영문법령 불러오는 중…

ACT ON THE ENCOURAGEMENT OF EMPLOYMENT OF JOB SEEKERS AND THE SUPPORT OF THEIR LIVELIHOOD STABILITY — 법갈피

영문법령 / ACT ON THE ENCOURAGEMENT OF EMPLOYMENT OF JOB SEEKERS AND THE SUPPORT OF THEIR LIVELIHOOD STABILITY

ACT ON THE ENCOURAGEMENT OF EMPLOYMENT OF JOB SEEKERS AND THE SUPPORT OF THEIR LIVELIHOOD STABILITY

법률일부개정시행 2023-08-08고용노동부 · 제19610호 · 공포 2023-08-08

CHAPTER I GENERAL PROVISIONS

Article 1(Purpose) #

The purpose of this Act is to provide integrated employment assistance services and financial support to citizens who are struggling to find employment despite their ability and willingness to work, and thereby contribute to their job-seeking activities and livelihood stability.

Article 2(Definitions) #

The terms used in this Act are defined as follows:

1. The term “employment assistance” means any assistance furnished under Articles 12 through 15 that can help recipients search for employment (hereinafter referred to as “employment assistance service”) and payment of job-seeking encouragement benefits described in Article 18 (hereinafter referred to as “job-seeking encouragement benefits”);

2. The term “eligible recipient” means any person meeting the eligibility requirements to receive an employment assistance service or job-seeking encouragement benefits under Article 6 or 7 and determined eligible to receive employment assistance under Article 10;

3. The term “recipient” means any person who is receiving an employment assistance service or job-seeking encouragement benefits as an eligible recipient.

Article 3(Responsibilities of the State and Local Governments) #

The State and local governments shall assist eligible recipients in finding employment in a field that suits their aptitude and ability, and develop and implement necessary policies to ensure their financial stability during the course of job search.

Article 4(Rights and Responsibilities of Eligible Recipients) #

Eligible recipients may receive assistance from the State and local governments for employment and livelihood stability, and shall actively engage in job search activities in accordance with their respective work activity plans, etc.

Article 7(Eligibility for Job-Seeking Encouragement Benefits) #

(1) A person who meets all of the following requirements shall be eligible to receive job-seeking encouragement benefits:

1. He or she shall meet the eligibility requirements set forth in Article 6;

2. The average monthly gross income of his or her household specified in Article 6 (1) 3 shall not be higher than the level prescribed by Presidential Decree, taking into account his or her minimum cost of living and expenses incurred in job-seeking activities, but not exceeding 60/100 of the standard median income;

3. The total value of the property owned by his or her household members, which includes land, buildings and automobiles, shall not be higher than the value prescribed by Presidential Decree, but not exceeding 600 million won;

4. He or she shall have been employed for a period of no less than the period prescribed by Presidential Decree, within two years prior to the date of application for employment assistance under Article 8.

(2) Notwithstanding paragraph (1), the Minister of Employment and Labor may, within the budget, determine the eligibility to receive job-seeking encouragement benefits of those who meet the requirements prescribed by Presidential Decree, among the persons described below, giving due consideration to conditions of the labor market and the need to provide job-seeking encouragement benefits: <Amended on Jul. 27, 2021>

1. A person who meets all the requirements under paragraph (1) 1 through 3, but does not fulfill the requirement under subparagraph 4 of that paragraph;

2. A person who meets all the requirements under the proviso of Article 6 (1) 1, 2 and 3 as well as the requirement under paragraph (1) 3 of this Article.

(3) Notwithstanding paragraphs (1) and (2), the Minister of Employment and Labor may not determine the eligibility of any of the following persons to receive job-seeking encouragement benefits: <Amended on Aug. 8, 2023>

1. A person who is difficult to obtain employment immediately at the time of application for employment assistance under Article 8 due to reasons prescribed by Presidential Decree, such as schoolwork, military service, mental disorder, and nursing care;

2. A recipient of livelihood benefits under Article 7 (1) 1 of the National Basic Living Security Act;

3. A person who is receiving job-seeking benefits under the Employment Insurance Act, or for whom six months have not passed since the day following the date when the job-seeking benefits were last received.

4. A person who is participating in a project prescribed by Presidential Decree, of the government-funded employment programs under Article 13-2 of the Framework Act on Employment Policy, or for whom six months have not passed since the day following the last date of the participation period;

5. A person who is receiving an allowance prescribed by Presidential Decree, of the allowances provided by the State or a local government for covering expenses incurred in job-seeking activities, or for whom six months have not passed since the day following the date when the allowance was last paid;

6. An applicant for employment assistance under Article 8 (3) whose monthly average gross income is equal to or higher than the standard prescribed by Presidential Decree;

7. Other persons equivalent to any of subparagraphs 1 through 6, as prescribed by Presidential Decree.

(4) Detailed methodologies for computing the total value of the property under paragraph (1) 3 and the monthly average gross income under paragraph (3) 6 shall be prescribed by Presidential Decree.

Article 8(Application for Employment Assistance) #

(1) A person who wants to be determined eligible for an employment assistance service under Article 6 shall file an application for employment assistance with the Minister of Employment and Labor.

(2) A person who wants to be determined eligible for job-seeking encouragement benefits under Article 7 shall apply for determination of the eligibility for job-seeking encouragement benefits, when filing the application under paragraph (1).

(3) A person who files an application under paragraph (1) or (2) (hereinafter referred to as “applicant for employment assistance”) shall, at the time of filing the application, provide a written agreement that he or she furnish data or information on the applicant and his or her household members contained in the information and communications network, etc. listed below to all relevant organizations, to the extent necessary to receive the employment assistance:

1. Information and communications network established and operated by the Minister of Employment and Labor under the Employment Insurance Act;

2. Information network as defined in Article 13-2 (1) 7 of the Framework Act on Employment Policy;

3. Information and communications network established and operated by the Minister of Health and Welfare under the National Health Insurance Act;

4. National tax information and communications network as defined in subparagraph 19 of Article 2 of the Framework Act on National Taxes;

5. Social security information system under Article 37 (2) of the Framework Act on Social Security;

6. Administrative Information-Sharing Center established under Article 37 (1) of the Electronic Government Act;

7. Local tax information and communications network as defined in Article 2 (1) 28 of the Framework Act on Local Taxes.

(4) Necessary matters regarding the method and procedure of application for employment assistance under paragraphs (1) and (2), and the method and procedure of providing an agreement under paragraph (3) shall be prescribed by Ordinance of the Ministry of Employment and Labor.

Article 9(Checking and Inspections upon Application) #

(1) If the Minister of Employment and Labor receives an application for employment assistance under Article 8, he or she shall check and inspect whether it meets the eligibility requirements of Article 6 or 7.

(2) The Minister of Employment and Labor shall require that the heads of State agencies including courts, the Ministry of Public Administration and Security, the Ministry of Health and Welfare, and the National Tax Service, the heads of local governments, and the heads of related institutions and organizations provide the following data and access the relevant data networks for checking and inspections under paragraph (1). In such cases, the heads of agencies, etc. in receipt of such request shall comply with it, in the absence of good cause:

1. A business register;

2. Purchase of a policy for the national health insurance, national pension, employment insurance, industrial accident compensation insurance, veterans’ benefits, public officials pension, public officials’ accident compensation benefits, military pension, pension for private school teachers and staff, special post office pension, agricultural subsidies, and the farmland pension, as well as the type of coverage purchased, earned income, and the amount charged or received;

3. The published price or the value of the tax base of a building, land, automobile, construction machinery, and ship;

4. Certified copies of household register and individual register;

5. A family relationship register (family relations certificate, identification certificate, and marriage relation certificate);

6. Degree of disability;

7. An identification certificate for resident escaping from North Korea;

8. Records of social security benefits received;

9. Information on acquisition of certifications under the National Technical Qualifications Act or other statutes or regulations;

10. Immigration information.

(3) The Minister of Employment and Labor shall require, in a document stating the following information, that the head of the competent tax office provide tax information or allow the use of related computer networks, if necessary to check whether an applicant for employment assistance meets the income requirements, of the eligibility requirements for assistance under Article 6 or 7. In such cases, the head of the competent tax office shall comply with such request, in the absence of good cause: <Amended on Aug. 8, 2023>

1. Personal information of the applicant for employment assistance;

2. Base date for determining whether the applicant meets the eligibility requirements for assistance under Article 6 or 7;

3. Amount of income that serves as the basis for determining whether the applicant meets the eligibility requirements for assistance under Article 6 or 7.

(4) The Minister of Employment and Labor may gain access to the social security information system established under Article 37 (2) of the Framework Act on Social Security in order to use the data, taxation information, and related computer networks under paragraphs (2) and (3). <Amended on Aug. 8, 2023>

(5) The Minister of Employment and Labor may require that an applicant for employment assistance provide data prescribed by Presidential Decree to check the income status of the applicant for employment assistance and his or her household members.

(6) Except as provided in this Act, the Framework Act on Administrative Investigations shall apply with regard to the contents, procedures, and methods of inspections under paragraph (1).

Article 11(Suspension of Employment Assistance) #

(1) If any of the following events occurs with respect to an eligible recipient or a recipient, which makes it difficult for him or her to participate in an employment assistance service, he or she may apply for the suspension of the employment assistance during the period necessary to resolve the event, within two years from the date on which he or she receives a notice of eligibility for the employment assistance under Article 10 (1): <Amended on Aug. 8, 2023>

1. If the person is pregnant, or 90 days have not passed after giving birth;

2. If the person or his or her spouse becomes ill or suffers injury;

3. If the person or his or her spouse's lineal ascendant or descendant becomes ill or suffers injury;

4. If the person is conscripted for compulsory military service under the Military Service Act;

5. If the person stays abroad for less than six months;

6. Other events prescribed by Ordinance of the Ministry of Employment and Labor, which make it difficult to participate in an employment assistance service.

(2) If an eligible recipient or a recipient applies for a suspension of employment assistance in accordance with paragraph (1), the Minister of Employment and Labor shall determine the suspension of the employment assistance after checking whether any of the events described in the subparagraphs of paragraph (1) has occurred to the applicant, and notify the eligible recipient or the recipient in writing of the determination.

(3) If an event described in the subparagraphs of paragraph (1) is resolved before the expiration of the suspension period for employment assistance determined under paragraph (2), the suspension period shall end on the day when the relevant event for suspension is resolved, notwithstanding the determined suspension period.

(4) Upon the expiration of the suspension period for employment assistance determined under paragraph (2), or resolution of the relevant event for suspension under paragraph (3), the eligible recipient or the recipient shall re-participate in an employment assistance service within 30 days from the day following the date of such expiration or resolution. <Amended on Aug. 8, 2023>

Article 20(Time Period and Procedure for Payment) #

(1) Job-seeking encouragement benefits shall be paid for the portions of an employment or job search assistance program completed by an applicant for employment assistance, for a six-month period from the date of his or her receipt of notice of eligibility under Article 10 (1). <Amended on Aug. 8, 2023>

(2) Notwithstanding paragraph (1), the Minister of Employment and Labor may, upon separate application by an eligible recipient, pay job-seeking encouragement benefits for the portions of an employment or job search assistance program he or she has completed, for up to one year from the date of his or her receipt of notice of eligibility under Article 10 (1). In such cases, the total payments of the job-seeking encouragement benefits shall not exceed the total sum of the job-seeking encouragement benefits paid under paragraph (1). <Amended on Aug. 8, 2023>

(3) If the payment period is extended in accordance with paragraph (2), the Minister of Employment and Labor may pay the benefits by dividing the monthly payments made under Article 19 (2), in consideration of the payment period.

(4) Job-seeking encouragement benefits shall be paid on a monthly basis.

(5) When a recipient completes the establishment of his or her work activity plan, or is enrolled in an employment or job search assistance program, he or she shall apply for the payment of job-seeking encouragement benefits for each payment period on the date determined by the recipient and the Minister of Employment and Labor during the payment period (hereinafter referred to as “designated date”) either directly with the employment security office or using electronic civil petition processing methods under the Civil Petitions Treatment Act, by attaching the established work activity plan or the details of the portions that he or she has completed in the employment or job search assistance program: Provided, That in any of the following cases, any delay in the designated date up to seven days is allowed, and if delayed, the payment period under paragraphs (1) and (2) shall be extended by that period: <Amended on Jan. 11, 2022>

1. If the period for the establishment of his or her work activity plan is extended in accordance with the proviso of Article 12 (3);

2. An interview with a job provider;

3. Nursing care for an injury or disease of his or her lineal ascendant or descendant;

4. Other reasons prescribed by Ordinance of the Ministry of Employment and Labor.

(6) A recipient shall submit to the Minister of Employment and Labor the established work activity plan or the details of the portions that he or she has completed in the employment or job search assistance program, on the designated date.

(7) The Minister of Employment and Labor shall determine the payment of job-seeking encouragement benefits for the relevant payment period after checking whether the recipient has completed the establishment of his or her employment activity plan or completed any portions of an employment or job search assistance program. In such cases, if any event prescribed by Ordinance of the Ministry of Employment and Labor occurs, including where the recipient obtains employment during the relevant payment period or the suspension of employment assistance is determined under Article 11 (2), the Minister may determine the payment of job-seeking encouragement benefits after checking the progress of completion of the establishment of his or her employment activity plan or the completed portions of the employment or job search assistance program until the date of occurrence of the relevant event.

(8) Other matters necessary for the payment of job-seeking encouragement benefits shall be prescribed by Ordinance of the Ministry of Employment and Labor.

Article 21(Reporting of Earned Income and Suspension of Payment of Job-Seeking Encouragement Benefits) #

(1) When a recipient applies for job-seeking encouragement benefits under Article 20 (5), he or she shall report to the Minister of Employment and Labor any earned income prescribed by Presidential Decree during the relevant payment period, which is generated from providing labor, starting up a business, or receiving subsidies or incentives under other statutes or regulations.

(2) The Minister of Employment and Labor may investigate the generation of earned income provided in paragraph (1) with regard to a recipient during the payment period for job-seeking encouragement benefits.

(3) The Minister of Employment and Labor may, for the investigation under paragraph (2), use data on the recipient's national tax, local tax, health insurance, national pension, employment insurance, industrial accident compensation insurance, etc., or request cooperation from the heads of agencies keeping a record of such data under Article 9 (2) and (3). <Amended on Aug. 8, 2023>

(4) If the earned income reported by a recipient in accordance with paragraph (1) exceeds the amount of monthly payment under Article 19 (2), the Minister of Employment and Labor may reduce or suspend the payment of job-seeking encouragement benefits for the relevant payment period. In such cases, the job-seeking encouragement benefits for the relevant payment period shall be deemed paid in the application of Article 20 (1) or (2) to the relevant recipient. <Amended on Aug. 8, 2023>

(5) When the payment suspension under paragraph (4) is issued three or more times during the payment period for job-seeking encouragement benefits, the Minister of Employment and Labor shall withdraw the determination of eligibility under Article 10 (1) and cease to provide employment assistance.

(6) When intending to take the following measures, the Minister of Employment and Labor shall notify the recipient of the fact and reason in writing: <Amended on Aug. 8, 2023>

1. Reducing or suspending the payment of job-seeking encouragement benefits under the former part of paragraph (4);

2. Withdrawing the determination of eligibility and ceasing to provide employment assistance under paragraph (5).

(7) The criteria for paying the reduced amount of job-seeking encouragement benefits and suspending payment thereof under paragraph (4) shall be prescribed by Presidential Decree in consideration of the level of income of the recipients, etc. <Newly Inserted on Aug. 8, 2023>

[Title Amended on Aug. 8, 2023]

Article 28(Order of Return) #

(1) The Minister of Employment and Labor shall issue an order requiring that a recipient who has received job-seeking encouragement benefits, etc. by fraud or other improper means, and is subject to the cancellation of the decision to award such benefits, etc. under Article 27 (1) return all or any portion of the job-seeking encouragement benefits, etc. he or she has received, as prescribed by Ordinance of the Ministry of Employment and Labor.

(2) When the Minister of Employment and Labor issues an order of return under paragraph (1), he or she may additionally collect an amount equal to or less than the amount of the job-seeking encouragement benefits, etc. the recipient has received by fraud or other improper means, as prescribed by Ordinance of the Ministry of Employment and Labor.

(3) If a person who has received job-seeking encouragement benefits, etc. by fraud or other improper means committed such conduct in collusion with another person, the person engaged in such collusive conduct shall bear joint and several liability under paragraphs (1) and (2) with the person who has received the job-seeking encouragement benefits, etc.

(4) If there is any incorrectly paid job-seeking encouragement benefits, etc., the Minister of Employment and Labor may order a recipient or a person who was a recipient to return such benefits, etc.

(5) Where a person who is required to return job-seeking encouragement benefits, etc. or pay the amount of additional collection pursuant to paragraph (1), (2), or (4) applies for installment payment, the Minister of Employment and Labor may allow the person to pay the amount of the benefits to be returned or the additional collection in installments, as prescribed by Ordinance of the Ministry of Employment and Labor. <Newly Inserted on Aug. 8, 2023>

(6) Where a person who is required to return job-seeking encouragement benefits, etc. or pay the amount of additional collection pursuant to paragraph (1), (2), or (4) has job-seeking encouragement benefits to be paid in accordance with this Act, the Minister of Employment and Labor may appropriate them for the amount of the return or additional collection. <Newly Inserted on Aug. 8, 2023>

(7) Matters necessary for the appropriation of the job-seeking encouragement benefits, etc. under paragraph (6) and the appropriation procedure shall be prescribed by Presidential Decree. <Newly Inserted on Aug. 8, 2023>

Article 29(Termination of Employment Assistance) #

(1) The Minister of Employment and Labor shall terminate the provision of the relevant employment assistance service or the payment of job-seeking encouragement benefits to a recipient at the time categorized as follows: <Amended on Aug. 8, 2023>

1. If the period set for the employment assistance service (including the period extended pursuant to Article 15 (2) and the period subject to follow-up management pursuant to paragraph (4) of that Article; hereafter in this Article, the same shall apply) expires: The day following date of expiration of such period;

2. If the recipient obtains employment or starts a business during the period for the employment assistance service: The date when he or she obtains employment equal to or higher than the standard prescribed by Ordinance of the Ministry of Employment and Labor, or the date when he or she starts a business for profit;

3. If the recipient is selected as a participant in a project under Article 7 (3) 4: The date when he or she is selected as a project participant;

4. If the recipient is selected as a recipient of livelihood benefits under Article 7 (1) 1 of the National Basic Living Security Act: The date when he or she is selected as a recipient of livelihood benefits;

5. If the recipient does not re-participate in the employment assistance service in accordance with Article 11 (4): The date following the lapse of 30 days from the day after the date of expiration of the suspension period for employment assistance, or the day after the date of resolution of the relevant event for suspension;

6. If the determination of eligibility of the recipient is withdrawn under Article 12 (4): The date of the withdrawal;

7. If the period for payment of job-seeking encouragement benefits falls on the last round of regular payment: The day after the end date of the period for the last round of regular payment under Article 20 (1) through (4);

8. If a decision to suspend the last round of regular payment is rendered under Article 26 (3): The date on which the decision to suspend the last round of regular payment is rendered;

9. Other cases prescribed by Ordinance of the Ministry of Employment and Labor, as equivalent to those set forth in subparagraphs 1 through 8: The date prescribed by Ordinance of the Ministry of Employment and Labor, depending on the relevant case.

(2) Notwithstanding paragraph (1) 4, the Minister of Employment and Labor may continue to provide an employment assistance service for a period not to exceed the period set for the employment assistance service, for those prescribed by Ordinance of the Ministry of Employment and Labor, among recipients of benefits who have ability to work under Article 9 (5) of the National Basic Living Security Act.

(3) If the provision of employment assistance is terminated under paragraph (1), the relevant person may apply for employment assistance under Article 8 only after the lapse of the period prescribed by Presidential Decree, which does not exceed three years from the date of such termination. <Amended on Aug. 8, 2023>

(4) If the provision of employment assistance is terminated under paragraph (1), the Minister of Employment and Labor shall notify the eligible recipient or recipient of the fact and reason in writing. <Amended on Aug. 8, 2023>

[Title Amended on Aug. 8, 2023]

Article 35(Delegation and Entrustment of Authority) #

(1) The Minister of Employment and Labor may delegate part of the authority vested in him or her under this Act to the Special Metropolitan City Mayor, a Metropolitan City Mayor, the Special Self-Governing City Mayor, a Do Governor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu (referring to the head of an autonomous Gu), as prescribed by Presidential Decree.

(2) The Minister of Employment and Labor may entrust the functions relating to requests for providing data and taxation information and accessing relevant data networks under Article 9 (2) and (3) and building and operation of an employment assistance data network under Article 32 to the Korea Employment Information Service established under Article 18 of the Framework Act on Employment Policy. <Amended on Aug. 8, 2023>

(3) The Minister of Employment and Labor may entrust part of the functions granted to him or her under this Act to a private institution, such as functions requiring expertise in the private sector in the course of establishing work activity plans or delivering employment or job search assistance programs, as prescribed by Presidential Decree.

(4) The Minister of Employment and Labor may entrust the functions related to the payment of job-seeking encouragement benefits, etc., under the main clause of Article 22 (1) to a postal service agency or financial institution, as prescribed by Presidential Decree. <Newly Inserted on Aug. 8, 2023>

(5) The Minister of Employment and Labor may entrust all or part of his or her functions relating to education and support for employees of the relevant agencies under Article 34 (3) to an institution prescribed by Presidential Decree.

(6) The Minister of Employment and Labor may require correction or terminate the entrustment contract if the person entrusted with the functions under paragraphs (3) through (5) falls under any of the following cases: Provided, That in the case of subparagraph 1 or 2, the entrustment contract shall be terminated: <Amended on Aug. 8, 2023>

1. Where he or she is entrusted by fraud or other improper means;

2. Where the entrusted person has received, or seeks to receive, financial or other support by fraud or other improper means;

3. Where the entrusted person performs the functions under paragraph (3) through (5) in violation of the entrustment contract;

4. Where he or she fails to comply with a request for correction;

5. Other cases prescribed by Presidential Decree.

(7) Other necessary matters, such as a request for correction and termination of an entrustment contract under paragraph (6), shall be prescribed by Presidential Decree. <Amended on Aug. 8, 2023>

ACT ON THE ENCOURAGEMENT OF EMPLOYMENT OF JOB SEEKERS AND THE SUPPORT OF THEIR LIVELIHOOD STABILITY

Article 1(Purpose) #

Article 2(Definitions) #

Article 3(Responsibilities of the State and Local Governments) #

Article 4(Rights and Responsibilities of Eligible Recipients) #

Article 5(Formulation and Implementation of Master Plan for Employment Assistance for Job Seekers) #

Article 6(Eligibility for Employment Assistance Services) #

Article 7(Eligibility for Job-Seeking Encouragement Benefits) #

Article 8(Application for Employment Assistance) #

Article 9(Checking and Inspections upon Application) #

Article 10(Determination of Eligible Recipients and Notification thereof) #

Article 11(Suspension of Employment Assistance) #

Article 12(Work Activity Plans) #

Article 13(Providing Employment Assistance Programs) #

Article 14(Job Search Assistance Programs) #

Article 15(Employment Assistance Service Period and Follow-Up Management) #

Article 16(Funding of Work Activity Expenses) #

Article 17(Payment of Employment Incentives) #

Article 18(Payment of Job-Seeking Encouragement Benefits) #

Article 19(Determination of Payment Levels) #

Article 20(Time Period and Procedure for Payment) #

Article 21(Reporting of Earned Income and Suspension of Payment of Job-Seeking Encouragement Benefits) #

Article 22(Application for Accounts for Receiving Allowances to Protect Entitlement) #

Article 23(Prohibition against Seizure) #

Article 24(Extinctive Prescription) #

Article 25(Exemption from Public Charges) #

Article 26(Limitations on Payment of Job-Seeking Encouragement Benefits) #

Article 27(Limitations on Payment of Job-Seeking Encouragement Benefits Due to Misconduct) #

Article 28(Order of Return) #

Article 29(Termination of Employment Assistance) #

Article 30(Review and Further Review) #

Article 31(Implementation of Pilot Projects) #

Article 32(Building and Operation of Data Network) #

Article 33(Applications and Notifications Using Electronic Documents) #

Article 34(Cooperation from Relevant Agencies) #

Article 34-2(Request for Provision of Taxation Information) #

Article 35(Delegation and Entrustment of Authority) #

Article 36(Legal Fiction as Public Officials for Purposes of Applying Penalty Provisions) #

Article 37(Confidentiality) #

Article 38(Penalty Provisions) #

Article 39(Joint Penalty Provisions) #