those who are married, single or unmarried, divorced, widowed, separated, or remarried
and those who are not.
□ Withholding Unemployment Benefits for Resigning due to Relocation by Divorce
A former daycare center teacher filed a complaint arguing that she was unfairly denied
of unemployment benefits. The complainant was forced to resign from her job as a day
care teacher in XX City of Gyeonggi-do when she relocated to OO City to move in with
her parents after a divorce and unable to commute. When she applied for unemployment
benefits, the XX employment center of the XX Provincial Office of Labor and
Employment rejected her claim that resignation due to relocation following divorce, unlike
relocation following marriage, was not eligible for unemployment benefits.
When questioned by the Commission, the XX employment center responded that they
can approve unemployment benefits when relocation by divorce is recognized as ‘other
inevitable reasons of job change’ as set forth in Article 58 of the Employment Insurance
Act and Article 101 of Enforcement Decree of the Act, but doing so required legitimate
evidences to be submitted to the employment center.
Since dissolution of marriage is as important personal change as marriage that warrants
the necessity and possibility of relocation, the Commission decided that the employment
center’s policy to limit the scope of life-altering changes of workers to cohabitation by
marriage was not reasonable and failed to fully reflect the reality where diverse forms of
family status and life-altering changes are observed.
In addition, given that i) unemployment benefits are of monetary value and to be
provided on time to sustain livelihood while being unemployed; ii) substantial
disadvantages and inconveniences are expected in case when the unemployed enters into a
request for administrative adjudication, etc. instead of seeking jobs; and iii) it is difficult to
ensure effective remedies by through measures such as administrative adjudication, the
Commission rejected the employment center’s claim that the policy was not discriminatory
since there were legal measures to appeal the policy.
Chapter 4. Investigations and Remedies: Discriminatory Acts
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