Article 1(Purpose) #
The purpose of this Decree is to prescribe matters mandated by the Act on the Encouragement of Employment of Job Seekers and the Support of Their Livelihood Stability and matters necessary for the enforcement thereof.
Article 2(Eligibility for employment assistance services) #
(1) “Household unit” in Article 6 (1) 3 of the Act on the Encouragement of Employment of Job Seekers and the Support of Their Livelihood Stability (hereinafter referred to as the “Act”) means a household composed of the following persons, who are among residents referred to in Article 6 (1) 1 of the Resident Registration Act and are listed on the resident registration card for each household under Article 6 (1) of the Enforcement Decree of that Act; provided, persons referred to in the subparagraphs of Article 2 (2) of the Enforcement Decree of the National Basic Living Security Act shall be excluded from the relevant household unit:
1. An applicant for employment assistance under Article 8 (3) of the Act (hereinafter referred to as “applicant for employment assistance”);
2. The spouse (including a person in a de facto marital relationship) and lineal blood relatives of the first degree of the applicant for employment assistance.
(2) Notwithstanding paragraph (1), the Minister of Employment and Labor may exclude, from the household unit referred to in paragraph (1), any person falling under paragraph (1) 2 who is deemed not to share livelihood and residence with the applicant for employment assistance.
(3) Notwithstanding paragraph (1), the Minister of Employment and Labor may include, in the household unit referred to in paragraph (1), any person who does not fall under paragraph (1) 2 but is deemed to share livelihood and residence with the applicant for employment assistance.
(4) "Average monthly gross income of the household unit" in Article 6 (1) 3 of the Act means the total amount calculated by summing the following incomes of each household member, computed as the average monthly amount according to the method determined and publicly notified by the Minister of Employment and Labor, based on the data and information referred to in Article 8 (3) of the Act and the verification and investigation referred to in Article 9 of the Act, as at the time the application for employment assistance is submitted under Article 8 (1) of the Act: <Amended on Sep. 7, 2021>
1. Interest income, dividend income, business income, and wage and salary income under Articles 16, 17, 19, and 20 of the Income Tax Act [excluding wage and salary income non-taxable under Article 12 of that Act (excluding wages non-taxable under subparagraph 3 (q) of that Article and wages non-taxable under Article 16 (1) 1 of the Enforcement Decree of that Act)];
2. Various pensions, allowances, benefits, or other money and valuables provided regularly under the National Pension Act, the Public Officials Pension Act, the Military Pension Act, the Pension for Private School Teachers and Staff Act, or the Special Post Offices Act.
(5) The period of fulfillment of mandatory military service to be added under the proviso of Article 6 (1) 3 of the Act shall be the actual period of service, up to 3 years, within the following service periods: <Added on Feb. 6, 2024>
1. The service period of officers, warrant officers, and noncommissioned officers under Article 7 of the Military Personnel Management Act;
2. The service period of alternative service personnel under Article 18 of the Act on Assignment to and Performance of Alternative Service (where the service period is adjusted under Article 19 of that Act, referring to such period);
3. The period of active duty service under Article 18 of the Military Service Act (where the service period is adjusted under Article 19 of that Act, referring to such period);
4. The service period of full-time reserve personnel under Article 23 of the Military Service Act;
5. The service period of onboard ship reserve personnel under Article 23-2 of the Military Service Act;
6. The service period of social service personnel under Article 30 of the Military Service Act (where the service period is adjusted under Article 42 of that Act, referring to such period);
7. The service period of art and sports personnel under Article 33-8 of the Military Service Act (where the service period is adjusted under Article 42 of that Act, referring to such period);
8. The service period of public health doctors or doctors exclusively in charge of draft physical examinations under Article 34 of the Military Service Act;
9. The service period of public-service advocates under Article 34-6 of the Military Service Act;
10. The service period of public quarantine veterinarians under Article 34-7 of the Military Service Act;
11. The service period of expert research personnel and industrial technical personnel under Article 39 of the Military Service Act (where the service period is adjusted under Article 42 of that Act, referring to such period).
Article 3(Eligibility for job search promotion allowances) #
(1) “Level prescribed by Presidential Decree” in Article 7 (1) 2 of the Act means 60/100 of the standard median income defined in subparagraph 11 of Article 2 of the National Basic Living Security Act (hereinafter referred to as "standard median income"). <Amended on Sep. 7, 2021>
(2) The total amount of assets owned by household members under Article 7 (1) 3 of the Act shall be calculated as the sum of the following assets held by each household member (including assets directly used and benefitted from by the relevant household member among those owned by persons excluded from the household unit under the proviso of Article 2 (1)), as prescribed by Decree of the Ministry of Employment and Labor:
1. Land, buildings, and housing as defined in subparagraphs 1 through 3 of Article 104 of the Local Tax Act; provided, clan properties, village communal properties, and other similar assets used for collective purposes shall be excluded;
2. Lease deposits for residences, commercial properties, etc.;
3. Membership housing acquisition rights and pre-sale rights as defined in subparagraphs 9 and 10, respectively, of Article 88 of the Income Tax Act;
4. Passenger automobiles and other passenger automobiles under subparagraphs 1 and 2, respectively, of Article 123 of the Enforcement Decree of the Local Tax Act; provided, those determined and publicly notified by the Minister of Employment and Labor in consideration of age, engine capacity, usage, etc. shall be excluded.
(3) "Value prescribed by Presidential Decree" in Article 7 (1) 3 of the Act means 400 million won; provided, if deemed necessary by the Minister of Employment and Labor for the promotion of job search activities of applicants for employment assistance aged 15 to 34 (or older if adjusted by adding periods of fulfillment of the mandatory military service under the proviso of Article 6 (1) 3 of the Act), this amount may be adjusted to a value determined and publicly notified by the Minister of Employment and Labor. <Amended on Sep. 7, 2021; Feb 6, 2024>
(4) "He or she shall have been employed for a period of no less than the period prescribed by Presidential Decree" in Article 7 (1) 4 of the Act means that the total period of employment of the applicant for employment assistance shall be 100 days or 800 hours.
(5) Matters necessary for calculating and verifying employment periods under paragraph (4) shall be prescribed by Decree of the Ministry of Employment and Labor.
Article 4(Recognition of eligibility for job search promotion allowances) #
“Those who meet the requirements prescribed by Presidential Decree” in the provisions, with the exception of the subparagraphs, of Article 7 (2) of the Act means a person determined and publicly notified by the Minister of Employment and Labor as having relatively low income and assets and facing difficulty finding employment, in consideration of the following:
1. The average monthly gross income of the household unit under Article 2 (4);
2. The total amount of assets owned by household members under Article 3 (2);
3. The period of unemployment or period spent preparing for employment;
4. Willingness to seek employment and health status;
5. The number of children requiring care, such as preschool children;
6. Other matters determined and publicly notified by the Minister of Employment and Labor as necessary for verifying the level of income and assets, the possibility of employment, etc.
Article 5(Persons restricted from recognition of eligibility for job search promotion allowances) #
(1) “Person who is difficult to obtain employment immediately ... due to reasons prescribed by Presidential Decree, such as schoolwork, military service, mental disorder, and nursing care” in Article 7 (3) 1 of the Act means the following persons: <Amended on Sep. 7, 2021>
1. Any of the following persons who intends to advance to a higher level of education or obtain a professional qualification, etc.:
a. A person enrolled in any type of school;
b. A person attending courses at a private teaching institute, etc. under the Act on the Establishment and Operation of Private Teaching Institutes and Extracurricular Lessons;
2. A person currently serving in the military; provided, persons scheduled to be discharged within 2 months and able to fulfill the obligations under Article 12 (2) of the Act shall be excluded;
3. A person unable to obtain immediate employment due to a mental or physical disability, nursing care, etc.
(2) "Project prescribed by Presidential Decree" in Article 7 (3) 4 of the Act means a project determined and publicly notified by the Minister of Employment and Labor from among those classified as projects providing temporary employment to vulnerable groups in employment under Article 6 (1) 6 of the Framework Act on Employment Policy, within the integrated information system for government-funded employment programs under Article 15-5 of that Act.
(3) "Allowance prescribed by Presidential Decree" in Article 7 (3) 5 of the Act means allowances determined and publicly notified by the Minister of Employment and Labor that meet all of the following requirements:
1. The allowance is paid by the State or a local government for participation in job search activities, or is paid in advance on the condition of such participation;
2. The applicant for employment assistance has not contributed to the financing of the allowance by paying contributions or insurance premiums.
(4) "Standard prescribed by Presidential Decree" in Article 7 (3) 6 of the Act means 60/100 of the median income of a single-person household. <Amended on Sep. 7, 2021>
(5) "Person ... , as prescribed by Presidential Decree" in Article 7 (3) 7 of the Act means a person who intends to be recognized as eligible for the job search promotion allowance under Article 18 of the Act (hereinafter referred to as "job search promotion allowance"), but who is deemed by the Minister of Employment and Labor to be unsuitable for participation in employment assistance services due to a lack of intention to seek employment.
Article 6(Request for submission of data for verification and investigation upon application) #
(1) Upon receiving a written consent from an applicant for employment assistance and his or her household members to the provision of any of the following data or information drawn from the information and communications networks, etc. referred to in the subparagraphs of Article 8 (3) of the Act, within the scope necessary for employment assistance, the Minister of Employment and Labor may request the heads of relevant institutions related to the relevant information and communications networks, etc. to submit the relevant data or information or to facilitate access to the relevant information and communications networks necessary for verifying the data or information; in such cases, the heads of relevant institutions shall comply with such requests unless there is a compelling reason not to do so:
1. Building registers under Article 38 of the Building Act;
2. Reports on real estate transactions under Article 3 (1) 2 and 3 of the Act on Report on Real Estate Transactions, specifically data on recipients of real estate, or status of those selected as residents;
3. Motor vehicle registration certificates under Article 8 (2) of the Motor Vehicle Management Act;
4. Fixed date records in a lease contract under Article 3-6 of the Housing Lease Protection Act;
5. Taxation information on acquisition tax, property tax, and motor vehicle tax under the Local Tax Act.
(2) “Data prescribed by Presidential Decree” in Article 9 (5) of the Act means the following data:
1. Explanatory materials when data or information submitted by the applicant for employment assistance under Article 8 (1) or (2) of the Act does not match the data or information stored in the information and communications networks, etc. referred to in the subparagraphs of paragraph (3) of that Article;
2. Data that cannot be verified through the information and communications networks, etc. referred to in the subparagraphs of Article 8 (3) of the Act.
Article 7(Formulation of employment activity plans) #
The Minister of Employment and Labor shall, in consultation with an eligible recipient under Article 12 (1) of the Act, formulate an employment activity plan for each person (hereinafter referred to as "employment activity plan") that includes the following matters applicable to the recipient:
1. The recipient's requests regarding the type of job such as industry or occupation he or she wishes to pursue, and working conditions, including wages, working hours, and workplace location;
2. The recipient’s ability to work and willingness to seek employment under Article 6 (1) 1 of the Act;
3. The provision of employment assistance programs under Article 13 (1) of the Act (hereinafter referred to as "employment assistance programs");
4. The provision of job search assistance programs under Article 14 of the Act (hereinafter referred to as "job search assistance programs");
5. The period of provision of employment assistance services under Article 15 of the Act;
6. Support for employment activity expenses under Article 16 of the Act;
7. The payment of job search promotion allowances under Article 18 of the Act.
Article 8(Implementation of employment assistance or job search assistance programs) #
If a person recognized as eligible for job search promotion allowances falls under any of the following cases, he or she shall be deemed to have implemented an employment assistance program or job search assistance program (hereinafter referred to as "employment assistance or job search assistance program") and thus shall be paid job search promotion allowance under Article 18 (1) of the Act: <Amended on Feb. 17, 2022>
1. Where he or she completes employment-related courses at a vocational skills development training establishment under the National Lifelong Vocational Skills Development Act or a private teaching institute under the Act on the Establishment and Operation of Private Teaching Institutes and Extracurricular Lessons, in accordance with the employment activity plan;
2. Where he or she participates, in accordance with the employment activity plan, in a government-funded employment program under Article 13-2 of the Framework Act on Employment Policy, which is intended to provide work experience and facilitate career development;
3. Where he or she attends vocational guidance programs offered by employment security offices, etc. as defined in subparagraph 1 of Article 2-2 of the Employment Security Act (hereinafter referred to as "employment security office");
4. Where he or she participates in an employment assistance program under Article 13 (1) 3 of the Act;
5. Where he or she participates in community service activities introduced by the head of an employment security office as part of vocational guidance due to labor market constraints such as insufficient job openings hindering the provision of employment information;
6. Where he or she prepares to start a business meeting standards determined by the Minister of Employment and Labor;
7. Where he or she applies for a job by mail, the Internet, etc., or visits employers, or attends a recruitment-related event for interviews;
8. Where a person who is not an employee as defined in Article 2 (1) 1 of the Labor Standards Act enters into a contract to personally provide labor for another person's business and receive compensation from the relevant business owner or labor recipient, and is deemed to engage in activities to enhance expertise in the relevant business field by the Minister of Employment and Labor;
9. Other cases where he or she is deemed to engage in employment or job search activities deemed equivalent to those prescribed in subparagraphs 1 through 8 by the Minister of Employment and Labor.
Article 9(Reporting of recipients’ income generation) #
"Income prescribed by Presidential Decree" in Article 21 (1) of the Act means the following incomes (hereafter in Article 9-2 referred to as "reportable income"):
1. Income under the subparagraphs of Article 2 (4);
2. Income arising from participation in employment assistance or job search assistance programs (hereafter in Article 9-2 referred to as "program income").
[This Article Wholly Amended on Feb. 6, 2024]
Article 9-2(Criteria for reduction and suspension of job search promotion allowances) #
If reportable income exceeds the monthly payment amount of job search promotion allowances (hereafter in this Article referred to as "monthly payment"), the Minister of Employment and Labor may reduce or suspend such allowances under the former part of Article 21 (4) of the Act, as follows; provided, in cases falling under the proviso of subparagraph 2, the job search promotion allowance shall be deemed paid as program income:
1. Where the reportable income does not exceed the amount classified as follows (hereafter in this Article referred to as "standard amount"): The allowance shall be paid in an amount calculated by subtracting the reportable income from the standard amount, up to the limit of the monthly payment:
a. Where twice the monthly payment exceeds 60/100 of the median income for a single-person household: Twice the monthly payment;
b. Where twice the monthly payment is not more than 60/100 of the median income for a single-person household: An amount equivalent to 60/100 of the median income for a single-person household;
2. If the reportable income exceeds the standard amount, the payment of the allowance shall be suspended; provided, this shall not apply if the amount obtained by subtracting the program income from reportable income does not exceed the standard amount.
[This Article Added on Feb. 6, 2024]
Article 10(Payment methods for job search promotion allowances to protect entitlement) #
(1) "Other unavoidable reasons prescribed by Presidential Decree" in the proviso of Article 22 (1) of the Act means natural disasters or other calamities of similar magnitude.
(2) If the Minister of Employment and Labor is unable to deposit job search promotion allowances, employment activity expenses, and employment success incentives (hereinafter referred to as "job search promotion allowances, etc.") into a designated account in the recipient’s name under the proviso of Article 22 (1) of the Act, the Minister shall deposit the allowances into the relevant account within 30 days after the circumstances causing the delay cease to exist.
[Title Amended on Feb. 6, 2024]
Article 11(Restrictions on payment of job search promotion allowances) #
(1) "Good cause prescribed by Presidential Decree" in the main clause of Article 26 (1) of the Act means the following cases: <Amended on Sep. 7, 2021>
1. Where any jobs, occupation, or vocational skills development training, etc. provided under an employment assistance or job search assistance program does not meet the request prescribed subparagraph 1 of Article 7;
2. Where it is impracticable for a recipient to relocate his or her residence, although he or she needs to do so to participate in an employment assistance or job search assistance program;
3. Where a recipient’s working conditions meet the standards determined by the Minister of Employment and Labor, such as cases where the wage level for jobs and occupations provided under an employment assistance or job search assistance program is less than 80/100 of the prevailing wage for equivalent work or skills in the same region;
4. Where participation in such programs is impossible due to natural disasters or other disasters of similar magnitude, as determined and publicly notified by the Minster of Employment and Labor.
(2) When verifying whether a recipient falls under any subparagraph of paragraph (1), the Minister of Employment and Labor may request documentation supporting such circumstances. <Added on Sep. 7, 2021>
(3) The number of suspensions of the job search promotion allowance under Article 26 (3) of the Act shall be calculated by counting as one instance each payment period during which the Minister of Employment and Labor suspends the payment of the allowance under Article 20 (4) of the Act, due to the recipient's failure to comply with the employment activity plan during that payment period. <Amended on Sep. 7, 2021>
(4) "Number prescribed by Presidential Decree" in Article 26 (3) of the Act means 3 instances. <Amended on Sep. 7, 2021>
Article 12(Restriction period for employment assistance applications due to misconduct) #
“Period prescribed by Presidential Decree” in Article 27 (2) of the Act means 5 years.
Article 12-2(Offsetting of job search promotion allowances) #
(1) The offsetting limit under Article 28 (6) of the Act for reimbursements under Article 28 (1) and (4) of the Act and additional collections under paragraph (2) of that Article (hereafter in this Article referred to as "reimbursements, etc.") shall be determined as follows:
1. Where a person obligated to pay reimbursements under Article 28 (1) of the Act and additional collections under paragraph (2) of that Article is eligible to receive job search promotion allowances, etc.: The full amount of the allowances, etc. to be paid;
2. Where a person obligated to pay reimbursements under Article 28 (4) of the Act is eligible to receive job search promotion allowances, etc.: The amount consented to in writing by the person, within the scope of the allowances, etc. to be paid.
(2) If the Minister of Employment and Labor offsets reimbursements, etc. against job search promotion allowances, etc. under Article 28 (6) of the Act, he or she shall, without delay, notify the person obligated to pay the reimbursements, etc. of such fact.
[This Article Added on Feb. 6, 2024]
Article 13(Reparticipation in employment assistance) #
(1) "Period prescribed by Presidential Decree" in Article 29 (3) of the Act means 3 years.
(2) Notwithstanding paragraph (1), if employment assistance is terminated under Article 29 (1) 1 through 3 of the Act, the restriction period for reapplying for employment assistance may be determined and publicly notified by the Minister of Employment and Labor as a period between 1 year and 3 years.
Article 14(Processing of personally identifiable information) #
The Minister of Employment and Labor (including any person to whom authority, etc. is delegated or entrusted under Article 35 of the Act) may process data containing resident registration numbers or alien registration numbers under subparagraph 1 or 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act, if it is unavoidable for the performance of the following affairs:
1. Processing applications for employment assistance under Article 8 of the Act;
2. Conducting verification and investigations under Article 9 of the Act;
3. Determining and notifying eligible recipients under Article 10 of the Act;
4. Processing applications for suspension of employment assistance under Article 11 of the Act;
5. Formulating employment activity plans under Article 12 of the Act;
6. Providing employment assistance programs under Article 13 of the Act;
7. Providing job search assistance programs under Article 14 of the Act;
8. Extending the period of employment assistance services and conducting follow-up management under Article 15 of the Act;
9. Supporting employment activity expenses under Article 16 of the Act;
10. Paying employment success incentives under Article 17 of the Act;
11. Paying job search promotion allowances under Article 18 of the Act;
12. Processing applications for job search promotion allowances and deciding on payment thereof under Article 20 of the Act;
13. Receiving reports on provision of labor, income generation, etc., conducting investigations thereof, and suspending payment of job search promotion allowances under Article 21 of the Act;
14. Paying job search promotion allowances, etc. under Article 22 of the Act;
15. Restricting payment of job search promotion allowances under Article 26 of the Act;
16. Restricting payment of job search promotion allowances, etc. due to misconduct under Article 27 of the Act;
17. Issuing reimbursement orders, etc. under Article 28 of the Act;
18. Terminating employment assistance and handling re-participation under Article 29 of the Act.
Article 15(Applications and notifications using electronic documents) #
If applications, notifications, etc. are conducted by electronic documents (including the submission of data via computer networks or electronic data-processing systems) under Article 33 (1) of the Act, the employment assistance data network under Article 32 of the Act may be used.
Article 16(Delegation and entrustment of authority) #
(1) The Minister of Employment and Labor shall delegate the following authorities to the head of an employment security office (in the case of Jeju Special Self-Governing Province, referring to the Jeju Special Self-Governing Province Governor), in accordance with Article 35 (1) of the Act: <Amended on Sep. 7, 2021>
1. Implementation of pilot projects under Article 31 of the Act;
2. Requirement for applications, notifications, etc. using electronic documents under Article 33 of the Act;
3. Requests for cooperation, such as the submission of data, etc. under Article 34 (1) and (2) of the Act;
4. Requests for the submission of data or information and requests for the use of relevant information and communications networks necessary for verification under the former part of Article 6 (1);
5. Requests for the submission of data under Article 11 (2);
6. Tasks prescribed in subparagraphs 1 through 18 of Article 14 (excluding those entrusted to private institutions under paragraph (2)).
(2) In accordance with Article 35 (3) of the Act, the Minister of Employment and Labor shall entrust the following tasks, with respect to persons determined and publicly notified by the Minister, such as those recognized as eligible recipients of job search promotion allowances falling under Article 7 (2) 2 of the Act, to private institutions with expertise in employment assistance services, as determined and publicly notified by the Minister of Employment and Labor:
1. Formulation of employment activity plans under Article 12 of the Act;
2. Provision of employment assistance programs under Article 13 of the Act;
3. Provision of job search assistance programs under Article 14 of the Act;
4. Extension of the employment assistance service period and follow-up management under Article 15 of the Act.
(3) If the Minister of Employment and Labor entrusts tasks to a private institution under paragraph (2), he or she may, if necessary for the performance of the entrusted tasks, evaluate the entrusted institution, as determined and publicly notified by the Minister of Employment and Labor.
(4) In accordance with Article 35 (4) of the Act, the Minister of Employment and Labor shall entrust tasks relating to the payment of job search promotion allowances, etc. under the main clause of Article 22 (1) of the Act to any of the following post offices or financial institutions: <Added on Feb. 6, 2024>