国内政策【切换】 国际政策

ENFORCEMENT DECREE OF THE EMPLOYMENT INSURANCE ACT Enforcement Date 21. Apr, 2015Article 76~Article82

Article 76 (Claim for Unpaid Job-Seeking Benefits) (1)A person who intends to claim payment of unpaid job-seeking benefits under Article 57 (1) of the Act (hereinafter referred to as “unpaid benefit claimant”) shall submit a claim for the unpaid unemployment benefits to the head of the competent Employment Security Office of the application place of the deceased eligible recipient.  <Amended by Presidential Decree No. 23139, Sep. 15, 2011>

(2) If an unpaid benefit claimant intends to obtain recognition of unemployment of the deceased eligible recipient pursuant to Article 57 (2) of the Act, he/she shall appear at the competent Employment Security Office of the application place of the deceased eligible recipient and submit a written claim for the unpaid unemployment benefits and obtain recognition of unemployment of the eligible recipient.  <Amended by Presidential Decree No. 23139, Sep. 15, 2011>

(3) When an unpaid benefit claimant submits a written claim for unpaid unemployment benefits, he/she shall submit the report or documents which would have to be submitted if the deceased eligible recipient was to receive job-seeking benefit.

Article 77 (Mutatis Mutandis Application)

Article 75 shall apply mutatis mutandis to the procedures for payment of job-seeking benefits to the unpaid benefit claimant. In such cases, the term “competent Employment Security Office of the application place” shall be read as “the competent Employment Security Office of the application place of the deceased eligible recipient”, and the term “eligible recipient” shall read “unpaid benefit claimant .”  <Amended by Presidential Decree No. 23139, Sep. 15, 2011>

Article 78 (Scope, etc., of Large Amount of Money and Valuables) (1)“Money and valuables exceeding the amount prescribed by the Presidential Decree” in Article 59 (1) of the Act refers to money and valuables (excluding wages) of 100 million won or more received at the time of separation from jobs, by whatever name they are called, whether of retirement pay, retirement consolation allowances, etc.

(2)“Person certain to receive the payment under the Presidential Decree” in Article 59 (1) of the Act refers to a person who was separated from an organization or a business falling under any of the following subparagraphs: Provided, That this shall not apply in cases where the organization or business concerned is faced with the situations prescribed by the Ordinance of the Ministry of Employment and Labor, such as a declaration of bankruptcy, etc. under the Debtor Rehabilitation and Bankruptcy Act, curing a period from one year prior to the eligible recipient's separation to the date of his/her unemployment report after the separation:   <Amended by Presidential Decree No. 21152, Dec. 3, 2008 and Presidential Decree No. 22269, Jul. 12, 2010>

1.A public institution under Article 4 of the Act on the Management of Public Institutions;

2.A local government-invested corporation and local government-owned corporation under Articles 49 and 76 of the Local Public Enterprise Act;

3.Deleted.  <Presidential Decree No. 21152, Dec. 3, 2008>

4.A business which has never delayed wage payment over the one year prior to the date of separation.

Article 79(Procedures for Suspending Payment of Job-Seeking Benefits) (1) The head of an Employment Security Office shall notify a person who falls under any of the following subparagraphs in advance that the payment of his/her job-seeking benefits may be suspended, as prescribed by the Ordinance of the Ministry of Employment and Labor:   <Amended by Presidential Decree No. 22269, Jul. 12, 2010>

1.An eligible recipient who refuses to take a job placed by the head of an Employment Security Office pursuant to Article 60 (1) of the Act;

2.An eligible recipient who refuses to receive vocational skills development training dictated by the head of an Employment Security Office pursuant to Article 60 (1); and

3.An eligible recipient who refuses to receive vocational guidance provided by the head of an Employment Security Office to promote his/her reemployment pursuant to Article 60 (2).

(2)Notwithstanding the notification given under paragraph (1), if the eligible recipient has refused twice or more to take a job, vocational skills development training, etc., provided under Article 60 (1) and (2) of the Act, the payment of his/her job-seeking benefits shall be suspended.

(3) The head of an Employment Security Office shall, if suspending the payment of job-seeking benefits pursuant to paragraph (2), notify the eligible recipient of the reason for and period of the suspension no later than the day before the next unemployment recognition date and his/her unemployment shall not be recognized during the period of suspension.

Article 80 (Fraudulent Acts Mitigating Restrictions on Payment of Job-Seeking Benefits)

“Reasons prescribed by the Presidential Decree” in Article 61 (2) of the Act refers to any of the following reasons which the eligible recipient has:

1.Where the person fails to report the fact that he/she has worked during a period for which he/she intends to receive unemployment recognition (hereinafter referred to as “period for unemployment recognition” in this Article) or makes a false report, when applying for unemployment recognition; and

2.Where the person makes a false report on his/her reemployment activities conducted during a period for unemployment recognition, when applying for unemployment recognition.

Article 81 (Return, etc., of Job-Seeking Benefits) (1) Pursuant to Articles 61 or 62 of the Act, when the head of an Employment Security Office has decided to restrict payment of job-seeking benefits, order a return of already paid job-seeking benefits or to collect an amount equivalent to the job-seeking benefits, he/she shall notify the eligible recipient(including an employer under Article 62 (2) of the Act) of this without delay.

(2)A person who is ordered to return his/her job-seeking benefits or pay an amount equivalent to the job-seeking benefits pursuant to paragraph (1) shall pay them within 30 days from the date on which the notification is received: Provided, That if the amount to be paid exceeds the amount determined by the Minister of Employment and Labor, the Minister of Employment and Labor may allow the installment payment at the request of the person himself/herself.  <Amended by Presidential Decree No. 22269, Jul. 12, 2010>

(3) The procedure for and period of the installment payment pursuant to paragraph (2) shall be determined by the Minister of Employment and Labor.  <Amended by Presidential Decree No. 22269, Jul. 12, 2010>

Article 82 (Request for and Exceptions to Payment of Injury and Disease Benefits)(1) If an eligible recipient intends to request the payment of injury and disease benefits under Article 63 (1) of the Act, he/she shall, directly or through an agent, submit a written application for injury and disease benefits, together with his/her eligibility certificate and a certificate of disease, injury or childbirth to the head of the competent Employment Security Office of his/her application place within 14 days of the date on which the reason for not to be able to work ceases to exist ( within 30 days after the end of the benefit period, if the benefit period under Article 48 of the Act expires during the period he/she is unable to work): Provided, That in the case of a natural disaster or other inevitable reasons, they shall be submitted within seven days from the date on which the reason ceases to exist.  <Amended by Presidential Decree No. 23139, Sep. 15, 2011>

(2)“Compensations or benefits prescribed by the Presidential Decree” in Article 63 (4) of the Act refers to the following compensations or benefits:

1.Compensations for temporary shutdown under Article 3 (2) 2 of the National Compensation Act; and

2.Compensations under Article 8 of the Act on the Honorable Treatment of and Support for Persons Killed or Wounded for Righteous Causes.