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Laws › Employment Insurance Act › CHAPTER V-3 SPECIAL CASES CONCERNING EMPLOYMENT INSURANCE FOR INSURED WORKERS

Employment Insurance Act — Article 77-8 (Job-seeking benefits for insured workers)

고용보험법 제77조의8

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) Job-seeking benefits for a worker shall be payable if all of the following requirements are met; provided, subparagraph 6 shall apply only to a person who was a short-term worker at the time of the most recent job-leaving.

1. The total number of qualifying days in covered employment shall be at least 12 months during the 24 months prior to the date of job-leaving;

2. He or she shall be able and willing to work but unable to secure job (including being engaged in a for-profit business; hereafter the same shall apply in this Chapter);

3. The reasons for job-leaving shall not fall under any of the disqualifying conditions set forth in Article 58 that are applied mutatis mutandis in Article 77-10(2); provided, if the head of an employment security office deems that a person has left a job due to a decrease in income prescribed by Presidential Decree as at the time of job-leaving as a worker, such person shall not be deemed to have a disqualifying condition under Article 58, notwithstanding subparagraph 2a of Article 58, which shall apply mutatis mutandis pursuant to Article 77-10(2);

4. The insured status shall be maintained for at least three months as an insured worker during the 24 months prior to the date of job-leaving;

5. The insured worker shall be actively seeking reemployment;

6. All of the following requirements shall be met:a. The number of days of labor provision during the one month prior to the date of applying for recognition of eligibility for benefits shall be less than 10 days, or there is no record of labor provision for 14 consecutive days prior to the date of applying for recognition of eligibility for benefits;b. Where the insured worker has left a job due to a reason falling under the disqualifying conditions specified in Article 58 which applies mutatis mutandis in accordance with Article 77-10(2) during the qualifying days in covered employment in the 24 months prior to the date of the most recent job-leaving, the insured worker shall have worked as a short-term worker for at least 90 days during the qualifying days in covered employment.

(2) The qualifying days in covered employment referred to in paragraph (1)1 shall be calculated from the date of acquiring the insured status in the business related to the eligibility for benefits as at the time of job-leaving to the date of job-leaving; and where the worker has worked as a person falling under at least two categories among employees, workers, and artists during the 24 months before job-leaving, the qualifying days in covered employment shall be prescribed by Presidential Decree.

(3) The daily wage of a worker shall be the amount obtained by dividing the total remuneration reported pursuant to Article 16-10 of the Act on the Collection of Insurance Premiums for Employment Insurance and Industrial Accident Compensation Insurance for the year preceding the date of the most recent job-leaving related to the recognition of eligibility for benefits by the total number of days of the period based on which the calculation is made; provided, where the daily wage of a worker (excluding a worker who is not subject to the standard remuneration pursuant to Article 3(1)2 of the Act on the Collection of Insurance Premiums for Employment Insurance and Industrial Accident Compensation Insurance) is less than the worker's daily standard remuneration under Article 3 of that Act at the time of the job-leaving, the daily standard remuneration shall be the daily wage. <Amended on Dec. 31, 2022>

(4) Notwithstanding paragraph (3), the daily wage of a worker subject to the proviso of Article 48-3(3) of the Act on the Collection of Insurance Premiums for Employment shall be the amount publicly notified by the Minister of Employment and Labor. <Amended on Jun. 10, 2022>

(5) The daily amount of job-seeking benefits of a worker shall be the amount calculated by multiplying the daily wage under paragraph (3) by 60/100. In such cases, the maximum amount of job-seeking benefits shall be the amount prescribed by Presidential Decree in consideration of the maximum amount of job-seeking benefits, etc. of the insured employee.

(6) A worker shall not be paid job-seeking benefits for seven days regarded as a waiting period beginning from the date of reporting of unemployment under Article 42; provided, if any of the following reasons apply, a period of up to four weeks prescribed by Presidential Decree for each reason under the subparagraphs shall be considered the waiting period and the job-seeking benefits shall not be paid, and if at least two of the following reasons apply, the longest waiting period shall be considered as the waiting period: <Amended on Dec. 31, 2022>

1. Where the job-leaving is due to the reasons under paragraph (1)3;

2. Where an application for recognition of eligibility for benefits has been filed pursuant to Article 43-2(1) and the reason for the job-leaving related to the last-lost insured status falls under the proviso of paragraph (2) of that Article.

(7) The insured period for calculating the prescribed number of days of benefits of a worker shall be the qualifying days in covered employment referred to in paragraph (2); provided, the insured period of a short-term worker shall be the period calculated, as prescribed by Presidential Decree, based on such considerations as the number of days of labor provision during the relevant contract period.

(8) Notwithstanding Article 47, the head of an employment security office shall, if job-seeking benefits are paid to an insured worker, reduce some or all of the benefits for the income accrued from employment, etc. during the period subject to recognition of unemployment, based on such considerations as the income level and the period of activities for labor, as prescribed by Presidential Decree.[This Article Added on Jan 5, 2021]

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