Unpaid unemployment benefits
What are unpaid unemployment benefits
- Any remaining job-seeking benefits payable to a deceased eligible recipient shall be paid upon a claim duly filed by the surviving spouse (including a de facto spouse) or any dependent child, parent, grandchild, grandparent, or sibling sharing the same livelihood with the deceased eligible recipient. (Article 57(1) of the Employment Insurance Act)
Payment of unpaid unemployment benefits
Application for payment of unpaid unemployment benefits
- A person who intends to claim the payment of the job-seeking benefits not paid (hereinafter referred to as "claimant for benefits payable") shall file a written claim, along with the following x-documents, for unemployment benefits payable with the head of the competent employment center. (Article 76(1) of the Enforcement Decree of the Employment Insurance Act, former part of Article 100 and Annex Form 90 of the Enforcement Rules of the Employment Insurance Act)
· Unpaid unemployment benefit invoice
· A copy of a x-document verifying the death of the eligible recipient
· Familial relationship certificate and basic certificate (where identification is difficult with resident registration card alone)
Recognition of unemployment concerning unpaid unemployment benefits
- A claimant for unemployment benefits payable who intends to have the unemployment of the deceased eligible recipient recognized shall make an appearance at the competent employment center 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 of the eligible recipient recognized. A claimant for benefits payable shall, when he/she files a written claim for unemployment benefits payable, submit reports or x-documents that the deceased eligible recipient should have submitted if the deceased eligible recipient intended to receive job-seeking benefits. (Former part of Article 57(2) of the Employment Insurance Act, Article 76(2) and (3) of the Enforcement Decree of the Employment Insurance Act)
- Where the eligible recipient engaged in paid work activities during the recognition of unemployment period, the claimant for benefits payable shall report the fact to the competent employment center. (Latter part of Article 57(2) of the Employment Insurance Act)
Method of payment of unpaid unemployment benefits
- The claimant for benefits payable shall designate a financial institution and account through which he/she intends to receive unpaid unemployment benefits and shall report them to the competent employment center of his/her place of application on the date of initial unemployment recognition he/she makes an appearance at the office. (Articles 77 and former part of 75 (1) of the Enforcement Decree of the Employment Insurance Act, Article 99 and Annex Form 82 of the Enforcement Rules of the Employment Insurance Act)
- Unpaid unemployment benefits are paid by depositing them into the account of the financial institution designated by of the claimant for benefits payable. (Article 56(1) of the Employment Insurance Act, Articles 77 and 75(2) of the Enforcement Decree of the Employment Insurance Act)
Extinctive prescription of the right for claiming unpaid unemployment benefits
Extinctive prescription of unpaid unemployment benefits
- The right for claiming unpaid unemployment benefits shall be for up to 3 years. (Article 107(1)-2·3 of the Employment Insurance Act)
- However, if an insured self-employed person pays in full the overdue employment insurance premiums and the corresponding late fees by the initial unemployment recognition date, unemployment benefits will be paid (The proviso of Article 115-4 of the Enforcement Rules of the Employment Insurance Act).