国内政策【切换】 国际政策

ENFORCEMENT DECREE OF THE EMPLOYMENT INSURANCE ACT Enforcement Date 01. Jan, 2016Article 85~Article94

Article 85 (Amount of Early Re-employment Allowance) (1) The amount of early re-employment allowances prescribed in Article 64 (3) of the Act shall be calculated by multiplying the amount of his/her daily job-seeking benefits by 1 /2 of the number of days when benefits remain outstanding.

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

[This Article Wholly Amended by Presidential Decree No. 22026, Feb. 8, 2010]

Article 86 (Claim for Early Re-employment Allowances) (1) An eligible recipient who intends to receive the early re-employment allowances prescribed in Article 64 of the Act shall file a written claim for early re-employment allowances with the head of the competent employment security office falls under the jurisdiction in his/her place of application, along with the documents specified by Ordinance of the Ministry of Employment and Labor.  <Amended by Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 23139, Sep. 15, 2011; Presidential Decree No. 23513, Jan. 13, 2012>

(2) The written claims for early re-employment allowances prescribed in paragraph (1) shall be filed twelve months after the date an eligible recipient finds a stable job or starts his/her own business for profit under Article 64 (1) of the Act.  <Amended by Presidential Decree No. 22026, Feb. 8, 2010; Presidential Decree No. 25022, Dec. 24, 2013>

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

Article 87 (Incentives for Activities for Promoting Re-employment) (1) Where an employee of an employment security office takes any of the measures referred to in Article 67 to provide a stable job to a recipient so that the recipient is re-employed before the end of the days of benefits payable, the Minister of Employment and Labor may grant the incentives for activities for promoting re-employment within the budget after evaluating such performance pursuant to Article 64 (5) of the Act.  <Amended by Presidential Decree No. 22269, Jul. 12, 2010>

(2) Necessary matters concerning the evaluation of performance for granting the incentives for activities for promoting re-employment prescribed in paragraph (1), the selection of persons eligible for the grant, and the method for paying and amount of the grant shall be prescribed by the Minister of Employment and Labor.  <Amended by Presidential Decree No. 22269, Jul. 12, 2010>

Article 88 (Allowances for Vocational Skills Development) (1) Vocational skill development allowances prescribed in Article 65 (3) of the Act shall be paid for the days for which an eligible recipient has received vocational training, etc., as instructed by the head of an employment security office and for which the eligible recipient shall be eligible for job-seeking benefits.

(2) The amount of vocational skill development allowances prescribed in paragraph (1) shall be determined and publicly notified by the Minister of Employment and Labor, considering expenses incurred in receiving vocational skills development, including travel expenses and meals.  <Amended by Presidential Decree No. 22269, Jul. 12, 2010>

(3) Vocational skill development allowances shall be paid on the day set for the payment of job-seeking benefits to the relevant eligible recipient. In such cases, Article 75 shall apply mutatis mutandis to the procedure for the payment of vocational skill development allowances.

(4) The procedure for claiming vocational skill development allowances shall be prescribed by Ordinance of the Ministry of Employment and Labor.  <Amended by Presidential Decree No. 22269, Jul. 12, 2010>

Article 89 (Long-Distance Job Search Allowances) (1) A long-distance job search allowances prescribed in Article 66 (1) of the Act shall be paid where an eligible recipient meets all the following requirements:   <Amended by Presidential Decree No. 22269, Jul. 12, 2010>

1.The business owner of the place of business to which the eligible recipient visits for job-seeking activities does not pay allowances incurred in connection with job-seeking activities or pays less than such long-distance job search allowances;

2.The distance from the eligible recipient's domicile to the place of business to which he/she visits for job-seeking activities is equivalent to or exceeds the distance specified by Ordinance of the Ministry of Employment and Labor. In such cases, the distance shall be calculated according to the ordinary distance from the domicile to the place of business, but the distance of a waterway shall be regarded twice as far as the actual distance.

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

Article 90 (Relocation Allowances) (1) Relocation allowances prescribed in Article 67 (1) of the Act shall be payable to an eligible recipient who meets all the following requirements:   <Amended by Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 23139, Sep. 15, 2011>

1.The eligible recipient obtains a job or attends an occupational training course and the head of a competent employment security office in his/her place of application confirms that it is necessary for the eligible recipient to relocate pursuant to the criteria prescribed by the Minister of Employment and Labor;

2. The business owner who employs the eligible recipient fails to pay relocation expenses or pays less than relocation allowances;

3.The term of the employment contract shall not be less than one year, if required to move for employment.

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

Article 91 (Improper Acts for which Restrictions on Payment of Allowances for Promotion of Employment is Relaxed)

"Grounds prescribed by Presidential Decree" in Article 68 (2) of the Act means cases referred to in any subparagraph of Article 80.

Article 92 (Application Mutatis Mutandis)

Article 76 (1) and (3) and 81 shall apply mutatis mutandis to the allowance for promotion of employment prescribed in Articles 64 through 67 of the Act. In such cases, "job-seeking benefits" shall be construed as "allowance for promotion of employment;" "eligible recipient" as "person eligible for the payment of allowance for promotion of employment;" and "amount of job-seeking benefits" as "amount of the allowance for promotion of employment".

Article 93 (Entrustment of Administrative Affairs)

The head of an employment security office may, at the request of an eligible recipient, entrust the head of another employment security office with the administrative affairs concerning the unemployment benefits payable to the eligible recipient, if deemed necessary.

Article 93-2 (Application Mutatis Mutandis)

The respective provisions of Articles 58, 59, 61 (excluding paragraph (3)), 62 through 67, 69 through 71, 75 through 77, 79 through 83, and 88 through 92 shall apply respectively and mutatis mutandis to the unemployment benefits for insured self-employed workers.

[This Article Newly Inserted by Presidential Decree No. 23513, Jan. 13, 2012]

Chapter V CHILD CARE LEAVE BENEFITS AND SIMILAR BENEFITS

Article 94 (Grounds for Extension of Period Allowed for Application for Child Care Leave Benefits)

"Grounds prescribed by Presidential Decree" in the proviso to Article 70 (2) of the Act means any of the following:   <Amended by Presidential Decree No. 23513, Jan. 13, 2012>

1. A natural disaster;

2. Illness or injury of the recipient or his/her spouse;

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

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

5.Detention on account of an alleged crime or execution of a sentence.