I. Legal Basis

2014 Social Insurance Law

2013 Labor Law

II. Conditions for Receiving Unemployment Benefits

1. Termination of Labor Contract or Work Contract, Except in the Following Cases

• The worker unilaterally terminates the labor contract or work contract illegally;
• Receiving pension or monthly disability benefits.

2. Paid Unemployment Insurance for at Least

• 12 months within the 24 months before terminating the labor contract for cases of indefinite or definite labor contracts.
• 12 months within the 36 months before terminating the labor contract for cases of seasonal labor contracts or fixed-term contracts (from 3 months to less than 12 months).

3. Registered for Unemployment and Submitted Application for Unemployment Benefits at the Employment Service Center

• The worker must register for unemployment at the Employment Service Center within 3 months from the termination of the labor contract.

4. Not Finding Employment Within 15 Days of Submitting the Unemployment Benefit Application, Except in the Following Cases

• Performing military or police duties;
• Studying for a period of 12 months or more;
• Serving a sentence in a reform school, compulsory educational facility, or rehabilitation center;
• Being detained or serving a prison sentence;
• Emigrating or working abroad under a contract;
• Deceased.

=> To be eligible for unemployment benefits, the worker must have paid the required length of insurance (at least 12 months within 24 months before job loss) and not have violated the law in terminating the contract.

III. Can Workers Who Have Taken Social Insurance (BHXH) Once Receive Unemployment Benefits Later?

Social insurance (BHXH) and unemployment insurance (BHTN) are two separate insurance systems. A worker can withdraw social insurance benefits once but can still receive unemployment insurance later, as long as they continue to participate in social insurance.

When a worker resumes employment and pays social insurance, the time spent contributing to unemployment insurance will be accumulated, including the period before they withdrew social insurance benefits once. This means that if the worker resigns and meets the eligibility criteria, unemployment benefits will be calculated from the total time of insurance contributions that haven’t been used, including the period before the social insurance withdrawal.

To protect the right to unemployment insurance benefits after withdrawing social insurance benefits, the worker should request the insurance agency to issue a certificate of preserved participation in unemployment insurance. This will preserve the time spent contributing to unemployment insurance before and after the withdrawal, ensuring benefits when the worker resigns and wishes to claim unemployment benefits in the future.

IV. About Us, Hankuk Law Firm

■ Hankuk Law Firm – Introduction

The goal of the legal services provided by HANKUK LAW FIRM is to support businesses, investors, and people. Our organization employs skilled Korean lawyers, partners, and professionals to provide legal services to businesses related to corporations and litigation.

To support the startup process, our lawyers and staff provide a wide range of services, including business law consulting, tax and immigration law consulting, real estate services, business consulting, marketing and communications, human resources, product distribution, franchise options, etc. We provide expert advice on every aspect of your business needs.

To protect the legitimate rights and interests of our clients and achieve the best results, we provide legal advice and participate in civil lawsuits related to business, labor, marriage, family, and inheritance.

■ Contact us now

For reliable and effective legal advice, please contact HANKUK LAW FIRM now. We are committed to providing you with the best possible answers and our team of experienced lawyers has extensive knowledge in many legal fields. We are always here to provide the most competent and dedicated support, whether you are dealing with contractual issues, commercial disputes or need guidance on foreign investment. HANKUK LAW FIRM is honored to have assisted hundreds of domestic and international clients in skillfully resolving complex legal issues as their trusted legal partner. Do not let legal issues hinder your success. Let us accompany you towards legal achievement and comfort. For prompt guidance and support to ensure your rights are always maintained at the highest standards, contact HANKUK LAW FIRM now.

■ Contact Hankuk Law Firm:

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