Customized Law Information

申请针对性法令信息

Customized Law Information
申请针对性法令信息
Customized Law Information Detail
* Title标题 Unemployment Benefits
* Status处理情况 Completed
* Author作者 J*mes Date申请日期 2020.04.17
* Content内容 What are the requirements to receive unemployment benefits?
Also, I have retired from my previous job after working for 3 years of period.
Am I eligible for the unemployment benefits?
* Purpose申请目的 Inquiry about the employment benefits

Customized Law Information Reply
Answerer回答者 Admin Date回答日期 2020.05.22
Contents回答内容

Thank you for your inquiry.

Following is the answer to your inquiry from Customized Practical Law Information.

 

 

Requirements for job-seeking benefits

 

- An insured worker shall meet all the following requirements to receive job-seeking benefits. (Article 40(1) of the Employment Insurance Act)

 

· The number of qualifying days the insured worker spent in covered employment prescribed in Article 41 of the Employment Insurance Act during the 18-month period up to the date of severance from employment (hereinafter referred to as "base period") shall be at least 180 days in total.

· The insured worker is willing and able to work but is still yet to secure employment (including self-employment in a for-profit business).

· The reasons for severance from employment shall not fall under any of the disqualifying conditions set forth in Article 58 of the Employment Insurance Act.

· The insured worker shall be actively seeking reemployment.

· The number of days worked during the one-month period up to the date of applying for recognition of eligibility for benefits prescribed in Article 43 of the Employment Insurance Act, shall be less than ten days (*applicable only to daily workers at the time of severance)

· Construction day laborers (those engaged in construction business under the Korean Standard Industrial Classification) without any work record for 14 consecutive days before the date of application for recognition of eligibility for benefits.

· If the insured worker had disqualifying severance from employment under Article 58 of the Employment Insurance Act, at some time within those 180 days in covered employment during the base period for the insured worker's most recent severance from employment, then the insured worker shall have worked as a daily worker for at least 90 days out of the qualifying days in covered employment. (*applicable only to daily workers at the time of severance)

 

 

2. Eligibility for job-seeking benefits in case of retirement from the previous job after working for 3 years of period can be determined by prescribed base period.

Base period for job-seeking benefits are following:

 

Base period for job-seeking benefits

 

- If an insured worker's 18-month base period includes a continuous period of 30 days or more during which the insured worker earned no remuneration due to one of the following reasons, the base period for such insured worker shall be determined by adding that time period to the normal 18-month base period (if the base period exceeds three years, it shall be three years). (Article 40(2) of the Employment Insurance Act, Article 60 of the Enforcement Decree of the Employment Insurance Act, and Notice on Reasons for Base Period Extension)

 

· Illness; injury

· Temporary closure of business

· Temporary absence due to pregnancy, childbirth, and childcare

· Working in a foreign country per the order of the business owner (unless wage is paid in the country)

· Labor dispute under the Trade Union and Labor Relations Adjustment Act

· Temporary absence for caring for relatives living together (spouse; blood relatives within the eighth degree of relationship; affinity relatives within the fourth degree of relationship under Article 777 of the Civil Act)

· Temporary absence due to military service

· Dispatch to a workplace where employment insurance does not apply per the order of the business owner

· Temporary absence due to a management reason (Article 19(1)-3 of the Enforcement Decree of the Employment Insurance Act)

· Unfair dismissal

 

- Calculation of qualifying days in covered employment

 

· The number of qualifying days in covered employment shall be calculated as the sum of the number of days in covered employment for which remuneration is paid. (Body part of Article 41(1) of the Employment Insurance Act)

· In calculating the number of qualifying days in covered employment, if a person already received job-seeking benefits before the date insured status was lastly attained, the qualifying days in covered employment occurred before the date of forfeiture of the insured status related to the job-seeking benefits shall be excluded from the calculation. (Article 41(2) of the Employment Insurance Act)

 

- Calculation of qualifying days in covered employment

 

· The period of covered employment shall be the period of employment with the employing unit covered at the time of severance from employment to which the current eligibility for benefits relates (excluding any period of employment as an exempted worker under Articles 10 and 10-2 of the Employment Insurance Act). (Body part of Article 50(3) of the Employment Insurance Act)

· Where an insured status was forfeited in the previous covered business and a new insured status is acquired in the currently covered business within three years from the date of such forfeiture, the period of covered employment in the previous covered business shall be added up. (Article 50(4)-1 of the Employment Insurance Act)

· Provided, that in cases of having received unemployment benefits due to the forfeiture of insured status in the previous covered business, the period of covered employment in the previous covered business shall be excluded.

 

 

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Related life fields相关领域 Unemployment Benefits>Unemployment Benefits Overview>Outline>What are unemployment benefits?
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