国内政策【切换】 国际政策

ENFORCEMENT DECREE OF THE EMPLOYMENT INSURANCE ACT Enforcement Date 21. Apr, 2015Article 55~Article60

Article 55 (Support for Local Governments, etc.) (1)“Not-for-profit corporation or organization prescribed by the Presidential Decree” in Article 34 of the Act refers to a not-for-profit corporation established by the law or established after obtaining approval or permission from the State or a local government or a not-for-profit organization registered under the Assistance for Non-profit Non-governmental Organizations Act.

(2) The Minister of Employment and Labor may, if a local government or the not-for-profit corporation or organization under paragraph (1) carries out a project for the employment security, employment promotion and vocational skills development of insured persons, etc ., support all or part of the costs within the limits of the budget pursuant to Article 34 of the Act.  <Amended by Presidential Decree No. 22269, Jul. 12, 2010>

(3) The Minister of Employment and Labor shall, if he/she intends to support the costs pursuant to paragraph (2), shall announce the types and details of projects eligible for the support, the requirements for, details and level of, and application method of, the support, etc., in advance.  <Amended by Presidential Decree No. 22269, Jul. 12, 2010>

Article 56 (Restrictions on Payment of Subsidies, etc., for Fraudulent Acts) (1) If an employer has received or intends to receive any of the subsidies under Articles 17, 19, 22, 24 through 26, 28, 29, 33, 35 through 37, 37-2, 38 and 55 in a false or other fraudulent ways, the Minister of Employment and Labor shall not provide the amount of subsidy remaining unpaid or the subsidy the employer intends to receive and shall order a return of the subsidy already received in a false or other fraudulent ways, pursuant to Article 35 (1) of the Act.  <Amended by Presidential Decree No. 22603, Dec. 31, 2010; Presidential Decree No. 23139, Sep. 15, 2011; Presidential Decree No. 25022, Dec. 24, 2013; and Presidential Decree No. 25955, Dec. 31, 2014>

(2) If an employer has received or intends to receive any of the subsidies under paragraph (1) in a false or other fraudulent ways, the Minister of Employment and Labor shall restrict the payment of any of the subsidies under paragraph (1) that is newly provided, for a period specified in the attached Table 2 but not exceeding one year from the date of ordering a return or restricting the payment under paragraph (1), pursuant to Article 35 (1) of the Act: Provided, That the payment restriction period may be reduced by up to one third in consideration of the extent, motive and results etc. of the fraudulent way.  <Amended by Presidential Decree No. 22026, Feb. 8, 2010; Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 22603, Dec. 31, 2010; and Presidential Decree No. 24155, Oct. 29, 2012>

(3)A person who has received a return order (including the additional collection under Article 35 (2) of the Act; hereinafter the same shall apply) under paragraph (1) shall pay the notified amount within 30 days from the date on which he/she has received the notification. In such case, the notified amount shall, in principle, be paid in a lump sum, but if the amount exceeds 10 million won, it may be paid in installments, as determined by the Minister of Employment and Labor.  <Amended by Presidential Decree No. 22026, Feb. 8, 2010; Presidential Decree No. 22269, Jul. 12, 2010; and Presidential Decree No. 22603, Dec. 31, 2010>

(4) If a person who has received a return order pursuant to paragraphs (1) and (3) or Article 56 of the Workers Vocational Skills Development Act (restricted to return orders for the amount subsidized or loaned from the Employment Insurance Fund) fails to return payment by the set deadline, subsidies under this Act or vocational skills development training expenses under the Workers Vocational Skills Development Act shall not be provided from the date the set deadline expires until the date the obligation is fulfilled.  <Amended by Presidential Decree No. 22026, Feb. 8, 2010; Presidential Decree No. 22356, Aug. 25, 2010; and Presidential Decree No. 22603, Dec. 31, 2010>

Article 57 (Performing Duties by Proxy) (1)“Person prescribed by the Presidential Decree” in Article 36 of the Act refers to the following persons:   <Amended by Presidential Decree No. 22356, Aug. 25, 2010>

1. Human Resources Development Service of Korea under the Act on the Human Resources Development Service of Korea;

2. Polytechnic colleges under the Workers Vocational Skills Development Act; and

3.Vocational skills development organizations under Article 23 of the Workers Vocational Skills Development Act

(2) The Minister of Employment and Labor shall, if performing duties by proxy pursuant to Article 36, financially support the expenses needed to perform duties from the Employment Insurance Fund.  <Amended by Presidential Decree No. 22269, Jul. 12, 2010>

Chapter Ⅳ Unemployment Benefits

Article 58 (Determination and Notification of Unemployment Benefits)

If the head of an Employment Security Office has decided whether to pay unemployment benefits, he/she shall inform the applicant of the decision: Provided, That if the head of an Employment Security Office has decided to pay unemployment benefits, he/she may record the fact in the applicant's certificate of eligibility for employment insurance benefits pursuant to Article 62 and deliver it to the applicant instead of giving the notification.

Article 58-2 (Unemployment Benefit Account) (1) "Unavoidable reason prescribed by the Presidential Decree" in the proviso to Article 37-2 (1) of the Act refers to any reason satisfying all of the following conditions:

1.The eligible recipient shall fall under subparagraph 8 of Article 65 and live in an area where he/she cannot use a financial institution;

2.It shall be impossible to pay unemployment benefits to the eligible recipient through a financial institution within 14 days of the date of application for unemployment benefits due to the reason referred to in paragraph (1).

(2) When the head of an Employment Security Office is unable to transfer unemployment benefits to a designated account under the name of an eligible recipient under the main sentence of Article 37-2 (1) of the Act (hereinafter referred to as "unemployment benefit account") due to problems in information and communications networks or the reason referred to in paragraph (1), he/she may pay the relevant amount of unemployment benefits in cash directly to the eligible recipient pursuant to the proviso to Article 37-2 (1) of the Act.

(3) The head of an Employment Security Office shall inform a person who has applied for recognition of eligibility pursuant to Article 61 that the applicant can receive the unemployment benefits concerned via an unemployment benefit account if he/she wants to.

 <This Article Newly Inserted by Presidential Decree No. 26208, Apr. 20, 2015>

Article 58-3 (Amount of Unemployment Benefits Prohibited from Seizure)

"Amount prescribed by the Presidential Decree" in Article 38 (2) of the Act refers to 1.5 million won.

 <This Article Newly Inserted by Presidential Decree No. 26208, Apr. 20, 2015>

Article 59 (Drawing Up Original Register of Benefits) (1) The head of an Employment Security Office shall, if he/she pays unemployment benefits, draw up an original register of benefits for each recipient of unemployment benefits.

(2) At the request of a person who is related to the insurance, the head of an Employment Security Office shall make the original register of benefits available to the person and issue the person with a certificate if it is deemed necessary.

Article 60 (Reasons for Extension of Base Period)

“Any other reason prescribed by the Presidential Decree” in Article 40 (2) refers to any of the following reasons: Provided, That this shall not apply in cases where money or valuables determined by the Minister of Employment and Labor are given pursuant to the proviso of subparagraph 5 of Article 2 of the Act.  <Amended by Presidential Decree No. 22269, Jul. 12, 2010>

1. Temporary shutdown of business;

2.Leave due to pregnancy, childbirth, and child care; and

3.Leave or other similar reasons determined and announced by the Minister of Employment and Labor.