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To be eligible for employment insurance, you must first work at a workplace subject to employment insurance application. A workplace subject to application is automatically applicable if it has 5 or more regular employees. For workplaces with 5 or fewer employees, the employer can join by obtaining the consent of the majority of employees and approval from the head of the local employment and labor office in charge.
According to the amended Employment Insurance Act Article 3 (as of July 12, 2010), excluded workers are as follows.
1) Under Article 10, Paragraph 2 of the Employment Insurance Act, 'persons whose prescribed working hours are less than the hours stipulated by Presidential Decree.' This includes persons whose prescribed working hours are less than 60 hours per month (including those whose prescribed working hours are less than 15 hours per week). However, this applies to persons who provide labor for livelihood purposes and continue to do so for 3 months or more, and daily workers as defined in Article 2, Paragraph 6 of the Employment Insurance Act. 2) Under Article 10, Paragraph 5 of the Employment Insurance Act, 'other persons stipulated by Presidential Decree.' ① Foreign workers. However, the following persons are applicable:
- Persons with residence qualifications under Article 12 of the Enforcement Decree of the Immigration Control Act, such as Resident (D-7), Corporate Investment (D-8), and Trade Management (D-9) (excluding cases where the foreigner's home country law does not apply equivalent insurance premiums and benefits to Republic of Korea nationals), persons with residence qualifications allowing employment activities under Article 23, Paragraph 1 of the Enforcement Decree of the Immigration Control Act (only those who apply for insurance enrollment as prescribed by the Ministry of Employment and Labor), persons falling under Article 23, Paragraph 2, Items 1 and 2 of the Enforcement Decree of the Immigration Control Act, persons with Overseas Korean (F-4) residence qualification under Article 12 of the Enforcement Decree of the Immigration Control Act (only those who apply for insurance enrollment as prescribed by the Ministry of Employment and Labor), persons with Permanent Residency (F-5) residence qualification under Article 12 of the Enforcement Decree of the Immigration Control Act. ② Employees of private post offices under the Private Post Office Act