国内政策【切换】 国际政策

ENFORCEMENT DECREE OF THE EMPLOYMENT INSURANCE ACT Enforcement Date 01. Jan, 2016Article 69~Article75

Article 69 (Provision of Labor, etc.) (1) An eligible recipient shall, if he/she has provided labor pursuant to Article 47 (1) of the Act, enter the fact into an application for recognition of unemployment, when he/ she files an application on the initial unemployment recognition date after the day he/she provided labor.

(2) Criteria for determining whether the provision of labor under paragraph (1) amounts to employment shall be set forth by Ordinance of the Ministry of Employment and Labor.  <Amended by Presidential Decree No. 22269, Jul. 12, 2010>

Article 70 (Reasons for Extension of Benefit Period)

"Other reasons prescribed by Presidential Decree" in Article 48 (2) of the Act means the following:   <Amended by Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 23139, Sep. 15, 2011>

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

2. Illness or injury of the eligible recipient's spouse;

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

4. Change of an eligible recipient's dwelling for cohabitation purposes following his/her spouse's receipt of an order to work abroad;

5. Obligatory military service prescribed in the Military Service Act;

6.Detention on account of an alleged crime or execution of a sentence (excluding persons ineligible for benefits pursuant to subparagraph 1 (a) of Article 58 of the Act);

7.Grounds that correspond to the provisions of subparagraphs 1 through 6, as specified by Ordinance of the Ministry of Employment and Labor.

Article 71 (Reporting on Postponement of Benefit Period) (1) A person who intends to report the fact that he/she is unable to obtain a job pursuant to Article 48 (2) of the Act shall file an application for the postponement of the benefit period to the head of a competent employment security office in his/her place of application within the benefit period in person or through his/her agent, along with the certificate of eligibility (applicable only where he/she holds a certificate of eligibility) : Provided, That if a natural disaster occurs, he/she performs his/her military service as prescribed in the Military Service Act, or any other ground exists beyond his/her control, the report shall be submitted within 30 days from the day such ground ceases to exist.  <Amended by Presidential Decree No. 23139, Sep. 15, 2011; Presidential Decree No. 23513, Jan. 13, 2012>

(2) Notwithstanding paragraph (1), the report under Article 48 (2) of the Act shall be deemed to be filed on the date of the initial medical treatment where a person receives the medical care benefits pursuant to Article 40 of the Industrial Accident Compensation Insurance Act.  <Amended by Presidential Decree No. 20875, Jun. 25, 2008>

(3) If the head of an employment security office recognizes that the report submitted under paragraph (1) falls under any ground for the postponement of the benefit period, he/she shall deliver a notice of such postponement of the benefit period to the reporting person, describe the details as required in the certificate of eligibility, and return it to the person.  <Amended by Presidential Decree No. 23513, Jan. 13, 2012>

(4) If the ground for the postponement of the benefit period ceases to exist or there is any change in such contents as specified by Ordinance of the Ministry of Employment and Labor among the contents described in the application for the postponement of the benefit period, the person shall, upon receipt of a notice of the postponement of the benefit period as prescribed in paragraph (3), report such fact forthwith to the head of the competent employment security office in his/her place of application, and shall submit the notice of the postponement of the benefit period and the certificate of eligibility to him/her.  <Amended by Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 23139, Sep. 15, 2011; Presidential Decree No. 23513, Jan. 13, 2012>

(5) The head of the competent employment security office shall, upon receipt of a report under paragraph (4), describe the relevant facts in the notice of postponement of the benefit period and the certificate of eligibility and return it to the reporting person.  <Amended by Presidential Decree No. 23513, Jan. 13, 2012>

Article 72 (Payment of Training Extension Benefits)

"Period prescribed by Presidential Decree" referred to in the latter part of Article 51 (2) of the Act means two years.

Article 73 (Payment, etc. of Individually Extended Benefits) (1) "Person prescribed by Presidential Decree" in Article 52 (1) of the Act means an eligible recipient who meets each of the following requirements:   <Amended by Presidential Decree No. 22026, Feb. 8, 2010; Presidential Decree No. 22269, Jul. 12, 2010>

1.A person who has applied for jobs referred by the head of the competent employment security office (including cases where a person participates in an in-depth consultation or group consultation conducted by the head of the employment security office) on three or more occasions from the date he/she reported his/her unemployment status under Article 42 (1) of the Act until the payment of job-seeking benefits ends, but fails to obtain a job, and who has family members falling under any of the following to support:

(a) Person aged less than 18 years or more than 65 years old;

(b) Disabled person prescribed in the Employment Promotion and Vocational Rehabilitation of Disabled Persons Act;

(c) Patient who is required to receive medical treatment for one month or longer;

(d) Spouse who has no income;

(e) A person currently pursuing his/her studies, who is determined and publicly announced by the Minister of Employment and Labor;

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

3.A person whose daily basic wage used as a basis for computation of benefits and aggregate assets owned by him/her and his/her spouse do not meet the standards determined and publicly notified by the Minister of Employment and Labor, respectively.

(2) The maximum number of days of payment of individually extended benefits shall be 60 days as specified in Article 52 (2) of the Act, and the period of such payment may be less than 60 days according to the standards determined by the Minister of Employment and Labor, considering repeated receipt of unemployment benefits within a given period of time.  <Amended by Presidential Decree No. 22603, Dec. 31, 2010>

(3) An eligible recipient who intends to receive individually extended benefits under Article 52 of the Act shall file an application for individually extended benefits with the head of the competent employment security office in his/her place of application by no later than the end of the days eligible for job-seeking benefits, along with his/her certificate of eligibility.  <Amended by Presidential Decree No. 23139, Sep. 15, 2011>

(4) Matters necessary for the payment of individually extended benefits 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>

Article 74 (Payment of Specially Extended Benefits)

"Circumstances prescribed by Presidential Decree" in the main sentence of Article 53 (1) of the Act means any of the following circumstances: Provided, That in the case of subparagraphs 1 through 3, the foregoing shall not apply where such trend is expected to continue:   <Amended by Presidential Decree No. 21348, Mar. 12, 2009>

1.Where the rate calculated by dividing the number of persons who received job-seeking benefits each month (excluding the number of persons who received the training extension benefits, the individually extended benefits, or the specially extended benefits under Article 51 through 53 of the Act) by the number of insured workers as of the end of the month exceeds 3/100 for three consecutive months;

2. The rate of applications filed for benefits each month exceeds 1/100 for three consecutive months;

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

4.Where the Deliberative Council on Employment Policy passes a resolution approving payment of specially extended benefits prescribed in Article 53 of the Act due to a rapid deterioration in the employment situation following a rapid rise, etc. in unemployment.

Article 75 (Procedure for Payment of Job-Seeking Benefits) (1) Each eligible recipient shall designate a financial institution and account (referring to an unemployment benefit receipt account if he/she intends to receive job-seeking benefits through his/her unemployment benefit receipt account under the main sentence of Article 37-2 (1) of the Act; hereafter the same shall apply in this Article) through which he/she intends to receive job-seeking benefits and shall report them to the competent employment security office in his/her place of application on the date of initial unemployment recognition he/she makes an appearance at the office. The foregoing shall also apply to any intended modifications of the reported financial institution or account.  <Amended by Presidential Decree No. 23139, Sep. 15, 2011; Presidential Decree No. 26208, Apr. 20, 2015>

(2) Job-seeking benefits shall be paid by depositing them into the account of the eligible recipient's designated financial institution.