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Employment Insurance Act — Article 35 (Restriction on assistance due to improper acts)

고용보험법 제35조

This English translation is based on the Korean text effective 2025-10-01. The Korean law has since been amended (current version effective 2026-09-18) — check the Korean original.

(1) With respect to a person who attempts to obtain, or has already obtained assistance provided in relation to any program for employment security and vocational skills development prescribed in this Chapter by fraud or other improper means, the Minister of Employment and Labor shall not provide the subsidies sought nor the remainder of subsidies yet to be offered, and shall restrict further assistance, as prescribed by Presidential Decree, within one year, and issue an order to return the subsidies already provided by fraud or other improper means. <Amended on Dec. 31, 2008; Jun. 4, 2010; Jan. 20, 2015>

(2) In issuing an order for return pursuant to paragraph (1), the Minister of Employment and Labor may charge an additional amount based on the criteria set forth by Decree of the Ministry of Employment and Labor, which may not exceed five times the full amount subject to return that the person has obtained by fraud or other improper means. <Amended on Dec. 31, 2008; Jun. 4, 2010>

(3) Where a person who obtained assistance provided in relation to a program for employment security and vocational skills development has received an erroneously paid subsidy, the Minister of Employment and Labor may order him or her to return the subsidy. <Added on Aug. 27, 2019>

(4) Notwithstanding paragraphs (1) and (2), Articles 55 and 56 of the Act on the Development of Lifelong Vocational Skills of Citizens shall apply mutatis mutandis to restriction on assistance, return and additional collection for those who have received or intend to receive assistance for vocational skills development programs by fraud or other improper means. <Added on Dec. 31, 2008; May 31, 2010; Aug. 27, 2019; Jan. 5, 2021; Aug. 17, 2021>

(5) The Minister of Employment and Labor may refuse to provide assistance for employment security and vocational skills development programs prescribed in this Chapter to those who are in arrears on premiums, as determined by Decree of the Ministry of Employment and Labor. <Amended on Dec. 31, 2008; Jun. 4, 2010; Jul. 21, 2011; Aug. 27, 2019>[Article 35(1) is amended on Jan. 20, 2015 (Act No. 13041) in accordance with the Constitutional Court's decision that held this paragraph unconstitutional on Aug. 29, 2013]

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