Article 40 (Eligibility Requirements for Unemployment Benefits)

(hereinafter referred to as the "reference period") shall be an aggregate of 180 days or more. 2. The person shall be unable to find employment (including engaging in business for profit. Hereinafter the same shall apply in this Chapter and Chapter V) despite having the will and ability to work. 3. The reason for separation from employment shall not fall under the reasons for disqualification for benefits as prescribed by Article 58. 4. The person shall actively make efforts to re-employment. 5. The person shall fall under any of the following subparagraphs: a. The number of working days from the first day of the month preceding the month in which the application for eligibility for benefits is filed to the date of filing the application for eligibility for benefits shall be less than one-third of the total days during the same period. b. The person, as a construction daily worker (meaning a person who, as a daily worker, was employed in the construction industry under the major classification of the Korean Standard Industrial Classification notified by the head of the National Data Service pursuant to Article 22 (1) of the Statistics Act. Hereinafter the same shall apply), shall have no work history for 14 consecutive days prior to the date of filing the application for eligibility for benefits. 6. If there has been a reason for separation from employment that falls under the disqualification for benefits as prescribed by Article 58 in another workplace during the reference period at the time of final separation from employment, the person shall have worked as a daily worker for 90 days or more during that period of insured employment. ② The reference period shall be 18 months prior to the date of separation from employment. However, if an insured person who is a worker falls under any of the following subparagraphs, the period specified in the following subparagraphs shall be the reference period. <Amended by Act No. 16590, Aug. 27, 2019; Act No. 17862, Jan. 5, 2021> 1. In cases where the person could not receive wages for 30 consecutive days or more due to illness, injury, or other reasons prescribed by Presidential Decree within 18 months prior to the date of separation from employment: a period obtained by adding the number of days for which wages could not be received due to such reasons to 18 months (if it exceeds 3 years, it shall be 3 years). 2. In cases where all of the following requirements are met: 24 months prior to the date of separation from employment a. At the time of separation from employment, the person shall have worked as an employee whose scheduled weekly working hours were less than 15 hours and whose scheduled weekly working days were 2 days or less. b. During the 24 months prior to the date of separation from employment, the person shall have worked for 90 days or more as a worker meeting the requirements of subparagraph a.