What happens to job-seeking benefit that hadn’t yet been paid when a claimant dies? Article 57(1) of Korea’s Employment Insurance Act pays the unpaid amount on a claim by the spouse (including a de facto spouse), child, parent, grandchild, grandparent or sibling who shared a livelihood with the claimant, and Article 57(3) ranks them in the order listed. If there are days that could not be recognised because of the death, the claimant must attend the job centre and have unemployment recognised in the deceased’s place (Art. 57(2); Enforcement Decree Art. 76(2)). Tick the family members who lived with them to see who claims, and enter the leaving date to see when the 12-month benefit period ends.
1. Who may claim = six groups, only those who shared a livelihood (Art. 57(1)). Order: spouse → child → parent → grandchild → grandparent → sibling (Art. 57(3)).
2. Two or more at the same rank: one person’s claim counts for all, and payment to one counts as payment to all (Art. 57(3)).
3. The benefit period is 12 months from the day after leaving (Art. 48(1)). Leaving on 31 March 2026 gives 1 April 2026 – 31 March 2027 (our count).
Checker
Results update as you type. Dates as YYYY-MM-DD. The period end is the day 12 months on from the day after leaving (our count). The unpaid amount and whether a livelihood was shared are for the job centre to confirm — this checker only handles rank and dates.
The provisions — text
| Provision | What the text says | Worth noting (our gloss) |
|---|---|---|
| Art. 57(1) | If a claimant dies leaving job-seeking benefit not yet paid, the unpaid amount is paid on a claim by the spouse (including a person in a de facto marriage), child, parent, grandchild, grandparent or sibling who shared a livelihood with the claimant. | This article’s own list, not inheritance order — someone on the list who didn’t share a livelihood drops out (our reading) |
| Art. 57(2) | For a period in which unemployment could not be recognised because of the death, the person claiming must have unemployment recognised for the deceased. If the deceased falls under Article 47(1) (work etc.), the claimant must report it. | If the deceased worked or earned before dying, the claimant reports that too |
| Art. 57(3) | The ranking follows the order listed. If two or more share a rank, one person’s claim is deemed made for all, and payment to one is deemed payment to all. | With three children, one may claim — how to divide is not in the text |
| Decree Art. 76 | File the unpaid-benefit claim form with the employment security office with jurisdiction over the deceased’s application (1). To have unemployment recognised, attend in person, file the form and receive recognition (2). Submit the reports and papers the deceased needed to receive benefit (3). | The deceased’s job centre, not the claimant’s home area |
| Decree Art. 77 | Article 75 applies mutatis mutandis to the payment procedure for such claimants. | Article 75: on the first certification date you report the bank and account (including a benefit account), and payment goes into it (checked 9 November 2026) — so the claimant reports their own account (our reading) |
Is there a deadline? — what we checked
Article 57 and Decree Article 76 set no deadline for claiming the unpaid amount. Article 107 of the Act lists the rights extinguished after 3 years: receiving or returning subsidies, receiving re-employment promotion allowances, having job-seeking benefit returned, and having parental-leave and similar benefits returned — “the right to receive job-seeking benefit” is not on that list (compared article by article). Instead, Article 48(1) pays job-seeking benefit within 12 months from the day after leaving, up to the prescribed benefit days. So the checker shows where the benefit period ends. Whether an unpaid-amount claim still works after those 12 months is not something the text alone settles — contacting the job centre promptly is the safe course (our gloss).
Three results — our examples
| Case (our example) | Result | Worth noting (our gloss) |
|---|---|---|
| Two children and the mother lived with them; no spouse | Rank 2, child claims. One child’s claim counts for both | The mother (rank 3) comes after the children |
| Spouse lived apart; a sibling lived with them | The spouse drops off for not sharing a livelihood; the rank 6 sibling claims | Whether a livelihood was shared is the job centre’s call — the checker takes your ticks as given |
| Left 31 March 2026, died 15 September 2026 | Benefit period 1 April 2026 – 31 March 2027; death falls inside | Leaving on 31 January runs to 31 January the next year (our count) |
Counting the period as “12 months from the next day” matches the unemployment benefit period calculator. General period rules are in the legal period calculator.
What to bring when claiming
- Where — the job centre where the deceased applied (Decree Art. 76(1)).
- What — the unpaid-benefit claim form, plus the reports and papers the deceased would have needed (Art. 76(3)).
- In person — if days after death were unrecognised, the claimant attends and has unemployment recognised (Art. 57(2); Art. 76(2)).
- Work or income — if there was any, the claimant reports it too (Art. 57(2), second sentence).
Checklist
- ☐ The deceased’s eligibility decision and payment history
- ☐ Evidence of a shared livelihood (resident registration etc.)
- ☐ Papers showing the family relationship
- ☐ 12 months from the day after leaving — check the period end
- ☐ Agree among same-rank family who will claim
Questions that remain
Can re-employment promotion allowances be claimed too?
Yes — Article 57 itself speaks only of “job-seeking benefit,” but Act Article 69 applies Article 57(1) and (3) (who may claim, the order, one claim or payment counting for all) and Article 62 (return orders) to promotion allowances, reading “eligible claimant” as “a person entitled to the allowance” (checked 9 November 2026). So unpaid allowances such as the early re-employment allowance read as claimable in the same order. Paragraph 2 (needing unemployment certification) is not on that list (our reading). The allowance types are in the re-employment promotion allowances calculator.
Is the order the same as for unpaid National Pension?
That is a different provision of a different Act. Unpaid National Pension benefits are covered in National Pension payment dates and unpaid benefits.
How is a shared livelihood judged?
Article 57 says only “who shared a livelihood,” and Decree Article 76 sets no test. The checker counts what you tick.
Sources
- Korea Law Information Center — Employment Insurance Act Arts. 48, 57 and 107 — text (current version, in force 18 Sep 2026, Act No. 21473; checked 9 November 2026). The 12-month period, claimants, ranking and substitute recognition for unpaid benefit, the limitation list.
- Korea Law Information Center — Enforcement Decree Arts. 76 and 77 — text (in force 18 Sep 2026, Presidential Decree No. 36588; checked 9 November 2026). Claim form, where to file, attendance, payment procedure.
- Korean law database — Employment Insurance Act Art. 69 and Decree Art. 75 — Act (in force 18 Sep 2026, Act No. 21473) and Decree (in force 18 Sep 2026, Decree No. 36588); checked 9 November 2026. Art. 57(1), (3) and Art. 62 applied to promotion allowances; account report and payment.
- Not read. the Enforcement Rule’s claim form, administrative rulings on “shared livelihood,” the claim form and procedure for unpaid promotion allowances.
- Added by us. The “worth noting” column, the period-end count, the examples.
Where to check further
- The job centre where the deceased applied — the unpaid amount, the form, whether a livelihood was shared.
- Work24 — benefit history.
Written on 9 November 2026. The content is from the source; the glosses are ours.
