Enforcement Decree of the Act on Foreign

Workers' Employment, etc.

Presidential Decree No. 18314, Mar. 17, 2004

Article 1 (Purpose)

The purpose of this Decree is to stipulate matters delegated by the Act on

Foreign Workers' Employment, etc. and those necessary for the
enforcement thereof.

Article 2 (Foreign Workers Excluded from Application)

"Those determined by the Presidential Decree" in the proviso of Article 2

of the Act on Foreign Workers' Employment, etc.(hereinafter referred to as
"the Act") refer to persons falling under any of the following
subparagraphs :

1. Persons classified as 9. Short-term Employment (C-4), and 19. Professor

(E-1) through 25-2. Employment for Training (E-8) among the sojourn
statuses prescribed in Article 23 (1) of the Enforcement Decree of the
Immigration Control Act;

2. Persons who are not restricted in their activities according to the

classification of sojourn status under Article 23 (2) through (4) of the
Enforcement Decree of the Immigration Control Act; and

3. Persons classified as 30. Employment in Tourism(H-1) pursuant to

Article 23 (3) of the Enforcement Decree of the Immigration Control Act,
and engaging in employment activities.

Article 3 (Matters Subject to Deliberation and Decision by Foreign

Workforce Policy Committee)

"Other matters determined by the Presidential Decree" in Article 4 (2) 4 of

the Act refer to matters described in the following subparagraphs:

1. Matters concerning businesses or workplaces which are permitted to

employ foreign workers;

2. Matters concerning the number of foreign workers that can be employed

by businesses or workplaces;

3. Matters concerning the types of occupation eligible for introduction of

foreign workers and the volume of introduction from each country
permitted to send foreign workers (hereinafter referred to as the "sending
country");

4. Matters concerning the protection of the rights and interest of foreign

workers; and

5. Other matters recognized by the chairman of the Foreign Workforce

Policy Committee (hereinafter referred to as the "Policy Committee") as
necessary for the employment, etc. of foreign workers.

Article 4 (Composition of Policy Committee)

"Administrative agencies determined by the Presidential Decree" in Article

4 (4) of the Act refer to the Ministry of Education and Human Resources
Development, the Ministry of Government Administration and Home
Affairs, the Ministry of Science and Technology, the Ministry of Culture
and Tourism, the Ministry of Agriculture and Forestry, the Ministry of
Information and Communication, the Ministry of Health and Welfare, the
Ministry of Construction and Transportation, the Ministry of Maritime
Affairs and Fisheries and the Ministry of Planning and Budget.

Article 5 (Duties of Chairman of Policy Committee)

(1) The chairman of the Policy Committee shall represent the Policy
Committee and command the affairs there of.

(2) In case the chairman of the Policy Committee cannot perform his duties
for unavoidable reasons, a member appointed by the chairman shall take
the place of the chairman.

Article 6 (Operation of Policy Committee)

(1) The chairman of the Policy Committee shall convene and preside over
meetings of the Policy Committee.

(2) Meetings shall be opened in the presence of a majority of entire

members, and decision shall be made by the approval of a majority of the
members present.

(3) The Policy Committee shall have one secretary to handle its
administrative affairs, and the secretary shall be appointed by the chairman
from among grade 2 or 3 public officials of the Office for Government
Policy Coordination.

(4) The Policy Committee may call on relevant administrative agencies or

groups to submit materials, or relevant public officials or experts to attend
its meetings and state their opinions, if it is deemed necessary in
deliberating and deciding on its agenda items.

(5) The relevant persons attending meetings pursuant to paragraph (4) may
be paid allowances and traveling expenses within the limit of budgets :
provided, that this shall not apply in the case of public officials whose job
is related to the matter concerned.

(6) Matters necessary for the operation of the Policy Committee other than
those prescribed by this Decree shall be determined by the chairman of the
Policy Committee after going after decision by the Policy Committee.
Article 7 (Composition and Operation of Foreign Workforce
Employment Committee)

(1) The Foreign Workforce Employment Committee (hereinafter referred

to as the "Employment Committee") under Article 4 (5) of the Act shall be
composed of up to 25 members including one chairman.

(2) The Employment Committee shall be composed of members

representing workers (hereinafter referred to as “ workers' members” ),
members representing employers (hereinafter referred to as “ employers'
members” ), members representing public interests (hereinafter referred to
as “ public interest members” ) and members representing the
government (hereinafter referred to as “ government members” ), and
have equal numbers of workers' and employers' members.

(3) The chairman of the Employment Committee shall be the Vice Minister
of Labor and the members of the Employment Committee shall be persons
falling under any of the following subparagraphs, who are entrusted or
appointed by the chairman of the Employment Committee:

1. Workers' members shall be persons recommended by a federation of

trade unions;

2. Employers' members shall be persons recommended by a nationwide

employers' association;

3. Public interest members shall be persons with plenty of knowledge and

experiences in employment of foreign workers, protection of their rights
and interests, etc. ; and

4. Government members shall be Grade 2 or 3 public officials of relevant

central administrative agencies who carry out jobs related to foreign
workers.

(4) The tenure of a member of the Employment Committee prescribed in

paragraph (2) shall be two years. In the case of government members, the
tenure shall be the same as his/her term of office.

(5) The Employment Committee shall deliberate the matters to be

deliberated and decided by the Policy Committee and report the result of its
deliberation to the Policy Committee.

(6) The Employment Committee may pay allowances and travel expenses
within the limit of budgets to members prescribed in paragraph (2):
provided, that this shall not apply in the case of public officials whose job
is related to the matter concerned.

(7) The provisions of Articles 5 and 6 (excluding paragraphs (2) and (3) of
Article 6) shall apply mutatis mutandis in respect of the Employment
Committee. In this case, the "Policy Committee" shall be regarded as the
"Employment Committee".

Article 8 (Announcement of Foreign Worker Introduction Plan)

"Methods determined by the Presidential Decree" in Article 5 (1) of the Act

refer to making a public announcement through those described in the
following subparagraphs:

1. Official gazette;

2. Daily newspapers registered as being circulated around the nation

pursuant to Article 7 (1) of the Registration, etc. of Periodicals Act; and

3. Internet

Article 9 (Survey and Research Project)

The Minister of Labor may conduct a survey or research project concerning

matters described in the following subparagraphs to support foreign
worker-related work pursuant to Article 5 (3) of the Act:

1. Trends in labor shortages by domestic industry and occupation;

2. Current state of employment and working conditions for foreign workers

such as wages;

3. Degree of employers' satisfaction with the employment of foreign

workers;

4. Compliance with requirement of consultation under Article 12 (1);

5. Foreign workers' adaptation to life in Korea and promotion of their

understanding about Korea; and

6. Other matters recognized by the Minister of Labor as necessary for the

introduction and management of foreign workers.

Article 10 (Conditions for Issuing a Document Confirming Labor

Shortages)

"Conditions determined by the Presidential Decree" in Article 6 (3) of the

Act refer to those described in the following subparagraphs:

1. The type of occupation shall belong to those determined by the Policy

committee to be permitted for the introduction of foreign workers, and the
business or workplace shall belong to those permitted to employ foreign
workers;

2. Notwithstanding his/her efforts to seek native workers for longer than a

period determined by the Ordinance of the Ministry of Labor, the employer
shall fail to hire all or some of his/her needed workers from native workers
who have registered themselves as job-seekers with Employment Security
Centers (hereinafter referred to as the "Employment Security Center")
prescribed in subparagraph 1 of Article 4 of the Employment Security Act:
provided, that this shall not apply in case the employer refuses twice or
more without justifiable reasons to hire native workers notwithstanding job
placement services provided by an Employment Security Center pursuant
to Article 6 (2) of the Act;

3. The employer shall not dismiss native workers due to employment

adjustment during a period between two months before the date of
submitting an application for seeking native workers pursuant to Article 6
(1) of the Act and the date of having a document confirming labor
shortages issued;

4. The employer shall not defer wages during a period between five months
before the date of submitting an application for seeking native workers
pursuant to Article 6 (1) of the Act and the date of having a document
confirming labor shortages issued; and

5. The employer shall be covered by employment insurance under the

Employment Insurance Act and industrial accident compensation insurance
under the Industrial Accident Compensation Insurance Act: provided, that
this shall not apply to businesses or workplaces not subject to the
Employment Insurance Act and the Industrial Accident Compensation
Insurance Act.

Article 11 (Extension of Valid Period of Document Confirming Labor

Shortages)

(1) The head of an Employment Security Center may extend the valid
period of a document confirming labor shortages by up to three months, in
case an employer applies for its extension before expiration pursuant to
Article 6 (4) of the Act due to reasons falling under any of the following
subparagraphs:

1. When the employer cannot hire new workers due to temporary business
difficulties or unexpected reduction in operation; and

2. When the employer cannot continue his/her business due to natural

disasters and other unavoidable reasons.

(2) The head of an Employment Security Center may, upon receiving an

application for extending the valid period of a document confirming labor
shortages pursuant to paragraph (1), extend it after checking if there are
reasons for extension of valid period. In this case, the valid period of a
document confirming labor shortages shall be counted from the date of
extending its validity.
Article 12 (Preparation of Roster of Foreign Job Seekers)

(1) The Minister of Labor shall consult with a sending country over matters
described in the following subparagraphs, when preparing a roster of
foreign job seekers pursuant to Article 7 (1) of the Act.

1. Matters concerning workforce sending and introduction;

2. Matters concerning the types of occupation for which workforce is sent,

and the size of sending workforce;

3. Matters concerning organizations responsible for selecting candidates to

be sent, selection criteria and methods;

4. Matters concerning the administration of a test to evaluate Korean

Language Proficiency (hereinafter referred to as the "Korean Language
Proficiency Test) prescribed in Article 7 (2) of the Act; and

5. Other matters recognized by the Minister of Labor as necessary to send

and introduce foreign workers.

(2) The Minister of Labor shall prepare and manage a roster of foreign job
seekers based on a list of candidate workers sent by a sending country.

Article 13 (Korean Language Proficiency Test)

(1) The Minister of Labor shall select an agency responsible for

administering the Korean Language Proficiency Test in consideration of
matters described in the following subparagraphs pursuant to Article 7 (3)
of the Act:

1. Administrative and financial capability to administer the Korean

Language Proficiency Test;

2. Possibility of administering the Korean Language Proficiency Test

objectively and fairly;

3. Adequacy of the contents of the Korean Language Proficiency Test; and

4. Other matters recognized by the Minister of Labor as necessary for the

smooth implementation of the Korean Language Proficiency Test.

(2) The Korean Language Proficiency Test shall be provided five times
each year, and shall be in written multiple choice format, in principle, but
may be supplemented with written subjective test items.

(3) The Korean Language Proficiency Test shall include questions about
understanding of Korean culture, and basic things, such as safety and health
needed for work.

(4) A Korean Language Proficiency Test agency selected pursuant to

paragraph (1) shall report matters described in the following subparagraphs
to the Minister of Labor by the end of each November:

1. The implementation result of the Korean Language Proficiency Test in

the year concerned and plans for the Korean Language Proficiency Test in
the following year;

2. Matters concerning the establishment and implementation of measures to

prevent cheating in the Korean Language Proficiency Test;

3. Application fees for the Korean Language Proficiency Test; and

4. Other matters determined by the Minister of Labor in relation to the

administration of the Korean Language Proficiency Test.

(5) Detailed criteria and procedures for the selection of an agency

responsible for administering the Korean Language Proficiency Test, and
other necessary details concerning the implementation of the Korean
Language Proficiency Test shall be determined and announced by the
Minister of Labor.
Article 14 (Issuance of Employment Permit, etc.)

(1) The head of an Employment Security Center shall, when an employer

applies for the issuance of employment permits pursuant to Article 8 (1) of
the Act, issue the employer with employment permits, if the employer has
continued to meet conditions (excluding conditions prescribed in
subparagraph 2 of Article 10) for issuing a document confirming labor
shortages prescribed in Article 10 since its issuance until the issuance of
employment permits: provided, that if the employer issued with a document
confirming labor shortages hires native workers to fill part of labor
shortages before the issuance of employment permits, employment permits
shall be issued for foreign workers excluding the number of the hired
native workers.

(2) An employer issued with an employment permit pursuant to paragraph

(1) shall sign a labor contract with the foreign worker within three months
of the issuance of the employment permit.

(3) If an employer fails to sign a labor contract due to unavoidable reasons

such as the death of the foreign worker after being issued with a foreign
worker employment permit pursuant to paragraph (1), the head of an
Employment Security Center shall recommend another foreign worker and
re-issue a new employment permit.

(4) When the head of an Employment Security Center issues and re-issues
an employment permit pursuant to paragraphs (1) and (4), employment
permit period shall fall within labor contract period prescribed in Article 9
(1) of the Act.

(5) Matters necessary for the issuance and re-issuance of a foreign worker
employment permit shall be determined by the Ordinance of the Ministry
of Labor.

Article 15 (Return of Employment Permit)

An employer issued and re-issued with an foreign worker employment

permit pursuant to Article 14 shall return the employment permit within 10
days, in case there are reasons falling under any of the following
subparagraphs in his/her businesses or workplaces:

1. In case the foreign worker employment permit is cancelled pursuant to

Article 19 (1) of the Act;

2. In case a foreign worker changes his/her business or workplace pursuant

to Article 25 of the Act; and

3. In case there are reasons prescribed in subparagraphs 1, 3, and 7 of

Article 23 (1).

Article 16 (Signing of Labor Contract by Proxy, etc.)

(1) In case an employer signs a labor contract pursuant to Article 9 (1) of

the Act, the employer may have an agent falling under any of the following
subparagraphs sign the labor contract on his/her behalf:

1. Human Resources Development Service of Korea under the Act on

Human Resources Development Service of Korea (hereinafter referred to
as the "Human Resources Development Service of Korea"); and

2. Not-for-profit corporations or groups determined and announced by the

Minister of Labor in consideration of human and physical capability for job
performance.

(2) An employer or an agent falling under any of the subparagraphs of

paragraph (1) shall, when signing a labor contract, prepare two copies of
labor contract and give one of them to the foreign worker concerned.

Article 17 (Effective Period of Labor Contract, etc)

(1) The effective period of a labor contract prescribed in Article 9 (1) of the
Act shall begin from the foreign worker's entry date.
(2) An employer who renews a labor contract pursuant to Article 9 (2) of
the Act shall gain permission to extend employment permit period from the
head of an Employment Security Center.

Article 18 (Employment Training Institution for Foreign Workers)

"Organizations determined by the Presidential Decree" in Article 11 (1) of

the Act refer to those falling under any of the following subparagraphs:

1. Human Resources Development Service of Korea; and

2. Other not-for-profit corporations or groups determined and announced

by the Minister of Labor in consideration of industry-specific
characteristics.

Article 19 (Special Cases concerning Employment of Foreign Workers)

(1) "Foreigners who have already entered Korea after obtaining a visa
determined by the Presidential Decree" in Article 12 (1) of the Act refer to
persons recognized by the Minister of Justice and recommended by the
Minister of Labor from among those whose status of sojourn is classified as
26. Visit Cohabiting (F-1) described in Annex 1 of the Enforcement Decree
of the Immigration Control Act.

(2) The effective period of labor contract with a foreign worker employed
pursuant to Article 12 (1) of the Act shall begin from the date at which the
foreign worker obtains permission to change his/her status of sojourn into
one eligible for employment pursuant to Article 12 (5) of the Act.

Article 20 (Special Cases concerning Employment of Foreign

Construction Workers)

(1) The employers of businesses or workplaces prescribed in Article 12 (1)

1 of the Act may employ foreign workers who obtain permission to change
their status of sojourn into one eligible for employment pursuant to Article
12 (5) of the Act after being issued with an Employment Permit Certificate
pursuant to Article 12 (4) of the Act. In this case, the employer and the
foreign worker shall make a labor contract using the standard labor contract
form prescribed in Article 9 of the Act.

(2) "Criteria set forth by the Presidential Decree" mean that the foreign
workers shall hold qualifications related to the construction industry or
receive education determined by the Minister of Labor.

(3) In case an Employment Permit Certificate is issued pursuant to Article

12 (4) of the Act, the period permitted for the foreign worker to be
employed shall be less than 6 months.

(4) Foreign workers who intend to extend their permitted employment

period due to the expiration of the period prescribed in paragraph (3)
expires shall be re-issued with an Employment Permit Certificate by the
head of an Employment Security Center.

Article 21 (Departure Guarantee Insurance and Trust)

(1) Employers required to take out departure guarantee insurance and

departure guarantee lump-sum trust (hereinafter referred to as "departure
guarantee insurance, etc.") pursuant to Article 13 of the Act shall be those
described in the following subparagraphs: provided, that the employers of
businesses or workplaces prescribed in Article 12 (1) 1 of the Act shall be
excluded from this:

1. Employers of businesses or workplaces ordinarily employing five

workers or more; and

2. Employers employing foreign workers who have one year or more left
until the end of the period eligible for employment prescribed in Article 18
(1) of the Act.

(2) Employers required to take out departure guarantee insurance, etc.

pursuant to paragraph (1) shall take out departure guarantee insurance, etc.
which meets conditions described in the following subparagraphs within 15
days from the effective date of labor contract:

1. The employer shall be required to deposit, apart from wages prescribed

in Article 18 of the Labor Standards Act, the amount of money determined
and announced by the Minister of Labor, each month in reserve for the
insured or beneficiaries (hereinafter referred to as "the insured, etc.") under
Article 13 of the Act;

2. In case the insured, etc. who have worked in their business or workplace
for one year or more without running away depart from Korea because of
the expiration of period under Article 18 (1) of the Act, or change business
or workplace pursuant to Article 25 of the Act, they shall be allowed to
directly claim lump-sum payment of reserved money from financial
institutions dealing with departure guarantee insurance, etc.: provided, that
the lump-sum payment shall revert to the employer, if the insured, etc. run
away from their business or workplace or if the insured, etc. whose
working period is less than one year change business or workplace pursuant
to Article 25 of the Act or depart from Korea (excluding temporary
departure);

3. The right of the insured to receive lump-sum benefits under departure

guarantee insurance, etc. shall not be transferred or provided as collaterals;

4. The insurer shall be required to make the insured, etc. know the contents
of departure guarantee insurance contract before signing and to inform
them of the fact of signing after it; and

5. The insurer shall be required to inform the insured, etc. of the payment
status of insurance premiums or trust contributions and the estimated
amounts of lump-sum benefits every year.

(3) The amount of lump-sum benefits under departure guarantee insurance,

etc. prescribed in paragraph (2) shall not be lower than that of severance
pay prescribed in Article 34 of the Labor Standards Act.
Article 22 (Return Cost Insurance and Trust)

(1) Foreign workers shall take out insurance or trust (hereinafter referred to
as "return cost insurance, etc.") which meets conditions described in the
following subparagraphs within 80 days of the effective date of their labor
contract pursuant to Article 15 of the Act:

1. The foreign worker shall be required to contribute the amount of money

prescribed in paragraph (3) in lump sum;

2. In case the foreign worker takes out return cost insurance, etc., the
financial institution (hereinafter referred to as the "insurer") dealing with
the return cost insurance, etc. shall be required to notify the head of the
Employment Security Center having jurisdiction over the business or
workplace concerned of this fact; and

3. In case the foreign worker claims lump-sum benefits of return cost

insurance, etc. pursuant to paragraph (2), the insurer shall be required to
make that payment after having his/her departure confirmed by the head of
the competent Immigration Control Office.

(2) In case foreign workers have reasons falling under any of the following
subparagraphs, they shall be allowed to claim lump-sum benefits of return
cost insurance, etc.:

1. In case the foreign worker intends to depart from Korea because his/her
sojourn period expires;

2. In case the foreign worker intends to depart from Korea (excluding

temporary departure) for personal reasons before his/her sojourn period
expires; and

3. In case the foreign worker who run away from his/her business or
workplace intends to voluntarily depart from Korea or is deported by force.

(3) The amount of insurance premiums to be contributed to return cost

insurance, etc. shall be determined and announced by the Minister of Labor
given the necessary costs of returning to home country.
Article 23 (Employment Management of Foreign Workers)

(1) "Reasons prescribed by the Presidential Decree" in Article 17 (1) of the

Act refer to those falling under any of the following subparagraphs:

1. In case the foreign worker dies;

2. In case the foreign worker is not fit to continue to work in the business
concerned due to injuries, etc.;

3. In case the foreign worker is absent from work for five days or longer
without following proper procedures such as obtaining approval from
his/her employer, or his/her whereabout is unknown;

4. In case the foreign worker is feared to endanger public health because

he/she contracts a contagious disease prescribed in subparagraphs 1
through 4 of Article 2 of the Prevention of Contagious Diseases Act or is
addicted to drugs.

5. In case a labor contract with the foreign worker is terminated;

6. In case employment permit period for the foreign worker expires;

7. In case the foreign worker has departed from Korea (excluding

temporary departure) due to the expiration of his/her sojourn period, etc.;

8. In case employer or name of workplace is changed; and

9. In case location of workplace is changed without a change of employer.

(2) The Minister of Labor shall establish plans more than once every year
to provide guidance and inspection to businesses or workplaces with
foreign workers pursuant to Article 17 (2), and provide guidance and
inspection to businesses or workplaces selected according to the plans to
find out about working conditions of foreign workers, implementation
status of industrial safety and health measures, and compliance with other
related laws.
(3) In case the Minister of Labor finds any violation of relevant laws such
as the Labor Standards Act, the Immigration Control Act, etc. while
providing guidance and inspection pursuant to paragraph (2), he/she shall
take necessary measures in accordance with the relevant laws: provided,
that if the violation is not under his/her jurisdiction, it shall be notified to a
relevant Ministry.

(4) The head of an immigration control office or its branch office may
request data on employment management of foreign workers in relation to
his/her duties from the head of an Employment Security Center. In this case,
the head of an Employment Security Center shall not refuse it as long as
there is no special reason.

Article 24 (Cancellation of Employment Permit for Foreign Worker)

When the Minister of Labor cancels an employment permit issued to an

employer pursuant to Article 19 (1) of the Act, he/she shall do this using
documents including matters described in the following subparagraphs:

1. Reasons for cancellation;

2. Deadline for the termination of labor contract with the foreign worker;
and

3. Whether or not to impose restrictions on the employment of foreign

workers pursuant to Article 20 of the Act.

Article 25 (Restrictions on Employment of Foreign Workers)

"Others who have reasons determined by the Presidential Decree" in

Article 20 (1) 4 of the Act refer to those falling under any of the following
subparagraphs:

1. Those who dismiss native workers through employment adjustment

within six months from the date of issuing an employment permit for
foreign worker pursuant to Article 8 of the Act; and

2. Those who make foreign workers work in business or workplace other

than the ones stated in their labor contract.

Article 26 (Projects Related to Foreign Workers)

"Projects determined by the Presidential Decree" in subparagraph 6 of

Article 21 of the Act refer to projects described in the following
subparagraphs:

1. Projects to develop and operate a computer system for employment

management of foreign workers needed for job placement, employment
management, etc. of foreign workers:

2. Projects to help foreign workers adapt to life in Korea and promote their
understanding of Korean culture; and

3. Other projects recognized by the Policy Committee as necessary for the

employment management of foreign workers.

Article 27 (Taking Out Guarantee Insurance)

(1) "Businesses or workplaces determined by the Presidential Decree" in

Article 23 (1) of the Act refer to businesses or workplaces falling under any
of the following subparagraphs: provided, that the businesses or
workplaces prescribed in Article 12 (1) 1 of the Act shall be excluded:

1. Businesses or workplaces not subject to the Wage Claim Guarantee Act;

and

2. Businesses or workplaces ordinarily employing less than 300 workers.

(2) The employers of the businesses or workplaces prescribed in paragraph

(1) shall take out guarantee insurance which meets conditions described in
the following subparagraphs within 15 days of the effective date of labor
contract:

1. The guaranteed amount shall be equal to or higher than that announced

by the Minister of Labor to pay overdue wages;

2. The guarantee insurance company shall be required to notify the foreign

worker of the fact that the employer has taken out the guarantee insurance
concerned; and

3. In case the employer defers wage payment, the foreign worker shall be
allowed to claim benefits of guarantee insurance from the guarantee
insurance company.

Article 28 (Taking Out Casualty Insurance)

(1) "Businesses or workplaces determined by the Presidential Decree" in

Article 23 (2) of the Act refer to businesses or workplaces which employ
foreign workers.

(2) The foreign workers of the businesses or workplaces prescribed in

paragraph (1) shall take out casualty insurance which meets conditions
described in the following subparagraphs against diseases, death, etc.
within 15 days of the effective date of their labor contract:

1. In case the foreign worker dies or contracts a disease, the amount of

insurance benefits announced by the Minister of Labor shall be paid to the
foreign worker; and

2. In case the foreign worker dies or contracts a disease, he/she or his/her

surviving family members shall be allowed to claim benefits of casualty
insurance from the casualty insurance.

Article 29 (Support for Foreign Workers-related Organization, etc)

(1) "Other services determined by the Presidential Decree" in Article 24 (1)
of the Act refer to services falling under any of the following
subparagraphs:

1. Free medical services for foreign workers;

2. Cultural event-related services for foreign workers;

3. Funeral support services for foreign workers; and

4. Other services recognized by the Policy Committee as necessary for the

protection of foreign workers' rights and interests.

(2) Organizations or groups to which the State may provide support for the
costs needed to carry out their services pursuant to Article 24 (1) of the Act
shall meet conditions described in the following subparagraphs:

1. They shall be a non-for-profit corporation or group;

2. They shall be equipped with facilities or equipment determined and

announced by the Minister of Labor to carry out their services; and

3. They shall have two workers or more who hold national qualifications or
private qualifications certified by the State or who have one year or more of
experiences in the field concerned.

(3) If the Minister of Labor intends to provide support to organizations or

groups meeting conditions prescribed in paragraph (2) for the costs needed
to carry out their services, he/she shall evaluate their business plans,
operating performances, etc. every year and decide whether or not to
provide the support.

(4) The level of support for the costs needed to carry out services shall be
the amount determined by the Minister of Labor, but may vary depending
on the result of the evaluation of operating performances, etc.

(5) Necessary matters, other than the ones determined in paragraphs (1)
through (4), such as the selection procedures, operation, etc, of an
organization or group to which the Minister of Labor may provide support
for its costs, shall be determined by the Minister of Labor.

Article 30 (Change of Business or Workplace)

(1) "Other reasons determined by the Presidential Decree" in Article 25 (1)

4 of the Act refer to cases in which a foreign worker is deemed unfit to
continue to work in the business or workplace concerned but possible to
work in other businesses or workplaces:

(2) In case a foreign worker has changed business or workplace three times
for the reasons falling under any of the subparagraphs 2 through 4 of
Article 25 (1) of the Act, the head of an Employment Security Center may
give permission for the foreign worker to change business or workplace
once more, pursuant to the proviso of Article 25 (4) of the Act.

(3) The head of an Employment Security Center shall notify the head of
the competent Immigration Control Office or its branch office of a list of
foreign workers required to depart from Korea pursuant to Article 25 (3) of
the Act.

Article 31 (Delegation and Entrustment of Authority)

(1) The Minister of Labor shall delegate authority described in the

following subparagraphs to heads of regional labor offices pursuant to
Article 28 of the Act:

1. Receiving reports under Article 17 (1) of the Act;

2. Cancelling an foreign worker employment permit under Article 19 of the

Act;

3. Restricting employment of foreign workers under Article 20 of the Act;

4. Demanding, ordering, investigating under Article 26 of the Act (limited

to demand, order, investigation, etc. related to employers and foreign
workers);

5. Imposing and collecting fines of negligence under Article 32 of the Act;

6. Permitting the extension of the valid period of an foreign worker

employment permit under Article 17 (2);

7. Re-issuing an Employment Permit Certificate under Article 20 (3); and

8. Providing guidance and inspection under Article 23 (2).

(2) The Minister of Labor shall entrust authority described in the following
subparagraphs to the Human Resources Development Service of Korea
pursuant to Article 28 of the Act:

1. Preparing and managing a roster of foreign job seekers under Article 12

(2); and

2. Developing and operating a computer system for employment

management of foreign workers under subparagraph 1 of Article 26.

(3) "Persons determined by the Presidential Decree" in Article 28 of the

Act refer to those falling under Article 16 (1) 2, and the Minister of Labor
shall entrust authority described in the following subparagraphs to the
Human Resources Development Service of Korea and to persons falling
under Article 16 (1) 2, pursuant to Article 28 of the Act:

1. Assisting with the entry and exit of foreign workers under subparagraph
1 of Article 21 of the Act; and

2. Collecting commissions, etc. under Article 27 of the Act.

(4) The Minister of Labor shall entrust authority described in the following
subparagraphs to persons falling under Article 16 (1) 2, pursuant to Article
28 of the Act:

1. Educating foreign workers and their employers under subparagraph 2 of

Article 21 of the Act;
2. Promoting cooperation with private groups related to foreign workers
under subparagraph 3 of Article 21 of the Act;

3. Offering amenity services such as counseling to foreign workers and

their employers under subparagraph 4 of Article 21 of the Act.

Article 32 (Imposition and Collection of Fine for Negligence)

(1) When the Minister of Labor imposes a fine for negligence pursuant to
Article 32 (2) of the Act, he/she shall indicate the type of offense
committed, the amount of the fine for negligence, and the deadline for its
payment, and notify these in writing to the person who is subject to the
disposition of the fine for negligence, after investigating and confirming the
offense committed.

(2) When the Minister of Labor imposes a fine for negligence pursuant to
paragraph (1), he/she shall designate a period of at least ten days and give
the person who is subject to the disposition of the fine for negligence an
opportunity to make his statement verbally or in writing during that period.
In this case, if there is no statement until the end of the designated period, it
shall be considered that the person has no statement to make.

(3) The criteria for imposing a fine for negligence pursuant to paragraphs
(1) and (2) are shown in Annex.

(4) The procedures for collection of a fine for negligence shall be

determined by the Ordinance of the Ministry of Labor.

Addenda

This Decree shall enter into force on August 17, 2004 : provided, that the
revised provisions of Articles 3 through 9, and 12 shall enter into force on
the date of promulgation, and the revised provisions of Article 13 (2)
through (4) shall enter into force on August 17, 2005.
 [Annex]

Imposition Criteria for Fine for Negligence (Related to Article 32 (3) of the
Decree)

Amount of fine for

Violations Relevant provisions
negligence

1. Violation of Article Article 32 (1) 1 of the

600,000 won
11 (2) of the Act Act

2. Failing to take out

insurance or trust in Article 32 (1) 2 of the
800,000 won
violation of Article 15 Act
(1) of the Act

3. Failing to report or
making a false report in Article 32 (1) 3 of the
600,000 won
violation of Article 17 Act
(1) of the Act

4. Failing to report or
making a false report
Article 32 (1) 4 of the
not in compliance with 600,000 won
Act
demands made under
Article 26 (1) of the Act

5. Failing to submit
related documents under
Article 32 (1) 4 of the
Article 26 (1) of the Act 600,000 won
Act
or submitting false
documents

6. Refusing, obstructing
or evading questioning,
Article 32 (1) 4 of the
investigation or 800,000 won
Act
inspection under Article
26 (1) of the Act
Note : The Minister of Labor may, taking into account the motives and
results of an offense, raise or reduce the amount of a fine for negligence by
up to half the imposed amount. However, even in the case of raising the
amount, the total amount of a fine for negligence shall not exceed one
million won.