실업급여의 수급자격과 구성체계 -카나다와 한국의 고용보험법을 기초로 한 비교연구-

Abstract

This Article attempts to establish long-term goal for improvement of

Unemployment Benefits(UB) in the Korean Employment Insurance Act(KEIA) by

compare the difference of UB between in the Canadian Employment Insurance

Act(CEIA) and in KEIA. The author chooses statutes of CEIA and KEIA as

comparative basic materials for clarifying the difference of UB. He limits the

scope of comparative study to two categories of entitlement and types of UB.

Firstly, the author points out the differences in two critical requirements of

entitlement of UB; just cause for voluntarily leaving employment or being not

misconduct for dismissal and efforts to search for suitable employment. In

CEIA section 30(1) states that a claimant is disqualified when he or she quits

without just cause or when he or she is fired due to his or her own misconduct,

and section 50(8) requires that a claimant prove he or she is making reasonable

and customary efforts to obtain suitable employment. 1) Just cause is generally

defined under section 29(c) of CEIA as having regard to all the circumstances,

the individual had no reasonable alternative to leaving the employment, and

sections 29(c)(i)-(xiv) of CEIA specifically provide a list of the circumstances

that can constitute just cause. Contrary to CEIA, in KEIA there is no general

definition provision of just cause and a specific list of it. 2) Misconduct is

not defined in CEIA and KEIA, therefore the word must be commonly given its

meaning by legal interpretation. 3) In KEIA there is no counterpart of suitable

employment of CEIA.

Secondly, he also analyses the differences in the structure and the types of...