Article 104-8 (Eligibility for Job Search Allowance for Insured Artists, etc.)

"Income reduction as prescribed by Presidential Decree" in the proviso to Article 77-3(1)3 of the Act means an income reduction falling under any of the following subparagraphs. However, when a social or economic crisis such as a disaster under the 「Framework Act on Disaster and Safety Management」 occurs, the Minister of Employment and Labor may announce a different timing for comparing income reduction under subparagraphs 1 and 2. <Amended on Jun. 8, 2021, Dec. 6, 2022> 1. Where the income generated from a contract related to cultural and artistic services at the time of separation (hereinafter referred to as "final contract". This shall be the same hereinafter in this Paragraph) during the three months prior to the month in which the separation date falls, has decreased by 20 percent or more compared to the income generated from the final contract during the same period of the previous year (in cases where there was no final contract, income generated from another contract related to cultural and artistic services valid during the same period of the previous year). 2. Where income reduction falling under the following each subparagraph has occurred: a. The average monthly income generated from the final contract during the three months prior to the month in which the separation date falls is less than the average monthly income generated from the final contract in the year prior to the year in which the separation date falls [in cases where there was no final contract, the average monthly income generated from another contract related to cultural and artistic services (limited to those with a contract period of one month or longer) valid in the year prior to the previous year (hereinafter referred to as "previous year's average monthly income")]. b. The number of months where the monthly income generated from the final contract during the 12 months prior to the month in which the separation date falls is less than 20 percent or more of the previous year's average monthly income is five months or more.

If an artist under paragraph (2) falls under any of the following subparagraphs, the calculation formula in paragraph (2) shall be calculated according to the respective subparagraph. <Newly added on Jun. 8, 2021, Jun. 27, 2023> 1. Where insured under the Act as a worker, artist, and labor provider simultaneously during the reference period under Article 40(2)21 of the Act, which is applied mutatis mutandis under Article 77-5(2) of the Act: Calculated by including only the insured earning period as an artist. 2. Where insured under the Act as a worker and a labor provider simultaneously during the reference period under Article 40(2)21 of the Act, which is applied mutatis mutandis under Article 77-5(2) of the Act: Calculated by including only the insured earning period as an artist that is more favorable among the insured earning periods as a worker or labor provider.

"Period prescribed by Presidential Decree" in the proviso to Article 77-3(6) of the Act refers to the period according to the following classifications. <Amended on Jun. 8, 2021, Jun. 27, 2023> 1. In cases falling under Article 77-3(6)1 of the Act: 4 weeks 2. In cases falling under Article 77-3(6)2 of the Act: 2 weeks

Income generated from employment, etc. during the period for unemployment recognition shall be deducted from the job search allowance to be paid, in accordance with Article 77-3(8) of the Act and the following classifications. <Amended on Jun. 8, 2021, Jun. 28, 2022> 1. In cases where an insured artist is deemed to have been employed, etc. due to falling under any of the following each subparagraph: The full amount obtained by multiplying the corresponding working days, days of labor provision, or business days by the daily job search allowance for that period. a. Where labor is provided with a regular working hour of 60 hours or more per month, or 15 hours or more per week. b. Where labor is continuously provided for three months or longer. c. Where labor is provided as a daily worker, or labor is provided as a short-term artist or a short-term labor provider under the proviso to Article 77-6(2)2 of the Act. d. Where labor is provided by newly entering into a contract related to cultural and artistic services (meaning those with an average monthly income of 500,000 won or more) or a labor provision contract (meaning those with a monthly remuneration of 800,000 won or more under Article 104-11(2)1). e. Where it is deemed difficult to be constantly employed by another business due to engaging in one's own business (including unpaid household workers) such as commerce or agriculture, or participating in another person's business and providing labor. f. Where business registration is made in accordance with the 「Income Tax Act」, the 「Value-Added Tax Act」, or the 「Corporate Tax Act」. However, cases where it is proven that business was not actually conducted, such as by filing for suspension of business, and cases of real estate rental business where no workers are employed and no rental office is maintained, are excluded. g. Other cases where employment is recognized by social convention. 2. In cases other than subparagraph 1, where the average daily income generated during the period for unemployment recognition exceeds the amount announced by the Minister of Employment and Labor: The total amount obtained by summing up the amounts exceeding the amount announced by the Minister of Employment and Labor from the average daily income generated during the period for unemployment recognition.