Notwithstanding Article 40, an insured employee shall be disqualified for benefits if the head of an employment security office determines that any of the following subparagraphs applies to the insured employee: <Amended on Jun. 4, 2010; May 26, 2020>
1. An insured employee who has been dismissed for any of the following serious causes attributable to him or her:a. Any violation of the Criminal Act or any duty-related Act that resulted in a sentence of imprisonment without labor or greater punishment;b. Gross misconduct that caused serious damage to the employing unit's business or property as satisfying the criteria set forth by Decree of the Ministry of Employment and Labor;c. Prolonged unauthorized absence without good cause in breach of the employment contract or work rules;
2. An insured employee whose job-leaving was due to his or her own circumstances falling under any of the following cases:a. A resignation to take up a new job or to start one's own business;b. A resignation following the business owner's recommendation to resign rather than face dismissal for gross misconduct prescribed in subparagraph 1;c. A resignation for any reason other than good cause, as prescribed by Decree of the Ministry of Employment and Labor.