国内政策【切换】 国际政策

ENFORCEMENT DECREE OF THE EMPLOYMENT INSURANCE ACT Enforcement Date 01. Jan, 2016Article 76~Article84

Article 76 (Claim for Un-Paid Job-Seeking Benefits) (1) A person who intends to claim the payment of the job-seeking benefits not paid under Article 57 (1) of the Act (hereinafter referred to as "claimant for benefits payable") shall file a written claim for unemployment benefits payable with the head of the competent employment security office having jurisdiction over the place of application of the deceased eligible recipient.  <Amended by Presidential Decree No. 23139, Sep. 15, 2011>

(2) A claimant for unemployment benefits payable who intends to have the unemployment status of the deceased eligible recipient recognized under Article 57 (2) of the Act shall make an appearance at the competent employment security office having jurisdiction over the place of application of the deceased eligible recipient to file a written claim for unemployment benefits payable and to have the unemployment status of the eligible recipient recognized.  <Amended by Presidential Decree No. 23139, Sep. 15, 2011>

(3) A claimant for benefits payable shall, when he/she files a written claim for unemployment benefits payable, submit reports or documents that the deceased eligible recipient should have submitted if the deceased eligible recipient intended to receive job-seeking benefits.

Article 77 (Application Mutatis Mutandis)

With respect to the procedure for the payment of job-seeking benefits to a claimant for benefits payable, Article 75 shall apply mutatis mutandis. In such cases, "competent employment security office having jurisdiction over the place of application" shall be construed as "competent employment security office having jurisdiction over the place of application of the deceased eligible recipient;" and "eligible recipient" as "claimant for benefits payable."  <Amended by Presidential Decree No. 23139, Sep. 15, 2011>

Article 78 Deleted.  <by Presidential Decree No. 26368, Jun. 30, 2015>

Article 79 (Procedure for Suspension of Payment of Job-Seeking Benefits) (1) The head of an employment security office shall give prior notice to any of the following persons that the payment of job-seeking benefits may be suspended, as prescribed by Ordinance of the Ministry of Employment and Labor:   <Amended by Presidential Decree No. 22269, Jul. 12, 2010>

1.An eligible recipient who refuses to accept a job offered 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 etc., instructed by the head of an employment security office pursuant to Article 60 (1) of the Act;

3.An eligible recipient who refuses to comply with the steps taken by the head of an employment security office to facilitate re-employment pursuant to Article 60 (2) of the Act.

(2) Notwithstanding the notice given pursuant to paragraph (1), the head of any employment security office shall suspend the payment of job-seeking benefits where an eligible recipient rejects a job offered or vocational skills development training required pursuant to Article 60 (1 ) or (2) of the Act on two or more occasions.

(3) The head of an employment security office shall, when he/she suspends the payment of job-seeking benefits pursuant to paragraph (2), inform the eligible recipient of the grounds for and period of the suspension of payment by no later than the day immediately preceding the next unemployment recognition date, and the eligible recipient shall not be deemed unemployed during such period of suspension of payment.

Article 80 (Improper Acts for which Restriction on Payment of Job-Seeking Benefits is Relaxed)

"Grounds prescribed by Presidential Decree" in the main sentence of Article 61 (2) of the Act means either of the following cases under which an eligible recipient falls:

1.Where the eligible recipient omits to report a fact that he/she has provided his/her labor during a period for which he/she intends to have his/her unemployment status recognized (hereafter referred to as "period of eligibility for recognition of unemployment" in this Article) or makes any untrue statements in filing an application for recognition of unemployment;

2.Where the eligible recipient makes any untrue statements on his/her re-employment activities during the period eligible for recognition of unemployment in filing an application for recognition of unemployment.

Article 81 (Return of Job-Seeking Benefits) (1) When the head of an employment security office makes a decision to restrict the payment of job-seeking benefits, have job-seeking benefits returned, or collect an amount equivalent to the amount of job-seeking benefits pursuant to Article 61 or 62 of the Act, he/she shall inform the relevant eligible recipient (including the business owner under Article 62 (2) of the Act) of his/her decision without delay.

(2) A person against whom an order to return job-seeking benefits or pay an amount equivalent to the amount of job-seeking benefits is issued pursuant to paragraph (1) shall pay the amount within 30 days of his/her receipt of such notice: Provided, That if the amount that he/she shall pay is equivalent to or exceeds the amount prescribed by the Minister of Employment and Labor, and upon his/her request, he/she may be allowed to pay it in installments.  <Amended by Presidential Decree No. 22269, Jul. 12, 2010>

(3) The procedures and deadline for the payment in installments prescribed in the proviso to paragraph (2) shall be prescribed by the Minister of Employment and Labor.  <Amended by Presidential Decree No. 22269, Jul. 12, 2010>

Article 82 (Claims for Payment of Sickness Benefits and Exceptions to Payment)(1) An eligible recipient that intends to claim sickness benefits, as prescribed in Article 63 (1) of the Act, shall file a written claim for the sickness benefits with the head of the competent employment security office in his/her place of application in person or through his/her agent within 14 days from the day the cause or event that prevents him/her from obtaining a job ceases to exist (or 30 days from the end of the benefit period, where the benefit period prescribed in Article 48 of the Act ends during the period in which he/she is unable to obtain a job), along with the certificate of eligibility and a certificate of his/her illness, injury, or childbirth: Provided, That if a natural disaster occurs or if any other unavoidable circumstances exist,the application shall be filed within seven days from the date such cause or event ceases to exist.  <Amended by Presidential Decree No. 23139, Sep. 15, 2011>

(2) "Compensation or benefits prescribed by Presidential Decree" referred to in Article 63 (4) of the Act means the following compensation and benefits:

1. Compensation for non-duty prescribed in Article 3 (2) 2 of the State Compensation Act;

2. Compensation prescribed in Article 8 of the Act on Honorable Treatment and Support of Persons Wounded or Killed for a Just Cause.

Article 83 (Application Mutatis Mutandis)

Articles 69 and 75 through 81 shall apply mutatis mutandis to sickness benefits. In such cases, "application for recognition of unemployment" in Article 69 shall be construed as "written claim for sickness benefits;" and "job-seeking benefits" in Articles 75 through 81 as "sickness benefits".

Article 84 (Standards for Payment of Early Re-Employment Allowances) (1) "Standards prescribed by Presidential Decree" in Article 64 (1) of the Act means any of the following circumstances under which an eligible recipient falls, where the eligible recipient is reemployed before 1/2 of the days of benefits payable prescribed in Article 50 of the Act passes as at the day preceding the date of reemployment after the waiting period prescribed in Article 49 of the Act has elapsed:   <Amended by Presidential Decree No. 22026, Feb. 8, 2010; Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 25022, Dec. 24, 2013>

1.Where an eligible recipient has been employed for at least twelve consecutive months: Provided, That this shall exclude cases where the eligible recipient is reemployed by a business owner prescribed by Ordinance of the Ministry of Employment and Labor, who is the owner of business in which the eligible recipient left his/her position most recently or is related to such business owner, or where the eligible recipient is employed by a business owner who promised employment prior to the date of filing a report on unemployment prescribed in Article 42 of the Act;

2.Where an eligible recipient has engaged in his/her own business for at least twelve consecutive months. In such cases, the foregoing shall apply only where the eligible recipient is recognized as unemployed by filing a report on his/her activities made in preparation for engaging in such business during the duration of benefits as re-employment activities, as prescribed in Article 44 (2) of the Act.

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