国内政策【切换】 国际政策

ENFORCEMENT DECREE OF THE EMPLOYMENT INSURANCE ACT Enforcement Date 21. Apr, 2015Article 65~Article69

Article 65 (Special Cases of Recognition of Unemployment)

“Other eligible recipients prescribed by the Presidential Decree” in Article 44 (2) 3 of the Act refers to any of the following persons:   <Amended by Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 22603, Dec. 31, 2010; Presidential Decree No. 23139, Sep. 15, 2011; Presidential Decree No. 24333, Jan. 25, 2013; and Presidential Decree No. 25022, Dec. 24, 2013>

1.A person who is unable to appear at the Employment Security Office on the unemployment recognition date due to employment, an interview with a job offerer or other unavoidable reasons and has applied for a change of the unemployment recognition date to the competent Employment Security Office of his/her application place at least one day prior to the unemployment recognition date;

2.A person who was unable to appear on the unemployment recognition date or until the day before the unemployment recognition date due to employment, an interview with a job offerer or other unavoidable reasons, and has applied for a change of the unemployment recognition date to the competent Employment Security Office of his/her application place within 14 days after the reason ceases to exist;

3.A person who was unable to appear at the Employment Security Office on the unemployment recognition date or until the day before it due to seven days or more of employment, but makes an application, along with a document proving his/her number of days employed, for the recognition of his/her unemployment within two months of the employment date via mail, fax or information communication network: Provided, That if the person's acquisition of insured status is already reported pursuant to Article 15 of the Act when he/she makes an application for recognition of unemployment, he/she may not attach a document proving his/her number of days employed;

4.A person who was unable to appear at the Employment Security Office on the unemployment recognition date due to his/her mistake but appears at the Employment Security Office within 14 days of the unemployment recognition date to make an application for a change of the unemployment recognition date (For the eligible recipient, this is permitted only once during the benefit period under Article 48 of the Act);

5.A person for whom the head of an Employment Security Office deems it appropriate to change the unemployment recognition date for reasons falling under any of the following items:

A. Where the benefit period under Article 48 of the Act expires;

B. Where the unemployment recognition date falls on a holiday for government agencies under the Regulations on Holidays for Government Agencies; or

C.Where there are other inevitable reasons.

6.A person for whom a decision on unemployment benefits has been canceled or changed as a result of an examination, re-examination or litigation under Article 87 (1) of the Act or by virtue of the authority of the head of the Employment Security Office;

7.A person who is certain to be employed within 30 days from the unemployment recognition date; and

8.A person who lives on an island (excluding the main island of Jeju Special Self-Governing Province and islands connected by a seawall or a bridge, etc., to the mainland) and applies for special cases of recognition of his/her unemployment .

9.A person whom the head of an Employment Security Office deems able to directly carry out reemployment activities and report accrued income on the Internet.

Article 66 (Recognition of Unemployment by Certificate) (1) If an eligible recipient intends to obtain recognition of unemployment pursuant to subparagraphs 1, 2 and 4 of Article 44 (3), he/she shall appear at the competent Employment Security Office of his /her application place on the unemployment recognition date and submit an application for recognition of unemployment, along with his/her eligibility certificate and a certificate stating the reasons for not having appeared previously, within 14 days after the reason ceases to exist.  <Amended by Presidential Decree No. 23139, Sep. 15, 2011>

(2) Necessary matters concerning the details and issuer to be stated in the certificate referred to in paragraph (1) shall be prescribed by the Ordinance of the Ministry of Employment and Labor.  <Amended by Presidential Decree No. 22269, Jul. 12, 2010>

(3) If an eligible recipient intends to obtain recognition of unemployment pursuant to Article 44 (3) 3 of the Act, he/she shall submit, directly or through an agent, an application for recognition of unemployment, together with his/her eligibility certificate and other certificates issued by job-training or other institutions, to the head of the competent Employment Security Office.

Article 67 (Measures to Promote Employment of Eligible Recipients)

“Measures prescribed by the Presidential Decree, such as support for setting up plans for reemployment activities, job placement, etc.,” in the former part of Article 44 (4) of the Act refers to the following measures necessary to promote the employment of eligible recipients:

1.Measures to provide support in setting up a plan for reemployment activities;

2.Measures to provide information and education about the insurance, including unemployment benefits;

3.Measures to provide in-depth counseling or guidance about things to be prepared in advance for reemployment, such as providing job aptitude tests and job information, etc.;

4.Measures to instruct ways of reemployment activities, including techniques of searching for and using employment information, such as job openings, training, etc., and resume writing and interview techniques;

5.Measures to provide job information and job placement services, accompany an applicant to an interview, and provide opportunities to participate in employment-related events; and

6.Measures necessary to promote reemployment, such as providing counseling over the need for training, providing information on suitable training courses and instructing training, etc.

Article 68 (Maximum Amount of Daily Wage as Basis for Computation of Benefits) (1) If pursuant to Article 45 (5) of the Act, the daily wage which is the basis for the calculation of job-seeking benefits exceeds 86,000 won, the relevant daily wage shall be 86,000 won.  <Amended by Presidential Decree No. 25955, Dec. 31, 2014>

(2) The Minister of Employment and Labor shall, if it is deemed necessary to make an adjustment given price increase rates, economic fluctuations, wage increase rates, etc., after the amount under paragraph (1) is applied, consider changing the amount concerned   <Amended by Presidential Decree No. 22269, Jul. 12, 2010>

Article 69 (Provision of Services, etc.) (1) If an eligible recipient has actually offered services pursuant to Article 47 (1) of the Act, he/she shall state this in an application for recognition of unemployment that is submitted on the first unemployment recognition date since the date on which he/she offered the services concerned.

(2) The criteria for judging whether the provision of services referred to in paragraph (1) is considered a state of employment shall be prescribed by the Ordinance of the Ministry of Employment and Labor.  <Amended by Presidential Decree No. 22269, Jul. 12, 2010>