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Unemployment Benefits
Recognition of unemployment status
What is a recognitionof unemployment status- “Recognitionof unemployment" means confirmation by the head of an employment centerthat an unemployed person who qualifies as an eligible recipient is activelyseeking employment. (Article 2(4) of the Employment Insurance Act)
- Job-seekingbenefits shall be paid for days of unemployment with respect to which aneligible recipient has obtained recognition from the head of an employmentcenter. (Article 44(1) of the Employment Insurance Act)
Application for recognition of unemployment Report on re-employment activities- To apply forrecognition of unemployment, eligible recipients shall appear at an employmentcenter on the date the head of such office designates between the first andfourth week from the date of reporting of unemployment and report that theyhave been actively seeking reemployment. (Body part of Article 44(2) of theEmployment Insurance Act)
Submittal of application for recognition ofunemployment- If an eligiblerecipient desires to have his/her status of unemployment recognized, he/sheshall make an appearance before the competent employment center of his/herplace of application on the date of unemployment recognition to fill out anapplication form for recognition of unemployment with the details of his/herre-employment activities from the day immediately following the previous dateof unemployment recognition until the relevant unemployment recognition dateand submit it, along with the certificate of eligibility. (Article 63(1) of theEnforcement Decree of the Employment Insurance Act, Article 84(1) and AnnexForm 82 of the Enforcement Rules of the Employment Insurance Act)
Request for inclusion of additional nationalpension subscription period- A person whointends to ask the head of a competent employment center for inclusion of theperiod of receiving job-seeking benefits in the national pension subscriptionperiod under Article 12-2(1) of the Enforcement Rules of the National PensionAct shall also submit an application for recognition of eligibility forbenefits (for inclusion of national pension subscription period). (Article107-2(1) and (2), Annex Form 82 of the Enforcement Rules of the EmploymentInsurance Act)
Reporting of employment, etc. during period subject torecognition of unemployment Reporting of employment,etc.- Eligiblerecipients shall report to an employment center about their paid workactivities or establishment of business, if any, during the period with respectto which they are applying for recognition of unemployment. An eligiblerecipient shall, if he/she has provided labor, enter the fact into anapplication for recognition of unemployment, when he/she files an applicationon the initial unemployment recognition date after the day of his/heremployment, if one of the following is the case. (Article 47(1) of theEmployment Insurance Act, Article 69(1) of the Enforcement Decree of theEmployment Insurance Act, Article 92 of the Enforcement Rules of the EmploymentInsurance Act)
· A person whosecontractual monthly working hours are not less than 60 hours (including aperson whose contractual weekly working hours are not less than 15 hours):
· A person whoprovides his/her services continuously for three months or longer
· Adaily worker who provides labor or workstemporarily as an artist or a laborer
· A person who receivescompensation for work not less than daily amount of job-seeking benefits(Article 46 of the Employment Insurance Act)
· If a person provideslabor after signing a cultural art service contract that specifies providingthe worker with more than KRW 500,000 in average monthly wages
· If a person provides labor after signing a labor provision contract thatspecifies providing the worker with more than KRW 800,000 in monthlyremuneration fees
· A personengaging in commerce or agriculture as a family business (including engaging infamily business without pay) or taking part in another person’s business,making it difficult to find a job as a full-time employee
· A personhaving his/her business registered under the 「Income Tax Act」, 「Value Added Tax Act」 or 「Corporate Tax Act」 (except for those verifying that they have not reallyengaged in business as by reporting temporary business closure and thoseengaging in real estate lease business without hiring any employee and anyoffice)
· A personrecognized as being employed according to social norms
Recognition of unemployment Recognition of unemployment- The head ofthe employment center shall recognize unemployment for each day between the dayafter the most recent unemployment recognition and the date of unemploymentrecognition. (Body part of Article 44(2) of the Employment Insurance Act)
Criteria for recognition of reemploymentactivities- Any one of thefollowing is deemed to be positive job-seeking activities: (Article 63(3) ofthe Enforcement Decree of the Employment Insurance Act, Body part of Article87(1) of the Enforcement Rules of the Employment Insurance Act, Article 10(2),(3), and (4) of the Unemployment Recognition and Reemployment SupportRegulations
1. Paying a visit to a recruiting company; responding to hiring posts viapostal mail or Internet
2. Having a job interview at a recruitment event
3. Attending a job skill development session at the following:
1) A session recognized by the Minister ofEmployment and Labor under Article 24 of the Act onthe Lifelong Vocational Competency Development Act.
2) A session (where a record of attendance is checked) whose expense ispartly or entirely paid by the central or local government
4. Participation in a vocational guidance program provided by an employmentcenter
5. Where one’s reemployment is set to be arranged within 30 days of thedate of recognition of unemployment
6. Attending a course for reemployment at avocational skill development facility (including a corporation) under the Act on the Lifelong Vocational CompetencyDevelopment Act or at a private institute under the Act on the Establishmentand Operation of Private Teaching Institutes and Extracurricular Lessons; wherethe head of an employment center recognizes that separate job-seekingactivities are not necessary.
7. Participation in voluntary social activities with the introduction ofthe head of an employment center as part of reemployment guidance, where it isdifficult to provide employment information due to a situation of the labormarket
8. Engaging in proactive preparations for a self-employed businessincluding advertising for employment, looking for a business site or enteringinto a contract for a site (including provisional contract), conducting marketstudies, and consulting with relevant institutions
9. Formulation of job-seeking activities plan with the support from anemployment center
10. A case similar to what is stated in the foregoing 1 through 9 andfalling under the category of what is stated in the following:
1) Compliance with an employment center-provided employment placementassistance, achievement program, vocational guidance, reemployment supportprogram or other vocational training program (*Participation in a program notlonger than 8 hours is deemed to be job-seeking activities for up to 2 weeks.)
2) If participating in vocational guidance programs, etc. (only if possibleto manage attendance) conducted by public and private employment supportinstitutions in accordance with the program of the employment security center
3) If following the vocational training instructions of the employmentsecurity center (if the training course is taken without dropping out,unemployment will be recognized for the total period of eligibility forrecognition of unemployment)
4) Those living on an island or the disabled (with limited mobility)recognized as a special case of recognition of unemployment having a jobinterview with a job offerer, using a phone and thelike, with the introduction of an employment center
5) Those who have submitted an application to a worker dispatching businessauthorized by the Minister of Employment and Labor or registered themselveswith a sailor-related job offerer/seeker registrationagency (during the period subject to recognition of unemployment)
6) A daily worker engaging in paid work activities under Article 92(3) ofthe Enforcement Rules of the Employment Insurance Act during the period subjectto recognition of unemployment
7) If attending on a day other than the unemployment recognition date andparticipating in the vocational guidance of employment counseling, etc.according to the directions of the head of the employment security center
8) A case similar to the foregoing 1) through 7) and recognized as positivejob-seeking activities with the willingness and ability to work by the head ofan employment center.
Cases not recognized as job-seekingactivities- Where one ofthe following is the case, an eligible recipient is deemed not to be engaged inpositive job-seeking activities with the willingness and ability to work, whichmeans non-recognition of unemployment. (Article 87(2) of the Enforcement Rulesof the Employment Insurance Act, Article 10(5) of the Unemployment Recognitionand Reemployment Support Regulations)
1. If a person hashis/her employment severed due to pregnancy, childbirth, childcare, caring forthe elderly and infirm, or other household-related reasons, but such reasonsappear not to have been settled.
2. Where one is thought to be unable to work due to a mental/physicalcondition like disease or injury
3. Where one is eligible for temporary disability compensation benefits(Article 52 of the Industrial Accident Compensation Insurance Act)
4. Failure to appear on the day designated by the head of an employmentcenter for job offer or vocational guidance without a justifiable reason(during the period associated with failure to appear)
5. A case similar to what is stated in the foregoing 1 through 4 andfalling under the category of what is stated in the following:
1) One whose job-seeking activities are confined to one and the samebusiness
2) One whose job-seeking activities are confined to asking questions overthe phone or the internet
3) One insisting on working conditions hardly acceptable in considerationof his/her experience, age, skills, and the situation of the labor market
4) One whose preparation for a self-employed business is confined to searchfor a business location or market survey
5) Not to engage in preparations for a self-employed business; onlyattending training/education sessions for a business stated in the Door-to-DoorSales, etc. Act or for serving as an insurance agency or solicitor(*Training/education done once during the benefit period is deemed to bejob-seeking activities.)
6) The recipient’s job application is different from the business type,career requirement, academic requirement, qualification requirements, or otherrequirements in the employment advertisement in material ways.
7) The recipient failed to perform the job-seeking activities instructed bythe head of an employment security office or other reemployment activitieswithout a justifiable reason.
8) The recipient sent at least four email applications (for recipientswhose days of benefits payable prescribed does not exceed 120 days) or sixemail applications (for recipients whose days of benefits payable prescribeddoes not exceed 150 days) through the Worknet underArticle 15 of the Framework Act on Employment Policy (excluding the cases wherethe applicant applies for a job at the instruction of an employment securityoffice).
9) The recipient only submits a business card of a non-hiring place ofbusiness (Provided, that if the recipient was referred by an acquaintance to anon-hiring place of business, the recipient’s reemployment activities can bereviewed based on a certificate of interview issued by the place of business).
10) Others similar to what is stated in the foregoing 1) through 9)
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