国内政策【切换】 国际政策

ENFORCEMENT DECREE OF THE EMPLOYMENT INSURANCE ACT Enforcement Date 21. Apr, 2015Article 70~Article75

Article 70 (Reasons for Postponement of Benefit Period)

“Any other reason prescribed by the Presidential Decree” in Article 48 (2) of the Act refers to any of the following reasons:   <Amended by Presidential Decree No. 22269, Jul. 12, 201 and; Presidential Decree No. 23139, Sep. 15, 2011>

1.Illness or injury of the recipient (excluding illness or injury for which injury and disease benefits are paid pursuant to Article 63 of the Act);

2.Illness or injury of the recipient's spouse (limited to cases where full-time care by the recipient is needed);

3.Illness or injury of a lineal ascendant or descendant of the recipient or his/her spouse;

4.Change of residence for living together due to overseas assignment of the recipient's spouse, etc.;

5. Mandatory military service under the Military Service Act;

6.Detention or execution of sentence on criminal charges (excluding those not eligible to receive benefits pursuant to subparagraph 1 A of Article 58; and

7.Reasons equivalent to those referred to in subparagraphs 1 through 6 and prescribed by the Ordinance of the Ministry of Employment and Labor

 <Title of This Article Amended by Presidential Decree No. 23513, Jan. 13, 2012>

Article 71 (Application for Postponement of Benefit Period) (1)A person who intends to report the fact that he/she is unable to find employment pursuant to Article 48 (2) of the Act shall, directly or through an agent, submit an application for postponement of benefit period along with his/her eligibility certificate (limited to cases where he/she is issued with an eligibility certificate) to the competent Employment Security Office of his/her application place during the benefit period; Provided that in the case of a natural disaster, mandatory military service under the Military Service Act, or other unavoidable reasons, they shall be submitted within 30 days from the date on which the reason ceases to exist.  <Amended by Presidential Decree No. 23139, Sep. 15, 2011 and Presidential Decree No. 23513, Jan. 13, 2012>

(2) Notwithstanding paragraph (1), if a person receives medical-care benefits pursuant to Article 40 of the Industrial Accident Compensation Insurance Act, he/she shall be deemed to have made a report pursuant to Article 48 (2) of the Act on the first day of the medical care.  <Amended by Presidential Decree No. 20875, Jun. 25, 2008>

(3) The head of an Employment Security Office shall, if the report under paragraph (1) is deemed to have a cause for the postponement of the benefit period, give a benefit period postponement notice to the reporting person, record necessary details in the eligibility certificate and return it to the person.  <Amended by Presidential Decree No. 23513, Jan. 13, 2012>

(4)A person who receives a benefit period postponement notice pursuant to paragraph (3) shall, if the cause for the postponement of the benefit period ceases to exist, or changes are made to matters prescribed by the Ordinance of the Ministry of Employment and Labor in the application for postponement of benefit period, report this to the head of the competent Employment Security Office of his/her application place without delay, and submit his/her benefit period postponement notice and eligibility certificate to him/her.  <Amended by Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 23139, Sep. 15, 2011; and Presidential Decree No. 23513, Jan. 13, 2012>

(5) The head of an Employment Security Office shall, if he/she receives a report pursuant to paragraph (4), record the related matters in the benefit period postponement notice and eligibility certificate and return them to the reporting person.  <Amended by Presidential Decree No. 23513, Jan. 13, 2012>

 <Title of This Article Amended by Presidential Decree No. 23513, Jan. 13, 2012>

Article 72 (Payment of Extended Benefits for Training)

“Period prescribed by the Presidential Decree” in the latter part of Article 51 (2) of the Act shall be two years.

Article 73 (Payment, etc. of Individual Extended Benefits) (1) “Person prescribed by the Presidential Decree” in Article 52 (1) of the Act refers to an eligible recipient who meets all of the following requirements:   <Amended by Presidential Decree No. 22026, Feb. 8, 2010 and Presidential Decree No. 22269, Jul. 12, 2010>

1.A person who fails to find a job even after applying at least three times for jobs placed by the head of an Employment Security Office (including cases of participating in-depth counseling or group counseling held by the head of an Employment Security Office) from the unemployment report date under Article 42 (1) of the Act until the expiry of the job-seeking benefits period and has dependent family members falling under any of the following items:

AA person aged under 18 or person aged 65 or older;

B. The disabled under the Act on Employment Promotion and Vocational Rehabilitation for the Disabled; and

CA patient requiring one month or more of medical care;

D. A spouse without income;

E. A person engaged in studies determined and announced by the Minister of Employment and Labor.

2.Deleted.  <Presidential Decree No. 22026, Feb. 8, 2010>

3.A person for whom the sum of his/her basic daily wage for calculating benefits and the value of properties of the person and his/her spouse is less than the level announced by the Minister of Employment and Labor.

(2) The payment days of individual extended benefits under Article 52 (2) of the Act shall be up to 60 days, and the payment period may be set to less than 60 days with consideration of the extent of repeatedly receiving unemployment benefits for a certain period pursuant to the standards determined by the Minister of Employment and Labor.  <Amended by Presidential Decree No. 22603, Dec. 31, 2010>

(3) If an eligible recipient intends to receive individual extended benefits under Article 52 of the Act, he/she shall submit an application for individual extended benefits, along with his/her eligibility certificate, to the head of the competent Employment Security Office of his/her application place no later than the expiry date of the job-seeking benefits.  <Amended by Presidential Decree No. 23139, Sep. 15, 2011>

(4)Necessary matters concerning the payment of individual extended benefits provided for 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>

Article 74 (Payment of Special Extended Benefits)

“Causes prescribed by the Presidential Decree” in Article 53 (1) of the Act refers to cases falling under any of the following subparagraphs: Provided, That in the case of subparagraphs 1 through 3, they shall be limited to cases where such situation is expected to continue:  <Amended by Presidential Decree No. 21348, Mar. 12, 2009>

1.Where the ratio of the monthly number of those who receive job-seeking benefits (excluding those who receive extended benefits for training, individual extended benefits or special extended benefits pursuant to Articles 51 through 53 of the Act) to the number of insured persons as of the end of the month concerned exceeds 3/100 for three consecutive months;

2.Where the monthly eligibility application rate exceeds 3/100 for three consecutive months;

3.Where the monthly unemployment rate exceeds 6/100 for three consecutive months; and

4.Where the Employment Policy Council decides that it is needed to pay the special extended benefits referred to in Article 53 of the Act due to the rapid deterioration of the employment situation, such as a sharp increase in unemployment, etc.

Article 75 (Procedures for Payment of Job-Seeking Benefits) (1) An eligible recipient shall, on the first unemployment recognition date when he/she appears at the competent Employment Security Office of his/her application place, designate and report a financial institution and an account (referring to an unemployment benefit account in cases where he/she intends to receive job-seeking benefits through an unemployment benefit account pursuant to the main sentence of Article 37-2 (1) of the Act; hereinafter the same shall apply in this Article) through which he/she wants to receive job-seeking benefits. The same shall apply in the case of changing a financial institution and an account.  <Amended by Presidential Decree No. 23139, Sep. 15, 2011 and Presidential Decree No. 26208, Apr. 20, 2015>

(2) Job-seeking benefits shall be paid by sending them to an account in the financial institution designated by the eligible recipient.