abilities of Construction Workers) (1) Under the provisions of Article 26-2 of the Act, the Minister of Labor may support part of the expenses where a business operator or business operators’ association of the construction industry conducts vocational abilities development training for the development or improvement of vocational abilities of construction workers who are not employed in a specified workplace and who are determined and publicly notified by the Minister of Labor; and he may support the expenses required therefore in the case that the same business operator or business operators’ association pays a training allowance to the construction workers during the training period. <Amended by Presidential Decree No. 15829, Jul. 1, 1998; Presidential Decree No. 17090, Dec. 30, 2000>
(2) The provisions of Article 27 (2)and (3) shall apply mutatis mutandis to the support for the expenses of vocational abilities development training referred to in paragraph (1). <Amended by Presidential Decree No. 15829, Jul. 1, 1998>
[This Article Newly Inserted by Presidential Decree No. 15367, May 8, 1997]
Article 36 (Execution of Business by Proxy)
The Minister of Labor may, under Article 27 of the Act, have the Korea Manpower Agency, as set forth by the Korea Manpower Agency Act and the Korea Research Institute for Vocational Education and Training under the Act on the Establishment, Operation and Fosterage of GovernmentInvested Research Institutions, etc., exercise by proxy each of the activities listed in Article 34 (1). <Amended by Presidential Decree No. 15367, May 8, 1997; Presidential Decree No. 15587, Dec. 31, 1997; Presidential Decree No. 15829, Jul. 1, 1998; Presidential Decree No. 16705, Feb. 9, 2000>
Article 37 (Restriction of Support Payments, etc., due to Dishonest Acts)
The provisions of Article 26 shall apply mutatis mutandis to the order for payment suspension or refund of the expenses for vocational abilities development training paid pursuant to Articles 27, 30-2, 30-3, 31 through 34, 34-2 and 35-2. In this case, the term “support or subsidy” shall be deemed to read the “expenses for vocational abilities development training”. <Amended by Presidential Decree No. 15829, Jul. 1, 1998; Presidential Decree No. 17301, Jul. 7, 2001>
CHAPTER Ⅴ UNEMPLOYMENT BENEFITS
Article 38 (Determination and Notification of Unemployment Benefits Payment)
When the head of the vocational stabilization agency determines whether or not to pay unemployment benefits, he shall notify this fact to the applicant: Provided, That in the case that he decides to pay the unemployment benefits, he may substitute for notification by recording or transferring the fact on the employment insurance recipient qualification certificate, under the provisions of Article 43. <Amended by Presidential Decree No. 15367, May 8, 1997>
Article 39 (Drawing Up Original Register of Benefits) (1) The head of the vocational stabilization agency, when he pays the unemployment benefits, shall draw up an original register of benefits for each qualified recipient who receives the unemployment benefits.
(2) Where there is a request by a person who is related to the insurance, the head of the vocational stabilization agency shall have the person inspect the original register of benefits and issue a certificate if it is deemed necessary.
Article 40 (Causes for Extension of Standard Period)
The “causes provided for by the Presidential Decree” under Article 31 (2) of the Act shall be the following causes: Provided, That they shall exclude the case where he receives money as determined by the Minister of Labor pursuant to the proviso of subparagraph 4 of Article 2 of the Act: <Amended by Presidential Decree No. 15587, Dec. 31, 1997>
1. Shutdown of business;
2. Temporary retirement due to pregnancy, delivery or child care; and
3. Temporary retirement from office or other similar situations as determined and notified by the Minister of Labor.
Article 41 (Exclusion of Daily Working Period)
The period worked as a daily worker, as specified in Article 30 of the Act, shall be excluded from the insured period when calculating the insured unit period under the provision of Article 32 (1) of the Act and the fixed payment days under the provision of Article 41 (1) of the Act.
Article 42 (Application for Job-seeking and Application for Recognition of Recipient Qualification) (1) Any person who desires to report unemployment pursuant to Article 33 of the Act shall make an application for job-seeking as referred to in Article 9 of the Employment Security Act, and submit a written application for recognition of recipient qualification to the head of the vocational stabilization agency who has jurisdiction over his residence (hereinafter referred to as the “head of the vocational stabilization agency having jurisdiction over the residence”). In this case, it shall be accompanied by a payment period extension notice as referred to in Article 51, if delivered.
(2) In the case where any person who desires to report unemployment pursuant to paragraph (1) has a confirmation document on separation delivered by the business operator pursuant to Article 10 (6), he shall submit it to the head of the vocational stabilization agency having jurisdiction over the residence: Provided, That this shall not apply in case where it is impossible to deliver a confirmation document on separation due to obscurity of the whereabouts of the business operator who has employed the separated person or other inevitable reasons.
(3) As stipulated in Article 34 (3) of the Act, the head of the vocational stabilization agency who receives the report on unemployment pursuant to paragraph (1) shall designate a date on which the reporter must go to the vocational stabilization agency and obtain the recognition of unemployment (hereinafter referred to as the “recognition date of unemployment”), and shall notify it to the reporter.
[This Article Wholly Amended by Presidential Decree No. 15367, May 8, 1997]
Article 43 (Recognition of Recipient Qualification) (1) In the case where the head of the vocational stabilization agency receives a written application for recognition of recipient qualification as provided in Article 42, he shall deliver an employment insurance recipient qualification certificate (hereinafter referred to as the “recipient qualification certificate”) to the applicant on the date when unemployment is first recognized, in the case that the applicant is recognized as having the recipient qualification for job-seeking benefit referred to in Article 33-2 (1) of the Act. <Amended by Presidential Decree No. 15367, May 8, 1997; Presidential Decree No. 16705, Feb. 9, 2000>
(2) In the case where the person who has submitted a written application for recognition of recipient qualification has no recipient qualification for job-seeking benefit as referred to in Article 33-2 (1) of the Act, the head of the vocational stabilization agency shall notify the fact to the applicant concerned. <Amended by Presidential Decree No. 15367, May 8, 1997; Presidential Decree No. 16705, Feb. 9, 2000>
(3) In case the recipient qualification certificate mentioned in paragraph (1) becomes unusable or is lost, the recipient shall apply to the head of his local vocational stabilization agency for re-delivery. <Amended by Presidential Decree No. 15367, May 8, 1997>
(4) In the case that the qualified recipient changes or corrects his name or resident registration number or address or dwelling place, he shall report this fact to the head of his local vocational stabilization agency. In this case the head of the vocational stabilization agency shall amend the related details on the recipient qualification certificate and return it. <Amended by Presidential Decree No. 15367, May 8, 1997>
(5) The person who has a recipient qualification delivered pursuant to paragraph (1) may request the head of the vocational stabilization agency who recognized the recipient qualification to deliver the document of particulars that formed the basis for recognition of the recipient qualification.
<Newly Inserted by Presidential Decree No. 15367, May 8, 1997>
Article 44 (Recognition of Unemployment) (1) In case the qualified recipient desires to receive recognition of unemployment under Article 34 (3) of the Act, he shall present himself at the responsible vocational stabilization agency in his local area on the recognition date of unemployment and record on the application form for recognition of unemployment, the contents of his past 14 days of jobseeking activities, and submit it together with his recipient qualification certificate. <Amended by Presidential Decree No. 15367, May 8, 1997>
(2) In the case that the head of the vocational stabilization agency recognizes unemployment as provided in paragraph (1), he shall record the fact on the recipient qualification certificate and return it. <Amended by Presidential Decree No. 15367, May 8, 1997>
(3) The criteria for recognition of job-seeking activities under paragraph (1) shall be determined by the Ordinance of the Ministry of Labor. <Newly Inserted by Presidential Decree No. 17090, Dec. 30, 2000>
Article 44-2 (Special Causes for Recognition of Unemployment)
The term “causes as determined by the Presidential Decree” listed in Article 34 (3) 2 of the Act means any of the following cases:
1. Where a natural disaster occurs;
2. Where the rate calculated by dividing the number of persons who have applied for recognition of recipient qualification for job-seeking benefit (hereinafter referred to as “rate of application for recipient qualification”) exceeds 1/100 for two straight months; and
3. Where a decision on the payment of special extended benefit referred to in Article 42-3 of the Act is made.
[This Article Newly Inserted by Presidential Decree No. 15829, Jul. 1, 1998]
Article 45 (Special Cases in Recognition of Unemployment)
In reference to Article 34 (3) 3 of the Act, the “qualified recipient determined by the Presidential Decree” shall be the person who fits one of the following categories: <Amended by Presidential Decree No. 15829, Jul. 1, 1998; Presidential Decree No. 16705, Feb. 9, 2000; Presidential Decree No. 17090, Dec. 30, 2000>
1. The person who can not be present at the vocational stabilization agency on the unemployment recognition date due to employment or interview with the job offerer or other unavoidable reasons and who applied for the change of the unemployment recognition date at the responsible local 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 or interview with the job offerer or other unavoidable reasons, and who applies for the change of the unemployment recognition date at the responsible local 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);
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 cancelled 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 has applied special cases in recognition of unemployment; and
7. The person who is the aged not less than 60 years 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 may present himself at the responsible local vocational stabilization agency on the unemployment recognition date and present the application form for unemployment recognition annexing the recipient qualification certificate and a certificate stating the reasons for not having presented himself previously. <Amended by Presidential Decree No. 15367, May 8, 1997>
(2) The necessary particulars to be stated in the certificate, details related to the issuer, etc., as referred to in paragraph (1), shall be determined by the Ordinance of the Ministry of Labor.
(3) In the case that the qualified recipient desires to receive recognition of unemployment, as stipulated by Article 34 (4) 3 of the Act, he shall present, directly or through an agent, the application form for unemployment recognition, together with his recipient qualification certificate and other certificates issued by job-training or other institutions, to the head of the local 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 (Calculation of Basic Daily Wage for Benefit)
Pursuant to the proviso of Article 35 (1) of the Act, in the case that the period for calculation of average wages in the last business related to the recipient qualification is less than 2 months, the basic daily wage for benefit shall be calculated by adding together the average wage received in that business and the average wage received in the business where the recipient was employed immediately prior to that business, and multiplying the total by one half.
[This Article Newly Inserted by Presidential Decree No. 15367, May 8, 1997]
Article 48 (Ceiling on Amount of Basic Daily Wage for Benefit) (1) In accordance with Article 35 (5) of the Act, in the case that the basic daily wage, which is the basis for the calculation of the job-seeking benefit, exceeds 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 (Offer of Labor and Report of Income, etc.) (1) The qualified recipient, in case where he has offered labor or earned income from labor which is subject to report under Article 37 (1) of the Act, shall record the fact of labor offering or the amount of that income on the application form for unemployment recognition which is to be presented on the first unemployment recognition date after the offer of labor or a receipt of the income. <Amended by Presidential Decree No. 16705, Feb. 9, 2000>
(2) The criteria for judgments on whether an offer of labor under paragraph (1) corresponds to an employment, or on whether the income from labor is the income subject to reduction of job-seeking benefits under Article 38 of the Act, shall be determined by the Ordinance of the Ministry of Labor. <Newly Inserted by Presidential Decree No. 17090, Dec. 30, 2000>
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 was not able to find employment for thirty days or longer continuously, 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. <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>
(2) The head of the vocational stabilization agency, in case the report provided by paragraph (1) is deemed to apply to the causes for extension of the payment period, shall deliver the payment period extension notice to the person who reported, record the necessary details on the recipient qualification certificate and return it. <Amended by Presidential Decree No. 15367, May 8, 1997>
(3) The person who receives the payment period extension notice referred to in paragraph (2), in case the reasons for the extension of the payment period have ended, or among the stated contents there are changes in matters which are determined by the Ordinance of the Ministry of Labor, shall report this fact to the head of the 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>
(4) The head of the vocational stabilization agency shall, when he receives the report mentioned in paragraph (3), record the related matters on the payment period extension notice and the recipient qualification certificate and return them. <Amended by Presidential Decree No. 15367, May 8, 1997>
Article 52 (Payment of Extended Training Benefits) (1) The 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 “qualified recipients who are hard to live and find jobs as determined by the Presidential Decree” listed in Article 42-2 (1) of the Act shall be qualified recipients meeting all the requirements: <Amended by Presidential Decree No. 16095, Feb. 1, 1999; Presidential Decree No. 16464, Jul. 1, 1999; Presidential Decree No. 16705, Feb. 9, 2000>
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 and still remains unemployed with a dependent family member falling under any of the following items:
(a) The person who is aged between not more than 18 and not less than 65;
(b) The physically handicapped under the Promotion of Employment of Disabled Persons Act; and
(c) The patient who requires a medical treatment for not less than one month;
3. A person who needs vocational ability development training for reemployment in view of his vocational experience, wage level, or labor market circumstances, but has not received or is not receiving such vocational ability development training; 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” listed in Article 42-2 (2) of the Act means sixty days. <Amended by Presidential Decree No. 16095, Feb. 1, 1999>
(3) Where a qualified recipient desires to receive individual extension benefits, he shall submit a written application for the individual extension benefits, together with a recipient qualification certificate, to the head of the 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 receives the training extension benefits under Articles 42 through 42-3 of the Act) by the number of the insured as of end of the month concerned exceeds 3/100 of the three straight months, respectively;
2. Where the rate of application for recipient qualification exceeds 1/100 for three straight months; and
3. Where the employment rate every month exceeds 6/100 for three straight months.
[This Article Newly Inserted by Presidential Decree No. 15829, Jul. 1, 1998]
Article 53 (Payment Procedure for Job-seeking Benefit) (1) The qualified recipient, on the first unemployment recognition date when he presents himself at the local 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 allowance 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 (Notice of Payment Suspension of Job-seeking Benefits) (1) According to Article 46 of the Act, the head of the vocational stabilization agency shall, when he decides upon payment suspension of the job-seeking benefits, record this fact on the recipient qualification certificate and return it to the qualified recipient. In such case, he shall without delay notify of the reasons and period, etc. for payment suspension under the conditions as prescribed by the Ordinance of the Ministry of Labor. <Amended by Presidential Decree No. 15367, May 8, 1997; Presidential Decree No. 17301, Jul. 7, 2001>
(2) When the head of the vocational stabilization agency decides to suspend payment of job-seeking benefits, he shall not recognize unemployment during the period of payment suspension. <Amended by Presidential Decree No. 15367, May 8, 1997>
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:
1. Where one fails to report on the fact of offering labor or occurring of the incomes 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 job-seeking activities performed during the period subject to unemployment recognition.
[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 this shall be submitted within seven days after a natural disaster or other unavoidable causes. <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 (Payment Standards for Early Re-employment Allowance) (1) The term “case falling under the standards determined by the Presidential Decree” in Article 50 (1) of the Act means a case in which a qualified recipient is employed at a business which guarantees employment continuously for not less than six months after the waiting period has lapsed, as provided in Article 40 of the Act: Provided, That this shall not apply to a case where the qualified recipient is re-employed by a former business operator or an business operator related to the former business operator who is designated by the Ordinance of the Ministry of Labor, or to the business operator who makes an employment promise before the reported date of unemployment under Article 33 of the Act. <Amended by Presidential Decree No. 15367, May 8, 1997; Presidential Decree No. 16705, Feb. 9, 2000>
(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 Re-employment Allowance) (1) The amount of early re-employment allowance under Article 50 (3) of the Act shall be a daily amount of the job-seeking benefits of the qualified recipient multiplied 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>
(2) Notwithstanding the provision of paragraph (1), the amount of the early re-employment allowance in case where a qualified recipient falls under any requirement of 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>
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. He shall be re-employed by a job offerer who has failed to employ persons wanted even after the elapse of one month from the date on which his application for job offering under Article 5 of the Enforcement Decree of the Employment Security Act is accepted.
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