Currently, persons in special types of employment and artists are exposed to the risk of unemployment, and thus they critically need social and economic protection. However, they are not eligible for the employment insurance because there is no separate provision for them in the Employment Insurance Act. Accordingly, the amendment aims to protect persons in special types of employment and artists as much as possible by applying the employment insurance to them so that they are able to secure their lives and be re-employed early if they are unemployed.
In addition, if persons in special types of employment and artists cannot provide labor due to childbirth, miscarriage or stillbirth, they shall be paid maternity benefits to reduce their economic burden owing to childbirth.

Details

A. Stipulate that the employment insurance shall apply to persons in special types of employment and artists among those who are not workers, but for the income, the date of commencement of providing labor, etc. shall be excluded from the application of the Employment Insurance Act if prescribed by Presidential Decree

B. As the amendment specifies the dates of attainment or forfeiture of insured status for persons in special types of employment and artists and requires business owners and labor-providing platform business owners, etc. to manage and report the insured status, etc., stipulate the ground for the attainment of insured status for persons employed in multiple businesses (Article 10, Article 13, Article 14, Article 15, Article 15-2, Article 17, and Article 18)

C. Stipulate the ground for unemployment benefits such as the applicable requirements, qualifying days in covered employment, daily wage for job-seeking benefits, period of covered employment (including addition) so that persons in special types of employment and artists are able to receive unemployment benefits (Article 2 8, Article 39, Article 40, Article 41, Article 43, Article 45 (1) to (5), Article 46, Article 50 (3) to (5), Article 54 (3), and Article 58)

D. Establish the ground that maternity benefits may be provided if persons in special types of employment and artists cannot provide labor due to childbirth, miscarriage or stillbirth (Article 76-2)

E. Establish the provisions that business owners shall report or submit related documents, or relevant persons shall attend, and the clauses of requesting the provision of data from labor-providing platform business owners, etc., prohibition of disadvantages by the business owners upon the request, and punishment in case of violation, to confirm the insured status of persons in special types of employment and artists (Article 108, Article 110-2 and Article 110-3 newly inserted, and Article 118)

F. Improve the provisions according to the application of employment insurance to any other persons in special types of employment and artists (Article 1, Article 2 1 to 3 and 5 to 9, Article 54 (3), Article 61 (3), Article 69-3 1, Article 69-6, Article 70, Article 73-2, Article 75, Article 87, Article 105, Article 107, Article 109 (1), Article 112 (1), Article 113-2 (4), and Article 116)

References

This legislative bill is subject to the resolution of the partial revision to the Act on the Collection of Insurance Premiums, etc. for Employment Insurance and Industrial Accident Compensation Insurance (Bill No. 16361), which was proposed by Han Jeoung-ae, Member of Parliament, and thus, if the legislative bill is not passed or is amended, it should be adjusted accordingly.

Article 15-2 (Report, etc. on insured status of contracted business, etc.) (1) Notwithstanding Article 15 (1), if a business prescribed by Presidential Decree falls under any of the following Subparagraphs, the business owner shall report under Article 15 (1) about the workers, etc., who are not employed by him/herself, employed by a person placing an order, an original contractor, or a subcontractor as prescribed by the Presidential Decree.
1. Where multiple contracts are made in one business and there are multiple original contractors
2. Where one business consisting of multiple contracts has many sub-contractors
(2) If a person who falls under Article 8 (1) 2 uses the labor-providing platform for the provision of his/her labor and pays the labor-providing platform business owner considerations for the use of labor-providing platform according to the number of labors provided, the relevant labor-providing platform business owner shall report the attainment of the insured status of the relevant labor provider in accordance with Article 15 (1) as prescribed by the Presidential Decree.
(3) Business owners such as subcontractors, and workers, etc., shall provide the relevant data, information, etc. if original contractors, etc. request them as prescribed by the Presidential Decree to report the attainment of the insured status in accordance with Paragraph 1 or 2.