(1) Reasons for Proposal

With the Employment Insurance Act (Act No. 17429; promulgated on June 9, 2020; to be enforced on December 10, 2020) amended to apply employment insurance to persons who have signed contracts for culture and arts services including artists under the Artist Welfare Act and guarantee unemployment benefits and maternity leave pay, this Partial Amendment aims to set forth specific criteria to apply as prescribed by Presidential Decree including income criteria for excluding insured artists and the method of summing insured periods to receive unemployment benefits.

(2) Major Provisions

A. Coverage of employment insurance for artists (Article 104-5 paragraphs 1 and 2)

With an amendment to the Employment Insurance Act (Act No. 17429; promulgated on June 9, 2020; to be enforced on December 10, 2020), include persons engaging or wishing to engage in the creation, performance, and technical support in the fields of culture and art, in addition to artists under the Artist Welfare Act, into the coverage of employment insurance and prepare eligibility criteria if the average monthly income is 500,000 won or more, which is calculated based on contracts for culture and arts services. 

B. Scope of special cases for reporting artists’ insurance eligibility and dual acquisition (Article 104-5 paragraphs 6, 7, and 8)

Determine the scope of special case projects imposing obligations to report artists’ insurance eligibility on the client or original contractor in the case of multiple or several subcontracts as projects ordered by the central and local governments or public institutions, and prepare a method to recognize the dual acquisition of insurance eligibility for artists. 

C. Criteria for decreased income, which is recognized as a justifiable reason to quit a job with regard to insured artists receiving job-seeking benefits (Article 104-6 paragraph 1)

Specify criteria for decreased income, which is recognized as a justifiable reason to quit a job, to receive job-seeking benefits as when compensation in the 3 months preceding the month of quitting a job has decreased 20% or more compared to the same period from a year earlier or when compensation has decreased 20% or more compared to the same period from a year earlier in 5 or more out of the 12 months preceding to the month of quitting a job.

D. Upper limit of the base daily amount for insured artists’ job-seeking benefits and criteria to calculate the insured period for part-time artists (Article 104-6 paragraph 5)

Set 110,000 won as the daily wage for insured artists, which serves as the basis to calculate their job-seeking benefits, and prepare criteria to convert part-time artists’ insured period on a monthly basis.

E. Payment criteria including maternity leave pay for artists (Article 104-7)

Prepare payment conditions and periods including maternity leave pay for insured artists who cannot provide services due to childbirth, abortion, or miscarriage as equivalent to the payment conditions of workers’ maternity leave pay.

F. Authority delegation, etc. (Article 145 paragraphs 1 and 2 and Article 145-2 paragraphs 1 and 2)

Delegate to the head of the employment security agency the authority to pay and limit job seeking benefits and maternity leave pay for artists, and prepare the basis to delegate to the Korea Workers’ Compensation and Welfare Service matters regarding the receipt of reports about insurance eligibility for insured artists.