The National Human Rights Commission of Korea (NHRCK) submitted a recommendation that the Ministry of Employment and Labor would introduce a measure to qualify individuals, who are out of work for relocation through divorce, for unemployment compensation program.
Ms. A filed a complaint that the Ministry of Employment and Labor refused her eligibility for unemployment compensation as relocation through marriage was recognized as justifiable cause for resignation, but not through divorce. She explained that she had to quit her job after divorce, being unable to cope with raising her children alone and 3 hours of daily commuting. She claimed that the eligibility requirements for unemployment compensation were discriminatory.
Unemployment compensation program is a form of unemployment insurance jointly financed by employees and employers, providing temporary wage replacement benefits to qualified individuals who are out of work through 'justifiable cause' (Employment Protection Act).
The Ministry of Employment and Labor responded that unemployment compensation had not been paid to those who are out of work for relocation through divorce as it was not specified in the procedural rules and regulations but only mentioned for relocation through marriage. However, it further expanded that relocation through divorce may be qualified for unemployment compensation. In the case of refused application, requests for reassessment could be made in compliance with the Employment Protection Act.
However, the NHRCK considered that it is discriminatory to refuse unemployment compensation for those applied on the ground of relocation through divorce. It also recognized that unemployment compensation should be paid timely during the unemployment period to provide temporary financial assistance to the unemployed. Application for reassessment without any forms of financial assistance may cause disadvantages and inconveniences. Moreover, divorce is also major change for individuals' personal life as well as marriage. Thus, it is unreasonable to specify only relocation by marriage as justifiable causes for the compensation in the procedural rules and regulations, not reflecting diverse forms of families and personal lives.
