国内政策【切换】 国际政策

ENFORCEMENT DECREE OF THE EMPLOYMENT INSURANCE ACT Enforcement Date 21. Apr, 2015Article 83~Article91

Article 83 (Mutatis Mutandis Application)

The provisions of Articles 69 and 75 through 81 shall apply mutatis mutandis to injury and disease benefits. In such cases, the term “application for unemployment recognition” in Article 69 shall be read as “application for injury and disease benefits” and “job-seeking benefits” in Articles 75 through 81 shall be read as “injury and disease benefits”.

Article 84 (Standards for Paying Early Reemployment Allowances) (1) “Standards prescribed by the Presidential Decree” in Article 64 (1) of the Act refers to cases where an eligible recipient is reemployed with more than one half of the prescribed number of benefit days under Article 50 of the Act left as of the day before the reemployment date after the waiting period under Article 49 of the Act, and falls under any of the following subparagraphs:   <Amended by Presidential Decree No. 22026, Feb. 8, 2010; Presidential Decree No. 22269, Jul. 12, 2010; and Presidential Decree No. 25022, Dec. 24, 2013>

1.Where the eligible recipient continues to be employed for six months or more: Provided, That cases where the eligible recipient is reemployed by an employer prescribed by the Ordinance of the Ministry of Employment and Labor, who is his/her last employer or is related to the last employer, or employed by an employer who promised to hire him/her before the date of report of unemployment under Article 42 of the Act shall be excluded; and

2.Where the eligible recipient continues to run his/her own business for 12 months or more. In such cases, this shall be limited to cases where the eligible recipient reports his/her preparatory activities for running the business concerned as his/her job-seeking activities during the benefit period pursuant to Article 44 (2) of the Act and is recognized as being unemployed.

(2)"Period prescribed by the Presidential Decree" in Article 64 (2) of the Act refers to two years.

Article 85 (Amount of Early Reemployment Allowances) (1) The amount of early reemployment allowances under Article 64 (3) of the Act shall be calculated by multiplying the daily amount of his/her job-seeking benefits by one half of the number of unpaid days.

(2) Deleted.  <Presidential Decree No. 25022, Dec. 24, 2013>

 <This Article Wholly Amended by Presidential Decree No. 22026, Feb. 8, 2010>

Article 86 (Request, etc. for Early Reemployment Allowances) (1) If an eligible recipient intends to receive early reemployment allowances pursuant to Article 64 of the Act, he/she shall submit a written application for early reemployment allowances, together with the documents prescribed by the Ordinance of the Ministry of Employment and Labor, to the head of the competent Employment Security Office of his/her application place.  <Amended by Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 23139, Sep. 15, 2011; and Presidential Decree No. 23513, Jan. 13, 2012>

(2)The written application for early reemployment allowances under paragraph (1) shall be submitted at least 12 months after the date on which he/she gets reemployed in a stable job or begins to run his/her own business for profit pursuant to Article 64 (1) of the Act.  <Amended by Presidential Decree No. 22026, Feb. 8, 2010 and Presidential Decree No. 25022, Dec. 24, 2013>

(3) Article 75 shall apply mutatis mutandis to the procedures for payment of early reemployment allowances.

Article 87 (Subsidy for Reemployment Promotion Activities) (1) The Minister of Employment and Labor may, if one of the staff of an Employment Security Office takes a measure prescribed in Article 67 so that the eligible recipient can be reemployed in a stable job with some benefit days left, assess his/her relevant performance and provide a subsidy for reemployment promotion activities within the limits of the budget pursuant to Article 64 (5).  <Amended by Presidential Decree No. 22269, Jul. 12, 2010>

(2) Necessary matters concerning the performance assessment for the payment of the subsidy for reemployment promotion activities under paragraph (1), selection of those to be paid the subsidy, payment method, amount of subsidy, etc., shall be determined by the Minister of Employment and Labor.  <Amended by Presidential Decree No. 22269, Jul. 12, 2010>

Article 88 (Vocational Skills Development Allowances) (1) The vocational skills development allowances referred to in Article 65 (3) of the Act shall be paid on the day when the eligible recipient receives job training, etc., designated by the head of an Employment Security Office, and which is designated for payment of job-seeking benefits.

(2) The amount of vocational skills development allowances under paragraph (1) shall be the amount determined and announced by the Minister of Employment and Labor in consideration of necessary expenses for job training, etc., such as transport and meal expenses, etc.  <Amended by Presidential Decree No. 22269, Jul. 12, 2010>

(3) Vocational skills development allowances shall be paid on the date on which the job-seeking benefits of the eligible recipients are paid. In such cases, Article 75 shall apply mutatis mutandis to the procedures for the payment of vocational skills development allowances.

(4) The procedures for application for vocational skills development allowances shall be determined by the Ordinance of the Ministry of Employment and Labor.  <Amended by Presidential Decree No. 22269, Jul. 12, 2010>

Article 89 (Wide-Area Job-Seeking Allowances) (1) The wide-area job-seeking allowances under Article 66 (1) of the Act shall be paid if the eligible recipient meets all of the following requirements:   <Amended by Presidential Decree No. 22269, Jul. 12, 2010>

1.The expenses required for job-seeking activities shall not be paid by the employer of a business which the eligible recipient visits for job-seeking activities, and even if paid, they shall be less than the amount of wide-area job-seeking allowances; and

2.The distance from the eligible recipient's residence to the place of the business visited for job-seeking activities shall be the same as or farther than the distance prescribed by the Ordinance of the Ministry of Employment and Labor. In such cases, the distance shall be measured by the usual route from the residence to the business place, and a waterway shall be considered double the actual distance.

(2) The procedures for application for wide-area job-seeking allowances shall be prescribed by the Ordinance of the Ministry of Employment and Labor. In such cases, Article 75 shall apply mutatis mutandis to the procedures for payment of wide-area job-seeking allowances.  <Amended by Presidential Decree No. 22269, Jul. 12, 2010>

Article 90 (Moving Allowances) (1) The moving allowances prescribed in Article 67 (1) of the Act shall be paid if the eligible recipient meets all of the following requirements:   <Amended by Presidential Decree No. 22269, Jul. 12, 2010 and Presidential Decree No. 23139, Sep. 15, 2011>

1.The eligible recipient shall be employed or come to receive vocational training, and the head of the competent Employment Security Office of his/her application place shall deem it necessary to change the residence in accordance with the standards determined by the Minister of Employment and Labor;

2.The costs of moving the residence shall not be paid by the employer who employs the eligible recipient, and even if paid, the amount shall be less than the moving allowances; and

3.The move shall be aimed at getting employment and the eligible recipient shall be employed on a fixed-term labor contract whose period is one year or more.

(2) The procedures for application for moving allowances shall be prescribed by the Ordinance of the Ministry of Employment and Labor. In such cases, Article 75 shall apply mutatis mutandis to the procedure for payment of moving allowances.  <Amended by Presidential Decree No. 22269, Jul. 12, 2010>

Article 91 (Fraudulent Acts Mitigating Restrictions on Payment of Employment Promotion Allowances)

"Reasons prescribed by the Presidential Decree" in Article 68 (2) of the Act refers to cases falling under any subparagraph of Article 80.