国内政策【切换】 国际政策

ENFORCEMENT DECREE OF THE EMPLOYMENT INSURANCE ACT Enforcement Date 01. Jan, 2016Article 58-2~Article63

Article 58-2 (Unemployment Benefit Receipt Accounts) (1) “Other unavoidable cause prescribed by Presidential Decree” in the proviso to Article 37-2 (1) of the Act means satisfying all of the following requirements:

1.That an eligible recipient is a person who falls under subparagraph 8 of Article 65 and resides in an area having no available financial institutions;

2.That it is impracticable to pay unemployment benefits to the eligible recipient through a financial institution for the reason prescribed in subparagraph 1 within 14 days after the date of filing an application for unemployment benefits.

(2) If it is impracticable to transfer unemployment benefits to a designated account opened in the name of the eligible recipient under the main sentence of Article 37-2 (1) of the Act (hereinafter referred to as “unemployment benefit receipt account”) due to any failure in the information and communication system or for the reason prescribed in paragraph (1) under the proviso to Article 37-2 (1) of the Act, the head of the employment security office may pay the amount of the unemployment benefits in cash directly to the eligible recipient.

(3) The head of an employment security office shall give notice to an applicant who applied for recognition of eligibility for benefits, as prescribed in Article 61 of the fact that he/she can receive the relevant unemployment benefits through the unemployment benefit receipt account at his/her own choice.

[This Article Newly Inserted by Presidential Decree No. 26208, Apr. 20, 2015]

Article 58-3 (Amount of Unemployment Benefits Unseizable)

“Amount prescribed by Presidential Decree” in Article 38 (2) of the Act refers to 1,500,000 won.

[This Article Newly Inserted by Presidential Decree No. 26208, Apr. 20, 2015]

Article 59 (Preparation of Benefit Ledger) (1) The head of an employment security office shall, when paying unemployment benefits, prepare a benefit ledger for each recipient to whom unemployment benefits are paid.

(2) The head of an employment security office shall, upon receipt of a request from a person who has any relation with the insurance, allow him/her to inspect the benefit ledger, and shall issue a certificate thereof, if deemed necessary.

Article 60 (Grounds for Extension of Standard Period)

"Other grounds prescribed by Presidential Decree" referred to in Article 40 (2) of the Act means the following: Provided, That the acceptance of money and valuables prescribed by the Minister of Employment and Labor pursuant to the proviso to subparagraph 5 of Article 2 of the Act shall be excluded herefrom:   <Amended by Presidential Decree No. 22269, Jul. 12, 2010>

1. Temporary closure of a business;

2. Leave related to pregnancy, childbirth, or child care;

3.Other grounds determined and publicly notified by the Minister of Employment and Labor as leave or any other similar situation.

Article 61 (Application for Job and Application for Recognition of Eligibility for Benefits) (1) A person who intends to file a report on his/her unemployment status pursuant to Article 42 of the Act shall file an application for a job prescribed in Article 9 of the Employment Security Act via the electronic network.  <Amended by Presidential Decree No. 23139, Sep. 15, 2011>

(2) A person who filed an application for a job pursuant to paragraph (1) shall file an application for recognition of eligibility for benefits with the head of an employment security office having jurisdiction over his/her place of residence, and he/she may do so with the head of a relevant employment security office in any of the following cases:   <Newly Inserted by Presidential Decree No. 23139, Sep. 15, 2011; Presidential Decree No. 23513, Jan. 13, 2012>

1.Where he/she intends to do so with the head of an employment security office having jurisdiction over the area in which the applicant wishes to find a job;

2. Where he/she intends to do so with the head of an employment security office having jurisdiction over the place of business in which the applicant worked before severance of his/her employment;

3.Where he/she intends to do so with the head of an employment security office having jurisdiction over the area nearby in which transportation is deemed more convenient than that of an employment security office having jurisdiction over his/her place of residence.

(3) If there is a certificate of severance issued by the business owner under Article 16 (2) of the Act, a person who intends to file a report on his/her unemployment status pursuant to paragraph (1) shall submit the certificate to the head of a competent employment security office of his/her domicile: Provided, That the foregoing shall not apply where it is impracticable for the certificate of severance to be issued because the whereabout of the business owner who the person whose employment was severed is not clearly known or any unavoidable cause exists to the contrary.  <Amended by Presidential Decree No. 23139, Sep. 15, 2011>

(4) The head of the employment security office (hereinafter referred to as an "employment security office having jurisdiction over the place of application") shall, upon receipt of an application for recognition of eligibility for benefits pursuant to paragraph (2), designate the date the person is required to appear in the employment security office to obtain recognition of his/her unemployment status pursuant to Article 44 (2) of the Act (hereinafter referred to as "unemployment recognition date") and shall give notice of such date to the reporting person.  <Amended by Presidential Decree No. 23139, Sep. 15, 2011>

Article 62 (Recognition of Eligibility for Benefits) (1) Where an applicant who has filed an application for recognition of eligibility for benefits is recognized as being eligible for the job-seeking benefits, as prescribed in Article 43 (1) of the Act, the head of an employment security office shall, upon receipt of the application for recognition of eligibility for benefits pursuant to Article 61, issue a certificate of eligibility for benefits of the employment insurance (hereinafter referred to as "certificate of eligibility") at the initial date of recognition of unemployment.

(2) If a person who has filed an application for recognition of eligibility for benefits is not recognized as eligible for job-seeking benefits prescribed in Article 43 (1) of the Act, the head of an employment security office shall give notice of such fact to the applicant.

(3) An eligible recipient shall, if the certificate of eligibility issued to him/her pursuant to paragraph (1) is worn out or lost, file an application for re-issuance thereof with the head of the competent employment security office in his/ her place of application.  <Amended by Presidential Decree No. 23139, Sep. 15, 2011>

(4) An eligible recipient shall, when his/her name, resident registration number, address, or abode changes or is corrected, report such change to the head of the competent employment security office in his/her place of application. In such cases, the head of the competent employment security office shall modify the relevant information contained in the certificate of eligibility and return it.  <Amended by Presidential Decree No. 23139, Sep. 15, 2011>

(5) A person who holds a certificate of eligibility issued pursuant to paragraph (1) may request the head of the employment security office that recognized the eligibility for benefits to issue the statement of recognition of eligibility for benefits, which constituted the basis for recognition of eligibility for benefits.

Article 63 (Recognition of Unemployment Status) (1) If an eligible recipient desires to have his/her unemployment status recognized pursuant to Article 44 (2) of the Act, he/she shall make an appearance before the competent employment security office in his /her place of application on the date of unemployment recognition to fill out an application form for recognition of unemployment with the details of his/her re-employment activities from the day immediately following the previous date of unemployment recognition until the relevant unemployment recognition date and submit it, along with the certificate of eligibility.  <Amended by Presidential Decree No. 23139, Sep. 15, 2011>

(2) The head of an employment security office shall, if he/she recognizes unemployment pursuant to paragraph (1), shall return the certificate of eligibility stating such fact.

(3) Standards for the recognition of re-employment activities referred to in paragraph (1) shall be prescribed by Ordinance of the Ministry of Employment and Labor.  <Amended by Presidential Decree No. 22269, Jul. 12, 2010>