(1) The head of an employment security office may order a person who has received job-seeking benefits by fraud or other improper means to return all or part of the benefits as prescribed by Decree of the Ministry of Employment and Labor.
(2) Where the head of an employment security office orders a person to return job-seeking benefits pursuant to paragraph (1), the head may, as prescribed by Decree of the Ministry of Employment and Labor, collect from the person an additional amount not exceeding two times the job-seeking benefits that the person has received by fraud or other improper means; provided, where the person has received the job-seeking benefits by fraud or other improper means by conspiring (referring to where a reason imputable to the business owner, such as a wrong declaration, report, certification, etc. by the business owner, is included by fraud or other improper means; hereinafter the same shall apply) with the business owner (including a representative or employee of the business owner and a person who performs an act for the business owner; hereafter the same shall apply in this Article and Article 116(1)), the head of the employment security office may collect from the person an additional amount not exceeding five times the job-seeking benefits that the person has received by fraud or other improper means.
(3) Where a person who has received job-seeking benefits by fraud or other improper means conspired with the business owner, the business owner shall be jointly and severally liable with the person who has received the job-seeking benefits for the matters under paragraphs (1) and (2).
(4) If a person who is or was eligible for job-seeking benefits has been erroneously paid job-seeking benefits, the head of an employment security office may order the person to return the job-seeking benefits.
(5) Where a person who is to return job-seeking benefits or to pay an additional amount to be collected pursuant to paragraph (1),(2), or (4) is eligible for other job-seeking benefits under this Act, the head of an employment security office may allocate such job-seeking benefits to the amount to be returned or the additional amount to be collected pursuant to paragraph (1),(2), or (4), as prescribed by Presidential Decree.[This Article Wholly Amended on Aug. 27, 2019]