(1) Reasons for Proposal

This amendment aims to determine matters related to the acquisition and loss report of workers’ insured status, the decision on the payment of job-seeking benefits, and the application and payment of maternity benefits, etc., as the Employment Insurance Act to which the employment insurance of workers is applied has been revised (Act No.17859; promulgated on January 5, 2021; to be enforced on July 1, 2021); reorganize the priorities of acquiring the insured status of employment insurance to address the problem that recipients of unpaid leave and unpaid leave subsidies lose their insured status when working at another workplace during leave due to the impact of COVID-19, etc., or the subsidy is incorrectly paid; and improve sanctions, etc., for the benefits fraud of subsidies for employee retention and unemployment benefits. Also, as the Act for Partial Amendment of 65 Acts under the Jurisdiction of the Environment and Labor Committee for the Improvement of Legal Terms (Act No. 17326) was promulgated on May 26, 2020, and enforced on August 28, 2020, the amendment aims to reorganize clauses in accordance with the redefined legal terminology. 

(2) Major Provisions

A. Insured status acquisition priorities of employment insurance (Article 14 (1) 1 revised) 

Define the priorities of acquiring the insured status of employment insurance to address the problem that recipients of unpaid leave and unpaid leave subsidies lose their insured status when working at another workplace during leave due to the impact of COVID-19, etc., or the subsidy is incorrectly paid.

B. Ways of acquiring insured status when an insured person is self-employed and a worker at the same time (Article 14 (2) and (3) revised) 

In the case where an insured person who is self-employed is insured as a worker at the same time, require that the self-employed person lose his/her insured status and acquire insured status as a worker and allow the self-employed person to maintain or acquire insured status as a self-employed person if he/she wants.

C. Provide the basis for changing the point of comparison for the sales, etc., of business owners who receive employment maintenance subsidies (Article 34 (2) newly inserted) 

Allow setting the point of comparison for sales, etc., if the employment crisis situation, including COVID-19, lasts for a long time (more than 6 months).

D. Standards for the recognition of employment (Article 92, subparagraph 3 revised and Article 92, subparagraphs 5 and 6 newly inserted) 

In the case where an employee is currently providing labor as an artist or worker subject to ipso facto subscription to employment insurance when he/she receives job-seeking benefits, define relevant matters due to the absence of standards for the recognition of employment.

E. Sanctions, etc., for unemployment benefits fraud (Article 105 (3) revised) 

Change the standard of the additional collection amount based on the number of benefits frauds to resolve the gap between the additional collection amounts and clarify the subject of immediate payment.

F. Guarantee maternity benefits for fixed-term and temporary agency employees (Article 121-3 newly inserted) 

In the case where the contract term expires while a fixed-term or temporary agency employee is on maternity leave, set out specific implementation plans for the applications and payments entrusted by the Act, as Article 76-2 of the Employment Insurance Act that can pay an equivalent amount of maternity benefits for the remaining leave period was newly established.

G. Acquisition and loss of the insured status of the insured who are workers (Articles 125-8 and 125-9 newly inserted) 

Require that when any business owner reports matters concerning the acquisition or loss of the insured status of a worker, he/she shall submit the report form on the insured status acquisition of employment insurance or the report form on the insured status loss of employment insurance to the Korea Labor Welfare Corporation, and when a worker directly reports the matters related to the acquisition or loss of status, he/she shall follow the report form on the insured status of employment insurance for employees, artists, and workers.

H. Decision on payment, etc., of job-seeking benefits for the insured person who is a worker (Article 125-10 newly inserted) 

Require that the notification of a decision to pay job-seeking benefits, application for the recognition of eligibility for benefits, certificate of eligibility for benefits, application for unemployment authorization, etc., for the insured who are workers is handled in accordance with matters related to job-seeking benefits for employees.

I. Application and payment of maternity benefits of the insured who are workers (Articles 125-11 and 125-12 newly inserted) 

Any insured person who is a worker who intends to receive maternity benefits shall attach documents such as a birth certificate, medical institution's certificate, etc., that can prove a miscarriage or stillbirth to an application for maternity benefits, etc., for workers and a confirmation of no labor being provided and submit them to the head of the competent employment security center, and, in principle, the application for payment shall be made every 30 days for the period of payment of maternity benefits, etc.

J. Terminology improvement, etc., according to legal terminology reorganization (Article 2 revised, etc.) 

As the Act for Partial Amendment of 65 Acts under the Jurisdiction of the Environment and Labor Committee for the Improvement of Legal Terms (Act No. 17326) was promulgated on May 26, 2020, and enforced on August 28, 2020, aim to reorganize clauses in accordance with the redefined legal terminology.

K. Modifying attached forms (Form 1 revised, etc.) 

Aim to revise the form to reflect the improvement of the employment insurance system and the contents for the convenience of civil petitioners.