国内政策【切换】 国际政策

ENFORCEMENT DECREE OF THE EMPLOYMENT INSURANCE ACT Enforcement Date 01. Jan, 2016Article 64~Article68

Article 64 (Exceptional Grounds for Recognition of Unemployment)

"Grounds prescribed by Presidential Decree" in Article 44 (2) 2 of the Act means any of the following:

1. Where a natural disaster occurs;

2. Where the rate calculated by dividing the number of applicants for recognition of eligibility for job-seeking benefits during a month by the number of insured workers as of the end of the month (hereinafter referred to as "eligibility application rate") exceeds 1 /100 for two consecutive months;

3.Where a decision has been made to pay special extended benefits provided in Article 53 of the Act.

Article 65 (Special Exception to Recognition of Unemployment Status)

"Other eligible recipients prescribed by Presidential Decree" in Article 44 (2) 3 of the Act means 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; Presidential Decree No. 25022, Dec. 24, 2013>

1.A person who appears at the competent employment security office which falls under the jurisdiction in his/her place of application by no later than the day immediately before the unemployment recognition date to file an application to change the unemployment recognition date because he/she is unable to appear at the center on the unemployment recognition date due to employment, an interview with a potential employer, or any other unavoidable cause;

2.A person who was unable to appear at the competent employment security office which falls under the jurisdiction in his/her place of application by no later than the unemployment recognition date or the day immediately before the date due to employment, an interview with a potential employer, or any other unavoidable cause, but appears at the center within 14 days from the date such ground ceases to exist to file an application to change the unemployment recognition date;

3.A person who was unable to appear at the competent employment security office by no later than the unemployment recognition date or the day immediately before the date because he/she had been employed continuously for a period of at least seven days, but files an application for recognition of unemployment via mail, facsimile, the information communication network, etc. within two months from the date he/she had been employed, along with a document that proves the date of employment: Provided, That when the acquisition of his/her insured status is reported under Article 15 of the Act as at the date of filing the application for unemployment recognition, a document that proves the date of employment may be omitted;

4.A person who was unable to appear at the competent employment security office on the unemployment recognition date due to mistake, but appears within 14 days from the unemployment recognition date to file an application to change the unemployment recognition date (which shall be allowed only once during the duration of unemployment benefits for the relevant eligible recipient prescribed in Article 48 of the Act);

5.A person in whose case the head of the competent employment security office deems that it is appropriate to change the unemployment recognition date for any of the following reasons:

(a) Where the duration of unemployment benefits prescribed in Article 48 of the Act ends;

(b) Where the date falls on a holiday of public agencies prescribed in the Rules on Holidays of Public Agencies;

(c) Where any other extenuating circumstances exist;

6.A person in whose case the disposition concerning unemployment benefits is canceled or altered by an examination, review, or lawsuit prescribed in Article 87 (1) of the Act or at the discretion of the head of the competent employment security office;

7.A person whose employment within 30 days from the unemployment recognition date has been finally confirmed;

8.A person who resides in islands (excluding the main island of Jeju Metropolitan Autonomous Province and islands that are connected to land by breakwaters or bridges, etc.) and files an application for special exception to the recognition of unemployment;

9.A person who is deemed eligible by the head of an employment security office to file a report to ascertain whether or not he/she conducts re-employment activities and earns any income therefrom directly via the Web.

Article 66 (Recognition of Unemployment with Certificates) (1) If an eligible recipient intends to have his/her unemployment status recognized pursuant to Article 44 (3) 1, 2, or 4 of the Act, he/she shall appear at the competent employment security office in his/her place of application within 14 days after the relevant ground ceases to exist and shall file an application for the recognition of unemployment, along with the certificate of eligibility and a certificate stating the reason he/she was unable to appear .  <Amended by Presidential Decree No. 23139, Sep. 15, 2011>

(2) Necessary matters concerning information to be entered into the certificate prescribed in paragraph (1) and the issuers of such certificate shall be prescribed by Ordinance of the Ministry of Employment and Labor.  <Amended by Presidential Decree No. 22269, Jul. 12, 2010>

(3) If an eligible recipient intends to have his/her unemployment status recognized pursuant to Article 44 (3) 3 of the Act, he/she shall file an application for the recognition of unemployment with the head of a competent employment security office, along with the certificate of eligibility and a certificate issued by an institution conducting vocational training in person or through his/her agent.

Article 67 (Measures for Promoting Employment of Eligible Recipient)

"Steps to facilitate reemployment of eligible recipients, such as assistance in reemployment planning and job placement, as prescribed by Presidential Decree" referred to in the former part of Article 44 (4) of the Act means the following measures necessary for promoting employment of eligible recipients:

1. Assistance in reemployment planning;

2. Guidance and education on the insurance, including unemployment benefits;

3. In-depth counselling and guidance on matters that shall be prepared in advance for reemployment, including occupational aptitude tests and furnishing occupational information;

4. Guidance on how to engage in re-employment activities, including tips for searching and utilizing job information, such as job offers and training, how to write a resume and have an interview;

5. Providing information on jobs, offering jobs, having interviews in company, and providing opportunities to participate in employment-related events;

6. Measures necessary for promoting re-employment, including counselling on whether any training is required, providing information on proper training courses, and giving instructions on training.

Article 68 (Limit on Daily Basic Wage used as Basis for Calculation of Benefits) (1) The daily wage which constitutes the basis for the calculation of job-seeking benefits, as prescribed in Article 45 (5) of the Act shall be 86,000 won , if it exceeds 86,000 won.  <Amended by Presidential Decree No. 25955, Dec. 31, 2014>

(2) The Minister of Employment and Labor shall consider changing the relevant amount, if he/she finds it necessary to adjust the amount in light of the inflation rate, business fluctuations, and the rate of wage inflation after the amount determined under paragraph ( 1) is applied.  <Amended by Presidential Decree No. 22269, Jul. 12, 2010>