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실업급여의 수급자격과 구성체계 -카나다와 한국의 고용보험법을 기초로 한 비교연구- : A Comparative Study on the Unemployment Benefits in Canada and Korea
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- Authors
- Issue Date
- 2004
- Publisher
- 서울대학교 법학연구소
- Citation
- 법학, Vol.45 No.3, pp. 285-308
- Keywords
- 고용보험법 ; 실업급여의 구성체계 ; 법사회학적 접근 ; 실업급여의 수급자격 ; 귀책행위(비행)의 정도
- 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...
- ISSN
- 1598-222X
- Language
- Korean
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