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Employment Insurance Act — Article 45 (Daily wage as basis for computation of benefits)

고용보험법 제45조

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) The daily wage to be used as basis for computation of job-seeking benefits (hereinafter referred to as "daily wage") shall be the average wage computed as provided for in Article 2(1)6 of the Labor Standards Act at the time of the most recent job-leaving related to recognition of eligibility for benefits prescribed in Article 43(1); provided, with respect to an employee who had attained insured status on at least two occasions in the three-month period immediately preceding the date of the most recent job-leaving, the daily wage shall be computed by dividing the total amount of wages paid to the employee during the three-month period immediately preceding the date of such most recent job-leaving (for daily hire employees, the first three months out of the last four months immediately preceding the date of the most recent job-leaving) by the total number of calendar days in that three-month period.

(2) If the amount of an employee's daily wage computed as provided for in paragraph (1) is less than the amount of the standard wage applicable to the employee, as prescribed by the Labor Standards Act, then the amount of such standard wage shall be deemed the employee's daily wage; provided, the same shall not apply to those whose most recent job-leaving was as a daily hire employee. <Amended on May 26, 2020>

(3) If it is impracticable to compute an employee's daily wage in accordance with paragraphs (1) and (2) or if the amount of an employee's insurance premium has been determined on the basis of the standard remuneration under Article 3 of the Act on the Collection of Insurance Premiums for Employment Insurance and Industrial Accident Compensation Insurance (hereinafter referred to as "standard remuneration"), then the standard wage shall be deemed the employee's daily wage; provided, the same shall not apply if the standard remuneration of an employee, the amount of whose insurance premium has been determined on the basis of that standard remuneration is less than the daily wage computed as provided for in paragraphs (1) and (2). <Amended on Jan. 27, 2010; Jan. 5, 2021>

(4) Notwithstanding paragraphs (1) through (3), if an eligible recipient's daily wage computed in accordance with such provisions is less than the amount obtained by multiplying the number of hours worked per day prior to job-leaving by the minimum hourly wage under the Minimum Wage Act effective at the time of job-leaving (hereinafter referred to as "minimum daily wage"), then the minimum daily wage shall be deemed the eligible recipient's daily wage. In such cases, the number of hours worked per day prior to job-leaving shall be calculated in the manner prescribed by Decree of the Ministry of Employment and Labor. <Amended on Jan. 20, 2015>

(5) Notwithstanding paragraphs (1) through (3), if an eligible recipient's daily wage computed in accordance with such provisions exceeds the amount set by Presidential Decree in view of the purposes of the insurance, prevailing wage levels, and other considerations, then the amount set by Presidential Decree shall be deemed the eligible recipient's daily wage.

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