Article 104-15 (Eligibility Requirements for Job-Seeking Allowances for Insured Individuals Providing Labor Services, etc.)

"Reduction in income prescribed by Presidential Decree" in the proviso to Article 77-8, Paragraph 1, Subparagraph 3 of the Act means a reduction in income falling under any of the following subparagraphs. However, the Minister of Employment and Labor may designate and announce different periods for comparing the reductions in income under Subparagraphs 1 and 2 in cases where social or economic crises, such as disasters under the 「Framework Act on Disaster and Safety Management」, occur. <Amended by 2022.12.6> 1. Where income generated from the labor service contract at the time of separation (hereinafter referred to as the "final contract." The same applies in this paragraph) during the three months preceding the month of separation has decreased by 30 percent or more compared to the income generated from the final contract during the same period of the preceding year (if there was no final contract, it refers to income generated from another labor service contract valid during the same period of the preceding year). 2. Where income reductions falling under the following items have both occurred: a. The monthly average amount of remuneration generated from the final contract during the three months preceding the month of separation is less than the monthly average amount of remuneration generated from the final contract in the year preceding the year of separation (if there was no final contract, it refers to the monthly average amount of remuneration generated from another labor service contract valid in the preceding year (only those with a contract period of one month or more). This is hereinafter referred to as the "preceding year's monthly average amount" in item b). b. The number of months where the monthly remuneration generated from the final contract during the 12 months preceding the month of separation is less than the preceding year's monthly average amount by 30 percent or more is five months or more.

For a labor service provider referred to in Paragraph 2, the calculation formula in Paragraph 2 shall be applied according to the following subparagraphs if they fall under any of the following subparagraphs: 1. Where simultaneously insured as a worker, artist, and labor service provider during the standard period referred to in Article 40, Paragraph 2, Subparagraph 1 of the Act, as applied mutatis mutandis under Article 77-10, Paragraph 2 of the Act: Calculated by including only the insured earning period as a labor service provider. 2. Where simultaneously insured as a worker and an artist during the standard period referred to in Article 40, Paragraph 2, Subparagraph 1 of the Act, as applied mutatis mutandis under Article 77-10, Paragraph 2 of the Act: Calculated by including only the insured earning period that is more favorable to the insured individual as a labor service provider among the insured earning periods as a worker or artist.

The "period prescribed by Presidential Decree" in the proviso to Article 77-8, Paragraph 6 of the Act shall be the period according to the following subparagraphs. <Amended by 2023.6.27> 1. Where the degree of income reduction under Subparagraph 1 or 2 of Paragraph 1 is 30 percent or more and less than 50 percent: 4 weeks. 2. Where the degree of income reduction under Subparagraph 1 or 2 of Paragraph 1 is 50 percent or more, or where Article 77-8, Paragraph 6, Subparagraph 2 of the Act applies: 2 weeks.

Income generated from employment, etc. during the period subject to unemployment recognition shall be deducted from the job-seeking allowance and paid according to Article 77-8, Paragraph 8 of the Act and the following subparagraphs. 1. Where the insured individual providing labor services is deemed to have been employed, etc. under any item of Article 104-8, Paragraph 7, Subparagraph 1: The entire amount obtained by multiplying the corresponding number of workdays, labor service days, or business days by the daily job-seeking allowance for those days. 2. In cases other than Subparagraph 1, where the average daily income generated during the period subject to unemployment recognition exceeds the amount announced by the Minister of Employment and Labor: The total amount obtained by subtracting the amount calculated according to the announcement of the Minister of Employment and Labor from the average daily income generated during the period subject to unemployment recognition.