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 reemployment activities, and submit it together with his recipient qualification certificate. <Amended by Presidential Decree No. 15367, May 8, 1997; Presidential Decree No. 18165, Dec. 18, 2003>
(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 reemployment 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; Presidential Decree No. 18165, Dec. 18, 2003>
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 monthly number of persons who have applied for recognition of recipient qualification for jobseeking benefit by the number of the insured at the end of every month (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 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>
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);
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 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 and 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 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 Employ ment 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 PREMIUM
Article 68-11 (Application of Labor Expense Ratio in Workplace Subject to Block Application)
In applying the labor expense rate determined and notified by the Minister of Labor pursuant to Article 56 (4) of the Act, the labor expense ratio of the business which is subject to the block application pursuant to Article 10-2 of the Act shall be the labor expense ratio of the year concerned for the kind of business with the largest annual amount of actual construction work during the previous year. <Amended by Presidential Decree No. 15829, Jul. 1, 1998>
[This Article Newly Inserted by Presidential Decree No. 15367, May 8, 1997]
Article 69 (Premium Rate) (1) The premium rate under Article 57 (1) of the Act shall be as follows: <Amended by Presidential Decree No. 15829, Jul. 1, 1998; Presidential Decree No. 16464, Jul. 1, 1999; Presidential Decree No. 17853, Dec. 30, 2002>
1. The premium rate for employment stabilization activities shall be 15/10000;
2. The premium rate for vocational ability development activities shall be as follows:
(a) 1/1000 in the case of the business in which the business operator ordinarily employs fewer than 150 persons;
(b) 3/1000 in the case of the business in which the business operator ordinarily employs not fewer than 150 persons and which fits the scope of preferentially-supported enterprise;
(c) 5/1000 in the case of the business in which the business operator ordinarily employs not fewer than 150 but fewer than 1000 persons and which does not fall under item (b); and
(d) 7/1000 in the case of the business which is run directly by the State or a local government and the business in which the business operator ordinarily employs not fewer than 1,000 persons; and
3. The premium rate for unemployment benefits shall be 9/1000.
(2) In applying paragraph (1) 2, the number of workers ordinarily employed by the business operator shall be the total number of ordinarily employed workers in all of the businesses which are carried out by the business operator (excluding overseas businesses): in case of the business that supervises collective housing under the Housing Act, the number of workers who are employed ordinarily shall be calculated by the business type. <Amended by Presidential Decree No. 14935, Mar. 9, 1996; Presidential Decree No. 18146, Nov. 26, 2003>
(3) In applying paragraph (1) 2 and paragraph (2), the number of ordinarily employed workers shall be the total number of the workers as of the last day of every month of the previous year divided by the working months of the previous year: in the case of the business operator whose insurance relationship is established by beginning the business during the insurance year, the number of the present workers on the day of establishment of the insurance relationship shall be the number of workers who are ordinarily employed. <Newly Inserted by Presidential Decree No. 14935, Mar. 9, 1996>
(4) If the confirmation of the number of workers who are ordinarily employed in the construction business is impossible, notwithstanding paragraph (3), the number calculated by the following formula shall be the number of workers who are employed ordinarily by the business operator: in the case that the insurance relationship was established by beginning the business during the previous year, the denominator shall be replaced by the monthly average wage in construction business of the previous year multiplied by the number of months from the beginning of business to December, and in the case that the insurance relationship was established by beginning the business during the insurance year, the number of present employed workers as of the insurance establishment date shall be considered as the workers who are ordinarily employed. <Newly Inserted by Presidential Decree No. 14935, Mar. 9, 1996>
actual amount of construction work of previous year× labor expense ratio of previous year
monthly average wage of previous year in construction business × 12
(5) The definitions of the terms used in paragraph (4) shall be as follows: <Newly Inserted by Presidential Decree No. 14935, Mar. 9, 1996; Presidential Decree No. 15367, May 8, 1997>
1. “Actual amount of construction work” shall be the actual amount of construction work which is the legally subcontracted part as provided in the Construction Business Act or other related Acts and subordinate statutes, subtracted from the total actual amount of construction work;
2. “Labor expense ratio”, pursuant to Article 56 (4) of the Act, means the labor expense ratio for the kind of business with the largest annual amount of actual construction work during the previous year from among the announced labor expense ratio; and
3. “Monthly average wage in construction business” shall be the average wage calculated and notified by the Minister of Labor on the basis of the wage in construction business contained in the Monthly Labor Statistical Research Report prepared by the Minister of Labor under Article 2 of the Statistics Act.
(6) In applying paragraph (1) 2, the premium rate for vocational ability development activities to be applied to the contractor shall be applied to subcontractors who become business operators under the proviso of Article 9 (5) of the Act: Provided, That where an individual business which is subject to the block application pursuant to Article 10-2 of the Act obtains recognition pursuant to the proviso of Article 9 (5) of the Act, the premium rate for vocational ability development activities of the business operator who is the subcontractor concerned, will be applied. <Newly Inserted by Presidential Decree No. 14935, Mar. 9, 1996; Presidential Decree No. 15367, May 8, 1997>
(7) Notwithstanding paragraphs (1) 2 and (2), in case the business is transferred or the business operators are merged during the insurance year, the premium rate for vocational ability development activities applicable before the transference or merger shall be applied to the transferred or merged business, restricted to the insurance year. <Newly Inserted by Presidential Decree No. 14935, Mar. 9, 1996>
Article 70 (Collection of Premium through Withholding)
When the business operator desires to collect the premium through withholding under Article 59 (1) of the Act, he shall deduct the amount equivalent to the premium to be paid by the insured workers from their paid wage, on the basis of the total sum of the wage to be paid plus the wage which is paid irregularly after the regular wage payday, whenever the business operator makes the regular wage payment to the insured workers.
[This Article Wholly Amended by Presidential Decree No. 14935, Mar. 9, 1996]
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