1. Reason for proposal

As the subjects of application of employment insurance is expanded from laborers to artists and labor providers, it is intended to let the person who has multiple different types of insurance eligibility request a job-seeking allowance after selection of one of such types, to limit some payment of job-seeking allowance if being employed for a short-term and receiving job-seeking allowance is repeated or retirement is involuntarily done after employment for a short time in order to get job-seeking allowance after voluntary retirement, and to reasonably operate the job-seeking allowance system and insurance eligibility system by reorganizing the condition for daily workers to get job-seeking allowance and by setting the minimum age of insurance eligibility of artists and labor providers.

2. Main content

A. Clarification of the range of the subjects to be excluded from application of employment insurance (Article 10 of draft)

It is made clear that the Act is not applied to corresponding businesses only so that employment insurance may be applied to the artists and labor providers who are excluded from application of employment insurance and belong to “the people who have designated service hours, less than the hours designated by the Presidential Decree.”

B. Improvement of the condition for daily workers to get job-seeking allowance (Article 40.1 of draft)

The condition for daily workers to get job-seeking allowance is reorganized in order to judge the eligibility of daily workers to get job-seeking allowance with use of the information on the earned income report of daily worker, in accordance with Article 164 of Income Tax Law.

C. Improvement of the method to report unemployment (Article 42.1 of draft)

Unemployment may be reported to be accepted for getting job-seeking allowance   without attending a job security agency if accepted by the head of such job security agency.

D. Special cases of eligibility in multiple different types of insurance eligibility (Establishment of Article 43.2 of draft)

The people such as laborers, artists, and labor providers, etc. who have multiple different types of insurance eligibility may request job-seeking allowance with selection of one of such different types of insurance eligibility and, if insurance eligibility is available for retirement after selected insurance eligibility, the eligibility to receive job-seeking allowance is accepted only in the case that the final retirement was involuntarily done.

E. Reorganization of job-seeking allowance daily amount and waiting period in case of repeated payment of job-seeking allowance (Establishment of Article 46.3, Article 46.4, and Article 49.2 of draft)

If a person who received job-seeking allowance two or more times with different types of eligibility within five (5) years from their retirement day receives job-seeking allowance with acceptance of the eligibility, the job-seeking allowance daily amount is reduced and the waiting period is extended to a maximum of four (4) weeks, in accordance with the Presidential Decree.

F. Extension of waiting period when a voluntarily retired person requests job-seeking allowance after temporary employment (Establishment of Article 49.2 of draft)

If the unit period of insurance is less than 90 days in the workplace from which involuntary retirement is done during the unit period of insurance in reference period, the waiting period is extended to a maximum of four (4) weeks.

G. Application of employment insurance to foreigner artists and labor providers (Article 77-2.1 and Article 77-6.1 of draft)

The range of foreigner artists and labor providers to whom employment insurance is applied is decided in consideration of the range of activities in the status of residence and the period of residence, etc. under the Immigration Control Act.

H. Setup of minimum age for application of employment insurance to artists and labor providers (Article 77-2.2 and Article 77-6.2 of draft)

The minimum age for application of employment insurance to artists and labor providers is decided as 15 years, in consideration of Article 31.2 of the Constitution of the Republic of Korea, compulsory education under Article 8 of the Framework Act on Education and the labor under Article 64 of the Labor Standards Act. However, if an artist or labor provider is less than 15 years of age, they may be insured at his/her discretion if he/she wants to buy the employment insurance.