国内政策【切换】 国际政策

ENFORCEMENT DECREE OF THE EMPLOYMENT INSURANCE ACT Enforcement Date 21. Apr, 2015Article 61~Article64

Article 61(Job-Seeking Application and Application for Recognition of Eligibility for Benefits) (1)A person who intends to report his/her unemployment pursuant to Article 42 of the Act shall make a job-seeking application as referred to in Article 9 of the Employment Security Act through the electronic network.  <Amended by Presidential Decree No. 23139, Sep. 15, 2011>

(2)A person who has made a job-seeking application pursuant to paragraph (1) shall submit an application for recognition of eligibility for benefits to the head of the Employment Security Office who has jurisdiction over his/her domicile: Provided, That in cases falling under any of the following subparagraphs, he/she may submit it to the head of the relevant Employment Security Office:   <Newly Inserted by Presidential Decree No. 23139, Sep. 15, 2011 and Amended by Presidential Decree No. 23513, Jan. 13, 2012>

1.Where a person intends to submit it to the head of the Employment Security Office who has jurisdiction over the area where he/she wants to be employed;

2.Where a person intends to submit it to the head of the Employment Security Office who has jurisdiction over the workplace before transferring to another job; and

3.Where a person intends to submit it to the head of the competent Employment Security Office in a neighboring area whose transportation is recognized more convenient than the competent Employment Security Office of his/her domicile.

(3) If a person who intends to report his/her unemployment pursuant to paragraph (1) is issued with a confirmation of separation by the employer pursuant to Article 16 (2) of the Act, he/she shall submit it to the head of the competent Employment Security Office of his/her location: Provided, That this shall not apply in cases where it is difficult to issue a confirmation of separation due to obscurity of the whereabouts of the employer who has employed the separated person or other inevitable reasons .  <Amended by Presidential Decree No. 23139, Sep. 15, 2011>

(4) The head of an Employment Security Office who receives an application for recognition of eligibility for benefits pursuant to paragraph (2) (hereinafter referred to as “head of the competent Employment Security Office of the application place”) shall designate a date on which the reporting person shall appear at the Employment Security Office to obtain recognition of his/her unemployment (hereinafter referred to as “unemployment recognition date”) pursuant to Article 44 (2) of the Act, and shall notify the reporting person of it.  <Amended by Presidential Decree No. 23139, Sep. 15, 2011>

Article 62 (Recognition of Eligibility for Benefits) (1) If the head of an Employment Security Office receives an application for recognition of eligibility for benefits pursuant to Article 61, he/she shall give a certificate of eligibility for employment insurance benefits (hereinafter referred to as to as “eligibility certificate”) to the applicant on the date when the unemployment is first recognized, if the applicant is recognized as being eligible to receive job-seeking benefits under Article 43 (1) of the Act.

(2) If a person who has submitted an application for recognition of eligibility for benefits is not recognized as being eligible to receive job-seeking benefits under Article 43 (1) of the Act, the head of the Employment Security Office shall inform the applicant concerned of this.

(3) If an eligibility certificate issued pursuant to paragraph (1) is worn out or lost, the eligible recipient shall apply for the re-issuance to the head of the competent Employment Security Office of his/her application place. <Amended by Presidential Decree No. 23139, Sep. 15, 2011>

(4) If an eligible recipient changes or corrects his/her name, resident registration numbers, address or dwelling place, he/she shall report this fact to the head of the competent Employment Security Office of his/her application place. In such cases, the head of the Employment Security Office shall modify the related details in the eligibility certificate and return it.  <Amended by Presidential Decree No. 23139, Sep. 15, 2011>

(5)A person issued with an eligibility certificate pursuant to paragraph (1) may request the head of the Employment Security Office who has recognized his/her eligibility for benefits to issue a document containing particulars that are the basis for recognition of eligibility for benefits .

Article 63 (Recognition of Unemployment) (1) If an eligible recipient intends to have his/her unemployment recognized pursuant to Article 44 (2) of the Act, he/she shall appear at the competent Employment Security Office of his/her application place on the unemployment recognition date, fill out an application for recognition of unemployment with the details of his/her reemployment activities carried out from the day following his/her previous unemployment recognition date to the unemployment recognition date concerned, and submit it together with his/ her eligibility certificate.  <Amended by Presidential Decree No. 23139, Sep. 15, 2011>

(2) If the head of an Employment Security Office recognizes unemployment as provided in paragraph (1), he/she shall record this in the eligibility certificate and return it.

(3) The standards for recognition of reemployment activities under paragraph (1) shall be prescribed by the Ordinance of the Ministry of Employment and Labor.  <Amended by Presidential Decree No. 22269, Jul. 12, 2010>

Article 64 (Special Reasons for Recognition of Unemployment)

"Any reason prescribed by the Presidential Decree" in Article 44 (2) 2 of the Act refers to any of the following reasons:

1.Where a natural disaster occurs;

2.Where the ratio of the monthly number of those who apply for recognition of eligibility for job-seeking benefits to the number of insured persons at the end of each month (hereinafter referred to as “eligibility application rate”) exceeds 1/100 for two consecutive months; and

3.Where a decision to pay special extended benefits pursuant to Article 53 of the Act is made.