(1) Reasons for Proposal

The recent spread of COVID-19 has increased social interest in the difficulties and need for protection of disadvantaged classes including persons in special types of employment, etc. In particular, persons in special types of employment are exposed to the risk of unemployment and are in great need of social and economic protection; however, they are not eligible for employment insurance because the Employment Insurance Act lacks specific provisions related to the matter. This Amendment aims to solve blind spots of the employment insurance by expanding the scope of application of employment insurance to persons in special types of employment to support the livelihood and job-seeking of unemployed persons and to ease the economic burden of persons who are not available for work due to childbirth, miscarriage or stillbirth by paying them maternity benefits.

(2) Major Provisions

A. Modify the term “employees” in the purpose of employment insurance to “employees, etc.” and modify the provisions of definitions and the burden of insurance premiums according to the application of employment insurance to persons in special types of employment (Article 1, Article 2, Article 6)

B. Guarantee fixed-term employees and temporary agency workers whose contract expired during their period of maternity leave payment of statutory maternity leave benefits, etc. for their remaining period of leave, regardless of the size of the corporation (Article 76-2)

C. Apply employment insurance to persons in special types of employment who are not employees, but do not apply the Act to a person whose income does not satisfy the criteria prescribed by Presidential Decree (Article 77-6 (1) and (2) newly inserted)

D. Prescribe the date of acquisition and loss of insured status of persons in special types of employment and grounds related to the acquisition of insured status of persons engaged in multiple businesses by having business owners, labor provision platform business owners, etc. manage and report insured status, etc. (Article 77-6 (3) and (4))

E. In the case of labor provision contracts using labor provision platforms, prescribe the grounds that allow the Minister of Employment and Labor to request business owners of labor provision platform businesses to submit data or information prescribed by Presidential Decree to verify the management of the insured and require business owners of labor provision platform business to preserve related information (Article 77-7 newly inserted). 

F. Prescribe the grounds related to unemployment benefits such as the eligibility for benefits, qualifying days in covered employment, daily amount of job-seeking benefits, period of covered employment (sum included), and level of payment to help persons in special types of employment receive unemployment benefits (Article 77-8 newly inserted)

G. Prescribe the grounds to pay maternity leave benefits to persons in special types of employment who are not available for work due to childbirth, miscarriage, or stillbirth (Article 77-9)

H. Apply mutatis mutandis the existing provisions concerning the raising of an objection, time limitation, administrative investigations, penalty provisions, administrative fine, etc. related to job-seeking benefits, maternity leave benefits, etc. of persons in special types of employment such as the acquisition of insured status or the eligibility requirements for, application for, and payment of them (Article 77-10)