Labor Laws of Korea 2014

Government Publication
Registration Number
11-1490000-000185-10
LABOR LAWS OF KOREA
2014
MINISTRY OF EMPLOYMENT AND LABOR

REPUBLIC OF KOREA
This translation of Korea's labor laws is intended
mainly as a convenience to the non-Korean-reading
public. If any questions arise related to the accuracy
of the information contained in the translation, please
refer to the official Korean version of the laws. Any
discrepancies or differences created in the translation are
not binding and have no legal effect for compliance
or enforcement purposes.
* This Act reflects only the amendments made until

June 30, 2014.
The fext of the labor laws in this book and some

of the other labor laws are available on the MOEL´s
website at
http://www.moel.go.kr/english
CONTENTS
1. EMPLOYMENT LAWS
(1) Act On Foreign Workers' Employment, Etc. ·······························1
(2) Enforcement Decree Of The Act On Foreign Workers'

Employment, Etc. ·············································································27
(3) Employment Insurance Act ····························································65
(4) Enforcement Decree Of The Employment Insurance Act ····131
2. EQUAL EMPLOYMENT
(5) Act On Equal Employment And Support For Work-Family

Reconciliation ··················································································263
(6) Enforcement Decree Of The Act On Equal Employment

And Support For Work-Family Reconciliation ·······················294
(7) Act On Prohibition Of Age Discrimination In Employment

And Aged Employment Promotion ···········································313
(8) Enforcement Decree Of The Act On Prohibition Of Age

Discrimination In Employment And Aged Employment
Promotion ·························································································333
▮▮ i
3. INDUSTRIAL RELATIONS
(9) Trade Union And Labor Relations Adjustment Act ·············347
(10) Enforcement Decree Of The Trade Union And Labor

Relations Adjustment Act ·························································390
(11) Act On The Promotion Of Worker Participation And

Cooperation ···················································································422
(12) Enforcement Decree Of The Act On The Promotion Of

Worker Participation And Cooperation ··································433
4. LABOR STANDARDS
(13) Labor Standards Act ··································································436
(14) Enforcement Decree Of The Labor Standards Act ············484
(15) Minimum Wage Act ····································································531
(16) Enforcement Decree Of The Minimum Wage Act ··············545
(17) Act On The Protection, Etc., Of Dispatched Workers ····557
(18) Enforcement Decree Of The Act On The Protection, Etc.,

Of Dispatched Workers ·····························································581
(19) Act On The Protection, Etc. Of Fixed-Term And Part-Time

Employees ·····················································································595
ii ▮▮ CONTENTS
(20) Enforcement Decree Of The Act On The Protection, Etc. Of
Fixed-Term And Part-Time Employees ·································607
(21) Employee Retirement Benefit Security Act ··························619
(22) Enforcement Decree Of The Employee Retirement Benefit

Security Act ···················································································653
(23) Wage Claim Guarantee Act ······················································691
(24) Enforcement Decree Of The Wage Claim Guarantee Act ··707
5. OCCUPATIONAL SAFETY AND HEALTH
(25) Occupational Safety And Health Act ·····································730
(26) Enforcement Decree Of The Occupational Safety And

Health Act ·····················································································816
(27) Industrial Accident Compensation Insurance Act ··············951
(28) Enforcement Decree Of The Industrial Accident

Compensation Insurance Act ·················································1025
▮▮ iii
ACT ON FOREIGN WORKERS' EMPLOYMENT, ETC.

Act No. 6967, Aug. 16, 2003
Amended by Act No. 7327, Dec. 31, 2004

Act No. 7567, May 31, 2005
Act No. 7829, Dec. 30, 2005
Act No. 8218, Jan. 3, 2007
Act No. 8852, Feb. 29, 2008
Act No. 9795, Oct. 9, 2009
Act No. 9798, Oct. 9, 2009
Act No. 10339, Jun. 4, 2010
Act No. 11276, Feb. 1, 2012
Act No. 11690, Mar. 23, 2013
Act No. 12371, Jan. 28, 2014
CHAPTER Ⅰ
General Provisions
<Amended by Act No. 9798, Oct. 9, 2009>
Article 1 (Purpose)
The purpose of this Act is to promote a smooth supply and
demand of manpower and the balanced development of the
national economy by introducing and managing foreign workers
systematically.
<This Article Wholly Amended by Act No. 9798, Oct. 9, 2009>
Article 2 (Definition of Foreign Worker)
The term “foreign worker” in this Act refers to a person
who does not have the nationality of the Republic of Korea and
works or intends to work in a business or workplace located in
the Republic of Korea for the purpose of earning wages:
However, the following foreigners who are granted a status of
sojourn eligible for employment pursuant to Article 18 (1) of
the Immigration Control Act shall be excluded; those designated
by the Presidential Decree taking into consideration the area of
employment, period of stay, etc.
Article 3 (Scope of Application, etc.)
(1) This Act shall apply to foreign workers and businesses
or workplaces which employ or intend to employ foreign workers:
Provided that this Act shall not apply to seamen who work on
▮▮ 1
1. EMPLOYMENT LAWS
board any ship under the Seamen Act and do not have the
nationality of the Republic of Korea and ship owners who
employ or intend to employ the said seamen.
(2) Except as provided for in this Act, matters concerning
the entry, stay, departure, etc., of foreign workers shall be
governed by the Immigration Control Act.
Article 4 (Foreign Workforce Policy Committee)
(1) To deliberate and decide on important matters concerning
the employment management and protection of foreign workers,
the Foreign Workforce Policy Committee (hereinafter referred to
as "Policy Committee”) shall be established under the control of
the Prime Minister.
(2) The Policy Committee shall deliberate and decide on
matters that fall under the following subparagraphs:
1. Matters concerning the establishment of basic plans on
foreign workers;
2. Matters concerning the types of industries eligible to
introduce foreign workers, the number of foreign workers
to be introduced, etc.;
3. Matters concerning the designation of countries eligible to
send foreign workers (hereinafter referred to as “sending
countries”) and cancelation of such designation; and
4. Other matters prescribed by the Presidential Decree.
(3) The Policy Committee shall consist of not more than
twenty members including one chairperson.
(4) The Chief of the Office for Government Policy Coordination
shall assume chairpersonship of the Policy Committee, and the
committee membership comprises the Vice Minister of Strategy
and Finance; the Vice Minister of Foreign Affairs, the Vice
Minister of Justice, the Vice Minister of Industry, Trade, and
Resources, the Vice Minister of Employment and Labor, the
head of the Small and Medium Business Administration and
Vice Ministers of the relevant central administrative agencies
prescribed by the Presidential Decree. <Amended by Act No.
10339, Jun. 4, 2010 and Act No. 11690, Mar. 23, 2013>
(5) To deliberate in advance on matters concerning the
operation of the employment system for foreign workers and
the protection of the rights and interests of foreign workers, the
Working Committee for Foreign Workforce Policy (hereinafter
referred to as "Working Committee") shall be established under
the Policy Committee.
2 ▮▮ LABOR LAWS OF KOREA

(6) Necessary matters concerning the composition, functions

and operation of the Policy Committee and the Working
Committee shall be prescribed by the Presidential Decree.
Article 5 (Announcement etc., of Foreign Worker Introduction Plan)
(1) The Minister of Employment and Labor shall establish a
foreign worker introduction plan including matters described in
each subparagraph of Article 4 (2) after deliberation and decision
by the Policy Committee and announce the plan by March 31
every year in accordance with the method prescribed by the
Presidential Decree. <Amended by Act No. 10339, Jun. 4, 2010>
(2) Notwithstanding paragraph (1), the Minister of Employment
and Labor may, if deemed necessary to change the foreign
worker introduction plan under paragraph (1) due to drastic
changes in the employment situation, such as an increase in
domestic unemployment, change the plan after deliberation and
decision by the Policy Committee. In such cases, paragraph (1)
shall apply mutatis mutandis to the method of announcing the
changed plan. <Amended by Act No. 10339, Jun. 4, 2010>
(3) The Minister of Employment and Labor may, if necessary,
conduct a survey or research project in order to support foreign
worker-related work and necessary matters related thereto shall
be prescribed by the Presidential Decree. <Amended by Act No.
10339, Jun. 4, 2010>
CHAPTER Ⅱ
Employment Procedures for Foreign Workers
Article 6 (Efforts to Employ Native Workers)

(1) An employer who intends to employ a foreign worker
shall first file an application for seeking native workers with an
employment security office (hereinafter referred to as “employment
security office”) under subparagraph 1 of Article 2-2 of the
Employment Security Act.
(2) The head of an employment security office shall, upon
receiving an application for seeking native workers pursuant to
▮▮ 3
1. EMPLOYMENT LAWS
paragraph (1), provide counseling and assistance for the employer

to present adequate job requirements, and actively provide job
placement services so that native workers who meet the job
requirements can be hired preferentially.
Article 7 (Preparation of Roster of Foreign Job Seekers)
(1) The Minister of Employment and Labor shall prepare a
roster of foreign job seekers, as prescribed by the Presidential
Decree, in consultation with the head of the government agency
in charge of labor administration in a sending country designated
pursuant to subparagraph 3 of Article 4 (2): Provided that if
there is no independent government agency in charge of labor
administration in the sending country, the Minister of Employment
and Labor shall designate a department which performs the
closest function and consult with the head of the department
after deliberation by the Policy Committee. <Amended by Act No.
10339, Jun. 4, 2010>
(2) When preparing a roster of foreign job seekers pursuant
to paragraph (1), the Minister of Employment and Labor shall
administer a test for the evaluation of proficiency in the Korean
language (hereinafter referred to as “Korean language proficiency
test”) to use the results of the test as criteria, etc., for selecting
foreign job seekers, and the selection of an agency responsible
for administering the Korean language proficiency test, the
cancelation of such selection, the testing methods, and other
necessary matters shall be prescribed by the Presidential Decree.
<Amended by Act No. 10339, Jun. 4, 2010>
(3) A Korean language proficiency test administration agency
may collect fees from people who want to apply for the test
and may use them, as prescribed by the Presidential Decree. In
such cases, fees shall be used to cover the costs of selecting
foreign workers, etc. <Newly Inserted by Act No. 12371, Jan. 28,
2014>
(4) The Minister of Employment and Labor may evaluate
qualification requirements, such as skill levels, to meet manpower
demand, if necessary for using them as the criteria, etc., for
selecting foreign job seekers under paragraph (1). <Amended by
Act No. 10339, Jun. 4, 2010 and Act No. 12371, Jan. 28, 2014>
(5) The institution responsible for evaluating qualification
requirements pursuant to paragraph (3) shall be the Human
Resources Development Services of Korea under the Act on the
Human Resources Development Service of Korea (hereinafter

referred to as "HRD Korea") and other necessary matters, such

as methods of evaluating qualification requirements, shall be
12371, Jan. 28, 2014>
Article 8 (Foreign Worker Employment Permit)
(1) An employer who has filed an application for seeking
native workers pursuant to Article 6 (1) shall, if he/she fails to
hire workers despite receiving job placement services under
paragraph (2) of the same Article, apply for employment permit
for foreign workers to the head of an employment security office
as prescribed by the Ordinance of the Ministry of Employment
and Labor. <Amended by Act No. 10339, Jun. 4, 2010>
(2) The effective term of applications for employment permit
under paragraph (1) shall be three months, and may be extended
only once, as prescribed by the Presidential Decree, if it is impossible
to hire any new worker due to a temporary deterioration in
business, etc.
(3) Upon receiving an application under paragraph (1), the
head of an employment security office shall recommend qualified
candidates from among those registered in the roster of foreign
job seekers under Article 7 (1) to the employer who meets the
conditions prescribed by the Presidential Decree, such as the
types of industries eligible to introduce foreign workers and the
number of foreign workers to be introduced.
(4) The head of an employment security office shall grant,
without delay, employment permission to an employer who has
selected a qualified foreign worker from among those recommended
under paragraph (3), and issue to the employer an employment
permit bearing the name and other matters of the selected
foreign worker.
(5) Necessary matters concerning the issuance and management,
etc., of foreign worker employment permits under paragraph (4)
shall be prescribed by the Presidential Decree.
(6) No person or organization other than employment security
offices shall intervene in the selection, placement and hiring of
foreign workers.
Article 9 (Labor Contract)
(1) An employer who intends to employ a foreign worker
selected pursuant to Article 8 (4) shall enter into a labor contract
▮▮ 5
1. EMPLOYMENT LAWS
using the standard labor contract form prescribed by the

Ordinance of the Ministry of Employment and Labor. <Amended
by Act No. 10339, Jun. 4, 2010>
(2) An employer who intends to enter into a labor contract
pursuant to paragraph (1) may have HRD Korea carry out the
task on his/her behalf. <Amended by Act No. 12371, Jan. 28, 2014>
(3) An employer who has obtained an employment permit
under Article 8 and the relevant foreign worker may enter into
or renew a labor contract under the mutual agreement within
the period specified in Article 18. <Amended by Act No. 11276,
Feb. 1, 2012>
(4) A foreign worker whose employment period is extended
pursuant to Article 18-2 and an employer may enter into a
labor contract containing the term not exceeding the extended
employment period.
(5) Necessary matters concerning the procedure for entering
into a labor contract under paragraph (1), the time such labor
contract takes effect, and so on shall be prescribed by the
Presidential Decree.
Article 10 (Visa Issuance Certificate)
An employer who has entered into a labor contract with a
foreign worker pursuant to Article 9 (1) may apply for a visa
issuance certificate to the Minister of Justice on behalf of the
foreign worker pursuant to Article 9 (2) of the Immigration Control
Act.
Article 11 (Employment Training for Foreign Workers)
(1) Every foreign worker, after he/she enters the Republic of
Korea and within the period prescribed by the Ordinance of the
Ministry of Employment and Labor, shall receive training
provided by an institution designated by the Presidential Decree
to learn matters necessary for employment in the Republic of
Korea (hereinafter referred to as “employment training for foreign
workers”). <Amended by Act No. 10339, Jun. 4, 2010>
(2) An employer shall let foreign workers receive employment
training for foreign workers.
(3) The hours and contents of employment training for foreign
workers and other matters necessary for employment training
for foreign workers shall be prescribed by the Ordinance of the
Ministry of Employment and Labor.


Article 12 (Special Cases for Employment of Foreign Workers)
(1) The employer of a business or workplace falling under
any of the following subparagraphs may, after obtaining
confirmation on exceptionally permissible employment pursuant to
paragraph (3), employ a foreigner who has entered the Republic
of Korea on a visa specified by the Presidential Decree and
intends to be employed. In such cases, Article 9 shall apply
mutatis mutandis to the conclusion of the labor contract.
1. A business or workplace in the construction industry as
specified by the Policy Committee in consideration of labor
market situations for daily workers, possibility of undermining
employment opportunities for native workers, the size of
workplace, etc.; and
2. A business or workplace in the service, manufacturing,
agricultural or fishery industry as specified by the Policy
Committee in consideration of industry-specific characteristics.
(2) A foreigner under paragraph (1) who intends to be
employed in a business or workplace that fall under any
subparagraph of paragraph (1) shall submit a job application to
the head of an employment security office after completing
employment training for foreign workers, and the Minister of
Employment and Labor shall prepare and manage a roster of
foreign job seekers in relation to such application. <Amended by
Act No. 10339, Jun. 4, 2010>
(3) An employer who has filed an application for seeking
native workers pursuant to Article 6 (1) may, if he/she fails to
hire workers despite job placement services provided by the
head of an employment security office pursuant to paragraph
(2) of the same Article, apply for confirmation on exceptionally
permissible employment to the head of an employment security
office as prescribed by the Ordinance of the Ministry of Employment
and Labor. In such cases, the head of an employment security
office shall grant confirmation on exceptionally permissible
employment to an employer who meets the qualifications prescribed
by the Presidential Decree, such as the types of industries
eligible to introduce foreign workers and the number of foreign
workers to be introduced. <Amended by Act No. 10339, Jun. 4, 2010>
(4) An employer who has obtained confirmation on
exceptionally permissible employment pursuant to paragraph (3)
shall hire a foreign worker from among those registered in the
▮▮ 7
1. EMPLOYMENT LAWS
roster of foreign job seekers under paragraph (2), and shall,

upon commencement of the foreign worker' employment, report
to the head of an employment security office, as prescribed by
the Ordinance of the Ministry of Employment and Labor.
(5) The effective term of the confirmation on exceptionally
permissible employment shall be three years: Provided that if a
business or workplace falls under paragraph (1) 1 and the
construction period is less than three years, the construction
period shall be the effective term.
(6) If the head of an employment security office grants
confirmation on exceptionally permissible employment pursuant
to paragraph (3), he/she shall issue a certificate of exceptionally
permissible employment to the relevant employer, as prescribed
by the Presidential Decree.
(7) Article 21 of the Immigration Control Act shall not apply
to foreign workers under paragraph (1).
(8) The Minister of Employment and Labor may, if a
foreigner under paragraph (1) wants to be employed, provide
him/her employment information prior to his/her entry to the
Republic of Korea. <Amended by Act No. 10339, Jun. 4, 2010>
CHAPTER Ⅲ
Employment Management for Foreign Workers
Article 13 (Departure Guarantee Insurance and Trust)

(1) The employer of a business or workplace employing a
foreign worker (hereinafter referred to as “employer”) shall take out
insurance or trust (hereinafter referred to as “departure guarantee
insurance, etc.”) with the foreign workers as an insured person
or beneficiary (hereinafter referred to as "insured person, etc.")
in order to provide retirement pay to the foreign worker due to
his/her departure, etc. In such cases, insurance premiums or
trust installments shall be paid or deposited every month.
<Amended by Act No. 12371, Jan. 28, 2014>
(2) If an employer takes out departure guarantee insurance,
etc., he/she shall be deemed to have set up a retirement pay

system under Article 8 (1) of the Employee Retirement Benefit

Security Act.
(3) Necessary matters concerning employers required to take
out departure guarantee insurance, etc., the subscription method,
contents, management and payment of departure guarantee
insurance, etc., and so on shall be prescribed by the Presidential
Decree: Provided that insurance benefits shall be paid within 14
days after departure of an insured person, etc. (14 days after
the date of application in cases where an application for payment
is made due to change of status of sojourn, death, etc., or after
the date of departure). <Amended by Act No. 12371, Jan. 28, 2014>
(4) A claim for the amount of money (hereinafter referred to
as "insurance benefits, etc.") to be received by an insured person,
etc., as a reason for payment of benefits of departure guarantee
insurance, etc., occurs shall be extinguished if it is not exercised
for three years after the date when the reason for payment
occurs notwithstanding Article 662 of the Commercial Act, In
such cases, the financial institution dealing with the departure
guarantee insurance, etc., shall transfer insurance benefits, etc.,
whose extinctive prescription has been completed to HRD Korea
within one month. <Newly Inserted by Act No. 12371, Jan. 28, 2014>
Article 13-2 (Committee on Administration of Dormant Insurance
Benefits, etc.)
(1) The Committee on Administration of Dormant Insurance
Benefits, etc., shall be set up in HRD Korea to deliberate and
decide on matters necessary for the administration and management
of insurance benefits, etc., transferred under Article 13 (4).
(2) Insurance benefits, etc., transferred under Article 13 (4)
shall be used first for the insured person, etc.
(3) The composition and operation of the Committee on
Administration of Dormant Insurance Benefits, etc., and other
<This Article Newly Inserted by Act No. 12371, Jan. 28, 2014>
Article 14 (Health Insurance)
In applying the National Health Insurance Act to employers
and foreign workers employed by them, employers and foreign
workers employed by them shall be regarded as employers
under Article 3 of the same Act and workplace-based policy
holders under Article 6 (1) of the same Act, respectively.
▮▮ 9
1. EMPLOYMENT LAWS
Article 15 (Return Cost Insurance and Trust)

(1) Every foreign worker shall take out insurance or trust in
order to finance the costs of returning to his/her home country.
(2) Necessary matters concerning the subscription method,
contents, management and payment of the insurance or trust under
paragraph (1) shall be prescribed by the Presidential Decree.
(3) Article 13 (4) and Article 13-2 shall apply mutatis mutandis
with regard to the extinctive prescription of a claim for the
amount of money to be received by an insurance policy holder
as a reason for payment of benefits under the insurance or
trust referred to in paragraph (1) occurs and the transfer,
administration, management, etc., of the amount of money whose
extinctive prescription has been completed. <Newly Inserted by Act
No. 12371, Jan. 28, 2014>
Article 16 (Measures Necessary for Returning Home)
Every employer shall, if a foreign worker is to return to
his/her home country due to the termination of employment
relationships, expiration of a period of sojourn, etc., take necessary
measures, such as paying money and other valuables such as
wages, before his/her return.
Article 17 (Employment Management for Foreign Workers)
(1) An employer shall, if any event prescribed by the
Presidential Decree occurs, such as when he/she terminates a
labor contract with a foreign worker or makes a change to any
important matter related to employment, report to the head of
relevant employment security office as prescribed by the
by Act No. 10339, Jun. 4, 2010>
(2) Necessary matters concerning the proper management of
employment of foreign workers, etc. shall be prescribed by the
Article 18 (Restrictions on Employment Period)
A foreign worker may be employed for up to three years
from the date on which he/she enters the Republic of Korea.
<This Article Wholly Amended by Act No. 11276, Feb. 1, 2012>
Article 18-2 (Special Cases for Restrictions on Employment Period)

(1) Notwithstanding Article 18, a foreign worker who falls

under any of the following subparagraphs may have his/her
employment period extended only once by less than two years:
<Amended by Act No. 10339, Jun. 4, 2010 and Act No. 11276, Feb. 1, 2012>
1. A foreign worker employed by an employer who has
obtained an employment permit pursuant to Article 8 (4)
and for whom the employer has requested permission for
reemployment to the Minister of Employment and Labor
before the foreign worker departs from the Republic of
Korea due to expiration of the three-year employment period
under Article 18; and
2. A foreign worker employed by an employer who has
obtained confirmation on exceptionally permissible employment
pursuant to Article 12 (3) and for whom the employer
has requested permission for reemployment to the Minister
of Employment and Labor before the foreign worker departs
from the Republic of Korea due to expiration of the three-year
employment period under Article 18.
(2) The procedures an employer has to follow when requesting
permission for reemployment under paragraph (1) and other
necessary matters shall be prescribed by the Ordinance of the
Ministry of Employment and Labor. <Amended by Act No. 10339,
Jun. 4, 2010 and Act No. 11276, Feb. 1, 2012>
Article 18-3 (Restrictions on Employment After Re-entry)
A foreigner worker (excluding foreign workers under Article
12 (1)) who departs from the Republic of Korea after working
in the Republic of Korea shall not be reemployed under this Act
unless six months have passed since the date of his/her departure.
<This Article Newly Inserted by Act No. 11276, Feb. 1, 2012>
Article 18-4 (Special Cases for Restrictions on Employment After
Re-entry)
(1) Notwithstanding Article 18-3, if for a foreign worker
who meets all of the following conditions, the employer applies
for an employment permit to employ that foreign worker after
re-entry to the Republic of Korea before his/her departure due
to the expiration of the employment period extended under
Article 18-2, the Minister of Employment and Labor may allow
the foreign worker to be reemployed if three months have
passed since the date of his/her departure:
1. The foreign worker has never transferred to another business
▮▮ 11
1. EMPLOYMENT LAWS
or workplace during the employment period under Article

18 and Article 18-2 (If the foreign worker has transferred
to another business or workplace under Article 25 (1) 2,
the period of his/her labor contract made with the employer
who applies for an employment permit to employ that
foreign worker after re-entry shall be one year or longer
until the expiration date of the employment period);
2. The foreign worker is working in such businesses or
workplaces as the Policy Committee deems difficult to
employ native Korean workers, taking into account the
types of industries eligible to introduce foreign workers,
the number of foreign workers to be introduced, etc.; and
3. The foreign worker has made an one-year or longer labor
contract with the relevant employer, which will take
effect from the date on which he/she starts to work after
re-entry.
(2) Articles 6, 7 (2) and 11 shall not apply with regard to
the application for employment permits after re-entry and the
employment after re-entry under paragraph (1).
(3) Employment after re-entry under paragraph (1) shall be
permitted only once, Article 9 shall apply mutatis mutandis with
regard to the conclusion of a labor contract for employment after
re-entry, and Articles 18, 18-2 and 25 shall apply mutatis mutandis
with regard to the employment of foreign workers who re-enter
the Republic of Korea.
(4) The procedures an employer has to follow when applying
for an employment permit under paragraph (1) and other necessary
matters shall be prescribed by the Ordinance of the Ministry of
Employment and Labor.
Article 19 (Cancellation of Employment Permit or Confirmation on
Exceptionally Permissible Employment for Foreign Worker)
(1) For any employer falling under any of the following
subparagraphs, the head of an employment security office may
cancel an employment permit under Article 8 (4) or confirmation
on exceptionally permissible employment under Article 12 (3),
as prescribed by the Presidential Decree:
1. Where the employer obtains an employment permit or
confirmation on exceptionally permissible employment in
a false or other fraudulent ways;
2. Where the employer violates wages or other labor
conditions which had been agreed to before the foreign

worker's entry to the Republic of Korea; and

3. Where it is deemed difficult to maintain the labor contract
due to the employer's delay in payment of wages or
violation of other labor laws, etc.
(2) An employer whose employment permit or confirmation
on exceptionally permissible employment for a foreign worker is
cancelled pursuant to paragraph (1) shall terminate the labor
contract with the foreign worker within fifteen days from the
date of cancellation.
Article 20 (Restrictions on Employment of Foreign Workers)
(1) The head of an employment security office may restrict
any employer who falls under any of the following subparagraphs
from employing foreign workers for three years from the date
of the incident: <Amended by Act No. 12371, Jan. 28, 2014>
1. A person who employs a foreign worker without obtaining
an employment permit under Article 8 (4) or confirmation
on exceptionally permissible employment under Article 12 (3);
2. A person whose employment permit or confirmation on
exceptionally permissible employment for a foreign worker
is cancelled pursuant to Article 19 (1);
3. A person who has been punished for violating this Act
or the Immigration Control Act;
4. A person who has any other reason specified by the
(2) When restricting the employment of foreign workers
pursuant to paragraph (1), the Minister of Employment and Labor
shall notify the relevant employer thereof as prescribed by the
by Act No. 10339, Jun. 4, 2010>
Article 21 (Projects Related to Foreign Workers)
The Minister of Employment and Labor shall carry out the
following projects in order to facilitate the employment of
foreign workers in the Republic of Korea and effectively manage
their employment:<Amended by Act No. 10339, Jun. 4, 2010>
1. Projects to assist foreign workers with the entry and departure;
2. Projects to educate foreign workers and their employers;
3. Cooperation projects with related public agencies in sending
countries and private organizations related to foreign
workers;
▮▮ 13
1. EMPLOYMENT LAWS
4. Projects to offer services, such as counseling, to foreign

workers and their employers, etc;
5. Projects to publicize the foreign worker employment system;
and
6. Other projects prescribed by the Presidential Decree,
concerning employment management for foreign workers.
CHAPTER IV
Protection of Foreign Workers
Article 22 (Prohibition of Discrimination)
No employer shall discriminate or unfairly treat any person
on the grounds that he/she is a foreign worker.
Article 23 (Subscription to Guarantee Insurance, etc.)
(1) The employer of a business or workplace specified by
the Presidential Decree in consideration of the size of business,
the characteristics of each industry and so on shall take out
guarantee insurance for foreign workers employed by him/her
to cover them against overdue wages.
(2) A foreign worker employed in a business or workplace
specified by the Presidential Decree in consideration of the
characteristics of each industry, etc., shall take out personal injury
insurance to cover him/herself against any illness, death, etc.
(3) Necessary matters concerning the subscription methods,
contents, management and payment of the guarantee insurance
and personal injury insurance under paragraphs (1) and (2) shall
be prescribed by the Presidential Decree.
Article 24 (Support for Organizations, etc., Related to Foreign Workers)
(1) The State may provide support for institutions or
organizations which provide counseling, education and other
projects for foreign workers, prescribed by the Presidential Decree,
to subsidize, within the limits of the budget, part of the costs
of conducting such projects
(2) Necessary matters concerning the requirements, criteria,
procedures, etc. for applications for the support prescribed in


Article 24-2 (Council for Protection of Rights and Interests of
Foreign Workers)
(1) In order to discuss matters concerning the protection of
rights and interests of foreign workers, an employment security
office may establish a council for the protection of rights and
interests of foreign workers in which workers' and employers'
organizations under its jurisdiction participate.
(2) Necessary matter concerning the composition, operation,
etc., of a council for the protection of rights and interests of
foreign workers shall be prescribed by the Ordinance of the
Jun. 4, 2010>
<This Article Newly Inserted by Act No. 9798, Oct. 9, 2009>
Article 25 (Permission for Change of Business or Workplace)
(1) A foreign worker (excluding foreign workers under
Article 12 (1)) may apply for a transfer to another business or
workplace to the head of an employment security office, as
prescribed by the Ordinance of the Ministry of Employment and
Labor, if any of the following events occurs: <Amended by Act
No. 10339, Jun. 4, 2010 and Act No. 11276, Feb. 1, 2012>
1. Where his/her employer intends to terminate his/her labor
contract during the contract period or to refuse to renew
his/her contract after its expiration for a justifiable reason;
2. Cases announced by the Minister of Employment and
Labor, where the foreign worker is deemed unable to
continue to work in the business or workplace according to
social norms due to a reason not attributable to him/her,
such as temporary shutdown or permanent closure of
business, the cancellation of an employment permit under
Article 19 (1), restrictions on employment under Article 20
(1), or violations of working conditions or unfair treatment
by an employer;
3. Where any other event prescribed by the Presidential
Decree occurs.
(2) If an employer employs a foreign worker who intends to
be reemployed after applying for a change of business or
workplace under paragraph (1), Articles 6, 8 and 9 shall apply
mutatis mutandis to the procedures for and methods of such
employment.
▮▮ 15
1. EMPLOYMENT LAWS
(3) A foreign worker who fails to obtain permission for a

change of workplace under Article 21 of the Immigration
Control Act within three months from the date of applying for a
transfer to another business or workplace pursuant to paragraph
(1), or fails to apply for a transfer to another business or workplace
within one month from the date on which his/her labor contract
with the employer is terminated shall depart from the Republic
of Korea: Provided that if a foreign worker fails to obtain
permission or apply for a change of workplace due to a reason,
such as occupational accident, disease, pregnancy and childbirth,
the period shall be calculated from the date on which such a
reason ceases to exist.
(4) A foreign worker shall not, in principle, make a change
of business or workplace under paragraph (1) more than three
times during the period under Article 18, and more than two
times during the extended period prescribed in Article 18-2 (1):
Provided that cases where a foreign worker makes a change of
business or workplace due to any reason prescribed in paragraph
(1) 2 shall be excluded. <Amended by Act No. 11276, Feb. 1, 2012
and Act No. 12371, Jan. 28, 2014>
CHAPTER Ⅴ
Supplementary Provisions
Article 26 (Report and Investigation, etc.)
(1) The Minister of Employment and Labor may, if deemed
necessary, order an employer, a foreign worker or a foreign
workers-related organization that receives support under Article
24 (1) to make a report, submit related documents and do other
necessary things, and have a public official under his/her control ask
questions to a related person or investigate or examine related
books, documents, etc. <Amended by Act No. 10339, Jun. 4, 2010>
(2) A public official who conducts an investigation or
examination pursuant to paragraph (1) shall carry a certificate
indicating his/her identity and show it to the person concerned.

Article 26-2 (Cooperation from Relevant Institutions)

(1) The Minister of Employment and Labor may request the
heads of relevant institutions, such as central administrative
agencies, local governments and public institutions, to submit
any of the following data in order to enforce this Act:
1. Data on labor supply and demand by industry and region;
and
2. Data on support programs for foreign workers.
(2) An institution requested to submit data pursuant to paragraph
(1) shall comply with the request unless there is any justifiable
reason not to do so.
Article 27 (Collection of Fees, etc.)
(1) A agent who provides the service of entering into a
labor contract between an employer and a foreign worker on
their behalf pursuant to Article 9 (2) (including cases where the
conclusion of a labor contract is applied mutatis mutandis
pursuant to the latter part of the sentences other than each
subparagraph of Article 12 (1), Article 18-4 (3) and Article 25
(2); hereinafter the same shall apply in this Article) may receive
fees and other necessary expenses from the em ployer as
Labor. <Amended by Act No. 10339, Jun. 4, 2010 and Act No. 11276,
Feb. 1, 2012>
necessary for carrying out projects related to foreign workers
pursuant to Article 21, receive fees and other necessary expenses
from employers, as prescribed by the Ordinance of the Ministry
of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010>
(3) A person who carries out work concerning the employment
of foreign workers on behalf of others pursuant to Article 27-2
(1) may receive fees and other necessary expenses from the
employer, as prescribed by the Ordinance of the Ministry of
Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010>
(4) Any person other than those falling under any of the
following subparagraphs shall not receive any money and
valuables in return for conducting the signing a labor contract
as a proxy, undertaking works regarding the employment of
foreign workers as a proxy or carrying out projects related to
foreign workers.
1. A person who carries out the work of signing a labor
contract between employer and foreign worker on behalf
▮▮ 17
1. EMPLOYMENT LAWS
of them pursuant to Article 9 (2);

2. A person who carries out work concerning the employment
of foreign workers on behalf of others pursuant to Article
27-2 (1);and
3. A person who exercises the authority of the Minister of
Employment and Labor under Article 21, which has been
delegated or entrusted to him/her under Article 28
Article 27-2 (Filing of Various Applications, etc. Though Agency)
(1) An employer or a foreign worker may have a person
(hereinafter referred to as “agency”) designated by the Minister
of Employment and Labor carry out work concerning the
employment of foreign workers, such as filing an application or
receiving documents as specified under each of the following
subparagraphs: <Amended by Act No. 11276, Feb. 1, 2012>
1. Filing an application for seeking native workers under
Article 6 (1) (including cases applied mutatis mutandis
under Article 25 (2));
2. Filing an application for reemployment permit under
Article 18-2;
3. Filing an application for employment permit after re-entry
under Article 18-4 (1);
4. Filing an application for a transfer to another business or
workplace under Article 25 (1); and
5. Other work prescribed by the Ordinance of the Ministry
of Employment and Labor concerning the employment,
etc., of foreign workers.
(2) Necessary matters concerning the designation requirements,
work scope, designation procedures and vicarious performance
of the agency under paragraph (1) shall be prescribed by the
by Act No. 10339, Jun. 4, 2010>
<This Article Newly Inserted by Act No. 9798, Oct. 9, 2009>
Article 27-3 (Revocation, etc., of Designation of Agency)
(1) The Minister of Employment and Labor may, if an agency
falls under any of the following subparagraphs, revoke the
designation, suspend business thereof for a period not exceeding
six month, or issue an correction order: <Amended by Act No.
10339, Jun. 4, 2010>
1. Where the agency obtains designation in a false or other
fraudulent ways;

2. Where the agency fails to meet the designation requirements;

3. Where the agency carries out work beyond the designated
scope of work; and
4. Other cases where the agency fails to pay due attention
as a good manager or violates the work processing procedures.
(2) The Minister of Employment and Labor shall hold a
hearing when revoking the designation of an agency pursuant
to paragraph (1). <Amended by Act No. 10339, Jun. 4, 2010>
Article 28 (Delegation and Entrustment of Authority)

The Minister of Employment and Labor may delegate part
of the authority under this Act to the heads of local
employment and labor offices or entrust it to HRD Korea or to
a person prescribed by the Presidential Decree, as prescribed by
the Presidential Decree: Provided that a project specified in
subparagraph 1 of Article 21 shall be entrusted to HRD Korea.
<Amended by Act No. 10339, Jun. 4, 2010 and Act No. 12371, Jan.
28, 2014>
CHAPTER Ⅵ
Penal Provisions
Article 29 (Penal Provisions)

A person who falls under any of the following subparagraphs
shall be punished by imprisonment for up to one year or a fine
not exceeding ten million won: <Amended by Act No. 12371, Jan.
28, 2014>
1. A person who intervenes in the selection, placement and
hiring of foreign workers in violation of Article 8 (6);
2. A person who fails to take necessary measures required
for foreign workers to return to their home country in
violation of Article 16;
3. A person who fails to terminate a labor contract with a
foreign worker in violation of Article 19 (2);
4. A person who obstructs a change of business or workplace
prescribed in Article 25; and
5. A person who receives money and other valuables in
▮▮ 19
1. EMPLOYMENT LAWS
violation of Article 27 (4)

shall be punished by a fine not exceeding five million won:
1. An employer who fails to take out departure guarantee
insurance etc., in violation of the former part of Article
13 (1); and
2. A person who fails to take out the guarantee insurance
or personal injury insurance prescribed in Article 23.
Article 31 (Joint Penal Provisions)
If the representative of a corporation or an agent, a servant
or any other employee of a corporation or an individual commits
an offense specified in Article 29 or 30 in connection with the
business of the corporation or individual, the fine prescribed in
the respective Article shall be imposed on the corporation or
individual, in addition to punishment of the offender: Provided
that this shall not apply to cases where the corporation or
individual has not neglected to give considerable attention and
supervision to the business concerned in order to prevent such
offense.
Article 32 (Fine for Negligence)
(1) A person who falls under any of the following subparagraphs
shall be punished by a fine for negligence not exceeding five
million won:
1. A person who fails to use the standard labor contract
form when entering into a labor contract in violation of
Article 9 (1);
2. An employer who fails to allow foreign workers to
receive employment training in violation of Article 11 (2);
3. An employer who employs a foreign worker issued with
a visa under Article 12 (1) without obtaining confirmation
on exceptionally permissible employment under Article 12 (3);
4. An employer who fails to hire a foreign worker from among
those registered in the roster of foreign job seekers or an
employer who fails to make a report or makes a false
report to the head of an employment security office after
a foreign worker starts to work, in violation of Article 12 (4);

5. An employer who delays payment of monthly insurance

premium or trust installments for departure guarantee
insurance, etc., three times or more, in violation of the
latter part of Article 13 (1);
6. A foreign worker who fails to take out insurance or trust
in violation of Article 15 (1);
7. An employer who fails to make a report or makes a false
report in violation of Article 17 (1);
8. An employer who, while under restriction on employment
of foreign workers under Article 20 (1), employs a foreign
worker issued with a visa under Article 12 (1)
9. A person who fails to make a report or makes a false
report or fails to submit related documents or submits
false documents in defiance of an order issued under Article
26 (1) or refuses, obstructs or avoids questions or an
investigation or inspection under the same paragraph; and
10. A person who receives money and valuables other than
fees and necessary expenses under Article 27 (1) (2) or (3)
(2) Fines for negligence under paragraph (1) shall be
imposed and collected by the Minister of Employment and
Labor as prescribed by the Presidential Decree. <Amended by Act
No. 10339, Jun. 4, 2010>
Addenda
<Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)

This Act shall enter into force on the date of its promulgation:
Provided that ... (omitted) ... among the revised acts under Article
18-2 and Article 25 shall be enforced two months after the date
of promulgation date of the act concerned.
Articles 2 through 5 Omitted.
Article 6 (Revision of Other Acts)
(1) through (534) Omitted.
(535) Parts of the Act on Foreign Workers' Employment,
etc., shall be revised as follows:
“Minister of the Office for Government Policy Coordination”
in Article 4 (4) shall be changed to “Minister of the Prime
Minister's Office”, and “Vice Minister of Finance and Economy,
▮▮ 21
1. EMPLOYMENT LAWS
the Vice Minister of Foreign Affairs and Trade, the Vice Minister
of Justice, the Vice Minister of Commerce, Industry and Energy,
the Vice Minister of Labor” to “Vice Minister of Strategy and
Finance, the Vice Minister of Foreign Affairs and Trade, the
Vice Minister of Justice, the Vice Minister of Knowledge,
Economy, the Vice Minister of Labor.”
Article 7 Omitted.
Addenda
<Act No. 9795, Oct. 9, 2009 ; Revision of the Employment Security Act>

This Act shall enter into force three months after the date
of its promulgation.
(1) and (2) Omitted.
(3) Parts of the Act on Foreign Workers' Employment, etc.,
shall be revised as follows:
“Subparagraph 1 of Article 4 of the Employment Security
Act” in Article 6 (1) shall be changed to “subparagraph 1 of
Article 2-2 of the Employment Security Act”.
Article 6 Omitted.
Addenda
<Act No. 9798, Oct. 9, 2009>

This Act shall enter into force six months after the date of
its promulgation: Provided that the amended provisions of
Article 18-2 and 25 shall enter into force two months after the
date of its promulgation.
Article 2 (Applicability concerning Evaluation of Qualification
Requirements)
The amended provision of Article 7 (2) shall apply to the
first preparation of a roster of foreign job seekers under the

amended provision of Article 7 (1) after this Act enters into force.
Article 3 (Applicability concerning Special Cases for Restrictions
on Employment Period)
The amended provision of Article 18-2 shall apply to cases
where an employer requests permission for the re-employment
of a foreign worker who is employed within the period prescribed
in Article 18 (1) at the time this Act enters into force and who
spends three years in employment after this Act enters into force.
Article 4 (Applicability concerning Reason for Postponing Period
of Permission and Application for Change of Business
or Workplace)
The amended provision of Article 25 (3) shall apply to a
person whose period of permission and application for a change
of business or workplace under the previous provision of Article
25 (3) is not terminated at the time this Act enters into force.
Article 5 (Transitional Measures concerning Upper Limit on Contract
Period)
If an employer who entered into a labor contract under the
previous provision of Article 9 (3) at the time this Act enters
into force enters into a new labor contract or renews the
existing labor contract under the amended provision of Article 9
(3) after this Act enters into force, he/she may enter into or
renew a labor contract for a period obtained by subtracting the
total labor contract period under the previous provision of
Article 9 (3) from three years.
Article 6 (Transitional Measures concerning Penal Provisions and
Fines for Negligence)
The application of penal provisions and fines for negligence
to acts committed before this Act enters into force shall be
governed by the previous provisions.
Addenda
<Act No. 10339, Jun. 4, 2010; Revision of the Government Organization Act>

This Act shall enter into force one month after the date of
its promulgation. <Proviso omitted>
Articles 2 and 3 Omitted.
▮▮ 23
1. EMPLOYMENT LAWS

“Ministry of Labor” in Article 4 (4) shall be changed to
“Ministry of Employment and Labor”.
“Minister of Labor” in Article 5 (1) through (3), Article 7
(1), (2) and (3), Article 12 (2) and (8), Article 18-2 (1) 1 and 2,
Article 20 (2), parts other than each subparagraph of Article
21, Article 26 (1), Article 27 (2), Article 27 (4) 3, parts other
than each subparagraph of Article 27-2 (1), parts other than
each subparagraph of Article 27-3 (1), Article 27-3 (2), Article 28 and
Article 32 (2) shall be changed to “Minister of Employment and
Labor”.
“Ordinance of the Ministry of Labor” in Article 8 (1), Article
9 (1), Article 11 (1) and (3), the former part of Article 12 (3),
Article 12 (4), Article 17 (1), Article 18-2 (2), Article 20 (2),
Article 24-2 (2), parts other than each subparagraph of Article
25 (1), Article 27 (1) through (3), Article 27-2 (1) 4, Article 27-2
(2) and parts other than each subparagraph of Article 27-3 (1)
shall be changed to “Ordinance of the Ministry of Employment
and Labor”.
“Local labor offices” in Article 28 shall be changed to “local
employment and labor offices”.
Article 5 Omitted.
Addenda
<Act No. 11276, Feb. 1, 2012>

This Act shall enter into force five months after the date of
its promulgation.
Article 2 (Applicability concerning Special Cases for Restrictions
on Employment After Re-entry)
(1) The amended provisions of Article 18-4 shall also apply to
foreign workers for whom the expiration date of the employment
period extended under Article 18-2 before the enforcement of
this Act arrives after this Act enters into force.
(2) The amended provisions of Article 18-4 shall also apply
to foreign workers who re-entered the Republic of Korea and
are employed under Article 18-2 of the previous Act on Foreign

Workers Employment, etc., (referring to the Act on Foreign Workers

Employment, etc., that existed before it was partially amended
by Act no. 9798).
Article 3 (Applicability concerning Permission for Change of Business
or Workplace)
The amended provisions of Article 25 (1) shall apply to the
cases where a reason to transfer to another business or workplace
arises after this Act enters into force.
Addenda
<Act No. 11690, Mar. 23, 2013; Revision of the Government
Organization Act>

(1) This Act shall enter into force on the date of its
promulgation.
(2) Omitted.
Article 2 and 5 Omitted.
(525) Parts of the Act on Foreign Workers' Employment,
etc., shall be revised as follows:
"The Minister of the Prime Minister's Office" and "the Vice
Minister of Foreign Affairs and Trade, the Vice Minister of Justice,
the Vice Minister of Knowledge and Economy" in Article 4 (4)
shall be changed to "Chief of the Office for Government Policy
Coordination“ and “the Vice Minister of Foreign Affairs, the
Vice Minister of Justice, the Vice Minister of Industry, Trade,
and Resources“ respectively.
Article 7 Omitted.
Addenda
<Act No. 12371, Jan. 28, 2014>

This Act shall enter into force six months after the date of
its promulgation: Provided that the amended provisions of
Article 29 shall enter into force on the date of its promulgation.
▮▮ 25
1. EMPLOYMENT LAWS
Article 2 (Applicability concerning Timing of Payment of Insurance

Benefits, etc.)
The amended provisions of Article 13 (3) shall apply to
cases where an application for payment of insurance benefits,
etc., is made after this Act enters into force.
Article 3 (Applicability concerning Extinctive Prescription of Insurance
Benefits, etc.)
The amended provisions of the former part of Article 13 (4)
(including cases where they shall apply mutatis mutandis in
accordance with the amended provisions of Article 15 (3))
concerning the extinctive prescription of insurance benefits, etc.,
shall also apply to insurance benefits, etc., which were accumulated
before the entry into force of this Act and whose extinctive
prescription was not completed by the day before the entry into
force of this Act.
Article 4 (Applicability concerning Transfer of Insurance Benefits,
etc., Whose Extinctive Prescription Has Been Completed)
The amended provisions of the latter part of Article 13 (4)
(including cases where they shall apply mutatis mutandis in
accordance with the amended provisions of Article 15 (3))
concerning the transfer of insurance benefits, etc., whose extinctive
prescription has been completed shall also apply to insurance
benefits, etc., which were accumulated before the entry into
force of this Act and whose extinctive prescription is completed
after the entry into force of this Act.

ENFORCEMENT DECREE OF THE ACT ON FOREIGN WORKERS' EMPLOYMENT, ETC.
ENFORCEMENT DECREE OF THE ACT ON FOREIGN

WORKERS' EMPLOYMENT, ETC.
Presidential Decree No. 18314, Mar. 17, 2004
Amended by Presidential Decree No. 18520, Aug. 17, 2004

Presidential Decree No. 19156, Nov. 30, 2005
Presidential Decree No. 19513, Jun. 12, 2006
Presidential Decree No. 19919, Feb. 28, 2007
Presidential Decree No. 20248, Sep. 6, 2007
Presidential Decree No. 21928, Dec. 30, 2009
Presidential Decree No. 22003, Jan. 27, 2010
Presidential Decree No. 22114, Apr. 7, 2010
Presidential Decree No. 22269, Jul. 12, 2010
Presidential Decree No. 23785, May 14, 2012
CHAPTER Ⅰ
General Provisions
<Newly Inserted by Presidential Decree No. 22114, Apr. 7, 2010>
Article 1 (Purpose)
The purpose of this Decree is to prescribe matters delegated
by the Act on Foreign Workers' Employment, etc., and those
necessary for the enforcement thereof.
<This Article Wholly Amended by Presidential Decree No. 22114,
Apr. 7, 2010>
Article 2 (Foreign Workers Excluded from Application of Act)
“Those specified by the Presidential Decree” in the proviso
to Article 2 of the Act on Foreign Workers' Employment, etc.,
(hereinafter referred to as the “Act”) refers to persons that fall
under any of the following subparagraphs:
1. Persons falling into the categories of 9. short-term employment
(C-4) and 19. professor (E-1) through 25. specific activities
▮▮ 27
1. EMPLOYMENT LAWS
(E-7) among the statuses of sojourn eligible for employment

under Article 23 (1) of the Enforcement Decree of the
Immigration Control Act;
2. Persons whose activities are not restricted in accordance
with the classification of status of sojourn under Article
23 (2) through (4)　 of the Enforcement Decree of the
Immigration Control Act; and
3. Persons engaged in employment and falling into the
category of 30. employment in tourism (H-1) under Article
23 (5) of the Enforcement Decree of the Immigration
Control Act.
Apr. 7, 2010>
Article 3 (Matters Subject to Deliberation and Decision by Foreign
Workforce Policy Committee)
“Matters prescribed by the Presidential Decree” in Article 4
(2) 4 of the Act refers to the following matters:
1. Matters concerning businesses or workplaces eligible to
employ foreign workers;
2. Matters concerning the number of foreign workers that
can be employed in a business or workplace;
3. Matters concerning the types of industries eligible to
introduce foreign workers and the number of foreign
workers to be introduced by country entitled to send foreign
workers (hereinafter referred to as “sending country”);
4. Matters concerning the protection of foreign workers' rights
and interests; and
5. Other matters deemed necessary for the employment, etc.,
of foreign workers by the chairperson of the Foreign
Workforce Policy Committee (hereinafter referred to as the
“Policy Committee”) under Article 4 of the Act.
Apr. 7, 2010>
Article 4 (Composition of Policy Committee)
“The relevant central administrative agencies prescribed by
the Presidential Decree” in Article 4 (4) of the Act refers to the
Ministry of Public Administration and Security, the Ministry of
Culture, Sports and Tourism, the Ministry of Food, Agriculture,
Forestry and Fisheries, the Ministry for Health and Welfare, and
the Ministry of Land Transport and Maritime Affairs.<Amended
by Presidential Decree No. 24447, Mar. 23, 2013>


Apr. 7, 2010>
Article 5 (Duties of Chairperson of Policy Committee)
(1) The chairperson of the Policy Committee shall represent
the Policy Committee and have overall control over its affairs.
(2) If the chairperson of the Policy Committee is unable to
perform his/her duties due to an inevitable reason, a member
designated by the chairperson shall act on his/her behalf.
Apr. 7, 2010>
Article 6 (Operation of Policy Committee)
(1) The chairperson of the Policy Committee shall convene
and preside over its meetings.
(2) The Policy Committee meetings shall be held with the
attendance of a majority of its members and make a decision
with the approval of a majority of the members present.
(3) The Policy Committee shall have one secretary to manage
its affairs, and the secretary shall be appointed by the Minister
of the Prime Minister's Office from among public officials of
Grade Ⅲ in the Prime Minister's Office or general public officials
belonging to the Senior Civil Service.<Amended by Presidential
Decree No. 24447, Mar. 23, 2013>
(4) The Policy Committee may, if deemed necessary for
deliberation and decision on its agenda items, request relevant
administrative agencies or organizations, etc., to submit documents
or summon relevant public officials or experts, etc., to its meeting
and hear their opinions.
(5) The relevant public officials or experts, etc., who attend
a meeting pursuant to paragraph (4) may be paid allowances
and travel expenses within the limit of the budget: Provided
that this shall not apply in cases where they attend a meeting
in direct relation to their duties.
(6) Matters necessary for the operation, etc., of the Policy
Committee, other than those provided for in this Decree, shall
be determined by the chairperson after decision by the Policy
Committee.
Apr. 7, 2010>
Article 7 (Composition, Operation, etc., of Working Committee for
Foreign Workforce Policy)
▮▮ 29
1. EMPLOYMENT LAWS
(1) The Working Committee for Foreign Workforce Policy

(hereinafter referred to as the “Working Committee”) under Article
4 (5)　of the Act shall be composed of not more than 25 members
including one chairperson.
(2) The Working Committee shall consist of members representing
workers (hereinafter referred to as “worker members”), members
representing employers (hereinafter referred to as “employer
members”), members representing public interests (hereinafter
referred to as “public interest members”) and members representing
the government (hereinafter referred to as “government members”),
and the numbers of worker members and employer members
shall be equal.
(3) The Vice Minister of Employment and Labor shall be the
chairperson of the Working Committee and members of the
Working Committee shall be commissioned or appointed by the
chairperson of the Working Committee from among people
classified in accordance with the following:
1. Worker members: persons recommended by a federation of
trade unions;
2. Employer members: persons recommended by a nationwide
employers' organization;
3. Public interest members: persons with plenty of knowledge
and experience regarding the employment of foreign workers,
the protection of their rights and interests, etc.; and
4. Government members: persons who are public officials of
Grade Ⅲ in any relevant central administrative agency or
general public officials belonging to the Senior Civil
Service and perform duties related to foreign workers.
(4) The term of office for a member of the Working Committee
under paragraph (2) shall be two years (in the case of a
government member, his/her term of office).
(5) The Working Committee shall deliberate in advance on
necessary matters, among matters to be deliberated and decided
on by the Policy Committee, and report the results to the Policy
Committee.
(6) The Working Committee may pay allowances and travel
expenses within the limit of the budget to its members: Provided
that this shall not apply in cases where a member who is a
public official attends a meeting in direct relation to his/her duties.
(7) The provisions of Article 5 and Article 6 (1) and (6)
shall apply mutatis mutandis with respect to the Working
Committee. In such cases, “Policy Committee” shall be read as

“Working Committee”.
Apr. 7, 2010>
Article 8 (Notice of Foreign Worker Introduction Plan)
“The method prescribed by the Presidential Decree” in
Article 5 (1) of the Act refers to giving a public notice through
the media described in any of the following subparagraphs:
1. Official gazette;
2. Daily newspapers with a nationwide circulation under
Article 9 (1) of the Act on the Promotion of Newspapers,
etc.; and
3. Internet.
Apr. 7, 2010>
Article 9 (Survey and Research Projects)
The Minister of Employment and Labor may, pursuant to
Article 5 (3)　of the Act, conduct survey or research projects on
the following matters to assist foreign worker-related affairs:
<Amended by Presidential Decree No. 22269, Jul. 12, 2010>
1. Matters concerning labor shortage trends by industry and
occupation in Korea;
2. Matters concerning working conditions, such as wages,
and employment situation of foreign workers;
3. Matters concerning employers' satisfaction with the employment
of foreign workers;
4. Matters concerning compliance of the matters consulted
pursuant to Article 12 (1);
5. Matters concerning foreign workers' adaptation to life in
Korea and improvement in their understanding of Korea; and
6. Other matters deemed necessary by the Minister of
Employment and Labor for the introduction and administration
of foreign workers.
Apr. 7, 2010>
Article 10 Deleted. <Presidential Decree No. 19601, Jun. 30, 2006>
▮▮ 31
1. EMPLOYMENT LAWS
CHAPTER II
Procedures for Employment of Foreign Workers
Article 12 (Preparation of Roster of Foreign Job Seekers)
(1) The Minister of Employment and Labor shall consult a
sending country about the following matters when preparing a
roster of foreign job seekers pursuant to Article 7 (1) of the
Act: <Amended by Presidential Decree No. 22269, Jul. 12, 2010>
1. Matters compliance in relation to the sending and
introduction of workers;
2. Matters concerning the types of industries for which
workers are sent and the number of workers to be sent;
3. Matters concerning institutions responsible for selecting
workers to be sent, and the selection criteria and method;
4. Matters concerning the administration of a test for the
evaluation of proficiency in the Korean language (hereinafter
referred to as “Korean language proficiency test”) pursuant
to Article 7 (2) of the Act; and
Employment and Labor for the smooth sending and
introduction of foreign workers.
(2) The Minister of Employment and Labor shall prepare
and manage a roster of foreign job seekers based on a workforce
list forwarded by a sending country. <Amended by Presidential
Decree No. 22269, Jul. 12, 2010>
Apr. 7, 2010>
Article 13 (Korean Language Proficiency Test)
(1) The Minister of Employment and Labor shall, pursuant
to Article 7 (2) of the Act, select an agency which will
administer the Korean language proficiency test after taking into
consideration the following matters: <Amended by Presidential
Decree No. 22269, Jul. 12, 2010>
1. Administrative and financial capacity to administer the
Korean language proficiency test;
2. Whether the agency is able to administer the Korean
language proficiency test in an objective and fair manner;
3. Adequacy of the contents of the Korean language proficiency
test; and


Employment and Labor for the smooth administration of
the Korean language proficiency test.
(2) The Minister of Employment and Labor may cancel the
selection if the Korean language proficiency test administration
agency selected pursuant to paragraph (1) falls under any of
the following subparagraphs: <Amended by Presidential Decree No.
22269, Jul. 12, 2010>
1. Where the agency was selected in a false or any other
fraudulent way;
2. Where there is any irregularity in the process of inviting
applicants for the Korean language proficiency test,
administering the test or choosing successful applicants;
3. Other cases where it is deemed difficult for the agency to
perform its functions as a Korean language proficiency test
administration agency, such as when it fails to meet the
criteria, etc., for selection of a Korean language proficiency
test administration agency under paragraph (1).
(3) The Korean language proficiency test shall be held at
least once every year, and, in principle, be a written multiple-
choice test, but an essay test may be added.
(4) The contents of the Korean language proficiency test shall
include basic matters necessary for work, such as understanding
of Korean culture and occupational safety.
(5) A Korean language proficiency test administration agency
selected pursuant to paragraph (1) shall make a report on the
following matters to the Minster of Employment and Labor by
April 30 every year: <Amended by Presidential Decree No. 22269,
Jul. 12, 2010 and Presidential Decree No. 25521, Jul. 28, 2014>
1. Results of the administration of the Korean language
proficiency test in the previous year and plan for the
administration of the Korean language proficiency test in
the relevant year;
2. Matters concerning the establishment and implementation
of measures to prevent cheating on the Korean language
proficiency test;
3. Income and expenditure statement for the previous year
and income and expenditure plan for the relevant year on
application fees of the Korean language proficiency test; and
4. Other matters determined by the Minister of Employment
and Labor with regard to the administration of the Korean
language proficiency test.
▮▮ 33
1. EMPLOYMENT LAWS
(6) If a Korean language proficiency test administration

agency intends to collect and use application fees pursuant to
Article 7 (3) of the Act, it shall obtain approval from the
Minister of Employment and Labor with regard to the amount
of application fee, collection and return procedures and usage
plan for each sending country. The same shall apply to any
modification of approved matters. <Newly Inserted by Presidential
Decree No. 25521, Jul. 28, 2014>
(7) The head of a Korean language proficiency test
administration agency shall inform applicants of matters approved
by the Minister of Employment and Labor pursuant to paragraph
(6) by, for example, including those matters in its plan to
administer the Korean language proficiency test in each sending
country. <Newly Inserted by Presidential Decree No. 25521, Jul. 28, 2014>
Apr. 7, 2010>
Article 13-2 (Evaluation of Qualification Requirements Such As Skill
Levels)
(1) The methods and contents of evaluation of qualification
requirements under Article 7 (4) of the Act shall be as follows:
1. Methods
A. Written test;
B. Performance test; and
C. Interview.
2. Contents
A. Skill level required to work in a type of business where
foreign workers intend to be employed;
B. Physical strength of foreign job seekers;
C. Previous work experience; and
D. Other matters deemed necessary for evaluating whether
qualification requirements conform to manpower demand.
(2) The Minister of Employment and Labor shall determine
the methods and contents of evaluation under paragraph (1),
notify the Human Resources Development Service of Korea
under the Act on the Human Resources Development Service of
Korea (hereinafter referred to as “HRD Korea”) of them, and
give public notice via the bulletin board and website, etc., of
the Ministry of Employment and Labor. <Amended by Presidential
Decree No. 22269, Jul. 12, 2010>
(3) HRD Korea shall report the following matters to the
Minister of Employment and Labor by April 30 every year:


1. Results of the evaluation of qualification requirements in
the previous year and plan for the evaluation of qualification
requirements in the relevant year; and
2. Other matters determined by the Minister of Employment
and Labor with regard to the evaluation of qualification
requirements.
<This Article Newly Inserted by Presidential Decree No. 22114,
Apr. 7, 2010>
Article 13-3 (Extension of Effective Term of Applications for Employment
Permit)
If an employer requests an extension of the effective term of
applications for employment permit before its expiry date
pursuant to Article 8 (2) of the Act because any of the following
events occurs, the head of an employment security office under
subparagraph 1 of Article 2-2 of the Employment Security Act
(hereinafter referred to as “employment security office”) may
extend the effective term by up to three months:
1. Where it is impossible to hire any new worker due to
temporary deterioration in business or unexpected curtailment
of operations, etc.;
2. Where it is impossible to continue business due to a
natural disaster or any other inevitable reason.
Apr. 7, 2010>
Article 13-4 (Requirements for Issuance of Employment Permits)
“The conditions prescribed by the Presidential Decree, such
as the types of industries eligible to introduce foreign workers
and the number of foreign workers to be introduced" in Article
8 (3) of the Act refers to all of the following requirements:
1. The employer shall be involved in a type of industry
eligible to introduce foreign workers and a business or
workplace allowed to employ foreign workers, as determined
by the Policy Committee;
2. The employer shall have failed to hire all or some of
native workers whom he/she filed an application for
seeking with an employment security office, despite his/her
efforts to seek native workers beyond the period determined
by the Ordinance of the Ministry of Employment and
Labor: Provided that this shall not apply to cases where
▮▮ 35
1. EMPLOYMENT LAWS
an employer has refused to hire a native worker twice or

more without a justifiable reason despite receiving job
placement services from the head of an employment
security office under Article 6 (2) of the Act;
3. The employer shall not have dismissed any native worker
through employment adjustment during the period from
two months before the date of filing an application for
seeking native workers pursuant to Article 6 (1) of the
Act until the date of issuance of an employment permit
for foreign workers (hereinafter referred to as “employment
permit”) under Article 8 (4) of the Act;
4. The employer shall have no record of delaying payment
of wages during the period from five months before the
date of filing an application for seeking native workers
pursuant to Article 6 (1) of the Act until the date of
issuance of an employment permit;
5. The employer shall have subscribed to 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; and
6. If the employer runs a business or workplace employing
foreign workers, he/she shall have taken out the insurance
or trust under Article 13 of the Act and the guarantee
insurance under Article 23 (1)　 of the Act for his/her
foreign workers (limited to employers required to subscribe
to such insurance).
Apr. 7, 2010>
Article 14 (Issuance, etc., of Employment Permit)
(1) An employer issued with a foreign worker employment
permit pursuant to Article 8 (4)　 of the Act shall enter into a
labor contract with the foreign worker within three months
from the date of issuance of the said employment permit.
(2) If after being issued with an employment permit pursuant
to Article 8 (4)　 of the Act, an employer fails to enter into a
labor contract with the foreign worker due to an inevitable
reason, such as the death of the foreign worker, or after entering
into a labor contract, the foreign worker becomes unable to
start work due to a reason not attributable to the employer, the

head of an employment security office shall recommend another

foreign worker and reissue an employment permit. <Amended by
Presidential Decree No. 25521, Jul. 28, 2014>
(3) If the head of an employment security office issues or
reissues an employment permit to an employer pursuant to
Article 8 (4) of the Act or paragraph (2) of this Article, the
employment permit period shall be set within the labor contract
period prescribed in Article 9 (3) or (4) of the Act.
(4) Matters concerning the issuance and reissuance of
employment permits shall be prescribed by the Ordinance of the
Ministry of Employment and Labor. <Amended by Presidential
Decree No. 22269, Jul. 12, 2010>
Apr. 7, 2010>
Article 15 Deleted. <Presidential Decree No. 23020, Jul. 5, 2011>
Article 16 (Signing of Labor Contracts, etc., through Agent)
If an employer or HRD Korea enters into a labor contract
or acts as an agent for the said contract on behalf of an
employer pursuant to Article 9 of the Act, two copies of the
labor contract shall be prepared, one of which shall be provided
to the foreign worker.
Apr. 7, 2010>
Article 17 (Effective Period, etc., of Labor Contracts)
(1) A labor contract signed under Article 9 (1) of the Act
shall enter into force on the date on which the foreign worker
enters Korea.
(2) An employer who renews a labor contract pursuant to
Article 9 (3) of the Act shall obtain permission to extend the
employment period of the foreign worker from the head of an
employment security office.
Apr. 7, 2010>
Article 18 (Institutions Providing Employment Training for Foreign
Workers)
“An institution prescribed by the Presidential Decree” in
Article 11 (1) of the Act refers to one that falls under any of
22269, Jul. 12, 2010>
1. HRD Korea; and
▮▮ 37
1. EMPLOYMENT LAWS
2. A non-profit corporation or non-profit organization designated

and announced by the Minister of Employment and Labor
in consideration of the characteristics of each industry. In
such cases, the specific criteria and procedures, etc., for
such designation shall be separately determined by the
Minister of Employment and Labor.
Apr. 7, 2010>
Article 19 (Foreign Workers Subject to Special Cases for Employment
of Foreign Workers)
“A foreigner who has entered in the Republic of Korea on
a visa specified by the Presidential Decree” in the former part
of the sentences other than each subparagraph of Article 12 (1)
of the Act refers to a person qualifying for the status of sojourn
31. visiting employment (H-2) specified in the attached Table 1
of the Enforcement Decree of the Immigration Control Act.
Apr. 7, 2010>
Article 20 (Requirements, etc., for Issuance of Certificate of Exceptionally
Permissible Employment)
(1) The requirements for the issuance of employment permits
under Article 13-4 shall apply mutatis mutandis to the requirements
for the issuance of certificates of exceptionally permissible
employment (hereinafter referred to as “certificates of exceptionally
permissible employment”) under the latter part of Article 12 (3)
of the Act and Article 12 (6) of the Act. In such cases, “employment
permit” shall be read as “certificate of exceptionally permissible
employment”.
(2) When an employer makes an application pursuant to
the former part of Article 12 (3) of the Act, the head of an
employment security office shall issue a certificate of exceptionally
permissible employment if the requirements for the issuance of
employment permits under Article 13-4, which shall apply
mutatis mutandis pursuant to paragraph (1), are satisfied.
Apr. 7, 2010>
Article 20-2 (Confirmation of Modification of Certificate of Exceptionally
Permissible Employment)
(1) If an employer, after being issued with a certificate of
exceptionally permissible employment pursuant to Article 12 (6)

of the Act, needs to modify the important matters prescribed by

the Ordinance of the Ministry of Employment and Labor, such
as the number of foreign workers permitted to be employed in
the business or workplace, in the certificate of exceptionally
permissible employment as a result of changes to the industry
or size, etc., of the relevant business or workplace, the employer
shall obtain confirmation of such modification from the head of
an employment security office. <Amended by Presidential Decree
No. 22269, Jul. 12, 2010>
(2) Necessary matters concerning the procedure for the
confirmation of modification of a certificate of exceptionally
permissible employment shall be determined by the Ordinance
of the Ministry of Employment and Labor.<Amended by
Apr. 7, 2010>
CHAPTER Ⅲ
Employment Management for Foreign Workers
Article 21 (Departure Guarantee Insurance and Trust)

(1) Employers required to take out insurance or trust
(hereinafter referred to as “departure guarantee insurance, etc.”)
under Article 13 of the Act shall be those that fall under all of
the following subparagraphs: Provided that the employers of
businesses or workplaces specified in Article 12 (1) 1 of the Act
shall be excluded: <Amended by Presidential Decree No. 23020, Jul.
5, 2011 and Presidential Decree No. 23785, May. 14, 2012>
1. The employer of a business or workplace falling within
the scope of application under Article 3 of the Employee
Retirement Benefit Security Act; and
2. An employer who hires a foreign worker whose remaining
employment period under Article 18 or 18-2 (1) of the
Act is one year or more.
(2) An employer required to take out departure guarantee
insurance, etc., under paragraph (1) shall take out departure
guarantee insurance, etc., that meets all of the following
requirements, within 15 days from the date on which a labor
▮▮ 39
1. EMPLOYMENT LAWS
contract enters into force: <Amended by Presidential Decree No.

22269, Jul. 12, 2010; Presidential Decree No. 23020, Jul. 5, 2011;
Presidential Decree No. 23785, May. 14, 2012; and Presidential
Decree No. 25521, Jul. 28, 2014>
1. Apart from wages under Article 2 (1) 5 of the Labor
Standards Act, the employer shall deposit the amount of
money determined and announced by the Minister of
Employment and Labor, every month for the insured
person or beneficiary (hereinafter referred to as “insured
person, etc.”) pursuant to Article 13 of the Act;
2. In cases such as this where the insured person, etc., who
has worked consecutively for one year or more departs
from Korea (excluding temporary departure) or dies or
has his/her status of sojourn changed, he/she shall be
allowed to claim a lump-sum payment of the amount of
money accumulated in the financial institution (referred to
as “insurance provider” in this Article) which deals with
the relevant departure guarantee insurance, etc.: Provided
that if the employment period of the insured person is
less than one year, the lump-sum payment shall revert to
the employer;
3. The right of the insured person, etc., to receive a lump-sum
payment under the departure guarantee insurance, etc.,
shall not be transferred or offered as collateral: Provided
that in any of the following cases, the right to receive a
lump-sum payment may be offered as collateral up to
50/100 of the accumulated insurance premiums and trust
installments.
A. Where the insured person, etc., has terminated his/her
employment relationship with the employer to transfer
to another business or workplace and needs medical
care for four consecutive weeks or more due to an
illness or injury; and
B. Where the insured person, etc., transfers to another
business or workplace due to any reason prescribed in
subparagraph 2 or 3 of Article 25 (1) of the Act.
4. The insurance provider shall inform the insured person,
etc., of the terms and conditions of the contract of departure
guarantee insurance, etc., prior to the signing of the contract
and notify the insured person, etc., of the fact thereafter; and
5. The insurance provider shall notify the insured person,
etc., of the payment status of insurance premiums or trust

installments and the estimated amount of lump-sum

payment every year.
(3) In the event that the employment relationship of a
foreign worker is terminated or his/her status of sojourn is
changed, the employer shall pay the difference to the foreign
worker if the amount of lump-sum payment under departure
guarantee insurance, etc., is smaller than the amount of retirement
pay under Article 8 (1) of the Employee Retirement Benefit
Security Act. <Amended by Presidential Decree No. 23020, Jul. 5,
2011 and Presidential Decree No. 25521, Jul. 28, 2014>
(4) In order to check the difference between the amount of
lump-sum payment and the amount of retirement pay under
paragraph (3), the employer and foreign worker may request
the insurance provider to confirm the amount of lump-sum
payment. In such cases, the insurance provider shall confirm the
relevant lump-sum payment in writing (including electronic
documents) without delay. <Amended by Presidential Decree No.
25521, Jul. 28, 2014>
Apr. 7, 2010>
Article 21-2 (Composition, Operation, etc., of Committee on
Administration of Dormant Insurance Benefits, etc.)
Benefits, etc., under Article 13-2 (1) of the Act (hereinafter
referred to as "Committee on Administration of Dormant Insurance
Benefits, etc.") shall deliberate and decide on the following matters:
1. Matters concerning the establishment and modification of
a business plan relating to insurance benefits etc., (including
proceeds generated from insurance benefits, etc.; hereinafter
referred to as "dormant insurance benefits, etc.") transferred
pursuant to the latter part of Article 13 (4) of the Act
(including cases to which Article 15 (3) of the Act applies
mutatis mutandis);
2. Matters concerning the compilation of a budget and settlement
of accounts relating to dormant insurance benefits, etc.;
3. Matters concerning the use of dormant insurance benefits,
etc., for any of the following purposes:
A. Implementation of a project to help find dormant
insurance benefits, etc.;
B. Support for and contribution to sending countries;
C. Welfare projects for foreign workers which are covered
with proceeds from the management of dormant insurance
▮▮ 41
1. EMPLOYMENT LAWS
benefits, etc.;
D. Other projects for the insured, etc., using dormant
insurance benefits, etc.
4. Other matters deemed necessary by the chairperson of the
Committee in regard to the administration and management
of dormant insurance benefits, etc.
Benefits, etc., shall comprise not more than 15 members
including one chairperson.
(3) The president of HRD Korea shall be the chairperson of
the Committee on Administration of Dormant Insurance Benefits,
etc., and the following people shall be its members:
1. Two persons commissioned by the president of HRD
Korea from among those recommended by a federation
of trade unions;
2. Two persons commissioned by the president of HRD
Korea from among those recommended by a nationwide
employers' organization;
3. Persons commissioned or appointed by the president of
HRD Korea from among those classified in accordance
with the following:
A. People with plenty of knowledge and experience regarding
the employment of foreign workers and the protection
of their rights and interests or law or accounting;
B. Public officials of Grade IV or above in the Ministry
of Employment and Labor who are in charge of duties
relating to the employment of foreign workers; and
C. Executives of HRD Korea or heads of project teams in
charge of duties relating to the employment of foreign
workers.
(4) The term of office of members shall be two years and
may be renewed once: Provided that the term of office of a
member under paragraph (3) 3 B and C shall be the period
during which he/she holds his/her official position.
(5) Meetings of the Committee on Administration of Dormant
Insurance Benefits, etc., shall be convened with the attendance
of a majority of all members and decisions shall be made with
the approval of a majority of the members present.
(6) A member who attends a meeting of the Committee on
Administration of Dormant Insurance Benefits, etc., may be paid
allowances and travel expenses within the limit of the budget:
Provided that this shall not apply in cases where a member

who is a public official or an executive or employee of HRD

Korea attends in direct relation to his/her duties.
(7) Matters necessary for the operation of the Committee on
Administration of Dormant Insurance Benefits, etc., other than
those prescribed in paragraphs (1) through (6), shall be
determined by the chairperson after decision by the Committee
on Administration of Dormant Insurance Benefits, etc.
Jul. 28, 2014>
Article 21-3 (Duties, etc., of HRD Korea in Relation to Dormant
Insurance Benefits, etc.)
(1) HRD Korea shall perform the following duties in relation
to dormant insurance benefits, etc:
1. Administration and management of dormant insurance
benefits, etc.;
2. Compilation of a budget and settlement of accounts relating
to dormant insurance benefits, etc.; and
3. Other matters deliberated and decided on by the Committee
on Administration of Dormant Insurance Benefits, etc., in
relation to the administration and management of dormant
insurance benefits, etc.
(2) HRD Korea shall account for dormant insurance benefits,
etc., separately from its other accounts. In such cases, dormant
insurance benefits, etc., arising from departure guarantee insurance,
etc., and those from return cost insurance, etc., under Article 22
(1) shall be accounted for separately.
Jul. 28, 2014>
Article 22 (Return Cost Insurance and Trust)
(1) A foreign worker shall take out insurance or trust that
meets all of the following requirements (hereinafter referred to
as “return cost insurance, etc.”) within three months from the
date on which his/her labor contract enters into force pursuant
to Article 15 of the Act: <Amended by Presidential Decree No.
25521, Jul. 28, 2014>
1. The foreign worker shall pay the amount of money
specified in paragraph (3) in a lump sum or in not more
than three installments;
2. If a foreign worker takes out return cost insurance, etc.,
the financial institution (referred to as “insurance provider”
in this Article) which deals with the return cost insurance,
▮▮ 43
1. EMPLOYMENT LAWS
etc., shall notify the head of the employment security

office having jurisdiction over the location of the business
or workplace of it; and
3. If a foreign worker claims a lump-sum payment under
return cost insurance, etc., pursuant to paragraph (2), the
insurance provider shall make a lump-sum payment under
return cost insurance, etc., after checking the departure of
the worker with the head of the competent immigration
office.
(2) A foreign worker may claim a lump-sum payment under
return cost insurance, etc.,, if any of the following events occurs:
1. Where the worker intends to depart from Korea due to
the expiration of his/her sojourn period;
2. Where the foreign worker intends to depart from Korea
prior to the expiration of his/her sojourn period due to a
personal reason (excluding temporary departure); and
3. Where a foreign worker who has left his/her business or
workplace intends to voluntarily depart from Korea or is
subject to deportation.
(3) Premiums for return cost insurance, etc., shall be determined
and announced by the Ministry of Employment and Labor for
each country in consideration of the expenses required to return
to the foreign worker's home country. <Amended by Presidential
Decree No. 22269, Jul. 12, 2010>
Apr. 7, 2010>
Article 23 (Employment Management for Foreign Workers)
(1) "Any event prescribed by the Presidential Decree, such
as termination of a labor contract with a foreign worker or
revision to any important matter related to employment” in
Article 17 (1) of the Act refers to any of the following cases:
<Amended by Presidential Decree No. 22564, Dec. 29, 2010>
1. Where a foreign worker dies;
2. Where a foreign worker is unsuitable to continue to work
in the relevant business due to an injury, etc.;
3. Where a foreign worker has been absent from work for
five days or more without going through proper procedures,
such as obtaining approval from the employer, or his/her
whereabouts is unknown;
4. Deleted. <Presidential Decree No. 25521, Jul. 28, 2014>
5. Where a labor contract with a foreign worker is terminated;


8. Where the name of the employer or workplace is changed;
and
9. Where the place of work is changed but not the employer.
to Article 17 (2) of the Act, establish, at least once every year,
a guidance and inspection plan for businesses or workplaces
employing foreign workers and conduct guidance and inspection
for the businesses or workplaces selected in accordance with the
said plan to find out working conditions for foreign workers,
the status of the implementation of occupational safety and
health measures, etc., compliance with other related Acts and
subordinate statutes and so on. <Amended by Presidential Decree
No. 22269, Jul. 12, 2010>
(3) If any violation of related Acts and subordinate statutes,
such as the Labor Standards Act and the Immigration Control
Act, is found as a result of conducting guidance and inspection
pursuant to paragraph (2), the Minister of Employment and
Labor shall take necessary action in conformity with the relevant
Acts and subordinate statutes: Provided that, if the violation
does not fall under the authority of the Minister, it shall be
notified to the competent administrative agency. <Amended by
(4) The head of an immigration office or its branch office
may, in relation to his/her duties, request information relevant
to the management of the employment of foreign workers from
the head of an employment security office. In such cases, the
head of the employment security office shall not refuse such
request unless there is any special reason.
Apr. 7, 2010>
Article 23-2 Deleted. <Presidential Decree No. 22114, Apr. 7, 2010>
Article 24 (Cancellation of Employment Permit or Confirmation
on Exceptionally Permissible Employment for Foreign
Worker)
The Minister of Employment and Labor, when revoking an
employment permit or confirmation on exceptionally permissible
employment granted to an employer, pursuant to Article 19 (1)
of the Act, shall do so in writing, indicating the following
matters: <Amended by Presidential Decree No. 22269, Jul. 12, 2010>
1. Reason(s) for the revocation;
▮▮ 45
1. EMPLOYMENT LAWS
2. Date of termination of the labor contract with the relevant

foreign worker; and
3. Restrictions on the employment of foreign workers, if
any, under Article 20 of the Act.
Apr. 7, 2010>
Article 25 (Restrictions on Employment of Foreign Workers)
“A person who has any other reason specified by the
Presidential Decree” in Article 20 (1) 4 of the Act refers to a
person falling under any of the following subparagraphs:
1. A person who dismisses any native worker through
employment adjustment within six months from the date
on which a foreign worker employment permit is issued
under Article 8 of the Act or from the date on which a
foreign worker starts to work under Article 12 of the Act;
2. A person who forces a foreign worker to provide his/her
services in a business or workplace other than the one
stated in the labor contract; and
3. A person who terminates a labor contract, even though
there is no inevitable reason, such as downsizing or
business closure or change caused by economic fluctuation,
changes in industrial structures, etc., during the period
from the signing of the labor contract under Article 9 (1)
of the Act to the end of employment training for foreign
workers under Article 11 of the Act.
Apr. 7, 2010>
Article 26 (Projects Related to Foreign Workers)
“Projects prescribed by the Presidential Decree” in subparagraph
6 of Article 21 of the Act refers to the following projects:
1. Projects to develop and operate computer systems to manage
employment of foreign workers, necessary for job placement,
employment management, etc., for foreign workers;
2. Projects related to the adaptation of foreign workers to
life in Korea and the promotion of their understanding of
Korean culture;
3. Projects to support the administration of departure guarantee
insurance, etc., return cost insurance, etc., and guarantee
insurance and personal injury insurance under Article 23
of the Act; and
4. Other projects deemed necessary by the Policy Committee

to manage employment of foreign workers.

Apr. 7, 2010>
CHAPTER Ⅳ
Protection of Foreign Workers
Article 27 (Subscription to Guarantee Insurance)

(1) “A business or workplace prescribed by the Presidential
Decree” in Article 23 (1) of the Act refers to a business or
workplace falling under any of the following subparagraphs:
Provided that businesses or workplaces specified in Article 12
(1) 1 of the Act shall be excluded.
1. A business or workplace not subject to the Wage Claim
Guarantee Act; and
2. A business or workplace ordinarily employing less than 300
workers.
(2) The employer of a business or workplace specified in
paragraph (1) shall take out guarantee insurance that meets all
of the following requirements within 15 days from the date on
which a labor contract enters into force: <Amended by Presidential
Decree No. 22269, Jul. 12, 2010>
1. The guarantee insurance shall guarantee not less than the
amount of money determined and announced by the
Minister of Employment and Labor to pay overdue wages;
2. The guarantee insurance company shall notify the foreign
worker of the fact that the guarantee insurance has been
taken out; and
3. If the employer delays payment of wages, the foreign
worker shall be allowed to claim guarantee insurance benefits
against the guarantee insurance company.
Apr. 7, 2010>
Article 28 (Subscription to Personal Injury Insurance)
(1) “A business or workplace prescribed by the Presidential
Decree” in Article 23 (2) of the Act refers to a business or
workplace employing foreign workers.
▮▮ 47
1. EMPLOYMENT LAWS
(2) Any foreign worker employed in the business or workplace

specified in paragraph (1) shall take out a personal injury
insurance that meets all of the following requirements within 15
days from the date on which his/her labor contract enters into
force: <Amended by Presidential Decree No. 22269, Jul. 12, 2010>
1. The amount of insurance benefits determined and announced
by the Minister of Employment and Labor shall be paid
in the event of the death, illness, etc., of the foreign worker;
and
2. A foreign worker or his/her bereaved family member
shall be allowed to claim personal injury insurance benefits
against the insurance company in the event of the death,
illness, etc., of the foreign worker.
Apr. 7, 2010>
Article 29 (Support for Organizations, etc., Related to Foreign Workers)
(1) “Projects prescribed by the Presidential Decree” in Article
24 (1) of the Act refers to the following projects:
1. A project to provide free medical services for foreign
workers;
2. A project related to cultural events for foreign workers;
3. A project to provide funeral services for foreign workers;
4. A project to support foreign workers' job seeking activities
and life in Korea; and
5. Other projects deemed necessary by the Policy Committee
for the protection, etc., of foreign workers’ rights and interests.
(2) An institution or organization for which the State may
provide support for the cost required for a project under Article
24 (1) of the Act shall satisfy all of the following requirements:
1. The institution or organization shall be a non-profit
corporation or non-profit organization;
2. The institution or organization shall have the facilities or
equipment determined and announced by the Minister of
Employment and Labor to conduct the project; and
3. The institution or organization shall employ two or more
persons who hold a necessary national qualification or a
private qualification certified by the State or have at least
one-year experience in the relevant field to conduct the
project.
(3) If the Minister of Employment and Labor intends to
provide support for the cost required for a project to an institution
or organization satisfying all the requirements specified in

paragraph (2), he/she shall evaluate its project plan, outcomes,

etc., every year and decide whether to provide such support.
(4) The level of support for the cost required to conduct a
project under Article 24 (1) of the Act shall be determined by
the Minister of Employment and Labor. In such cases, the level
of support may be set differently according to the results of an
evaluation of project outcomes, etc. <Amended by Presidential
Decree No. 22269, Jul. 12, 2010>
(5) Matters necessary for the selection procedure, operation,
etc., of institutions or organizations whose costs the Minister of
Employment and Labor may support, other than those prescribed
in paragraphs (1) through (4), shall be determined by the
Minister of Employment and Labor. <Amended by Presidential
Decree No. 22269, Jul. 12, 2010>
Apr. 7, 2010>
Article 30 (Change of Business or Workplace)
(1) “Event prescribed by the Presidential Decree” in Article
25 (1) 3 of the Act refers to cases where a foreign worker is
unsuitable to continue to work in the relevant business or
workplace due to an injury, etc., but deemed possible to work
in another business or workplace. <Amended by Presidential
Decree No. 23785, May. 14, 2012>
(2) Deleted. <Presidential Decree No. 23785, May. 14, 2012>
(3) The head of an employment security office shall notify
the head of the competent immigration office or its branch
office of the list of persons subject to departure pursuant to
Article 25 (3) of the Act.
Apr. 7, 2010>
CHAPTER Ⅴ

(1) The Minister of Employment and Labor shall delegate
▮▮ 49
1. EMPLOYMENT LAWS
the following authority to the heads of local employment and

labor offices in accordance with Article 28 of the Act: <Amended
by Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree
No. 23020, Jul. 5, 2011; and Presidential Decree No. 23785, May.
14, 2012>
1. Receipt and handling of requests for permission for
reemployment made by employers under Article 18-2 of
the Act;
2. Receipt and handling of requests for permission for
employment after reentry under Article 18-4 of the Act;
3. Issuance of orders, investigation, examination, etc., under
Article 26 (1) of the Act (limited to orders, investigation,
examination for employers and foreign workers);
4. Imposition and collection of fines for negligence under
Article 32 of the Act; and
5. Guidance and inspection under Article 23 (2).
to Article 28 of the Act, entrust the following authority to HRD
Korea: <Amended by Presidential Decree No. 22269, Jul. 12, 2010>
1. Preparation and management of a roster of foreign
job-seekers under Article 12 (2) of the Act;
2. A project to assist foreign workers with the entry and
departure under subparagraph 1 of Article 21 of the Act;
3. A cooperation project with public agencies in sending
countries under subparagraph 3 of Article 21 of the Act; and
4. Collection of fees, etc., under Article 27 (2) of the Act
(limited to projects entrusted under subparagraphs 2 and 3).
to Article 28 of the Act, entrust the following authority to the
Korea Occupational Safety and Health Agency, and a non-profit
corporation or non-profit organization designated and announced
by the Minister of Employment and Labor after considering
human and material capability, etc., for the performance of
duties: <Amended by Presidential Decree No. 22269, Jul. 12, 2010>
1. A project to provide training to foreign workers and their
employers under subparagraph 2 of Article 21 of the Act;
2. A cooperation project with foreign workers-related private
organizations under subparagraph 3 of Article 21 of the Act;
3. A project to offer services, such as counseling, to foreign
workers and their employers under subparagraph 4 of
Article 21 of the Act;
4. Collection of fees, etc., under Article 27 (2) of the Act

(limited to projects entrusted under subparagraphs 1

through 3);
5. A project related to the adaptation of foreign workers to
life in Korea and the promotion of their understanding of
Korean culture under subparagraph 2 of Article 26;
6. A support project under subparagraph 3 of Article 26;
to Article 28 of the Act, entrust the development and operation
of computer systems to manage employment of foreign workers
under subparagraph 1 of Article 26 to the Korea Employment
Information Service under Article 18 of the Framework Act on
Employment Policy. <Amended by Presidential Decree No. 22269,
Jul. 12, 2010>
Apr. 7, 2010>
Article 31-2 (Management of Unique Identifying Information)

(1) The Minister of Employment and Labor (including a
person to whom the authority of the Minister of Employment
and Labor is delegated or entrusted), the head of an employment
security office or HRD Korea may manage data containing resident
registration numbers or foreigner registration numbers under
subparagraph 1 or 4 of Article 19 of the Enforcement Decree of
the Personal Information Protection Act, if it is inevitable in
order to perform the following duties: <Amended by Presidential
Decree No. 23785, May. 14, 2012>
1. Duties concerning the implementation of a foreign worker
introduction plan established under Article 5 of the Act;
2. Duties concerning the preparation of a roster of foreign
job seekers under Article 7 of the Act;
3. Duties concerning employment permit for foreign workers
under Article 8 of the Act;
4. Duties concerning the conclusion of a labor contract with
a foreign worker under Article 9 of the Act;
5. Duties concerning special cases for employment of foreign
workers under Article 12 of the Act;
6. Duties concerning departure guarantee insurance and trust
7. Duties concerning return cost insurance and trust under
8. Duties concerning employment management for foreign
workers under Article 17 of the Act;
▮▮ 51
1. EMPLOYMENT LAWS
9. Duties concerning the extension of an employment period

under Article 18-2 of the Act;
10. Duties concerning permission for employment after reentry
11. Duties concerning subscription to guarantee insurance,
personal injury insurance, etc., under Article 23 of the
Act;
12. Duties concerning a change of business or workplace by
foreign workers under Article 25 of the Act; and
13. Duties concerning reporting, investigation, etc., under
Article 25 of the Act.
Jan. 6, 2012>
CHAPTER Ⅵ
Penal Provisions
Article 32 (Criteria for Imposition of Fines for Negligence)

The criteria for the imposition of fines for negligence under
Article 32 (1) of the Act are provided for in the attached Table.
Jul. 5, 2011>
Addendum
<Presidential Decree No. 18314, Mar. 17, 2004>
This Decree shall enter into force on March 17, 2004:

Provided that the provisions of Article 3 through Article 9 and
Article 12 shall enter into force on the date of its promulgation
and the provisions of Article 13 (2) through (4) shall enter into
force on August 17, 2005.
Addenda
<Presidential Decree No. 18520, Aug. 17, 2004; Revision of the
Enforcement Decree of Immigration Control Act>
(1) (Enforcement Date) This Decree shall enter into force on

August 17, 2004.

(4) (Revision of Other Decrees) Parts of the Enforcement
Decree of the Act on Foreign Workers’ Employment, etc., shall
be revised as follows:
Subparagraph 5 of Article 3 shall be replaced by subparagraph
6 of Article 3, and subparagraph 5 of the same Article shall be
newly inserted as follows.
5. Matters specified in each subparagraph of Article 24-3 (1)
of the Enforcement Decree of the Immigration Control Act
Addendum
<Presidential Decree No. 19156, Nov. 30, 2005>
This Decree shall enter into force on December 1, 2005.
Addendum
This Decree shall enter into force on March 31, 2006.
Addenda
<Presidential Decree No. 19513, Jun. 12, 2006; Revision of the Personnel
Regulations of Senior Civil Service>

This Decree shall enter into force on July 1, 2007.
Article 4 (Revision of Other Decrees)
(157) Parts of the Enforcement Decree of the Act on Foreign
Workers' Employment, etc., shall be revised as follows:
“Public officials of Grade II or Grade III” under Article 6
(3) shall be changed to “public officials of Grade III or general
public officials belonging to the Senior Civil Service”.
“Public officials of Grade II or Grade III” under Article 7
(3) 4 shall be changed to “public officials of Grade III or
general public officials belonging to the Senior Civil Service”.
▮▮ 53
1. EMPLOYMENT LAWS
Addendum
<Presidential Decree No. 19601, Jun. 30, 2006>
Addendum
<Presidential Decree No. 19919, Feb. 28, 2007>
Addenda
<Presidential Decree No. 20142, Jun. 29, 2007; Revision of the
Enforcement Decree of the Labor Standards Act>

This Decree shall enter into force on July 1, 2007. <Proviso
Omitted>
Workers’ Employment, etc., shall be revised as follows:
“Article 18 of the Labor Standards Act” in Article 21 (2) 1
shall be changed to “Article 2 (1) 5 of the Labor Standards Act”.
Article 5 Omitted.
Addendum
<Presidential Decree No. 20248, Sep. 6, 2007>
This Decree shall enter into force on the date of its

promulgation.
Addenda

promulgation. <Proviso Omitted>


“Ministry of Education and Human Resources Development,
Ministry of Government Administration and Home Affairs,
Ministry of Science and Technology, Ministry of Culture and
Tourism, Ministry of Agriculture and Forestry, Ministry of
Information and Communication, Ministry of Health and Welfare,
Ministry of Construction and Transportation, Ministry of Maritime
Affairs and Fisheries and Ministry of Planning and Budget.” in
Article 4 shall be changed to "Ministry of Strategy and Finance,
Ministry of Education and Science Technology, Ministry of Public
Administration and Security, Ministry of Culture, Sports and
Tourism, Ministry for Food, Agriculture, Forestry and Fisheries,
Ministry of Knowledge and Economy, Ministry for Health Welfare
and Family Affairs, and Ministry of Land Transport and Maritime
Affairs”.
“Office for Government Policy Coordination ” in Article 6
(3) shall be changed to “Prime Minister's Office”.
Addenda
<Presidential Decree No. 21928, Dec. 30, 2009; Revision of the
Framework Act on Employment Policy>

This Decree shall enter into force on January 1, 2010.
Article 2 Omitted.
“Article 33 of the Framework Act on Employment Policy” in
Article 31 (5) shall be changed to “Article 18 of the Framework
Act on Employment Policy”.
Article 4 Omitted.
▮▮ 55
1. EMPLOYMENT LAWS
Addenda
<Presidential Decree No. 22003, Jan. 27, 2010>

This Decree shall enter into force on February 1, 2010.
“The provision of Article 12 (1) of the Act on the Freedom
of Newspapers, etc., and Guarantee of Their Freedom” in
subparagraph 2 of Article 8 shall be changed to “Article 9 (1)
of the Act on the Promotion of Newspapers, etc.”.
Article 5 Omitted.
Addenda

<Proviso Omitted>
Workers' Employment, etc., shall be revised as follows:
“Ministry of Health, Welfare and Family Affairs” in Article
4 shall be changed to “Ministry of Health and Welfare”.
Addenda
<Presidential Decree No. 22114, Apr. 7, 2010>

This Decree shall enter into force on April 10, 2010.
Article 2 (Applicability concerning Report by Korean Language
Proficiency Test Administration Agency)

The amended provision of Article 13 (5) shall apply to

reports made after the year 2011.
Article 3 (Applicability concerning Restrictions on Employment of
Foreign Workers)
(1) The amended provision of subparagraph 1 of Article 25
shall apply to foreign workers who start to work after this
Decree enters into force.
(2) The amended provision of subparagraph 3 of Article 25
shall apply to foreign workers who enter into a labor contract
after this Decree enters into force.
Addenda
<Presidential Decree No. 22269, Jul. 12, 2010>

promulgation. <Proviso omitted>
“Vice Minister of Labor” in parts other than each subparagraph
of Article 7 (3) shall be changed to ”Vice Minister of Employment
and Labor“.
“Minister of Labor” in parts other than each subparagraph
of Article 9, subparagraph 6 of Article 9, parts other than each
subparagraph of Article 12 (1), Article 12 (1) 5, Article 12 (2),
parts other than each subparagraph of Article 13 (1), Article 13
(1) 4, parts other than each subparagraph of Article 13 (2),
(5) 4, Article 13-2 (2), parts other than each subparagraph of
Article 13-2 (3), Article 13-2 (3) 2, the former and latter parts of
subparagraph 2 of Article 18, Article 21 (2) 1, Article 22 (3),
Article 23 (2) and (3), parts other than each subparagraph of
Article 24, Article 27 (2) 1, Article 28 (2) 1, Article 29 (2) 2,
Article 29 (3), the former part of Article 29 (4), Article 29 (5),
parts other than each subparagraph of Article 31 (1), parts other
than each subparagraph of Article 31 (2), parts other than each
subparagraph of Article 31 (3), Article 31 (4) and Article 32 (2)
shall be changed to "Minister of Employment and Labor".
▮▮ 57
1. EMPLOYMENT LAWS
"Ministry of Labor" in Article 13-2 (2) shall be changed to

"Ministry of Employment and Labor".
"Ordinance of the Ministry of Labor" in subparagraph 2 of
Article 13-4, Article 14 (4) and Article 20-2 (1) and (2) shall be
changed to "Ordinance of the Ministry of Employment and
Labor".
"Local labor offices" in parts other than each subparagraph
of Article 31 (1) shall be changed to "local employment and
labor offices".
Addenda
<Presidential Decree No. 22564, Dec. 29, 2010>

<Proviso omitted>
“Infectious disease under Article 2 (1) 1 through 4 of the
Infectious Disease Prevention Act" in Article 23 (1) 4 shall be
changed to "communicable disease under subparagraphs 2 through
5 of Article 2 of the Communicable Disease Prevention and
Control Act".
Article 8 Omitted.
Addenda

This Decree shall enter into force on August 1, 2011.
Article 2 (Applicability concerning Taking Out of Departure Guarantee

Insurance, etc.)

The amended provisions of Article 21 (1) 1 shall apply to

cases where the effective date of a labor contract under Article
21 (2) arrives after this Decree enters into force.
Article 3 (Transitional Measures concerning Taking Out of Departure

Guarantee Insurance, etc.)
Employers of businesses or workplaces that become subject
to the Employee Retirement Benefit Security Act pursuant to
Article 2 of the Addenda of the Enforcement Decree of the
Employee Retirement Benefit Security Act as amended by
Presidential Decree no. 22409 may take out departure guarantee
insurance, etc., to cover foreign workers employed at the time
of the enforcement of this Decree and having the effective dates
of their labor contracts under Article 21 (2) before this Decree
enters into force.
Article 4 (Transitional Measures concerning Criteria for Imposition

of Fines for Negligence)
(1) The application of the criteria for the imposition of fines
for negligence to any offense committed before this Decree
enters into force shall be governed by the previous provisions
notwithstanding the amended provisions of the attached Table.
(2) The imposition of fines for negligence for any offense
committed before this Decree enters into force shall not be
included in calculating the number of offenses under the amended
provisions of the attached Table.
Addenda
<Presidential Decree No. 23488, Jan. 6, 2012; Revision of the Enforcement
Decree of the Act on the Submission and Management of Taxation Data
to Provide a Basis for the Management of Sensitive Information and
Unique Identifying Information>

promulgation. <proviso omitted>
Article 2 Omitted.
Addenda
<Presidential Decree No. 23785, May. 14, 2012>
▮▮ 59
1. EMPLOYMENT LAWS

Article 2 (Transitional Measures)
Change of business or workplace that takes place before the
enforcement of this decree shall follow the previous provisions
despite the amendment of Article 30 (2).
Addenda
Article 1 (Enforcement Date) This Decree shall enter into force on

the date of its promulgation.
Article 2 Omitted.
Workers' Employment, etc., shall be amended as follows:
“the Ministry of Public Administration and Security, the
Ministry of Culture, Sports and Tourism, the Ministry of Food,
Agriculture, Forestry and Fisheries, the Ministry for Health and
Welfare, and the Ministry of Land Transport and Maritime
Affairs" in Article 4 shall be changed to "the Ministry of
Security and Public Administration, the Ministry of Culture,
Sports and Tourism, the Ministry of Food, Agriculture, Forestry,
and Livestock, the Ministry for Health and Welfare, Ministry of
Land and Transport, and the Ministry of Maritime Affairs and
Fisheries".
"The Prime Minister's Office", "the Minister of the Prime
Minister's Office" in Article 6 (3) shall be changed to "the Office
for Government Policy Coordination" and "the Chief of the
Office for Government Policy Coordination" respectively.
Addenda

Article 2 (Transitional Measures concerning Requirements to Take

Out Departure Guarantee Insurance, etc.)

(1) The requirements for departure guarantee insurance, etc.,
taken out before this Decree enters into force shall be governed by
the previous provisions notwithstanding the amended provisions
of Article 21 (2) 2.
(2) The amended provisions of Article 21 (2) 3 shall apply
even to departure guarantee insurance, etc., taken out before
this Decree enters into force.
Article 3 (Transitional Measures concerning Events to Be Reported

for Management of Employment of Foreign Managers)
Where any event prescribed in the previous provisions of
Article 23 (1) 4, 6 and 7 occurs before this Decree enters into
force, reporting under Article 17 (1) of the Act shall be governed
by the previous provisions notwithstanding the amended provisions
of Article 23 (1) 4, 6 and 7.
▮▮ 61
1. EMPLOYMENT LAWS
[Table]<Amended on Jul. 5, 2011>
Criteria for Imposition of Fines for Negligence

(relating to Article 32)
1. General criteria
A. The criteria for the imposition of fines for negligence according
to the number of offenses shall apply to cases where a fine
for negligence has been imposed for the same offense in the
past two years. In such cases, the number of offenses shall be
calculated based on the date on which a fine for negligence is
imposed for the relevant offense and the date on which the
same offense is found again.
B. The Minister of Employment and Labor may, if an offender
falls under any of the following conditions, shall reduce the
amount of fine for negligence under subparagraph 2 by up to
half thereof: Provided that this shall not apply to offenders
who delay payment of a fine for negligence under this Act.
1) Where the offender falls under any subparagraph of Article
2-2 (1) of the Enforcement Decree of the Act on the Regulation
of Violations of Public Order;
2) Where the offender has a reason, such as suffering a considerable
loss to property due to a natural disaster, fire, etc., or facing
a serious crisis due to worsening business conditions;
3) Where the offense is deemed to have been caused by a mistake,
such as minor carelessness or error;
4) Where the offender has redressed or resolved the consequences
of the offense;
5) Other cases where it is deemed necessary to reduce the amount
of fine for negligence in consideration of the degree of the
offense, the motive and consequences of the offense, etc.
2. Specific criteria
Amount of Fine for Negligence

(10,000 Won)
Offense Provision 3rd and
1st offense 2nd offense subsequent
offense
A. Where an employer fails
to use the standard labor
contract form in violation Article 32
of Article 9 (1) of the Act (1) 1 of the 60 120 240
when entering into a labor Act
contract

B. Where an employer fails

to let a foreign worker Article 32
receive employment (1) 2 of the 60 120 240
training in violation of Act
Article 11 (2) of the Act
C. Where an employer
employs a foreign worker
issued with a visa under
Article 12 (1) of the Act,
Article 32
without obtaining
(1) 3 of the 100 200 400
confirmation on
Act
exceptionally permissible
employment pursuant to
paragraph (3) of the same
Article
D. Where an employer fails
to hire a foreign worker
from among those
registered in the roaster
of foreign job seekers or
fails to make a report or Article 32
makes a false report to (1) 4 of the 60 120 240
the head of an Act
employment security
office after a foreign
worker starts to work, in
violation of Article 12 (4)
of the Act
E. Where an employer delays
payment of monthly
insurance premiums or
trust installments into Article 32
departure guarantee (1) 5 of the 80 160 320
insurance, etc., three times Act
or more, in violation of
the latter part of Article
13 (1) of the Act
F. Where a foreign worker
Article 32
fails to take out insurance
(1) 6 of the 80 160 320
or trust in violation of
Act
G. Where an employer fails
to make a report or Article 32
makes a false report in (1) 7 of the 60 120 240
violation of Article 17 (1) Act
of the Act
▮▮ 63
1. EMPLOYMENT LAWS
H. Where an employer
restricted from employing
any foreign worker under Article 32
Article 20 (1) of the Act (1) 8 of the 100 200 400
employs a foreign worker Act
issued with a visa under
I. Where an employer, a
foreign worker or a
foreign workers-related
Article 32
organization fails to make
(1) 9 of the 60 120 240
a report or makes a false
Act
report in defiance of an
order under Article 26 (1)
of the Act
J. Where an employer, a
foreign worker or a
Article 32
organization fails to submit
(1) 9 of the 60 120 240
related documents or
Act
submits false documents in
defiance of an order under
K. Where an employer, a
foreign worker or a
Article 32
organization refuses,
(1) 9 of the 100 200 400
obstructs or evades an
Act
inquiry, investigation or
inspection under Article 26
(1) of the Act
L. Where money and
valuables other than fees
Article 32
and necessary expenses
(1) 10 of 100 200 400
under Article 27 (1), (2)
the Act
or (3) of the Act are
received

EMPLOYMENT INSURANCE ACT

Act No. 4644, Dec. 27, 1993

Act No. 5226, Dec. 30, 1996
Act No. 5399, Aug. 28, 1997
Act No. 5514, Feb. 20, 1998
Act No. 5566, Sep. 17, 1998
Act No. 6099, Dec. 31, 1999
Act No. 6124, Jan. 12, 2000
Act No. 6509, Aug. 14, 2001
Act No. 6850, Dec. 30, 2002
Act No. 7048, Dec. 31, 2003
Act No. 7565, May 31, 2005
Act No. 7705, Dec. 7, 2005
Act No. 8050, Oct. 4, 2006
Act No. 8118, Dec. 28, 2006
Act No. 8135, Dec. 30, 2006
Wholly amended by Act No. 8429, May 11, 2007
Act No. 8781, Dec. 21, 2007
Act No. 8959, Mar. 21, 2008
Act No. 9315, Dec. 31, 2008
Act No. 9792, Oct. 9, 2009
Act No. 9990, Jan. 27, 2010
Act No. 9999, Feb. . 4, 2010
Act No. 10337, May 31, 2010
Act No. 10338, May 31, 2010
Act No. 10339, Jun. 4, 2010
Act No. 10719, May. 24, 2011
Act No. 10789, Jun. 7, 2011
Act No. 10895, Jul. 21, 2011
Act No. 11274, Feb. 1, 2012
Act No. 11530, Dec. 11, 2012
Act No. 11628, Jan. 23, 2013
Act No. 11662, Mar. 22, 2013
Act No. 11864, Jun. 4, 2013
Act No. 12323, Jan. 21, 2014
CHAPTER I
General Provisions
Article 1 (Purpose)
The purpose of this Act is, through the enforcement of
employment insurance, to seek to prevent unemployment, promote
employment and develop and improve the vocational skills of
workers, to strengthen the nation󰡑s vocational guidance and
▮▮ 65
1. EMPLOYMENT LAWS
job placement capacity and to stabilize the livelihood of workers

and promote their job-seeking activities by granting necessary
benefits when they are out of work, thereby contributing to the
economic and social development of the nation.
Article 2 (Definition)
The definitions of the terms used in this Act are as follows:
<Amended by Act No. 9315, Dec. 31, 2008, Act No. 9990, Jan. 27,
2010, Act No. 10339, Jun. 4, 2010 and Act No. 10895, Jul. 21, 2011>
1. The term “insured person” refers to a person who falls
under any of the following items:
A. A worker who is insured or deemed to be insured under
Articles 5 (1) and (2), 6 (1), and 8 (1) and (2) of the
Act on the Collection, etc. of Premiums for Employment
Insurance and Industrial Accident Compensation Insurance
(hereinafter referred to as “the Insurance Premium
Collection Act”); and
B. A self-employed person (hereinafter referred to as
“self-employed insured persons") who is insured or
deemed to be insured under employment insurance
under Article 49-2 (1) and (2) of the Insurance Premium
Collection Act.
2. The term “separation” means the termination of the
employment relationship between the insured person and
the employer;
3. The term “unemployment” means the situation in which
a person remains unemployed in spite of the fact that
he/she has the will and ability to work;
4. The term “recognition of unemployment” means that the
head of an Employment Security Office recognizes that an
eligible recipient prescribed in Article 43 is actively
engaging in finding jobs during unemployment;
5. The term “remuneration” means an amount of money
obtained by subtracting the money and valuables prescribed
by the Presidential Decree from the earned income under
Article 20 of the Income Tax Act; Provided that money
and valuables determined and announced by the Minister
of Employment and Labor, from among those paid by a
person other than the employer during a leave of absence
or any other situation similar thereto shall be deemed
remuneration; and
6. The term “daily worker” refers to a person who is employed
for less than one month.

Article 3 (Management of Insurance)

The Minister of Employment and Labor shall take charge of
managing employment insurance (hereinafter referred to as
“insurance”). <Amended by Act No. 10339, Jun. 4, 2010>
Article 4 (Employment Insurance Programs)
(1) In order to achieve the purpose of Article 1, employment
insurance programs (hereinafter referred to as “insurance programs”)
shall be conducted in the areas of employment security and
vocational skills development projects, unemployment benefits,
child-care leave benefits, maternity leave benefits, etc. <Amended
by Act No. 11274, Feb. 1, 2012>
(2) The insurance year for employment insurance programs
shall be the same as the fiscal year of the Government.
Article 5 (Assistance from State Treasury)
(1) The State may bear a part of the expenses required
annually for insurance programs through its general account.
(2) The State may bear the expenses required for the
management and operation of insurance programs within the
limits of its annual budget.
Article 6 (Premiums)
(1) Premiums and other charges to be collected to cover the
expenses required for insurance programs under this Act shall
be subject to the conditions prescribed by the Insurance Premium
Collection Act.
(2) Premiums for employment security and vocational skills
development projects and premiums for unemployment benefits
collected under Article 13 (1) 1 of the Insurance Premium
Collection Act shall be used to cover the expenses required for the
respective programs: Provided that premiums for unemployment
benefits may be appropriated for child-care leave benefits,
maternity leave benefits, etc. <Amended by Act No. 11274, Feb. 1, 2012>
(3) Notwithstanding paragraph (2), premiums for employment
security and vocational skills development projects and premiums
for unemployment benefits collected from self-employed insured
persons pursuant to Article 49-2 of the Insurance Premium
Collection Act shall be used to cover the expenses required for
the respective programs for self-employed insured persons.
<Newly Inserted by Act No. 10895, Jul. 21, 2011>
Article 7 (Employment Insurance Committee)
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1. EMPLOYMENT LAWS
(1) The Employment Insurance Committee (hereinafter referred

to as “Committee”) shall be set up in the Ministry of Employment
and Labor in order to deliberate on major matters (limited to
matters concerning insurance) concerning the enforcement of this
Act and the Insurance Premium Collection Act. <Amended by
Act No. 10339, Jun. 4, 2010>
(2) The Committee shall deliberate on the following matters:
1. Matters concerning the insurance system and the improvement
of insurance programs;
2. Matters concerning the determination of insurance premiums
under the Insurance Premium Collection Act;
3. Matters concerning the assessment of insurance programs
under Article 11-2;
4. Matters concerning the establishment of the fund management
plan and the results of fund management under Article
81; and
5. Other matters relating to the insurance system and insurance
programs, which the chairperson deems necessary to be
deliberated on by the Committee
(3) The Committee shall be composed of less than 20
members including a chairperson.
(4) The Committee shall be chaired by the Vice Minister of
Employment and Labor and consist of an equal number of
members appointed or commissioned by the Minister of
Employment and Labor from among people described in each
of the following subparagraphs: <Amended by Act No. 10339, Jun. 4,
2010>
1. Those representing workers;
2. Those representing employers;
3. Those representing the public interests; and
4. Those representing the government
(5) The Committee may have an expert committee in order to
examine and coordinate in advance the matters to be deliberated
on.
(6) The composition and operation of the Committee and
the expert committee and other necessary matters shall be
prescribed by the Presidential Decree.
<This Article Wholly Amended by Act No. 9315, Dec. 31, 2008>
Article 8 (Scope of Application)
This Act shall apply to all businesses or workplaces (hereinafter
referred to as “businesses”) employing workers: Provided that it
shall not apply to the businesses prescribed by the Presidential

Decree in consideration of size, industrial characteristics, etc.

Article 9 (Establishment and Termination of Insurance Relationships)
The establishment and termination of insurance relationships
under this Act shall be subject to the conditions prescribed by
the Insurance Premium Collection Act.
Article 10 (Exclusion from Application)
This Act shall not apply to a person who falls under any of
the following subparagraphs: Provided that this shall not apply
to employment security and vocational skills development projects
for workers or self-employed people described in subparagraph
1: <Amended by Act No. 8959, Mar. 21, 2008; Act No. 11530, Dec.
11, 2012 and Act No. 11864, Jun. 4, 2014>
1. A person employed or self-employed after the age of 65;
2. A person whose contractual working hours are less than
the number of hours prescribed by the Presidential Decree;
3. A public official under the State Public Officials Act and
the Local Public Officials Act: Provided that public officials
in special services and fixed-term public officials under
Article 26-5 of the State Public Officials Act and Article
25-5 of the Local Public Officials Act may sign up for
employment insurance (limited to CHAPTER Ⅳ) out of
their own free will as prescribed by the Presidential Decree;
4. A person subject to the Private School Teachers Pension
Act; and
5. Any other person prescribed by the Presidential Decree.
<Title of This Article Amended by Act No. 11864, Jun. 4, 2014>
Article 11 (Surveys and Research relating to Insurance)
(1) The Minister of Employment and Labor may conduct
surveys and research in order to study the labor market,
occupations and vocational skills development and support
insurance-related work. <Amended by Act No. 10339, Jun. 4, 2010>
(2) The Minister of Employment and Labor, if it is deemed
necessary, may entrust part of the functions referred to in
paragraph (1) to be carried out by a person prescribed by the
Article 11-2 (Assessment of Insurance Programs)
(1) The Minister of Employment and Labor shall assess
insurance programs regularly and systematically. <Amended by
Act No. 10339, Jun. 4, 2010>
(2) The Minister of Employment and Labor may refer the
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1. EMPLOYMENT LAWS
assessment under paragraph (1) to an organization prescribed

by the Presidential Decree in order to secure the expertise of
the assessment under paragraph (1). <Amended by Act No. 10339,
Jun. 4, 2010>
(3) The Minister of Employment and Labor shall adjust
insurance programs and establish the fund management plan
under Article 81 in a way to reflect the results of the assessment
under paragraphs (1) and (2). <Amended by Act No. 10339, Jun. 4,
2010>
<This Article Newly Inserted by Act No. 9315, Dec. 31, 2008>
Article 12 (International Exchange and Cooperation)
The Minister of Employment and Labor may carry out
exchange and cooperation programs with international organizations
and governments or agencies of other countries with regard to
insurance programs. <Amended by Act No. 10339, Jun. 4, 2010>
CHAPTER Ⅱ
Management of Insured Persons
Article 13 (Date of Aquisition of Insured Status)

(1) An insured person shall acquire insured status on the
date he/she is employed by a business subject to this Act:
Provided that in the following cases, he/she shall be regarded
as acquiring insured status on the pertinent date:
1. The date this Act begins to apply where the worker
excluded from application under Article 10 becomes
subject to this Act; and
2. The date of establishment of the insurance relationship
where the worker was employed before the establishment
of the insurance relationship pursuant to Article 7 of the
Insurance Premium Collection Act.
(2) Notwithstanding paragraph (1), a self-employed insured
person shall acquire insured status on the date of the establishment
of the insurance relationship pursuant to Article 49-2 (1) of the
Insurance Premium Collection Act and subparagraph 3 of
Article 7 of the same Act which shall apply mutatis mutandis
under Article 49-2 (12) of the same Act. <Newly Inserted by Act
No. 10895, Jul. 21, 2011>

Article 14 (Date of Loss of Insured Status)

(1) An insured person shall lose insured status on any of
the following dates:
1. Where he/she is categorized as a worker excluded from
application under Article 10, the date he/she is categorized
as such;
2. Where the insurance relationship is terminated pursuant
to Article 10 of the Insurance Premium Collection Act,
the date of the termination of the insurance relationship;
3. Where he/she has left his/her job, the day after the
leaving date; and
4. Where he/she dies, the day after the death.
person shall lose his/her insured status on the date of the
termination of the insurance relationship pursuant to Article 49-2
(10) of the Insurance Premium Collection Act and subparagraphs
1 through 3 of Article 10 of the same Act which shall apply
mutatis mutandis under Article 49-2 (12) of the same Act.
Article 15 (Report, etc. on Insured Status)
(1) Employers shall report to the Minister of Employment
and Labor about their workers’ acquisition, loss, etc. of insured
status as prescribed by the Presidential Decree. <Amended by Act
No. 10339, Jun. 4, 2010>
(2) If an original contractor has become an employer under
Article 9 of the Insurance Premium Collection Act, in regards to
workers engaged in the business other than those employed by
the original contractor, any subcontractor listed in the following
subparagraphs hiring such workers shall report as prescribed in
paragraph (1). In such cases, the original contractor shall submit
materials on the subcontractor to the Minister of Employment
and Labor as prescribed by Ordinance of the Ministry of
Employment and Labor: <Amended by Act No. 9999, Feb. 4, 2010
and Act No. 10339, Jun. 4, 2010 and Act No. 10719, May 24, 2011>
1. A constructor under subparagraph 7 of Article 2 of the
Framework Act on the Construction Industry;
2. A housing builder under Article 9 of the Housing Act;
3. A constructor under subparagraph 3 of Article 2 of the
Electricity Construction Business Act;
4. An information and communication construction business
operator under subparagraph 4 of Article 2 of the Information
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1. EMPLOYMENT LAWS
and Communications Work Business Act;

5. A fire-fighting system constructor under Article 2 (1) 2 of
the Fire-fighting System Installation Business Act; and
6. A business person engaged in repairing cultural properties
under Article 14 of the Act on the Repair, etc., of
Cultural Properties.
(3) If an employer fails to report matters concerning insured
status under paragraph (1), the worker concerned may report
these matters as prescribed by the Presidential Decree.
(4) The Minister of Employment and Labor shall inform
related persons, such as the insured person, original contractor,
etc., of matters concerning the acquisition, loss, etc., of insured
status, reported pursuant to paragraphs (1) through (3), as
prescribed by Ordinance of the Ministry of Employment and
Labor. <Amended by Act No. 10339, Jun. 4, 2010>
(5) The employer, original contractor or subcontractor under
paragraph (1) or (2) may make the report prescribed in the
same paragraph using electronic means prescribed by Ordinance
of the Ministry of Employment and Labor. <Amended by Act No.
10339, Jun. 4, 2010>
(6) The Minister of Employment and Labor may provide
support, including necessary equipment, etc., to the employer,
original contractor or subcontractor who intends to make a report
using electronic means pursuant to paragraph (5), as prescribed
by Ordinance of the Ministry of Employment and Labor.
person may not report the acquisition and loss of his/her
insured status. <Newly Inserted by Act No. 10895, Jul. 21, 2011>
Article 16 (Confirmation of Separation)
(1) When reporting his/her worker’s loss of insured status
pursuant to Article 15 (1), an employer shall, if the loss of
insured status is due to separation, prepare and submit documents
(hereinafter referred to as “confirmation documents on separation”)
proving such specific matters as the unit period of insurance,
reasons for separation and wages (referring to wages under the
Labor Standards Act; hereinafter the same shall apply), retirement
pay, etc., paid before separation to the Minister of Employment
and Labor: Provided that this shall not apply to those (excluding
daily workers) who have lost their insured status but do not
want to apply for the recognition of their eligibility for benefits
pursuant to Article 43 (1). <Amended by Act No. 9990, Jan. 27,

2010 and Act No. 10339, Jun. 4, 2010>

(2) A person who has lost his/her insured status due to
separation may request his/her employer to issue the confirmation
documents on separation to apply for the recognition of his/her
eligibility for unemployment benefits. In such cases, the employer
receiving the request shall issue the confirmation documents on
separation.
Article 17 (Confirmation of Insured Status)
(1) A person who is or was insured may at any time
request the Minister of Employment and Labor to confirm the
acquisition or loss of his/her insured status. <Amended by Act
No. 10339, Jun. 4, 2010>
(2) The Minister of Employment and Labor shall accept the
request made pursuant to paragraph (1) or confirm, by virtue of
his/her authority, the acquisition or loss of insured status.
(3) The Minister of Employment and Labor shall inform the
insured person, the employer, etc., of the results confirmed
under paragraph (2), as prescribed by the Presidential Decree.
Article 18 (Restriction on Dual Acquisition of Insured Status)
If a worker is employed simultaneously by two or more
businesses with which the insurance relationship has been
established, he/she shall acquire insured status as a worker of
one of the businesses, as prescribed by the Ordinance of the
Jun. 4, 2010>
CHAPTER Ⅲ
Employment Security and Vocational Skills
Development Projects
Article 19 (Implementation of Employment Security and Vocational

Skills Development Projects)
(1) The Minister of Employment and Labor shall implement
employment security and vocational skills development projects
to prevent the unemployment of those who are or were insured,
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1. EMPLOYMENT LAWS
and other persons willing to be employed (hereinafter referred

to as “insured persons, etc.”), promote their employment, expand
their employment opportunities, provide opportunities and support
for them to develop and improve vocational skills, provide
other supports for employment security and to help employers
to secure workforce. <Amended by Act No. 10339, Jun. 4, 2010>
(2) When implementing employment security and vocational
skills development projects pursuant to paragraph (1), the Minister
of Employment and Labor shall give priority to enterprises which
meet the criteria set forth by the Presidential Decree, such as
the number of workers, measures taken for employment security
and vocational skills development and outcomes thereof.
Article 20 (Support for Employment Creation)

The Minister of Employment and Labor may provide
necessary support to employers who have expanded employment
opportunities by improving employment environments, changing
work arrangements, etc., as prescribed by the Presidential
Decree. <Amended by Act No. 10339, Jun. 4, 2010>
Article 21 (Support for Employment Adjustment)
(1) If an employer who finds it inevitable to adjust
employment due to business downsizing, closure or conversion
following economic fluctuations or changes in industrial structure
undertakes a temporary shutdown or layoff, vocational skills
development training necessary for job transfers or workforce
reassignment or takes other measures to ensure workers' employment
security, the Minister of Employment and Labor may provide
necessary support to the employer, as prescribed by the
Presidential Decree. In such cases, if the wages of workers fall
below the level prescribed by the Presidential Decree as a result
of employment security measures, such as a temporary shutdown
or layoff, the Minister of Employment and Labor may provide
necessary support to those workers as prescribed by the
Presidential Decree. <Amended by Act No. 10339, Jun. 4, 2010 and
Act No. 11628, Jan. 23, 2013>
necessary support to employers who take measures for the
employment security of workers whose employment is insecure,
such as by employing workers separated from jobs due to
employment adjustment under paragraph (1), etc., as prescribed
by the Presidential Decree. <Amended by Act No. 10339, Jun. 4, 2010>

(3) The Minister of Employment and Labor may, in providing

the support referred to in paragraph (1), give priority to
employers or workers in industries or regions prescribed in
Article 32 of the Framework Act on Employment Policy.
<Amended by Act No. 9792, Oct. 9, 2009; Act No. 10339, Jun. 4,
2010; and Act No. 11628, Jan. 23, 2013>
Article 22 (Promotion of Local Employment)
The Minister of Employment and Labor may provide necessary
support to employers who move their businesses to, or begin or
expand businesses in regions where employment opportunities
are obviously insufficient or employment situations are rapidly
deteriorating due to changes in industrial structure, etc., thereby
contributing to the prevention of unemployment and promotion
of reemployment and to employers who take necessary measures
to expand local employment opportunities, as prescribed by the
Article 23 (Employment Promotion for the Aged, etc.)
In order to promote the employment of the aged and others
(hereinafter referred to as “the aged, etc.”) who have special
difficulties in finding employment under the normal conditions
of the labor market, the Minister of Employment and Labor
may, as prescribed by the Presidential Decree, provide necessary
support to employers who newly employ the aged, etc., or take
measures necessary for their employment security or to the
workers subject to the employment security measures taken by
the employers. <Amended by Act No. 10339, Jun. 4, 2010>
Article 24 (Support for Employment Security for Construction Workers,
etc.)
necessary support for an employer who carries out projects
described in the following subparagraphs for construction workers,
etc., in an unstable employment situation, as prescribed by the
Presidential Decree: <Amended by Act No. 10339, Jun. 4, 2010>
1. Projects to improve employment situations;
2. Employment security projects such as those to provide
opportunities for continued employment, etc.; and
3. Other employment security projects prescribed by the
(2) The Minister of Employment and Labor may also provide
support to an employers' association in connection with the projects
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1. EMPLOYMENT LAWS
listed in any of the subparagraphs of paragraph (1), in cases

where it is difficult for an employer alone to carry out
employment security projects and prescribed by the Presidential
Article 25 (Employment Security and Employment Promotion)
(1) The Minister of Employment and Labor may directly
carry out projects described in the following subparagraphs or
provide support or loans for necessary expenses to a person
who carries out such projects for the employment security and
employment promotion of insured persons, etc.: <Amended by Act
No. 10339, Jun. 4, 2010>
1. Support projects to improve employment, such as employment
management diagnosis, etc.;
2. Support projects to promote business start-up by insured
persons, etc. ;
3. Other projects for the employment security and employment
promotion of insured persons, etc., which are prescribed
(2) Necessary matters concerning the implementation of
projects and the provision of support and loans to cover expenses
under paragraph (1) shall be prescribed by the Presidential
Decree.
Article 26 (Support for Employment Promotion Facilities)
The Minister of Employment and Labor may, as prescribed
by the Presidential Decree, provide necessary support to those
who establish and operate counseling facilities, child care centers
and other employment promotion facilities prescribed by the
Presidential Decree to assist in employment security and employment
promotion for insured persons, etc., and the securing of a
workforce by employers. <Amended by Act No. 10339, Jun. 4,
2010 and Act No. 10789, Jun. 7, 2011>
Article 26-2 (Restrictions on Support)
When the Minister of Employment and Labor provides
support under Articles 20 through 26, in the cases prescribed by
the Presidential Decree, such as where an employer receives
subsidies or grants, etc., under other Acts and subordinate
statutes, he/she may subtract the relevant amount from the
support to be provided. <This Article Newly Inserted by Act No.
10895, Jul. 21, 2011>

Article 27 (Support for Vocational Skills Development Training

Provided by Employers)
The Minister of Employment and Labor may provide
support for the expenses of vocational training to an employer
who carries out the vocational skills development training
prescribed by the Presidential Decree to develop and improve
the vocational skills of insured persons, etc., as prescribed by
the Presidential Decree. <Amended by Act No. 10339, Jun. 4, 2010>
Article 28 (Standards, etc. for Support for Expenses)
If the Minister of Employment and Labor provides support
for expenses to an employer pursuant to Article 27, the amount
of such support shall be the one obtained by multiplying the
amount of insurance premiums for employment security and
vocational skills development projects out of the employment
insurance premiums of the year concerned under Article 16-3 of
the Insurance Premium Collection Act or the estimated employment
insurance premiums of the year concerned under Article 17 of
the same Act by the ratio prescribed by the Presidential Decree,
and the limit thereto shall be prescribed by the Presidential
Decree. <Amended by Act No. 9990, Jan. 27, 2010 and Act No.
10339, Jun. 4, 2010>
Article 29 (Support for Vocational Skills Development for Insured
Persons, etc.)
(1) If insured persons, etc., receive vocational skills development
training or make other efforts to develop or improve their
vocational skills, the Minister of Employment and Labor may
support the necessary expenses, as prescribed by the Presidential
necessary, may conduct vocational skills development training to
promote the employment of insured persons, etc., as prescribed by
(3) If a low-income insured person, etc., prescribed by the
Presidential Decree receives vocational skills development training,
the Minister of Employment and Labor may make loans for
his/her living costs, as prescribed by the Presidential Decree.
<Newly Inserted by Act No. 9315, Dec. 31, 2008 and Amended by
Act No. 10339, Jun. 4, 2010>
Article 30 (Support, etc., for Vocational Skills Development Training
Facilities)
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1. EMPLOYMENT LAWS
If it is deemed necessary for the development and improvement

of the vocational skills of insured persons, etc., the Minister of
Employment and Labor may, as prescribed by the Presidential
Decree, loan the expenses necessary to install vocational skills
development training facilities and to purchase the equipment
thereof, and provide support for the expenses necessary to
install other vocational skills development training facilities
determined by the Minister of Employment and Labor and to
purchase and operate the equipment thereof. <Amended by Act
No. 10339, Jun. 4, 2010>
Article 31 (Promotion of Vocational Skills Development)
(1) The Minister of Employment and Labor may carry out
activities described in the following subparagraphs to develop
or improve the vocational skills of insured persons, etc., or may
provide support for necessary expenses to a person who carry
out the activities: <Amended by Act No. 10338, May 31, 2010 and
Act No. 10339, Jun. 4, 2010>
1. Activities of providing technical assistance and making
evaluations relating to vocational skills development projects;
2. Activities of administering qualification tests and encouraging
technical skills under the Act on the Encouragement of
Technical Skills; and
3. Other activities prescribed by the Presidential Decree.
(2) The Minister of Employment and Labor may, if it is
deemed necessary for the development or improvement of vocational
skills or smooth labor supply and demand, entrust others to
provide vocational skills development training in the occupations
determined by the Minister of Employment and Labor, as
10339, Jun. 4, 2010>
Article 32 (Support for Vocational Skills Development of Construction
Workers, etc.)
support for necessary expenses to an employer who implement
projects prescribed by the Presidential Decree to develop or improve
the vocational skills of workers in unstable employment situations
such as construction workers, etc. <Amended by Act No. 10339,
Jun. 4, 2010>
support to an employers' association in connection with the
projects mentioned in paragraph (1) in cases where it is difficult

for an employer alone to carry out the vocational skills

development projects and where this is in accordance with the
Article 33 (Provision of Employment Information, Establishment of
Foundation for Employment Support, etc.)
(1) The Minister of Employment and Labor may carry out
activities for employers and insured persons, etc., such as
providing employment information on job offers, job seekers,
training, etc., offering vocational guidance including vocational
and training counseling, etc., providing job placement services,
building the foundation for employment security and vocational
skills development and assigning professional manpower needed
for this, etc., as prescribed by the Presidential Decree.
deemed necessary, get the private job counselor prescribed in
Article 4-4 of the Employment Security Act to perform part of
the services under paragraph (1). <Amended by Act No. 10339,
Jun. 4, 2010>
Article 34 (Support for Local Governments, etc.)
If a local government or a not-for-profit cooperation or
organization prescribed by the Presidential Decree carries out
projects for the employment security, employment promotion
and vocational skills development of insured persons, etc., in its
region, the Minister of Employment and Labor may provide
necessary support, as prescribed by the Presidential Decree.
Article 35 (Restriction, etc., on Support due to Fraudulent Acts)
(1) If a person has received or intends to receive support
for employment security and vocational skills development
projects under this Chapter in a false or other fraudulent manners,
the Minister of Employment and Labor may restrict the support
or order a return of the support received in a false or other
fraudulent manners, as prescribed by the Presidential Decree.
<Amended by Act No. 9315, Dec. 31, 2008 and Act No. 10339, Jun.
4, 2010>
(2) In the case of ordering a return pursuant to paragraph
(1), the Minister of Employment and Labor may, in addition to
what has already been provided, collect an amount up to five
times the amount received in a false or other fraudulent manners,
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1. EMPLOYMENT LAWS
in accordance with the standards prescribed in the Ordinance of

the Ministry of Employment and Labor. <Amended by Act No.
9315, Dec. 31, 2008 and Act No. 10339, Jun. 4, 2010>
(3) Notwithstanding paragraphs (1) and (2), the provisions of
Article 55 (1) and (2) and Article 56 (1) through (3) of the
Workers Vocational Skills Development Act shall apply mutatis
mutandis to restrictions on, the return and additional collection
of, support for a person who has received or intends to receive,
such support for vocational skills development projects in a
false or other fraudulent manners. <Newly Inserted by Act No.
9315, Dec. 31, 2008 and amended by Act No. 10337, May 31, 2010>
(4) The Minister of Employment and Labor may not provide
support for employment security and vocational skills development
projects under this Chapter to those who have failed to pay
insurance premiums, as prescribed by the Ordinance of the
Ministry of Employment and Labor. <Amended by Act No.
10339, Jun. 4, 2010 and Act No. 10895, Jul. 21, 2011>
Article 36 (Performing Duties by Proxy)
The Minister of Employment and Labor may, if it is deemed
necessary, entrust a part of his/her work under Articles 19, 27
through 31 to a person prescribed by the Presidential Decree.
CHAPTER Ⅳ
Unemployment Benefits
SECTION 1
General Provisions
Article 37 (Types of Unemployment Benefits)

(1) Unemployment benefits shall be classified into job-seeking
benefits and employment promotion allowances.
(2) Types of employment promotion allowances shall be as
follows:
1. Early reemployment allowances;
2. Vocational skills development allowances;

3. Wide-area job-seeking allowances; and

4. Moving allowance.
Article 38 (Protection of Right to Receive Benefits)
No right to receive unemployment benefits shall be
transferred, seized or provided as collateral.
Article 38-2 (Exemption of Public Charges)
Money and valuables given as unemployment benefits shall
be exempt from public charges imposed by the State and local
governments (referring to public charges under subparagraph 8
of Article 2 of the Framework Act on National Taxes and
public charges under Article 2 (1) 26 of the Framework Act on
Local Taxes). <Newly Inserted by Act No. 11662, Mar. 22, 2013>
Article 39 Deleted. <Act No. 11864, Jun. 4, 2013>
SECTION 2
Job-seeking Benefits
Article 40 (Eligibility Requirements for Job-Seeking Benefits)

(1) Job-seeking benefits shall be paid if an insured person
who has been separated from his/her job meets all of the
following requirements: Provided that subparagraphs 5 and 6
shall apply only to those who were daily workers at the time
of final separation.
1. The unit period of insurance under Article 41 during the
18-month period (hereinafter referred to as “base period”)
prior to the date of separation shall be not less than 180
days in total ;
2. Despite his/her willingness and ability to work, he/she
shall be out of employment (including cases where he/she
operates business for the purpose of making profits ;
hereinafter the same shall apply in this Chapter) ;
3. The reasons for separation shall not fall within any of the
reasons for restricting eligibility for benefits under Article 58;
4. He/she shall be actively seeking reemployment;
5. The number of working days during the one-month period
prior to the date of applying for recognition of eligibility
for benefits pursuant to Article 43 shall be less than 10
days; and
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6. If the insured person has been separated from his/her job

at another business due to any of the reasons for restricting
eligibility for benefits under Article 58 within the 180-day
unit period of insurance during the base period prior to
the date of final separation, he/she shall have worked as
a daily worker for at least 90 days during the unit period
of insurance.
(2) If an insured person was unable to receive remuneration
for 30 days or more consecutively during the 18-month period
prior to the date of separation due to disease, injury or any
other reasons prescribed by the Presidential Decree, the base
period (If the base period exceeds 3 years, it shall be three
years) shall be a period calculated by adding the number of
days during which remuneration was not received due to the
reasons concerned to the 18 months.<Amended by Act No. 9990,
Jan. 27, 2010>
Article 41 (Unit Period of Insurance)
(1) The unit period of insurance shall be obtained by adding
up the total number of days based on which remuneration is
paid during the insured period.: Provided that the unit period
of insurance for self-employed insured persons shall be the
insured period under the proviso to Article 50 (3) and Article
50 (4). <Amended by Act No. 9990, Jan. 27, 2010 and Act No.
10895, Jul. 21, 2011>
(2) In calculating the unit period of insurance pursuant to
paragraph (1), if job-seeking benefits have ever been received
prior to the date of acquiring insured status, the unit period of
insurance before the date of losing insured status, which is
related to the job-seeking benefits, shall not be included.
<Amended by Act No. 9315, Dec. 31, 2008, Act No. 9990, Jan.
27, 2010 and Act No. 10895, Jul. 21, 2011>
Article 42 (Report of Unemployment)
(1) A person who intends to be paid job-seeking benefits
shall present himself at an Employment Security Office immediately
after separation, and shall report unemployment.
(2) The report of unemployment referred to in paragraph (1)
shall include an application for job and an application for the
recognition of eligibility for benefits referred to in Article 43.
Article 43 (Recognition of Eligibility for Benefits)
(1) A person who intends to receive job-seeking benefits

shall obtain a recognition from the head of an Employment Security

Office that he/she meets eligibility requirements to receive
job-seeking benefits (hereinafter referred to as “eligibility for
benefits”) pursuant to subparagraphs 1 through 3, 5 and 6 of
Article 40 (1).
(2) If the head of an Employment Security Office shall receive
an application for the recognition of eligibility for benefits pursuant
to paragraph (1), he/she shall decide whether or not to recognize
eligibility for benefits and then notify the applicant of the results
of the decision.
(3) If the applicant under paragraph (2) meets all the
requirements described in the following subparagraphs, the
recognition of his/her eligibility for benefits shall be determined
on the basis of business from which the last separation is
made: Provided that if the applicant was a daily worker whose
unit period of insurance is less than one-month, at the time of
the last separation and thus is not eligible for benefits, it shall
be determined on the basis of business from which the last
separation is made as a worker other than a daily worker:
<Amended by Act No. 9315, Dec. 31, 2008>
1. He/she shall be separated from employment as an
insured person before being hired by the business from
which the last separation is made; and
2. He/she shall not have received job-seeking benefits in
relation to a separation prior to the last separation.
(4) If a person (hereinafter referred to as “eligible recipient”)
who obtained the recognition of eligibility for benefits pursuant
to paragraph (2) obtains a new recognition for eligibility for
benefits within the period prescribed in Article 48 and 54 (1),
the job-seeking benefits shall be provided on the basis of the
newly recognized eligibility for benefits.
Article 44 (Recognition of Unemployment)
(1) Job-seeking benefits shall be provided for the days
recognized by the head of an Employment Security Office as
days of unemployment from among the days when an eligible
recipient has been unemployed.
(2) An eligible recipient who wants to obtain the recognition
of unemployment shall present themselves on a date (hereinafter
referred to as “date of recognition of unemployment”) designated
by the head of an Employment Security Office over the course
of an one-to four-week period counted from the date of reporting
unemployment under Article 42 and report the efforts made to
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be reemployed, and the head of the Employment Security Office

shall recognize his/her unemployment every day from the day
after the date of the previous recognition of unemployment
until the date of recognition of unemployment: Provided that
the methods of recognizing unemployment for a person who
falls under any of the following subparagraphs shall be in
accordance with the standards prescribed in the Ordinance of
the Ministry of Employment and Labor: <Amended by Act No.
10339, Jun. 4, 2010>
1. Eligible recipients who are receiving vocational skills
development training, etc.;
2. Eligible recipients for whom causes prescribed by the
Presidential Decree, such as natural disasters or mass
unemployment, have occurred, etc. ; and
3. Other eligible recipients prescribed by the Presidential
Decree.
(3) Notwithstanding paragraph (2), if an eligible recipient
falls under any of the following subparagraphs, he/she may obtain
the recognition of unemployment by submitting a certificate describing
reasons preventing his presence at the Employment Security Office:
1. Where presence at the Employment Security Office was
impossible due to disease or injury and the period is less
than 7 consecutive days;
impossible due to an interview with a job offerer through
placement service by the Employment Security Office;
impossible in order to receive the vocational skills development
training, etc., directed by the head of the Employment
Security Office; and
impossible due to natural disasters or other unavoidable
causes.
(4) The head of an Employment Security Office shall take
necessary measures prescribed by the Presidential Decree, such
as support for setting up plans for reemployment activities, job
placement, etc., to promote the employment of eligible recipients,
when recognizing unemployment pursuant to paragraph (1). In
such cases, the eligible recipients shall follow the measures
taken by the head of the Employment Security Office unless
reasonable causes do exist.
Article 45 (Basic Daily Wages for Benefits)

(1) The amount of daily wages which is the basis for the
calculation of job-seeking benefits (hereinafter referred to as
“basic daily wages”) shall be the average wages calculated
pursuant to Article 2 (1) 6 of the Labor Standards Act on the
date of the last separation relevant to the recognition of
eligibility for benefits referred to in Article 43 (1): Provided that
if the worker acquires insured status twice or more in the three
months prior to the date of the last separation, the basic daily
wages shall be calculated by dividing the total wages paid to
the worker concerned for three months prior to the date of the
last separation(in the case of daily workers, the first three
months of a four-month period prior to the date of the last
separation) by the total number of days in the three months.
(2) If the amount of money calculated pursuant to paragraph
(1) is less than the ordinary wages of the concerned worker
under the Labor Standards Act, the amount of his ordinary
wage shall be the basic daily wage: Provided that this shall not
apply to those who were daily workers in the last workplace at
the time of separation.
(3) If it is difficult to calculate basic daily wages in accordance
with paragraphs (1) and (2), and if premiums have been paid
based on the standard remuneration (hereinafter referred to as
“standard remuneration”) prescribed in Article 3 of the Insurance
Premium Collection Act, the standard remuneration shall become
the basic daily wages: Provided that this shall not apply even
in cases where the premiums have been paid based on the
standard remuneration, if the amount of the basic daily wage
calculated pursuant to paragraphs (1) and (2) is larger than that
of the standard remuneration. <Amended by Act No. 9990, Jan.
27, 2010>
(4) Notwithstanding the provisions of paragraphs (1) through
(3), if the basic daily wages calculated as provided in these
provisions are less than the amount (hereinafter referred to as
“minimum basic daily wages”) calculated by multiplying the
number of contractual working hours per day prior to the
eligible recipient's separation by the hourly minimum wages
prescribed by the Minimum Wage Act, which is applied at the
time of separation, the minimum basic daily wages shall be the
basic daily wages.
(3), if the basic daily wages calculated as provided in these
provisions exceed the wages which are prescribed by the
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Presidential Decree in consideration of the purpose of insurance

and the wage levels of ordinary workers, etc., the amount of
money prescribed by the Presidential Decree shall be that of
basic daily wages.
Article 46 (Daily Amount of Job-seeking Benefits)
(1) The daily amount of job-seeking benefits shall be the
amount described in the following subparagraphs:
1. In cases of paragraphs (1) through (3) and (5) of Article
45, the amount shall be calculated by multiplying the
basic daily wages of the eligible recipient concerned by
50/100; and
2. In cases of Article 45 (4), the amount shall be calculated
by multiplying the basic daily wages of the eligible
recipient concerned by 90/100 (hereinafter referred to as
“minimum daily job-seeking benefits”).
(2) If the daily amount of job-seeking benefits calculated in
accordance with subparagraph 1 of paragraph (1) is less than
the minimum daily job-seeking benefits, the minimum daily
job-seeking benefits shall be the daily amount of job-seeking
benefits of the eligible recipient concerned.
Article 47 (Report on Work during Unemployment Period)
(1) If an eligible recipient has worked or started up business
during the period (hereinafter referred to as “period subject to
recognition of unemployment”) with respect to which he/she
intends to obtain recognition of unemployment, he/she shall
report the fact to the head of an Employment Security Office.
<Amended by Act No. 10895, Jul. 21, 2011>
(2) The head of an Employment Security Office may, if
deemed necessary, investigate whether an eligible recipient has
worked or started up business during the period subject to
recognition of unemployment. <Amended by Act No. 10895, Jul.
21, 2011>
Article 48 (Benefit Period and Number of Benefit Days)
(1) Job-seeking benefits, unless otherwise provided in this
Act, shall be provided for not more than the number of benefit
days prescribed in Article 50 (1), within 12 months from the
day following the date of separation relevant to the recognition
of eligibility for the job seeking benefits.
(2) If a recipient is unable to find employment due to pregnancy,
childbirth, child care or other causes provided for by the

Presidential Decree during the 12-month period under paragraph

(1) and reports the fact to an Employment Security Office
within the benefit period, the job-seeking benefits shall be paid
for not more than the number of benefit days prescribed in
Article 50 (1), within the 12-month period plus the period(4
years in cases of exceeding four years) during which the
recipient could not find employment.
(3) If a person falls under any of the following subparagraphs,
he/she shall be deemed to have made the report under paragraph
(2) on the first day of medical care: <Newly Inserted by Act No.
9315, Dec. 31, 2008>
1. Where the person received the medical care benefits
under Article 40 of the Industrial Accident Compensation
Insurance Act; and
2. Where the person left his/her job because he/she needed
to receive medical care of three months or longer due to
a disease or an injury and it is confirmed by observations
of the physician in charge, which clearly states the medical
care period and condition of the person, that he/she was
unable to work during the separation period, and by the
employer's opinions that he/she left his/her job to receive
medical care.
Article 49 (Waiting Period)
Notwithstanding Article 44, job-seeking benefits shall not be
paid for 7 days beginning from the date of the report of
unemployment under Article 42, which is considered a waiting
period.
Article 50 (Prescribed Number of Benefit Days and Insured Period)
(1) The number of days (hereinafter referred to as “prescribed
number of benefit days”) for which an eligible recipient is
entitled to receive job-seeking benefits shall be counted from the
day following the end of the waiting period until it reaches the
number of days set forth in the attached Table 1 according to
insured period and age. <Amended by Act No. 10895, Jul. 21, 2011>
(2) If an eligible recipient has extended his/her benefit
period due to pregnancy, childbirth, child care or any other
reason prescribed by the Presidential Decree pursuant to Article
48 (2) within the prescribed number of benefit days, the
payment of job-seeking benefits shall be deferred for as long as
the extended period.
(3) The insured period shall be the period of employment
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with the business covered at the time of separation related to

the eligibility for benefits (excluding any period during which
he/she is employed as a worker falling under any of the
subparagraphs of Article 8; hereinafter the same shall apply in
this Article): Provided that in the case of self-employed insured
persons, the period corresponding to insurance premiums actually
paid during the period over which the business covered at the
time of business shutdown related to the eligibility for benefits
has been covered by insurance shall be the insured period.
(4) Notwithstanding paragraph (3), in any of the following
cases, an insured period shall be calculated according to the
respective subparagraph: <Amended by Act No. 10895, Jul. 21, 2011>
1. Where insured status was lost at the previous covered
business and has been reacquired at the current covered
business within three years from the date of loss: any
insured period at the previous covered business shall be
added: Provided that if job-seeking benefits have been
received due to a loss of insured status at the previous
covered business, the insured period at the previous
covered business shall be excluded;
2. Where a self-employed insured person lost his/her insured
status after being employed as a worker and has reacquired
insured status as a self-employed person within three
years from the date of loss: any insured period at the
previous covered business shall not be added, but if the
person wants the previous insured period to be added, it
shall be added limitedly: Provided that if the person has
received job-seeking benefits due to a loss of insured status
at the previous covered business, the insured period at
the previous covered business shall be excluded.
(5) If the date of acquiring insured status applicable to a
single insured period is earlier than January 1 of the third year
prior to the date on which the acquisition of insured status is
confirmed under Article 17, the insured status shall be deemed
to have been acquired on the first day of the insurance year to
which January 1 of the third year prior to the date of
confirmation belongs and the insured period shall be calculated
accordingly. <Amended by Act No. 10895, Jul. 21, 2011>
Article 51 (Benefit for Extended Training)
(1) The head of an Employment Security Office may instruct
an eligible recipient to take training if vocational skills development

training is necessary for re-employment given his/her age and

experience.
(2) The head of an Employment Security Office, instructing
an eligible recipient to take vocational skills development training
pursuant to paragraph (1), may make an extended payment of
job-seeking benefits in excess of the prescribed number of benefit
days for the days recognized as days of unemployment during
the period of the eligible recipient receiving the vocational skills
development training concerned. In such cases, the payment
period of extended job-seeking benefits (hereinafter referred to
as “benefits for extended training”) shall be limited to the
period prescribed by the Presidential Decree.
(3) Training participants and training courses under paragraph
(1) and other necessary matters shall be prescribed in the
by Act No. 10339, Jun. 4, 2010>
Article 52 (Individual Extended Benefit)
(1) The head of an Employment Security Office may, with
respect to an eligible recipient who is particularly difficult to
get employment and leads a hard life and is prescribed by the
Presidential Decree, make an extended payment of job-seeking
benefits in excess of the prescribed number of benefit days for
the days during which he/she is recognized as being unemployed.
(2) Job-seeking benefits (hereinafter referred to as “individual
extended benefit”) which are paid for an extended period as
provided by paragraph (1) shall be paid for a period prescribed
by the Presidential Decree not exceeding 60 days.
Article 53 (Special Extended Benefit)
(1) The Minister of Employment and Labor may make an
extended payment of job-seeking benefits not in excess of 60 days
for the days for which an eligible recipient remains unemployed
for a period exceeding the prescribed number of benefit days,
in cases where causes prescribed by the Presidential Decree, such
as sharp increases in unemployment, have occurred: Provided
that the extended job-seeking benefits shall not be paid to an
eligible recipient, etc., prescribed in the Ordinance of the Ministry
of Employment and Labor, who earns a certain level of income
for livelihood stability after separation. <Amended by Act No.
10339, Jun. 4, 2010>
(2) The Minister of Employment and Labor shall designate a
certain period during which he/she intends to offer extended
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1. EMPLOYMENT LAWS
job-seeking benefits (hereinafter referred to as “special extended

benefit”) as provided by the main text of paragraph (1).
Article 54 (Period of Extended Benefits and Daily Amount of
Job-Seeking Benefit)
(1) If extended benefits referred to in Article 51 through 53
are paid, the benefit period of the eligible recipient shall be
calculated by adding the extended number of days of job-seeking
benefits to the benefit period of the eligible recipient under the
provision of Article 48.
(2) If benefits for extended training referred to in Articles 51 are
paid, the daily amount shall be 100/100 of the daily job-seeking
benefit of the eligible recipient concerned, and if individual
extended benefits or special extended benefits referred to in
Articles 52 or 53 are paid, the daily amount shall be 70/100 of
the daily job-seeking benefit of the eligible recipient. <Amended
by Act No. 8959, Mar. 21, 2008>
(3) If the daily job-seeking benefit calculated pursuant to the
provision of paragraph (2) is lower than the minimum daily
job-seeking benefit under of Article 46 (2), the minimum daily
job-seeking benefit shall be the daily job-seeking benefit of the
eligible recipient concerned.
Article 55 (Mutual Adjustment, etc., of Extended Benefits)
(1) Extended benefit provided in Articles 51 through 53 shall
be offered after the termination of the payment of job-seeking
benefit to which the eligible recipient is entitled under Article 48.
(2) Individual extended benefit and special extended benefit
shall not be offered to an eligible recipient with entitlement to
benefit for extended training unless the payment of benefit for
extended training is terminated.
(3) Either individual extended benefit or special extended
benefit shall not be offered if an eligible recipient who receives
either of them acquires an entitlement to benefit for extended
training.
(4) Individual extended benefit shall not be offered to an
eligible recipient who receives special extended benefit, until the
payment of the special extended benefit is terminated, and special
extended benefit shall not be offered to an eligible recipient who
receives individual extended benefit, until the payment of the
individual extended benefit is terminated.
(5) Other matters necessary for mutual adjustment between

extended benefits shall be prescribed in the Ordinance of the

Jun. 4, 2010>
Article 56 (Date and Method of Payment)
(1) Job-seeking benefit shall be paid for the recognized number
of days of unemployment, as prescribed by the Presidential Decree.
(2) The head of an Employment Security Office shall decide
the date on which job-seeking benefit is to be paid and notify
the eligible recipient of it.
Article 57 (Unpaid Job-seeking Benefit)
(1) If an eligible recipient dies and there remains any unpaid
part of job-seeking benefit which should be paid to the eligible
recipient, the unpaid job-seeking benefit shall be paid at the
request of his/her spouse (including a de facto spouse), children,
parents, grandchildren, grandparents, or brothers and sisters who
have shared the same livelihood with the eligible recipient.
(2) For the days no recognition of unemployment is obtained
due to the death of the eligible recipient, such recognition shall
be obtained by a person who requests the payment of unpaid
benefit in accordance with paragraph (1). In such cases, if the
eligible recipient falls under paragraph (1) of Article 47, the
person who requests such payment shall report matters provided by
paragraph (1) of the same Article to the head of an Employment
Security Office.
(3) The order of priority among those eligible to receive unpaid
job-seeking benefit pursuant to paragraph (1) shall be the same
as that enumerated in the same paragraph. In such cases, if two
persons or more have the same priority, one of them shall be
considered to have requested for all of them, and payment made
to that person shall be considered as payment made to all.
Article 58 (Restrictions on Eligibility for Benefits due to Causes of
Separation)
Notwithstanding Article 40, if the head of an Employment
Security Office recognizes that an insured person falls under
any of the following subparagraphs, the insured person shall be
considered ineligible to receive benefits:<Amended by Act No.
10339, Jun. 4, 2010>
1. Where he/she is an insured person dismissed for reasons
attributable to him/herself and falls under any of the
following items:
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A. Where he/she is sentenced to imprisonment without

prison labor or more severe punishment for violating
the Criminal Act or laws relating to jobs ;
B. Where he/she caused considerable difficulties to business
or inflicted property damages and falls under the
criteria prescribed in the Ordinance of the Ministry of
Employment and Labor ; and
C. Where he/she has been absent from work for a long
time without due notice and justifiable reasons in violation
of his/her labor contract or employment rules.
2. Where he/she is an insured person separated from
employment for his/her personal reasons and falls under
any of the following items:
A. Where he/she has left his/her job to transfer to another
job or become self-employed;
B. Where he/she, though not dismissed for reasons
attributable to him/herself under subparagraph 1, is
separated from employment following the advice of
the employer; and
C. Where he/she is separated from employment for reasons
other than the justifiable reasons prescribed in the
Ordinance of the Ministry of Employment and Labor.
Article 59 (Deferment of Job-Seeking Benefit Payment due to Receipt
of Large Amount of Money and Valuables)
(1) Notwithstanding the provision of Article 48 (1), the
payment of job-seeking benefits may be deferred for 3 months
from the unemployment report date according to the provision
of Article 42 if the eligible recipient(including persons certain to
receive the payment under the Presidential Decree) received as
retirement pay, etc., money and valuables exceeding the amount
prescribed by the Presidential Decree in consideration of economic
circumstances etc., at the time of separation.
(2) An eligible recipient for whom the period of the deferment
of job-seeking benefit payment under paragraph (1) ends shall
be considered to have gone through the waiting period prescribed
in Article 49.
(3) The benefit period for an eligible recipient whose job-seeking
benefit payment is deferred in accordance with paragraph (1)
shall be calculated by adding 3 months to the benefit period for
the eligible recipient concerned as prescribed by Article 48.
Article 60 (Restrictions on Benefit Payment due to Refusal to Receive

Training, etc.)
(1) If an eligible recipient refuses to accept the job introduced
by the head of an Employment Security Office or to receive the
vocational skills development training, etc., designated by the head
of an Employment Security Office, the payment of job-seeking
benefits shall be suspended as prescribed by the Presidential
Decree : Provided that if there are justifiable reasons described in
any of the following subparagraphs, this shall not apply:
1. Where the job offered or the kind of occupation in which
the vocational skills development training, etc., is designated,
is not suitable to the ability of the eligible recipient;
2. Where moving a house is necessary to accept the employment
or to receive the vocational skills development training,
etc., but such house moving is difficult;
3. Where the wage level of the offered job falls under the
criteria determined by the Minister of Employment and
Labor, such as when it is 20 percent or more lower than
that of ordinary wages for the same kind of occupation
or the same level of skill in the same region, etc.; and
4. Where there are other justifiable reasons.
(2) If an eligible recipient refuses without a justifiable reason to
receive the vocational guidance for the promotion of reemployment
conducted by the head of an Employment Security Office in
accordance with the standards set by the Minister of Employment
and Labor, the payment of job-seeking benefits shall be
suspended as prescribed by the Presidential Decree. <Amended
by Act No. 10339, Jun. 4, 2010>
(3) Whether there are justifiable reasons under the proviso
of paragraph (1) and paragraph (2) shall be decided by the head
of an Employment Security Office in accordance with the standards
determined by the Minister of Employment and Labor.
(4) The suspension period of job-seeking benefit under
paragraphs (1) and (2) shall be determined and notified by the
Minister of Employment and Labor, and not exceed one Month.
Article 61 (Restrictions on Benefit Payment due to Fraudulent Acts)
(1) If a person intends to receive or received unemployment
benefits in false or other fraudulent ways, job-seeking benefit
shall not be paid beginning from the date on which he/she
intends to receive or received the benefits: Provided that this
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shall not apply to job-seeking benefits to which he/she newly

acquires his/her entitlement after separation related to the benefits.
(2) Notwithstanding the main sentence of paragraph (1), if
the false or other fraudulent ways fall under the reasons
prescribed by the Presidential Decree, such as failures to fulfill
the obligation to report under Article 47 (1) or false report, etc.,
job-seeking benefits shall not be paid for the recognized
unemployment period. However, if two or more violations are
committed, the main sentence of paragraph (1) shall be applied.
(3) If a person who intends to receive or received unemployment
benefits in false or other fraudulent ways is denied job-seeking
benefits pursuant to paragraph (1) or (2), the person shall be
considered to have received the job-seeking benefits concerned
in applying Article 50 (3) and (4).
(4) If a person who intends to receive or received unemployment
benefits in false or other fraudulent ways is denied job-seeking
benefit pursuant to paragraph (1) or (2), the person shall be
considered to have received the job-seeking benefits corresponding
to the number of days during which the person is ineligible to
receive the benefits, in applying Article 63 (2).
Article 62 (Return Order, etc.)
(1) The head of an Employment Security Office may order a
person who receives job-seeking benefits in false or other fraudulent
ways to return all or part of the job-seeking benefits and may,
in addition to this, levy the amount of money equivalent to or
less than the amount of job-seeking benefit paid in false or other
fraudulent ways in accordance with the standards determined
by the Minister of Employment and Labor. <Amended by Act No.
10339, Jun. 4, 2010>
(2) If the false or fraudulent ways mentioned in paragraph
(1) are due to false notification, report or certification by the
employer (including his agent, servant or other employees), the
employer shall take responsibility jointly with the person who
has received the job-seeking benefits.
(3) If job-seeking benefits are wrongly paid to an eligible
recipient or a person who was an eligible recipient, the head of
an Employment Security Office may collect the paid amount.
Article 63 (Special Case on Disease, etc.)
(1) If an eligible recipient becomes unable to take employment
on account of sickness, injury or child birth after he reported
separation from employment in accordance with Article 42 and

cannot obtain the recognition of unemployment, an amount

equivalent to the daily job-seeking benefit (hereinafter referred
to as “injury and disease benefit”) under Article 46 may be paid
in substitution for his/her job-seeking benefit, notwithstanding
Article 44 (1), at the request of the eligible recipient: Provided
that the injury and disease benefit shall not be paid for the
period during which the payment of job-seeking benefit is
suspended pursuant to paragraphs (1) and (2) of Article 60.
(2) The number of days entitled to injury and disease benefit
shall be limited to the number of days obtained by subtracting
the number of days for which job-seeking benefit is paid
according to the entitlement from the prescribed number of
benefit days for the eligible recipient. In such cases, the amount
of job-seeking benefit corresponding to the number of days for
which the injury and disease benefit is paid shall be considered
to have been paid in the application of the provisions of this
Act (excluding Articles 61 and 62).
(3) The injury and disease benefit under paragraph (1) shall
be paid on the first day job-seeking benefit has been paid since
the removal of reasons preventing the recipient from taking
employment (the day decided by the head of an Employment
Security Office, if there is no day job-seeking benefit is paid):
Provided that the payment may, if deemed necessary, be made
as otherwise prescribed by the Minister of Employment and
(4) Notwithstanding paragraph (1), injury and disease benefit
shall not be paid, if the eligible recipient is eligible to receive
the compensation for suspension of work under Article 79 of
the Labor Standards Act, wage replacement benefits under
Article 39 of the Industrial Accident Compensation Insurance
Act or other equivalent compensation or benefits prescribed by
the Presidential Decree.
(5) With regard to the payment of injury and disease benefit,
Articles 47, 49 and 57 and paragraphs (1) through (3) of Article
61 and Article 62 shall apply mutatis mutandis. In such cases,
“the period subject to recognition of unemployment” in Article
47 shall be considered “the days for which the recognition of
unemployment cannot be obtained”.
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SECTION 3
Employment Promotion Allowances
Article 64 (Early Reemployment Allowance)

(1) Early reemployment allowances shall be paid when the
eligible recipient(foreign workers are excluded in accordance with
the Article 2 of the Act on Foreign Workers' Employment, etc.)
is reemployed in a stable job or does his/her own business to make
profits and meets the standards prescribed by the Presidential
Decree.
(2) Notwithstanding paragraph (1), early reemployment
allowances shall not be paid if the eligible recipient has received
early reemployment allowances within the period prescribed by
the Presidential Decree, before he/she is reemployed in a stable
job or does his/her own business to make profits.
(3) The amount of early reemployment allowances shall be
calculated, in accordance with the standards prescribed by the
Presidential Decree, based on the proportion of the number of
days for which the payment is not yet made in the prescribed
number of job-seeking benefit days.
(4) In applying this Act (excluding Articles 61 and 62) to a
person who has received early reemployment allowances,
job-seeking benefits shall be considered to have been paid in
the amount corresponding to the number of days obtained by
dividing the amount of early reemployment allowances by the
daily job-seeking benefits under Article 46.
(5) A subsidy may, as prescribed by the Presidential Decree,
be paid to a person who reemploys an eligible recipient on an earlier
date so as to shorten the period of paying the job-seeking benefits.
Article 65 (Vocational Skills Development Allowance)
(1) Vocational skills development allowances shall be paid
for the period of vocational skills development training, etc., if
the eligible recipient receives the vocational skills development
training, etc., designated by the head of an Employment Security
Office.
(2) Notwithstanding paragraph (1), vocational skills development
allowances shall not be paid for the period during which the
payment of job-seeking benefit is suspended under paragraphs
(1) and (2) of Article 60.
(3) The requirements for and amount of vocational skills
development allowances shall be prescribed by the Presidential

Decree. In such cases, the amount of vocational skills development

allowances may be differently set for the vocational skills
development training, etc., in the kinds of occupations recognized
and announced as especially essential by the Minister of Employment
and Labor in consideration of the situations of manpower supply
and demand. <Amended by Act No. 10339, Jun. 4, 2010>
Article 66 (Wide-Area Job-Seeking Allowance)
(1) Wide-area job-seeking allowances may be paid if the
eligible recipient engages in job-seeking activities in a wide area
offered by an Employment Security Office and the head of the
Employment Security Office deems it necessary in accordance
with the standards prescribed by the Presidential Decree.
(2) The amount of wide-area job-seeking allowances shall be
the expenses normally required for the job-seeking activities under
paragraph (1), but calculated as prescribed by the Ordinance of
10339, Jun. 4, 2010>
Article 67 (Moving Allowance)
(1) Moving allowances may be paid, if the eligible recipient
moves to other places to be employed or to receive the vocational
skills development training, etc., designated by the head of an
Employment Security Office and the head of the Employment
Security Office deems it necessary in accordance with the standards
(2) The amount of moving allowances shall be the expenses
normally required for moving the household of the eligible
recipient, but calculated as prescribed by the Ordinance of the
Jun. 4, 2010>
Article 68 (Restrictions on Payment of Employment Promotion Allowance)
(1) If a person intends to receive or received unemployment
benefits in false or other fraudulent ways, employment promotion
allowances shall not be paid beginning from the date on which
he/she intends to receive or received the said benefits: Provided
that this shall not apply to employment promotion allowances
to which he/she newly acquires his/her entitlement after separation
related to the benefits.
(2) Notwithstanding the main sentence of paragraph (1), if
the false or other fraudulent ways fall under the reasons prescribed
by the Presidential Decree, such as failures to fulfill the obligation
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to report under Article 47 (1) or false report, the payment of

employment promotion allowances shall not be restricted.
However, if two or more violations are committed, the main
sentence of paragraph (1) shall be applied.
(3) If a person who intends to receive or received
unemployment benefits in false or other fraudulent ways is
denied employment promotion allowances pursuant to paragraph
(1) or (2) and as a consequence denied early re-employment
allowances, the person shall be considered to have received
early re-employment allowances in applying Article 64 (4).
Article 69 (Application Mutatis Mutandis)
Article 57 (1) and (3) and Article 62 shall apply mutatis
mutandis to employment promotion allowances. In such cases,
the term “eligible recipient” in Article 57 (1) shall be read as
“person eligible for employment promotion allowances”.
SECTION 4
Special Cases of the Application of Unemployment

Benefits for Self-employed Insured Persons
Article 69-2 (Types of Unemployment Benefits for Self-Employed
Insured Persons)
Types of unemployment benefits for self-employed insured
persons shall be governed by Article 37: Provided that extended
benefits under Articles 51 through 55 and early reemployment
allowances under Article 64 shall be excluded.
<This Article Newly Inserted by Act No. 10895, Jul. 21, 2011>
Article 69-3 (Eligibility Requirements for Job-Seeking Benefits)
Job-seeking benefits shall be paid if a self-employed insured
person who has shut down his/her business meets all of the
following requirements:
1. The unit period of insurance during which he/she qualified
as a self-employed insured person under the proviso to
Article 41 (1) during the 24-month period prior to the
date of business shutdown shall be not less than one
year in total;
2. Despite his/her willingness and ability to work, he/she
shall remain out of employment;

3. The reasons for business shutdown shall not fall within

any of the reasons for restricting eligibility for benefits
under Article 69-7; and
4. He/she shall be actively seeking reemployment.
Article 69-4 (Basic Daily Wages)
(1) The basic daily wage of an eligible recipient who was a
self-employed insured person shall be an amount calculated by
dividing the sum of all wages announced under Article 49-2 (3)
of the Insurance Premium Collection Act, based on which the
amount of insurance premiums paid by that person during the
period determined in accordance with the following classification
is calculated, by the total number of days in that period:
1. Where the insured period related to the eligibility is three
years or longer: an insured period during the three-year
period prior to the date of the last business shutdown; and
2. Where the insured period related to the eligibility is less than
three years: the insured period related to the eligibility.
(2) Notwithstanding paragraph (1), if the prescribed number
of benefit days referred to in Article 69-6 is increased additionally
as a result of an eligible recipient who was a self-employed
insured person adding up an insured period pursuant to Article
50 (4), the basic daily wage corresponding to the increased number
of days shall be an amount of basic daily wage calculated
under paragraph (1), but if the amount of basic daily wage falls
under any of the following subparagraphs, the respective amount
shall be the daily basic wage:
1. The minimum basic daily wage, in cases where the basic
daily wage falls short of the minimum basic daily wage;
2. The amount prescribed by the Presidential Decree, in
cases where the basic daily wage exceeds the amount
prescribed by the Presidential Decree under Article 45 (5).
Article 69-5 (Daily Amount of Job-Seeking Benefits)
The daily amount of job-seeking benefits of an eligible
recipient who as a self-employed insured person has shut down
his/her business shall be 50/100 of the basic daily wage of the
eligible recipient.
Article 69-6 (Prescribed Number of Benefit Days)
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The prescribed number of benefit days of an eligible

recipient who as a self-employed insured person has shut down
his/her business shall be counted from the day following the
end of the waiting period under Article 49 until it reaches the
number of days set forth in the attached Table 2 according to
insured period.
Article 69-7 (Restrictions on Eligibility for Benefits Due to Causes
of Business Shutdown)
Notwithstanding Article 69-3, if the head of an Employment
Security Office recognizes that a self-employed insured person
who has shut down his/her business falls under any of the
following subparagraphs, that person shall be deemed ineligible
for benefits:
1. Where he/she has shut down his/her business as revocation
of permission or suspension of business was imposed for
violating Acts and subordinate statutes;
2. Where he/she has shut down his/her business due to any
serious cause attributable to the insured person him/herself,
such as arson, and prescribed by the Ordinance of the
Ministry of Employment and Labor;
3. Where he/she has shut down his/her business in order
to transfer to another business or start a self-employed
business again due to a cause not prescribed by the
Ordinance of the Ministry of Employment and Labor,
such as a sharp fall in sales, etc.; and
4. Where he/she has shut down his/her business due to a
cause that does not constitute any other justifiable cause
prescribed by the Ordinance of the Ministry of Employment
and Labor.
Article 69-8 (Restrictions on Payment of Unemployment Benefits
to Self-Employed Insured Persons)
The Minister of Employment and Labor may not pay
unemployment benefits under this Chapter to those who have
failed to pay insurance premiums, as prescribed by the Ordinance
of the Ministry of Employment and Labor.
Article 69-9 (Application Mutatis Mutandis)
(1) With respect to unemployment benefits for self-employed

insured persons, Articles 38, 42 through 44, 47 through 49, 56,

57, 60 through 63, and 65 through 68 shall apply mutatis
mutandis. In such cases, “separation from employment” in
Articles 42 (1) and 43 (3) shall be read as “business shutdown”,
“subparagraphs 1 through 3, 5 and 6 of Article 40 (1)” in
Article 43 (1) as “Article 69-3”, “Article 46” in Article 63 (1) as
“Article 69-5”, and “Article 50 (1)” in Article 48 (1) as “Article
69-6”. <Amended by Act No. 11864, Jun. 4, 2013>
(2) With respect to employment promotion allowances
(excluding early reemployment allowances) for self-employed
insured persons, Article 57 (1) and (3) and Article 62 shall
apply mutatis mutandis. In such cases, "eligible recipient" in
Article 57 (1) shall be read as "person eligible to receive
employment promotion allowances".
CHAPTER V
Child-care Leave Benefit, etc.
SECTION 1
Child-care Leave Benefits

Article 70 (Child-care Leave Benefits)

(1) The Minister of Employment and Labor shall pay child-
care leave benefits to an insured person who has been granted
30 days or more of child-care leave (excluding a period overlapping
with maternity leave under Article 74 of the Labor Standards
Act) under Article 19 of the Act on Equal Employment and
Support for Work-Family Reconciliation and meets all of the
following requirements: <Amended by Act No. 8781, Dec. 21,
2007; Act No. 10339, Jun. 4, 2010; Act No. 10895, Jul. 21, 2011;
Act No. 11274, Feb. 1, 2012; and Act No. 12323, Jan. 21, 2014>
1. The unit period of insurance under Article 41 prior to the
beginning date of the child-care leave shall be 180 days
or more in total; and
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2. His/her spouse who is also an insured person shall not

have been granted 30 days or more of child-care leave
for the same child nor have worked shorter hours during
the child-rearing period (hereinafter referred to as "working
hour reduction during the child-rearing period") under
Article 19-2 of the Act on Equal Employment and Support
for Work-Family Reconciliation for 30 days or more.
3. Deleted. <Act No. 10895, Jul. 21, 2011>
(2) A person who intends to receive child-care leave benefits
under paragraph (1) shall apply for such benefits between one
month after the beginning date of the child-care leave and 12
months after the end of the child-care leave: Provided that a
person who is unable to apply for child-care leave benefits
during the said period due to any cause prescribed by the
Presidential Decree shall make an application within 30 days
after the cause has ceased to exist. <Newly Inserted by Act No.
10895, Jul. 21, 2011>
(3) The amount of child-care leave benefits under paragraph
(1) shall be prescribed by the Presidential Decree. <Amended by
Act No. 10895, Jul. 25, 2011>
(4) Necessary matters concerning application for and payment
of child-care leave benefits shall be prescribed by the Ordinance
of the Ministry of Employment and Labor.
<Amended by Act No. 10339, Jun. 4, 2010 and Act No. 10895, Jul.
25, 2011>
Article 71 (Confirmation of Child-care Leave)
If an employer shall, when an insured person intends to
receive child-care leave benefits pursuant to Article 70, cooperate
actively on all the procedures such as the confirmation, etc. of
the facts as prescribed by the Ordinance of the Ministry of
Article 72 (Notification, etc. of Employment)
(1) An insured person who leaves his/her job, finds a new
job (excluding a case where the number of contractual weekly
working hours is less than 18 ; Hereinafter the same shall apply
in this Chapter) or receives money and goods from an employer
during a period of child-care leave benefits shall notify the
head of an Employment Security Office of the facts.
(2) The head of an Employment Security Office may, if
he/she deems it necessary, investigate matters such as job-leaving,
new job take-up etc., during a period of child-care leave benefits.

Article 73 (Restriction, etc. on Benefits Payment)

(1) If an insured person is separated from the business or
finds a new job during a period of child-care leave benefits,
child-care leave benefits shall not be paid beginning from the
time of job-leaving or new job take-up.
(2) If an insured person receives money and goods from
his/her employer on account of child-care leave, child-care leave
benefits may be paid in an reduced amount, as prescribed by
(3) Child-care leave benefits shall not be paid to those who
received or intends to receive child-care leave benefits in false
or other fraudulent ways starting from the date of the receipt
of the benefits concerned or the date of intending to receive the
benefits: Provided that if the person meets newly the conditions
for child-care leave benefits after taking the child-care leave
related to the benefits concerned, the above provision shall not
apply to the child-care leave benefits paid pursuant to the new
conditions.
Article 73-2 (Benefits for Working Hour Reduction During

Child-Rearing Period)
(1) The Minister of Employment and Labor shall pay benefits
for working hour reduction during the child-rearing period to
an insured person who has worked shorter hours during the
child-rearing period for 30 days or more (excluding a period
overlapping with maternity leave under Article 74 of the Labor
Standards Act) and meets all of the following requirements:
<Amended by Act No. 11274, Feb. 1, 2012 and Act No. 12323, Jan.
21, 2014>
1. The unit period of insurance under Article 41 prior to the
beginning date of the working hour reduction during the
child-rearing period shall be 180 days or more in total; and
2. His/her spouse who is also an insured person shall not
have been granted 30 days or more of child-care leave
for the same child nor have worked shorter hours during
the child-rearing period for 30 days or more.
(2) A person who intends to receive benefits for working
hour reduction during the child-rearing period under paragraph
(1) shall apply for such benefits between one month after the
beginning date of the working hour reduction during the
child-rearing period and 12 months after the end date: Provided
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that a person who is unable to apply for benefits for working

hour reduction during the child-rearing period during the said
period due to any cause prescribed by the Presidential Decree
shall make an application within 30 days after the cause has
ceased to exist.
(3) The amount of benefits for working hour reduction during
the child-rearing period under paragraph (1) shall be prescribed
(4) Necessary matters concerning application for and payment
of benefits for working hour reduction during the child-rearing
period shall be prescribed by the Ordinance of the Ministry of
(1) With respect to child-care leave benefits, Article 62 shall
apply mutatis mutandis. In such cases, “job-seeking benefits”
shall be read as “child-care leave benefits”. <Amended by Act No.
10895, Jul. 21, 2011>
(2) With respect to benefits for working hour reduction
during the child-rearing period, Articles 62 and 71 through 73
shall apply mutatis mutandis. In such cases, "job-seeking benefits"
in Article 62 shall be read as "benefits for working hour
reduction during the child-rearing period" and "child-care leave"
in Articles 71 through 73 as "working hour reduction during
the child-rearing period". <Newly Inserted by Act No. 10895, Jul.
21, 2011>
SECTION 2
Maternity Leave Benefits, etc.

<Amended by Act No. 11274, Feb. 1, 2012>
Article 75 (Maternity Leave Benefits, etc.)

The Minister of Employment and Labor shall pay maternity
leave benefits, etc., (hereinafter referred to as “maternity leave
benefits, etc.”) if pursuant to Article 18 of the Act on Equal
Employment and Support for Work-Family Reconciliation, an
insured person is granted maternity leave before and after childbirth
or miscarriage or stillbirth leave prescribed in Article 74 of the
Labor Standards Act and meets all the conditions described in

the following subparagraphs: <Amended by Act No. 8781, Dec. 21,

2007; Act No. 10339, Jun. 4, 2010; Act No. 11274, Feb. 1, 2012;
and Act No. 12323, Jan. 21, 2014>
1. The total unit period of insurance under Article 41 until
the last day of leave shall be 180 days or more; and
2. The application shall be made between one month after
the beginning date of leave [in the case of an enterprise
which does not meet the criteria set forth by the Presidential
Decree, such as the number of workers, under Article 19
(2), the 60th day (75th day in cases of a pregnancy with
more than one child) after the start of leave shall be
considered the beginning date of leave] and 12 months
after the end date of leave: Provided that a person who
was not able to make an application for maternity leave
benefits etc.,during the period mentioned above due to
any of the reasons prescribed by the Presidential Decree
shall make an application within 30 days after the reason
ceases to exist.
<Title of This Article Amended by Act No. 11274, Feb. 1, 2012>
Article 75-2 (Right to Maternity Leave Benefits by Subrogation)
If an employer provided a worker with money and valuables
equivalent to maternity leave benefits, etc., for the same reason
he/she has to provide such benefits, etc., and the money and
valuables are deemed to have been paid in substitution for
maternity leave benefits, etc., the employer shall be able to
claim the worker's right to maternity leave benefits, etc., by
subrogation with regard to the amount (not exceeding the
maximum amount under Article 76 (2)) paid by the employer.
Article 76 (Payment Period, etc.)
(1) Maternity leave benefits, etc., under Article 75 shall be
paid in an amount equivalent to the ordinary wages (calculated
based on the beginning date of leave) under the Labor Standards
Act for the leave period under Article 74 of the Labor
Standards Act: Provided that in the case of an enterprise which
does not meet the criteria set forth by the Presidential Decree,
such as the number of workers, under Article 19 (2), the payment
period shall be limited to the number of leave days (up to 30
days, but 45 days in cases of a pregnancy with more than one
child) in excess of 60 days (75 days in cases of a pregnancy
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with more than one child). <Amended by Act No. 11274, Feb. 1,
2012 and Act No. 12323, Jan. 21, 2014>
(2) A maximum or minimum amount of maternity leave
benefits, etc., payable pursuant to paragraph (1) may be set as
11274, Feb. 1, 2012>
(3) Necessary matters as to the application for and payment
of maternity leave benefits, etc., pursuant to paragraphs (1) and
(2) shall be prescribed in the Ordinance of the Ministry of
Employment and Labor. <Amended by Act No. 10339, Jun. 4,
2010 and Act No. 11274, Feb. 1, 2012>
The provisions of Article 62 and 71 through 73 shall apply
mutatis mutandis to maternity leave benefits, etc. In such cases,
“job-seeking benefits” in Article 62 shall be considered as
“maternity leave benefits, etc.”, and “child-care leave” in Article
71 through 73 as “maternity leave or miscarriage or stillbirth
leave”. <Amended by Act No. 11274, Feb. 1, 2012>
CHAPTER Ⅵ
Employment Insurance Fund
Article 78 (Establishment and Formation of Fund)

(1) The Minister of Employment and Labor shall establish
the employment insurance fund (hereinafter referred to as
“fund”) in order to finance the expenses needed for insurance
programs. <Amended by Act No. 10339, Jun. 4, 2010>
(2) The fund shall be formed with collected premiums,
reserve funds, profits derived from the operation of the fund
and other revenues under this Act.
Article 79 (Management and Operation of Fund)
(1) The fund shall be operated and managed by the Minister
(2) Details of the management and operation of the fund
shall be provided by the National Finance Act.
(3) The Minister of Employment and Labor shall manage
and operate the fund according to methods prescribed in the

following subparagraphs: <Amended by Act No. 10339, Jun. 4, 2010>

1. Deposits in financial institutions;
2. Deposits in public financial funds;
3. Purchase of securities issued or guaranteed by the State
or local governments or financial institutions;
4. Acquisition and disposal of real estates to carry out
insurance programs or increase the fund; and
5. Other methods to increase the fund prescribed by the
(4) The Minister of Employment and Labor shall ensure that
earnings from the management and operation of the fund will
meet at least the level prescribed by the Presidential Decree.
Article 80 (Use of Fund)
(1) The fund shall be used for the purposes described in the
following subparagraphs: <Amended by Act No. 8959, Mar. 21,
2008 and Act No. 11274, Feb. 1, 2012>
1. Expenses needed for employment security and vocational
skills development projects;
2. Payment of unemployment benefits;
3. Payment of child-care leave benefits and maternity leave
benefits, etc.
4. Return of premiums;
5. Repayment of loans and interests; and
6. Contributions to those who carry out by proxy, or are
entrusted with, work under this Act and the Insurance
Premiums Collection Act; and
7. Other expenses necessary for the enforcement of this Act
and prescribed by the Presidential Decree and expenses
incurred in carrying out the activities under subparagraphs
1 and 2.
(2) Necessary matters concerning the payment standards, use
and management of the contributions referred to in paragraph
(1) 6 shall be prescribed by the Presidential Decree. <Newly
Inserted by Act No. 8959, Mar. 21, 2008>
Article 81 (Fund Management Plan, etc.)
(1) The Minister of Employment and Labor shall make a
fund management plan each year and the plan shall be approved
by the President after deliberation at the Employment Insurance
Committee under Article 7 and a cabinet meeting. <Amended by
Act No. 9315, Dec. 31, 2008 and Act No. 10339, Jun. 4, 2010>
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(2) The Minister of Employment and Labor shall announce

the results of fund management after deliberation at the
Employment Insurance Committee under Article 7 each year.
<Amended by Act No. 9315, Dec. 31, 2008 and Act No. 10339, Jun. 4,
2010>
Article 82 (Establishment of Fund Account)
the accounts of the employment insurance fund with the Bank
of Korea. <Amended by Act No. 10339, Jun. 4, 2010>
(2) The accounts of the employment insurance fund under
paragraph (1) shall be managed separately for employment security
and vocational skills development projects and unemployment
benefits, employment security and vocational skills development
projects for self-employed persons, and unemployment benefits
for self-employed persons. <Amended by Act No. 10895, Jul. 21, 2011>
Article 83 (Receipts and Disbursements of Fund)
Necessary details related to receipts and disbursements in
the management and operation of the fund shall be prescribed
Article 84 (Accumulation of Fund)
(1) The Minister of Employment and Labor shall set aside
extra funds as reserves to cope with massive unemployment or
other kinds of employment insecurity. <Amended by Act No.
10339, Jun. 4, 2010>
(2) The optimum volume of the extra funds referred to in
paragraph (1) shall be as follows:
1. Year-end amount of reserves for employment security and
vocational skills development projects: the amount of
expenditure for the year concerned or more but less than
1.5 times that amount; and
2. Year-end amount of reserves for unemployment benefits:
1.5 times the amount of expenditure for the year concerned
or more but less than twice that amount
Article 85 (Treatment of Surplus and Loss)
(1) If there is a surplus as a result of the settlement of
accounts of the fund, it shall be put aside as a reserve fund.
(2) If there is any amount of loss resulting from the settlement
of accounts of the fund, it shall be compensated using the
reserve fund.

Article 86 (Loan)
If there is or is expected to be a lack of funds for spending,
loans may be made from financial institutions, other funds and
other financial resources on the security of the fund.
CHAPTER Ⅶ
Request for Examination and Reexamination
Article 87 (Examination and Reexamination)

(1) A person who has an objection to the confirmation of
the acquisition or loss of insured status referred to in Article 17
or to a decision (hereinafter referred to as “original decision,
etc.”) on unemployment benefits referred to in CHAPTER IV
and child-care leave benefits and maternity leave benefits, etc.,
referred to in CHAPTER V may make a request for examination
to the examiner referred to in Article 89, and a person who objects
to resulting decisions may make a request for reexamination to
the appeal committee referred to in Article 99. <Amended by Act
No. 11274, Feb. 1, 2012>
(2) The request for examination prescribed in paragraph (1)
shall be made within 90 days from the day on which it is known
that a confirmation or decision under the same paragraph is
made and the request for reexamination shall be made within
90 days from the day on which it is known that a decision on
the request for examination is made.
(3) As for the interruption of prescription, requests for
examination and reexamination mentioned in paragraph (1),
shall be considered as requests by trial.
Article 88 (Appointment of Agents)
A person requesting examination or reexamination may
appoint a person falling under any of the following subparagraphs
as an agent in addition to a legal agent:
1. The spouse, direct ascendents and descendents, or brothers
and sisters of a person making the request;
2. Executives or employees of a corporation making the
request;
3. Lawyers or certified labor affairs consultants; and
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4. Persons authorized by the appeal committee pursuant to

Article 99.
Article 89 (Employment Insurance Examiner)
(1) In order to conduct the examination provided for by
Article 87, an employment insurance examiner (hereinafter referred
to as “examiner”) shall be assigned.
(2) If an examiner receives a request for examination pursuant
to paragraph (1) of Article 87, he/she shall make a decision on
the request within 30 days: Provided that where he cannot
make the decision within that period for compelling causes, he
may extend the period once by not more than 10 days.
(3) The number, qualifications, placement and duty of examiners
(4) If circumstances are such that a party could hardly
expect impartial review and decision from an examiner, he/she
may lodge a motion of challenge against the examiner with the
Minister of Employment and Labor. <Amended by Act No. 10339,
Jun. 4, 2010>
(5) If the claimant for examination dies and is an eligible
recipient of unemployment benefits and his/her bereaved family
member is a person other than those referred to in Article 57,
the heir or a person who succeeds to the rights or interests
relating to an original decision, etc., which are subject to the
request for examination shall succeed to the status of the
claimant for examination.
Article 90 (Request for Examination, etc.)
(1) The request for examination referred to in paragraph (1) of
Article 87 shall be made to an examiner through the Employment
Security Office which has made an original decision, etc.
(2) An Employment Security Office shall send the request for
examination to a competent examiner along with its written opinion
within 5 days from the date on which it has received the request.
Article 91 (Mode of Request)
Requests for examination shall be made in writing as
Article 92 (Correction and Rejection)
(1) If a request for examination has missed the deadline
referred to in paragraph (2) of Article 87 or if it violates the
methods prescribed by law and is impossible to correct the
violation, the examiner shall decide to reject the request.

(2) If a request for examination violates the methods

prescribed by law but is possible to correct the violation, the
examiner may set a reasonable period and order the claimant
for examination to correct the violation within that period:
Provided that if the matters to be corrected are minor, the
examiner may correct them by virtue of its authority.
(3) If the claimant for examination fails to correct the violation
within the period under paragraph (2), the examiner shall decide
to reject the request for examination.
Article 93 (Suspension of Execution of Original Decisions)
(1) A request for examination shall not suspend the
execution of an original decision, etc.: Provided that where it is
deemed urgently necessary in order to avoid serious harm
arising from the execution of an original decision, etc., the
examiner may suspend the execution ex officio.
(2) The examiner shall, where he/she intends to suspend the
execution pursuant to the proviso of paragraph (1), notify the
head of an Employment Security Office of the causes in writing.
(3) The head of an Employment Security Office shall, upon
receipt of the notification referred to in paragraph (2), without
delay, suspend the execution.
(4) An examiner shall, if he/she suspended the execution of
an original decision pursuant to paragraph (2), notify in writing,
the fact immediately to the claimant for examination.
Article 94 (Authority of Examiners)
(1) An examiner may, at the request of an claimant for
examination or ex officio, conduct investigations described in the
following subparagraphs, if it is deemed necessary for examination:
1. To have the claimant for examination or person concerned
appear at a designated place and inquire or state his/her
opinion;
2. To have the claimant for examination or person concerned
present documents or other materials which may be used
as evidence;
3. To have a third party with professional knowledge and
experience appraise the situation; and
4. To visit the workplace or other places related to the case
and question the employer, employees or other persons
concerned or inspect documents and other materials.
(2) If an examiner undertakes the inquiries and inspections
referred to in paragraph (1) 4 of this Article, he/she shall carry
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a certificate proving his/her authority and show it to the persons

concerned.
Article 95 (Restitution of Actual Expenses)
A person who appears at a designated place pursuant to
Article 94 (1) 1 and an expert who gives an appraisal pursuant
to subparagraph 3. of the same paragraph shall be compensated
for their actual expenses as determined by the Minister of
Article 96 (Decision)
An examiner shall cancel all or part of an original decision,
etc., or dismiss all or part of a request for examination when
he/she completes the examination.
Article 97 (Methods of Decision)
(1) The decision under Article 89 shall be made in writing
as prescribed by the Presidential Decree.
(2) An examiner shall, if making a decision, send an original
copy of the decision to the claimant for examination and to the
head of the Employment Security Office who has made the
original decision, etc.
Article 98 (Effect of Decision)
(1) A decision shall take effect on the date on which an
original copy of the decision is sent to the claimant for
examination and to the head of the Employment Security Office.
(2) The decision shall be binding on the head of the Employment
Security Office who has made the original decision, etc.
Article 99 (Employment Insurance Appeal Committee)
(1) In order to conduct the reexamination provided for in
Article 87, the employment insurance appeal committee (hereinafter
referred to as “appeal committee”) shall be established in the
Jun. 4, 2010>
(2) The appeal committee shall be composed of 15 members
or fewer including more than one representative from labor and
management respectively.
(3) Two of the members mentioned in paragraph (2) shall
be standing members.
(4) No person who falls under any of the following
subparagraphs shall be appointed as member:
1. A person who has been declared incompetent, quasi-
incompetent or bankrupt and has not been reinstated; and

2. A person who has been sentenced to a punishment heavier

than imprisonment and for whom three years has not
elapsed since the completion of the sentence or the final
decision not to execute it.
(5) No member shall be dismissed from office against his
will unless he is sentenced to punishment or it is difficult to
discharge his duties due to mental breakdown or noticeable lack
of ability.
(6) No standing member shall join a political party or participate
in politics.
(7) The appeal committee shall, upon the receipt of a request
for reexamination pursuant to paragraph (1) of Article 87, make
an adjudication within 50 days. In such cases, Article 89 (2)
shall apply mutatis mutandis with respect to the extension of a
period of adjudication.
(8) The appeal committee shall have a secretariat office.
(9) Matters necessary for the organization, operation, etc., of the
appeal committee shall be prescribed by the Presidential Decree.
Article 100 (Other Party to Reexamination)
The other party to a request for reexamination shall be the
head of the Employment Security Office which has made the
original decision, etc.
Article 101 (Trial)
(1) The appeal committee shall, upon the receipt of a request
for reexamination, set a trial date and place for the request and
shall notify them to the parties and to the examiner who has
tried the case 3 days in advance of the trial date.
(2) Either party may state its opinion in writing or orally
before the appeal committee.
(3) The trial for a request for reexamination shall be made
public: Provided that it may be made non-public upon the
request of either or both of the parties.
(4) The appeal committee shall draw up a protocol of trial.
(5) Either party or person concerned may make an application
for inspection of the protocol of trial mentioned in paragraph (4).
(6) The committee shall not, upon the application for
inspection referred to in paragraph (5) by the party or person
concerned, refuse it without any justifiable causes.
(7) Articles 94 and 95 shall apply mutatis mutandis with
respect to a trial for a request for reexamination. In such cases,
“examiner”, “request for examination” and “claimant for
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examination” shall be read as “appeal committee”, “request for

reexamination” and “claimant for reexamination”, respectively.
Article 102 (Provisions Applicable Mutatis Mutandis)
The provisions of Article 89 (4) and (5), Articles 91 through
93 and Articles 96 through 98 shall apply mutatis mutandis
with respect to the appeal committee and reexamination. In
such cases, “examiner” in paragraph (4) of Article 89, “decision”
in paragraph (4) of Article 89, Article 97 and Article 98, and
“request for examination” in Articles 91, 93 and 96 shall be
read as “member of the appeal committee”, “adjudication” and
“request for reexamination”, respectively, and “examiner” in
Articles 93, 96 and 97 and “claimant for examination” in
Articles 93, 97 and 98 shall be read as “appeal committee” and
“claimant for reexamination”, respectively.
Article 103 (Notification)
If the head of an Employment Security Office makes an
original decision, etc., or an examiner sends an original copy of
a decision pursuant to paragraph (2) of Article 97, he/she shall
inform the other party or claimant for examination whether a
request for examination or reexamination can be made on the
original decision, etc., or the decision, and of the procedures to go
through in the case of such a request, and the period of request.
Article 104 (Relation to Other Acts)
(1) An adjudication on a request for reexamination shall, in
applying Article 18 of the Administrative Litigation Act, be
deemed a ruling on administrative appeals.
(2) Matters which are not provided in this Act with respect
to examination and reexamination shall be governed by the
Administrative Appeals Act.
CHAPTER Ⅷ
Article 105 (Prohibition of Disadvantageous Treatment)

An employer shall not dismiss or cause other disadvantages
to a worker for reason of a request for confirmation as provided
by Article 17.


Articles 27 through 30, 32, 39, 41 and 42 of the Insurance
Premium Collection Act shall apply mutatis mutandis to the collection
of charges specified in any of the following subparagraphs
under this Act: <Amended by Act No. 10895, Jul. 21, 2011>
1. Returned subsidies for employment security and vocational
skills development projects or additional charges;
2. Returned unemployment benefits or additional charges; and
3. Returned child-care leave benefits, etc., or additional charges
Article 107 (Extinctive Prescription)
(1) If the rights to receive subsidies, unemployment benefits,
child-care leave benefits, or maternity leave benefits, etc. as
prescribed in Chapters III through V or the rights to get a refund
thereof are not exercised for three years, they shall become
extinctive by prescription: Provided that the right of an employer
to receive subsidies as prescribed in Chapter III, which occurs
during a period of exemption from paying insurance premiums
pursuant to Article 22-3 of the Insurance Premium Collection
Act, shall be considered to become extinctive on the first day of
the insurance year immediately preceding the insurance year to
which the date of joining insurance belongs. <Amended by Act
No. 11274, Feb. 1, 2012>
(2) Article 80 of the Industrial Accident Compensation
Insurance Act shall apply mutatis mutandis to the interruption
of extinctive prescription.
Article 108 (Reports, etc.)
necessary, request an employer who employs or employed an
insured person or eligible recipient, an insurance work service
agency (hereinafter referred to as “insurance work service agency”)
under Article 33 of the Insurance Premium Collection Act, and
a person who was an insurance work service agency to make a
report or submit related documents or request the presence of
related persons, necessary for the enforcement of this Act, such
as the confirmation of insured status, investigation of fraudulent
receipts, etc. <Amended by Act No. 10339, Jun. 4, 2010>
(2) In order to receive unemployment benefits, those who
are separated from employment may request the insurance work
service agency handling the insurance work entrusted to it by
their previous or present employer to issue necessary certificates.
In such cases, the employer or the insurance work service agency
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1. EMPLOYMENT LAWS
shall issue such certificates as requested.

(3) The Minister of Employment and Labor may request an
insured person, an eligible recipient or a person who claims the
payment of unpaid unemployment benefits to make a report,
submit related documents or to appear in person if necessary
for the enforcement of this Act, including confirmation of insured
status and investigation of fraudulent receipts. <Amended by Act
No. 10339, Jun. 4, 2010>
Article 109 (Investigation, etc.)
necessary for the enforcement of this Act, including confirmation
of insured status and investigation of fraudulent receipts, etc.,
have his officials question relevant persons or investigate documents
such as account books, etc. at the workplace of an employer
who employs or employed an insured person or eligible recipient,
or the office of an insurance work service agency and a person
who was an insurance work service agency. <Amended by Act
No. 10339, Jun. 4, 2010>
(2) The Minister of Employment and Labor shall, when
conducting an investigation pursuant to paragraph (1), inform
the employer, etc., of necessary matters for the investigation,
such as the date and contents of investigation, etc., in advance:
Provided that this shall not apply if the case is urgent or it is
deemed that advance notification may prevent the achievement
of the goals. <Amended by Act No. 10339, Jun. 4, 2010>
(3) An official who conducts the investigation under paragraph
(1) shall carry with him an identification card showing his
status, and show it to related persons.
(4) The Minister of Employment and Labor shall inform the
employer, etc., of the results of the investigation under paragraph
(1) in writing. <Amended by Act No. 10339, Jun. 4, 2010>
Article 110 (Requests for Materials)
(1) The Minister of Employment and Labor may, if necessary,
request related central administrative agencies, local governments
and other public bodies, etc., to submit materials for the
effective operation of employment insurance undertaking.
(2) The person who is requested to submit such materials as
provided by paragraph (1) shall comply with such a request
unless there is a justifiable reason.

Article 111 (Order to Receive Diagnosis)

The head of an Employment Security Office may, if deemed
necessary for the payment of unemployment benefits, order a
person who falls under Article 44 (3) 1 and obtained or intends
to obtain an unemployment recognition pursuant to paragraph
(2) of the same Article or a person who received or intends to
receive injury and disease benefits pursuant to Article 63 to
take a medical examination at a medical institution designated
10339, Jun. 4, 2010>
Article 112 (Payment of Reward Money)
(1) The Minister of Employment and Labor may pay reward
money to a person who reports fraudulent acts in connection
with support for and entrustment of employment security and
vocational skills development projects, payment of unemployment
benefits, child-care leave benefits or maternity leave benefits,
etc., within the limits of budgets. <Amended by Act No. 10339,
Jun. 4, 2010 and Act No. 11274, Feb. 1, 2012>
(2) Necessary matters concerning the report of fraudulent
acts and payment of reward money under paragraph (1) shall
be prescribed in the Ordinance of the Ministry of Employment
Article 113 Deleted. <Act No. 10895, Jul. 21, 2011>
Article 113-2 (Special Cases for Recipients under National Basic
Living Security Act)
(1) Notwithstanding Article 8, a project to provide
employment opportunities for self-reliance under Article 15 (1) 4
of the National Basic Living Security Act shall be deemed a
project subject to this Act. In such cases, a recipient under
subparagraph 2 of Article 2 of the National Basic Living Security
Act who participates in such a project and is paid for his/her
work thereunder shall be deemed a worker subject to this Act
and an assistance agency under subparagraph 4 of Article 2 of
the same Act (referring to the entrusted institution in cases
where the work of conducting a project is entrusted to it in
accordance with the Article 15 (2) of the same Act) shall be
deemed an employer subject to this Act.
(2) If a recipient referred to in the latter part of paragraph
(1) is a person eligible for assistance under Article 5 (1) of the
National Basic Living Security Act, only the provisions of
Chapter III shall apply to that recipient.
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1. EMPLOYMENT LAWS
(3) Notwithstanding Article 18, if a recipient to whom only

the provisions of Chapter III shall apply pursuant to paragraph
(2) is employed by a different business with which he/she has
established insurance relationships, the recipient shall acquire
insured status only as a worker of that business.
(4) Self-reliance benefits received by a recipient for participating
in a project pursuant to paragraph (1) shall be deemed remuneration
based on which the unit period of insurance shall be calculated
under Article 41 and wages based on which the amount of
daily wage shall be calculated under Article 45.
Article 114 (Implementation of Pilot Activities)
(1) The Minister of Employment and Labor may, if difficulties
are expected in across-the-board implementation or it is needed
to test implementation methods in advance in order to ensure
the effective implementation of insurance programs, implement
the insurance programs prescribed by the Presidential Decree on
a pilot basis. <Amended by Act No. 10339, Jun. 4, 2010>
(2) The Minister of Employment and Labor may provide financial,
administrative, technical and other supports to employers, insured
persons, etc., and vocational skills development training facilities
that participate in the activities implemented on a pilot basis
pursuant to paragraph (1). <Amended by Act No. 10339, Jun. 4, 2010>
(3) Necessary matters concerning for whom, where and how
pilot activities are implemented pursuant to paragraph (1) and
details of support under paragraph (2) shall be determined and
announced by the Minister of Employment and Labor.
Article 115 (Delegation or Entrustment of Authority)
The Minister of Employment and Labor may delegate a part
of his/her authority as prescribed by this Act to the head of an
Employment Security Office or entrust it to the persons prescribed
by the Presidential Decree. <Amended by Act No. 10339, Jun. 4, 2010>
Article 115-2 (Legal Fiction as Public Officials in Application of
Penal Provisions)
If work is carried out by proxy or entrusted pursuant to
Articles 36 and 115, the person engaged in such work shall be
considered as a public official in applying the penal provisions
of Articles 129 through 132.

CHAPTER Ⅸ
Penal Provisions

(1) An employer who dismisses or gives other disadvantageous
treatments to an worker in violation of Article 105 shall be
punished by imprisonment of up to three years or by a fine
not exceeding 10 million won.
(2) Those who receive unemployment benefits, child-care
leave benefits and maternity leave benefits, etc., in false or
other fraudulent ways shall be punished by imprisonment of up
to one year or by a fine not exceeding three million won.
If a representative of a juristic person or, an agent, a servant
or any other employee of a juristic person or an individual
commits the offense prescribed in Article 116 in relation to the
business of the juristic person or individual, the fine prescribed
in the same Article shall be imposed on the juristic person or
individual, in addition to the punishment of the offender:
Provided that this shall not apply unless the juristic person or
individual neglects to give considerable attention and supervision
to the business concerned in order to prevent such offence.
<This Article Amended by Act No. 9315, Dec. 31, 2008>
(1) An employer or a representative, an agent, a user or any
other employee of an insurance work service agency who fall
under any of the following subparagraphs shall be imposed
with a fine for negligence not exceeding three million
won:<Amended by Act No. 9315, Dec. 31, 2008>
1. A person who fails to make a report, or makes a false
report in contravention of Article 15;
2. A person who fails to submit a confirmation document
on separation or submits a false document in contravention
of Article 16 (1);
3. A person who fails to issue a confirmation document on
separation in contravention of the latter part of Article 16 (2):
report, who fails to submit a document or submits a false
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1. EMPLOYMENT LAWS
document, or who fails to be present, rejecting the request

made pursuant to paragraph (1) of Article 108;
5. A person who refuses to issue a certificate under paragraph
(2) of Article 108;
6. A person who fails to reply to questions asked under
subparagraph (1) of 109 or makes a false statement, or a
person who refuses, obstructs or evades an investigation.
(2) If an insured person, an eligible recipient, or a person
who requests the payment of unpaid unemployment benefits
falls under any of the following subparagraphs, he/she shall be
imposed with a fine for negligence not exceeding one million
won: <Amended by Act No. 9315, Dec. 31, 2008>
1. A person who fails to make a report or makes a false report,
a person who fails to submit a document or submits a false
document or a person who fails to present him/herself as
requested under paragraph (3) of Article 108;
2. A person who fails to reply to questions asked under
paragraph (1) of Article 109 or makes a false statement, or
a person who refuses, obstructs or evades an investigation.
(3) A person who fails to reply to, or makes a false statement
about, questions asked by an examiner or the appeal committee
that carries out an examination or a reexamination after receiving
a request for examination or reexamination under Article 87 or
a person who refuses, obstructs or evades an investigation shall
be imposed with a fine for negligence not exceeding one
million won. <Amended by Act No. 9315, Dec. 31, 2008>
(4) A fine for negligence imposed pursuant to paragraphs
(1) through (3) shall be imposed and collected by the Minister
of Employment and Labor as prescribed by the Presidential
(5) Deleted. <Act No. 9315, Dec. 31, 2008>
Addenda <Act No. 8429, May 11, 2007>

This Act shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures Concerning Collection of Additional

Charges for Fraudulent Acts by Vocational Skills
Development Training Providers)

If a person who provides vocational skills development

training receives, or intends to receive, support for vocational
skills development training in false or other fraudulent ways
before enforcement of this Act, the previous provisions shall
apply notwithstanding the revised provisions of the proviso of
Article 35 (2).
Article 3 (Effective Period)

The revised provisions of the proviso of Article 107 (1) shall
remain effective until December 31, 2009.
Article 4 (General Transitional Measures Concerning Action, etc.)

Actions taken by or against administrative authorities pursuant
to the previous provisions at the time of the enforcement of this
Act shall be seen as actions taken by or against administrative
authorities pursuant to the corresponding provisions of this Act.
Article 5 (Transitional Measures Concerning Penal Provisions or

Fines for Negligence)
In applying penalties or fines for negligence in acts committed
before the enforcement of this Act, the previous provisions shall
apply.

(1) Parts of the Act on the Employment Improvement, etc.
of Construction Workers shall be revised as follows: "Article 13
of the Employment Insurance Act" in Article 5 (3) shall be
changed to "Article 15 of the Employment Insurance Act."
(2) Parts of the Act on the Collection, etc. of Premiums for
Employment Insurance and Industrial Accident Compensation
Insurance shall be revised as follows:
“Proviso of Article 7 of the Employment Insurance Act” and
“Article 8 of the Employment Insurance Act” in Article 5 (2)
shall be changed to “proviso of Article 8 of the Employment
Insurance Act” and “Article 10 of the Employment Insurance
Act” respectively. “Proviso of Article 7 of the Employment
Insurance Act” in Article 6 (1) and “Article 8 of the Employment
Insurance Act” in paragraph (3) of the same Act shall be changed
to “proviso of Article 8 of the Employment Insurance Act” and
“Article 10 of the Employment Insurance Act” respectively.
“Proviso of Article 7 of the Employment Insurance Act” in
subparagraph 1 of Article 7 shall be changed to “proviso of
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1. EMPLOYMENT LAWS
Article 8 of the Employment Insurance Act”.

“Article 8 of the Employment Insurance Act” in the main
text of Article 17 (1) shall be changed to “Article 10 of the
Employment Insurance Act.”
“Article 83-2 of the Employment Insurance Act" in Article
49-2 (1) shall be changed to "Article 113 of the Employment
Insurance Act."
(3) Parts of the National Pension Act shall be revised as
follows: “Article 31 of the Employment Insurance Act” in Article
93-2 shall be changed to ”Article 40 of the Employment Insurance
Act.“
(4) Parts of the Employee Skills Development Act shall be
revised as follows:
“Article 15 (2)” in Article 20 (1) 3 shall be changed to “Article
19 (2).”
(5) Parts of the Special Act on the Establishment of Jeju
Special Self-Governing Province and the Development of Free
International City shall be revised as follows:
“Articles 13 (including authority related to receipt of materials
submitted by an original contractor), 13-2, 14, 16 through 18,
18-2 (including authority related to employment security support
for construction workers), 22, 24, 26-3, 33-2 (1) and (2), 34 (1),
(3), (4) 3 and (5), 37, 42 (1) and (2), 42-2 (1), 43 (2) and (3), 44
(2), 45 (2), 46 (1) through (3), 48 (1) and (3), 49 (3), 51 (1), 52
(1), 53 (1), 55-2, 55-4, 55-5, 55-5, 55-7, 55-9, 75-6 (3), 75-10 (2),
75-11, 76-5, 80 (limited to cases where it is needed to handle
business affairs concerning transferred authority) 82 and 86
(limited to imposition and collection of fines for negligence in
relation to transferred authority) of the Employment Insurance
Act" in Article 147 (4) 1 shall be changed to Articles 15
(including authority related to receipt of materials submitted by
an original contractor), 16, 17, 21 through 23, 24 (including
authority related to employment security support for construction
workers), 27, 29, 33, 43 (1) and (2), 44 (1), (2), (3) 3 and (4), 47,
51 (1) and (2), 52 (1), 56 (2), 57 (2), 58, 60 (1) through (3), 62
(1) through (3), 63 (3), 65 (1), 66 (1), 67 (1), 70, 72, 73, 75, 77, 93
(3), 97 (2), 98, 103, 108 (limited to cases where it is needed to
handle business affairs concerning transferred authority), 111 and
117 (limited to imposition and collection of fines for negligence in
relation to transferred authority) of the Employment Insurance Act.”
(6) Parts of the Special Act on Support for Areas, etc.
Adjacent to Districts Granted to the United States Armed Forces

in Korea shall be revised as follows:

“Article 15 of the Employment Insurance Act” in Article 23
(1) shall be changed to “Article 19 of the Employment Insurance
Act.”
(7) Parts of the Special Act on the Promotion of Business
Conversion in Small and Medium Enterprises shall be revised
as follows:
“Article 16 of the Employment Insurance Act” and “Article
24 of same Act” in Article 25 (2) 2 shall be changed to “Article
21 of the Employment Insurance Act” and “Article 29 of same
Act”, respectively.
(8) Parts of the Special Act on Support for Human Resources
of Small and Medium Enterprises shall be revised as follows:
“Article 15 of the Employment Insurance Act” in Article 21
(1) shall be changed to “Article 19 of the Employment Insurance
Act.”
Article 7 (Relationship to Other Laws)

If the previous Employment Insurance Act or its provisions
are cited in other Acts and subordinate statutes at the time of
the enforcement of this Act and there are corresponding provisions
in this Act, this Act or its corresponding provisions shall be
considered to be cited in lieu of the previous provisions.
Addenda <Act No. 9315, Dec. 31, 2008>

Provided that the amended provision of Article 29 (3) shall
enter into force at the expiration of three months after its
promulgation, and the amended provisions of Article 7, Article
11-2, Article 81 and Article 84 shall enter into force on July 1,
2009.
Article 2 (Applicability concerning Recognition of Entitlement)
The amended provisions of Articles 41 and 43 shall apply to
decisions on whether to recognize benefit entitlement after this
Act enters into force.
Article 3 (Applicability concerning Right to Maternity Leave Benefits
by Subrogation)
The amended provision of Article 75-2 shall apply to the
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1. EMPLOYMENT LAWS
granting of maternity leave, etc., after this Act enters into force.
Article 4 (Transitional Measures concerning Restrictions, etc., on

Support Due to Fraudulent Acts)
Notwithstanding the amended provisions of Article 35,
restrictions, etc., on support for a person who has received or
intends to receive such support in a false or other fraudulent
ways shall be governed by the previous provisions.
Addenda <Act No. 9792, Oct. 9, 2009; Revision of the Framework

Act on Employment Policy>

This Act shall enter into force on January 1, 2010.
(3) Parts of the Framework Act on Employment Policy shall
“Article 26 under the Basic Employment Policy Act” in
Article 21 (3) shall be changed to “Article 32 under the
Framework Act on Employment Policy”.
Article 3 Omitted.
Addendum <Act No. 9990, Jan. 27, 2010>

Addenda <Act No. 9999, Feb. 4, 2010; Revision of the Act on the
Repair, etc., of Cultural Properties>

This Act shall enter into force one year after its promulgation.
<Proviso omitted>
(1) Omitted.
(2) Parts of the Employment Insurance Act shall be revised
as follows:
“Article 27 of the Act on the Protection of Cultural

Properties” in Article 15 (2) 6 shall be changed to “Article 14 of

the Act on the Repair, etc., of Cultural Properties”.
Article 9 Omitted.
Addenda <Act No. 10337, May 31, 2010; Revision of the Workers
Vocational Skills Development Act>

This Act shall enter into force three months after its
(1) Omitted.
as follows:
“Articles 16 (4) and (5) and 25 (3) and (4) of the Workers
Vocational Skills Development Act” in Article 35 (3) shall be
changed to “Article 55 (1) and (2) and Article 56 (1) and (3) of
the Workers Vocational Skills Development Act”.
Article 8 Omitted.
Addenda <Act No. 10338, May 31, 2010; Revision of the Act on the
Encouragement of Technical Skills>

This Act shall enter into force on January 1st, 2011.
as follows:
Article 31 (1) 2 shall be changed as follows:
2. Activities of administering qualification tests and encouraging
technical skills under the Act on the Encouragement of
Technical Skills
Article 6 Omitted.
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1. EMPLOYMENT LAWS
Addenda <Act No. 10339, Jun. 4, 2010; Revision of the Government

Organization Act>
This Act shall enter into force one month after its promulgation.
<Proviso omitted>
as follows:
“Minister of Labor” in proviso of subparagraph 5 of Article
2, Article 3, Article 7 (4), Article 11 (1) and (2), Article 11-2 (1)
through (3), Article 12, Article 15 (1), (2), (4) and (6), Article 16
(1), Article 17 (1) through (3), Article 19 (1) and (2), Article 20,
Article 21 (1) through (3), Article 22, Article 23, Article 24 (1)
and (2), Article 25 (1), Article 26, Article 27, Article 28, Article
29 (1) through (3), Article 30, Article 31 (1) and (2), Article 32
(1) and (2), Article 33 (1) and (2), Article 34, Article 35 (1), (2)
and (4), Article 36, Article 53 (1) and (2), Article 60 (1) 3,
Article 60 (2) through (4), proviso of Article 63 (3), Article 65
(3), Article 70 (1), Article 75, Article 78 (1), Article 79 (1) and (3),
Article 109 (1), (2) and (4), Article 110 (1), Article 111, Article
112 (1), Article 114 (1) through (3), Article 115 and Article 118
(4) shall be changed to “Minister of Employment and Labor”.
“Ministry of Labor” in Article 7 (1) and Article 99 (1) shall
be changed to “Ministry of Employment and Labor”.
“Vice Minister of Labor” in Article 7 (4) shall be changed to
“Vice Minister of Employment and Labor”.
“Ordinance of the Ministry of Labor” in Article 15 (2),
Article 15 (4) through (6), Article 18, Article 35 (2), proviso of
Article 44 (2), Article 51 (3), proviso of Article 53 (1), Article 55
(5), subparagraph 1 B and 2 C of Article 58, Article 62 (1),
Article 66 (2), Article 67 (2), Article 70 (3), Article 71, Article 76
(3) and Article 112 (2) shall be changed to “Ordinance of the
Ministry of Employment and Labor”.
Article 5 Omitted.
Addenda <Act No. 10895, Jul. 21, 2011>


This Act shall enter into force six months after its promulgation:
Provided that the amended provisions of subparagraph 5 of
Article 2 shall enter into force on the date of its promulgation,
and the amended provisions of Article 26-2, Article 50 (5),
Article 70, Article 73-2, Article 74 and Article 113-2 shall enter
into force two months after its promulgation.
Article 2 (Applicability Concerning Restrictions on Payment of
Subsidies)
Among the amended provisions of Article 26-2, matters
concerning the payment of employment retention subsidies shall
apply to cases where a plan for employment retention measures
is reported after this Act enters into force, and matters
concerning the payment of other subsidies shall apply to cases
where the relevant workplace employs any worker after this Act
enters into force.
Article 3 (Applicability Concerning Prescribed Number of Benefit
Days)
The amended provisions of Article 50 (5) shall apply to persons
whose acquisition of insured status is confirmed under Article
17 after this Act enters into force.
Article 4 (Transitional Measures Concerning Child-Care Leave Benefits)
In paying child-care leave benefits to a worker who has
obtained permission to work shorter hours during the child-rearing
period and is in the middle of that period at the time of the
enforcement of this Act, pursuant to Article 70 (1), the amended
provisions of Article 70 (1) 2 shall apply to the period during
which working hours are reduced after this Act enters into
force.
Article 5 (Transitional Measures Concerning Benefits for Working
Hour Reduction During Child-Rearing Period)
With regard to a worker who has obtained permission to
work shorter hours during the child-rearing period and is in
the middle of that period at the time of the enforcement of this
Act, the amended provisions of Article 73-2 shall apply to the
period during which working hours are reduced after this Act
enters into force.
Addenda <Act No. 11274, Feb. 1, 2012; Revision of the Act on Equal
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1. EMPLOYMENT LAWS
Employment and Support for Work-Family Reconciliation>

This Act shall enter into force six month after its promulgation.
<Proviso omitted>
Article 2 Omitted.
as follows:
“Maternity leave” in Article 4 (1), the proviso to Article 6
(2), the title of Article 75, parts other than each subparagraph
of Article 75, the proviso to subparagraph 2 of Article 75, the
title of Article 75-2, parts other than the title of Article 75-2, the
main sentence of Article 76 (1), Article 76 (2) and (3), the
former and latter parts of Article 77, Article 80 (1) 3, Article 87
(1), the main sentence of Article 107 (1), Article 112 (1) and
Article 116 (2) shall be changed to "maternity leave".
"Maternity leave" in parts other than each subparagraph of
Article 70 (1) shall be changed to "maternity leave".
"Maternity leave" in parts other than each subparagraph of
Article 73-2 (1) shall be changed to "maternity leave".
"Maternity leave benefits, etc." in the title of SECTION 2 of
CHAPTER V shall be changed to "maternity leave benefits, etc."
(2) Omitted.
Addenda <Act No. 11530, Dec. 11, 2012; Revision of the State Public
Officials Act>

<Proviso omitted>
(1) Omitted.
as follows:
“Public officials in special services and contract-based public
officials” in the proviso to subparagraph 3 of Article 10 shall be
changed to "public officials in special services and fixed-term
public officials under Article 26-5 of the State Public Officials

Act and Article 25-5 of the Local Public Officials Act".

Article 7 Omitted.
Addenda <Act No. 11628, Jan. 23, 2013>

promulgation.
Article 2 (Transitional Measures concerning Support for Employment
Adjustment)
may also apply to cases where employment security measures,
such as a temporary shutdown or layoff, are undertaken at the
time this Act enters into force.
Addendum <Act No. 11662, Mar. 22, 2013>
Addenda <Act No. 11864, Jun. 4, 2013>

Article 2 (Transitional Measures concerning Exclusion from Application
of Unemployment Benefits)
The amended provisions of Article 10 shall apply even to
workers who left their jobs or self-employed people who shut
down their business before this Act enters into force.

This Act shall enter into force on July 1, 2014.
Article 2 (Transitional Measures concerning Payment of Maternity
Leave Benefits)
The amended provisions of Articles 75 and 76 shall apply to
workers who give birth after this Act enters into force.
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1. EMPLOYMENT LAWS
[Table 1] <Amended by Act No. 10895, Jul. 21, 2011>
Prescribed Number of Job-Seeking Benefit Days

(Relating to Article 50 (1))
(Unit: days)
Insured Period
year＜1 1≤year＜3 3≤year＜5 5≤year＜10 year≥10
Age＜30 90 90 120 150 180

Age at
the time 30≤age＜50 90 120 150 180 210
of
separation
Age≥50 and
90 150 180 210 240
the disabled
Note：The disabled refer to the individuals prescribed in the Act on Employment

Promotion and Vocational Rehabilitation for the Disabled.
[Table 2] <Newly Inserted by Act No. 10895, Jul. 21, 2011>
Prescribed Number of
Job-Seeking Benefit Days for Self-Employed Persons
(Relating to Article 69-6)
(Unit: days)
Insured Period
1≤year＜3 3≤year＜5 5≤year＜10 year≥10
Prescribed
90 120 150 180
Number of Benefit Days

ENFORCEMENT DECREE OF THE EMPLOYMENT INSURANCE ACT
ENFORCEMENT DECREE OF THE EMPLOYMENT

INSURANCE ACT
Amended by Presidential Decree No. 14628, Apr. 15, 1995

Presidential Decree No. 15902, Oct. 1, 1998
Wholly amended by Presidential Decree No. 20330, Oct. 17, 2007
Presidential Decree No. 22356, Aug. 25, 2010
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1. EMPLOYMENT LAWS

CHAPTER Ⅰ
General Provisions
Article 1 (Purpose)
The purpose of this Decree is to stipulate matters delegated
by the Employment Insurance Act and particulars necessary for
its enforcement.
Article 1-2 (Money and Valuables Excluded from Remuneration)
"Money and valuables prescribed by the Presidential Decree"
in subparagraph 5 of Article 2 of the Employment Insurance
Act (hereinafter referred to as "the Act") refers to non-taxable
earned income under subparagraph 3 of Article 12 of the Income
Tax Act.
Dec. 31, 2010>
Article 1-3 (Employment Insurance Committee)
(1) Those representing workers and employers referred to in
Article 7 (4) 1 and 2 of the Act shall be commissioned by the
Minister of Employment and Labor from among those recommended
by each of nationwide organizations of workers and employers.
<Amended by Presidential Decree No. 22269, Jul. 12, 2010 and
Presidential Decree No. 22603, Dec. 31, 2010>
(2) Those representing the public interest referred to in
Article 7 (4) 3 of the Act shall be commissioned by the Minister
of Employment and Labor from among people with significant

knowledge and experience in employment insurance and overall

employment and labor. <Amended by Presidential Decree No.
22269, Jul. 12, 2010>
(3) Those representing the government referred to in Article
7 (4) 4 of the Act shall be appointed by the Minister of
Employment and Labor from among public officials belonging
to the group of senior civil servants of a central administrative
agency relating to employment insurance. <Amended by Presidential
Decree No. 22269, Jul. 12, 2010>
Mar. 12, 2009>
Article 1-4 (Term of Office)
The term of office of a member commissioned under Article
7 (4) 1 through 3 of the Act shall be two years: Provided that
the term of office of a substitute member who fills the vacancy
of a member shall be the remaining term of office of the member
he/she replaces.
Mar. 12, 2009>
Article 1-5 (Duties of Chairperson)
(1) The chairperson of the Employment Insurance Committee
(hereinafter referred to as “the Committee”) under Article 7 shall
represent the Committee and generally manage the affairs of the
Committee.
(2) If the chairperson is unable to perform his/her duties
for inevitable reasons, a member designated by the chairperson
in advance shall act on his/her behalf.
Mar. 12, 2009>
Article 1-6 (Meeting)
(1) The chairperson shall convene and chair meetings of the
Committee.
(2) A meeting of the Committee shall be held with attendance
of a majority of all members and a decision shall be taken with
approval of a majority of the members present.
Mar. 12, 2009>
Article 1-7 (Expert Committee)
(1) The Committee shall have the expert committee on employment
insurance operation and the expert committee on employment
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1. EMPLOYMENT LAWS
insurance assessment pursuant to Article 7 (5) of the Act.

(2) Each expert committee shall be composed of less than 15
members including a chairperson.
(3) The chairperson of the Committee shall appoint or commission
the chairperson of each expert committee from among the
members of the Committee, and appoint or commission the
members of each expert committee from among people falling
1. People with academic knowledge and experience in social
insurance, including employment insurance, and recommended
by nationwide organizations of workers and employers;
2. People with plenty of academic knowledge and experience
in social insurance, including employment insurance; and
3. public officials of Grade Ⅲ or Ⅳ from a central administrative
agency relating to employment insurance
(4) The chairperson of each expert committee shall report to
the Committee the results of examination and coordination in
regard to the matters deliberated on by the expert committee
pursuant to Article 7 (5) of the Act.
(5) The provisions of Articles 1-4 through 1-6 shall apply
mutatis mutanids to each expert committee.<Amended by Presidential
Decree No. 22603, Dec. 31, 2010>
Mar. 12, 2009>
Article 1-8 (Survey or Research Members)
(1) In order to investigate and study technical matters
concerning employment insurance, the Committee may have less
than five survey or research members.
(2) The survey or research members shall be commissioned
by the chairperson of the Committee from among those with
plenty of knowledge and experience in employment insurance.
Mar. 12, 2009>
Article 1-9 (Request for Cooperation)
The Committee or expert committees (hereinafter referred to
as “Committee, etc.”), if it is deemed necessary for deliberating
on their agenda items, may ask a related administrative agency
or organization to submit materials, or a related person, such as
public officials, experts, etc., to show up and give his/her opinions.
Mar. 12, 2009>

Article 1-10 (Secretary)

The Committee, etc., shall each have one secretary appointed
by the chairperson from among public officials of the Ministry
of Employment and Labor.<Amended by Presidential Decree No.
22269, Jul. 12, 2010>
Mar. 12, 2009>
Article 1-11 (Allowances for Members)
A member who attends a meeting of the Committee, etc., or
submits his/her opinions after reviewing the meeting agenda
may be paid allowances and travel expenses within the limits
of available budgets: Provided that if the member is a public
official directly related to the work he/she is responsible for,
such allowances and travel expenses shall not be paid.
Mar. 12, 2009>
Article 1-12 (Detailed Rules for Operation)
Matters necessary for the operation of the Committee, etc.,
except those provided by this Decree, shall be determined by
the chairperson of the Committee after decision by the Committee.
Mar. 12, 2009>
(1) "Business provided for in the Presidential Decree” in the
proviso of Article 8 of the Act means a business which falls under
any of the following subparagraphs : <Amended by Presidential
Decree No. 21015, Sept. 18, 2008 and Presidential Decree No. 21348,
Mar. 12, 2009>
1. Business in the fields of agriculture, forestry, fishery or
hunting, for which four workers or less are employed by
a person who is not a corporation;
2. Construction work falling under any of the following items:
Provided that the construction work undertaken by a
person falling under any subparagraph of Article 15 (2)
of the Act shall be excluded:
A. Construction work whose total construction amount
(hereinafter referred to as “total construction amount”
in this Article) under Article 2 (1) 2 of the Enforcement
Decree of the Act on the Collection, etc., of Premiums
for Employment Insurance and Industrial Accident
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1. EMPLOYMENT LAWS
Compensation Insurance is less than 20 million won; and

B. Construction work which is undertaken to construct a
building with a total floor area of 100 square meters
or less or to repair on a large scale a building with a
total floor area of 200 square meters or less.
3. Housekeeping service
(2) The scope of business falling under any subparagraph of
paragraph (1) is based on the standard classification of industries
(hereinafter referred to as “the Korean Standard Industrial
Classification”) which is announced by the Administrator of the
National Statistical Office pursuant to Article 22 of the Statistics
Act, except as otherwise prescribed by the Act and this Decree.
(3) If construction work whose total construction amount is
less than 20 million won turns out to be the one whose total
construction amount exceeds 20 million won due to a change of
the design (including the case where the design is actually
changed), or becomes subject to blanket application under Article
8 (1) and (2) of the Act on the Collection, etc. of Premiums for
Insurance (hereinafter referred to as “the Insurance Premium
Collection Act”), all the provisions of the Act shall apply from
the time thereof.
Article 3 (Workers Excluded from Application)
(1) "Those whose contractual working hours are less than
the ones prescribed by the Presidential Decree” in subparagraph
2 of Article 10 of the Act refers to those (including those whose
contractual working hours per week is less than 15 hours)
whose contractual working hours per month is less than 60
hours: Provided that any person who, among those working for
the purpose of making their living, has worked continuously for
three months or more and any daily worker under subparagraph
6 of Article 2 of the Act shall be excluded.
(2) "Persons prescribed by the Presidential Decree” under
subparagraph 5 of Article 10 of the Act refers to those described
in the following subparagraphs: <Amended by Presidential Decree
No. 22269, Jul. 12, 2010 and Presidential Decree No. 23274, Nov. 1, 2011>
1. Foreign workers: Provided that a person who falls under
any of the following items shall be excluded:
A. A person who holds a status of residency(D-7), corporate
investment(D-8) and trade management(D-9) from among
the statuses of sojourn for foreigners under Article 12
of the Enforcement Decree of the Immigration Control

Act (excluding the case where the laws of the home

country of the foreigner concerned, which govern
insurance premiums and benefits corresponding to
those of the employment insurance under this Act, do
not apply to nationals of the Republic of Korea);
B. A person (limited to those who have applied to join
insurance, as prescribed by the Ordinance of the
Ministry of Employment and Labor) who holds a status
of sojourn permitting employment activities under
Article 23 (1) of the Enforcement Decree of the Immigration
Control Act;
C. A person falling under Article 23 (2) 1, 2 and 3 of the
Enforcement Decree of the Immigration Control Act;
D. A person (limited to those who have applied to join
insurance, as prescribed by the Ordinance of the Ministry
of Employment and Labor) who holds a status of
overseas ethnic Korean (F-4) from among the statuses of
sojourn for foreigners under Article 12 of the Enforcement
Decree of the Immigration Control Act; and
E. A person (limited to those who have applied to join
insurance, as prescribed by the Ordinance of the
Ministry of Employment and Labor) who holds a status
of permanent residency (F-5) from among the statuses
of sojourn for foreigners under Article 12 of the
Enforcement Decree of the Immigration Control Act;
2. Special post office staffs under the Special Post Office
Act.
Article 3-2 (Subscription to Insurance by Public Officials in Special
Services or Fixed-Term Public Officials)
(1) The head of an administrative agency (hereinafter referred
to as “assigned agency”) which appoints a public official in
special services or fixed-term public official (hereinafter referred
to as “public official eligible for coverage”) shall find out the
intention of the public official without delay under the proviso
of subparagraph 3 of Article 10 of the Act if the public official
eligible for coverage is appointed to the assigned agency for the
first time. <Amended by Presidential Decree No. 23139, Sep. 15,
2011 and Presidential Decree No. 24852, Nov. 20, 2013>
(2) For a public official eligible for coverage, who is found
to have the intention to join the insurance, the head of the
assigned agency shall apply for the insurance to the head of
the competent Employment Security Office (hereinafter referred
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1. EMPLOYMENT LAWS
to as “competent Employment Security Office”) pursuant to

paragraph (1): Provided that the public official eligible for
coverage, if he/she wants to, may directly apply to join the
insurance during the same period, and in such cases, the head
of the competent Employment Security Office shall inform the
head of the assigned agency of the fact. <Amended by Presidential
Decree No. 23139, Sep. 15, 2011>
(3) If an application is made to join the insurance pursuant
to paragraph (1) or (2), the public official eligible for coverage
shall be deemed to acquire insured status the day after the
application is made. In such cases, if the public official who has
acquired insured status is appointed to another position of a
public official in special services or fixed-term public official as
a result of a change of his/her status as public official, he/she
shall maintain insured status under employment insurance even
in the event that he/she does not make a separate application
to join the insurance. <Amended by Presidential Decree No. 24852,
Nov. 20, 2013>
(4) If a public official who has joined employment insurance
intends to withdraw from it, he/she shall apply for such
withdrawal to the head of the competent Employment Security
Office. In such cases, he/she shall be deemed to lose insured
status the day after the application for withdrawal is made.
(5) A person shall not be allowed to join employment
insurance again while continuing to serve as a public official
eligible for coverage after withdrawing from employment insurance
pursuant to paragraph (4), and shall not be recognized as entitled
to receive benefits after his/her withdrawal from employment
insurance: Provided that if a public official who has withdrawn
from the insurance acquires insured status again in accordance
with the Act and this Decree after leaving the position of a
public official eligible for coverage (including cases where he/she
is reappointed to the position of a public official who is not
eligible for coverage), in calculating the unit period of insurance
referred to in Article 40 (1) 1 of the Act, during the period
over which he/she was insured while previously serving as a
public official eligible for coverage, the numbers of days used
as the basis for making remuneration payments under Article 41
(1) of the Act shall be added together, and in calculating the
insured period referred to in Article 50 of the Act, the insured
period before the withdrawal shall be included in the insured
period prescribed in the same Article. <Amended by Presidential

Decree No. 23139, Sep. 15, 2011>

(6) The insurance premium rate for public officials eligible
for coverage shall be the one for unemployment benefits under
Article 12 (1) 3 of the Enforcement Decree of the Insurance
Premium Collection Act, and borne equally by the assigned
agency and the public official covered by employment insurance.
(7) The procedures for joining and withdrawing from the
insurance under paragraphs (1) through (4) shall be prescribed
by the Ordinance of the Ministry of Employment and Labor.
Sept. 18, 2008>
<Title of This Article Amended by Presidential Decree No. 24852,
Nov. 20, 2013>
Article 4 (Agent)
(1) An employer may appoint his/her agent and have the
agent implement the matters that he/she is required to implement
pursuant to the Act and this Decree.
(2) When an employer appoints or dismisses his/her agent,
he/she shall report this to the Minister of Employment and
Labor, as prescribed by the Ordinance of the Ministry of Employment
and Labor. <Amended by Presidential Decree No. 22269, Jul. 12, 2010>
Article 5 (Administration, etc. of Employment Insurance Statistics)
(1) The Minister of Employment and Labor shall systematically
administer and operate the statistics related to employment insurance
(hereinafter referred to as “employment insurance statistics”)
that are obtained through surveys and research under Article 11
of the Act and the operation of employment insurance.
(2) The Minister of Employment and Labor may have personnel
specializing in employment insurance statistics in order to
systematically manage and operate employment insurance statistics.
(3) Necessary matters concerning the qualifications for, services
and remuneration of personnel specializing in employment insurance
statistics shall be determined by the Minister of Employment and
Labor. <Amended by Presidential Decree No. 22269, Jul. 12, 2010>
Article 6 (Execution of Projects by Proxy)
(1) The Minister of Employment and Labor, pursuant to
Article 11 (2) of the Act, may have the following institutions or
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1. EMPLOYMENT LAWS
organizations carry out, on his/her behalf, survey and research

projects to study the labor market and support work related to
employment insurance (hereinafter referred to as “insurance”):
Presidential Decree No. 24333, Jan. 25, 2013>
1. An insurance-related government-invested research institution
established pursuant to Article 8 of the Act on the
Establishment, Operation and Fosterage of Government-
Invested Research Institutions;
2. The Korea Employment Information Service established
pursuant to Article 18 of the Framework Act on Employment
Policy;
3. A school under Article 2 of the Higher Education Act
(including research institutions affiliated therewith);
4. Other private research institutions capable of carrying out
surveys and research on the labor market, occupations,
vocational skills development and insurance-related work.
(2) Where the Minister of Employment and Labor has an
institution or organization carry out a project on his/her behalf
pursuant to paragraph (1), he/she may support the expenses
required for the necessary survey, research, management and
operation, etc., with the employment insurance fund (hereinafter
referred to as “fund”). <Amended by Presidential Decree No. 22269,
Jul. 12, 2010>
Article 6-2 (Insurance Activity Assessment Institution)
(1) “An organization prescribed by the Presidential Decree”
in Article 11-2 (2) of the Act refers to an institution (hereinafter
referred to as “assessment institution”) designated by the Minister
of Employment and Labor from among the institutions in the
following subparagraphs: <Amended by Presidential Decree No.
22269, Jul. 12, 2010 and Presidential Decree No. 22603, Dec. 31, 2010>
1. Government-invested research institutions under the Act
on the Establishment, Operation and Fosterage of Government-
Invested Research Institutions
2. Public institutions designated and announced under the
provisions of Articles 4 through 6 of the Act on the
Management of Public Institutions.
3. Schools (including affiliated research institutions) that meet
the conditions set forth by subparagraphs 1 through 6 of
Article 2 of the Higher Education Act.
4. Private research institutions
(2) The Minister of Employment and Labor may support the

assessment institution with the necessary costs of performing its

work within the limits of available budgets. <Amended by
(3) The assessment institution may request an institution
performing duties by proxy or entrusted with duties under
Article 6 (1), Article 57 (1) and Article 145 (2) through (6) to
submit necessary materials for assessment.
(4) Necessary matters concerning the specific work, designation
period, etc., of the assessment institution shall be determined
and announced by the Minister of Employment and Labor.
Mar. 12, 2009>
CHAPTER Ⅱ
Management of Insured Persons
Article 7 (Report, etc. on Acquisition or Loss of Insured Status)

(1) An employer or a subcontractor shall, if he/she intends
to report the acquisition or loss of insured status involving
workers employed by the business concerned to the Minister of
Employment and Labor pursuant to Article 15 of the Act or to
submit a document (hereinafter referred to as “document confirming
separation from employment”) specifying the unit period of
insurance, reasons for separation from employment, and details
of wages, retirement pay, etc., prior to separation to the Minister
of Employment and Labor pursuant to Article 16 of the Act,
make that report or submission no later than the 15th of the
month (without delay, in cases where the worker asks the
employer or subcontractor to make that report and submission
before the date mentioned) following the date on which the
reason to do so occurs. In such cases, if the employer or subcontractor
has submitted a report confirming employment details which
contains the number of working days, wages, etc., for daily
workers employed during the month concerned to the Minister
of Employment and Labor no later than the 15th of the month
following the date on which the reason occurs, he/she shall be
considered to have reported the acquisition or loss of insured
status or submitted the document confirming separation from
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1. EMPLOYMENT LAWS
employment. <Amended by Presidential Decree No. 22269, Jul. 12, 2010>

(2) An employer who makes a report on the commencement
and discontinuation of business pursuant to Article 11 (3) of the
Insurance Premium Collection Act shall make a report on the
acquisition or loss of insured status to the Minister of Employment
and Labor before the report deadline as referred to in paragraph
(1). <Amended by Presidential Decree No. 22269, Jul. 12, 2010>
(3) The Minister of Employment and Labor who receives a
document confirming separation from employment pursuant to
Article 16 (1) of the Act shall confirm the unit period of insurance,
reasons for separation, wage payment details, etc. <Amended by
(4) If when confirming the contents entered in a document
confirming separation from employment, the Minister of Employment
and Labor finds that the separated person concerned did not
receive wages for 30 days or more consecutively in the 18 months
before the date of separation due to the reasons referred to in
Article 40 (2) of the Act, he/she may demand the separated
person to submit a doctor's written diagnosis or other documents
which can prove the reason. <Amended by Presidential Decree No.
22269, Jul. 12, 2010>
Article 8 (Report by Workers on Insured Status)
In the event that a worker reports matters concerning the
acquisition or loss, etc. of insured status pursuant to Article 15
(3) of the Act, he/she shall submit a document proving employment
relationship such as his/her labor contract, etc.
Article 9 (Report on Transfer of Insured Person)
If an employer transfers an insured person from his/her one
business to another, he/she shall report this to the Minister of
Employment and Labor within 14 days from the date of
transfer. <Amended by Presidential Decree No. 22269, Jul. 12, 2010>
Article 10 (Report on Change of Name, etc., of Insured Person)
(1) An employer shall, if the name or resident registration
number of an insured person is changed or corrected, report
this to the Minister of Employment and Labor within 14 days
from the date of change or correction. <Amended by Presidential
Decree No. 22269, Jul. 12, 2010>
(2) An assistance agency or an entrusted institution under
the latter part of Article 113-2 (1) of the Act shall, if a recipient
under the latter part of the same paragraph has changed from

a recipient who is a person eligible for assistance under Article

5 (1) of the National Basic Living Security Act (hereinafter
referred to as "eligible recipient") to any other recipient or from
any other recipient to an eligible recipient, report the change to
the Minister of Employment and Labor within 14 days from the
date of change. <Newly Inserted by Presidential Decree No. 23513,
Jan. 13, 2012>
Article 11 (Request for and Notification of Confirmation)
(1) If a person who is or was an insured person intends to
have the acquisition or loss of insured status confirmed pursuant
to Article 17 (1) of the Act, he/she shall make a request for
such confirmation to the Minister of Employment and Labor.
(2) The Minister of Employment and Labor shall notify the
person requesting confirmation of the acquisition or loss of
insured status, and the employer or subcontractor who employs
or used to employ that person of the result of confirming the
acquisition or loss of his/her insured status pursuant to Article
17 (3) of the Act. <Amended by Presidential Decree No. 22269, Jul.
12, 2010>
CHAPTER Ⅲ
Employment Security and Vocational Skills
Development Projects
Article 12 (Scope of Preferentially Supported Enterprises)

(1) "Enterprises which meet the criteria set forth by the
Presidential Decree" in Article 19 (2) of the Act refers to those
(hereinafter referred to as “preferentially supported enterprises”)
whose number of ordinarily employed workers by industry
meets the criteria shown in Table 1: <Amended by Presidential
Decree No. 21348, Mar. 12, 2009 and Presidential Decree No. 24155,
Oct. 29, 2012>
(2) Notwithstanding paragraph (1), an enterprise which does
not fall under paragraph (1) but meets the criteria under Article
2 (1) and (3) of the Framework Act on Small and Medium
Enterprises shall be regarded as a preferentially supported enterprise.
<Amended by Presidential Decree No. 24155, Oct. 29, 2012>
▮▮ 143
1. EMPLOYMENT LAWS
(3) If a preferentially supported enterprise under paragraph

(1) ceases to be a preferentially supported enterprise due to an
increase in the size, etc., it shall be regarded as a preferentially
supported enterprise for five years from the year following the
year the reason occurs. <Newly Inserted by Presidential Decree No.
22603, Dec. 31, 2010 and Amended by Presidential Decree No.
24333, Jan. 25, 2013>
(3), any enterprise which is notified of its designation as an
enterprise group subject to limitations on mutual investment in
accordance with Article 14 (1) of the Monopoly Regulation and
Fair Trade Act and with total assets of five trillion won or
more shall not be regarded as a preferentially supported enterprise
starting from the insurance year following the insurance year to
which the date of notification belongs. <Amended by Presidential
Decree No. 22603, Dec. 31, 2010>
(5) The criteria for judging whether an enterprise is a
preferentially supported enterprise under paragraph (1) are as
follows: <Amended by Presidential Decree No. 21348, Mar. 12, 2009;
Presidential Decree No. 22603, Dec. 31, 2010; Presidential Decree
No.23513, Jan. 13, 2012 and Presidential Decree No. 24155, Oct. 29,
2012>
1. The number of ordinarily employed workers shall be
calculated by dividing the total number of workers in all
the businesses run by the employer as of the last day of
every month of the previous year (excluding the number
of daily workers in the case of the construction industry)
by the number of operating months of the previous year.
However in the case of businesses engaged in managing
collective housing under the Housing Act, the number of
workers ordinarily employed by each business shall be
calculated. In such cases, when the number of ordinarily
employed workers is calculated, a part-time worker whose
contractual working hours are 60 hours or more a month
shall be counted as 0.5 person and a part-time worker
whose contractual working hours are less than 60 hours a
month shall be excluded from the calculation of th e
number of ordinarily employed workers; and
2. If an employer runs a business in two or more industries,
the judgment shall be made on the basis of the industry
where the number of ordinarily employed workers is
larger and if the number of ordinarily employed workers

in each industry is the same, the criteria shall be applied

in the order of the total payroll and then sales.
(6) Notwithstanding paragraph (5), with regard to an
employer whose insurance relationship is established during an
insurance year, whether his/her business is a preferentially
supported enterprise shall be judged on the basis of the starting
date of the insurance relationship. <Amended by Presidential
Decree No. 22603, Dec. 31, 2010>
Article 13 Deleted. <Presidential Decree No. 23139, Sep. 15, 2011>
Article 14 Deleted. <Presidential Decree No. 22603, Dec. 31, 2010>
Article 17 (Support for Employment Creation>
(1) The Minister of Employment and Labor may support
part of wages for employers falling under any of the following
subparagraphs pursuant to Article 20 of the Act: Provided that
the Minister of Employment and Labor, in cases of paragraph
(1), may support part of the wages of workers whose working
hours are reduced and part of the costs of installing necessary
facilities, and in cases of paragraph (2), may support part of the
costs of installing facilities. <Amended by Presidential Decree No.
23139, Sep. 15, 2011 and Presidential Decree No. 25022, Dec. 24, 2013>
1. Where there is an increase in the number of workers as
a result of employing unemployed people by, for example,
reducing working hours, reforming a shift work system,
providing regular education and training or granting
sabbatical leave (hereinafter referred to as "job-sharing");
2. Where there is an increase in the number of workers as a
result of improving employment environments and employing
unemployed people by establishing and operating facilities
determined by the Minister of Employment and Labor;
3. Where an employer newly employs unemployed people
on a part-time basis without fixing the term of their labor
contracts by, for example, dividing work, reforming work
arrangements or developing part-time work;
4. Where an enterprise in an industry in need of employment
support, such as an industry with growth potential which
is deliberated on and determined by the Committee, an
industry experiencing a mismatch between labor supply
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1. EMPLOYMENT LAWS
and demand, a U-turn enterprise or a locally specialized

industry, employs unemployed people;
5. Where a preferentially supported enterprise in an industry
deliberated on and determined by the Committee employs
those with professional qualifications determined by the
Minister of Employment and Labor (hereinafter referred
to as "professional workforce") or uses a professional workforce
supplied by enterprises other than preferentially supported
enterprises.
(2) If support is provided pursuant to paragraph (1), the
requirements for support, the scope of eligible employers, the
level and period of support, the method of application for, and
payment of, subsidies and other matters necessary for support
shall be determined by the Minister of Employment and Labor.
Dec. 31, 2010>
Article 18 (Support Measures, etc. for Employment Adjustment)
(1) For an employer who takes measures for workers'
employment security pursuant to Article 21 (1) and (2) of the
Act, subsidies or grants shall be provided.
(2) An employer who is eligible for preferential support
under Article 21 (3) of the Act shall be an employer falling
under any of the following subparagraphs: <Amended by Presidential
Decree No. 21928, Dec. 30, 2009>
1. The employer of a business which belongs to the designated
industries in need of employment adjustment support,
etc., (hereinafter referred to as “designated industries” in
this Article) under subparagraph 1 of Article 29 (1) of the
Enforcement Decree of the Framework Act on Employment
Policy;
2. An employer who carries out manufacturing, repairing, etc.,
under a contract for business belonging to the designated
industries, awarded by the employer prescribed in subparagraph
1, and with more than half of its sales related to the
designated industries; and
3. The employer of a business which is located at a designated
site in need of support for employment adjustment (hereinafter
referred to as “designated site”) under the provisions of
Article 29 (1) 2 or 3 of the Enforcement Decree of the
Framework Act on Employment Policy.
(3) If an employer who falls under any subparagraph of
paragraph (2) takes employment retention measures or provides

outplacement services, the Minister of Employment and Labor

may, notwithstanding the provisions of Articles 19 through 22,
set the different eligibility requirements and subsidy levels after
deliberation of the Employment Policy Council (hereinafter referred
to as “Employment Policy Council”) under the Framework Act
on Employment Policy. <Amended by Presidential Decree No.
21015, Sept. 18, 2008; Presidential Decree No. 21928, Dec. 30, 2009;
and Presidential Decree No. 22269, Jul. 12, 2010>
Article 19 (Those Entitled to Employment Retention Subsidy)
(1) If an employer who inevitably needs to adjust employment
under Article 21 (1) of the Act takes any of the following
measures (hereinafter referred to as “employment retention
measures”) for insured persons (excluding daily workers, those
given a notice of dismissal in advance under Article 26 of the
Labor Standards Act and those due to retire for managerial
reasons following recommendation by their employer; the same
shall apply hereinafter in this Chapter) employed in the
business concerned and thus does not dismiss any insured person
due to employment adjustment during the implementation of
the employment retention measures and one month thereafter,
the Minister of Employment and Labor shall provide the employer
with a subsidy (hereinafter referred to as “the employment
retention subsidy”).<Amended by Presidential Decree No. 20775,
Apr. 30, 2008; Presidential Decree No. 21348, Mar. 12, 2009;
Presidential Decree No. 21510, May 28, 2009; Presidential Decree No.
22269, Jul. 12, 2010; Presidential Decree No. 22603, Dec. 31, 2010;
Presidential Decree No. 24514, Apr. 22, 2013; and Presidential Decree
No. 25022, Dec. 24, 2013>
1. Where the employer reduces working hours by more than
20/100 of the aggregate working hours of all insured workers
per one calendar month by adjusting working hours,
reforming the shift work system (referring to a system in
which divided groups of workers work in shifts), undertaking
a temporary shutdown, etc., and gives money and valuables
to preserve wages for the reduced working hours. In such
cases, necessary matters concerning the method of calculating
working hours, such as the aggregate working hours of
all insured workers, shall be prescribed by the Ordinance
of the Ministry of Employment and Labor;
2. Where the employer provides training to retain employment
and Labor;
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1. EMPLOYMENT LAWS
3. Where the employer grants a leave of absence for one

month or more;
4. Deleted. <Presidential Decree No. 25022, Dec. 24, 2013>
5. Deleted. <Presidential Decree No. 22026, Feb. 8, 2010>
(2) Notwithstanding paragraph (1), if the employer employs
new workers during the implementation of employment retention
measures under paragraph (1) or takes employment retention
measures in the same month of three consecutive years or more,
the employment retention subsidy for that month shall not be
provided except in cases where the head of the competent
Employment Security Office deems it inevitable to do so.
<Amended by Presidential Decree No. 22269, Jul. 12, 2010;
Presidential Decree No. 24514, Apr. 22, 2013; and Presidential Decree
No. 25022, Dec. 24, 2013>
(3) Deleted. <Presidential Decree No. 24514, Apr. 22, 2013>
Article 20 (Establishment and Report of Plan for Employment
Retention Measures)
(1) An employer who intends to receive an employment
retention subsidy under Article 19 shall establish a plan for
employment retention measures on a calendar month basis
which meets the following requirements and report it to the
Minister of Employment and Labor until the day before the
scheduled date of implementation of employment retention
measures, as prescribed by the Ordinance of the Ministry of
Employment and Labor, and if the employer makes any change
to matters prescribed by the Ordinance of the Ministry of
Employment and Labor, such as the scheduled date of
implementation of employment retention measures, workers subject
to employment retention measures and money and valuables to
be given during the implementation of employment retention
measures, in the reported plan for employment retention measures,
he/she shall report the details of the change to the Minister of
Employment and Labor until the day before the scheduled date
of change. <Amended by Presidential Decree No. 21348, Mar. 12,
2009; Presidential Decree No. 21510, May 28, 2009; Presidential
Decree No. 22026, Feb. 8, 2010; Presidential Decree No. 22269, Jul.
12, 2010; Presidential Decree No. 22603, Dec. 31, 2010; Presidential
Decree No. 24514, Apr. 22, 2013 and Presidential Decree No. 25022,
Dec. 24, 2013>
1. The employer shall have a consultation with the workers'
representative of the business concerned when establishing
the plan for employment retention measures or making

any change thereto: Provided that this shall not apply

unless the change to be made to the plan for employment
retention measures is unfavorable to workers, such as by
reducing the duration of employment retention measures
or the number of people whose employment is to be
retained, etc. in order to restore the employment situation
to what it was before business deterioration; and
2. The employer shall keep documents containing the details
of the implementation of the plan for employment retention
measures for the immediately preceding month (excluding
the month to which the start date of employment
retention measures belongs) and related evidence.
(2) Notwithstanding paragraph (1), if there is any inevitable
reason prescribed by the Ordinance of the Ministry of Employment
and Labor, such as a delay in labor-management consultation,
the employer may report within three days (within 20 days in
cases where the employer of a business located in an area declared
a special disaster zone under Article 60 of the Countermeasures
against Natural Disasters Act takes employment retention measures
due to the special disaster) from the date of implementation or
the date of change of employment retention measures. <Amended
No. 22603, Dec. 31, 2010; and Presidential Decree No. 24514, Apr.
22, 2013>
(3) Deleted. <Presidential Decree No. 25022, Dec. 24, 2013>
(4) Deleted. <Presidential Decree No. 22026, Feb. 8, 2010>
(5) Deleted. <Presidential Decree No. 24514, Apr. 22, 2013>
Apr. 22, 2013>
Article 20-2 (Restrictions on Support in Case of Violation of Plan
for Employment Retention Measures)
If an employer carries out employment retention measures
in a way different from what is said in the plan for employment
retention measures or changes thereto reported under Article 20
(1), the Minister of Employment and Labor may not provide all
or part of the employment retention subsidy for the month to
which the date of occurrence of the violation belongs, as prescribed
Apr. 22, 2013>
Article 21 (Amount of Employment Retention Subsidy, etc.)
▮▮ 149
1. EMPLOYMENT LAWS
(1) The amount of employment retention subsidy shall be as

follows: <Amended by Presidential Decree No. 20775, Apr. 30, 2008;
Presidential Decree No. 21348, Mar. 12, 2009; Presidential Decree
No. 21510, May 28, 2009; Presidential Decree No. 22026, Feb. 8,
2010; Presidential Decree No. 22269, Jul. 12, 2010; Presidential
Decree No. 23513, Jan. 13, 2012; Presidential Decree No. 24514, Apr.
22, 2013; and Presidential Decree No. 25022, Dec. 24, 2013>
1. In cases falling under Article 19 (1) 1 and 3: an amount
equivalent to 2/3 [1/2 in cases of an enterprise which is
not a preferentially supported enterprise (hereinafter referred
to as “large enterprise”)] of the money and valuables
given by the employer to preserve the wages of insured
workers for working hours reduced due to an adjustment
of working hours, a reform of the shift work system, a
temporary shutdown, etc., or for the leave period: Provided
that if the employment situation worsens due to a rapid
increase in unemployment, etc., and it is deemed necessary
in order to stabilize employment, the Minister of Employment
and Labor may pay an amount equivalent to 3/4 (2/3 in
cases of a large enterprise) of the money and valuables
given by the employer to preserve the wages of insured workers
for a period determined and announced by the Minister
of Employment and Labor but not exceeding one year;
2. In cases falling under Article 19 (1) 2: the sum of an
amount equivalent to 3/4 (2/3 in cases of a large enterprise)
of the money and valuables given by the employer to the
insured trainee during training and the amount obtained
by multiplying the amount of training expenses meeting
the criteria announced by the Minister of Employment
and Labor by the rate announced by the Minister of
Employment and Labor;
(2) The employment retention subsidy referred to in paragraph
(1) shall be provided for each employment retention measure
until the total number of days (If two measures or more are
taken on the same day, it shall be counted as one day.) when
the measure is taken reaches 180 during the insurance year:
Provided that if the employment situation worsens due to a
rapid increase in unemployment, etc., and it is deemed necessary
in order to stabilize employment, the Minister of Employment

and Labor may provide an employment retention subsidy to a

person who has received an employment retention subsidy for
up to 180 days for taking an employment retention measure
and takes an additional employment retention measure under
Article 19 (1) 2 for a period determined and announced by the
Minister of Employment and Labor but not exceeding one year,
until the total number of days when the additional employment
retention measure is taken reaches 90. <Amended by Presidential
Decree No. 25022, Dec. 24, 2013>
(5) The amount of employment retention subsidy provided
pursuant to paragraph (1) shall not exceed the amount determined
and announced by the Minister of Employment and Labor per
worker subject to each employment retention measure. <Amended
by Presidential Decree No. 22269, Jul. 12, 2010 and Presidential
Decree No. 23513, Jan. 13, 2012>
Article 21-2 (Level of Wage Reduction Due to Temporary Shutdown,
etc.)
“Level prescribed by the Presidential Decree" in the latter
part of Article 21 (1) of the Act refers to less than 50/100 of
the ordinary wage (including cases where no wage is paid).
Apr. 22, 2013>
Article 21-3 (Requirements, etc., for Support for Insured Workers
Due to Temporary Shutdown, etc.)
(1) If a temporary shutdown or layoff (hereinafter referred to
as “temporary shutdown, etc.”) an employer undertakes instead
of adjusting employment even though there is an inevitable
reason for employment adjustment prescribed by the Ordinance
of the Ministry of Employment and Labor falls under any of
the following subparagraphs, the Minister of Employment and
Labor may provide a subsidy to the insured worker concerned
pursuant to the latter part of Article 21 (1) of the Act:
1. Where the employer undertakes a 30-day or longer temporary
shutdown for the number of insured workers determined
according to the following classification, and pays no
allowance for temporary shutdown or an allowance for
temporary shutdown equivalent to less than 50/100 of the
ordinary wage during that period with the approval of
the Labor Relations Commission under Article 46 (2) of
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1. EMPLOYMENT LAWS
the Labor Standards Act:

A. Where the total number of insured workers is 19 or
fewer: 50/100 or more of the total number of insured
workers;
B. Where the total number of insured workers is 20~99:
10 insured workers or more;
C. Where the total number of insured workers is 100~999:
10/100 or more of the total number of insured workers;
D. Where the total number of insured workers is 1,000 or
more: 100 insured workers or more
2. Where the employer undertakes a 90-day or longer temporary
layoff for the number of insured workers determined
according to the following classification after having taken
employment retention measures for three months or more
under Article 19 (1) 1 or 2 within one year before the
period of temporary layoff begins, and does not give any
money and valuables, such as allowances for temporary
layoff, under agreement with the workers' representative
(referring to the trade union composed of a majority of
workers or person representing a majority of workers if
there is no such trade union) during that period:
A. Where the total number of insured workers is 99 or
fewer: 10 insured workers or more;
B. Where the total number of insured workers is 100~999:
10/100 or more of the total number of insured workers;
C. Where the total number of insured workers is 1,000 or
more: 100 insured workers or more.
(2) The subsidy referred to in paragraph (1) shall be an
amount determined by the Minister of Employment and Labor
in consideration of the wage or allowance paid by the employer
to the insured worker concerned, but not exceeding 50/100 of
the ordinary wage of the insured worker. In such cases, the
subsidy shall not exceed the amount per insured worker subject
to temporary shutdown, etc., determined and announced by the
(3) The subsidy referred to in paragraph (2) shall be
provided for up to 180 days during the period of the relevant
temporary shutdown, etc.
(4) If the Minister of Employment and Labor provides a
subsidy to an insured worker pursuant to paragraph (1), the
employer shall establish a plan for employment retention measures
containing information on the measures needed to develop and

improve the vocational skills of the insured worker receiving

the subsidy, and submit it to the Minister of Employment and
Labor.
(5) Necessary matters concerning the method of, and
procedure for applying for subsidies for insured workers due to
a temporary shutdown, etc., the methods of payment, etc., other
than those provided for in paragraphs (1) through (4) shall be
determined and announced by the Minister of Employment and
Labor.
Apr. 22, 2013>
Article 21-4 (Support for Measures, etc., to Develop and Improve
Vocational Skills)
(1) The Minister of Employment and Labor may provide the
support employers need to take measures for the development,
improvement, etc. of the vocational skills of insured workers
according to plans for employment retention measures, pursuant
to Article 21-3 (4).
(2) Necessary matters concerning the procedure for applying
for the support referred to in paragraph (1), the methods of
support, etc., shall be determined by the Minister of Employment
and Labor.
Apr. 22, 2013>
Article 22 (Support for Reemployment of Persons Due to Leave
Job etc.)
If an employer who inevitably has to adjust employment
under Article 21 (1) of the Act, alone or jointly establishes necessary
facilities directly, or entrusts other organizations equipped with
such facilities, to provide services necessary for the reemployment
of a person falling under any of the following subparagraphs,
the Minister of Employment and Labor may partially support
the costs under the conditions determined by the Minister of
Employment and Labor:
1. A person who is an insured person of the business concerned
and due to leave his/her job because of employment
adjustment, retirement age limits, or the expiry of his/her
employment contract period; and
2. A person who was an insured person of the business
concerned and has left his/her job because of employment
adjustment, retirement age limits, or the expiry of his/her
▮▮ 153
1. EMPLOYMENT LAWS
employment contract period.

Dec. 31, 2010>
Article 23 Deleted. <Presidential Decree No. 21015, Sept. 18, 2008>

Article 24 (Subsidy for Promotion of Local Employment)
to Article 22 of the Act, provide a subsidy for promotion of
local employment to an employer who relocates his/her business
to a designated area or newly sets up or expands his/her business
in a designated area after meeting all of the following
requirements: <Amended by Presidential Decree No. 22269, Jul. 12,
2010; Presidential Decree No. 21928, Dec. 30, 2009; and Presidential
Decree No. 22603, Dec. 31, 2010>
1. Within the period of support, etc. for employment
adjustment announced pursuant to Article 29 (2) of the
Enforcement Decree of the Framework Act on Employment
Policy (hereinafter referred to as “designated period”), the
employer shall establish a plan for local employment in
relation to the relocation, set-up, or expansion of the
business and subsequent hiring of workers, and report
the plan to the Minister of Employment and Labor;
2. The plan for local employment reported to the Minister
of Employment and Labor pursuant to subparagraph 1
shall be implemented as planned;
3. Within one and half years after the date of submission of
the plan for local employment, the relocated, newly-set
up or expanded business shall begin its operation;
4. As of the beginning date (hereinafter referred to as “the
start date of operation” in this Article) of operation of the
relocated, newly set-up or expanded business, the employer
shall employ job seekers who have resided in the designated
area or other designated areas for three months or more,
as insured persons of the relocated, newly set-up or
expanded business;
5. The need for the business shall be recognized by the
Employment Policy Council under Article 10 of the
Framework Act on Employment Policy; and
6. The employer shall keep a record of the status of
implementation of the local employment plan and the
status of wages paid to insured persons employed by
him/her while implementing the plan.

(2) An employer who intends to receive the subsidy for

promotion of local employment shall, upon the commencement
of operations in accordance with paragraph (1) 3, report to the
Decree No. 22269, Jul. 12, 2010>
(3) The amount of subsidy for promotion of local employment
shall be an amount equivalent to 1/2 (1/3 in cases of a large
enterprise) of the wages paid to insured persons employed in
accordance with paragraph (1) 4, but shall not exceed the
amount announced by the Minister of Employment and Labor
under Article 21 (5). <Amended by Presidential Decree No. 22603,
Dec. 31, 2010 and Presidential Decree No. 23513, Jan. 13, 2012>
(4) The subsidy for promotion of local employment shall be
provided for one year from the start date of operation.
(5) If the number of insured persons employed in accordance
with paragraph (1) 4 during a designated period exceeds 200,
the subsidy for promotion of local employment shall be
provided only to 30/100 of the excess number of workers.
(6) The subsidy for promotion of local employment shall not
be provided in any of the following cases <Newly Inserted by
Presidential Decree No. 22603, Dec. 31, 2010 and Amended by
1. Where the employment period of insured persons employed
pursuant to paragraph (1) 4 is less than six months;
2. Where an employer dismisses any worker as a result of
employment adjustment during three months before, and
one year after, the start date of operation;
3. Where an employer who employs a job seeker as an
insured person pursuant to paragraph (1) 4 is the same
employer the insured person was working for at the time
of his/her final separation: Provided that cases where the
employer preferentially employs the relevant worker
pursuant to Article 25 (1) of the Labor Standards Act
shall be excluded;
4. Where an employer who employs a job seeker as an
insured person pursuant to paragraph (1) 4 is related to
the business the relevant worker was working in at the
time of his/her final separation, such as where the
employer merged his/her business with, or took over, the
business of the employer the worker was working for at
the time of his/her final separation.
▮▮ 155
1. EMPLOYMENT LAWS
5. Other cases prescribed by the Ordinance of the Ministry

of Employment and Labor, such as where an employer
pays less than the minimum wage under the Minimum
Wage Act.
(8) Necessary matters concerning the application for and
payment of the subsidy for promotion of local employment shall
be prescribed by the Ordinance of the Ministry of Employment
and Labor. <Amended by Presidential Decree No. 22269, Jul. 12,
2010 and Presidential Decree No. 22603, Dec. 31, 2010>
Article 25 (Subsidy for Employment Extension of the Aged)
to Article 23 of the Act, provide a subsidy for employment
extension of the aged to the employer of a business which meets
any of the following requirements: Provided that this shall not
apply to the employer of a business ordinarily employing 300
workers or more: <Amended by Presidential Decree No. 21230, Dec.
31, 2008; Presidential Decree No. 22269, Jul. 12, 2010; Presidential
Decree No. 22603, Dec. 31, 2010; Presidential Decree No. 24333, Jan.
2. The retirement age shall be abolished or the existing
retirement age shall be raised by one year or more to 60
years or older: provided that, if the workplace concerned
abolishes the retirement age and then sets a new retirement
age or lowers the existing retirement age within three years
before the abolishment or extension of the retirement age,
the subsidy for employment extension of the aged shall
not be provided.
3. The employer who sets the retirement age at 55 or above
shall retain a worker who reaches the retirement age after
18 months or more of employment or employ a worker
within three months after he/she left his/her job at the
retirement age (hereinafter referred to as “reemployment”
in this Article and Article 28) and not dismiss any worker
due to employment adjustment for three months before
and six months after the reemployment. However, if
reemployment is for a set period of less than one year or
the retirement age of the workplace was lowered within
three years before reemployment, the subsidy for employment
extension of the aged shall not be provided.


(4) The amount of subsidy for employment extension of the
aged to be paid to an employer meeting the requirements
described in paragraph (1) 2 shall be calculated by multiplying
the amount announced by the Minister of Employment and
Labor annually in consideration of the wage increase rate, labor
market conditions, etc., by the number of workers (excluding
those who receive the wage peak system subsidy pursuant to
Article 28) who have been employed by the employer continuously
for at least 18 months and are allowed to continue their
services by abolishment or extension of the retirement age after
reaching the previous retirement age, and the subsidy shall be
provided for the period determined according to the following
classification: <Amended by Presidential Decree No. 22269, Jul. 12,
2010; Presidential Decree No. 22603, Dec. 31, 2010; Presidential
Decree No. 23513, Jan. 13, 2012; Presidential Decree No. 24333, Jan.
1. Where the retirement age is abolished: an one-year period
counted from the day following the date on which one
year has passed since the worker concerned reached the
previous retirement age (the day the worker turns 58 in
cases where the previous retirement age was lower than 58);
2. Where the retirement age is extended: the following periods
counted from the day following the date on which the
worker concerned reaches the previous retirement age:
A. Where the retirement age is extended by one year or
more but less than three years: one year;
B. Where the retirement age is extended by three years or
more: two years.
(5) The amount of subsidy for employment extension of the
aged to be paid to an employer meeting the requirements
described in paragraph (1) 3 shall be calculated by multiplying
the amount announced by the Minister of Employment and
Labor annually in consideration of the wage increase rate, labor
market conditions, etc., by the number of workers reemployed
after reaching the retirement age (excluding those who receive
the wage peak system subsidy pursuant to Article 28) and the
subsidy shall be provided for the period determined according
to the following classification: <Amended by Presidential Decree
No. 22269, Jul. 12, 2010; Presidential Decree No. 22603, Dec. 31,
2010; Presidential Decree No. 23513, Jan. 13, 2012; Presidential
Decree No. 24155, Oct. 29, 2012; and Presidential Decree No. 25022,
▮▮ 157
1. EMPLOYMENT LAWS
Dec. 24, 2013>

1. Where the reemployment period is one year or more but
less than three years: six months;
2. Where the reemployment period is three years or more:
one year.
payment of the subsidy for employment extension of the aged
shall be prescribed by the Ordinance of the Ministry of Employment
Dec. 31, 2010>
Article 25-2 (Subsidy for Employment of Those Aged 60 or Over)
to Article 23 of the Act, provide a subsidy for employment of
those aged 60 or over to the employer of a business which
meets all of the following requirements:
1. The employer has never set a retirement age for workers
since starting his/her business;
2. The ratio of the monthly average number of workers
aged 60 or over who have been employed for one year
or more at the end of each month to the monthly
average number of workers in the business each quarter
shall be higher than the ratio determined and announced by
the Minister of Employment and Labor for each industry;
3. The employer shall not be a person who has received
once or more the subsidy for employment promotion for
the aged under Article 18 of the Addenda of the Enforcement
Decree of the Employment Insurance Act partially amended
by Presidential Decree no. 22603 or is in the payment
period thereof at the time when he/she applies for the
subsidy for employment of those aged 60 or over.
(2) If an employer dismisses a worker aged 55 or over
during three months before, and six months after, applying for
the subsidy for employment of those aged 60 or over under
paragraph (1) (hereinafter referred to as "subsidy for employment
of those aged 60 or over"), as a result of employment adjustment,
the subsidy for employment of those aged 60 or over shall not
be provided.
(3) The amount of subsidy for employment of those aged 60
or over shall be calculated by multiplying the amount announced
by the Minister of Employment and Labor in consideration of

labor market conditions by the number of workers aged 60 or

over employed in excess of the ratio announced by the Minister
of Employment and Labor in accordance with paragraph (1) 2:
Provided that the total amount of subsidy that can be paid
quarterly to an employer shall not exceed the amount calculated
by multiplying the amount announced by the Minister of
Employment and Labor pursuant to the main sentence by
20/100 (10/100 for large enterprises) of the number of workers
in that business.
(4) In calculating the number of workers for the purpose of
paying the subsidy for employment of those aged 60 or over,
daily workers and those who fall under subparagraphs 2
through 5 of Article 10 of the Act shall be excluded.
payment of the subsidy for employment of those aged 60 or
over shall be prescribed by the Ordinance of the Ministry of
Jan. 13, 2012>
Article 26 (Employment Promotion Subsidy)
to Article 23 of the Act, provide an employment promotion
subsidy to an employer who employs as an insured worker an
unemployed person who has registered himself/herself as a
job-seeker with an Employment Security Office or other organizations
Labor (hereinafter referred to as “Employment Security Office,
etc.” in this Article) and falls under any of the following
subparagraphs, in order to promote the employment of those
having special difficulty finding employment under the normal
conditions of the labor market, such as the disabled and female
household heads: <Amended by Presidential Decree No. 23513, Jan.
13, 2012 and Presidential Decree No. 24333, Jan. 25, 2013>
1. A person who has completed an employment support
program for those having special difficulty finding employment
under the normal conditions of the labor market as
announced by the Minister of Employment and Labor;
2. A person who has been unemployed for one month or
more and is a person with severe disabilities under
subparagraph 2 of Article 2 of the Act on Employment
Promotion and Vocational Rehabilitation of Disabled Persons;
3. Among jobless women responsible for supporting their
▮▮ 159
1. EMPLOYMENT LAWS
families, those prescribed by the Ordinance of the Ministry

of Employment and Labor, who have been unemployed
for one month or more and are eligible for employment
pursuant to the former part of Article 11 (2) of the
Enforcement Decree of the National Basic Living Security
Act or are eligible for protection pursuant to Article 5
and Article 5-2 of the Single-Parent Family Support Act;
4. A person who has been unemployed for one month or
more and lives on an island (excluding the main island
of Jeju Special Self-Governing Province and islands connected
by a seawall or a bridge, etc., to the mainland) and thereby
finds it difficult to participate in an employment support
program under subparagraph 1.
(2) The employment promotion subsidy under paragraph (1)
shall be provided if an employer has employed a person as an
insured worker for at least three months. <Newly Inserted by
Presidential Decree No. 23513, Jan. 13, 2012 and Amended by
1. Deleted. <Presidential Decree No. 24333, Jan. 25, 2013>
(3) The employment promotion subsidy under paragraph (1)
shall not be provided in any of the following cases: <Amended
by Presidential Decree No. 23513, Jan. 13, 2012 and Presidential
Decree No. 24333, Jan. 25, 2013>
1. Where a person who falls under any of the cases prescribed
Labor, such as cases where the worker is employed on a
short-term contract, is employed;
3. Where an enterprise other than a preferentially supported
enterprise employs an unemployed person who is aged
29 or younger and determined by the Minister of Employment
and Labor;
4. Where the employer dismisses any worker (excluding workers
employed after employment of the worker eligible for the
employment promotion subsidy) as a result of employment
adjustment for three months before, and twelve months
after, employing the worker eligible for the employment
promotion subsidy;
5. Where an employer hiring a worker eligible for the employment
promotion subsidy under paragraph (1) is the same employer
the worker was working for at the time of his/her final

separation: Provided that this shall not apply if the employer

preferentially employs the relevant worker pursuant to
Article 25 (1) of the Labor Standards Act;
6. Cases prescribed by the Ordinance of the Ministry of
Employment and Labor where an employer hiring a worker
eligible for the employment promotion subsidy under
paragraph (1) is related to the business the worker was
working in at the time of his/her final separation, such
as where the employer merged his/her business with, or
took over, the business of the employer the worker was
working for at the time of his/her final separation.
(4) The amount of employment promotion subsidy under
paragraph (1) shall be calculated by multiplying the amount
announced by the Minister of Employment and Labor annually
in consideration of the wage increase rate, labor market conditions,
etc., by the number of workers employed, and shall be paid on
the basis of a worker's employment period according to the
following classification: In such cases, the amount of employment
promotion subsidy paid shall not exceed 75/100 of the wages
borne by the employer during a period subject to the payment
of the subsidy: <Amended by Presidential Decree No. 23513, Jan.
13, 2012 and Presidential Decree No. 24333, Jan. 25, 2013>
1. An employment period of three months or more but less
than six months: three months' subsidy
2. An employment period of six months or more but less
than nine months: six months' subsidy
3. An employment period of nine months or more but less
than 12 months: nine months' subsidy
4. An employment period of 12 months or more: 12 months'
subsidy
(5) The number of insured persons eligible for payment of
the employment promotion subsidy under paragraph (1) shall
be limited to 20/100 of the number of insured persons as of
the last day of the previous insurance year of the business
concerned (30/100 in cases of preferentially supported enterprises,
and any numbers after the decimal point shall be disregarded
in calculation). <Amended by Presidential Decree No. 23513, Jan.
13, 2012>
(6) Notwithstanding paragraph (4), in any of the following
cases, the employment promotion subsidy shall be provided for
up to the number of insured persons described in the following
subparagraphs: <Amended by Presidential Decree No. 23513, Jan.
▮▮ 161
1. EMPLOYMENT LAWS
13, 2012>
1. Where the number of insured persons who are newly
hired pursuant to paragraph (1) is 30 or more: 30 persons
2. Where the number of insured persons as of the last day
of the previous insurance year of the business concerned
is one or more but less than 10: 3 persons
3. Where there is no insured person as of the last day of
the previous insurance year of the business concerned:
30/100 of the number of insured persons as of the
starting date of the insurance relationship of the year the
worker was newly hired (3 persons if the number of
insured persons is one or more but less than 10; 30
persons if 30/100 of the number of insured persons
exceeds 30).
payment of the employment promotion subsidy shall be
Labor. <Amended by Presidential Decree No. 23513, Jan. 13, 2012>
<This Article Wholly amended by Presidential Decree No. 22603,
Dec. 31, 2010>
Article 28 (Wage Peak System Subsidy)
to Article 23 of the Act, provide a wage peak system subsidy
to a worker in any of the following cases (hereinafter referred
to as "wage peak system" in this Article): <Amended by Presidential
Decree No. 22603, Dec. 31, 2010; Presidential Decree No. 24333, Jan.
1. Where an employer implements a system that cuts a
worker's wages based on a particular age, consecutive
service period or wage after 55 years of age in return for
extending the retirement age to 60 years or older or
extending the retirement age to 56 years or older but
below 60 years with the consent of the workers'
representative;
2. Where an employer implements the system referred to in
subparagraph 1 or reemploys a retired worker pursuant
to subparagraph 4 and reduces his/her contractual working
hours per week to 15-30 hours;
4. Where an employer who has set the retirement age at 55

or older reemploys a person reaching the retirement age

(excluding cases where the reemployment period is less
than one year) and reduces his/her wages after the age
of retirement.
(2) The wage peak system subsidy under paragraph (1) shall
be provided to workers the employer has employed for 18
months or more and whose wages for the pertinent year have
been lowered by more than the ratio determined according to
the following classification, when compared to the peak wages
(referring to the wages given for the year preceding the year in
which wages are first cut under the wage peak system; hereinafter
the same shall apply.) (excluding cases where the amount of
wages for the pertinent year is equal to or higher than the
amount announced by the Minister of Employment and Labor).
Presidential Decree No. 22603, Dec. 31, 2010; Presidential Decree No.
23513, Jan. 13, 2012; Presidential Decree No. 24333, Jan. 25, 2013;
and Presidential Decree No. 25022, Dec. 24, 2013>
1. Cases falling under paragraph (1) 1: the ratio determined
according to the following classification on the basis of
the period by which the retirement age is extended:
Provided that the ratio shall be 10/100 in cases of a
business ordinarily employing fewer than 300 workers:
A. Up to one year from the date of application of the wage
peak system: 10/100;
B. More than one year up to two years from the date of
application of the wage peak system: 15/100;
C. More than two years from the date of application of
the wage peak system: 20/100.
2. Cases falling under paragraph (1) 2: 30/100
3. Cases falling under paragraph (1) 4: 20/100: Provided that
the ratio shall be 10/100 in cases of a business ordinarily
employing fewer than 300 workers.
(3) The amount of wage peak system subsidy under paragraph
(1) shall be the amount announced by the Minister of Employment
and Labor in consideration of the difference between the worker's
peak wages and wages for the pertinent year, the wage increase
rate, etc. <Amended by Presidential Decree No. 22269, Jul. 12, 2010
(4) The wage peak system subsidy referred to in paragraph
(1) shall be paid for five years from the date on which the
wage peak system is applied: Provided that if the employment
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1. EMPLOYMENT LAWS
period is shorter than five years, the wage peak system subsidy
shall be paid for that employment period, and that even in
cases of reemployment under paragraph (1) 4 after the
implementation of the wage peak system under paragraph (1) 1,
the maximum payment period shall be five years in total:
(5) Necessary matters concerning the calculation of, application
for, and payment of the wage peak system subsidy under
paragraph (1) shall be prescribed by the Ordinance of the
Decree No. 22603, Dec. 31, 2010>
Dec. 31, 2010>
Article 29 (Subsidy for Employment Security During Perinatal and
Child-Care Period)
to Article 23 of the Act, provide a subsidy for employment security
during the perinatal and child-care period to an employer
falling under any of the following subparagraphs: <Amended by
Presidential Decree No. 23513, Jan. 13, 2012; Presidential Decree No.
23946, Jul. 10, 2012; Presidential Decree No. 24333, Jan. 25, 2013;
Presidential Decree No. 25022, Dec. 24, 2013; and Presidential Decree
No. 25388, Jun. 17, 2014>
1. An employer (including using employers under the Act
on the Protection, etc., of Dispatched Workers in the case
of dispatch workers prescribed in item B) who signs a
contract of employment of one year or longer with an insured
female worker who falls under any of the following items
and whose employment contract or dispatch contract expires
during maternity leave under Article 74 (1) of the Labor
Standards Act (hereinafter referred to as "maternity leave")
or pregnancy, immediately after the end of the employment
contract or dispatch contract period, or within 15 months
after the childbirth:
A. A worker whose employment contract period is one year
or less;
B. A dispatched worker under the Act on the Protection,
etc., of Dispatched Workers.
2. An employer who allows an insured worker to take
child-care leave under Article 19 of the Act on Equal
Employment and Support for Work-Family Reconciliation
or to work shorter hours during the child-rearing period

under Article 19-2 of the same Act (hereinafter referred to

as “child-care leave, etc.”) for 30 days or more (excluding
a period overlapping with the 90 days of maternity leave)
and continues to employ the insured worker for 30 days
or more after the end of the child-care leave, etc.;
3. An employer who grants an insured worker maternity leave,
miscarriage or stillbirth leave under Article 74 (3) of the
Labor Standards Act (hereinafter referred to as "miscarriage
or stillbirth leave"), or child-care leave, etc. for 30 days or
more and hires a replacement worker, and meets all of
the following requirements:
A. The employer shall newly hire a replacement worker
30 days before the beginning date of maternity leave,
miscarriage or stillbirth leave or child-care leave, etc.,
(30 days before the beginning date of maternity leave
in cases where maternity leave, miscarriage or stillbirth
leave, or child-care leave, etc., starts immediately following
maternity leave) and continue to employ the worker
for 30 days or more thereafter;
B. The employer shall continue to employ a worker who
has taken maternity leave, miscarriage or stillbirth leave,
or child-care leave, etc., for 30 days or more after the
end of maternity leave, miscarriage or stillbirth leave,
or child-care leave, etc.; and
C. The employer shall not dismiss any worker (excluding
workers employed after employment of the new replacement
worker) as a result of employment adjustment during
three months before and six months after hiring the
new replacement worker
(2) The subsidy for employment security during the perinatal
and child-care period under paragraph (1) 1 shall be paid for
the employment period of the relevant worker not exceeding six
months in the amount determined and announced by the Minister
of Employment and Labor: Provided that if an employer signs
an employment contract without a fixed period, the subsidy
shall be paid for the employment period of the relevant worker
not exceeding one year. <Amended by Presidential Decree No. 23513,
Jan. 13, 2012; and Presidential Decree No. 24333, Jan. 25, 2013>
(3) The amount of subsidy for employment security during
the perinatal and child-care period under paragraph (1) 2 shall
be calculated by multiplying the amount announced by the
Minister of Employment and Labor according to business size
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1. EMPLOYMENT LAWS
in consideration of the employer's labor costs resulting from

granting child-care leave, etc., by the number of months for
which the worker has been on child-care leave, etc. In such
cases, 50/100 of the subsidy for employment security during the
perinatal and child-care period shall be paid if the employer
continues to employ the insured worker for six months or more
after the end of the child-care leave, etc. <Amended by
Presidential Decree No. 23513, Jan. 13, 2012; and Presidential Decree
No. 24333, Jan. 25, 2013>
(4) The amount of subsidy for employment security during
the perinatal and child-care period under paragraph (1) 3 shall
be calculated by multiplying the amount announced by the
Minister of Employment and Labor according to business size
in consideration of the employer's labor costs resulting from
hiring a replacement worker by the number of months for
which the employer has employed the replacement worker
during the period of maternity leave, miscarriage or stillbirth
leave, or child-care leave, etc. taken. <Amended by Presidential
Decree No. 23946, Jul. 10, 2012; Presidential Decree No. 24333, Jan.
payment of the subsidy for employment security during the perinatal
and child-care period under paragraph (1) shall be prescribed
Labor.<Amended by Presidential Decree No. 24333, Jan. 25, 2013>
Dec. 31, 2010>
Article 32-2 Deleted. <Presidential Decree No. 22026, Feb. 8, 2010>
Article 33 (Support for Diagnosis, etc., of Employment Management)
(1) The Minister of Employment and Labor may, if an
employer or an employers' or workers' organization receives
diagnosis services from a professional organization with regard
to the reform of wage system, redesigning of work, etc., to
ensure employment security or promote employment for those
who are or were insured persons or other persons who have
the willingness to be employed (hereinafter referred to as “insured

persons, etc.”), support part of the costs needed for the diagnosis
within the limits of the budget pursuant to Article 25 (1) 1 of
the Act. <Amended by Presidential Decree No. 22269, Jul. 12, 2010>
(2) Matters concerning the selection of those eligible for the
support under paragraph (1), the level of support, and other
necessary matters shall be determined by the Minister of
Employment and Labor. <Amended by Presidential Decree No. 22269,
Jul. 12, 2010>
Article 34 <Presidential Decree No. 22603, Dec. 31, 2010>
Article 35 (Employment Security and Employment Promotion)
“Projects prescribed by the Presidential Decree” in Article 25
(1) 3 of the Act refers to the following projects: <Amended by
Presidential Decree No. 21348, Mar. 12, 2009; Presidential Decree
No. 21510, May 28, 2009; Presidential Decree No. 22026, Feb. 8,
2010; and Presidential Decree No. 22603, Dec. 31>
1. Education projects and public relations projects for the
employment security and employment promotion of insured
persons, etc.;
2. Employment support projects, such as job placement services,
career guidance, internship support and out-placement
support services, etc. to promote employment of insured
persons, etc.;
3. Employment environment improvement projects for insured
persons, etc., such as the aged, women and the disabled;
and
4. Support projects for employment security etc. of construction
workers.
Article 36 (Support for Employment Support Projects)
costs required for the employment support projects conducted
by a person described in any of the following subparagraphs
pursuant to Article 25 of the Act and subparagraph 2 of Article
35 of this Decree: <Amended by Presidential Decree No. 22269, Jul.
12, 2010>
1. A person who engages in non-fee-charging job placement
services under Article 18 of the Employment Security Act
and a person who engages in fee-charging job placement
services under Article 19 of the same Act;
2. A person who engages in services providing job information
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1. EMPLOYMENT LAWS
under Article 23 of the Employment Security Act; and

3. Other persons recognized by the Minister of Employment
and Labor as being capable of conducting employment
support projects.
(2) The Minister of Employment and Labor shall, if intending
to provide support pursuant to paragraph (1), publish beforehand
the types and contents of eligible services, the scope of eligible
insured persons, etc., the contents and level of the support, the
method of applying for the support, etc. <Amended by Presidential
Decree No. 21348, Mar. 12, 2009 and Presidential Decree No. 22269,
Jul. 12, 2010>
Article 37 (Support for Employment Environment Improvement for
the Aged, etc.)
(1) The Minister of Employment and Labor may, if an employer
intends to install or improve related facilities and equipment to
ensure employment security and promote employment for
insured persons, etc., who are the aged, women or the disabled,
provide support or loans within the limits of the budget to
cover part of the necessary costs pursuant to Article 25 of the
Act and subparagraph 3 of Article 35 of this Decree. <Amended
by Presidential Decree No. 22269, Jul. 12, 2010>
support or loans under paragraph (1), the requirements for the
selection and other necessary matters concerning the support and
loans shall be determined by the Minister of Employment and
Article 37-2 Deleted. <Presidential Decree No. 22026, Feb. 8, 2010>
Article 38 (Support for Employment Promotion Facilities)
(1) "Other employment promotion facilities prescribed by the
Presidential Decree” in Article 26 of the Act refers to the
following facilities: <Amended by Presidential Decree No. 21928,
Dec. 30, 2009 and Presidential Decree No. 22269, Jul. 12, 2010>
1. Facilities necessary to provide employment services to
vulnerable groups, that are set up and operated by a
local government pursuant to Article 11 (4) of the
Framework Act on Employment Policy;
2. Employment support facilities operated by a school
designated by the Minister of Employment and Labor
from among the schools under subparagraphs 1, 2 and 4
of Article 2 of the Higher Education Act;

3. Schools designated by the Minister of Employment and

Labor from among the vocational high schools under
Article 80 (1) 1 of the Enforcement Decree of the Elementary
and Secondary Education Act;
4. Aged Talent Banks under Article 11 of the Aged Employment
Promotion Act; and
5. Employment promotion facilities intended to ensure employment
security and promote employment for insured persons,
etc., and to secure workforce for employers and prescribed
(2) Pursuant to Article 26 of the Act, the Minister of Employment
and Labor may provide support for part of the costs needed for
the establishment and operation of employment promotion facilities
to a person who establishes and operates employment promotion
facilities. <Amended by Presidential Decree No. 21928, Dec. 30, 2009
(3) Necessary matters concerning the support for employment
promotion facilities under paragraph (1) shall be determined by
the Minister of Employment and Labor. <Amended by Presidential
Decree No. 22269, Jul. 12, 2010>
(4) Pursuant to Article 26 of the Act, the Minister of
Employment and Labor may support part of the costs of operating
a child care center established and operated by an employer,
alone or jointly with other employers, as prescribed by the
Ordinance of the Ministry of Employment and Labor. In such
cases, the level of support may be set higher for the employer
of a preferentially supported enterprise (including an employers'
organization in which the number of preferentially supported
enterprises is 50/100 or more of the total; The same shall apply
hereinafter in this Article). <Amended by Presidential Decree No.
22269, Jul. 12, 2010; Presidential Decree No. 23356, Dec. 8, 2011;
Employment and Labor may, if an employer or an employers'
organization intends to establish a child care center, independently
or jointly with other employers, provide loans or support to
cover part of the establishment costs under the conditions
determined by the Minister of Employment and Labor. In such
cases, the level of loans or support may be set higher for the
employer of a preferentially supported enterprise or for an employer
or employers' organization that intends to establish a child care
center for disabled children or infants. <Amended by Presidential
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1. EMPLOYMENT LAWS
12, 2010; Presidential Decree No. 23356, Dec. 8, 2011; and
Article 39 (Special Cases of Business Subject to Blanket Application)
In the case of businesses which are subject to blanket
application pursuant to Article 8 of the Insurance Premium
Collection Act, each individual business shall be considered as a
single business in the application of Article 17, Article 19,
Article 24 through 26 and Article 29. <Amended by Presidential
Decree No. 21015, Sept. 18, 2008; Presidential Decree No. 22603,
Dec. 31, 2010; and Presidential Decree No. 23139, Sep. 15, 2011>
Article 40 (Mutual Adjustment between Subsidies etc.)
(1) If an employer who meets the requirements for receiving
the employment retention subsidy under Article 19 takes
measures which meet the requirements for receiving the support
for expenses under Article 17, subsidy for employment extension
of the aged under Article 25 (1) 3 or employment promotion
subsidy under Article 26 while taking employment retention
measures, the employment retention subsidy under Article 19
shall be provided, but other subsidies shall not. <Amended by
Presidential Decree No. 21015, Sept. 18, 2008; Presidential Decree
No. 22026, Feb. 8, 2010; Presidential Decree No. 22603, Dec. 31,
2010; and Presidential Decree No. 23139, Sep. 15, 2011>
(2) If a worker simultaneously meets the requirements for
receiving the support for expenses under Article 17 (1) 3
through 5, subsidy for promotion of local employment under
Article 24, subsidy for employment extension of the aged under
Article 25 or employment promotion subsidy under Article 26,
only one of such subsidies shall be provided upon application
by the employer concerned. <Amended by Presidential Decree No.
21015, Sept. 18, 2008 and Presidential Decree No. 22603, Dec. 31, 2010>
(3) If an employer simultaneously meets the requirements
for receiving the support for expenses under Article 17 (1) 1
and 2, only one subsidy shall be provided upon application by
the employer concerned. <Amended by Presidential Decree No.
21015, Sept. 18, 2008; Presidential Decree No. 22603, Dec. 31, 2010;
and Presidential Decree No. 23139, Sep. 15, 2011>
(4) If an employer who receives any of the subsidies under
paragraph (3) meets the requirements to receive any of the
subsidies under paragraph (2) while receiving the subsidy concerned,
an amount calculated by multiplying the amount of the relevant

subsidy among those under paragraph (2) by the rate determined

and announced by the Minister of Employment and Labor shall
be provided upon application by the employer. <Amended by
Presidential Decree No. 22269, Jul. 12, 2010 and Presidential Decree
No. 22603, Dec. 31, 2010>
(5) If an employer eligible to receive the subsidy for employment
promotion for the aged under Article 18 of the Addenda of the
Enforcement Decree of the Employment Insurance Act partially
amended by Presidential Decree no. 22603 meets the requirements
for receiving the subsidy for employment of those aged 60 or
over, only one subsidy shall be provided upon application by
the employer. <Newly Inserted by Presidential Decree No. 23513,
Jan. 13, 2012>
Dec. 31, 2010>
<The amended provisions of paragraph (5) of this Article shall
remain effective until Dec. 31, 2014 under the provisions of Article 2
(2) of the Addenda of Presidential Decree No. 23513, Jan. 13, 2012>
Article 40-2 (Restrictions on Support)
"Cases prescribed by the Presidential Decree” in Article 26-2
of the Act refers to those in which an employer newly employs
a worker or takes employment retention measures which falls
1. Where an employer receives financial support such as
subsidy, etc. under the Act on the Protection and Settlement
Support of Residents Escaping from North Korea;
subsidy, etc. under the Industrial Accident Compensation
Insurance Act;
subsidy, etc. under the Act on Employment Promotion
and Vocational Rehabilitation for Disabled Persons;
4. Other cases where an employer receives financial support
from a nation or a local government.
Sep. 15, 2011>
Costs to Employers)
(1) "Vocational skills development training prescribed by the
Presidential Decree” in Article 27 of the Act refers to training
courses recognized under Article 24 of the Workers Vocational
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1. EMPLOYMENT LAWS
Skills Development Act and falling under any of the following

subparagraphs: <Amended by Presidential Decree No. 23513, Jan.
13, 2012>
1. Vocational skills development training conducted for insured
persons [excluding insured persons under subparagraph 1
B of Article 2 of the Act (hereinafter referred to as
"self-employed insured persons")];
2. Vocational skills development training conducted for those
who are employed by the employer but not insured persons;
3. Vocational skills development training conducted at the
business concerned or a business related to the business
concerned for those due to be employed;
4. Vocational skills development training conducted for those
who are registered as a job seeker with an Employment
Security Office; and
5. Vocational skills development training conducted for
insured persons (excluding self-employed insured persons)
employed in the business concerned during paid leave
[referring to leave which is not annual paid leave under
Article 60 of the Labor Standards Act and during which
an amount of wages equal to or higher than the ordinary
wages under Article 6 of the Enforcement Decree of the
Labor Standards Act (hereinafter referred to as “ordinary
wages”) is paid.] falling under any of the following items:
A. The employer of a preferentially supported enterprise
or an employer who ordinarily employs less than 150
workers shall grant seven consecutive days or more of
paid leave to his/her workers and provide not less than
30-hour training to these workers during that leave;
B. An em ployer who falls under item A shall grant
continuously 30 days or more of paid leave to the
workers concerned and provide not less than 120
hours of training to these workers during that leave,
and shall hire replacement workers; and
C. An employer who does not fall under item A shall
grant continuously 60 days or more of paid leave to
workers with an employment period of one year or
longer, and shall provide not less than 180 hours of
training to these workers.
D. An employer shall grant paid leave to workers
engaged in production or similar work and announced
by the Minister of Employment and Labor, and provide

not less than 20-hour training to these workers during

that leave to encourage their skills and techniques.
(2) The amount of subsidy for vocational skills development
training under paragraph (1) shall be calculated by multiplying
the training expenses (restricted to the expenses meeting the
standards announced by the Minister of Employment and Labor)
by the rate announced by the Minister of Employment and
Labor in consideration of business size, etc., but in the case of
paragraph (1) 3 and 4, the amount of training allowances
announced by the Minister of Employment and Labor shall be
added, and in the case of paragraph (1) 5, part of the amount
of wages (restricted to item B of paragraph (1) 5) paid to the
replacement worker (the level of support shall be determined
and announced by the Minister of Employment and Labor) and
the wages provided during the paid leave shall be added. In
such cases, if the vocational skills development training is
conducted for workers engaged in production or similar work
and announced by the Minister of Employment and Labor to
encourage development of their skills or techniques or if
workers subject to a shift work system after the employer newly
implements a shift work system where workers are divided into
crews and work in shifts or increases the number of crews and
implements a shift work system (restricted to cases with four
crews or less) under Article 20 of the Act under Article 20 of
the Act and announced by the Minister of Employment and
Labor, the level of support may be set higher. <Amended by
No. 22603, Dec. 31, 2010>
(3) For employers who conduct vocational skills development
training for a person falling under any of the following subparagraphs,
the level of support may be set higher under the conditions
Labor notwithstanding paragraph (2). In such cases, part or all
of the amount of wages paid during the training period may be
subsidized:<Amended by Presidential Decree No. 22269, Jul. 12, 2010>
1. Fixed-term workers under subparagraph 1 of Article 2 of
the Act on the Protection, etc., of Fixed-term or Part-time
Employees;
2. Part-time workers under Article 2 (1) 8 of the Labor
Standards Act;
3. Dispatched workers under the Act on the Protection, etc.,
of Dispatched Workers; and
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1. EMPLOYMENT LAWS
4. Daily workers
(4) Necessary matters concerning the scope of support for
training expenses and training allowances for vocational skills
development training, the maximum amount of subsidy, the
application procedures and other necessary matters shall be
Article 42 (Limits on Support for Expenses)
(1) The annual total amount of vocational skills development
training expenses which an employer is entitled to receive in
accordance with Article 28 shall be 100/100 (240/100 in cases of
a preferentially supported enterprise) of the premiums for
employment security and vocational skills development programs
from among the employment insurance premiums the employer
covers during the year concerned pursuant to Article 13 (1) 1
and Article 16-3 of the Insurance Premium Collection Act or the
premiums for employment security and vocational skills development
programs from among the estimated employment insurance premiums
the employer is liable to pay during the year concerned pursuant
to Article 13 (1) 1 and Article 17 (1) of the Insurance Premium
Collection Act: provided that, the annual total amount of expenses
that can be paid to an employer falling under any subparagraph
of Article 18 (2) may be limited to 130/100 (300/100 in cases of a
preferentially supported enterprise) of the insurance premiums for
employment security and vocational skills development programs
from among the employment insurance premiums the employer
covers during the year concerned or the premiums for employment
security and vocational skills development programs from among
the estimated employment insurance premiums which the
employer is liable to pay during the year concerned. <Amended
by Presidential Decree No. 22603, Dec. 31, 2010>
(2) If an employer provides training whose courses recognized
in accordance with Article 24 of the Workers Vocational Skills
Development Act for workers hired in a business other than
his/her business, the employer may be paid up to 80/100 of
the premiums for employment security and vocational skills
development programs from among the employment insurance
premiums the employer covers during the year concerned or
the premiums for employment security and vocational skills
development programs from among the estimated employment
insurance premiums which the employer is liable to pay during
the year concerned. <Amended by Presidential Decree No. 22603,

Dec. 31, 2010>

(3) Notwithstanding paragraphs (1) and (2), when the amount
of subsidy is less than the minimum amount determined by the
Minister of Employment and Labor in consideration of size and
type of enterprise, the amount of subsidy shall be the minimum
amount determined by the Minister of Employment and Labor.
(4) Any of the following subsidies shall not be included in
the upper limit of support for vocational skills development
training expenses the employer is entitled to receive pursuant to
paragraphs (1) through (3): <Amended by Presidential Decree No. 25022,
Dec. 24, 2013>
1. A subsidy for vocational skills development training which
is vocational skills development training under Article 41 (1) 1
and provided as initial training under Article 3 (1) 1 of the
Enforcement Decree of the Workers Vocational Skills Development
Act;
2. A subsidy for vocational skills development training under
Article 41 (1) 3 and 4; and
3. A subsidy for vocational skills development training under
Article 41 (1) 5 A and B. In such cases, the amount shall be
limited to the part of the wages paid during paid leave and the
wages paid to the replacement worker, which is subsidized
pursuant to paragraph (2) of the same Article.
Article 43 (Support for Development of Vocational Skills of Workers)
(1) If an insured person who falls under any of the following
subparagraphs receives vocational skills development training under
subparagraph 1 of Article 2 of the Workers Vocational Skills
Development Act (hereinafter referred to as “vocational skills
development training”), the Minister of Employment and Labor
may support all or part of the necessary expenses, as prescribed
by the Ordinance of the Ministry of Employment and Labor
pursuant to Article 29 (1) of the Act: <Amended by Presidential
Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 22603, Dec.
31, 2010; Presidential Decree No. 23139, Sep. 15, 2011; Presidential
Decree No. 23513, Jan. 13, 2012; and Presidential Decree No. 25022,
Dec. 24, 2013>
1. An insured person employed in a preferentially supported
enterprise;
2. An insured person falling under any subparagraph of Article
41 (3);
3. An insured person who is self-employed;
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1. EMPLOYMENT LAWS
4. An insured person who is due to leave his/her job within

180 days from the date of applying for employment training
to the head of the competent Employment Security Office;
5. An insured person who has been on unpaid leave for 90
days or more due to a managerial reason;
6. An insured person aged 50 or over who is employed in
a large enterprise; and
7. An insured person who has not received vocational skills
development training provided by an employer under
Article 27 of the Act for three years or more.
(2) The expenses incurred for the vocational skills development
training referred to in paragraph (1) may be paid either to the
insured person who receives the training or the institution
which provides the training: Provided that if the insured person
who receives the training has settled the training expenses using
a credit card prescribed in subparagraph 3 of Article 2 of the
Specialized Financial Credit Business Act, under the conditions
determined by the Minister of Employment and Labor, and then
the credit card business which issued the credit card has paid
the training expenses to the training institution, the Minister of
Employment and Labor may pay the training expenses to the
credit card business on behalf of the insured person who
receives the training. <Newly Inserted by Presidential Decree
No. 25022, Dec. 24, 2013>
(3) Necessary matters concerning the scope of training courses
for which training expenses may be supported pursuant to
paragraph (1), support procedures, etc., shall be prescribed by
<Amended by Presidential Decree No. 20775, Apr. 30, 2008 and
Dec. 24, 2013>
Article 44 Deleted. <Presidential Decree No. 23139, Sep. 15, 2011>
Article 45 (Loans for Skills Development Expenses)
(1) If an insured person (self-employed insured persons shall
be limited to those for whom the number of days passed since
subscription to insurance totals 180 as of the date of announcement
of the loan business for the relevant year) enters or attends a
school or any of the following facilities at his/her own expenses,
the Minister of Employment and Labor may provide loans for
all or part of the school expenses within the limits of the

budget pursuant to Article 29 (1) of the Act: <Amended by

Presidential Decree No. 20799, Jun. 5, 2008; Presidential Decree No.
21348, Mar. 12, 2009; Presidential Decree No. 22269, Jul. 12, 2010;
Presidential Decree No. 22356, Aug. 25, 2010; and Presidential
Decree No. 23513, Jan. 13, 2012>
1. A polytechnic college under the Workers Vocational Skills
Development Act;
2. A cyber college-type lifelong educational institution, the
graduates of which are recognized as having academic
attainments and degrees equal to those of the graduates
of a junior college or university under Article 33 (3) of
the Lifelong Education Act; and
3. A school under Article 2 of the Higher Education Act.
(2) If an insured person receives vocational skills development
training, the Minister of Employment and Labor may provide
loans for all or part of the training fees within the limits of the
budget: Provided that this shall not apply if the worker takes a
course falling under any of the following subparagraphs:
1. Information exchange activities such as seminars, symposiums,
etc., or liberal arts courses to obtain general knowledge,
knowledge of current affairs, etc.;
2. Courses intended to enjoy hobbies, recreation, sports, etc. ;
and
3. Other courses recognized by the Minister of Employment
and Labor as unsuitable as vocational skills development
training courses
(3) The scope of those who are eligible to receive loans for
training fees for foreign language courses from among the
vocational skills development training under paragraph (2) shall
be determined by the Minister of Employment and Labor.
(4) Loan conditions, such as interest rates and repayment
periods of the loans, etc. prescribed in paragraphs (1) through
(3) shall be determined by the Minister of Employment and Labor
in consultation with the Minister of Strategic Planning and
Finance. <Amended by Presidential Decree No. 20681, Feb. 29. 2008
(5) The selection of those eligible for loans, application
procedures, frequency of loans and other necessary matters on
the loans prescribed in paragraphs (1) through (3) shall be
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1. EMPLOYMENT LAWS

Article 46 (Support for Skills Development Expenses)
(1) The Minister of Employment and Labor may, if an
insured person (excluding self-employed insured persons) of a
preferentially supported enterprise who enters or attends a school
or facility falling under any subparagraph of Article 45 (1)
shows excellent academic performance, support all or part of
the school expenses within the limits of the budget pursuant to
Article 29 (1) of the Act. <Amended by Presidential Decree No. 22269,
Jul. 12, 2010 and Presidential Decree No. 23513, Jan. 13, 2012>
(2) Necessary matters concerning the selection of those eligible
for the support under paragraph (1), the amount of support, the
method of support, etc., shall be determined by the Minister of
Employment and Labor. <Amended by Presidential Decree No.
22269, Jul. 12, 2010>
Article 47 (Support for Employment Training)
(1) Pursuant to Article 29 (2) of the Act, the Minister of
Employment and Labor may provide employment training to
unemployed people deemed to need vocational skills development
training to start up business or be employed: <Amended by
Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 23139,
Sep. 15, 2011; and Presidential Decree No. 25022, Dec. 24, 2013>
(2) The expenses incurred for the employment training
referred to in paragraph (1) may be paid either to the person
who receives the training or the institution which provides the
training: Provided that if the person who receives the training
has settled the training expenses using a credit card prescribed
in Article 2 of the Specialized Financial Credit Business Act,
under the conditions determined by the Minister of Employment
and Labor, and the credit card business which issued the credit
card has paid the training expenses to the training institution,
the Minister of Employment and Labor may pay the training
expenses to the credit card business on behalf of the person
who receives the training. <Amended by Presidential Decree No. 21152,
Dec. 3, 2008 and Presidential Decree No. 22269, Jul. 12, 2010>
(3) If an unemployed person who receives the employment
training referred to in paragraph (1) is not eligible to receive

job-seeking benefits under Article 43 (1) of the Act, the Minister

of Employment and Labor may provide training allowances.
Presidential Decree No. 23139, Sep. 15, 2011; and Presidential Decree
No. 25022, Dec. 24, 2013>
(4) The Minister of Employment and Labor may make a
loan for all or part of training expenses to an unemployed person
who was once an insured person and receives the employment
training referred to in paragraph (1). <Amended by Presidential
Decree No. 22269, Jul. 12, 2010 Presidential Decree No. 23139, Sep.
loans under paragraph (4), loan procedures, and the frequency
of loans, and other necessary matters shall be prescribed by the
(6) Institutions conducting employment training under paragraph
(1) and other necessary matters concerning the implementation
of employment training shall be prescribed by the Ordinance of
Decree No. 22269, Jul. 12, 2010 and Presidential Decree No. 23139,
Sep. 15, 2011>
Sep. 15, 2011>
Article 47-2 (Provision of Loans for Living Costs During Vocational
Skills Development Training)
(1) “A low-income insured person, etc., prescribed by the
Presidential Decree” in Article 29 (3) of the Act refers to a person
falling under any of the following subparagraphs:<Amended by
No. 25022, Dec. 24, 2013>
1. An insured person who falls under any subparagraph of
Article 41 (3) and meets the selection criteria determined
after taking into consideration the income level, previous
loan record, etc.;
2. A person (excluding a person who receives unemployment
benefits pursuant to Article 4 of the Act) who was an
insured person out of employment when applying for
loans for living costs pursuant to Article 29 (3) of the Act
and meets the selection criteria determined and announced
by the Minister of Employment and Labor after taking
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1. EMPLOYMENT LAWS
into consideration the income level of the spouse, relations

with lineal descendents and ascendents, previous loan
record, etc.; and
3. An insured person under subparagraph 1 B of Article 2
of the Act who meets the selection criteria determined
after taking into consideration the income level, previous
loan record, etc.
(2) Loans for the living costs referred to in Article 29 (3) of
the Act may be provided within the limits of available budgets.
(3) With regard to a person who applies for loans for living
costs as he/she receives vocational skills development training,
the Minister of Employment and Labor shall decide whether or
not to provide loans after finding out if he/she is a person eligible
for such loans under paragraph (1). <Amended by Presidential Decree
No. 22269, Jul. 12, 2010>
(4) Matters concerning the procedures for the loan application
and decision referred to in paragraph (3), matters concerning
the cancelation of loan decisions, the loan amount and repayment
method and other necessary matters for the operation of the
loan system shall be determined and announced by the Minister
of Employment and Labor. <Amended by Presidential Decree No.
22269, Jul. 12, 2010>
Mar. 12, 2009>
Article 48 (Loans for Expenses of Vocational Skills Development
Training Facilities, etc.)
loans, within the limit of the budgets, for the expenses required
to set up vocational skills development training facilities and
purchase equipment, to an employer, an employers’ organization
or a workers’ organization that provides or intends to provide
vocational skills development training pursuant to Article 30 of
the Act, a vocational skills development training corporation
which is established with the permission of the Minister of
Employment and Labor pursuant to Article 32 of the Workers
Vocational Skills Development Act, and a person who installs
and operates a vocational skills development training facility
designated pursuant to subparagraph 3 B of Article 2 of the
Workers Vocational Skills Development Act. <Amended by
(2) The loan conditions, such as interest rates, loan periods,

etc., for the loans under paragraph (1) shall be determined by

the Minister of Employment and Labor in consultation with the
Minister of Strategic Planning and Finance. In such cases, the
interest rate may be set differently for employers of preferentially
supported enterprises or employers' organizations to which the
enterprises belong and employers or employers' organizations
that conduct or intend to conduct the vocational skills development
program under Article 52 (1) 6. <Amended by Presidential Decree
No. 20681, Feb. 29. 2008 and Presidential Decree No. 22269, Jul. 12, 2010>
(3) Necessary matters concerning the maximum loans for the
expenses under paragraph (1), loan procedures, etc., shall be
Facilities, etc.)
(1) If an employer, an employers' organization or a confederation
of such organizations alone or jointly installs vocational skills
development training facilities or purchase vocational skills
development training equipment to conduct training in the
types of occupations announced by the Minister of Employment
and Labor, including the preferentially selected types of occupations
under Article 53 (2), or a public organization which installed
public vocational training facilities pursuant to subparagraph 3
A of Article 2 of the Workers Vocational Skills Development Act
renovates or repairs decrepit facilities or purchase equipment,
the Minister of Employment and Labor may support part of the
expenses for installing the facilities and purchasing the equipment
within the limit of the budgets pursuant to Article 30 of the Act.
In such cases, preferential treatment can be given for employers
of preferentially supported enterprises or employers' organizations
to which the enterprises belong and employers or employers'
organizations that conduct the vocational skills development
program under Article 52 (1) 6. <Amended by Presidential Decree
No. 22269, Jul. 12, 2010>
(2) Necessary matters concerning the maximum amount of
support for expenses under paragraph (1) and procedures for
support shall be prescribed by the Ordinance of the Ministry of
22269, Jul. 12, 2010>
Article 50 Deleted. <Presidential Decree No. 20775, Apr. 30, 2008>
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1. EMPLOYMENT LAWS
Article 51 (Support for Qualification Test Projects)

(1) With regard to those who undertake a project falling
under any of the following subparagraphs, the Minister of
Employment and Labor may support all or part of the expenses
necessary for the project pursuant to Article 31 (1) 2.: <Amended
by Presidential Decree No. 21015, Sept. 18, 2008 and Presidential
Decree No. 22269, Jul. 12, 2010>
1. A qualification test project carried out by an employer to
improve workers' skills; and
2. A project carried out by a national technical qualification
test agency under the National Technical Qualification Act
to make it convenient for insured persons to acquire a
qualification;
(2) The qualification test project under paragraph (1) 1 shall
meet all of the following requirements:
1. The qualification test project shall be undertaken by an
employer alone or jointly for workers of the business
concerned or a business related to the business concerned;
2. The qualification test project shall be directly related to
knowledge and skills needed in the business concerned;
3. Regulations giving preferential treatment to workers who
have acquired the qualification in terms of promotion, pay
raises, remunerations, etc., shall be established and implemented;
4. In relation to the test project, any expenses, including test
fees, shall not be collected from workers who intend to
acquire the qualification;
5. The qualification test shall not be for profits; and
6. The qualification test project shall meet other requirements
2010>
method of the support under paragraph (1), etc., shall be
Article 52 (Promotion of Vocational Skills Development)
(1) "Activities prescribed in the Presidential Decree” in
Article 31 (1) 3 of the Act refers to the following activities:
<Amended by Presidential Decree No. 21348, Mar. 12, 2009;
Presidential Decree No. 22026, Feb. 8, 2010; Presidential Decree No.
22269, Jul. 12, 2010; Presidential Decree No. 22356, Aug. 25, 2010;

and Presidential Decree No. 23513, Jan. 13, 2012>

1. Research and studies related to vocational skills development
programs;
2. Educational and public relations activities for vocational
skills development programs;
3. Development, publication and distribution of training media
for vocational skills development programs;
4. Vocational skills development programs conducted in
cooperation by an employer's organization, a workers'
organization or a confederation of such organizations;
5. Programs to support the system of certifying the best
companies for human resources development;
6. Vocational skills development programs that after signing
an agreement with two or more employers providing
vocational skills development training, an employer, an
employers' organization, a school under Article 2 of the
Higher Education Act etc., carries out for the workers of
those employers under the agreement;
7. Education and training programs implemented to cultivate
vocational skills development training instructors under
Articles 36 and 37 of the Workers Vocational Skills Development
Act and human resources managers under Article 19 (1) 6
of the Enforcement Decree of the same Act and to develop
their skills;
8. Vocational skills development training provided pursuant
to Article 12 of the Workers Vocational Skills Development
Act;
9. Education and training provided as the education and
training courses polytechnic colleges shall offer pursuant
to Article 40 of the Workers Vocational Skills Development
Act;
10. Vocational skills development training (limited to excellent
training courses recognized by the Minister of Employment
and Labor) provided to improve the core job skills of
employers or workers of preferentially supported enterprises;
11. Vocational skills development programs implemented to
promote learning organization, such as expanding opportunities
for workers of preferentially supported enterprises to
acquire job knowledge or enabling them to accumulate
and share job knowledge within their companies, etc.;
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1. EMPLOYMENT LAWS
increase the capabilities of employers or human resources

managers of preferentially supported enterprises to
develop human resources;
13. Programs to support systematic on-the-job training by
preferentially supported enterprises;
15. Other activities to promote vocational skills development.
(2) If a vocational skills development program under paragraph
(1) 6 is carried out, the Minister of Employment and Labor may
provide the sum of the amounts (hereinafter referred to as
"individual amounts" in this paragraph) obtained by multiplying
the maximum amount of subsidy for vocational skills development
training expenses each employer who has signed the agreement
is entitled to receive yearly pursuant to Article 42 (1) through
(3) by the ratio determined and announced by the Minister of
Employment and Labor directly to the operator of the relevant
vocational skills development program. In such cases, the
individual amounts shall be considered to have been provided
within the upper limit of support for expenses each employer
who has signed the agreement is subject to pursuant to Article
42 (1) through (3). <Newly Inserted by Presidential Decree No.
23513, Jan. 31, 2012>
(4) Necessary matters concerning the application for support
for expenses under paragraph (1), support method, etc., shall be
determined by the Minister of Employment and Labor. <Amended
Decree No. 23513, Jan. 13, 2012>
Article 53 (Entrustment of Vocational Skills Development Training
Programs)
entrust the implementation of vocational skills development
training programs pursuant to Article 31 (2) of the Act, he/she
shall establish a plan for the vocational skills development training
programs to be entrusted every year. <Amended by Presidential
Decree No. 22269, Jul. 12, 2010>
(2) The vocational skills development training programs
prescribed in paragraph (1) shall be regarded as vocational
skills development training for national key and strategic
industry occupations (hereinafter referred to as "national key
and strategic industry occupation training") under Article 15 of
the Workers Vocational Skills Development Act. <Amended by

(3) The provision of national key and strategic industry

occupation training shall be entrusted to a facility or an
institution prescribed in each paragraph of Article 12 of the
Act. <Amended by Presidential Decree No. 22603, Dec. 31, 2010>
(4) Necessary matters concerning the provision of national
key and strategic industry occupation training etc., such as
targeted trainees, training procedures and support for training
expenses and allowances for national key and strategic industry
occupation training, etc. shall be prescribed by the Ordinance of
Dec. 31, 2010>
Article 54 (Support for Vocational Skills Development of Construction
Workers)
Employment and Labor may, if an employer or an employers'
organization in the construction industry conducts vocational
skills development training to develop or improve the vocational
skills of construction workers who are not employed in a
specified workplace and are determined and announced by the
Minister of Employment and Labor, support part of the costs,
and if they provide training allowances to the construction workers
during the training, support the expenses required. <Amended by
(2) Article 41 (2) shall apply mutatis mutandis to the
support for vocational skills development training costs under
paragraph (1).
Article 55 (Support for Local Governments, etc.)
(1) “Not-for-profit corporation or organization prescribed by
the Presidential Decree” in Article 34 of the Act refers to a
not-for-profit corporation established by the law or established
after obtaining approval or permission from the State or a local
government or a not-for-profit organization registered under the
Assistance for Non-profit Non-governmental Organizations Act.
(2) The Minister of Employment and Labor may, if a local
government or the not-for-profit corporation or organization under
paragraph (1) carries out a project for the employment security,
employment promotion and vocational skills development of
insured persons, etc., support all or part of the costs within the
limits of the budget pursuant to Article 34 of the Act. <Amended
▮▮ 185
1. EMPLOYMENT LAWS

(3) The Minister of Employment and Labor shall, if he/she
intends to support the costs pursuant to paragraph (2), shall
announce the types and contents of projects eligible for the
support, the requirements for, contents and level of, and
application method of the support, etc., in advance. <Amended
Article 56 (Restrictions on Payment of Subsidies, etc., for Fraudulent
Acts)
(1) If an employer receives or intends to receive any of the
subsidies under Articles 17, 19, 22, 24 through 26, 28, 29, 33,
37, 38 and 55 in a false or other fraudulent ways, the Minister
of Employment and Labor shall not provide the amount of
subsidy remaining unpaid or the subsidy the employer intends
to receive and shall order a return of the subsidy already
received in a false or other fraudulent ways, pursuant to Article
35 (1) of the Act. <Amended by Presidential Decree No. 22603, Dec.
31, 2010; Presidential Decree No. 23139, Sep. 15, 2011; and
(2) If an employer receives or intends to receive any of the
subsidies under paragraph (1) in a false or other fraudulent
ways, the Minister of Employment and Labor shall restrict the
payment of any of the subsidies under paragraph (1) that is
newly provided, for a period shown in Table 2 but not exceeding
one year from the date of ordering a return or restricting the
payment under paragraph (1), pursuant to Article 35 (1) of the
Act: Provided that the payment restriction period may be
reduced by up to one third in consideration of the extent, motive
and results etc. of the fraudulent way. <Amended by Presidential
12, 2010; Presidential Decree No. 22603, Dec. 31, 2010; and
Presidential Decree No. 24155, Oct. 29, 2012>
(3) A person who has received a return order (including the
additional collection under Article 35 (2) of the Act; hereinafter
the same shall apply) under paragraph (1) shall pay the notified
amount within 30 days from the date on which he/she has
received the notification. In such case, the notified amount shall,
in principle, be paid in a lump sum, but if the amount exceeds
10 million won, it may be paid in installments under the
conditions determined by the Minister of Employment and
Labor. <Amended by Presidential Decree No. 22026, Feb. 8, 2010;
Presidential Decree No. 22269, Jul. 12, 2010; and Presidential Decree

No. 22603, Dec. 31, 2010>

(4) If a person who has received a return order pursuant to
paragraphs (1) and (3) or Article 56 of the Workers Vocational
Skills Development Act (restricted to return orders for the
amount subsidized or loaned from the Employment Insurance
Fund) fails to return payment by the set deadline, subsidies
under this Act or vocational skills development training
expenses under the Workers Vocational Skills Development Act
shall not be provided from the date the set deadline expires
until the date the obligation is fulfilled. <Amended by Presidential
Decree No. 22026, Feb. 8, 2010; Presidential Decree No. 22356, Aug.
Article 57 (Performing Duties by Proxy)
(1) “Person prescribed by the Presidential Decree” in Article
36 of the Act refers to the following persons: <Amended by
Presidential Decree No. 22356, Aug. 25, 2010>
1. Human Resources Development Service of Korea under
the Act on the Human Resources Development Service of
Korea;
2. Polytechnic colleges under the Workers Vocational Skills
Development Act; and
3. Vocational skills development organizations under Article
23 of the Workers Vocational Skills Development Act
(2) The Minister of Employment and Labor shall, if performing
duties by proxy pursuant to Article 36, financially support the
expenses needed to perform duties from the Employment Insurance
Fund. <Amended by Presidential Decree No. 22269, Jul. 12, 2010>
CHAPTER Ⅳ
Unemployment Benefits
Article 58 (Determination and Notification of Unemployment Benefits)

If the head of an Employment Security Office has decided
whether to pay unemployment benefits, he/she shall inform the
applicant of the decision: Provided that if the head of an
Employment Security Office has decided to pay unemployment
benefits, he/she may record the fact in the applicant's certificate
of eligibility for employment insurance benefits pursuant to
▮▮ 187
1. EMPLOYMENT LAWS
Article 62 and deliver it to the applicant instead of giving the

notification.
Article 59 (Drawing Up Original Register of Benefits)
(1) The head of an Employment Security Office shall, if
he/she pays unemployment benefits, draw up an original register
of benefits for each recipient of unemployment benefits.
(2) At the request of a person who is related to the insurance,
the head of an Employment Security Office shall make the
original register of benefits available to the person and issue the
person with a certificate if it is deemed necessary.
Article 60 (Causes for Extension of Base Period)
“Other reasons prescribed by the Presidential Decree” in
Article 40 (2) refers to the following causes: Provided that this
shall not apply in cases where money or valuables determined
by the Minister of Employment and Labor are given pursuant
to the proviso of subparagraph 5 of Article 2 of the Act.
1. Temporary shutdown of business;
2. Leave due to pregnancy, childbirth, and child care; and
3. Leave or other similar causes determined and announced
by the Minister of Employment and Labor.
Article 61 (Job-seeking Application and Application for Recognition
of Eligibility for Benefits)
(1) A person who intends to report his/her unemployment
pursuant to Article 42 of the Act shall make a job-seeking
application as referred to in Article 9 of the Employment Security
Act through the electronic network. <Amended by Presidential
Decree No. 23139, Sep. 15, 2011>
(2) A person who has made a job-seeking application pursuant
to paragraph (1) shall submit an application for recognition of
eligibility for benefits to the head of the Employment Security
Office who has jurisdiction over his/her domicile: Provided that
in cases falling under any of the following subparagraphs,
he/she may submit it to the head of the relevant Employment
Security Office: <Newly Inserted by Presidential Decree No. 23139,
Sep. 15, 2011 and Amended by Presidential Decree No. 23513, Jan.
13, 2012>
1. Where a person intends to submit it to the head of the
Employment Security Office who has jurisdiction over the
area where he/she wants to be employed;


Employment Security Office who has jurisdiction over the
workplace before transferring to another job; and
competent Employment Security Office in a neighboring
area whose transportation is recognized more convenient
than the competent Employment Security Office of his/her
domicile.
(3) If a person who intends to report his/her unemployment
pursuant to paragraph (1) is issued with a confirmation document
on separation by the employer pursuant to Article 16 (2) of the
Act, he/she shall submit it to the head of the competent
Employment Security Office of his/her location: Provided that
this shall not apply in cases where it is difficult to issue a
confirmation document on separation due to obscurity of the
whereabouts of the employer who has employed the separated
person or other inevitable reasons. <Amended by Presidential
Decree No. 23139, Sep. 15, 2011>
(4) The head of an Employment Security Office who receives
an application for recognition of eligibility for benefits pursuant
to paragraph (2) (hereinafter referred to as “head of the competent
Employment Security Office of the application place”) shall
designate a date on which the reporting person shall be present
at the Employment Security Office to obtain recognition of
his/her unemployment (hereinafter referred to as “unemployment
recognition date”) pursuant to Article 44 (2) of the Act, and
shall notify the reporting person of it. <Amended by Presidential
Decree No. 23139, Sep. 15, 2011>
Article 62 (Recognition of Eligibility for Benefits)
(1) If the head of an Employment Security Office receives
an application for recognition of eligibility for benefits pursuant
to Article 61, he/she shall give a certificate of eligibility for
employment insurance benefits (hereinafter referred to as “eligibility
certificate”) to the applicant on the date when the unemployment
is first recognized, if the applicant is recognized as being eligible
to receive job-seeking benefits under Article 43 (1) of the Act.
(2) If a person who has submitted an application for recognition
of eligibility for benefits is not recognized as being eligible to
receive job-seeking benefits under Article 43 (1) of the Act, the
head of the Employment Security Office shall inform the applicant
concerned of this.
(3) If an eligibility certificate issued pursuant to paragraph
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1. EMPLOYMENT LAWS
(1) is worn out or lost, the eligible recipient shall apply for the
re-issuance to the head of the competent Employment Security
Office of his/her application place.<Amended by Presidential
Decree No. 23139, Sep. 15, 2011>
(4) If an eligible recipient changes or corrects his/her name,
resident registration numbers, address or dwelling place, he/she
shall report this fact to the head of the competent Employment
Security Office of his/her application place. In such cases, the
head of the Employment Security Office shall modify the related
details in the eligibility certificate and return it. <Amended by
Presidential Decree No. 23139, Sep. 15, 2011>
(5) A person issued with an eligibility certificate pursuant to
paragraph (1) may request the head of the Employment Security
Office who has recognized his/her eligibility for benefits to
issue a document containing particulars that are the basis for
recognition of eligibility for benefits.
Article 63 (Recognition of Unemployment)
(1) If an eligible recipient intends to have his/her unemployment
recognized pursuant to Article 44 (2) of the Act, he/she shall
present himself/herself at the competent Employment Security
Office of his/her application place on the unemployment recognition
date, fill out an application for recognition of unemployment
with the details of his/her reemployment activities carried out
from the day following his/her previous unemployment recognition
date to the unemployment recognition date concerned, and submit
it together with his/her eligibility certificate. <Amended by
(2) If the head of an Employment Security Office recognizes
unemployment as provided in paragraph (1), he/she shall
record this in the eligibility certificate and return it.
(3) The standards for recognition of reemployment activities
under paragraph (1) shall be prescribed by the Ordinance of the
Decree No. 22269, Jul. 12, 2010>
Article 64 (Special Causes for Recognition of Unemployment)
"Causes prescribed by the Presidential Decree” in Article 44
(2) 2 of the Act refers to causes falling under any of the
following subparagraphs:
1. Where natural disasters occur;
2. Where the ratio of the monthly number of those who
apply for recognition of eligibility for job-seeking benefits

to the number of insured persons at the end of each

month (hereinafter referred to as “eligibility application
rate”) exceeds 1/100 for two consecutive months; and
3. Where a decision to pay special extended benefits
pursuant to Article 53 of the Act is made.
Article 65 (Special Cases of Recognition of Unemployment)
“Other eligible recipients prescribed by the Presidential
Decree” in Article 44 (2) 3 of the Act refers to any of the
following persons: <Amended by Presidential Decree No. 22269, Jul.
Decree No. 23139, Sep. 15, 2011; Presidential Decree No. 24333, Jan.
1. A person who is unable to be present at the Employment
Security Office on the unemployment recognition date due
to employment, an interview with a job offerer or other
unavoidable reasons and has applied for a change of the
unemployment recognition date to the competent Employment
Security Office of his/her application place at least one
day prior to the unemployment recognition date;
2. A person who was unable to be present on the unemployment
recognition date or until the day before the unemployment
recognition date due to employment, an interview with a
job offerer or other unavoidable reasons, and has applied
for a change of the unemployment recognition date to the
competent Employment Security Office of his/her application
place within 14 days after the reason ceases to exist;
3. A person who was unable to be present at the Employment
Security Office on the unemployment recognition date or
until the day before it due to seven days or more of
employment, but makes an application, along with a
document proving his/her number of days employed, for
the recognition of his/her unemployment within two months
of the employment date via mail, fax or information
communication network: Provided that if the person's
acquisition of insured status is already reported pursuant
to Article 15 of the Act when he/she makes an application
for recognition of unemployment, he/she may not attach
a document proving his/her number of days employed;
4. A person who was unable to be present at the Employment
Security Office on the unemployment recognition date due
to his/her mistake but presents himself/herself at the
Employment Security Office within 14 days of the
▮▮ 191
1. EMPLOYMENT LAWS
unemployment recognition date to make an application

for a change of the unemployment recognition date (For
the eligible recipient, this is permitted only once during
the benefit period under Article 48 of the Act);
5. A person for whom the head of an Employment Security
Office deems it appropriate to change the unemployment
recognition date for reasons falling under any of the
following items:
A. Where the benefit period under Article 48 of the Act
expires;
B. Where the unemployment recognition date falls on a
holiday for government agencies in accordance with
the Regulations on Holidays for Government Agencies; or
C. Where there are other inevitable reasons.
6. A person for whom a decision on unemployment benefits
has been canceled or changed as a result of an examination,
re-examination or litigation under Article 87 (1) of the
Act or by virtue of the authority of the head of the
Employment Security Office;
7. A person who is certain to be employed within 30 days
from the unemployment recognition date; and
8. A person who lives on an island (excluding the main
island of Jeju Special Self-Governing Province and islands
connected by a seawall or a bridge, etc., to the mainland)
and applies for special cases of recognition of his/her
unemployment.
9. A person whom the head of an Employment Security
Office deems able to directly carry out reemployment activities
and report accrued income on the Internet.
Article 66 (Recognition of Unemployment by Certificate)
(1) If an eligible recipient intends to obtain recognition of
unemployment pursuant to subparagraphs 1, 2 and 4 of Article
44 (3), he/she shall present himself/herself at the competent
Employment Security Office of his/her application place on the
unemployment recognition date and submit an application for
recognition of unemployment, along with his/her eligibility
certificate and a certificate stating the reasons for not having
presented himself/herself previously, within 14 days after the
reason ceases to exist. <Amended by Presidential Decree No. 23139,
Sep. 15, 2011>
(2) Necessary matters concerning the details and issuer to be
stated in the certificate referred to in paragraph (1) shall be


(3) If an eligible recipient intends to obtain recognition of
unemployment pursuant to Article 44 (3) 3 of the Act, he/she
shall submit, directly or through an agent, an application for
recognition of unemployment, together with his/her eligibility
certificate and other certificates issued by job-training or other
institutions, to the head of the competent Employment Security
Office.
Article 67 (Measures to Promote Employment of Eligible Recipients)
“Measures prescribed by the Presidential Decree, such as
support for setting up plans for reemployment activities, job
placement, etc.,” in the former part of Article 44 (4) of the Act
refers to the following measures necessary to promote the
employment of eligible recipients:
1. Measures to provide support in setting up a plan for
reemployment activities;
2. Measures to provide information and education about the
insurance, including unemployment benefits;
3. Measures to provide in-depth counseling or guidance
about things to be prepared in advance for reemployment,
such as providing job aptitude tests and job information, etc.;
4. Measures to instruct ways of reemployment activities,
including techniques of searching for and using employment
information, such as job openings, training, etc., and
resume writing and interview techniques;
5. Measures to provide job information and job placement
services, accompany an applicant to an interview, and
provide opportunities to participate in employment-related
events; and
6. Measures necessary to promote reemployment, such as
providing counseling over the need for training, providing
information on suitable training courses and instructing
training, etc.
Article 68 (Ceiling Amount of Basic Daily Wage for Benefits)
(1) If in accordance with Article 45 (5) of the Act, the basic
daily wage which is the basis for the calculation of job-seeking
benefits, exceeds eighty thousand won, the basic daily wages
shall be eighty thousand won.
(2) The Minister of Employment and Labor shall, if it is
deemed necessary to make an adjustment given price increase
▮▮ 193
1. EMPLOYMENT LAWS
rates, economic fluctuations, wage increase rates, etc., after an

amount is applied pursuant to paragraph (1), consider changing
the amount concerned <Amended by Presidential Decree No. 22269,
Jul. 12, 2010>
Article 69 (Provision of Services, etc.)
(1) If an eligible recipient actually offered services in accordance
with Article 47 (1) of the Act, he/she shall state this in an
application for recognition of unemployment that is submitted
on the first unemployment recognition date since the date on
which he/she offered the services concerned.
(2) The criteria for judging whether the provision of services
referred to in paragraph (1) is considered a state of employment
shall be prescribed by the Ordinance of the Ministry of
22269, Jul. 12, 2010>
Article 70 (Reasons for Postponement of Benefit Period)
“Other causes provided for by the Presidential Decree” in
Article 48 (2) of the Act refers to the following causes:
<Amended by Presidential Decree No. 22269, Jul. 12, 201 and;
1. Illness or injury of the recipient (excluding illness or
injury for which injury and disease benefits are paid
pursuant to Article 63 of the Act);
2. Illness or injury of the recipient's spouse (limited to cases
where full-time care by the recipient is needed);
3. Illness or injury of a lineal ascendant or descendant of
the recipient or his/her spouse;
4. Change of residence for living together due to overseas
assignment of the recipient's spouse, etc.;
5. Mandatory military service under the Military Service Act;
6. Detention or execution of sentence on criminal charges
(excluding those not eligible to receive benefits pursuant
to subparagraph 1 A of Article 58; and
7. Reasons equivalent to the causes under subparagraphs 1
through 6 and prescribed by the Ordinance of the Ministry
of Employment and Labor
Jan. 13, 2012>
Article 71 (Application for Postponement of Benefit Period)
(1) A person who intends to report the fact that he/she is
unable to find employment pursuant to Article 48 (2) of the Act

shall, directly or through an agent, submit an application for

postponement of benefit period along with his/her eligibility
certificate (limited to cases where he/she is issued with an
eligibility certificate) to the competent Employment Security Office
of his/her application place during the benefit period; Provided
that in the case of a natural disaster, mandatory military service
under the Military Service Act, or other unavoidable reasons,
they shall be submitted within 30 days from the date on which
the cause ceases to exist. <Amended by Presidential Decree No. 23139,
Sep. 15, 2011 and Presidential Decree No. 23513, Jan. 13, 2012>
(2) Notwithstanding paragraph (1), if a person receives
medical-care benefits in accordance with Article 40 of the Industrial
Accident Compensation Insurance Act, he/she shall be deemed
to have made a report pursuant to Article 48 (2) of the Act on
the first day of the medical care. <Amended by Presidential Decree
No. 20875, Jun. 25, 2008>
(3) The head of an Employment Security Office shall, if the
report under paragraph (1) is deemed to have a cause for the
postponement of the benefit period, give a benefit period
postponement notice to the reporting person, record necessary
details in the eligibility certificate and return it to the person.
<Amended by Presidential Decree No. 23513, Jan. 13, 2012>
(4) A person who receives a benefit period postponement
notice pursuant to paragraph (3) shall, if the cause for the
postponement of the benefit period ceases to exist, or changes
are made to matters prescribed by the Ordinance of the Ministry
of Employment and Labor in the application for postponement
of benefit period, report this to the head of the competent
Employment Security Office of his/her application place without
delay, and submit his/her benefit period postponement notice
and eligibility certificate to him/her. <Amended by Presidential
Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 23139, Sep.
15, 2011; and Presidential Decree No. 23513, Jan. 13, 2012>
(5) The head of an Employment Security Office shall, if
he/she receives a report pursuant to paragraph (4), record the
related matters in the benefit period postponement notice and
eligibility certificate and return them to the reporting person.
Jan. 13, 2012>
Article 72 (Payment of Benefits for Extended Training)
“Period prescribed by the Presidential Decree” in the latter
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1. EMPLOYMENT LAWS
part of Article 51 (2) of the Act shall be two years.

Article 73 (Payment, etc. of Individual Extended Benefits)
(1) “Person prescribed by the Presidential Decree” in Article
52 (1) of the Act refers to an eligible recipient who meets all of
the following requirements: <Amended by Presidential Decree No.
22026, Feb. 8, 2010 and Presidential Decree No. 22269, Jul. 12, 2010>
1. A person who fails to find a job even after applying at
least three times for jobs placed by the head of an
Employment Security Office (including cases of participating
in-depth counseling or group counseling held by the head
of an Employment Security Office) from the unemployment
report date under Article 42 (1) of the Act until the expiry
of the job-seeking benefits period and has dependent
family members falling under any of the following items:
A. A person aged under 18 or person aged 65 or older;
B. The disabled under the Act on Employment Promotion
and Vocational Rehabilitation for the Disabled; and
C. A patient requiring one month or more of medical care;
D. A spouse without income;
E. A person engaged in studies determined and announced
3. A person for whom the sum of his/her basic daily wage
for calculating benefits and the value of properties of the
person and his/her spouse is less than the level announced
(2) The payment days of individual extended benefits under
Article 52 (2) of the Act shall be up to 60 days, and the
payment period may be set to less than 60 days with consideration
of the extent of repeatedly receiving unemployment benefits for
a certain period pursuant to the standards determined by the
Decree No. 22603, Dec. 31, 2010>
(3) If an eligible recipient intends to receive individual
extended benefits under Article 52 of the Act, he/she shall
submit an application for individual extended benefits, along
with his/her eligibility certificate, to the head of the competent
Employment Security Office of his/her application place no later
than the expiry date of the job-seeking benefits. <Amended by
(4) Necessary matters concerning the payment of individual
extended benefits provided for in paragraph (1) shall be


Article 74 (Payment of Special Extended Benefits)
“Causes prescribed by the Presidential Decree” in Article 53
(1) of the Act refers to cases falling under any of the following
subparagraphs: Provided that in the case of subparagraphs 1
through 3, they shall be limited to cases where such situation is
expected to continue:<Amended by Presidential Decree No. 21348,
Mar. 12, 2009>
1. Where the ratio of the monthly number of those who
receive job-seeking benefits (excluding those who receive
benefits for extended training, individual extended benefits
or special extended benefits in accordance with Articles
51 through 53 of the Act) to the number of insured persons
as of the end of the month concerned exceeds 3/100 for
three consecutive months;
2. Where the monthly eligibility application rate exceeds
3/100 for three consecutive months;
3. Where the monthly unemployment rate exceeds 6/100 for
three consecutive months; and
4. Where the Employment Policy Council decides that it is
needed to pay the special extended benefits referred to in
Article 53 of the Act due to the rapid deterioration of the
employment situation, such as a sharp increase in
unemployment, etc.
Article 75 (Procedures for Payment of Job-seeking Benefits)
(1) An eligible recipient shall, on the first unemployment
recognition date when he presents himself/herself at the competent
Employment Security Office of his/her application place, designate
and report a financial institution and an account through which
he/she wants to receive job-seeking benefits. The same shall
apply in the case of changing a financial institution and an
account. <Amended by Presidential Decree No. 23139, Sep. 15, 2011>
(2) Job-seeking benefits shall be paid by sending them to an
account in the financial institution designated by the eligible
recipient.
Article 76 (Claim for Unpaid Job-seeking Benefits)
(1) A person who intends to claim payment of unpaid
job-seeking benefits under Article 57 (1) of the Act (hereinafter
referred to as “unpaid benefit claimant”) shall submit a claim
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1. EMPLOYMENT LAWS
for the unpaid unemployment benefits to the head of the

competent Employment Security Office of the application place
of the deceased eligible recipient. <Amended by Presidential Decree
No. 23139, Sep. 15, 2011>
(2) If an unpaid benefit claimant intends to obtain recognition
of unemployment of the deceased eligible recipient pursuant to
Article 57 (2) of the Act, he/she shall present himself at the
competent Employment Security Office of the application place
of the deceased eligible recipient and submit a written claim for
the unpaid unemployment benefits and obtain recognition of
unemployment of the eligible recipient. <Amended by Presidential
Decree No. 23139, Sep. 15, 2011>
(3) When an unpaid benefit claimant submits a written
claim for unpaid unemployment benefits, he/she shall submit
the report or documents which would have to be submitted if
the deceased eligible recipient was to receive job-seeking benefit.
Article 77 (Mutatis Mutandis Application)
Article 75 shall apply mutatis mutandis to the procedures
for payment of job-seeking benefits to the unpaid benefit claimant.
In such cases, the term “competent Employment Security Office of
the application place” shall be read as “the competent Employment
Security Office of the application place of the deceased eligible
recipient”, and the term “eligible recipient” shall read “unpaid
benefit claimant.” <Amended by Presidential Decree No. 23139, Sep.
15, 2011>
Article 78 (Scope, etc., of Large Amount of Money and Valuables)
(1) “Money and valuables exceeding the amount prescribed
by the Presidential Decree” in Article 59 (1) of the Act refers to
money and valuables (excluding wages) of 100 million won or
more received at the time of separation from jobs, by whatever
name they are called, whether of retirement pay, retirement
consolation allowances, etc.
(2) “Person certain to receive the payment under the Presidential
Decree” in Article 59 (1) of the Act refers to a person who was
separated from an organization or a business falling under any
of the following subparagraphs: Provided that this shall not
apply in cases where the organization or business concerned is
faced with the situations prescribed by the Ordinance of the
Ministry of Employment and Labor, such as a declaration of
bankruptcy, etc. under the Debtor Rehabilitation and Bankruptcy
Act, curing a period from one year prior to the eligible recipient's

separation to the date of his/her unemployment report after the

separation: <Amended by Presidential Decree No. 21152, Dec. 3,
1. A public institution under Article 4 of the Act on the
Management of Public Institutions;
2. A local government-invested corporation and local government-
owned corporation under Articles 49 and 76 of the Local
Public Enterprise Act;
4. A business which has never delayed wage payment over
the one year prior to the date of separation.
Article 79 (Procedures for Suspending Payment of Job-seeking Benefits)
(1) The head of an Employment Security Office shall notify
a person who falls under any of the following subparagraphs in
advance that the payment of his/her job-seeking benefits may
be suspended, as prescribed by the Ordinance of the Ministry
of Employment and Labor: <Amended by Presidential Decree No.
22269, Jul. 12, 2010>
1. An eligible recipient who refuses to take a job placed by
the head of an Employment Security Office pursuant to
Article 60 (1) of the Act;
2. An eligible recipient who refuses to receive vocational
skills development training dictated by the head of an
Employment Security Office pursuant to Article 60 (1); and
3. An eligible recipient who refuses to receive vocational
guidance provided by the head of an Employment Security
Office to promote his/her reemployment pursuant to Article
60 (2).
(2) Notwithstanding the notification given under paragraph
(1), if the eligible recipient has refused twice or more to take a
job, vocational skills development training, etc., provided under
Article 60 (1) and (2) of the Act, the payment of his/her
job-seeking benefits shall be suspended.
(3) The head of an Employment Security Office shall, if suspending
the payment of job-seeking benefits pursuant to paragraph (2),
notify the eligible recipient of the reason for and period of the
suspension no later than the day before the next unemployment
recognition date and his/her unemployment shall not be recognized
during the period of suspension.
Article 80 (Fraudulent Acts Mitigating Restrictions on Payment of
Job-Seeking Benefits)
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1. EMPLOYMENT LAWS
“Reasons prescribed by the Presidential Decree” in Article 61

(2) of the Act refers to any of the following reasons which the
eligible recipient has:
1. Where the person fails to report the fact that he/she worked
during the period (hereinafter referred to as “period subject
to unemployment recognition” in this Article) which is
desired to be recognized as his/her unemployment period or
makes a false report, when applying for unemployment
recognition; and
2. Where the person makes a false report on his/her
reemployment activities conducted during the period
subject to unemployment recognition when applying for
unemployment recognition.
Article 81 (Return, etc., of Job-Seeking Benefits)
(1) Pursuant to Articles 61 or 62 of the Act, when the head
of an Employment Security Office has decided to restrict
payment of job-seeking benefits, order a return of already paid
job-seeking benefits or to collect an amount equivalent to the
job-seeking benefits, he/she shall notify the eligible recipient
(including an employer under Article 62 (2) of the Act) of this
without delay.
(2) A person who is ordered to return his/her job-seeking
benefits or pay an amount equivalent to the job-seeking benefits
pursuant to paragraph (1) shall pay them within 30 days from
the date on which the notification is received: Provided that if
the amount to be paid exceeds the amount determined by the
Minister of Employment and Labor, the Minister of Employment
and Labor may allow the installment payment at the request of
the person himself/herself. <Amended by Presidential Decree No.
22269, Jul. 12, 2010>
(3) The procedure for and period of the installment payment
pursuant to paragraph (2) shall be determined by the Minister
22269, Jul. 12, 2010>
Article 82 (Request for and Exceptions to Payment of Injury and
Disease Benefits)
(1) If an eligible recipient intends to request the payment of
injury and disease benefits under Article 63 (1) of the Act,
he/she shall, directly or through an agent, submit a written
application for injury and disease benefits, together with his/her
eligibility certificate and a certificate of disease, injury or childbirth

to the head of the competent Employment Security Office of

his/her application place within 14 days of the date on which
the reason for not to be able to work ceases to exist (within 30
days after the end of the benefit period, if the benefit period
under Article 48 of the Act expires during the period he/she is
unable to work): Provided that in the case of a natural disaster
or other inevitable reasons, they shall be submitted within seven
days from the date on which the reason ceases to exist.
<Amended by Presidential Decree No. 23139, Sep. 15, 2011>
(2) “Compensations or benefits prescribed by the Presidential
Decree” in Article 63 (4) of the Act refers to the following
compensations or benefits:
1. Compensations for temporary shutdown under Article 3
(2) 2 of the National Compensation Act; and
2. Compensations under Article 8 of the Act on the
Honorable Treatment of and Support for Persons Killed
or Wounded for Righteous Causes.
The provisions of Articles 69 and 75 through 81 shall apply
mutatis mutandis to injury and disease benefits. In such cases,
the term “application for unemployment recognition” in Article
69 shall be read as “application for injury and disease benefits”
and “job-seeking benefits” in Articles 75 through 81 shall be
read as “injury and disease benefits”.
Article 84 (Standards for Paying Early Reemployment Allowances)
(1) “Standards prescribed by the Presidential Decree” in Article
64 (1) of the Act refers to cases where an eligible recipient is
reemployed with more than one half of the prescribed number
of benefit days under Article 50 of the Act left as of the day
before the reemployment date after the waiting period under
Article 49 of the Act, and falls under any of the following
subparagraphs: <Amended by Presidential Decree No. 22026, Feb. 8,
2010; Presidential Decree No. 22269, Jul. 12, 2010; and Presidential
Decree No. 25022, Dec. 24, 2013>
1. Where the eligible recipient continues to be employed for
six months or more: Provided that cases where the eligible
recipient is reemployed by an employer prescribed by the
Ordinance of the Ministry of Employment and Labor,
who is his/her last employer or is related to the last
employer, or employed by an employer who promised to
hire him/her before the date of report of unemployment
▮▮ 201
1. EMPLOYMENT LAWS
under Article 42 of the Act shall be excluded; and

2. Where the eligible recipient continues to run his/her own
business for 12 months or more. In such cases, this shall
be limited to cases where the eligible recipient reports
his/her preparatory activities for running the business
concerned as his/her job-seeking activities during the
benefit period pursuant to Article 44 (2) of the Act and is
recognized as being unemployed.
(2) "Period prescribed by the Presidential Decree” in Article
64 (2) of the Act refers to two years.
Article 85 (Amount of Early Reemployment Allowances)
(1) The amount of early reemployment allowances under
Article 64 (3) of the Act shall be calculated by multiplying the
daily amount of his/her job-seeking benefits by one half of the
number of unpaid days.
Feb. 8, 2010>
Article 86 (Request, etc. for Early Reemployment Allowances)
(1) If an eligible recipient intends to receive early reemployment
allowances pursuant to Article 64 of the Act, he/she shall
submit a written application for early reemployment allowances,
together with the documents prescribed by the Ordinance of the
Ministry of Employment and Labor, to the head of the competent
Employment Security Office of his/her application place.
Presidential Decree No. 23139, Sep. 15, 2011; and Presidential Decree
No. 23513, Jan. 13, 2012>
(2) The written application for early reemployment allowances
under paragraph (1) shall be submitted at least 12 months after
the date on which he/she gets reemployed in a stable job or
begins to run his/her own business for profit in accordance with
Article 64 (1) of the Act. <Amended by Presidential Decree No.
22026, Feb. 8, 2010 and Presidential Decree No. 25022, Dec. 24, 2013>
(3) Article 75 shall apply mutatis mutandis to the procedures
for payment of early reemployment allowances.
Article 87 (Subsidy for Reemployment Promotion Activities)
(1) The Minister of Employment and Labor may, if one of
the staff of an Employment Security Office takes a measure
prescribed in Article 67 so that the eligible recipient can be

reemployed in a stable job with some benefit days left, assess

his/her relevant performance and provide a subsidy for
reemployment promotion activities within the limits of the
budget pursuant to Article 64 (5). <Amended by Presidential
Decree No. 22269, Jul. 12, 2010>
(2) Necessary matters concerning the performance assessment
for the payment of the subsidy for reemployment promotion
activities under paragraph (1), selection of those to be paid the
subsidy, payment method, amount of subsidy, etc., shall be
Article 88 (Vocational Skills Development Allowances)
(1) The vocational skills development allowances referred to
in Article 65 (3) of the Act shall be paid on the day when the
eligible recipient receives job training, etc., designated by the
head of an Employment Security Office, and which is designated
for payment of job-seeking benefits.
(2) The amount of vocational skills development allowances
under paragraph (1) shall be an amount determined and announced
necessary expenses for job training, etc., such as transport and
meal expenses, etc. <Amended by Presidential Decree No. 22269,
Jul. 12, 2010>
(3) Vocational skills development allowances shall be paid
on the date on which the job-seeking benefits of the eligible
recipient are paid. In such cases, Article 75 shall apply mutatis
mutandis to the procedures for the payment of vocational skills
development allowances.
(4) The procedures for application for vocational skills
development allowances shall be determined by the Ordinance
of the Ministry of Employment and Labor. <Amended by
Article 89 (Wide-Area Job-seeking Allowances)
(1) The wide-area job-seeking allowances under Article 66 (1)
of the Act shall be paid if the eligible recipient meets all of the
following requirements: <Amended by Presidential Decree No.
22269, Jul. 12, 2010>
1. The expenses required for job-seeking activities shall not
be paid by the employer of a business which the eligible
recipient visits for job-seeking activities, and even if paid,
they shall be less than the amount of wide-area job-seeking
▮▮ 203
1. EMPLOYMENT LAWS
allowances; and
2. The distance from the eligible recipient’s residence to the
place of the business visited for job-seeking activities shall
be the same as or farther than the distance prescribed by
In such cases, the distance shall be measured by the usual
route from the residence to the business place, and a
waterway shall be considered double the actual distance.
(2) The procedures for application for wide-area job-seeking
allowances shall be prescribed by the Ordinance of the Ministry
of Employment and Labor. In such cases, Article 75 shall apply
mutatis mutandis to the procedures for payment of wide-area
job-seeking allowances. <Amended by Presidential Decree No. 22269,
Jul. 12, 2010>
Article 90 (Moving Allowances)
(1) The moving allowances prescribed in Article 67 (1) of
the Act shall be paid if the eligible recipient meets all of the
following requirements: <Amended by Presidential Decree No. 22269,
Jul. 12, 2010 and Presidential Decree No. 23139, Sep. 15, 2011>
1. The eligible recipient shall be employed or come to
receive vocational training, and the head of the competent
Employment Security Office of his/her application place
shall deem it necessary to change the residence in
accordance with the standards determined by the Minister
of Employment and Labor;
2. The costs of moving the residence shall not be paid by
the employer who employs the eligible recipient, and even
if paid, the amount shall be less than the moving allowances;
and
3. The move shall be aimed at getting employment and the
eligible recipient shall be employed on a fixed-term labor
contract whose period is one year or longer.
(2) The procedures for application for moving allowances
Employment and Labor. In such cases, Article 75 shall apply
mutatis mutandis to the procedure for payment of moving
allowances. <Amended by Presidential Decree No. 22269, Jul. 12, 2010>
Article 91 (Fraudulent Acts Mitigating Restrictions on Payment of
Employment Promotion Allowances)
"Reasons prescribed by the Presidential Decree” in Article 68
(2) of the Act refers to cases falling under any subparagraph of

Article 80.
The provisions of Article 76 (1) and (3) and Article 81 shall
apply mutatis mutandis to the employment promotion allowances
referred to in Articles 64 through 67. In such cases, the term
“job-seeking benefits‘ shall be read as ”employment promotion
allowances“, ”eligible recipient“ as ’person eligible to receive
employment promotion allowances”, and “amount of job-seeking
benefits” as “amount of employment promotion allowances”.
Article 93 (Entrustment of Business)
The head of an Employment Security Office may, if it is
deemed necessary, and at the request of an eligible recipient,
entrust unemployment benefits-related affairs for that person to
the head of another Employment Security Office.
Article 93-2 (Mutatis Mutandis Application)
With regard to unemployment benefits for self-employed
insured persons, the provisions of Articles 58, 61 (excluding
paragraph (3)), 62 through 67, 69 through 71, 75 through 77, 79
through 83, and 88 through 92 shall apply mutatis mutandis.
Jan. 13, 2012>
CHAPTER Ⅴ
Child-care Leave Benefits, etc.
Article 94 (Reasons for Extension of Application Period for Child-care

Leave Benefits)
“Causes prescribed by the Presidential Decree” in the proviso
of Article 70 (2) of the Act refers to the following causes:
1. Natural disasters;
2. Diseases or injuries of the principal or spouse;
3. Diseases or injuries of the lineal ascendants and descendants
of the principal or his/her spouse;
4. Mandatory military services under the Military Service
Act; and
5. Detention or execution of sentence on criminal charges
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1. EMPLOYMENT LAWS
Article 95 (Amount of Child-care Leave Benefits)

(1) The monthly amount of child-care leave benefits under
Article 70 (3) of the Act shall be equivalent to 40/100 of the
monthly ordinary wages calculated pursuant to the Labor
Standards Act from the start date of child-care leave: Provided
that if the period during which a person is eligible to receive
child-care leave benefits is less than one month, the amount to
be paid shall be calculated on a daily pro rata basis by dividing
an amount equivalent to 40/100 of the monthly ordinary wages
calculated pursuant to the Labor Standards Act by the number
of leave days in the relevant month. <Amended by Presidential
Decree No. 23513, Jan. 13, 2012>
(2) The maximum and minimum level of child-care leave
benefits under paragraph (1) are as follows:
1. Where payments are made pursuant to the main part of
paragraph (1)
A. Maximum: one million won per month
B. Minimum: 500,000 won per month
2. Where payments are made pursuant to the proviso of
paragraph (1)
A. Maximum: amount produced by dividing one million
won a month by the number of days in the month and
then multiplying the resulting amount by the number
of child-care leave days
B. Minimum: amount produced by dividing 500,000 won
a month by the number of days in the month and
then multiplying the resulting amount by the number
of child-care leave days
(3) If the amount remaining after subtracting 15/100 of the
child-care leave benefits under paragraphs (1) and (2) is less
than 500,000 won, the amount determined according to the
following classification shall be paid.
1. Where payments are made pursuant to the main part of
paragraph (1) and paragraph (2) 1: 500,000 won per month
2. Where payments are made pursuant to the proviso of
paragraph (1) and paragraph (2) 2: amount produced by
dividing 500,000 won by the number of days in the
month and then multiplying the resulting amount by the
number of child-care leave days
(4) An amount equivalent to 15/100 of the child-care leave
benefits under paragraphs (1) and (2) (in cases falling under
paragraph (3), the amount remaining after subtracting the amount

under each subparagraph of paragraph (3) from the amount of

child-care leave benefits under paragraphs (1) and (2)) shall be
paid in a lump-sum if the worker returns to the relevant workplace
after the end of his/her child-care leave and continues to be
employed for six months or more.
Dec. 31, 2010>
Article 96 (Report, etc on Employment during Period of Child-Care
Leave Benefits)
When an insured person makes a report on his/her separation
from employment or employment under Article 72 (1) of the
Act, he/she shall state this in a written application for child-care
leave benefits first submitted after the date of separation or
employment.
Article 81 shall apply mutatis mutandis to restrictions on the
payment of child-care leave benefits paid pursuant to Article 70
(1) of the Act, an order to return them, etc. In such cases,
“job-seeking benefits” shall be read as "child-care leave benefits.”
Article 98 (Reduction of Child-Care Leave Benefits)
If an insured person receives money or valuables from the
employer during the child-care leave period prescribed in Article
19 of the Act on Equal Employment and Support for Work-Family
Reconciliation on account of child-care leave and the monthly
sum of the money and valuables paid during that child-care
leave period and the amount that accounts for 85/100 of the
child-care leave benefits under Article 95 (1) and (2) (in cases
where the amount is less than 500,000 won, the amount that
falls under each subparagraph of Article 95 (3)) exceeds the
amount of his/her monthly ordinary wages calculated from the
beginning date of the child-care leave, the Minister of Employment
and Labor shall pay him/her an amount left after subtracting
the excess amount from 85/100 of child-care leave benefits
under Article 95 (1) and (2) (in cases where the amount is less
than 500,000 won, the amount that falls under each subparagraph
of Article 95 (3)). <Amended by Presidential Decree No. 20775, Apr.
30, 2008; Amended by Presidential Decree No. 22269, Jul. 12, 2010;
Article 99 (Entrustment of Affairs for Child-care Leave Benefits)
The head of an Employment Security Office may, if deemed
▮▮ 207
1. EMPLOYMENT LAWS
necessary, and at the request of an insured person, deal with

affairs related to child-care leave benefits by entrusting them to
the head of another Employment Security Office.
Article 100 (Reasons for Extension of Application Period for
Maternity Leave Benefits, etc.)
Article 94 shall apply mutatis mutandis with regard to
reasons for the extension of the application period for maternity
leave benefits prescribed in the proviso of subparagraph 2 of
Article 75 of the Act. <Amended by Presidential Decree No. 23946,
Jul. 10, 2012>
Article 101 (Maximum or Minimum Amount of Maternity Leave
Benefits, etc.)
The maximum or minimum amount of maternity leave
benefits, etc., to be paid to an insured person under Article 76
(2) of the Act shall be as follows: <Amended by Presidential
Decree No. 20775, Apr. 30, 2008; Presidential Decree No. 23946, Jul.
10, 2012; and Presidential Decree No. 25388, Jun. 17, 2014>
1. Maximum amount: 4,050,000 won (In cases of a pregnancy
with more than one child, the amount of maternity leave
benefits shall be 5,400,000 won) where an amount equivalent
to the ordinary wage for 90 days of maternity leave (In
cases of a pregnancy with more than one child, the period
of maternity leave shall be 120 days) or miscarriage or
stillbirth leave exceeds 4,050,000 won (In cases of a pregnancy
with more than one child, the amount equivalent to the
ordinary wage for the period of maternity leave shall be
5,400,000 won): Provided that if the period of payment of
maternity leave benefits, etc., is less than 90 days (In cases
of a pregnancy with more than one child, the period of
payment of maternity leave benefits shall be 120 days),
the amount shall be calculated based on the number of
leave days; and
2. Minimum amount: an amount equivalent to the ordinary
wage for the period of payment of maternity leave benefits,
etc., calculated using the hourly minimum wage as the
hourly ordinary wage of the worker where the hourly
ordinary wage of the worker is lower than the hourly
minimum wage (hereinafter referred to as “hourly minimum
wage”) applied on the beginning date of maternity leave
or miscarriage or stillbirth leave in accordance with the
Minimum Wage Act


Article 96 shall apply mutatis mutandis with regard to the
report, etc. on employment during maternity leave or miscarriage
or stillbirth leave. In such cases, “child-care leave benefits” shall
be read as “maternity leave benefits". <Amended by Presidential
Decree No. 23946, Jul. 10, 2012>
Article 81 shall apply mutatis mutandis with regard to
restrictions on the payment of maternity leave benefits, etc.,
paid pursuant to Article 75 of the Act, an order to return them,
etc. In such cases, “job-seeking benefits” shall be read as “maternity
leave benefits.” <Amended by Presidential Decree No. 23946, Jul. 10,
2012>
Article 104 (Reduction of Maternity Benefits, etc.)
If an insured person receives money or valuables equivalent
to ordinary wages from the employer during the protection
leave period prescribed in Article 74 of the Labor Standards Act
and the sum of the amount of money or valuables paid by the
employer and the amount of maternity leave benefits, etc.,
prescribed in Article 75 of the Act exceeds the amount of his/her
ordinary wages calculated from the beginning date of the
maternity leave, the Minister of Employment and Labor shall
pay him/her an amount left after subtracting the excess amount
from the maternity leave benefits, etc., pursuant to Article 77 of
the Act.: Provided that this shall not apply in cases where the
ordinary wages of the insured person were raised during the
protection leave and the employer paid the person the amount
of difference between the increased ordinary wages and the
maternity leave benefits, etc. <Amended by Presidential Decree No.
22269, Jul. 12, 2010 and Presidential Decree No. 23946, Jul. 10, 2012>
Article 104-2 (Benefits for Working Hour Reduction During Child-

Rearing Period)
(1) With respect to the cause for extension of application
period for benefits for working hour reduction during a child-
rearing period under the proviso to Article 73-2 (2) of the Act,
Article 94 shall apply mutatis mutandis. In such cases, the term
"child-care leave benefits" shall be read as "benefits for working
hour reduction during the child-rearing period."
(2) The amount of benefits for working hour reduction
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during the child-rearing period under Article 73-2 (3) of the Act
shall be determined according to the following formula:
The amount of (Contractual working hours before reduction)
child-care leave - (Contractual working hours after reduction)
x
benefits under Article
95 (1) and (2) Contractual working hours before reduction

Sep. 15, 2011>
(1) With respect to payment restriction, return order, etc. of
benefits for working hour reduction during the child-rearing
period under Article 73-2 (1) of the Act, Article 81 shall apply
mutatis mutandis. In such cases, the term “job-seeking benefits”
shall be read as “benefits for working hour reduction during the
child-rearing period.”
(2) With respect to report, etc. on employment while working
hour reduction period during the child-rearing period, Article 96
shall apply mutatis mutandis. In such cases, the term "child-care
leave benefits" shall be read as “benefits for working hour
reduction during the child-rearing period.”
Sep. 15, 2011>
Article 104-4 (Reduction of Benefits for Working Hour Reduction
During Child-Rearing Period)
Pursuant to Article 74 (2) of the Act, where the combined
amount of money or valuables an insured person has received
on a monthly basis from his/her employer (wage and money or
valuables received due to working hour reduction during the
child-rearing period) while working shorter hours during the
child-rearing period under Article 19-2 of the Act on Equal
Employment and Support for Work-Family Reconciliation and
benefits for working hour reduction during the child-rearing
period under Article 73-2 of the Act exceeds the amount of
his/her monthly ordinary wage as of the month immediately
preceding the month in which the beginning date of working
hour reduction during the child-rearing period falls, the Minister
of Employment and Labor shall pay him/her the amount
calculated by subtracting the excess amount from the amount of
benefits for working hour reduction during the child-rearing period.
Sep. 15, 2011>

CHAPTER Ⅵ
Employment Insurance Fund
Article 104-5 (Expert Member for Administration and Management

of Fund)
(1) The Minister of Employment and Labor may assign an
expert member for fund management in order to administer and
manage the fund in a systematic and stable manner pursuant to
Jul. 12, 2010>
(2) Matters concerning the qualifications, duties, remuneration,
etc., of the expert member for fund management shall be
Mar. 12, 2009>
Article 105 (Management Business, etc., of Fund)
(1) “Methods to increase the fund, prescribed by the
Presidential Decree” in Article 79 (3) 5 of the Act refers to a
purchase of securities under Article 4 of the Capital Markets
and Financial Investment Business Act. <Amended by Presidential
Decree No. 20947, Jul. 29, 2008>
(2) “Certain level prescribed by the Presidential Decree” in
Article 79 (4) of the Act refers to the rate of return determined
the interest rates for regular savings accounts with a maturity
of one year (referring to the interest rates applied by banks
with nationwide business areas among the banks established
under the Banking Act), expected price increase rates, etc.
Presidential Decree No. 22493, Nov. 15, 2010>
Article 106 (Fund Accounting)
The employment insurance fund(hereinafter referred to as
“fund”) shall be accounted for according to Article 11 of the
National Accounting Act. <Amended by Presidential Decree No.
23139, Sep. 15, 2011>
Article 107 (Use, etc. of Fund)
(1) “Expenses prescribed by the Presidential Decree” in
Article 80 (1) 7 of the Act refers to the following expenses:
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1. EMPLOYMENT LAWS
1. Expenses required for the management and operation of

the insurance business;
2. Expenses required for the management and operation of
the fund;
3. Payments made to an insurance work service agency
under Article 33 of the Insurance Premium Collection Act;
and
4. Consignment fees paid for business or affairs under the
Act and the Insurance Premium Collection Act
(2) With regard to the contributions referred to in Article 80
(1) 6 of the Act, if a person who is entitled to receive the
contributions on a monthly basis applies for the amount of
contributions to be used for the following month, the Minister
of Employment and Labor shall consider that amount and pay
an amount accepted as reasonable. <Amended by Presidential
Decree No. 22269, Jul. 12, 2010>
(3) A person (hereinafter referred to as “the contributed
person”) who receives the contributions referred to in Article 80
(1) 6 of the Act shall set up and manage a separate account for
the contributions and return any interest gains arising from that
account to the Minister of Employment and Labor: Provided
that the gains may be used for the projects (hereinafter referred
to as “target projects”) carried out by or entrusted to, the contributed
person with the approval of the Minister of Employment and
(4) Contributions left unused for the target projects within
the insurance year shall be given back to the Minister of
Employment and Labor unless otherwise prescribed by other
Acts or subordinate statutes: Provided that the remaining
contributions may be carried over to the following year and
used for target projects with the approval of the Minister of
22269, Jul. 12, 2010>
(5) If the contributed person uses the contributions for
purposes other than target projects, the Minister of Employment
and Labor may demand him/her to return the amount concerned.
(6) The contributed person shall report the results of the
execution of quarterly contributions to the Minister of Employment
and Labor no later than the tenth of the month following the
end of each quarter.<Amended by Presidential Decree No. 22269,
Jul. 12, 2010>


Sep. 18, 2008>
Article 108 (Entrustment of Payment by Fund)
The Minister of Employment and Labor may execute business
related to the payment of grants and subsidies from the fund,
provision of loans, payment of training expenses and training
allowances, or payment of unemployment benefits by entrusting
the business to any of the following institutions or a postal
agency: <Amended by Presidential Decree No. 22269, Jul. 12, 2010;
Presidential Decree No. 22493, Nov. 15, 2010; and Presidential Decree
No. 23496, Jan. 6, 2012>
1. Banks approved under Article 8 of the Banking Act;
2. Agricultural cooperatives banks under the Agricultural
Cooperatives Act;
3. The National Federation of Fishery Cooperatives under
the Fishery Cooperatives Act;
4. Mutual savings banks under the Mutual Savings Bank Act;
5. Community credit cooperatives under the Community Credit
Cooperatives Act; and
6. Credit cooperatives under the Credit Cooperatives Act
Apr. 30, 2008>
Article 109 (Fund Operation Plan)
The fund operation plan under Article 81 (1) of the Act
shall include the following matters:
1. Matters concerning incomes and expenditures of the fund;
2. Matters concerning business plans, plans on actions causing
expenditures and funding plans for the year concerned;
3. Matters concerning the disposition of the funds carried
over from the previous year;
4. Matters concerning the reserve funds; and
5. Other matters necessary for fund operation.
Article 110 (Public Announcement of Fund Operation Results)
Pursuant to Article 81 (2) of the Act, the Minister of
Employment and Labor shall publicly announce the results of
fund operation every year in one or more special daily financial
newspapers or general daily newspapers headquartered in Seoul.
Article 111 (Accounting Institution of Fund)
(1) The Minister of Employment and Labor shall appoint a
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1. EMPLOYMENT LAWS
fund revenue collector, fund financial officer, fund disbursement

officer and fund accounting officer from among relevant public
officials to carry out affairs concerning the revenues and
disbursements of the fund. <Amended by Presidential Decree No.
22269, Jul. 12, 2010>
(2) The fund revenue collector and fund financial officer
shall be in charge of contracts resulting from the management
and operation of the fund, actions causing revenues and
disbursements, and affairs concerning the collection and
determination of fund revenues, and the fund disbursement officer
and fund accounting officer shall be in charge of revenues and
disbursements resulting from the management and operation of
the fund.
(3) When the Minister of Employment and Labor has appointed
a fund revenue collector, fund financial officer, fund disbursement
officer and fund accounting officer, he/she shall notify the
Chairperson of the Board of Audit and Inspection and the
Governor of the Bank of Korea of this. <Amended by Presidential
Decree No. 22269, Jul. 12, 2010>
Article 112 (Designation of Bank Responsible for Transaction)
The fund disbursement officer shall designate the Bank of
Korea located in the local area concerned (including its main
office, branch office, agency or national agency; hereinafter the
same shall apply.), or if there is no Bank of Korea located in
the local area concerned, the nearest Bank of Korea as the payer
of checks issued by him/her.
Article 113 (Procedure for Receipt of Fund Revenues)
(1) If the fund revenue collector intends to collect fund
revenues, he/she shall notify the person responsible for the
payment that the person should pay it to the fund's account in
the Bank of Korea: Provided that this shall not apply in cases
where the employer makes a voluntary payment within a set period.
(2) When the Bank of Korea receives fund revenues, it shall
issue a receipt to the payer and send a notice of the receipt to
the fund revenue collector without delay.
(3) The Bank of Korea shall gathered the revenues of the
fund received under paragraph (2) together into the fund
account established in the headquarters of the Bank of Korea
according to handling procedures for national funds.
Article 114 (Procedure for Disbursement from Fund)

(1) When the fund financial officer executes a disbursement-

causing action, he/she shall send the documents related to the
disbursement-causing action to the fund disbursement officer.
(2) When the fund disbursement officer disburses money
from the fund due to the disbursement-causing action of the fund
financial officer, he/she shall have the Bank of Korea make that
payment by transferring money to the savings account in the
financial institution of the creditor or a person entrusted to
handle the affairs of paying national funds as prescribed by
Acts and subordinate statutes.
(3) The amount, which has not been disbursed during the
fiscal year concerned due to inevitable reasons after the fund
financial officer has executed disbursement-causing actions, may
be disbursed by carrying it forward to the following year.
Article 115 (Prohibition of Cash Dealings)
The fund disbursement officer and fund accounting officer
may not keep or handle cash: Provided that this shall not apply
in cases prescribed in Article 22 (4) and 24 of the Management
of the National Funds Act.
Article 116 (Assignment of Amount Limit to Fund Disbursement-
causing Actions)
(1) The Minister of Employment and Labor shall assign to
each fund financial officer a limit on the amount of funds to be
used for disbursement-causing actions within the scope of the
quarterly plan on disbursement-causing actions under Article
109 (2). <Amended by Presidential Decree No. 22269, Jul. 12, 2010>
(2) The Minister of Employment and Labor shall assign
funds according to a detailed monthly funding plan prepared
pursuant to Article 49 (2) of the Enforcement Decree of the
Management of the National Funds Act to each fund disbursement
officer within the scope of the monthly funding plan under
subparagraph 2 of Article 109. <Amended by Presidential Decree No.
22269, Jul. 12, 2010 and Presidential Decree No. 23139, Sep. 15, 2011>
Article 117 (Report on State of Fund Operation)
(1) The fund revenue collector, the fund financial officer and
the fund disbursement officer shall prepare a report on the amount
of funds collected, a report on the amount of funds used
for disbursement-causing actions and a report on the amount of
funds disbursed, respectively, all of which are dated the last
day of each month, and shall submit them to the Minister of
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1. EMPLOYMENT LAWS
Employment and Labor by the 20th of the following month.

(2) Other necessary matters concerning the report on fund
operation and management, besides the reports prescribed in
paragraph (1), shall be determined by the Minister of Employment
2010>
Article 118 (Report on Settlement of Accounts of Fund)
The Minister of Employment and Labor shall prepare the
following documents about the settlement of accounts of the
fund for each fiscal year, and shall submit them to the Minister
of Strategic Planning and Finance after review at the Council by
the end of February of the following fiscal year: <Amended by
Presidential Decree No. 20681, Feb. 29, 2008; Presidential Decree No.
22269, Jul. 12, 2010; and Presidential Decree No. 23139, Sep. 15, 2011>
1. Documents on the overview and analysis of the statements
of accounts of the fund;
2. Financial statements such as position statement, financial
operating statement, statement of changes in net assets, etc.;
3. List of comparisons between fund operation plans and
actual achievements;
4. Statement of revenues and expenditures; and
5. Other documents necessary to clarify the contents of the
settlement of accounts.
Article 119 (Receipts and Disbursements of Reserve Fund, etc.)
Necessary matters concerning receipts and disbursements of
the reserve fund and spare money of the fund under Article 84
of the Act shall be prescribed by the Ordinance of the Ministry
22269, Jul. 12, 2010>
Article 120 (Mutatis Mutandis Application of the State Financial
Act and the Management of the National Funds Act)
Matters not prescribed by the provisions of the Act or this
Decree regarding the operation or management of the fund,
shall be subject to the State Financial Act and the Management
of the National Funds Act.

CHAPTER Ⅶ
Request for Examination and Reexamination
Article 121 (Qualifications of Examiner)

The employment insurance examiner (hereinafter referred to
as “the examiner”) under Article 89 of the Act shall be appointed
from among the public officials of the Ministry of Employment
and Labor who fall under any of the following subparagraphs:
1. A general public official of Grade 5 or higher in the
Ministry of Employment and Labor or a general public
official in the Senior Civil Service who has worked on affairs
related to examinations or requests for re-examinations on
employment insurance for one year or more;
2. A general public official of Grade 5 or higher in the
Ministry of Employment and Labor or a general public
official in the Senior Civil Service who has worked in
employment insurance affairs for two years or more; and
3. Other persons who are recognized by the Minister of
Employment and Labor as having the qualifications listed
in subparagraph (1) or (2).
Article 122 (Placement and Duty of Examiner)
(1) The examiner shall be placed in the Ministry of Employment
(2) The examiner shall be in charge of examination affairs
and studying cases of requests for examination designated by
Decree No. 22269, Jul. 12, 2010>
Article 123 (Method of Application for Challenge)
(1) An application for challenge against the examiner made
pursuant to Article 89 (4) of the Act shall be made in writing
with the reasons clearly indicated.
(2) When the Minister of Employment and Labor receives
the application for challenge under paragraph (1), he/she shall
make a decision within 15 days and notify the applicant of it.
Article 124 (Report on Succession to Status of Claimant)
The person who succeeds to the status of a claimant for
examination pursuant to Article 89 (5) of the Act shall report
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1. EMPLOYMENT LAWS
this to the examiner in writing, attaching documents proving

the succession.
Article 125 (Method of Request for Examination)
(1) The following matters shall be stated in a written
request for examination under Article 91 of the Act:
1. Name and address of the claimant;
2. Name of the office which has make the decision as the
claimee;
3. Contents of the decision which is the subject of the request
for examination;
4. Date of coming into knowledge of the decision;
5. Existence and contents of the notification regarding the
request for examination by the office which has made the
decision as the claimee;
6. Purport and reasons for examination request; and
7. Date of the request for examination.
(2) If the request for examination is instituted by a selected
representative or agent, the name and address of the selected
representative or agent in addition to the matters described in
paragraph (1) shall be stated, and the qualifications of the
selected representative or agent shall be provided in writing.
(3) The written documents described in paragraph (1) shall
be signed and sealed by the claimant or the agent.
Article 126 (Correction of Request for Examination)
(1) The correction of a request for examination under Article
92 (2) of the Act shall be ordered using a written document
containing the following contents:
1. Matters to correct;
2. Reasons for demanding the correction;
3. Period of correction; and
4. Other necessary matters.
(2) If the examiner revises a request for examination by
virtue of his/her authority pursuant to the proviso of Article 92
(2) of the Act, he/she shall notify the person concerned of this.
Article 127 (Notification about Suspension of Execution of Original
Decisions)
The following matters shall be stated in a written notification
about the suspension of execution under Article 93 (2) of the Act:
1. Case name of the request for examination;

2. Decision subject to the suspension of execution and contents

of the suspension of execution;
4. Name of the office which has made the decision as the
claimee; and
5. Reasons for the suspension of execution.
Article 128 (Investigation for Review)
(1) An application for an investigation conducted pursuant
to Article 94 (1) of the Act to review a request for examination
shall be made in writing with the following matters stated:
1. Case name of the request for examination;
2. Purport and reasons of the application;
3. Name and address of related persons who are required to
be present (restricted to the case of Article 94 (1) 1 of the Act.);
4. Name and address of the owner or custodian of documents,
and other materials required to be submitted (restricted to
the case of Article 94 (1) 2 of the Act);
5. Matters requiring legal consultation and reasons therefor
(restricted to the case of Article 94 (1) 3 of the Act); and
6. Workplaces and other places to enter, employers, employees
and other related persons to be questioned, documents
and other materials to be inspected (restricted to the case
of Article 94 (1) 4 of the Act.)
(2) If the examiner investigates evidence pursuant to Article
94 (1) of the Act, he/she shall prepare a report on evidence. In
such cases, if he/she gets statements from the examination claimant
or a related person under Article 94 (1) 1 of the Act, he/she
shall prepare a statements protocol and annex it.
(3) The following matters shall be stated in the report on
evidence under paragraph (2) and the examiner shall sign and
seal it:
1. Indication of the case;
2. Date, time and place of the investigation;
3. Subject and method of the investigation; and
4. Result of the investigation.
Article 129 (Written Decision)
The decision on a request for examination under Article 96
of the Act shall be made by the written verdict with the
following matters stated, and this shall be signed or sealed by
the examiner: <Amended by Presidential Decree No. 23139, Sep. 15,
2011>
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1. EMPLOYMENT LAWS
1. Number and name of the case;

3. Name of the office which has made the decision as the
claimee;
4. Main text;
5. Objectives of the request;
6. Reasons; and
7. Date of decision.
Article 130 (Commission and Appointment of Appeal Committee
Members)
(1) Among the members of the employment insurance appeal
committee (hereinafter referred to as “appeal committee”) under
Article 99 (1) of the Act, members representing workers shall be
recommended by a trade union which is a national level
confederation, and members representing employers shall be
recommended by a nationwide employers’ organization, each
member shall be commissioned by the President upon nomination
by the Minister of Employment and Labor. <Amended by Presidential
Decree No. 22269, Jul. 12, 2010>
(2) Other members of the appeal committee, excluding members
representing workers, members representing employers and
ex-officio members, shall be commissioned by the President upon
nomination by the Minister of Employment and Labor from
among those who fall under any of the following subparagraphs:
Provided that standing members shall be appointed by the
President upon nomination by the Minister of Employment and
Labor from among those who fall under subparagraph 3 or 4:
1. A person licensed as a judge, a prosecutor or a lawyer;
2. A person who is serving or served as an assistant professor
or higher position in a university under the Higher Education
Act;
3. A person who is serving or served as a public official of
Grade Ⅲ or higher or as a general public official in the
Senior Civil Service ;
4. A person who has engaged in labor-related work for fifteen
years or more and is recognized by the Minister of
Employment and Labor as a qualified person; and
5. A person with academic knowledge and experience with
social insurance or employment matters, who is recognized
by the Minister of Employment and Labor as a qualified
person.

(3) The Minister of Employment and Labor shall appoint

one ex-officio member by virtue of office from among public
officials of Grade Ⅲ in charge of employment matters in the
Ministry of Employment and Labor or general public officials in
the Senior Civil Service. <Amended by Presidential Decree No.
22269, Jul. 12, 2010>
Article 131 (Term of Office of Members)
(1) The term of appeal committee members shall be three
years and may be renewed.
(2) When a vacancy occurs in the position of a member, the
term of office of the substitute member who fills the vacancy
shall be the remaining term of office of his/her predecessor:
Provided that when a vacancy occurs in the position of a
standing member (including the chairperson), the term of office
of the substitute member shall start anew.
(3) Even in the event that a member's term of office referred
to in paragraph (1) expires, he/she may perform his/her duties
until his/her successor is appointed.
Sept. 18, 2008>
Article 132 (Treatment of Members)
Members other than standing members and ex officio member
who attend an appeal committee meeting may be provided with
allowances and travel expenses needed to perform their duties
within the limits of the budget. In such cases, the regulations on
travel expenses for public officials shall apply mutatis mutandis
to the payment of the travel expenses.
Article 133 (Chairperson and Vice-Chairperson)
(1) The appeal committee shall have one chairperson and one
vice-chairperson.
(2) The chairperson of the appeal committee shall be appointed
by the President upon nomination by the Minister of Employment
and Labor from among the standing members and the vice-
chairperson shall be elected from among the members.
Article 134 (Duties)
(1) The chairperson shall represent the appeal committee
and shall oversee the affairs of the appeal committee.
(2) The vice-chairperson shall assist the chairperson and when
the chairperson is unable to perform his/her duties for inevitable
▮▮ 221
1. EMPLOYMENT LAWS
reasons, the vice-chairperson shall act on behalf of him/her.

Article 135 (Meetings)
(1) A meeting of the appeal committee shall be composed of
not more than nine persons including the chairperson or
vice-chairperson, ex officio member and two members designated
by the chairperson for each meeting, each representing workers
and employers.
(2) If the chairperson of the appeal committee intends to
convene a meeting, he/she shall notify in writing the time and
place and agenda of the meeting to each member at least 15
days before the meeting: Provided that this shall not apply in
an emergency.
(3) A meeting of the appeal committee shall be opened with
the attendance of a majority of the members composed under
paragraph (1) and shall make a decision by the concurring vote
of a majority of the members present.
Article 136 (Assignment of Expert Members)
(1) The Minister of Employment and Labor may assign
expert members to carry out professional surveys and research
necessary for re-examination by the appeal committee as prescribed
in Article 99 (8) of the Act. <Amended by Presidential Decree No.
20775, Apr. 30, 2008 and Presidential Decree No. 22269, Jul. 12, 2010>
(2) Necessary matters concerning the qualifications, jobs and
pay of expert members shall be prescribed by the Ordinance of
Jul. 12, 2010>
Article 137 (Notification)
The notification of the trial date and place under Article 101
(1) of the Act shall be given in writing, and be delivered directly
or by registered mail.
Article 138 (Application for Closed Proceedings)
An application for closed proceedings under the proviso of
Article 101 (3) of the Act shall be made in writing with the
purport and reasons stated.
Article 139 (Protocol of Trial)
(1) The following matters shall be stated in the protocol of
trial under Article 101 (4):
1. Name and number of the case;

2. Date, time and place of the trial;

3. Names of the members present;
4. Name of the person concerned or his/her agent;
5. Contents of the trial; and
(2) The protocol of trail under paragraph (1) shall have the
date of its writing and shall be signed or sealed by the chairperson.
(3) The inspection application under Article 101 (5) of the
Act shall be made in writing.
Article 140 (Method of Request for Re-examination)
(1) The request for reexamination under Article 87 of the
Act shall be made using a document with the following contents:
2. Matters prescribed in Article 125 (1) 2 through 4;
3. Name of the examiner who made the decision;
4. Date on which the decision became known;
5. Existence of the notification of the request for re-examination
by the examiner who made the decision and contents of
the notification;
6. Purport of and reasons for the request for re-examination;
and
7. Date of the request for re-examination.
(2) If the request for re-examination is instituted by a selected
representative or agent, it shall state the name and address of
the selected representative or agent in addition to the matters
prescribed in paragraph (1), and the qualifications of the selected
representative or agent shall be provided in writing. <Amended
by Presidential Decree No. 22603, Dec. 31, 2010>
(3) The claimant or the agent shall sign and seal the documents
under paragraph (1).
Article 141 (Written Adjudication)
A written adjudication on a request for re-examination shall
have the following matters stated and the chairperson of the
appeal committee and the members who participated in the
re-examination shall sign or seal it: <Amended by Presidential
Decree No. 23139, Sep. 15, 2011>
1. Name and number of the case;
3. Name of the office which has made the original decision;
4. Name of the examiner who made the decision on the request
for examination;
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1. EMPLOYMENT LAWS
5. Main text;
6. Purport of the request;
7. Reasons; and
8. Date of the adjudication.
The provisions of Articles 123, 124, and 126 through 128
shall apply mutatis mutandis to the appeal committee and
reexamination. In such cases, the term “examiner” and “Minister
of Employment and Labor” in Article 123 shall be read as
“member of the appeal committee” and “chairperson of the
appeal committee”, “claimant for examination” in Articles 124
and 128 as “claimant for re-examination”, “examiner” in Articles
124, 126 and 128 as “chairperson of the appeal committee" and
“request for examination” in Articles 126 through 128 as
“request for re-examination.” <Amended by Presidential Decree No.
22269, Jul. 12, 2010>
CHAPTER Ⅷ
Article 143 (Expenses for Diagnosis)

If the head of an Employment Security Office orders a
diagnosis under Article 111 of the Act, he/she may pay necessary
expenses for the diagnosis.
Article 144 Deleted. <Presidential Decree No. 23513, Jan. 13, 2012>
Article 144-2 (Subjects for Implementation of Pilot Activities)
The Minister of Employment and Labor may entrust support
for employment creation under Article 17 to other organizations
on a pilot basis under Article 114 of the Act.
Dec. 31, 2010>
Article 145 (Delegation, etc., of Authority)
his/her authority over the following matters to the head of an
Employment Security Office pursuant to Article 115 of the Act:
<Amended by Presidential Decree No. 22269, Jul. 12, 2010; Presidential

Decree No. 23139, Sep. 15, 2011; Presidential Decree No. 23356, Dec.
Decree No. 23513, Jan. 13, 2012; and Presidential Decree No. 23946,
Jul. 10, 2012>
1. Receipt of a report on insured status under Article 15 of
the Act;
2. Receipt of a confirmation document on separation under
3. Confirmation of insured status under Article 17 of the Act;
4. Support for employment creation under Article 20 of the Act;
5. Support for employment adjustment under Article 21 of
the Act
6. Promotion of local employment under Article 22 of the Act;
7. Support for employment promotion for the aged, etc.,
8. Support for employment security of construction workers
9. Provision of vocational skills development training under
10. Provision of employment information, establishment of
the foundation for employment support, etc. under Article
33 of the Act (building the foundation for employment
security and vocational skills development and assigning
professional manpower and the projects that have been
entrusted pursuant to paragraph (6) are excluded.);
11. Restriction, etc., of support due to fraudulent acts under
Articles 35 of the Act;
12. Payment of child-care leave benefits and restriction of
their payment under Articles 70 and 73 of the Act;
13. Payment of maternity leave benefits, etc., and restriction
of their payment under Articles 75 and 77 of the Act;
14. Request for reporting and submission of related documents
and for presence under Article 108 of the Act (limited to
cases where they are necessary to carry out delegated
work);
15. Office visit, questioning of related persons and investigation
of documents under Article 109 of the Act and notification
of an investigation related thereto and its results (limited
to cases where they are needed to carry out delegated work);
16. Request for the submission of materials under Article
110 of the Act (limited to cases where it is needed to carry
out delegated work);
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1. EMPLOYMENT LAWS
17. Payment of reward money under Article 112 of the Act

19. Receipt of a report on appointment or dismissal of an
agent under Article 4;
20. Provision of the subsidy for managing employment
insurance for construction workers under Article 32;
20-2 Programs to support the creation of part-time jobs under
subparagraph 5 of Article 35;
21. Support for employment support projects under Article 36;
22. Financial support for employment promotion facilities
under Article 38 (2) (limited to employment promotion
facilities under subparagraphs 2 and 3 of Article 38 (1)) ;
23. Support for the costs of operating child care centers
under Article 38 (4);
24. Support for job skills improvement of workers under
Article 43; and
25. Deleted. <Presidential Decree No. 23139, Sep. 15, 2011>
26. Support for employment training under Article 47.
Employment and Labor shall entrust his/her authority over the
following matters to the Korea Workers' Compensation and Welfare
Service under the Industrial Accident Compensation Insurance Act
(hereinafter referred to as “Korea Workers' Compensation and
Welfare Service”): <Amended by Presidential Decree No. 21348, Mar.
12, 2009; Presidential Decree No. 21510, May 28, 2009; Presidential
Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 22603, Dec.
and for presence under Article 108 of the Act (limited to
cases where it is necessary for carrying out the entrusted
work);
2. Office visit, questioning of related persons, and investigation
of documents under Article 109 of the Act (limited to
cases where it is necessary for carrying out the entrusted
work);
3. Request for the submission of materials under Article 110
of the Act (limited to cases where it is necessary for carrying
out the entrusted work);
4-2. Deleted. <Presidential Decree No. 22026, Feb. 8, 2010>
5. Matters concerning the provision of loans and subsidies

for the costs of establishing child care centers under Article

38 (5) and the management and operation of the loans
and subsidies;
5-2 Matters concerning the provision of loans for the costs
of skills development under Article 45;
6. Matters concerning the provision of loans for living costs
during vocational skills development training under Article
47-2 and the administration and management of the loans.
(3) The Minister of Employment and Labor shall entrust
his/her authority over the following matters to the Human Resources
Development Service of Korea pursuant to Article 115 of the
Act: <Amended by Presidential Decree No. 21348, Mar. 12, 2009;
Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No.
23467, Dec. 30, 2011; and Presidential Decree No. 23513, Jan. 13, 2012>
1. Support to employers for vocational skills development
training under Article 27 of the Act;
2. Support for the costs of private-sector skills competitions
among technical skill promotion activities under Article 31
(1) 2 of the Act;
and for presence under Article 108 of the Act (limited to cases
where it is necessary for carrying out the entrusted work);
4. Office visit, questioning of related persons and investigation
of documents under Article 109 of the Act (limited to cases
where it is necessary for carrying out the entrusted work);
5. Request for submission of materials under Article 110 of
the Act (limited to cases where it is necessary for carrying
out the entrusted work);
7. Matters concerning the provision of support for skills
development expenses under Article 46;
8. Matters concerning the provision of loans for vocational
skills development training facilities under Article 48 and
the management and operation of the loans;
9. Matters concerning the provision of the subsidy for vocational
skills development training facilities under Article 49 and
the management and operation of the subsidy (excluding
matters concerning subsidy decision);
10. Deleted. <Presidential Decree No. 20775, Apr. 30, 2008>
11. Matters concerning support for the costs of qualification
tests projects under Article 51 (1) 1;
11-2. Projects to develop, publish and distribute training media
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1. EMPLOYMENT LAWS
under Article 52 (1) 3;

12. Programs to support the system of certifying the best
companies for human resources development under Article
52 (1) 5;
13. Vocational skills development programs which employers,
employers' organizations, etc., conduct jointly with small
and medium enterprises for workers of such small and
medium enterprises under Article 52 (1) 6;
14. Vocational skills development training provided to improve
the core job skills of employers or workers of preferentially
supported enterprises under Article 52 (1) 10;
promote learning organization in preferentially supported
enterprises under Article 52 (1) 11;
increase the HRD capabilities of employers or human
resources managers of preferentially supported enterprises
under Article 52 (1) 12;
17. Programs to support systematic on-the-job training by
preferentially supported enterprises under Article 52 (1)
13; and
Employment and Labor may entrust part of the authority to
provide support for employment creation programs under Article
17, support for improvement of employment environments for
the aged, etc., under Article 37, support for costs for employment
promotion facilities (limited employment promotion facilities
prescribed in Article 38 (1) 5) under Article 38 (2), support for
vocational skills development programs conducted in cooperation
by an employer's organization, a workers' organization or a
confederation of such organizations under Article 52 (1) 4, and
support for local governments, etc., under Article 55 to the
Korea Occupational Safety and Health Agency under the Act on
Korea Occupational Safety and Health Agency, the Korea Workers'
Compensation and Welfare Service, the Human Resources
Development Service of Korea, the Korea Employment Agency
for the Disabled (hereinafter referred to as “Korea Employment
Agency for the Disabled”) under the Act on Employment Promotion
and Vocational Rehabilitation for the Disabled, the Korea Labor
Institute (hereinafter referred to as “Korea Labor Institute”) established
pursuant to Article 8 of the Act on the Establishment, Operation

and Fosterage of Government-invested Research Institutions or

other relevant professional organizations or non-profit corporations
Labor, and the criteria for the selection of entrusted organizations,
etc., shall be prescribed by the Ordinance of the Ministry of
Jan. 14, 2009; Presidential Decree No. 21962, Dec. 31, 2009;
Presidential Decree No. 22269, Jul. 12, 2010; and Presidential Decree
No. 22603, Dec. 31, 2010>
Employment and Labor entrusts the authority to provide support
for the diagnosis, etc., of employment management under Article
33 to the Human Resources Development of Service of Korea,
the Korea Employment Agency for the Disabled, the Korea
Labor Institute or other relevant professional organizations etc.
determined and announced by the Minster of Employment and
Labor. <Amended by Presidential Decree No. 21015, Sep. 18, 2008;
Presidential Decree No. 21962, Dec. 31, 2009; Presidential Decree No.
22026, Feb. 8, 2010; and Presidential Decree No. 22269, Jul. 12, 2010>
Employment and Labor entrusts the duties to provide support
for equipment, etc., under Article 15 (6) of the Act, and the
following authorities relating to the provision of employment
information, establishment of the foundation for employment
support, etc., under Article 33 of the Act to the Korea
Employment Information Service established pursuant to Article
18 of the Framework Act on Employment Policy: <Amended by
Presidential Decree No. 21928, Dec. 30, 2009 and Presidential Decree
No. 22269, Jul. 12, 2010>
1. Collection and analysis of employment information and
provision of this information to Employment Security Offices;
2. Research, development and distribution of vocational guidance
techniques, such as vocational training and counseling, etc.;
3. Evaluation of and support for the provision of employment
information, vocational guidance and job placement services;
4. Operation of the electronic networks for employment insurance
activities among activities to establish the foundation for
employment security and vocational skills development.
Employment and Labor entrusts the duties to provide support
for the employment security of construction workers etc. under
subparagraph 4 of Article 35, to the Mutual-Aid Association for
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1. EMPLOYMENT LAWS
Construction Workers under Article 9 of the Act on the

Employment Improvement, etc. of Construction Workers. <Newly
Inserted by Presidential Decree No. 22026, Feb. 8, 2010 and
(8) The president of the Korea Workers' Compensation and
Welfare Service, the president of the Human Resources Development
Service of Korea and the president of the Korea Employment
Agency for the Disabled shall appoint a director in charge of
fund revenues and a director in charge of disbursement-causing
actions from among their permanent directors, and a fund
disbursement employee and a fund cashier from among their
staff to carry out the work entrusted in accordance with
paragraphs (2) through (5), and report this to the Minister of
Employment and Labor. In such cases, the duties to be performed
by the person in each of these positions are as follows:
<Amended by Presidential Decree No. 21962, Dec. 31, 2009;
Presidential Decree No. 22026, Feb. 8, 2010; and Presidential Decree
No. 22269, Jul. 12, 2010>
1. Director in charge of fund revenues: duties of a fund
revenue collector;
2. Director in charge of disbursement-causing actions: duties
of a fund financial officer;
3. Fund disbursement employee: duties of a fund disbursement
officer; and
4. Fund cashier: duties of a fund accounting officer
chairperson of the Board of Audit and Inspection and the
Governor of the Bank of Korea of the appointment of the
director in charge of fund revenues, the director in charge of
disbursement-causing actions, the fund disbursement employee
and the fund cashier under paragraph (8). <Amended by
Presidential Decree No. 22026, Feb. 8, 2010 and Presidential Decree
No. 22269, Jul. 12, 2010>
(1) The Minister of Employment and Labor (including
persons to whom the authority or duties of the Minister of
Employment and Labor are entrusted or delegated pursuant to
Article 145) may manage data containing resident registration
numbers or foreigner registration numbers under subparagraph
1 or 4 of Article 19 of the Enforcement Decree of the Personal
Information Protection Act if it is inevitable in order to perform
the following duties: <Amended by Presidential Decree No. 23946,

Jul. 10, 2012>

1. Duties concerning the subscription of foreigners to employment
insurance under Article 10 of the Act and the proviso to
Article 3 (2) 1 of this Decree;
2. Duties concerning the report of acquisition, loss, etc., of
insured status under Article 15 of the Act;
3. Duties concerning the confirmation of separation for insured
persons under Article 16 of the Act;
4. Duties concerning the confirmation of insured status under
5. Duties concerning support for employers who expand
employment opportunities under Article 20 of the Act;
6. Duties concerning support for employers who take measures
for employment security under Article 21 of the Act;
7. Duties concerning support for employers who promote
local employment under Article 22 of the Act;
8 Duties concerning support for promotion of employment
of the aged, etc., under Article 23 of the Act;
9. Duties concerning support and loans for those who conduct
projects for employment security and employment promotion
10. Duties concerning support for employment promotion
facilities under Article 26 of the Act;
11. Duties concerning support to employers for vocational
skills development training expenses under Article 27 of
the Act;
12. Duties concerning support, etc., for vocational skills
development of insured persons, etc., under Article 29 of
the Act;
13. Duties concerning loans or support for the costs, etc., of
installing vocational skills development facilities and
purchasing the equipment thereof under Article 30 of
the Act;
14. Duties concerning support for those who conduct activities
for promotion of vocational skills development under
15. Duties concerning an order for return, and additional
collection, of subsidies by reason of fraudulent acts
16. Duties concerning the payment of child-care leave benefits
17. Duties concerning the payment of benefits for working
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1. EMPLOYMENT LAWS
hour reduction during the child-rearing period under

Article 73-2 of the Act;
18. Duties concerning the payment of maternity leave benefits,
etc., under Article 75 of the Act;
19. Duties concerning subrogated claims for maternity leave
benefits, etc., under Article 75-2 of the Act;
20. Duties concerning requests for report, etc., under Article
108 of the Act;
21. Duties concerning investigation, etc., under Article 109 of
the Act;
22. Duties concerning requests for submission of materials
23. Duties concerning the report of fraudulent acts and
payment of reward money therefor under Article 112 of
the Act;
24. Duties concerning the report of appointment or dismissal
of an agent under Article 4; and
25. Duties concerning a report on changes to the name, etc.,
of an insured person under Article 10.
(2) The head of an Employment Security Office may manage
data containing resident registration numbers or foreigner
registration numbers under subparagraph 1 or 4 of Article 19 of
the Enforcement Decree of the Personal Information Protection
Act if it is inevitable in order to perform the following duties:
1. Duties concerning an order for return, and additional
collection, of job-seeking benefits, etc., by reason of
fraudulent acts under Articles 62, 74 and 77 of the Act;
2. Duties concerning the report of unemployment under
3. Duties concerning the recognition of eligibility for benefits
4. Duties concerning the recognition, etc., of unemployment
5. Duties concerning the postponement of a benefit period
under Article 48 of the Act and Article 71 of this Decree;
6. Duties concerning the payment of individual extended
benefits under Article 52 of the Act;
7. Duties concerning the payment of unpaid job-seeking
8. Duties concerning the payment of injury and disease
9. Duties concerning the payment of early reemployment

allowances under Article 64 of the Act;

10. Duties concerning the payment of wide-area job-seeking
allowances under Article 66 of the Act; and
11. Duties concerning the payment of moving allowances
under Article 67 of the Act.
(3) An examiner may manage data containing resident
registration numbers or foreigner registration numbers under
subparagraph 1 or 4 of Article 19 of the Enforcement Decree of
the Personal Information Protection Act if it is inevitable in
order to perform duties concerning requests for examination
under Article 87 (1) of the Act.
(4) The appeal committee may manage data containing
resident registration numbers or foreigner registration numbers
under subparagraph 1 or 4 of Article 19 of the Enforcement
Decree of the Personal Information Protection Act if it is
inevitable in order to perform the following duties:
1. Duties concerning requests for reexamination under Article
87 (1) of the Act; and
2. Duties concerning the inspection of a protocol of trial under
Article 101 (5) and (6) of the Act.
Jan. 13, 2012>
Article 146 (Criteria for Imposition of Fine for Negligence)
Article 118 (1) through (3) are shown in Table 3.
Aug. 6, 2013>
Addenda <Presidential Decree No. 20875, Jun. 25, 2008>

(1) Parts of the Enforcement Decree of the Employment
Insurance Act shall be revised as follows: "Article 27 of the
Industrial Accident Compensation Insurance Act" in Article 71
(2) shall be changed to "Article 40 of the Industrial Accident
Compensation Insurance Act".
Article 15 Omitted
▮▮ 233
1. EMPLOYMENT LAWS
Addenda
<Presidential Decree No. 20947, Jul. 29, 2008; Revision of the
Enforcement Decree of the Capital Markets and Financial Investment
Business Act>

This Decree shall enter into force on February 2, 2009.
<Proviso omitted>
Insurance Act shall be revised as follows:
“Securities under Article 2 (1) of the Securities and
Exchange Act” in Article 105 (1) shall be changed to “securities
under Article 4 of the Capital Markets and Financial Investment
Business Act‘.
Addenda <Presidential Decree No. 21015, Sept. 18, 2008>

This Decree shall enter into force on January 1, 2009:
Provided that Article 3-2, Article 107, Article 131 and the
amended provisions of Article 3 (2) of the Addenda of the
Enforcement Decree of the Employment Insurance Act wholly
amended by Presidential Decree no. 20330 shall enter into force
on September 22, 2008.
Article 2 (Applicability concerning Construction Work, etc. Subject
to the Act)
The amended provision of Article 2 (1) 2 B shall apply to
construction work which is undertaken to construct or repair on
a large scale a building after the enforcement of this Decree.
Article 3 (Applicability concerning Subsidy for Working Hour
Reduction by Small and Medium Enterprises)
workplaces where working hours are reduced pursuant to Article
13 (1) after the enforcement of this Decree.

Article 4 (Applicability concerning Subsidy for Promoting New-

hiring)
The amended provisions in Table 1 shall apply to cases where
a person eligible for the subsidy for promoting new-hiring is
employed after the enforcement of this Decree.
Article 5 (Transitional Measures concerning Subscription to Insurance
by Public Officials in Special or Contractual Service)
With regard to a person who is serving as a public official
in special or contractual service at the time of enforcement of
this Decree, the enforcement date of this Decree shall be
considered as the date of his/her appointment in applying the
amended provision of Article 3-2.
Article 6 (Transitional Measures concerning Subsidy for Entry into
New Business by Small and Medium Enterprises)
An employer who reports a plan for entry into new business
to the Minister of Employment and Labor in accordance with
the previous provisions at the time of enforcement of this
Decree shall be paid the subsidy for entry into new business by
small and medium enterprises in accordance with the previous
provisions, notwithstanding the amended provision of Article 17,
if he/she satisfies such payment conditions as are prescribed in
the previous provisions. <Amended by Presidential Decree No.
22269, Jul. 12, 2010>
Article 7 (Transitional Measures concerning Subsidy for Re-hiring)
An employer who rehires a person who has left his/her job
due to employment adjustment in accordance with the previous
provisions at the time of enforcement of this Decree shall be
paid the subsidy for rehiring in accordance with the previous
provisions, notwithstanding the amended provision of Article 23,
if he/she satisfies such payment conditions as are prescribed in
the previous provisions.
Article 8 (Transitional Measures concerning Subsidy for Employment
of the Middle-and Old-aged Completing Training)
An employer who employs a middle- and old-aged person
completing training in accordance with the previous provisions
at the time of enforcement of this Decree shall be paid the
subsidy for employment of the middle- and old-aged completing
training in accordance with the previous provisions, notwithstanding
the amended provision of Article 27, if he/she satisfies the payment
conditions.
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1. EMPLOYMENT LAWS
Article 9 (Transitional Measures concerning Subsidies or Grants

for Businesses Subject to Blanket Application)
In the case of businesses subject to blanket application
under Article 8 of the Insurance Premium Collection Act, a
decision on whether there arises any of the reasons for providing
subsidies or grants referred to in Articles 6 through 8 of the
Addenda after the enforcement of this Act shall be governed by
the previous provision of Article 39.
Article 10 (Transitional Measures concerning Mutual Adjustment
between Subsidies or Grants)
Adjustments which should be made due to any of the
reasons for providing subsidies or grants referred to in the
previous provisions of Articles 17, 23 and 27 at the time of
enforcement of this Decree, or as there arises any of the reasons
for providing subsidies or grants referred to in Articles 6
through 9 of the Addenda after the enforcement of this Decree
shall be subject to the previous provision of Article 40.
Article 11 (Transitional Measures concerning Restrictions on Payment
of Subsidy, etc.)
If there is any of the reasons for providing subsidies or
grants referred to in the previous provisions of Article 17, 23
and 27 and Articles 6 through 9 of the Addenda and it is
confirmed that there is the reason for restrictions on the
payment referred to in the previous provision of Article 56, the
Minister of Employment and Labor may restrict the payment in
accordance with the previous provision. <Amended by Presidential
Decree No. 22269, Jul. 12, 2010>
Addenda <Presidential Decree No. 21152, Dec. 3, 2008>

promulgation.
Article 2 (Applicability)
expenses for vocational skills development training for the
unemployed, etc., which are paid after the enforcement of this
Decree.

Addenda
Enforcement Decree of the Act on Age Discrimination Prohibition in
Employment and Aged Employment Promotion>
“Aged Employment Promotion Act” in Article 25 (1) 1 shall
be changed to “Act on Age Discrimination Prohibition in
Employment and Aged Employment Promotion”.
“The aged under subparagraph 1 of Article 2 of the Aged
Employment Promotion Act and the semi-aged under subparagraph
1-2 of Article 2 of the Act” in subparagraphs 1 and 4 in Table
1 shall be changed to “the aged under subparagraph 1 of Article
2 of the Act on Age Discrimination Prohibition in Employment
and Aged Employment Promotion and the semi-aged under
subparagraph 2 of the same Article”.
Article 3 Omitted.
Addenda
<Presidential Decree No. 21263, Jan. 14, 2009; Revision of the
Enforcement Decree of the Act on Korea Occupational Safety and
Health Agency>

This Decree shall enter into force on the date of its promulgation.
“Korea Occupational Safety and Health Agency under the
Act on Korea Occupational Safety and Health Agency” in
Article 145 (4) shall be changed to “Korea Occupational Safety
and Health Agency under the Act on Korea Occupational Safety
and Health Agency”.
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1. EMPLOYMENT LAWS
Addenda <Presidential Decree No. 21348, Mar. 12, 2009>

promulgation: Provided that the amended provisions of Article
47-2 and Article 145 (2) 6 shall enter into force on April 1, 2009
and the amended provisions of Article 1-2 through Article 1-11
and Article 6-2 shall enter into force on July 1, 2009.
The amended provisions of Article 19 and Article 21 shall
apply to employment retention measures, for which an employment
retention plan is reported after the enforcement of this Decree.
If vocational skills development training received by an
insured person, for which the subsidy for taking training courses
could be provided at the time of enforcement of this Decree, is
excluded from the subsidy in accordance with the amended
provision of Article 43 (1) 3, the subsidy for taking training
courses shall be provided for such vocational skills development
training in accordance with the previous provision.
Addenda <Presidential Decree No. 21510, May 28, 2009>

promulgation: Provided that the amended provisions of
subparagraph 4 of Article 35, Article 37-2, Article 56 (1) 1
(limited to parts concerning Article 37-2) and Article 145 (2) 4-2
shall enter into force on June 1, 2009.
Article 2 (Validity Period)
The amended provisions of Article 19 (1) 5, the main part
of Article 20 (1) 1, Article 20 (4), Article 21 (1) 5, Article 21 (2)
3, subparagraph 4 of Article 35, Article 37-2, Article 56 (1) 1
(limited to parts concerning Article 37-2) and Article 145 (2) 4-2
shall remain valid until December 31, 2009.
Article 3 (Transitional Measures concerning Application After End
of Validity Period)
With regard to matters relating to fraudulent acts and matters
relating to plans for employment retention measures and plans

for continuous employment reported at the expiration of the

validity period provided for in Article 2 of the Addenda, each
respective provision shall apply even after the end of its
validity period until the necessary affairs are concluded.
Addenda <Presidential Decree No. 21590, Jun. 30, 2009; Revision of

the Enforcement Decree of the Building Act, etc., for the temporary
postponement of administrative regulations>

This Decree shall enter into force on July 1, 2009. <Proviso
Omitted>
Article 5 (Transitional Measures to Revision of the Enforcement
Decree of the Employment Insurance Act)
The amended provision of Article 13 (1) 2 shall apply to
workplaces where working hours are reduced in accordance
with Article 13 (1) of the Enforcement Decree of the Employment
Insurance Act after the enforcement of this Decree.
Addendum
<Presidential Decree No. 21626, Jul. 7, 2009; Revision of the Enforcement
Decree of the Outdoor Advertisements Control Act, etc., for the
application of sunset clauses>

This Decree shall enter into force on January 1, 2011:
Provided that the amended provisions of Article 43 (1) shall
enter into force on April 1, 2011.
Article 2 (Validity Period)
The amended provisions of Article 19 (1) 4, Article 20 (3),
the latter part of Article 21 (1) 1, Article 21 (1) 3 and 4, Article
21 (2) 2 and Article 32 shall remain valid until December 31,
2013.
▮▮ 239
1. EMPLOYMENT LAWS
Article 3 (Applicability concerning Preferentially Supported Enterprises)

workplaces when the reason for no longer meeting the criteria
for preferentially supported enterprises occurred after the year
2010.
Article 4 (Applicability concerning Support for Expenses of Employment
Creation)
The amended provisions of Article 17 shall apply from cases
where employers employ workers for the first time after the
enforcement of this Decree.
Article 5 (Applicability concerning Employment Retention Subsidy)
(1) The amended provisions of Article 19(1) shall apply to
cases after the plans for employment retention measures are
first reported pursuant to Article 20 (1) after the enforcement of
this Decree.
cases after the plans for employment retention measures are
first reported pursuant to Article 20 (1) after the enforcement of
this Decree.
(3) The amended provisions of Article 20(5) shall apply
where the fact that violations of the obligations of the plans for
employment retention measures have been identified for the
first time after the enforcement of this Decree.
Article 6 (Applicability concerning Subsidies for Local Employment
Promotion)
The amended provisions of Article 24 shall apply to cases
when the area concerned is an area first determined and
announced by the Minster of Employment and Labor as areas
needing support etc. for employment adjustment under Article
29 (1) of the Enforcement Decree of the Framework Act on
Employment Policy after the enforcement of this Decree.
Article 7 (Applicability concerning Subsidy for Employment Extension
of the Aged)
cases where the retirement age is abolished or extended pursuant
to the amended provisions of Article 25(1) 2 after the enforcement
of this Decree.
cases where workers are reemployed pursuant to Article 25(1)3

after the enforcement of this Decree.

Article 8 (Applicability concerning Employment Promotion Subsidy)
after an employer first hires an unemployed person falling
under any of the amended provisions of each subparagraph of
Article 26 (1) after the enforcement of this Decree.
Article 9 (Applicability concerning Subsidy for Managing Employment
Insurance for Construction Workers)
The amended provisions of Article 32 shall apply when an
employer first applies for the subsidy for managing employment
insurance for construction workers after the enforcement of this
Decree.
Article 10 (Applicability concerning Subsidy for Taking Courses)
The amended provisions of Article 43(1) 1 shall apply from
when an insured person begins taking vocational skills development
training for the first time after the enforcement of this Decree.
Article 11 (Applicability concerning Restrictions on Payment of
Subsidy, etc., for Fraudulent Acts)
The amended provisions of Article 56(2) shall apply after
cases of a return order or reason for restriction on payment of
subsidy occurs for the first time after the enforcement of this Decree.
Article 12 (Applicability concerning Payment of Individual Extended
Benefits)
The amended provisions of Article 73 shall apply after the
first application for individual extended benefits after the
enforcement of this Decree.
Article 13 (Applicability concerning Reduction of Child-care Leave
Benefits)
The amended provisions of Article 98 shall apply from cases
where child-care leave has begun after the enforcement of this
Decree.
Article 14 (Transitional Measures concerning Subsidy for Transforming
Shift Work System)
An employer who meets the payment conditions for the
subsidy for transforming shift work system as prescribed in the
previous provisions of Article 14 at the time of enforcement of
this Decree shall be paid the subsidy for transforming shift
work system in accordance with the previous provisions,
▮▮ 241
1. EMPLOYMENT LAWS
notwithstanding the amended provision of Article 14.

Article 15 (Transitional Measures concerning Support for Improvement
of Employment Environments by Small and Medium
Enterprises)
An employer who submits a plan following the procedures
determined by the Minister of Employment and Labor in
accordance with the previous provisions of Article 15 at the
time of enforcement of this Decree shall be paid the support in
accordance with the previous provisions, notwithstanding the
amended provision of Article 15, if he/she satisfies such
payment conditions prescribed in the previous provisions of
Article 15.
Article 16 (Transitional Measures concerning Subsidy for Use of
Professional Workforce by Small and Medium Enterprises)
subsidy for use of professional workforce by small and medium
enterprises as prescribed in the previous provisions of Article 16
at the time of enforcement of this Decree shall be paid the
subsidy for use of professional workforce by small and medium
enterprises in accordance with the previous provisions,
notwithstanding the amended provision of Article 16.
Article 17 (Transitional Measures concerning Subsidy for Out-placement
Service)
subsidy for out-placement service as prescribed in the previous
provisions of Article 22 at the time of enforcement of this
Decree shall be paid the subsidy for out-placement service in
accordance with the previous provisions, notwithstanding the
amended provision of Article 22.
Extension of the Aged)
An employer who has employed an aged worker as prescribed
in the previous provisions of Article 25(1) 1 at the time of
enforcement of this Decree shall be paid the employment promotion
subsidy of the aged for aged workers already employed at the
workplace concerned in accordance with the previous provisions,
notwithstanding the amended provision of Article 25(1) 1.
Article 19 (Transitional Measures concerning Wage Peak System
Subsidy)

An employer who implements the wage peak system as

prescribed in the previous provisions of Article 28 at the time
of enforcement of this Decree shall be paid the allowances for
the wage peak system in accordance with the previous provisions,
notwithstanding the amended provisions of Article 28.
Security of Pregnant Women and Women after Childbirth)
(1) Where the subsidy for continuous employment after
pregnancy and childbirth prescribed in the previous provisions
of Article 29 are being provided at the time of enforcement of
this Decree, the previous provisions shall apply, notwithstanding
the amended provisions of Article 29.
(2) Where the subsidy for child-care leave etc. and a
replacement worker prescribed in the previous provisions of
Article 30 are being provided at the time of enforcement of this
Decree, the previous provisions shall apply, notwithstanding the
amended provisions of Article 29 and 30.
Article 21 (Transitional Measures concerning Support for Retirement
Mutual-Aid Contributions for Construction Workers)
In regards to an employer who subscribed to the retirement
mutual aid scheme for construction workers and paid mutual-aid
contributions, and who applied for or received support of
mutual-aid contributions as prescribed in the previous provisions
of Article 31 at the time of enforcement of this Decree, the
previous provisions shall apply, notwithstanding the amended
provisions of Article 31.
Article 22 (Transitional Measures concerning Support Projects to
Promote Business Start-up by the Long-term Unemployed,
etc.)
In regards to an employer receiving support pursuant to the
previous provisions of Article 34(1) at the time of enforcement
of this Decree, the previous provisions shall apply, notwithstanding
the amended provisions of Article 34(1).
Article 23 (Transitional Measures concerning Support Programs for
Creating Part-Time Jobs)
In regards to the direct implementation or those implementing
the part-time job creation support program pursuant to the
previous provisions of Article 35(5) at the time of enforcement
of this Decree, the previous provisions shall apply, notwithstanding
the amended provisions of Article 35(5).
▮▮ 243
1. EMPLOYMENT LAWS
Article 24 (Transitional Measures concerning Mutual Adjustment

between Subsidies etc.)
In regards to the mutual adjustment between subsidies and
grants etc. where the reason for payment of the subsidies and
grants arose pursuant to the previous provisions of Article 14
through 16 at the time of enforcement of this Decree, the
previous provisions shall apply, notwithstanding the amended
provisions of Article 40.
Article 25 (Transitional Measures concerning Support for Vocational
Skills Development Training Costs to Employers)
In regards to vocational skills development training that is
implemented as prescribed in the previous provisions of item B
of Article 41(1) 5 at the time of enforcement of this Decree, the
employer shall be provided with support for vocational skills
development training costs in accordance with the previous
provisions, notwithstanding the amended provisions of item C
of Article 41(1) 5.
Article 26 (Transitional Measures concerning Restrictions on
Payment of Subsidy, etc.)
From among cases that fall under the reason for payment of
subsidies or grants prescribed in the previous provisions of
Article 14 through 16, Article 30 and 31, Addenda Article 14
through 16, Article 20(2) and 21 at the time of enforcement of
this Decree, if a return order or reason for restriction on
payment of subsidy is identified in accordance with the
previous provisions of Article 56 after the enforcement of this
Decree, a return order or restrictions on payment of subsidy
may be carried out pursuant to the previous provisions of
Article 56.
Article 27 (Transitional Measures concerning Amount of Child-care
Leave Benefits)
In the case of insured persons during the child-care leave
period at the time of enforcement of this Decree, in regards to
the amount of child-care leave benefits during a child-care leave
period before the enforcement of this Decree, the previous
provisions shall apply, notwithstanding the amended provisions
of Article 95.

Addenda <Presidential Decree No. 23139, Sep. 15, 2011>

40 (2) and Articles 104-2 through 104-4 shall enter into force on
September 22, 2011.
Article 2 (Transitional Measures Concerning Subsidy for Working
Hour Reduction by Small and Medium Enterprises)
With regard to an employer who meets the conditions of
subsidies for working hour reduction by small and medium
enterprises prescribed in the previous Article 13 at the time of
enforcement of this Decree, the subsidy shall be provided
according to the previous provisions.
Article 3 (Transitional Measures Concerning Subsidy for Workers
Taking Courses)
With regard to a person to receive vocational skills development
training prescribed in the previous Article 43 (1) 1 at the time
of enforcement of this Decree, the subsidy for workers taking
courses shall be provided according to the previous provisions.
Article 4 (Transitional Measures Concerning Support for Taking
Courses Using Worker Skills Development Cards)
With regard to a person to receive vocational skills development
training prescribed in the previous Article 44 at the time of
enforcement of this Decree, the necessary expenses for vocational
skills development training shall be provided according to the
previous provisions.
Parts of the Enforcement Decree of the Income Tax Act shall
“Subsidy for workers taking courses” in Article 110-3 (7) shall
be changed to “support for job ability improvement of workers.”
Addenda
<Presidential Decree No. 23274, Nov. 1, 2011; Revision of the
Enforcement Decree of the Immigration Control Act>
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1. EMPLOYMENT LAWS

“Article 23 (2) 1 and 2 of the Enforcement Decree of the
Immigration Control Act" in Article 3 (2) 1 C shall be changed
to "Article 23 (2) 1, 2 and 3 of the Enforcement Decree of the
Immigration Control Act".
Article 5 Omitted.
Addenda
Enforcement Decree of the Infant Care Act>

<Proviso omitted>
“Child-care facilities" in Article 38 (4) and the former and
latter parts of Article 38 (5) shall be changed to "child care
centers".
"Child-care facilities" in Article 145 (1) 23 and (2) 5 shall be
changed to "child care centers".
Addenda
Act>

Parts of the Enforcement Decree of the Employment
Article 145 (1) 9 shall be amended as follows:

9. Provision of vocational skills development training under

Article 145 (3) 2 shall be deleted and replaced by
subparagraph 1 of the same paragraph, and subparagraph 1 of
the same paragraph shall be newly inserted as follows:
1. Support to employers for vocational skills development
training under Article 27 of the Act.
Addenda
<Presidential Decree No. 23496, Jan. 6, 2012; Revision of the
Enforcement Decree of the Agricultural Cooperatives Act>

Subparagraph 2 of Article 108 shall be amended as follows:
2. Agricultural cooperatives banks under the Agricultural
Cooperatives Act.
Addenda <Presidential Decree No. 23513, Jan. 13, 2012>

12 shall enter into force six months after its promulgation, and
the amended provisions of Articles 41, 43, 93-2 and 144 shall
enter into force on January 22, 2012.

(1) The amended provisions of the proviso to Article 21 (1)
1 other than each item and item B of the same subparagraph
shall remain effective until December 31, 2013.
(2) The amended provisions of Article 25-2 and Article 40
(5) shall remain effective until December 31, 2014: Provided that
for employers who meet the requirements for receiving the
subsidy for employment of those aged 60 or over as of the
fourth quarter of 2014, those provisions shall remain effective
until such employers receive the relevant subsidy.
▮▮ 247
1. EMPLOYMENT LAWS
Article 3 (Applicability concerning Wage Peak System Subsidy)

cases where the wage peak system subsidy is paid with regard
to wages reduced after January 1, 2012.
Article 4 (Applicability concerning Subsidy for Employment Security
of Pregnant Women and Women after Childbirth)
(1) The amended provisions of Article 29 (1) 3 shall apply
to cases where a replacement worker is employed after this Decree
enters into force.
(2) The amended provisions of Article 29 (3) shall apply to
cases where child-care leave is granted after this Decree enters
into force.
Article 5 (Special Cases concerning Subscription to Insurance of
Public Officials in Special or Contractual Service)
(1) If at the time of enforcement of the Enforcement Decree
of the Employment Insurance Act partially amended by
Presidential Decree no. 21015 (hereinafter referred to as "the same
Decree" in this Article) a public official eligible for coverage under
Article 5 of the Addenda of the same Decree meets all of the
following requirements, the head of the relevant institution may
apply for employment insurance coverage to the head of the
competent Employment Security Office in the area where the
institution is located within three months from the date of
enforcement of this Decree notwithstanding Article 3-2 (1) and (2).
1. The head of the relevant institution or the relevant public
official eligible for coverage has not applied for employment
insurance coverage within the period under Article 3-2 (2)
and Article 5 of the Addenda of the same Decree;
2. The public official eligible for coverage is serving in the
relevant institution when this Decree enters into force; and
3. The public official is willing to join employment insurance.
(2) The provisions of Article 3-2 (3) through (7) shall also
apply to cases where an application for employment insurance
coverage is made pursuant to paragraph (1).
Notwithstanding the amended provisions of Article 25 (4)
and (5), employers who receive the subsidy for employment
extension of the aged at the time of enforcement of this Decree
shall be subject to the previous provisions.

Article 7 (Transitional Measures concerning Employment Promotion

Subsidy)
Notwithstanding the amended provisions of Article 26 (1)
and (4), those who employ unemployed people as insured
workers at the time of enforcement of this Decree shall be
subject to the previous provisions.
Article 8 (Transitional Measures concerning Support for Job Ability
Improvement of Workers)
Notwithstanding the amended provisions of Article 43 (1),
self-employed persons under the previous provisions of Article
144 who join the employment insurance scheme at the time of
enforcement of this Decree shall be subject to the previous
provisions.
Article 9 (Transitional Measures concerning Calculation of Child-care
Leave Benefits)
Notwithstanding the amended provisions of Article 95 (1), those
who apply for child-care leave benefits at the time of enforcement
of this Decree shall be subject to the previous provisions.
Addenda
Enforcement Decree of the Act on Equal Employment and Support for
Work-Family Reconciliation>

Article 2 Omitted.
"Maternity leave" in Article 29 (1) 2, Article 29 (1) 3 A,
Article 29 (4), the title and other parts of Article 100, the title
of Article 101, parts other than each subparagraph of Article
101, the main sentence and proviso of subparagraph 1 of Article
101, subparagraph 2 of Article 101, the former and latter parts
of Article 102, the former and latter parts of Article 103, the
title, main sentence and proviso of Article 104, Article 145 (1)
13 and Article 145-2 (1) 18 and 19 shall be changed to "maternity
leave".
▮▮ 249
1. EMPLOYMENT LAWS
(2) Omitted.
Addenda
<Presidential Decree No. 24155, Oct. 29, 2012; Revision of the
Enforcement Decree of the Act on the Employment Improvement, etc.,
of Construction Workers>

This Decree shall enter into force on November 1, 2012:
Provided that...the amended provisions of Article 3...shall enter
into force on January 1, 2013.

promulgation.
Article 2 (Applicability concerning Scope of Preferentially Supported
Enterprises)
The amended provisions of Article 12 (3) shall apply even
to preferentially supported enterprises for whom the application
period under the previous provisions has not expired yet.
Article 3 (Applicability concerning Employment Promotion Subsidy)
where an employer employs a person falling under any
subparagraph of Article 26 (1) as an insured worker after this
During Perinatal and Child-care Periods)
where an employer signs an employment contract after this
Notwithstanding the amended provisions of Article 25,
employers who receive the subsidy for employment extension of
the aged at the time of enforcement of this Decree shall be


Subsidy)
Notwithstanding the amended provisions of Article 28, wage
peak system subsidies for employers who implement the wage
peak system at the time of enforcement of this Decree shall be
Addenda <Presidential Decree No. 24514, Apr. 22, 2013>

This Decree shall enter into force on April 24, 2013.
Article 2 (Special Cases concerning Support for Workers Due to
Temporary Shutdown, etc.)
If an insured worker employed by an employer undertaking
a temporary shutdown, etc., which falls under the amended
provisions of Article 21-3 (1) at the time this Decree enters into
force intends to receive a subsidy, he/she shall apply for that
subsidy within 60 days from the enforcement date of this
Decree pursuant to the amended provisions of Article 21-3 (1).
Article 3 (Transitional Measures concerning Payment of Employment
Retention Subsidy)
The payment of employment retention subsidies for employment
retention measures which have been taken pursuant to the
previous provisions of Article 19 (1) before this Decree enters
into force shall be governed by the previous provisions
notwithstanding the amended provisions of Article 19.
Article 4 (Transitional Measures concerning Violation of Plan for
Employment Retention Measures)
Employers who have violated the obligation to comply with
a plan for employment retention measures before this Decree
notwithstanding the amended provisions of Article 20-2.
Addenda <Presidential Decree No. 24682, Aug. 6, 2013>

This Decree shall enter into force on October 1, 2013.
Article 3 (Transitional Measures concerning Fine for Negligence)
(1) The application of the criteria for imposition of fines for
negligence to any offence committed before this Decree enters
▮▮ 251
1. EMPLOYMENT LAWS

notwithstanding the amended provisions of Table 3.
(2) The imposition of a fine for negligence for any offence
included in calculating the number of offences under the
amended provisions of Table 3.
Addenda
<Presidential Decree No. 24852, Nov. 20, 2013; Revision of the
Decree on the Appointment of Public Officials>

"(Subscription to Insurance by Public Officials in Special and
Contractual Service)" in the title of Article 3-2 and "public
official in contractual service" in Article 3-2 (1) and the latter
part of Article 3-2 (3) shall be changed to "(Subscription to
Insurance by Public Officials in Special Services and Fixed-Term
Public Officials)" and "fixed-term public official", respectively.
Article 9 Omitted.

(1) The amended provisions of Article 25 shall be effective
until December 31, 2016: Provided that with regard to the
payment of subsidies to employers who have met the requirements
for payment of subsidy for employment extension of the aged
by December 31, 2013, the amended provisions of Article 25
shall apply even after the end of the effective period.
(2) The amended provisions of Article 28 shall be effective
until the date determined according to the following classification:

Provided that with regard to the payment of subsidies to

workers who have met the requirements for payment of wage
peak system subsidy by the date prescribed in subparagraphs 1
and 2, the amended provisions of Article 28 shall apply even
after the end of the effective period:
1. Businesses or workplaces ordinarily employing 300 workers
or more, public institutions under Article 4 of the Act on
the Management of Public Institutions, local government-
invested corporations under Article 49 of the Local Public
Enterprise Act and local government-owned corporations
under Article 76 of the same Act: December 31, 2015;
2. Businesses or workplaces ordinarily employing fewer than
300 workers and the State and local governments: December
31, 2016.
Article 3 (Applicability concerning Support for Employment Creation)
The amended provisions of the proviso to the part other
than each subparagraph of Article 17 (1) (limited to the
amended part related to subparagraph 1 of the same paragraph)
shall apply to employers who take job-sharing measures after
during Perinatal and Child-Care Period)
The amended provisions of Article 29 (1) and (4) shall apply
to cases where a replacement worker is employed after this
Article 5 (Applicability concerning Support for Employment Promotion
Facilities)
shall apply to cases where a child care center is established or
operated after this Decree enters into force.
Article 6 (Applicability concerning Limits on Support to Employers
for Vocational Skills Development Training Expenses)
subsidies for vocational skills development training which begins
Article 7 (Applicability concerning Support for Development of
Vocational Skills of Workers)
insured workers who begin to receive vocational skills
development training after this Decree enters into force.
▮▮ 253
1. EMPLOYMENT LAWS
Article 8 (Transitional Measures concerning Those Entitled to

Employment Retention Subsidy)
The payment of employment retention subsidies to employers
who have taken employment retention measures pursuant to the
previous provisions of Article 19 (1) 4 before this Decree enters
notwithstanding the amended provisions of Article 19 (1) 4.
Article 9 (Transitional Measures concerning Implementation of
Plan for Employment Retention Measures)
An employer who reported a plan for employment retention
measures on the ground prescribed in the previous provisions
of Article 19 (1) 4 before this Decree enters into force shall
make a report to the Minister of Employment and Labor pursuant
to the previous provisions notwithstanding the amended provisions
of Article 20 (3).
Article 10 (Transitional Measures concerning Amount of Employment
Retention Subsidy, etc.)
The amount of employment retention subsidy and the extent
of payment for employers who have taken employment retention
measures pursuant to the previous provisions of Article 19 (1) 3
and 4 before this Decree enters into force shall be governed by
the previous provisions notwithstanding the amended provisions
of Article 21.
Article 11 (Transitional Measures concerning Subsidy for Promotion
of Local Employment)
Restrictions on the payment of subsidies to employers who
have met the requirements for payment of subsidy for promotion
of local employment under Article 24 (1) before this Decree
notwithstanding the amended provisions of Article 24 (6).
(1) The payment of subsidies to employers who have met
the requirements for payment of subsidy for employment extension
of the aged under the previous provisions of Article 25 (1)
before this Decree enters into force shall be governed by the
previous provisions notwithstanding the amended provisions of
the proviso to the part other than each subparagraph of Article
25 (1), subparagraph 2 of the same paragraph and paragraph
(5) of the same Article.

(2) The amended provisions of Article 25 (1) 3 and of the

latter part other than each subparagraph of Article 25 (4) shall
apply to subsidies for employment extension of the aged for
workers reemployed after this Decree enters into force.
Subsidy)
Wage peak system subsidies provided in cases where an
employer is implementing the wage peak system at the time
this Act enters into force shall be governed by the previous
provisions notwithstanding the amended provisions of Article 28
(1) 1 and 4, Article 28 (2) 1 and 3 and Article 28 (4).
Article 14 (Transitional Measures concerning Provision of Subsidy
for Managing Employment Insurance for Construction
Workers)
The payment of subsidies for managing employment insurance
to employers who have met the requirements for payment of
subsidy for managing employment insurance for construction
workers under the previous provisions of Article 32 before this
Decree enters into force shall be governed by the previous
provisions notwithstanding the amended provisions of Article 32.
Article 15 (Transitional Measures concerning Support for Employment
Training)
Support for employment training for insured persons, etc.,
who are receiving vocational skills development training pursuant
to the previous provisions of Article 47 (1) at the time this Decree
Article 16 (Transitional Measures concerning Restrictions on Payment
of Subsidies, etc., Due to Fraudulent Acts)
Restrictions on the payment of subsidies to employers for
whom the reason for restricting subsidy payment under the
previous provisions of Article 56 (1) occurred before this Decree
Article 17 (Transitional Measures concerning Standards for Paying
Early Reemployment Allowances)
The payment of early reemployment allowances to those
who applied for recognition of their eligibility for job-seeking
benefits pursuant to Article 42 of the Act before this Decree
▮▮ 255
1. EMPLOYMENT LAWS

Article 18 (Transitional Measures concerning Amount of Early
Reemployment Allowance)
The amount of early reemployment allowance for those who
applied for recognition of their eligibility for job-seeking benefits
pursuant to Article 42 of the Act before this Decree enters into
force shall be governed by the previous provisions notwithstanding
the amended provisions of Article 85 (2).
Article 19 (Transitional Measures concerning Claims for Early
Reemployment Allowances)
The submission of claims for early reemployment allowances
by those who applied for recognition of their eligibility for
job-seeking benefits pursuant to Article 42 of the Act before this
Decree enters into force shall be governed by the previous
provisions notwithstanding the amended provisions of Article 86 (2).
Parts of the Enforcement Decree of the Employee Retirement
Benefit Security Act shall be revised as follows:
"Article 28 (1) 1 through 3 of the Enforcement Decree of the
Employment Insurance Act" in Article 3 (1) 6 shall be changed
to "Article 28 (1) 1 and 2 of the Enforcement Decree of the
Employment Insurance Act"

Article 2 (Applicability concerning Provision of Subsidy for Employment

Security during Perinatal and Child-Care Period)
The amended provisions of Article 29 (1) 2 shall apply to
cases where a subsidy for employment security during the perinatal
and child-care period is paid to an employer employing a
worker who gives birth after this Decree enters into force.
Article 3 (Applicability concerning Maximum Amount of Maternity

Leave Benefit)
The amended provisions of subparagraph 1 of Article 101
shall apply to workers who give birth after this Decree enters
into force.

[Table 1] <Newly Inserted on Oct. 29, 2012>
Criteria for Number of Ordinarily Employed Workers in

Preferentially Supported Enterprises
Classification No. of ordinarily employed

Industrial classification
code workers
1. Manufacturing C 500 workers or fewer
2. Mining B
3. Construction F
4. Transportation H
5. Publishing, motion picture,

broadcasting, telecommunications J
300 workers or fewer
& information services
6. Business facilities management

N
& business support services
7. Professional, scientific &

M
technical services
8. Health & social work services Q
9. Wholesale & retail trade G
10. Accommodation & food

I
services
200 workers or fewer
11. Financial & insurance activities K
12. Arts, sports & recreation

R
related services
13. Other industries 100 workers or fewer
Remarks: The above industrial classification and classification

codes are based on the Korea Standard Industrial
Classification announced by the head of the Statistics Korea
under Article 22 of the Statistics Act.
▮▮ 257
1. EMPLOYMENT LAWS
[Table 2] <Amended on Oct. 29, 2012>
Period of Restriction of Subsidy Payment for Fraudulent Acts

Classification Restriction Period
Less than 3 million won 3 months
The amount of subsidy the 3 million won or more

6 months
employer receives or ∼less than 5 million won
intends to receive in a false 5 million won or more
or other fraudulent way 9 months
∼ less than 10 million won
10 million won or more 12 months

[Table 3] <Amended on Oct. 29, 2012>
Criteria for Imposition of Fines for Negligence by Type of Violation

(Relating to Article 146)
Provisions Amount of fine for

Violation
Concerned Negligence
1. A person who fails to report or makes a Article 118
false report in violation of Article 15 of (1) 1 of the
the Act Act
A. Failing to report or making a false 100,000 won per insured

report habitually person. However, the
total amount of fine for
negligence shall not
exceed 3 million won.
B. Failing to report intentionally or making 80,000 won per insured

a false report person. However, the
C. Other cases including being negligent in 50,000 won per insured

reporting person. However, the
2. A person who fails to submit a Article 118

document confirming separation from (1) 2 of the
employment or submits a false document Act
in violation of Article 16 (1) of the Act
A. Failing to submit the document or 3 million won

submitting a false document habitually
B. Failing to submit the document 2 million won

intentionally or submitting a false
document
C. Other cases including being negligent in 1 million won

submitting the document
▮▮ 259
1. EMPLOYMENT LAWS

Violation
3. A person who refuses to issue a Article 118
document confirming separation from (1) 3 of the
employment in violation of the latter part Act
of Article 16 (2) of the Act
A. Refusing to issue the document 3 million won

habitually
B. Refusing to issue the document 2 million won

intentionally
C. Being negligent in issuing the document 1 million won
4. A person who fails to make a report or Article 118

makes a false report or fails to submit a (1) 4 of the
document or submits a false document in Act
violation of Article 108 (1) of the Act
A. Failing to report or to submit a 3 million won

document or making a false report or
submitting a false document habitually
B. Failing to report or to submit a 2 million won

document intentionally or making a
false report or submitting a false
document
C. Other cases including failing to report 1 million won

or to submit a document
5. A person who refuses to issue a Article 118

certificate in violation of Article 108 (2) (1) 5 of the
of the Act Act
A. Avoiding or refusing issuance of a 3 million won

certificate habitually
B. Avoiding or refusing issuance of a 2 million won

certificate intentionally
C. Other cases including avoiding or 1 million won

refusing issuance of a certificate


Violation
6. A person who fails to answer questions, Article 118
makes a false statement or refuses, (1) 6 of the
obstructs or evades investigation under Act
A. Refusing to answer, making a false 3 million won

statement or refusing, obstructing or
evading investigation habitually
B. Refusing to answer, making a false 2 million won

statement intentionally or refusing,
obstructing or evading investigation
C. Other cases including refusing to 1 million won

answer or refusing, obstructing or
evading investigation
7. A person who fails to report or makes a Article 118

false report or fails to submit a (2) 1 of the
document or submits a false document or Act
fails to be present in violation of Article
108 (3) of the Act
A. Refusing to report, to submit a 1 million won

document or to be present or avoiding
them habitually or making a false
report or submitting a false document
habitually
B. Refusing to report, to submit a 500,000 won

document or to be present or avoiding
them intentionally or making a false
report or submitting a false document
C. Other cases including refusing or 300,000 won

evading reporting, submission of
documents or presence
8. A person who fails to answer questions, Article 118

makes a false statement or refuses, (2) 2 of the
obstructs or evades investigation under Act
Article 109 (1)　of the Act
▮▮ 261
1. EMPLOYMENT LAWS

Violation
A. Refusing to answer, making a false 1 million won
statement or obstructing investigation
habitually
B. Refusing to answer, making a false 500,000 won

statement intentionally or obstructing
investigation
C. Other cases including refusing to 300,000 won

answer, or refusing or evading
investigation
9. A person who fails to answer the Article 118

questions of the examiner or the appeal (3) of the
committee examining or reexamining a Act
request submitted under Article 87 of the
Act or gives a false answer or refuses,
obstructs or evades investigation
A. Refusing to answer intentionally, 1 million won

making a false statement or obstructing
investigation
B. Other cases including refusing to 500,000 won

answer or refusing or evading
investigation

ACT ON EQUAL EMPLOYMENT AND SUPPORT FOR WORK-FAMILY RECONCILIATION
ACT ON EQUAL EMPLOYMENT AND SUPPORT FOR

WORK-FAMILY RECONCILIATION
Act No. 3989, Dec. 4, 1987
Amended by Act No. 4126, Apr. 1, 1989

Act No. 4976, Aug. 4, 1995
Act No. 5933, Feb. 8, 1999
Wholly amended by Act No. 6508, Aug. 14, 2001
Amended by Act No. 7564, May 31, 2005
Act No. 7822, Dec. 30, 2005
Act No. 8372, Apr. 11, 2007
Act No. 8781, Dec. 21, 2007
Act No. 9792, Oct. 9, 2009
Act No. 9795, Oct. 9, 2009
Act No. 9998, Feb. 4, 2010
Act No. 10339, Jun. 4, 2010
Act No. 10789, Jun. 7, 2011
Act No. 11274, Feb. 1, 2012
Act No. 11461, Jun. 1, 2012
Act No. 12244, Jan. 14, 2014
Act No. 12628, May 20, 2014
CHAPTER Ⅰ
General Provisions
Article 1 (Purpose)
The purpose of this Act is to realize gender equality in
employment in accordance with the principle of equality proclaimed
in the Constitution of the Republic of Korea by ensuring equal
opportunities and treatment in employment between men and
women and protecting maternity and promoting female employment,
and to contribute to the improvement of all the people's quality
of life by supporting the reconciliation of work and family life
for workers.
The definition of terms used in this Act shall be as follows:
1. The term “discrimination” means that an employer applies
different hiring and working conditions to workers, or
takes any other disadvantageous measures against them
▮▮ 263
2. EQUAL EMPLOYMENT
without any justifiable reasons on account of sex, marriage,

status within family, pregnancy, or child-birth, etc. (including
cases where even if an employer applies the same hiring
or working conditions, the number of men or women
who can meet the conditions is considerably less than that
of the opposite sex, thus causing a disadvantageous result
to the opposite sex, and the said conditions cannot be
proved justifiable): Provided that this shall not apply to
cases falling under any one of the following items:
A. Where a specific sex is inevitably required in view of
the nature of duties;
B. Where measures are taken to protect maternity, such as
pregnancy, childbirth and lactation of female workers, etc.;
C. Other cases where affirmative action measures are taken
under this Act or other Acts.
2. The term “sexual harassment at work” refers to a situation
where an employer, a superior, or a worker causes another
worker to feel sexually humiliated or offended by sexually
charged words or actions by using their position in the
workplace or in relation to work, or gives disadvantages
in employment for disregarding sexual words or actions
or any other demands, etc.
3. The term “affirmative action measure” means a measure
to favorably treat a specific sex temporarily in order to
eliminate existing employment discrimination between men
and women or to promote equal employment.
4. The term “worker” means a person employed by an employer
and a person having the intention to be employed.
(1) This Act shall apply to all businesses or workplaces
(hereinafter referred to as “business”) that employ workers; Provided
that all or part of this Act may not apply to business prescribed
(2) Unless otherwise provided for by other Acts, the realization
of gender equality in employment and reconciliation of work
and family life shall be governed by this Act.
Article 4 (Responsibility of State and Local Governments)
(1) The State and local governments shall, in order to achieve
the purposes of this Act, promote the people's interest and

understanding, support women's vocational skills development

and employment promotion for them, and make necessary efforts
to eliminate all elements undermining the realization of equal
employment between men and women.
(2) The State and local governments shall support workers
and employers' efforts to reconciliate work and family life, and
make efforts to raise financial resources and prepare conditions
necessary for the reconciliation of work and family life.
Article 5 (Responsibility of Workers and Employers)
(1) Workers shall make efforts to create a workplace culture,
where men and women are equally respected based on mutual
understanding.
(2) Employers shall make efforts to create a working environment
where male and female workers can display their abilities under
equal conditions by improving practices and institutions undermining
the realization of gender equality in employment.
(3) Employers shall make efforts to improve practices and
institutions in the workplace undermining the reconciliation of
work and family life, and create a working environment that
can support the reconciliation of work and family life.
Article 6 (Establishment of Measures, etc.)
and carry out the policies falling under any of the following
subparagraphs to realize gender equality in employment and the
reconciliation of work and family life: <Amended by Act No.
10339, Jun. 4, 2010>
1. Publicity for spreading awareness about gender equality
in employment;
2. Selection of and administrative and financial support for
companies with an exemplary practice of gender equality
in employment (including excellent companies in affirmative
action measures under Article 17-4);
3. Establishment and implementation of a campaign period
for gender equality in employment;
4. Survey and research to eliminate gender discrimination and
expand the employment of women;
5. Improvement of institutions and administrative and financial
support for maternity protection and the reconciliation of
work and family life;
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2. EQUAL EMPLOYMENT
6. Other measures necessary to realize equal employment

and the reconciliation of work and family life
(2) The Minister of Employment and Labor shall make efforts
to reflect opinions of the interested parties in establishing and
implementing policies under paragraph (1), and if it is deemed
necessary, he may ask for cooperation from the heads of
relevant administrative agencies, local governments and other
public organizations. <Amended by Act No. 10339, Jun. 4, 2010>
Article 6-2 (Establishment of Basic Plan)
basic plan on the realization of equal employment and the
reconciliation of work and family life (hereinafter referred to as
“basic plan”). <Amended by Act No. 10339, Jun. 4, 2010>
(2) The basic plan as referred to in paragraph (1) shall include
the following matters: <Amended by Act No. 10339, Jun. 4, 2010>
1. Matters on the promotion of female employment;
2. Matters on the guarantee of equal opportunities and
treatment for men and women;
3. Matters on the entrenchment of the principle of equal pay
for work of equal value;
4. Matters on the development of women's vocational skills;
5. Matters on maternity protection for female workers;
6. Matters on support for the reconciliation of work and family life;
7. Matters on the installation and operation of welfare facilities
for female workers;
8. Other matters deemed necessary by the Minister of Employment
and Labor for the realization of gender equality in employment
and reconciliation of work and family life.
Article 6-3 (Conducting Research on Actual Conditions)
(1) The Minister of Employment and Labor shall regularly
conduct a survey to find out the current status of the elimination
of gender discrimination, maternity protection, and reconciliation
of work and family life in the workplace. <Amended by Act No.
10339, Jun. 4, 2010>
(2) Necessary matters, such as the target people, period,
details, etc., of the survey under paragraph (1) shall be prescribed

CHAPTER Ⅱ
Guarantee of Equal Opportunities, and Treatment, etc.
in Employment of Men and Women
SECTION I
Guarantee of Equal Opportunities and Treatment for

Men and Women
Article 7 (Recruitment and Hiring)

(1) An employer shall not discriminate on grounds of gender
in recruitment and hiring of workers.
(2) When recruiting and hiring female workers, an employer
shall not present nor demand certain physical conditions, such
as appearances, height, weight, etc., and unmarried conditions
not required for performing the relevant duties, and any other
conditions prescribed by the Ordinance of the Ministry of
Article 8 (Wages)
(1) An employer shall provide equal pay for work of equal
value in the same business.
(2) The criteria for work of equal value shall be skills, efforts,
responsibility and working conditions, etc., required to perform
the work. And in setting the criteria, an employer shall listen to
opinions of the member representing the workers at the
Labor-Management Council as prescribed in Article 25.
(3) A separate business established by an employer for the
purpose of wage discrimination shall be considered the same
business.
Article 9 (Money, Valuables, etc. Other Than Wages)
An employer shall not discriminate on grounds of gender in
providing welfare, such as providing money, goods or loans,
etc. in order to support the living of his/her workers aside
from wages.
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Article 10 (Education, Assignment and Promotion)

An employer shall not discriminate on grounds of gender in
education, assignment and promotion of his/her workers.
Article 11 (Retirement Age, Retirement and Dismissal)
(1) An employer shall not discriminate on grounds of gender
in retirement age limit, retirement and dismissal of his/her workers.
(2) No employer shall make a labor contract that stipulates
marriage, pregnancy or childbirth of female workers as grounds
for retirement.
SECTION Ⅱ
Prohibition and Prevention of Sexual Harassment at Work
Article 12 (Prohibition of Sexual Harassment at Work)

No employer, superior or worker shall engage in sexual
harassment at work.
Article 13 (Education to Prevent Sexual Harassment at Work)
(1) An employer shall conduct education in order to prevent
sexual harassment at work (hereinafter referred to as "sexual
harassment prevention education”) and to create a safe working
environment for workers.
(2) Employers and workers shall receive the sexual harassment
prevention education prescribed in paragraph (1). <Newly
Inserted by Act No. 12244, Jan. 14, 2014>
(3) Necessary matters concerning the contents, methods,
frequency, etc. of the sexual harassment prevention education
under paragraphs (1) and (2) shall be prescribed by the
Presidential Decree. <Amended by Act No. 12244, Jan. 14, 2014>
Article 13-2 (Entrustment of Sexual Harassment Prevention Education)
(1) An employer may conduct sexual harassment prevention
education by entrusting it to an institution designated by the
Minister of Employment and Labor (hereinafter referred to as
“institution for sexual harassment prevention education”).

(2) An institution for sexual harassment prevention education

shall be designated among the institutions prescribed by the
Ordinance of the Ministry of Employment and Labor, and it
shall have one or more of the lecturers prescribed by the
by Act No. 10339, Jun. 4, 2010>
(3) An institution for sexual harassment prevention education
shall conduct education, keep data relating to execution of
education, including education completion certificate or the roster
of persons completing the education, etc., and deliver such data
to employers or educatees, as
(4) If an institution for sexual harassment prevention education
falls under any of the following subparagraphs, the Minister of
Employment and Labor may cancel the designation: <Amended
by Act No. 10339, Jun. 4, 2010>
1. Where the designation has been obtained in a false or
other unlawful ways;
2. Where the lecturer under paragraph (2) has not been
placed for 6 consecutive months or longer without any
justifiable reason.
(5) The Minister of Employment and Labor shall hold a
hearing if he/she is to cancel the designation of an institution
for sexual harassment prevention education pursuant to paragraph
(4). <Newly Inserted by Act No. 12628, May 20, 2014>
Article 14 (Measures to Be Taken in case of Sexual Harassment at Work)
(1) An employer shall take without delay disciplinary
measures or any other equivalent actions against the sexual
harasser if an occurrence of sexual harassment at work has
been verified.
(2) No employer shall dismiss or take any other disadvantageous
measures against a worker who has been damaged with regard
to sexual harassment at work or claimed damage occurred from
sexual harassment.
Article 14-2 (Prevention of Sexual Harassment by Clients, etc.)
(1) If a person closely related to the duties, such as a client,
etc., causes a worker to feel sexually humiliated or offended by
sexual words, actions, etc., during the performance of duties, and
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2. EQUAL EMPLOYMENT
such worker requests resolution of the grievances thereby, the

employer shall make efforts to take all possible measures, such
as the change of the place of work, relocation, etc.
(2) No employer shall dismiss or take any other disadvantageous
measures against the worker on account of his/her claim for any
damage under paragraph (1) or of disregard for sexual demands
from clients, etc.
SECTION Ⅲ
Skills Development and Employment Promotion for

Women
Article 15 (Vocational Guidance)

The Employment Security Office prescribed in subparagraph
1 of Article 2-2 of the Employment Security Act shall take
measures necessary for vocational guidance, such as offering
employment information and survey and research materials on
jobs, etc., in order to enable women to choose a job according
to their aptitude, competency, experience and skills, and adapt
themselves with ease to such jobs. <Amended by Act No. 9795,
Oct. 9, 2009>
Article 16 (Skills Development)
The State, local governments and employers shall guarantee
equal opportunities for men and women in all forms of skills
development training in order to develop and improve women's
vocational competency.
Article 17 (Employment Promotion for Women)
(1) The Minister of Employment and Labor may support all
or part of the expenses incurred by non-profit corporations and
organizations which establish and operate facilities to promote
women's employment. <Amended by Act No. 10339, Jun. 4, 2010>
(2) The Minister of Employment and Labor may support all
or part of the expenses incurred by employers who conduct
business to promote the employment of women, or who intend
to improve their working environments in the workplace, such

as establishing a resting place for women, lactation facility, etc.

Article 17-2 (Skills Development and Employment Promotion Support
for Career-Break Women)
(1) The Minister of Employment and Labor shall select occupations
with good employment prospects and develop specialized training
and employment promotion programs for career-break women
who leave their jobs for such reasons as pregnancy, childbirth,
childcare, etc. but have an intention to be reemployed (hereinafter
referred to as “career-break women”). <Amended by Act No. 10339,
Jun. 4, 2010>
(2) The Minister of Employment and Labor shall provide
career-break women with information on jobs, vocational training,
etc., and services, such as professional vocational guidance,
counseling, etc., through the Employment Security Office
prescribed in subparagraph 1 of Article 2-2 of the Employment
Security Act. <Amended by Act No. 10339, Jun. 4, 2010>
SECTION Ⅳ
Affirmative Action Measures

Article 17-3 (Establishment, Submission, etc. of Implementation Plans
for Affirmative Action Measures)
(1) The Minister of Employment and Labor may request
employers falling under any of the following subparagraphs
whose employed female workers' ratio by occupation is short of
the employment standard for each industry and scale, provided
for by the Ordinance of the Ministry of Employment and Labor,
to establish and submit implementation plans for affirmative
action measures to improve discriminatory employment practices
and systems (hereinafter referred to as “implementation plans”).
In such cases, the relevant employer shall submit the
implementation plans: <Amended by Act No. 10339, Jun. 4, 2010>
1. Heads of public agencies and organizations prescribed by
the Presidential Decree;
2. Employer of business employing more workers than the
scale prescribed by the Presidential Decree.
(2) An employer falling under any subparagraph of paragraph
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2. EQUAL EMPLOYMENT
(1) shall submit a report on the current status of male and

female workers by occupation and by position to the Minister
(3) An employer not falling under any subparagraph of
paragraph (1) who intends to take affirmative action measures
may prepare a report on the current status of male and female
workers by occupation and the implementation plans, and submit
them to the Minister of Employment and Labor. <Amended by
Act No. 10339, Jun. 4, 2010>
(4) The Minister of Employment and Labor shall examine
the implementation plans submitted under paragraphs (1) and
(3), and in cases where the relevant details are not clear or the
efforts to improve discriminatory employment practices are
insufficient, thus deemed inappropriate as implementation plans,
he/she may request the relevant employer to supplement the
implementation plans. <Amended by Act No. 10339, Jun. 4, 2010>
(5) Matters necessary for implementation plans under
paragraphs (1) and (2), items to be entered in a report on the
current status of male and female workers, time and procedures
for submission, etc. shall be prescribed by the Ordinance of the
Jun. 4, 2010>
Article 17-4 (Evaluation of Performance Results and Support, etc.)
(1) A person who has submitted an implementation plan
under Article 17-3 (1) and (3) shall submit the performance
results to the Minister of Employment and Labor. <Amended by
Act No. 10339, Jun. 4, 2010>
(2) The Minister of Employment and Labor shall evaluate
the performance results submitted under paragraph (1), and
notify the employer of the results.
(3) The Minister of Employment and Labor may commend
an enterprise with excellent performance results based on the
evaluation results under paragraph (2) (hereinafter referred to as
“enterprise of excellent affirmative action measure”). <Amended
by Act No. 10339, Jun. 4, 2010>
(4) The State and local governments may render administrative
and financial support to enterprises with excellent affirmative
action measures.
(5) The Minister of Employment and Labor may urge employers
with poor performance results based on the evaluation results

under paragraph (2) to carry out their implementation plans.

(6) The Minister of Employment and Labor may entrust evaluation
duties under paragraph (2) to institutions or organizations
10339, Jun. 4, 2010>
(7) Necessary matters concerning items to be entered in the
performance results under paragraph (1), time and procedures
for submission, and notification procedures for evaluation results
Jun. 4, 2010>
Article 17-5 (Publication of List of Employers Who Fail to Implement
Affirmative Action Measures)
(1) The Minister of Employment and Labor may publicize a
list of employers who have fallen short of the standard referred
to in Article 17-3 (1) three times in a row before the due date
of publication of the list, and after being urged to deliver under
Article 17-4 (5), fail to comply therewith: Provided that this
shall not apply in cases where there is a reason prescribed by
the Presidential Decree, such as the death of the employer or
the extinction of the business.
(2) Matters necessary for publication, such as the specific criteria
for, details of, and methods of, publication under paragraph (1)
Article 17-6 (Posting of Implementation Plans, etc.)
An employer who has submitted an implementation plan
under Article 17-3 (1) shall take necessary measures, such as
posting the implementation plan and the implementation results
under Article 17-4 (1), so that workers can peruse them.
Article 17-7 (Cooperation on Affirmative Action Measures)
The Minister of Employment and Labor may request the
heads of related administrative agencies to take necessary
measures for correction or prevention of discrimination if deemed
necessary for the efficient implementation of affirmative action
measures. In such cases, the heads of related administrative
agencies shall comply with such request unless there is any
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2. EQUAL EMPLOYMENT
special reason. <Amended by Act No. 10339, Jun. 4, 2010>

Article 17-8 (Deliberation on Important Matters concerning Affirmative
Action Measures)
The following matters concerning affirmative action measures
shall be subject to deliberation by the Employment Policy Council
under Article 10 of the Framework Act on Employment Policy:
1. Matters concerning standards for employment of female
workers under Article 17-3 (1);
2. Matters concerning examination of implementation plans
3. Matters concerning evaluation of performance results of
affirmative action measures under Article 17-4 (2);
4. Matters concerning commendation and support for enterprises
with excellent affirmative action measures under Article
17-4 (3) and (4);
5. Other matters referred for discussion by the chairman of
the Employment Policy Council on affirmative action
measures
Article 17-9 (Surveys, Research etc. of Affirmative Action Measures)
(1) The Minister of Employment and Labor may conduct
projects, including surveys, research, education and publicity, in
order to efficiently perform duties concerning affirmative action
measures. <Amended by Act No. 10339, Jun. 4, 2010>
(2) The Minister of Employment and Labor may entrust part
of the duties under paragraph (1) to persons prescribed by the
Presidential Decree, if deemed necessary. <Amended by Act No.
10339, Jun. 4, 2010>
CHAPTER Ⅲ
Maternity Protection
Article 18 (Support for Maternity Leave)

(1) The State may provide those meeting certain requirements
among the workers who have taken maternity leave or miscarriage

and stillbirth leave pursuant to Article 74 of the Labor Standards

Act with an amount equivalent to the ordinary wages
(hereinafter referred to as “maternity leave benefits, etc.”) for
the period of the relevant leave. <Amended by Act No. 11274,
Feb. 1, 2012>
(2) Maternity leave benefits, etc. paid under paragraph (1)
shall be deemed to have been paid by the employer within the
limit of the said amount under Article 74 (4) of the Labor
Standards Act. <Amended by Act No. 11274, Feb. 1, 2012>
(3) Expenses required for paying maternity leave benefits,
etc., may be borne by national finances or the social insurance
under the Framework Act on Social Security. <Amended by Act
No. 11274, Feb. 1, 2012>
(4) If a female worker intends to receive maternity leave
benefits, etc., the employer shall actively cooperate in all the
procedures, such as preparation or verification of the relevant
documents, etc. <Amended by Act No. 11274, Feb. 1, 2012>
(5) Necessary matters concerning the requirements, duration
and procedures for payment of maternity leave benefits, etc.
shall be prescribed by a separate Act. <Amended by Act No. 11274,
Feb. 1, 2012>
Article 18-2 (Paternity Leave)
(1) If a worker requests leave on grounds of his spouse's
childbirth, the employer shall grant him leave at least three
days long but not exceeding five days. In such cases, payments
shall be made for the first three days of the leave period used.
(2) The leave referred to in paragraph (1) may not be
requested after the lapse of thirty days from the date when the
worker's spouse gave birth.
CHAPTER Ⅲ-2
Support for Work-Family Reconciliation
Article 19 (Childcare Leave)

(1) If a worker asks for leave (hereinafter referred to as
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2. EQUAL EMPLOYMENT
“childcare leave”) to take care of his/her child (including an

adopted child) who is aged eight or under, or in the second
grade or lower in elementary school, the employer shall grant
it: Provided that this shall not apply in such cases as prescribed
by the Presidential Decree. <Amended by Act No. 9998, Feb. 4,
2010 and Presidential Decree No. 12244, Jan. 14, 2014>
(2) The period of childcare leave shall be one year or less.
(3) An employer shall not dismiss or give any other
disadvantageous treatment to a worker on account of taking
childcare leave, nor dismiss the worker during the childcare
leave period; Provided that this shall not apply if the employer
is not able to continue his/her business.
(4) After end of childcare leave, the employer shall restore
the worker to the same work as before leave or any other work
paying the same level of wages. The period of childcare leave
under paragraph (2) shall be included in the worker's continuous
service period.
(5) The period of childcare leave taken by a fixed-term
worker or a dispatched worker shall not be included in the
calculation of the employment period under Article 4 of the Act
on the Protection, etc., of Fixed-Term and Part-Time Employees
or of the worker dispatch period under Article 6 of the Act on
the Protection, etc., of Dispatched Workers. <Newly Inserted by
Act No. 11274, Feb. 1, 2012>
(6) Necessary matters concerning methods, procedures, etc.
for application for childcare leave shall be prescribed by the
Presidential Decree. <Amended by Act No. 11274, Feb. 1, 2012>
Article 19-2 (Reduction of Working Hours for Childcare Period)
(1) If a worker eligible to ask for childcare leave pursuant
to Article 19 (1) requests working hour reduction (hereinafter
referred to as “working hour reduction for a childcare period”)
instead of childcare leave, the employer shall grant it: Provided
that this shall not apply in cases prescribed by the Presidential
Decree, such as when it is impossible to hire a replacement
worker or when it causes serious disruption to normal business
operations. <Amended by Act No. 11274, Feb. 1, 2012>
(2) If the employer does not grant working hour reduction
for a childcare period pursuant to the proviso of paragraph (1),
he/she shall notify the relevant worker of the reason in writing
and have him/her take childcare leave or consult with the
relevant worker as to whether to support him/her through other

measures. <Amended by Act No. 11274, Feb. 1, 2012>

(3) If the employer grants working hour reduction for a
childcare period to the relevant worker under paragraph (1), the
working hours after reduction shall be 15 hours or more a
week but shall not exceed 30 hours a week.
(4) The period of working hour reduction for a childcare
period shall be one year or less.
(5) The employer shall not dismiss or give any other
disadvantageous treatment to the relevant worker on account of
working hour reduction for a childcare period.
(6) After the period of working hour reduction for a childcare
period is over, the employer shall restore the worker to the
same work or the work paying the same level of wages as
before working hour reduction for a childcare period.
(7) Necessary matters concerning methods, procedures, etc.
for application for working hour reduction for a childcare
period shall be prescribed by the Presidential Decree.
Article 19-3 (Working Conditions, etc., during Working Hour Reduction
for Childcare Period)
(1) No employer shall unfavorably apply working conditions
to a worker who works reduced working hours for a childcare
period pursuant to Article 19-2, on grounds of working hour
reduction, except when applying them in proportion to working
hours.
(2) Working conditions for a worker who has reduced working
hours for a childcare period pursuant to Article 19-2, (including
working hours after working hour reduction for a childcare
period is over) shall be determined between the employer and
the worker in writing.
(3) No employer shall request a worker whose working
hours are reduced during a childcare period pursuant to Article
19-2 to do overtime work: Provided that if the worker requests
such overtime work specifically, the employer may have him/her
do overtime work not exceeding 12 hours a week.
(4) In cases where the average wages of a worker whose
working hours are reduced during a childcare period are
calculated in accordance with subparagraph 6 of Article 2 of the
Labor Standards Act, the period of working hour reduction for
a childcare period for the worker shall be excluded from the
period based on which the worker's average wages are calculated.
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2. EQUAL EMPLOYMENT
Article 19-4 (Forms of Using Childcare Leave and Working Hour

Reduction during Childcare Period)
If a worker intends to take chaildcare leave or reduce working
hours during childcare leave under Articles 19 and 19-2, she/he
may choose and use one of the following methods. In such
cases, the total period shall not exceed one year irrespective of
any method:
1. One-time use of childcare leave;
2. One-time use of working hour reduction during childcare
leave;
3. Divided use of childcare leave (only once);
4. Divided use of working hour reduction during childcare
leave;
5. One-time use of childcare leave and one-time use of
working hour reduction during childcare leave
Article 19-5 (Other Measures to Support Childcare)
(1) An employer shall make efforts to take measures falling
under any of the following subparagraphs in order to support
childcare of a worker who rears a preschool-child:
1. Adjustment of time to start and finish duties;
2. Restriction on overtime work;
3. Adjustment of working hours, such as reduction or flexible
operation of working hours, etc.;
4. Other necessary measures for supporting childcare of the
worker concerned.
(2) If an employer takes measures stipulated in paragraph
(1), the Minister of Employment and Labor may provide necessary
support in consideration of employment effects, etc. <Amended
by Act No. 10339, Jun. 4, 2010>
Article 19-6 (Employer's Support for Return-to-work)
An employer shall make efforts to develop and improve
vocational skills of workers on childcare leave under this Act,
and provide support so that workers who return to work after
end of maternity leave, childcare leave or working hour reduction
for a childcare period may adapt with easy to working life.
Article 20 (Support for Work-Family Reconciliation)

(1) If an employer has granted a worker childcare leave or

working hour reduction during a childcare period, the State may
support part of the living expenses of the worker concerned
and part of the employment retention costs of the employer
concerned.
(2) The State may support employers who introduce measures
to support reconciliation of work and family life for their
workers through taxation and public finances.
Article 21 (Establishment of, and Support, etc., for Workplace
Childcare Centers)
(1) An employer shall establish childcare centers necessary
for child-rearing, such as lactation and daycare, etc., (hereinafter
referred to as “workplace childcare centers”), to support the
employment of workers. <Amended by Act No. 10789, Jun. 7, 2011>
(2) Matters concerning the establishment and operation of
workplace childcare centers, such as the scope of employers
required to establish workplace childcare centers, etc., shall be
governed by the Infant Care Act. <Amended by Act No. 10789,
Jun. 7, 2011>
such support and guidance as required for the establishment
and operation of workplace childcare centers in order to promote
the employment of workers. <Amended by Act No. 10339, Jun. 4,
2010< and Act No. 10789, Jun. 7, 2011>
Article 21-2 (Other Supports related to Childcare)
If an employer, except for an employer required to establish
workplace childcare centers under Article 21, intends to establish
workplace childcare centers, the Minister of Employment and
Labor may provide necessary support, such as information
necessary for the establishment and operation of workplace
childcare centers, counseling and part of the expenses, etc.
<Amended by Act No. 10339, Jun. 4, 2010 and Act No. 10789, Jun.
7, 2011>
Article 22 (Establishment of Public Welfare Facilities)
(1) The State or local governments may establish public
welfare facilities, such as education, childcare and housing, etc.,
for female workers.
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2. EQUAL EMPLOYMENT
(2) Necessary matters concerning standards for and the

operation of public welfare facilities under paragraph (1) shall
Article 22-2 (Support for Family Care, etc., of Workers)
(1) If a worker asks for leave (hereinafter referred to as
"family care leave") to take care of his/her family due to the
illness, accident or old age of his/her parents, spouse, children
or spouse's parents (hereinafter referred to as "family"), the
employer shall grant it: Provided that this shall not apply in
cases prescribed by the Presidential Decree, such as when it is
impossible to hire a replacement worker or when it causes
serious disruption to normal business operations. <Amended by
Act No. 11274, Feb. 1, 2012>
(2) If the employer does not grant family care leave pursuant
to the proviso of paragraph (1), he/she shall notify the relevant
worker of the reason in writing and make efforts to take any of
the following measures: <Newly Inserted by Act No. 11274, Feb. 1,
2012>
1. Adjustment of time to start and finish duties;
2. Restriction on overtime work;
3. Adjustment of working hours, such as reduction or flexible
operation of working hours, etc.;
4. Other support measures appropriate for workplace conditions.
(3) The period of family care leave shall be a maximum of
90 days a year, and may be split into several separate periods.
In such cases, each separate period shall be 30 days or longer.
<Newly Inserted by Act No. 11274, Feb. 1, 2012>
(4) The employer shall not give any disadvantageous treatment,
such as dismissing the relevant worker or making his/her
working conditions worse, on account of taking family care
leave. <Newly Inserted by Act No. 11274, Feb. 1, 2012>
(5) The period of family care leave shall be included in the
worker's continuous service period: Provided that it shall be
excluded from the period based on which the average wages
under Article 2 (1) 6 of the Labor Standards Act shall be
calculated. <Newly Inserted by Act No. 11274, Feb. 1, 2012>
(6) The employer shall make efforts to provide necessary
psychological counseling services to help his/her workers maintain
a sound work and family life. <Amended by Act No. 11274,
Feb. 1, 2012>

(7) If an employer takes measures under paragraph (1), the

Minister of Employment and Labor may provide necessary
support in consideration of employment effects, etc. <Amended
by Act No. 10339, Jun. 4, 2010 and Act No. 11274, Feb. 1, 2012>
(8) Necessary matters concerning methods, procedures, etc.,
for application for family care leave shall be prescribed by the
Presidential Decree. <Newly Inserted by Act No. 11274, Feb. 1, 2012>
Article 22-3 (Creation of Foundation for Supporting Work-Family
Reconciliation)
(1) In order to support the introduction and spread of
work-family reconciliation programs, smooth operation of maternity
protection measures, etc., the Minister of Employment and Labor
shall conduct projects, such as surveys, research and publicity,
and provide employers and workers with professional counseling
services and relevant information, etc. <Amended by Act No.
10339, Jun. 4, 2010>
(2) The Minister of Employment and Labor may perform the
duties specified in paragraph (1) and duties concerning support
for the establishment and operation of workplace childcare
facilities under Articles 21 and 21-1 by entrusting them to public
agencies or private organizations as prescribed by the Presidential
(3) The Minister of Employment and Labor may subsidize
expenses incurred in performing the duties to agencies entrusted
with the duties under paragraph (2). <Amended by Act No. 10339,
Jun. 4, 2010>
CHAPTER Ⅳ
Prevention and Settlement of Disputes
Article 23 (Counselling Support)
(1) The Minister of Employment and Labor may provide a
private organization conducting counselling services on discrimination,
sexual harrassment at work, maternity protection, work-family
reconciliation, etc. with part of the necessary expenses within
the limits of the budget. <Amended by Act No. 10339, Jun. 4, 2010>
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2. EQUAL EMPLOYMENT
(2) Necessary matters concerning requirements for selection

of organizations, criteria and procedures for expense support,
interruption of support, etc. under paragraph (1) shall be prescribed
Article 24 (Honorary Equal Employment Inspector)
(1) The Minister of Employment and Labor may commission
a person recommended by both labor and management from
among workers in the workplace concerned as an honorary equal
employment inspector (hereinafter referred to as “honorary
inspector”) in order to promote equal employment in the workplace.
(2) An honorary inspector shall perform the following duties:
1. Providing counselling and advice to workers who are victims
in the event of discrimination or sexual harassment at
work in the workplace;
2. Participating in autonomous inspection and guidance conducted
to see the status of compliance with equal employment in
the workplace;
3. Recommending improvements to the employer on matters
against Acts and subordinate statutes, and reporting
violations to the supervisory agency;
4. Conducting publicity activities and raising awareness on
the equal employment system;
5. Other duties prescribed by the Minister of Employment and
Labor to realize gender equality in employment.
(3) No employer shall take any disadvantageous measures,
such as personnel ones, etc., against a worker on grounds that such
worker has performed justifiable duties as an honorary inspector.
(4) Necessary matters concerning the commissioning,
decommissioning, etc., of an honorary inspector shall be prescribed
Article 25 (Autonomous Settlement of Disputes)
An employer shall strive for autonomous settlement, such as
entrusting the settlement of grievances to the labor and management
council established in the workplace under the Act on the
Promotion of Workers Participation and Cooperation, etc., when

a worker files a report on grievances on matters under Articles

7 through 13, 13-2, 14-2, 18 (4), 18-2, 19, Articles 19-2 through
19-6, 21, and 22-2.
Articles 26 through 29 Deleted. <Act No. 7822, Dec. 30, 2005>
Article 30 (Burden of Proof)
The burden of proof in settling disputes related to this Act
shall be borne by the employer.
CHAPTER Ⅴ
Article 31 (Report and Inspection, etc.)

deemed necessary for the enforcement of this Act, order an
employer to make a report and submit relevant documents, or
have a relevant public official enter the workplace concerned to
question persons concerned or inspect relevant documents.
(2) In cases under paragraph (1), the public official shall
carry a certificate verifying his/her authority and produce it to
persons concerned.
Article 32 (Publication of Current Status, etc. of Equal Employment)
The Minister of Employment and Labor may, if it is deemed
necessary for securing the effective enforcement of this Act,
publish the current status of equal employment and other survey
results: Provided that this shall not apply if a publication is
restricted by other Acts. <Amended by Act No. 10339, Jun. 4, 2010>
Article 33 (Preservation of Relevant Documents)
An employer shall preserve such documents as prescribed
by the Presidential Decree concerning matters under this Act for
three years. In such cases, the documents prescribed by the
Presidential Decree may be prepared and preserved in the form
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of electronic documents under subparagraph 1 of Article 2 of

the Framework Act on Electronic Documents and Electronic
Commerce. <Amended by Act No. 9998, Feb. 4, 2010 and Act No.
11461, Jun. 1, 2012>
Article 34 (Application to Dispatched Workers)
In applying Article 13 (1) to workplaces where dispatched
workers are used under the Act on the Protection, etc. of
Dispatched Workers, an using employer prescribed in Article 2
(4) of the same Act shall be regarded as the employer prescribed
in this Act.
Article 35 (Subsidy for Expenses)
(1) The State, local governments and public agencies may
subsidize all or part of the expenses for projects related to the
promotion of women's employment and welfare within the limits
of the budget.
(2) The State, local governments and public agencies may, if
a person who has received subsidy in accordance with paragraph
(1) falls under any of the following subparagraphs, wholly or
partially revoke the decision to provide subsidy, and order a
return of all or part of the subsidy already paid:
1. Where he/she used the subsidy for purposes other than
intended projects;
2. Where he/she violated the terms (including the conditions
if they are attached thereto.) of the decision to provide
subsidy;
3. Where he/she received the subsidy in a false or other
fraudulent ways.
The Minister of Employment and Labor may delegate part
of the authority under this Act to the heads of local employment
and labor authorities or local governments, or entrust it to public
agencies, as prescribed by the Presidential Decree. <Amended by
Act No. 10339, Jun. 4, 2010>

CHAPTER Ⅵ
Penal Provisions

(1) If an employer discriminates on grounds of gender in
retirement age limit, retirement and dismissal of his/her workers
or concludes a labor contract which stipulates female workers'
marriage, pregnancy and childbirth as grounds for retirement, in
violation of Article 11, he/she shall be punished by imprisonment
of up to 5 years or a fine not exceeding 30 million won.
(2) If an employer commits an offense falling under any of the
following subparagraphs, he/she shall be punished by imprisonment
of up to 3 years or a fine not exceeding 20 million won:
1. Where an employer fails to provide equal pay for work of
equal value in the same business in violation of Article 8 (1);
2. Where an employer dismisses or takes other disadvantageous
measures against a worker who has been damaged in
relation to sexual harassment at work or claimed for an
occurrence of sexual harassment, in violation of Article 14 (2);
measures against a worker on grounds of taking childcare
leave, in violation of Article 19 (3), or dismisses the
worker concerned during the childcare leave although no
reason is provided for in the proviso to the same paragraph;
measures against a worker on grounds of working hour reduction
for a childcare period, in violation of Article 19-2 (5);
5. Where an employer unfavorably applies working conditions
to a worker who has reduced working hours during a
childcare period on grounds of such reduction, in violation
of Article 19-3 (1), except when applying them in proportion
to working hours;
6. Where an employer gives disadvantageous treatment, such
as dismissing the relevant worker or making his/her working
conditions worse, on account of taking family care leave,
in violation of Article 22-2 (4).
(3) If an employer requests his/her worker whose working
hours are reduced during a childcare period to do overtime work
although the worker has not requested such overtime work
specifically, in violation of Article 19-3 (3), he/she shall be punished
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2. EQUAL EMPLOYMENT
by a fine not exceeding 10 million won.

(4) If an employer commits an offense falling under any of
the following subparagraphs, he/she shall be punished by a
fine not exceeding 5 million won:
1. Where an employer discriminates on grounds of gender
in recruitment and hiring of a worker, or when recruiting
and hiring a female worker, presents or demands physical
conditions, such as appearances, height, weight, etc., and
unmarried status, etc., which are not required to perform
the relevant duties, in violation of Article 7;
2. Where an employer discriminates on grounds of gender
in providing welfare, such as money, goods, loans, etc.,
in order to support the living of his/her workers besides
wages, in violation of Article 9;
3. Where an employer discriminates on grounds of gender in
education, assignment and promotion of his/her wokrers,
in violation of Article 10;
4. Where an employer fails to grant childcare leave after
receiving an application therefor, or fails to restore his/her
worker to the same work as before leave or any other
work paying the same level of wages after end of childcare
leave, in violation of Article 19 (1) and (4);
5. Where an employer fails to restore his/her worker to the
same work as before working hour reduction for a childcare
period or any other work paying the same level of wages
after end of the period of working hour reduction, in
violation of Article 19-2 (6);
6. Where an employer takes any disadvantageous measures,
such as disadvantageous personnel measures, against his/her
worker on grounds that such worker has performed
justifiable activities as an honorary inspector, in violation
of Article 24 (3).

If the representative of a juristic person, or an agent, a
servant or any other employee of a juristic person or an individual
commits such offenses as prescribed in Article 37 in connection
with the affairs of the juristic person or individual, not only
shall such offender be punished, but the juristic person or
individual shall be punished by a fine under the same Article:
Provided that this shall not apply unless the juristic person or


to the affairs concerned in order to prevent such offenses.
(1) An employer who commits sexual harassment at work in
violation of Article 12 shall be punished by a fine for negligence
(2) An employer who commits an offense falling under any
of the following subparagraphs shall be punished by a fine for
negligence not exceeding 5 million won: <Amended by Act No.
11274, Feb. 1, 2012>
1. Where an employer fails to take, without delay, a disciplinary
measure or any other equivalent action against the relevant
worker although an occurrence of sexual harassment at
work has been verified, in violation of Article 14 (1);
2. Where an employer dismisses or takes any other
disadvantageous measures against a worker on account of
a claim for damage from sexual harassment from a client,
etc., or of disregard for sexual demands from a client,
etc., in violation of Article 14-2 (2);
3. Where an employer fails to grant leave at least three days
long but not exceeding five days or to make payments for
the first three days of the leave used by a worker although
the worker has requested leave on grounds of his spouse's
childbirth, in violation of Article 18-2 (1);
4. Where an employer fails to grant a reduction of working
hours for a childcare period and fails to notify the relevant
worker of the reason in writing or fails to consult with
the relevant worker whether to support him/her through
use of childcare leave or other measures, in violation of
Article 19-2 (2);
5. Where an employer fails to determine, in writing, the
working conditions of a worker whose working hours are
reduced during a childcare period, in violation of Article
19-3 (2);
6. Where an employer fails to grant working hour reduction
for a childcare period after receiving a request for working
hour reduction for a childcare period, in violation of Article
19-2 (1);
7. Where an employer fails to grant family care leave after
receiving a request for family care leave, in violation of
Article 22-2 (1).
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(3) A person who falls under any one of the following

subparagraphs shall be punished by a fine for negligence not
exceeding 3 million won:
1. A person who fails to conduct education to prevent sexual
harassment at work, in violation of Articles 13 (1);
2. A person who fails to submit an implementation plan in
violation of Article 17-3 (1);
3. A person who fails to submit a report on the current status
of employment of male and female workers or submits a
false report in violation of Article 17-3 (2);
4. A person who fails to submit performance results or submits
false results in violation of Article 17-4 (1) (excluding the
cases where the person who submits implementation plans
under Article 17-3 (3) fails to submit the performance
results);
5. A person who fails to actively cooperate in all the procedures,
such as preparation and confirmation, etc. of relevant
documents, in violation of Article 18 (4);
6. A person who refuses to make a report or submit relevant
documents in violation of Article 31 (1), or makes a false
report or submits false documents;
7. A person who refuses, obstructs, or evades an inspection
8. A person who fails to keep relevant documents for three
years in violation of Article 33.
(4) Fines for negligence under paragraphs (1) through (3)
shall be imposed and collected by the Minister of Employment
and Labor as prescribed by the Presidential Decree. <Amended
by Act No. 10339, Jun. 4, 2010>
(5) A person dissatisfied with an imposition of a fine for
negligence under paragraph (4) may raise an objection against
the Minister of Employment and Labor within thirty days from
the date on which he/she is notified of such imposition. <Amended
by Act No. 10339, Jun. 4, 2010>
(6) If a person subject to an imposition of a fine for negligence
under paragraph (4) raises an objection in accordance with
paragraph (5), the Minister of Employment and Labor shall
without delay notify the competent court, which upon receiving
the notification, shall proceed to a trial on a fine for negligence
under the Non-Contentious Case Litigation Procedure Act.
(7) If neither an objection is raised nor a fine for negligence

paid within the period prescribed in paragraph (5), the fine for
negligence shall be collected pursuant to the practices of a
recovery of national taxes in arrears.
Addenda <Act No. 9792, Oct. 9, 2009; Revision of the Framework

Act on Employment Policy>

(1) Parts of the Act on Equal Employment and Support for
Work-Family Reconciliation shall be revised as follows:
Article 17-7 shall be changed as follows:
Article 3 (Deliberation on Important Matters concerning Affirmative
Action Measures)
The following matters concerning affirmative action measures
shall be subject to deliberation by the Employment Policy Council
under Article 10 of the Framework Act on Employment Policy:
1. Matters concerning standards for employment of female
workers under Article 17-3 (1);
2. Matters concerning examination of implementation plans
3. Matters concerning evaluation of performance results of
affirmative action measures under Article 17-4 (2);
4. Matters concerning commendation and support for enterprises
with excellent affirmative action measures under Article
17-4 (3) and (4); and
5. Other matters referred for discussion by the chairman of the
Employment Policy Council on affirmative action measures.
Article 4 Omitted.
Addenda <Act No. 9795, Oct. 9, 2009; Revision of the Employment

Security Act>

This Act shall enter into force three months after its promulgation.
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2. EQUAL EMPLOYMENT

(1) Omitted.
“Article 4 of the Employment Security Act” in Article 15
and Article 17-2 (2) shall be changed to “subparagraph 1 of Article
2-2 of the Employment Security Act”.
Article 6 Omitted.
Addenda <Act No. 9998, Feb. 4, 2010>

Article 2 (Applicability concerning Relaxation of Application
Requirements for Chilcare Leave)
The amended provision of Article 19 shall apply to a
worker who falls under any of the following subparagraphs:
1. A worker who has an infant born after January 1, 2008; or
2. A worker who has a child adopted after January 1, 2008.

This Act shall enter into force one month after its
“Minister of Labor" in parts other than each subparagraph
of Article 6 (1), Article 6 (2), Article 6-2 (1), Article 6-2 (2) 8,
Article 6-3 (1), Article 13-2 (1), parts other than each
subparagraph of Article 13-2 (4), Article 17 (1) and (2), Article
17-2 (1) and (2), parts other than each subparagraph of Article
17-3 (1), Article 17-3 (2) through (4), Article 17-4 (1) through (3),
(5) and (6), former parts of Article 17-6, Article 17-8 (1) and (2),

Article 19-5 (2), Article 21 (3), Article 21-2, Article 22 (2), Article
22-2 (3), Article 22-3 (1) through (3), Article 23 (1), Article 24
(1), Article 24 (2) 5, Article 31 (1), Article 32, Article 36 and
Article 39 (4) through (6) shall be changed to "Minister of
Employment and Labor".
"Ordinance of the Ministry of Labor" in Article 6-3 (2),
Article 7 (2), Article 13-2 (2) and (3), parts other than each
subparagraph of Article 17-3 (1), Article 17-3 (5), Article 17-4
(7), Article 23 (2) and Article 24 (4) shall be changed to
"Ordinance of the Ministry of Employment and Labor".
"Local labor authorities" in Article 36 shall be changed to
"local employment and labor authorities".
Article 5 Omitted.
Addenda <Act No. 10789, Jun. 7, 2011; Revision of the Infant Care
Act>

This Act shall enter into force six months after its
“Workplace childcare facilities” in the title of Article 21,
paragraphs (1) through (3) of the same Article and Article 21-2
shall be changed to “workplace childcare centers”, and
"childcare facilities" in Article 21 (1) to "childcare centers".

Provided that in regard to businesses or workplaces ordinarily
employing less than 300 workers, the amended provisions of
Article 18-2, Article 22-2, Article 37 (2) 6 and Article 29 (2) 3
and 7 shall enter into force one year after its promulgation.
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(1) The amended provisions of Article 18-2 (1) shall apply
to workers who request paternity leave for the first time after
this Act enters into force.
(2) The amended provisions of Article 19 (5) shall apply to
fixed-term workers or dispatched workers who request childcare
leave for the first time after this Act enters into force.
(3) The amended provisions of Article 19-2 shall apply to
workers who request working hour reduction for a childcare
period for the first time after this Act enters into force.
workers who request family care leave for the first time after
as follows:
“Maternity leave” in Article 4 (1), the proviso of Article 6
(2), the title of Article 75, parts other than each subparagraph
of Article 75, the proviso of subparagraph 2 of Article 75, the
title and parts other than the title of Article 75-2, the main
sentence of Article 76 (1), Article 76 (2) and (3), the former and
latter parts of Article 77, Article 80 (1) 3, Article 87 (1), the
main sentence of Article 107 (1), Article 112 (1) and Article 116
(2) shall be changed to "maternity leave".
“The period of maternity leave” in parts other than each
subparagraph of Article 70 (1) shall be changed to “the period
of maternity leave”.
“The period of maternity leave” in parts other than each
subparagraph of Article 73-2 (1) shall be changed to “the period
of maternity leave”.
“Maternity leave benefits, etc.” in the title of Chapter V
Section 2 shall be changed to "maternity leave benefits, etc."
(2) Parts of the Income Tax Act shall be revised as follows:
“Maternity leave” in item E of subparagraph 3 of Article 12
shall be changed to “maternity leave”.
Addenda <Act No. 11461, Jun. 1, 2012; Revision of the Framework

Act on Electronic Documents and Electronic Commerce>



“The Framework Act on Electronic Commerce" in the latter
part of Article 33 shall be changed to "the Framework Act on
Electronic Documents and Electronic Commerce".

Provided that the amended provisions of Articles 17-5 through
17-9 shall enter into force on January 1, 2015.
Article 2 (Applicability concerning Publication of List of Employers
Who Fail to Implement Affirmative Action Measures)
The amended provisions of Article 17-5 shall apply to cases
where an implementation plan is submitted for the first time
after this Act enters into force.
Article 3 (Applicability concerning Relaxation of Requirements for
Application for Childcare Leave)
The amended provisions of Article 19 (1) shall apply to workers
who request childcare leave after this Act enters into force.
Parts of the Framework Act on Employment Policy shall be
revised as follows:
“Article 17-7 of the Act on Equal Employment and Support
for Work-Family Reconciliation” in Article 10 (2) 6 shall be
changed to “Article 17-8 of the Act on Equal Employment and
Support for Work-Family Reconciliation”.
Addendum <Act No. 12628, May. 20, 2014>
This Act shall enter into force six months after its promulgation.
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ENFORCEMENT DECREE OF THE ACT ON EQUAL

EMPLOYMENT AND SUPPORT FOR WORK-FAMILY
RECONCILIATION
Amended by Presidential Decree No. 12850, Dec. 13, 1989

Presidential Decree No. 14642, Ma y 1, 1995
Wholly Amended by Presidential Decree No. 17401, Oct. 31, 2001
Wholly Amended by Presidential Decree No. 20803, Jun. 5, 2008
CHAPTER Ⅰ
General Provisions
Article 1 (Purpose)
by the Act on Equal Employment and Support for Work-Family
Reconciliation and those necessary for the enforcement thereof.
(1) Pursuant to the proviso to Article 3 (1) of the Act on
Equal Employment and Support for Work-Family Reconciliation
(hereinafter referred to as the “Act”), the Act shall not apply, in
whole, to businesses or workplaces (hereinafter referred to as
“business”) consisting of blood relatives residing together and to
housekeepers.
(2) Pursuant to the proviso to Article 3 (1) of the Act, the
provisions of Articles 8 through 10 and Article 11 (1) shall not
apply to businesses with less than five workers.

ENFORCEMENT DECREE OF THE ACT ON EQUAL EMPLOYMENT AND SUPPORT FOR WORK-FAMILY RECONCILIATION
CHAPTER Ⅱ
Guarantee of Equal Opportunity and Treatment, etc. in
Employment of Men and Women
Article 3 (Education to Prevent Sexual Harassment at Work)

(1) An employer shall, pursuant to Article 13 of the Act,
conduct education to prevent sexual harassment at work at least
once a year.
(2) The prevention education stated in paragraph (1) shall
include each of the following subparagraphs:
1. Laws and regulations regarding sexual harassment at work;
2. Handling procedures and standards for measures upon
occurrence of sexual harassment at work of the workplace
concerned;
3. Grievance counseling and remedial procedures for victims
of sexual harassment at work of the workplace concerned;
4. Other matters necessary for the prevention of sexual
harassment at work.
(3) The prevention education under paragraph (1) may, in
consideration of business size, character, etc., be provided through
employee training, morning sessions, meetings, cyber education,
etc. using information communication network, such as the
Internet, etc.: Provided that in cases where it is difficult to
confirm whether education contents are properly delivered to
workers as educational materials, etc., have been simply distributed
or posted or electronic mail thereon has been sent or announced
on the bulletin board, it shall not be considered that prevention
education has been provided.
(4) Notwithstanding paragraphs (2) and (3), an employer
falling under any of the following subparagraphs may conduct
education to prevent sexual harassment at work by means of
posting and distributing promotional materials in order for workers
to know details provided for in Article 2 (1) through (4):
1. Businesses employing less than 10 workers;
2. Businesses where all employers and workers are the same
gender, male or female
(5) If an employer has his/her workers complete training
courses containing matters falling under each subparagraph of
paragraph (2), among those training course recognized under
Article 24 of the Workers’ Vocational Skills Development Act, it
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shall be deemed that prevention education under paragraph (1)

has been conducted for workers who have completed the said
training courses.
Article 4 (Businesses Obligated to Establish and Submit Implementation
Plans for Affirmative Action Measures)
(1) “Public agencies and organizations prescribed by the
Presidential Decree” in Article 17-3 (1) 1 refers to public
institutions under Article 4 of the Act on the Management of
Public Institutions.
(2) “Business employing more workers than the scale prescribed
by the Presidential Decree” in Article 17-3 (1) 2 of the Act
refers to business ordinarily employing 500 workers or more.
(3) In applying paragraph (2), the number of workers shall
be calculated by dividing the sum of the average monthly
numbers of workers employed each month in the previous year
by the number of months operating in that year.
Article 5 (Institutions, etc., Entrusted with Evaluation of Performance
Results)
(1) "Institutions or organizations prescribed by the Presidential
Decree” in Article 17-4 (6) of the Act mean research institutions
established under Article 8 of the Act on the Establishment,
Operation and Fostering of Government-Invested Research Institutions,
or research institutions or juristic persons designated by the Minister
of Employment and Labor among non-profit organizations established
under Article 32 of the Civil Act. <Amended by Presidential
Decree No. 22269, Jul. 12, 2010>
(2) The Minister of Employment and Labor may, if entrusting
evaluation duties under Article 17-4 (6) of the Act, support part
of the expenses incurred in performing such duties to the
entrusted institution. <Amended by Presidential Decree No. 22269,
Jul. 12, 2010>
Article 9 (Institutions Entrusted with Surveys and Research)
“Persons prescribed by the Presidential Decree” in Article
17-8 (2) of the Act refers to research institutions established
under Article 8 of the Act on the Establishment, Operation and
Fostering of Government-Invested Research Institutions, or

research institutions or juristic persons designated by the Minister

of Employment and Labor among non-profit organizations
established under Article 32 of the Civil Act. <Amended by
CHAPTER Ⅲ
Support for Work-Family Reconciliation
Article 10 (Exclusion from Childcare Leave)

An employer may, pursuant to the proviso to Article 19 (1)
of the Act, may not grant childcare leave in any of the following
cases:
1. A worker who has worked in the relevant business for
less than one year until the day before the date childcare
leave is scheduled to start (hereinafter referred to as
“scheduled start date of leave”);
2. A worker whose spouse is on childcare leave for the
same infant (including childcare leave under other Acts
and subordinate statutes).
Article 11 (Application, etc. for Childcare Leave)
(1) A worker who intends to apply for childcare leave
pursuant to Article 19 (1) of the Act shall submit to his/her
employer an application specifying the name and date of birth
of the infant to be cared for, the scheduled start date of leave,
the date childcare leave is scheduled to end (hereinafter referred
to as “scheduled end date of leave”), the date of application,
the applicant, etc., at least 30 days before the scheduled start
date of leave.
(2) Notwithstanding paragraph (1), a worker may apply for
childcare leave at least seven days before the scheduled start
date of leave in any of the following cases:
1. Where a child was born before the expected date of
delivery;
2. Where rearing the infant is difficult due to the death,
injury, illness or physical or mental disability of, or divorce
from, the spouse.
(3) An employer shall designate the start date of childcare
leave and grant childcare leave within 30 days from the date of
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2. EQUAL EMPLOYMENT
application if a worker has applied for childcare leave after the

deadline under paragraph (1), and within 7 days from the date
of application if a worker has applied for childcare leave after
the deadline under paragraph (2).
(4) An employer may request a worker who has applied for
childcare leave to submit documents verifying the birth, etc., of
the relevant child.
Article 12 (Application, etc. for Changes to Childcare Leave)
(1) A worker who has applied for childcare leave may, if
causes falling under any subparagraph of Article 11 (2) have
occurred before the scheduled start date of leave, apply to the
employer, clarifying the reason therefor, to change the scheduled
start date of leave to an earlier date.
(2) If a worker intends to postpone the scheduled end date
of leave, he/she may do so only once. In this case, he/she
shall apply to the employer at least 30 days before the original
scheduled end date of leave (if he/she intends to postpone the
scheduled end date of leave for any cause provided for in
Article 11 (2) 2, 7 days before the original scheduled end date
of leave).
Article 13 (Withdrawal, etc., of Application for Childcare Leave)
(1) A worker who has applied for childcare leave may
withdraw the application by clarifying the reasons therefor at
least 7 days before the scheduled start date of leave.
(2) If any cause falling under any of the following subparagraphs
occurs after the worker applies for childcare leave but before
the scheduled start date of leave, the application for childcare
leave shall be deemed nonexistent. In this case, the worker
shall, without delay, notify the employer of such facts.
1. Where the relevant infant dies;
2. Where the relevant infant is an adopted child for whom
adoptive relationship has been annulled or dissolved;
3. If the worker who has applied for childcare leave has
become unable to care for the relevant infant due to injury,
disease, physical or mental disability, divorce, etc.
Article 14 (Termination of Childcare Leave Following Death, etc.
of Infant)
(1) A worker on childcare leave shall, if the relevant infant
is decreased or does not live with the worker, inform the
employer of such facts within 7 days from the date on which
such causes occurred.

(2) An employer shall, if he/she has been notified of the

death, etc., of the infant by a worker on childcare leave pursuant
to paragraph (1), designate the start date of duties within 30
days from the date of notification, and inform the worker of
that date.
(3) The childcare leave of a worker shall be deemed to have
ended on the date specified in any of the following subparagraphs:
1. The date preceding the start date of duties where the
worker has given notice under paragraph (1) and has
been notified of the start date of duties under paragraph (2);
2. The date when 30 days elapse from the date of notification
under paragraph (1) where the worker has give notice
under paragraph (1) but has not been notified of the start
date of duties under paragraph (2);
3. The date when 37 days elapse from the date on which
causes, such as death of the infant, occurred, where the
worker has failed to give notice under paragraph (1).
(4) If a worker on childcare leave starts new childcare leave,
maternity leave under Article 74 of the Labor Standards Act or
working hour reduction for a childcare period under Article
19-2 of Act (hereinafter referred to as "working hour reduction
for a childcare period"), his/her childcare leave shall be deemed
to have ended on the day preceding the start date of the new
childcare leave, maternity leave or working hour reduction for a
childcare period. <Amended by Presidential Decree No. 23946, Jul.
10, 2012>
Article 15 (Application, etc., for Working Hour Reduction for
Childcare Period)
(1) A worker who intends to apply for working hour reduction
for a childcare period pursuant to the main sentence of Article
19-2 (1) of the Act shall submit to his/her employer documents
(including electronic documents) specifying the name and date
of birth of the child to be cared for during working hour reduction
for a childcare period, the scheduled start date of reduction, the
date working hour reduction for a childcare period is scheduled
to end (hereinafter referred to "scheduled end date of reduction"),
the start and end time of work during working hour reduction
for a childcare period, the date of application for working hour
reduction for a childcare period, the applicant, etc., at least 30
days before the date working hour reduction for a childcare
period is scheduled to start (hereinafter referred to as "scheduled
start date of reduction").
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(2) If a worker has applied for working hour reduction for

a childcare period after the deadline under paragraph (1), the
employer shall designate the start date of working hour reduction
for a childcare period and grant working hour reduction for a
childcare period within 30 days from the date of application.
working hour reduction for a childcare period pursuant to
paragraphs (1) and (2) to submit documents verifying the birth,
etc., of the relevant child.
Jul. 10, 2012>
Article 15-2 (Exception to Granting of Working Hour Reduction
for Childcare Period)
“Cases prescribed by the Presidential Decree” in the proviso
of Article 19-2 (1) of the Act refers to any of the following
cases:
1. Where a worker who has worked in the relevant business
for less than one year until the day before the scheduled
start date of reduction applies;
2. Where a worker whose spouse is on childcare leave
(including childcare leave under other Acts and subordinate
statutes) to care for the same infant applies;
3. Where the employer has made efforts to find a replacement
worker for 14 days or more after listing a job opening
with an employment security office under subparagraph 1
of Article 2-2 of the Employment Security Act (hereinafter
referred to as "employment security office"), but failed to
hire a replacement worker: Provided that cases where the
employer has refused to hire a worker twice or more
without a justifiable reason despite job referral by the
head of an employment security office shall be excluded;
4. Where given the nature of the job of a worker who has
applied for working hour reduction for a childcare period,
it is difficult to split his/her working hours, and other
cases where working hour reduction for a childcare period
causes serious disruption to normal business operations
and the employer has proved this.
Jul. 10, 2012>
Article 15-3 (Termination of Working Hour Reduction for Childcare
Period Following Death, etc. of Infant)

(1) A worker under working hour reduction for a childcare

period shall, if the relevant infant is decreased or does not live
with the worker, inform the employer of such facts within 7
days from the date on which such causes occurred.
(2) An employer shall, if he/she has been notified of the
death, etc., of the infant by a worker under working hour
reduction for a childcare period pursuant to paragraph (1),
designate the date on which the worker has to return to the
work he/she did before working hour reduction for a childcare
period, within 30 days from the date of notification, and inform
the worker of that date.
(3) The working hour reduction for a childcare period of a
worker shall be deemed to have ended on the date specified in
any of the following subparagraphs:
1. The date preceding the date on which the worker has to
return to the work he/she did before working hour
reduction for a childcare period, where the worker has
given notice under paragraph (1) and has been notified of
the date for returning to work under paragraph (2);
2. The date when 30 days elapse from the date of notification
under paragraph (1) where the worker has give notice
under paragraph (1) but has not been notified of the date
for returning to work under paragraph (2);
3. The date when 37 days elapse from the date on which
causes for ending working hour reduction for a childcare
period, such as death of the infant, occurred, where the
worker has failed to give notice under paragraph (1).
(4) If a worker under working hour reduction for a childcare
period starts a new round of working hour reduction for a
childcare period, childcare leave or maternity leave under Article
74 of the Labor Standards Act, his/her working hour reduction
for a childcare period shall be deemed to have ended on the
day preceding the start date of the new round of working hour
reduction for a childcare period, childcare leave or maternity
leave.
Jul. 10, 2012>
Article 12 (2) and Article 13 shall apply mutatis mutandis
with regard to procedures, etc., for reduction of working hours
for a childcare period under Article 19-2 of the Act. In such
cases, "childcare leave" shall be read as "working hour reduction
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2. EQUAL EMPLOYMENT
for a childcare period", "scheduled start date of leave" as

"scheduled start date of reduction" and "scheduled end date of
leave" as "scheduled end date of reduction".
Jul. 10, 2012>
Article 16 (Areas for Preferential Establishment of Welfare Facilities)
If the State and local governments establish public welfare
facilities for female workers pursuant to Article 22 (1) of the
Act, they shall preferentially establish such facilities in areas
where female workers are concentrated, such as industrial
complexes and rural regions, etc.
Article 16-2 (Application, etc., for Family Care Leave)
(1) A worker who intends to apply for family care leave
pursuant to the main sentence of Article 22-2 (1) of the Act
shall submit to his/her employer documents (including electronic
documents) specifying the name and date of birth of the family
member to be cared for during family care leave, the reason
why such care is needed, the scheduled start date of family
care leave, the date family care leave is scheduled to end
(hereinafter referred to "scheduled end date of family care
leave"), the date of application for family care leave, the
applicant, etc., at least 30 days before the date family care leave
is scheduled to start (hereinafter referred to as "scheduled start
date of family care leave").
(2) If a worker has applied for family care leave after the
deadline under paragraph (1), the employer shall designate the
start date of family care leave and grant family care leave
within 30 days from the date of application.
family care leave to submit documents that can be used to
verify the need for the worker to take family care leave, including
the health condition of the family member in need of care,
whether it is possible for family members, etc., other than the
applicant to provide care, etc.
Jul. 10, 2012>
Article 16-3 (Exception to Granting of Family Care Leave)
"Cases prescribed by the Presidential Decree" in the proviso
of Article 22-2 (1) of the Act refers to any of the following
cases:

1. Where a worker who has worked in the relevant business

for less than one year until the day before the scheduled
start date of family care leave applies;
2. Where the parent, spouse, child, etc., of the family member
in need of care, other than the worker who has applied
for family care leave, is able to care for the family member
in need of care;
3. Where the employer has made efforts to find a replacement
worker for 14 days or more after listing a job opening
with an employment security office, but failed to hire a
replacement worker: Provided that cases where the employer
has refused to hire a worker twice or more without a
justifiable reason despite job referral by the head of an
employment security office shall be excluded;
4. Where family care leave taken by the worker causes
serious disruption to normal business operations and the
employer has proved this.
Jul. 10, 2012>
Article 12 (2), Article 13 and Article 14 (1) through (3)
shall apply mutatis mutandis with regard to procedures, etc.,
for family care leave under Article 22-2 of the Act. In such
cases, “childcare leave” shall be read as “family care leave”,
“scheduled start date of leave” as “scheduled start date of
family care leave”, “scheduled end date of leave” as “scheduled
end date of family care leave” and “infant” as “family member
in need of care”.
Jul. 10, 2012>
Article 17 (Entrustment of Duties, such as Surveys and Research,
etc. to Support Work-Family Reconciliation)
(1) According to Article 22-3 (2) of the Act, the Minister of
Employment and Labor may entrust duties concerning support
for the establishment and operation of workplace childcare centers
under Article 21 and 21-2 of the Act, and concerning the creation
of the foundation for supporting work-family reconciliation
under Article 22-3 (1) of the Act to an organization or a juristic
person falling under any of the following subparagraphs:
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2. EQUAL EMPLOYMENT
1. Quasi-government institutions under Article 5 (3) 2 of the

Framework Act on the Management of Government-Invested
Institutions;
2. Research institutions established under Article 8 of the
Act on the Establishment, Operation and Forstering of
Government-invested Research Institutions;
3. Non-profit juristic persons established under Article 32 of
the Civil Act to conduct business, such as support for
work-family reconciliation, etc.
CHAPTER Ⅳ
Prevention and Settlement of Disputes
Article 18 (Grievance Reports, etc.)

(1) A report of grievances under Article 25 of the Act shall
be done orally, in writing, or by mail, telephone, fax, or via the
Internet, etc.
(2) An employer shall, if receiving a grievance report under
paragraph (1), directly handle the reported grievances within 10
days from the date of receipt, or entrust the handling to the
labor-management council established under the Act on the
Promotion of Worker Participation and Cooperation, unless there
is any special reason, and notify the relevant worker of the
results of handling in cases of direct handling, and the fact of
entrustment in cases of entrusting the handling to the labor
management council.
(3) An employer shall prepare and keep the ledger of
grievances filed and handled and shall preserve the relevant
documents for 3 years.
(4) The ledger of filed and handled grievances under
paragraph (3) shall be prepared and kept by means enabling
electronic handling unless there is any special reason to prevent
electronic handling, and the relevant documents under the same
paragraph may be prepared and preserved in an electronic
way.

CHAPTER Ⅴ
Article 19 (Types of Documents to be Preserved)

“Such documents as prescribed by the Presidential Decree”
in Article 33 of the Act means those specified in the following
subparagraphs:
1. Documents concerning recruitment, hiring, wages, money,
goods, etc., other than wages, education, assignment,
promotion, retirement age limit, retirement and dismissal
under Articles 7 through 11 of the Act:
2. Documents to verify that education to prevent sexual
harassment at work under Articles 13 and 13-2 of the Act
has been conducted;
3. Documents concerning measures, such as disciplinary
measures taken against a sexual harasser at work under
Article 14(1) of the Act, etc.;
4. Deleted <Presidential Decree No. 21547, Jun. 19, 2009>
5. Documents concerning requests and permission for
paternity leave under Article 18-2 of the Act;
6. Documents concerning application and permission for
childcare leave under Articles 19 of the Act;
7. Documents concerning application and permission for
working hour reduction during a childcare period under
Articles 19-2 and 19-3 of the Act, and if it has not been
permitted, documents concerning the notification of the
reason and consultation, and documents concerning
working conditions during working hour reduction for a
childcare period.
Article 20 (Hearing)
The Minister of Employment and Labor shall hold a hearing
if he/she intends to revoke the designation of institutions for
sexual harassment prevention education under Article 13-2 (4) of
Article 21 (Delegation of Authority, etc.)
The Minister of Employment and Labor shall, pursuant to
Article 36 of the Act, delegate the authority specified in the
following subparagraphs to the heads of local employment and
labor offices: <Amended by Presidential Decree No. 22269, Jul. 12,
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2. EQUAL EMPLOYMENT

1. Matters concerning designation and cancellation of
institutions entrusted with sexual harassment prevention
education under Article 13-2 of the Act;
2. Matters concerning establishment or operation of facilities
to promote employment of women and subsidies for expenses
incurred in performing such business under Article 17 of
the Act;
3. Matters concerning requests for submission of, and acceptance
of, implementation plans, requests for submission of
supplementary documents to implementation plans, and
acceptance of reports on the current status of female and
male workers under Article 17-3 of the Act;
4. Matters concerning acceptance of performance results,
notification of performance evaluation results, and compulsion
to carry out implementation plans under Article 17-4 of
the Act;
5. Support, guidance, provision of information and counseling
necessary for the establishment and operation of workplace
childcare centers under Articles 21 (3) and 21-2 of the Act;
6. Support for private organizations providing counseling
7. Matters concerning commissioning and decommissioning
of honorary equal employment inspectors under Article 24
of the Act;
8. Matters concerning orders to submit reports and relevant
documents, access to workplaces, questioning of relevant
persons, and inspection of relevant documents under
9. Matters concerning imposition and collection of fines for
negligence under Article 39 of the Act.
CHAPTER Ⅵ
Fine for Negligence

(1) The criteria for the imposition of fines for negligence by
type of offense under Article 39 (1) through (3) of the Act are
provided in the attached Table.

(2) The Minister of Employment and Labor shall, when

determining the amount of a fine for negligence, consider the
motive, consequences, etc., of the relevant offense. <Amended by

This Decree shall enter into force on June 22, 2008: Provided
that the revised provisions of subparagraphs 4 through 6 of the
table shall enter into force on June 22, 2009.
Article 2 (Special Cases on Obligation, etc. to Establish and Submit
Implementation Plans for Affirmative Action Measures)
The revised provisions of Article 4 (1) shall not apply to
public institutions ordinarily employing less than 50 workers
among public institutions under Article 4 of the Framework Act
on the Management of Government-Invested Institutions until
April 30, 2013.
Article 3 (Transitional Measures on Obligation, etc. to Establish and
Submit Implementation Plans for Affirmative Action Measures)
As for public institutions (excluding public institutions falling
under Article 2 of the Addenda) which are newly subject to Articles
17-3 and 17-4 of the Act according to the revised provisions of
Article 4 (1), the obligation to submit under the following subparagraphs
shall be applicable from the year concerned:
1. The initial submission of an implementation plan for
affirmative action measures according to Article 17-3 (1)
(only for public institutions whose employed female workers'
ratio by occupation is short of the employment standard
provided by the same provision): 2009.
2. The initial submission of a report on the current status of
male and female workers by occupation and by position
according to Article 17-3 (2): 2009.
3. The submission of the performance results under Article
17-4 (1) (only for public institutions whose employed female
workers' ratio by occupation is short of the employment
standard under Article 17-3 (1) of the Act): 2010.
Articles 4 (Revision of Other Decrees)
(1) Parts of the Enforcement Decree of the Labor Standards
Act shall be revised as follows:
“Equal Employment Act” as prescribed in Article 2 (1) 5
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2. EQUAL EMPLOYMENT
shall be changed to “Act on Equal Employment and Support

for Work-Family Reconciliation.”
(2) Parts of the Enforcement Decree of the Basic Employment
Policy Act shall be revised as follows:
“Equal Employment Act” as prescribed in Article 7 (5) 4
shall be changed to “Act on Equal Employment and Support
for Work-Family Reconciliation.”
(3) Parts of the Enforcement Decree of the Framework Act
on Women's Development shall be revised as follows:
“Equal Employment Act” as prescribed in the proviso to
Article 27-2 (1) shall be changed to “Act on Equal Employment
and Support for Work-Family Reconciliation.”
Article 5 (Relation with Other Laws)
If the previous provisions of the Enforcement Decree of the
Act on Equal Employment and Support for Work-Family
Reconciliation are quoted in other Acts and subordinate statutes
at the time this Act enters into force, and corresponding
provisions thereof are contained in this Decree, the corresponding
provisions of this Decree shall be deemed to be quoted in lieu
of the previous provisions.
Addendum <Presidential Decree No. 21547, Jun. 19, 2009>
This Decree shall enter into force on the day of its promulgation.

This Decree shall enter into force on Jan. 1, 2010.
Article 2 Omitted.
(1) through (5) omitted.
(6) Parts of the Enforcement Decree of the Act on Equal
Employment and Support for Work-Family Reconciliation shall
Article 6 through 8 Deleted.
Article 4 Omitted.

Addenda <Presidential Decree No. 22269, Jul. 12, 2010>

"Minister of Labor" in Article 5 (1) and (2), Article 9, parts
other than each subparagraph of Article 17 (1), Article 20, parts
other than each subparagraph of Article 21, Article 22 (2) and
the attached Table shall be changed to "Minister of Employment
and Labor".
"Head of a regional labor office" in parts other than each
subparagraph of Article 21 shall be changed to "head of a
regional employment and labor office".
Addenda <Presidential Decree No. 23356, Dec. 8, 2011; Revision of

the Enforcement Decree of the Infant Care Act>

<Proviso omitted>
“Workplace childcare facilities” in parts other than each
subparagraph of Article 17 (1) shall be changed to “workplace
childcare centers”.
“Workplace childcare facilities” in subparagraph 5 of Article
21 shall be changed to “workplace childcare centers”.

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2. EQUAL EMPLOYMENT

Article 2 (Applicability concerning Application for Working Hour
Reduction for Childcare Period)
where an application for working hour reduction for a childcare
period is made after this Decree enters into force.
“Maternity leave" in Article 29 (1) 2, Article 29 (1) 3 A,
Article 29 (4), the title of Article 100, parts other than the title
of Article 100, the title of Article 101, parts other than each
subparagraph of Article 101, the main sentence and proviso of
subparagraph 1 of Article 101, subparagraph 2 of Article 101,
the former and latter parts of Article 102, the former and latter
parts of Article 103, the title of Article 104, the main sentence
and proviso of Article 104, Article 145 (1) 13 and Article 145-2
(1) 18 and 19 shall be changed to ”maternity leave“.
“Maternity leave” in Article 2 (1) 3 shall be changed to
“maternity leave”.

[Table] <Amended on Jul. 10, 2012>
Criteria for Imposition of Fine for Negligence by Type of

Offense
(relating to Article 22 (1) of the Decree)
O ffe n s e Provision Amount
1. Where an employer commits sexual harassment at Article 39 (1) of
work in violation of Article 12 of the Act the Act
A. Where a person who has previously been 10
punished by a fine for negligence in the past million
three years in connection with sexual won
harassment at work commits sexual harassment
at work again
B. Where a person commits sexual harassment at 5 million
work against one person several times or won
against two people or more
C. Other cases where a person commits sexual 3 million
harassment at work won
2. Where an employer fails to take a disciplinary Article 39 (2) 1 of 4 million

measure or any other equivalent action, without the Act won
delay, against the harasser although an occurrence
of sexual harassment at work has been verified,
in violation of Article 14 (1) of the Act
3. Where an employer dismisses or takes any other Article 39 (2) 2 of 5 million

disadvantageous measure against a worker on the Act won
account of a claim for any damage from sexual
harassment by the client, etc., or of disregard for
sexual demands from the client, etc., in violation
of Article 14-2 (2) of the Act
4. Where an employer fails to grant three-day leave Article 39 (2) 3 of 5 million

although a worker has requested leave on the Act won
grounds of his spouse's giving birth, in violation
5. Where an employer fails to permit working hours Article 39 (2) 4 of 4 million

to be reduced for a period of childcare and fails the Act won
to notify the relevant worker of the reason in
writing or fails to consult with the relevant
worker whether to support him/her through use
of childcare leave or other measures, in violation
6. Where an employer fails to determine, in writing, Article 39 (2) 5 of 4 million

the working conditions of a worker whose the Act won
working hours have been reduced for a period of
childcare, in violation of Article 19-3 (2) of the Act
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2. EQUAL EMPLOYMENT
7. Where an employer fails to grant working hour Article 39 (2) 6 5 million

reduction for a childcare period after receiving a of the Act won
request for working hour reduction for a childcare
period, in violation of Article 19-2 (1) of the Act
8. Where an employer fails to grant family care Article 39 (2) 7 of 5 million

leave after receiving a request for family care the Act won
leave, in violation of Article 22-2 (1) of the Act
9. Where an employer fails to provide education to Article 39 (3) 1 of 2 million

prevent sexual harassment at work in violation of the Act won
10. Where an employer fails to submit an Article 39 (3) 2 of

3 million
implementation plan in violation of Article 17-3 the Act
won
(1) of the Act
11. Where an employer fails to submit a report on Article 39 (3) 3 of 3 million

the current status of employment of male and the Act won
female workers or submits a false report in
violation of Article 17-3 (2) of the Act
12. Where an employer fails to submit performance Article 39 (3) 4 of 3 million

results or submits false performance results in the Act won
(excluding the cases where the person who has
submitted an implementation plan in accordance
with Article 17-3 (3) of the Act fails to submit
the performance results)
13. Where an employer fails to cooperate actively in Article 39 (3) 5 of 2 million

all the procedures, such as preparation and the Act won
confirmation of relevant documents, etc., in
violation of Article 18 (4) of the Act
14. Where an employer refuses to submit reports or Article 39 (3) 6 of 2 million

relevant documents under Article 31 (1) of the the Act won
Act or submits false reports or documents
15. Where a person refuses, obstructs or evades an Article 39 (3) 7 of 2 million

inspection under Article 31 (1) of the Act the Act won
16. Where an employer fails to keep relevant Article 39 (3) 8 of 2 million

documents for three years, in violation of the Act won
Article 33 of the Act
Note : The Minister of Employment and Labor may increase or reduce the amount
of fine for negligence to be imposed by up to half thereof after taking into
consideration the motive and consequences, etc., of the offense. In this case,
the total amount of fine for negligence shall not exceed the maximum
amount of fine for negligence prescribed in the respective provisions of
Article 39 (1) through (3) of the Act.

ACT ON PROHIBITION OF AGE DISCRIMINATION IN EMPLOYMENT AND AGED EMPLOYMENT PROMOTION
ACT ON PROHIBITION OF AGE DISCRIMINATION IN

EMPLOYMENT AND AGED EMPLOYMENT PROMOTION
Act No. 4487, Dec. 31, 1991
Amended by Act No. 4733, Jan. 7, 1994

Act No. 5454, Dec. 13, 1997
Act No. 5474, Dec. 24, 1997
Act No. 5882, Feb. 8, 1999
Act No. 6849, Dec. 30, 2002
Act No. 8116, Dec. 28, 2006
Act No. 8372, Apr. 11, 2007
Act No. 8472, May 17, 2007
Wholly Amended by Act No. 8962, Mar. 21, 2008
Act No. 9792, Oct. 9, 2009
Act No. 9997, Feb. 4, 2010
Act No. 10339, Jun. 4, 2010
Act No. 11791, May 22, 2013
CHAPTER Ⅰ
General Provisions
Article 1 (Purpose)
The purpose of this Act is to contribute to the employment
security of the aged and to the development of the national
economy by prohibiting discrimination in employment on the
grounds of age without reasonable causes and supporting and
promoting the employment of the aged so that they can have
jobs suitable for their abilities.
<This Article Wholly Amended by Act No. 8962, Mar. 21, 2008>
The definitions of terms used in this Act shall be as follows:
1. “The aged” means a person whose age is equal to or
above the age prescribed by the Presidential Decree after
taking into account the composition of the population and
workers;
2. “The semi-aged” means a person whose age is equal to
or above the age prescribed by the Presidential Decree
but who are not the aged;
3. “Employer” means a person who carries on a business
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2. EQUAL EMPLOYMENT
employing workers;
4. “Worker” means a worker referred to in Article 2 (1) 1
of the Labor Standards Act; and
5. “Standard employment rate” means the rate of aged
people that an employer is required to employ on the
basis of the number of workers usually employed in the
workplace in order to promote the employment of the
aged, which is prescribed by the Presidential Decree by
type of business in consideration of the current status,
employment state, etc., of the aged.
Article 3 (Government's obligations)
The government shall establish and implement policies to
prohibit age discrimination with the aim of eliminating age
discrimination in employment, raise awareness of employers and
the general public about the employment of the aged, and
implement necessary policies, such as establishing and implementing
measures to promote the employment of the aged, providing
vocational skills development training, etc., in a effective and
comprehensive manner in order to pursue employment promotion
and job security for the aged.
Article 4 (Employer's Obligations)
An employer shall make efforts to eliminate age discrimination
in employment, to provide the aged with employment opportunities
suitable for their abilities by developing and improving their
vocational skills and improving work facilities and work, and to
increase the employment of the aged by extending retirement ages.
Article 4-2 Deleted. <Act No. 8962, Mar. 21, 2008>
Article 4-3 (Establishment of Basic Plans for Promoting Employment
of the Aged)
basic plan for promoting the employment of the aged (hereinafter
referred to as “basic plan”) in consultation with the head of a
relevant central agency every five years. <Amended by Act No.
10339, Jun. 4, 2010>
(2) The basic plan shall include the following matters:
1. Current state of and outlook for the aged;
2. Vocational skills development of the aged;

3. Methods of improving the possibility of employing the

aged, such as job placement, reemployment, outplacement
services, etc.,;
4. Other major policies concerning employment promotion
for the aged.
(3) When the Minister of Employment and Labor establishes
a basic plan, he/she shall submit the plan for deliberation to
the Employment Policy Council (hereinafter referred to as “the
Employment Policy Council”) under Article 10 of the Framework
Act on Employment Policy.<Amended by Act No. 9792, Oct. 9,
2009 and Act No. 10339, Jun. 4, 2010>
necessary, may ask the head of relevant administrative or public
authorities to submit materials necessary for establishing a basic
plan. <Amended by Act No. 10339, Jun. 4, 2010>
Article 4-4 (Prohibition of Age Discrimination in Recruitment,
Employment, etc.)
(1) An employer shall not discriminate against a worker and
a person who intends to be a worker on the grounds of age
without any reasonable cause in the following areas:
1. Recruitment and employment;
2. Provision of wages, and other money and valuables, and
welfare benefits;
3. Education and training;
4. Assignment, transfer or promotion;
5. Retirement or dismissal
(2) In the application of paragraph (1), any results unfavorable
to a certain age group, which are caused by applying standards other
than age without a reasonable cause, is deemed age discrimination.
<This Article Newly Inserted by Act No. 8962, Mar. 21, 2008>
Article 4-5 (Exception to Prohibition of Discrimination)
Any of the following cases shall not be considered as age
discrimination under Article 4-4:
1. Where a certain age limit is inevitably required in
consideration of the characteristic of the duties;
2. Where wages, and other money and valuables, and welfare
benefits are reasonably differentiated according to length
of service;
3. Where a retirement age is set under labor contracts, work
rules, collective agreements, etc. pursuant to this Act or other
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2. EQUAL EMPLOYMENT
Acts;
4. Where support measures are taken to maintain and promote
the employment of a certain age group pursuant to this
Act or other Acts.
Article 4-6 (Notification of Petition and Recommendation)
(1) A person who has been discriminated against on the
grounds of age due to the violation of any prohibition of age
discrimination under Article 4-4 (hereinafter referred to as a
“victim”) may file a petition to the National Human Rights
Commission pursuant to Article 30 of the National Human
Rights Commission Act.
(2) If the National Human Rights Commission judges that
there is age discrimination after investigating a petition filed under
paragraph (1), and recommends the employer, or the head of
the relevant authorities, organization or supervisory authorities
to take remedial measures, etc., it shall also notify the Minister
of Employment and Labor of the details of such recommendation.
Article 4-7 (Corrective Order)
(1) If an employer who has been recommended to take
remedial measures, etc., by the National Human Rights Commission
under Article 4-6 (2) fails to comply with such recommendation
without any justifiable reasons, and is deemed to inflict serious
harm by falling under any of the following subparagraphs, the
Minister of Employment and Labor may issue a corrective order
by virtue of his/her authority or at the request of the victim:
1. Failure to comply with recommendations for an act of age
discrimination involving many victims;
2. Failure to comply with recommendations for repeated acts
of age discrimination;
3. Intentional failure to comply with recommendations, which
is aimed at giving disadvantages to the victim;
4. Other cases prescribed by the Ordinance of the Ministry
of Employment and Labor where a corrective order is
needed in view of the contents, amount, etc. of the harm
(2) A corrective order under paragraph (1) shall include the
following matters:
1. Stoppage of acts of age discrimination;

2. Restitution for harm;

3. Measures to prevent further recurrence of age discrimination;
4. Other measures prescribed by the Ordinance of the Ministry
of Employment and Labor as required to redress age
discrimination <Amended by Act No. 10339, Jun. 4, 2010>
(3) If a corrective order under paragraph (1) is issued at the
request of a victim, such corrective order shall be issued within
three months from the date when the request is received.
(4) If the Minister of Employment and Labor issues a corrective
order pursuant to paragraph (1), he/she shall give a written
statement specifying the following matters to the employer and
victim respectively: <Amended by Act No. 10339, Jun. 4, 2010>
1. Reasons for the corrective order;
2. Details of the corrective order;
3. Deadline for redress;
4. Procedure for filing an appeal against the corrective order
(5) Procedures for a corrective order under paragraph (1) and
other necessary matters shall be prescribed by the Presidential
Decree.
Article 4-8 (Request, Etc. for Status Report on Compliance with
Corrective Order)
employer who has committed an act of age discrimination to submit
a status report on compliance with a corrective order under
Article 4-7. <Amended by Act No. 10339, Jun. 4, 2010>
(2) If an employer who has committed an act of age
discrimination fails to comply with a corrective order, the victim
may report it to the Minister of Employment and Labor.
Article 4-9 (Prohibition of Dismissal and Other Unfavorable Treatment)
An employer shall not give a worker unfavorable treatment,
such as dismissal, transfer and disciplinary action, on the ground
that the worker has filed a petition, lawsuit or report, or
provided information, response or testimony in regard of an act
of age discrimination prohibited by this Act.
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2. EQUAL EMPLOYMENT
CHAPTER Ⅱ
Government Support for Employment of the Aged
Article 5 (Collection of Job Information)

The Minister of Employment and Labor, the special metropolitan
city mayor, a metropolitan city mayor, a provincial governor or
the governor of a special self-governing province (hereinafter
referred to as “the Minister of Employment and Labor, etc.,”)
shall collect information on job offers and job seekers for the
aged, endeavor to find job offers and job seekers and provide
the related information to job seekers, employers and related
organizations, in order to promote the employment of the aged.
<Amended by Act No. 9997, Feb. 4, 2010 and Act No. 10339, Jun.
4, 2010>
Article 6 (Vocational Skills Development Training for the Aged)
(1) The Minister of Employment and Labor, etc., shall provide
vocational skills development training for the aged, as prescribed
by the Presidential Decree, in order to promote the employment
of the aged and to develop and improve their vocational skills.
4, 2010>
(2) The Minister of Employment and Labor, etc., shall take
actions to provide the adaptation training prescribed by the
Ordinance of the Ministry of Employment and Labor, which
includes safety and health contents, before employment, if it is
deemed necessary to ensure that the aged can easily adapt to
their working environments. <Amended by Act No. 9997, Feb. 4,
2010 and Act No. 10339, Jun. 4, 2010>
(3) The Workers Vocational Skills Development Act shall apply
mutatis mutandis to matters concerning vocational skills development
training for the aged and the protection of trainees taking such
training: Provided that special considerations shall be made
given the physical and mental conditions of the aged.
Article 7 (Employment Guidance for Employer)
necessary, shall provide counseling, advice and other necessary
support to an employer who employs or intends to employ aged

people in regard of technical matters concerning the employment

management of the aged, such as employment, assignment,
work facilities and working environments, etc. <Amended by Act
No. 10339, Jun. 4, 2010>
information and other materials about the physical and mental
conditions, vocational skills, etc., of the aged to an employer
who employs or intends to employ aged people. <Amended by
Act No. 10339, Jun. 4, 2010>
Article 8 (Support to Employer in Education and Training for the
aged and Improvement of Working Environments)
(1) If an employer provides necessary education and vocational
training to promote the employment of the aged, the Minister
of Employment and Labor may provide all or part of such
expenses. <Amended by Act No. 10339, Jun. 4, 2010>
(2) If an employer improves facilities to make them suitable
for the employment of the aged, the Minister of Employment
and Labor may provide all or part of such expenses. <Amended
by Act No. 10339, Jun. 4, 2010>
(3) Subsidies under paragraphs (1) and (2) shall be financed
from the budget (including the Employment Insurance Fund
under the Employment Insurance Act; hereinafter the same shall
apply), and matters concerning the payment standards shall be
by Act No. 10339, Jun. 4, 2010>
Article 9 (Strengthening of Job Placement Service for the Aged)
(1) The government shall provide appropriate vocational guidance
and job placement services, such as job counselling, vocational
aptitude test, etc., for the aged, in order to enable the aged to
find jobs suited to their abilities.
(2) The government shall endeavor to improve related
administrative organizations and facilities for vocational guidance
and job placement services for the aged.
(3) The Minister of Employment and Labor, etc., shall designate
from among his/her public officials, a vocational guidance officer
who is in charge of providing vocational guidance, job placement
services, etc. for the aged. <Amended by Act No. 9997, Feb. 4,
2010 and Act No. 10339, Jun. 4, 2010>
(4) Matters necessary for the qualifications of a vocational
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2. EQUAL EMPLOYMENT
guidance officer, etc., shall be determined by the Minister of

Article 10 (Operation of Employment Information Centre for the Aged)
(1) The Minister of Employment and Labor, etc., may run
an employment information centre for the aged in necessary
regions to provide vocational guidance and job placement
services for the aged effectively. <Amended by Act No. 9997, Feb.
4, 2010 and Act No. 10339, Jun. 4, 2010>
(2) An employment information centre for the aged shall
conduct the following activities:
1. Registration of job seekers and job offers, vocational
guidance and placement service for the aged;
2. Vocational adaptation training and education for the aged;
3. Technical counselling, education and guidance concerning
the extension of retirement ages, improvement of personnel
and labor management and working environments;
4. Publicity for employment promotion for the aged;
5. Other activities necessary for employment promotion for
the aged.
Article 11 (Designation of Talent Bank for the Aged)
(1) The Minister of Employment and Labor may designate
as a talent bank for the aged any organization or institution
equiped with professional workforces and facilities necessary for
vocational guidance and job placement services or vocational
skills development training, etc., for the aged, from among the
following organizations or institutions: <Amended by Act No.
9997, Feb. 4, 2010 and Act No. 10339, Jun. 4, 2010>
1. Non-profit corporations or public organizations engaging
in free job placement services under Article 18 of the
Employment Security Act;
2. Institutions eligible to be entrusted with vocational skills
development training under Article 16 of the Workers
Vocational Skills Development Act
(2) The scope of the activities of a talent bank for the aged
which falls under both subparagraphs 1 and 2 of paragraph (1)
shall include all of the following activities, that of a talent bank
for the aged which falls under subparagraph 1 of paragraph (1)
alone shall only include the activities described in subparagraphs
1, 2 and 4, and that of a talent bank for the aged which falls

under subparagraph 2 of paragraph (1) alone shall only include

the activities described in subparagraphs 3 and 4: <Amended by
Act No. 9997, Feb. 4, 2010 and Act No. 10339, Jun. 4, 2010>
1. Registration of job offers and job seekers, vocational
guidance and placement services for the aged;
2. Vocational counselling for the aged seeking jobs and
reemployment counselling for retirees;
3. Vocational skills development training for the aged;
4. Other activities determined by the Minister of Employment
and Labor as deemed necessary for promoting the
employment of the aged.
talent bank for the aged with imformation on job seekers and
job offers and local labor demand and supply, and other
materials, which have been collected by the administrative
authorities responsible for employment security. <Amended by
Act No. 10339, Jun. 4, 2010>
talent bank for the aged with all or part of its expenses within
the limits of budget. <Amended by Act No. 10339, Jun. 4, 2010>
(5) Necessary matters concerning the criteria and procedures
for the designation of a talent bank for the aged under paragraph
(1) shall be prescribed by the Presidential Decree.
Article 11-2 (Designation of Employment Service Center for Middle-aged
Professionals)
an employment service center for middle-aged professionals
(hereinafter referred to as “employment service center for middle-aged
professionals”) which provides professional assistance, such as
vocational guidance, job placement services, etc., to aged people
who have retired and are prescribed by the Ordinance of the Ministry
of Employment and Labor in consideration of their career, etc.,
(hereinafter referred to as “middle-aged professionals”). <Amended
by Act No. 10339, Jun. 4, 2010>
(2) An employment service center for middle-aged professionals
shall be designated, from among non-profit corporations or public
organizations which provide free job placement services under
Article 18 of the Employment Security Act, and are equipped
with necessary professional workforces and facilities.
(3) An employment service center for middle-aged professionals
shall conduct the following activities:
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2. EQUAL EMPLOYMENT
1. Registration of job offers and seekers, vocational counselling

and job placement for middle-aged professionals;
2. Assistance to middle-aged professionals in management
consulting, volunteer work, etc. for small and medium
enterprises;
3. Other necessary activities prescribed by the Presidential
Decree as necessary for the employment of middle-aged
professionals
(4) Article 11 (3) through (5) applicable to talent banks for
the aged shall apply mutatis mutandis to employment service
centers for middle-aged professionals. In such cases, “talent bank
for the aged” shall be read as “employment service center for
middle-aged professionals.”
Article 11-3 (Cancellation of Designation, etc. of Talent Bank for
the Aged and Employment Service Center for Middle-aged
Professionals)
(1) If an organization designated as a talent bank for the aged
or an employment service center for middle-aged professionals
Employment and Labor may cancel the designation, as prescribed
by the Ordinance of the Ministry of Employment and Labor:
4, 2010>
1. Where its free job placement services is discontinued;
2. Where business suspension is imposed pursuant to Article
36 of the Employment Security Act;
3. Where the approval and designation of the vocational
skills development training facility is cancelled or business
suspension is imposed on the vocational skills development
training facility under Article 27 or 31 of the Workers
Vocational Skills Development Act;
4. Where the designated vocational skills development training
facility is closed down under Article 28 (3) of the Workers
Vocational Skills Development Act;
5. Where permission to establish the vocational skills development
training corporation is cancelled under Article 32 of the
Workers Vocational Skills Development Act;
6. Where it has such reasons as poor business performance,
etc., determined by the Minister of Employment and Labor.
(2) If an organization designated as a talent bank for the
aged or an employment service center for middle-aged professionals

intends to close or shut down its business, the organization

shall report this to the Minister of Employment and Labor, as
Article 11-4 (Businesses to Promote Employment for the Aged)
(1) The Minister of Employment and Labor may carry on
the businesses described in any of the following subparagraphs
for employment promotion for the aged: <Amended by Act No.
10339, Jun. 4, 2010>
1. Creating social service jobs suitable for the aged;
2. Assisting the aged in starting up self-employed business;
3. Supporting a job fair targeting the aged;
4. Conducting surveys and research necessary for the
establishment of policies to promote and stabilize the
employment of the aged and for the improvement of
relevant systems;
5. Educating the employees of relevant institutions, such as
talent banks for the aged, employment service centers for
middle-aged professionals, etc. or nurturing necessary workforces;
6. Designating and implementing a period for the employment
of the aged;
7. Selecting and supporting companies excellent in the
employment of the aged;
8. Other necessary businesses for promoting the employment
of the aged.
(2) Necessary matters concerning the implementation of the
businesses prescribed in each subparagraph of paragraph (1) shall
CHAPTER Ⅲ
Employment Promotion and Security for the Aged
Article 12 (Employer's Obligation to Endeavor to Employ the Aged)

An employer who employs not less than the number of
workers prescribed by the Presidential Decree shall strive to
employ the aged not less than the standard employment rate.
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2. EQUAL EMPLOYMENT
Article 13 (Submission of Status Report on Employment of the
Aged by Employers)
(1) The employer prescribed in Article 12 shall submit a
status report on the employment of the aged to the Minister of
Employment and Labor every year, as prescribed by the
by Act No. 10339, Jun. 4, 2010>
(2) If the employer referred to in Article 12 usually employs
the aged less than the standard employment rate, the Minister
of Employment and Labor may recommend the employer to
implement necessary measures, etc., to promote and stabilize the
employment of the aged. <Amended by Act No. 9997, Feb. 4,
2010 and Act No. 10339, Jun. 4, 2010>
counseling, advice and other necessary cooperation and support
to an employer who implements measures, etc., following a
recommendation under paragraph (2). <Amended by Act No.
9997, Feb. 4, 2010 and Act No. 10339, Jun. 4, 2010>
(4) Deleted. <Act No. 9997, Feb. 4, 2010>
Article 14 (Tax Credit, etc. for Employment Promotion for the Aged)
(1) If an employer additionally employs aged people in
excess of the standard employment rate under Article 12, his/her
taxes shall be reduced or exempted as prescribed by the Restriction
of Special Taxation Act.
employment subsidies within the limits of the budget pursuant
to the following subparagraphs: <Amended by Act No. 10339, Jun.
4, 2010>
1. An employment subsidy paid for a certain period to an
employer who newly employs an aged person or employs
a large number of aged people, or an employer who takes
necessary measures for the employment security of the aged;
2. Where an employer implements a system in which wages
are reduced on the basis of a certain age, point of time of
service or amount of wages on condition that the employment
is guaranteed up to or beyond a certain age after obtaining
the consent of the representative of workers, an employment
subsidy paid to workers subject to this system. In such
cases, the “representative of workers” means, if there is a

trade union consisting of a majority of workers, the

representative of the trade union, and if there is no such
trade union, the person who represents a majority of workers;
3. An employment subsidy paid to an employer who receives
a diagnosis by a professional institution with regard to the
restructuring of a wage system, the redesign of jobs (referring
to the development and design of jobs suitable for the aged
or the semi-aged), etc. for the purpose of employment security
and promotion, etc. for the aged and the semi-aged.
(3) Matters concerning the standards for payment of the
employment subsidies under paragraph (2) shall be prescribed
Article 15 (Selection, etc. of Priority Occupations)
(1) The Minister of Employment and Labor shall select
occupations (hereinafter referred to as “priority occupations”)
suitable for employment of the aged and the semi-aged after
deliberation by the Employment Policy Council, and announce
the selected priority occupations. <Amended by Act No. 10339,
Jun. 4, 2010>
(2) The Minister of Employment and Labor shall conduct
surveys and research on matters necessary for promoting the
employment of the aged and the semi-aged, such as the development
of priority occupations, etc., and compile and distribute relevant
data. <Amended by Act No. 10339, Jun. 4, 2010>
Article 16 (Employment in Priority Occupations)
(1) The head of the State, a local government, or of an
institution designated as a public institution under Article 4 of
the Act on the Management of Public Institutions shall employ
preferentially the aged and the semi-aged in the priority
occupations of the institutions, as prescribed by the Presidential
Decree. <Amended by Act No. 9997, Feb. 4, 2010>
(2) Employers other than those prescribed in paragraph (1)
shall strive to employ preferentially the aged and the semi-aged
in the priority occupations.
Article 17 (Request for Expansion of Employment, etc.)
employer who shows poor performance in employing preferentially
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2. EQUAL EMPLOYMENT
the aged and the semi-aged under Article 16 to present the

reason, and request an employer whose reason is not justifiable
(including those who do not present the reason) to increase the
employment of the aged and the semi-aged. <Amended by Act
No. 10339, Jun. 4, 2010>
employer who fails to comply with a recommendation under
Article 13 (2) to present the reason, and request an employer
whose reason is not justifiable (including those who do not
present the reason) to increase the employment of the aged and
the semi-aged. <Amended by Act No. 9997, Feb. 4, 2010 and Act
No. 10339, Jun. 4, 2010>
Article 18 (Public Announcement of Details and Suspension of
Placement Service)
For a person who has failed to comply with a request for
an increase in employment under Article 17 without any justifiable
reason, the Minister of Employment and Labor may publicly
announce the said details or suspend employment services, such
as vocational guidance and placement services, etc., which are
provided by the administrative authorities involved in employment
security. <Amended by Act No. 10339, Jun. 4, 2010>
CHAPTER Ⅳ
Retirement Age
Article 19 (Retirement Age)

(1) An employer shall set the retirement age of workers at
60 or above.
(2) Where an employer sets the retirement age of workers
below 60 notwithstanding paragraph (1), the retirement age shall
be considered to be set at 60.
<This Article Wholly Amended by Act No. 11791, May 22, 2013>
Article 19-2 (Restructuring of Wage System Due to Extension of
Retirement Age)
(1) The employer of a business or workplace which extends
the retirement age pursuant to Article 19 (1) and its trade union

composed of a majority of workers (referring to the person

representing a majority of workers if there is no trade union
composed of a majority of workers) shall take necessary measures,
such as restructuring the wage system, according to the conditions
of the business or workplace.
necessary support, such as employment subsidies, to the employer
or workers of a business or workplace which takes necessary
measures pursuant to paragraph (1), as prescribed by the Presidential
Decree.
necessary support, such as consulting for the restructuring of a
wage system, etc., to the employer or workers of a business or
workplace which extends the retirement age to 60 or above, as
<This Article Newly Inserted by Act No. 11791, May 22, 2013>
Article 20 (Submission, etc., of Status Report on Implementation
of Retirement Age System)
(1) An employer who employs not less than the number of
workers prescribed by the Presidential Decree shall submit a
status report on the implementation of the retirement age system
to the Minister of Employment and Labor every year, as
(2) If the employer referred to in paragraph (1) sets the
retirement age remarkably low, the Minister of Employment and
Labor may recommend the employer to extend the retirement
age. <Amended by Act No. 9997, Feb. 4, 2010 and Act No. 10339,
Jun. 4, 2010>
(4) If an employer fails to comply with a recommendation
under paragraph (2) without any justifiable reason, the details
of the failure may be made public. <Amended by Act No. 9997,
Feb. 4, 2010>
Article 21 (Reemployment of Retirees)
(1) If a person who has reached retirement age wishes to be
reemployed in the same workplace, the employer shall strive to
reemploy him/her in an occupation that suits his/her ability to
perform duties.
(2) In reemploying an aged retiree, the employer may exclude
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2. EQUAL EMPLOYMENT
his/her previous service period from producing the continuous

service period needed to calculate the retirement pay under
Article 34 of the Labor Standards Act and the number of days
of annual paid leave under Article 60 of the same Act and
determine wages differently from the previous ones under
agreement between the parties concerned.
Article 21-2 (Support for Reemployment of Retirees)
The Minister of Employment and Labor may provide necessary
support, such as providing subsidies, etc. to an employer who
reemploys retirees pursuant to Article 21 or takes other necessary
measures to ensure employment security for retirees. <Amended
by Act No. 10339, Jun. 4, 2010>
Article 21-3 (Support for Job-seeking Activities by Retirees, etc.)
(1) An employer shall make efforts to support job-seeking
activities carried out by an aged worker who is going to leave
his/her job due to reasons, such as retirement after reaching the
retirement age, etc.
necessary support, such as paying labor costs, subsidies, etc., to
an employer who faithfully implement the support measure
under paragraph (1). <Amended by Act No. 10339, Jun. 4, 2010>
Article 22 (Support for Extension of Retirement Age)
The Minister of Employment and Labor shall provide counseling,
advice and other necessary cooperation and support in regard
of the personnel affairs, wages, etc., of the enterprise following
the extension of the retirement age. <Amended by Act No. 10339,
Jun. 4, 2010>
CHAPTER Ⅴ
Article 23 (Report and Inspection)

(1) If the Minister of Employment and Labor deems it

necessary for promoting the employment of the aged, he/she

may request an employer, a talent bank for the aged or an
employment service center for middle-aged professionals to
report on matters necessary for the implementation of this Act.
necessary, he/she may have a relevant public official to enter a
workplace, a talent bank for the aged, an employment service
center for middle-aged professionals or other facilities, and inspect
their business situation, books and other articles. <Amended by
Act No. 10339, Jun. 4, 2010>
carry out an inspection under paragraph (2), he/she shall notify
in advance the employer, etc. of necessary matters for the inspection,
including the date, contents, etc. of the inspection: Provided that
this shall not apply if it is urgent, or deemed that the purpose
thereof may be defeated if advance notification is made. <Amended
by Act No. 10339, Jun. 4, 2010>
(4) A relevant public official who conducts an inspection
under paragraph (2) shall carry a certificate indicating his/her
authority, and present it to the interested persons.
(5) The Minister of Employment and Labor, if an inspection
has been done under paragraph (2), shall notify the employer,
etc. of the result in writing. <Amended by Act No. 10339, Jun. 4, 2010>
Article 23-2 (Delegation of Authority)
The authority of the Minister of Employment and Labor
prescribed by this Act may be delegated partially to the heads
of local employment and labor offices or local governments, as
prescribed by the Presidential Decree. <Amended by Act No. 10339,
Jun. 4, 2010>
Article 23-3 (Penal Provisions)
(1) An employer who gives a worker unfavorable treatment,
such as dismissal, transfer, disciplinary action, etc., in violation
of Article 4-9 shall be punished by imprisonment for not more
than two years or by a fine not exceeding ten million won.
(2) An employer who discriminates against workers on the
ground of age in recruitment and employment without a justifiable
reason in violation of Article 4-4 (1) 1 shall be punished by a
fine not exceeding five million won.
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2. EQUAL EMPLOYMENT
Article 23-4 (Joint Penal Provisions)

(1) If the representative, an agent, a servant, or any other
employee of a juristic person has committed the offence referred
to in Article 23-3 in relation to the business of the juristic
person, in addition to punishing the offender, the juristic person
shall be fined in accordance with the respective provisions:
Provided that, this shall not apply unless the juristic person has
neglected to give considerable attention and supervision to the
business concerned to prevent such offence.
(2) If an agent, a servant, or any other employee of an
individual has committed the offence referred to in Article 23-3
in relation to the business of the individual, in addition to
punishing the offender, the individual shall be fined in accordance
with the respective provisions: Provided that, this shall not
apply unless the individual has neglected to give considerable
attention and supervision to the business concerned to prevent
such offence.
(1) A person who fails to comply with a corrective order
under Article 4-7 without a justifiable reason shall be punished
by a fine for negligence not exceeding 30 million won.
shall be punished by a fine for negligence not exceeding 5
million won: <Amended by Act No. 9997, Feb. 4, 2010 and Act
No. 10339, Jun. 4, 2010>
1. A person who fails to follow the Minister of Employment
and Labor's request to submit a status report without a
justifiable reason under Article 4-8 (1);
2. A person who fails to submit a status report on the
employment of the aged under Article 13 (1);
3. A person who fails to submit a status report on the
implementation of a retirement age system under Article
20 (1);
4. A person who fails to make a report, or who makes a
false report under Article 23 (1);
5. A person who refuses, obstructs or evades the entrance
or inspection under Article 23 (2).
(3) The fine for negligence referred to in paragraph (1) shall
be imposed and collected by the Minister of Employment and
No. 10339, Jun. 4, 2010>


Addenda <Act No. 9792, Oct. 9, 2009; Revision of the

Framework Act on Employment Policy>

(4) Parts of the Act on Prohibition of Age Discrimination in
Employment and Aged Employment Promotion shall be revised
as follows:
“Article 6 of the Framework Act on Employment Policy” in
Article 4-3 (3) shall be changed to “Article 10 of the Framework
Act on Employment Policy”.
Article 3 Omitted.

promulgation.
The imposition of a fine for negligence before the entry into
force of this Act shall be governed by the previous provisions.

(13) Parts of the Act on Prohibition of Age Discrimination
in Employment and Aged Employment Promotion shall be
revised as follows:
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2. EQUAL EMPLOYMENT
“Minister of Labor” in Article 4-3 (1), (3) and (4), Article 4-6
(2), parts other than each subparagraph of Article 4-7 (1) and
(4), Article 4-8 (1) and (2), Article 5, Article 7 (1) and (2),
Article 8 (1) through (3), Article 9 (4), parts other than each
subparagraph of Article 11 (1), subparagraph 4 of Article 11 (2),
Article 11 (3) and (4), Article 11-2 (1), parts other than each
subparagraph of Article 11-3 (1), subparagraph 6 of Article 11-3
(1), Article 11-3 (2), parts other than each subparagraph of
Article 11-4 (1), Article 13 (1) through (3), parts other than each
subparagraph of Article 14 (2), Article 15 (1) and (2), Article 17
(1) and (2), Article 18, Article 20 (1) and (2), Article 21-2,
Article 21-3 (2), Article 22, Article 23 (1), (2), (3) and (5), Article
23-2, Article 24 (2) 1 and Article 24 (3) shall be changed to
“Minister of Employment and Labor”.
“Ordinance of the Ministry of Labor” in Article 4-7 (1) 4
and (2) 4, Article 6 (2), Article 11-2 (1), parts other than each
subparagraph of Article 11-3 (1), Article 11-3 (2), Article 13 (1)
and Article 20 (1) shall be changed to “Ordinance of the
Ministry of Employment and Labor”.
“Minister of Labor, etc.” in Article 5, Article 6 (1) and (2),
Article 9 (3) and Article 10 (1) shall be changed to “Minister of
Employment and Labor, etc.”
“Local labor office” in Article 23-2 shall be changed to
“local employment and labor office”.
Article 5 Omitted.
Addendum <Act No. 11791, May 22, 2013>
This Act shall enter into force one year after the date of its
promulgation: Provided that the amended provisions of Articles
19 and 19 (1) and (2) shall enter into force on the date
determined in accordance with the following classification:
or more, public institutions under Article 4 of the Act on
the Management of Public Institutions, local government-
controlled corporations under Article 49 of the Local Public
Enterprise Act and local government-owned corporations
under Article 76 of the same Act: January 1, 2016;
2. Businesses or workplaces ordinarily employing fewer than 300
workers and the State and local governments: January 1, 2017.

ENFORCEMENT DECREE OF THE ACT ON PROHIBITION OF AGE DISCRIMINATION IN EMPLOYMENT AND AGED EMPLOYMENT PROMOTION
ENFORCEMENT DECREE OF THE ACT ON PROHIBITION

OF AGE DISCRIMINATION IN EMPLOYMENT AND
AGED EMPLOYMENT PROMOTION
Amended by Presidential Decree No. 18051, Jul. 10, 2003

Wholly Amended by Presidential Decree No. 21230, Dec. 31, 2008
CHAPTER I
General Provisions
Article 1 (Purpose)
by the Act on Prohibition of Age Discrimination in Employment
and Aged Employment Promotion and those necessary for the
enforcement thereof.
Article 2 (Definition of the Aged and the Semi-Aged)
(1) “The aged” under subparagraph 1 of Article 2 of the
Act on Prohibition of Age Discrimination in Employment and
Aged Employment Promotion (hereinafter referred to as the
“Act”) means those aged 55 or older.
(2) “The semi-aged” under subparagraph 2 of Article 2 of
the Act means those aged 50 or older but less than 55.
Article 3 (Standard Employment Rate of the Aged)
“The rate prescribed by the Presidential Decree” in subparagraph
5 of Article 2 of the Act refers to any of the following rates:
1. Manufacturing : 2/100 of the number of workers ordinarily
employed in the workplace;
2. Transportation, real-estate or rental and leasing: 6/100 of
the number of workers ordinarily employed in the workplace;
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2. EQUAL EMPLOYMENT
and
3. Industries other than those specified in subparagraphs 1
and 2: 3/100 of the number of workers ordinarily employed
in the workplace.
CHAPTER Ⅱ
Prohibition of Age Discrimination in Employment
Article 4 (Method, etc., of Applying for Corrective Order)

(1) A victim who intends to request a corrective order shall
submit a written statement containing the following information
to the Minister of Employment and Labor: <Amended by Presidential
Decree No. 22269, Jul. 12, 2010>
2. Name and address of the respondent (referring to the
name of the corporation and location of its main office if
the respondent is a corporation); and
3. Reasons why the corrective order is needed
(2) The request for a corrective order under paragraph (1)
shall be made within six months from the date on which the
National Human Rights Commission recommends a remedial
measure, etc.
CHAPTER Ⅲ
Government Support for Employment of the Aged
Article 5 (Vocational Skills Development Training, etc. for the Aged)

(1) The Minister of Employment and Labor, the special
metropolitan city mayor, a metropolitan city mayor, a provincial
governor or the governor of a special self-governing province
(hereinafter referred to as “the Minister of Employment and Labor,
etc.”) shall provide the vocational skills development training
described in any of the following subparagraphs in order to
promote the employment of the aged and to develop and
improve their vocational skills in accordance with Article 6 (1)

of the Act: <Amended by Presidential Decree No. 22140, Apr. 29,

1. Vocational skills development training that is provided
according to Article 12 of the Workers Vocational Skills
Development Act for the aged who want to be employed
in the priority occupations selected and announced
pursuant to Article 15 (1) of the Act (hereinafter referred
to as “priority occupations”);
2. On-the-job training that is provided at production facilities
or in the workplace of a preferentially supported enterprise
after receipt of an application from an aged person who
wants to be employed and the employer of the preferentially
supported enterprise under Article 12 of the Enforcement
Decree of the Employment Insurance Act;
(2) If providing on-the-job training pursuant to subparagraph
2 of paragraph (1), the Minister of Employment and Labor, etc.,
may provide all or part of the training expenses to the employer
of the preferentially supported enterprise, and provide training
allowances to the aged person within the limits of available
budget. <Amended by Presidential Decree No. 22140, Apr. 29, 2010
(3) The Minister of Employment and Labor, etc., shall develop
and disseminate vocational skills development training courses
suitable for the aged in order to enhance the outcome of vocational
skills development training for the aged. <Amended by Presidential
Jul. 12, 2010>
(4) If developing vocational skills development training courses
in priority occupations, which are provided for the aged at
vocational skills development training facilities under subparagraph
3 of Article 2 of the Workers Vocational Skills Development Act
or providing training under the same Act, the Minister of
Employment and Labor, etc., may provide all or part of the
expenses. <Amended by Presidential Decree No. 22140, Apr. 29,
(5) Paragraphs (1) through (4) shall apply mutatis mutandis
to vocational skills development training for the semi-aged. In
this case, “the aged” shall be read as “the semi-aged.”
Article 6 (Preferential Assessment of Vocational Skills Development
Training Facilities, etc.)
When assessing vocational skills development training facilities,
etc. pursuant to Article 48 of the Enforcement Decree of the
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2. EQUAL EMPLOYMENT
Workers' Vocational Skills Development Act, the Minister of

Employment and Labor may give preferential treatment to a
training facility, if the outcome of its training for the aged is
better than the level determined by the Minister of Employment
2010 and Presidential Decree No. 22356, Aug. 25, 2010>
Article 7 (Criteria, etc. for Designation of Talent Bank for the Aged)
(1) The criteria for designation of talent banks for the aged
under Article 11 (1) of the Act (hereinafter referred to as “talent
bank for the aged”) is shown in Table 1.
(2) A person who intends to be designated as a talent bank
for the aged shall apply for the designation of a talent bank for
the aged to the Minister of Employment and Labor. <Amended
(3) If the Minister of Employment and Labor has received
an application for designation as a talent bank for the aged
pursuant to paragraph (2), he/she shall decide whether to grant
a designation after taking into consideration each of the following
matters, and then notify the applicant of the results within 30
days of the receipt of the application: <Amended by Presidential
Decree No. 22269, Jul. 12, 2010>
1. Regional distribution of talent banks for the aged;
2. Results of the job placement services for the aged;
3. Size of the relevant budget; and
4. Other matters considered by the Minister of Employment
and Labor to be necessary for the designation of a talent
bank for the aged <Amended by Presidential Decree No.
22269, Jul. 12, 2010>
(4) The duration of the designation of a talent bank for the
aged and other necessary matters for the designation and
operation of a talent bank for the aged shall be determined by
Decree No. 22269, Jul. 12, 2010>
Article 8 (Business Scope of Employment Service Center for Middle-aged
Professionals)
The “business determined by the Presidential Decree” in
Article 11-2 (3) 3 of the Act refers to business falling under any
of the following subparagraphs:
1. Adaptation training programs for the aged under Article
6 (2) of the Act;
2. Development and dissemination of vocational skills development

training courses in consideration of the physical and

mental conditions, etc. of the aged under Article 6 (3) of
the Act; and
3. Provision of counseling, advice, assistance, information, etc.
to employers in regard of the employment and management
of the aged under Article 7 of the Act.
Article 9 (Criteria, etc. for Designation of Employment Service
Center for Middle-aged Professionals)
(1) The provisions of Table 1 shall apply mutatis mutandis
to the criteria for the designation of an employment service
center for middle-aged professionals under Article 11-2 (1) of
the Act. In this case, “talent bank for the aged” shall be read
as “employment service center for middle-aged professionals”,
“Article 7 (1)” as “Article 9 (1)” and “the aged” as “middle-aged
professionals.”
(2) Article 7 (2) through (4) shall apply mutatis mutandis to
the procedure for the designation of an employment service
center for middle-aged professionals under paragraph (1). In this
case, “the aged” shall be read as “middle-aged professionals”
and “talent bank for the aged” as “employment service center
for middle-aged professionals.”
CHAPTER Ⅳ
Employment Promotion and Employment
Security for the Aged
Article 10 (Employers Subject to Standard Employment Rate)
The employer of a workplace ordinarily employing 300
workers or more shall strive to employ the aged not less than
the standard employment rate pursuant to Article 12 of the Act.
Article 11 (Payment Standards, etc. for Employment Subsidy)
(1) The standards, etc. for the payment of employment
subsidy under Article 14 (2) 1 of the Act shall be governed by
Articles 25 and 26 of the Enforcement Decree of the Employment
Insurance Act.
(2) The standards, etc. for the payment of employment subsidy
under Article 14 (2) 2 of the Act shall be governed by Article
28 of the Enforcement Decree of the Employment Insurance Act.
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2. EQUAL EMPLOYMENT
(3) The standards, etc. for the payment of employment

subsidy under Article 14 (2) 3 of the Act shall be governed by
Article 33 of the Enforcement Decree of the Employment
Insurance Act.
Article 12 (Employment in Priority Occupations)
(1) The head of the State, a local government, and an
institution designated as a public institution under Article 4 of
the Act on the Management of Public Institutions (hereinafter
referred to as “head of a public institution, etc.”) shall employ
the aged and the semi-aged preferentially if there is any of the
following reasons in relation to the priority occupations of the
institution concerned: <Amended by Presidential Decree No. 22140,
Apr. 29, 2010>
1. When workers are newly employed as a result of creating
or expanding the priority occupations; and
2. When additional workers are needed to fill vacancies in
the priority occupations, which are caused by retirement,
job-leaving, etc.
(2) When the head of a public institution, etc, employs a
worker in a priority occupation of the institution concerned,
paragraph (1) may not apply, if a relevant Act or subordinate
statute stipulates additional qualification requirements or approval
has been obtained from the Minister of Employment and Labor
as it is deemed that there is a special circumstance. <Amended
Article 13 (Submission of Status Report on Employment in Priority
Occupations)
The head of a public institution, etc. shall submit a status
report on employment in priority occupations to the Minister of
Employment and Labor every year under the conditions
CHAPTER Ⅴ
Retirement Age
Article 14 (Employers Subject to Submission of Status Report on

Implementation of Retirement Age System)

“An employer who employs not less than the number of

workers prescribed by the Presidential Decree” in Article 20 (1)
of the Act refers to an employer who ordinarily employs 300
workers or more.
CHAPTER Ⅵ
Article 15 (Delegation of Authority)

the authority described in each of the following subparagraphs
to the heads of local employment and labor offices pursuant to
Article 23-2 of the Act: <Amended by Presidential Decree No.
22140, Apr. 29, 2010 and Presidential Decree No. 22269, Jul. 12, 2010>
1. Request for the submission of a report on compliance with
a corrective order and receipt of a report of non-compliance
2. Designation of a talent bank for the aged and an employment
service center for middle-aged professionals under Article
11 and Article 11-2 of the Act;
3. Cancellation of the designation of a talent bank for the
aged and an employment service center for middle-aged
professionals and receipt of a report of the closure and
temporary shutdown of their business under Article 11-3
of the Act;
4. Receipt of a status report on the employment of the aged
under Article 13 (1) of the Act;
5. Receipt of a status report on the implementation of the
retirement age system under Article 20 (1) of the Act;
6. Reporting and inspection under Article 23 of the Act; and
the authority to issue a corrective order under Article 4-7 of the
Act to the heads of local employment and labor offices.
▮▮ 339
2. EQUAL EMPLOYMENT
Article 24 (1) and (2) of the Act are provided in Table 2.

Mar. 30, 2011>

Insurance Act shall be revised as follows :
“The Aged Employment Promotion Act” in Article 25 (1) 1
shall be changed to “Act on Prohibition of Age Discrimination
in Employment and Aged Employment Promotion”.
Employment Promotion Act or the semi-aged under subparagraph
1-2 of Article 2 of the same Act” in subparagraphs 1 and 4 of
Table 1 shall be changed to “the aged under subparagraph 1 of
Article 2 of the Act on Prohibition of Age Discrimination in
Employment and Aged Employment Promotion and the semi-aged
under subparagraph 2 of the same Article”.
(2) Parts of the Enforcement Decree of the Framework Act
on Employment Policy shall be revised as follows :
“The Aged Employment Promotion Act” in Article 7 (5) 4
shall be changed to “the Act on Prohibition of Age Discrimination
in Employment and Aged Employment Promotion”.
(3) Parts of the Enforcement Decree of the Social Enterprise
Promotion Act shall be revised as follows :
“The Aged Employment Promotion Act” in subparagraph 2
of Article 2 shall be changed to “the Act on Prohibition of Age
Discrimination in Employment and Aged Employment Promotion”.
(4) Parts of the Enforcement Decree of the Vocational Education
and Training Promotion Act shall be revised as follows :
Employment Promotion Act” in subparagraph 5 of Article 10
shall be changed to “the aged and semi-aged under subparagraphs
1 and 2 of Article 2 of the Act on Prohibition of Age
Discrimination in Employment and Aged Employment Promotion”.
(5) Parts of the Regulations on the Delegation and Entrustment
of Administrative Authorities shall be revised as follows :
“Article 6 (2) of the Aged Employment Promotion Act” in

Article 50 (1) 1 shall be changed to “Article 6 (2) of the Act on

Prohibition of Age Discrimination in Employment and Aged
Employment Promotion”.
(6) Parts of the Enforcement Decree of the Special Act on
Support for Human Resources of Small and Medium Enterprises
shall be revised as follows :
“The Aged Employment Promotion Act” in Article 9-2 (1) 3
shall be changed to “the Act on Prohibition of Age Discrimination
in Employment and Aged Employment Promotion”
If the Enforcement Decree of the Aged Employment
Promotion Act or the provisions thereof are cited in other Acts
or subordinate statues at the time of enforcement of this Decree,
and this Decree includes provisions corresponding to them, this
Decree or the corresponding provisions thereof shall be deemed
to be cited in lieu of the previous provisions.
Addendum <Presidential Decree No. 22140, Apr. 29, 2010>
This Decree shall enter into force on May 5, 2010.

(19) Parts of the Enforcement Decree of the Act on
Prohibition of Age Discrimination in Employment and Aged
Employment Promotion shall be revised as follows :
“Minister of Labor" in parts other than each subparagraph
of Article 4 (1), parts other than each subparagraph of Article 5
(1), Article 6, Article 7 (2), parts other than each subparagraph
of Article 7 (3), Article 7 (3) 4, Article 7 (4), Article 12 (2),
Article 13, parts other than each subparagraph of Article 15 (1),
Article 15 (2), Article 16 (2) and subparagraph 2 in the 'offense'
column of Table 2 shall be changed to ”Minister of Employment
and Labor“.
“Minister of Labor, etc.” in parts other than each subparagraph
of Article 5 (1), and Article 5 (2) through (4) shall be changed
▮▮ 341
2. EQUAL EMPLOYMENT
to “Minister of Employment and Labor, etc.”

“Ordinance of the Ministry of Labor” in Article 13 shall be
changed to “Ordinance of the Ministry of Employment and Labor”.
“Local labor offices” in parts other than each subparagraph
of Article 15 (1) shall be changed to “local employment and
labor office”.
“Heads of local labor offices” in Article 15 (2) shall be
changed to “heads of local employment and labor offices”.

This Decree shall enter into force on September 1, 2010.
Article 2 Omitted.
(1) Omitted.
(2) Parts of the Enforcement Decree of the Act on Prohibition
of Age Discrimination in Employment and Aged Employment
Promotion shall be revised as follows :
“Article 31 of the Enforcement Decree of the Workers
Vocational Skills Development Act” in Article 6 shall be changed
to "Article 48 of the Workers Vocational Skills Development Act".
Article 4 Omitted.

promulgation.
negligence to offenses committed before this Decree enters into
the amended provisions of Table 2.
(2) The imposition of fines for negligence for offenses committed
before this Decree enters into force shall not be included in
calculating the number of offenses under the amended provisions of
Table 2.

[Table 1] <Amended on Apr. 29, 2010>
Criteria for Designation of Talent Bank for the Aged

(relating to Article 7 (1))
Classification Designation criteria
1. At least one dedicated phone line must be installed to provide

counseling on job openings and job search or vocational skills
development training for the aged.
2. At least one personal computer must be set up to provide
Facilities and
counseling over the Internet on job openings and job search or
equipment
vocational skills development training for the aged.
3. A separate counseling room must be set up to provide
counseling on job openings and job search or vocational skills
development training for the aged.
1. There must be one person or more dedicated to counseling on

job openings and job search or vocational skills development
Manpower training for the aged.
2. There must be one staff member or more providing
administrative support for the talent bank for the aged.
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2. EQUAL EMPLOYMENT
[Table 2] <Amended on Mar. 30, 2011>

1. General criteria
A. The criteria for the imposition of fines for negligence according to the number
of offenses shall apply to cases where a fine for negligence has been imposed
for the same offense in the past three years. In such cases, the number of
offenses shall be calculated based on the date on which a fine for negligence
is imposed for the relevant offense and the date on which the same offense
is found again.
B. The Minister of Employment and Labor shall, if an offender falls under any
of the following conditions, may reduce the amount of fine for negligence
under subparagraph 2 by up to half thereof : Provided that this shall not
apply to offenders who delay payment of a fine for negligence.
1) Where the offender falls under any of the subparagraphs of Article 2-2 (1) of
the Enforcement Decree of the Act on the Regulation of Violations of Public
Order;
2) Where the offender has a reason, such as suffering a considerable loss to
property due to a natural disaster, fire, etc., or facing a serious crisis due to
worsening business conditions;
3) Where the offense is deemed to have been caused by a mistake, such as
minor carelessness or error, etc.;
4) Where the offender has committed the relevant offense for the first time, and
was selected as an enterprise excellent in the employment of the aged and
received an award, such as President's, Prime Minister's or Minister of
Employment and Labor's award, etc., within three years prior thereto ; or
5) Other cases where it is deemed necessary to reduce the amount of fine for
negligence in consideration of the degree of the offense, the motive and
consequences of the offense, etc.
C. The Minister of Employment and Labor may increase the amount of fine for
negligence under subparagraph 2 by up to half thereof if an offender has
committed two offenses or more : Provided that the amount shall not
exceed the maximum amount of fine for negligence under Article 24 (1) or
(2) of the Act.

Amount of fine for negligence

(10,000 won)
1st 2nd
subsequent
offense offense
offenses
A. Where a person fails to comply with Article 24
a corrective order under Article 4-7 of (1) of the
the Act without any justifiable reason Act
1) Where the number of workers 3,000

ordinarily employed is 300 or more

but less than 300

but less than 100

but less than 50

ordinarily employed is less than 10
B. Where a person fails to comply with Article 24 300

the Minister of Employment and
(2) 1 of
Labor's request to submit a compliance
the Act
status report under Article 4-8 (1) of
the Act without any justifiable reason
C. Where a person fails to submit a Article 24

status report on employment of the (2) 2 of
aged under Article 13 (1) of the Act the Act
1) Where the submission is delayed 100 200 300

for less than one month

for one month or more but less
than six months

for six months or more, or the
status report is not submitted
▮▮ 345
2. EQUAL EMPLOYMENT

(10,000 won)
1st 2nd
subsequent
offense offense
offenses
D. Where a person fails to submit a Article 24
status report on the implementation (2) 3 of
of the retirement age system under the Act

for less than one month

for one month or more but less
than six months

for six months or more, or the
status report is not submitted
E. Where a person fails to make a Article 24 300

report under Article 23 (1) of the Act (2) 4 of
or makes a false report the Act
F. Where a person refuses, obstructs or Article 24 300

evades entry or an inspection under (2) 5 of
Article 23 (1) of the Act the Act
`

TRADE UNION AND LABOR RELATIONS ADJUSTMENT ACT
TRADE UNION AND LABOR RELATIONS ADJUSTMENT

ACT
Act No. 5310, Mar. 13, 1997
Amended by Act No. 5511, Feb. 20, 1998

Act No. 6456, Mar. 28, 2001
Act No. 7845, Jan. 2, 2006
Act No. 8158, Dec. 30, 2006
Act No. 9041, Mar. 28, 2008
Act No. 9930, Jan. 1, 2010
Act No. 10339, Jun. 4, 2010
Act No. 12630, May 20, 2014
CHAPTER I
General Provisions
Article 1 (Purpose)
The purpose of this Act is to maintain and improve the
working conditions and to improve the economic and social status
of workers by securing the workers'　rights of association, collective
bargaining and collective action pursuant to the Constitution,
and to contribute to the maintenance of industrial peace and to
the development of the national economy by preventing and
resolving labor disputes through the fair adjustment of labor
relations.
The definitions of terms used in this Act shall be as follows:
1. The term “worker” means a person who lives on wages,
salary, or other equivalent form of income earned in
pursuit of any type of job;
2. The term “employer” means a business owner, a person
responsible for management of a business, or a person
who works on behalf of a business owner with respect to
matters relating to workers in the business;
3. The term “employers　association” means an organization of
employers which has an authority to adjust and control
its constituent members with regard to labor relations.
4. The term “trade union” means an organization or associated
▮▮ 347
organization of workers which is formed in voluntary and

collective manner upon the workers initiative for the purpose
of maintaining and improving working conditions, or
improving the economic and social status of workers. In
cases where an organization falls into one of the
following categories, however, the organization shall not
be regarded as a trade union.
A. Where an employer or other persons who always act
in their employer's interests are allowed to join the
organization;
B. in cases where most of the expenditure is supported
by the employer;
C. Where activities of an organization are only aimed at
mutual benefits, moral culture and other welfare
undertakings;
D. Where those who are not workers are allowed to join
the organization, Provided that a dismissed person
shall not be regarded as a person who is not a worker,
until a review decision is made by the National Labor
Relations Commission when he/she has made an
application to the Labor Relations Commission for remedies
for unfair labor practices;
E. Where the aims of the organization are mainly directed
at political movements.
5. The term “labor disputes” means any controversy or difference
arising from disagreement between the trade union and
employer or employers　association (hereinafter referred to
as “parties to labor relations”) concerning the determination
of terms and conditions of employment such as wages,
working hours, welfare, dismissal, other treatment, etc. In
such cases, “disagreement” is referred to as situations in
which no agreement is likely to be reached by the parties
even though they continue to attempt to make an agreement.
6. The term “industrial action” means actions or counter-actions
which obstruct the normal operation of a business, such
as strikes, sabotage, lock-outs, or other activities through
which the parties to labor relations intend to achieve
their claims.
Article 3 (Restriction on Claims for Damages)
No employer shall claim damages against a trade union or
workers in cases where he/she has suffered damage because of
collective bargaining or industrial action under this Act.

Article 4 (Justifiable Activities)

The provisions of Article 20 of the Criminal Code shall
apply to justifiable activities undertaken to achieve the purpose
of Article 1 as collective bargaining, industrial action, or other
activities by trade unions. However no act of violence or
destruction shall be construed as being justifiable for any ground.
CHAPTER Ⅱ
Trade Union
SECTION 1
General Provisions
Article 5 (Organization and Membership of Trade Union)

Workers are free to organize a trade union or to join it,
except for public servants or teachers who are subject to other
enactments.
Article 6 (Incorporation of Trade Union)
(1) A trade union may be incorporated according to the
bylaws of the trade union.
(2) Where a trade union is incorporated, it shall be registered
in accordance with the Presidential Decree.
(3) With respect to an incorporated trade union, except for
such matters prescribed by this Act, the provisions on incorporated
associations in the Civil Code shall apply.
Article 7 (Requirements for Protection of Trade Union)
(1) Trade unions which are not established by this Act shall
not make an application for adjustment of labor disputes and
for remedy for unfair labor practices to the Labor Relations
Commission.
(2) The provisions of paragraph (1) shall not be construed
as excluding the protection of workers under subparagraphs 1,
2 and 5 of Article 81.
(3) Except specifically for the trade unions formed under
this Act, the term “trade union” shall not be used.
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Article 8 (Exemption from Taxation)

No tax shall be imposed on a trade union except for its
affiliated businesses.
Article 9 (Prohibition of Discrimination)
No member of a trade union shall be discriminated on the
basis of race, religion, sex, age, physical condition, employment
type, political party, or social status. <Amended by Act No. 9041,
Mar. 28, 2008>
SECTION 2
Establishment of Trade Union
Article 10 (Report on Establishment of Trade Union)

(1) A person who intends to establish a trade union shall
prepare a report containing the matters described in the
following subparagraphs, attached by the bylaws under Article
11 and submit it to the Minister of Employment and Labor in
cases of a trade union taking the form of an associated
organization or a unit trade union spanning not less than two
areas among the Special City, Metropolitan Cities, Special
Self-Governing Cities, Provinces and Special Self-Governing
Provinces; to the Special City Mayor, Metropolitan City Mayors
and Provincial Governors in cases of a unit trade union spanning
not less than two areas among Sis/Guns/Gus (referring to
autonomous Gus); and to the Special Self-Governing City Mayors,
Governors of Special Self-Governing Provinces and heads of
Sis/Guns/Gus (referring to heads of autonomous Gus; hereinafter
the same shall apply in Article 12 (1)) in cases of any other
trade union: <Amended by Act No. 10339, Jun. 4, 2010 and Act
No. 12630, May 20, 2014>
1. Name of the trade union;
2. Location of the main office/headquarters;
3. Number of union members;
4. Names and addresses of union officials;
5. Name of the associated organization to which it belongs;
6. In cases of a trade union in the form of an associated
organization, the name of its constituent organizations, the
number of union members, the address of its main office/
headquarters, and the names and addresses of its officials.

(2) A trade union which is an associated organization under

paragraph (1) means a industrial-level organization comprised of
unit trade unions in the same industry and a federation comprised
of industry-level organizations or nationwide industry-level unit
trade unions.
Article 11 (Bylaws)
In order to guarantee an autonomous and democratic operation
of the organization, a trade union shall include the following
matters in its bylaws: <Amended by Act No. 8158, Dec. 30, 2006>
1. Name of the trade union;
2. Purposes and activities;
3. Location of the main office/headquarters;
4. Matters concerning union members(matters concerning its
constituent organizations in cases of a trade union in the
form of an associated organization);
5. Name of the associated organization which it belongs to;
6. Matters concerning a council of delegates if there is any;
7. Matters concerning meetings;
8. Matters concerning the representatives or officials;
9. Matters concerning accounting, including union dues and
others;
10. Matters concerning modification of the union bylaws;
11. Matters concerning dissolution;
12. Matters concerning the disclosure of the result of a vote
on industrial action, the keeping of and access to voters'
roll and ballot papers;
13. Matters concerning impeachment of representatives or
officials for violation of the bylaws;
14. Matters concerning election of officials and delegates;
15. Matters concerning discipline and control.
Article 12 (Issuance of Certificate)
(1) The Minister of Employment and Labor, the Special City
Mayor, Metropolitan City Mayors, Special Self-Governing City
Mayors, Provincial Governors, Governors of Special Self-Governing
Provinces or heads of Sis/Guns/Gus (hereinafter referred to as
“administrative authorities”) shall issue a certificate within three
days after receiving the report on establishment under paragraph
(1) of Article 10, except for cases prescribed in paragraphs (2)
and (3). <Amended by Act No. 10339, Jun. 4, 2010 and Act No.
12630, May 20, 2014>
(2) In cases where a report or bylaws need to be supplemented
▮▮ 351
because of any omission or other reasons, the administrative

authorities shall order a supplement thereof by designating a
submission period up to twenty days in accordance with the
Presidential Decree. Upon receiving the supplemented report or
bylaws, a certificate shall be issued within three days.
(3) The administrative authorities shall return a report filed
in cases where a trade union which made the report falls under
1. Where a trade union falls within the categories of each
2. Where supplements are not submitted within the designated
period in spite of the order to supplement a report in
accordance with the provisions of paragraph (2).
(4) With regard to the issuance of a certificate, a trade union
shall be construed to have been established at the time when a
report of the establishment of the trade union was submitted.
Article 13 (Report, etc., of Modifications)
(1) A trade union shall make a report of modification to the
administrative authorities within thirty days from the date when
changes occur in any of the following matters from among the
matters reported with regard to establishment pursuant to Article
10 (1): <Amended by Act No. 6456, Mar. 28, 2001>
1. Name;
2. Location of the main office;
3. Name of the representative; and
4. Name of the associated organization to which it belongs.
(2) A trade union shall notify the administrative authorities
of the following matters by January 31st of each year. However,
this shall not apply to matters whose modification was reported
in the previous year pursuant to paragraph (1). <Amended by Act
No. 6456, Mar. 28, 2001>
1. Where bylaws were modified in the previous year, the
modified contents of the bylaws;
2. Where an union official was replaced in the previous
year, the name of the replaced union official; and
3. The number of union members as of December 31st of
the previous year (the number of union members in each
constituent organization in cases of a trade union in the
form of an associated organization).

SECTION 3
Management of Trade Union
Article 14 (Keeping, etc. of Documents)

(1) A trade union shall prepare each of the following
documents within thirty days from the date of its establishment,
and keep them at its headquarters or main offices:
1. Register of union members (the names of its constituent
organizations in cases of a trade union in the form of an
associated organization);
2. Union bylaws;
3. Names and addresses of union officials;
4. Minutes of meetings;
5. Financial records and documents.
(2) Documents stipulated in subparagraphs 4 and 5 of
paragraph (1) shall be retained for three years.
Article 15 (Holding of General Meetings)
(1) A trade union shall hold one or more general meetings
each year.
(2) The representative of a trade union shall preside over
general meetings.
Article 16 (Matters for Resolution by General Meeting)
(1) Each of the following matters shall require a resolution
adopted by the general meeting:
1. Adoption and modification of bylaws;
2. Election or discharge of union officials;
3. Collective bargaining;
4. Budgets or closing;
5. Establishment, operation, and disposition of funds;
6. Establishment, admission, and withdrawal of an associated
organization;
7. Merger, division, or dissolution;
8. Structural changes;
9. Other important matters.
(2) The general meeting shall adopt resolutions by the
affirmative vote of a majority of the members present at a
general meeting where a majority of all members are present.
However, resolutions as to the introduction and modification of
bylaws, discharge of union officials, and merger, division, dissolution
and structural change of a trade union shall be passed by the
▮▮ 353
affirmative vote of at least two-thirds of members present at a

general meeting where a majority of all members are present.
(3) Notwithstanding the provisions of paragraph (2), in an
election in which no candidate running for union official has
obtained the consent of a majority of the union members present,
a run-off election may be held and a candidate with the highest
votes may be elected in accordance with the bylaws..
(4) Resolutions as to the adoption and modification of union
bylaws, or the election and discharge of union officials shall be
made by a direct, secret, and unsigned ballot.
Article 17 (Council of Delegates)
(1) A trade union may, in accordance with its bylaws, establish
a council of delegates in lieu of a general meeting.
(2) Delegates shall be elected in a direct, secret, and unsigned
ballot by union members.
(3) The tenure of delegates shall be specified in the bylaws
of the trade union and shall not exceed three years.
(4) Where a council of delegates has been established, the
provisions on general meetings shall be applied mutatis mutandis.
Article 18 (Calling of Extraordinary General Meetings, etc.)
(1) The representative of a trade union may, if he/she
deems necessary, convene an extraordinary general meeting or
council of delegates.
(2) The representative of a trade union shall convene, without
delay, an extraordinary general meeting or a council of delegates
in cases where more than a third of the union members or
delegates bring the matters to be referred to meetings, and require
a call of meetings (in cases of a trade union in the form of an
associated organization, more than one third of its constituent
organizations).
(3) Where a representative of a trade union deliberately neglects
or avoids the convening of the general meeting provided in
paragraph (2), and a request is made by one third or more of
the union members to appoint a convener of the meeting, the
administrative authorities shall ask the Labor Relations Commission
to adopt a resolution within fifteen days, and upon adoption of
such resolution by the Labor Relations Commission, immediately
appoint a person to convene the meeting.
(4) Where there is no person entitled to convene a general
meeting or a council of delegates, if one third or more of the
union members or delegates bring matters to be referred to the

meeting, and submit a request to appoint a person to convene

the meeting, the administrative authorities shall appoint a
person within fifteen days of such request.
Article 19 (Procedure for Calling Meeting)
A general meeting or council of delegates shall give public
notice of matters to be discussed at least seven days prior to
the commencement date of such meeting or council, and shall
convenesuch meeting or council pursuant to the methods
prescribed by the bylaws. However, the notification period may
be reduced in accordance with the bylaws of a trade union in
cases where a trade union is composed of workers in the same
workplace.
Article 20 (Special Provision as to Voting Rights)
In cases where a trade union is to make a resolution on
matters regarding a particular union member, that union member
shall have no right to partake in the vote.
Article 21 (Correction of Bylaws, Resolution and Measures)
(1) The administrative authorities may, with the resolution
of the Labor Relations Commission, order the correction of the
bylaws of a trade union which are in conflict with any
labor-related Act or subordinate statute.
(2) The administrative authorities may, with the resolution
of the Labor Relations Commission, order the correction of a
resolution or measure by a trade union, which is deemed to be
in conflict with any labor-related Act or subordinate statute and
the union bylaws: Provided that in cases of a violation of
bylaws, a corrective order shall be made only by the application
of the interested party.
(3) A trade union which receives a corrective order under
paragraph (1) or (2) shall comply with the order within thirty
days: Provided that the period may be extended if there is a
justifiable reason.
Article 22 (Rights and Duties of Union Members)
Every union member has equal rights and duties to participate
in all affairs of the trade union. However, a trade union may
restrict, under union bylaws, the rights of those members who
do not pay union dues.
Article 23 (Election of Union Officials, etc.)
(1) Union officials shall be elected from among the union
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members.
(2) The tenure of union officials shall be determined by the
union bylaws, and shall not exceed three years.
Article 24 (Full-time Official of Trade Union)
(1) A worker may perform duties only for a trade union,
without providing the services specified in his/her employment
contract, if it is stipulated in the collective bargaining agreement
or consented by the employer.
(2) A person who is engaged in duties only for a trade union
in accordance with paragraph (1) (hereinafter referred to as
“full-time official”) shall not be remunerated in any way by the
employer for the duration of his/her tenure.
(3) An employer shall not restrict legitimate union activities by
a full-time union official. <Amended by Act No. 9930, Jan. 1, 2010>
(4) Notwithstanding paragraph (2), a worker may take time
off from work to carry out the functions prescribed by this Act
or other Acts, including consultation and bargaining with the
employer, grievance handling and occupational safety activities,
and the functions of maintaining and managing the trade union
for the sound development of industrial relations without any
loss of wages as long as he/she does not exceed the maximum
time-off limit (hereinafter referred to as “the maximum time-off
limit”) set in consideration of the number of union members,
etc., in each business or workplace in accordance with Article
24-2, if it is stipulated in the collective agreement or consented
by the employer. <Amended by Act No. 9930, Jan. 1, 2010>
(5) A trade union shall not demand the payment of wages
in violation of paragraphs (2) and (4) and take industrial action
to achieve such a goal. <Amended by Act No. 9930, Jan. 1, 2010>
Article 24-2 (Time-off System Deliberation Committee)
(1) In order to set the maximum time-off limit, the Time-off
System Deliberation Committee (hereinafter referred to as “the
Committee” in this Article) shall be set up in the Ministry of
(2) The maximum time-off limit shall be announced by the
Minister of Employment and Labor according to the results of
deliberation and decision by the Committee, and may be decided
anew every three years after re-deliberation on whether it is
adequate or not. <Amended by Act No. 10339, Jun. 4, 2010>
(3) The Committee shall be composed of five members
recommended by labor circles, five members recommended by

business circles, and five public interest members recommended

by the government.
(4) The chairperson shall be elected by the Committee from
among the public interest members.
(5) Decisions of the Committee shall require the attendance
of a majority of all members and the approval of a majority of
the members present.
(6) Necessary matters concerning the qualifications and
appointment of members, the operation of the Committee, etc.,
Article 25 (Auditing of Account Records)
(1) The representative of a trade union shall have an auditor
conduct, at least once every six month, an audit of all of financial
resources of a trade union, purposes of the financial resources,
names of major contributors and current financial and accounting
status, and shall disclose the results of audit to all the union
members.
(2) The auditor of a trade union may, if necessary, conduct
an audit of the trade union, and disclose the results of the audit.
Article 26 (Disclosure of Status of Operation)
The representative of a trade union shall notify union
members of the financial closing and the status of operation each
fiscal year, and have them available for inspection when union
members so request.
Article 27 (Presentation of Materials)
A trade union shall report the outcome of financial closing,
and the status of operation upon request of the administrative
authorities.
SECTION 4
Dissolution of Trade Union
Article 28 (Cause for Dissolution)

(1) A trade union shall be dissolved if it falls under any of
the following subparagraphs:
1. Occurrence of causes for dissolution prescribed by its
bylaws;
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2. Dissolution due to merger or division;

3. Dissolution by a resolution adopted by a general meeting
or council of delegates;
4. Dissolution by the administrative authorities with the
resolution of the Labor Relations Commission when the
trade union has no officials and has not carried out any
activity for more than one year.
(2) If a trade union is dissolved on the grounds specified in
subparagraphs 1 to 3 of paragraph (1), the representative of the
trade union shall report it to the administrative authorities
within fifteen days from the date of dissolution.
CHAPTER Ⅲ
Collective Bargaining and Collective Agreement
Article 29 (Authority of Bargaining and Making Agreements)

(1) The representative of a trade union has the authority to
bargain with the employer or employers' association, and to
make a collective agreement for the trade union and its members.
(2) The bargaining representative trade union (hereinafter
referred to as “the bargaining representative union”) determined
pursuant to Article 29-2 shall have the authority to conduct
bargaining and conclude a collective agreement with the employer
on behalf of all trade unions or union members that demand
bargaining. <Amended by Act No. 9930, Jan. 1, 2010>
(3) Any person who has been authorized by a trade union
or by an employer or an employers' association to bargain and
to make a collective agreement may exercise his/her power
within the scope of the authority which the trade union, or
employer or employers'　 association has granted. <Amended by
Act No. 9930, Jan. 1, 2010>
(4) In cases where a trade union, or an employer or an
employers'　association delegates the authority to conduct bargaining
or to conclude a collective agreement in accordance with
paragraph (3), it shall notify it to the other party. <Amended by
Act No. 9930, Jan. 1, 2010>
Article 29-2 (Procedure for Determining Bargaining Representative
Union)

(1) If there are two trade unions or more which are established
or joined by workers in a business or workplace regardless of
type of organization, the trade unions shall determine the
bargaining representative union (including the bargaining
representative body composed of members of two different trade
unions or more; hereinafter the same shall apply) and then
demand bargaining: Provided that this shall not apply if the
employer consents not to undergo the procedure for determining
the bargaining representative union channel prescribed in this Article
within the period during which the bargaining representative
union can be determined autonomously.
(2) All trade unions participating in the procedure for
determining the bargaining representative union shall autonomously
determine the bargaining representative union within the period
(3) If the bargaining representative union is not determined
within the period referred to in paragraph (2) and the consent
referred to in the provision of paragraph (1) is not obtained from
the employer, the trade union (including the case where two trade
unions or more, between them, have a majority of the members
of all trade unions participating in the procedure for determining
the bargaining representative union by delegating authority,
uniting themselves together, etc.) composed of a majority of the
members of all trade unions participating in the procedure for
determining the bargaining representative union shall become
the bargaining representative union.
(4) All trade unions participating in the procedure for determining
the bargaining representative union, if failing to determine the
bargaining representative union pursuant to paragraphs (2) and (3),
shall jointly organize a bargaining representative team (hereinafter
referred to as "joint bargaining representative team") and then
conduct bargaining with the employer. In such cases, a trade
union eligible to participate in the joint bargaining representative
team shall be the one whose members make up not less than
10/100 of the members of all trade unions participating in the
procedure for determining the bargaining representative union.
(5) If agreement fails to be reached on the organization of
the joint bargaining representative team, the Labor Relations
Commission may decide in consideration of the proportions of
union members at the request of the trade union concerned.
(6) If any objection is raised to the fact of demanding
bargaining, the number of union members, etc., in determining
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the bargaining representative union pursuant to paragraphs (1)

through (4), the Labor Relations Commission may make a
decision on such an objection at the request of the trade union,
(7) Article 69 and Article 70 (2) shall apply mutatis mutandis
to the procedure for appeal against a decision made by the
Labor Relations Commission pursuant to paragraphs (5) and (6)
and the effect of such a decision.
(8) Necessary matters concerning the procedure for determining
the bargaining representative union, including the method by
which a trade union demands and participates in bargaining
and the standards for calculating the number of union members
to determine the bargaining representative union, the prevention
of an increase in bargaining costs, and so on shall be prescribed
Article 29-3 (Decision on Bargaining Unit)
(1) The unit (hereinafter referred to as “the bargaining unit”)
at which the bargaining representative union shall be determined
pursuant to Article 29-2 shall be a business or workplace.
(2) Notwithstanding paragraph (1), if it is deemed necessary
to divide the bargaining unit given the considerable disparity in
working conditions, employment status, bargaining practices, etc.,
in a business or workplace, the Labor Relations Commission
may decide to divide the bargaining unit at the request of either
or both of the parties to the labor relationship.
(3) Article 69 and Article 70 (2) shall apply mutatis mutandis
to the procedure for appeal against a decision made by the
Labor Relations Commission pursuant to paragraph (2) and the
effect of such a decision.
(4) Necessary matters concerning requests to divide the bargaining
unit, the standards and procedure for decision- making by the
Labor Relations Commission and so on shall be prescribed by
Article 29-4 (Duty of Fair Representation, etc.)
(1) The bargaining representative union and employer shall
not discriminate against trade unions participating in the procedure
for determining the bargaining representative union or their
members without any reasonable grounds.
(2) If the bargaining representative union and employer

engage in discrimination in violation of paragraph (1), the trade

union may request the Labor Relations Commission to redress
such discrimination within three months from the date on
which the act is committed (referring to the date of signing of
the collective agreement, in cases where all or part of the
collective agreement violates paragraph (1)) in accordance with
the method and procedure prescribed by the Presidential Decree.
(3) With regard to the request referred to in paragraph (2),
if the Labor Relations Commission recognizes that there has
been discrimination without any reasonable grounds, it shall issue
an order necessary for redressing such discrimination.
(4) Article 85 and Article 86 shall apply mutatis mutandis to
the procedure for appeal against an order or decision rendered
by the Labor Relations Commission pursuant to paragraph (3),
and so on.
Article 29-5 (Other Matters Relating to Determination of Bargaining
Representative Union)
If the bargaining representative union exists, “trade union”
in subparagraph 5 of Article 2, Article 29 (3) and (4), Article 30,
Article 37 (2), Article 38 (3), Article 42-6 (1), Article 44 (2),
Article 46 (1), Article 55 (3), Article 72 (3) and subparagraph 3
of Article 81 shall be read as “bargaining representative union”.
Article 30 (Principle of Bargaining)
(1) A trade union and an employer or an employers'　
association shall bargain with each other in good faith and
sincerity and make a collective agreement, and shall not abuse
their authority.
(2) A trade union and an employer or an employers'　
association shall not refuse or delay, without just causes, bargaining
or concluding a collective agreement.
Article 31 (Drawing up of Collective Agreement)
(1) A collective agreement shall be prepared in writing, and
both parties concerned shall sign or affix their seals thereto.
(2) The parties to a collective agreement shall report the collective
agreement to the administrative authorities within fifteen days
after the date of conclusion thereof.
(3) If any provision of a collective agreement is unlawful,
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the administrative authorities may, with the resolution of the

Labor Relations Commission, order the correction thereof.
Article 32 (Valid Term of Collective Agreement)
(1) No collective agreement shall have a valid term exceeding
two years.
(2) If a collective agreement does not specify a valid term or
has a valid term exceeding the period stipulated in paragraph
(1), the valid term shall be two years.
(3) Unless otherwise provided in a separate agreement, if no
new collective agreement is concluded by the expiry date of the
existing agreement even though the parties have continuously
engaged in collective bargaining before and after the expiry
date, the existing collective agreement shall remain effective for
up to three months after its expiry date. If no conclusion is
made on a new collective agreement after the expiration of the
extended effective term, the existing agreement shall be applicable
only if the existing agreement specifically provides that it shall
remain in effect until a new collective agreement is concluded,
provided, however, that any one party concerned may terminate
the collective agreement by giving notice to the other party six
months in advance. <Amended by Act No. 5511, Feb. 20, 1998>
Article 33 (Validity of Terms and Conditions)
(1) Part of the rules of employment or contract of employment
which violates the standards concerning working conditions and
other treatment of workers specified in collective agreement
shall be null and void.
(2) Matters which are not stipulated by a contract of employment,
and what has been invalidated by paragraph (1), shall be
governed by the terms and conditions of collective agreement.
Article 34 (Interpretation of Collective Agreement)
(1) If the parties do not reach an agreement on interpretation
or implementation of the collective agreement, one or both of
the parties to the collective agreement may ask the Labor Relations
Commission for its opinion about the disputed interpretation or
implementation.
(2) The Labor Relations Commission shall give its clear view
on the requested matter under paragraph (1) within thirty days
after the receipt of such request.
(3) The opinions of the Labor Relations Commission regarding
the interpretation or implementation rendered under paragraph
(2) shall have the same effect as that of an arbitrated judgment.

Article 35 (General Binding Force)

Where a collective agreement applies to at least half of the
ordinary number of workers performing the same kind of job
and employed in a single business or a workplace, it shall also
apply to other workers performing the same kind of job and
employed in the same business or workplace.
Article 36 (Geographical Binding Force)
(1) Where more than two-thirds of the workers performing
the same kind of job and employed in the same area are subject
to the application of one collective agreement, the administrative
authorities may, with the resolution of the Labor Relations
Commission, and upon the request of one or both parties to the
collective agreement or by its own authority, make a decision
that such collective agreement shall apply to other workers
performing the same kind of job and employed in the same
area, as well as to their employers.
(2) The administrative authorities shall notify, without delay,
the decision made under paragraph (1).
CHAPTER Ⅳ
Industrial Action
Article 37 (Basic Principles of Industrial Action)

(1) No industrial action, in its purposes, methods, and processes,
shall violate legislations and public order.
(2) Union members shall not take part in any industrial action
which is not led by a trade union.
Article 38 (Guidance and Responsibility of Trade Union)
(1) No industrial action shall be conducted in ways of obstructing
or interrupting entry to the premises, work and other normal
services by individuals who are not related to the disputes or
want to provide work, and no violence or threat shall be used to
induce workers and individuals into participating in industrial
action.
(2) During a period of industrial action, works to prevent
damage to operational equipments, or to prevent impairment or
deterioration of raw materials or manufactured goods, shall be
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conducted normally.
(3) A trade union shall have the responsibility to direct,
manage, and supervise industrial action to be conducted in
compliance with the related laws.
Article 39 (Restriction on Detention of Workers)
Except as a criminal caught in the act of committing a
crime, no workers shall be detained for violation of this Act
during a period of industrial action.
Article 40 Deleted. <Act No. 8158, Dec. 30, 2006>
Article 41 (Restriction on and Prohibition of Industrial Action)
(1) No industrial action by a trade union shall be conducted
unless a majority of union members have decided in favor of
taking industrial action by a direct, secret, and unsigned ballot.
If the bargaining representative union has been determined, no
industrial action shall be taken unless a majority of the members
of all the trade union (limited to union members belonging to
the business or workplace concerned) involved in the process
have decided in favor of taking industrial action by a direct, secret
and unsigned ballot. <Amended by Act No. 9930, Jan. 1, 2010>
(2) No industrial action shall be taken by those workers
who are engaged in major defense businesses subject to the
Defense Business Act, and by those who are involved in electricity,
water or a business which produces mainly defense goods. The
scope of workers who are engaged in a business which produces
mainly defense goods shall be prescribed by the Presidential
Decree. <Amended by Act No. 7845, Jan. 2, 2006>
Article 42 (Prohibition of Acts of Violence, etc.)
(1) No industrial action shall take the form of violence or
destruction, or occupation of facilities related to production or
other important businesses or such equivalent facilities as
(2) No industrial action shall be conducted to stop, close, or
interrupt the normal maintenance and operation of security
facilities of a workplace.
(3) If the administrative authorities determines that any
industrial action falls under paragraph (2), it shall serve notice
that such action cease and desist, upon the resolution of the
Labor Relations Commission. If, however, there is not enough
time to seek such resolution from the Labor Relations Commission,
it may service notice to cease and desist such action immediately

without waiting for the resolution of the Labor Relations

Commission. <Amended by Act No. 8158, Dec. 30, 2006>
(4) In the case of the proviso of paragraph (3), the
administrative authorities shall obtain approval from the Labor
Relations Commission, ex post facto and without delay. If the
administrative authorities fail to obtain such approval, the notice
shall lose its effect from that moment. <Amended by Act No.
8158, Dec. 30, 2006>
Article 42-2 (Restrictions on Industrial Action in Minimum Services
to Be Maintained)
(1) The term “minimum services to be maintained” in this
Act refers to those services among essential public services
prescribed in Article 71 (2), which, if suspended or discontinued,
could remarkably endanger the lives, health, physical safety or
daily life of the public and are prescribed by the Presidential Decree.
(2) No act of stopping, discontinuing or obstructing the
proper maintenance and operation of the minimum services to be
maintained shall be carried out as legitimate industrial action.
<This Article Newly inserted by Act No. 8158, Dec. 30, 2006>
Article 42-3 (Agreement on Minimum Services to Be Maintained)
The parties in labor relations shall conclude an agreement
(hereinafter referred to as “agreement on minimum services to
be maintained”) in writing that stipulates the levels of minimum
services to be maintained and provided, the specific work
designated as minimum services, the necessary number of workers,
etc., in order to ensure the proper maintenance and operation
of the minimum services during a period of industrial action. In
such cases, both parties shall sign or seal the agreement on
minimum services to be maintained.
Article 42-4 (Decision on Maintenance and Levels of Operation of
Minimum Services to Be Maintained)
(1) If an agreement on minimum services to be maintained
is not concluded, both or either of the parties in labor relations
shall make an application for the Labor Relations Commission
to decide the levels of minimum services to be maintained and
operated, the specific work designated as minimum services, the
necessary number of workers, etc.
(2) The Labor Relations Commission, receiving the application
under paragraph (1), may decide the levels of minimum services
to be maintained and operated, the specific work designated as
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minimum services, the necessary number of workers, etc., taking

into account the characteristics, contents, etc., of the minimum
services according to business or workplace.
(3) The Special Mediation Committee under Article 72 shall
take charge of implementing the decision made by the Labor
Relations Commission pursuant to paragraph (2).
(4) If there is a difference of opinion between the parties
concerned over interpretation or implementation of the decision
made by the Labor Relations Commission pursuant to paragraph
(2), the parties shall follow the interpretation of the Special
Mediation Committee. In such cases, the interpretation of the
Special Mediation Committee shall have the same effect as the
decision made by the Labor Relations Commission pursuant to
paragraph (2).
(5) With regard to the procedure to raise an objection to the
decision of the Labor Relations Commission under paragraph (2)
and the effect of the decision, the provisions of Articles 69 and
70 (2) shall apply mutatis mutandis thereto.
Article 42-5 (Industrial Action by Decision of Labor Relations Commission)
If the Labor Relations Commission makes a decision pursuant
to Article 42-4 (2) and industrial action is taken in accordance
with that decision, the industrial action shall be deemed to have
been taken while duly maintaining and operating the minimum
services to be maintained.
Article 42-6 (Designation of Workers for Minimum Services to Be
Maintained)
(1) If an agreement on minimum services to be maintained
is in place or a decision is made by the Labor Relations
Commission pursuant to Article 42-4 (2), the trade union shall
notify the employer of its members, among those engaged in
minimum services, who will work during a period of industrial
action, and the employer shall designate workers accordingly
and notify the trade union and the designated workers of this.
However, if the trade union fails to make such notification prior
to the commencement of the industrial action, the employer shall
designate workers who will work to provide minimum services
to be maintained and shall notify the trade union and the
workers of the same. <Amended by Act No. 9930, Jan. 1, 2010>
(2) In making a notification and designation pursuant to

paragraph (1), the trade union and employer, if there are two
trade unions or more which are composed of workers engaged
in minimum services to be maintained, shall give consideration
to the proportion of members of each trade union, who are
engaged in such minimum services. <Newly Inserted by Act No.
9930, Jan. 1, 2010>
Article 43 (Restriction on Hiring by Employer)
(1) No employer shall hire persons who are not related to
their business operations, or use replacements during a period
of industrial action so as to continue works which have been
stopped by industrial actions.
(2) No employer shall, during a period of industrial action,
contract or subcontract out work which has been suspended
because of the industrial action concerned.
(3) The provisions of paragraphs (1) and (2) shall not apply
to the employer of essential public services who hires persons
unrelated to the business concerned or use replacements, or
contract or subcontract out the work only during a period of
industrial action. <Newly inserted by Act No. 8158, Dec. 31, 2006>
(4) In the case of paragraph (3), an employer may hire or
use replacements or contract or subcontract out the work as
long as the proportion of the replacement workers do not
exceed 50/100 of strike participants of the business or workplace
concerned. In such cases, method to calculate the number of
strike participants, etc., shall be prescribed in the Presidential
Decree. <Newly inserted by Act No. 8158, Dec. 30, 2006>
Article 44 (Prohibition of Demands for Wage Payment during
Industrial Action)
(1) Employers shall have no obligation to pay wages during
a period of industrial action to workers who did not provide
labor because of their participation in industrial action.
(2) No trade unions shall take industrial action in order to
demand and achieve wage payment for the period of industrial
action.
Article 45 (Mediation before Industrial Action)
(1) Upon occurrence of a labor dispute, one of the parties in
labor relations shall notify it to the other in writing.
(2) No industrial action shall be taken without first undergoing
mediation procedures (excluding mediation procedures that come
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after the decision to end the mediation is made pursuant to

Article 61-2) under the provisions of Sections 2 through 4 of Chapter
V. This paragraph shall not apply when mediation procedures
do not finish within the period prescribed in Article 54, or
when the arbitration ruling is not made within the period
prescribed in Article 63. <Amended by Act No. 8158, Dec. 30, 2006>
Article 46 (Requirements for Lock-out of Workplace)
(1) An employer may execute a lock-out of the workplace
only after its trade union commences industrial action.
(2) In cases of a lock-out under paragraph (1), an employer
shall report it in advance to the administrative authorities and
the Labor Relations Commission.
CHAPTER Ⅴ
Mediation of Labor Disputes
SECTION 1
General Provisions
Article 47 (Efforts for Voluntary Adjustment)

No provisions of this Act shall be construed to prevent the
parties to labor relations from taking part in deciding labor related
matters including, but not limited to, working conditions, or from
making every effort to resolve disputes or differences arising
from labor relations, through labor-management consultation or
by collective bargaining.
Article 48 (Obligation of Parties)
The parties to labor relations shall stipulate in their collective
agreement the procedures and methods for labor-management
consultation or other collective bargaining means to maintain
the reasonable labor relations, and shall make every effort to
resolve labor disputes by themselves when such disputes arise.
Article 49 (Obligation of Government, etc.)
The Government and local self-governing bodies, when the

parties are unable to reach an agreement on their labor relations,

shall make every effort to prevent industrial actions from taking
place and to resolve labor disputes rapidly and fairly by helping
the relevant parties to industrial relations settle differences on
their own.
Article 50 (Expedient Proceedings)
The parties to labor relations, the Labor Relations Commission
and other relevant institutions shall make best efforts to provide
expeditious means for the settlement when the labor disputes
need to be mediated pursuant to this Act.
Article 51 (Priority Given to Public Services, etc.)
Labor disputes related to the Government, local self- governing
bodies, state or public corporations, defense industries, and public
services shall be given priority and dealt with expeditiously.
Article 52 (Private Mediation or Arbitration)
(1) The provisions of Sections 2 and 3 shall not be construed
to prevent the parties to labor relations from settling labor
disputes through other means of mediation or arbitration
(hereinafter referred to as “private mediation, etc.”) pursuant to
a mutual agreement or collective agreement. <Amended by Act
No. 8158, Dec. 30, 2006>
(2) When the parties to labor relations have agreed to resolve
labor disputes pursuant to paragraph (1), they shall report it to
the Labor Relations Commission.
(3) When labor disputes are to be resolved in accordance with
paragraph (1), each of the following subparagraphs shall apply:
1. With respect to resolutions by means of mediation, the
provisions of Articles 45 (2) and 54 shall apply. In such
cases, a period of mediation shall begin from the date of
commencement of such mediation;
2. With respect to resolutions by means of arbitration, the
provisions of Article 63 shall apply. In such cases, a
prohibition period of industrial actions shall begin with
the date of commencement of arbitration.
(4) An agreement made by means of mediation or arbitration
under paragraph (1) shall have the same effect as that of a
collective agreement.
(5) Persons who conduct private mediation, etc., shall be
those who meet the qualification requirements described in each
item of Article 8 (2) 2 of the Labor Relations Commission Act.
In such cases, the person who conducts private mediation, etc.,
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may receive service fees, allowances and travel expenses from

the parties concerned. <Newly inserted by Act No. 8158, Dec. 30,
2006>
SECTION 2
Mediation
Article 53 (Commencement of Mediation)

(1) The Labor Relations Commission shall conduct the
proceedings of mediation, without any delay, when one of the
parties to labor relations submits a request for mediation to the
Labor Relations Commission. The parties concerned shall undertake
in good faith the proceedings of mediation.
(2) The Labor Relations Commission may assist the parties
concerned to settle their dispute autonomously and efficiently by,
among other things, arranging negotiation prior to the request
for mediation made pursuant to paragraph (1). <Newly inserted
by Act No. 8158, Dec. 31, 2006>
Article 54 (Period of Mediation)
(1) Mediation shall be completed within ten days in the case
of general businesses, and fifteen days in the case of public
services, after the request is made for mediation pursuant to
Article 53.
(2) The parties concerned may agree to extend a period
of mediation under paragraph (1) up to ten days in the case of
general businesses, and fifteen days in the case of public services.
Article 55 (Composition of Mediation Committee)
(1) A Mediation Committee shall be established within the
Labor Relations Commission for purpose of mediation of labor
disputes.
(2) The Mediation Committee under paragraph (1) shall be
composed of three mediation members.
(3) The mediation members under paragraph (2) shall be
designated by the Chairperson of the Labor Relations Commission
from among members of the Labor Relations Commission
concerned so that each member can represent employers, workers,
and public interest. The member representing workers shall be
designated from the members recommended by the employer,
and the member representing employers shall be designated

from the members recommended by the trade union. However,

in cases where a list of members who have been recommended
by the parties concerned is not submitted within three days
prior to a meeting of the Mediation Committee, the Chairperson
may designate the members.
(4) If it presents an undue hardship to organize the Mediation
Committee pursuant to paragraph (3) due to the fact that either
the member representing workers or the member representing
employers fails to participate, the Chairperson of the Labor Relations
Commission may designate three members, from among members
of the Commission who represent public interest, as the mediation
members, except where there is a member of the Labor Relations
Commission, selected based on agreement between both parties,
the member shall be designated as a mediation member. <Newly
Inserted by Act No. 8158, Dec. 30, 2006>
Article 56 (Chairperson of Mediation Committee)
(1) There shall be a chairperson in the Mediation Committee.
(2) The Chairperson shall be the mediation member representing
public interest, except that the Chairperson of the Mediation
Committee organized pursuant to Article 55 (4) shall be elected
by mutual voting of the Mediation Committee. <Amended by Act
No. 8158, Dec. 30, 2006>
Article 57 (Mediation by Single Mediator)
(1) The Labor Relations Commission may authorize a single
mediator to conduct mediation proceedings in lieu of the
Mediation Committee at the request or with the agreement of
both of the parties concerned.
(2) The single mediator under paragraph (1) shall be designated
by the Chairperson of the Labor Relations Commission from
among the members of the Labor Relations Commission who
have been agreed upon by the parties involved.
Article 58 (Verification of Claims, etc.)
The Mediation Committee or the single mediator, as the case
may be, shall designate a specific date for the parties concerned to
appear so as to verify the main points of their respective claims.
Article 59 (Restriction on Attendance)
The Chairperson of the Mediation Committee or the single
mediator, as the case may be, may restrict the attendance of
persons other than the parties concerned and witnesses for the
hearing.
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Article 60 (Preparation of Mediation Proposal)

(1) The Mediation Committee or the single mediator, as the
case may be, shall prepare a mediation proposal to be presented
to the parties concerned, with recommendation for their acceptance,
may simultaneously publish it along with the reasons, and if
necessary, may request cooperation of the press or broadcasting
media for reporting.
(2) If the Mediation Committee or the single mediator, as
the case may be, determines that further proceedings of the
mediation is not warranted due to the parties' refusal to accept
the mediation proposal, it shall decide to terminate the mediation
procedure and notify the decision to the parties concerned.
(3) If the parties concerned, after accepting the mediation
proposal in accordance with paragraph (1), do not agree on any
of the interpretation or implementation measures of the proposal,
they shall request the Mediation Committee or the single mediator,
as the case may be, to provide a clear opinion on the interpretation
or implementation measures.
(4) Upon receiving the request made pursuant to paragraph
(3), the Mediation Committee or the single mediator, as the case
may be, shall render a clear opinion within seven days of the
date of receipt of such request.
(5) No parties concerned shall conduct industrial actions with
regard to the interpretation or implementation of the mediation
proposal concerned, until the opinion on the interpretation or
implementation measures is rendered in accordance with
paragraphs (3) and (4).
Article 61 (Effect of Mediation)
(1) If the parties have accepted the mediation proposal referred
to in paragraph (1) of Article 60, all members of the Mediation
Committee or the single mediator, as the case may be, shall
prepare a mediated agreement in writing, and sign or seal it
together with the parties concerned. <Amended by Act No. 8158,
Dec. 30, 2006>
(2) The contents of the mediated agreement shall have the
same effect as a collective agreement.
(3) The opinion on the interpretation and implementation
measures which have been rendered by the Mediation Committee
or the single mediator, as the case may be, in accordance with
paragraph (4) of Article 60 shall have the same effect as an
arbitration ruling.

Article 61-2 (Mediation after Decision Made to End Mediation)

(1) The Labor Relations Commission may conduct mediation
to settle a labor dispute even after the decision to end mediation
is made pursuant to Article 60 (2).
(2) The provisions of Articles 55 through 61 shall apply
mutatis mutandis to the mediation prescribed in paragraph (1).
SECTION 3
Arbitration
Article 62 (Commencement of Arbitration)

The Labor Relations Commission shall conduct arbitration in
any of the following cases:
1. Where a request for arbitration is made by both of the
parties concerned; or
2. Where a request for arbitration is made by one of the
parties in accordance with the provisions of a collective
agreement
3. Deleted. <Act No. 8158, Dec. 30, 2006>
Article 63 (Prohibition of Industrial Action during Period of Arbitration)
Industrial actions shall not be conducted for fifteen days
from the date when labor disputes have been referred to arbitration.
Article 64 (Composition of Arbitration Committee)
(1) An Arbitration Committee shall be established within the
Labor Relations Commission for the arbitration or review of labor
disputes.
(2) The Arbitration Committee under paragraph (1) shall be
composed of three members.
(3) The arbitration members under paragraph (2) shall be
designated by the Chairperson of the Labor Relations Commission
from among those who represent public interest in the Labor
Relations Commission and are mutually agreed upon by both
parties. In cases where the parties do not reach an agreement,
the arbitration members shall be designated from members of
the Labor Relations Commission who represent public interest.
Article 65 (Chairperson of Arbitration Committee)
(1) There shall be a chairperson in the Arbitration Committee.
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(2) The Chairperson shall be elected by mutual voting

among members of the Arbitration Committee.
Article 66 (Verification of Claims, etc.)
(1) The Arbitration Committee shall designate a specific date
for both or one of the parties concerned to appear so as to
verify the main points of their respective claims.
(2) With the consent of the Arbitration Committee, members
of the Labor Relations Commission representing employers or
workers who are designated by the parties concerned may
attend an arbitration meeting to testify their opinion.
Article 67 (Restriction on Attendance)
The Chairperson of the Arbitration Committee may restrict
the attendance of persons other than the parties concerned and
witnesses for the hearing.
Article 68 (Arbitration Ruling)
(1) The arbitration ruling shall be made in writing and the
effective date shall be clearly stated therein.
(2) If the parties concerned do not agree on the interpretation
or implementation measures of the arbitration ruling under
paragraph (1), the interpretation by the Arbitration Committee
concerned shall prevail and have the same effect as that of an
arbitration ruling.
Article 69 (Finalization of Arbitration Ruling, etc.)
(1) If the party concerned considers that an arbitration
ruling rendered by the Regional Labor Relations Commission or
Special Labor Relations Commission violates law or is an act
beyond its authority, he/she may apply for review of the case
to the National Labor Relations Commission within ten days of
the date of receipt of the arbitration ruling.
(2) Notwithstanding the provisions of Article 20 of the
Administrative Litigation Act, if the party concerned considers
that an arbitration ruling rendered by the National Labor Relations
Commission or a decision on review in accordance with paragraph
(1) violates law or is an act beyond its authority, he/she may
bring an administrative suit within fifteen days of the date of
receipt of an arbitration ruling or decision on review.
(3) When a request for review has not been made, or an
administrative suit has not been brought within the designated
period under paragraphs (1) and (2), the arbitration ruling or
decision on review shall be final.

(4) When an arbitration ruling or a decision on review has

been finalized in accordance with the provisions of paragraph
(3), the parties concerned shall comply therewith.
Article 70 (Effect of Arbitration Ruling, etc.)
(1) The contents of the arbitration ruling rendered pursuant to
Article 68 (1) shall have the same effect as a collective agreement.
(2) The effect of the arbitration ruling or review decision
rendered by the Labor Relations Commission shall not be
suspended by any application for review filed with the National
Labor Relations Commission pursuant to Article 69 (1) or any
administrative lawsuit filed pursuant to Article 69 (2)
<Amended in its entirety by Act No. 8158, Dec. 30, 2006>
SECTION 4
Special Provisions for the Mediation of Labor

Disputes in Public Services
Article 71 (Scope of Public Services, etc.)

(1) “Public service” under this Act means a service described
in each of the following subparagraphs, which is indispensable
to daily lives of the general public or has great influence on
the national economy: <Amended by Act No. 8158, Dec. 30, 2006>
1. Regular line public transportation services;
2. Water, electricity, gas supply, oil refinery and supply services;
3. Public health and medical services and blood supply services;
4. Banking and mint services;
5. Broadcasting and telecommunication services.
(2) "Essential public service" under this Act means each service
described in the following subparagraphs, which falls within the
category of public services under paragraph (1) and whose
stoppages and discontinuance may endanger daily lives of the
general public, or may undermine the national economy considerably,
and whose replacement presents a hardship: <Amended by Act
No. 8158, Dec. 30, 2006>
1. Railway services, urban railway services, and air transport
services;
2. Water, electricity, gas supply, oil refinery and supply services;
3. Hospital and blood supply services;
4. Bank of Korea;
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5. Telecommunication services.
Article 72 (Composition of Special Mediation Committee)
(1) A Special Mediation Committee shall be established
within the Labor Relations Commission for the mediation of
labor disputes in public services.
(2) The Special Mediation Committee under paragraph (1)
shall be composed of three members.
(3) The members of the Special Mediation Committee under
paragraph (2) shall be designated by the Chairperson of the
Labor Relations Commission from among four to six members
of the Labor Relations Commission who represent public interest
and have not been excluded by the trade union or by the
employer, after completion of rounds of selection by exclusion.
However, in cases where the parties concerned agree to
recommend those who are not the members of the Labor Relations
Commission concerned, those non-members shall be designated.
Article 73 (Chairperson of Special Mediation Committee)
(1) There shall be a chairperson in the Special Mediation
Committee.
(2) The Chairperson shall be elected by mutual voting among
the members of the Special Mediation Committee who are the
members of the Labor Relations Commission representing public
interest. If the Special Mediation Committee is composed soley
of only members not from the Labor Relations Commission,
then the Chairperson shall elected by mutual voting among the
members. However, in cases where there is only one member
representing public interest in the Special Mediation Committee,
that member shall be the Chairperson.
SECTION 5
Emergency Adjustment
Article 76 (Decision of Emergency Adjustment)

(1) The Minister of Employment and Labor may make a
decision to conduct an emergency adjustment when a labor

dispute is related to public services, of the vast extent, or of

specific character; and there is a danger of impairing the
national economy or the daily lives of the general public.
(2) The Minister of Employment and Labor shall consult
with the Chairperson of the National Labor Relations Commission
prior to making a decision for an emergency adjustment.
(3) When the Minister of Employment and Labor decides to
conduct the emergency adjustment under paragraphs (1) and (2),
he shall publicize, without any delay, his decision along with
reasons and shall simultaneously notify the decision to each of
the parties concerned as well as the National Labor Relations
Commission. <Amended by Act No. 10339, Jun. 4, 2010>
Article 77 (Suspension of Industrial Action during Emergency
Adjustment)
The parties concerned shall suspend any industrial action
immediately when the decision of emergency adjustment is
publicized in accordance with paragraph (3) of Article 76, and
shall not resume industrial action within thirty days of the date
of publication of the decision.
Article 78 (Mediation by National Labor Relations Commission)
The National Labor Relations Commission shall commence,
without delay, the procedure of mediation, when it has been
notified in accordance with paragraph (3) of Article 76.
Article 79 (National Labor Relations Commission's Right to Refer
Disputes to Arbitration)
(1) The Chairperson of the National Labor Relations Commission
shall, in consultation with its members representing public interest,
determine whether the case shall be referred to arbitration, if the
mediation provided in Article 78 is not likely to be concluded.
(2) The decision under paragraph (1) shall be made within
fifteen days of the date of receipt of the notification made in
accordance with paragraph (3) of Article 76.
Article 80 (Arbitration by National Labor Relations Commission)
The National Labor Relations Commission shall conduct,
without delay, an arbitration if one or both of the parties concerned
have made a request for arbitration, or if it has made a
decision to refer the case to arbitration in accordance with
Article 79.
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CHAPTER Ⅵ
Unfair Labor Practices
Article 81 (Unfair Labor Practices)

No employer shall commit an act which falls under any of
the following subparagraphs (hereinafter referred to as “unfair
labor practices”): <Amended by Act No. 8158, Dec. 30, 2006>
1. Dismissal of or discrimination against a worker on the
grounds that the worker has joined or intended to join a
trade union, intended to establish a trade union, or performed
a lawful act for the operation of a trade union;
2. Making it a condition of employment that the worker abstain
from joining or withdraw from a trade union, or join a
particular trade union. However, in cases where a trade
union represents more than two-thirds of workers employed
in the same business, the conclusion of a collective agreement
under which a person is employed on condition that he/she
becomes a member of the trade union shall be allowed as
an exception. In such cases, the employer shall not put
the worker in any disadvantageous position in terms of
status, on the ground that the worker has been expelled
from the trade union, or has withdrawn from the trade
union to organize a new trade union or to join another
trade union;
3. Refusal or delay of concluding a collective agreement or
conducting collective bargaining, without justifiable reasons,
with the representative of a trade union or a person who
has been authorized by a trade union;
4. Domination of or interference with the formation or operation
of a trade union by workers and wage payment for
full-time officials of a trade union or financial support for
the operation of a trade union. However, the employers
may allow the workers to carry out the activities referred
to in Article 24 (4) during the working hours, may
provide subsidies for the welfare of the workers, or for
the prevention and relief of financial difficulties and other
disasters, and may provide union office in minimum size;
5. Dismissal of or discrimination against a worker on the
grounds that the worker has taken part in lawful collective
activities, has reported the violation of the provisions of

this Article by the employer to the Labor Relations

Commission, or has testified about such violations or
presented evidences to administrative authorities.
Article 82 (Application for Remedy)
(1) A worker or trade union whose rights have been
infringed by unfair labor practices may make an application for
remedy to the Labor Relations Commission.
(2) Application for remedy under paragraph (1) shall be
made within three months from the date when such unfair
labor practices have been committed (or from the date of
termination in cases where such activities continue).
(1) The Labor Relations Commission shall, without delay,
conduct necessary investigation and inquiry of the parties concerned,
upon receipt of an application for remedy in accordance with
Article 82.
(2) When conducting the inquiry in accordance with paragraph
(1), the Labor Relations Commission may, at the request of the
parties or by its own authority, have witnesses appear before the
Commission, and conduct examinations on the pertinent matters.
(3) When conducting the inquiry in accordance with paragraph
(1), the Labor Relations Commission shall provide sufficient
opportunities for the parties concerned to present evidence and
to cross-examine witnesses.
(4) The procedures concerning the investigation and inquiry
by the Labor Relations Commission under paragraph (1) shall
be specified by separate rules promulgated by the National Labor
Relations Commission.
Article 84 (Order of Remedy)
(1) The Labor Relations Commission, after completing the
inquiry under Article 83 and finding that the employer has
committed unfair labor practices, shall issue an order for
remedy to the employer. When the Commission determines that
unfair labor practice has not been committed, it shall enter a
decision to dismiss the application for remedy.
(2) Judgments, orders and decisions under paragraph (1) shall
be made in writing, and shall be issued to the pertinent employer
and the applicant.
(3) Each of the parties shall comply with the order issued
pursuant to paragraph (1).
▮▮ 379
Article 85 (Finalization of Remedy Order)

(1) Where one of the parties disagrees with any remedy
order or dismissal decision by the Regional Labor Relations
Commission or by the Special Labor Relations Commission, he/she
may make an application for review of such order to the
National Labor Relations Commission within ten days of the
date of receiving the notice of the order or decision.
(2) The party concerned may bring an administrative suit in
accordance with the Administrative Litigation Act against a
decision on review made by the National Labor Relations
Commission under paragraph (1) within fifteen days of the date
of receiving the notice of the decision on review.
(3) Unless an application for review or an administrative
suit has been made within the period specified in paragraphs (1)
and (2), remedy orders, dismissal decisions or review decisions
shall be final.
(4) When dismissal decisions or review decisions have been
finalized in accordance with paragraph (3), the parties concerned
shall comply with those decisions.
(5) When an employer has initiated an administrative suit in
accordance with paragraph (2), the competent court may, at the
request of the National Labor Relations Commission, order to
enforce the whole or part of the remedy order made by the
Central Labor Relations Commission until the judgment of the
court is rendered, and may, at the request of the parties or by
its own authority, revoke such decision.
Article 86 (Effect of Remedy Order, etc.)
The effect of remedy orders, dismissal decisions or review
decisions made by the Labor Relations Commission shall not be
suspended by an application for review to the National Labor
Relations Commission or by the initiation of an administrative
suit in accordance with Article 85.
CHAPTER Ⅶ


under this act may be in part delegated to the heads of local

employment and labor offices in accordance with the
CHAPTER Ⅷ
Penal Provisions
Article 88 (Penal Provision)

A person who violates the provisions of Article 41(2) shall
be punished by imprisonment for up to five years, or by a fine
up to fifty million won.
shall be punished by imprisonment for up to three years, or by
a fine up to thirty million won: <Amended by Act No. 8158, Dec.
30, 2006>
1. A person who violates the provisions of Article 37 (2), 38
(1), 42 (1), or 42-2 (2);
2. A person who violates remedy orders which were finalized
pursuant to Article 85 (3) (including cases where it shall
apply mutatis mutandis pursuant to Article 29-4 (4)), or
by an administrative court ruling. <Amended by Act No.
9930, Jan. 1, 2010>
A person who violates the provisions of Article 44 (2), 69
(4), 77, or 81 shall be punished by imprisonment up to two
years, or by a fine up to twenty million won.
A person who violates the provisions of Articles 38 (2), 41
(1), 42 (2), 43 (1), (2) and (4), 45 (2), 46 (1) or 63 shall be
punished by imprisonment of up to one year or a fine not
exceeding ten million won. <Wholly amended by Act No. 8158,
Dec. 30, 2006>
shall be punished by a fine up to ten million won:
▮▮ 381
1. A person who violates Article 24 (5); <Newly Inserted by

Act No. 9930, Jan. 1, 2010>
2. A person who violates matters falling under any of the
following items among the contents of a collective
agreement concluded pursuant to Article 31(1):
A. Matters concerning wages, welfare costs, and severance
pay
B. Matters concerning working hours and recess hours,
holidays and leave
C. Matters concerning the reasons and the major procedures
concerning disciplinary actions and dismissal
D. Matters concerning safety and health and assistance in
industrial accident
E. Matters concerning provision of facilities and accommodations,
and participation in meetings during working hours
F. Matters concerning industrial action
<Amended by Act No. 6456, Mar. 28, 2001>
3. A person who fails to comply with the contents of the
mediated agreement under Article 61(1), or the arbitration
ruling under Article 68(1).
shall be punished by a fine up to five million won:
1. A person who violates the provisions of Article 7(3);
2. A person who violates orders under the provisions of
Article 21 (1), (2), or 31 (3).
Article 94 (Joint Penal Provision)
When the representative of a corporation or an organization,
or an agent, a worker or any other hired person of a corporation,
an organization or an individual has committed an act in
violation of Articles 88 through 93 in connection with the business
of the corporation, organization or individual, a fine prescribed in
each of the pertinent Articles shall be imposed on the corporation,
organization or individual, as well as on the offender.
A person who violates a court order under Article 85(5)
shall be punished by a fine for negligence up to five million
won (in cases where the order is a performance order, an amount
computed by multiplying a rate of less than half a million won
per day by the number of days during which the order has not
been complied).


shall be punished by a fine for negligence up to five million won:
1. A person who fails to place or keep documents in accordance
with Article 14;
2. A person who fails to report or make a fraudulent report
under Article 27;
3. A person who fails to make a report under Article 46(2).
(2) A person who fails to make a report or notification
under Articles 13, 28(2), or 31(2) shall be punished by a fine for
negligence up to three million won.
(3) The administrative authorities shall impose and collect
fines for offense under paragraphs (1) and (2) in accordance
with the Presidential Decree.
(4) A person who is not satisfied with the imposition of a
fine for negligence under paragraph (3) may file complaints to
the administrative authorities within thirty days of the date of
notice of fine for negligence.
(5) When a person subject to a fine for negligence under
paragraph (3) files complaints in accordance with paragraph (4),
the administrative authorities shall give, without delay, notice of
such a complaint to a competent court. The court so notified
shall adjudicate on the fine for negligence in accordance with
the Summary Proceedings Act.
(6) When the complaint has not been made and the fine for
negligence has not been paid within the period stipulated in
paragraph (4), the fine for negligence shall be collected according
to the process for the recovery of the national taxes in arrears.
Addenda <Act No. 5310, Mar. 13, 1997>

This Act shall take effect on the date of its promulgation.
Article 2 (Deadline of Application)
The provisions of subparagraph 1 of Article 71 (2) regarding
inner-city bus services, and the provisions of subparagraph 4 of
Article 71 (2) regarding banking services (except the Bank of
Korea which is subject to the Act on the Bank of Korea) shall
be effective until December 31st, 2000.
Article 3 (Transitional Measures concerning Trade Union)
After this Act takes effect, trade unions which have been
▮▮ 383
given a certificate of formation in accordance with the former

provisions shall be deemed to have been formed in accordance
with this Act.
Article 4 (Transitional Measures concerning Dismissed Workers)
After this Act takes effect, workers who was claiming against
the effect of dismissal shall not be construed as a non-worker,
notwithstanding the provision of “d” of subparagraph 4 of
Article 2.
Article 5 Deleted. <Act No. 9930, Jan. 1, 2010>
Article 6 (Special Case of Application concerning Full-Time Officials
of Trade Union)
(1) Deleted. <Act No. 9930, Jan. 1, 2010>
(2) A trade union and an employer shall make an effort to
gradually reduce wage payment for full-time union officials
based on the consultation between labor and management. In such
cases, the reduced portion shall be used for the financial self-support
of unions. <Amended by Act No. 6456, Mar. 28, 2001>
Article 7 (Transitional Measures as to Effect of Collective Agreement)
After this Act takes effect, the collective agreement concluded
by the former provisions shall be deemed to have been
concluded by this Act.
Article 8 (Transitional Measures concerning Adjustment of Industrial
Disputes)
(1) After this Act takes effect, private mediation or arbitration
which has been filed in accordance with the former provisions
shall be deemed as an application for private mediation or
arbitration by this Act.
(2) After this Act takes effect, mediation or arbitration filed
to the Labor Relations Commission in accordance with the former
provisions shall be deemed as an application for mediation or
arbitration by this Act. In such cases, mediation period shall be
calculated in accordance with the former provisions, notwithstanding
the provisions of Article 54.
(3) After this Act takes effect, industrial disputes which were
settled by mediation in accordance with the former provisions
shall be deemed to have been through mediation procedures in
applying Article 45.
Article 9 (Transitional Measures concerning Business of Trade Union,
etc.)

(1) After this Act takes effect, reports, applications and requests
which have been made to the Minister of Employment and Labor,
administrative authorities, or Labor Relations Commissions by
workers, trade unions and employers in accordance with the
former provisions shall be deemed to have been made by this
Act. <Amended by Act No. 10339, Jun. 4, 2010>
(2) After this Act takes effect, requests made to the Labor
Relations Commission by the Minister of Employment and
Labor or administrative authorities shall be deemed to have been
made by this Act. <Amended by Act No. 10339, Jun. 4, 2010>
(3) After this Act takes effect, orders, designations and
decisions made by the Minister of Employment and Labor or
administrative authorities shall be deemed to have been made
by this Act. <Amended by Act No. 10339, Jun. 4, 2010>
Article 10 (Transitional Measures concerning Penal Provisions)
Application of penal provisions to the actions prior to the
enforcement of this Act shall be subject to the previous provisions.
Article 11 (Relations with Other Enactments)
After this Act takes effect, any citations in other enactments
from the Trade Union and Labor Relations Adjustment Act, or
its provisions shall be construed as citing this Act or corresponding
provisions of this Act in cases where there are corresponding
provisions in this Act.
(1) (Enforcement Date)

Provided that the amended provision of Article 13 shall enter
into force six months after its promulgation.
(2) (Revision of Other Acts)
“2001” in paragraph 2 of the Addenda of the Act of the
Establishment, Operation, etc., of Trade Unions for Teachers
amended by Act no. 5727 shall be changed to “2006”.

This Act shall take effect on July 1, 2007, except that the
amended provisions of Articles 42-2 through 42-6, 43 (3) and
(4), subparagraph 3 of Article 62, Articles 71, 74 and 75 and
▮▮ 385
subparagraph 1 of Article 89 (applying only to restrictions on

industrial action in essential services to be maintained) shall
take effect on January 1, 2008; the amended provisions of
subparagraph 2 of Article 81 shall take effect on July 1, 2011;
and the amended provisions of Article 5 (1) and (3) and Article
6 (1) of the Addenda of the Trade Union and Labor Relations
Adjustment Act amended by Act No. 5310 (including the revised
provisions of the Trade Union and Labor Relations Adjustment
Act amended by Act No. 6545) shall take effect on January 1,
2007. <Amended by Act No. 9930, Jan. 1, 2010>
Article 2 (Preparations for Introduction of System of Essential
Services to Be Maintained)
The parties in labor relations or the Labor Relations Commission
may prepare necessary matters described in the following
paragraphs to introduce the system of essential services to be
maintained before the enforcement of this Act:
1. Conclusion of an agreement on essential services to be
maintained;
2. Decision under Article 42-4 (2).
Article 3 (Transitional Measures concerning Change in Authority)
(1) The act of issuing certificates or orders and other acts
(applying only to cases involving trade unions other than unit
trade unions spanning not less than two areas among
Sis/Guns/Gus) done by the Special City Mayor, Metropolitan
City Mayors and Provincial Governors pursuant to the previous
provisions at the time of the enforcement of this Act shall be
deemed as the ones done by Governors of Special Self-Governing
Provinces and heads of Sis/Guns/Gus pursuant to this Act.
(2) The act of making a report or an application and other
acts (applying only to cases involving trade unions other than
unit trade unions spanning not less than two areas among
Sis/Guns/Gus) done by the Special City Mayor, Metropolitan
City Mayors and Provincial Governors pursuant to the previous
provisions at the time of the enforcement of this Act shall be
deemed as the ones done by Governors of Special Self-Governing
Provinces and heads of Sis/Guns/Gus pursuant to this Act.
Article 4 (Transitional Measures concerning Mediation For Essential
Public Services)
The mediation case for essential public services, which is
filed with the Labor Relations Commission before the amended

provisions of subparagraph 3 of Article 62, Articles 71, 74 and

75 take effect pursuant to the proviso of Article 1 of the
Addenda, shall be subject to the previous provisions.
The application of penal provisions to acts committed before
the enforcement of this Act shall be subject to the previous
provisions, except that this shall not apply in case of applying
penal provisions to acts committed in violation of the order
given pursuant to Article 42 (3).

This Act shall take effect on the date of its promulgation.

This Act shall enter into force on January 1, 2010: Provided
that the amended provisions of Article 24 (3), (4) and (5),
subparagraph 4 of Article 81, and Article 92 shall enter into
force on July 1, 2010, and the amended provisions of Article 29
(2), (3) and (4), subparagraphs 2 through 5 of Article 29, the
latter parts of Article 41 (1), Article 42-6 and subparagraph 2 of
Article 89 shall enter into force on July 1, 2011.
Article 2 (Transitional Measures concerning Setting of Initial
Maximum Time-off Limit)
(1) The Time-off System Deliberation Committee shall deliberate
and decide on the maximum time-off limit enforced for the first
time after the enforcement of this Act no later than April 30, 2010.
(2) If the Time-off System Deliberation Committee fails to
complete its deliberation and decision by the deadline referred
to in paragraph (1), the public interest members alone may
make a deliberation and decision after hearing opinions from
the National Assembly notwithstanding Article 24-2 (5).
Article 3 (Transitional Measures concerning Collective Agreement)
A collective agreement effective on the enforcement date of
this Act shall be considered to have been signed in accordance
with this Act: Provided that if all or part of the collective
agreement violates Article 24 as a result of the enforcement of
▮▮ 387
this Act, the collective agreement shall be considered to remain

effective until the expiry date prescribed at the time of its
signing in spite of the entry into force of this Act.
Article 4 (Transitional Measures concerning Trade Unions in Middle
of Bargaining)
A trade union in the middle of the bargaining process on
the enforcement date of this Act shall be considered as the
bargaining representative union under this Act.
Article 5 (Transitional Measures concerning Agreement on Minium
Services to Be Maintained or Decision by Labor Relations
Commission on Levels of Minimum Services to Be
Maintained and Provided, etc.)
An agreement on minimum services to be maintained or a
decision by the Labor Relations Commission on the levels of
minimum services to be maintained and provided, etc., which is
effective on the enforcement date of this Act, shall be considered
to have been made in accordance with this Act.
Article 6 (Transitional Measures concerning Where Two Trade
Unions or More Exist in One Business or Workplace)
If in a business or workplace there were two trade unions
or more which had been established or joined by workers
regardless of type of organization as of December 31, 2009, the
amended provisions of Article 29 (2), (3) and (4), Articles 29-2
through 29-5, the latter part of Article 41 (1) and subparagraph
2 of Article 89 shall apply to such a business or workplace
from July 1, 2012.
Article 7 (Transitional Measures concerning Establishment of Trade
Unions)
(1) If a trade union has been organized in a business or
workplace, another trade union covering the same members as
the trade union's shall not be established until June 30, 2011
notwithstanding Article 5.
(2) If a trade union to be established violates paragraph (1),
the administrative authorities shall turn down a report of its
establishment.
Article 8 (Special Application concerning Full-time Union Officials)
Article 24 (2) and subparagraph 4 of Article 81 (limited to
the provision on the payment of wages to full-time union
officials) shall not apply until June 30, 2010.


(Proviso omitted)
(39) Parts of the Trade Union and Labor Relations Adjustment
of Article 10 (1), Article 12 (1) and Article 24-2 (2) shall be
changed to “Minister of Employment and Labor”.
“Ministry of Labor” in Article 24-2 (1) shall be changed to
“Minister of Labor” in Article 76 (1) through (3) and Article
87 shall be changed to “Minister of Employment and Labor”.
“Local labor offices” in Article 87 shall be changed to “Local
employment and labor offices”.
Article 5 Omitted.

▮▮ 389
ENFORCEMENT DECREE OF THE TRADE UNION AND

LABOR RELATIONS ADJUSTMENT ACT

Presidential Decree No. 23488, Jan. 6. 2012
Article 1 (Purpose)
The purpose of this Decree is to prescribe the matters
delegated by the Trade Union and Labor Relations Adjustment
Act and matters necessary for the enforcement thereof.
<Amended by Presidential Decree No. 20397, Nov. 30, 2007>
Article 2 (Registration as Juristic Person)
Where, pursuant to the provisions of Article 6 (2) of the
Trade Union and Labor Relations Adjustment Act(hereinafter
referred to as the “Act”), a trade union is formed as a juristic
person, it shall be registered with the registry office having
jurisdiction over the location of the principal office thereof.
Article 3 (Matters for Registration)
Matters for registration as referred to in Article 2 shall be
as follows:
1. Name;
2. Place of the principal office;
3. Objective and activities;
4. Name and address of the representative;
5. Reasons for dissolution where applicable.
Article 4 (Application for Registration)
(1) The registration as referred to in Article 2 shall be effected
by the application from the representative of the relevant trade
union.
(2) When the application for registration as referred to in
paragraph (1) is submitted, there shall be attached to the application

ENFORCEMENT DECREE OF THE TRADE UNION AND LABOR RELATIONS ADJUSTMENT ACT
form for registration the bylaws of the trade union and a copy
of the certificate of report (if the certificate of the report of
modification as referred to in Article 10 (3) of this Decree has
been delivered, a copy of the certificate) as prescribed in Article
12 of the Act.
Article 5 (Registration of Transfer)
(1) Where a trade union which is a juristic person transfers
its principal office to a district falling under the jurisdiction of
another registry office, the representative of the trade union
shall, within three weeks from the date of the transfer, make a
registration of transfer in the previous location and make a
registration of the matters falling under the subparagraphs of
Article 3 in the new location.
(2) Where the principal office is transferred within the
jurisdiction of the same registry office, the registration of
transfer shall be made within three weeks from the date of the
transfer.
Article 6 (Registration of Alteration)
The representative of a trade union shall, if there is an
alteration to such matters as referred to in the subparagraphs of
Article 3, register the alteration within three weeks from the date
of the alteration.
Article 7 (Report of Subsidiary Organizations)
A labor organization that is established at an independent
business or workplace which has the right to determine working
conditions may, notwithstanding its name such as chapter or branch,
etc., report on the establishment of a trade union pursuant to
the provision of Article 10 (1) of the Act.
Article 8 (Relations, etc., of Trade Union with Its Affiliated Association)
(1) Where a unit trade union joins an industry-level association
of trade unions or where an industry-level association of trade
unions or a nationwide industry-level trade union joins a confederation
of trade unions, the trade union in question shall fulfil in good
faith the obligations imposed by the bylaws of the industry-level
association of trade unions or the confederation of trade unions.
(2) A confederation of trade unions or an industry-level association
of trade unions may render cooperation, assistance or guidance
to its member trade unions in respect of their activities.
(3) Deleted. <Presidential Decree No. 20397, Nov. 30, 2007>
▮▮ 391
Article 9 (Demand, etc., for Complete Written Report of Establishment)

(1) The Minister of Employment and Labor, the Mayor of
Special City, the Mayor of Metropolitan City, the Provincial
Governor, the Governor of Special Self-Governing Province or
the head of Si/Gun/Gu (hereinafter referred to as the Administrative
Authorities) shall, if a report on the establishment of a trade
union falls under any of the following subparagraphs, demand
the report to be supplemented pursuant to Article 12 (2) of the
1. Where the bylaws fail to be attached to the written report
of establishment or where any omission or incorrect facts
are found in the entries of the report or the bylaws;
2. Where the procedure for the election of executive members
or for the enactment of the bylaws violates the provisions
of Article 16 (2) through (4) of the Act or the provisions
of Article 23 (1) of the Act.
(2) Where, after a trade union is delivered with a certificate
of report of establishment, there arise reasons for returning the
written report of establishment, which fall under Article 12 (3) 1
of the Act, the Administrative Authorities shall demand correction
within the specified period of thirty days, and if the correction
is not performed within this period, they shall notify the trade
union in question that it shall not be regarded as a trade union
as provided for under this Act. <Amended by Presidential Decree
No. 15780, Apr. 27, 1998>
(3) The Administrative Authorities shall, where they have
delivered a certificate of report of establishment to a trade union
or given notification pursuant to the provision of paragraph (2),
notify without delay the competent Labor Relations Commission
and the employer of the business or the workplace in question
or the employers' association related thereto of this. <Amended
by Presidential Decree No. 15780, Apr. 27, 1998>
Article 10 (Report, etc., of Matters of Alteration)
(1) A trade union shall, where it files a report of alteration
in accordance with the provision of Article 13 (1) of the Act,
attach the certificate of report to the written report of alteration.
(2) A trade union which is obligated to report on a change
in the location of its principal office in accordance with the
provision of Article 13 (1) 2 of the Act shall, where the location
of the principal office is relocated to an area falling under the
jurisdiction of another Administrative Authorities, report the

change to the Administrative Authorities which have jurisdiction

over the new location. <Amended by Presidential Decree No. 15780,
Apr. 27, 1998>
(3) The Administrative Authorities shall, when they receive a
written report of alteration in accordance with the provisions of
paragraph (1), deliver a certificate of report of alteration within three
days. <Amended by Presidential Decree No. 15780, Apr. 27, 1998>
(4) When a trade union notifies the Administrative Authorities
of the number of its members prescribed in Article 13 (2) 3 of
the Act, it shall, in the case of a unit trade union comprised of
workers of two or more businesses or workplaces, notify in
respect of each of the businesses or workplaces. <Amended by
Presidential Decree No. 15780, Apr. 27, 1998>
Article 11 (Notification of Order, etc.)
(1) The Administrative Authorities shall, in a case falling under
one of the following subparagraphs, notify the representative of
a trade union of the fact in writing: <Amended by Presidential
Decree No. 15780, Apr. 27, 1998>
1. Where they, pursuant to the provisions of Article 18 (3) and
(4) of the Act, appoint the person entitled to convoke a
meeting;
2. Where they, pursuant to the provisions of Article 21 (1)
and (2) of the Act, issue a corrective order in respect of
the bylaw, resolution or action of a trade union;
3. Where they, pursuant to the provision of Article 31 (3) of
the Act, issue a corrective order in respect of an unlawful
collective agreement;
4. Where they, pursuant to the provision of Article 36 (1) of
the Act, take a decision on the regional binding force.
(2) The Administrative Authorities shall, in a case falling under
paragraph (1) 3 and 4, notify the employer of the business or
workplace in question or the employers'　association related thereto
of the fact. <Amended by Presidential Decree No. 15780, Apr. 27, 1998>
Article 11-2 (Maximum Time-off Limit)
When the Time-off System Deliberation Committee referred
to in Article 24-2 (1) of the Act (hereinafter referred to as “the
Committee”) sets the maximum time-off limit referred to in
paragraph (2) of the same Act, it may set the limit in the form
of the number of time-off hours and the number of people who
can take time-off, after taking into consideration the number of
all union members in the business or workplace and the scope
▮▮ 393
of the functions concerned pursuant to Article 24 (4) of the Act.

Feb. 12, 2010>
Article 11-3 (Appointment of Committee Members)
(1) The members of the Committee shall be appointed by
Decree No. 22269, Jul. 12, 2010>
(2) The members appointed on the recommendation of labor
circles under Article 24-2 (3) of the Act shall be appointed from
among those recommended by nation-wide labor organizations
and the members appointed on the recommendation of business
circles shall be appointed from among those recommended by
nation-wide employers' organizations.
Feb. 12, 2010>
Article 11-4 (Qualification Criteria for Committee Members)
(1) The qualification criteria for those who can be recommended
as committee members by the organizations referred to in Article
11-3 (2) are as follows :
1. Former or incumbent executives of the organizations concerned;
2. Experts on labor issues
(2) The qualification criteria for those who can be recommended
as pubic interest members pursuant to Article 24-2 (3) of the
Act are as follows :
1. Those who majored in labor-related subjects and have at
least five-year experience of working as a teacher or researcher
prescribed in Article 14 (2) of the Higher Education Act
in a school or certified research institute prescribed in
subparagrpah 1, 2 or 5 of Article 2 of the same Act;
2. Those who served as public official of Grade three or
above and have plenty of academic knowledge and experience
on labor issues;
3. Other people acknowledged to have plenty of academic
knowledge and experience falling under subparagraphs 1
and 2.
Feb. 12, 2010>
Article 11-5 (Term of Office of Committee Member)
(1) The term of office of a committee member shall be two
years.

(2) If the post of a committee member becomes vacant, the

term of office of the substitute member shall be the remaining
term of office of his/her predecessor.
(3) Even in case the term of office of a committee member
expires, he/she shall continue to perform his/her duties until
his/her successor is appointed.
Feb. 12, 2010>
Article 11-6 (Operation of the Committee)
(1) If the Committee receives a request for deliberation from
the Minister of Employment and Labor to set the maximum
time-off limit, it shall conduct deliberations and make a decision
within 60 days from the date the request was made. <Amended
(2) The Committee shall have one secretary selected from
among public officials of Grade 4 or above from the division of
the Ministry of Employment and Labor responsible for managing
the Committee to deal with its affairs. <Amended by Presidential
Decree No. 22269, Jul. 12, 2010>
(3) A committee member may be paid the allowances and
travel expenses needed to perform his/her duties within the
limit of available budgets.
(4) The chair of the Committee may get a public official in
charge of carrying out work relating to the Committee in the
Ministry of Employment and Labor and a relevant administrative
agency to attend its meeting and make a remark. <Amended by
(5) The Committee may have a expert member to conduct a
technical survey and research on the time-off system.
(6) Necessary matters other than those provided in this
Decree shall be determined by the Minister of Employment and
Labor after hearing opinions from the Committee. <Amended by
Feb. 12, 2010>
Article 12 (Demand for Submission of Materials)
The Administrative Authorities shall, where they intend to
receive a report from a trade union on the settlement of accounts
or on the operational situation pursuant to the provision of
Article 27 of the Act, demand it in writing ten days in advance
by specifying the reasons and other necessary matters. <Amended
▮▮ 395
by Presidential Decree No. 15780, Apr. 27, 1998>

Article 13 (Resolution, etc., of Dissolution of Labor Relations
Commission)
(1) “When a trade union is deemed not to have carried out
any activities as a union for a year or longer” in Article 28 (1)
4 of the Act means cases where, for a period of one year or
longer, no membership fees have been collected from the members
of the trade union or no general meeting or delegates meeting
has been convoked.
(2) Where there arise a reason for dissolution of a trade union
prescribed in Article 28 (1) 4 of the Act, the union shall be
regarded as being dissolved at the time when the Administrative
Authorities obtain the resolution of the competent Labor Relations
Commission. <Amended by Presidential Decree No. 15780, Apr. 27, 1998>
(3) The Labor Relations Commission shall not, in passing
the resolution prescribed in paragraph (2), take into account the
activities of the trade union in question after the date of the
occurrence of the reason for dissolution as stipulated in Article
28 (1) 4 of the Act.
(4) The Administrative Authorities shall, when the Labor
Relations Commission introduces the resolution stipulated in
Article 28 (1) 4 of the Act or when they receive a report of
dissolution as stipulated in paragraph (2) of the same Article,
notify without delay the competent Labor Relations Commission
(limited to cases where a report of dissolution stipulated in
Article 28 (2) of the Act has been received), the employer of the
business or workplace in question or the employers'　association
related thereto, of the fact. <Amended by Presidential Decree No.
15780, Apr. 27, 1998>
Article 14 (Notification of Delegation of Negotiating Authority, etc.)
(1) A trade union or an employers'　association (hereinafter
referred to as a “party to labor relations”) shall, when it delegates
the authority to negotiate or conclude a collective agreement
pursuant to the provisions of Article 29 (3) of the Act, specify
the matters subject to negotiation and the scope of delegated
authority. <Amended by Presidential Decree No. 22030, Feb. 12, 2010>
(2) A party to labor relations shall, when it notifies the other
party of the fact of delegation pursuant to the provisions of
Article 29 (4) of the Act, do so by including the matters listed
in the following subparagraphs: <Amended by Presidential Decree
No. 22030, Feb. 12, 2010>

1. Name of the person delegated as such (if the person

delegated is an organization, the name of the organization
and the name of the representative thereof);
2. The substance of the delegation such as the matters
subject to negotiation and the scope of jurisdiction, etc.
Article 14-2 (Timing and Method for Demand for Bargaining by
Trade Union)
(1) A trade union, if there is a collective agreement in the
business or workplace concerned, may begin to demand bargaining
with the employer three months before the expiration date of
the collective agreement pursuant to Article 29 (1) or Article
29-2 (1) of the Act : Provided that if there are two or more
collective agreements, the trade union may begin to demand
bargaining with the employer three months before the expiration
date of whichever collective agreement expires soonest.
(2) When demanding bargaining with the employer pursuant
to paragraph (1), a trade union shall make that demand in
writing specifying the matters prescribed by the Ordinance of
the Ministry of Employment and Labor, including the name of
the trade union and the number of union members as of the
date of demanding the bargaining. <Amended by Presidential
Decree No. 22269, Jul. 12, 2010>
Feb. 12, 2010>
Article 14-3 (Public Notice of Trade Union's Demand for Bargaining)
(1) Upon receiving a demand to bargain from a trade union
pursuant to Article 14-2, an employer shall ensure that other
trade unions and workers know the name of the trade union
demanding the bargaining and other matters prescribed by the
Ordinance of the Ministry of Employment and Labor by putting
a notice on a bulletin board, etc., in the business or workplace
concerned for seven days from the date of receiving that demand.
(2) If an employer fails to give public notice of, or gives
false public notice of, a demand for bargaining made under
paragraph (1), the trade union may file a request for redress
with the Labor Relations Commission under the conditions
(3) Upon receiving a request for redress pursuant to paragraph
(2), the Labor Relations Commission shall take a decision on
▮▮ 397
that request within ten days from the date of receiving the
request.
Feb. 12, 2010>
Article 14-4 (Timing and Method for Demand for Bargaining by
another Trade Union)
If there is a trade union which demands bargaining with
the employer pursuant to Article 14-2, another trade union which
intends to bargain with the employer shall make a demand for
bargaining with the employer, in writing specifying the matters
prescribed in Article 14-2 (2) within the public notice period
referred to in Article 14-3 (1). <This Article Newly Inserted by
Presidential Decree No. 22030, Feb. 12, 2010>
Article 14-5 (Confirmation of Trade Union Demanding Bargaining)
(1) An employer shall confirm and give notification to a
trade union which demands bargaining pursuant to Articles 14-2
and 14-4 on the day after the end of the public notice period
prescribed in Article 14-3 (1) and give public notice of the matters
Labor, including the name of the trade union demanding the
bargaining and the number of union members as of the date of
demanding the bargaining, for five days. <Amended by Presidential
Decree No. 22269, Jul. 12, 2010>
(2) If a trade union which demands bargaining pursuant to
Articles 14-2 and 14-4 finds the content of the public notice
referred to in paragraph (1) to be different from, or to fail to
contain, the content submitted by the trade union, the trade
union may file an objection with the employer during the public
notice period referred to in paragraph (1).
(3) If the employer acknowledges that the content of the
objection referred to in paragraph (2) is reasonable, he/she shall
give public notice of the submitted content for five days after
the end of the public notice period, and give a notification of
this to the trade union filing that objection.
(4) If, with regard to an objection filed under paragraph (2),
an employer takes actions as classified in each of the following
subparagraphs, the trade union may file a request for redress
with the Labor Relations Commission within five days from the
day prescribed in the respective subparagraph under the conditions
Labor: <Amended by Presidential Decree No. 22269, Jul. 12, 2010>

1. Where the employer fails to give public notice pursuant

to paragraph (3) : the day after the end of the public notice
period referred to in paragraph (1);
2. Where the employer gives public notice whose content is
different from that submitted by the trade union : the
day when the public notice period referred to in paragraph
(3) ends.
(5) Upon receiving a request for redress pursuant to paragraph
(4), the Labor Relations Commission shall take a decision on that
request within ten days from the date of receiving the request.
Feb. 12, 2010>
Article 14-6 (Autonomous Determination, etc., of Bargaining Representative
Union)
(1) If a trade union confirmed or determined as a trade union
demanding bargaining pursuant to Article 14-5 intends to determine
autonomously the a bargaining representative union pursuant to
Article 29-2 (2) of the Act, a notification of the representative,
bargaining members, etc., of the bargaining representative union
shall be signed or sealed jointly, and then given to the employer
within 14 days from the date of the confirmation and determination
under Article 14-5.
(2) After a notification of the bargaining representative union
is given to the employer pursuant to paragraph (1), the status
of the bargaining representative union under Article 29 (2) of
the Act shall be maintained, even in case some of the trade unions
participating in the procedure for determining the bargaining
representative union do not participate in the procedure thereafter.
<This Article Newly Inserted by Presidential Decree No. 22030, Feb.
12, 2010>
Article 14-7 (Confirmation, etc., of Majority Trade Union as Bargaining
Representative Union)
(1) If the bargaining representative union referred to in
Article 29-2 (2) of the Act and Article 14-6 of this Decree fails
to be determined, the trade union (including cases where two
or more trade unions have a majority of the members of all
trade unions participating in the procedure for establishment of
a single bargaining channel by delegating authority or being
united; hereinafter referred to as “the majority trade union”)
organized with a majority of the members of all trade unions
▮▮ 399
representative union. referred to in Article 29-2 (2) of the Act

shall notify the employer of its name and representative and
the fact that it is the majority trade union within five days
after the expiration of the period referred to in Article 14-6 (1).
(2) Upon receiving notification that the trade union is the
majority trade union pursuant to paragraph (1), the employer
shall give public notice of this for five days from the date of
receiving that notification to ensure that other trade unions and
workers are aware of it.
(3) A trade union which intends to file an objection against
the majority trade union publicly announced pursuant to paragraph
(2) over whether or not it has a majority of union members
shall file that objection with the Labor Relations Commission
within the public notice period referred to in paragraph (2)
under the conditions prescribed by the Ordinance of the Ministry
of Employment and Labor, and if there is no objection filed, the
majority trade union shall be confirmed as the bargaining
representative union. <Amended by Presidential Decree No. 22269,
Jul. 12, 2010>
(4) Upon receiving the objection referred to in paragraph (3),
the Labor Relations Commission shall give a notification of this
to the employer and all trade unions participating in the procedure
for determining the bargaining representative union, and investigate
and identify the number of union members, for example by asking
them to submit the documents prescribed by the Ordinance of
the Ministry of Employment and Labor, such as a list of members
(only those having members' signatures and seals), etc., or to
appear before the Commission. <Amended by Presidential Decree
No. 22269, Jul. 12, 2010>
(5) In the case of identifying the number of union members
pursuant to paragraph (4), the reference date shall be the date
of giving public notice of the name, etc., of the trade union
demanding bargaining under Article 14-5 (1).
(6) If identifying the number of union members pursuant to
paragraph (4), the Labor Relations Commission shall count each
union member joining two or more trade unions according to
methods as classified in each of the following subparagraphs:
1. Where there is only one trade union to which the union
member pays his/her membership dues: add one to the
number of members of the trade union to which he/she
pays membership dues;
2. Where there are two or more trade unions to which the

union member pays his/her membership dues : divide

one by the number of trade unions to which he/she pays
membership dues and add the resulting figure to the
number of members of each trade union to which he/she
pays membership dues;
3. Where there is no trade union to which the union member
pays his/her membership dues : divide one by the number
of trade unions which he/she joins and add the resulting
figure to the number of members of each trade union which
he/she joins
(7) If a trade union or an employer fails to comply with
necessary investigation, such as a demand for the submission of
documents under paragraph (4), etc., the Labor Relations Commission
shall calculate and identify the number of union members
according to the standards prescribed by the Ordinance of the
Decree No. 22269, Jul. 12, 2010>
(8) If the Labor Relations Commission acknowledges as a
result of its investigation and identification under paragraphs (4)
through (7) that there is a majority trade union, it shall determine
the majority trade union as the bargaining representative union,
and give a notification of this to the employer and all trade unions
representative union within ten days from the date of receiving
the objection: Provided that it is difficult to identify the number
of union members within the said period, the period may be
extended just once by up to ten days.
Feb. 12, 2010>
Article 14-8 (Autonomous Organization and Notification of Joint
Bargaining Representative Team)
(1) If the bargaining representative union fails to be determined
pursuant to Article 29-2 (2) and (3) of the Act, in order to
conduct bargaining with the employer, trade unions eligible to
participate in a joint bargaining representative team pursuant to
paragraph (4) of the same Article shall organize a joint bargaining
representative team, including its representative and bargaining
members, and give a notification of the joint bargaining
representative team, signed or sealed jointly by them, to the
employer within the periods as classified in each of the following
subparagraphs :
1. Where neither notification under Article 14-7 (1) nor public
▮▮ 401
notice under paragraph (2) of the same Article is given

since no majority trade union exists : within ten days after
the expiration of the period referred to in Article 14-6 (1);
2. Where pursuant to Article 14-7 (8), the Labor Relations
Commission decides that there is no majority trade union
: within five days from the date on which the Labor
Relations Commission gives a notification of its decision
pursuant to Article 14-7 (8)
(2) After a notification of the joint bargaining representative
team is given to the employer pursuant to paragraph (1), the
status of the bargaining representative union referred to in
Article 29 (2) of the Act shall be maintained even in case some
of the trade unions participating in the procedure for determining
the joint bargaining representative team do not participate in
the procedure thereafter.
Feb. 12, 2010>
Article 14-9 (Organization of Joint Bargaining Representative Team
following Decision by Labor Relations Commission)
(1) If an agreement fails to be reached to organize a joint
bargaining representative team under Article 29-2 (4) of the Act
and Article 14-8 (1) of this Decree, some or all of the trade
unions eligible to participate in organizing a joint representative
bargaining team shall request the Labor Relations Commission
to make a decision on the organization of a joint bargaining
representative team pursuant to Article 29-2 (5) of the Act.
(2) Upon receiving a request to decide on the organization
of a joint bargaining representative team pursuant to paragraph
(1), the Labor Relations Commission shall determine the number
of people, not exceeding ten, from each trade union, who participate
in the joint bargaining representative team, in consideration of
the ratios calculated according to the number of members of
each trade union, within ten days from the date of receiving
that request, and notify the trade union and the employer of
that number : Provided that if it is difficult to determine the
number within the said period, the period may be extended just
once by up to ten days.
(3) The determination of a joint bargaining representative team
under paragraph (2) shall be based on the ratios calculated
according to the number of union members submitted by all
trade unions eligible to participate in the joint bargaining
representative team, and if some or all of the trade unions raise

an objection to the number and ratio of union members, Article

14-7 (4) through (7) shall apply mutatis mutandis.
(4) Trade unions participating in organizing a joint bargaining
representative team shall each select the number of bargaining
members determined by the Labor Relations Commission pursuant
to paragraph (2), and notify the employer of them in order to
conduct bargaining with the employer.
(5) When a joint bargaining representative team is organized
pursuant to paragraph (4), its representative shall be determined
under agreement reached among the trade unions participating
in the joint bargaining representative team : Provided that if such
agreement fails to be reached, the representative of the trade
union with the largest membership shall be the representative
of the joint bargaining representative team.
Feb. 12, 2010>
Article 14-10 (Duration of the Status of Bargaining Representative Union)
(1) A bargaining representative union determined pursuant
to Article 29-2 (2) through (5) of the Act shall keep its status as
a bargaining representative union from the date when such
determination is made until days as classified in each of the
following subparagraphs, and if a new bargaining representative
union is determined, the status of the first bargaining representative
union shall be maintained until when that determination is made:
1. Where the effective period of the first collective agreement
that the bargaining representative union has signed with the
employer since it was determined as bargaining representative
union is two years : the expiration date of the collective
agreement;
2. Where the effective period of the first collective agreement
that the bargaining representative union has signed with the
employer since it was determined as bargaining representative
union is less than two years : two years after the enforcement
date of the collective agreement
(2) If the duration of the status of a bargaining representative union
referred to in paragraph (1) has expired, but a new bargaining
representative union has yet to be determined, the existing bargaining
representative union shall keep its status as bargaining representative
union in relation to the implementation of the existing collective
agreement until a new bargaining representative union is determined.
(3) If a bargaining representative union determined pursuant
to Article 29-2 of the Act has not concluded a collective agreement
▮▮ 403
for one year since such determination was made, other trade
unions may demand bargaining with the employer. In this case,
Article 14-2 (2) and Articles 14-3 through 14-9 shall apply.
Feb. 12, 2010>
Article 14-11 (Decision on Division of Bargaining Unit)
(1) If a trade union or an employer intends to divide the
bargaining unit and then conduct bargaining pursuant to Article
29-3 (2) of the Act, it may request the Labor Relations Commission
to make a decision on the division of the bargaining unit within
periods as classified in each of the following subparagraphs:
1. Before the employer gives public notice of a demand for
bargaining pursuant to Article 14-3;
2. After the date of determining the bargaining representative
union under Article 29-2 of the Act in case where the
employer has already given public notice of a demand
for bargaining pursuant to Article 14-3.
(2) Upon receiving a request to decide on the division of
the bargaining unit pursuant to paragraph (1), the Labor Relations
Commission shall give a notification of that request to the
employer and all trade unions in the business or workplace
concerned, and the trade unions and the employer may submit
their opinions within the period determined by the Labor Relations
Commission.
(3) The Labor Relations Commission shall make a decision
on the division of the bargaining unit, and give a notification
of that decision to the employer and all trade unions in the
business or workplace concerned within 30 days from the date
of receiving a request under paragraph (1).
(4) Upon receiving notification of a decision on the division
of the bargaining unit from the Labor Relations Commission
pursuant to paragraph (3), a trade union intending to bargain
with the employer, if there is a collective agreement in the
bargaining unit to which it belongs, may begin to demand
bargaining, in writing, specifying the necessary matters referred
to in Article 14-2 (2) three months before the expiration date of
the collective agreement.
(5) If bargaining is demanded pursuant to Article 14-2
before the Labor Relations Commission makes a decision on the
division of the bargaining unit requested under paragraph (1),
the process of the determination of the bargaining representative
union such as giving public notice of a demand for bargaining

under Article 14-3, etc., shall be halted until a decision is made

on the division of the bargaining unit pursuant to Article 29-3
(2) of the Act.
(6) Necessary matters concerning a request to decide on the
division of the bargaining unit, a decision on such request, etc.,
other than those provided for in paragraphs (1) through (5),
Jul. 12, 2010>
Feb. 12, 2010>
Article 14-12 (Redress for Breach of Duty of Fair Representation)
(1) If a bargaining representative union determined pursuant
to Article 29-2 of the Act and/or an employer discriminate in
violation of Article 29-4 (1) of the Act, the trade union may file
a request with the Labor Relations Committee to redress the
violation of the duty of fair representation under the conditions
(2) Upon receiving a request to redress a violation of the
duty of fair representation under paragraph (1), the Labor
Relations Commission shall conduct necessary investigation and
question the person concerned without delay.
(3) When conducting questioning under paragraph (2), the
Labor Relations Commission may get a witness to appear and
ask him/her questions about necessary matters at the request of
the party concerned or by virtue of its authority.
(4) When conducting questioning under paragraph (2), the
Labor Relations Commission shall give the party concerned enough
opportunities to submit evidence and cross-examine a witness.
(5) The Labor Relations Commission shall issue an order or
make a decision in writing with regard to a request to redress
a violation of the duty of fair representation under paragraph (1),
and give the written notification to the bargaining representative
union, the employer and the trade union which make that request.
(6) Detailed procedures for the Labor Relations Commission's
investigation and questioning concerning a request to redress a
violation of the duty of fair representation under paragraph (1)
shall be determined by the National Labor Relations Commission.
Feb. 12, 2010>
▮▮ 405
Article 15 (Report of Collective Agreement)

The report of a collective agreement stipulated in the
provisions of Article 32 (2) of the Act shall be conducted in the
joint signature of both parties.
Article 16 (Request for Interpretation of Collective Agreement)
The request for interpretation of a collective agreement or
for statement of views on the method of performance of a
collective agreement, as stipulated in Article 34 (1) of the Act,
shall be made in writing by entering the contents of the
agreement and the opinions of the parties.
Article 17 (Report of Industrial Actions)
Any trade union shall, when it intends to conduct an industrial
action, report, under the conditions prescribed by the Ordinance
of the Ministry of Employment and Labor, it in advance in
writing to the Administrative Authorities and the competent
Labor Relations Commission by specifying the date, place, the
number of participants in, and the method of, the industrial
action. <Amended by Presidential Decree No. 15780, Apr. 27, 1998>
Article 18 (Report of Acts of Violence, etc.)
(1) An employer shall, when industrial action violates Article
38 (1) and (2), or 42 (1) or (2), immediately report the situation
to the Administrative Authorities and the competent Labor
Relations Commission. <Amended by Presidential Decree No. 15780,
Apr. 27, 1998 and No. 20397, Nov. 30, 2007>
(2) The report referred to in paragraph (1) shall be made in
writing, verbally, by telephone or in other appropriate manner.
Article 19 Deleted. <Presidential Decree No. 20397, Nov. 30, 2007>
Article 20 (Scope of Workers Engaged in Production of Defense
Industry Supplies)
“Those who are involved in the work of mainly producing
national defense goods” referred to under Article 41 (2) of the
Act" mean people engaged in the business of manufacturing,
processing, assembling, maintenance, reproduction, amelioration,
performance test, heat treatment, painting and gas handling, etc.,
which are required for completion of defense industry products.
Article 21 (Facilities Prohibited from Occupation)
“The equivalent thereof as determined by the Presidential

Decree” referred to under Article 42 (1) of the Act means facilities

falling under one of the following subparagraphs: <Amended by
Presidential Decree No. 16500, Aug. 6, 1999 and No. 20397, Nov.
30, 2007>
1. Electric, electronic computing or communications facilities;
2. Carriages on railways or the tracks thereof (including
urban railways);
3. Ships under construction or repair or at anchor : Provided
that this shall exclude cases where a seaman under the
Seamen Act gets on board the ship in question;
4. Aircraft, air navigation safety facilities, or facilities for
landing and taking off of aircraft or for transport of
passengers and cargo; <Amended by Presidential Decree of
the Aviation Act No. 16511, Aug. 6, 1999>
5. Locations storing or depositing materials posing the risk
of explosion such as gunpowder and explosives, etc., or
toxic materials stipulated under the Control of Harmful
Chemical Substances Act;
6. Other facilities which, if occupied, are likely to suspend
or close down production and other major activities or to
cause grave danger and harm to public interest and which
the Minister of Employment and Labor designates as such
in consultation with the heads of the central administrative
agencies concerned. <Amended by Presidential Decree No.
22269, Jul. 12, 2010>
Article 22 (Notification for Suspension)
When notifying an order to suspend industrial action pursuant
to the provisions of Article 42 (3) of the Act, the Administrative
Authorities shall do so in writing, except that they may do so
verbally where they deem the situation urgent. <Amended by
Presidential Decree No. 15780, Apr. 27, 1998 and No. 20397, Nov.
30, 2007>
Article 22-2 (Scope of Minimum Services to Be Maintained)
The minimum services to be maintained in each essential
public service under Article 42-2 (1) of the Act are provided for
in Table 1. <This Article Newly Inserted by Presidential Decree No.
20397, Nov. 30, 2007>
Article 22-3 (Application, etc., for Decision on Levels of Minimum
Services to Be Maintained and Provided, etc.)
(1) Upon receiving the application for a decision on the
▮▮ 407
levels of minimum services to be maintained and provided, the

specific work designated as minimum services, the required number
of personnel, etc., filed by a party to labor relations pursuant to
Article 42-4 (1) of the Act, the competent Labor Relations shall
organize, without delay, a special mediation committee to make
the decision.
(2) Upon making a decision on the levels of minimum services
to be maintained, etc., pursuant to Article 42-4 (2) of the Act,
the Labor Relations Commission shall notify the decision to the
parties to labor relations in writing and without delay.
(3) If either or both of the parties to labor relations disagree
over the way the decision made under paragraph (2) is interpreted
or implemented, they may request the competent Labor Relations
Commission for an interpretation thereof, in writing and by
attaching their opinions.
(4) If the special medication committee makes an interpretation
pursuant to Article 42-4 (4) in response to the request for
interpretation under paragraph (3), the Labor Relations Commission
shall notify the interpretation to the parties to labor relations in
writing and without delay.
(5) The procedure for application for a decision on the levels
of minimum services to be maintained, etc., under paragraph (1)
Nov. 30, 2007>
Article 22-4 (Method of Calculating Number of Strike Participants)
(1) The number of strike participants referred to in the latter
part of Article 43 (4) of the Act shall be calculated by counting
on a daily basis the number of workers who do not perform all
or part of their work during the working hours they must
work by reason of participation in the strike.
(2) An employer may, if necessary for calculating the number
of strike participants under paragraph (1), ask for cooperation
from the trade union.
Nov. 30, 2007>
Article 23 (Report of Private Mediation or Arbitration)
(1) The parties to labor relations shall, when they agree to
settle their labor dispute by means of private mediation or arbitration,
report this to the competent Labor Relations Commission under

the conditions prescribed by the Ordinance of the Ministry of

22269, Jul. 12, 2010>
(2) The report referred to under the provisions of paragraph
(1) may be made even when the mediation or arbitration referred
to under the provisions of Chapter V, Sections 2 through 4 of the
Act is under way.
(3) The parties to labor relations may, where the labor dispute
fails to be resolved by private mediation or arbitration stipulated
under the provision of Article 52 of the Act, apply, under the
conditions prescribed by the Ordinance of the Ministry of
Employment and Labor, to the competent Labor Relations
Commission for mediation or arbitration of the dispute pursuant
to the provisions of Chapter V, Section 2 or 3 of the Act. In
this case, the competent Labor Relations Commission shall start,
without delay, the procedure for the mediation or arbitration as
stipulated under the provisions of Chapter V, Section 2 or 3 of
Article 24 (Application for Mediation, etc., of Labor Dispute)
(1) The parties to labor relations shall, when they apply for
mediation or arbitration as stipulated under the provisions of
Article 53 (1) or 62 of the Act, make an application to the
competent Labor Relations Commission under the conditions
(2) The Labor Relations Commission which has received an
application referred to under the provisions of paragraph (1) shall,
where it deems the substance of the application not appropriate for
the mediation or arbitration as stipulated under the provisions
of Chapter V, Section 2 or 3 of the Act, make the parties
informed of the reasons for the inappropriateness and of other
means of settlement.
Article 25 (Notification of Mediation)
The Labor Relations Commission shall, when it has decided
to conduct mediation or arbitration pursuant to the provisions
of Articles 53, 62, 78 and 80 of the Act, without delay, inform
each of the parties concerned thereof in writing.
Article 26 (Composition of Mediation Committee)
The Labor Relations Commission shall, where it conducts
mediation of a labor dispute pursuant to the provisions of Article
▮▮ 409
53 of the Act, set up without delay, a mediation committee or

a special mediation committee for mediation of the dispute in
question.
Article 27 (Request for Interpretation of Mediation Proposal)
The parties to labor relations shall, when they request views
to be presented on the interpretation and implementation of the
mediation proposal stipulated under the provisions of Article 60
(3) of the Act, make the request in writing by entering the contents
of the mediation proposal and the opinions of the parties, etc.
Article 28 (Composition of Arbitration Committee)
The Labor Relations Commission shall, where it has decided
to arbitrate an labor dispute pursuant to the provisions of Article
62 of the Act, without delay set up a arbitration committee for
arbitration of the dispute in question.
Article 29 (Service of Written Arbitration Award)
(1) The Labor Relations Commission shall, when it has conducted
arbitration pursuant to the provisions of Article 68 (1) of the
Act, without delay serve the written arbitration award to each
of the parties concerned.
(2) The National Labor Relations Commission shall, when it
has reviewed the arbitration award delivered by a Regional Labor
Relations Commission or a Special Labor Relations Commission
pursuant to the provisions of Article 69 (1) of the Act, serve the
written review decision without delay to the parties concerned
and the Labor Relations Commission concerned, respectively.
Article 30 (Request for Interpretation of Arbitration Award)
(1) The parties to labor relations may, if there is any disagreement
in opinions between the parties over the interpretation and
implementation method of the arbitration award stipulated under
the provisions of Article 68 (1) of the Act, request the arbitration
committee in question to present clear views on the interpretation
or implementation method.
(2) The request to present opinions referred to in paragraph
(1) shall be made in writing entering the contents of the arbitration
award in question and the opinions of the parties, etc.
Article 31 (Payment of Allowances, etc.)
In respect of a person designated as a special mediator pursuant
to the provisions of the proviso of Article 72 (3) of the Act,
allowances and travel expenses payable to the members of the

Labor Relations Commission may be given within the limits of

the budget for the discharge of his/her functions.
Article 32 (Public Announcement of Emergency Adjustment)
The public announcement of a decision on emergency
adjustment stipulated under the provisions of Article 76 (3) of
the Act shall be made on newspapers, radio or in such a
manner as to enable the general public to get to know about it
as quickly as possible.
Article 33 (Delegation, etc., of Authority)
(1) Pursuant to the provisions of Article 87 of the Act, the
Minister of Employment and Labor shall delegate authority
relating to the matters listed in the following subparagraphs to
the head of the local employment and labor office which has
jurisdiction over the location of the principal office of a trade
union : Provided that this shall not apply with respect to an
association of trade unions and a nationwide industry-level trade
union : <Amended by Presidential Decree No. 22269, Jul. 12, 2010>
1. Acceptance of a report of establishment of a trade union
2. Issuance of, demand for revision of and return of a
certificate of report under Article 12 of the Act;
3. Acceptance of the report of alteration under Article 13 (1)
of the Act;
4. Receipt of a notification under Article 13 (2) of the Act;
5. Request for the resolution of the Labor Relations Commission
and designation of the person entitled to convoke extraordinary
general meetings, etc., under Article 18 (3) and (4) of the Act;
6. Corrective order issued against bylaws, resolutions or
measures under Article 21 of the Act;
7. Demand for the submission of materials under Article 27
of the Act;
under Article 28 (1) 4 of the Act and acceptance of the report
of dissolution under paragraph (2) of the same Article;
9. Acceptance of the report of a collective agreement under
Article 31 (2) of the Act and corrective orders issued
against a collective agreement under paragraph (3) of the
same Article;
10. Request for the resolution of the Labor Relations
Commission and a decision on and public notice of the
expanded regional application of a collective agreement
▮▮ 411

11. Deleted. <Presidential Decree No. 20397, Nov. 30, 2007>
and notification of an order to suspend industrial action
under Article 42 (3) and (4) of the Act;
13. Acceptance of the report of lockout under Article 46 (2)
of the Act;
14. Imposition of a fine for negligence under Article 96 of
the Act;
15. Demand for correction and notification under Article 9
(2) and (3);
16. Acceptance of a written report of alteration and issue of
a certificate of report of alteration under Article 10 (2)
and (3) (in case of Article 10 (2), delegated to the head
of the local employment and labor office having jurisdiction
over the new location of the principal office of the trade
union); <Amended by Presidential Decree No. 22269, Jul. 12,
2010>
17. Acceptance of the report of industrial action under Article
17;
18. Acceptance of the report of an act of violence, etc., under
Article 18
(2) Notwithstanding the provision of paragraph (1), the Minister
of Employment and Labor may, if it is deemed difficult for the
local employment and labor office having jurisdiction over the
location of the principal office of a trade union to handle or
necessary for effective operation of tasks, designate a local
employment and labor office and have it handle the case.
The Administrative Authorities or Labor Relations Commissions
may manage data containing resident registration numbers or
foreigner registration numbers under subparagraph 1 or 4 of
Article 19 of the Enforcement Decree of the Personal Information
Protection Act if it is inevitable in order to perform the following
duties:
1. Duties concerning report of the establishment of a trade
union under Article 10 (1) of the Act;
2. Duties concerning report of modifications to matters reported
with regard to the establishment, regular notification of
the status of a trade union, etc., under Article 13 of the Act;
3. Duties concerning remedies for unfair labor practices under

Article 82 (1) of the Act; and

4. Duties concerning demands for correction and notification
under Article 9 (2).
Jan. 6, 2012>

Article 96 (1) and (2) of the Act are provided for in Table 2.
Mar. 30, 2011>
Addenda<Presidential Decree No. 15321, Mar. 27, 1997>

(2) (Repeal of Other Laws)
The Enforcement Decree of the Trade Union and Labor
Relations Adjustment Act and the Enforcement Decree of the
Labor Dispute Adjustment Act shall be repealed, respectively.
(3) (Relationship to Other Laws)
At the time of entry into force of this Decree, if other Acts
or subordinate statutes cite the previous Enforcement Decree of
the Trade Union nd Labor Relations Adjustment Act, the
previous Enforcement Decree of the Labor Dispute Adjustment
Act or any provisions thereof and if there exist provisions
equivalent thereto under this Decree, such Acts or subordinate
statues shall be regarded as citing this Decree or the equivalent
provisions of this Decree in lieu of the previous provisions.
Addendum <Presidential Decree No. 15780, Apr. 27, 1998>
Addenda <Presidential Decree No. 16511, Aug. 6, 1999;

Revision of the Enforcement Decree of the Aviation Act>

(proviso omitted)
▮▮ 413
Article 2 Omitted.
Article 3 (Revision of Other Laws)
(1) Omitted.
(2) The Enforcement Decree of the Trade Union and Labor
Relations Adjustment Act shall be revised as follows :
“Aviation security facilities” in subparagraph 4 of Article 21
shall be changed to “air navigation safety facilities”.
Addendum <Presidential Decree No. 20397, Nov. 30, 2007>
Addenda <Presidential Decree No. 22030, Feb. 12, 2010>

14 and Articles 14-2 through 14-12 shall enter into force on July
1, 2011.
Article 2 (Organization and Operation of Task Force for Industrial
Relations Reform)
(1) The Minister of Labor shall set up a task force for industrial
relations reform and operates it until December 31, 2012 in
order to facilitate the implementation of the time-off system and
the exclusive bargaining representation system.
(2) Necessary matters concerning the organization and operation
of the task force for industrial relations reform shall be determined
by the Minister of Labor.

14-2, 14-3, 14-5, 14-7, 14-11 and 14-12 in Article 2 (55) of the
Addenda shall enter into force on July 1, 2011.

(55) Parts of the Enforcement Decree of the Trade Union

and Labor Relations Adjustment Act shall be revised as follows:
of Article 9 (1), Article 11-3 (1), Article 11-6 (1) and (6), Article 21
(6), parts other than each subparagraph of Article 33 (1) and Article
33 (2) shall be changed to “Minister of Employment and Labor”.
“Ministry of Labor” in Article 11-6 (2) and (4) shall be
changed to “Ministry of Employment and Labor”.
“Ordinance of the Ministry of Labor” in Article 14-2 (2),
Article 14-3 (1) and (2), Article 14-5 (1), parts other than each
subparagraph of Article 14-5 (4), Article 14-7 (3), (4) and (7),
Article 14-11 (6), Article 14-12 (1), Article 17, Article 22-3 (5),
Article 23 (1) and (3), Article 24 (1) and Article 34 (4) shall be
changed to “Ordinance of the Ministry of Employment and Labor”.
“local labor offices” in parts other than each subparagraph
of Article 33 (1), subparagraph 16 of Article 33 (1) and Article
33 (2) shall be changed to "local employment and labor offices".

Article 2 (Transitional Measures concerning Criteria for Imposition
of Fine for Negligence)
(2) The imposition of fines for negligence for offenses
included in calculating the number of offenses under the amended
provisions of Table 2.
Addenda <Presidential Decree No. 23488, Jan. 6, 2012; Revision of the

Enforcement Decree of the Act on the Submission and Management of
Taxation Data to Provide a Basis for the Management of Sensitive
Information and Unique Identifying Information>

<Proviso Omitted>
Article 2 Omitted.
▮▮ 415
[Table 1] <Newly Inserted on Nov. 30, 2007>
Minimum Services to Be Maintained in Each Essential Public Service

(Relating to Article 22-2)
1. Minimum services for the railway and urban railway service.

A. Operation of railway/urban railway trains;
B. Railway/urban railway traffic control (including the operation of
railway signals, etc., at stations, train depots, etc.);
C. Maintenance and management of electrical facilities and installations
necessary for the operation of railway/urban railway trains;
D. Maintenance and management of signalling facilities and installations
necessary for the operation of railway/urban railway trains and for
passenger safety;
E. Maintenance and management of communication facilities and
installations necessary for the operation of railway/urban railway trains;
F. Daily train checkup or maintenance necessary for safe operation; and
G. Checkup and repair of railway tracks.
2. Minimum services for the air transport service:

A. Check-in services for passengers and crew;
B. Security checks on passengers, crew, baggage, etc.;
C. Aircraft piloting;
D. Cabin services;
E. Establishment of flight plans and monitoring and control of aircraft
operation;
F. Maintenance and repair of aircraft operation systems and communication
facilities;
G. Aircraft maintenance (excluding window maintenance);
H. Duties concerning safety or security measures taken by air transport
business operators in accordance with laws and regulations,
international agreements or destination countries' demands relating to
aviation safety and security;
I. Aircraft taxiing and towing;
J. Supply of fuel and ground power to aircraft;
K. Removal of snow and ice from aircraft;
L. Operation of facilities and vehicles used for passenger unboarding;
M. Loading and off-loading of baggage and emergency apparatus; and
N. Maintenance and operation of navigation safety facilities under
subparagraph 16 of Article 2 of the Aviation Act and aircraft take-off
and landing facilities (including the control of such facilities).

3. Minimum services for the water supply service:

A. Operation of water intake facilities, water purification facilities
(including small-scale automated purification facilities), pressurizing
facilities and water distribution facilities;
B. Operation of integrated waterworks systems and measuring and
control facilities; and
C. Emergency repair of waterworks and duties required to comply with
statutory standards, procedures, etc., for water supply.
4. Minimum services for the electricity supply service:

A. Minimum services in the electricity generation sector:
1) Operation of electricity generation facilities (including technical
support for such operation);
2) Inspection and maintenance of electricity generation facilities
(excluding technical and administrative support for such
maintenance) and safety management.
B. Minimum services in the electricity transmission, transformation and
distribution sector:
1) Electricity supply services for local areas (excluding the patrolling
and inspection of unmanned substations);
2) Testing and correction of protection relays to protect power systems;
3) Monitoring and control of electricity distribution facilities through
distribution switches and automation systems, and emergency
conversion of distribution lines;
4) Operation of communication centers (including supervisory control
and data acquisition systems for power systems) to protect power
systems;
5) Operation of communication security and control centers;
6) Load control in the case of power supply emergency;
7) Emergency repair of electricity transmission, transformation and
distribution facilities.
C. Minimum services in the power trading sector:
1) Control of power supply and electricity transmission systems;
2) Emergency load dispatching services, including the establishment of
a plan for the stable operation of power systems based on
short-term electrical load forecasts covering less than one week
ahead;
3) Operation of data processing rooms to operate power systems,
etc.(including access and security control).
▮▮ 417
5. Minimum services for the gas supply service (excluding the liquefied
petroleum gas supply service):
A. Receipt, manufacturing, storage and supply of natural gas; and
B. Emergency maintenance and safety management of facilities relating to
item A.
6. Minimum services for the oil refinery and supply service (including the
liquefied petroleum gas supply service):
A. Receipt, manufacturing, storage and supply of oil (excluding natural
gas); and
B. Emergency maintenance and safety management of facilities relating to
item A.
7. Minimum services for hospitals

A. Emergency medical services under subparagraph 2 of Article 2 of the
Emergency Medical Service Act;
B. Duties concerning treatment of seriously ill patients, childbirth
(including the nursing care of newborn babies), operations and
dialyses; and
C. Duties concerning anesthesia, diagnostic examinations (including
imaging tests), emergency medication, therapeutic diets for patients,
oxygen supply, emergency power generation and cooling and heating,
which are carried out to support the performance of duties under
items A and B.
8. Minimum services for the blood supply service:

A. Blood collection and testing of collected blood;
B. Manufacturing of blood products (limited to those used for
transfusion; the same shall apply hereinafter in this paragraph) under
subparagraph 6 of Article 2 of the Blood Management Act; and
C. Transport of blood and blood products.
9. Minimum services for the Bank of Korea:

A. Duties concerning monetary and credit policies under Articles 6, 28
and 29 of the Bank of Korea Act and the operation of the Bank of Korea;
B. The following duties under Articles 47 through 86 of the Bank of
Korea Act:
1) Duties concerning the issue of Bank of Korea notes, for which the
Bank of Korea is responsible;
2) Duties concerning deposits and reserve requirements of financial
institutions;

3) Duties concerning loans, payments and settlements, etc., for financial

institutions.
C. Operation of various computer systems, communication, and facility
protection required to support the execution of duties under items A
and B; and
D. Duties delegated or entrusted to the Bank of Korea pursuant to other
Acts and subordinate statutes.
10. Minimum services for the communication service:

A. Operation and management of backbone networks and access networks;
B. Acceptance of complaints about communication interruptions and
repair of such interruptions;
C. Basic postal services under Article 14 of the Postal Service Act; and
D. Identification and special delivery services among extra postal services
under Article 15 of the Postal Service Act.
▮▮ 419

1. General criteria
A. The criteria for the imposition of fines for negligence according to the
number of offenses shall apply to cases where a fine for negligence
has been imposed for the same offense in the past three years. In
such cases, the number of offenses shall be calculated based on the
date on which a fine for negligence was imposed for the relevant
offense and the date on which the same offense was found again.
B. The period for which a failure to comply with the obligation is
deemed to be due to a natural disaster or other unavoidable reasons
shall not be included in calculating the delay period specified in
items A, D through F of subparagraph 2.
C. The administrative authorities may reduce the amount of fine for
negligence under subparagraph 2 by up to half if an offender falls
under any of the following:
such as minor carelessness or error, etc.;
2) Where the violation is a minor one in terms of substance and degree
and is deemed to have inflicted little social damage;
3) Where the offender is deemed to have made efforts to redress or
resolve the violation of law; and
4) Other cases where it is deemed necessary to reduce the amount of
fine for negligence in consideration of the degree of offense, the
motive and consequences of offense, etc.
Relevant Amount of fine

Offense
provision for negligence
A. Where a person fails to report modifications under Article 96 (2)
Article 13 (1) of the Act or fails to give notification of the Act
under paragraph (2) of the same Article:
1) Where the report or notification is delayed for 300,000 won
less than 1 month;
2) Where the report or notification is delayed for 1 600,000 won
month or more but less than 6 months
3) Where the report or notification is delayed for 6 1.2 million won
months or more but less than 12 months

Relevant Amount of fine

Offense
provision for negligence
4) Where the report or notification is delayed for 12 2 million won
months or more, or no report is made
B. Where a person fails to keep documents in Article 96 (1)
violation of Article 14 (1) of the Act or fails to 1 of the Act
preserve documents for three years in violation
of paragraph (2) of the same Article:
1) First violation 1 million won
2) Second violation 2 million won
3) Third and subsequent violations 3 million won
C. Where a person fails to make a report under Article 96 (1)
Article 27 of the Act or makes a false report: 2 of the Act
1) First violation 1.5 million won
2) Second and subsequent violations 3 million won
D. Where a person fails to make a report under Article 96 (2)
Article 28 (2) of the Act: of the Act
1) Where the report is delayed for less than 1 month 300,000 won
2) Where the report is delayed for 1 month or 600,000 won
more but less than 6 months
3) Where the report is delayed for 6 months or 1.2 million won
4) Where the report is delayed for 12 months or 2 million won
more, or no report is made
E. Where a person fails to make a report under Article 96 (2)
Article 31 (2) of the Act: of the Act
2) Where the report is delayed for 1 month or 600,000 won
3) Where the report is delayed for 6 months or 1.2 million won
F. Where a person fails to make a report under Article 96 (1)
Article 46 (2) of the Act: 3 of the Act
2) Where the report is delayed for 1 month or 1 million won
▮▮ 421
ACT ON THE PROMOTION OF WORKER

PARTICIPATION AND COOPERATION
Act No. 5312, Mar. 13, 1997

Act No. 6510, Aug. 14, 2001
Act No. 8295, Jan. 26, 2007
Act No. 8372, Apr. 11, 2007
Act No. 8815, Dec. 27, 2007
Act No. 10339, Jun. 4, 2010
CHAPTER I
General Provisions
Article 1 (Purpose)
The purpose of this Act is to seek industrial peace and to
contribute to the development of the national economy by
promoting the common interests of labor and management
through the participation and cooperation of both workers and
employers. <This Article Wholly Amended by Act No. 8815, Dec.
27, 2007>
Article 2 (Good Faith Obligation)
Employers and workers shall consult with each other in
good faith and on the basis of mutual trust.
Terms used in this Act are defined as follows :
1. The term “Labor-Management Council” means a consultative
body formed to promote the welfare of workers and seek
the sound development of the business through the
participation and cooperation of workers and employers;
2. The term “worker” means a worker provided for in Article
2 of the Labor Standards Act;
3. The term “employer” means an employer provided for in
Article 2 of the Labor Standards Act.
<This Article Wholly Amended by Act No. 8815, Dec. 27,
2007>

ACT ON THE PROMOTION OF WORKER PARTICIPATION AND COOPERATION
Article 4 (Establishment of Labor-Management Council)

(1) A Labor-Management Council (hereinafter referred to as
“Council”) shall be established in each business or workplace
which is vested with the right to decide working conditions:
Provided that this shall not apply to businesses or workplaces
with less than 30 workers are ordinarily employed.
(2) If one business has any workplace in a different region,
a Council may be established at such workplace.
Article 5 (Relationship with Trade Union)
Collective bargaining or any other activity of a trade union
shall not be affected by this Act.
CHAPTER Ⅱ
Composition of Council
Article 6 (Composition of Council)

(1) A Council shall be composed of equal numbers of
members representing the employer and members representing
the workers, and each number shall be not less than three but
not more than ten.
(2) Members representing workers (hereinafter referred to as
“workers’ members”) shall be elected by the workers, and if
there is a trade union composed of a majority of workers, the
representative of the trade union and persons appointed by the
trade union shall be workers' members.
(3) Members representing employers (hereinafter referred to
as “employers' members”) shall be the representative of the
business or workplace concerned and persons appointed by such
representative.
(4) Necessary matters concerning the election and appointment
of workers’ members or employers’ members shall be prescribed
in the Presidential Decree.
Article 7 (Chairperson and Secretary)
(1) A Council shall have a chairperson, and the chairperson
▮▮ 423
shall be elected by mutual vote from among members. In this

case, each one from workers’ members and employers’ members
may be a co-chairperson.
(2) The chairperson shall represent the Council and have
overall control over meetings thereof.
(3) Labor and management, each, shall have a secretary in
charge of clerical work, such as recording the results of meetings,
etc.
(1) The term of office of members shall be three years and
renewable.
(2) The term of office for a member elected to fill a vacancy
shall be the remaining term of the predecessor.
(3) A member shall continue to perform his/her duties until
his/her successor is elected even though the term of his/her
office has expired.
Article 9 (Status of Members)
(1) Members shall be non-standing and unpaid.
(2) An employer shall not take any disadvantageous action
against workers’ members in connection with the performance of
their duties as members of the Council.
(3) Hours for which a member attends a meeting of the Council
and hours which are directly related thereto, as prescribed in
Council bylaws under Article 18 shall be regarded as hours
worked.
Article 10 (Duty of Employer)
(1) No employer shall intervene in or interfere with an
election of workers' members.
(2) An employer shall offer basic convenience, such as use
of place, etc., for activities of workers’ members.
Article 11 (Order of Correction)
If an employer takes any disadvantageous action against
workers' members in violation of Article 9 (2) or intervene in
or interfere with an election of workers' members in violation
of Article 10 (1), the Minister of Employment and Labor may
order him/her to correct such violation. <Amended by Act No.

10339, Jun. 4, 2010>

CHAPTER Ⅲ
Operation of Council
(1) A Council shall hold a meeting regularly every three
months.
(2) A Council may hold an extraordinary meeting if it is
deemed necessary.
Article 13 (Calling of Meetings)
(1) The chairperson shall convene and preside over meetings
of the Council.
(2) If the representatives of either labor or management
requests a meeting to be held, specifying the purposes of the
meeting in writing, the chairperson shall accept the request.
(3) The chairperson shall notify each member of the date,
place, agenda, etc. of a meeting seven days prior to the meeting.
Article 13-2 Deleted. <Act No. 8815, Dec. 27, 2007>
Article 14 (Provision of Materials in Advance)
A workers' member may request materials relating to
matters subject to consultation under Article 20 (1) and matters
subject to resolution under Article 21 among the agenda items
notified under Article 13 (3) from the employer before the opening
of a council meeting, and the relevant employer shall sincerely
comply with such request: Provided that this shall not apply if
the requested materials concern the management or business
secrets of the enterprise, or personal information.
Article 15 (Quorum)
A meeting shall be held with the attendance of a majority
of workers' members and a majority of employers' members,
and pass a resolution with the approval of two-thirds or more
of the members present.
▮▮ 425
Article 16 (Opening of Meetings)
Council meetings shall be open to the public: Provided that they
may not be open to the public upon a resolution of the Council.
Article 17 (Duty of Confidentiality)
Members of a Council shall not divulge any confidential matters
which come to their knowledge at a meeting of the Council.
Article 18 (Bylaws of Council)
(1) A Council shall establish bylaws (hereinafter referred to
as "Council bylaws") governing the organization and operation
of the Council, and shall submit it to the Minister of Employment
and Labor within fifteen days from the date of establishment of
the Council. The same shall apply in case where they are
amended. <Amended by Act No. 10339, Jun. 4, 2010>
(2) Necessary matters concerning details stipulated by Council
bylaws and procedures for establishment, amendment, etc., thereof
Article 19 (Keeping of Meeting Minutes)
(1) A Council shall draw up and keep minutes of its meetings
containing the following matters:
1. Date, time and place of each meeting;
2. Members present at each meeting;
3. Contents of consultation and matters decided at each meeting;
4. Other matters discussed at each meeting.
(2) Meeting minutes taken pursuant to paragraph (1) shall
be kept for three years from the date they are taken.
CHAPTER Ⅳ
Functions of Council
Article 20 (Matters Subject to Consultation)

(1) Matters subject to consultation at meetings of a Council
are as follows:

1.Productivity improvement and gain sharing;

2.Recruitment, placement, education and training of workers;
3.Handling of workers' grievances;
4.Improvement of occupational safety and health and other
work environments and promotion of workers’ health;
5. Improvement of personnel and labor management systems;
6. General rules for employment adjustment, such as assignment
and transfer, retraining and dismissal of workers for
managerial or technological reasons, etc.;
7. Administration of working hours and recess hours;
8. Improvement of wage payment methods, wage structure,
wage system, etc;
9. Introduction of new machines and technologies or improvement
of work processes;
10. Establishment or revision of work rules;
11. Employees’ stock ownership plans and other supports for
the creation of workers’ wealth;
12. Matters concerning rewards given to workers for their
work-related inventions, etc.
13. Promotion of workers' welfare;
14. Installation of employee surveillance equipment within a
workplace;
15. Matters concerning the maternity protection of female
workers and support for reconciliation between work
and family life;
16. Other matters concerning labor-management cooperation
(2) A Council may pass a resolution as to matters specified
in each subparagraph of paragraph (1) in accordance with the
quorum requirements under Article 15.
Article 21 (Matters Subject to Resolution)
An employer shall seek a resolution of the Council on
matters falling under any of the following subparagraphs:
1. Establishment of basic plans for the education and training
and skills development of workers;
2. Setting up and management of welfare facilities;
3. Establishment of an employee welfare fund ;
4. Matters not resolved by the grievance handling committee;
5. Establishment of various labor-management cooperative
committees.
▮▮ 427
Article 22 (Matters Requiring Report, etc.)

(1) An employer shall report or explain matters falling under any
of the following subparagraphs in good faith at a regular meeting:
1. Matters concerning overall management plans and results;
2. Matters concerning quarterly production plans and results;
3. Matters concerning manpower plans;
4. Economic and financial conditions of the enterprise.
(2) Workers’ members may report and explain workers’ demands.
(3) If an employer fails to make a report or give an explanation
pursuant to paragraph (1), workers’ members may request the
employer to submit documents concerning matters described in
each subparagraph of paragraph (1), and the employer shall
comply with such request in good faith.
Article 23 (Public Notice of Resolutions)
A Council shall promptly notify workers of resolutions passed
by it.
Article 24 (Implementation of Resolutions)
Both workers and employers shall implement in good faith
resolutions passed by the Council.
Article 25 (Voluntary Arbitration)
(1) In any of the following cases, a Council may settle disputes
through an arbitration body set up within the Council under
agreement between workers’ members and employers’ members,
or refer disputes to a labor relations commission or any other
third party for arbitration:
1. Where the Council fails to pass a resolution on matters
subject to resolution under Article 21;
2. Where there is any disagreement on interpretation,
implementation method, etc., for resolutions passed by
the Council.
(2) If an arbitration decision is rendered under paragraph
(1), it shall be deemed to have undergone a resolution by the
Council, and both workers and employers shall comply with
such decision.

CHAPTER V
Grievance Handling
Article 26 (Members of Grievance Handling Committee)

Every business or workplace shall have a grievance handling
committee in order to hear and handle workers’ grievances :
Provided that this shall not apply to businesses or workplaces
with less than 30 workers are ordinarily employed.
Article 27 (Composition of Grievance Handling Committee and Term
of Office)
(1) A grievance handling committee shall be composed of
not more than three members representing labor and management,
and in case of a business or workplace where a Council is
established, the Council shall select such members from among
its members and in case of a business or a workplace where no
Council is established, the employer shall appoint them.
(2) Article 8 stipulating the term of office of Council
members shall apply mutatis mutandis to the term of office of
members of a grievance handling committee.
Article 28 (Grievance Handling)
(1) If a member of a grievance handling committee hears
from a worker about grievances, he/she shall inform the worker
concerned of the measures taken and other results of handling
within ten days.
(2) Matters deemed difficult for members of a grievance
handling committee to deal with shall be brought before the
Council and settled through consultation at its meeting.
CHAPTER Ⅵ

▮▮ 429
under this Act may be delegated in part to the heads of local

employment and labor offices, as prescribed by the Presidential
CHAPTER Ⅶ
Penal Provisions

A person falling under any of the following subparagraphs
shall be punished by a fine not exceeding ten million Won:
1. A person who refuses or obstructs, without justifiable
reasons, the establishment of a Council under Article 4 (1);
2. A person who fails, without justifiable reasons, to implement
a resolution passed by a Council in contravention of Article
24;
3. A person who fails, without justifiable reasons, to implement
an arbitration decision in contravention of Article 25 (2).
If an employer fails, without justifiable reasons, to comply
with a correction order issued under Article 11 or the obligation
to submit documents under Article 22 (3), he/she shall be
punished by a fine not exceeding five million Won.
If an employer fails to hold a Council meeting regularly in
violation of Article 12 (1) or appoint members of a grievance
handling committee under Article 25, he/she shall be punished
by a fine not exceeding two million won.
(1) If an employer fails to submit Council bylaws in
violation of Article 18, he/she shall be punished by a fine for
negligence not exceeding two million won.
(2) The fine for negligence prescribed in paragraph (1) shall

Labor under the conditions prescribed by the Presidential

fine for negligence pursuant to paragraph (2) may raise an
objection to the Minister of Employment and Labor within 30
days from the date on which he/she is notified of such
imposition. <Amended by Act No. 10339, Jun. 4, 2010>
(4) If a person subject to the imposition of a fine for
negligence to paragraph (2) raises an objection pursuant to
paragraph (3), the Minister of Employment and Labor shall
notify, without delay, the competent court of this and the court
so notified shall proceed with a trial on a fine for negligence
pursuant to the Non-Contentious Case Litigation Procedure Act.
(5) If an objection is not raised nor is the fine for negligence
paid within the period prescribed in paragraph (3), the fine for
negligence shall be collected according to the process for
recovery of national taxes in arrears.

0Article 2 (Revision of Other Laws)
Parts of the Workers Vocational Skills Development Act
shall be revised as follows :
"Article 20" in Article 20 (2) 3 shall be changed to "Article 21".
References to the previous Act on the Promotion of Worker
Participation and Cooperation or any provisions thereof in other
Acts or subordinate statues at the time this Act enters into force
shall be deemed as references to this Act or the corresponding
provisions thereof, if any, in lieu of the previous Act or its provisions.

<Proviso omitted>
▮▮ 431

Parts of the Act on the Promotion of Worker Participation
and Cooperation shall be revised as follows:
"Minister of Labor" in Article 11, the former part of Article
18 (1), Article 29 and Article 33 (2) through (4) shall be
changed to "Minister of Employment and Labor".
"Local labor office" in Article 29 shall be changed to "local
employment and labor office".
Article 5 Omitted.

ENFORCEMENT DECREE OF THE ACT ON THE PROMOTION OF WORKER PARTICIPATION AND COOPERATION
ENFORCEMENT DECREE OF THE ACT ON THE PROMOTION

OF WORKER PARTICIPATION AND COOPERATION
Presidential Decree No. 15323, March 27, 1997

Wholly amended by Presidential Decree No. 20804, Jun. 5, 2008
Article 1 (Purpose)
by the Act on the Promotion of Worker Participation and
Cooperation and matters necessary for the enforcement thereof.
Article 2 (Scope of Establishment)
In applying Article 4 (1) of the Act on the Promotion of
Worker Participation and Cooperation (hereinafter referred to as
the "Act"), if the total number of workers engaged in one
business is not less than thirty persons, a Labor-Management
Council (hereinafter referred to as the "Council") referred to in
subparagraph 1 of Article 3 of the Act shall be established at
the principal office thereof, even when the relevant workers are
dispersed in different regions.
Article 3 (Election of Workers' Members)
(1) Workers' members of a business or workplace where a
trade union consisting of a majority of workers is not organized
as prescribed in Article 6 (2) and (4) of the Act shall be elected
by workers by direct, secret and unsigned ballot : Provided
that, if deemed unavoidable due to any special characteristics of
a business or workplace, workers electing workers’ members
(hereinafter referred to as the “workers’ member voters”) may
be elected in the first place in a number proportional to the
number of workers of each department, and then the workers’
members may be elected by a majority of workers’ member
voters by direct, secret and unsigned ballot.
(2) A person who intends to run for a workers’ member
shall be a worker at the business or workplace concerned, and
shall obtain recommendation from ten or more workers at the
said business or workplace.
Article 4 (Substitute Member)
▮▮ 433
When a vacancy arises for a workers' member, a substitute

member shall be appointed or elected within 30 days, and in
case of a business or workplace without a trade union consisting
of a majority of workers, the runner-up chosen based on the
number of votes won in the workers' member election from among
those who failed to be elected may become the workers' member.
Article 5 (Bylaws of Council)
(1) The bylaws of a Council (hereinafter referred to as "
bylaws of a Council") under Article 18 of the Act shall contain
matters described in any of the following subparagraphs:
1. Number of council members;
2. Matters concerning the procedures for election of workers'
members and the registration of candidates;
3. Matters concerning qualifications for employers’ members;
4. Matters concerning hours regarded as hours worked by
council members under Article 9 (3) of the Act;
5. Matters concerning the calling of meetings, sessions and
operation, etc. of the Council;
6. Matters concerning the method of and procedures for
voluntary arbitration under Article 25 of the Act;
7. Matters concerning the number of grievance handling
members and the handling of grievances
(2) If the bylaws of a Council are established or amended,
such establishment or amendment shall be passed by the Council.
Article 6 (Keeping of Minutes)
Meeting minutes under Article 19 of the Act shall be signed
or sealed by all of the members present.
Article 7 (Procedure for Grievance Handling)
If a worker has a grievance, he/she may report it to a
grievance handling member prescribed in Article 26 of the Act
verbally or in writing. In this case, the grievance handling
member who receives such report shall handle it without delay.
Article 8 (Status and Treatment of Grievance Handling Members)
(1) A grievance handling member shall serve on a non-
standing and no-remuneration basis.
(2) An employer shall not take any disadvantageous action
against a grievance handling member in relation to the performance
of his/her duties.
(3) The hours spent by a grievance handling member to
consult about the handling of grievances or to handle grievances
shall be regarded as hours worked.

ENFORCEMENT DECREE OF THE ACT ON THE PROMOTION OF WORKER PARTICIPATION AND COOPERATION
Article 9 (Keeping of Ledger)

A grievance handling member shall draw up and keep a
ledger relating to the receipt and handling of grievances and
preserve it for one year.
Pursuant to Article 29 of the Act, the Minister of Employment
and Labor shall delegate the authority described in any of the
labor offices: <Amended by Presidential Decree No. 22269, Jul. 12, 2010>
1. Issuance of correction orders under Article 11 of the Act;
2. Receipt of the bylaws of a council under Article 18 of the Act;
3. Imposition and collection of a fine for negligence under

This Decree shall enter into force on June 22, 2008.
References to the provisions of the previous Presidential
Decree of the Act on the Promotion of Worker Participation
and Cooperation in other Acts or subordinate statues at the
time this Decree enters into force shall be deemed as references
to the corresponding provisions of this Decree, if any, in
lieu of the previous provisions.

<Proviso omitted>
(45) Parts of the Enforcement Decree of the Act on the
Promotion of Worker Participation and Cooperation shall be
revised as follows :
"Minister of Labor" and "local labor offices" in parts other
than each subparagraph of Article 10 shall be changed to
"Minister of Employment and Labor" and "local employment
and labor offices" respectively.
▮▮ 435
4. LABOR STANDARDS
LABOR STANDARDS ACT

Act No. 5309, Mar. 13, 1997

Act No. 5510, Feb. 20, 1998
Act No. 5885, Feb. 8, 1999
Act No. 6507, Aug. 14, 2001
Act No. 6974, Sep. 15, 2003
Act No. 7379, Jan. 27, 2005
Act No. 7465, Mar. 31, 2005
Act No. 7566, May 31, 2005
Act No. 8072, Dec. 21, 2006
Act No. 8074, Dec. 21, 2006
Act No. 8293, Jan. 26, 2007
Wholly Amended by Act No. 8372, Apr. 11, 2007
Act No. 8435, May 17, 2007
Act No. 8561, Jul. 27, 2007
Act No. 8781, Dec. 21, 2007
Act No. 8960, Mar. 21, 2008
Act No. 9038, Mar. 28, 2008
Act No. 9699, May 21, 2009
Act No. 10303, May 17, 2010
Act No. 10319, May 25, 2010
Act No. 10339, Jun. 4, 2010
Act No. 10366, Jun. 10, 2010
Act No. 10719, May 24, 2011
Act No. 11270, Feb. 1, 2012
Act No. 12325, Jan. 21, 2014
Act No. 12527, Mar. 24, 2014
CHAPTER I
General Provisions
Article 1 (Purpose)
The purpose of this Act is to set the standards for the
conditions of labor in conformity with the constitution, thereby
securing and improving the living standards of workers and
achieving a well-balanced development of the national economy.
(1) Terms used in this Act are defined as follows:
1. The term “worker” in this Act means a person who offers
work to a business or workplace to earn wages, regardless
of kinds of job he/she is engaged in.

LABOR STANDARDS ACT
2. The term “employer” in this Act means a business owner,

or a person responsible for management of a business or
a person who works on behalf of a business owner with
respect to matters relating to workers.
3. The term “work” in this Act means mental or physical work.
4. The term “labor contract” in this Act means a contract
which is entered into in order for a worker to offer work
and for an employer to pay wages for that work.
5. The term “wages” in this Act means wages, salaries and
any other money and valuable goods an employer pays
to a worker for his/her work, regardless of how such
payments are termed.
6. The term “average wages” in this Act means the amount
calculated by dividing the total amount of wages paid to
the relevant worker during three calendar months prior to
the date on which the event necessitating such calculation
occurred by the total number of calendar days during
those three calendar months. This shall also apply mutatis
mutandis to less than three months of employment.
7. The term “contractual working hours” in this Act means
working hours on which workers and employers have
made an agreement within the limit of working hours
under Article 50 or Article 69 of this Act, or Article 46 of
the Occupational Safety and Health Act.
8. The term “part-time worker” in this Act means an employee
whose contractual working hours per week are shorter
than those of a full-time worker engaged in the same
kind of job in the same workplace.
(2) If the amount calculated pursuant to subparagraph 6 of
paragraph (1) is lower than the ordinary wages of the worker
concerned, the amount of the ordinary wages shall be deemed
the average wages.
Article 3 (Standards of Working Conditions)
The working conditions provided herein shall prescribe the
minimum standards and the parties to employment relations,
therefore, shall not reduce the working conditions under the
pretext of compliance with this Act.
Article 4 (Determination of Working Conditions)
The working conditions shall be determined based upon the
mutual agreement between employers and workers, on an equal
footing.
▮▮ 437
4. LABOR STANDARDS
Article 5 (Observance of Working Conditions)

Both employers and workers shall comply with collective
agreements, rules of employment, and terms of labor contracts,
and abide by them in good faith.
Article 6 (Equal Treatment)
No employer shall discriminate against workers on the basis
of gender, or give discriminatory treatment in relation to the
working conditions on the basis of nationality, religion or social
status.
Article 7 (Prohibition of Forced Labor)
No employer shall force a worker to work against his own
free will through the use of violence, intimidation, confinement
or any other means which unlawfully restrict mental or physical
freedom.
Article 8 (Prohibition of Violence)
No employer shall physically abuse a worker for the occurrence
of accidents or for any other reason.
Article 9 (Elimination of Intermediary Exploitation)
Unless otherwise provided by any Act, no one shall either
intervene in the employment of other person for the purpose of
making a profit, or gain benefit as an intermediary.
Article 10 (Guarantee of Exercise of Civil Rights)
No employer shall reject a request from a worker to grant
time necessary to exercise franchise or other civil rights, or to
perform official duties during his working hours. However, the
time requested may be changed, provided that such change
does not impede the exercise of those rights or performance of
those civil duties.
(1) This Act shall apply to all businesses or workplaces in
which five or more workers are ordinarily employed. This Act,
however, shall not apply to any business or workplace which
employs only relatives living together, and to a worker who is
hired for domestic work.
(2) With respect to businesses or workplaces which ordinarily
employs fewer than five workers, only part of the provisions of
this Act may be made applicable as prescribed by the Presidential
Decree.

LABOR STANDARDS ACT
(3) In the application of this Act, the method of calculating

the number of workers ordinarily employed shall be prescribed
by the Presidential Decree. <Newly Inserted by Act No. 8960,
Mar. 21, 2008>
This Act and the Presidential Decree issued in accordance
with this Act shall apply to the State, Special Metropolitan City,
metropolitan cities, provinces, Sis, Guns, Gus, Eups, Myeons,
Dongs, or other equivalents there to.
Article 13 (Duty to Report and Attend)
An employer or a worker shall, without delay, report on
matters required, or shall present himself, if the Minister of
Employment and Labor, the Labor Relations Commission under
the Labor Relations Commission Act (hereinafter referred to as
“Labor Relations Commission”) or a Labor Inspector requests to
do so in relation to the enforcement of this Act. <Amended by
Act No. 10339, Jun. 4, 2010>
Article 14 (Publicity of Purport, etc., of Acts and Subordinate Statutes)
(1) An employer shall keep workers informed of the main
points of this Act, the Presidential Decree promulgated pursuant
hereto, and the rules of employment, by posting at all times or
keeping them where workers have free access.
(2) An employer shall keep workers living in the dormitory
informed of the provisions regarding dormitory, prescribed by
the Presidential Decree referred to in paragraph (1), and the
dormitory rules under Article 99 (1), by posting or keeping them
in the dormitory.
CHAPTER Ⅱ
Labor Contract
Article 15 (Labor Contract contrary to This Act)

(1) A labor contract which establishes working conditions
which do not meet the standards provided for in this Act shall
be null and void to that extent.
(2) Those conditions invalidated in accordance with the
provisions of paragraph (1) shall be governed by the standards
▮▮ 439
4. LABOR STANDARDS
provided in this Act.

Article 16 (Term of Contract)
The term of a labor contract shall not exceed one year,
except in cases where no term is fixed or a term is fixed as
necessary for the completion of a project.
Article 17 (Statement of Working Conditions)
(1) An employer shall clearly state the matters described in
any of the following subparagraphs. The same shall apply in
the case of altering the following matters after a labor contract
is made: <Amended by Act No. 10319, May 25, 2010>
1. Wages;
2. Contractual working hours;
3. Holidays under Article 55;
4. Annual paid leave under Article 60;
5. Other working conditions prescribed by the Presidential
Decree.
(2) An employer shall issue a worker with a written statement
specifying the components of, and methods of calculation and
payment of, the wages referred to in paragraph (1) 1 and
matters described in subparagraphs 2 through 4: Provided that
if the matters above are altered due to the reasons prescribed
by the Presidential Decree, such as changes in collective agreements
or employment rules, etc., the statement shall be issued to the
worker at his/her request. <Newly Inserted by Act No. 10319,
May 25, 2010> <Enforcement Date Jan. 1, 2012>
Article 18 (Working Conditions for Part-time Worker)
(1) Working conditions for part-time workers shall be
determined on the basis of the relative ratio of their working
hours computed in comparison with those of full-time workers
engaged in the same kind of job in the same workplace.
(2) The criteria or other matters to be considered for the
determination of working conditions under paragraph (1) shall
(3) With respect to workers whose contractual working
hours are an average of less than 15 hours per week over a
four-week period (the employment period, in cases where they
are employed for less than four weeks), Articles 55 and 60 shall
not apply. <Amended by Act No. 8960, Mar. 21, 2008>
Article 19 (Violation of Working Conditions)
(1) If any of the working conditions set forth in accordance

LABOR STANDARDS ACT
with Article 17 is found to be inconsistent with the actual

conditions, the worker concerned shall be entitled to claim
damages resulting from the breach of the working conditions or
may terminate the labor contract forthwith.
(2) Any worker who intends to claim for damages in
accordance with paragraph (1), may do so with the Labor Relations
Commission. If a labor contract has been terminated, an employer
shall pay travel expenses to a worker who changes his
residence for the purpose of securing a new job.
Article 20 (Prohibition of Predetermination of Nonobservance)
No employer shall enter into a contract by which a penalty
or indemnity for possible damages incurred from breach of a
labor contract is predetermined.
Article 21 (Prohibition of Offsetting Wages against Advances)
No employer shall offset wages against an advance or other
credits given in advance on the condition of worker's labor.
Article 22 (Prohibition of Compulsory Saving)
(1) No employer shall enter into a contract with a worker,
in addition to a labor contract, which stipulates compulsory
savings or the management of savings.
(2) If an employer is entrusted by a worker to manage his
savings, the said employer shall observe the matters described
in the following subparagraphs:
1. The type and period of savings and financial institutions
which manage the savings shall be determined by the
concerned worker and the savings account shall be under
the name of the worker;
2. Upon request of the concerned worker to see the related
materials such as savings certificate, etc., or have them
returned, the employer shall immediately comply with the
request.
Article 23 (Restriction on Dismissal, etc.)
(1) No employer shall dismiss, lay off, suspend, or transfer
a worker, or reduce wages, or take other punitive measures
(hereinafter referred to as “unfair dismissal, etc.”) against a worker
without justifiable reasons.
(2) No employer shall dismiss any worker during a period
of temporary interruption of work for medical treatment of an
occupational injury or disease and within 30 days thereafter,
and any female worker during a period of temporary interruption
▮▮ 441
4. LABOR STANDARDS
of work before and after childbirth as provided herein and

within 30 days thereafter. Provided that if an employer has
paid lump sum compensation pursuant to Article 84 hereof or
is not able to continue his business, this shall not apply.
Article 24 (Restriction on Dismissal for Managerial Reasons)
(1) Dismissal of a worker by an employer for managerial
reasons shall be based on urgent managerial needs. In such
cases as transfer, acquisition and merger of business which are
aimed to avoid financial difficulties, it shall be deemed that an
urgent managerial need exists.
(2) In the case of paragraph (1), an employer shall make
every effort to avoid dismissal of workers and shall select
workers to be dismissed by establishing rational and fair criteria
for dismissal. In such cases, there shall be no discrimination on
the basis of gender.
(3) With regard to the possible methods for avoiding dismissal
and the criteria for dismissal as referred to in paragraph (2), an
employer shall give a notice 50 days prior to dismissal day to a
trade union which is formed by the consent of the majority of
all workers in the business or workplace concerned(or to a
person representing the majority of all workers if such a trade
union does not exist, hereinafter referred to as a “workers'
representative”) and have good faith consultation.
(4) An employer intending to dismiss more than the number
of workers prescribed by the Presidential Decree pursuant to
paragraph (1), shall report the same to the Minister of
Employment and Labor as prescribed by the Presidential Decree.
(5) If an employer has dismissed workers in accordance
with the requirements as set forth in paragraphs (1) to (3), the
dismissal concerned shall be deemed to have been made for the
justifiable reasons under Article 23 (1).
Article 25 (Preferential Re-employment, etc.)
(1) If an employer who dismissed a worker pursuant to
Article 24 intends to employ a worker for the same job the dismissed
worker was in charge of at the time of dismissal, within three
years from the day when the worker was dismissed, he/she
shall preferentially employ the worker dismissed pursuant to
Article 24, provided that the worker wants that job.
(2) The government shall give priority to workers dismissed
under Article 24 in taking necessary measures including, but

LABOR STANDARDS ACT
not limited to, securing livelihood, reemployment, and vocational

training.
Article 26 (Advance Notice of Dismissal)
An employer shall give an advance notice to a worker at
least thirty days before dismissal (including dismissal for managerial
reasons). If the notice is not given thirty days before the
dismissal, ordinary wages of more than thirty days shall be
paid to the worker, except in cases prescribed by the Ordinance
of the Ministry of Employment and Labor, where it is impossible
to continue business because of natural disasters, armed conflicts,
or other unavoidable causes, or where a worker has caused
considerable difficulties to business, or damage to properties on
purpose. <Amended by Act No. 10339, Jun. 4, 2010>
Article 27 (Written Notification of Reasons for Dismissal)
(1) If an employer intends to dismiss a worker, the employer
shall notify the worker of reasons for dismissal and the date of
such dismissal in writing.
(2) The dismissal of a worker shall take effect only after the
written notification is given to the worker pursuant to paragraph
(1).
(3) If an employer has given an advance notice of dismissal,
which specifies reasons for dismissal and the date of dismissal,
in writing pursuant to Article 26, he/she shall be considered to
have given notification under paragraph (1). <Newly Inserted by
Act No. 12527, Mar. 24, 2014>
Article 28 (Application for Remedy for Unfair Dismissal and Related
Acts)
(1) If an employer dismisses a worker unfairly, the worker
may apply for remedy to the Labor Relations Commission.
(2) The application for remedy under paragraph (1) shall be
made within three months from the date on which the unfair
dismissal, and related acts took place.
(1) Upon receiving the application for remedy under Article
28, the Labor Relations Commission shall conduct necessary
investigations and question related parties without delay.
(2) When conducting an inquiry pursuant to paragraph (1),
the Labor Relations Commission may, at the request of the parties
concerned or by virtue of its authority, have witnesses appear before
the Commission and question them regarding necessary matters.
▮▮ 443
4. LABOR STANDARDS
(3) When conducting an inquiry pursuant to paragraph (1),

the Labor Relation Commission shall give sufficient opportunities
for the parties concerned to present evidence and to cross-examine
the witnesses.
(4) Detailed procedures for the investigation and inquiry by
the Labor Relations Commission under paragraph (1) shall be
determined by the National Labor Relations Commission (hereinafter
referred to as “National Labor Relations Commission”) under
the Labor Relations Commission Act.
Article 30 (Remedy Order, etc.)
(1) The Labor Relations Commission shall issue a remedy
order to the employer, if the case is determined to constitute an
unfair dismissal, etc. after the completion of the inquiry under
Article 29, and shall dismiss the application for remedy if the
case is determined not to constitute an unfair dismissal, etc.
(2) The judgment, remedy order and dismissal decision under
paragraph (1) shall be notified to the employer and worker
concerned in writing.
(3) When issuing a remedy order (referring only to an order
of remedy for dismissal) pursuant to paragraph (1), if the worker
does not want the reinstatement, the Labor Relations Commission
may order the employer to pay to the worker an amount not
less than the amount of wages he/she would have received if
he/she had worked during the dismissal period, in lieu of
ordering his/her reinstatement.
Article 31 (Confirmation of Remedy Order, etc.)
(1) If an employer or a worker is aggrieved by a remedy
order or dismissal decision rendered by a Regional Labor
Relations Commission in accordance with the Labor Relations
Commission Act, he/she may apply for reexamination to the
National Labor Relations Commission within ten days of the
date on which he/she received the notice of the remedy order
or dismissal decision.
(2) An employer or a worker may file a lawsuit in accordance
with the Administrative Litigation Act against the decision made
by the National Labor Relations Commission after the reexamination
pursuant to paragraph (1) within fifteen days from the date on
which he/she received the notice of decision on the reexamination.
(3) If no application for reexamination is made or no
administrative lawsuit is filed within the periods prescribed in
paragraphs (1) and (2), the remedy order, dismissal decision or
decision on reexamination shall be finally confirmed.

LABOR STANDARDS ACT
Article 32 (Effect of Remedy Order, etc.)

The effect of remedy order, dismissal decisions or decisions
on reexamination rendered by the Labor Relations Commission
pursuant to Article 31 shall not be suspended by an application
for reexamination to the National Labor Relations Commission
or by the initiation of an administrative lawsuit.
Article 33 (Enforcement Levy)
(1) If an employer, after receiving the remedy order (including
a decision on reexamination concerning a remedy order;
hereinafter the same shall apply in this Act) from the Labor
Relations Commission, fails to comply with a remedy order by
the compliance deadline, an enforcement levy in the amount not
exceeding 20 million won shall be imposed on the employer.
(2) The Labor Relations Commission shall inform the employer
in writing of its intention to impose and collect enforcement
levy, at least thirty days before the imposition of enforcement
levy under paragraph (1).
(3) The imposition of enforcement levy pursuant to paragraph
(1) shall be done in writing which shall specify, among others,
the amount of enforcement levy, reasons for the imposition, the
payment deadline, the recipient organization, how to raise an
objection, and to what organization such a objection can be raised.
(4) Types of violations for which enforcement levy is imposed
pursuant to paragraph (1), amounts of charges based on the degree
of violation, procedures for a refund of enforcement levy and other
(5) The Labor Relations Commission may impose and collect
the enforcement levy under paragraph (1) repeatedly until the
order is complied with, up to twice per year from the date on
which the first remedy order is issued. In such cases, the
enforcement levy shall not be imposed or collected for more
than two years.
(6) The Labor Relations Commission shall not newly impose
enforcement levy once a person who received a remedy order
has complied with that order, but shall collect enforcement
levies that have already been imposed before the compliance.
(7) If a person to whom the enforcement levy has been
imposed fails to pay them by the payment deadline, the Labor
Relations Commission may set a deadline and urge the payment
and if the person continues to fail the enforcement levy under
paragraph (1), may collect them according to the process for
▮▮ 445
4. LABOR STANDARDS
recovery of the national taxes in arrears.

(8) If an employer who has received a remedy order fails to
comply with the order by the compliance deadline, the worker
may inform the Labor Relations Commission of the non-compliance
within fifteen days from the compliance deadline.
Article 34 (Retirement Benefit System)
With regard to the system of retirement benefits paid by
employers to retiring workers, conditions prescribed by the
Employee Retirement Benefit Security Act shall apply.
Article 35 (Exceptions for Advance Notice of Dismissal)
The provisions of Article 26 shall not apply to workers who
fall within the purview of each of the following subparagraphs:
1. A worker who has been employed on a daily basis for
less than three consecutive months;
2. A worker who has been employed for a fixed period not
exceeding two months;
3. A worker who has been employed as a monthly-paid
worker for less than six months;
4. A worker who has been employed for seasonal work for
a fixed period not exceeding six months;
5. A worker in a probationary period
Article 36 (Payment of Money and Valuables)
If a worker dies or retires, an employer shall pay the wages,
compensations, and other money or valuables within 14 days
after the cause for such payment has occurred; however, the
period, under special circumstances, may be extended by the
mutual agreement between the parties concerned.
Article 37 (Late Payment Interest on Unpaid Wages)
(1) If an employer fails to pay all or part of the wages and
the benefits (referring to only lump-sum benefits) referred to in
subparagraph 5 of Article 2 of the Employee Retirement Benefit
Security Act which he/she is liable to pay pursuant to Article
36, within fourteen days from the day when the cause for
payment occurs, he/she shall pay late payment interest for the
number of days from the following day to the day of payment
at the interest rate prescribed by the Presidential Decree but not
exceeding an annual rate of 40/100 in consideration of economic
conditions, including the late payment interest rate applied by
banks under the Banking Act. <Amended by Act No. 10303, May
17, 2010>

LABOR STANDARDS ACT
(2) If an employer delays wage payment due to a natural

disaster, an armed conflict or any other reason prescribed by
the Presidential Decree, the provisions of paragraph (1) shall not
apply to the period during which such reasons continue to exist.
Article 38 (Preferential Reimbursement for Claims for Wages)
(1) Wages, accident compensations and other claims arising
from labor relations shall be paid in preference to taxes, public
levies or other claims, except for the claims secured by pledges,
mortgages or liens under the Act on the Use of Movables,
Receivables, etc., as Security on the total assets of the employer;
however, this shall not apply to taxes or public levies which
take precedence over pledges, mortgages or liens under the Act
on the Use of Movables, Receivables, etc., as Security. <Amended
by Act No. 10366, Jun. 10, 2010>
(2) Notwithstanding the provision of paragraph (1), the
claims which fall under the following subparagraphs shall be
paid in preference to any obligations, taxes, public levies and other
claims secured by pledges, mortgages or liens under the Act on
the Use of Movables, Receivables, etc., as Security on the total assets
of an employer: <Amended by Act No. 10366, Jun. 10, 2010>
1. Wages of the final three months;
2. Accident compensation.
Article 39 (Certificate of Employment)
(1) If a worker makes a request to issue a certificate specifying
term of employment, job specification, title and wages or other
necessary information even after the retirement of the worker,
the employer shall immediately prepare and issue the factually
correct certificate.
(2) The certificate referred to in paragraph (1) shall only
contain the items that the worker concerned has requested.
Article 40 (Prohibition of Interference with Employment)
No one shall prepare and use secret signs or lists, or have
communication for the purpose of interfering with employment
of a worker.
Article 41 (Register of Workers)
(1) An employer shall prepare a register of workers by
workplace, containing name, birth date, personal history and other
items relating to workers as prescribed by the Presidential Decree.
(2) If there is any change in the items prescribed in
paragraph (1), correction shall be made without delay.
▮▮ 447
4. LABOR STANDARDS
Article 42 (Preservation of Documents regarding Contract)

An employer shall preserve a register of workers and other
important documents regarding labor contracts prescribed by the
Presidential Decree for three years.
CHAPTER Ⅲ
Wages
Article 43 (Payment of Wages)

(1) Payment of wages shall be directly made in full to
worker in cash; however, if otherwise stipulated by Acts and
subordinate statutes or by a collective agreement, wages may
partially be deducted or may be paid by other than cash.
(2) Wages shall be paid at least once per month on a fixed
day; however, this shall not apply to extraordinary wages,
allowances, or any other similar payment or those wages
provided for by the Presidential Decree.
Article 43-2 (Publication of List of Employers Delaying Payment)

(1) If an employer (including a representative in the case of
a corporation; hereinafter referred to as "an employer delaying
payment") who fails to pay wages, compensation, allowances or
all other kinds of money or valuables (hereinafter referred to as
"wages, etc.") under Article 36, 43 or 56 has delayed payment
of wages, etc., and has been found guilty thereof twice or more
during the three years before the list publication date, and
whose total amount of unpaid wages, etc., during the one year
before the list publication date is 30 million won or more, the
Minister of Employment and Labor may make public his/her
personal matters, etc.: Provided that this shall not apply if there
is any reason prescribed by the Presidential Decree, such as
when the publication of the list is not found effective due to
the death or business closure of the employer delaying payment:
(2) If the Minister of Employment and Labor makes public
the list under paragraph (1), he/she shall give each employer
delaying payment at least three months to explain him/herself.
(3) In order to deliberate on whether to make public the
personal matters, etc., of an employer delaying payment under

LABOR STANDARDS ACT
paragraph (1), the Ministry of Employment and Labor shall set

up the wage delay information deliberation committee (hereinafter
referred to as "committee" in this Article). In such case, necessary
matters concerning the formation, operation, etc., of the
committee shall be prescribed by the Ordinance of the Ministry
of Employment and Labor.
(4) Matters necessary for the publication of the list, such as
the specific details, period and method of the publication under
Article 43-3 (Provision of Information on Delays in Payment of

Wages, etc.)
(1) When a centralized credit information collection agency
under Article 25 (2) 1 of the Use and Protection of Credit
Information Act demands information on the personal matters,
unpaid amount, etc., (hereinafter referred to as "information on
delays in payment of wages, etc.") of an employer who has
delayed payment of wages, etc., and has been found guilty
thereof twice or more during the three years before the date on
which information on delays in payment of wages, etc., is
provided and whose total amount of unpaid wages, etc., during
the one year before the date of such provision is 20 million
won or more, the Minister of Employment and Labor, if it is
deemed necessary in order to prevent delays in payment of
wages, etc., may provide such information: Provided that this
shall not apply if there is any reason prescribed by the
Presidential Decree, such as when the provision of information
on delays in payment of wages, etc., is not found effective due
to the death or business closure of the employer delaying payment.
(2) A person who has received information on delays in
payment of wages, etc., under paragraph (1) shall not use or
divulge the information for purposes other than work related to
the determination of the credit rating and credit transaction
capacity of the employer delaying payment.
(3) Matters necessary for the provision of information on
delays in payment of wages, etc., such as the procedures for
and method of providing information on delays in payment of
wages, etc., under paragraph (1) shall be prescribed by the
Article 44 (Payment of Wages in Subcontract Business)
▮▮ 449
4. LABOR STANDARDS
(1) If a project is carried out based upon several tiers of

contracts and a subcontractor fails to pay wages to workers
because of a cause attributable to its immediate upper tier
contractor, the immediate upper tier contractor shall be liable
jointly with the subcontractor concerned: Provided that if the
cause attributable to the immediate upper tier contractor arises
due to a cause attributable to its upper tier contractor, the
upper tier contractor shall be jointly liable. <Amended by Act No.
11270, Feb. 1, 2012>
(2) The scope of the cause referred to in paragraph (1) shall
11270, Feb. 1, 2012>
Article 44-2 (Joint Responsibility for Payment of Wages in Construction
Industry)
(1) If a project in the construction industry is carried out
through two or more tiers of contracts under subparagraph 11
of Article 2 of the Framework Act on the Construction Industry
(hereinafter referred to as “construction contracts”) and its
subcontractor who is not a constructor under subparagraph 7 of
Article 2 of the same Act fails to pay wages (limited to wages
incurred for the construction work concerned) to a worker it
has employed, the immediate upper tier contractor shall take
responsibility for paying wages to the worker employed by the
subcontractor, jointly with the subcontractor. <Amended by Act
No. 10719, May 24, 2011>
(2) If the immediate upper tier contractor under paragraph
(1) is not a constructor under subparagraph 7 of Article 2 of
the Framework Act on the Construction Industry, the lowest tier
constructor among its upper tier contractors who are constructors
under the same subparagraph shall be deemed the immediate
upper tier contractor. <Amended by Act No. 10719, May 24, 2011>
Article 44-3 (Special Provisions Concerning Wages under Construction
Contracts in Construction Industry)
(1) If a construction contract falls within the purview of any
of the following subparagraphs, an immediate upper tier contractor
shall, at the request of a worker employed by its subcontractor,
directly pay the worker an amount of money equivalent to
wages (limited to wages incurred for the construction work
concerned) that the subcontractor is liable to pay, within the
extent of the subcontract price that the immediate upper tier

LABOR STANDARDS ACT
contractor owes to the subcontractor:

1. Where the immediate upper tier contractor and the
subcontractor has agreed that the immediate upper tier
contractor may pay wages directly to a worker employed
by the subcontractor instead of the subcontractor and also
agreed on the methods of and procedures for the payment;
2. Where there is a payment order confirmed pursuant to
subparagraph 3 of Article 56 of the Civil Execution Act, a
execution deed under subparagraph 4 of Article 56 of the
same Act, which proves that a worker of the subcontractor
has the right to file a claim for wages against the
subcontractor, a decision to recommend compliance made
under Article 5-7 of the Trials of Small Claims Act, and
any other title of deed equivalent there to;
3. Where the subcontractor informs the immediate upper tier
contractor that it has unpaid wages owed to its worker
and the immediate upper tier contractor recognizes that
the subcontractor has an obvious reason to be unable to
pay wages, such as bankruptcy, etc.
(2) If the contractor (hereinafter referred to as “prime
contractor”) of a person awarding a contract under subparagraph
10 of Article 2 of the Framework Act on the Construction
Industry subcontracts the construction contract to two or more
tiers of contractors, and a worker employed by a subcontractor
(including subcontractors to the subcontractor; hereinafter the
same shall apply in this paragraph.) has a title of deed under
paragraph (1) 2 to such subcontractor, the worker may request
the prime contractor to directly pay an amount of money
equivalent to wages (limited to wages incurred for the construction
work concerned) that the subcontractor is liable to pay. The
prime contractor shall comply with such request to the extent
of the amount of money for which the worker is entitled to
exercise the subrogation right of a creditor against the prime
contractor under Article 404 of the Civil Act. <Amended by Act
No. 10719, May 24, 2011>
(3) If an immediate upper tier contractor or a prime
contractor has paid an amount of money equivalent to wages to
a worker employed by a subcontractor pursuant to paragraphs
(1) and (2), it shall be deemed that the obligation to pay the
subcontract price to the subcontractor has expired to such
extent.
▮▮ 451
4. LABOR STANDARDS
Article 45 (Emergency Payment)

If a worker requests wage payment in order to meet the
expenses incurred from childbirth, disease, disasters or other
cases of emergency prescribed by the Presidential Decree, the
employer shall pay wages for the work already performed even
prior to the payday.
Article 46 (Allowances during Business Suspension)
(1) If business is suspended for reasons attributable to an
employer, the employer shall pay a worker allowances equivalent
to seventy percent or more of the average wages during the
period of suspension. If the amount equivalent to seventy
percent or more of the average wages exceeds the ordinary
wages, the ordinary wages may be paid as allowances during
the business suspension.
(2) Notwithstanding the provisions of paragraph (1), an
employer who is unable to continue business for unavoidable
reasons may, upon approval of the Labor Relations Commission,
pay allowances for the suspension of business in the amount
lower than the standards stipulated in paragraph (1).
Article 47 (Subcontract Workers)
For those workers who are employed for subcontract or
other equivalent system, an employer shall guarantee a certain
amount of remuneration in proportion to their actual working hours.
Article 48 (Wage Ledger)
An employer shall prepare a wage ledger for each workplace
and enter the matters which serve as a basis for determining
wages and family allowances, the amount of wages and other
matters as provided for by the Presidential Decree whenever
wages are paid.
Article 49 (Prescription of Wages)
The statute of limitation to exercise a claim for wages under
the provisions of this Act shall be three years.
CHAPTER Ⅳ
Working Hours and Recess
Article 50 (Working Hours)

LABOR STANDARDS ACT
(1) Working hours per week shall not exceed forty hours
excluding recess hours.
(2) Working hours per day shall not exceed eight hours
excluding recess hours.
(3) In calculating working hours under paragraphs (1) and
(2), the waiting hours, etc., a worker spends for work under the
direction and supervision of his/her employer shall be regarded
as working hours. <Newly Inserted by Act No. 11270, Feb. 1, 2012>
Article 51 (Flexible Working Hour System)
(1) An employer may have a worker work in accordance
with rules of employment (or in accordance with rules or
regulations equivalent thereto) for a specific week in excess of
working hours prescribed in Article 50 (1), or for a specific day
in excess of working hours prescribed in Article 50 (2), on
condition that average working hours per week in a certain unit
period of not more than two weeks do not exceed the working
hours under Article 50 (1),provided that working hours in any
particular week shall not exceed forty-eight hours.
(2) Where an employer reaches an agreement in writing
with a workers' representative on the following enumerated
items, the employer is allowed to have a worker work for a
specific week in excess of the working hours under Article 50
(1), or for a specific day in excess of the working hours under
Article 50 (2), on the condition that average working hours per
week in a certain unit period of not more than three months
do not exceed the working hours under Article 50 (1).
However, working hours for a specific week, and for a specific
day shall not exceed fifty-two hours and twelve hours respectively:
1. Scope of workers subject to this paragraph;
2. Unit period (a unit period not exceeding three months);
3. Working days in a unit period and working hours for
each working day;
(3) The provisions of paragraphs (1) and (2) shall not apply
to workers aged between fifteen or older and less than eighteen,
and pregnant female workers.
(4) If an employer needs to have a worker work in accordance
with the provisions of paragraphs (1) and (2), the employer
shall prepare measures to ensure that the existing wage level is
not lowered.
Article 52 (Selective Working Hour System)
▮▮ 453
4. LABOR STANDARDS
Where an employer has reached a written agreement on

each of the following subparagraphs with of workers' representative
regarding a worker who is entrusted with the decision as to
when to begin and finish work in accordance with rules of
employment (including those equivalent to rules of employment),
the employer may have workers work in excess of the working
hours per week set by paragraph (1) of Article 50, or the
working hours per day set by paragraph (2) of Article 50 on
the condition that average working hours per week computed
on the basis of adjustment period not more than one month do
not exceed the working hours prescribed in paragraph (1) of
Article 50:
1. Scope of workers subject to this paragraph (excluding
workers between the age of fifteen and of eighteen);
2. Adjustment period (a finite period not more than one month);
3. Total working hours within an adjustment period;
4. Starting and finishing time of working hours, if a mandatory
work period is in force;
5. Starting and finishing time of working hours which are
allowed to be selected by workers;
Article 53 (Restriction on Extended Work)
(1) If the parties concerned reach agreement, the working
hours stipulated in Article 50 may be extended up to twelve
hours per week.
(2) If the parties concerned reach agreement, the working
hours stipulated in Article 51 may be extended up to twelve
hours per week, and the working hours under Article 52 may
be extended up to twelve hours per week averaged during a
adjustment period pursuant to subparagraph 2 of Article 52.
(3) Under special circumstances, an employer may extend
working hours as provided for in paragraphs (1) and (2) with
the approval of the Minister of Employment and Labor and consent
of workers; however, the employer shall immediately obtain the
approval of the Minister of Employment and Labor ex post
facto, if a situation is so urgent that time is not available to
obtain such approval. <Amended by Act No. 10339, Jun. 4, 2010>
(4) If the Minister of Employment and Labor finds that the
extension of working hours in accordance with paragraph (3) is
not appropriate, he/she may order the employer to grant recess
hours or days-off equivalent to the extended working hours in
later time. <Amended by Act No. 10339, Jun. 4, 2010>

LABOR STANDARDS ACT
Article 54 (Recess Hours)

(1) An employer shall allow a recess period of more than
30 minutes for every four working hours and more than one
hour for every eight working hours during the working hours.
(2) A recess period may be freely used by workers.
Article 55 (Holidays)
An employer shall allow a worker on the average one or
more paid holiday per week.
Article 56 (Extended Work, Night Work and Holiday Work)
An employer shall additionally pay fifty percent or more of
the ordinary wages for extended work (extended work as set
forth in the provisions of Articles 53 and 59, and the proviso of
Article 69), night work (work provided from 10 p.m. to 6 a.m.)
or holiday work.
Article 57 (System of Using Leave as Compensation)
An employer may, in lieu of paying additional wages, grant
the leave to worker to compensate for the extended, night and
holiday work prescribed in Article 56, pursuant to a written
agreement with the workers' representative.
Article 58 (Special Provisions for Computation of Working Hours)
(1) If it is difficult to compute working hours because a
worker carries out his duty in whole or in part outside the
workplace for business travel or for other reasons, it shall be
deemed that the worker concerned has worked the contractual
working hours. However, in cases where a completion of work
requires a worker to work in excess of contractual working hours,
the worker is deemed to have worked for hours ordinarily
required to complete the work concerned.
(2) Notwithstanding the proviso of paragraph (1), if an employer
and the representative of workers have agreed, in writing, on
the works concerned, the working hours set by the agreement
shall be deemed to be the working hours necessary for the
performance of the works concerned.
(3) In the case of works designated by the Presidential Decree
as those works which need, in the light of their characteristics,
worker's discretion with regard to the ways to perform the works
concerned, the worker shall be deemed to have worked such
working hours as determined by a written agreement between
the employer and the workers' representative. Such written agreement
▮▮ 455
4. LABOR STANDARDS
shall contain each of the items described in the following

subparagraphs:
1. Provisions as to works to be provided;
2. Provisions in which the employer would not give directions
to the worker regarding how to perform, and how to
allocate working hours;
3. Provisions in which the computation of working hours
shall be determined by the written agreement concerned.
(4) Other matters which are required to implement the
provisions of paragraphs (1) and (3) shall be prescribed by the
Article 59 (Special Provisions as to Working and Recess Hours)
(1) With regard to a business which falls under the purview
of any of the following subparagraphs, the employer who has
agreed in writing with the workers' representative may have the
workers work in excess of the twelve hours per week prescribed
in Article 53 (1) or may change the recess hours under Article 54:
1. Transportation business, goods sales and storage business,
finance and insurance business;
2. Movie production and entertainment business, communication
business, educational study and research business, advertising
business;
3. Medical and sanitation business, hotel and restaurant business,
incineration and cleaning business, barber and beauty
parlor business;
4. Other businesses prescribed by the Presidential Decree in
consideration of the character of a business and public
conveniences
Article 60 (Annual Paid Leave)
(1) An employer shall grant 15 days' paid leave to a worker
who has registered not less than 80 percent of attendance during
one year. <Amended by Act No. 11270, Feb. 1, 2012>
(2) An employer shall grant one day's paid leave per month
to a worker who has worked consecutively for less than one
year or registered less than 80 percent of attendance during one
year, if the worker has offered work without an absence
throughout a month. <Amended by Act No. 11270, Feb. 1, 2012>
(3) If an employer grants a worker paid leave for the first
one year of his/her service, the number of leave days shall be
15 including the leave prescribed in paragraph (2), and if the
worker has already used the leave prescribed in paragraph (2),

LABOR STANDARDS ACT
the number of used leave days shall be deducted from the 15

days of leave.
(4) After the first year of service, an employer shall grant
one day's paid leave for each two years of consecutive service
in addition to the leave prescribed in paragraph (1) to a worker
who has worked consecutively for 3 years or more. In such
cases, the total number of leave days including the additional
leave shall not exceed 25.
(5) An employer shall grant paid leave pursuant to paragraphs
(1) through (4) upon request of a worker, and shall pay ordinary
wages or average wages prescribed in employment rules or
other regulations during the period of leave. However, the leave
period concerned may be changed, in cases where granting the
leave as requested by the worker might cause a serious impediment
to the operation of the business.
(6) In applying paragraphs (1) through (3), a period falling
under any of the following subparagraphs shall be considered a
period of attendance: <Amended by Act No. 11270, Feb. 1, 2012>
1. A period during which a worker is unable to work due
to occupational injuries or diseases;
2. A period during which a pregnant woman does not work
on leave taken pursuant to the provisions of paragraphs
(1) through (3) of Article 74.
(7) The leave referred to in paragraphs (1) through (4) shall
be forfeited if not used within one year. However, this shall not
apply in cases where the worker concerned has been prevented
from using the leave due to any cause attributable to the employer.
Article 61 (Promoting the Use of Annual Paid Leave)
If a worker's leave has been forfeited for non-use pursuant
to Article 60 (7) despite the fact that the employer has taken
measures described in any of the following subparagraphs to
promote the use of paid leave prescribed in Article 60 (1), (3)
and (4), the employer shall has no obligation to compensate the
worker for the unused leave, and shall not be deemed to have
caused the non-use attributable to the employer's action under
the proviso of Article 60 (7): <Amended by Act No. 11270, Feb. 1, 2012>
1. Within the first 10 days of the six months before unused
leave is to be forfeited pursuant to the main sentence of
Article 60 (7), the employer shall notify each worker of
the number of his/her unused leave days and urge them
in writing to decide when they would use the leave and
to inform the employer of the decided leave period;
▮▮ 457
4. LABOR STANDARDS
2. If a worker, despite the urging prescribed in subparagraph

(1), has failed to decide when he/she would use whole
or part of the unused leave and to inform the employer
of the decided leave period within 10 days after they
were urged, the employer shall decide when the worker
uses the unused leave and notify the worker of the
decided leave period in writing no later than 2 months
before the unused leave is to be forfeited pursuant to
Article 60 (7).
Article 62 (Substitution of Paid Leave)
An employer may have workers take paid leave on a
particular working day in lieu of the annual paid leave under
Article 60, if the employer and the workers' representative agree
in writing.
Article 63 (Exceptions to Application)
The provisions of this Chapter and Chapter V as to working
hours, recess, and holidays shall not be applicable to workers
who are engaged in any work described in the following
subparagraphs: <Amended by Act No. 10339, Jun. 4, 2010>
1. Cultivation of arable land, reclamation work, seeding and
planting, gathering or picking-up or other agricultural and
forestry work;
2. Livestock breeding, catch of marine animals and plants,
cultivation of marine products or other cattle-breeding,
sericulture and fishery business;
3. Surveillance or intermittent work, for which the employer
has obtained the approval of the Minister of Employment
and Labor;
4. Any other work prescribed by the Presidential Decree.
CHAPTER V
Females and Minors
Article 64 (Minimum Age and Employment Permit)

(1) A person under the age of 15 (including those under the
age of 18 who are attending a middle school pursuant to the
Elementary and Secondary Education Act) shall not be employed
as a worker. However a person with an employment permit

LABOR STANDARDS ACT
issued by the Minister of Employment and Labor in accordance

with the criteria prescribed by the Presidential Decree may be
employed as a worker. <Amended by Act No. 10339, Jun. 4, 2010>
(2) The employment permit referred to in paragraph (1) may
be issued at the request of the person himself only by designating
the type of occupation in which he is engaged, provided that
such employment will not impede his/her compulsory education.
(3) If a person receives the employment permit prescribed in
paragraph (1) in a false or other fraudulent pretence, the
Minister of Employment and Labor shall cancel the permission.
Article 65 (Prohibition of Employment)
(1) No employer shall employ a female in pregnancy or
with less than one year after childbirth (hereinafter referred to
as “pregnant female”) and those aged less than 18 for hazardous
and dangerous work in terms of morality or health.
(2) No employer shall employ a female aged 18 or older
who is not pregnant for work that is hazardous and dangerous
to their pregnancy or childbirth among the hazardous and dangerous
works in terms of health pursuant to paragraph (1).
(3) The occupations prohibited pursuant to paragraphs (1)
and (2) shall be prescribed by the Presidential Decree.
Article 66 (Minor Certificate)
For each minor under 18, an employer shall keep in the
workplace a certificate proving his/her family relationships and
a written consent of his/her parent or guardian. <Amended by
Act No. 8435, May 17, 2007>
Article 67 (Labor Contract)
(1) Neither parent nor guardian shall enter into a labor
contract on behalf of a minor.
(2) A parent and/or guardian of a minor, or the Minister of
Employment and Labor may terminate a labor contract, if a labor
contract is deemed disadvantageous to the minor. <Amended by
Act No. 10339, Jun. 4, 2010>
(3) If an employer makes a labor contract with a person under
the age of 18, the employer shall specify the working conditions
in writing and issue the same pursuant to Article 17.
Article 68 (Claim for Wages)
A minor may claim his wages in his own right.
▮▮ 459
4. LABOR STANDARDS
Article 69 (Working Hours)

Working hours of a person aged between 15 and 18 shall
not exceed seven hours per day and forty hours per week.
However, the working hours may be extended up to an hour
per day, or six hours per week, by an agreement between the
parties concerned.
Article 70 (Restrictions on Night Work and Holiday Work)
(1) When an employer intends to have a female aged 18 or
older work from 10 P.M. to 6 A.M and on holiday, the employer
shall obtain the consent of the female concerned.
(2) An employer shall not have a pregnant female and a
person aged less than 18 work from 10 P.M to 6 A.M. and on
holiday. However, this shall not apply in the cases described in
any of the following subparagraphs and when the employer
obtains permission from the Minister of Employment and Labor:
1. Where there is a consent from the person aged less than 18;
2. Where there is a consent from a female with less than
one year after childbirth;
3. Where the female in pregnancy makes a request.
(3) An employer, before obtaining permission from the Minister
of Employment and Labor as stipulated in paragraph (2), shall
consult in good faith with a workers' representative of the
business or workplace concerned as to whether there will be
night work or holiday work and its implementation methods for
workers' health and maternity protection. <Amended by Act No.
10339, Jun. 4, 2010>
Article 71 (Overtime Work)
An employer shall not have, a female with less than one
year after childbirth, work overtime exceeding 2 hours per day,
6 hours per week, and 150 hours per year, even if agreed in a
collective agreement.
Article 72 (Prohibition of Work Inside Pit)
No employer shall employ a female or minor under the age
of 18 for any work inside a pit, except where the work is
temporarily needed to perform the business as determined by
Presidential Decree such as health, medicine, news report, news
coverage, etc.
Article 73 (Menstruation Leave)
An employer shall, upon request of a female worker, grant

LABOR STANDARDS ACT
her one-day menstruation leave per month.

Article 74 (Protection of Pregnant Women)
(1) An employer shall grant a pregnant female worker 90
days (120 days in cases of a pregnancy with more than one
child) of maternity leave before and after childbirth. In such case,
45 days (60 days in cases of a pregnancy with more than one
child) or more shall be allocated after the childbirth. <Amended
by Act No. 11270, Feb. 1, 2012 and Act No. 12325, Jan. 21, 2014>
(2) If a pregnant female worker requests leave under
paragraph (1) for any reason prescribed by the Presidential
Decree, such as miscarriage experience, the employer shall allow
her to split up leave and take a part of it anytime before the
childbirth. In such case, the leave period after the childbirth
shall be 45 consecutive days (60 days in cases of a pregnancy
with more than one child) or longer. <Amended by Act No.
11270, Feb. 1, 2012 and Act No. 12325, Jan. 21, 2014>
(3) At the request of a pregnant female worker who has a
miscarriage or stillbirth, the employer shall grant her miscarriage
or stillbirth leave as prescribed by the Presidential Decree,
except where the miscarriage is caused by an artificially induced
abortion operation (excluding cases prescribed in Article 14 (1)
of the Mother and Child Health Act). <Amended by Act No.
11270, Feb. 1, 2012>
(4) Of the leave under paragraphs (1) through (3), the first
60 days' leave (75 days in cases of a pregnancy with more than
one child) shall be with pay: Provided that if maternity leave
benefits, etc., are already paid pursuant to Article 18 of the Act
on Equal Employment and Support for Work-Family Reconciliation,
the employer shall be relieved of the responsibility to the extent
of such amount. <Amended by Act No. 8781, Dec. 21, 2007; Act
No. 11270, Feb. 1, 2012; and Act No. 12325, Jan. 21, 2014>
(5) No employer shall put a pregnant female worker on an
overtime duty, and, if there is a request from the worker, the
employer shall transfer her to a light duty. <Amended by Act
No. 11270, Feb. 1, 2012>
(6) After the end of maternity leave under paragraph (1),
the employer shall allow the female worker to return to the
same work or one with the same level of pay, as before the
leave. <Newly Inserted by Act No. 11270, Feb. 1, 2012>
(7) If a female worker who is less than 12 weeks or more
than 36 weeks pregnant makes a request to reduce her working
hours by two hours a day, the employer shall allow her to do
▮▮ 461
4. LABOR STANDARDS
so: Provided that a worker whose working hours are less than
eight hours a day may be allowed to reduce her working hours to
six hours a day. <Newly Inserted by Act No. 12527, Mar. 24, 2014>
(8) No employer shall reduce the wage of a worker on the
ground that the worker reduces his/her working hours pursuant
to paragraph (7). <Newly Inserted by Act No. 12527, Mar. 24, 2014>
(9) Necessary matters concerning the method of and
procedure, etc., for requesting a reduction of working hours
Decree: <Newly Inserted by Act No. 12527, Mar. 24, 2014>
or more: the date six months after the promulgation;
300 workers: the date two years after the promulgation.
Article 74-2 (Allowing Time Off for Prenatal Examination)
(1) If a pregnant female worker makes a request to take
time off from work to receive a regular health checkup for
pregnant women, the employer shall allow her to do so.
(2) An employer shall not cut a worker's wages on the
ground that she takes time off for the health checkup under
paragraph (1).
Article 75 (Nursing Hours)
A female worker who has an infant under twelve months
shall be allowed to take paid nursing recesses, twice per day
for more than 30 minutes each.
CHAPTER Ⅵ
Safety and Health
Article 76 (Safety and Health)

The safety and health of workers shall be subject to the
conditions as prescribed by the Occupational Safety and Health
Act.

LABOR STANDARDS ACT
CHAPTER Ⅶ
Apprenticeship
Article 77 (Protection of Apprentices)

No employer shall abuse workers in training, workers on
probation or any other apprentice whose purpose is to acquire
a technical skill, or assign them to domestic work or other
work not related to the acquirement of technical skill.
CHAPTER Ⅷ
Accident Compensation
Article 78 (Medical Treatment Compensation)

(1) An employer shall provide necessary medical treatment
at his own expense or bear corresponding expenses for a
worker who suffers from an occupational injury or disease.
(2) The scope of occupational disease or medical treatment
and the timing of compensation for medical treatment expenses
referred to in paragraph (1) shall be prescribed by the
Presidential Decree. <Amended by Act No. 8960, Mar. 21, 2008>
Article 79 (Compensation for Suspension of Work)
(1) An employer shall provide a worker undergoing medical
treatment under Article 78 with compensation for suspension of
work in an amount equivalent to 60/100 of the average wages
during the period of medical treatment. <Amended by Act No.
8960, Mar. 21, 2008>
(2) If a person to be provided with compensation for
suspension of work has received part of his/her wages during
the period for which the compensation is provided pursuant to
paragraph (1), the employer shall provide compensation for
suspension of work in an amount equivalent to 60/100 of the
amount calculated by subtracting the paid wages from the
average wages. <Newly Inserted by Act No. 8960, Mar. 21, 2008>
(3) The timing of compensation for suspension of work shall
be prescribed by the Presidential Decree <Newly Inserted by Act
No. 8960, Mar. 21, 2008>
▮▮ 463
4. LABOR STANDARDS
Article 80 (Compensation for Disability)

(1) If a worker remains disabled even after completion of
treatment of his/her occupational injury or disease, the employer
shall provide compensation for disability in an amount equivalent
to the average wages multiplied by the number of days set
according to grade of disability in the attached Table. <Amended
by Act No. 8960, Mar. 21, 2008>
(2) A person who already has a physical disability has that
disability aggravated due to an injury or disease, the amount of
compensation for disability shall be the amount calculated by
subtracting the number of compensation days for the previous
disability grade from the number of compensation days for the
aggravated disability grade and then multiplying the resulting
number by the average wages at the time when there occurs
the reason for claiming the compensation. <Newly Inserted by Act
No. 8960, Mar. 21, 2008>
(3) The criteria for determining disability grades for which
compensation for disability has to be provided and the timing
of compensation for disability shall be prescribed by the Presidential
Decree. <Newly Inserted by Act No. 8960, Mar. 21, 2008>
Article 81 (Exceptions to Compensation for Suspension of Work
and for Disability)
If a worker suffers from an occupational injury or disease
due to his own gross negligence, and the employer obtains the
acknowledgment of the Labor Relations Commission for the same
negligence, the employer shall not be liable to provide compensation
for the suspension of work or compensation for disability.
Article 82 (Compensation for Survivors)
(1) If a worker dies on duty, the employer shall provide
survivor's compensation equivalent to 1,000 days of the average
wages to the worker's surviving family member without delay
after his/her death. <Amended by Act No. 8960, Mar. 21, 2008>
(2) The scope of surviving family members referred to in
paragraph (1), the order of priority for survivor's compensation
and the order of priority for survivor's compensation in cases
where the person determined to receive survivor' compensation
dies shall be prescribed by the Presidential Decree. <Newly
Inserted by Act No. 8960, Mar. 21, 2008>
Article 83 (Funeral Expenses)
If a worker dies on duty, the employer shall provide funeral

LABOR STANDARDS ACT
expenses equivalent to 90 days of the average wages without

delay after the worker's death. <Amended by Act No. 8960, Mar.
21, 2008>
Article 84 (Lump Sum Compensation)
If a worker receiving compensation in accordance with
Article 78 has not completely recovered from the said occupational
injury or disease even after two years since the medical care
began, the employer may be exonerated from any further obligation
of compensation under this Act thereafter by providing a lump
sum compensation equivalent to 1,340 days of the average
wages of the worker.
Article 85 (Installment Compensation)
If an employer proves his ability to pay compensation, and
has obtained the consent of a recipient, he may pay the compensation
pursuant to Article 80, 82 or 84 in installments for one year.
Article 86 (Claim for Compensation)
A claim for compensation shall not be changed due to
retirement and shall not be transferred or confiscated.
Article 87 (Relationship with Other Damage Claims)
If a person to receive compensation has received money or
other valuables corresponding to accident compensation stipulated
in this Act by way of the Civil Code or any other Act and
subordinate statutes for the same reason, the employer shall be
exonerated from the obligation of compensation to the extent of
the said value received.
Article 88 (Reappraisal and Arbitration of Minister of Employment
and Labor)
(1) If a person has an objection to the determination of
occupational injury, disease or death, methods of medical care,
determination of compensation or any other matters regarding
compensation, the person concerned may request the Minister of
Employment and Labor to reappraise or arbitrate the case.
(2) If a request pursuant to paragraph (1) is filed, the
Minister of Employment and Labor shall reappraise or arbitrate
the case within one month. <Amended by Act No. 10339, Jun. 4, 2010>
(3) The Minister of Employment and Labor may reappraise
or arbitrate a dispute by its own authority, if necessary.
▮▮ 465
4. LABOR STANDARDS
(4) The Minister of Employment and Labor may have a doctor

diagnose or examine the worker concerned, if it is deemed
necessary for reappraisal or arbitration. <Amended by Act No.
10339, Jun. 4, 2010>
(5) For purposes of the statute of limitation, the request for
reappraisal or arbitration in accordance with paragraph (1) and
the commencement of reappraisal or arbitration pursuant to
paragraph (2) shall be regarded as an institution of a judicial
proceeding.
<Title of This Article Amended by Act No. 10339, Jun. 4, 2010>
Article 89 (Reappraisal and Arbitration of Labor Relations Commission)
(1) If reappraisal or arbitration has not been made by the
Minister of Employment and Labor within the period set forth
in paragraph (2) of Article 88, or if a person is dissatisfied with
the result of reappraisal or arbitration, a request may be filed
with the Labor Relations Commission for reappraisal or
arbitration.<Amended by Act No. 10339, Jun. 4, 2010>
(2) If a request is filed in accordance with paragraph (1),
the Labor Relations Commission shall reappraise or arbitrate the
case within one month.
Article 90 (Exception to Subcontracted Work)
(1) If a business is operated based upon several tiers of
subcontracts, the primary contractor shall be regarded as the
employer for purposes of accident compensation.
(2) With regard to paragraph (1), if a subcontractor is delegated
to pay compensation by a written agreement with the primary
contractor, the subcontractor shall also be regarded as the employer;
however, the primary contractor shall not have more than one
subcontractor bear overlapping compensation for the same business.
(3) With regard to paragraph (2), the primary contractor who
has been requested to provide compensation, may ask the applicant
to demand compensation first from the subcontractor who has
agreed to the responsibility for such compensation. However, this shall
not apply if the subcontractor concerned is missing or is
declared bankrupt.
Article 91 (Keeping of Documents)
An employer shall not discard important documents concerning
accident compensation unless accident compensation is finished
or before the right to claim accident compensation is extinguished
by prescription pursuant to Article 92. <Amended by Act No. 8960,
Mar. 21, 2008>

LABOR STANDARDS ACT
Article 92 (Prescription)
The statute of limitation to exercise a claim for accident
compensation in accordance with this Act shall be three years.
CHAPTER Ⅸ
Rules of Employment
Article 93 (Preparation and Reporting of Rules of Employment)

An employer ordinarily employing ten workers or more
shall prepare the rules of employment concerning matters described
in any of the following subparagraphs and file such rules with
the Minister of Employment and Labor. If any amendments to
the rules of employment occurs, the same procedures shall be
followed: <Amended by Act No. 9038, Mar. 28, 2008; Act No.
10339, Jun. 4, 2010; and Act No. 11270, Feb. 1, 2012>
1. Matters pertaining to the starting and finishing time of
work, recess hours, holidays, leaves and shifts;
2. Matters pertaining to the determination of wages, calculation
of wages, means of payment, closing of payment, time of
payment and wage increase;
3. Matters pertaining to calculation of family allowances and
means of payment;
4. Matters pertaining to retirement;
5. Matters pertaining to retirement benefits established under
Article 4 of the Employee Retirement Benefit Security Act,
bonuses and minimum wages;
6. Matters pertaining to meal allowance and allocation of
expenses for operational tools or necessities;
7. Matters pertaining to educational facilities for workers;
8. Matters pertaining to the maternity protection of female
workers, such as maternity leave, child-care leave, etc., and
support for reconciliation between work and family life;
9. Matters pertaining to safety and health;
9-2. Matters pertaining to the improvement of workplace
environments according to workers' characteristics, such
as gender, age or physical attributes, etc.;
10. Matters pertaining to support pertaining occupational or
non-occupational accidents;
▮▮ 467
4. LABOR STANDARDS
11. Matters pertaining to award and punishment;

12. Other matters applicable to all workers of the business
concerned.
Article 94 (Procedures for Preparation of and Amendment to Rules
of Employment)
(1) An employer shall seek consultation of a trade union, if
there is a trade union composed of the majority of the workers
in the workplace concerned, or the consultation of the majority
of workers if there is no trade union composed of the majority
of the workers, with regard to the preparation of and amendment
to the rules of employment. However, if the rules of employment
are to be modified unfavorably to workers, the employer shall
obtain workers' consent.
(2) When an employer submits the rules of employment in
accordance with the provisions of Article 96, a written document
containing the result of consultation referred to in paragraph (1)
shall be attached.
Article 95 (Limitation on Punitive Provisions)
If a punitive reduction in wages for a worker is stipulated
in the rules of employment, the reduction amount for each
infraction shall not exceed half of one day's average wages, and
the total amount of reduction shall not exceed one-tenth of the
total amount of wages during each period of wage payment.
Article 96 (Observance of Collective Agreement)
(1) The rules of employment shall not conflict with any Acts
and subordinate statutes or the collective agreement applicable
to the workplace concerned.
(2) The Minister of Employment and Labor has the authority
to order amendment to the rules of employment which is
deemed to conflict with any Acts and subordinate statutes or the
collective agreement. <Amended by Act No. 10339, Jun. 4, 2010>
Article 97 (Effect of Violation)
If a labor contract includes employment conditions which
are below the standards stipulated in the rules of employment,
such nonconformity shall be null and void. In such cases, the
invalidated provisions shall be governed by the standards provided
for in the rules of employment.

LABOR STANDARDS ACT
CHAPTER X
Dormitory
Article 98 (Protection of Dormitory Life)

(1) An employer shall not interfere with the private life of a
worker lodging in a dormitory annexed to a business.
(2) An employer shall not interfere with the election of staff
required for the autonomous management of a dormitory.
Article 99 (Preparation of and Amendment to Dormitory Rules)
(1) An employer who wants to board his workers in a
dormitory annexed to a business shall prepare the dormitory
rules concerning the following matters:
1. Matters pertaining to morning rise and night retirement,
going-out and overnight stay;
2. Matters pertaining to events;
3. Matters pertaining to meals;
4. Matters pertaining to safety and health;
5. Matters pertaining to maintenance of buildings and facilities; and
6. Other matters applicable to all boarding members.
(2) An employer shall obtain the consent of the representative
who represents a majority of the boarding members with regard
to the preparation of and amendment to the dormitory rules
stipulated in paragraph (1).
(3) Both an employer and boarding member shall comply
with the dormitory rules.
Article 100 (Measures for Safety and Health)
(1) An employer shall take measures necessary for the
maintenance of the health, morals and lives of the members
who are lodged in a dormitory annexed to the business.
(2) The standards for the measures to be taken in accordance
with the provisions of paragraph (1) shall be provided for by
CHAPTER XI
Labor Inspectors, etc.
Article 101 (Supervisory Authorities)
▮▮ 469
4. LABOR STANDARDS
(1) The Ministry of Employment and Labor and its subordinate

offices shall have a labor inspector to ensure the standards of
the conditions of labor. <Amended by Act No. 10339, Jun. 4, 2010>
(2) Matters concerning the qualification, appointment, dismissal,
job specification, and assignment of a labor inspector shall be
Article 102 (Authority of Labor Inspectors)
(1) A labor inspector has the authority to inspect a workplace,
dormitory and other annexed buildings, to request submission
of books and documents, and to question both an employer and
workers.
(2) A labor inspector who is a medical doctor or a medical
doctor designated by a labor inspector has the authority to conduct
medical examinations of workers who appear to suffer from a
disease which precludes his/her continuous employment.
(3) With regard to paragraphs (1) and (2), a labor inspector
or a medical doctor designated by a labor inspector shall present
his identification card and a letter of order for medical examination
issued by the Minister of Employment and Labor before performing
his duty. <Amended by Act No. 10339, Jun. 4, 2010>
(4) With regard to a letter of order for inspection or medical
examination prescribed in paragraph (3), the date, place and scope
shall be clearly stated therein.
(5) A labor inspector shall have the authority to perform the
official duties of the judicial police officer in accordance with
the Act relating to Persons to Perform Duties of Judicial Police
and Scope of the Duties with regard to the crimes in violation
of this Act or any other Acts and subordinate statutes pertaining
to labor affairs.
Article 103 (Duty of Labor Inspector)
A labor inspector shall not disclose any confidential information
which he/she learned through the course of performing his
official duty. The same shall be applied after he/she is no longer
in the official capacity.
Article 104 (Report to Supervisory Authorities)
(1) If any violation of the provisions of this Act or the Presidential
Decree promulgated pursuant hereto occurs at a workplace, a
worker may notify the Minister of Employment and Labor or a
labor inspector of the violation. <Amended by Act No. 10339, Jun.
4, 2010>

LABOR STANDARDS ACT
(2) No employer shall dismiss or unfairly treat the worker

for giving such notification as provided for in paragraph (1).
Article 105 (Limit of Judicial Police Duty)
Public prosecutors and labor inspectors shall be wholly in
charge of inspecting, requesting the presentation of documents,
questioning and conducting any other investigation, in accordance
with this Act or any other Acts and subordinate statutes
pertaining to labor affairs; however, this shall not apply to an
investigation into an offence or a crime committed by a labor
inspector in the course of performing his official duty.
under this Act may be delegated, in part, to the head of a local
employment and labor office as prescribed by the Presidential
CHAPTER Ⅻ
Penal Provisions

A person who violates the provisions of Article 7, 8, 9, 23
(2) or 40 shall be punished by imprisonment of up to five
years or by a fine not exceeding thirty million won.
A labor inspector who willfully overlooks any violation of
the provisions of this Act shall be punished by imprisonment of
up to three years or suspension of civil rights for up to five years.
(1) A person who violates the provisions of Article 36, 43,
44, 44-2, 46, 56, 65 or 72 shall be punished by imprisonment of
up to three years or by a fine not exceeding twenty million
won. <Amended by Act No. 8561, Jul. 27, 2007>
(2) A prosecution against a person who violates the
provisions of Article 36, 43, 44, 44-2, 46 or 56 shall not be filed
against the clearly expressed will of the victim. <Amended by
Act No. 8561, Jul. 27, 2007>
▮▮ 471
4. LABOR STANDARDS

Any person falling within the purview of any of the
following subparagraphs shall be punished by imprisonment of
up to two years, or by a fine not exceeding ten million won:
<Amended by Act No. 9699, May 21, 2009 and Act No. 11270, Feb.
1, 2012>
1. A person who violates Article 10, 22 (1), 26, 50, 53 (1),
(2) and (3), 54, 55, 60 (1), (2), (4) and (5), 64 (1), 69, 70
(1) and (2), 71, 74 (1) through (5), 75, 78 through 80, 82,
83 or 104 (2);
2. A person who violates orders issued in accordance with
Article 53 (4)
A person who fails to comply with a remedy order confirmed
pursuant to Article 31 (3) or confirmed after the filing of an
administrative lawsuit, or a decision rendered after the reexamination
of a remedy order shall be punished by imprisonment of up to
one year or a fine not exceeding ten million won.
Article 112 (Accusation)
(1) An offence prescribed in Article 111 shall be prosecutable
only with the accusation of the offence by the Labor Relations
Commission.
(2) A prosecutor may notify the Labor Relations Commission
of an occurrence of an offence under paragraph 1 and ask the
Commission to file an accusation.
A person who violates the provisions of Article 45 shall be
punished by a fine not exceeding ten million won.
A person who falls within the purview of any of the
following subparagraphs shall be punished by a fine not
exceeding five million won: <Amended by Act No. 8561, Jul. 27,
2007; Act No. 9038, Mar. 28, 2008; Act No. 9699, May 21, 2009;
and Act No. 11270, Feb. 1, 2012>
1. A person who violates Article 6, 16, 17, 20, 21, 22 (2) or
47, the proviso of Article 53 (3), Article 67 (1) and (3), 70
(3), 73, 74 (6), 77, 94, 95, 100 or 103;
2. A person who fails to comply with an order issued in
accordance with Article 96 (2);

LABOR STANDARDS ACT

If an agent, a servant or any other employee of an
employer commits the offence prescribed in Article 107, Articles
109 through 111, Article 113 or Article 114 in relation to matters
concerning the workers of the employer, the fine prescribed in
the respective Article shall be imposed on the employer, in
addition to the punishment of the offender: Provided that this
shall not apply unless the employer neglects to give considerable
attention and supervision to the business concerned in order to
prevent such offence.
<This Article Wholly Amended by Act No. 9699, May 21, 2009>
(1) A person who falls under the purview of any of the
following subparagraphs shall be punished by a fine for
negligence not exceeding five million won: <Amended by Act No.
9699, May 21, 2009; Act No. 10339, Jun. 4, 2010; and Act No.
12527, Mar. 24, 2014>
1. A person who fails to report or present him/herself or
makes a false report in response to a request from the
Minister of Employment and Labor, the Labor Relations
Commission or a labor inspector under Article 13;
2. A person who violates Article 14, 39, 41, 42, 48, 66, 74
(7), 91, 93, 98 (2) or 99;
3. A person who refuses, avoids or otherwise obstructs a
clinical or medical examination conducted by a labor
inspector or a doctor designated by a labor inspector
pursuant to Article 102; fails to answer his/her question
or gives an false answer; fails to submit books and
documents; or submits false books and documents.
(2) The fine for negligence under paragraph (1) shall be
imposed and collected by the Minister of Employment and
No. 10339, Jun. 4, 2010>
(3) Deleted. <Act No. 9699, May 21, 2009>
Addenda <Act No. 8372, Apr. 11, 2007>

▮▮ 473
4. LABOR STANDARDS
Provided that the amended provisions of Article 16 (24) of the

Addenda shall take effect on April 12, 2007; the amended
provisions of Articles 12, 13, 17, 21, 23 (1), 24 (3), 25 (1), 27
through 33, 37 (1), 38, 43, 45, 64, 77 and 107, subparagraph 1
of Article 110, Articles 111, 112, 114 and 116, and Article 16 (9)
of the Addenda shall take effect on July 1, 2007; and the
amended provisions of Article 16 (21) shall take effect on July
20, 2007.
Article 2 (Transitional Measures concerning Enforcement Date)
The previous provisions of Articles 11, 12, 24, 28, 30 (1), 31
(3), 31-2 (1), 33, 36-2 (1), 37, 42, 44, 77 and 110, subparagraph 1
of Article 113 and Article 115 shall apply until the amended
provisions of Articles 12, 13, 17, 21, 23 (1), 24 (3), 25 (1), 28, 37
(1), 38, 43, 45, 77 and 107, subparagraph 1 of Article 110 and
Article 114, which correspond to the said previous provisions,
take effect in accordance with the proviso to Article 1 of the
Addenda.
Article 3 (Period of Validity)
The amended provisons of Article 16 shall remain effective
until June 30, 2007.
Article 4 (Enforcement Date of Labor Standards Act Amended by
Act No. 6974)
The enforcement date of the Labor Standards Act amended
by Act no. 6974 shall be as follows:
1. Financial and insurance businesses, government-invested
institutions under Article 2 of the Framework Act on the
Management of Government-Invested Institutions, local public
enterprises and local public corporations under Articles 49
and 76 of the Local Public Enterprises Act, institutions and
organizations, not less than 1/2 of whose capital or basic
assets are invested or contributed by the State, any local
government or any government-invested institution, institutions
and organizations, not less than 1/2 of whose capital or
basic assets are invested or contributed by the said institutions
and organizations and businesses or workplaces ordinarily
employing 1,000 workers or more: July 1, 2004;
or more but fewer than 1,000: July 1, 2005;
or more but fewer than 300: July 1, 2006;

LABOR STANDARDS ACT

or more but fewer than 100: July 1, 2007;
or more but fewer than 50: July 1, 2008; and
6. Businesses or workplaces ordinarily employing fewer than 20
workers and any institution of State and local governments:
the date prescribed by the Presidential Decree but no later
than 2011
Article 5 (Special Cases concerning Application of Labor Standards
Act Amended by Act No. 6974)
If an employer makes a report to the Minister of Labor after
obtaining consent from a trade union composed of a majority of
workers or if there is no such trade union, from a majority of
workers before the enforcement date specified in Article 4 of
the Addenda, as prescribed by the Ordinance of the Ministry of
Labor, the amended provisions may apply even prior to the
enforcement date specified in Article 4 of the Addenda.
Article 5-2 (Special Cases in Application of Working Hours of
Construction Work)
Notwithstanding subparagraph 6 of Article 4 of the Addenda,
whether working hours under Article 50 apply to all the
workers employed for construction work which includes all or
some of the following construction work and the contracts for
which are awarded by the same person and which is deemed
to be performed according to one consistent system in terms of
the purpose, place, period, etc., of the construction work (hereinafter
referred to as "related construction work" in this Article) shall
be decided on the basis of the number of workers ordinarily
employed for the related construction work, which is calculated
based on the total amount of contract price at the time of
awarding contracts for the related construction work:
1. Construction work under the Framework Act on the
Construction Industry;
2. Electrical systems installation under the Electrical Construction
Business Act;
3. Information and communications systems installation under
the Information and Communications Construction Business
Act;
4. Fire-fighting systems installation under the Fire-Fighting
System Installation Business Act; and
5. Cultural property repair under the Cultural Heritage Protection
▮▮ 475
4. LABOR STANDARDS
Act
Article 6 (Special Cases concerning Extended Work)
(1) "12 hours" shall be read as "16 hours" for three years
from the enforcement date referred to in each subparagraph of
Article 4 of the Addenda (referring to the application date if
the report is made to the Minister of Labor pursuant to Article
5 of the Addenda; hereinafter the same shall apply) in applying
Article 53 (1) and 59 (1).
(2) In applying paragraph (1), "50/100" in Article 56 shall be
read as "25/100" with respect to the first four hours.
Article 7 (Preservation of Wage Level and Changes, etc., in Collective
Agreement)
(1) Employers shall work to keep the existing wage levels
and ordinary wages per hour from being lowered due to the
enforcement of the Labor Standards Act amended by Act no. 6974.
(2) In relation to the enforcement of the Labor Standards
Act amended by Act no. 6974, workers, trade unions and employers
shall work to reflect measures to preserve wage levels and the
amended provisions of the same Act in their collective agreements,
employment rules, etc., as soon as possible regardless of
whether such collective agreements expire or not.
(3) In applying paragraphs (1) and (2), wage components
and the method of adjusting wages shall be autonomously
determined by the workers, trade union and employer concerned
through collective agreements, employment rules, etc.
Article 8 (Transitional Measures concerning Annual and Monthly
Paid Leave)
Monthly paid leave and annual paid leave occurring prior
to the enforcement date of the Labor Standards Act amended
by Act no. 6974 shall be governed by the previous provisions.
Article 9 (Application Example concerning Late Payment Interest)
The amended provisions of Article 36-2 of the Labor
Standards Act amended by Act no. 7465 shall apply to cases
where the cause for payment occurs after the same Act enters
into force.
Article 10 (Application Example concerning Protective Leave etc.,
for Miscarriage or Stillbirth)
The amended provisions of Article 72 (2) and (3) of the Labor

LABOR STANDARDS ACT
Standards Act amended by Act no. 7566 shall apply to a female

worker who gives birth to a baby or has a miscarriage or
stillbirth after the same Act enters into force.
Article 11 (Application Example concerning Preferential Re-employment,
etc.)
dismissal for managerial reasons, which occurs after July 1,
2007, the enforcement date of the Labor Standards Act amended
by Act no. 8293.
Article 12 (Application Example concerning Remedy for Unfair
Dismissal, etc.)
The amended provisions of Articles 28 through 33, 111 and
112 shall apply to unfair dismissal which occurs after July 1,
2007, the enforcement date of the Labor Standards Act amended
by Act no. 8293.
Article 13 (Transitional Measures concerning Preferential Payment
of Wage Claims)
(1) Notwithstanding the amended provisions of Article 37 (2)
2 of the Labor Standards Act amended by Act no. 5473, in the
case of workers who retired before the enforcement of the same
Act, the retirement pay for years of consecutive service from
March 29, 1989 shall be subject to preferential payment.
(2) Notwithstanding the amended provisions of Article 37 (2)
2 of the Labor Standards Act amended by Act no. 5473, in the
case of workers who were hired before and retired after the
enforcement of the same Act, the retirement pay for years of
consecutive service from March 29, 1989 to the day before the
enforcement of the same Act plus the retirement pay of the
final three years arising from years of consecutive service after
the enforcement of the same Act shall be subject to preferential
payment.
(3) The amount of retirement pay subject to preferential
payment under paragraphs (1) and (2) shall be equal to thirty
days of average wages for each year of consecutive service.
payment under paragraphs (1) and (2) shall not exceed 250
days of average wages.
Article 14 (General Transitional Measures concerning Disposition, etc.)
Any acts done by or against administrative agencies under
the previous provisions at the time when this Act enters into
▮▮ 477
4. LABOR STANDARDS
force shall be deemed acts done by or against administrative

agencies under the corresponding provisions of this Act.
The application of the penal provisions to any acts
committed before this Act enters into force shall be subject to
the previous provisions.
Article 16 Omitted.
Article 17 (Relation to Other Acts and Subordinate Statues)
Any reference to the previous Labor Standards Act or its
provisions in other Acts and subordinate statutes at the time
when this Act enters into force shall be deemed a reference to
this Act or its corresponding provisions, if any, in lieu of the
Addenda <Act No. 9699, May. 21, 2009>

This Act shall take effect three months after its promulgation.
(2) (Transitional Measures concerning Penal Provisions)
The application of penal provisions to any act committed
before this Act enters into force shall be governed by the previous
provisions.
Addenda <Act No. 10303, May. 17, 2010; Revision of the Banking Act>

<Proviso omitted>
(10) Parts of the Labor Standards Act shall be revised as follows:
“Financial institutions” in Article 37 (1) shall be changed to
“banks”.
Article 10 Omitted.

LABOR STANDARDS ACT

Organization Act>

<Proviso omitted>
“Minister of Labor” in Article 13, Article 24 (4), Article 53
(3) and (4), subparagraph 3 of Article 63, proviso of Article 64
(1), Article 64 (3), Article 67 (2), proviso of Article 70 (2),
Article 70 (3), title and paragraphs (1) through (4) of Article 88,
Article 89 (1), Article 93, Article 96 (2), Article 102 (3), Article
104 (1), Article 106, Article 116 (1) 1 and Article 116 (2) shall
be changed to “Minister of Employment and Labor”.
“Ordinance of the Ministry of Labor” in proviso of Article 26
shall be changed to “Ordinance of the Ministry of Employment
and Labor”.
“Ministry of Labor” in Article 101 (1) shall be changed to
“Regional labor authority” in Article 106 shall be changed to
“regional employment and labor authority”.
Article 5 Omitted.
Addenda <Act No. 10366, Jun. 10, 2010; Revision of the Act on the
Use of Movables, Receivables, etc., as Security>

This Act shall enter into force two years after its promulgation.
Article 2 Omitted.
▮▮ 479
4. LABOR STANDARDS

“Pledges or mortgages” in Article 38 (1) shall be changed to
“pledges, mortgages or liens under the Act on the Use of
Movables, Receivables, etc., as Security”, and “pledges or
mortgages” in the proviso and paragraph (2) of the same
Article to “pledges, mortgages or liens under the Act on the
Use of Movables, Receivables, etc., as Security”
Article 4 Omitted.
Addenda <Act No. 10719, May 24, 2011; Revision of the Framework
Act on the Construction Industry>

<Proviso omitted>
“Subparagraph 8 of Article 2 of the Framework Act on the
Construction Industry" and "subparagraph 5 of Article 2 of the
same Act" in Article 44-2 (1) shall be changed to "subparagraph
10 of Article 2 of the Framework Act on the Construction
Industry" and "subparagraph 7 of Article 2 of the same Act"
respectively and "subparagraph 5 of Article 2 of the Framework
Act on the Construction Industry" in paragraph (2) of the same
Article shall be changed to "subparagraph 7 of Article 2 of the
Framework Act on the Construction Industry".
"Subparagraph 7 of Article 2 of the Framework Act on the
Construction Industry" in the former part of Article 44-3 (2)
shall be changed to "subparagraph 10 of Article 2 of the
Framework Act on the Construction Industry".


LABOR STANDARDS ACT
Article 2 (Applicability concerning Publication of List of Employers

Delaying Payment)
Where the total amount of unpaid wages, etc., during the
one year before the list publication date is 30 million won or
more, the amended provisions of Article 43-2 (1) shall apply only
to cases where the Minister of Employment and Labor confirms a
delay in payment of wages, etc., after this Act enters into force.
Article 3 (Applicability concerning Provision of Information on
Delays in Payment of Wages, etc.)
Where the total amount of unpaid wages, etc., during the
one year before the date on which information on delays in
payment of wages, etc., is provided is 20 million own or more,
the amended provisions of Article 43-3 (1) shall apply only to
cases where the Minister of Employment and Labor confirms a
delay in payment of wages, etc., after this Act enters into force.
Article 4 (Applicability concerning Annual Paid Leave)
workers whose length of service reaches one year after this Act
enters into force and who register less than 80 percent of
attendance during that one year.
Article 5 (Applicability concerning Splitting up and Use of Maternity Leave)
The amended provisions of Articles 74 (2) shall apply to
workers who make a request to split up maternity leave and
take a part of it after this Act enters into force.
Article 6 (Applicability concerning Miscarriage or Stillbirth Leave)
The amended provisions of Articles 74 (3) shall apply to
workers who make a request to take miscarriage or stillbirth
leave after this Act enters into force.
Parts of the Seafarers Act wholly amended by Act no. 11024
"Protective leave" in Article 69 (3) shall be changed to "leave".
"Protective leave under Article 69 (3)" in Article 70 (4) shall
be changed to "leave under Article 69 (3)".

▮▮ 481
4. LABOR STANDARDS
Article 2 (Applicability Concerning Maternity Leave)

The amended provisions of Article 74 shall apply to workers
who give birth after this Act enters into force.

Provided that the amended provisions of Article 74 (7) through
(9) shall enter into force on the date determined according to
the following classification:
or more: the date six months after the promulgation;
300 workers: the date two years after the promulgation.
Article 2 (Applicability Concerning Advance Notice of Dismissal as
Legal Fiction of Written Notification of Reasons for
Dismissal, etc.)
cases where an advance notice of dismissal is given for the first
time after this Act enters into force.
Article 3 (Applicability Concerning Reduction of Working Hours)
workers who request a reduction of working hours for the first
time after the same amended provisions enter into force.

LABOR STANDARDS ACT
[Table]
Disability Grade and Accident Compensation

Grade Accident Compensation Grade Accident Compensation
Grade 1 1,340 days' aver. wages Grade 8 450 days' aver. wages
Grade 4 920 days' aver. wages Grade 11 200 days' aver. wages
▮▮ 483
4. LABOR STANDARDS
ENFORCEMENT DECREE OF THE LABOR STANDARDS

ACT
Amended by Presidential Decree No. 15682, Feb. 24, 1998

Presidential Decree No. 22061, Feb. 24. 2010
Article 1 (Purpose)
The purpose of this Decree is to provide for the matters
delegated by the Labor Standards Act and those necessary for
the enforcement thereof.
Article 2 (Period and Wages Excluded from the Calculation of Average
Wages)
(1) In case where a period for the calculation of average wages
under Article 2 (1) 6 of the Labor Standards Act (hereinafter
referred to as the "Act") includes a period falling under any of
the following subparagraphs, the period and wages paid for
that period shall be subtracted respectively from the base period
for the calculation of average wages and the total amount of
average wages: <Amended by Presidential Decree No. 20803, Jun. 5,
2008; Presidential Decree No. 22687, Mar. 2, 2011; and Presidential
Decree No. 23946, Jul. 10, 2012>

ENFORCEMENT DECREE OF THE LABOR STANDARDS ACT
1. A probationary period under subparagraph 5 of Article 35

of the Act;
2. A period of shutdown due to reasons attributable to the
employer under Article 46 of the Act;
3. A period of maternity leave under Article 74 of the Act;
4. A period of suspension of work for medical treatment
due to occupational injury or disease under Article 78 of
the Act;
5. A period of child-care leave under Article 19 of the Act
on Equal Employment and Support for Work-Family
Reconciliation;
6. A period of strike under subparagraph 6 of Article 2 of
the Trade Union and Labor Relations Adjustment Act;
7. A period of suspension of service or of non-work owing
to the performance of duties under the Military Service Act,
the Establishment of Homeland Reserve Forces Act, or the
Framework Act on Civil Defense: Provided that this shall
not apply in case wages are paid during that period;
8. A period of suspension of work with the approval of the
employer due to non-occupational injuries, disease or
other reasons.
(2) Wages or allowances paid on an extraordinary basis and
wages paid by means other than in currency shall not be
included in the total amount of wages under Article 2 (1) 6 of
the Act: Provided that this shall not apply to those prescribed
by the Minister of Employment and Labor. <Amended by
Article 3 (Average Wages of Daily Worker)
The amount of average wages of a daily worker shall be
the one determined by the Minister of Employment and Labor
according to industry and occupation. <Amended by Presidential
Decree No. 22269, Jul. 12, 2010>
Article 4 (Average Wages in Special Cases)
In case where it is impossible to calculate average wages in
accordance to Article 2 (1) 6 of the Act, and Articles 2 and 3 of
this Decree, the amount of average wages shall be the one
Article 5 (Adjustment of Average Wages)
(1) If the average amount (hereinafter referred to as the
▮▮ 485
4. LABOR STANDARDS
“average amount”) of monthly ordinary wages per person paid

to workers engaging in the same kind of work in the same
business or workplace to which the relevant worker belongs has
changed by 5 percent or more from the average amount paid in
the month when the injury or disease occurred, the average
wages applicable to the calculation of compensation, etc., under
Articles 79, 80 and 82 through 84 of the Act shall be such
amount as is adjusted according to the increase or decrease rate
and the adjusted average wages shall apply starting from the
month following the month in which such a cause of change
occurred: Provided that if average wages are adjusted twice or
more times, the adjustment should be based on the average
amount for the month when a cause for immediately preceding
change occurred.
(2) In the case of adjusting average wages pursuant to
paragraph (1), if the business or workplace to which the worker
belonged has been closed down, the adjustment shall be based
on the corresponding case of a business or workplace of the
same kind and size as that of the business or workplace to
which the worker belonged at the time when an occupational
injury or disease occurred.
(3) In the case of adjusting average wages pursuant to
paragraphs (1) or (2), if there is no worker engaging in the
same kind of work as that of the relevant worker, the adjustment
shall be based on the corresponding case of a worker engaging
in a similar kind of work to the work concerned.
(4) The average wages applicable to the calculation of retirement
pay under Article 8 of the Employee Retirement Benefit Security
Act, which shall be paid to a worker who suffers from an
occupational injury or disease under Article 78 of the Act, shall
be the average wages adjusted in accordance with the provisions
of paragraphs (1) through (3).
Article 6 (Ordinary Wages)
(1) For the purposes of the Act and this Decree, the term
“ordinary wages” means hourly wages, daily wages, weekly
wages, monthly wages, or contract wages which are determined
to be paid periodically or in lump sum to a worker for his/her
prescribed work or entire work.
(2) In case of calculating ordinary wages under paragraph
(1) on an hourly basis, the amount shall be calculated pursuant
to the following subparagraphs:
1. In the case of wages determined on an hourly basis, the

amount of the hourly wages;

2. In the case of wages determined on a daily basis, the
amount calculated by dividing the daily wages by the
number of contractual working hours per day;
3. In the case of wages determined on a weekly basis, the
amount calculated by dividing the weekly wages by the
number of hours (calculated by adding contractual working
hours per week under Article 2 (1) 7 of the Act to paid
hours beyond the contractual working hours) based on
which weekly ordinary wages are calculated;
4. In the case of wages determined on a monthly basis, the
amount calculated by dividing the monthly wages by the
number of hours (one-twelfth of the number of hours
calculated by multiplying the number of hours based on
which weekly ordinary wages are calculated by the average
number of weeks in the year) based on which monthly
ordinary wages are calculated;
5. In the case of wages determined on the basis of a certain
period other than a day, week, or month, the amount
calculated by applying subparagraphs 2 through 4 mutatis
mutandis;
6. In the case of wages determined under a contract wage
system, the amount calculated by dividing the total sum
of wages under that contract wage system during the
period for wage calculation by the total number of working
hours during that period (referring to the period until the
closing date of wages, if there is any closing date of wages);
7. In case where wages received by a worker are composed
of two or more kinds of wages prescribed in subparagraphs
1 through 6, the sum of each amount calculated pursuant
to subparagraphs 1 through 6.
(3) In case of calculating ordinary wages under paragraph
(1) on a daily basis, the ordinary wages shall be calculated by
multiplying the number of contractual working hours per day
by the hourly wage rate under paragraph (2).
The provisions applicable to businesses or workplaces ordinarily
employing four workers or less pursuant to Article 11 (2) of the
Act are provided for in Table 1.
Article 7-2 (Method of Calculating the Number of Workers Ordinarily
Employed)
▮▮ 487
4. LABOR STANDARDS
(1) “The number of workers ordinarily employed” in Article

11 (3) of the Act shall be calculated by dividing the annual
number of workers employed for one month (referring to the
period since the establishment of the business in case it is less than
one month since the establishment of the business; hereinafter
referred to as “the period for calculation”) prior to the date of
occurrence of a reason (referring to a reason requiring judgment
on whether to apply the Act or this Decree, such as payment
of compensation for suspension of work, application of working
hours, etc.; hereinafter in this Article the same shall apply) for
the application of the Act to the business or workplace concerned
by the total number of operating days during the same period.
(2) Notwithstanding the provision of paragraph (1), the business
or workplace shall be considered a business or workplace (hereinafter
referred to as “business or workplace subject to the Act”) employing
not less than five workers (referring to ten workers in the case
of judging whether to apply Article 93 of the Act; hereinafter
referred to as “the standard for the application of the Act”) or
shall not be considered a business or workplace subject to the
Act in accordance with the following classification:
1. The business or workplace shall be considered a business
or workplace subject to the Act, in case as a result of
calculating the number of workers in the business or workplace
concerned pursuant to paragraph (1), it is found that the
business or workplace does not fall into the category of
businesses or workplaces subject to the Act, but the number
of workers, if calculated by each day of the period for
calculation, is less than 1/2 short of the standard for the
application of the Act;
2. The business or workplace shall not be considered a
business or workplace subject to the Act, in case as a result
of calculating the number of workers in the business or
workplace pursuant to paragraph (1), it is found that the
business or workplace falls into the category of businesses
or workplaces subject to the Act, but the number of workers,
if calculated by each day of the period for calculation, is
not less than 1/2 short of the standard for the application
of the Act
(3) In the case of judging whether to apply the provisions
of Articles 60 through 62 of the Act (excluding part of Article
60 (2) relating to annual paid leave), as a result of calculating
the number of workers per month in the business or workplace

concerned pursuant to paragraphs (1) and (2), it is found that

the business or workplace continues to employ not less than
five workers for one year prior to the date of the occurrence of
a reason for the application of the Act, such business or
workplace shall be considered a business or workplace subject
to the Act.
(4) The annual number of workers under paragraph (1) shall
include all workers described in the following subparagraphs,
excluding dispatched workers under subparagraph 5 of Article 2
of the Act on the Protection, etc., of Dispatched Workers:
1. All workers working in a business or workplace regardless
of their employment status, such as full-time workers
used by the business or workplace concerned, fixed-term
workers under subparagraph 1 of Article 2 of the Act on
the Protection, etc. of Fixed-term and Part-time Employees
and part-time workers under subparagraph 8 of Article 2
of the Act, etc.;
2. In case there is any worker falling under subparagraph
(1), along with a relative living together, in the business
workplace concerned, the relative living together
Jun. 25, 2008>
Article 8 (Working Conditions to Be Specified)
“Other working conditions prescribed by the Presidential
Decree” in the former part of Article 17 of the Act refers to the
following matters:
1. Matters regarding place of employment and work to be
performed;
2. Matters prescribed in subparagraphs 1 through 12 of
3. Matters determined by dormitory rules, in case of having
workers lodge in a dormitory attached to the workplace.
Article 8-2 (Issuance of Written Statement of Working Conditions
at the Workers' Request)
The proviso of Article 17 (2) of the Act, "provided that if
the matters above are altered due to the reasons prescribed by
the Presidential Decree, such as changes in collective agreements
or rules of employment." refers to the cases specified in the
1. When the changes are made by written agreement with
the workers' representatives in accordance with Article 51
▮▮ 489
4. LABOR STANDARDS
(2), Article 52, Article 57, Article 58 (2) and (3), Article
59 or Article 62 of the Act;
2. When the changes are made pursuant to the rules of
employment in accordance with Article 93 of the Act;
3. When the changes are made pursuant to the collective
agreement in accordance with Article 31 (1) of the Trade
Union and Labor Relations Adjustment Act;
4. When the changes are made pursuant to Acts and subordinate
statutes.　
Sep. 22, 2011>
Article 9 (Standards, etc., for Working Conditions for Part-time Workers)
(1) The criteria or other matters to be considered for the
determination of working conditions for part-time workers
under the provisions of Article 18 (2) of the Act are provided
for in Table 2.
(2) Deleted <Presidential Decree No. 20873, Jun. 25, 2008>
Article 10 (Report of Plan for Dismissal for Managerial Reasons)
(1) If an employer intends to dismiss the number of workers
falling under any of the following subparagraphs during a period
of one month pursuant to Article 24 (4) of the Act, he/she
shall report such plan to the Minister of Employment and
Labor 30 days before the intended dismissal begins: <Amended
1. A business or workplace which ordinarily employs 99
workers or less: 10 workers or more;
2. A business or workplace which ordinarily employs 100
workers or more but not more than 999: 10 percent or
more of workers ordinarily employed;
3. A business or workplace which ordinarily employs 1,000
workers or more: 100 workers or more.
(2) The report under paragraph (1) shall include the following
matters:
1. Reasons for dismissal;
2. Number of workers to be dismissed;
3. Details consulted with a representative of workers;
4. Dismissal schedule.
Article 11 (Deadline for Compliance with Remedy Order)
The Labor Relations Commission (hereinafter referred to as

the “Labor Relations Commission”) under the Labor Relations

Commission Act shall, when issuing a remedy order (hereinafter
referred to as “remedy order”) to an employer pursuant to
Article 30 (1) of the Act, set a deadline for compliance. In this
case, the deadline shall fall within thirty days from the date of
issuance of the remedy order.
Article 12 (Deadline for Payment of Enforcement Levy, Submission
of Opinions, etc.)
(1) The Labor Relations Commission shall, when imposing
an enforcement levy pursuant to Article 33 (1) of the Act, set a
deadline for the payment, which shall fall within fifteen days
from the date on which the imposition of the enforcement levy
is notified.
(2) If it is difficult to pay the enforcement levy before the
payment deadline prescribed in paragraph (1) due to a natural
disaster, an armed conflict or any other unavoidable reason, the
Labor Relations Commission may set a deadline which is within
fifteen days from the date on which the reason disappears.
(3) When an employer is informed in writing of the intention
to impose and collect an enforcement levy pursuant to Article
33 (2), a period of at least ten days shall be set and the employer
shall be given an opportunity to state his/her opinions verbally
or in writing (including electronic documents) during that period.
In this case, if no opinion is stated until the end of the set
period, the employer shall be considered to have no opinion.
(4) The procedures for collecting enforcement levies shall be
Article 13 (Criteria for Imposition of Enforcement Levy)
The criteria for the imposition of enforcement levies according
to types and degrees of offenses are provided for in Table 3.
Article 14 (Suspension of Imposition of Enforcement Levy)
If there is a reason falling under any of the following
subparagraphs, the Labor Relations Commission may impose an
enforcement levy after the reason disappears, by virtue of its
authority or at the request of the employer:
1. Where the employer has made objective efforts to comply
with the remedy order but it is obviously difficult for
him/her to comply with it due to unknown whereabouts
of the worker;
▮▮ 491
4. LABOR STANDARDS
2. Where it is difficult to comply with the remedy order

due to a natural disaster, an armed conflict or any other
unavoidable reason.
Article 15 (Return of Enforcement Levy)
(1) If a remedy order by the Labor Relations Commission is
canceled in accordance with a decision rendered by the National
Labor Relations Commission after reexamination or a confirmed
court ruling, the Labor Relations Commission shall immediately
stop imposing and collecting the enforcement levy and return
the enforcement levy already collected by virtue of its authority
or at the request of the employer.
(2) When the Labor Relations Commission returns an enforcement
levy pursuant to paragraph (1), the amount of enforcement levy
multiplied by the interest rate prescribed by the Ordinance of
the Ministry of Employment and Labor over a period from the
date the enforcement levy was paid until the date of the return
shall be returned in addition. <Amended by Presidential Decree
No. 22269, Jul. 12, 2010>
(3) The specific procedures for returning enforcement levies
pursuant to paragraph (1) shall be prescribed by the Ordinance
of the Ministry of Employment and Labor. <Amended by Presidential
Decree No. 22269, Jul. 12, 2010>
Article 16 (Definition of Probationary Worker)
For the purposes of subparagraph 5 of Article 35 of the Act,
the term “probationary worker” means a worker for whom less
than three months have passed since the start of his/her
probationary period.
Article 17 (Late Payment Interest Rate on Unpaid Wages)
“The interest rate prescribed by the Presidential Decree” in
Article 37 (1) of the Act refers to an annual rate of twenty percent.
Article 18 (Reasons for Exclusion from Application of Late Payment
Interest)
“Any other reason prescribed by the Presidential Decree” in
Article 37 (2) of the Act refers to any of the following cases:
1. Where the case falls under any of the subparagraphs of
Article 4 of the Enforcement Decree of the Wage Claim
Guarantee Act;
2. Where it is difficult to secure enough funds to pay wages
and retirement pay due to the constraints of Acts and
subordinate statutes, such as the Debtor Rehabilitation

and Bankruptcy Act, the National Finance Act, the Local

Government Act, etc.;
3. Where it is deemed appropriate to bring the case to a
court or the Labor Relations Commission to decide whether
wages and retirement pay whose payment is delayed in
whole or in part exist or not;
4. Where there is any other reason equivalent to those
prescribed in paragraphs (1) through (3).
Article 19 (Request for Issuance of Certificate of Employment)
A person eligible to request the issuance of a certificate of
employment in accordance with the provisions of Article 39 (1)
of the Act shall be a worker who has served consecutively for
not less than thirty days, and such request shall be made
within three years after his/her retirement.
Article 20 (Matters to Be Entered in Register of Workers)
Matters described in the following subparagraphs shall be
entered in a worker register under Article 41 (1) of the Act, as
Labor: <Amended by Presidential Decree No. 22269, Jul. 12, 2010>
1. Name;
2. Sex;
3. Date of birth;
4. Address;
5. Personal history;
6. Type of work to be performed;
7. Date of employment or renewal of employment, contract
period agreed upon, if any, and other matters relating to
employment;
8. Date of dismissal, retirement or death, and the reasons
therefor;
Article 21 (Exception to Requirement to Prepare Register of Workers)
With respect to a daily worker who has been employed for
a period of less than thirty days, a register of worker may not
be prepared.
Article 22 (Preservation of Documents, etc.)
(1) “Important documents regarding labor contracts prescribed
by the Presidential Decree” in Article 42 of the Act means the
following documents:
1. Labor contracts;
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4. LABOR STANDARDS
2. Wage ledgers;
3. Documents pertaining to the basis for determination,
payment method and calculation of wages;
4. Documents pertaining to employment, dismissal or retirement;
5. Documents pertaining to promotion or demotion;
6. Documents pertaining to leave of absence;
7. Documents pertaining to approval or authorization under
Article 53 (3), subparagraph 3 of Article 63 and the
proviso of Article 70 (2) of the Act;
8. Documents related to written agreements under Articles
51 (2), 52, 58 (2) and (3), and 59 of the Act;
9. Documents pertaining to certification of the minor under
(2) The preservation period under Article 42 of the Act shall
be counted from any of the following dates:
1. Date of death, retirement, or dismissal of a worker, in
case of a register of workers;
2. Date of termination of labor relations, in case of labor
contracts;
3. Date of the last entry, in case of wage ledgers;
4. Date of dismissal or retirement of a worker, in case of
documents pertaining to employment, dismissal, or retirement;
5. Date of approval or authorization, in case of documents
pertaining to approval or authorization under paragraph (1) 7;
6. Date of agreement concluded in writing, in case of documents
related to a written agreement under paragraph (1) 8;
7. Date on which the minor attains the age of 18 (the date
of dismissal, retirement, or death, in case where the minor
is dismissed, retires, or dies before reaching the age of 18),
in case of documents pertaining to certification of the minor;
8. Date of completion, in case of other documents.
Article 23 (Exception to Wages Paid Once or More Per Month)
“Extraordinary wages, allowances, or any other similar payment
or those wages provided for by the Presidential Decree” in the
proviso of Article 43 (2) of the Act means those described in
the following subparagraphs:
1. Allowances for good attendance paid on the basis of an
attendance record for a period exceeding one month;
2. Seniority allowances paid for consecutive service for a
fixed period exceeding one month;
3. Bounties, proficiency allowances, or bonuses calculated for
any reason existing for a period exceeding one month;

4. Other various allowances not paid on a regular basis.

Article 23-2 (Those Excluded from Publication of List of Employers
Delaying Payment)
"Any reason prescribed by the Presidential Decree, such as
when the publication of the list is not found effective due to
the death or business closure of the employer delaying payment"
in the proviso to Article 43-2 (1) of the Act means any of the
following cases:
1. Where the employer (hereinafter referred to as "employer
delaying payment") who has failed to pay wages, compensation,
allowances or any other money and valuables under
Articles 36, 43 and 56 of the Act (hereinafter referred to
as "wages, etc.") dies or is declared missing pursuant to
Article 27 of the Civil Act (applicable only when the
employer delaying payment is a natural person);
2. Where the employer delaying payment pays the full amount
of unpaid wages, etc., before the explanation period
under Article 43-2 (2) of the Act ends;
3. Where the employer delaying payment receives a decision
to commence the rehabilitation procedures or is declared
bankrupt under the Debtor Rehabilitation and Bankruptcy Act;
4. Where the employer delaying payment receives recognition
of facts, such as bankruptcy, under Article 5 of the
Enforcement Decree of the Wage Claim Guarantee Act;
5. Where the wage delay information deliberation committee
under Article 43-2 (3) of the Act (hereinafter referred to
as "committee" in this Article) deems it necessary to exclude
the employer delaying payment from the publication of
the list because he/she has paid part of unpaid wages,
etc., and sufficiently explained a concrete plan to pay off
remaining unpaid wages, etc., and measures to finance
them; and
6. Cases equivalent to those described in subparagraphs 1
through 5, where the committee deems it ineffective to
make public personal information, etc., on the employer
delaying payment.
Jun. 21, 2012>
Article 23-3 (Details, Period, etc., of Publication of List)
(1) The Minister of Employment and Labor shall make
public the following details pursuant to Article 43-2 (1) of the Act:
▮▮ 495
4. LABOR STANDARDS
1. The name, age, company name and address of the employer

delaying payment (in cases where the employer delaying
payment is a corporation, referring to the name, age and
address of the representative thereof and the name and
address of the corporation); and
2. The amount of unpaid wages, etc., for the three years
prior to the date of publication.
(2) The disclosure under paragraph (1) shall be made by
publishing the list in an official gazette or posting it on the
relevant internet homepage, the bulletin board of the competent
local employment and labor office or in any other public place
that makes it available for inspection, for three years.
Jun. 21, 2012>
Article 23-4 (Those Excluded from Provision of Information on
Delays in Payment of Wages, etc.)
"Any reason prescribed by the Presidential Decree, such as
when the provision of information on delays in payment of
wages, etc., is not found effective due to the death or business
closure of the employer delaying payment" in the proviso to
Article 43-3 (1) of the Act means any of the following cases:
1. Where the employer delaying payment dies or is declared
missing pursuant to Article 27 of the Civil Act (applicable
only when the employer delaying payment is a natural
person);
2. Where the employer delaying payment pays the full amount
of unpaid wages, etc., before the date on which information
on delays in payment of wages, etc., under Article 43-3
(1) of the Act (hereinafter referred to as "information on
delays in payment of wages, etc.,) should be provided;
3. Where the employer delaying payment receives a decision
to commence the rehabilitation procedures or is declared
bankrupt under the Debtor Rehabilitation and Bankruptcy Act;
4. Where the employer delaying payment receives recognition
of facts, such as bankruptcy, under Article 5 of the
Enforcement Decree of the Wage Claim Guarantee Act; and
5. Where the Minister of Employment and Labor deems that
the employer delaying payment is making sincere efforts
to pay off unpaid wages, etc., because he/she has paid
part of unpaid wages, etc., and sufficiently explained a
concrete plan to pay off remaining unpaid wages, etc.,
and measures to finance them.


Jun. 21, 2012>
Article 23-5 (Procedure, etc., for Providing Information on Delays
in Payment of Wages, etc.)
(1) A person (hereinafter referred to as "demander") who
demands information on delays in payment of wages, etc.,
pursuant to Article 43-3 (1) of the Act shall submit to the
Minister of Employment and Labor documents stating the
following matters:
1. The name, company name and address of the demander
(in cases where the demander is a corporation, referring
to the name of the representative thereof and the name
and address of the corporation); and
2. Demanded contents of information on delays in payment
of wages, etc., and the purpose of use thereof.
(2) The Minister of Employment and Labor may prepare
and provide information on delays in payment of wages, etc.,
under paragraph (1) in the form of a paper document or an
electronic file.
(3) If any of the events referred to in Article 23-4 occurs after
information on delays in payment of wages, etc., is provided
pursuant to paragraph (2), the Minister of Employment and
Labor shall notify the demander of the details thereof within 15
days from the date when the Minster becomes aware of such facts.
Jun. 21, 2012>
Article 24 (Causes Attributable to Contractor)
The scope of attributable causes under Article 44 (2) of the
Act shall be as follows: <Amended by Presidential Decree No.
23868, Jun. 21, 2012>
1. Where the contractor fails to pay the contract price on
the due date agreed upon in the relevant contract without
a justifiable reason;
2. Where the contractor delays a supply of or fails to supply,
raw materials agreed upon in the relevant contract without
a justifiable reason;
3. Where the contractor fails to comply with the terms and
conditions of the relevant contract without a justifiable
reason, and as a result, the subcontractor fails to perform
contract work in a normal way.
▮▮ 497
4. LABOR STANDARDS
Article 25 (Payment of Wages Before Payment Date)

“Other cases of emergency prescribed by the Presidential
Decree” in Article 45 of the Act means cases where a worker
or a person who lives on the worker's income falls under any
of the following subparagraphs:
1. In case of child birth, disease, or accidents;
2. In case of marriage or death;
3. In case of going back home for a period of one week or
more for any unavoidable reason.
Article 26 (Calculation of Allowances for Suspension of Business)
In case where a worker has received part of wages during
the suspension of business due to a cause attributable to the
employer, the employer shall, pursuant to the main sentence of
Article 46 (1) of the Act, calculate the difference by subtracting
the amount of wages paid from the average wages, and pay
the worker allowances equivalent to seventy percent or more of
that difference: Provided that in case where ordinary wages are
paid as allowances for the suspension of business pursuant to
the proviso of Article 46 (1) of the Act, the amount calculated
by subtracting the amount of wages paid during the suspension
of business from the ordinary wages shall be paid.
Article 27 (Entries to Be Made into Wage Ledger)
(1) An employer shall enter the following descriptions of
each worker into the wage ledger under Article 48 of the Act:
1. Name;
2. Resident registration number;
3. Date of employment;
4. Description of duties;
5. Matters on the basis of which wages and family allowances
are calculated;
6. Number of working days;
7. Number of working hours;
8. Number of hours of overtime work, night work, or holiday
work if any;
9. Amount by wage category, such as basic pay, allowances,
or other wages (in case there are wages paid by means
other than in currency, their name, quantity and estimated
total amount);
10. Amount deducted pursuant to the proviso of Article 43
(1) of the Act, if there is any such deduction.

(2) With respect to daily workers whose period of employment

is less than thirty days, the descriptions under paragraph (1) 2
and 5 may not be entered.
(3) With respect to workers falling under any of the following
subparagraphs, the descriptions under paragraph (1) 7 and 8
may not be entered:
1. Workers of a business or workplace which ordinarily employs
4 workers or less as prescribed in Article 11 (2) of the Act;
2. Workers who fall under any of the subparagraphs of
Article 28 (Matters Agreed upon with Respect to Flexible Working
Hours System)
(1) “Other matters prescribed by the Presidential Decree” in
Article 51 (2) 4 of the Act means the valid period of a written
agreement.
(2) If necessary for requiring an employer to take measures
to preserve wage levels under Article 51 (4) of the Act, the
Minister of Employment and Labor may order the employer to
present the details of such measures, or may directly check
them. <Amended by Presidential Decree No. 22269, Jul. 12, 2010>
Article 29 (Matters Agreed upon with Respect to Selective Working
Hours System)
“Other matters prescribed by the Presidential Decree” under
subparagraph 6 of Article 52 of the Act means standard working
hours (working hours per day based on which the employer and
the workers’ representative agree to calculate paid leave, etc.).
Article 30 (Weekly Holiday)
The paid holiday under Article 55 of the Act shall be
granted to a person who has shown perfect attendance of the
contractual working days during one week.
Article 31 (Jobs Eligible for Discretionary Working System)
(1) “Works designated by the Presidential Decree” in the
former part of Article 58 (3) of the Act means any of the
following jobs: <Amended by Presidential Decree No. 22269, Jul. 12,
2010>
1. Research on and development of, new products or technologies
and research in the areas of humanities, or social or
natural sciences;
2. Designing or analysis of data processing systems;
3. Gathering, compilation or editing of materials for newspaper,
▮▮ 499
4. LABOR STANDARDS
broadcasting, or publication business;

4. Designing or creation of clothing, interior decoration,
industrial goods, advertisements, etc.;
5. Work of a producer or director in the business of producing
broadcasting programs, motion pictures, etc.;
6. Other jobs determined by the Minister of Employment and
Labor.
Article 32 (Business Eligible for Special Exception to Working
Hours and Recess Hours)
“Businesses prescribed by the Presidential Decree” in subparagraph
4 of Article 59 of the Act means social welfare businesses.
Article 33 (Payment Date of Leave Allowances)
The wages under Article 60 (5) of the Act shall be paid on
the pay day before or immediately after paid leave is granted.
Article 34 (Worker Excluded from Application of Working Hours, etc.)

“Work prescribed by the Presidential Decree” in subparagraph
4 of Article 63 of the Act means managerial and supervisory
work or work of handling confidential information irrespective
of type of business.
Article 35 (Issuance, etc. of Employment Permit)
(1) A person eligible for an employment permit under
Article 64 of the Act shall be thirteen years old or above but
less than fifteen years old: Provided that even those under the
age of thirteen may be eligible for an employment permit if it
is for participation in art performance.
(2) A person who intends to obtain an employment permit
under paragraph (1) shall file an application therefor with the
Minister of Employment and Labor, as prescribed by the
(3) The application under paragraph (2) shall be jointly
signed by the school principal (limited to those subject to compulsory
education and those attending a school), a person with parental
authority or a guardian and the prospective employer.
Article 36 (Delivery of Employment Permit)
In case where the Minister of Employment and Labor grants
an employment permit in response to an application made
pursuant to Article 35 (2), he/she shall deliver the employment
permit prescribed by the Ordinance of the Ministry of Employment

and Labor, with type of work designated, to the applying

worker and prospective employer. <Amended by Presidential
Decree No. 22269, Jul. 12, 2010>
Article 37 (Types of Work Prohibited from Employment Permit)
For types of work prescribed in Article 40, an employment
permit shall not be issued.
Article 38 (Keeping and Return of Employment Permit)
(1) If an employer employs a person under the age of
fifteen and keeps the employment permit, he/she shall be
deemed to keep the certificate proving family relationships and
the written consent of the person with parental authority or the
guardian under Article 66 of the Act. <Amended by Presidential
Decree No. 20873, Jun. 25, 2008>
(2) An employer who ceases to employ a person under the
age of fifteen and the person concerned shall return, without
delay, the employment permit to the Minister of Employment and
Article 39 (Reissuance of Employment Permit)
In case where an employment permit is destroyed or lost,
the employer or the relevant worker under the age of fifteen
shall apply, without delay, for the reissuance of a new employment
permit, as prescribed by the Ordinance of the Ministry of
22269, Jul. 12, 2010>
Article 40 (Types of Work Prohibited for Pregnant Women, etc.)
The types of work for which the employment of pregnant
women, women aged eighteen or older but not pregnant and
those under the age of eighteen is prohibited pursuant to
Article 65 of the Act are provided for in Table 4.
Article 41 (Calculation of Working Hours)
The working hours under Article 69 of the Act and Article
46 of the Occupational Safety and Health Act mean actual
working hours excluding recess hours.
Article 42 (Jobs Permitted for Working Inside Pits)
The jobs for which women and those under the age of
eighteen may be placed temporarily inside a pit under Article
72 of the Act shall be as follows:
1. Jobs for health, medical treatment and welfare;
▮▮ 501
4. LABOR STANDARDS
2. Jobs for news reporting and gathering to make newspapers,

publish and produce broadcasting programs;
3. Surveying for academic research;
4. Jobs for management and supervision;
5. Practical training in a field relating to any job under
subparagraphs 1 through 4.
Article 43 (Request, etc., for Miscarriage or Stillbirth Leave)
(1) "Any reason prescribed by the Presidential Decree" in the
former part of Article 74 (2) of the Act means any of the
following cases: <Newly Inserted by Presidential Decree No. 23868,
Jun. 21, 2012>
1. Where the pregnant worker has experienced a miscarriage
or stillbirth before;
2. Where the pregnant worker is aged 40 or above at the
time of requesting maternity leave; and
3. Where the pregnant worker has submitted a medical
report issued by a medical institution, which states that
she is at risk of a miscarriage or stillbirth.
(2) If a worker who has a miscarriage or stillbirth requests
miscarriage or stillbirth leave pursuant to Article 74 (3) of the
Act, she shall submit to the employer an application for miscarriage
or stillbirth leave containing the reason for requesting leave, the
date of miscarriage or stillbirth, the pregnancy period, etc.,
along with a medical report issued by a medical institution.
<Amended by Presidential Decree No. 23868, Jun. 21, 2012>
(3) An employer shall grant miscarriage or stillbirth leave to
a worker who requests miscarriage or stillbirth leave pursuant
to paragraph (2), in accordance with the following standards:
1. Where the pregnancy period of the worker who has a
miscarriage or stillbirth (hereinafter referred to as "pregnancy
period") is less than 11 weeks: up to 5 days from the
date of miscarriage or stillbirth;
2. Where the pregnancy period is 12 weeks or more but less
than 15 weeks: up to 10 days from the date of miscarriage
or stillbirth;
or stillbirth
or stillbirth; and

5. Where the pregnancy period is 28 weeks or more: up to

90 days from the date of miscarriage or stillbirth.
Article 44 (Scope, etc. of Occupational Diseases)
(1) The scope of occupational diseases and medical treatment
under Article 78 (2) of the Act is provided for in Table 5.
(2) In case where a worker suffers an occupational disease,
or injury or is dead in the course of employment, the employer
shall have him/her see a doctor without delay.
Article 45 Deleted <Presidential Decree No. 20873, Jun. 25, 2008>
Article 46 (Time of Payment of Compensation for Medical Treatment
and Compensation for Suspension of Work)
Compensation for medical treatment and compensation for
suspension of work shall be made at least once a month.
Article 47 (Determination of Grade of Disability)
(1) Grades of physical disability on the basis of which
compensation for disability has to be paid pursuant to Article
80 (3) of the Act are provided for in Table 6. <Amended by
Presidential Decree No. 20873, Jun. 25, 2008>
(2) In case where any person has two or more physical
disabilities as prescribed in Table 6, his/her grade of physical
disability shall be the one corresponding to the more serious
disability: Provided that in the case of the following subparagraphs,
his/her grade of physical disability shall be the one adjusted
according to the relevant subparagraph. In this case, if the
adjusted grade is higher than Grade 1, it shall be Grade 1:
1. Where he/she has two or more physical disabilities falling
under Grade 5 or above: his/her grade of physical disability
shall be raised by three grades from the grade corresponding
to the more serious disability;
2. Where he/she has two or more physical disabilities
falling under Grade 8 or above, his/her grade of physical
disability shall be raised by two grades from the grade
corresponding to the more serious disability;
3. Where he/she has two or more physical disabilities falling
under Grade 13 or above, his/her grade of physical disability
shall be raised by one grade from the grade corresponding
to the more serious disability.
(3) In cases of physical disabilities which do not fall under
any of the categories in Table 6, compensation therefor shall be
made according to the degree of the disability by referring to
▮▮ 503
4. LABOR STANDARDS
equivalent physical disabilities in Table 6.

Article 48 (Scope, etc., of Surviving Family Members)
(1) The scope of surviving family members under Article 82
(2) of the Act shall be as follows. In this case, survivor's
compensation shall be made in the following order of priority,
and if surviving family members fall under the same subparagraph,
the compensation shall be made in the order of priority as
mentioned therein: <Amended by Presidential Decree No. 20873,
Jun. 25, 2008>
1. Spouses (including de facto spouses), children, parents,
grandchildren and grandparents who were dependent
upon the worker at the time of his/her death;
2. Spouses, children, parents, grandchildren and grandparents
who were not dependent upon the worker at the time of
his/her death;
3. Brothers and sisters who were dependent upon the
worker at the time of his/her death;
4. Brothers and sisters who were not dependent upon the
worker at the time of his/her death.
(2) In determining the order of priority among surviving
family members, adoptive parents shall take precedence over
biological parents, the parents of adoptive parents over the parents
of biological parents and the adoptive parents of parents over
the biological parents of parents.
(3) Notwithstanding the provisions of paragraphs (1) and (2),
if the worker designated a particular person, if any, among the
surviving family members under paragraph (1), in his/her will
or in a pre-arrangement with the employer, the designated
person shall take precedence over the others.
Article 49 (Members of Same Priority)
In case where there are two or more members of the same
priority eligible for compensation for survivors, the compensation
shall be divided equally among the members.
Article 50 (Death of Person Confirmed as Recipient of Compensation)
In case of the death of a member confirmed as a recipient
of compensation for survivors, the compensation shall be paid
to the members of the same priority as him/her, and if there is
no such members, to the members of the next priority.

Article 51 (Time of Compensation)

(1) Disability compensation shall be paid without delay after
a worker completely recovers from an injury or a disease.
(2) Compensation for survivors and funeral expenses shall
be paid without delay after the death of a worker.
Article 52 (Date of Occurrence of Cause for Calculating Average
Wages In Case of Payment of Accident Compensation)
In case of paying accident compensation, the date on which
an accident causing the death or injury takes place or the date
on which it is confirmed through medical examination that the
disease occurred shall be deemed the date of occurrence of the
cause for calculating average wages.
Article 53 Deleted <Presidential Decree No. 20873, Jun. 25, 2008>
Article 54 (Posting, etc., of Draft of Dormitory Rules)
An employer who intends to obtain the consent of a person
representing a majority of workers pursuant to Article 99 (2) of
the Act shall post a draft of dormitory rules at a conspicuous
place in the dormitory or make it available for inspection for
seven days or longer before obtaining consent thereto from
them, if a majority of the workers accommodated in the
dormitory are less than eighteen years old.
Article 55 (Separation of Male and Female in Dormitory)
An employer shall not have male and female workers
accommodated in the same room of a dormitory.
Article 56 (Location of Dormitory)
If an employer intends to establish a dormitory, he/she
shall not choose a place with strong noise and vibration.
Article 57 (Bedroom)
Workers of two or more teams whose working hours are
different shall not be accommodated in the same bedroom.
Article 58 (Standards for Establishment of Dormitory)
The area of dormitory bedrooms shall be not less than 2.5
square meters per person, and the number of persons
accommodated in one room shall be not more than fifteen.
The Minister of Employment and Labor shall delegate
his/her authority over the following matters to the heads of
▮▮ 505
4. LABOR STANDARDS
local employment and labor offices pursuant to Article 106 of

the Act: <Amended by Presidential Decree No. 22269, Jul. 12, 2010>
1. Demanding a report or appearance under Article 13 of
the Act;
2. Accepting a report of dismissal plans under Article 24 (4)
of the Act;
3. Granting authorization or approval for extension of
working hours under Article 53 (3) of the Act;
4. Ordering an employer to grant recess or days-off under
5. Granting approval for those engaged in surveillance or
intermittent work under Article 63 (3);
6. Issuing or cancelling an employment permit under Article
64 of the Act;
7. Terminating an employment contract disadvantageous to
minors under Article 67 (2) of the Act;
8. Granting authorization for night or holiday work of
pregnant women and those under the age of eighteen
under the proviso to Article 70 (2);
9. Matters relating to examination or arbitration of cases
concerning objections raised to recognition, etc. of an
accident and diagnosis and tests for this purpose under
10. Accepting a report of rules of employment under Article
93 of the Act;
11. Ordering revision of rules of employment under Article
96 (2) of the Act;
12. Issuing written instructions for medical tests or
examinations under Article 102 (3) of the Act;
13. Accepting a notification of a violation of laws under
14. Imposing and collecting a fine for negligence under
15. Accepting a report of special cases under Article 2 of
the Addenda of the Labor Standards Act amended by
Act no. 6974;
16. Ordering and checking measures to maintain wage levels
17. Receiving an application for employment permit under
Article 35 (2);
18. Receiving a returned employment permit under Article
38 (2).

Article 59-2 (Management of Sensitive Information and Unique

Identifying Information)
The Minister of Employment and Labor (including persons
to whom the authority of the Minister of Employment and
Labor is delegated pursuant to Article 59) or the Labor
Relations Commission may manage information on health under
Article 23 of the Personal Information Protection Act (limited to
the duties referred to in subparagraph 7) and data containing
Decree of the same Act, if it is inevitable in order to perform
the following duties: <Amended by Presidential Decree No. 23868,
Jun. 21, 2012>
1. Duties concerning claims for damages under Article 19 (2)
of the Act;
2. Duties concerning remedy for unfair dismissal, etc., under
3. Duties concerning orders to give money and valuables under
4. Duties concerning checks on compliance with orders to
remedy unfair dismissal, the imposition of enforcement
levies, etc., under Article 33 of the Act;
4-2. Duties concerning the publication of a list of employers
delaying payment under Article 43-2 of the Act and the
provision of information on delays in payment of
wages, etc., under Article 43-3 of the Act;
5. Duties concerning employment permits under Article 64
of the Act;
6. Duties concerning the acknowledgement of gross negligence
7. Duties concerning reappraisal and arbitration under Article
88 (1) and Article 89 (1) of the Act;
8. Duties concerning the notification of violations of the Act
under Article 104 of the Act; and
9. Duties concerning the accusation of persons who fail to
comply with a confirmed remedy order, etc., under
Jan. 6, 2012>
▮▮ 507
4. LABOR STANDARDS
Article 116 (1) of the Act are provided for in Table 7. <Amended
Decree No. 22804, Mar. 30, 2011>
Jun. 25, 2008>
Mar. 30, 2011>
Addenda

Article 2 (Method of Calculating Number of Workers Ordinarily
Employed for Construction Work Such As Construction
Work Subject to Special Case Concerning Application of
Working Hours)
(1) The number of workers ordinarily employed for construction
work (hereinafter referred to as “related construction work”)
under Article 5-2 of the Addenda of the Labor Standards Act
wholly amended by Act no. 8372 refers to a number calculated
according to the following formula. In this case, the “total
construction contract price” refers to the contract price (including
the market price of materials in case the person who issues the
order supplies materials) for the related construction work to be
performed to complete the final object, “the labor cost ratio for
the year concerned” refers to the labor cost ratio for construction
work in general under Article 1 (1) 1 of the Enforcement Decree
of the Act on the Collection, etc., of Premiums for Employment
Insurance and Industrial Accident Compensation Insurance and
“the monthly average wage for the construction industry” refers
to the wage calculated and announced by the Minister of Labor
on the basis of the wages for the construction industry in the
survey on wages and working hours at establishments prepared
by the Minister of Labor.
The Number of workers ordinarily employed = total construction
contract price X labor cost ratio for the year concerned
Monthly average wage for the construction industry for the
year concerned X number of operating months

(2) In calculating the total construction contract price pursuant

to the latter part of paragraph (1), if the related construction
work is split into two or more parts, each contracted out to
complete the final object, regardless of whether it is called
entrustment or whatever else, it shall be calculated by adding
up each contract price.
Addendum
<Presidential Decree No. 21695, Aug. 18, 2009>
Addenda

Article 2 (Enforcement Date of Labor Standards Act Amended by
Act No. 6974 in Case of Businesses or Workplaces
Ordinarily Employing Less Than 20 Workers)
"The date prescribed by the Presidential Decree" in
subparagraph 6 of Article 4 of the Labor Standards Act amended
by Act no. 8372 means July 1, 2011 in the case of businesses or
workplaces ordinarily employing less than 20 workers.
Addenda

Article 2 Omitted.
"Establishment of Homeland Reserve Forces Act" in the main
sentence of Article 2 (1) 7 shall be changed to "Establishment of
Homeland Reserve Forces Act".
▮▮ 509
4. LABOR STANDARDS
Article 4 Omitted.
Addenda

(1) The application of the criteria for the imposition of fines
for negligence to any offense committed before this Decree
notwithstanding the amended provisions in Table 7.
(2) The imposition of fines for negligence for any offense
counted toward the number of offenses calculated pursuant to
the amended provisions in Table 7.
Addendum
This Decree shall enter into force on 1 January, 2012.
Addenda
<Presidential Decree No. 23488, Jan. 6, 2012;
Revision of the Enforcement Decree of the Act on the Submission and
Management of Taxation Data to Provide a Basis for the Management of
Sensitive Information and Unique Identifying Information>

<proviso omitted>
Article 2 Omitted.
Addendum

Addenda
Enforcement Decree of the Act on Equal Employment and Support for
Work-Family Reconciliation>

Article 2 Omitted.
(1) Omitted.
"Maternity leave" in Article 2 (1) 3 of the Act shall be
changed to "maternity leave".
Addenda

Article 2 (Applicability concerning Scope of Occupational Diseases
and Medical Treatment)
The amended provisions of Table 5 shall also apply to cases
where an employer provides necessary medical treatment or
pays necessary medical treatment expenses to a worker for an
occupational disease that occurs before this Decree enters into
force.
▮▮ 511
4. LABOR STANDARDS
[Table 1]
Provisions Applicable to businesses or workplaces which

ordinarily employ 4 workers or less (Relating to Article 7)
Chapters Applicable Articles of the Act
Chapter Ⅰ
Articles 1 through 13
General Provisions
Chapter Ⅱ Articles 15, 17, 18, 19 (1), 20 through 22, 23 (2), 26, and 35
Labor Contract through 42
Chapter Ⅲ
Articles 43 through 45, and 47 through 49
Wages
Chapter Ⅳ
Working Hours Articles 54, 55 and 63
and Recess
Chapter Ⅴ Articles 64, 65 (1) and (3) (restricted to pregnant women and
Women and persons under the age of eighteen), 66 through 69, 70 (2)
Minors and (3), 71, 72 and 74
Chapter Ⅵ
Article 76
Safety and Health
Chapter Ⅷ
Accident Articles 78 through 92
Compensation
Chapter Ⅺ
Labor Inspectors, Articles 101 through 106
etc.
Articles 107 through 116 (restricted to cases where among

Chapter Ⅻ the provisions of Chapters Ⅰ through Ⅵ, Ⅷ and Ⅺ, those
Penal Provisions applying to businesses or workplaces which ordinarily
employ 4 workers or less are violated)

[Table 2] <Amended on Jul. 12, 2010>
Criteria, etc., for Determination of Working Conditions for

Part-time Workers (relating to Article 9 (1))
1. Signing of labor contract

A. If an employer employs a part-time worker, he/she shall prepare
a labor contract specifying wages, working hours and other
working conditions and give it to the worker.
B. The labor contract of a part-time worker shall clearly state the
contract period, working days, start and end times of working
hours, hourly wage and other matters determined by the Minister
2. Wage calculation
A. The wage of a part-time worker shall be calculated on an hourly
basis in principle, and if the hourly wage is translated into a daily
ordinary wage, it shall be calculated by multiplying the number of
contractual working hours a day under item B by the hourly
wage.
B. The number of contractual working hours a day for a part-time
worker shall be obtained by dividing the number of contractual
working hours during a four-week period by the number of
contractual working days during the same period for a full-time
worker.
3. Overtime work
A. If an employer intends to require a part-time worker to work on
any day other than the contractual working days or to work
beyond the contractual working hours, he/she shall clearly state in
the labor contract, employment rules, etc., the details and extent of
such overtime work, and if he/she has promised to pay additional
wages for overtime work, the overtime pay rate.
B. An employer may require a worker to work overtime only after
making an agreement with the worker.
4. Application of holidays and leave
A. An employer shall grant a part-time worker paid holidays under
B. An employer shall grant a part-time worker paid annual leave
under Article 60 of the Act. In such cases, the paid leave shall be
calculated on an hourly basis using the following formula, and
any fractions of one hour shall be considered one hour.
▮▮ 513
4. LABOR STANDARDS
Number of contractual working

Number of days of hours for a part-time worker 8
annual leave for a × ×
Number of contractual working hours
full-time worker
hours for a full-time worker
C. An employer shall grant a female part-time worker menstruation

leave under Article 73 of the Act and maternity leave under
Article 74 of the Act
D. In the case of items A and C, the amount of wage to be paid by
the employer shall be calculated based on the daily ordinary wage
under subparagraph 2 A.
E. In the case of item B, the amount of wage to be paid by the
employer shall be calculated based on the hourly wage.
5. Preparation and alteration of employment rules
A. An employer may prepare employment rules applicable to part-time
workers, apart from those applicable to full-time workers.
B. If an employer intends to prepare or alter employment rules
pursuant to item A, he/she shall hear the opinions of a majority
of part-time workers subject thereto: Provided that he/she shall
obtain their consent in cases where he/she makes a change
unfavorable to part-time workers.
C. If no employment rules applicable to part-time workers are prepared,
the employment rules applicable to full-time workers shall apply
to part-time workers: Provided that if the employment rules have
any provision excluding part-time workers from the application or
stipulating that they shall apply to part-time workers in a different
way, the provision shall be complied with.
D. If employment rules applicable to part-time workers are prepared
or altered, pursuant to items A and C, no content which goes
against the intent of Article 18 (1) of the Act shall be included
therein.

[Table 3]
Criteria for imposition of enforcement levies

Amount of
Offence Relevant provision
enforcement levy
A person who fails to comply with

Article 33 (1) of the
a remedy order with regard to 5~20 million won
Act
dismissal without just cause

a remedy order with regard to Article 33 (1) of the 2.5~10 million
temporary layoff or suspension Act won
without just cause

a remedy order with regard to Article 33 (1) of the
2~5 million won
transfer or pay cut without just Act
cause

a remedy order with regard to any Article 33 (1) of the 1~5 million won
other punitive measure without just Act
cause
※ Remarks: The specific amount of enforcement levy shall be determined within

the range of amounts imposed according to type of offence, taking into
account the motive of the offence, the degree of attributability of the employer,
such as the degree of intention and negligence, the degree of efforts to
comply with the remedy order, the period during which the remedy order has
not been complied with, etc.
▮▮ 515
4. LABOR STANDARDS
Types of Work Prohibited for Pregnant Women, etc.

Classification Type of prohibited work
1. Wood processing using a 25cm- or larger-diameter circular saw

under Articles 59 and 60 of the Regulations on Occupational
Safety Standards and a band saw with a 75cm- or larger-diameter
pulley under Articles 61 and 62 of the same Regulations
2. Work for stoppage of electric currents, live-line work and
work near live lines under Chapters 3 and 4 of Title 5 of
the Regulations on Occupational Safety Standards
3. Erection or dismantling of log scaffolds under Section 3 of
Chapter 2 of Title 6 of the Regulations on Occupational
Safety Standards and dismantling of buildings under Chapter
5 of Title 6 of the same Regulations (excluding assistance
work on the ground)
4. Tunnel work under Section 3 of Chapter 3 of Title 6 of the
Regulations on Occupational Safety Standards, work in places
where there is a risk of a fall from elevation under Article
439 of the same Regulations and work in places where there
is a risk of collapse or a fall from high altitude under Article
452 of the same Regulations
5. Work involving vibration under subparagraph 4 of Article 58
under the Regulations on Occupational Health Standards
Pregnant
women 6. Work in high-pressure environments and work under water
under subparagraphs 2 and 3 of Article 69 of the Regulations
on Occupational Health Standards
7. Work in high-temperature or cold environments under Article
108 of the Regulations on Occupational Health Standards
8. Nuclear energy- and radiation-related work under Article 97
of the Atomic Energy Act, in which the exposure dose of
radiation workers, etc., exceeds the dose limit
9. Work involving the handling of hazardous substances, such
as lead, mercury, chromium, arsenic, yellow phosphorus,
fluoride (hydrofluoric acid), chloride (chloric acid), hydrogen
cyanide (cyanic acid), 2-bromopropane, aniline, potassium
hydroxide, phenol, ethylene glycol monomethyl ether, ethylene
glycol monoethyl ether, ethylene glycol monoethyl ether
acetate, vinyl chloride and benzene
10. Work highly likely to cause contamination with pathogens,
such as cytomegalovirus, hepatitis B virus and etc.: Provided
that doctors, nurses, radiographers, etc., who hold a valid
license or are in training shall be excluded
11. Work requiring the excessive bending or stretching of the
body or a sustained squatting or forward-leaning position

12. Work involving the handling of 5 kg or heavier objects in

the case of continuous work and 10 kg or heavier objects in
the case of intermittent work
13. Other types of work designated and announced by the
Minister of Employment and Labor after deliberation by the
Deliberation Committee on Industrial Accident Compensation
Insurance and Prevention under Article 8 of the Industrial
Accident Compensation Insurance Act (hereinafter referred
to as "Deliberation Committee on Industrial Accident
Compensation Insurance and Prevention"; hereinafter the
same shall apply in this Table)
1. Work involving the handling of lead and arsenic: Provided
that this shall not apply if a woman who is not breastfeeding
has submitted to her employer a written statement indicating
Women her willingness to be employed for such work.
within one
2. Work involving the handling of, or exposure to, 2-bromopropane
year after
childbirth 3. Other types of work designated and announced by the Minister
of Employment and Labor after deliberation by the Deliberation
Committee on Industrial Accident Compensation Insurance
and Prevention
1. Work involving the handling of, or exposure to, 2-bromopropane:

Provided that this shall not apply to women who have no
Non-pregnant medical possibility of getting pregnant
women 2. Other types of work designated and announced by the Minister
aged 18 and of Employment and Labor after deliberation by the Deliberation
over Committee on Industrial Accident Compensation Insurance
and Prevention
1. Work in high-pressure environments and work under water

under subparagraphs 2 and 3 of Article 69 of the Regulations
on Occupational Health Standards
2. Driving and operation in the occupations or industries in
which people under the age of 18 are restricted from getting
a driver's or operator's license in accordance with the
Construction Machinery Management Act, the Road Traffic
Act, etc.
3. Work in the occupations or industries in which young people
under the age of 18 are prohibited from being employed or
People under entering in accordance with other Acts, such as the Youth
the age of 18 Protection Act
4. Work at prisons or mental hospitals
5. Incineration or animal slaughtering
6. Work involving the handling of oil (excluding refueling work)
7. Work involving the handling of, or exposure to, 2-bromopropane
8. Other types of work designated and announced by the Minister
of Employment and Labor after deliberation by the Deliberation
Committee on Industrial Accident Compensation Insurance
and Prevention
▮▮ 517
4. LABOR STANDARDS
[Table 5] <Amended on Jun. 28, 2013>
Scope of Occupational Diseases and Medical Treatment

1. Scope of occupational diseases

A. Diseases caused by occupational injuries
B. Diseases caused by physical agents
1) Diseases due to hazardous radiation, such as X-rays, gamma
rays, ultraviolet rays and infrared rays
2) Diseases, such as heat exhaustion, heat stroke and burns, which
are due to work in hot environments or work involving the
handling of high-temperature objects
3) Diseases, such as frostbite and hypothermia, which are due to
work in cold environments or work involving the handling of
low-temperature objects
4) Diseases, such as decompression sickness, which are due to work
under abnormal atmospheric pressure
5) Ear diseases due to intense noise
6) Diseases due to work involving the use of vibration-generating
tools, such as rock drills
7) Nystagmus due to underground work
C. Diseases caused by chemical agents
1) Diseases, such as pneumoconiosis, which are due to work in
dust-generating environments
2) Cellulitis and other skin diseases due to irritants, allergens, etc.,
contained in soot, mineral oil, sumac, tar, cement, etc.
3) Metal fume fever due to metal fumes, such as zinc fumes
4) Diseases, such as burns and conjunctivitis, which are caused by
exposure to corrosive or irritating substances, such as acid,
alkali, chloride, fluoride and phenols
5) Poisoning or diseases caused by any of the following substances
and its compounds
a) Lead
b) Mercury
c) Manganese
d) Arsenic
e) Phosphorus
f) Cadmium
g) Hydrogen cyanide
6) Poisoning or diseases caused by any of the following substances
a) Chromium, nickel, aluminum and cobalt
b) Organic tin

c) Nitrogen dioxide and sulfur dioxide gas

d) Hydrogen sulfide
e) Carbon disulfide
f) Carbon monoxide
g) Benzene or its homologues and nitro- and amino-derivatives
h) Organic solvents, such as toluene and xylene
i) Aliphatic or aromatic hydrocarbon compounds other than those
referred to in (g) and (h)
j) Toxic, polar and other hazardous chemical substances other
than the chemical agents referred to in (2) through (5) and (6)
(a) through (i)
D. Diseases caused by biological agents
1) Infectious diseases due to work likely to cause infection with
pathogens, such as the examination, treatment and nursing of
patients
2) Leptospirosis due to work in humid environments
3) Tsutsugamusi and hemorrhagic fever with renal syndrome due to
outdoor work
4) Diseases, such as anthrax and erysipelas, which are due to work
involving the handling of animals or their carcasses, animal hair,
hides and other animal products, rags, scraps, etc.
E. Occupational cancer
Cancer caused by carcinogenic agents, such as soot, coal tar, coal
tar pitch, unrefined mineral oil, hexavalent chromium or its compounds,
vinyl chloride, benzene, asbestos, hepatitis B or C virus, ionizing radiation
such as X-rays or gamma rays, arsenic or its inorganic compounds,
nickel compounds, cadmium or its compounds, beryllium or its compounds,
wood dust, benzidine, beta-naphthylamine, crystalline silica, formaldehyde,
1,3-butadiene, radon-222 or its decay products, ethylene oxide and spray
painting
F. Internal hernia due to work which requires exerting excessive force
and musculoskeletal diseases due to work which puts strain on the
musculoskeletal system as it involves sustained awkward postures, many
repetitive movements, etc., such as work with video display terminals
(VDT)
G. Cerebrovascular diseases or heart diseases due to occupational
overwork, etc.
H. Post-traumatic stress disorder caused by work-related traumatic
events
I. Diseases designated by the Minister of Employment and Labor after
deliberation by the Deliberation Committee on Industrial Accident
Compensation Insurance and Prevention under Article 8 of the
Industrial Accident Compensation Insurance Act, other than those
provided for in items A through H
▮▮ 519
4. LABOR STANDARDS
J. Diseases obviously caused by work, other than those provided for

in items A through I
2. Scope of medical treatment
A. Medical examination
B. Provision of medicine or treatment materials
C. Provision of artificial limbs or other assistive devices
D. Treatments, surgical operations and other remedies
E. Hospitalization
F. Nursing
G. Transfer

[Table 6]
Grades of Physical Disability (relating to Article 47 (1))
Grade Physical disability
Grade 1 1. A person who has lost sight in both eyes

1,340 days 2. A person who has permanently and completely lost speaking
of average and chewing functions
wages 3. A person who always needs nursing care from others due to
an obvious impairment in the functions of the nervous system
or mental functions
4. A person who always needs nursing care from others due to
an obvious impairment in the functions of the
thoracoabdominal organs
5. A person who has lost both arms above the elbow joints
6. A person who is permanently and completely unable to use
both arms
7. A person who has lost both legs above the knee joints
both legs
Grade 2 1. A person who has lost sight in one eye and has vision of
1,190 days 0.02 or less in the other eye
of average 2. A person who has vision of 0.02 or less in both eyes
wages 3. A person who has lost both arms above the wrist joints
4. A person who has lost both legs above the ankle joints
5. A person who frequently needs nursing care from others due
to an obvious impairment in the functions of the nervous
system or mental functions
6. A person who frequently needs nursing care from others due
to an obvious impairment in the functions of the
Grade 3 1. A person who has lost sight in one eye and has vision of
1,050 days 0.06 or less in the other eye
of average 2. A person who has permanently and completely lost speaking
wages or chewing function
3. A person who is unable to work during his/her lifetime due
to an obvious impairment in the functions of the nervous
system or mental functions
4. A person who is unable to work during his/her lifetime due
to an obvious impairment in the functions of the
5. A person who has lost every finger on both hands
Grade 4 1. A person who has vision of 0.06 or less in both eyes
920 days of 2. A person who has an obvious impairment in speaking and
average chewing functions
wages 3. A person who has completely lost hearing in both ears
because of total eardrum defects or any other reason
▮▮ 521
4. LABOR STANDARDS
4. A person who has lost one arm above the elbow joint
5. A person who has lost one leg above the knee joint
6. A person who is unable to use every finger on both hands
properly
7. A person who has lost both feet above the Lisfranc joints
Grade 5 1. A person who has lost sight in one eye and has vision of 0.1
790 days of or less in the other eye
average 2. A person who has lost one arm above the wrist joint
wages 3. A person who has lost one leg above the ankle joint
one arm
one leg
6. A person who has lost every toe on both feet
7. A person who is unable to engage in any work, other than
extraordinarily easy work, due to an obvious impairment in
the functions of the thoracoabdominal organs
extraordinarily easy work, due to an obvious impairment in
the functions of the nervous system or mental functions

670 days of 2. A person who has an obvious impairment in speaking or
average chewing function
wages 3. A person who is unable to hear a loud speaking voice in
both ears unless it is spoken directly into the ears because of
large eardrum defects or any other reason.
4. A person who has completely lost hearing in one ear and is
unable to hear a normal speaking voice in the other ear at a
distance of 40 cm or more
5. A person who has an obvious deformity or functional
impairment in the spine
6. A person who is unable to properly use two of the three
major joints of one arm
7. A person who is unable to properly use two of the three
major joints of one leg
8. A person who has lost every finger on one hand or four
fingers on one hand, including the thumb and index finger
Grade 7 1. A person who has lost sight in one eye and has vision of 0.6
560 days of or less in the other eye
average 2. A person who is unable to hear a normal speaking voice in
wages both ears at a distance of 40 cm or more
3. A person who has completely lost hearing in one ear and is
unable to hear a normal speaking voice in the other ear at a
distance of 1 m or more
easy work, due to an impairment in the functions of the
nervous system or mental functions
easy work, due to an impairment in the functions of the

6. A person who has lost the thumb and index finger of one
hand or a person who has lost three fingers or more on one
hand, including the thumb or index finger
7. A person who is unable to properly use every finger on one
hand or four fingers on one hand, including the thumb and
index finger
8. A person who has lost one foot above the Lisfranc joint
9. A person who has an obvious motor impairment due to
pseudoathrosis of one arm
10. A person who has an obvious motor impairment due to
pseudoathrosis of one leg
11. A person who is unable to properly use every toe on both
feet
12. A person who has an obvious scar affecting his/her outward
appearance
13. A person who has lost both testicles
Grade 8 1. A person who has lost sight in one eye or has vision of 0.02
450 days of or less in one eye
average 2. A person who has a mild deformity or functional impairment
wages in the spine
3. A person who has lost two fingers on one hand, including
the thumb
4. A person who is unable to use the thumb and index finger of
one hand properly or a person who is unable to use three
fingers or more on one hand properly, including the thumb
or index finger
5. A person whose one leg has been shortened by 5 cm or more
6. A person who is unable to properly use one of the three
major joints of one arm
7. A person who is unable to properly use one of the three
major joints of one leg
8. A person who has pseudoathrosis in one arm
9. A person who has pseudoathrosis in one leg
10. A person who has lost every toe on one foot
11. A person who has lost the spleen or one kidney
350 days of 2. A person who has vision of 0.06 or less in one eye
average 3. A person who has hemianopsia, visual field contraction or
wages visual field defects in both eyes
4. A person who has obvious defects in both eyelids
5. A person who has an obvious impairment in nasal functions
due to nose defects
6. A person who has an impairment in speaking and chewing
functions
7. A person who is unable to hear a loud speaking voice in
both ears at a distance of 1 m or more
8. A person who is unable to hear a loud speaking voice in one
ear unless it is spoken directly into the ear and is unable to
hear a normal speaking voice in the other ear at a distance of
1 m or more
9. A person who has permanently and completely lost hearing in
▮▮ 523
4. LABOR STANDARDS
one ear
10. A person who has lost the thumb of one hand, a person
who has lost two fingers on one hand, including the index
finger or a person who has lost three fingers on one hand,
excluding the thumb and index finger
11. A person who is unable to properly use two fingers on one
hand, including the thumb
12. A person who has lost two toes or more on one foot,
including the great toe
13. A person who is unable to properly use every toe on one
foot
14. A person who has an obvious impairment in the
reproductive organs
15. A person who is substantially limited in working due to an
impairment in the functions of the nervous system or mental
functions
16. A person who is substantially limited in working due to an
impairments in the functions of the thoracoabdominal organs
Grade 10 1. A person who has vision of 0.1 or less in one eye
270 days of 2. A person who has an impairment in speaking or chewing
average function
wages 3. A person who has a dental prosthesis installed for 14 teeth or
more
4. A person who is unable to hear a loud speaking voice in one
ear unless it is spoken directly into the ear
5. A person who is unable to hear a normal speaking voice in
6. A person who had a functional impairment in the spine but
has been cured by conservative treatment
7. A person who has lost the index finger of one hand or a
person who has lost two fingers on one hand, excluding the
thumb and index finger
8. A person who is unable to use the thumb of one hand
properly, a person who is unable to use two fingers on one
hand properly, including the index finger, or a person who is
unable to use three fingers on one hand properly, excluding
the thumb and index finger
9. A person whose one leg has been shortened by 3 cm or more
10. A person who has lost either the great toe or the other four
toes on one foot
11. A person who has an obvious functional impairment in one
of the three major joints of one arm
12. A person who has an obvious functional impairment in one
of the three major joints of one leg
Grade 11 1. A person who has an obvious accommodative or motor
200 days of impairment in both eyeballs
average 2. A person who has an obvious motor impairment in both
wages eyelids
3. A person who has an obvious defect in one eyelid
4. A person who is unable to hear a normal speaking voice in
one ear at a distance of 40 cm or more

5. A person who has a deformity in the spine

6. A person who has lost the middle or ring finger of one hand
7. A person who is unable to use the index finger of one hand
properly or a person who is unable to use two fingers on one
hand properly, excluding the thumb and index finger
8. A person who is unable to use two toes or more on one foot
properly, including the great toe
9. A person who has an impairment in the functions of the
10. A person who has a dental prosthesis installed for 10 teeth
or more
11. A person who is unable to hear a small speaking voice in
Grade 12 1. A person who has an obvious accommodative or motor
140 days of impairment in one eyeball
average 2. A person who has an obvious motor impairment in one
wages eyelid
3. A person who has a dental prosthesis installed for 7 teeth or
more
4. A person who has a large auricular defect in one ear
5. A person who has an obvious deformity in the clavicle,
sternum, costae, scapular or pelvis
6. A person who has a functional impairment in one of the
three major joints of one arm
7. A person who has a functional impairment in one of the
three major joints of one leg
8. A person who has a deformity in the long bone
9. A person who is unable to use the middle or ring finger of
one hand properly
10. A person who has lost the second toe of one foot, a person
who has lost two toes on one foot, including the second toe,
or a person who has lost the middle, fourth and little toes
of one foot
11. A person who is unable to use either the great toe or the
other four toes of one foot properly
12. A person who has a stubborn neurological symptom in parts
of the body
13. A person who has a scar affecting his/her outward
appearance
Grade 13 1. A person who has vision of 0.6 or less in one eye

90 days of 2. A person who has hemianopsia, visual field contraction or
average visual field defects in one eye
wages 3. A person who has partial defects in both eyelids or defects in
both eyelashes
4. A person who has a dental prosthesis installed for 5 teeth or
more
5. A person who has lost the little finger of one hand
6. A person who has lost some bones in the thumb of one hand
7. A person who has lost some bones in the index finger of one
hand
▮▮ 525
4. LABOR STANDARDS
8. A person who is unable to bend and stretch the distal

interphalangeal joint of the index finger of one hand
9. A person whose leg has been shortened by 1 cm or more
10. A person who has lost one or two toes, among the middle,
fourth and little toes, on one foot
11. A person who is unable to use the second toe of one foot
properly, a person who is unable to use two toes on one
foot properly, including the second toe or a person who is
unable to use the middle, fourth and little toes of one foot
properly
Grade 14 1. A person who has a partial defect in one eyelid or a defect

50 days of in one eyelash
average 2. A person who has a dental prosthesis installed for 3 teeth or
wages more
3. A person who has a hand-size scar on the outward side of
his/her arm
4. A person who has a hand-size scar on the outward side of
his/her leg
5. A person who is unable to use the little finger of one hand
properly
6. A person who has lost some bones in any finger, other than
the thumb and index finger, on one hand
7. A person who is unable to bend and stretch the distal
interphalangeal joint of any finger, other than the thumb and
index finger, on one hand
8. A person who is unable to use one or two toes, among the
middle, fourth and little toes, on one foot properly
9. A person who has a neurological symptom in parts of the
body
10. A person who is unable to hear a small speaking voice in
one ear at a distance of 1 m or more

[Table 7] <Amended on Sept. 24, 2014>

1. General criteria
A. The criteria for the imposition of fines for negligence according to
the number of offences shall apply to cases where a fine for
negligence has been imposed for the same offence in the past one
year. In such cases, the number of offences shall be calculated based
on the date on which a fine for negligence was imposed for an
offence and the date on which the same offence was found again.
B. If an offender falls under any of the following conditions, the
Minister of Employment and Labor may reduce the amount of
fine for negligence under subparagraph 2 by up to half: Provided
that this shall not apply to offenders who are failing to pay a
fine for negligence.
1) Where the offender falls under any of the subparagraphs of
Article 2-2 (1) of the Enforcement Decree of the Act on the
Regulation of Violations of Public Order;
2) Where the offence is deemed to have occurred due to negligence,
such as minor carelessness or error;
3) Where the offender has resolved his/her offence by correcting or
redressing it right away;
loss of property due to a natural disaster, fire, etc., or facing a
serious crisis due to deterioration of business conditions; and
5) Other cases where it is deemed necessary to reduce the amount
of fine for negligence in consideration of the degree of the
offence, the motive and consequences of the offence, etc.
▮▮ 527
4. LABOR STANDARDS
Amount of fine for
negligence (10,000 won)
Relevant 3rd and
Offence 1st 2nd
provision subseq-
offe- offe-
uent
nce nce
offences
A. Where a person fails to report or Article 116
present him/herself when requested to (1) 1 of the
do so under Article 13 of the Act, or Act
makes a false report
1) Where a person fails to report or 50 100 200
present him/herself
2) Where a person makes a false report 300 300 300
B. Where a person violates the obligation to Article 116 30 50 100

post or keep under Article 14 of the Act (1) 2 of the
Act
C. Where a person violates the obligation Article 116

to issue a certificate of employment (1) 2 of the
under Article 39 of the Act Act
1) Where a person fails to give a 30 50 100
certificate of employment immediately
2) Where a person gives an untruthful 50 100 200
certificate of employment
3) Where a person enters any item not 80 150 300
requested by a worker on his/her
certificate of employment
D. Where a person violates the obligation Article 116

to prepare a register of workers under (1) 2 of the
Article 41 of the Act Act
1) Where a person fails to prepare a 30 50 100
register of workers
2) Where a person fails to record some of 20 30 50
the items that must be entered in a
register of workers or fails to make a
prompt revision to reflect changes
E. Where a person violates the obligation to Article 116 80 150 300

preserve documents regarding labor (1) 2 of the
contracts under Article 42 of the Act Act
F. Where a person violates the obligation to Article 116

prepare a wage ledger under Article 48 (1) 2 of the
of the Act Act

1) Where a person fails to prepare a wage 30 50 100

ledger
2) Where a person fails to record some of 20 30 50
the matters that must be entered in a
wage ledger
G. Where a person violates the obligation Article 116 80 150 300

to keep documents proving minors (1) 2 of the
H. Where a person fails to allow a female Article 116 500 500 500
worker to reduce her working hours (1) 2 of the
under Article 74 (7) of the Act Act
I. Where a person violates the obligation to Article 116 50 100 200

keep important documents concerning (1) 2 of the
accident compensation under Article 91 of Act
the Act
J. Where a person violates the obligation to Article 116

prepare and report employment rules (1) 2 of the
1) Where a person fails to prepare 70 130 250
employment rules
2) Where a person prepares employment 40 80 150
rules but fails to report them
3) Where a person fails to report any 40 80 150
change to employment rules
K. Where a person interferes with the Article 116 80 150 300

election of staff in violation of Article 98 (1) 2 of the
(2) of the Act Act
L. Where a person violates the obligation to Article 116

prepare dormitory rules under Article 99 (1) 2 of the
of the Act Act
1) Where a person fails to prepare 40 80 150
dormitory rules
2) Where a person fails to obtain the consent 20 30 50
of the person representing a majority of
boarding workers with regard to the
preparation of, or amendment to,
dormitory rules
3) Where a person fails to obey dormitory 30 50 100
rules
▮▮ 529
4. LABOR STANDARDS
M. Where a person refuses, obstructs or Article 116

evades an inspection or a medical (1) 3 of the
examination by a labor inspector or a Act
doctor designated thereby under Article
102 of the Act, fails to make a
statement or makes a false statement in
response to interrogation or fails to
submit books and documents or submits
false books and documents
1) Where a person refuses, obstructs or 500 500 500
evades an inspection or a medical
examination by a labor inspector or a
doctor designated thereby
2) Where a person fails to make a

statement or makes a false statement in
response to interrogation by a labor
inspector
a) Where a person fails to make a 50 100 200
statement
b) Where a person makes a false 300 300 300
statement
3) Where a person fails to submit books

and documents at the request of a
labor inspector or submits false books
and documents
a) Where a person fails to submit books 50 100 200
and documents
b) Where a person submits false books 300 300 300
and documents

MINIMUM WAGE ACT
MINIMUM WAGE ACT

Act No. 3927, Dec. 31, 1986
Amended by Act No. 4575, Aug. 5, 1993

Act No. 5474, Dec. 24, 1997
Act No. 5888, Feb. 8, 1999
Act No. 6278, Oct. 23, 2000
Act No. 7563, May 31, 2005
Act No. 7827, Dec. 30, 2005
Act No. 8372, Apr. 11, 2007
Act No. 8818, Dec. 27, 2007
Act No. 8964, Mar. 21, 2008
Act No. 10339, Jun. 4, 2010
Act No. 11278, Feb. 1, 2012
CHAPTER Ⅰ
General Provisions
Article 1 (Purpose)
The purpose of this Act is to stabilize workers' life and
improve the quality of the labor force by guaranteeing them a
minimum level of wages, thereby contributing to the sound
development of the national economy.
The terms “worker”, “employer” and “wage” in this Act mean
a worker, an employer and wages as prescribed in Article 2 of
the Labor Standards Act.
(hereafter referred to as “business”) employing workers : Provided
that this Act shall not apply to businesses which employ only
relatives living together with the employer, and to persons
employed for household work.
(2) This Act shall not apply to seamen who are subject to
the Seaman Act or to ship owners employing such seamen.
▮▮ 531
4. LABOR STANDARDS
CHAPTER Ⅱ
Minimum Wage
Article 4 (Criteria for Determination and Classification of Minimum

Wage)
(1) The minimum wage shall be set after taking into account
the cost of living of workers, the wages of kindred workers,
labor productivity and the ratio of workers' compensation to
national income, etc. In this case, the amount may be set differently
by type of business.
(2) The classification by type of business under paragraph
(1) shall be determined by the Minister of Employment and
Labor after deliberation at the Minimum Wage Council under
Article 12. <Amended by Act No. 10339, Jun. 4, 2010>
Article 5 (Minimum Wage Rate)
(1) The minimum wage rate (referring to the amount determined
as the minimum wage; hereinafter the same shall apply) shall
be determined on an hourly, weekly, daily or monthly basis. In
this case, where the minimum wage rate is determined on a daily,
weekly, or monthly basis, the amount shall also be expressed as
an hourly rate.
(2) For workers who fall under any of the following
subparagraphs, the minimum wage rate may be set differently
from the minimum wage rate prescribed in paragraph (1) under
the conditions as prescribed by the Presidential Decree : <Amended
by Act No. 11278, Feb. 1, 2012>
1. A person who is in a apprentice period and for whom
less than three months have passed since the beginning
of his/her apprentice period : Provided that workers who
have made a labor contract with a fixed term of less than
one year shall be excluded from this.
2. A person who is engaged in surveillance or intermittent
work and for whom the employer has obtained approval
from the Minister of Employment and Labor under
subparagraph 3 of Article 63 of the Labor Standards Act.
(3) If wages are usually fixed under a contract or in other
similar ways, and it is deemed inappropriate to determine the
minimum wage rate in the manner prescribed in paragraph (1),

MINIMUM WAGE ACT
the minimum wage rate may be determined separately, as

Article 5-2 (Calculation of Wages for Application of Minimum Wage)
If the unit period of the wages of a worker subject to the
minimum wage is different from that of the minimum wage as
prescribed in Article 5 (1) of this Act, the method of calculating
the worker's wages based on the unit period of the minimum
wage shall be prescribed by the Presidential Decree.
Article 6 (Effect of Minimum Wage)
(1) An employer shall pay the workers who are covered by
the minimum wage wages not less than the minimum wage rate.
(2) No employer shall lower the previous wage level on the
ground of the minimum wage set under this Act.
(3) If a labor contract between an employer and a worker
who is covered by the minimum wage, provides for a wage that
is less than the minimum wage rate, such provision shall be
null and void and the invalidated provision shall be regarded
as stipulating that the same wage as the minimum wage rate
set under this Act shall be paid.
(4) Wages that fall under any of the following subparagraphs
shall be excluded from the wages referred to in paragraphs (1)
and (3):
1. Wages, other than those paid regularly once or more every
month, and which are determined by the Minister of
Employment and Labor; <Amended by Act No. 10339, Jun.
4, 2010>
2. Wages, other than those paid for contractual working
hours (hereinafter referred to as "contractual working
hours") or contractual working days under Article 2 (1) 7
of the Labor Standards Act, and which are determined by
the Minister of Employment and Labor; <Amended by Act
No. 10339, Jun. 4, 2010>
3. Other wages as deemed inappropriate to be included in
calculating the minimum wage and determined separately
Act No. 10339, Jun. 4, 2010>
(5) Notwithstanding the provision of paragraph (4), the
scope of wages included in calculating the minimum wage for
workers engaged in operating a motor vehicle in a general taxi
▮▮ 533
4. LABOR STANDARDS
business under Article 3 of the Passenger Transport Service Act

and subparagraph 2 of Article 3 of the Enforcement Decree of
the same Act shall be that of wages prescribed by the Presidential
Decree, excluding wages calculated based on the output.
(6) The provisions of paragraphs (1) and (3) shall not oblige
an employer to pay wages for the hours or days during which
a worker has not worked for reasons falling under any of the
1. Where a worker has not worked the contractual working
hours or days for personal reasons;
2. Where an employer has not let a worker work the
contractual working hours or days for a justifiable reason.
(7) In the event that a project is carried out under a contract,
if the contractee pays his/her workers wages lower than the
minimum wage rate for any reason for which the contractor is
liable, the contractor shall be liable jointly with the contractee.
(8) The scope of reasons a contractor is liable for pursuant
to paragraph (7) shall be as follows :
1. A contractor's act of setting the unit labor cost lower
than the minimum wage rate at the time of signing the
contract;
2. A contractor's act of lowering the unit labor cost below
the minimum wage rate during the term of the contract.
(9) If a project is carried out through two or more tiers of
contracts, "contractee" in paragraphs (7) shall be read as
"subcontractor" and "contractor" in paragraphs (7) and (8) as
"immediate upper-tier contractor", respectively.
Article 7 (Exclusion from Application of Minimum Wage)
The provision of Article 6 shall not apply to those who fall
under the scope of any of the following subparagraphs and for
whom the employer obtains permission from the Minister of
Employment and Labor under the conditions as prescribed by
the Presidential Decree: <Amended by Act No. 10339, Jun. 4, 2010>
1. A person who has remarkably low abilities to work due
to a mental or physical handicap;
2. Other people to whom it is deemed inappropriate to
apply the minimum wage.

MINIMUM WAGE ACT
CHAPTER Ⅲ
Determination of Minimum Wage
Article 8 (Determination of Minimum Wage)

(1) The Minister of Employment and Labor shall determine
the minimum wage by August 5 of every year. In this case, the
Minister of Employment and Labor shall request for deliberation
by the Minimum Wage Council (hereinafter referred to as "the
Council") under Article 12 under the conditions as prescribed by
the Presidential Decree, and determine the minimum wage in
accordance with the minimum wage proposal, deliberated and
decided by the Council. <Amended by Act No. 10339, Jun. 4, 2010>
(2) The Council shall, upon receiving a request for deliberation
on the minimum wage from the Minister of Employment and
Labor pursuant to the latter part of paragraph (1), make such
deliberation and decide and submit a minimum wage proposal
to the Minister of Employment and Labor within 90 days after
the date on which the request for deliberation was received.
(3) If the Minister of Employment and Labor deems it difficult
to determine the minimum wage according to the minimum
wage proposal submitted by the Council after deliberation under
paragraph (2), the Minister of Employment and Labor may request,
within 20 days, the Council to deliberate on the proposal again
for a period of not less than 10 days, indicating reasons for
such request. <Amended by Act No. 10339, Jun. 4, 2010>
(4) The Council shall, upon receiving a request for redeliberation
under paragraph (3), redeliberate on the proposal and submit
the results to the Minister of Employment and Labor within the
prescribed period. <Amended by Act No. 10339, Jun. 4, 2010>
(5) If the Council, after a redeliberation under paragraph (4),
passes again the initial minimum wage proposal referred to in
paragraph (2) with the attendance of a majority of all members
and with the approval of two-thirds of the members present, the
Minister of Employment and Labor shall decide the minimum
wage according to the proposal. <Amended by Act No. 10339,
Jun. 4, 2010>
Article 9 (Objection to Minimum Wage Proposal)
(1) The Minister of Employment and Labor shall, upon
▮▮ 535
4. LABOR STANDARDS
receiving a minimum wage proposal from the Council pursuant

to Article 8 (2), announce the minimum wage proposal, as
(2) If a representative of workers or employers has an
objection to the minimum wage proposal announced under
paragraph (1), he/she may raise an objection with the Minister
of Employment and Labor within 10 days of the announcement,
as prescribed by the Presidential Decree. In this case, the scope
of workers' or employers' representative shall be prescribed by
(3) If the Minister of Employment and Labor deems an
objection filed under paragraph (2) to be reasonable, he/she
shall request the Council to redeliberate on the minimum wage
proposal under Article 8 (3), with the contents of the objection
specified. <Amended by Act No. 10339, Jun. 4, 2010>
(4) With respect to the minimum wage proposal a
redeliberation on which is requested under paragraph (3), the
Minister of Employment and Labor shall not determine the
minimum wage until the Council submits the minimum wage
proposal decided after redeliberation pursuant to Article 8 (4).
Article 10 (Public Announcement and Entering into Force of Minimum
Wage)
(1) If the Minister of Employment and Labor has determined
the minimum wage, he/she shall announce publicly its contents
without delay. <Amended by Act No. 10339, Jun. 4, 2010>
(2) The minimum wage announced publicly under paragraph
(1) shall come into force on January 1 of the following year:
Provided that the Minister of Employment and Labor may, if
deemed necessary, in consideration of wage bargaining periods,
etc., set different effective dates by type of business.
Article 11 (Obligation of Notice)
Any employer to whom the minimum wage applies shall
inform the workers of relevant the minimum wage by displaying
it where it can be easily seen by the workers, or by other
appropriate means, as prescribed by the Presidential Decree.

MINIMUM WAGE ACT
CHAPTER Ⅳ
Minimum Wage Council
Article 12 (Establishment of Minimum Wage Council)

The Minimum Wage Council (hereinafter referred to as “Council”)
shall be established in the Ministry of Employment and Labor
to deliberate on the minimum wage and other important matters
related thereto. <Amended by Act No. 10339, Jun. 4, 2010>
Article 13 (Functions of Council)
The Council shall perform the following functions:
1. Deliberation or redeliberation on the minimum wage;
2. Deliberation on classification by type of business to which
the minimum wage is applicable;
3. Research and making suggestions for the development of
the minimum wage system; and
4. Deliberation on other important matters related to the
minimum wage, placed on the agenda by the Minister of
Employment and Labor. <Amended by Act No. 10339, Jun.
4, 2010>
Article 14 (Composition, etc., of Council)
(1) The Council shall be composed of members prescribed in
the following subparagraphs :
1. Nine members representing workers (hereinafter referred
to as “workers’ members”);
2. Nine members representing employers (hereinafter referred
to as “employers’ members”);
3. Nine members representing the public interest (hereinafter
referred to as “public interest members”)
(2) The Council shall have two standing members who become
public interest members.
(3) The term of office of a member shall be three years, and
renewable.
(4) Where a vacancy occurs, the term of office of the member
filling the vacancy shall be the remaining term of his/her predecessor.
(5) After expiry of the term of office, a member shall continue
to perform the duties until the successor is appointed or
commissioned.
▮▮ 537
4. LABOR STANDARDS
(6) Necessary matters concerning the qualifications, appointment,

commission, etc, of members shall be prescribed by the Presidential
Decree.
Article 15 (Chairperson and Vice-Chairperson)
(1) The Council shall have a Chairperson and a Vice-Chairperson.
(2) The Chairperson and the Vice-Chairperson shall be elected
by the Council from among the public interest members.
(3) The Chairperson shall manage the overall affairs of the
Council and represent the Council.
(4) When the Chairperson is unable to perform his/her duties
due to an inevitable reason, the Vice-Chairperson shall act on
behalf of the Chairperson.
Article 16 (Special Members)
(1) The Council may appoint three or less special members
from among public officials of a relevant administrative agency.
(2) Special members may attend and speak at a meeting of
the Council.
(3) Necessary matters concerning the qualifications, commission,
etc. of special members shall be prescribed by the Presidential Decree.
(1) In the following cases, the Chairperson shall convene a
meeting of the Council :
1. Where the Minister of Employment and Labor request the
convocation of a meeting; <Amended by Act No. 10339,
Jun. 4, 2010>
2. Where one-third or more of all members requests the
convocation of a meeting;
3. Where the Chairperson deems it necessary to convene a
meeting
(2) The Chairperson shall preside over meetings of the Council.
(3) Except as otherwise provided for in this Act, the Council
shall make a decision in its meetings with the attendance of a
majority of all members and with the approval of a majority of
the members present.
(4) For valid decision-making of the Council under paragraph
(3), the Council shall have the attendance of at least one third
of workers’ members and employers’ members, respectively :
Provided that this shall not apply if workers’ members or

MINIMUM WAGE ACT
employers’ members fail to attend without justifiable reasons

after requested twice or more times to attend the meeting.
Article 18 (Hearing of Opinion)
The Council may hear the opinions of the workers, employers
and other persons concerned, if deemed necessary to perform
its duties.
Article 19 (Technical Committee)
(1) The Council may, if deemed necessary, establish a
technical committee by type of business or specific matter.
(2) The technical committee shall perform part of the
functions of the Council prescribed in subparagraphs of Article
13, as delegated to it by the Council.
(3) The technical committee shall be composed of an equal
number of workers' members, employers' members and public
interest members, each number not exceeding five.
(4) The provisions of Articles 14 (3) through (6), 15, 17, and
18 concerning the operation, etc. of the Council shall apply
mutatis mutandis to the technical committee. In this case, “Council”
shall mean as “technical committee”.
Article 20 (Secretariat)
(1) The Council shall has a secretariat to deal with its affairs.
(2) The secretariat may have up to three researchers conduct
a survey and research on technical matters necessary for deliberation,
etc., on the minimum wage.
(3) Necessary matters concerning the qualifications, commission
and allowances of research members, and the organization and
operation of the secretariat, etc. shall be prescribed by the
Article 21 (Allowances, etc., of Members)
A member of the Council or technical committee may be
paid allowances and travel expenses as prescribed by the Presidential
Decree.
Article 22 (Operational Regulations)
The Council may establish regulations on the operation of
▮▮ 539
4. LABOR STANDARDS
the Council and technical committee to the extent not inconsistent

with this Act.
CHAPTER Ⅴ
Article 23 (Survey on Cost of Living, Wages, etc.)

The Minister of Employment and Labor shall survey each
year the costs of living, wages, etc., of workers.
Article 24 (Support of Government)
The government shall make its best effort to provide workers
and employers with information and other assistance necessary
for the smooth implementation of the minimum wage system.
Article 25 (Report)
The Minister of Employment and Labor may request workers
or employers to report matters relating to wages within the
extent necessary for the enforcement of this Act. <Amended by
Act No. 10339, Jun. 4, 2010>
Article 26 (Authority of Labor Inspector)
(1) The Minister of Employment and Labor shall charge the
a labor inspector under Article 101 of the Labor Standards Act
with the duty of administering the enforcement of this Act, as
(2) In order to exercise the authority as referred to in
paragraph (1), a labor inspector may enter a workplace, demand
the submission of books and documents, inspect other things, or
ask questions to a relevant personnel.
(3) A labor inspector who enters and inspects under paragraph
(2) shall carry a certificate indicating his/her identity, and show
it to a relevant personnel.
(4) A labor inspector shall perform the duties of a judicial

MINIMUM WAGE ACT
police officer in relation to any offence committed in violation

of this Act, as prescribed by the Act on the Persons Performing
the Duties of Judicial Police Officials and the Scope of Their Duties.
Parts of the authority of the Minister of Employment and
Labor under this Act may be delegated to the heads of local
employment and labor offices as prescribed by the Presidential
Article 27 Deleted <Act No. 8964, Mar. 21, 2008>
CHAPTER Ⅵ
Penal Provisions
(1) A person who pays wages lower than the minimum
wage rate or lowers the previous wages on grounds of the
minimum wage in violation of Article 6 (1) or (2) shall be
punished by imprisonment of up to three years or a fine not
exceeding 20 million won. In this case, both imprisonment and
fine may be imposed simultaneously.
(2) Notwithstanding that a contractor is held jointly liable
under Article 6 (7) and a labor inspector has issued a corrective
directive so as for the contractor to fulfill the joint liability, if
the contractor fails to fulfill it within the correction period,
he/she shall be punished by imprisonment for up to two years
or a fine not exceeding 10 million won. <Amended by Act No.
11278, Feb. 1, 2012>
Article 29 Deleted. <Act No. 5888, Feb. 8, 1999>
(1) If the representative, an agent, a servant or any other
employee of a corporation commits the offence prescribed in
Article 28 in connection with the business of the corporation,
the corporation shall be punished by a fine pursuant to the
same Article, in addition to the punishment of the offender.
▮▮ 541
4. LABOR STANDARDS
(2) If an agent, a servant or any other employee of an

individual commits the offence prescribed in Article 28 in
connection with the business of the individual, the individual
shall be punished by a fine pursuant to the same Article, in
addition to the punishment of the offender.
shall be punished by a fine not exceeding one million won.
1. Any person who, in violation of Article 11, fails to widely
inform workers of the relevant minimum wage through
the means prescribed in the same Article;
2. Any person who fails to make a report on matters
concerning wages under Article 25 or makes a false report;
3. Any person who refuses, interferes with, or evades a
request or inspection under Article 26 (2), or gives a false
answer to questions asked.
(2) The fine for negligence prescribed in paragraph (1) shall
Labor, as prescribed by the Presidential Decree. <Amended by
Act No. 10339, Jun. 4, 2010>
(3) A person who dose not agree with the imposition of a
fine for negligence under paragraph (2) may raise an objection
to the Minister of Employment and Labor within 30 days from
the date on which the imposition was notified. <Amended by Act
No. 10339, Jun. 4, 2010>
(4) If a person subject to the imposition of a fine for
negligence pursuant to paragraph (2) raises an objection pursuant
notify, without delay, the competent court of this, and the court
so notified shall hold a trial on the fine for negligence,
pursuant to the Non-Contentious Case Litigation Procedure Act.
(5) If neither objection is raised pursuant to paragraph (3)
nor is the fine for negligence paid, the fine for negligence shall
be collected pursuant to the process of recovery of national
taxes in arrears.


MINIMUM WAGE ACT
The enforcement date of this Act shall be as follows:

1. Special Metropolitan Cities and Metropolitan Cities under
Article 2 (1) 1 of the Local Autonomy Act : July 1, 2009
2. Jeju Special Self-governing Province and Sis under Article
2 (1) 2 of the Local Autonomy Act : July 1, 2010
3. Regions other than those described in subparagraphs 1
and 2 : July 1, 2012.

This Act shall enter into force on the date of its promulgation :
Provided that the revised provision of Article 6 (5) shall enter
into force on the following dates:
Article 2 (1) 1 of the Local Autonomy Act : July 1, 2009
2. Jeju Special Self-governing Province and Sis under Article
2 (1) 2 of the Local Autonomy Act : July 1, 2010
3. Regions other than those described in subparagraphs 1
and 2 : July 1, 2012
Parts of the Act on the Protection, etc. of Dispatched
Workers shall be revised as follows :
"Article 6 of the Minimum Wage Act" in subparagraph 3 of
Article 8 shall be changed to "Article 6 of the Minimum Wage Act".

<Proviso omitted>
(75) Parts of the Minimum Wage Act shall be revised as follows:
"Minister of Labor" in Article 4 (2), Article 5 (2) 2, Article 6
(4) 1 through 3, parts other than each subparagraph of Article
7, the former and latter parts of Article 8 (1), Article 8 (2)
through (5), Article 9 (1), the former part of Article 9 (2),
Article 9 (3) and (4), Article 10 (1), the proviso to Article 10 (2),
▮▮ 543
4. LABOR STANDARDS
subpargraph 4 of Article 13, Article 17 (1) 1, Article 23, Article

25, Article 26 (1), Article 26-2 and Article 31 (2) through (4)
"Ministry of Labor" in Article 12 shall be changed to
"Local labor offices" in Article 26-2 shall be changed to
"local employment and labor offices".
Article 5 Omitted.
Addendum <Act No. 11278, Feb. 1, 2012>

ENFORCEMENT DECREE OF THE MINIMUM WAGE ACT

Amended by Presidential Decree No. 12488, Jul. 7, 1988

Article 1 (Purpose)
The purpose of this Decree is to prescribe the matters
delegated by the Minimum Wage Act and matters necessary for
Jun. 26, 2009>
Article 2 Deleted. <Presidential Decree No. 19029, Aug. 31, 2005>
Article 3 (Minimum Wage Rate for Probationary Workers)
(1) For a person employed on probation and for whom less
than three months have passed since the beginning of the
probationary period pursuant to Article 5 (2) 1 of the Minimum
Wage Act (hereinafter referred to as the “Act”), the hourly
minimum wage rate shall be set at an amount equal to the
hourly minimum wage rate prescribed in the latter part of
Article 5 (1) of the Act, subtracted by 10/100 of that rate.
(2) For a person engaged in surveillance or intermittent
work and for whom the employer has obtained approval from
the Minister of Employment and Labor pursuant to Article 5 (2)
2, the hourly minimum wage rate shall be set at an amount
equal to the hourly minimum wage rate prescribed in the latter
part of Article 5 (1), subtracted by 10/100 of that rate.
▮▮ 545
4. LABOR STANDARDS
<This Article Wholly Amended by Presidential Decree No.21572,

Jun. 26, 2009>
Article 4 (Special Cases Concerning Determination of Minimum
Wage on Contract Basis, etc.)
If it is difficult to calculate the number of hours worked
because wages are usually determined on a contract basis or in
other similar ways as prescribed in Article 5 (3) of the Act, or
it is considered inappropriate to determine the minimum wage
rate pursuant to Article 5 (1) of the Act, the minimum wage
rate shall be determined based on the output or performance of
the worker concerned.
Jun. 26, 2009>
Article 5 (Conversion of Wages for Application of Minimum Wage)
(1) If a unit period based on which a worker's wages are
set is different from a unit period based on which the
minimum wage applicable to the worker is set, the wages of
the worker shall be converted into an hourly wage rate in
accordance with the following classification:
1. Wages determined on a daily basis: the amount divided
by the number of contractual working hours per day (if
the number of contractual working hours varies each day,
then the average number of contractual working hours
per day during a week period);
2. Wages determined on a weekly basis: the amount divided
by the number of contractual working hours per week (if
the number of contractual working hours varies each
week, then the average number of contractual working
hours per week during a four-week period);
3. Wages determined on a monthly basis: the amount divided
by the number of contractual working hours per month
(if the number of contractual working hours varies each
month, then the average number of contractual working
hours per month during a year period);
4. Wages determined based on a certain period other than
hour, day, week or month: the amount calculated muntatis
mutandis pursuant to subparagraphs 1 through 3.
(2) With respect to wages determined under a output-based
wage system or other contract systems, the hourly wage rate
shall be calculated by dividing the total wages during a wage
calculation period(referring to the period until the wage closing

date, if there is such a date; hereinafter the same shall apply in

this paragraph.) by the total number of working hours during
that period.
(3) If wages received by a worker are composed of two or
more kinds of wages prescribed in paragraph (1) or (2), the
hourly wage rate for the worker concerned shall be the sum of each
amount converted in accordance with its respective provision.
(4) If the number of contractual working hours during a
unit period based on which wages of a worker are set is different
from the number of contractual working hours during a period
based on which the minimum wage applicable to the worker is
set, the wages of the worker shall be converted into an hourly
wage rate in accordance with the classification described in each
subparagraph of paragraph (1).
Jun. 26, 2009>
Article 5-2 (Scope of Wages Included in Minimum Wage of Operators
of Motor Vehicle in General Taxi Transport Business)
“Wages prescribed by the Presidential Decree” in Article 6
(5) of the Act refer to the wages paid once or more per month
in accordance with the terms and rate of payment prescribed by
a collective bargaining agreement, working rules or labor
contract; Provided that wages falling under any of the following
subparagraphs shall not be included:
1. Wages other than those paid for contractual working hours
or contractual working days;
2. Wages paid to support the livelihoods and welfare of workers
<This Article Newly Inserted by Presidential Decree No.21572,
Jun. 26, 2009>
Article 6 (Criteria for Permission for Exclusion from Application
of Minimum Wage)
A person whom the employer can exclude from the application
of the minimum wage with permission of the Minister of
Employment and Labor under Article 7 of the Act means a person
whose mental or physical handicap, it is deemed obvious, directly
and considerably hinders the performance of his/her duties.
Jun. 26, 2009>
Article 7 (Request for Deliberation of Minimum Wage Council)
Pursuant to Article 8 (1) of the Act, the Minister of Employment
▮▮ 547
4. LABOR STANDARDS
and Labor shall request the Minimum Wage Council (hereinafter

referred to as the “Council”), by March 31 every year, to
deliberate on the minimum wage. <Amended by Presidential
Decree No. 22269, Jul. 12, 2010>
Jun. 26, 2009>
Article 8 (Announcement of Minimum Wage Proposal)
The Minister of Employment and Labor shall, upon receiving
a minimum wage proposal from the Council pursuant to Article
8 (2) of the Act, announce, without delay, the minimum wage
proposal by type of business or workplace (hereinafter referred
to as the “business”) and the scope of business subject thereto
pursuant to Article 9 (1) of the Act. <Amended by Presidential
Decree No. 22269, Jul. 12, 2010>
Jun. 26, 2009>
Article 9 (Objections to Minimum Wage Proposal)
If a person intends to raise an objection to the minimum
wage proposal as prescribed in the former part of Article 9 (2)
of the Act, he/she shall submit to the Minister of Employment
and Labor a letter of objection clearly indicating the following
matters: <Amended by Presidential Decree No. 22269, Jul. 12, 2010>
1. Name, address, workplace and title of the person who
files the objection;
2. Main points of the minimum wage proposal for the
industry for which the objection is filed;
3. Reasons for and contents of the objection.
Jun. 26, 2009>
Article 10 (Scope of Representatives of Workers or Employers
Eligible to Raise Objections)
A representative of workers prescribed in the latter part of
Article 9 (2) of the Act refers to the representative of a
confederation of trade unions or an industrial federation of
trade unions, and a representative of employers refers to the
representative of a nationwide association of employers designated
by the Minister of Employment and Labor. <Amended by Presidential
Decree No. 22269, Jul. 12, 2010>
Jun. 26, 2009>

Article 11 (Obligation to Notify)

(1) The contents of the minimum wage of which an employer
shall notify workers in accordance with Article 11 of the Act
are as follows;
1. Minimum wage rate for the workers subject thereto;
2. Wages not included in the minimum wage pursuant to
3. Scope of workers in the relevant business, who are excluded
from the application of the minimum wage pursuant to
4. Effective date of the minimum wage.
(2) An employer shall inform workers of the contents of the
minimum wage prescribed in paragraph (1) by one day prior to
the effective date of the minimum wage under Article 10 (2) of
the Act.
Jun. 26, 2009>
Article 12 (Commission, Appointment, etc. of Council Members)
(1) The workers' members, employers' members and public
interest members under Article 14 (1) of the Act shall be
commissioned by the President upon nomination of the Minister
22269, Jul. 12, 2010>
(2) The standing members under Article 14 (2) of the Act
shall be appointed by the President upon nomination of the
Decree No. 22269, Jul. 12, 2010>
(3) The workers' members shall be nominated from among
those recommended by a confederation of trade unions, and the
employers' members shall be nominated from among those
recommended by a nationwide association of employers designated
(4) When a vacancy occurs, a successor shall be commissioned
or appointed within 30 days from the date of the occurrence of
vacancy: Notwithstanding the foregoing, if the remaining term
of the predecessor is less than one year, the a successor may
not be commissioned or appointed.
Jun. 26, 2009>
▮▮ 549
4. LABOR STANDARDS
Article 13 (Criteria for Commission of Public Interest Members)

The public interest members shall be commissioned from
among those falling under any of the following subparagraphs:
1. Persons who were public officials of Grade III or of a
grade equivalent thereto or higher or public officials
belonging to the Senior Civil Service and have plenty of
knowledge and experience in labor issues;
2. Persons who work or worked as associate professor or in
a higher position in the fields of labor economics, industrial
relations, labor laws, sociology, social welfare and other
fields related thereto in a university for five years or more;
3. Persons who engage or engaged in research on labor
issues in a certified research institute for ten years or
more (five years in the case of doctorate degree holders
in the fields prescribed in subparagraph 2);
4. Other persons recognized by the Minister of Employment
and Labor as having knowledge and experience equivalent
to those prescribed in subparagraphs 1 through 3.
Jun. 26, 2009>
Article 14 (Appointment Qualifications, etc. of Standing Members)

The standing members of the Council shall be appointed from
1. Persons who are public officials of Grade Ⅲ or of a grade
equivalent thereto or higher or public officials belonging
to the Senior Civil Service and have experience in labor
administration;
2. Persons who worked as associate professor or in a higher
position in the fields of labor economics, industrial
relations, labor laws, sociology, social welfare and other
fields related thereto in a university for five years or more.
Jun. 26, 2009>
Article 15 (Commission, etc. of Special Members)
The special members prescribed in Article 16 of the Act
shall be commissioned by the Minister of Employment and
Labor from among public officials of Grade III or of a grade
equivalent thereto or higher in a relevant administrative agency
or public officials belonging to the Senior Civil Service.


Jun. 26, 2009>
Article 16 (Reimbursement of Expenses)
Workers, employers and other related persons who attend a
meeting of the Council (including a technical committee under
Article 19 (4) of the Act) pursuant to Article 18 of the Act shall
be paid allowances and travel expenses within the limits of the
budget.
Jun. 26, 2009>
Article 17 (Composition of Technical Committee)
(1) The technical committee prescribed in Article 19 (1) of
the Act shall be composed of those who are designated by the
chairperson of the Council from among the Council members.
(2) If the chairperson deems it difficult to institute the
technical committee referred to in paragraph (1) with only the
members of the Council or deems it necessary for professional
deliberation on the matters concerned, the chairperson may
commission members of the technical committee from among
those other than the Council members. In this case, among technical
committee members commissioned separately, Article 12 (3) shall
apply mutatis mutandis to the commission of workers' members
and employers' members, and Article 13 shall apply mutatis
mutandis to the commission of public interest members.
<This Article Wholly Amended by Presidential Decree No.21572, Jun.
26, 2009>
Article 18 (Allowances, etc. of Members)
Allowances and travel expenses necessary for the performance
of duties shall be paid within the limits of the budget to
members other than the standing members of the Council under
Article 14 (1) of the Act and to the members of the technical
committee under Article 19 (3) of the Act. In this case, the
allowances shall be paid based on the number of days attended
and the travel expenses shall be paid in amounts commensurate
with the position of the standing members.
Jun. 26, 2009>
Article 19 (Survey of Actual Conditions)
The Minister of Employment and Labor may have the Council
▮▮ 551
4. LABOR STANDARDS
survey the living expenses and wages of workers pursuant to

Jul. 12, 2010>
Jun. 26, 2009>
Article 20 (Execution of Duties by Labor Inspectors)
When a labor inspector executes duties related to the
enforcement of the Act pursuant to Article 26 (1) of the Act,
he/she shall be subject to the direction and supervision of the
head of the local employment and labor office to which he/she
belongs. <Amended by Presidential Decree No. 22269, Jul. 12, 2010>
Jun. 26, 2009>
Article 21 (Identification Certificate)
The identification certificate referred to in Article 26 (3) of
the Act shall be same as the one prescribed in Article 7 of the
Labor Inspector Regulations.
Jun. 26, 2009>
The Minister of Employment and Labor shall delegate the
authority described in any of the following subparagraphs to
the heads of local employment and labor offices in accordance
with Article 26-2 of the Act: <Amended by Presidential Decree No.
22269, Jul. 12, 2010>
1. Authorization of exclusion from the application of the
minimum wage under Article 7 of the Act;
2. Demand for a report under Article 25 of the Act;
Jun. 26, 2009>
The Minister of Employment and Labor (including an
organization to whom the authority of the Minister of Employment
and Labor is delegated pursuant to Article 21-2) may manage
data containing resident registration numbers or foreigner
Act, if it is inevitable in order to perform duties concerning

permission for exclusion from the application of the minimum

wage under Article 7 of the Act.
Jan. 6, 2012>
The criteria for imposition of fines for negligence under
Article 31 (1) of the Act are provided for in the annexed Table.

(2) (Valid Period of Minimum Wage for Workers Engaged in
Surveillance or Intermittent Work)
The revised provision of Article 3 (2) shall be valid until
December 31, 2011.
(3) (Special Cases of Application of Minimum Wage to Workers
Engaged in Surveillance or Intermittent Work)
Notwithstanding the revised provision of Article 3 (2), with
regard to those engaged in surveillance or intermittent work
and for whom the employer has obtained approval from the
Minister of Labor, the hourly minimum wage rate shall be the
hourly minimum wage rate prescribed in the latter part of
Article 5 (1) of the Act, subtracted by 30/100 thereof, until
December 31, 2007.
The enforcement date of the revised provision of Article 5-2
shall be as follows:
Article 2 (1) 1 of the Local Autonomy Act: Jul 1, 2009
2. Jeju Special Self-Governing Province and Sis under Article
2 (1) 2 of the Local Autonomy Act: Jul. 1, 2010
3. Areas other than those prescribed in subparagraphs 1 and
2: Jul 1, 2012
▮▮ 553
4. LABOR STANDARDS

<Proviso omitted>
(122) Parts of the Enforcement Decree of the Minimum
Wage Act shall be revised as follows:
"Minister of Labor" in Article 3 (2), Articles 6 through 8,
parts other than each subparagraph of Article 9, Article 10,
Article 12 (1) through (3), subparagraph 4 of Article 13, Article
15, Article 19, parts other than each subparagraph of Article
21-2 and Article 22 (2) shall be changed to "Minister of
"Local labor office" in Article 20 and parts other than each
subparagraph of Article 21-2 shall be changed to "local
employment and labor office".

Article 2 (Transitional Measures concerning Fines for Negligence)
The application of the criteria for imposition of fines for
the amended provisions of Table.

Article 2 (Effective Period of Minimum Wage for Persons Engaged
in Surveillance or Intermittent Work)
The amended provisions of Article 3 (2) shall remain effective
until December 31, 2014.



<proviso omitted>
Article 2 Omitted.
▮▮ 555
4. LABOR STANDARDS
[Table] <Amended on Mar. 30, 2011>

1. General criteria
The Minister of Employment and Labor may, if an offender falls under
any of the following conditions, reduce the amount of fine for negligence
under subparagraph 2 by up to half : Provided that this shall not apply
to offenders who delay payment of a fine for negligence.
1) Where the offender falls under any subparagraph of Article 2-2 (1) of
the Enforcement Decree of the Act on the Regulation of Violations of
Public Order;
loss to property due to a natural disaster, fire, etc., or facing a serious
crisis due to worsening business conditions;
3) Where the offense is deemed to have been caused by a mistake, such
as minor carelessness or error, etc.;
Amount of fine for

Offense Provision
negligence
A. Where a person fails to widely inform Article 31 (1) 1 1 million won

workers of the relevant minimum wage of the Act
through the means prescribed in Article 11
of the Act in violation of the same Article
B. Where a person fails to make a report on Article 31 (1) 2 1 million won

matters concerning wages under Article 25 of the Act
of the Act or makes a false report
C. Where a person refuses, obstructs or Article 31 (1) 3 1 million won

evades a demand or an inspection by a of the Act
labor inspector under Article 26 (2) of the
Act or makes a false statement in response
to his/her question

ACT ON THE PROTECTION, ETC., OF DISPATCHED WORKERS
ACT ON THE PROTECTION, ETC., OF

DISPATCHED WORKERS
Act No. 5512, Feb. 20, 1998

Act No. 8372, Apr. 11, 2007
Act No. 8617, Aug. 3, 2007
Act No. 8963, Mar. 21, 2008
Act No. 8964, Mar. 21, 2008
Act No. 9432, Feb. 6, 2009
Act No. 9698, May 21, 2009
Act No. 10339, Jun. 4, 2010
Act No. 11024, Aug. 4, 2011
Act No. 11279, Feb. 1, 2012
Act No. 11668, Mar. 22, 2013
Act No. 12470, Mar. 18, 2014
Act No. 12632, May 20, 2014
CHAPTER Ⅰ
General Provisions
Article 1 (Purpose)
The purpose of this Act is to pursue the proper operation
of worker dispatch undertakings and to establish standards for
working conditions, etc., for dispatched workers, thereby contributing
to employment security and welfare promotion for dispatched
workers and facilitating manpower demand and supply.
Article 2 (Definitions)
Terms used in this Act are defined as follows: <Amended by
Act No. 8076, Dec. 21, 2006 and Act No. 11668, Mar. 22, 2013>
1. The term “worker dispatch” means a system in which a
sending employer, while maintaining employment relations
with a worker after hiring, has the worker work for a using
employer under the direction and order of the using
employer in accordance with a worker dispatch contract;
2. The term “worker dispatch undertaking” means conducting
worker dispatching as a business;
3. The term “sending employer” means a person who carries
out a worker dispatch undertaking;
▮▮ 557
4. LABOR STANDARDS
4. The term “using employer” means a person who uses a

dispatched worker under a worker dispatch contract;
5. The term “dispatched worker” means a person who is
employed by a sending employer and subject to worker
dispatch;
6. The term “worker dispatch contract” means an agreement
prescribing worker dispatch between a sending employer
and a using employer; and
7. The term “discriminatory treatment” means giving unfavorable
treatment in terms of the following matters without any
justifiable reasons:
A. Wages under Article 2 (1) 5 of the Labor Standards Act;
B. Bonuses, such as regular bonuses and traditional holiday
bonuses, which are paid regularly;
C. Incentives based on business performance; and
D. Other matters concerning working conditions, fringe benefits,
etc.
Article 3 (Obligation of the Government)
In order to protect dispatched workers and make it easy for
workers to find jobs and for employers to secure manpower,
the government shall make efforts to ensure that workers can be
directly employed by employers, by coming up with and implementing
various measures specified in the following subparagraphs:
1. Gathering and provision of employment information;
2. Research on jobs;
3. Vocational guidance; and
4. Establishment and operation of employment security
organizations.
Article 4 (Surveys and Research on Worker Dispatch Undertakings)
(1) The government may, if necessary, have representatives
of workers, employers, and public interest and related experts
conduct surveys and research on major matters concerning the
proper operation of worker dispatch undertakings and the
protection of dispatched workers.
(2) Necessary matters concerning surveys and research
stipulated in paragraph (1) shall be prescribed by the Ordinance
10339, Jun. 4, 2010>

CHAPTER Ⅱ
Proper Operation of Worker Dispatch Undertakings
Article 5 (Jobs, etc., Permitted for Worker Dispatch)

(1) Jobs permitted for worker dispatch shall be those
considered suitable for that purpose given their nature or
required professional knowledge, skills or experience, and prescribed
by the Presidential Decree, except for those directly related to
production in the manufacturing industry. <Amended by Act No.
8076, Dec. 21, 2006>
(2) Notwithstanding paragraph (1), if a vacancy occurs due to
childbirth, illness, injury, etc., or there is a need to temporarily
or intermittently secure manpower, worker dispatch undertakings
may be carried out. <Amended by Act No. 8076, Dec. 21, 2006>
(3) Notwithstanding paragraphs (1) and (2), worker dispatch
undertakings shall not be carried out for the following jobs:
<Newly inserted by Act No. 8076, Dec. 21, 2006 and Amended by
Act No. 8617, Aug. 3, 2007 and Act No. 11024, Aug. 4, 2011>
1. Jobs performed at a construction site;
2. Stevedoring jobs under subparagraph 1 of Article 3 of the
Harbor Transport Business Act, Article 9 (1) 1 of the
Railroad Transport Business Act, Article 40 of the Act
on Distribution and Price Stabilization of Agricultural and
Fishery Products, and Article 2 (1) 1 of the Basic Logistics
Policy Act, or which worker supply services are permitted
pursuant to Article 33 of the Employment Security Act;
3. Seamen's jobs under subparagraph 1 of Article 2 of the
Seaman Act;
4. Harmful or hazardous jobs under Article 28 of the
Occupational Safety and Health Act; and
5. Other jobs prescribed by the Presidential Decree as they
are deemed not suitable for worker dispatch undertakings
on grounds of worker protection, etc.
(4) If an employer intends to use a dispatched worker under
paragraph (2), he/she shall have sincere consultation in advance
with a trade union of the business or workplace concerned if
there is a trade union with a majority of workers as its members,
or if there is no such trade union, with a person representing a
majority of workers. <Amended by Act No. 8076, Dec. 21, 2006>
(5) No person shall carry out a worker dispatch undertaking
or receive worker dispatch services from a person who carries
▮▮ 559
4. LABOR STANDARDS
out a worker dispatch undertaking in violation of paragraphs

(1) through (4). <Amended by Act No. 8076, Dec. 21, 2006>
Article 6 (Dispatch Period)
(1) A period of worker dispatch shall not exceed one year,
except for cases falling under Article 5 (2). <Amended by Act No.
8076, Dec. 21, 2006>
(2) Notwithstanding paragraph (1), if there is an agreement
between the sending employer, the using employer and the
dispatched worker, the period may be extended. In such cases,
the extended period, if extended once, shall not exceed one year,
and the total dispatch period, including the extended period,
shall not exceed two years. <Newly inserted by Act No. 8076, Dec.
21, 2006>
(3) With regard to aged dispatched workers under subparagraph
1 of Article 2 of the Act on Age Discrimination Prohibition in
Employment and Aged Employment Promotion, notwithstanding
the latter part of paragraph (2), the dispatch period may be
extended for more than two years. <Amended by Act No. 8076,
Dec. 21, 2006 and Act No. 11279, Feb. 1, 2012>
(4) The period of worker dispatch under Article 5 (2) shall
be as follows: <Amended by Act No. 8076, Dec. 21, 2006>
1. A period required to resolve the cause in cases where
there is a clear and objective cause, such as childbirth,
illness and injury; and
2. A period of less than three months in cases where there
is a need to secure manpower on a temporary and
intermittent basis: Provided that the cause is not resolved,
and there is an agreement among the sending employer,
the using employer and the dispatched worker, the
period may be extended once for up to three months.
Article 6-2 (Obligation of Employment)
(1) If a using employer falls under any of the following
subparagrpahs, he/she shall directly employ the dispatched
worker concerned: <Amended by Act No. 11279, Feb. 1, 2012>
1. Where the using employer uses the dispatched worker for
jobs which do not fall into the category of jobs permitted
for worker dispatch under Article 5 (1) (excluding cases
where worker dispatch undertakings are carried out
pursuant to Article 5 (2));
2. Where the using employer uses the dispatched worker in
violation of Article 5 (3);

3. Where the using employer continues to use the dispatched

worker in excess of two years in violation of Article 6 (2);
4. Where the using employer uses the dispatched worker in
violation of Article 6 (4);
5. Where the using employer receives worker dispatch services
in violation of Article 7 (3).
(2) The provisions of paragraph (1) shall not apply, if the
dispatched worker clearly expresses an objection, or there is a
justifiable reason prescribed by the Presidential Decree.
(3) If a using employer directly employs a dispatched worker
pursuant to paragraph (1), working conditions for the dispatched
worker shall be as follows:
1. If among the workers employed by the using employer,
there is a worker performing the same or similar kind of
work the dispatched worker performs, working conditions
prescribed in employment rules applicable to the worker
shall apply to the dispatched worker; and
2. If among the workers employed by the using employer,
there is no worker performing the same or similar kind
of work the dispatched worker performs, working conditions
for the dispatched worker shall not be worse than the
existing ones.
(4) If a using employer intends to directly employ a worker
for a job for which a dispatched worker is already being used,
he/she shall make efforts to preferentially employ the dispatched
worker.
Article 7 (Permission for Worker Dispatch Undertakings)
(1) A person who intends to carry out a worker dispatch
undertaking shall obtain permission from the Minister of
Employment and Labor as prescribed by the Ordinance of the
Ministry of Employment and Labor. The same shall apply if
any change is made to important matters, among permitted ones,
which are prescribed by the Ordinance of the Ministry of
(2) If a person who has obtained permission for a worker
dispatch undertaking pursuant to the former part of paragraph
(1) intends to change permitted matters, other than important
matters under the latter part of the same paragraph, he/she
shall report such changes to the Minister of Employment and
Labor as prescribed by the Ordinance of the Ministry of
▮▮ 561
4. LABOR STANDARDS
(3) A using employer shall not be offered worker dispatch

services by a person who carries out a worker dispatch
undertaking in violation of paragraph (1). <Newly Inserted by Act
No. 8076, Dec. 21, 2006>
Article 8 (Grounds for Disqualification from Obtaining Permission)
shall be disqualified from obtaining permission for worker dispatch
undertakings under Article 7: <Amended by Act No. 8372, Apr. 11,
2007; Act No. 8964, Mar. 21, 2008; and Act No. 11024, Aug. 4, 2011>
1. A minor, an incompetent, a quasi-incompetent, or a person
who was declared bankrupt and has not been reinstated;
2. A person who was sentenced to imprisonment without prison
labor or a heavier punishment (excluding suspension of
sentence) and for whom two years have not elapsed after
the termination of, or exemption from such punishment;
3. A person who was sentenced to imprisonment without prison
labor or a heavier punishment (excluding suspension of
sentence) for violating this Act, the Employment Security
Act, Articles 7, 9, 20 through 22, 36, 43 through 46, 56
and 64 of the Labor Standards Act, Article 6 of the
Minimum Wage Act, and Article 110 of the Seaman Act,
and for whom three years have not elapsed after the
termination of, or exemption from such punishment;
4. A person who had his/her sentence of imprisonment
without prison labor or heavier punishment suspended
and is now on probation;
5. A person for whom three years have not elapsed since
the permission for the business was cancelled under Article
12; and
6. A juristic person which among its executives, has a person
falling under any of subparagraphs 1 through 5-1.
Article 9 (Criteria for Permission)
(1) If permission for worker dispatch undertakings is applied
for under Article 7, the Minister of Employment and Labor may
give such permission only when the following requirements are
met: <Amended by Act No. 10339, Jun. 4, 2010>
1. The applicant shall have assets and facilities, etc., which
would enable him/her to carry out a worker dispatch
undertaking properly; and
2. The worker dispatch undertaking concerned shall not
target a specific small number of using employers.

(2) Detailed criteria for permission under paragraph (1) shall

Article 10 (Valid Period of Permission, etc.)
(1) The valid period of permission for worker dispatch
undertakings shall be three years.
(2) A person who intends to continue to carry out a worker
dispatch undertaking after termination of the valid period of
permission under paragraph (1) shall obtain permission for
renewal as prescribed by the Ordinance of the Ministry of
(3) The valid period of permission for renewal shall be
three years, counting from the day after the expiration date of
the permission prior to such renewal.
(4) The provisions of Articles 7 through 9 shall apply mutatis
mutandis to permission for renewal under paragraph (2).
Article 11 (Closure of Business)
(1) If a sending employer discontinues his/her worker dispatch
undertaking, he/she shall report it to the Minister of Employment
and Labor as prescribed by the Ordinance of the Ministry of
(2) If a report is made under paragraph (1), permission for
the worker dispatch undertaking concerned shall lose its effect
from the day of such report.
Article 12 (Cancellation of Permission, etc.)
(1) If a sending employer falls under any of the following
subparagraphs, the Minister of Employment and Labor may
cancel permission for a worker dispatch undertaking or order
business to be suspended for a period of not more than six months:
Provided that the sending employer falls under subparagraph 1
or 2, the permission shall be cancelled. <Amended by Act No.
8964, Mar. 21, 2008 and Act No. 10339, Jun. 4, 2010>
1. Where he/she has obtained the permission under Article
7 (1) or Article 10 (2) by false or other fraudulent means;
2. Where he/she is subject to the reasons for disqualification
under Article 8;
3. Where he/she fails to meet the criteria for permission
under Article 9;
4. Where he/she carries out a worker dispatch undertaking
5. Where he/she carries out a worker dispatch undertaking
▮▮ 563
4. LABOR STANDARDS
in violation of Article 6 (1), (2) or (4);

6. Where he/she changes important matters without getting
permission in violation of the latter part of Article 7 (1);
7. Where he/she changes matters to be reported without
reporting such changes pursuant to Article 7 (2);
8. Where he/she fails to report discontinuation of business
pursuant to Article 11 (1);
9. Where he/she fails to notify the using employer of a
decision on suspension of business in violation of Article
13 (2);
10. Where he/she violates the ban on concurrent business
under Article 14;
11. Where he/she lends his/her trade name in violation of
Article 15;
12. Where he/she dispatches a worker in violation of Article
16 (1);
13. Where he/she violates matters to be observed under
Article 17;
14. Where he/she fails to make a report pursuant to Article
18 or makes a false report;
15. Where he/she fails to make a worker dispatch contract
in writing pursuant to Article 20 (1);
16. Where he/she dispatches a worker without obtaining
consent from the worker in violation of 24 (2);
17. Where he/she makes a labor contract or worker dispatch
contract in violation of Article 25;
18. Where he/she fails to inform a dispatched worker of the
matters referred to in subparagraphs 2 and 4 through 12
of Article 20 (1) in violation of Article 26 (1);
19. Where he/she fails to appoint a person responsible for
managing dispatch services pursuant to Article 28 or
appoints a person disqualified therefor;
20. Where he/she fails to prepare or preserve a ledger for
management of dispatch services pursuant to Article 29;
21. Where he/she fails to send the results of a health
examination in violation of Article 35 (5);
22. Where he/she fails to comply with an order to improve the
operation of worker dispatch undertakings and employment
management for dispatched workers pursuant to Article 37;
23. Where he/she violates an order to report pursuant to
Article 38 or refuses, avoids or obstructs entry, inspection
or questioning by related public officials.


cancel his/her permission as a juristic person is subject to the
reason for disqualification referred to in subparagraph 6 of
Article 8, he/she shall give the juristic person one month or
more in advance to replace the executive concerned. <Amended
by Act No. 10339, Jun. 4, 2010>
cancel his/her permission pursuant to paragraph (1), he/she
shall hold a hearing. <Amended by Act No. 10339, Jun. 4, 2010>
(4) Criteria for cancellation of permission or suspension of
business for worker dispatch undertakings under paragraph (1)
Article 13 (Worker Dispatch after Cancellation of Permission, etc.)
(1) A sending employer who is subject to cancellation of
permission or suspension of business under Article 12 shall
have duties and rights as a sending employer for the workers
dispatched before such decision and for the using employer
until the end of the dispatch period.
(2) In the case of paragraph (1), the sending employer shall give,
without delay, a notice to the using employer of such decision.
Article 14 (Prohibition of Concurrent Business)
A person who runs a business falling under any of the
following subparagraphs shall not carry out a worker dispatch
undertaking: <Amended by Act No. 9432, Feb. 6, 2009>
1. Food and entertainment business under Article 36 (1) 3 of
the Food Sanitation Act;
2. Lodging business under Article 2 (1) 1 A of the Public
Health Act;
3. Marriage counselling or matchmaking services under Article
5 of the Family Ritual Standards Act; and
4. Other businesses prescribed by the Presidential Decree.
Article 15 (Prohibition of Name Lending)
A sending employer shall not have others carry out a
worker dispatch undertaking under his/her trade name.
Article 16 (Restrictions on Worker Dispatch)
(1) A sending employer shall not dispatch a worker to a
workplace where industrial action is underway to perform the
work stopped due to such industrial action.
(2) No person, after dismissing a worker for managerial
▮▮ 565
4. LABOR STANDARDS
reasons under Article 24 of the Labor Standards Act, shall use a

dispatched worker for that work before the end of a certain
period prescribed by the Presidential Decree. <Amended by Act
No. 8372, Apr. 11, 2007>
Article 17 (Matters to be Observed by Sending Employer, etc.)
A sending employer and a person responsible for managing
worker dispatch services under Article 28 shall observe the
matters prescribed by the Ordinance of the Ministry of
Employment and Labor when carrying out worker dispatch
undertakings. <Amended by Act No. 10339, Jun. 4, 2010>
Article 18 (Report on Business)
A sending employer shall prepare a business report and
submit it to the Minister of Employment and Labor as prescribed
Article 19 (Measure for Closure, etc.)
(1) With regard to persons who carry out a worker dispatch
undertaking without permission or continue to carry out a
worker dispatch undertaking after a decision on cancellation of
permission or suspension of business is rendered, the Minister
of Employment and Labor may have a relevant public official take
the following measures to close down the business concerned:
1. Removing or eliminating billboards and other business
signs of the business place or office concerned;
2. Posting a notice indicating that the business concerned is
illegal; and
3. Sealing off from usage instruments or facilities indispensable
for operating the business concerned.
(2) If the measures under paragraph (1) are taken, the
sending employer concerned or his/her agent shall be informed
in writing of this in advance: Provided that there is an urgent
reason, this shall not apply.
(3) The measures referred to in paragraph (1) shall be limited
to the minimum extent necessary for stopping the business
concerned.
(4) A relevant public official who implements the measures
under paragraph (1) shall show a certificate indicating such
authority to a related person.

CHAPTER Ⅲ
Working Conditions for Dispatched Workers, etc.
SECTION 1
Worker Dispatch Contract
Article 20 (Contents of Contracts, etc.)

The parties to a worker dispatch contract shall conclude the
contract in writing, containing the following matters, as
Labor: <Amended by Act No. 8076, Dec. 21, 2006 and Act No.
10339, Jun. 4, 2010>
1. Number of dispatched workers;
2. Description of duties to be performed by dispatched workers;
3. Reasons for dispatching workers (limited to cases where
the worker is dispatched pursuant to Article 5 (2));
4. Name and location of the workplace, and other working
place in which a dispatched worker will be placed;
5. Information on a person who will directly supervise and
give orders to dispatched workers during the dispatch period;
6. Matters related to the dispatch period and starting date
of dispatch services;
7. Matters related to the start time and finish time of work,
and recess hours;
8. Matters related to holidays and leave;
9. Matters related to extended, night and holiday work;
10. Matters related to safety and health;
11. Matters related to the price of worker dispatch; and
12. Other matters prescribed by the Ordinance of the
(2) If a using employer signs a worker dispatch contract
pursuant to paragraph (1), he/she shall provide necessary
information to the sending employer so as to ensure his/her
compliance with the provision of Article 21 (1). In such cases,
matters concerning the scope of information to be provided,
method of provision, etc., shall be prescribed by the Presidential
Decree. <Newly Inserted by Act No. 8076, Dec. 21, 2006>
Article 21 (Prohibition, Correction, etc., of Discriminatory Treatment)
▮▮ 567
4. LABOR STANDARDS
(1) A sending employer and a using employer shall not

treat a dispatched worker in a discriminatory manner in
comparison with a worker who performs the same work in the
business of the using employer.
(2) If a dispatched worker is discriminated, he/she may
request redress therefor to the Labor Relations Commission.
(3) Articles 9 through 15 and 16 of the Act on the Protection,
etc., of Fixed-term and Part-time Employees (excluding subparagraphs
1 and 4 of the same Article) shall apply mutatis mutandis to
requests for redress under paragraph (2) and other redress
procedures. In such cases, “fixed-term or part-time employees”
and “employer” shall be read as “dispatched workers” and
“sending employer and using employer,” respectively.
(4) The provisions of paragraphs (1) through (3) shall not
apply in cases where a using employer employs four workers
or less.
Article 21-2 (Demand, etc., by the Minister of Employment and
Labor for Correction of Discriminatory Treatment)
(1) If a sending or using employer gives discriminatory
treatment in violation of Article 21 (1), the Minister of Employment
and Labor may demand correction thereof.
(2) If the sending or using employer fails to comply with
the demand for correction made under paragraph (1), the
Minister of Employment and Labor shall notify the Labor
Relations Commission of the discriminatory treatment along
with the detailed description thereof. In such cases, the Minister
of Employment and Labor shall give a notice of such fact to
the sending or using employer and worker concerned.
(3) Upon receiving a notification from the Minister of
Employment and Labor under paragraph (2), the Labor Relations
Commission shall, without delay, examine whether there is any
discriminatory treatment. In such cases, the Labor Relations
Commission shall give the sending or using employer and
worker concerned an opportunity to state their opinions.
(4) Articles 9 (4), 11 through 15 and 15-2 (5) of the Act on
the Protection, etc., of Fixed-Term and Part-Time Employees
applicable mutatis mutandis pursuant to Article 15-2 (4) of the
same Act shall apply mutatis mutandis to examinations by the
Labor Relations Commission under paragraph (3) and other
correction procedures, etc. In such cases, "date on which a
request for correction is made" shall be read as "date on which

a notification is received", "dismissal decision" as "decision that

there is no discriminatory treatment", "the parties concerned" as
"the sending or using employer and worker concerned" and "the
worker who has filed a request for correction" as "the worker
concerned".
Article 21-3 (Expansion of Effect of Confirmed Corrective Orders)
(1) The Minister of Employment and Labor may investigate
whether the business or workpalce of a sending employer or
using employer who is obligated to comply with a corrective
order confirmed under Article 14 of the Act on the Protection,
etc., of Fixed-Term and Part-Time Employees applicable mutatis
mutanids pursuant to Article 21 (3) or 21-2 (4) gives
discriminatory treatment to any dispatched worker other than
workers affected by the corrective order, and if there is any
discriminatory treatment, may demand correction thereof.
(2) If a sending employer or using employer fails to comply
with a demand made under paragraph (1), Article 21-2 (2)
through (4) shall apply mutatis mutandis thereto.
Article 22 (Rescission etc., of Contracts)
(1) A using employer shall not rescind a worker dispatch
contract on grounds of a dispatched worker's gender, religion, social
status or legitimate involvement in activities of a trade union.
(2) A sending employer may suspend worker dispatch or
rescind a worker dispatch contract if, with regard to services
provided by dispatched workers, the using employer violates
this Act or orders under this Act, the Labor Standards Act or
orders under the Labor Standards Act, the Occupational Safety
and Health Act or orders under the Occupational Safety and
Health Act.
SECTION 2
Measures to be Sought by Sending Employer
Article 23 (Welfare Promotion for Dispatched Workers)

A sending employer shall make efforts to promote the
welfare of dispatched workers by taking necessary measures to
secure employment and education and training opportunities
▮▮ 569
4. LABOR STANDARDS
suitable for their desire and abilities, improve their working

conditions, and achieve their employment stability.
Article 24 (Duty of Notice for Dispatched Workers)
(1) If a sending employer intends to employ a worker as a
dispatched worker, he/she shall inform the worker in advance of
such intention in writing. <Amended by Act No. 8076, Dec. 21, 2006>
(2) If a sending employer intends to choose a person to be
dispatched from among workers who are hired by the employer
not as dispatched workers, he/she shall notify the worker of
such intention in advance in writing, and obtain his/her
consent. <Amended by Act No. 8076, Dec. 21, 2006>
Article 25 (Prohibition of Employment Restrictions for Dispatched
Workers)
(1) A sending employer shall not, without a justifiable reason,
conclude a contract with a dispatched worker or a person who
desires to be hired as a dispatched worker, which prohibits the
worker from being hired by a using employer after termination
of employment relationships with the sending employer.
(2) A sending employer shall not, without a justifiable reason,
conclude a worker dispatch contract which prohibits a using
employer from hiring the dispatched worker after termination of
employment relationships with the dispatched worker.
Article 26 (Notification of Placement Conditions)
(1) If a sending employer intends to dispatch a worker, he/she
shall, in advance, notify in writing the worker concerned of the
matters specified in each subparagraph of Article 20 (1) and
other matters prescribed by the Ordinance of the Ministry of
Employment and Labor. <Amended by Act No. 8076, Dec. 21,
2006 and Act No. 10339, Jun. 4, 2010>
(2) A dispatched worker may ask the sending employer to
provide detailed information on the price of worker dispatch
pursuant to Article 20 (1) 11. <Newly Inserted by Act No. 8076,
Dec. 21, 2006>
(3) If a sending employer is asked to provided detailed
information under paragraph (2), he/she shall provide such
information in writing without delay. <Newly Inserted by Act No.
8076, Dec. 21, 2006>
Article 27 (Notice for Using Employer)
If a sending employer dispatches a worker, he/she shall
give a notice of the name of the dispatched worker and other

matters prescribed by the Ordinance of the Ministry of

Employment and Labor to the using employer. <Amended by Act
No. 10339, Jun. 4, 2010>
Article 28 (Person in Charge of Managing Dispatch Services)
(1) In order to ensure proper employment management for
dispatched workers, a sending employer shall appoint a person
in charge of managing dispatch services from among those who
are not subject to the reasons for disqualification referred to in
subparagraphs 1 through 5 of Article 8.
(2) Necessary matters concerning the duties, etc., of a person
in charge of managing dispatch services shall be prescribed by
Article 29 (Ledger for Management of Dispatch Services)
(1) A sending employer shall prepare and preserve a ledger
for management of dispatch services.
(2) Matters to be recorded on a ledger for management of
dispatch services, and the period for preservation thereof under
Jun. 4, 2010>
SECTION 3
Measures to be Sought by Using Employer
Article 30 (Measures for Worker Dispatch Contract)

A using employer shall take necessary measures so as not
to violate the terms and conditions of a worker dispatch
contract made under Article 20.
Article 31 (Securing of Proper Dispatch Services)
(1) If a dispatched worker files a grievance on dispatch services,
the using employer shall notify the contents of the grievance to
the sending employer, and handle such a grievance promptly
and properly.
(2) In addition to handling grievances as stipulated in paragraph
(1), a using employer shall take necessary measures to ensure
the proper offering of dispatch services.
▮▮ 571
4. LABOR STANDARDS
Article 32 (Person in Charge of Managing Use of Dispatched Workers)

(1) In order to ensure the proper offering of services by
dispatched workers, a using employer shall appoint a person in
charge of managing use of dispatched workers.
(2) Necessary matters concerning the duties, etc., of a person
in charge of managing use of dispatched workers shall be
Article 33 (Ledger for Management of Use of Dispatched Workers)
(1) A using employer shall prepare and preserve a ledger
for management of use of dispatched workers.
(2) Matters to be recorded on a ledger for management of
use of dispatched workers, and the period for preservation
thereof under paragraph (1) shall be prescribed by the Ordinance
10339, Jun. 4, 2010>
SECTION 4
Special Cases Relating to Application of Labor Standards

Act, etc.
Article 34 (Special Cases Relating to Application of Labor Standards

Act)
(1) With regard to services provided by a dispatched worker
during his/her dispatch period, the Labor Standards Act shall
be applied as the sending employer and the using employer
shall be deemed an employer under Article 2 of the same Act,
provided that in applying Articles 15 through 36, Article 39,
Articles 41 through 48, Articles 56, 60 and 64, Articles 66 through
68 and Articles 78 through 92 of the same Act, the sending
employer shall be deemed an employer while in applying
Articles 50 through 55, Article 58, 59, 62 and 63 and Articles 69
through 75 of the same Act, the using employer shall be
deemed an employer. <Amended by Act No. 8372, Apr. 11, 2007.>
(2) If a sending employer fails to pay wages to a dispatched
worker due to causes attributable to the using employer as
prescribed by the Presidential Decree, the using employer shall
be jointly liable for that failure along with the sending employer.

In such cases, the sending employer and the using employer, in

applying Articles 43 and 68 of the Labor Standards Act, shall
be deemed an employer under Article 2 of the same Act and
the same Act shall apply to them accordingly. <Amended by Act
No. 8372, Apr. 11, 2007>
(3) If a using employer grants paid holidays or paid leave
under Articles 55, 73 and 74 (1) of the Labor Standards Act, the
wages during such holidays or leave shall be paid by the
sending employer. <Amended by Act No. 8372, Apr. 11, 2007>
(4) If a sending employer and a using employer conclude a
worker dispatch contract which contains any terms and conditions
violating the Labor Standards Act, and violate the same Act by
requiring a dispatched worker work to offer services in accordance
with the contract, they shall be subject to the relevant penal
provisions on the ground that all parties to the contract shall be
deemed an employer under Article 15 of the same Act.
Article 35 (Special Cases Relating to Application of Occupational
Safety and Health Act)
(1) With regard to services provided by a dispatched worker
during his/her dispatch period, the Occupational Safety and
Health Act shall be applied as the using employer shall be
deemed an employer under subparagraph 3 of Article 2 of the
same Act. In such cases, in applying Article 31 (2) of the
Occupational Safety and Health Act, “when hiring a worker” in
the same paragraph shall be read as “when worker dispatch
services are offered”.
(2) Notwithstanding paragraph (1), in applying Article 5,
Article 43 (5) (limited to cases of a change of workplace, work
reassignment and working hour reduction), the proviso to
Article 43 (6) and Article 52 (2) of the Occupational Safety and
Health Act, a sending employer and a using employer shall be
deemed an employer under subparagraph 3 of Article 2 of the
same Act.
(3) If a using employer has conducted a health examination
for a worker during his/her dispatch period pursuant to Article
43 of the Occupational Safety and Health Act, he/she shall
explain and send without delay the results of such health
examination to the sending employer pursuant to Article 43 (6)
of the same Act.
(4) Notwithstanding paragraphs (1) and (3), with regard to
health examinations prescribed by the Ordinance of the Ministry
of Employment and Labor, among those which shall be regularly
▮▮ 573
4. LABOR STANDARDS
conducted by an employer pursuant to Article 43 (1) of the

Occupational Safety and Health Act, a sending employer shall
be deemed an employer under subparagraph 3 of Article 2 of
the same Act. <Amended by Act No. 8964, Mar. 21, 2008 and Act
No. 10339, Jun. 4, 2010>
(5) If a sending employer has conducted a health examination
pursuant to paragraph (4), he/she shall explain and send
without delay the results of such health examination to the
using employer pursuant to Article 43 (6) of the Occupational
Safety and Health Act.
(6) If a sending employer and a using employer conclude a
worker dispatch contract which contains any terms and conditions
violating the Occupational Safety and Health Act, and violate
the same Act by requiring a dispatched worker to offer services
in accordance with the contract, they shall be subject to the
relevant penal provisions on the ground that all parties to the
contract shall be deemed an employer under subparagraph 3 of
Article 2 of the same Act.
CHAPTER Ⅳ
Article 36 (Guidance, Advice, etc.)

The Minister of Employment and Labor may, if deemed
necessary for the enforcement of this Act, offer a sending employer
and a using employer guidance and advice necessary for
properly operating worker dispatch undertakings and ensuring
proper dispatch services. <Amended by Act No. 10339, Jun. 4, 2010>
Article 37 (Improvement Order)
The Minister of Employment and Labor may, if deemed
necessary for ensuring proper dispatch services, order a sending
employer to improve the operation of worker dispatch undertakings
and employment management for dispatched workers. <Amended
by Act No. 10339, Jun. 4, 2010>
Article 38 (Report and Inspection)
necessary for the enforcement of this Act, order a sending employer

and a using employer to report necessary matters, as prescribed

necessary, have a related public official enter the workplace and
other facilities of a sending employer and a using employer,
inspect books, documents and other materials, or ask questions
to a related person. <Amended by Act No. 10339, Jun. 4, 2010>
(3) A public official who enters a place and conducts an
inspection pursuant to paragraph (2) shall show a certificate
indicating such authority to a related person.
Article 39 (Request for Materials)
(1) The Minister of Employment and Labor may request
related administrative agencies and other public institutions, etc.,
to submit materials necessary for the enforcement of this Act.
(2) A person who is asked to submit materials under
paragraph (1) shall comply with the request unless there is a
justifiable reason.
Article 40 (Fees)
A person who intends to obtain permission under Articles 7
and 10 shall pay fees as prescribed by the Ordinance of Ministry
Parts of the authority of the Minister of Employment and
Labor may be delegated to the heads of local employment and
labor offices, as prescribed by the Presidential Decree. <Amended
by Act No. 10339, Jun. 4, 2010>
CHAPTER Ⅴ
Penal Provisions

(1) A person who dispatches a worker to be employed for
work harmful to public health or public morality shall be
punished by imprisonment of up to five years or a fine not
exceeding 50 million won. <Amended by Act No. 12632, May 20, 2014>
▮▮ 575
4. LABOR STANDARDS
(2) A person who attempts to commit the act referred in

paragraph (1) shall be punished.
shall be punished by imprisonment of up to three years or a
fine not exceeding 30 million won: <Amended by Act No. 8076,
Dec. 21, 2006 and Act No. 12632, May 20, 2014>
1. A person who carries out a worker dispatch undertaking
in violation of Article 5 (5), Article 6 (1), (2) and (4) or
Article 7 (1);
1-2. A person who receives worker dispatch services in violation
of Article 5 (5), Article 6 (1), (2) and (4) or Article 7 (3);
2. A person who obtains permission under Article 7 (1) or
permission for renewal under Article 10 (2) by false or
fraudulent means; and
3. A person who violates the provisions of Article 15 or Article
34 (2).
A person who violates Article 16 (excluding subparagraphs
1 and 4 of the same Article) of the Act on the Protection, etc.,
of Fixed-term and Part-time Employees applicable mutatis mutandis
pursuant to Article 21 (3) shall be punished by imprisonment of
up to two years or a fine not exceeding 10 million won.
shall be punished by imprisonment of up to one year or a fine
not exceeding 10 million won: <Amended by Act No. 8076, Dec.
21, 2006 and Act No. 9698, May 21, 2009>
1. Deleted. <Act No. 8076, Dec. 21, 2006>
2. A person who continues to carry out a worker dispatch
undertaking in violation of an order to suspend business
under Article 12 (1); and
3. A person who violates Article 16.
If a representative of a juristic person or an agent, a servant
or any other employee of a juristic person or an individual
commits an offence prescribed in Articles 42, 43, 43-2 or 44 in
connection with the business of the juristic person or individual,
the fine prescribed in the respective Article shall be imposed on

the juristic person or individual, in addition to the punishment

of the offender: this shall not apply, provided that the juristic
person or individual does not neglect to give considerable
<This Article Wholly Amended by Act No. 9698, May. 21, 2009>
(1) A person who, without any justifiable reason, fails to
comply with a corrective order confirmed under Article 14 (2) or
(3) of the Act on the Protection, etc., of Fixed-term and Part-time
Employees applicable mutatis mutandis pursuant to Articles 21
(3), 21-2 (4) and 21-3 (2) shall be punished by a fine for
negligence not exceeding 100 million won. <Newly Inserted by
Act No. 8076, Dec. 21, 2006 and Amended by Act No. 11279, Feb.
1, 2012 and Act No. 12470, Mar. 18, 2014>
(2) A person who fails to directly employ a dispatched
worker in violation of Article 6-2 (1) shall be punished by a
fine for negligence not exceeding 30 million won. <Newly
Inserted by Act No. 8076, Dec. 21, 2006>
(3) A sending employer who, when dispatching a worker,
fails to notify in writing the worker to be dispatched of the
matters prescribed in each subparagraph of Article 20 (1) and
other matters prescribed by the Ordinance of the Ministry of
Employment and Labor in violation of Article 26 (1) shall be
punished by a fine for negligence not exceeding 10 million
won. <Newly Inserted by Act No. 9698, May 21, 2009 and
Amended by Act No. 10339, Jun. 4, 2010>
(4) A person who, without any justifiable reason, fails to
comply with the demand of the Minister of Employment and
Labor to submit a status report on compliance with a corrective
order under Article 15 (1) of the Act on the Protection, etc., of
Fixed-term and Part-time Employees applicable mutatis mutandis
pursuant to Articles 21 (3), 21-2 (4) and 21-3 (2) shall be
punished by a fine for negligence not exceeding five million
won. <Newly Inserted by Act No. 8076, Dec. 21, 2006 and
Amended by Act No. 9698, May 21, 2009; Act No. 10339, Jun. 4,
2010; Act No. 11279, Feb. 1, 2012; and Act No. 12470, Mar. 18, 2014>
(5) A person who falls under any of the following
exceeding three million won: <Amended by Act No. 8076, Dec. 21,
2006 and Amended by Act No. 9698, May 21, 2009>
1. A person who fails to make a report under Article 11 (1)
▮▮ 577
4. LABOR STANDARDS
or makes a false report;

2. A person who fails to make a report under Article 18 or
38 (1) or makes a false report;
2-2. A person who violates the provisions of Article 26 (3);
3. A person who violates Article 27, 29 or 33;
4. A person who fails to send the results of a health
examination in violation of Article 35 (3) or (5);
5. A person who violates an improvement order under
Article 37; and
6. A person who refuses, interferes with, or evades an inspection
under Article 38 (2) without any justifiable reason.
(6) The fine for negligence under paragraphs (1) through (5)
by Act No. 9698, May 21, 2009 and Act No. 10339, Jun. 4, 2010>
(7) Deleted. <Act No. 9698, May. 21, 2009>
(8) Deleted. <Act No. 9698, May. 21, 2009>
Addenda
<Act No. 9432, Feb. 6, 2009; Revision of the Food Sanitation Act>

Provided that Article 6 (1) (limited to the amended parts of
Article 11 (1)) shall enter into force on January 1, 2010.
Parts of the Act on the Protection, etc. of Dispatched Workers
“Article 21 (1) 3 of the Food Sanitation Act” in subparagraph
1 of Article 14 shall be changed to “Article 36 (1) 3 of the
Food Sanitation Act”.
Article 7 Omitted.
Addenda
<Act No. 9698, May. 21, 2009>
(2) (Transitional Measures Concerning Penal Provisions)

The application of penal provisions to any act committed

before the enforcement of this Act shall be subject to the
Addenda
<Act No. 10339, Jun. 4, 2010>

<Proviso omitted>
(78) Parts of the Act on the Protection, etc. of Dispatched
Workers shall be revised as follows:
“Ordinance of the Ministry of Labor” in Article 4 (2), the
former and latter parts of Article 7 (1), Article 7 (2), Article 10
(2), Article 11 (1), Article 12 (4), Article 17, Article 18, parts
other than each subparagraph of Article 20 (1), Article 20 (1) 12,
Article 26 (1), Article 27, Article 28 (2), Article 29 (2), Article 32
(2), Article 33 (2), Article 35 (4), Article 38 (1) and Article 40
shall be changed to "Ordinance of the Ministry of Employment
and Labor".
"Minister of Labor" in the former part of Article 7 (1),
Article 7 (2), parts other than each subparagraph of Article 9
(1), Article 11 (1), parts other than each subparagraph of Article
12 (1), Article 12 (2) and (3), Article 18, parts other than each
subparagraph of Article 19 (1), Article 36, Article 37, Article 38
(1) and (2), Article 39 (1) and Article 41 shall be changed to
“Minister of Employment and Labor".
"Local labor offices" in Article 41 shall be changed to "local
employment and labor offices".
"Ordinance of the Ministry of Labor" in Article 46 (3) shall be
changed to "Ordinance of the Ministry of Employment and Labor".
"Minister of Labor" in Article 46 (4) and (6) shall be
Article 5 Omitted.
▮▮ 579
4. LABOR STANDARDS
Addenda
<Act No. 11024, Aug. 4, 2011; Revision of the Seaman Act>

<Proviso omitted>
(1) though (4) Omitted.
(5) Parts of the Act on the Protection, etc. of Dispatched
Workers shall be revised as follows:
Article 5 (3) 3 shall be changed as follows:
3. Seamen's jobs under subparagraph 1 of Article 2 of the
Seaman Act.
“Article 100 (3) of the Seaman Act" in subparagraph 3 of
Article 8 shall be changed to "Article 110 of the Seaman Act".
Article 9 Omitted.
Addendum
<Act No. 11279, Feb. 1, 2012>
Addendum
<Act No. 11668, Mar. 22, 2013>
Addendum
<Act No. 12470, Mar. 18, 2014>
Addendum
<Act No. 12632, May 20, 2014>

ENFORCEMENT DECREE OF THE ACT ON THE PROTECTION, ETC., OF DISPATCHED WORKERS
ENFORCEMENT DECREE OF THE ACT ON THE

PROTECTION, ETC.,
OF DISPATCHED WORKERS
Presidential Decree No. 15828, July 1, 1998
Amended by Presidential Decree No. 20094, Jun. 18, 2007

Presidential Decree No 22269, Jul. 12, 2010
Article 1 (Purpose)
The purpose of this Decree is to stipulate matters delegated
by the Act on the Protection, etc., of Dispatched Workers and
those necessary for the enforcement thereof. <Amended by Presidential
Decree No. 20094, Jun. 18, 2007>
Article 2 (Jobs Permitted or Prohibited for Worker Dispatch)
(1) “The jobs prescribed by the Presidential Decree” in
Article 5 (1) of the Act on the Protection, etc., of Dispatched Workers
(hereinafter referred to as the “Act”) refer to those described in
the annexed Table 1. <Amended by Presidential Decree No. 20094,
Jun. 18, 2007>
(2) “The jobs prescribed by the Presidential Decree” in Article
5 (3) 5 of the Act refer to those falling under any of the following
subparagraphs: <Amended by Presidential Decree No. 20094, Jun. 18,
2007>
1. Dusty work under subparagraph 3 of Article 2 of the Act
on the Prevention of Pneumoconiosis and Protection, etc.,
of Pneumoconiosis Workers;
2. Work subject to the issuance of health management pocketbooks
under Article 44 of the Occupational Safety and Health Act;
3. The work of medical persons under Article 2 of the Medical
Service Act, and the work of assistant nurses under Article
80 of the same Act;
4. The work of medical technicians under Article 3 of the
Medical Technicians, etc., Act;
5. Driving work in a passenger vehicle transport business
▮▮ 581
4. LABOR STANDARDS
under subparagraph 3 of Article 2 of the Act on Passenger

Vehicle Transport Business; and
6. Driving work in a freight vehicle transport business under
subparagraph 3 of Article 2 of the Act on Freight Vehicle
Transport Business.
Article 2-2 (Exception to Obligation of Employment)
“Cases where there is a justifiable reason prescribed by the
Presidential Decree” in Article 6-2 (2) of the Act refer to those
falling under any of the following subparagraphs:
1. Cases falling under any of the subparagraphs of Article 4
of the Enforcement Decree of the Wage Claim Guarantee
Act; and
2. Cases where it is impossible to continue business due to
natural disasters, armed conflicts or other inevitable reasons.
Jun. 18, 2007>
Article 3 (Detailed Criteria for Permission)
The criteria for the assets, facilities, etc., of a worker dispatch
undertaking under Article 9 (2) of the Act shall be as follows:
<Amended by Presidential Decree No. 20094, Jun. 18, 2007 and
Presidential Decree No. 21590, Jun. 30, 2009>
1. The undertaking shall be a business or workplace ordinarily
employing five workers or more (excluding dispatched
workers), and have joined the employment insurance, national
pension scheme, industrial accident compensation insurance
and national health insurance;
2. The undertaking shall have capital (estimated value of
assets in case of an individual) of more than 100 million won;
and
3. The undertaking shall have an office with a floor area of
20 m2 or larger.
Article 4 (Restrictions on Use of Dispatched Worker)
For two years after dismissing a worker for a managerial reason
under Article 24 of the Labor Standards Act, a dispatched worker
shall not be employed for the relevant job pursuant to Article
16 (2) of the Act: Provided that if there is a consent of a trade
union composed of a majority of workers (or a person who
represents a majority of workers if such trade union does not
exist) in the relevant business or workplace, the period may be
shortened to 6 months with the consent of the trade union.

Article 4-2 (Scope of Information and Method of Provision of

Information)
(1) The information a using employer shall provide to the
sending employer pursuant to Article 20 (2) of the Act refers to
the following information on workers who perform the same or
similar work to that of the dispatched worker in the business
of the using employer:
1. Whether there are such workers or not and the number
of workers;
2. Wages and wage components;
3. Matters concerning the start and finish time of work and
recess hours;
4. Matters concerning holidays and leave;
5. Matters concerning extended, night and holiday work;
6. Matters concerning health and safety;
7. Matters concerning the use of welfare facilities; and
8. Matters concerning other working conditions subject to
discriminatory treatment under subparagraph 7 of Article
2 of the Act but not included in the provisions of
subparagraphs 2 through 7.
(2) A using employer shall provide the sending employer
with the information specified in any of the subparagraphs of
paragraph (1) in writing.
Jun. 18, 2007>
Article 5 (Causes Attributable to Using Employer)
"Causes attributable to a using employer as prescribed by
the Presidential Decree” in the former part of Article 34 (2) of the
Act refer to causes falling under any of the following subparagraphs:
1. Where a using employer breaches a worker dispatch contract
without a justifiable reason; and
2. Where a using employer fails to pay the price of worker
dispatch stipulated in a worker dispatch contract, without
a justifiable reason.
The Minister of Employment and Labor shall, in accordance
with Article 41 of the Act, delegate the authority described in any
of the following subparagraphs to the heads of local employment
and labor offices: <Amended by Presidential Decree No. 20094, Jun.
18, 2007; Presidential Decree No. 22269, Jul. 12, 2010; and Presidential
Decree No. 23853, Jun. 12, 2012>
▮▮ 583
4. LABOR STANDARDS
1. Permission of a worker dispatch undertaking, permission for

changes, acceptance of a report on changes and permission
for renewal under Article 7 (1) and (2) and Article 10 (2)
of the Act;
2. Acceptance of a report on the closure of a worker dispatch
undertaking under Article 11 (1) of the Act;
3. Cancellation of permission of a worker dispatch undertaking
and suspension of business under Article 12 of the Act;
4. Receipt of a business report under Article 18 of the Act;
5. Measures for closure, etc., under Article 19 of the Act;
5-2. Demand for submission of a status report on compliance
with a confirmed correction order under Article 15 (1)
of the Act on the Protection, etc., of Fixed-term and
Part-time Employees applied mutatis mutandis pursuant
to Articles 21 (3), 21-2 (4) and 21-3 (2) of the Act and
receipt of a report on non-compliance with a confirmed
correction order under paragraph (2) of the Act on the
Protection, etc. of Fixed-term and Part-time Employees
5-3. Demand for correction of discriminatory treatment under
Articles 21-2 (1) and 21-3 (1) of the Act and notification
and notice of discriminatory treatment under Article
21-2 (2) (including cases to which it applies mutatis
mutandis pursuant to Article 21-3 (2) of the Act);
6. Guidance and advice under Article 36 of the Act;
7. Improvement order under Article 37 of the Act;
8. Report order and visit, inspection, and questioning under
9. Request for materials under Article 39 of the Act; and
Identification Information)
Labor is delegated pursuant to Article 6) or the Labor Relations
Commission may manage information falling into the category
of criminal records under subparagraph 2 of Article 18 of the
Enforcement Decree of the Personal Information Protection Act
and data containing resident registration numbers or foreigner
the same Decree if it is inevitable in order to perform the
following duties:

1. Duties concerning permission for worker dispatch undertakings

and reporting of changes thereto under Article 7 of the Act;
2. Duties concerning confirmation of grounds for disqualification
from obtaining permission under Article 8 of the Act;
3. Duties concerning permission for renewal of worker dispatch
undertakings under Article 10 (2) of the Act;
4. Duties concerning reporting of closure of worker dispatch
undertakings under Article 11 of the Act;
5. Duties concerning reports on business of worker dispatch
undertakings under Article 18 of the Act; and
6. Duties concerning requests for correction of discriminatory
treatment of dispatched workers under Article 21 of the Act.
Jan. 6, 2012>
Article 46 (1) through (5) of the Act are provided for in Table 2.
Mar. 30, 2011>
Addenda
This Decree shall enter into force on July 1, 2007: Provided
that the enforcement dates of the revised provisions of Article
4-2 and Table 2 (limited to subparagraphs 1 and 3) shall be as
follows according to type of business or workplace (referring to
the business or workplace of a using employer; hereinafter the
same shall apply.):
or more: July 1, 2007;
2. State and local government agencies; among agencies
designated as public enterprises, quasi-government agencies
or other public agencies under Article 5 of the Act on
the Operation of Public Agencies, those that meet the
conditions for government-affiliated institutions under Article
3 of the Framework Act on the Management of Government-
Affiliated Institutions repealed pursuant to Article 2 of the
Addenda of the Act on the Operation of Public Agencies
amended by Act no. 8258 or those that meet the conditions
for government-invested institutions under Article 2 of the
▮▮ 585
4. LABOR STANDARDS
Framework Act on the Management of Government-Invested

institutions; local public enterprises and local public
corporations under Articles 49 and 76 of the Local Public
Enterprises Act; government-funded research institutions and
societies under Article 2 of the Act on the Establishment,
Operation and Fostering of Government-Funded Research
Institutions, etc., and Article 2 of the Act on the Establishment,
Operation and Fostering of Government-Funded Science
and Technology Research Institutions, etc.,; and university
hospitals under the Act on the Establishment of University
Hospitals: July 1, 2007
or more but less than 300 workers: July 1, 2008
4. Businesses or workplaces ordinarily employing less than
100 workers: July 1, 2009
Article 2 (Transitional Measures concerning Jobs Permitted for
Worker Dispatch)
(1) Workers dispatched for the jobs permitted for worker
dispatch pursuant to the previous provisions of Table 1 at the
time this Decree enters into force shall be regarded as being
dispatched for the jobs permitted for worker dispatch pursuant
to the revised provisions of Table 1.
(2) The jobs permitted for worker dispatch pursuant to the
revised provisions of Table 1 at the time this Decree enters into
force shall be regarded as being included in the jobs to which
new codes are assigned in accordance with the list of comparison
between old and new Korean Standard Classification of
Occupations (Public announcement no. 2000-2 by the National
Statistical Office).
Addenda
<Presidential Decree No. 21590, Jun. 30, 2009;
Revision of the Enforcement Decree of the Construction Act, etc.>
that the amended provisions of Articles 8 and 9 shall enter into
force on January 1, 2010.
Article 2 (Valid Period, etc., Pertaining to Revision of Enforcement
Decree of Farmland Act)
(1) The amended provision of subparagraph 46 in Table 2 of

the Enforcement Decree of the Farmland Act shall remain effective

until June 30, 2011.
(2) The amended provision of subparagraph 46 in Table 2 of
the Enforcement Decree of the Farmland Act shall apply to
farmland diversion permission (including permission for changes
and farmland diversion permission under other Acts or authorization
or permission, etc., deemed such permission for changes; hereinafter
the same shall apply in this paragraph) given after this Decree
enters into force, and to farmland diversion permission applied
for or farmland diversion report made before June 30, 2011.
Article 3 (Application Example Pertaining to Revision of Enforcement
Decree of Tourism Promotion Act)
The amended provision of subpargraph 1 of Article 32 of
the Enforcement Decree of the Tourism Promotion Act shall
apply to persons who obtain approval for business plans or
applies for such approval under Article 15 of the Act before
Article 4 (Application Example Pertaining to Revision of Enforcement
Decree of Industrial Sites and Development Act)
The amended provision of Article 40 (2) of the Enforcement
Decree of the Industrial Sites and Development Act shall apply
to lot-selling plans drawn up after this Decree enters into force.
(2) Matters delegated to bylaws pursuant to the amended
provision of Article 40 (2) of the Enforcement Decree of the
Industrial Sites and Development Act shall be governed by the
previous provisions until the relevant bylaws are enacted or
amended.
Article 5 (Transitional Measures Pertaining to Revision of Enforcement
Decree of Employment Insurance Act)
The amended provision of Article 13 (1) 2 of the Enforcement
Decree of the Employment Insurance Act shall apply to
workplaces which reduce working hours pursuant to Article 13
(1) of the Enforcement Decree of the Employment Insurance Act
Decree of Act on Management and Promotion of Real
Estate Development Business)
The application of fines for negligence to acts committed
before this Decree enters into force shall be subject to the
▮▮ 587
4. LABOR STANDARDS

Decree of New Harbor Construction Promotion Act)
Persons who have had the application period for approval
of a new harbor construction project plan extended pursuant to
the previous provisions at the time this Decree enters into force
and is still in that extended period shall be subject to the
amended provision of the latter part of Article 9 (5) of the
Enforcement Decree of the New Harbor Construction Promotion
Act, and shall be deemed to have had the application period
extended once pursuant to the same amended provision.
Decree of Act on Promotion of Saving and Recycling of
Resources)
The application of fines for negligence to acts committed before
this Decree enters into force shall be subject to the previous
provisions.
Decree of Sewage Act)
(1) First reeducation under the amended provision of Article
38 (2) 2 A of the Enforcement Decree of the Sewage Act shall
be conducted five years after the end date of the most recent
reeducation conducted before this Decree enters into force.
(2) The amended provision of Article 38 (2) 2 B of the
Enforcement Decree of the Sewage Act shall apply to suspension
of business imposed after this Decree enters into force.
Addendum
<Presidential Decree No. 21694, Aug. 18, 2009>
Addenda
<Proviso omitted>

Protection, etc., of Dispatched Workers shall be revised as follows:

"Minister of Labor" in parts other than each subparagraph of
Article 6, Article 7 (2) and subparagraph 5 in the offense column
of Table 2 shall be changed to "Minister of Employment and Labor".
of Article 6 shall be changed to "local employment and labor offices".
"Ordinance of the Ministry of Labor" in subparagraph 6 in
the offense column of Table 2 shall be changed to "Ordinance
of the Ministry of Employment and Labor".
Addenda

(2) The imposition of fines for negligence for offenses committed
before this Decree enters into force shall not be included in
calculating the number of offenses under the amended provisions
of Table 2.
Addenda
Unique Identification Information>
This Decree shall enter into force on the date of promulgation.
<Proviso omitted>
Article 2 Omitted.
Addendum
▮▮ 589
4. LABOR STANDARDS
[Table 1] <Amended on Jun. 18, 2007>
Jobs Permitted for Worker Dispatch

(related to Article 2 (1))
Korean
Standard
Classification
of Occupations Jobs permitted for worker dispatch Remarks
(Public notice
no. 2000-2 of
Statistics Korea)
120 Computer-related professionals
Administration, business and finance Excluding administrative
16
professionals specialists (161)
17131 Patent attorney
Archivists, librarians and related Excluding librarians
181
information professionals (18120)
1822 Translators and interpreters
183 Creative and performing artists
Motion picture, theater and
184
broadcasting-related professionals
220 Computer related associate professionals
23219 Other electrical engineering technicians
23221 Communications engineering technicians
Draughtpersons, including those
234
engaged in CAD
Limited to assistants
Excluding clinic
pathology technicians
Optical and electronic equipment
235 (23531), radiology
operators
technicians (23532) and
other medical equipment
operators (23539)
Associate education professionals not
252
engaged in formal school education
253 Other associate education professionals
associate professionals in art,
28
entertainment and sports
291 Associate administrative professionals
317 Office assistant clerks
318 Library and mail related clerks
3213 Debt collectors and related clerks

Except for cases where

the work of telephonists
Telephonists and telephone number and telephone number
3222
service clerks service clerks is a core
service of the business
concerned.
323 Customer-related clerks
411 Personal care and related workers
Excluding cooks working
in tourist hotels under
421 Cooks
Article 3 of the Tourism
Promotion Act
432 Tour guides
51206 Petrol pump attendants
51209 Other retail trade salesmen
521 Salesmen via telephone order
842 Motor vehicle drivers
9112 Building cleaners
Excluding the jobs
prescribed in
91221 Doorkeepers and janitors subparagraph 1 of
Article 2 of the Security
Services Industry Act
91225 Parking place concierges
Deliverers, porters, meter readers and
913
related workers
▮▮ 591
4. LABOR STANDARDS

1. General criteria
A. The criteria for the imposition of fines for negligence according to the
number of offenses shall apply to cases where a fine for negligence
has been imposed for the same offense in the past two years. In such
cases, the number of offenses shall be calculated based on the date
on which a fine for negligence was imposed for the relevant offense
and the date on which the same offense was found again.
B. The Minister of Employment and Labor may, if an offender falls
under any of the following conditions, reduce the amount of fine
for negligence under subparagraph 2 by up to half: this shall not
apply, provided that offenders delay payment of a fine for negligence.
1) Where the offender falls under any of the subparagraphs of Article
2-2 (1) of the Enforcement Decree of the Act on the Regulation of
Violations of Public Order;
loss to property due to a natural disaster, fire, etc., or facing a serious
such as minor carelessness or error. etc.;
4) Where the offender has corrected or resolved the consequences of
his/her offense; and

1st 2nd
subsequent
offense offense
offenses
A. Where a person fails to directly Article 46 10 million 20 million 30 million
employ a dispatched worker in (2) of the won won won
Act

B. Where a person fails to make a Article 46 2 million 3 million 3 million

report under Article 11 (1) of (5) 1 of won won won
the Act or makes a false report the Act
C. Where a person fails to make a Article 46 3 million 3 million 3 million

report under Article 18 or (5) 2 of won won won
Article 38 (1) of the Act or the Act
makes a false report
D. Where a person fails, without a Article 46

justifiable reason, to comply (1) of the
with a correction order Act
confirmed under Article 14 (2)
or (3) of the Act on the
Protection, etc., of Fixed-term
and Part-time Employees applied
mutatis mutandis pursuant to
Article 21 (3), Article 21-2 (4)
and Article 21-3 (2) of the Act
1) Where a person fails to The ordered The ordered The ordered

comply with a discrimination amount of amount of amount of
correction order that requires monetary monetary monetary
monetary compensation compensatio compensatio compensatio
n not n not n not
exceeding exceeding exceeding
100 million 100 million 100 million
won won won
2) Where a person fails to 5 million 10 million 20 million

comply with a discrimination won won won
correction order with regard
to working conditions, such
as working hours, holidays
and leave, etc.

comply with a discrimination won won won
correction order with regard
to use of facilities, etc.
E. Where a person fails, without a Article 46 2 million 4 million 5 million

justifiable reason, to comply with (4) of the won won won
a demand for submission of a Act
compliance status report made
by the Minister of Employment
and Labor under Article 15 (1)
of the Act on the Protection,
etc., of Fixed-term and Part-time
Employees applied mutatis
mutandis pursuant to Article 21
(3), Article 21-2 (4) and Article
21-3 (2) of the Act
▮▮ 593
4. LABOR STANDARDS
F. Where a person, when Article 46

dispatching a worker, fails to (3) of the
inform, in writing, the Act
dispatched worker in advance of
the matters specified in any of
the subparagraphs of Article 20
(1) of the Act and other matters
prescribed by the Ordinance of
the Ministry of Employment and
Labor in violation of Article 26
(1) of the Act

provide all of the information won won won

provide part of the information won won won
G. Where a person violates Article Article 46 3 million 3 million 3 million

26 (3) of the Act (5) 2-2 of won won won
the Act
H. Where a person violates Article Article 46 2 million 3 million 3 million

27, 29 or 33 of the Act (5) 3 of won won won
the Act
I. Where a person fails to send the Article 46 2 million 3 million 3 million

results of the relevant health (5) 4 of won won won
examination in violation of the Act
Article 35 (3) or (5) of the Act
J. Where a person violates an Article 46 3 million 3 million 3 million

improvement order under Article (5) 5 of won won won
37 of the Act the Act
K. Where a person refuses, Article 46 3 million 3 million 3 million

obstructs or evades an inspection (5) 6 of won won won
under Article 38 (2) of the Act the Act
without a justifiable reason

ACT ON THE PROTECTION, ETC. OF FIXED-TERM AND PART-TIME EMPLOYEES
ACT ON THE PROTECTION, ETC. OF FIXED-TERM

AND PART-TIME EMPLOYEES
Act No. 8074, Dec. 21, 2006
Amended by Act No. 8372, Apr. 11, 2007

Act No. 10339, Jun. 4, 2010
Act No. 11273, Feb. 1, 2012
Act No. 11667, Mar. 22, 2013
Act No. 12469, Mar. 18, 2014
CHAPTER Ⅰ
General Provisions
Article 1 (Purpose)
The purpose of this Act is to promote the sound development
of the labor market by redressing undue discrimination against
fixed-term and part-time employees and strengthening the protection
of their working conditions.
The terms used in this Act shall be defined as follows:
<Amended by Act No. 8372, Apr. 11, 2007 and Act No. 11667,
Mar. 22, 2013>
1. The term "fixed-term employee" refers to an employee who
has signed a labor contract whose period is fixed
(hereinafter referred to as "fixed-term labor contract").
2. The term "part-time employee" refers to a part-time employee
as defined in Article 2 of the Labor Standards Act.
3. The term "discriminatory treatment" refers to unfavorable
treatment given without any justifiable reason in terms of
any of the following matters:
A. Wages defined in Article 2 (1) 5 of the Labor Standards Act;
B. Bonuses paid on a regular basis, such as regular bonuses
and traditional holiday bonuses;
C. Performance pay based on business performance; and
4. Other matters concerning working conditions and fringe
benefits, etc.
▮▮ 595
4. LABOR STANDARDS

ordinarily employing five workers or more: Provided that this
Act shall not apply to businesses or workplaces which employ
only relatives living together with their employer and to domestic
workers.
(2) With respect to businesses or workplaces ordinarily employing
four workers or less, some of the provisions of this Act may
apply, as prescribed by the Presidential Decree.
(3) With respect to State and local government agencies, this
Act shall apply regardless of the number of workers they
ordinarily employ.
CHAPTER Ⅱ
Fixed-term Employees
Article 4 (Employment of Fixed-term Employees)

(1) An employer may employ a fixed-term employee for a
period not exceeding two years (In cases where a fixed-term
labor contract is repeatedly renewed, the total consecutive employment
period shall not exceed two years.): Provided that an employer
may employ a fixed-term employee for more than two years in
any of the following cases:
1. Where the period required to complete a project or
particular task is defined;
2. Where a fixed-term employee is needed to fill a vacancy
arising from a worker's temporary suspension from duty
or dispatch until the worker returns to work;
3. Where the period required for a worker to complete
his/her schoolwork or vocational training is defined;
4. Where a fixed-term labor contract is made with an aged
person as defined in Article 2 Subparagraph 1 of the Aged
Employment Promotion Act;
5. Cases prescribed by the Presidential Decree, where the job
requires professional knowledge and skills or is offered as
part of the government's welfare or unemployment measures;
6. Other cases prescribed by the Presidential Decree, where
there is any reasonable ground equivalent to those described

in subparagraphs 1 through 5.
(2) If an employer employs a fixed-term employee for more
than two years even though those grounds under the proviso to
paragraph (1) do not exist or cease to exist, the fixed-term
employee shall be considered a worker who has made a non-fixed
term labor contract.
Article 5 (Conversion to Workers on a Non-fixed Term Contract)
If an employer intends to make a non-fixed term labor contract,
he/she shall make efforts to preferentially employ fixed-term
employees engaged in the same or similar kinds of work in the
business or workplace concerned.
CHAPTER Ⅲ
Part-time Employees
Article 6 (Restrictions on Overtime Work of Part-time Employees)

(1) If an employer intends to have a part-time employee
work in excess of the contractual working hours prescribed in
Article 2 of the Labor Standards Act, he/she shall obtain
consent from the relevant employee. In such cases, the overtime
hours shall not exceed 12 hours a week. <Amended by Act No.
8372, Apr. 11, 2007>
(2) Any part-time employee may refuse to do overtime work
if the employer makes him/her do overtime work without
obtaining his/her consent pursuant to paragraph (1).
(3) An employer shall make an additional payment of
50/100 or more of the ordinary wage for overtime work under
paragraph (1). <Newly Inserted by Act No. 12469, Mar. 18, 2014>
Article 7 (Conversion to Full-time Workers, etc.)
(1) If an employer intends to hire a full-time worker, he/she
shall make efforts to preferentially employ part-time employees
engaged in the same or similar kinds of work in the business
or workplace concerned.
(2) If a worker applies to work part time on account of
household duties, study or any other reason, the employer shall
make efforts to convert the worker to a part-time employee.
▮▮ 597
4. LABOR STANDARDS
CHAPTER Ⅳ
Prohibition and Correction of Discriminatory Treatment
Article 8 (Prohibition of Discriminatory Treatment)

(1) An employer shall not give discriminatory treatment to
any fixed-term employee on the ground of his/her employment
status compared with other workers engaged in the same or
similar kinds of work under a non-fixed term labor contract in
the business or workplace concerned.
(2) An employer shall not give discriminatory treatment to
any part-time employee on the ground of his/her employment
status compared with full-time workers engaged in the same or
similar kinds of work in the business or workplace concerned.
Article 9 (Request for Correction of Discriminatory Treatment)
(1) If a fixed-term or part-time employee has received
discriminatory treatment, he/she may file a request for correction
with the Labor Relations Commission under Article 1 of the
Labor Relations Commission Act (hereinafter referred to as
"Labor Relations Commission"): Provided that this shall not
apply if six months have passed since such discriminatory treatment
occurred (since such treatment ended in cases of continuous
discriminatory treatment). <Amended by Act No. 11273, Feb. 1,
2012> <Amended by Act No. 11273, Feb. 1, 2012>
(2) When a fixed-term or part-time employee files a request
for correction pursuant to paragraph (1), he/she shall clearly
state details of the discriminatory treatment.
(3) Necessary matters concerning the procedures for and
methods of filing a request for correction under paragraphs (1)
and (2) shall be separately determined by the National Labor
Relations Commission under Article 2 (1) of the Labor Relations
Commission Act (hereinafter referred to as "National Labor
Relations Commission").
(4) With regard to disputes relating to paragraphs (1) through
(3) and Article 8, the burden of proof shall be placed on employers.
Article 10 (Investigation, Inquiry, etc.)
(1) Upon receiving a request for correction under Article 9,
the Labor Relations Commission shall conduct, without delay, a
necessary investigation and inquiry into the parties concerned.
(2) When the Labor Relations Commission conducts an inquiry

pursuant to paragraph (1), it may have a witness attend the

inquiry at the request of the parties concerned or by virtue of
its authority and ask necessary questions.
(3) In conducting an inquiry pursuant to paragraphs (1) and (2),
the Labor Relations Commission shall give sufficient opportunities
for the parties to present evidence and cross-examine witnesses.
(4) Necessary matters concerning the methods of and procedures
for investigations and inquiries prescribed in paragraphs (1)
through (3) shall be determined by the National Labor Relations
Commission.
(5) A Labor Relations Commission may have expert members
to conduct professional surveys or research on the work of
redressing discrimination. In such cases, necessary matters concerning
the number, qualification requirements and remuneration of such
experts shall be prescribed by the Presidential Decree.
Article 11 (Mediation and Arbitration)
(1) A Labor Relations Commission may commence mediation
procedures at the request of both or either of the parties concerned
or by virtue of its authority during an inquiry prescribed in
Article 10, and may conduct arbitration if the parties concerned
file for arbitration under agreement to follow an arbitration
decision taken by the Labor Relations Commission.
(2) A request for medication or arbitration under paragraph
(1) shall be filed within 14 days of the date on which a request
is made to redress discriminatory treatment pursuant to Article
9: Provided that, a request for mediation or arbitration may be
filed after the 14-day period where the Labor Relations Commission
approves thereon.
(3) The Labor Relations Commission shall sufficiently hear
opinions from the parties concerned when conducting mediation
or arbitration.
(4) The Labor Relations Commission shall present a mediation
proposal or render an arbitration decision within 60 days of
commencing mediation procedures or receiving a request for
arbitration, if there is no special reason.
(5) The Labor Relations Commission shall, if both of the parties
concerned accept a mediation proposal, prepare a mediation statement
and, if an arbitration decision is made, prepare a written arbitration
decision.
(6) A mediation statement shall be signed and sealed by the
parties concerned and all members involved in the mediation,
and a written arbitration decision shall be signed and sealed by
▮▮ 599
4. LABOR STANDARDS
all members involved.

(7) A mediation or arbitration decision under paragraphs (5)
and (6) shall have the same effect as conciliation reached in the
courts in accordance with the Civil Procedure Act.
(8) Matters concerning mediation and arbitration methods,
preparation of a mediation statement or written arbitration
decision, etc., shall be determined by the National Labor Relations
Commission.
Article 12 (Corrective Orders, etc.)
(1) If the Labor Relations Commission judges that the
treatment in question is discriminatory after ending an investigation
and inquiry under Article 10, it shall issue a corrective order to
the employer, and if it judges that the treatment in questions is
not discriminatory, it shall make a decision to dismiss the
request for correction.
(2) A judgment, corrective order or dismissal decision under
paragraph (1) shall be made in writing and delivered to the
respective parties, clearly stating reasons therefor. In such cases,
when issuing a corrective order, the Labor Relations Commission
shall specify details of such corrective order, compliance deadline,
etc.
Article 13 (Contents of Mediation, Arbitration or Corrective Orders)
(1) The contents of mediation or arbitration under Article 11
or of a corrective order under Article 12 may include suspending
discriminatory actions, improving working conditions (including
orders for institutional improvement in employment rules, a
collective agreement, etc.) or making adequate compensation.
<Amended by Act No. 12469, Mar. 18, 2014>
(2) The amount of compensation under paragraph (1) shall
be determined based on the amount of damage caused by the
discriminatory treatment to the fixed-term or part-time employee:
Provided that the employer's discriminatory treatment is deemed
apparently willful or occurs repeatedly, the Labor Relations
Commission may order compensation not exceeding three times
the amount of damage. <Newly Inserted by Act No. 12469, Mar.
18, 2014>
Article 14 (Confirmation of Corrective Orders, etc.)
(1) A party dissatisfied with a corrective order or dismissal
decision rendered by a Regional Labor Relations Commission
may make a request for reexamination to the National Labor

Relations Commission within 10 days of receiving the notice of

the corrective order or dismissal decision.
(2) A party dissatisfied with a decision made by the National
Labor Relations Commission after reexamination pursuant to
paragraph (1) may bring an administrative lawsuit against the
decision within 15 days of receiving the notice of the
reexamination decision.
(3) If no request for reexamination is made within the
period prescribed in paragraph (1) or no administrative lawsuit
is brought within the period prescribed in paragraph (2), the
corrective order, dismissal decision or reexamination decision
shall be confirmed as final.
Article 15 (Demand for Submission of Status Report on Compliance
with Corrective Order)
employer to submit a status report on compliance with a confirmed
corrective order. <Amended by Act No. 10339, Jun. 4, 2010>
(2) If an employer fails to comply with a confirmed
corrective order, the worker who has filed a request for correction
may report the failure to the Minister of Employment and
Article 15-2 (Demand by the Minister of Employment and Labor

for Correction of Discriminatory Treatment)
(1) If an employer gives discriminatory treatment in violation
of Article 8, the Minister of Employment and Labor may demand
correction thereof.
(2) If an employer fails to accept a demand for correction
under paragraph (1), the Minister of Employment and Labor
shall specify the details of the discriminatory treatment and
notify the Labor Relations Commission thereof. In such cases,
the Minister of Employment and Labor shall give a notice of
the fact to the employer and worker concerned.
(3) Upon receiving a notification from the Minister of
Employment and Labor pursuant to paragraph (2), the Labor
Relations Commission shall examine, without delay, whether
there is any discriminatory treatment. In such cases, the Labor
Relations Commission shall give the employer and worker
concerned an opportunity to state their opinions.
(4) The provisions of Article 9 (4) and Articles 11 through
15 shall apply mutatis mutandis with regard to examinations by
▮▮ 601
4. LABOR STANDARDS
the Labor Relations Commission and other correction procedures

under paragraph (3). In such cases, "the date on which a
request for correction is made" shall be read as "the date on
which a notification is received", "dismissal decision" as "decision
that there is no discriminatory treatment", "the parties concerned"
as "the employer or worker concerned", and "the worker who
has filed a request for correction" as "the worker concerned."
(5) Matters concerning examinations by the Labor Relations
Commission, etc. under paragraphs (3) and (4) shall be determined
by the National Labor Relations Commission.
Article 15-3 (Expansion of Effect of Confirmed Corrective Orders)
(1) The Minister of Employment and Labor may investigate
whether the business or workplace of an employer who is
obligated to comply with a corrective order confirmed under Article
14 (including cases to which it shall apply mutatis mutandis
pursuant to Article 15-2 (4)) gives discriminatory treatment to any
fixed-term or part-time employee other than workers affected by
the corrective order, and if there is any discriminatory treatment,
may demand correction thereof.
(2) If an employer fails to comply with a demand for
correction under paragraph (1), Article 15-2 (2) through (5) shall
apply mutatis mutandis thereto.
CHAPTER Ⅴ
Article 16 (Prohibition of Unfavorable Treatment)

An employer shall not dismiss or give any other unfavorable
treatment to a fixed-term or part-time employee on the ground
that he/she has committed any of the following acts:
1. Refusing the employer's unfair demand for overtime work
2. Filing a request for correction of discriminatory treatment
under Article 9, attending and making a statement at a
Labor Relations Commission under Article 10 or making a
request for reexamination or bringing an administrative
lawsuit under Article 14;

3. Reporting a failure to comply with a corrective order

4. Giving notification under Article 18.
Article 17 (Written Statement of Working Conditions)
When an employer makes a labor contract with a fixed-term
or part-time employee, he/she shall clearly state in writing all
of the following matters: Provided that subparagraph 6 shall
apply only to part-time workers.
1. Matters concerning the contract period;
2. Matters concerning working hours and rest hours;
3. Matters concerning components, calculation and payment
methods of wages;
4. Matters concerning holidays and leave;
5. Matters concerning the place of work and jobs to do;
6. Work days and working hours per work day
Article 18 (Notification to Inspection Agency)
If any violation of this Act or an order issued under this
Act occurs in a business or workplace, any of its worker may
notify the Minister of Employment and Labor or a labor
inspector of the violation. <Amended by Act No. 10339, Jun. 4, 2010>
Part of the authority of the Minister of Employment and Labor
under this Act may be delegated to the heads of local employment
and labor offices as prescribed by the Presidential Decree.
Article 20 (Efforts of State, etc., for Employment Promotion)
The State and local governments shall make efforts to
preferentially take necessary measures, such as providing
employment information, vocational guidance, job placement
services, vocational skills development services, etc., to promote
the employment of fixed-term and part-time employees.
CHAPTER Ⅵ
Penal Provisions
▮▮ 603
4. LABOR STANDARDS
A person who gives unfavorable treatment to a worker in

violation of Article 16 shall be punished by imprisonment of up
to two years or a fine not exceeding 10 million won.
A person who makes a part-time employee do overtime
work in violation of Article 6 (1) shall be punished by a fine
If an agent, a servant or any other employee of an
employer commits any of the offences under Articles 21 and 22
relating to the employer's business , not only shall the offender
be punished, but the employer shall also be punished by the
fine prescribed in the respective Articles.
(1) A person who fails to comply with a corrective order
confirmed under Article 14 (including cases to which it shall
apply mutatis mutandis pursuant to Articles 15-2 (4) and 15-3
(2)) without any justifiable reason shall be punished by a fine
for negligence not exceeding 100 million won. <Amended by Act
No. 11273, Feb. 1, 2012 and Act No. 12469, Mar. 18, 2014>
million won: <Amended by Act No. 10339, Jun. 4, 2010; Act No.
11273, Feb. 1, 2012; and Act No. 12469, Mar. 18, 2014>
1. A person who fails to comply with a request of the
Minister of Employment and Labor to submit a status
report without any justifiable reason in violation of Article
15 (1) (including cases to which it shall apply mutatis
mutandis pursuant to Articles 15-2 (4) and 15-3 (2));
2. A person who fails to clearly state in writing working
conditions in violation of Article 17.
(3) A fine for negligence under paragraphs (1) and (2) shall
No. 10339, Jun. 4, 2010>
fine for negligence under paragraph (3) may raise an objection
against the Minister of Employment and Labor within 30 days
of receiving the notice of the fine for negligence. <Amended by
Act No. 10339, Jun. 4, 2010>

(5) When a person subject to a fine for negligence under

paragraph (3) raises an objection pursuant to paragraph (4), the
Minister of Employment and Labor shall notify without delay
the competent court thereof, and the competent court so notified
shall try the case of a fine for negligence in accordance with
the Non-contentious Case Litigation Procedure Act. <Amended by
Act No. 10339, Jun. 4, 2010>
(6) If neither an objection is raised nor the fine for
negligence is paid within the period stipulated in paragraph (4),
the fine for negligence shall be collected according to the
process of recovery of national taxes in arrears.
Addenda <Act No. 8372, Apr. 11, 2007; Revision of the Labor
Standards Act>

This Act shall enter into force on the date of its promulgationn:
Provided that.....omitted.....the amended provision of Article 16
(9) of the Addenda shall enter into force on July 1, 2007.
Articles 2 through 15 Omitted
(9) Part of the Act on the Protection, etc. of Fixed-term and
Part-time Employees shall be revised as follows:
"Article 21" in subparagraph 2 of Article 2 shall be changed
to "Article 2".
"Article 20" in the former part of Article 6 (1) shall be
changed to "Article 2"
(10) through (24) Omitted
Article 17 Omitted.

This Act shall enter into force one month after its
Articles 2 and 3 Omitted
▮▮ 605
4. LABOR STANDARDS

(32) Part of the Act on the Protection, etc. of Fixed-term
and Part-time Employees shall be revised as follows:
"Minister of Labor" in Article 15 (1) and (2), Article 18,
Article 19 and Article 24 (2) 1 and (3) through (5) shall be
"Local labor offices" in Article 19 shall be changed to "local
employment and labor offices".
(33) through (82) Omitted
Article 5 Omitted

Article 2 (Applicability concerning Request for Correction of
Discriminatory Treatment)
The amended provisions of Article 9 (1) shall apply to cases
where a request for correction of discriminatory treatment is
made after this Act enters into force.

Article 2 (Applicability concerning Overtime Work)
where overtime work is done for the first time after this Act
enters into force.
Article 3 (Applicability concerning Order for Compensation)
discriminatory treatment which occurs for the first time after

ENFORCEMENT DECREE OF THE ACT ON THE PROTECTION, ETC. OF FIXED-TERM AND PART-TIME EMPLOYEES
ENFORCEMENT DECREE OF THE ACT ON THE PROTECTION,

ETC. OF FIXED-TERM AND PART-TIME EMPLOYEES
Amended by Presidential Decree No. 21835, Nov. 20, 2009

Article 1 (Purpose)
by the Act on the Protection, etc. of Fixed-term and Part-time
Employees and those necessary for the enforcement thereof.
Pursuant to Article 3 (2) of the Act on the Protection, etc.
of Fixed-term and Part-time Employees (hereinafter referred to
as “the Act"), provisions applicable to businesses or workplaces
ordinarily employing four or fewer workers are specified in the
attached Table 1.
Article 3 (Exceptions to Limit on Employment Period of Fixed-term
Employees)
(1) " Cases prescribed by the Presidential Decree, where the
job requires professional knowledge and skills" in Article 4 (1) 5
of the Act refers to any of the following cases:
1. Where a person holding a doctoral degree (including
doctoral degrees earned in a foreign country) is engaged
in the relevant field;
2. Where a person holding a national technical qualification
of technician grade under Article 9 (1) 1 of the National
Technical Qualifications Act is engaged in the relevant
field;
3. Where a person holding a professional qualification specified
in the attached Table 2 is engaged in the relevant field.
(2) "Cases prescribed by the Presidential Decree, where the
job is offered as part of the government's welfare or unemployment
▮▮ 607
4. LABOR STANDARDS
measures" in Article 4 (1) 5 of the Act refers to any of the

following cases: <Amended by Presidential Decree No. 21928,
Dec. 30, 2009>
1. Where jobs are provided to develop the vocational skills
of the general public, promote their employment, offer
socially necessary services and so on in accordance with
other Acts and subordinate statutes, such as the Framework
Act on Employment Policy and the Employment Insurance
Act, etc.;
2. Where jobs are provided to promote the employment of
discharged soldiers and stabilize their livelihoods pursuant
to Article 3 of the Support for Discharged Soldiers Act;
3. Where welfare assistance workers, such as patriot and
veteran helpers, etc., are in service to improve the welfare
of national meritorious persons and stabilize their livelihoods
pursuant to Article 19 (2) of the Basic Act on the National
Merit Reward.
(3) "Cases prescribed by the Presidential Decree" in Article 4
(1) 6 of the Act refers to any of the following cases: <Amended
by Presidential Decree No. 22018, Feb. 4, 2010 and Presidential Decree
No. 22269, Jul. 12, 2010>
1. Where other Acts and subordinate statues provide for an
employment period of fixed-term workers different from
the period under Article 4 (1) of the Act or allow a labor
contract in which the employment period of fixed-term
workers is separately prescribed to be made;
2. Where a person with military knowledge or skills recognized
by the Minister of Defense is engaged in the relevant
field or where a person teaches national security and military
science in a university pursuant to subparagraph 1 of
Article 2 of the Higher Education Act;
3. Where a person with exceptional experience is engaged in
work related to national security, national defense, diplomacy
or unification;
4. Where a person is engaged in work specified in any of
the following items in a school under Article 2 of the
Higher Education Act (including graduate schools under
Article 30 of the same Act):
A. Work of a teaching assistant under Article 14 of the
Higher Education Act; and
B. Work of an adjunct teacher, professor emeritus, part-time
instructor, visiting teacher, etc., under Article 7 of the

Enforcement Decree of the Higher Education Act.

5. Where the earned income (referring to the average annual
earned income of the past two years) under Article 20 (1)
of the Income Tax Act of a person engaged in an occupation
falling into category 1 and 2 of the Korean Standard
Classification of Occupations announced pursuant to Article
22 of the Statistics Act falls within the highest 25% of the
earned incomes of persons engaged in occupations in
category 2 of the Korean Standard Classification of
Occupations in the latest survey on labor conditions by
employment type conducted by the Minister of Employment
and Labor;
6. Where a part-time worker whose contractual working hours
a week under Article 18 (3) of the Labor Standards Act
is evidently short is employed;
7. Where a person is engaged in the work of a sports player
under subparagraph 4 of Article 2 of the National Sports
Promotion Act and of a sports instructor under subparagraph
6 of the same Article;
8. Where a person is directly engaged in research work or
directly involved in research work as an assistant, such
as by carrying out an experiment, a survey, etc., in any
of the following research institutions:
A. National or public research institutions;
B. Government-invested research institutions established
under the Act on the Establishment, Operation and
Fosterage of Government-Invested Research Institutions
and the Act on the Establishment, Operation and Fosterage
of Government-Invested Science and Technology Research
Institutions;
C. Specific research institutions under the Support of
Specific Research Institution Act;
D. Research institutions established under the Act on the
Establishment and Operation of Local Government-Invested
Research Institutes;
E. Public institution-affiliated research institutions under
the Act on the Management of Public Institutions;
F. Company- or university-affiliated research institutions;
G. Research institutions which are a corporation established
under the Civil Act or any other Act.
Article 4 (Number, Qualification Requirements, etc., of Expert Members)
(1) The number of expert members a Labor Relations Commission
▮▮ 609
4. LABOR STANDARDS
(hereinafter referred to as "Labor Relations Commission") under

Article 2 (1)　of the Labor Relations Commission Act may have
pursuant to Article 10 (5) of the Act shall be not more than ten.
(2) The expert members under paragraph (1) shall be
appointed by the chairperson of the National Labor Relations
Commission (hereinafter referred to as "National Labor Relations
Commission") under Article 2 (1) of the Labor Relations
Commission Act from among those holding a doctoral degree in
academic fields related to labor affairs, such as law, business
administration and economics, etc., and those holding a related
qualification, such as lawyers, certified public accountants and
certified labor affairs consultants, etc.
(3) Matters concerning the remuneration of expert members
referred to in paragraph (1) shall be separately determined by
the National Labor Relations Commission, and the Standard
Annual Pay by Grade for Fixed-Term Public Officials in Table
34 of the Public Officials Remuneration Regulations shall apply
mutatis mutandis thereto. <Amended by Presidential Decree No.
24852, Nov. 20, 2013>
Pursuant to Article 19 of the Act, the Minister of Employment
and Labor shall delegate the authority specified in any of the
labor offices: <Amended by Presidential Decree No. 22269, Jul. 12, 2010
and Presidential Decree No. 23852, Jun. 12, 2012>
1. Demand for submission of a status report on compliance
with a confirmed corrective order under Article 15 (1) of
the Act (including cases to which it shall apply mutatis
mutandis pursuant to Articles 15-2 (4) and 15-3(2) of the
Act);
2. Receipt of a report of noncompliance with a confirmed
corrective order under Article 15 (2) of the Act (including
cases to which it shall apply mutatis mutandis pursuant
to Articles 15-2 (4) and 15-3 (2) of the Act);
2-2. Demand for correction of discriminatory treatment under
Articles 15-2 (1) and 15-3 (1) of the Act and notification
and notice of discriminatory treatment under Article 15-2
(2) of the Act (including cases to which it shall apply
mutatis mutandis pursuant to Article 15-3 (2) of the Act);


The Labor Relations Commission may manage data containing
Decree of the Personal Information Protection Act, if it is
inevitable in order to perform the following duties:
1. Duties concerning requests for correction of discriminatory
treatment against fixed-term and part-time employees
2. Duties concerning mediation and arbitration over requests
for correction of discriminatory treatment against fixed-term
and part-time employees under Article 11 of the Act; and
3. Duties concerning reexamination of orders to correct
discriminatory treatment against fixed-term and part-time
employees or of dismissal decisions under Article 14 of
the Act.
Jan. 6, 2012>
Article 24 (1) and (2) are provided for in Table 3.
<This Article Wholly Amended by Presidential Decree No. 22797, Mar.
30, 2011>

that the enforcement date of Table 3 (limited to subparagraphs
1 and 2) shall be as follows according to types of businesses or
workplaces (referring to businesses or workplaces of using
employers; hereinafter the same shall apply.):
1. Businesses or workplaces ordinarily employing 300 or more
workers: July 1, 2007
2. State and local government agencies; institutions designated
as public enterprises, quasi-government agencies and other
public institutions under Article 5 of the Act on the
Operation of Public Institutions, and meeting the requirements
for government-affiliated institutions under Article 3 of
the Framework Act on the Management of Government-
Affiliated Institutions and the requirements for government-
invested institutions under Article 2 of the Framework Act
▮▮ 611
4. LABOR STANDARDS
on the Management of Government-Invested Institutions

rescinded pursuant to Article 2 of the Addenda of the
Act on the Operation of Public Institutions amended by
Act no. 8258; local public enterprises and local pubic
corporations under Articles 49 and 76 of the Local Public
Enterprises Act; government-invested research institutions
and research societies under Article 2 of the Act on the
Establishment, Operation and Fosterage of Government-Invested
Research Institutions and Article 2 of the Act on the
Establishment, Operation and Fosterage of Government-Invested
Science and Technology Research Institutions; and university
hospitals under the Act on the Establishment of National
University-Affiliated Hospitals: July 1, 2007
3. Businesses or workplaces ordinarily employing 100 or more
but less than 300 workers: July 1, 2008
4. Businesses or workplaces ordinarily employing less than 100
workers: July 1, 2009.
Addenda <Presidential Decree No. 22018, Feb. 4, 2010>

The amended provisions of Article 3 (3) 4, 5 and 8 shall
apply to cases where a labor contract is concluded or renewed
or the period of an existing labor contract is extended after this

(47) Parts of the Act on the Protection, etc., of Fixed-Term
and Part-Time Employees shall be revised as follows:
“Minister of Labor" in Article 3 (3) 5, parts other than each
subparagraph of Article 5, Article 6 (2) and subparagraph 2 in
the offence column of Table 3 shall be changed to "Minister of


of Article 5 shall be changed to "local employment and labor
offices".


negligence to offences committed before this Decree enters into
(2) The imposition of fines for negligence for offences
included in calculating the number of offences under the
amended provisions of Table 3.


promulgation. <proviso omitted>
Article 2 Omitted.
Addenda <Presidential Decree No. 24852, Nov. 20, 2013; Revision of

the Decree on the Appointment of Public Officials>

▮▮ 613
4. LABOR STANDARDS

(20) Parts of the Act on the Protection, etc., of Fixed-Term
and Part-Time Employees shall be revised as follows:
"Standard Annual Pay by Grade for Contract Public Officials
in Table 34 of the Public Officials Remuneration Regulations" in
Article 4 (3) shall be changed to "Standard Annual Pay by
Grade for Fixed-Term Public Officials in Table 34 of the Public
Officials Remuneration Regulations".
Article 9 Omitted.

[Table 1]
Provisions Applicable to Businesses or Workplaces Ordinarily

Employing Four Workers or Less
Chapter Applicable Provisions of the Act
Chapter I Article 1
General Provisions Article 2
Chapter II
Fixed-term Article 5
Employees
Chapter III
Article 7
Part-time Employees
subparagraph 4 of Article 16
Chapter V subparagraphs 1, 2 (limited to matters concerning recess
Supplementary hours), 3, 4 (limited to matters concerning holidays), and
Provisions 5 of the Article 17
Articles 18 through 20
Article 21
Chapter VI Article 23
Penal Provisions Article 24 (2) 2
Article 24 (3) through (6)
▮▮ 615
4. LABOR STANDARDS
[Table 2] <Amended on Nov. 20, 2009>
Types of Professional Qualifications(relating to Article 3 (1) 3)
1. Certified architect under Article 7 of the Certified Architect Act

2. Certified labor affairs consultant under Article 3 of the Certified Labor
Affairs Consultant Act
3. Certified public accountant under Article 3 of the Certified Public
Accountant Act
4. Licensed customs broker under Article 4 of the Licensed Customs
Broker Act
5. Patent attorney under Article 3 of the Patent Attorney Act
6. Attorney-at-law under Article 4 of the Attorney-at-Law Act
7. Certified insurance actuary under Article 182 of the Insurance Business
Act
8. Certified damage adjuster under Article 186 of the Insurance Business
Act
9. Certified public appraiser under Article 23 of the Public Notice of
Values and Appraisal of Real Estate Act
10. Veterinarian under subparagraph 1 of Article 2 of the Veterinarian Act
11. Certified tax accountant under Article 3 of the Certified Tax Accountant
Act
12. Pharmacist under Article 3 of the Pharmaceutical Affairs Act
13. Herb pharmacist under Article 4 of the Pharmaceutical Affairs Act
14. Herb druggist under Article 45 of the Pharmaceutical Affairs Act
15. Herbal medicine dispenser under Article 2 of the Addenda of the
Enforcement Decree of the Pharmaceutical Affairs Act amended by
Presidential Decree no. 14319
16. Medical doctor under Article 5 of the Medical Service Act
17. Dentist under Article 5 of the Medical Service Act
18. Oriental medical doctor under Article 5 of the Medical Service Act
19. Business management consultant under Article 46 of the Small and
Medium Enterprises Promotion Act
20. Technology consultant under Article 46 of the Small and Medium
Enterprises Promotion Act
21. Commercial pilot under Article 26 of the Aviation Act
22. Airline transport pilot under Article 26 of the Aviation Act
23. Air traffic controller under Article 26 of the Aviation Act
24. Flight engineer under Article 26 of the Aviation Act
25. Flight navigator under Article 26 of the Aviation Act


(Related to Article 6)
1. General criteria
A. The criteria for the imposition of fines for negligence according to

the number of offences shall apply to cases where a fine for
negligence has been imposed for the same offence in the past two
years. In such cases, the number of offences shall be calculated
based on the date on which a fine for negligence was imposed for
the relevant offence and the date on which the same offence was
found again.
B. The Minister of Employment and Labor may, if an offender falls
under any of the following conditions, reduce the amount of fine
for negligence under subparagraph 2 by up to half: Provided that
this shall not apply to offenders who delay payment of a fine for
negligence.
1) Where the offender falls under any of the subparagraphs of Article
2-2 (1) of the Enforcement Decree of the Act on the Regulation of
Violations of Public Order;
loss to property due to a natural disaster, fire, etc., or facing a
serious crisis due to worsening business conditions;
3) Where the offence is deemed to have been caused by a mistake,
such as minor carelessness or error, etc.;
4) Where the offender has corrected or resolved the consequences of
his/her offence; and
fine for negligence in consideration of the degree of the offence, the
motive and consequences of the offence, etc.
▮▮ 617
4. LABOR STANDARDS

(10,000 won)
Relevant
Offence 3rd and
provision 1st 2nd
subsequent
offence offence
offences
A. Where a person fails to comply with
a corrective order confirmed under Article 24
Article 14 of the Act (including cases (1) of the
to which it applies mutatis mutandis Act
pursuant to Articles 15-2 (4) and 15-3
(2)) without any justifiable reasons
1) Where a person fails to comply with The ordered The ordered The ordered
a corrective order requiring monetary amount of amount of amount of
compensation monetary monetary monetary
compen- compen- compen-
sation not sation not sation not
exceeding 100 exceeding 100 exceeding 100
million KRW million KRW million KRW
2) Where a person fails to comply 500 1000 2000
with a corrective order to redress
discrimination in working conditions,
such as working hours, holidays
and leave, etc.
3) Where a person fails to comply with 500 1000 2000
a corrective order to redress
discrimination in the use of facilities,
etc.
B. Where a person fails to comply with a 200 400 500
request of the Minister of Employment
and Labor to submit a status report
on compliance without any justifiable Article 24
reasons, in violation of Article 15 (1) (2) 1 of
of the Act (including cases to which the Act
it applies mutatis mutandis pursuant
to Articles 15-2 (4) and 15-3 (2))
C. Where a person fails to specify working Article 24

conditions in writing in violation of (2) 2 of
Article 17 of the Act the Act
1) Where a person fails to specify the 50 100 200
matters referred to in subparagraph (for each (for each (for each
1, 3 or 6 of Article 17 of the Act violation of violation of violation of
each each each
subpara- subpara- subpara-
graph) graph) graph)
2) Where a person fails to specify the 30 60 120
matters referred to in subparagraph (for each (for each (for each
2, 4 or 5 of Article 17 of the Act violation of violation of violation of
each each each
subpara- subpara- subpara-
graph) graph) graph)

EMPLOYEE RETIREMENT BENEFIT SECURITY ACT

Act No. 7379, Jan. 27, 2005
Amended by Act No. 7636, Jul. 29, 2005

Act No. 8372, Apr. 11, 2007
Act No. 8635, Aug. 3, 2007
Act No. 8863, Feb. 29, 2008
Act No. 9039, Mar. 28, 2008
Act No. 10303, May 17, 2010
Act No. 10339, Jun. 4, 2010
Act No. 10366, Jun. 10, 2010
Wholly Amended by Act No. 10967, Jul. 25, 2011
CHAPTER Ⅰ
General Provisions
Article 1 (Purpose)
The purpose of this Act is to contribute to securing workers'
stable livelihoods for workers in their old age through stipulation
of matters needed to establish and operate a retirement benefit
scheme for workers.
The meanings of the terms used in this Act are as follows :
1. "Worker" refers to a worker under Article 2 (1) 1 of the
Labor Standards Act;
2. "Employer" refers to an employer under Article 2 (1) 2 of
the Labor Standards Act;
3. "Wages" refers to wages under Article 2 (1) 5 of the Labor
Standards Act;
4. "Average wages" refers to average wages under Article 2
(1) 6 of the Labor Standards Act;
5. "Benefits" refers to an annuity or lump sum paid to workers
under a retirement benefit scheme or an individual retirement
pension plan under Article 25;
6. "Retirement benefit scheme" refers to a defined benefit
retirement pension plan, a defined contribution retirement
pension plan or a retirement pay system under Article 8;
7. "Retirement pension plan" refers to a defined benefit
▮▮ 619
4. LABOR STANDARDS
retirement pension plan, a defined contribution retirement

pension plan or an individual retirement pension plan;
8. "Defined benefit retirement pension plan" refers to a
retirement pension plan under which the level of benefits
a worker will receive is predetermined;
9. "Defined contribution retirement pension plan" refers to a
retirement pension plan under which the level of
contributions an employer should make to pay benefits is
predetermined;
10. "Individual retirement pension plan" refers to a retirement
pension plan set up to deposit and manage a lump-sum
amount paid by a pension holder according to his/her
choice or contributions paid by an employer or a
pension holder and under which the level of benefits or
the level of contributions is not defined;
11. "Pension holder" refers to a worker who has joined a
retirement pension plan;
12. "Reserve" refers to money accumulated with contributions
paid by an employer or a pension holder in order to
pay benefits when there occurs a ground for the payment,
such as retirement of the pension holder, etc.; and
13. "Retirement pension trustee" refers to a person registered
to carry out operational management services and asset
management services for retirement pension plans pursuant
to Article 26.
This Act shall apply to all businesses or workplaces (hereinafter
referred to as "businesses") employing workers: Provided that
this shall not apply to businesses employing only relatives living
together with their employer and to employment activities
within households.
CHAPTER II
Establishment of a Retirement Benefit Scheme
Article 4 (Establishment of a Retirement Benefit Scheme)
(1) An employer shall set up at least one retirement benefit
scheme in order to pay benefits to workers after they retire:

Provided that this shall not apply to workers whose consecutive

service period is less than one year and workers whose average
weekly working hours over a four-week period is less than 15 hours.
(2) If a retirement benefit scheme is set up pursuant to
paragraph (1), no differentiation shall be made within the same
business with regard to the application, etc., of the methods of
calculating benefits and contributions.
(3) If an employer intends to set up a retirement benefit
scheme or change an established retirement benefit scheme into
a different one, he/she shall, if there is a trade union joined by
a majority of workers, receive the consent of the trade union,
and if there is no such trade union, receive the consent of the majority
of workers (hereinafter referred to as "workers' representative").
(4) If an employer intends to change the details of a retirement
benefit scheme established or changed pursuant to paragraph
(3), he/she shall hear opinions from the workers' representative:
Provided that if the employer intends to make a change unfavorable
to workers, he/she shall receive the consent of the workers'
representative.
Article 5 (Retirement Benefit Scheme for Newly-Established Businesses)
The employer of a business newly established (excluding
mergers or splits) after the enforcement date of the Employee
Retirement Benefit Security Act as wholly amended by Act No.
10967 shall set up a defined benefit retirement pension plan or
defined contribution retirement pension plan after hearing opinions
from the workers' representative within one year after the
establishment of the business.
Article 6 (Establishment of Two or More Retirement Pension Plans
for Pension Holders)
(1) If an employer sets up both a defined benefit retirement
pension plan and a defined contribution retirement pension plan
for pension holders, the level of benefits under the defined benefit
retirement pension plan and the level of contributions under the
defined contribution retirement pension plan shall be as follows,
notwithstanding Article 15 and Article 20 (1):
1. Benefits under the defined benefit retirement pension plan :
an amount produced by multiplying the level of benefits
under Article 15 by the ratio prescribed by the defined
benefit retirement pension rules;
2. Contributions under the defined contribution retirement
pension plan : an amount produced by multiplying the
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level of contributions under Article 20 (1) by the ratio

prescribed by the defined contribution retirement pension rules.
(2) The employer shall establish the retirement pension rules
in a way to make the sum of each ratio under paragraph (1) 1
and 2 equal to or larger than one, and set up the retirement
pension plans accordingly.
Article 7 (Protection of Right to Receive Benefits)
(1) The right to receive benefits under a retirement pension
plan shall neither be transferred to others nor offered as collateral.
(2) Notwithstanding paragraph (1), if the reasons and conditions
prescribed by Presidential Decree, such as for the purpose of a
housing purchase, are met, the right to receive benefits under a
retirement pension plan may be offered as collateral to the extent
prescribed by Presidential Decree. In such cases, a retirement
pension trustee registered pursuant to Article 26 shall cooperate
to ensure that loans can be borrowed against provided benefits.
Article 8 (Establishment, etc., of retirement pay System)
(1) An employer who intends to set up a retirement pay
system shall set up the system so that it is possible to pay a
retiring worker 30 days or more of the average wages for each
year of his/her consecutive service as retirement pay.
(2) Notwithstanding paragraph (1), an employer may, if a
worker requests the payment for any of the reasons prescribed
by Presidential Decree, such as for a housing purchase, etc., pay
the worker the amount of retirement pay corresponding to his/her
consecutive service period earlier than his/her retirement. In
such cases, the consecutive service period to be used for the
calculation of the amount of retirement pay accumulated thereafter
shall be reckoned anew from the time when the balances are settled.
Article 9 (Payment of retirement pay)
If a worker retires, the employer shall pay retirement pay to
the worker within 14 days from the date on which there occurs
a cause for the payment: Provided that in special circumstances,
the date of payment may be put off upon agreement between
the parties concerned.
Article 10 (Extinctive Prescription of Retirement Pay)
If the right to receive retirement pay under this Act has not
been exercised for three years, it shall be extinguished by extinctive
prescription.

Article 11 (Non-establishment of a Retirement Benefit Scheme)

Notwithstanding the main sentence of Article 4 (1) and
Article 5, if an employer fails to establish a retirement benefit
scheme or an individual retirement pension plan under Article
25 (1), he/she shall be deemed to have established a retirement
pay system under Article 8 (1).
Article 12 (Preferential Payment of Retirement Benefits, etc.)
(1) retirement pay an employer is obligated to pay, benefits
under a defined benefit retirement pension plan under Article
15, unpaid contributions and interest on unpaid contributions out
of contributions under a defined contribution retirement pension
plan under Article 20 (3), unpaid contributions and interest on
unpaid contributions out of contributions under an individual
retirement pension plan under Article 25 (2) 4 (hereinafter referred
to as "retirement benefits, etc.") shall be paid in preference to
taxes, public utility charges and other claims, except for claims
secured by pledges or mortgages on the whole property of an
employer: Provided that this shall not apply to taxes and public
utility charges taking precedence over pledges or mortgages.
(2) Notwithstanding paragraph (1), retirement benefits, etc.,
for the final three years of service shall be paid in preference
to claims secured by pledges or mortgages on the whole property
of an employer, taxes, public utility charges and other claims.
(3) Among retirement benefits, etc., retirement pay and benefits
under a defined benefit retirement pension plan under Article
15 shall be an amount equal to 30 days of average wages for
each year of consecutive service.
(4) Among retirement benefits, etc., contributions under a
defined contribution retirement pension plan under Article 20
(1) and contributions under an individual retirement pension
plan under Article 25 (2) 2 shall be an amount equal to one
twelfth of the total annual wages of a pension holder.
CHAPTER Ⅲ
Defined Benefit Retirement Pension Plan
Article 13 (Establishment of a Defined Benefit Retirement Pension

Plan)
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An employer who intends to set up a defined benefit retirement

pension plan shall prepare defined benefit retirement pension
rules containing the following matters after obtaining the consent
of, or hearing opinions from, the workers' representative, pursuant
to Article 4 (3) or Article 5, and report them to the Minister of
Employment and Labor:
1. Matters concerning the selection of a retirement pension
trustee;
2. Matters concerning pension holders;
3. Matters concerning a period of contribution;
4. Matters concerning the level of benefits;
5. Matters concerning the securing of the ability to pay benefits;
6. Matters concerning types of benefits and eligibility requirements
for recipients, etc.;
7. Matters concerning the conclusion and termination of a
contract to carry out operational management services under
Article 28 and asset management services under Article
29 and the transfer of the contract following its termination;
8. Matters concerning the notification of the current status of
retirement funds;
9. Matters concerning the occurrence of a cause for the payment
of benefits, such as the retirement of a pension holder,
and procedures for the payment of benefits;
10. Matters concerning reasons and procedures, etc., for the
abolition and suspension of a retirement pension plan;
11. Other matters prescribed by Presidential Decree to operate
a defined benefit retirement pension plan.
Article 14 (Contribution Period)
(1) The period of contribution under subparagraph 3 of
Article 13 shall be the period of work in the business concerned
after the establishment of the retirement pension plan.
(2) The period of work before the establishment of the
retirement pension plan concerned may be included in the period
of contribution. In such cases, the period of work for which
retirement pay has already been paid pursuant to Article 8 (2)
shall be excluded.
Article 15 (Level of Benefits)
The level of benefits under subparagraph 4 of Article 13
shall be set in a way that ensures that the amount of lump-sum
benefits calculated based on the retirement date of a pension
holder is equal to or higher than 30 days of the average wages
for each year of his/her consecutive service.

Article 16 (Securing of Ability to Pay Benefits, etc.)

(1) An employer who has set up a defined benefit retirement
pension plan shall accumulate as reserves the amount (hereinafter
referred to as "minimum reserves") calculated by multiplying
whichever is higher between the following amounts at the end
of every business year (hereinafter referred to as "standard
liability reserves") by the ratio prescribed by Presidential Decree
and not less than 60/100, in order to secure his/her ability to
pay benefits: Provided that if the period of work in the relevant
business before the establishment of the retirement pension plan
is included in the period of contribution pursuant to Article 14
(2), the ratio prescribed by Presidential Decree shall be followed:
1. The amount calculated in accordance with the method
prescribed by Ordinance of the Ministry of Employment
and Labor and obtained by subtracting the present value
of estimated revenues from contributions to be paid over
the future period of work from the present value of
estimated expenses required to pay the amount of benefits
corresponding to the contribution period until the time
when a pension holder is expected to retire, which is
calculated as of the last day of every business year;
2. The estimated amount required to pay the amount of
benefits corresponding to the contribution period until the
last day of the relevant business year of a person who is
or was a pension holder, and calculated in accordance
with the method prescribed by Ordinance of the Ministry
(2) A retirement pension trustee that carries out operational
management services for a defined benefit retirement pension
plan shall check if the amount of reserves calculated is above
the minimum reserves as prescribed by Ordinance of the
Ministry of Employment and Labor, and inform the employer of
the results as prescribed by Presidential Decree within six
months after the end of every business year: Provided that if
the amount is below the amount of minimum reserves, the
workers' representative as well shall be informed of the results.
(3) If as a result of checking pursuant to paragraph (2), the
amount of reserves has been found to fall short of the level
prescribed by Presidential Decree, the employer shall remove
the shortfall in the reserves as prescribed by Presidential Decree.
(4) If as a result of checking pursuant to paragraph (2), the
amount of reserves at the end of every business year has been
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found to exceed the amount of standard liability reserves, the

employer may use the surplus to offset future contributions,
and if the amount of reserves at the end of every business year
exceeds 150/100 of the amount of standard liability reserves and
the employer demands a return of the surplus, the retirement
pension trustee may return the surplus to the employer.
Article 17 (Types of Benefits and Eligibility Requirements for Recipients,
etc.)
(1) Benefits under a defined benefit retirement pension plan
shall take the form of either an annuity or a lump-sum payment,
with the eligibility requirements for recipients as follows:
1. Annuities shall be paid to persons aged 55 and above,
whose contribution period is ten years or more. In such
cases, the payment period shall be five years or more; and
2. Lump-sum benefits shall be paid to pension holders who
fail to meet the eligibility requirements to receive annuities
or who wish to receive lump-sum benefits.
(2) An employer shall have the retirement pension trustee
pay a pension holder the full amount of benefits (the amount
calculated in proportion to the ratio of the amount obtained
under Article 16 (1) 2 to the amount of reserves in the cases
prescribed by Presidential Decree, such as business bankruptcy,
etc.) he/she is obligated to pay and within the limits of the
reserves within fourteen days from the date on which there
occurs a cause for the payment of benefits under paragraph (1),
such as retirement of the pension holder: Provided that in
special circumstances, such as when assets in which the reserves
of a retirement pension plan are invested are not sold in a
short period of time, the payment date may be extended under
agreement among employer, pension holder and the retirement
pension trustee.
(3) If the level of benefits paid by a retirement pension trustee
pursuant to paragraph (2) falls short of the level of benefits
under Article 15, the employer shall pay the shortfall to the
relevant worker within fourteen days from the date on which
there occurs a cause for the payment of benefits. In special
circumstances, the payment date may be extended upon agreement
between the parties concerned.
(4) A payment of benefits under paragraphs (2) and (3) shall
be made by transferring benefits to the individual retirement
pension plan account designated by the pension holder: Provided
that this shall not apply if there occurs any of the reasons as

prescribed by Presidential Decree, such as when the pension

holder retires after the age of 55 and receives benefits.
(5) If a pension holder fails to designate an individual retirement
pension plan account pursuant to paragraph (4), the benefits
shall be transferred to a specified account operated by the
relevant retirement pension trustee. In such cases, the pension
holder shall be deemed to have set up an individual retirement
pension plan with the retirement pension trustee.
Article 18 (Notification of Current State of Operation)
A retirement pension trustee shall inform pension holders of
the amount of reserves and rate of return on reserve funds at
least once every year as prescribed by Ordinance of the
CHAPTER IV
Defined Contribution Retirement Pension Plan
Article 19 (Establishment of a Defined Contribution Retirement Pension
Plan)
(1) An employer who intends to set up a defined contribution
retirement pension plan shall prepare defined contribution
retirement pension rules that address the following matters after
obtaining the consent of, or hearing opinions from, the workers'
representative, pursuant to Article 4 (3) or Article 5, and report
them to the Minister of Employment and Labor:
1. Matters concerning the allocation of contributions;
2. Matters concerning the payment of contributions;
3. Matters concerning the management of reserves;
4. Matters concerning the methods of managing reserves, the
provision of information, etc.;
5. Matters concerning early withdrawal;
6. Matters relating to subparagraphs 1 through 3 and 6 through
10 of Article 13;
7. Other matters prescribed by Presidential Decree for operation
of a defined contribution retirement pension plan.
(2) Where the defined contribution retirement pension plan
is set up according to paragraph (1), the following articles shall
apply mutatis mutandis: Article 14 for the period of contribution;
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4. LABOR STANDARDS
Article 17 (1), (4) and (5) for the types of benefits, eligibility
requirements for recipients, and payment procedures and
methods; and Article 18 for the notification of the current status
of retirement funds. In such cases, "subparagraph 3 of Article
13" stated in Article 14 (1) and the "defined benefit retirement
pension plan" stated in Article 17 (1) shall be read as
"subparagraph 6 of Article 19" and the "defined contribution
retirement pension plan" respectively.
Article 20 (Levels of Contributions to Be Borne and Payment, etc.,
of Contributions)
(1) An employer who has set up a defined contribution
retirement pension plan shall pay in cash contributions amounting
to one twelfth or more of the total annual wages of a pension
holder into the account of the pension holder under the defined
contribution retirement pension plan.
(2) A pension holder may pay additional contributions borne
by him/herself, apart from the contributions borne by the employer
pursuant to paragraph (1), into the account of the pension holder
under the defined contribution retirement pension plan.
(3) An employer shall regularly pay contributions under
paragraph (1) into the account of the pension holder under the
defined contribution retirement pension plan at least once every
year. In such cases, if the employer fails to pay contributions by
the set date (which may be extended when the defined contribution
retirement pension rules allow the payment date to be extended),
he/she shall pay interest on delayed payment at an interest rate
prescribed by Presidential Decree in consideration of the late
payment interest rate applied by banks under the Banking Act,
economic conditions, etc., and not exceeding an annual rate of
40/100 for the number of delayed days from the set date to the
date on which contributions are actually paid.
(4) If an employer delays payment of contributions due to a
natural disaster or any other reason prescribed by Presidential
Decree, paragraph (3) shall not apply for as long as such reason
continues to exist.
(5) If when there occurs any of the reasons prescribed by
Presidential Decree, such as the retirement of a pension holder
covered by a defined contribution retirement pension plan, the
employer has unpaid contributions relating to the pension holder,
the employer shall pay contributions under paragraph (1) and
interest on delayed payment under the latter part of paragraph
(3) into the account of the pension holder under the defined

contribution retirement pension plan: Provided that for special

circumstances, the payment date may be extended upon agreement
between the parties concerned.
(6) A pension holder may ask the retirement pension trustee
to transfer the related assets under management, in lieu of benefits
to be paid at the time of his/her retirement, to the individual
retirement pension plan account set up by the pension holder.
(7) If requested by a pension holder pursuant to paragraph
(6), the retirement pension trustee shall transfer the related assets
under management to the individual retirement pension plan
account of the pension holder. In such cases, the retirement pension
trustee shall be deemed to have paid the pension holder benefits
accruing from the operation of the defined contribution retirement
pension plan.
Article 21 (Methods for Managing Reserves and Provision of Information)
(1) A pension holder covered by a defined contribution
retirement pension plan may choose a method for management
of his/her reserves, and be able to change this method at least
once every half-year.
(2) A retirement pension trustee shall suggest at least three
methods for management of the pension holder's reserves, of
different risk levels and return structures, at least once every
half-year.
(3) A retirement pension trustee shall provide information
needed for a pension holder to choose the method for management
of his/her reserves, such as information on the probability for a
return on investment or for sustaining loss for each method of
management.
Article 22 (Early Withdrawal of Reserves)
A pension holder covered by a defined contribution retirement
pension plan may withdraw reserves early for any of the reasons
prescribed by Presidential Decree, such as for a housing purchase.
Article 23 (Establishment of a Defined Contribution Retirement Pension
Plan Involving Two or More Employers)
If a retirement pension trustee intends to propose the
establishment of a defined contribution retirement pension plan
involving two or more employers, it shall receive approval from
the Minister of Employment and Labor in regards to the following
matters:
1. Standard rules for the defined contribution retirement pension
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4. LABOR STANDARDS
plan addressing the following matters :

A. Matters under each subparagraph of Article 19 (1);
B. Other matters prescribed by Presidential Decree.
2. Standard contract on operational management services and
asset management services addressing matters prescribed
by Presidential Decree.
CHAPTER V
Individual Retirement Pension Plan
Article 24 (Establishment, Operation, etc., of an Individual Retirement

Pension Plan)
(1) A retirement pension trustee may operate an individual
retirement pension plan.
(2) A person falling under any of the following subparagraphs
may set up an individual retirement pension plan:
1. A person who has received lump-sum benefits under a
retirement benefit scheme;
2. A person who is covered by a defined benefit retirement
pension plan or defined contribution retirement pension
plan and intends to additionally set up an individual
retirement pension plan at his/her own expense;
3. A person prescribed by Presidential Decree, who needs to
secure a stable income for their retirement years, such as
a self-employed person;
(3) A person who has set up an individual retirement pension
plan pursuant to paragraph (2) shall pay contributions into the
individual retirement pension plan at his/her own expense:
Provided that he/she shall not pay contributions in excess of the
limit prescribed by Presidential Decree.
(4) Article 21 shall apply mutatis mutandis with regard to
the methods of managing reserves under an individual retirement
pension plan and the provision of information on the operation
of an individual retirement pension plan. In such cases, "defined
contribution retirement pension plan" shall be read as "individual
retirement pension plan".
(5) Matters concerning eligibility requirements for recipients
of each type of benefit of an individual retirement pension plan
and early withdrawal shall be prescribed by Presidential Decree.

Article 25 (Special Cases for Businesses Employing Fewer Than

Ten Workers)
(1) For businesses ordinarily employing fewer than ten workers,
if an employer has set up an individual retirement pension plan
after obtaining the consent of, or at the request of, an individual
worker notwithstanding Article 4 (1) and Article 5, he/she shall
be deemed to have set up a retirement benefit scheme for the
worker concerned.
(2) If an individual retirement pension plan is set up pursuant
to paragraph (1), the following shall be complied with:
1. When the employer chooses a retirement pension trustee,
he/she shall receive the consent of the individual worker:
Provided that the worker may choose a retirement pension
trustee on his/her own if he/she makes such a request;
2. The employer shall pay in cash contributions amounting
to one twelfth or more of the total annual wages of each
pension holder into the individual retirement pension plan
account of the pension holder;
3. The pension holder shall be allowed to pay additional
contributions, apart from the contributions borne by the
employer;
4. The employer shall regularly pay contributions under
subparagraph 2 into the individual retirement pension
plan of the pension holder at least once every year. In
such cases, the latter part of Article 20 (3) and Article 20
(4) shall apply mutatis mutandis with regard to the payment
of interest on contributions whose payment is delayed;
5. Other matters prescribed by Presidential Decree in order
to protect the right of workers to receive benefits in a
stable manner.
(3) If for any of the reasons prescribed by Presidential Decree,
such as retirement of a pension holder covered by an individual
retirement pension plan, the employer fails to pay contributions
under paragraph (2) 2 in relation to the pension holder, the
employer shall pay the contributions and interest on delayed
payment under the latter part of paragraph (2) 4 into the
individual retirement pension plan of the pension holder within
fourteen days from the date on which the reason occurs: Provided
that for special circumstances, the payment date may be
extended upon agreement between the parties concerned.
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4. LABOR STANDARDS
CHAPTER VI
Retirement Pension Trustees and Their Services
Article 26 (Registration of Retirement Pension Trustee)

An entity to which any of the following subparagraphs apply
and which intends to be a retirement pension trustee shall
register itself with the Minister of Employment and Labor after
meeting the requirements prescribed by Presidential Decree, such
as financial soundness, personnel and physical requirements, etc.:
1. An investment trading company, an investment brokerage
company or a collective investment company under the
Financial Investment Services and Capital Markets Act;
2. An insurance company under subparagraph 6 of Article 2
of the Insurance Business Act;
3. A bank under Article 2 (1) 2 of the Banking Act;
4. The National Credit Union Federation of Korea under
subparagraph 2 of Article 2 of the Credit Cooperatives Act;
5. The Korean Federation of Community Credit Cooperatives
under Article 2 (3) of the Community Credit Cooperatives Act;
6. The Korea Workers Compensation and Welfare Service under
Article 10 of the Industrial Accident Compensation Insurance
Act (Businesses eligible to receive retirement pension services
provided by the Korea Workers Compensation and Welfare
Service shall be limited to those ordinarily employing 30
workers or fewer.);
7. Other persons equivalent to those under subparagraphs 1
through 6 and prescribed by Presidential Decree.
Article 27 (Cancellation of Registration of Retirement Pension Trustee
and Transfer Orders)
(1) If any of the following subparagraphs apply to a retirement
pension trustee, the Minister of Employment and Labor may
order correction or cancel the retirement pension trustee's registration
as prescribed by Ordinance of the Ministry of Employment and
Labor: Provided that in the case of subparagraphs 1 and 2, the
registration shall be cancelled:
1. Where the retirement pension trustee is dissolved;
2. Where the retirement pension trustee obtains registration
under Article 26 in false or other fraudulent ways;
3. Where the retirement pension trustee fails to meet the
requirements for registration under Article 26;

4. Where the retirement pension trustee fails to comply with

an order issued by the Minister of Employment and Labor
or the Financial Services Commission pursuant to Article 36.
(2) A retirement pension trustee whose registration has been
cancelled pursuant to paragraph (1) shall not register itself as a
retirement pension trustee for three years from the date of
cancellation.
(3) A retirement pension trustee who intends to discontinue
its services relating to retirement pension plans shall apply with
the Minister of Employment and Labor for termination of
registration. In such cases, the retirement pension trustee whose
registration has been terminated shall not register itself as a
retirement pension trustee for two years from the date of termination.
(4) A retirement pension trustee whose registration has been
cancelled pursuant to paragraph (1) or who has applied for
termination of registration pursuant to paragraph (3) shall take
the measures for protection of pension holders as prescribed by
Presidential Decree, such as measures necessary for the transfer
of an established retirement pension plan, etc.
(5) If the Minister of Employment and Labor deems it necessary
in order to protect the right of workers to receive benefits, etc.,
when registration is cancelled or terminated pursuant to paragraph
(1) or (3), he/she may order the retirement pension trustee whose
registration is cancelled or terminated to transfer all or some of
its services to another retirement pension trustee. In such cases,
the Minister of Employment and Labor shall receive the consent
of the retirement pension trustee to whom all or some of such
services are transferred.
Article 28 (Entering into Contracts for Operational Management
Services)
(1) An employer or a pension holder who intends to set up
a retirement pension plan shall enter into a contract with a
retirement pension trustee on the implementation of the following
services (hereinafter referred to as "operational management
services"): Provided that the services prescribed in subparagraph
2 shall be limited to cases where a defined benefit retirement
pension plan is set up:
1. Providing an employer or a pension holder with the methods
for management of reserves and information on each
management method;
2. Designing a pension plan and maintaining pension accounting;
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4. LABOR STANDARDS
3. Recording the current state of reserves, preserving records,

and issuing notifications;
4. Informing a retirement pension trustee carrying out asset
management services pursuant to Article 29 (1) of the
management method chosen by the employer or pension
holders;
5. Other services prescribed by Presidential Decree to properly
carry out operational management services.
(2) A retirement pension trustee carrying out operational
management services pursuant to paragraph (1) may have a
person who meets the requirements prescribed by Presidential
Decree, such as personnel and physical requirements, etc., carry
out some of the services prescribed by Presidential Decree.
Article 29 (Entering into Contracts for Asset Management Services)
(1) An employer or a pension holder who has set up a
retirement pension plan shall enter into a contract with a
retirement pension trustee on the provision of the following
services (hereinafter referred to as "asset management services"):
1. Setting up and managing an account;
2. Receiving contributions;
3. Keeping and managing reserves;
4. Implementing instructions related to the management of
reserves which are given by a retirement pension trustee
carrying out operational management services;
5. Paying benefits;
6. Other services prescribed by Presidential Decree to properly
carry out asset management services.
(2) If an employer or a pension holder intends to enter into
a contract under paragraph (1), it shall be signed with the worker
or pension holder as the insured or beneficiary in accordance
with the method for creation of insurance contracts or trust
contracts prescribed by Presidential Decree.
Article 30 (Provision of Operational Management Services)
(1) A retirement pension trustee shall fulfill its duty of due
care as a good manager.
(2) If a retirement pension trustee suggests methods for
management of reserves, it shall suggest management methods
meeting the following requirements:
1. Information on management methods shall be easy to
obtain and understand;
2. Switching between management methods shall be easy;

3. The methods of and procedures for evaluating management

of reserves shall be transparent;
4. For defined contribution retirement pension plans and
individual retirement pension plans, at least one management
method prescribed by Presidential Decree, which guarantees
the repayment of principal and interest shall be included
in the management methods;
5. Management methods suggested shall be in line with the
management methods and standards prescribed by Presidential
Decree, such as investment diversification, etc., to ensure
stable management of the reserves in the mid and long term.
Article 31 (Entrustment of Solicitation Business)
(1) A retirement pension trustee may entrust a person
satisfying all of the following requirements (hereinafter referred
to as "retirement pension plan solicitor") with the business of
soliciting people to set up or join a retirement pension plan
(hereinafter referred to as "solicitation business"), which is
prescribed by Presidential Decree:
1. The person shall not be registered with the Minister of
Employment and Labor pursuant to paragraph (2);
2. The person shall have professional knowledge of retirement
pension plans and meet the requirements prescribed by
Presidential Decree;
3. If his/her registration was cancelled pursuant to paragraph
(6), at least three years shall have elapsed after the date
of cancellation.
(2) If a retirement pension trustee has entrusted the business
of soliciting for a retirement pension plan with a person
pursuant to paragraph (1), the person entrusted with such business
shall register him/herself with the Minister of Employment and
Labor. In such cases, the Minister of Employment and Labor
may entrust the work of dealing with such registration to an
institution determined by the Minister of Employment and Labor
as prescribed by Presidential Decree.
(3) A person entrusted with the business of soliciting for a
retirement pension plan shall not carry out the business of
soliciting for a retirement pension plan unless he/she is registered
pursuant to paragraph (2).
(4) A retirement pension trustee shall not entrust solicitation
business to any person other than retirement pension plan solicitors
registered pursuant to paragraph (2).
(5) The registration application, method and procedure under
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4. LABOR STANDARDS
paragraph (2) and other matters necessary for registration shall

(6) If any of the following subparagraphs apply to a
retirement pension plan solicitor, the Minister of Employment and
Labor may cancel his/her registration or suspend his/her solicitation
business for not more than six months:
1. Where the solicitor fails to meet the requirements specified
in paragraph (1);
2. Where the solicitor violates the matters specified in each
subparagraph of paragraph (7), with which a person
entrusted with solicitation business is required to comply.
(7) A person entrusted with solicitation business pursuant to
paragraph (1) shall comply with the following matters :
1. He/she shall not entrust the business entrusted to him/her
to other people;
2. Matters prescribed by Presidential Decree and necessary for
the proper operation of a retirement pension plan, such
as the ban on solicitation by means of providing false
information.
(8) If a person entrusted with solicitation business pursuant
to paragraph (1) fails to comply with the matters specified in each
subparagraph of paragraph (7), the retirement pension trustee
shall cancel the entrustment of solicitation business.
(9) A retirement pension trustee shall monitor in good faith
a retirement pension plan solicitor to ensure that he/she complies
with Acts and subordinate statutes and does not undermine
sound trading operations when carrying out the business of
soliciting a retirement pension plan, and to this end, shall
establish standards for carrying out solicitation business.
(10) Article 756 of the Civil Act shall apply mutatis mutandis
to cases where a retirement pension plan solicitor causes any
damage to an employer or a pension holder while carrying out
solicitation business.
CHAPTER VII
Duties and Supervision
Article 32 (Duties of Employers)

(1) An employer shall observe Acts and subordinate statutes

and retirement pension rules, and fulfill in good faith the obligations
imposed under this Act with regard to matters prescribed by
Presidential Decree for the sake of pension holders, etc.
(2) An employer who has set up a retirement pension plan
(excluding individual retirement pension plans) shall provide
education to the pension holders at least once every year about
matters prescribed by Presidential Decree, such as the current
status of the retirement pension plan for the business concerned.
In such cases, the employer may entrust such education to the
retirement pension trustee.
(3) An employer who has set up a retirement pension plan
shall not commit any of the following acts:
1. Enter into a contract to carry out operational management
services and asset management services for the purpose
of benefiting the employer him/herself or a third person;
2. Other acts as prescribed by Presidential Decree, which
hinder the proper operation of a retirement pension plan.
Article 33 (Duties of Retirement Pension Trustees)
(1) A retirement pension trustee shall observe this Act, and
carry out its services in good faith for the sake of pension holders.
(2) A retirement pension trustee shall comply with the terms
and conditions of the relevant contract under Article 28 (1) and
Article 29 (1).
(3) A retirement pension trustee shall not commit any of the
following acts without justifiable reason:
1. Refusing to enter into a contract to carry out operational
management services under Articles 28 (1);
2. Refusing to enter into a contract to carry out asset management
services under Articles 29 (1);
3. Forcing a contract to be made with a particular retirement
pension trustee;
4. Other acts as prescribed by Presidential Decree, which are
likely to infringe upon the interests of the relevant employer
or pension holder.
(4) A retirement pension trustee carrying out operational
management services shall not commit any of the following acts:
1. Promising to bear all or some of the losses of a pension
holder or an employer at the time of signing the contract;
2. Offering or promising to offer special benefits as prescribed
by Presidential Decree, such as excessive additional services
that have an economic value for a pension holder or an
employer or paying expenses that must be borne by a
▮▮ 637
4. LABOR STANDARDS
pension holder or an employer;

3. Using personal data, such as the name, address, etc. of a
pension holder beyond the extent necessary for performing
duties related to the management of a retirement pension plan;
4. Suggesting a particular management method to a pension
holder or an employer for the purpose of benefiting the
retirement pension trustee itself or a third person.
(5) A retirement pension trustee operating an individual
retirement pension plan pursuant to Article 24 (1) shall provide
education to the pension holders at least once every year about
matters prescribed by Presidential Decree, such as the current
status of the retirement pension plan for the business concerned.
(6) A retirement pension trustee shall submit the outcomes
of the handling of retirement pension plans to the employer
(excluding the outcomes of the handling of individual retirement
pension plans), the Ministry of Employment and Labor and the
Governor of the Financial Supervisory Service as prescribed by
(7) If a retirement pension trustee intends to establish or
amend the terms and conditions or standard forms of a contract
(hereinafter referred to as "the terms and conditions of a
contract, etc.") relating to the signing of a contract under Article
28 (1) and Article 29 (1), it shall report this to the Governor of
the Financial Supervisory Service in advance: Provided that in
cases where there is no adverse effect on the rights and
interests or duties of the workers or employer, as determined by
the Financial Services Commission, it may report to the
Governor of the Financial Supervisory Service within ten days
after the establishment or amendment of the terms and conditions
of the contract, etc.
(8) A retirement pension trustee shall make public the rate
of return on reserve funds, commissions, etc., at the end of
every year under the conditions determined by the Financial
Services Commission.
Article 34 (Duties, etc. of Government)
(1) The government shall devise support measures to promote
retirement pension plans.
(2) The government may take necessary measures, such as
supporting research projects, etc., jointly with workers' or employers'
organizations, and agencies and organizations involved in retirement
pension affairs, to ensure the sound establishment and development
of retirement pension plans.

(3) The government shall make efforts to devise measures to

protect the right of workers to receive benefits, such as coming
up with a way to guarantee payment of benefits under retirement
pension plans, etc.
Article 35 (Supervision over Employers)
(1) If an employer commits an act in violation of this Act
or retirement pension rules in relation to the establishment, operation,
etc., of a retirement pension plan, the Minister of Employment
and Labor may set a period and order the employer to correct
the violation within that period.
(2) If an employer fails to comply with a correction order
within the period under paragraph (1), the Minister of Employment
and Labor may order operation of the retirement pension plan
be suspended.
Article 36 (Supervision over Retirement Pension Trustees)
(1) If a retirement pension trustee commits an act in violation
of this Act, the Minister of Employment and Labor may set a
period and order the retirement pension trustee to correct the
violation within that period.
(2) If a retirement pension trustee fails to comply with a
correction order under paragraph (1), the Minister of Employment
and Labor may order services carried out under this Act to be
transferred to another retirement pension trustee.
(3) In order to ensure stable operation of retirement pension
plans and protect the right of workers to receive benefits, the
Financial Services Commission may supervise retirement pension
trustees with regard to services prescribed by Presidential Decree,
and if a retirement pension trustee violates Article 33, take any
of the following measures:
1. Issue a warning against the retirement pension trustee,
demanding the issuance of a warning against its executive
or a warning, reprimand, salary reduction, suspension or
removal from office against its employee;
2. Issue an order to correct the relevant violation;
3. Recommend the dismissal of an executive or demand the
suspension of an executive from his/her duties;
4. Order the partial suspension of business for not more
than six months.
(4) The Governor of the Financial Supervisory Service may
examine the services, property, etc., of a retirement pension
trustee, and if the terms and conditions of a contract, etc., reported
▮▮ 639
4. LABOR STANDARDS
by a retirement pension trustee pursuant to Article 33 (7) violate

this Act, issue an order to change or complement them.
Article 37 (Request, etc., for Provision of Financial Transaction Information)
necessary to supervise the operation of retirement pension plans,
such as to determine whether an employer has secured the ability
to pay benefits under Article 16, he/she may request the relevant
retirement pension trustee to provide information or data on
financial transactions specified in each of the following subparagraphs
(hereinafter referred to as "financial transaction information")
with regard to the business with which it has entered into a
contract to provide asset management services and operational
management services, notwithstanding Article 4 of the Act on
Real Name Financial Transactions and Guarantee of Secrecy and
Article 33 of the Act on Use and Protection of Credit Information:
1. The current status of pension holders;
2. The current status of the payment of benefits;
3 The current status of the payment of contributions;
4. The current status of the reserves.
(2) When the Minister of Employment and Labor requests
financial transaction information pursuant to paragraph (1), the
request shall be made in writing specifying the following matters:
1. Trade period subject to the request;
2. Legal grounds for the request;
3. Purpose for the use of information;
4. Details of the financial transaction information requested
(3) A request for financial transaction information under
paragraph (1) shall be kept to the minimum level necessary for
supervising the operational soundness of a retirement pension plan.
(4) If a retirement pension trustee provides financial transaction
information to the Minister of Employment and Labor pursuant
to paragraph (2), the retirement pension trustee shall inform in
writing the relevant employer or pension holders of the main
content of the provided financial transaction information, the
purpose for the use of that information, the person provided
with that information, the date of provision, etc., within ten days
from the date of provision of financial transaction information.
In such cases, Article 4-2 (4) of the Act on Real Name Financial
Transactions and Guarantee of Secrecy shall apply mutatis
mutandis with regard to the costs of the notification.
(5) If the Minister of Employment and Labor requests financial
transaction information from a pursuant to paragraph (1), the

retirement pension trustee shall record this fact and preserve

such records for five years from the date of request for financial
transaction information.
(6) No person who is provided with or otherwise comes to
know financial transaction information pursuant to paragraph (1)
shall provide such financial transaction information to other
persons or use it in any way beyond the original intended purpose.
CHAPTER VIII
Article 38 (Abolition and Suspension of Retirement Pension Plans)
(1) In the case of abolition of a retirement pension plan or
suspension of its operation, the retirement pay system under
Article 8 (1) shall be applied after the abolition or during the
period of the suspension.
(2) In the case of abolition of a retirement pension plan, the
employer shall, without delay, take measures prescribed by
Presidential Decree, such as paying unpaid contributions, which
are necessary for paying benefits out of reserves.
(3) If the operation of a retirement pension plan is suspended
due to the reasons, etc., under Article 35 (2), the employer and
retirement pension trustee shall maintain the basic services
prescribed by Presidential Decree, such as those necessary for
the management of reserves.
(4) If benefits are paid to a pension holder as a result of
abolition of a retirement pension plan, the employer and retirement
pension trustee shall make that payment by transferring benefits
to the individual retirement pension plan account designated by
the pension holder: Provided that if the pension holder fails to
designate an individual retirement pension plan account, Article
17 (5) shall apply mutatis mutandis.
(5) If a pension holder has been paid benefits pursuant to
paragraph (4), he/she shall be deemed to have been paid benefits
earlier than his/her retirement pursuant to Article 8 (2). In such
cases, necessary matters concerning calculation of the period
subject to the early payment, etc., shall be prescribed by Presidential
Decree.
▮▮ 641
4. LABOR STANDARDS
Article 39 (Cooperation)
If the Minister of Employment and Labor deems it necessary
for implementation of this Act, he/she may request related
agencies, such as the Financial Services Commission, etc., to
submit relevant materials. In such cases, the agencies requested
to submit materials shall not refuse this request unless they
have justifiable reason.
Article 40 (Reporting and Examination)
(1) The Minister of Employment and Labor may ask an
employer and a retirement pension trustee to report the status
of implementation, etc. of the retirement pension plan or submit
related documents or may ask for the presence of a related person,
within the extent necessary for the implementation of this Act.
necessary for implementation of this Act, he/she may have his/her
representative enter a workplace implementing a retirement pension
plan and the workplace of the relevant retirement pension trustee
and ask questions of related persons, such as the employer or
retirement pension trustee, or examine books or documents.
(3) A representative of the Minister of Employment and Labor
who intends to enter a workplace or the workplace of the relevant
retirement pension trustee and ask questions of related persons
or examine books or documents pursuant to paragraph (2) shall
carry a certificate indicating his/her authority and produce it to
the related persons.
Article 41 (Hearings)
The Minister of Employment and Labor shall hold a hearing,
if he/she intends to cancel a registration pursuant to Article 27
(1) or issue a transfer order pursuant to Article 36 (2).
(1) The authority of the Minister of Employment and Labor
under this Act may be partly entrusted to the Financial Services
Commission or the Governor of the Financial Supervisory Service
or partly delegated to the heads of local employment and labor
offices as prescribed by Presidential Decree.
(2) The authority of the Financial Services Commission
under this Act may be partly entrusted to the Governor of the
Financial Supervisory Service as prescribed by Presidential Decree.

CHAPTER IX
Penal Provisions
A person who violates Article 37 (6) shall be punished by
imprisonment of up to five years or a fine not exceeding 30
million won.
If any of the following subparagraphs apply to a person,
that person shall be punished by imprisonment of up to three
years or a fine not exceeding 20 million won: Provided that for
the cases outlined in paragraphs 1 and 2, the case shall not be
prosecuted against the explicit will of the victim:
1. A person who fails to pay retirement pay in violation of
Article 9;
2. A person who fails to pay benefits when a worker retires
or fails to pay contributions or interest on delayed payment
in violation of Article 17 (2) and (3), Article 20 (5) or
Article 25 (3);
3. A retirement pension trustee who, in violation of Article
27 (4), fails to take measures to protect pension holders;
4. A retirement pension trustee who violates Article 33 (3)
and (4).
that person shall be punished by imprisonment of up to two
years or a fine not exceeding 10 million won:
1. A person who, in violation of Article 4 (2), has set up
different retirement benefit schemes within the same
business;
2. A person who, in violation of Article 31 (3), carries out
the business of soliciting a retirement pension plan without
being registered with the Minister of Employment and
Labor;
3. A retirement pension trustee who, in violation of Article
31 (4), entrusts solicitation business to a person other than
retirement pension plan solicitors;
4. An employer who violates the duties under Article 32 (3) 1.
▮▮ 643
4. LABOR STANDARDS

that person shall be punished by a fine not exceeding five million
won:
1. A person who fails to obtain the consent of, or hear opinions
from, a workers' representative or individual workers in
violation of Article 4 (3) and (4) or Article 25 (1) and
Article 25 (2) 1;
2. A person who violates Article 31 (7).
If the representative of a corporation or an agent, a servant
or any other employee of a corporation or an individual commits
any of the offences prescribed in Articles 44 through 46 in
connection with the business of the corporation or individual,
not only shall the offender be punished, but the corporation or
individual employing the offender at the time of the violation
shall also be punished by the fine prescribed in the relevant Articles:
Provided that this shall not apply unless the corporation or
to the business concerned in order to prevent such offence.
(1) If any of the following subparagraphs apply to a person,
that person shall be punished by a fine for negligence not
exceeding 10 million won:
1. An employer who fails to provide education at least once
every year pursuant to Article 32 (2);
2. A retirement pension trustee who fails to provide education
at least once every year pursuant to Article 33 (5);
(2) If any of the following subparagraphs apply to a person,
that person shall be punished by a fine for negligence not exceeding
five million won:
1. An employer who fails to report defined benefit retirement
pension rules under Article 13 or defined contribution
retirement pension rules under Article 19;
2. An employer who violates the duties under Article 32 (3) 2;
3. A retirement pension trustee who violates the duties under
Article 33 (2) and (6).
(3) Fines for negligence under paragraphs (1) and (2) shall
Labor as prescribed by Presidential Decree.


This Act shall enter into force on December 1, 2005: Provided
that for businesses ordinarily employing four or fewer workers,
this Act shall enter into force on a date prescribed by
Presidential Decree, which falls between 2008 and 2010.
Article 2 (Effective Term of Retirement Insurance, etc.)
(1) If an employer subscribes to retirement insurance or a
lump-sum retirement trust (hereinafter referred to as "retirement
insurance, etc.") prescribed by Presidential Decree with its
workers as the insured or beneficiaries so that its workers can
receive lump-sum benefits or annuities upon retirement, he/she
shall be deemed to have set up a retirement pay system under
Article 8 (1): Provided that the amount of lump-sum benefits
paid under a retirement insurance, etc., shall not be less than
the amount of retirement pay prescribed in Article 8 (1).
(2) Paragraph (1) shall have its effect limited to employers
who have subscribed to retirement insurance, etc., at the time
this Act enters into force, and shall be effective until December
31, 2010.
Article 3 (Special Cases for Benefits and Contributions of Businesses
Ordinarily Employing Four or Fewer Workers)
Notwithstanding Article 8 (1), subparagraph 4 of Article 12
and subparagraph 1 A of Article 13, the amount of retirement
pay, the amount of benefits under a defined benefit retirement
pension plan, and the level of contributions paid by an employer
to a defined contribution retirement pension plan, which are
applicable to businesses ordinarily employing four or fewer
workers, may be raised in phases by an amount of not less
than 50/100 but not more than 100/100 of the level prescribed
in the same provisions, as prescribed by Presidential Decree.
Article 4 (Transitional Measures concerning Preferential Payment
of retirement pay)
(1) Notwithstanding Article 11 (2), for workers who retired
before December 24, 1997, retirement pay for their consecutive
service provided after March 29, 1989 shall be subject to preferential
payment.
(2) Notwithstanding Article 11 (2), for workers who were
employed before December 24, 1997 and then retire after
▮▮ 645
4. LABOR STANDARDS
December 24, 1997, the sum of retirement pay for their consecutive
service from March 29, 1989 to December 23, 1997 and retirement
pay for the final three years of their consecutive service after
December 24, 1997 shall be subject to preferential payment.
payment under paragraphs (1) and (2) shall be 30 days of
average wages for each year of consecutive service.
payment under paragraphs (1) and (2) shall not exceed 250
Article 5 (Transitional Measures concerning the retirement pay System)
Any retirement pay system set up under Article 34 (1) of
the previous Labor Standards Act and retirement pay settled
and paid in advance at the time this Act enters into force shall
be deemed to have been set up or paid under this Act.
(1) Parts of the Labor Standards Act shall be revised as
follows:
Article 34 shall be as follows:
Article 34 (Retirement Benefit System)
With regard to the system of retirement benefits paid by
employers to retiring workers, conditions prescribed by the
Employee Retirement Benefit Security Act shall apply.
"Wages and retirement pay" in Article 37 (1) shall be
changed to "wages".
Article 37 (2) 2 shall be deleted.
"retirement pay and bonuses" in subparagraph 5 of Article
96 shall be changed to "retirement pay under Article 8 of the
Employee Retirement Benefit Security Act and bonuses".
(2) Parts of the Wage Claim Guarantee Act shall be revised
as follows: <Amended by Act No. 7636, Jul. 29, 2005>
Article 6 (2) 1 shall be as follows:
1. Wages under Article 37 (2) 1 of the Labor Standards Act
and retirement pay under Article 11 (2) of the Employee
Retirement Benefit Security Act.
Article 7 (2) shall be as follows:
(2) The right to preferential payment of wage claims under
Article 37 (2) of the Labor Standards Act and the right to
preferential payment of retirement pay under Article 11 (2) of
the Employee Retirement Benefit Security Act shall continue to
exist with regard to the right transferred under paragraph (1).

Subparagraph 2 of Article 9 shall be as follows:

2. Employers who have taken out retirement insurance, etc.,
pursuant to Article 2 (1) of the Addenda to the Employee
Retirement Benefit Security Act and employers who have
set up a retirement pension plan pursuant to Chapter III
of the same Act (including employers of businesses
subject to the provision on special cases for businesses
pursuant to Article 26 of the same Act).
(3) Parts of the Insurance Business Act shall be revised as
follows:
Article 108 (1) 2 shall be as follows:
2. Retirement insurance contracts under Article 2 (1) of the
Addenda to the Employee Retirement Benefit Security Act
and insurance contracts under 16 (2).
Article 7 (Relationship with Other Acts and Subordinate Statutes)
References to a retirement pay system under Article 34 of
the previous Labor Standards Act or the provisions thereof in
other Acts or subordinate statutes at the time this Act enters
into force shall be deemed references to this Act and its
corresponding provisions, if any, in lieu of the previous provisions.

Addenda <Act No. 10303, May. 17, 2010>

<Proviso omitted>
(12) Parts of the Employee Retirement Benefit Security Act
"Financial institution" in subparagraph 3 of Article 14 shall
be changed to "bank".
Articles 10 Omitted.
▮▮ 647
4. LABOR STANDARDS

<Proviso omitted>
"Ministry of Labor" in Article 6 (1) shall be changed to
"Vice Minister of Labor" in Article 6 (3) shall be changed to
"Vice Minister of Employment and Labor".
"Ordinance of the Ministry of Labor" in the proviso to
Article 7, subparagraph 5 A and B of Article 12, the latter part
of subparagraph 8 of Article 12 and Article 20 (5) shall be
Article 12, parts other than each subparagraph of Article 13,
parts other than each subparagraph of Article 14, parts other
than each subparagraph of Article 18 (1), Article 18 (1) 4, the
former and latter parts of Article 18 (2), Article 20 (5), Article
22 (1) and (2), Article 23 (1) through (3), Article 24, the former
part of Article 28, Article 29 (1), the former part of Article 29
(2), Article 30 (1) and Article 35 (3) through (5) shall be
"Local labor offices" in Article 30 (1) shall be changed to
"local employment and labor offices"
Articles 5 Omitted.

This Act shall enter into force two years after its promulgation.
Article 2 Omitted.


"Pledges or mortgages" in Article 11 (1) and (2) shall be
changed to "pledges, mortgages or liens under the Act on Use
of Movables, Receivables, etc., as Security".
Articles 4 Omitted.

Article 2 (Effective Term of Retirement Insurance, etc.)
(1) If an employer subscribes to retirement insurance or a
lump-sum retirement trust (hereinafter referred to as "retirement
insurance, etc.") prescribed by Presidential Decree with his/her
workers as the insured or beneficiaries so that the workers can
receive lump-sum benefits or annuities upon retirement before
December 1, 2005 when the Employee Retirement Benefit Security
Act as amended by Act No. 7379 enters into force, he/she shall
be deemed to have set up a retirement pay system under
Article 8 (1) of the Employee Retirement Benefit Security Act as
amended by Act No. 7379: Provided that the amount of
lump-sum benefits under retirement insurance, etc., shall not be
less than the amount of retirement pay under the same paragraph.
(2) A retirement pay system under paragraph (1) shall
remain effective until December 31, 2010.
Article 3 (Applicability Concerning Conditions for Payment of retirement
pay before Retirement)
The amended provision of Article 8 (2) shall apply to cases
in which a worker requests his/her employer to make an early
payment after this Act enters into force.
Article 4 (Applicability Concerning Benefit Payment Methods)
The amended provisions of Article 17 (4) and (5), Article 19
(2) (limited to parts to which Article 17 (4) and (5) shall apply
mutatis mutandis) and Article 38 (4) shall apply to cases in
which a cause for the payment of benefits occurs after this Act
enters into force.
Article 5 (Applicability Concerning Payment of Contributions, etc.,
▮▮ 649
4. LABOR STANDARDS
under Defined Contribution Retirement Pension Plans

and Individual Retirement Pension Plans)
The amended provisions of Article 20 (3) and (4), Article 25
(2) 4 and Article 25 (3) concerning interest on delayed payment
shall apply to cases in which interest on delayed payment is
paid after this Act enters into force.
Article 6 (Applicability Concerning Participation in Individual Retirement
Pension Plans by Self-Employed Persons, etc.)
Article 24 (2) 3 shall apply five years after this Act enters
into force.
Article 7 (Applicability Concerning Cancellation and Termination
of Registration of Retirement Pension Trustees)
The amended provisions of Article 27 (2) and (3) shall apply
to cases in which a retirement pension trustee has his/her
registration cancelled or applies for the termination of his/her
registration after this Act enters into force.
Article 8 (Special Cases Concerning Enforcement Date, Benefits and
Contributions for Businesses Ordinarily Employing Four
or Fewer Workers)
(1) In regards to businesses ordinarily employing four or
fewer workers, retirement benefit schemes shall be deemed to
have taken effect on December 1, 2010 in accordance with the
proviso to Article 1 of the Addenda to the Employee Retirement
Benefit Security Act as amended by Act No. 7379.
(2) Notwithstanding the amended provisions of Article 8 (1),
Article 15, Article 20 (1) and Article 25 (2) 2, the amount of
retirement pay, the amount of benefits under a defined benefit
retirement pension plan, and the level of contributions to be
paid by an employer into a defined contribution retirement
pension plan or an individual retirement pension plan under
the amended provisions of Article 25, which are applicable to
businesses ordinarily employing four or fewer workers, shall be
determined as follows:
1. The amount of retirement pay, the amount of benefits
under a defined benefit retirement pension plan, and the
level of contributions to be paid by an employer into a
defined contribution retirement pension plan or an individual
retirement pension plan under the amended provisions of
Article 25 from December 1, 2010 to December 31, 2012:
50/100 or more of the level prescribed in the amended

provisions of Article 8 (1), Article 15, Article 20 (1) and

Article 25 (2) 2;
2. The amount of retirement pay, the amount of benefits
under a defined benefit retirement pension plan, and the
level of contributions to be paid by an employer into a
defined contribution retirement pension plan or an individual
retirement pension plan under the amended provisions of
Article 25 after January 1, 2013: the level prescribed in
the amended provisions of Article 8 (1), Article 15,
Article 20 (1) and Article 25 (2) 2.
(3) The parties to the employment relationship shall not
lower the existing working conditions on grounds of paragraphs
1 and 2.
Article 9 (Transitional Measures Concerning Preferential Payment
of retirement pay)
(1) Notwithstanding Article 12 (2), for workers who retired
before December 24, 1997, retirement pay for their consecutive
service provided after March 29, 1989 shall be subject to
preferential payment.
(2) Notwithstanding Article 12 (2), for workers who were
employed before December 24, 1997 and then retire after December
24, 1997, the sum of retirement pay for their consecutive service
from March 29, 1989 to December 23, 1997 and retirement pay
for the final three years of their consecutive service after
December 24, 1997 shall be subject to preferential payment.
(3) retirement pay subject to preferential payment under
paragraphs (1) and (2) shall be an amount equal to 30 days of
average wages for each year of consecutive service.
(4) retirement pay subject to preferential payment under
paragraphs (1) and (2) shall not exceed an amount equal to 250
Article 10 (Transitional Measures Concerning retirement pay System)
Any retirement pay system set up under Article 34 (1) of
the previous Labor Standards Act and retirement pay paid in
advance as of December 1, 2005 when the Employee Retirement
Benefit Security Act as amended by Act No. 7379 enters into
force shall be deemed to have been set up or paid under the
Employee Retirement Benefit Security Act as amended by Act
No. 7379.
Article 11 (Transitional Measures Concerning Individual Retirement
Accounts)
▮▮ 651
4. LABOR STANDARDS
Any individual retirement account set up under the previous

provisions of Articles 25 and 26 at the time when this Act
enters into force shall be deemed an individual retirement
pension plan set up under the amended provisions of Articles
24 and 25.
as follows:
"retirement pay for the final three years under Article 11
(2) of the Employee Retirement Benefit Security Act" in Article
7 (2) 1 shall be changed to "retirement benefits, etc., for the final
three years under Article 12 (2) of the Employee Retirement
Benefit Security Act".
"Right to preferential payment of retirement pay under
Article 11 (2) of the Employee Retirement Benefit Security Act"
in Article 8 (2) shall be changed to "right to preferential payment
of retirement benefits, etc., under 12 (2) of the Employee
Retirement Benefit Security Act".
"Employers (including employers of businesses subject to the
provision on special cases for businesses pursuant to Article 26
of the same Act) who have established a retirement pension
plan pursuant to Chapter Ⅲ of the Employee Retirement Benefit
Security Act" in subparagraph 3 of Article 10 shall be changed
to "employers who have established a defined benefit retirement
pension plan under Chapter III of the Employee Retirement
Benefit Security Act, a defined contribution retirement pension
plan under Article 4 of the same Act, or an individual
retirement pension plan under Article 25 of the same Act".
References to the previous provisions of the Employee
Retirement Benefit Security Act in other Acts or subordinate
statutes at the time this Act enters into force shall be deemed
references to the corresponding provisions of this Act, if any, in
lieu of the previous provisions.

ENFORCEMENT DECREE OF THE EMPLOYEE RETIREMENT BENEFIT SECURITY ACT
ENFORCEMENT DECREE OF THE EMPLOYEE

RETIREMENT BENEFIT SECURITY ACT
Amended by Presidential Decree No. 19513, Jun. 12, 2006

Wholly Amended by Presidential Decree No. 23987, Jul. 24, 2012
Article 1 (Purpose)
by the Employee Retirement Benefit Security Act and those
necessary for the enforcement thereof.
Article 2 (Reasons, etc., for Offering Right to Receive Benefits
under Retirement Pension Plan as Collateral)
(1) "Cases where the reasons and conditions prescribed by
Presidential Decree, such as for the purpose of a housing
purchase, are met" in the former part of Article 7 (2) of the
Employee Retirement Benefit Security Act (hereinafter referred to
as "the Act") means any of the following cases:
1. Where a pension holder who did not own a house has
purchased a house in his/her own name;
2. Where a pension holder, his/her spouse or a dependent
family member living together with a pension holder or
his/her spouse under Article 50 (1) of the Income Tax
Act requires six months or more of medical care due to
an illness or injury;
3. Where a pension holder has been declared bankrupt under
the Debtor Rehabilitation and Bankruptcy Act within five
years counting backward from the date of offering collateral;
4. Where a pension holder has received a decision for
commencement of rehabilitation procedures under the Debtor
Rehabilitation and Bankruptcy Act within five years
▮▮ 653
4. LABOR STANDARDS
counting backward from the date of offering collateral;

5. Other cases falling under the reasons and conditions
determined and announced by the Minister of Employment
and Labor, such as when damage is inflicted by natural
disasters, etc.
(2) "To the extent prescribed by Presidential Decree" in the
former part of Article 7 (2) of the Act means extents classified
as follows:
1. For paragraph (1) 1 through 4: 50/100 of reserves for each
pension holder;
2. For paragraph (1) 5: the extent determined and announced
by the Minister of Employment and Labor after taking into
account the degree of damage done by natural disasters,
etc., to the pension holder, and so on.
Article 3 (Reasons for Interim Settlement of retirement pay)
(1) "Reasons prescribed by Presidential Decree, such as for a
housing purchase," in the former part of Article 8 (2) of the Act
means any of the following cases: <Amended by Presidential
Decree No. 25022, Dec. 24, 2013>
1. Where a worker who did not own a house has purchased
a house in his/her own name;
2. Where a worker who did not own a house has put down
a monetary deposit under Article 303 of the Civil Act or
a monetary deposit under Article 3-2 of the Housing Lease
Protection Act for residential purposes. In such cases, the
number of occurrences shall be limited to one time while
the worker works in the same business or workplace
(hereinafter referred to as "business");
3. Where a worker, his/her spouse or a dependent family
member living together with a worker or his/her spouse
under Article 50 (1) of the Income Tax Act requires six
months or more of medical care due to an illness or injury;
4. Where a worker has been declared bankrupt under the
Debtor Rehabilitation and Bankruptcy Act within five
years counting backward from the date of application for
the interim settlement of retirement pay;
5. Where a worker has received a decision for commencement
of rehabilitation procedures under the Debtor Rehabilitation
and Bankruptcy Act within five years counting backward
from the date of application for the interim settlement of
retirement pay;
6. Where wages have been reduced as a result of implementation

of a wage peak system under Article 28 (1) 1 and 2 of

the Enforcement Decree of the Employment Insurance Act;
7. Other cases falling under the reasons and conditions
and Labor, such as when damage is inflicted by natural
disasters, etc.
(2) If an employer has settled and paid retirement pay early
due to the reasons specified in each subparagraph of paragraph
(1), he/she shall preserve relevant documents proving this until
the day marking five years after the worker retires.
Article 4 (Matters to be Stipulated in Defined Benefit Retirement
Pension Rules)
(1) "Matters prescribed by Presidential Decree" in subparagraph
11 of Article 13 of the Act means the following matters:
1. Matters concerning calculation and payment of contributions;
2. Matters concerning payment of fees for carrying out operational
management services under Article 28 of the Act (hereinafter
referred to as "operational management services") and
asset management services under Article 29 of the Act
(hereinafter referred to as "asset management services");
3. Matters concerning the methods of and procedures for
educating pension holders, etc.;
4. Matters concerning handling of affairs related to contracts
for operational management services made with multiple
retirement pension trustees. In such cases, if a pension
holder fails to designate an individual retirement pension plan
account, matters concerning the designation of a retirement
pension trustee to whom the benefits shall be transferred
under Article 17 (5) of the Act shall be included.
(2) A retirement pension trustee who calculates contributions
under paragraph (1) 1 shall consider the estimated amount of
expenses for future benefits, the estimated amount of revenues,
etc., to maintain financial stability in the long term, while
detailed standards shall be prescribed by Ordinance of the
(3) An employer shall pay contributions regularly at least
once every year.
(4) The fees under paragraph (1) 2 shall be borne by the
employer.
(5) Detailed matters concerning the methods and procedures
for educating pension holders, etc., under paragraph (1) 3 shall
be prescribed by Ordinance of the Ministry of Employment and Labor.
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4. LABOR STANDARDS
(6) An employer who enters into a contract for operational

management services with multiple retirement pension trustees
shall select one of the retirement pension trustees as the
representative retirement pension trustee (hereinafter referred to
as "secretariat") and have it carry out the services specified in
each item of Article 22 (1) 3.
Article 5 (Minimum Level of Reserves Under Defined Benefit
Retirement Pension Plans)
(1) "The ratio prescribed by Presidential Decree" in the main
sentence of Article 16 (1) of the Act other than each subparagraph
means the ratio of reserves to the standard liability reserves
under Article 16 (1) of the Act (hereinafter referred to as
"standard liability reserves") and shall be classified as follows:
1. From July 26, 2012 to December 31, 2013: 60/100;
2. From January 1, 2014 to December 31, 2015: 70/100;
3. From January 1, 2016 to December 31, 2017: 80/100;
4. January 1, 2018 and beyond: a ratio of not less than
80/100 prescribed by Ordinance of the Ministry of
(2) If the period of providing service to the relevant business
before the establishment of the retirement pension plan concerned
(hereinafter referred to as "past service period" in this paragraph)
is included in the period of contribution pursuant to Article 14
(2) of the Act, "the ratio prescribed by Presidential Decree" in the
proviso of Article 16 (1) of the Act other than each subparagraph
means the ratio of reserves to the standard liability reserves
corresponding to the relevant service period, which is determined
and announced by the Minister of Employment and Labor according
to the number of years of past service and the number of years
that have passed since the contribution began.
Article 6 (Notification of Results of Financial Review)
(1) After comparing the amount of reserves calculated under
Article 16 (2) of the Act and the minimum reserves under
Article 16 (1) of the Act (hereinafter referred to as "minimum
reserves"), a retirement pension trustee shall inform the employer
in writing of whether there is any shortfall in reserves, the current
state of reserves and contributions paid, whether a financial
stabilization plan has been drawn up under Article 7 (2) 1, and
so on: Provided that where the amount of reserves is less than
that of minium reserves, the retirement pension trustee shall, if
there is a trade union consisting of a majority of workers, inform

that trade union of this in writing, and if there is no such

trade union, inform all workers of this in writing or through an
in-house bulletin board or information and communications network.
(2) Forms necessary for the notification under paragraph (1)
shall be determined and announced by the Minister of Employment
and Labor.
Article 7 (Criteria for Determining a Shortfall of Reserves and
Measures for Resolution)
(1) "The level prescribed by Presidential Decree" in Article
16 (3) of the Act means 95/100 of minimum reserves:
(2) Pursuant to Article 16 (3) of the Act, an employer shall,
if the amount of reserves falls short of the level specified in
paragraph (1), resolve the shortfall through the following measures:
1. The employer shall draw up a concrete plan (hereinafter
referred to as a "financial stabilization plan") containing
measures to make up the shortfall, a contribution plan, etc.,
to resolve the shortfall and thus to achieve balance within
three years, with such a plan to be kept for three years;
2. The employer shall, if there is a trade union consisting of
a majority of workers, notify that trade union of the
financial stabilization plan, and if there is no such trade
union, notify all workers and the retirement pension
trustee of the financial stabilization plan, within 60 days
after the date when he/she is notified by the retirement
pension trustee of the results of a financial review pursuant
to Article 6;
3. The employer shall faithfully implement the financial
stabilization plan, such as by paying contributions to make
up for the shortfall in reserves.
Article 8 (Reasons for Exceptions to Payment of Full Benefits)
(1) "The cases prescribed by Presidential Decree, such as
business bankruptcy" in the main sentence of Article 17 (2) of
the Act means the following cases:
1. Where an employer has been declared bankrupt under
the Debtor Rehabilitation and Bankruptcy Act;
2. Where an employer has received a decision for commencement
of rehabilitation procedures under the Debtor Rehabilitation
and Bankruptcy Act;
3. Where an employer to whom subparagraph 2 or 3 of Article
5 (1) of the Enforcement Decree of the Wage Claim
Guarantee Act applies;
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4. LABOR STANDARDS
4. Where the ratio of reserves to standard liability reserves

is lower than the ratio specified in Article 5 (1). In such
cases, even when the period of providing service to the
relevant business before the establishment of a retirement
pension plan is included in the period of contribution,
the ratio specified in Article 5 (1) shall apply;
5. W here the follow ing value is higher than the ratio
and Labor:
The total amount of retirement benefits paid to pension holders in

the relevant business since the starting date of the business year
The amount of reserves as of the starting date of the business year

+ the total amount of contributions paid since the starting date
of the business year
6. Other cases prescribed by Ordinance of the Ministry of

Employment and Labor, where paying full benefits may
restrict the right of other workers to receive benefits.
Article 9 (Reasons for Exceptions to Transferring to an Individual
Retirement Pension Plan)
"The reasons as prescribed by Presidential Decree, such as
when a pension holder retires after the age of 55 and receives
benefits" in the proviso of Article 17 (4) of the Act means any
of the following cases:
1. Where a pension holder retires after the age of 55 and
then receives benefits;
2. Where a pension holder has to repay loans, etc., secured
against benefits under Article 7 (2) of the Act. In such
cases, the amount not transferred to the individual retirement
pension plan account designated by the pension holder
shall not exceed the amount of secured loans to be repaid;
3. Where the amount of retirement benefits is not more than
the amount determined by the Minister of Employment
and Labor.
Article 10 (Matters to be Stipulated in Defined Contribution Retirement
Pension Rules)
(1) "Other matters prescribed by Presidential Decree" in
Article 19 (1) 7 of the Act means the following matters:
1. Matters concerning the payment of fees for carrying out

operational management services and asset management

services;
2. Matters concerning the methods of and procedures for
educating pension holders, etc.
(2) The fees under paragraph (1) 1 shall be borne by the
employer: Provided that fees incurred due to additional contributions
which may be paid by a pension holder him/herself shall be
borne by the pension holder.
(3) Detailed matters concerning the methods of and procedures
for educating pension holders, etc., under paragraph (1) 2 shall
be prescribed by Ordinance of the Ministry of Employment and
Labor.
Article 11 (Rate of Interest on Unpaid Contributions)
"An interest rate prescribed by Presidential Decree" in the
latter part of Article 20 (3) of the Act means interest rates
classified as follows:
1. From the day following the date set for payment of
contributions until the 14th day (or an extended date in
cases where the date for payment is extended upon
agreement between the parties concerned) after the date
when a reason for paying benefits, such as the retirement of
a pension holder, occurs: an annual interest rate of 10/100.
2. From the day immediately following the end of the period
specified in paragraph (1) until the day when contributions
are paid: an annual interest rate of 20/100.
Article 12 (Reasons for Exclusion from Application of Interest on
Delayed Payment)
"Any other reasons prescribed by Presidential Decree" in
Article 20 (4) of the Act means cases falling under any
subparagraph of Article 18 of the Enforcement Decree of the
Labor Standards Act.
Article 13 (Reasons for Payment of Unpaid Contributions)
"The reasons prescribed by Presidential Decree" in the main
sentence of Article 20 (5) of the Act means cases where a
pension holder retires from the relevant business.
Article 14 (Reasons for Early Withdrawal from Defined Contribution
Retirement Pension Plan)
"The reasons prescribed by Presidential Decree, such as for a
housing purchase" in Article 22 of the Act means cases falling
under any subparagraph of Article 2 (1).
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4. LABOR STANDARDS
Article 15 (Matters to be Stipulated in Standard Rules)

"Other matters prescribed by Presidential Decree" in
subparagraph 1 B of Article 23 of the Act means the following
matters:
1. The characteristics of the defined contribution retirement
pension plan set up under the standard rules and a
name reflecting such characteristics;
2. Matters concerning the scope or characteristics of businesses
eligible to join;
3. The methods for management of reserves and criteria for
selection thereof. In such cases, management methods and
the criteria for their selection which are applicable if a
pension holder has not been given any management
instruction shall be included;
4. Matters concerning the reasons for which a withdrawal
can be made, the procedures for withdrawal, etc.;
5. Matters concerning fees;
6. Other matters necessary for the reasonable operation of a
defined contribution retirement pension plan involving
two or more employers and determined by the Minister
Article 16 (Matters to be Stipulated in Standard Contracts)
"Matters prescribed by Presidential Decree" in subparagraph
2 of Article 23 of the Act means the following matters:
1. Matters concerning the implementation of standard rules
under subparagraph 1 of Article 23 of the Act;
2. Matters concerning calculation and payment of costs related
to operation of a defined contribution retirement pension
plan involving two or more employers;
3. Matters concerning the reasons and procedures, etc., for
terminating or changing a contract for operational management
services and asset management services;
4. Other matters necessary for guaranteeing the right of
pension holders to receive benefits, and determined and
announced by the Minister of Employment and Labor.
Article 17 (Limit on Contributions to Individual Retirement Pension
Plans)
"The limit prescribed by Presidential Decree" in the proviso
of Article 24 (3) of the Act means 12 million won a year
excluding lump-sum benefits, etc., paid by previous businesses

under a retirement benefit scheme (the sum of all contributions

in cases where there are several individual retirement pension
plan accounts).
Article 18 (Eligibility Requirements by Type of Benefit under Individual
Retirement Pension Plans and Early Withdrawal)
(1) The eligibility requirements for recipients by type of
benefit under an individual retirement pension plan under
Article 24 (5) of the Act are classified as follows:
1. Annuity: This type of benefit is paid to pension holders
aged 55 or older. In such cases, the duration of payment
shall be five years or longer;
2. Lump sum: This type of benefit is paid to pension holders
aged 55 or older who wish to receive lump-sum benefits.
(2) A pension holder to whom any subparagraph of Article
2 (1) applies may make an early withdrawal of his/her reserves
under an individual retirement pension plan pursuant to Article
24 (5) of the Act.
Article 19 (Special Cases for Businesses Employing Fewer than
Ten Workers)
(1) The eligibility requirements for recipients by type of benefit
under an individual retirement pension plan under Article 25 of the
Act are specified in each subparagraph of Article 17 (1) of the Act.
(2) Fees incurred due to contributions paid by an employer
under Article 25 (2) 2 of the Act shall be borne by the
employer, and fees incurred due to additional contributions
paid by a pension holder under subparagraph 3 of the same
paragraph shall be borne by the pension holder.
(3) "The reasons prescribed by Presidential Decree" in the
main sentence of Article 25 (3) of the Act means cases where a
pension holder retires from the relevant business.
Article 20 (Registration Requirements, etc., for Retirement Pension
Trustees)
(1) "The requirements prescribed by Presidential Decree, such
as financial soundness, personnel and physical requirements" in
the part other than each subparagraph of Article 26 of the Act
means the following requirements:
1. An obligation to meet the following financial soundness
requirements:
A. A person to whom subparagraph 1, 2, 3 or 7 of Article
26 of the Act applies: the capital adequacy ratio under
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4. LABOR STANDARDS
Article 10 (1) of the Act on the Structural Improvement

of the Financial Industry (hereinafter referred to as
"capital adequacy ratio" in this Article) shall be equal to
or above the standard determined and announced by
the Financial Services Commission under paragraph (2)
of the same Article;
B. A person to whom subparagraph 4 or 5 of Article 26 of
the Act applies: the capital adequacy ratio shall be equal
to or above the standard applicable to those falling under
any of subparagraphs 1 through 3 and 7 of Article 26
of the Act, who are most similar to him/her in terms of
business or financial structure, etc.;
C. A person to whom subparagraph 6 of Article 26 of the
Act applies: he/she shall have legal grounds to get
contributions from a fund established under an Act.
2. The person shall have the necessary personnel, such as
those with expertise in operational management services
or asset management services and computer specialists
required to carry out services, as determined and announced
by the Financial Services Commission: Provided that if
some of the operational management services have been
entrusted to another person pursuant to Article 28 (2) of
the Act, he/she shall be deemed to have personnel for
the relevant services;
3. The person shall have computer facilities and offices necessary
for carrying out operational management services or asset
management services, as determined and announced by
the Financial Services Commission. In such cases, the
computer facilities shall have back-up facilities to maintain
the continuity of services in the event of an accident,
such as a power cut or a fire, and computer systems
shall be built up in advance to ensure that any changes
in the contents of the plan, etc., do not cause damage to
pension holders.
(2) Notwithstanding the proviso of paragraph (1) 2, a
retirement pension trustee who intends to carry out the services
specified in Article 28 (1) 2 of the Act must have a pension
accounting specialist who meets all of the following requirements,
as determined and announced by the Financial Services Commission:
1. The person shall be an insurance actuary registered under
Article 182 (1) of the Insurance Business Act;
2. The person shall have at least one year of experience of

working in retirement pension services, lump-sum retirement

trust services or retirement insurance services;
3. The person shall have completed training on pension plan
design and pension accounting determined by the
Financial Services Commission.
(3) The Financial Services Commission shall determine and
announce detailed standards concerning the requirements specified
in paragraph (1) 2 and 3 and paragraph (2). In such cases, it
shall consult with the Minister of Employment and Labor in
advance.
(4) "Other persons prescribed by Presidential Decree" in
subparagraph 7 of Article 26 of the Act means those licensed to
engage in the trust business under the Capital Markets and
Financial Investment Services Act.
(5) The Minister of Employment and Labor shall accept
registration except in cases where an application for registration
under Article 26 of the Act falls under any of the following
subparagraphs:
1. None of the subparagraphs of Article 26 of the Act apply
to the person applying for registration;
2. Where the requirements specified in paragraphs (1) and
(2) are not met.
Article 21 (Measures to Protect Pension Holders in Case of Cancellation,
etc., of Registration)
"The measures for protection of pension holders as prescribed
by Presidential Decree" in Article 27 (4) of the Act means the
following measures:
1. Notifying the employer and pension holders of the fact
that the registration has been cancelled or terminated,
and the details of measures to protect pension holders;
2. Making up for the financial losses to the employer and
pension holders caused by the termination or alteration
of the contract on operational management services or
asset management services;
3. Providing materials, etc., necessary to transfer reserves to
another retirement pension trustee under Article 27 (5) of
the Act and to ensure continuous operation of the
retirement pension plan for the relevant business and
pension holders;
4. Other measures necessary to prevent unreasonable damage
that might be done to employers and pension holders
and determined by the Minister of Employment and Labor.
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4. LABOR STANDARDS
Article 22 (Scope of Operational Management Services)

(1) "Other services prescribed by Presidential Decree" in
Article 28 (1) 5 of the Act means the following services:
1. Establishing and operating an individual retirement pension
plan under Article 24 of the Act;
2. Providing education entrusted by an employer under Article
32 (2) of the Act;
3. The following services in cases where a retirement pension
trustee is a secretariat:
A. Checking whether the ability to pay benefits is secured
and giving notification of the findings under Article 16
of the Act;
B. Calculating contributions under Article 4 (1) 1;
C. Conveying an employer's instructions about the selection
of a retirement pension trustee that pays benefits if a
reason for such payment, such as retirement, occurs to
the retirement pension trustee;
D. Other services necessary for the stable and coherent
operation of the plan, such as signing up new pension
holders and giving notification of the amount of reserves
and status of funds, in cases where a contract for
operational management services under a defined benefit
retirement pension plan is made with multiple retirement
pension trustees.
(2) A retirement pension trustee that is not a secretariat
shall cooperate with the secretariat, such as by providing it
with materials necessary to carry out the services specified in
paragraph (1) 3.
Article 23 (Partial Entrustment, etc., of Operational Management
Services)
(1) "Some of the services prescribed by Presidential Decree"
in Article 28 (2) of the Act means the services specified in
Article 28 (1) 2 through 4 of the Act and Article 22 (1) 2.
(2) "The requirements prescribed by Presidential Decree, such
as personnel and physical requirements" in Article 28 (2) of the
Act means the detailed standards determined and announced by
the Financial Services Commission pursuant to Article 20 (3).
Article 24 (Types of Contracts to Provide Asset Management Services)
"Insurance contracts or trust contracts prescribed by Presidential
Decree" in Article 29 (2) of the Act means an insurance contract

to operate a special account under Article 108 of the Insurance

Business Act or a specified money trust contract under
subparagraph 1 of Article 103 of the Enforcement Decree of the
Capital Markets and Financial Investment Services Act, which
meets all of the following requirements:
1. The amount of reserves shall exceed 150/100 of the amount
of standard liability reserves, and the retirement pension
trustee shall return the surplus to the employer if the
employer demands such a return, pursuant to Article 16
(4) of the Act;
2. Benefits shall be paid in the event of a pension holder's
retirement;
3. A pension holder shall be allowed to directly claim benefits
against the retirement pension trustee: Provided that a
pension holder whose consecutive service period is less
than a year may not be allowed to claim benefits, and
the reserves shall revert to the employer;
4. Upon termination of the contract, the reserves shall be paid
to the pension holders: Provided that reserves for pension
holders whose consecutive service period is less than a
year shall revert to the employer.
Article 25 (Management Methods Guaranteeing Principal and Interest
on Reserves Under Defined Contribution Retirement
Pension Plans and Individual Retirement Pension Plans)
(1) "At least one management method prescribed by
Presidential Decree, which guarantees principal and interest" in
Article 30 (2) 4 of the Act means the following:
1. Management methods offered by a financial institution not
falling short of the standards determined and announced by
the Financial Services Commission with regard to credit
rating, etc.:
A. Deposits and savings deposits handled by a bank under
Article 2 (1) 2 of the Banking Act;
B. Insurance contracts handled by an insurance company
under subparagraph 6 of Article 2 of the Insurance
Business Act and guaranteeing the payment of principal
and interest, such as by guaranteeing a minimum
interest rate on reserves;
C. Contracts for which a financial investment business under
Article 8 of the Capital Markets and Financial Investment
Services Act guarantees the payment of principal and
interest and purchased under a repurchase agreement
▮▮ 665
4. LABOR STANDARDS
under subparagraph 3 B of Article 85 of the Enforcement

Decree of the same Act.
2. Deposits handled by a postal service office under the
Postal Savings and Insurance Act;
3. Currency stabilization bonds of the Bank of Korea under
Article 69 (1) of the Bank of Korea Act, state bonds and
bonds for which the government guarantees the redemption
of principal and interest;
4. Other management methods guaranteeing the redemption
of principal and interest and determined and announced
by the Financial Services Commission.
(2) If the Financial Services Commission intends to determine
or change the standards referred to in paragraph (1) 1 and
management methods specified in subparagraph 4, it shall
consult with the Minister of Employment and Labor.
Article 26 (Management Methods and Standards to Ensure Stable
Management of Reserves)
(1) "Management methods and standards prescribed by Presidential
Decree, such as investment diversification" in Article 30 (2) 5 of
the Act means the following management methods and
standards:
1. Management methods: management methods falling under
any of the following items:
A. Deposits and savings deposits handled by a bank
under Article 2 (1) 2 of the Banking Act;
B. Among insurance contracts handled by an insurance
company under subparagraph 6 of Article 2 of the
Insurance Business Act, those which allow a return of
reserves and are announced by the Financial Services
Commission;
C. Securities under Article 4 of the Capital Markets and
Financial Investment Services Act, which are announced
by the Financial Services Commission. In such cases,
the securities (excluding collective investment securities
under the Capital Markets and Financial Investment
Services Act) shall not be those issued by the employer
or an interested person as determined and announced
by the Financial Services Commission;
D. Deposits handled by a postal service office under the
Postal Savings and Insurance Act;
E. Other management methods necessary for the stable
mid- and long-term management of reserves and determined

and announced by the Financial Services Commission.

2. Standards: the following standards shall be followed:
A. For defined contribution retirement pension plans and
individual retirement pension plans, investment in
high-risk assets as determined by Ordinance of the
Ministry of Employment and Labor shall be made only
in accordance with the method of collective investment
under Article 6 (5) of the Capital Markets and Financial
Investment Services Act. In such cases, the limit on
aggregate investments in such high-risk assets shall
not exceed the standard prescribed by Ordinance of
the Ministry of Employment and Labor;
B. Investments in the management methods specified in
each item of subparagraph 1 shall be made within the
investment limit determined and announced by the
Financial Services Commission for each type of high-risk
asset and within the limit on aggregate investments in
those assets. In such cases, the Financial Services
Commission may set different standards depending on
type of retirement pension plan.
(2) If the Financial Services Commission announces the
matters referred to in paragraph (1) 1 B, C and E and subparagraph
2 B, it shall consult with the Minister of Employment and
Labor in advance.
Article 27 (Scope of Entrustment of Solicitation Business)
"Solicitation business which is prescribed by Presidential
Decree" in the part other than each subparagraph of Article 31
(1) of the Act means the following business:
1. Business of explaining matters related to a retirement
pension plan and its operation to a person who intends
to set up or join a retirement pension plan;
2. Business of introducing or connecting an employer or a
prospective pension holder to a retirement pension trustee;
3. Business of explaining, and providing information on, the
methods of managing reserves before any contract is
entered into;
4. Business of conveying questions and answers between an
employer or a prospective pension holder and a
retirement pension trustee, etc.;
5. Other matters necessary to solicit persons into setting up
or joining a retirement pension plan and determined by
the Minister of Employment and Labor.
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4. LABOR STANDARDS
Article 28 (Requirements for Retirement Pension Plan Solicitors)

(1) "The requirements prescribed by Presidential Decree" in
Article 31 (1) 2 of the Act means the following requirements:
1. A retirement pension plan solicitor shall be a person who
is neither an executive nor an employee of a retirement
pension trustee and is entrusted with solicitation business
under a written contract made with a retirement pension
trustee;
2. A retirement pension plan solicitor shall be a person to
whom any of the following items applies, and shall have
completed the training determined by the Minister of
Employment and Labor. In such cases, detailed matters
concerning the training course and completion thereof are
shown in Table 1:
A. An insurance solicitor or an individual insurance agency
that is registered with the Financial Services Commission
under Articles 84 and 87 of the Insurance Business Act
and has at least one year of experience in the relevant field;
B. An investment solicitor who is registered with the Korea
Financial Investment Association under Article 51 of the
Capital Markets and Financial Investment Services Act
and has at least one year of experience in the relevant field;
C. Other persons deemed by the Minister of Employment
and Labor to have expertise in retirement pension plans.
(2) The training under paragraph (1) 2 shall be entrusted to
an institution that has the necessary manpower, facilities and
equipment as determined by the Minister of Employment and
Labor, and requirements concerning the completion, etc., of the
training course shall be determined by the Minister of Employment
and Labor.
(3) A retirement pension trustee shall have a retirement
pension plan solicitor (hereinafter referred to as "retirement
pension plan solicitor") registered under Article 31 (2) of the
Act receive the refresher training specified in Table 2 within six
months after the beginning of every two years reckoned from
the date of registration.
Article 29 (Entrustment of Registration of Solicitors)
(1) Pursuant to the latter part of Article 31 (2) of the Act,
the Minister of Employment and Labor may select an institution
from among those that have the necessary manpower, facilities
and equipment as determined by the Minister of Employment
and Labor and are designated by the Financial Services Commission

according to the procedures determined by the Minister of

Employment and Labor, and entrust it with registration of
retirement pension plan solicitors.
(2) The period during which registration of solicitors may be
entrusted under paragraph (1) may be determined by the Minister
of Employment and Labor, but shall not exceed three years.
Article 30 (Matters to be Observed by Retirement Pension Plan
Solicitors)
(1) A retirement pension plan solicitor shall not engage in
any of the following acts pursuant to Article 31 (7) 2 of the Act:
1. Performing solicitation business using a name other than
"retirement pension plan solicitor" or in the name of any
other retirement pension plan solicitor;
2. Performing solicitation business based on false information,
providing information different from facts or failing to
provide important information;
3. Performing business beyond the scope of entrusted solicitation
business under Article 27;
4. Entering into a contract for entrustment of solicitation business
with two or more retirement pension trustees;
5. Using information, etc., learned while performing solicitation
business for his/her own benefit or the benefit of a third
person;
6. Entering into a contract on behalf of the retirement pension
trustee that has entrusted the solicitation business or an
employer, etc., who is due to join the plan;
7. Receiving money, securities and other things of property
value from an employer or a pension holder who has set
up or intends to set up a retirement pension plan;
8. Offering or promising to offer special benefits under Article
33 (4) 2 of the Act to an employer or a pension holder
who has set up or intends to set up a retirement pension
plan, or any interested person;
9. Releasing an employer's or a pension holder's instructions
about the methods of managing reserves or giving such
instructions on their behalf;
10. Other forbidden conduct determined and announced by
the Minister of Employment and Labor in order to
protect employers and pension holders and maintain
sound transactions.
(2) Pursuant to Article 31 (7) 2 of the Act, a retirement pension
plan solicitor shall, when performing solicitation business, display
▮▮ 669
4. LABOR STANDARDS
in his/her office a sign or certificate indicating the fact that

he/she is entrusted with solicitation business or produce it to
other parties, and inform the employer, etc., of matters necessary
to protect employers and pension holders and maintain sound
transactions and as determined and announced by the Minister
of Employment and Labor, such as the name of the retirement
pension trustee entrusting the solicitation business.
(3) The Financial Services Commission shall determine and
announce detailed standards relating to each subparagraph of
paragraph (1) and paragraph (2) after consultation with the
Article 31 (Duties of Employers towards Retirement Pension Plan
Stability)
"Matters prescribed by Presidential Decree" in Article 32 (1)
of the Act means the following matters:
1. An employer who has set up or operates the retirement
pay system or a defined benefit retirement pension plan
shall inform the pension holders that the amount of
retirement benefits to be received may be reduced, and
consult with the workers' representative under Article 4 (3)
of the Act (hereinafter referred to as "workers' representative")
about necessary measures, such as the introduction of a
defined contribution retirement pension plan and the
establishment of separate standards for calculation of
benefits, if the amount of benefits to be paid to workers
may be affected by the implementation of the wage peak
system, pay cuts, etc.;
2. An employer shall select a retirement pension trustee,
comprehensively considering its capabilities and expertise
in the overall aspects of a retirement pension plan,
including carrying out operational management services
and asset management services and providing related
services. In such cases, the employer of a business ordinarily
employing 300 workers or more shall, when he/she
reports retirement pension rules under Articles 13 and 19
of the Act or selects or changes his/her retirement pension
trustee, submit a statement of reasons for such selection
and change to the Minister of Employment and Labor;
3. An employer shall provide the retirement pension trustee
with materials, such as collective agreements, employment
rules, labor contracts and payroll records, which are
necessary to calculate contributions, check whether the

employer's ability to pay benefits is secured under Article

16 of the Act, and perform other duties;
4. If an employer entrusts the retirement pension trustee to
provide education to the pension holders pursuant to the
latter part of Article 32 (2) of the Act, the employer shall
cooperate, such as by ensuring that collective education
can be provided.
Article 32 (Education for Retirement Pension Holders)
(1) "Matters prescribed by Presidential Decree, such as the
current status of the retirement pension plan of the business
concerned" in the former part of Article 32 (2) of the Act
means matters classified as follows:
1. The following general matters concerning retirement pension
plans:
A. Matters concerning types of benefits, the characteristics
of each type of retirement pension plan, such as eligibility
requirements and benefit amounts, and differences
therein;
B. Matters concerning the operation of the retirement pension
plan of the business concerned, such as secured loans,
early withdrawal and interest on delayed payment of
contributions;
C. Matters concerning wages, etc., on the basis of which
benefits or contributions are calculated;
D. Matters concerning the procedures for paying benefits
in the event of retirement and the transfer of reserves
to an individual retirement pension plan;
E. Matters concerning taxation, such as tax on pension
income and tax on retirement income;
F. Methods of handling affairs in the case of suspension
or abolition of the retirement pension plan of the
business concerned;
G. Matters concerning the general principles of asset and
liability management taking account of each pension
holder's earnings, assets and debts, age, years of consecutive
service, etc., and the importance of planning for old age.
2. The following matters for setting up of a defined benefit
retirement pension plan:
A. The status of contributions paid over the past three years;
B. Standard benefit amounts by type of benefit;
C. The ratio of reserves to the minimum reserves as of
the end of the preceding business year;
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4. LABOR STANDARDS
D. In cases where a financial stabilization plan is drawn

up, the plan and its implementation status;
E. Other matters concerning the status of reserves, management
targets, etc.
3. The following matters for setting up of a defined contribution
A. The level of contributions for the employer, the date
of contribution and the status of contributions paid;
B. Matters concerning the standard rules and standard
contracts for defined contribution retirement pension
plans involving two or more employers under Article
23 of the Act;
C. Matters concerning the investment principles implemented
to ensure the stable management of reserves, such as
investment diversification;
D. Matters concerning the return structures according to
reserve management method, such as collective investment
securities, basic selling price, investment risk, fees, etc.,
proposed by the retirement pension trustee.
(2) The level of contributions for the employer, the date of
contribution and the status of contributions paid;
B. Matters concerning the standard rules and standard contracts
for defined contribution retirement pension plans involving
two or more employers under Article 23 of the Act;
C. Matters concerning the investment principles implemented
to ensure the stable management of reserves, such as
investment diversification;
D. Matters concerning the return structures according to
reserve management method, such as collective investment
securities, basic selling price, investment risk, fees, etc.,
proposed by the retirement pension trustee.
Article 33 (Conduct Prohibited for Employers)
"Other acts as prescribed by Presidential Decree" in Article
32 (3) 2 of the Act means the following conduct:
1. Deliberately omitting or falsifying materials needed to carry
out operational management services or asset management
services and providing them to the retirement pension
trustee;
2. Requesting the retirement pension trustee to provide services
of economic value other than the supplementary services
prescribed in the contractual terms and conditions or
receiving such services;

3. Requesting the retirement pension trustee to purchase

goods, etc., in return for entering into a contract with
the retirement pension trustee;
4. Requesting the retirement pension trustee to propose fixed
returns on a management method which does not provide
fixed returns or receiving such a proposal; and
5. Failing to draw up a financial stabilization plan or give
notification of it.
Article 34 (Conduct Prohibited for Retirement Pension Trustees)
(1) "Other acts as prescribed by Presidential Decree" in
Article 33 (3) 4 of the Act means the following conduct:
1. Using information learned in relation to carrying out
services, such as the employer's or pension holder's
management instructions, etc., for his/her own benefit or
the benefit of a third person;
2. Demanding the signing of a retirement pension contract
on conditions that the employer, the pension holder or
any interested person is given benefits in terms of
financial transactions, such as extending existing loans or
providing new loans;
3. Forcing the employer or pension holder to choose a particular
management method;
4. Providing the employer or pension holder with judgments
which are conclusive and have no rational grounds, on a
rise or fall in the value of a particular management method;
5. Proposing remarkably favorable terms away from commonly
used ones with regard to the methods of managing
reserves, etc.;
6. Applying different interest rates, etc., on management methods,
for which the retirement pension trustee guarantees the
payment of principal and interest, depending on each
employer or pension holder, without any reasonable grounds;
7. Proposing fixed returns to the employer or pension holder
on a management method which does not provide fixed
returns.
(2) Specific standards under each subparagraph of paragraph
(1) shall be determined and announced by the Financial Services
Commission after consultation with the Minister of Employment
and Labor.
Article 35 (Specific Details of Special Benefits)
(1) "Special benefits as prescribed by Presidential Decree" in
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4. LABOR STANDARDS
Article 33 (4) 2 of the Act means the following benefits:

1. Offering money or goods to induce the signing or continuation
of a contract;
2. Discounting fees not based on the contractual terms and
conditions;
3. Paying all or part of the costs that shall be borne by the
pension holder or employer;
4. Paying interest on loans made by the relevant retirement
pension trustee to the pension holder or employer on his/her
behalf;
5. Providing supplementary services of economic value which
are not based on the contractual terms and conditions;
6. Other economic benefits equivalent to the benefits specified
in subparagraphs 1 through 5 and determined and announced
by the Financial Services Commission.
(2) Specific standards for the benefits specified in each
subparagraph of paragraph (1) shall be determined and announced
by the Financial Services Commission after consultation with the
Article 36 (Education for Individual Retirement Pension Holders)
(1) "Matters prescribed by Presidential Decree, such as the
current status of the retirement pension plan for the business
concerned" in Article 33 (5) of the Act means matters classified
as follows:
1. For individual retirement pension plans under Article 24
(2) of the Act: matters specified in Articles 17 and 18,
Article 32 (1) 1 E and G and Article 32 (1) 3 C and D of
this Decree;
2. For individual retirement pension plans under Article 25
of the Act: matters specified in Article 32 (1) 1 and 3 of
this Decree.
(2) Education methods under paragraph (1) shall be prescribed
by Ordinance of the Ministry of Employment and Labor.
Article 37 (Supervision of Retirement Pension Trustees by the
Financial Services Commission)
(1) "Services prescribed by Presidential Decree" in the part
other than each subparagraph of Article 36 (3) of the Act means
operational management services and asset management services.
(2) The Financial Services Commission may determine and
announce detailed standards necessary for supervision of the
services specified in paragraph (1). In such cases, it shall consult

with the Minister of Employment and Labor in advance.

Article 38 (Measures to be Taken by Employers in Case of Abolition
of the Retirement Pension Plan)
"Measures prescribed by Presidential Decree" in Article 38
(2) of the Act means the following measures:
1. The employer shall submit a report of abolition containing
the following matters to the Minister of Employment and
Labor within one month after the date of abolition of the
A. Consent from the workers' representative to the abolition
of the retirement pension plan;
B. Reasons for abolition of the retirement pension plan
and the date of abolition;
C. Reserves and unpaid contributions of the relevant business
calculated based on the date of abolition of the
retirement pension plan (referring to a reserve shortfall
compared to the amount obtained under Article 16 (1)
2 of the Act for defined benefit retirement pension
plans, and an amount including interest on delayed
payment of contributions for defined contribution retirement
pension plans);
D. Measures to resolve unpaid contributions, such as the
expected date of payment thereof (limited to defined
contribution retirement pension plans).
2. The employer shall notify the pension holders of the
following matters:
A. Matters specified in subparagraph 1 C;
B. Benefit statements and payment procedures;
C. A period subject to the interim settlement under Article 40;
D. Measures to resolve unpaid contributions, such as the
expected date of payment thereof (limited to defined
contribution retirement pension plans).
3. The employer shall pay unpaid contributions within 14
days after the date of abolition of the retirement pension
plan and have the retirement pension trustee pay out
benefits.
Article 39 (Basic Services to be Maintained in Case of Suspension
of a Retirement Pension Plan)
"The basic services prescribed by Presidential Decree" in
Article 38 (3) of the Act means services classified as follows:
1. The following services from employers:
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4. LABOR STANDARDS
A. Publicly notifying the pension holders of reasons for

the suspension, the date of suspension, a schedule for
resumption, measures to handle the suspension period,
such as plans to pay unpaid contributions if there are
unpaid contributions, and so on;
B. Providing education for pension holders under the
former part of Article 32 (2) of the Act;
C. Measures necessary to carry out the services prescribed
by Acts and subordinate statutes, etc., in regard to claims
for payment of benefits, management of reserves, etc.,
even in the event of suspension of the operation of a
retirement pension plan;
D. Other services determined by the Minister of Employment
and Labor in order to maintain the continuity of a
retirement pension plan and protect pension holders.
2. The following services from retirement pension trustees:
A. Paying benefits upon retirement, etc., of pension holders;
B. Providing education for pension holders entrusted under
the latter part of Article 32 (2) of the Act;
C. Services prescribed by Acts and subordinate statutes
and contracts on operational management services and
asset management services in regard to payment of
benefits, management of reserves, notification of status
of the retirement funds, etc.;
D. Other services determined by the Minister of Employment
and Labor in order to maintain the continuity of a
retirement pension plan and protect pension holders.
Article 40 (Period Subject to Interim Settlement in Case of Abolition
of a Retirement Pension Plan)
If benefits are deemed to be paid in an interim settlement
under Article 38 (4) and (5) of the Act, the amount of the
interim payment (limited to defined benefit retirement pension
plans) and the period subject to interim settlement are classified
as follows:
1. For defined benefit retirement pension plans: the amount
of the interim payment shall be calculated by proportionally
dividing the amount of reserves accumulated by each
business among the pension holders in consideration of
their consecutive service periods, average wages and the
benefit levels under subparagraph 4 of Article 13 of the
Act, with the period subject to the interim settlement
calculated based on the amount of the interim payment;

2. For defined contribution retirement pension plans and

individual retirement pension plans under Article 25 (1)
of the Act: the period subject to interim settlement shall
be from the day each pension holder joined the retirement
pension plan until the last day of a period corresponding
to the contributions paid by the employer.
Article 41 (Entrustment and Delegation of Authority)
(1) The Minister of Employment and Labor shall entrust the
following authority to the Financial Services Commission
pursuant to Article 42 (1) of the Act:
1. Registration of retirement pension trustees under Article
26 of the Act;
2. Cancellation of registration of retirement pension trustees
and issuance of orders for transfer of services under
3. Cancellation of registration of retirement pension plan
solicitors and suspension of business under Article 31 (6)
of the Act;
4. Issuance of corrective orders and orders for transfer of
services under Article 36 (1) and (2) of the Act (including
requests for reporting and submission of documents
under Article 40 of the Act to the extent necessary for
the exercise of the relevant authority);
5. Hearings under Article 41 of the Act;
Article 48 of the Act (limited to imposition and collection
of fines for negligence against retirement pension trustees).
(2) The Financial Services Commission may determine and
announce detailed standards necessary for performing the duties
specified in paragraph (1) 1 though 4. In such cases, it shall
consult with the Minister of Employment and Labor in advance.
(3) If the Financial Services Commission cancels registration
of a retirement pension plan solicitor and suspends his/her
business pursuant to paragraph (1) 3, it shall inform the
Minister of Employment and Labor of the details and grounds.
following authority to the Governor of the Financial Supervisory
Service pursuant to Article 42 (1) of the Act:
1. Approval of a standard contracts under subparagraph 2
of Article 23 of the Act;
2. Checking for violations of the matters to be observed by
retirement pension plan solicitors under Article 31 (7) of
the Act.
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4. LABOR STANDARDS
(5) The Governor of the Financial Supervisory Service shall,

if a retirement pension plan solicitor is found to have violated the
matters to be observed as a result of a check under subparagraph
(4) 2, inform the Financial Services Commission of the details of
such violation.
necessary in order to protect employers and pension holders
and maintain sound transactions, request that the Governor of
the Financial Supervisory Service perform a check under paragraph
(4) 2, and after such a check, the Governor of the Financial
Supervisory Service shall submit the findings in writing to the
labor offices pursuant to Article 42 (1) of the Act:
1. Receipt of retirement pension rules reported under Articles
13 and 19 of the Act;
2. Issuance of corrective orders and orders for suspension of
operation of a retirement pension plan under Article 35
of the Act;
3. Requests for reporting, submission of documents or physical
presence under Article 40 (1) of the Act and questioning
and investigation under paragraph (2) of the same Article;
Article 48 of the Act (limited to imposition and collection
of fines for negligence against employers);
5. Receipt of statements of reasons for selection or change of
a retirement pension trustee under the latter part of
6. Receipt of reports on abolition of a retirement pension
plan under subparagraph 1 of Article 38.
(8) The Financial Services Commission shall entrust authority
over the measures specified in Article 36 (3) 1 of the Act (excluding
demands for dismissal of an employee) to the Governor of the
Financial Supervisory Service pursuant to Article 42 (2) of the Act.
The criteria for imposition of fines for negligence under
Article 48 (1) and (2) of the Act are shown in Table 3.
Article 43 (Management of Unique Identifying Information)
to whom the authority of the Minister of Employment and Labor

is entrusted or delegated pursuant to Article 41), an employer, a

retirement pension trustee, a person entrusted with operational
management services by a retirement pension trustee under Article
28 (2) of the Act or an institution entrusted with registration of
retirement pension plan solicitors under the latter part of Article
31 (2) of the Act may manage data containing resident registration
numbers under subparagraph 1 of Article 19 of the Enforcement
Decree of the Personal Information Protection Act or foreigner
registration numbers under subparagraph 4 of the same Article,
if it is inevitable in order to perform the following duties:
1. Duties concerning the registration of a retirement pension
trustee under Article 26 of the Act;
2. Duties concerning the cancellation of registration of a
retirement pension trustee and transfer orders under
3. Duties concerning the signing of a contract for operational
management services under Article 28 of the Act;
4. Duties concerning the signing of a contract for asset
management services under Article 29 of the Act;
5. Duties necessary for the provision of operational management
services under Article 30 of the Act;
6. Duties concerning the entrustment of solicitation business,
the registration of retirement pension plan solicitors, the
cancellation of registrations, the suspension of solicitation
business, etc., under Article 31 of the Act;
7. Duties necessary for the provision of education entrusted
by an employer under Article 32 (2) of the Act;
8. Duties concerning the submission of performance results
of a retirement pension plan under Article 33 (6) of the Act;
9. Duties concerning supervision over employers under Article
35 of the Act;
10 Duties concerning supervision over retirement pension
trustees under Article 36 of the Act;
11. Duties concerning requests for provision of information
on financial transactions under Article 37 of the Act;
12. Duties concerning cooperation under Article 39 of the Act;
13. Duties concerning reporting and investigation under Article
40 of the Act.
Addenda
▮▮ 679
4. LABOR STANDARDS

(9) Parts of the Enforcement Decree of the Employee
Retirement Benefit Security Act shall be revised as follows:
"Minister of Finance and Economy and the Financial
Supervisory Commission" in Article 2 (1) 3 shall be changed to
"Minister of Strategic Planning and Finance and the Financial
Services Commission".
"Financial Supervisory Commission" in the former part of
Article 13 (1) 1, the former part of Article 13 (2), Article 16 (1)
1 and 3, Article 16 (2), Article 17 (1) 1 D and E, Article 17 (1)
2, Article 17 (2), title of Article 22, the former part of Article 22
(3), parts other than each subparagraph of Article 25 (1), the
former part of Article 25 (2) and Article 25 (4) shall be changed
to "Financial Services Commission."
Addenda

Article 2 (1), Article 2 (3), the proviso to Article 9, the latter
part of Article 13 (2), Article 14 (3), Article 16 (2), Article 17
(2), the latter part of Article 22 (3), parts other than each
subparagraph of Article 25 (1), the latter part of Article 25 (2),
(1), the former part of Article 26 (2) and subparagraph 8 in the
offense column of Table shall be changed to "Minister of
"Ministry of Labor" in Article 2 (1) 3 and Article 2 (3) shall

be changed to "Ministry of Employment and Labor".

"Ordinance of the Ministry of Labor" in subparagraph 3 of
Article 8, the latter part of Article 17 (1) 2 A, the latter part of
Article 17 (1) 2 B and Article 26 (4) shall be changed to
"Ordinance of the Ministry of Employment and Labor".
of Article 25 (3) shall be changed to "local employment and
labor offices".
Addenda

promulgation: Provided that the amended provision of Article
8-2 shall enter into force on December 1, 2010.
Article 2 (Enforcement Date of Act for Businesses Ordinarily Employing
Four or Fewer Workers)
"A date prescribed by Presidential Decree" in the proviso to
Article 1 of the Addenda to the Employee Retirement Benefit
Security Act amended by Act No. 7379 means December 1, 2010.
Addenda

This Decree shall enter into force on November 18, 2010.
Articles 2 and 3 Omitted
"Financial institutions" in Article 17 (1) 1 A shall be changed
to "banks"
Article 5 Omitted.
▮▮ 681
4. LABOR STANDARDS
Addenda

Application of the criteria for imposition of fines for negligence
to offenses committed before this Decree enters into force shall
be governed by the previous provisions notwithstanding the
amended provisions of the Table.
Addendum
Addenda

Article 2 (Applicability concerning Payment of Fees)
For businesses that have a retirement pension plan at the
time this Decree enters into force, the amended provisions of
Articles 4 (4), 10 (2) and 19 (2) shall apply to fees incurred
after July 26, 2013.
Article 3 (Transitional Measures concerning Insurance Accounting
Specialists)
Persons registered as retirement pension trustees at the time
this Decree enters into force under the previous provisions shall
have a pension accounting specialist under the amended
provisions of Article 20 (2) no later than July 25, 2013.
Article 4 (Retirement Insurance, etc., Deemed as retirement pay
System)
(1) "Retirement insurance or a lump-sum retirement trust
prescribed by Presidential Decree" in the main sentence of
Article 2 (1) of Addenda to the Employee Retirement Benefit
Security Act as wholly amended by Act No. 10967 refers to an
insurance or a trust (hereinafter referred to as "retirement
insurance, etc.") that meet all of the following requirements:

1. Retiring workers shall be allowed to directly choose and

claim lump-sum or annuity benefits (excluding instances
where a lump-sum retirement trust was joined: hereinafter
the same shall apply) against the financial institution
(hereinafter referred to as "insurance provider, etc.") handling
the retirement insurance, etc.,: Provided that a worker
whose consecutive service period is less than one year
shall not be allowed to claim lump-sum or annuity benefits,
and the lump-sum and annuity benefits shall revert to
the employer;
2. Refunds (hereinafter referred to as "cancellation refunds")
in the case of cancellation of the contract of retirement
insurance, etc., shall be paid to workers who are the
insured or beneficiaries (hereinafter referred to as "the
insured, etc."): Provided that cancellation refunds for
workers who are the insured, etc., and have a consecutive
service period of less than one year shall revert to the
employer;
3. The right of workers who are the insured, etc., to receive
lump-sum or annuity benefits or cancellation refunds under
the retirement insurance, etc., shall not be transferred to
any other person or offered as collateral;
4. The insurance provider, etc., shall make the insured, etc.,
aware of the contents of the contract before entering into
a contract for retirement insurance, etc., and after entering
into the contract, give them notification of it;
5. The insurance provider, etc., shall give notification to the
insured, etc., of the status of insurance premiums or trust
contributions paid and the estimated amount of lump-sum
or annuity benefits every year.
(2) If workers who are the insured, etc., have received
cancellation refunds pursuant to the main sentence of paragraph
(1) 2, he/she shall be deemed to have received in advance an
equivalent amount of retirement pay that shall be paid under
(3) If the amount of lump-sum benefits under the retirement
insurance, etc., is less than that of retirement pay under Article
8 (1) of the Act, the employer shall pay the difference to the
retiring worker.
(4) If the employer and workers have canceled the retirement
insurance, etc., and decided to implement a defined benefit
retirement pension plan or defined contribution retirement pension
▮▮ 683
4. LABOR STANDARDS
plan, cancellation refunds may not be paid to workers who are

the insured, etc., notwithstanding paragraph (1) 2.
(1) Parts of the Enforcement Decree of the Kaesong
Industrial Zone Support Act shall be revised as follows:
"Article 30 of the Employee Retirement Benefit Security Act
and Article 25 of the Enforcement Decree of the same Act" in
Article 11 (4) 3 shall be changed to "Article 42 of the Employee
Retirement Benefit Security Act and Article 41 of the
Enforcement Decree of the same Act".
(2) Parts of the Enforcement Decree of the Agricultural
Cooperatives Act shall be revised as follows:
"retirement pay for the final three years, for which the
preferential payment right is recognized under Article 11 (2) of
the Employee Retirement Benefit Security Act" in Article 50 (1)
2 shall be changed to "retirement benefits, etc., for the final
three years, for which the preferential payment right is recognized
under Article 12 (2) of the Employee Retirement Benefit Security Act".
(3) Parts of the Enforcement Decree of the Insurance
Business Act shall be revised as follows:
"Article 16 (2) of the Employee Retirement Benefit Security
Act" in Article 15 (1) 2 shall be changed to "Article 29 (2) of
the Employee Retirement Benefit Security Act".
"Subparagraph 12 of Article 2 of the Employee Retirement
Benefit Security Act" in Article 16 (2) 8 shall be changed to
"subparagraph 13 of Article 2 of the Employee Retirement
Act" in subparagraph 6 of Article 86 shall be changed to
"Article 28 (2) of the Employee Retirement Benefit Security Act".
(4) Parts of the Enforcement Decree of the Forestry
Cooperatives Act shall be revised as follows:
three years, for which the preferential payment right is
recognized under Article 12 (2) of the Employee Retirement
(5) Parts of the Enforcement Decree of the Mutual Savings
Banks Act shall be revised as follows:


three years, for which the preferential payment right is
recognized under Article 12 (2) of the Employee Retirement
(6) Parts of the Enforcement Decree of the Community
Credit Cooperatives Act shall be revised as follows:
Act" in Article 54 (1) 2 shall be changed to "Article 12 (2) of
(7) Parts of the Enforcement Decree of the Income Tax Act
"Insurance contract under Article 16 (2) of the Employee
Retirement Benefit Security Act and retirement insurance contract
under Article 2 (1) of Addenda to the same Act" in Article 25
(2) 1 shall be changed to "insurance contract under Article 29
(2) of the Employee Retirement Benefit Security Act and
retirement insurance contract under Article 2 (1) of Addenda to
the Employee Retirement Benefit Security Act as amended by
Act No. 7379".
"Insurance or trust under Article 16 (2) of the Employee
Retirement Benefit Security Act" in the main sentence of Article
38 (1) 15 shall be changed to "insurance contract or trust
contract under Article 29 (2) of the Employee Retirement Benefit
Security Act".
Article 42-2 (1) 6 B shall be deleted, and "defined contribution
retirement pension and individual retirement account" in item C
of the same subparagraph shall be changed to "defined contribution
retirement pension plan and individual retirement pension plan".
"Defined contribution retirement pension or individual retirement
account" in Article 42-2 (5) shall be changed to "defined
contribution retirement pension plan or individual retirement
pension plan account".
"The provisions of Article 2 (1) of Addenda to the Employee
Retirement Benefit Security Act" in Article 51 (3) 4-2 B shall be
changed to "Article 2 (1) of Addenda to the Employee Retirement
Benefit Security as amended by Act No. 7379" and "Article 16
(2) of the Employee Retirement Benefit Security Act" in item C
of the same subparagraph to "Article 29 (2) of the Employee
Retirement Benefit Security Act".
"Defined contribution retirement pension under Article 13 of
▮▮ 685
4. LABOR STANDARDS
the Employee Retirement Benefit Security Act or individual

retirement account under Article 26 of the same Act" in Article
55 (3) shall be changed to "defined contribution retirement
pension plan under Article 19 of the Employee Retirement
Benefit Security Act or individual retirement pension plan under
Article 25 of the same Act, and "each subparagraph of Article
15 of the Enforcement Decree of the Employee Retirement
Benefit Security Act" in paragraph (5) 4 of the same Article to
"each subparagraph of Article 24 of the Enforcement Decree of
References to the previous provisions of the Enforcement
Decree of the Employee Retirement Benefit Security Act in other
Acts and subordinate statutes at the time this Decree enters into
force shall be deemed to be references to the corresponding
provisions of this Decree, if any, in lieu of the previous provisions.
Addenda
Enforcement Decree of the Employment Insurance Act>

Parts of the Enforcement Decree of the Employee Retirement
Benefit Security Act shall be revised as follows:
"Article 28 (1) 1 through 3 of the Enforcement Decree of the
Employment Insurance Act" in Article 3 (1) 6 shall be changed
to "Article 28 (1) 1 and 2 of the Enforcement Decree of the
Employment Insurance Act".

Detailed Matters on Training Courses for Retirement

Pension Plan Solicitors & Completion Thereof
(relating to Article 28 (1) 2)
Classification Contents
 Understanding of the retirement pension system

 Understanding of the Employee Retirement Benefit
Security Act and its subordinate statues
Training Subjects  Understanding of labor laws and regulations related to
the retirement pension system, and matters to be
observed by solicitors
Duration 20 hours or more
Criteria for
Completion An average score of 70% or higher shall
Criteria for
be earned to pass (40% or higher on
Completion
each subject).
▮▮ 687
4. LABOR STANDARDS
Detailed Matters on Refresher Training for Retirement

Pension Plan Solicitors
Classification Details
 Understanding of the retirement pension system,

 Understanding of the Employee Retirement Benefit
Training Subjects
Security Act and its subordinate statutes and matters to
be observed by solicitors
Training Duration 10 hours or more


1. General criteria
The Minister of Employment and Labor may reduce the amount of a fine
for negligence set forth in the specific criteria under subparagraph 2 by up
to one half thereof, if any of the following items apply to the offender:
Provided, however, that this shall not apply to an offender who delays
payment of a fine for negligence:
A. Where any subparagraph of Article 2-2 (1) of the Enforcement Decree
of the Act on the Regulation of Violations of Public Order applies to
the offender;
B. Where the offender has a reason, such as suffering a considerable loss
of property due to a natural disaster, fire, etc., or facing a serious
C. Where the offense is deemed to have been caused by a mistake, such
as minor carelessness or error;
D. Other cases where it is deemed necessary to reduce the amount of a
fine for negligence in consideration of the degree of the offense, the
motive and consequences, etc.
Amount of fine for

Offense Provision
negligence
A. Where an employer fails to report Article 48 (2) 1 5 million won

defined benefit retirement pension rules of the Act
under Article 13 of the Act or defined
contribution retirement pension rules
under Article 19 of the Act
B. Where a retirement pension trustee fails Article 48 (2) 3 5 million won

to comply with the terms of a contract of the Act
under Article 28 (1) and Article 29 (1) of
the Act
C. Where an employer who has set up a Article 48 (1) 1 10 million won

retirement pension plan fails to provide of the Act
the pension holders with education for
pension holders that shall be provided
once every year, in violation of Article
32 (2) of the Act
▮▮ 689
4. LABOR STANDARDS
Amount of fine for

Offense Provision
negligence
D. Where an employer violates the duties Article 48 (2) 2 5 million won
referred to in Article 32 (3) 2 of the Act of the Act
E. Where a retirement pension trustee fails Article 48 (1) 2 10 million won

to provide individual retirement pension of the Act
holders with education for pension
holders that shall be provided once every
year, in violation of Article 33 (5) of the
Act
F. Where a retirement pension trustee fails Article 48 (2) 3 5 million won

to submit the performance results of a of the Act
retirement pension plan to the Minister
of Employment and Labor and the
Governor of the Financial Supervisory
Service in violation of Article 33 (6) of
the Act

WAGE CLAIM GUARANTEE ACT

Act No. 5513, Feb. 20, 1998

Act No. 6334, Dec. 30, 2000
Act No. 7047, Dec. 31, 2003
Act No. 7379, Jan. 27, 2005
Act No. 7466, Mar. 31, 2005
Act No. 8093. Dec. 26, 2006
Act No. 8135, Dec. 30, 2006
Act No. 8372, Apr. 11, 2007
Act No. 8373, Apr. 11, 2007
Act No. 8694, Dec. 14, 2007
Act No. 8816, Dec. 27, 2007
Act No. 9339, Jan. 7, 2009
Act No. 9792, Oct. 9, 2009
Act No. 9794, Oct. 9, 2009
Act No. 9991, Jan. 27, 2010
Act No. 10320, May 25, 2010
Act No. 10339, Jun. 4, 2010
Act No. 10967, Jul. 25, 2011
Act No. 11277, Feb. 1, 2012
Act No. 12528, Mar. 24, 2014
CHAPTER Ⅰ
General Provisions
Article 1 (Purpose)
The purpose of this Act is to contribute to stabilization of
workers’ livelihoods by coming up with measures to guarantee
the payment of overdue wages, etc., to workers who have retired
without receiving their wages, etc., because companies were unable
to continue their business, or their management was unstable
due to economic fluctuation, changes in industrial structure, etc.
Article 2 (Definitions)
Terms used in this Act are defined as follows: <Amended by
Act No. 9991, Jan. 27, 2010>
1. The term “worker” means a worker under Article 2 of the
Labor Standards Act;
2. The term “employer” means a person who operates a business
▮▮ 691
4. LABOR STANDARDS
by using workers;
3. The term “wages, etc.” means wages, retirement pay and
allowances for suspension of business under Articles 2, 34
and 46 of the Labor Standards Act; and
4. The term "remuneration" means remuneration under
subparagraph 3 of Article 2 of the Act on the Collection,
etc. of Premiums for Employment Insurance and Industrial
Accident Compensation Insurance.
This Act shall apply to businesses or workplaces (hereinafter
referred to as “businesses”) under Article 6 of the Industrial
Accident Compensation Insurance Act: Provided that this shall
not apply to any business which is carried out directly by the
State or local governments.
Article 3, Article 5 (4) and (5), Article 6 (2) through (4) and
Article 8 of the Act on the Collection, etc., of Premiums for
Insurance (hereinafter referred to as “the Insurance Premium
Collection Act”) shall apply mutatis mutandis to wage claim
guarantee relations.
Article 5 (Defrayment out of State Treasury)
The State shall, within the limits of the budget of every
fiscal year, defray part of the costs of carrying out the work of
guaranteeing the payment of wage claims under this Act, out of
the general account.
Article 6 (Deliberation Commission on Wage Claim Guarantee Fund)
(1) The Deliberation Commission on Wage Claim Guarantee
Fund (hereinafter referred to as “Commission”) shall be
established in the Ministry of Employment and Labor in order
to deliberate on important matters relating to the management
and operation of the Wage Claim Guarantee Fund under Article
17. <Amended by Act No. 10339, Jun. 4, 2010>
(2) The Commission shall be composed of members representing
workers, members representing employers, and members representing
the public interest, and their numbers shall be equal.

(3) Matters necessary for the organization and operation of

the Commission shall be prescribed by the Presidential Decree.
CHAPTER Ⅱ
Guarantee of Payment of Wage Claims
Article 7 (Payment of Overdue Wages, etc.)

(1) Notwithstanding the provision of Article 469 of the Civil
Act concerning payment by a third person, if an employer has
any of the following reasons, such as bankruptcy, and any of
his/her retired workers claims his/her unpaid wages, etc., the
Minister of Employment and Labor shall pay such unpaid
wages, etc., to the worker on behalf of the employer: <Amended
by Act No. 10339, Jun. 4, 2010 and Act No. 12528, Mar. 24, 2014>
1. Where a decision to commence rehabilitation procedures
is made under the Debtor Rehabilitation and Bankruptcy
Act;
2. Where a decision to declare bankruptcy is made under
the Debtor Rehabilitation and Bankruptcy Act; and
3. Where the Minister of Employment and Labor deems the
employer incapable of paying unpaid wages, etc., in
accordance with the conditions and procedures prescribed
(2) The scope of wages, etc., to be paid by the Minister of
Employment and Labor on behalf of an employer pursuant to
paragraph (1) (hereinafter referred to as “subrogated payment”)
shall be as follows: Provided that a ceiling may be put on the
amount in consideration of a worker's age, etc., at the time of
retirement, as prescribed by the Presidential Decree, and the
subrogated payment may not be made if the amount is small:
25, 2011>
1. Wages under Article 38 (2) 1 of the Labor Standards Act;
and retirement benefits, etc., for final three years under
Article 12 (2) of the Employee Retirement Benefit Security
Act.
2. Allowances for suspension of business (limited to those
▮▮ 693
4. LABOR STANDARDS
for final three months) under Article 46 of the Labor

Standards Act.
(3) The criteria for workers and employers who are subject
to subrogated payment shall be prescribed by the Presidential
Decree.
(4) When a worker who meets the criteria prescribed by the
Ordinance of the Ministry of Employment and Labor, such as
size of workplace, claims a subrogated payment pursuant to
paragraph (1), he/she may receive assistance from a certified
labor affairs consultant prescribed by the Ordinance of the
Ministry of Employment and Labor in preparing a claim for
subrogated payment, verifying facts, etc. <Newly Inserted by Act
No. 10320, May 25, 2010 and Amended by Act No. 10339, Jun. 4, 2010>
(5) If a worker receives assistance from a certified labor
affairs consultant pursuant to paragraph (4), the Minister of
Employment and Labor may subsidize all or part of the expenses,
and matters concerning the amount of subsidy, the specific
payment method, etc. shall be prescribed by the Ordinance of
the Ministry of Employment and Labor. <Newly Inserted by Act
No. 10320, May 25, 2010 and Amended by Act No. 10339, Jun. 4, 2010>
(6) Other matters necessary for requests for and payment,
etc. of subrogated payments shall be prescribed by the Presidential
Decree. <Amended by Act No. 10320, May 25, 2010>
Article 7-2 (Loans to Employers for Overdue Wages, etc.)
(1) If an employer fails to pay wages, etc., to retired
workers due to any of the reasons prescribed by the Ordinance
of the Ministry of Employment and Labor, such as temporary
business difficulties, the Minister of Employment and Labor may
provide a loan at the request of the employer to cover the cost
required to pay the overdue wages, etc.
(2) The amount of loan under paragraph (1) shall be paid
directly to the workers concerned by the Minister of Employment
and Labor.
(3) Specific criteria for provision of loans for overdue wages,
etc., loan amounts, period and procedures, etc., shall be prescribed
Article 8 (Subrogation of Right to Claim Unpaid Wages, etc.)
(1) If the Minister of Employment and Labor has made a
subrogated payment to a worker pursuant to Article 7, the right

of the worker to claim unpaid wages, etc., against his/her

employer shall be transferred to the Minister of Employment
(2) The right to preferential payment of wage claims under
Article 38 (2) of the Labor Standards Act and the right to
preferential payment of retirement benefits, etc., under Article 12
(2) of the Employee Retirement Benefit Security Act shall
continue to exist with regard to the right transferred under
paragraph (1). <Amended by Act No. 10967, Jul. 25, 2011>
Article 9 (Charges Imposed on Employers)
(1) The Minister of Employment and Labor shall collect
charges from employers in order to cover expenses incurred in
making a subrogated payment of unpaid wages, etc., under
(2) The amount of charges to be borne by an employer
pursuant to paragraph (1) shall be an amount calculated by
multiplying the total remuneration of all workers engaging in
the business by the rate of charges determined by the Minister
Employment and Labor after deliberation by the Commission,
but not exceeding 2/1000. <Amended by Act No. 9991, Jan. 27,
2010 and Act No. 10339, Jun. 4, 2010>
(3) If it is difficult to determine the total amount of remuneration,
it shall be determined based on the labor cost ratio announced
pursuant to Article 13 (6) of the Insurance Premium Collection
Act. <Amended by Act No. 9991, Jan. 27, 2010>
(4) Article 9 of the Insurance Premium Collection Act
concerning blanket application for contract business shall apply
mutatis mutandis to the collection of charges under paragraph
(1). In such cases, “Corporation” in the proviso to Article 9 (1)
of the same Act shall be read as “Minister of Employment and
Labor”. <Amended by Act No. 10339, Jun. 4, 2010>
Article 10 (Reduction of Charges)
The Minister of Employment and Labor may reduce charges
under Article 9 for employers falling under any of the following
subparagarphs. In such cases, the criteria for the reduction shall
be determined by the Minister of Employment and Labor after
deliberation by the Commission: <Amended by Act No. 10339,
Jun. 4, 2010 and Act No. 10967, Jul. 25, 2011>
1. Deleted. <Presidential Decree No. 12528, Mar. 24, 2014>
▮▮ 695
4. LABOR STANDARDS
2. Employers who have calculated and paid in advance

retirement pay pursuant to the Labor Standards Act or
the Employee Retirement Benefit Security Act;
3. Employers who have taken out retirement insurance, etc.
pursuant to Article 2 (1) of the Addenda of the Employee
Retirement Benefit Security Act as amended by Act no.
7379 and employers who have established a defined benefit
retirement pension plan under Chapter Ⅲ of the Employee
Retirement Benefit Security Act, a defined contribution
retirement pension plan under Chapter IV of the same
Act or an individual retirement pension plan under
Article 25 of the same Act;
4. Employers who have taken out departure guarantee insurance
or trust pursuant to Article 13 of the Act on the Employment,
etc. of Foreign Workers.
Article 11 (Protection for Right to Receive Subrogated Payments)
(1) The right to receive subrogated payments shall not be
transferred or provided as collateral.
(2) A receipt of subrogated payments may be delegated as
(3) A worker who is a minor may independently claim a
subrogated payment.
Article 12 (Proof, etc., of Retirement)
(1) A person who intends to receive a subrogated payment
under Article 7 shall submit documents proving his/her retirement
and other documents prescribed by the Ordinance of the Ministry
of Employment and Labor to the Minister of Employment and
(2) If a worker requests any documents prescribed in paragraph
(1), the employer shall comply with the request.
Article 13 (Order to Submit Property List)
make a subrogated payment to a worker pursuant to Article 7,
he/she may order the employer concerned to submit a property
list indicating detailed property relationship, as prescribed by
(2) An employer who is ordered to submit a property list

pursuant to paragraph (1) shall submit a property list indicating

detailed property relationship to the Minister of Employment
and Labor within seven days, unless there is any special reason.
Article 14 (Recovery of Undue Gains)
(1) The Minister of Employment and Labor may not pay or
give any person who intends to receive a subrogated payment
or loan under Articles 7 and 7-2 (1) in a false or any other
fraudulent way all or part of the subrogated payment or loan
requested, as prescribed by the Presidential Decree. <Amended by
Act No. 10339, Jun. 4, 2010; Act No. 11277, Feb. 1, 2012; and Act
No. 12528, Mar. 24, 2014>
(2) If a person who has already received a subrogated
payment or loan under Articles 7 and 7-2 (1) falls under any of
the following subparagraphs, the Minister of Employment and
Labor shall recover all or part of the subrogated payment or loan
in accordance with the method prescribed by the Presidential
Decree: <Newly Inserted by Act No. 12528, Mar. 24, 2014>
1. Where the person has received the subrogated payment
or loan in a false or any other fraudulent way;
2. Where there is any other subrogated payment or loan
wrongly paid.
(3) If a subrogated payment is recovered pursuant to paragraph
(2), an amount not exceeding the amount of subrogated payment
received in a false or any other fraudulent way may be additionally
collected in accordance with the standards prescribed by the
by Act No. 10339, Jun. 4, 2010 and Act No. 12528, Mar. 24, 2014>
(4) In the case of paragraph (2), if a subrogated payment or
loan is made by fraudulent means, such as making a false report,
making a false statement or false certification or submitting false
documents, the employer, jointly with the person who received
the subrogated payment or loan, shall take responsibility for the
return under paragraph (2). <Amended by Act No. 11277, Feb. 1,
2012 and Act No. 12528, Mar. 24, 2014>
<Title of This Article Amended by Act No. 12528, Mar. 24, 2014>
Article 15 (Payment of Reward Money)
If a person reports to or informs a local employment and
labor office or an investigation agency that a subrogated payment
▮▮ 697
4. LABOR STANDARDS
has been received in a false or any other fraudulent way, he/she

may be given reward money in accordance with the standards
10339, Jun. 4, 2010>
Articles 16-2 through 16-11, 17 through 19, 19-2, 20 22-2,
22-3, 23 through 25, 26-2, 27, 27-2, 27-3, 28, 28-2 through 28-7,
29, 29-2, 30, 32 through 37, 39 and 50 of the Insurance Premium
Collection Act shall apply mutatis mutandis with regard to the
payment and collection (including requests for the return of a
subrogated payment) of charges or other levies under this Act.
In such cases, “insurance subscriber” in the same Act shall be
read as “employer”, “premiums” as “charges”, “insurance” as
“wage claim guarantee”, “insurance activities” as “wage claim
guarantee activities”, “Corporation” or "National Health Insurance
Corporation" as “Minister of Employment and Labor” (referring
to the Korea Workers' Compensation & Welfare Service or the
National Health Insurance Corporation entrusted with the
authority where the authority where such authority is entrusted
pursuant to Article 27 of the Act), “estimated premium” as
“estimated charge”, “insurance year” as “fiscal year”, “insurance
relations” as “wage claim guarantee relations”, “premium rate”
as “charge rate”, “final premiums” as “final charges”, and
“Employment Policy Council under Article 10 of the Framework
Act on Employment Policy or Deliberation Committee on Industrial
Accident Compensation Insurance and Prevention under Article
8 of the Industrial Accident Compensation Insurance Act” as
“Commission". <Amended by Act No. 9792, Oct. 9, 2009; Act No.
9991, Jan. 27, 2010; and Act No. 10339, Jun. 4, 2010>
CHAPTER Ⅲ
Wage Claim Guarantee Fund
Article 17 (Establishment of Fund)

The Minister of Employment and Labor shall establish the
Wage Claim Guarantee Fund(hereinafter referred to as “Fund”)

to finance subrogated payments under Article 7. <Amended by

Act No. 10339, Jun. 4, 2010>
Article 18 (Creation of Fund)
(1) The Fund shall be created with the following financial
resources:
1. Payments made by employers under Article 8;
2. Charges paid by employers under Article 9;
3. Loans under paragraph (2);
4. Revenues from the operation of the Fund;
5. Other revenues
(2) The Minister of Employment and Labor may, if necessary
for the operation of the Fund, borrow from financial institutions
or other funds on the security of the Fund. <Amended by Act
No. 10339, Jun. 4, 2010>
The fund shall be used for the following purposes:
<Amended by Act No. 9991, Jan. 27, 2010; Act No. 10320, May 25,
2010; and Act No. 11277, Feb. 1, 2012>
1. To make subrogated payments and return the amount
mistakenly paid, etc.,;
2. To subsidize the provision of assistance by certified labor
affairs consultants under Article 7 (5);
3. To provide loans to employers for paying overdue wages,
etc., under Article 7-2;
4. To make financial contributions to any person entrusted
with duties under Article 27;
5. To repay loans and interest thereon;
6. To conduct research on the wage claim guarantee system,
such as prevention of delays in payment of wages, etc.,
and support for their payment;
7. To make financial contributions to the Korean Legal Aid
Corporation under the Legal Aid Act: Provided that such
contributions shall be limited to support for legal aid
services for workers with overdue wages;
8. To carry out other wage claim guarantee activities and
manage and operate the Fund
▮▮ 699
4. LABOR STANDARDS
(1) The Fund shall be managed and operated by the

Jun. 4, 2010>
(2) Paragraphs (2) through (4) of Article 66, Articles 67 through
69 and Article 71 of the Industrial Accident Compensation
Insurance Act shall apply mutatis mutandis with regard to the
management and operation of the Fund. In such cases, “insurance
benefits” in the same Act shall be read as “subrogated
payments”, and “premium revenues” as “charge revenues”.
Article 21 (Fiscal Year)
The fiscal year of the Fund shall coincide with the fiscal
year of the government.
CHAPTER Ⅳ
Article 22 (Reporting, etc.)

The Minister of Employment and Labor may request relevant
parties, such as employers of businesses subject to this Act or
workers engaged in the relevant businesses, etc., to make a
report or submit related documents necessary for the following
matters, as prescribed by the Presidential Decree: <Amended by
Act No. 10339, Jun. 4, 2010>
1. Managing and operating the Fund;
2. Making subrogated payments
Article 23 (Request for Cooperation from Related Agencies, etc.)
necessary for the efficient operation of wage claim guarantee
business, he/she may request cooperation, such as submission
of necessary materials, etc., from related administrative agencies,
local governments, other agencies or organizations, etc. <Amended
by Act No. 10339, Jun. 4, 2010>
(2) Related agencies or organizations requested to cooperate
pursuant to paragraph (1) shall cooperate, unless there is any
special reason.

Article 24 (Inspection)
necessary for the enforcement of this Act, he/she may have a
relevant public official enter a workplace subject to this Act to
inspect related documents or ask questions to related persons.
(2) A public official who enters a workplace and conduct an
inspection pursuant to paragraph (1) shall carry a certificate
indicating his/her authority and show it to related persons.
Article 25 (Reporting)
If an employer violates this Act or any order issued under
this Act, his/her worker may report such violation to a labor
inspector and request him/her to take action to correct such
violation.
Article 26 (Extinctive Prescription)
(1) The right to collect charges or other levies under this
Act or the right to seek a refund of subrogated payments or
charges shall be extinguished by prescription if it is not exercised
for three years.
(2) The extinctive prescription under paragraph (1) shall be
subject to the Civil Act, except as otherwise provided in this Act.
(3) Articles 42 and 43 of the Insurance Premium Collection
Act shall apply mutatis mutandis with regard to the interruption,
etc., of extinctive prescription.
Part of the authority held by the Minister of Employment
and Labor under this Act may be delegated to the heads of
local employment and labor offices or entrusted to the Korea
Workers' Compensation & Welfare Service under the Industrial
Accident Compensation Insurance Act and the National Health
Insurance Corporation under the National Health Insurance Act,
as prescribed by the Presidential Decree. <Amended by Act No.
9991, Jan. 27, 2010 and Act No. 10339, Jun. 4, 2010>
▮▮ 701
4. LABOR STANDARDS
CHAPTER Ⅴ
Penal Provisions

shall be punished by imprisonment for up to three years or by
a fine not exceeding 30 million won: <Amended by Act No.
11277, Feb. 1, 2012 and Act No. 12528, Mar. 24, 2014>
1. A person who receives a subrogated payment under
Article 7 or a loan under Article 7-2 in a false or any
other fraudulent way;
2. A person who gets another person to receive a subrogated
payment under Article 7 or a loan under Article 7-2 in a
false or any other fraudulent way;
3. A person who refuses to submit a property list under Article
13 without any justifiable reason or submits a false property
list.
shall be punished by imprisonment for up to two years or by a
fine not exceeding 20 million won: <Newly Inserted by Act No.
12528, Mar. 24, 2014>
1. A person who makes a false report, makes false certification
or submits false documents to unjustly receive a subrogated
payment under Article 7 or a loan under Article 7-2; and
2. A person who makes a false report, makes false certification
or submits false documents to get another person to
unjustly receive a subrogated payment under Article 7 or
a loan under Article 7-2.
If the representative of a juristic person or an agent, a
servant or any other employee of a juristic person or an individual
commits an offense prescribed in Article 28 in connection with
the business of the juristic person or individual, the fine
prescribed in the relevant Article shall be imposed on the
juristic person or individual in addition to the punishment of
the offender: Provided that this shall not apply unless the
juristic person or individual neglects to give considerable


<This Article Wholly Amended by Act No. 9339, Jan. 7, 2009>
million won:
1. A person who fails to comply with a request made under
Article 12 (2) without any justifiable reason;
2. A person who fails to comply with a request to report or
submit related documents made under Article 22 without
any justifiable reason, or who makes a false report or
submits false documents;
3. A person who refuses to answer questions asked by a
related public official or refuses, interferes with or evades
an inspection conducted by him/her under Article 24 (1)
without any justifiable reason.
(2) Fines for negligence under paragraph (1) shall be
imposed and collected by the Minister of Employment and Labor,
as prescribed the Presidential Decree. <Amended by Act No.
10339, Jun. 4, 2010>
Addendum
<Act No. 9339, Jan. 7, 2009>
This Act shall enter into force on the date of promulgation.
Addenda
<Act No. 9792, Oct. 9, 2009; Revision of the Framework Act on
Employment Policy>

(8) Parts of the Wage Claim Guarantee Act shall be amended
as follows:
“Article 6 of the Basic Employment Policy Act” in the latter
▮▮ 703
4. LABOR STANDARDS
part of Article 16 shall be changed to “Article 10 of the

Framework Act on Employment Policy”.
Article 3 Omitted.
Addenda
<Act No. 9794, Oct. 9, 2009; Revision of the Industrial Accident
Compensation Insurance Act>

(1) Omitted.
(2) Parts of the Wage Claim Guarantee Act shall be amended
as follows:
“Industrial Accident Compensation Insurance Deliberation
Committee” in the latter part of Article 16 shall be changed to
“Deliberation Committee on Industrial Accident Compensation
Insurance and Prevention”.
Addendum
<Act No. 9991, Jan. 27, 2010>
Addendum
<Act No. 10320, May. 25, 2010>
Addenda
<Act No. 10339. Jun. 4, 2010; Revision of the Government Organization
Act>

This Act shall enter into force one month after its promulgation:
<Proviso omitted>


as follows:
“Ministry of Labor" in Article 6 (1) shall be changed to
"Minister of Labor" in Article 7 (1), parts other than each
subparagraph of Article 7 (2), Article 8 (1), Article 9 (1) and (2),
the latter part of Article 9 (4), the former and latter parts of
other than each subparagraph of Article 10, Article 12 (1),
Article 13 (1) and (2), Article 14 (1), the latter part of Article
16, Article 17, Article 18 (2), Article 20 (1), parts other than
each subparagraph of Article 22, Article 23 (1), Article 24 (1),
Article 27 and Article 30 (2) through (4) shall be changed to
"Minister of Employment and Labor".
"Ordinance of the Ministry of Labor" in Article 12 (1) and
Article 14 (2) shall be changed to "Ordinance of the Ministry of
"Local labor offices" in Article 15 and Article 27 shall be
changed to "local employment and labor offices"
Article 5 Omitted.
Addenda
<Act No. 10967. Jul. 25, 2011>

Parts of the Wage Claim Guarantee Act shall be revised as follows:
“Retirement pay for final three years under Article 11 (2) of
the Employee Retirement Benefit Security Act" in Article 7 (2) 1
shall be changed to "retirement benefits, etc., for final three
years under Article 12 (2) of the Employee Retirement Benefit
Security Act".
"Right to preferential payment of retirement pay under
Article 11 (2) of the Employee Retirement Benefit Security Act"
in Article 8 (2) shall be changed to "right to preferential
payment of retirement benefits, etc., under Article 12 (2) of the
Employee Retirement Benefit Security Act".
"Employers (including employers of businesses subject to the
▮▮ 705
4. LABOR STANDARDS
provision on special cases for businesses pursuant to Article 26

of the same Act) who have established a retirement pension
plan pursuant to Chapter Ⅲ of the Employee Retirement Benefit
Security Act" in subparagraph 3 of Article 10 shall be changed
to "employers who have established a defined benefit retirement
pension plan under Chapter Ⅲ of the Employee Retirement
Benefit Security Act, a defined contribution retirement pension
plan under Chapter IV of the same Act or an individual
retirement pension plan under Article 25 of the same Act".
Article 13 Omitted.
Addendum
<Act No. 11277, Feb. 1, 2012>
Addenda
<Act No. 12528, Mar. 24, 2014>

Provided that the amended provisions of subparagraph 1 of
Article 10 shall enter into force on the date of its promulgation.
Article 2 (Applicability concerning Recovery of Undue Gains)
cases where a subrogated payment or loan is received for the
first time after this Act enters into force.

ENFORCEMENT DECREE OF THE WAGE CLAIM GUARANTEE ACT
ENFORCEMENT DECREE OF THE WAGE CLAIM

GUARANTEE ACT
Amended by Presidential Decree No. 16092, Jan. 29, 1999

Article 1 (Purpose)
The purpose of this Decree is to prescribe the matters delegated
by the Wage Claim Guarantee Act and matters necessary for
Nov. 15, 2010>
Article 2 (Function of Deliberation Commission on Wage Claim
Guarantee Fund)
The Deliberation Commission on Wage Claim Guarantee
Fund (hereinafter referred to as “the Commission”) under Article
6 of the Wage Claim Guarantee Act (hereinafter referred to as
“the Act”) shall deliberate on the following matters:
1. Matters concerning the determination of the rate of
charges under Article 9 (2) of the Act;
2. Matters concerning the determination of criteria for the
reduction of charges under Article 10 of the Act
3. Matters concerning the establishment of plans on the
operation of the Wage Claim Guarantee Fund (hereinafter
referred to as “the Fund”) under Article 17 of the Act; and
▮▮ 707
4. LABOR STANDARDS
4. Other matters deemed important for the management and

operation of the Fund and brought before a meeting by
the Minister of Employment and Labor
Nov. 15, 2010>
Article 3 (Composition, etc. of Commission)
(1) The members of the Commission shall be appointed or
commissioned by the Minister of Employment and Labor in
accordance with the following classification:
1. Members representing workers: five persons recommended
by a trade union which is a confederation of trade unions;
2. Members representing employers: five persons recommended
by the nationwide employers' organization;
3. Members representing the public interests: five persons
specified in the following items
A. One senior public official in charge of wage claim
guarantee work in the Ministry of Employment and Labor;
B. One public official of Grade III or IV in charge of
wage claim guarantee work in the Ministry of
Employment and Labor; and
C. Three persons from among those recommended by
non-profit non-governmental organizations under Article
2 of the Assistance for Non-profit, Nongovernmental
Organizations Act and those recognized by the Minister
of Employment and Labor to have plenty of knowledge
and experience in social insurance.
(2) Articles 5 through 7 and Articles 9 through 11 of the
Enforcement Decree of the Industrial Accident Compensation
organization and operation of the Commission, except for those
matters prescribed in paragraph (1). In this case, "member
falling under subparagraph 3 A or B of Article 4" in the proviso
to Article 5 (1) of the Enforcement Decree of the Industrial
Accident Compensation Insurance Act shall be read as “one
person from among senior public officials in charge of wage
claim guarantee work or public officials of Grade III or IV in
charge of wage claim guarantee work in the Ministry of
Employment and Labor”, “Vice Minister of Employment and
Labor” in Article 6 (2) of the Enforcement Decree of the same
Act as “senior public official in charge of wage claim guarantee
work,” and “members and expert committee members” in Article
10 of the Enforcement Decree of the same Act as “members”.


Nov. 15, 2010>
Article 4 (Reasons for Payment of Overdue Wages, etc.)
“A reason prescribed by the Presidential Decree, such as
bankruptcy, etc.” in Article 7 (1) of the Act refers to any of the
following reasons:
1. Declaration of bankruptcy under the Debtor Rehabilitation
and Bankruptcy Act;
2. Decision to commence rehabilitation procedures under the
Debtor Rehabilitation and Bankruptcy Act;
3. Recognition of facts, such as bankruptcy, etc., by the
Minister of Employment and Labor pursuant to Article 5
Nov. 15, 2010>
Article 5 (Conditions and Procedures for Recognition of Facts, such
as Bankruptcy, etc.)
(1) If a worker who has retired without receiving wages,
etc., from his/her employer makes an application and the
employer meets all of the following conditions, the Minister of
Employment and Labor may recognize the employer as being
incapable of paying the unpaid wages, etc. (hereinafter referred
to as “recognition of facts, such as bankruptcy, etc.”):
1. The number of ordinarily employed workers (hereinafter
referred to as “the number of ordinarily employed workers”)
calculated according to the method in Table 1 shall be
300 or less;
2. The business shall be closed or in the process of being
closed for any of the following reasons:
A. The business’ production or operation activities have
been suspended, and major business facilities have
been seized or provisionally seized, or transferred in
order to repay debts (including cases where an auction
under the Civil Execution Act is under way);
B. Authorization, permission, registration, etc., granted to
the business have been cancelled or terminated;
C. The business’ main production and operation activities
have been suspended for one month or more;
3. The employer shall be incapable of paying wages, etc., or
remarkably difficult to pay wages, etc., for any of the
following reasons:
A. As of the date of recognition of facts, such as bankruptcy,
▮▮ 709
4. LABOR STANDARDS
etc., the whereabouts of the employer has been unknown

for one month or more;
B. It is deemed to take three months or more from the
date of application for recognition of facts, such as
bankruptcy, etc., to cash in or retrieve the employer’s
assets.
(2) An application for recognition of facts, such as bankruptcy,
etc., under paragraph (1) shall be made within one year from
the day after the date of retirement from the relevant business.
(3) Necessary matters concerning applications for recognition
of facts, such as bankruptcy, etc., under paragraph (2) shall be
Labor.
Nov. 15, 2010>
Article 6 (Determination and Public Announcement of Maximum
Amount of Subrogated Payment)
The maximum amount of wages, etc. (hereinafter referred to as
“subrogated payment”) to be paid by the Minister of Employment
and Labor on behalf of an employer pursuant to Article 7 (1)
of the Act shall be determined by the Minister of Employment
and Labor according to the age of a worker at the time of
retirement after consultation with the Minister of Strategy and
Finance in consideration of wages, price increase rates, financial
conditions of the fund, etc., and details of the decision shall be
publicly announced in an official gazette and not less than one
daily newspaper registered as having a nationwide circulation
pursuant to Article 9 (1) of the Act on Promotion of Newspapers,
etc.
Nov. 15, 2010>
Article 7 (Workers Entitled to Subrogated Payments)
Workers entitled to subrogated payments under Article 7 (3)
of the Act shall be workers who retire from the relevant
business or workplace (hereinafter referred to as “business”)
within three years after the date one year ago from any of the
following dates:
1. Date of application, where there is a declaration of bankruptcy
under subparagraph 1 of Article 4 or a decision to commence
rehabilitation procedures under subparagraph 2 of the
same Article (hereinafter referred to as “declaration of

bankruptcy, etc.”);
2. Date of application or date of declaration, where a court
declares bankruptcy by virtue of its authority after an
application is made for the commencement of rehabilitation
procedures pursuant to the Debtor Rehabilitation and
Bankruptcy Act;
3. Date of application for recognition of facts, such as bankruptcy,
etc., (referring to the last day of the application period in
case where the last day of the application period prescribed
in Article 5 (2) falls on a public holiday so the application
is made the day after, and the date of the first application,
in case where there are two applications or more dealing
with the same facts on which the recognition of facts,
such as bankruptcy, etc., is based; hereinafter the same
shall apply.), where there is a recognition of facts, such
as bankruptcy, etc., under subparagraph 3 of Article 4.
Nov. 15, 2010>
Article 8 (Criteria for Employers)
An employer whose workers are entitled to subrogated
payments under Article 7 (3) of the Act shall be an employer
who has a cause falling under any of the subparagraphs of
Article 4 after carrying out business for six months or more
since he/she began to be subject to the Act pursuant to Article
3 of the Act.
Nov. 15, 2010>
Article 9 (Request for and Provision of Subrogated Payments)
(1) A person who intends to receive a subrogated payment
pursuant to Article 7 (4) of the Act shall make a request to the
Minister of Employment and Labor within two years from the
date of the declaration of bankruptcy, etc. or from the date of
the recognition of facts, such as bankruptcy, etc., in relation to
the employer concerned.
(2) Necessary matters concerning requests for and provision
of subrogated payments under paragraph (1) shall be prescribed
Nov. 15, 2010>
Article 10 (Confirmation etc., of Causes for Subrogated Payments
Such as Declaration of Bankruptcy, etc.)
▮▮ 711
4. LABOR STANDARDS
(1) A person who makes a request for subrogated payments

pursuant to Article 9 (1) shall obtain confirmation from the
Minister of Employment and Labor with regard to the following
matters and an application for such confirmation shall be made
along with a request for subrogated payments under Article 9 (1):
1. Date of declaration of bankruptcy, etc., or date of recognition
of facts, such as bankruptcy, etc., and the date of application
therefor;
2. Date of retirement and age at the time of retirement;
3. Unpaid amount out of the wages or allowances for suspension
of business for final three months and retirement pay for
final three years;
4. Amount of subrogated payment to be received;
5. The fact that the employer is an employer prescribed in
Article 8
(2) The Minister of Employment and Labor shall, if deemed
necessary for confirmation under paragraph (1), take necessary
measures, such as requiring the relevant employer, bankruptcy
administrator, administrator, manager, etc., to report matters
related to declaration of bankruptcy, etc. or submit related
documents, pursuant to Article 22 of the Act.
(3) Necessary matters concerning confirmation under paragraph
(1) shall be prescribed by the Ordinance of the Ministry of
Nov. 15, 2010>
Article 11 (Subrogation of Right to Claim Unpaid Wages, etc.)
If the Minister of Employment and Labor is subrogated to
the right to claim unpaid wages, etc., pursuant to Article 8 (1)
of the Act, he/she shall take measures necessary for the exercise
and securing, etc., of the right to claim.
Nov. 15, 2010>
Article 12 (Collection of Charges)
(1) When collecting charges pursuant to Article 9 (1) of the
Act, the Minister of Employment and Labor shall integrate them
with industrial accident compensation insurance premiums under
Article 13 (1) 2 of the Act on the Collection, etc. of Premiums
for Employment Insurance and Industrial Accident Compensation
Insurance (hereinafter referred to as "the Insurance Premium
Collection Act").

(2) The Minister of Employment and Labor shall calculate

every month the charges collected in an integrated manner
pursuant to paragraph (1) and pay them into the Fund.
Nov. 15, 2010>
Article 13 (Announcement of Rate of Charges)
When the Minister of Employment and Labor has decided
the rate of charges pursuant to Article 9 (2) of the Act, he/she
shall publicly announce details of the decision in an official
gazette and not less than one daily newspaper registered as
having a nationwide circulation pursuant to Article 9 (1) of the
Act on Promotion of Newspapers, etc.
Nov. 15, 2010>
Article 14 (Criteria for Employers Subject to Reduction of Charges)
(1) The number of workers ordinarily employed by an employer
under subparagraph 1 of Article 10 of the Act shall be calculated
in accordance with the methods in Table 1.
(2) A judgment of whether or not an employer is subject to
the reduction of charges under subparagraphs 2 through 4 of
Article 10 of the Act shall be made based on the last day of
the previous year.
Nov. 15, 2010>
Article 15 (Procedure for Reduction of Charges)
(1) If an employer who intends to seek a reduction of charges
pursuant to subparagraph 1 of Article 10 of the Act reports and
pays charges under the Insurance Premium Collection Act applying
mutatis mutandis pursuant to Article 16 of the Act, he/she
shall report and pay the amount announced pursuant to Article
16 as charges.
(2) An employer who intends to seek a reduction of charges
pursuant to subparagraphs 2 through 4 of Article 10 of the Act
shall apply for such reduction to the Minister of Employment
and Labor, as prescribed by the Ordinance of the Ministry of
Employment and Labor, after meeting the conditions for
reduction of charges prescribed in the same subparagraphs.
(3) The Minister of Employment and Labor shall, after examining
details of an application under paragraph (2), notify the employer
who meets the conditions for reduction of charges of specific details
▮▮ 713
4. LABOR STANDARDS
of such reduction.
Nov. 15, 2010>
Article 16 (Announcement of Criteria for Reduction of Charges)
When the Minister of Employment and Labor has decided
criteria for reduction of charges pursuant to the latter part of
other than each subparagraph of Article 10 of the Act, he/she
shall publicly announce details of the decision in an official gazette
and not less than one daily newspaper registered as having a
nationwide circulation pursuant to Article 9 (1) of the Act on
Promotion of Newspapers, etc.
Nov. 15, 2010>
Article 17 (Preparation etc. of Cards about Charges and Other Levies)
(1) For businesses subject to the Act, the Minister of Employment
and Labor shall prepare and keep a card about charges and other
levies for each workplace.
(2) The Minister of Employment and Labor shall, if an
employer intends to inspect the card about charges and other
levies, let him/her inspect it and if an employer intends to
have a certificate issued for necessary matters, may issue it.
Nov. 15, 2010>
Article 18 (Delegation of Receipt of Subrogated Payments)
(1) If a person who has the right to receive a subrogated
payment is unable to receive a subrogated payment due to an
injury or disease, he/she may delegate such receipt to his/her
family members pursuant to Article 11 (2) of the Act.
(2) If a family member to whom the receipt of a subrogated
payment is delegated pursuant to paragraph (1) intends to receive
it, he/she shall submit documents proving the fact of delegation
and family relationship.
Nov. 15, 2010>
Article 19 (Entries in Property List)
When the Minister of Employment and Labor orders an
employer to submit a property list pursuant to Article 13 (1) of
the Act, the property list shall be prepared containing the following
matters:
1. Ownership right, surface right, right of deposit-based lease,

right of lease, right to request delivery with respect to

immovable property, and right to request the transfer of
rights to immovable property;
2. Ownership right and right to request delivery with respect
to automobiles, construction machinery, vessels and aircraft
required to be registered, and right to request the transfer
thereof;
3. Mining right, fishing right, and other rights to which
immovable property-related provisions apply mutatis mutandis,
and right to request the transfer thereof;
4. In the case of claims secured by liens, such as pledges and
mortgages, etc., the purposes of such claims and details
of the relevant liens
Nov. 15, 2010>
Article 20 (Collection, etc. of Fraudulent Gains)
(1) If a person intends to receive or has received a subrogated
payment or loan in a false or other fraudulent ways under
Article 14 (1) of the Act, the Minister of Employment and Labor
shall not pay the requested amount or demand a return of the
paid amount in accordance with the following classification:
1. Where the person fails to satisfy the requirements to receive
a subrogated payment or loan: all of the requested or paid
amount;
2. Where the person satisfies the requirements to receive a
subrogated payment or loan: part of the requested or paid
amount (referring to an amount equivalent to the amount
of subrogated payment or loan the person intends to receive
or has received).
(2) The Minister of Employment and Labor shall, if he/she
has decided to demand a return of a received subrogated payment
or loan (including an additional amount referred to in Article
13 (2) of the Act; hereinafter the same shall apply.) pursuant to
paragraph (1), notify the person liable for the payment that he/she
should make that payment. <Amended by Presidential Decree No.
23841, Jun. 5, 2012>
(3) A person who receives notification pursuant to paragraph
(2) shall pay the notified amount within 30 days from the date
of notification.
(4) The procedures for the non-payment or return of subrogated
payments and loans under paragraphs (1) through (3) and other
▮▮ 715
4. LABOR STANDARDS
matters necessary to handle such fraudulent receipt shall be

by Presidential Decree No. 23841, Jun. 5, 2012>
Nov. 15, 2010>
Article 20-2 (Report, etc., of Fraudulent Receipt of Subrogated Payments)
(1) A person who intends to report the fact that subrogated
payments have been received in a false or other fraudulent
ways (hereinafter referred to as "fraudulent receipt" in this Article),
pursuant to Article 15 of the Act shall report it to a local
employment and labor office, as prescribed by the Ordinance of
the Ministry of Employment and Labor.
(2) An investigation agency which is informed of the fraudulent
receipt of subrogated payments under Article 15 of the Act shall
notify a local employment and labor office of it without delay.
(3) If a person who has reported or informed on the fraudulent
receipt of subrogated payments under Article 15 of the Act intends
to get reward money (hereinafter referred to as "reward money")
under the same Article, he/she shall apply for payment of reward
money to the Minister of Employment and Labor, as prescribed
Nov. 15, 2010>
Article 20-3 (Standards for Payment of Reward Money)
The amount of reward money shall be limited to 50 million
won and paid by the Minister of Employment and Labor in
accordance with the following standards. In this case, reward
money of less than one thousand won shall not be paid:
1. Where the amount of subrogated payment received in a
false or other fraudulent ways (hereinafter referred to as
"fraudulently received amount" in this Article) is 50 million
won or higher: 5.5 million won + (fraudulently received
amount in excess of 50 million won x 5/100);
2. Where the fraudulently received amount is 10 million won
or more but less than 50 million won: 1.5 million won +
(fraudulently received amount in excess of 10 million won
x 10/100);
3. Where the fraudulently received amount is less than 10
million won: the fraudulently received amount x 15/100
Nov. 15, 2010>

Article 20-4 (Deadline for Reporting or Informing)

Reward money shall be paid only in case the report or
information is provided within three years from the date on
which the person who has received a subrogated payment in a
false or other fraudulent ways receives the subrogated payment
in a false or other fraudulent ways (hereinafter referred to as
"fraudulent receipt").
Nov. 15, 2010>
Article 20-5 (Method of Paying Reward Money in case of Multiple
Reporting or Informing)
(1) If two or more persons, each, report or inform on the
fraudulent receipt of the same subrogated payment, they shall
be regarded as one case of reporting or informing in calculating
reward money.
(2) In the case of paragraph (1), the reward money shall be
properly distributed among the persons involved in consideration
of the extent to which each person contributes to the discovery
of the fraudulent receipt but if those who are to receive the
reward money have already made an agreement on how to
distribute the money and applied for payment of reward money,
the payment shall be made in accordance with the method agreed
upon.
Nov. 15, 2010>
Article 20-6 (Timing of Payment of Reward Money)
Reward money shall be paid after the decision on such
payment is confirmed as the deadline or procedure for raising
an objection in response to notification of a return of subrogated
payments under Article 14 of the Act has passed or been
concluded.
Nov. 15, 2010>
Article 21 (Payment and Collection of Charges and Other Levies)
The provisions of Articles 10, 19-2 through 19-6, 20 through
27, 30-2 through 30-4, 31 through 33, 37 through 40, 40-2
through 40-6, 41, 41-2 through 41-4, 43, 43-2 and 44 through 53
of the Enforcement Decree of the Insurance Premium Collection
Act shall apply mutatis mutandis with regard to the calculation,
payment and collection of charges and other levies under the
▮▮ 717
4. LABOR STANDARDS
Act. In this case, "insurance premiums" or "industrial accident

compensation insurance premiums" shall be read as "charges",
"the Corporation" or "Health Insurance Corporation" as "the
Minister of Employment and Labor" (referring to the Korea Workers'
Compensation & Welfare Service or the Health Insurance Corporation
entrusted with the authority where such authority is entrusted
pursuant to Article 24), "estimated premiums" as "estimated charges",
"insurance year" as "fiscal year", "insurance relationship" as "wage
claim guarantee relationship", "premium rate" as "charge rate",
"monthly insurance premiums" as" monthly charges", "final premiums"
as "final charges" and "insurance work" as "wage claim guarantee
work".
Nov. 15, 2010>
The provisions of Article 86 (1) 2, the former part of Article
86 (2), Articles 87 through 89, and Articles 91 through 95 of the
management and operation of the Fund. In this case, “fund account”
in the Enforcement Decree of the same Act shall be read as
“wage claim guarantee fund account”, “ Corporation”(except for
Article 88 (2) and Article 91 (2) of the Enforcement Decree of
the same Act) as “Minister of Employment and Labor” (referring
to the Korea Workers' Compensation & Welfare Service in case
where the authority is entrusted to it pursuant to Article 24
(2)), “premiums” as “charges”, “industrial accident compensation
insurance and prevention fund under Article 95 of the Act” as
”wage claim guarantee fund”.
Nov. 15, 2010>
Article 22-2 (Criteria for Accumulation of Legal Liability Reserve)
The amount of legal liability reserve under Article 99 of the
Industrial Accident Compensation Insurance Act which shall
apply mutatis mutandis pursuant to Article 20 (2) of the Act
shall be an amount spent to make subrogated payments in the
previous year.
Nov. 15, 2010>
Article 23 (Request for Reporting or Submission of Related Documents)

A request for reporting or submission of related documents

under Article 22 of the Act shall be made in writing.
Nov. 15, 2010>
labor offices pursuant to Article 27 of the Act: <Amended by Act
No. 23841, Jun. 5, 2012>
1. Issuance of an order to submit a property list under Article
13 of the Act;
1-2. Provision of loans to employers for paying overdue wages,
etc., under Article 7-2 of the Act;
2. Request for reporting or submission of related documents
under Article 22 of the Act (limited to cases where such
a request is necessary for doing delegated work);
3. Request for cooperation under Article 23 of the Act
(limited to cases where such a request is necessary for doing
delegated work);
4. Entry, inspection and questioning under Article 24 of the
Act (limited to cases where it is necessary for doing delegated
work);
6. Recognition of facts, such as bankruptcy, etc., under Article 5;
7. Acceptance of requests for subrogated payments under
Article 9;
8. Confirmation under Article 10;
9. Receipt of applications for the payment of reward money
10. Payment of reward money under Article 20-3
following authority to the Korea Workers' Compensation & Welfare
Service under the Industrial Accident Compensation Insurance
Act pursuant to Article 27 of the Act:
1. Provision of subrogated payments under Article 7 of the Act
2. Exercise of rights concerning the subrogation of the right
to claim under Article 8 of the Act
3. Reduction of charges under Article 10 of the Act
4. Return requests under Article 14 of the Act
5. The following authority under the Insurance Premium
Collection Act which shall apply mutatis mutandis pursuant
▮▮ 719
4. LABOR STANDARDS
to Article 16 of the Act:

A. Imposition of monthly charges under Article 16-2 (1) of
the Insurance Premium Collection Act;
B. Calculation of monthly charges under Articles 16-3 through
16-6 of the Insurance Premium Collection Act;
C. Calculation of charges under Article 16-9 (1) and (2) of
D. Receipt and collection of estimated charges under Article
17 of the Insurance Premium Collection Act;
E. Measures taken following an increase or decrease in
the rate of charges under Article 18 of the Insurance
Premium Collection Act;
F. Receipt, collection, and calculation of final charges under
Article 19 of the Insurance Premium Collection Act;
G. Reduction of charges, etc., under Article 22-2 of the
Insurance Premium Collection Act;
H. Appropriation of overpaid charges, etc., and return of
estimated charges, final charges and related charges,
etc., overpaid under Article 23 of the Insurance Premium
Collection Act;
I. Collection of additional charges under Article 24 (1) of
the Insurance Premium Collection Act in relation to
Article 19 (4) of the same Act;
J. Notification of charges under Article 27 of the Insurance
K. Collection of charges before their payment deadline under
Article 27-2 of the Insurance Premium Collection Act;
L. Authorization of wage claim guarantee work, authorization
of change, acceptance of reports on the discontinuation
or change of work, and cancellation of authorization
under Article 33 (2) through (5) of the Insurance Premium
Collection Act;
M. Notification of the payment of charges and other levies
under Article 34 of the Insurance Premium Collection
Act;
N. Collection of additional charges and arrears under Article
35 of the Insurance Premium Collection Act;
O. Provision of collection expenses and other subsidies
under Article 37 of the Insurance Premium Collection
Act; and
P. Extension of payment deadlines under Article 39 of the

6. Request for reporting or submission of related documents

under Article 22 of the Act (limited to cases where such
a request is necessary for doing entrusted work);
7. Request for cooperation under Article 23 of the Act
(limited to cases where such a request is necessary for
doing entrusted work);
Act (limited to cases where it is necessary for doing entrusted
work);
9. Preparation, keeping, and inspection of cards about charges
and other levies, and issuance of certificates under Article
17 (limited to cases where they are collected by the
Korea Workers Compensation and Welfare Service);
10. The following authority under the Enforcement Decree of
the Insurance Premium Collection Act which shall apply
mutatis mutandis pursuant to Article 21:
A. Approval of vicarious payment of charges, acceptance
of reports on changes, and cancellation of approval
under Article 10 of the Enforcement Decree of the
B. Acceptance of reports on the entrustment of wage
claim guarantee work and on the cancellation thereof
under Article 45 (3) of the Enforcement Decree of the
C. Hearing under Article 49 of the Enforcement Decree of
the Insurance Premium Collection Act
11. Payment of charges, etc., into the Fund under Article 88
(1) of the Enforcement Decree of the Industrial Accident
Compensation Insurance Act which shall apply mutatis
mutandis pursuant to Article 22.
following authority to the National Health Insurance Corporation
under the National Health Insurance Act pursuant to Article 27
of the Act:
1. The following authority under the Insurance Premium Collection
Act which shall apply mutatis mutandis pursuant to Article
16 of the Act:
A. Collection of monthly charges under Article 16-2 (1) of
B. Notification of monthly charges under Article 16-8 of
C. Return of excess amounts and collection of shortfalls
▮▮ 721
4. LABOR STANDARDS
under Article 16-9 (3) and (4) of the Insurance Premium

Collection Act;
D. Measures taken following an increase in the rate of
charges under Article 18 (1) of the Insurance Premium
Collection Act;
E. Payment of balances left after appropriation of overpaid
or erroneously paid monthly charges under Article 23
(1) of the Insurance Premium Collection Act;
F. Collection of additional charges related to monthly
charges under Article 24 (2) of the Insurance Premium
Collection Act;
G. Collection of arrears under Article 25 of the Insurance
H. Notification of levies and urging of their payment under
Article 27 of the Insurance Premium Collection Act;
I. Collection of levies before their payment deadline
under Article 27-2 of the Insurance Premium Collection
Act;
J. Approval of payment in installments of charges, etc.,
and cancellation of approval under Article 27-3 of the
K. Disposition of arrears under Article 28 of the Insurance
L. Request for the appointment of an administrator of
inherited property under Article 28-3 (4) of the Insurance
M. Disclosure of personal information, etc, about high-amount
or habitual delinquents under Article 28-6 of the Insurance
N. Provision of collateral to postpone disposition of arrears
under Article 28-7 of the Insurance Premium Collection
Act;
O. Deficit disposal under Article 29 of the Insurance Premium
Collection Act;
P. Provision of materials on delinquent payment or deficit
disposal under Article 29-2 of the Insurance Premium
Collection Act;
Q. Extension of payment deadlines under Article 39 of the
2. Request for cooperation under Article 23 of the Act (limited
to cases where such a request is necessary for doing
entrusted work);


Act (limited to cases where it is necessary for doing entrusted
work);
4. Payment of charges, etc., into the Fund under Article 88
(1) of the Enforcement Decree of the Industrial Accident
Compensation Insurance Act which shall apply mutatis
mutandis pursuant to Article 22.
Nov. 15, 2010>
Article 25 (Reporting by Corporation)
The Korea Workers' Compensation & Welfare Service entrusted
with authority in accordance with Article 27 of the Act shall
report the monthly status of subrogated payments paid under
Article 7 of the Act and the monthly status of amounts returned
under Article 14 of the Act to the Minister of Employment and
Labor by the last day of the following month.
Nov. 15, 2010>
Labor is delegated and entrusted pursuant to Article 24) may
manage data containing resident registration numbers or foreigner
Act if it is inevitable in order to perform the following duties:
1. Duties concerning assistance, etc., with work related to
subrogated payments under Article 7 (4) of the Act;
1-2. Duties concerning requests for loans to employers for
paying overdue wages, etc., under Article 7-2 of the
Act, and confirmation, etc., related thereto;
2. Duties concerning orders to submit a property list under
3. Duties concerning demands for return due to misconducts
4. Duties concerning recognition of facts, such as bankruptcy,
under Article 5;
5. Duties concerning claims for, and provision of, subrogated
payments under Article 9;
6. Duties concerning confirmation, etc., of causes for subrogated
▮▮ 723
4. LABOR STANDARDS
payment under Article 10; and

7. Duties concerning reduction of charges under Article 15.
Jan. 6, 2012>
Article 26 (Imposition and Collection of Fines for Negligence)
(1) The criteria for the imposition of fines for negligence
under Article 30 (1) of the Act are provided for in Table 3.
(2) The Minister of Employment and Labor may raise or
reduce the amount of fine for negligence prescribed in Table 3
by up to one half after considering the severity of the offense,
the number of offenses, the motive and consequences of the
offense, etc.: Provided that where the amount is raised, it shall
not exceed the maximum amount of fine for negligence prescribed
in Article 30 (1) of the Act.
Nov. 15, 2010>
Addenda
<Presidential Decree No. 20875, Jun. 25, 2008; Revision of the Enforcement
Decree of the Industrial Accident Compensation Insurance Act>

(10) Parts of the Enforcement Decree of the Wage Claim
Guarantee Act shall be amended as follows:
"Articles 6 through 8 and Articles 10 through 12 of the
Insurance Act" in the former part of Article 3 (2) shall be
changed to "Articles 5 through 7 and Articles 9 through 11 of
the Enforcement Decree of the Industrial Accident Compensation
Insurance Act", and "in the proviso of Article 6 (1) of the
Enforcement Decree of the same Act", "Article 7 (2) of the
Enforcement Decree of the same Act" and "'the Vice Minister of
Employment and Labor' and 'members and expert members' in
Article 11 as 'a public official of Grade III in charge of wage
claim guarantee work or a general public official in the Senior
Civil Service' and 'members'" in the latter part of the same
paragraph shall be changed to "in the proviso of Article 5 (1)

of the Enforcement Decree of the same Act", "Article 6 (2) of

the Enforcement Decree of the same Act", and "'members and
members of the expert committee' in Article 10 of the
Enforcement Decree of the same Act as 'members'", respectively.
"Subparagraph 2 of paragraph (1) and the former part of
subparagraph (2) of Article 83, Article 84, Article 85, Article 86,
and Articles 88 through 92 of the Enforcement Decree of the
Industrial Accident Compensation Insurance Act" in the former
part of Article 22 shall be changed to "subparagraph 2 of
paragraph (1) of Article 86, the former part of subparagraph (2)
of the same Article, Articles 87 through 89 and Articles 91
through 95 of the Enforcement Decree of the Industrial Accident
Compensation Insurance Act", and "'industrial accident compensation
insurance fund account' in the Enforcement Decree of the same
Act", "Article 85 (2) and Article 88 (2) of the Enforcement
Decree of the same Act", and "industrial accident compensation
insurance fund under Article 83 of the Act" shall be changed to
"industrial accident compensation insurance and prevention fund
account' in the Enforcement Decree of the same Act", "Article
88 (2) and Article 91 (2) of the Enforcement Decree of the same
Act", and "industrial accident compensation insurance and
prevention fund under Article 95 of the Act", respectively.
"Article 84 of the Industrial Accident Compensation Insurance
Act" in Article 22-2 shall be changed to "Article 99 of the
Industrial Accident Compensation Insurance Act".
"Article 85 (1) of the Enforcement Decree of the Industrial
Accident Compensation Insurance Act" in Article 24 (2) 12 shall
be changed to "Article 88 (1) of the Enforcement Decree of the
Industrial Accident Compensation Insurance Act". <Amended by
(11) Omitted.
Article 15 Omitted.
Addenda

<Proviso omitted>
Article (Revision of Other Decrees)
▮▮ 725
4. LABOR STANDARDS
(93) Parts of the Enforcement Decree of the Wage Claim

Guarantee Act shall be revised as follows:
"Minister of Labor" in subparagraph 4 of Article 2, parts
other than each subparagraph of Article 3 (1), Article 3 (1) 3 D,
subparagraph 4 of Article 4, parts other than each subparagraph
of Article 5 (1), Article 6, Article 9 (1), parts other than each
subparagraph of Article 10 (1), Article 10 (2), Article 11, Article
12 (1) and (2), Article 13, parts other than each subparagraph of
Article 15 (2), Article 15 (3), Article 16, Article 17 (1) and (2),
parts other than each subparagraph of Article 19, parts other
than each subparagraph of Article 20 (1), Article 20 (2) and (4),
Article 20-2 (3), the former part of Article 20-3, the latter part
of Article 21, the latter part of Article 22, parts other than each
subparagraph of Article 24 (1), parts other than each subparagraph
of Article 24 (2), Article 25, subparagraph 2 B and C in Table 1
and the note column in Table 3 shall be changed to "Minister
of Employment and Labor".
"Ministry of Labor" in Article 3 (1) 3 A and B shall be
changed to "Ministry of Employment and Labor".
"Vice Minister of Labor" in the latter part of Article 3 (2)
shall be changed to "Vice Minister of Employment and Labor".
"Ordinance of the Ministry of Labor" in Article 5 (3), Article
9 (2), Article 10 (3), Article 20-2 (1) and (3) and Article 26 (4)
shall be changed to "Ordinance of the Ministry of Employment
and Labor".
"Local labor offices" in Article 20-2 (1) and (2), parts other
than each subparagraph of Article 24 (1), Article 26 (1), the
former part of Article 26 (2) and Article 26 (3) shall be changed
to "local employment and labor offices".
Addendum
Addenda
Unique Identifying Information>


<Proviso omitted>
Article 2 Omitted.
Addendum
▮▮ 727
4. LABOR STANDARDS
Method of Calculation of Number of Ordinarily

Employed Workers
1. The number of ordinarily employed workers shall be calculated by dividing

the sum of the number of workers employed as of the last day of each
month of the previous year by the number of working months in the
previous year: Provided that in the case of employers who start their
business and establish a wage claim guarantee relationship in the
relevant year, the number of ordinarily employed workers shall be the
number of workers employed as of the date on which the wage claim
guarantee relationship is established.
2. Notwithstanding subparagraph 1, if it is difficult to calculate the number

of ordinarily employed workers in the construction industry, it shall be
calculated according to the following formula:
- (value of construction work in the previous year × ratio of labor costs

in the previous year)/(average monthly wages in the construction
industry in the previous year× number of working months in the
previous year)
A. The term “value of construction work” refers to an amount

calculated by subtracting the value of construction work
legitimately subcontracted under the Framework Act on the
Construction Industry or other related Acts and subordinate
statutes from the total value of construction work done by the
relevant employer;
B. The term “ratio of labor costs” refers to the ratio of labor costs
announced by the Minister of Employment and Labor pursuant
to the Article 13 (6) of the Insurance Premium Collection Act.
C. The term “average monthly wages in the construction industry”

refers to the average monthly wages in the construction
industry, announced by the Minister of Employment and Labor
pursuant to Article 2 (1) 3 of the Enforcement Decree of the


Amount of fine for

Offense Relevant provision
negligence
1. Where a person fails to

comply with a request
under Article 12 (2) of the Article 30 (1) 1 of the Act 2.5 million won
Act without any justifiable
reason
2. Where a person fails to

comply with a request for
reporting or submission of
related documents under
Article 22 of the Act Article 30 (1) 2 of the Act 4 million won
without any justifiable
reason or makes a false
report or submit false
documents
3. Where a person refuses to

answer questions asked by
a relevant public official
Article 30 (1) 3 of the Act 2.5 million won
under Article 24 (1) of the
Act without any justifiable
reason
4. Where a person refuses,

obstructs or evades an
inspection by a relevant
Article 30 (1) 3 of the Act 4 million won
public official under Article
24 (1) of the Act without
any justifiable reason
▮▮ 729
OCCUPATIONAL SAFETY AND HEALTH ACT

Act No. 3532, Dec. 31, 1981
Amended by Act No. 4220, Jan. 13, 1990

Act No. 4622, Dec. 27, 1993
Act No. 4826, Dec. 22, 1994
Act No. 4916, Jan. 5, 1995
Act No. 5247, Dec. 31, 1996
Act No. 5248, Dec. 31, 1996
Act No. 5453, Dec. 13, 1997
Act No. 5454, Dec. 13, 1997
Act No. 5886, Feb. 8, 1999
Act No. 6104, Jan. 7, 2000
Act No. 6315, Dec. 29, 2000
Act No. 6590, Dec. 31, 2001
Act No. 6847, Dec. 30, 2002
Act No. 7428, Mar. 31, 2005
Act No. 7467, Mar. 31, 2005
Act No. 7920, Mar. 24, 2006
Act No. 8372, Apr. 11, 2007
Act No. 8373, Apr. 11, 2007
Act No. 8475, May 17, 2007
Act No. 8486, May 25, 2007
Act No. 8562, Jul. 27, 2007
Act No. 8694, Dec. 14, 2007
Act No. 9319, Dec. 31, 2008
Act No. 9434, Feb. 6, 2009
Act No. 9796, Oct. 9, 2009
Act No. 9847, Dec. 29, 2009
Act No. 10305, May 20, 2010
Act No. 10339, Jun. 4, 2010
Act No. 10968, Jul. 25, 2011
Act No. 11794, May 22, 2013
Act No. 11862, Jun. 4, 2013
Act No. 11882, Jun. 12, 2013
CHAPTER Ⅰ
General Provisions
Article 1 (Purpose)
The purpose of this Act is to maintain and promote the
safety and health of workers by preventing industrial accidents
and creating comfortable working environment through establishing
standards on occupational safety and health and clarifying
where the responsibility lies.


For the purpose of this Act, <Amended by Act No. 10339,
Jun. 4, 2010>
1. The term “industrial accidents” refers to cases when workers
die, get injured or contract diseases due to work-related
structures, equipment, raw materials, gas, vapor, powder,
dust, etc., or work and work-caused reasons;
2. The term “worker” means a worker defined in Article 2
(1) 1 of the Labor Standards Act;
3. The term “employer” means a person who carries on
business using workers;
4. The term “representative of workers” refers to a trade
union, if a trade union comprising the majority of workers
concerned exists, and if such a trade union does not
exist, a person who represents the majority of workers
concerned.;
5. The term “work environment monitoring” means that a
employer formulates a monitoring plan on workers or
workplaces, gathers samples, and make an analysis and
assessment thereof to find out the actual state of work
environment;
6. The term “safety and health diagnosis” means an investigation
and evaluation carried out by a person designated by the
Minister of Employment and Labor for the purpose of
discovering potential hazards and establishing improvement
measures in order to prevent industrial accidents; and
7. The term “serious accidents” means industrial accidents,
such as death, the degree of which is serious, and which
are prescribed by the Ordinance of the Ministry of
(hereinafter referred to as “businesses”): Provided that this Act
may not apply wholly or partially to businesses prescribed by
the Presidential Decree taking into consideration the degree of
harm and hazard, the type and size of business, the location of
business, etc.
(2) This Act and any order issued under this Act shall apply
to the State and local governments, and public institutions under
▮▮ 731
Article 5 of the Act on the Management of Public Institutions.

Article 4 (Duties of Government)
(1) In order to accomplish the goals of Article 1, the
Government shall fulfill faithfully the following responsibilities:
1. Establishment, execution, coordination and control of
occupational safety and health policy;
2. Support and guidance for the prevention of accidents and
diseases for workplaces;
3. Safety assessment and improvement of harmful or hazardous
machines, instruments, equipment, protective devices,
personal protective equipment, etc.;
4. Preparation of criteria for safety and health measures and
guidance and inspection on harmful or hazardous machines,
instruments, equipment, materials, etc.;
5. Support for the establishment of an autonomous safety
and health management system by workplaces;
6. Promotion of safety culture through public relations activities,
education, accident-free campaigns, etc., to raise awareness
about safety and health;
7. Research and development of technology and installation
and operation of facilities for safety and health;
8. Maintenance and management of investigations and statistics
on industrial accidents;
9. Support, guidance and inspection of organizations related
to safety and health; and
10. Other matters concerning the protection and promotion
of workers' safety and health.
(2) The Government shall come up with policies to carry
out effectively the matters referred to in each subparagraph of
paragraph (1), and if deemed necessary, it may provide the
Korea Occupational Safety & Health Agency (hereinafter referred
to as “Agency”) under the Korea Occupational Safety and
Health Agency Act and other related organizations and research
institutes with administrative and financial support.
Article 5 (Duties of Employer, etc.)
(1) An employer shall maintain and promote the safety and
health of workers by carrying out the following matters, and
comply with the industrial accident prevention policies of the

State: <Amended by Act No. 11882, Jun. 12, 2013>

1. An employer shall observe the standards for prevention
of industrial accidents prescribed by this Act and any
order issued under this Act;
2. An employer shall create a pleasant work environment
that can reduce the physical fatigue, mental stress, etc.,
of workers, and improve working conditions; and
3. An employer shall provide workers with information on
safety and health in the workplace.
shall observe the standards prescribed by this Act and any
order issued under this Act when designing, manufacturing,
importing or constructing articles, and take necessary measures
to prevent the occurrence of industrial accidents caused by the
use of such articles: <Amended by Act No. 11882, Jun. 12, 2013>
1. A person who designs, manufactures or imports machines,
instruments and other equipment;
2. A person who manufactures or imports raw materials, etc.;
and
3. A person who designs or constructs a structure
Article 6 (Duties of Worker)
A worker shall observe matters necessary for the prevention
of industrial accidents, such as the standards prescribed by this
Act and any order issued under this Act, and comply with
industrial accident prevention measures taken by the employer
or related persons, such as labor inspectors and the Agency.
Article 7 Deleted. <Act No. 9796, Oct. 9, 2009>
Article 8 (Establishment and Publication of Industrial Accident
Prevention Plan)
mid- and long-term basic plan for prevention of industrial
accidents. <Amended by Act No. 10339, Jun. 4, 2010>
(2) The Minister of Employment and Labor shall publish the
industrial accident and disease prevention plan established under
paragraph (1) after deliberation by the Deliberation Committee
for Industrial Accident Compensation Insurance and Prevention
under Article 8 (1) of the Industrial Accident Compensation
▮▮ 733
Insurance Act. This provision shall also apply in cases where

he/she intends to modify the plan. <Amended by Act No. 9796,
Oct. 9, 2009 and Act No. 10339, Jun. 4, 2010>
Article 9 (Request, etc., for Cooperation)
(1) If it is deemed necessary for the effective execution of
the industrial accident and disease prevention plan, the Minister
of Employment and Labor may request any necessary cooperation
from the head of the related administrative agency or the head
of a public institution under Article 4 of the Act on the
Management of Public Institutions. <Amended by Act No. 10339,
Jun. 4, 2010>
(2) If the head of an administrative agency (excluding the
Ministry of Employment and Labor; hereinafter the same shall
apply in this Act) intends to regulate safety and health in
workplaces, he/she shall consult the Minister of Employment
and Labor in advance. <Amended by Act No. 10339, Jun. 4, 2010>
(3) If the Minister of Employment and Labor requests any
change in the regulation in the course of consultation as referred
to in paragraph (2), the head of the administrative agency shall
comply, and the Minister of Employment and Labor, if necessary,
may confirm the consulted and coordinated matters by reporting
them to the Prime Minister. <Amended by Act No. 10339, Jun. 4, 2010>
(4) If it is deemed necessary for the prevention of industrial
accidents, the Minister of Employment and Labor may recommend
necessary matters to or request the cooperation of an employer,
an employers’ organization and other related persons. <Amended
by Act No. 10339, Jun. 4, 2010>
Article 9-2 (Public Announcement of Number of Industrial Accidents
Occurring in Workplaces, etc.)
deemed necessary for the prevention of industrial accidents,
publicly announce the number of industrial accidents, accident
rate and rankings of workplaces as prescribed by the Presidential
(2) Necessary matters concerning procedures for and methods
of the announcement prescribed in paragraph (1) shall be

Article 10 (Recording, Reporting, etc., of Industrial Accidents)

(1) When an industrial accident or disease occurs, the
employer shall record the causes, etc. of the accident and disease
and preserve the record for three years as prescribed by the
by Act No. 10339, Jun. 4, 2010>
(2) With regard to the industrial accidents prescribed by the
Ordinance of the Ministry of Employment and Labor among
those recorded in accordance with paragraph (1), an employer
shall report their background, causes, date of report, plans to
prevent a recurrence, etc., to the Minister of Employment and
Labor, as prescribed by the Ordinance of the Ministry of Employment
and Labor. <Amended by Act No. 10305, May 20, 2010; Act No.
10339, Jun. 4, 2010; and Act No. 11882, Jun. 12, 2013>
Article 10-2 Deleted. <Act No. 9434, Feb. 6, 2009>
Article 11 (Posting of Major Contents of the Act, etc.)
(1) An employer shall keep workers informed of the major
contents of this Act and any order issued under this Act by
posting or keeping them at all times in a conspicuous place in
the workplace where workers can see them easily. <Amended by
Act No. 11882, Jun. 12, 2013>
(2) A workers' representative may request the employer to
notify him/her of the contents or results of the following matters,
and the employer shall comply faithfully: <Amended by Act No.
10339, Jun. 4, 2010 and Act No. 10968, Jul. 25, 2011>
1. Matters decided by the Occupational Safety and Health
Committee (referring to the labor-management consultative
body if such a body has been set up and operated
pursuant to Article 29-2) under Article 19 (2);
2. Matters prescribed in each subparagraph of Article 20 (1);
3. Matters prescribed in each subparagraph of Article 29 (2);
4. Matters prescribed in Article 41;
5. Matters concerning work environment monitoring prescribed
in Article 42 (1); and
6. Other matters concerning safety and health prescribed by
Article 12 (Attachment, etc., of Safety and Health Marks)
An employer shall install or attach safety and health marks,
▮▮ 735

and Labor, in order to warn harmful or hazardous facilities and
places in the workplace, inform measures in case of emergency,
and raise other safety awareness. In such cases, an employer
who hires a foreign worker according to Article 2 of the Act on
the Employment of Foreign Workers, etc. shall make efforts to
attach safety and health marks and safety rules in the foreign
language as prescribed by the Minister of Employment and
CHAPTER Ⅱ
Safety and Health Management System
Article 13 (Safety and Health Manager)

(1) An employer shall assign a safety and health manager
(hereinafter referred to as “safety and health manager”) to the
workplace and have him/her generally manage the following
matters: <Amended by Act No. 10339, Jun. 4, 2010 and Act No.
11882, Jun. 12, 2013>
1. Matters concerning the establishment of an industrial
accident and disease prevention plan;
2. Matters concerning the preparation and modification of
the safety and health management regulations under Article
20;
3. Matters concerning the safety and health education of
employees under Article 31;
4. Matters concerning the inspection and improvement of the
work environment, such as work environment monitoring,
under Article 42;
5. Matters concerning the management of health, such as
health examinations of workers, under Article 43;
6. Matters concerning the investigation of the causes of
industrial accidents and the establishment of measures to
prevent a recurrence;
7. Matters concerning the record and maintenance of
statistics on industrial accidents;
8. Matters concerning decisions on whether or not safety devices
and personal protective equipment related to safety and

health meet product standards at the time of purchase; and

9. Other matters concerning the prevention of harm and
hazards for workers prescribed by the Ordinance of the
(2) The safety and health manager shall direct and supervise
a safety manager under Article 15 and a health managers under
Article 16.
(3) The type and size of business where a safety and health
manager shall be assigned, the qualifications of a safety and health
manager and other necessary matters shall be prescribed by the
Article 14 (Supervisor)
(1) An employer shall have a supervisor of the workplace
(referring to the head of a division within a management structure,
who directly manages and supervises production work and
employees involved therein or who takes charge of such a
position; hereinafter the same shall apply) carry out the safety-
and health-related duties prescribed by the Presidential Decree,
such as safety and health inspection: Provided, that with regard
to work prescribed by the Presidential Decree and particularly
requiring hazard prevention, the safety- and health-related duties
prescribed by the Presidential Decree, such as special education for
employees involved in such work, shall be performed additionally.
(2) If an employer has a supervisor under paragraph (1),
he/she shall be deemed to have a manager and a person in
charge of safety management under Article 64 (1) 2 of the
Construction Technology Promotion Act. <Amended by Act No.
11794, May 22, 2013>
Article 15 (Safety Manager, etc.)
(1) An employer shall assign a safety manager to the workplace
and have him/her perform the work of assisting the employer
or the safety and health manager with technical matters concerning
safety among the matters referred to in each subparagraph of
Article 13 (1) and of providing guidance and advice to the
supervisor on such matters. <Amended by Act No. 11882, Jun. 12, 2013>
(2) The type and size of business where a safety manager
shall be assigned, the number of safety managers, the qualifications,
duties, powers and method of appointment of a safety manager,
and other necessary matters shall be prescribed by the Presidential
▮▮ 737

(3) If it is deemed necessary for the prevention of industrial
accidents, the Minister of Employment and Labor may appoint more
than the fixed number of safety managers, or order a safety manager
to be replaced. <Amended by Act No. 10339, Jun. 4, 2010>
(4) The employer of a business falling into the type and
size prescribed by the Presidential Decree may entrust the duties
of a safety manager to an institution specializing in carrying
out the safety management work designated by the Minister of
Employment and Labor (hereinafter referred to as “specialized
institution for safety management”). <Amended by Act No. 10339,
Jun. 4, 2010 and Act No. 11882, Jun. 12, 2013>
(5) Matters concerning the requirements and procedures for
designating a specialized institution for safety management shall
be prescribed by the Presidential Decree and the business conduct
standards for specialized institutions for safety management, the
areas where a specialized institution for safety management can
carry out the duties entrusted thereto, and other necessary
2010 and Act No. 11882, Jun. 12, 2013>
Article 15-2 (Revocation, etc. of Designation)
(1) The Minister of Employment and Labor may revoke the
designation of a specialized institution for safety management or
order the suspension of its business for up to 6 months if it
falls under any of the following subparagraphs: Provided that if
it falls under subparagraph 1 or 2, the designation shall be
revoked. <Amended by Act No. 10339, Jun. 4, 2010; Act No.
10968, Jul. 25, 2011; and Act No. 11882, Jun. 12, 2013>
1. Where the institution is designated in a false or other
fraudulent ways;
2. Where the institution carries out its business during the
period of suspension;
3. Where the institution fails to meet the requirements for
designation;
4. Where the institution carries out its business in violation
of the designated matters and;
5. Where there is any other reason prescribed by the
(2) A person whose designation has been revoked pursuant
to paragraph (1) shall not be designated as a specialized institution

for safety management within 2 years from the date of revocation.

Article 15-3 (Penalty Surcharge)
(1) When the Minister of Employment and Labor needs to
order suspension of business pursuant to Article 15-2, he/she
may impose a penalty surcharge of not more than 100 million
won in lieu of the suspension if such suspension is deemed to
cause severe inconvenience to the service users or undermine
the public interests. <Amended by Act No. 10339, Jun. 4, 2010 and
Act No. 10968, Jul. 25, 2011>
(2) If a person imposed with a penalty surcharge pursuant
to paragraph (1) fails to pay the penalty surcharge until the
deadline, the penalty surcharge shall be collected according to
the process of the recovery of national taxes in arrears.
(3) Standards for imposing penalty surcharges under paragraph
(1) and other necessary matters shall be prescribed by the
Article 16 (Health Manager, etc.)
(1) An employer shall assign a health manager to the workplace
and have him/her perform the work of assisting the employer
or the safety and health manager with technical matters concerning
health among the matters referred to in each subparagraphe of
Article 13 (1), and of providing guidance and advice to the
supervisor on such matters. <Amended by Act No. 11882, Jun. 12, 2013>
(2) The type and size of business where a health manager
shall be assigned, the number of health managers, the qualifications,
duties, powers and method of appointment of a health manager,
(3) Article 15 (3) through (5) and Articles 15-2 and 15-3
shall apply mutatis mutandis to health managers. In such cases,
"safety manager" shall be read as "health manager", "safety
management" as "health management" and "specialized institution
for safety management" as "specialized institution for health
management". <Amended by Act No. 11882, Jun. 12, 2013>
Article 16-2 (Guidance and Advice of Safety Manager, etc.)
Where a safety manager under Article 15 or a health
▮▮ 739
manager under Article 16 proposes technical matters concerning

safety or health prescribed in each subparagraph of Article 13
(1) to the employer or the safety and health manager, or provides
guidance and advice to the supervisor on such matters, the
employer, the safety and health manager and the supervisor
shall take pertinent measures corresponding thereto.
Article 17 (Occupational Physician)
(1) An employer shall assign an occupational physician to
the workplace for the purpose of guiding the health management
of workers and other duties of the health manager, except in
cases where the assigned health manager is a doctor.
(2) The type and size of business where an occupational
physician shall be assigned, the qualifications, duties, powers and
method of appointment of an occupational physician, and other
Article 18 (General Safety and Health Manager)
(1) The employer of any business prescribed by the Presidential
Decree, which is carried out at the same place and falls under
any of the following subparagraphs, shall designate the safety
and health manager for the business as a general safety and
health manager and have him/her generally manage work aimed
at preventing industrial accidents that may occur when workers
employed by the employer and workers employed by his/her
contractor (including subcontractors; hereinafter the same shall
apply) work together at the same place. In such cases, an employer
whose business is not required to assign a safety and health
manager shall designate the person who generally manage and
control the business in the workplace as the general safety and
health manager: <Amended by Act No. 10968, Jul. 25, 2011 and
Act No. 11882, Jun. 12, 2013>
1. Business a part of which shall be carried out separately
under a contract; and
2. Business consisting of specialized areas of construction
work, all of which shall be carried out under a contract.
(2) If a general safety and health manager is designated
pursuant to paragraph (1), a general safety manager prescribed
in Article 64 (1) 1 of the Construction Technology Promotion
Act shall be deemed to have been designated. <Amended by Act
No. 11794, May 22, 2013>

(3) The duties and powers of a general safety and health

manager and other necessary matters shall be prescribed by the
Article 19 (Occupational Safety and Health Committee)
(1) In order to deliberate or decide on important matters
concerning occupational safety and health, an employer shall
establish and operate an occupational safety and health committee
composed of an equal number of workers and employers.
(2) An employer shall have the occupational safety and health
committee deliberate and decided on the matters described in
each of the following subparagraphs:
1. Matters concerning Article 13 (1) 1 through 5 and 7;
2. Matters concerning the serious industrial accidents prescribed
in Article 13 (1) 6; and
3. Matters concerning safety and health measures to be
taken in case of introducing harmful or hazardous machines,
instruments and other equipment.
(3) A meeting of an occupational safety and health committee
shall be held as prescribed by the Presidential Decree and the
minutes of the meeting shall be taken and kept.
(4) An occupational safety and health committee may determine
the matters necessary to maintain and improve the safety and
health of workers in the workplace.
(5) An employer and workers shall faithfully fulfill the
matters deliberated, decided or determined by the occupational
safety and health committee pursuant to paragraphs (2) and (4).
(6) The deliberation, decision or determination by the occupational
safety and health committee under paragraphs (2) and (4) shall
not be contrary to this Act and the order, collective agreements,
and employment rules under this Act, and the safety and health
management regulations under Article 20.
(7) An employer shall not treat a member of the occupational
safety and health committee unfavorably by reason of his/her
legitimate activities as a member of the Committee.
(8) Necessary matters concerning the type and size of business
where an occupational safety and health committee shall be
established, the composition and operation of an occupational
safety and health committee and how to deal with cases where
a decision is not reached shall be prescribed by the Presidential
Decree.
▮▮ 741
CHAPTER Ⅲ
Safety and Health Management Regulations
Article 20 (Preparation, etc. of Safety and Health Management Regulations)

(1) In order to maintain safety and health in the workplace,
an employer shall prepare safety and health management regulations
including the following matters, post or keep them in the workplace,
and notify workers thereof:
1. Matters concerning the safety and health management
organization and its functions;
2. Matters concerning safety and health education;
3. Matters concerning the safety management of the workplace;
4. Matters concerning the health management of the workplace;
5. Matters concerning accident investigation and the formulation
of accident prevention plans; and
6. Other matters concerning safety and health.
(2) The safety and health management regulations as referred
to in paragraph (1) shall not be contrary to the collective agreement
and the employment rules which are applicable to the workplace
concerned. Where any part of the safety and health management
regulations is contrary to the collective agreement or employment
rules, it shall be subject to the standards set by the collective
agreement or employment rules.
(3) Necessary matters concerning the type and size of
business where safety and health management regulations shall
be prepared and details to be included in safety and health
management regulations shall be prescribed by the Ordinance of
10339, Jun. 4, 2010>
Article 21 (Procedure for Preparation and Modification of Safety
and Health Management Regulations)
If an employer prepares or modifies safety and health
management regulations pursuant to Article 20, he/she shall do
so through the deliberation of the occupational safety and
health committee under Article 19: Provided that for a
workplace where an occupational safety and health committee is
not established, the employer shall obtain the consent of the
representative of workers.

Article 22 (Observance etc., of Safety and Health Management Regulations)

(1) An employer and workers shall observe safety and
health management regulations.
(2) Except as provided by this Act, the provisions of the
Labor Standards Act concerning employment regulations shall
apply mutatis mutandis to safety and health management regulations
unless they are contrary to the nature thereof.
CHAPTER Ⅳ
Measures for Preventing Harm and Hazard
Article 23 (Safety Measures)

(1) An employer shall take measures necessary for the prevention
of the following hazards when carrying on business:
1. Hazards caused by machines, instruments or other equipment;
2. Hazards caused by explosive, combustible or inflammable
substances; and
3. Hazards caused by electricity, heat or other energy.
(2) An employer shall take measures necessary for the
prevention of hazards caused by improper work methods during
excavating, quarrying, stevedoring, timbering, transporting, operating,
dismantling, the handling of heavy objects, and other work.
of hazards in places where workers might fall down, places
where sand or structures, etc., might collapse, places where objects
might fall or come flying off, or other places where a hazard,
caused by natural disasters, is anticipated in the course of carrying
out work.
(4) The safety measures to be taken by an employer under
paragraphs (1) through (3) shall be prescribed by the Ordinance
10339, Jun. 4, 2010>
Article 24 (Health Measures)
of the following health problems when carrying on business:
1. Health problems caused by raw materials, gas, vapor,
▮▮ 743
dust, fume, mist, oxygen-deficient air, pathogens, etc.;

2. Health problems caused by radiation, harmful rays, high
temperature, low temperature, ultrasonic waves, noise,
vibration, abnormal air pressure, etc.;
3. Health problems caused by gas, liquid, residue, etc. discharged
from the workplace;
4. Health problems caused by the monitoring of gauges, the
operation of computer terminals, precision work, etc.; and
5. Health problems caused by simple and repetitive work or
work which requires excessive physical labor; and
6. Health problems caused by failures to maintain the proper
standards of ventilation, lighting, illumination, thermal
insulation, dampproofing, cleaning, etc.
(2) The health measures to be taken by an employer under
Jun. 4, 2010>
Article 25 (Matters to be Observed by Workers)
Workers shall observe the measures taken by employers
pursuant to Articles 23, 24 and 38-3 as prescribed by the
by Act No. 10339, Jun. 4, 2010 and Act No. 11882, Jun. 12, 2013>
Article 26 (Suspension, etc., of Work)
(1) If there is an imminent risk that an industrial accident
and disease may occur, or a serious accident and disease has
occurred, the employer shall take necessary safety and health
measures, such as the immediate suspension of operations and the
evacuation of workers from the workplace, and then resume work.
(2) If a worker suspends work and takes shelter due to any
urgent risk of an industrial accident and disease, he/she shall
report it without delay to the immediate superior officer, who
shall take appropriate measures to address the situation.
(3) If there are reasonable grounds to believe that there
exists any imminent risk of an industrial accident and disease,
the employer shall not dismiss or give other unfavorable treatments
to workers who have suspended work and taken shelter pursuant
to paragraph (2), because they have done so.
(4) If a serious accident and disease occurs, the Minister of
Employment and Labor may investigate the accident to find out

the cause or establish preventive measures, and may have a

labor inspector and related experts make a safety and health
diagnosis, and take other necessary measures as prescribed by
(5) No person shall obstruct any investigation into the cause
of an accident under paragraph (4) by impairing the site where
the serious accident has occurred.
Article 27 (Technical Guidelines and Work Environment Standards)
(1) The Minister of Employment and Labor may set technical
guidelines and work environment standards on the following
matters and provide guidance and recommendations to employers:
<Amended by Act No. 10339, Jun. 4, 2010; Act No. 10968, Jul. 25,
2011 and Act No. 11882, Jun. 12, 2013>
1. Measures to be taken by an employer pursuant to Articles
23, 24 and 26; and
2. Measures to be taken by a person falling under any
subparagraph of Article 5 (2) to prevent industrial
accidents pursuant to Article 5 (2).
(2) If it is deemed necessary for setting the guidelines and
standards referred to in paragraph (1), the Minister of Employment
and Labor may organize and operate a standard-setting committee
by field. <Amended by Act No. 10339, Jun. 4, 2010>
(3) The composition and operation of a standard setting
committee and other necessary matters shall be determined by
the Minister of Employment and Labor. <Amended by Act No.
10339, Jun. 4, 2010>
Article 28 (Prohibition of Contract for Harmful Work)
(1) Work harmful or hazardous to safety and health and
prescribed by the Presidential Decree shall not be separated and
contracted out (including subcontracting) without obtaining
authorization from the Minister of Employment and Labor.
(2) The standards of the safety and health measures to be
observed when harmful or hazardous work is contracted out
pursuant to paragraph (1) shall be prescribed by the Ordinance
10339, Jun. 4, 2010>
(3) If the Minister of Employment and Labor gives the
▮▮ 745
authorization as referred to in paragraph (1), he/she shall

conduct a safety and health evaluation pursuant to Article 49.
(4) If a person who has received the authorization as
referred to in paragraph (1) is short of the standard as referred
to in paragraph (2), the Minister of Employment and Labor
shall revoke the authorization. <Amended by Act No. 10339, Jun.
4, 2010>
Article 29 (Safety and Health Measures for Contracted Business)
(1) The employer of any business prescribed by the
Presidential Decree, which is carried out at the same place and
falls under any of the following subparagraphs, shall take
measures to prevent industrial accidents which may occur when
workers employed by him/her and workers employed by
his/her contractor work together at the same place: <Amended
by Act No. 10339, Jun. 4, 2010 and Act No. 10968, Jul. 25, 2011>
1. Business a part of which shall be carried out separately
under a contract; and
2. Business consisting of specialized areas of construction
work, all of which shall be carried out under a contract.
(2) Measures to be taken to prevent industrial accidents
pursuant to parts other than each subparagraph of paragraph (1)
are as follows: <Newly Inserted by Act No. 10968, Jul. 25, 2011>
1. Organization and operation of a consultative body concerning
safety and health;
2. Safety and health management, such as an inspection tour
of the workplace;
3. Guidance and support for the safety and health education
for workers conducted by the contractor;
4. Work environment monitoring under Article 42 (1); and
5. Operation of alarms to cope with any of the following
cases and notification to the contractor and workers
employed by the contractor of matters on the operation
of alarms:
A. Where blasting work is conducted at the worksite; and
B. Where a fire breaks out or an accident involving the
collapse of soil and rocks occurs at the worksite.
(3) An employer referred to in paragraph (1) shall, if workers
employed by his/her contractor work in any place prescribed
by the Ordinance of the Ministry of Employment and Labor and
having a risk of industrial accidents, such as a place with a

risk of collapse of soil, etc., fire, explosion, fall or high-altitude

fall, take the measures for prevention of industrial accidents
Labor, such as installing safety and health facilities. <Amended
by Act No. 10339, Jun. 4, 2010; Act No. 10968, Jul. 25, 2011 and
Act No. 11882, Jun. 12, 2013>
(4) An employer referred to in paragraph (1) shall conduct
safety and health inspections for the workplace periodically or
whenever necessary, together with his/her workers, his/her
contractor and workers employed by his/her contractor, as
Labor, <Amended by Act No. 10339, Jun. 4, 2010 and Act No.
10968, Jul. 25, 2011>
(5) A person who contracts out work harmful or hazardous
to safety and health, such as remodeling equipment that
manufactures, uses, transports or stores chemicals or preparations
containing chemicals, shall take necessary measures, such as
providing information on safety and health, as prescribed by the
Ordinance of the Ministry of Employment and Labor, in order
to prevent industrial accidents for workers of the contractor
which carries out the relevant work. In such cases, specific
matters concerning equipment that manufactures, uses, transports
or stores chemicals or preparations containing chemicals and work
harmful or hazardous to safety and health shall be prescribed
by the Presidential Decree. <Newly Inserted by Act No. 11882,
Jun. 12, 2013>
(6) An employer referred to in paragraph (1) and a person
who contracts out work under paragraph (5) shall, if his/her
contractor or workers thereof violate this Act or any order
issued under this Act in relation to the relevant work, take
necessary measures to correct the violation. <Amended by Act
No. 10968, Jul. 25, 2011 and Act No. 11882, Jun. 12, 2013>
(7) A contractor and its workers shall comply with measures
taken under paragraphs (1) through (6) unless there is any
justifiable reason not to do so. <Amended by Act No. 10968, Jul.
25, 2011 and Act No. 11882, Jun. 12, 2013>
(8) A person who contracts out business to another person
shall observe the following matters to ensure the safe and
sanitary performance of the work: <Amended by Act No. 10968,
Jul. 25, 2011 and Act No. 11882, Jun. 12, 2013>
1. The construction period calculated in accordance with design
drawings and documents, etc., shall not be shortened; and
▮▮ 747
2. Risky construction techniques shall not be used nor shall

construction techniques be altered with no justifiable reason
in order to reduce construction costs.
(9) A person who contracts out business to another person
shall provide proper cooperation, such as providing space where
the contractor can set up a sanitation facility or allowing
workers of the contractor to use his/her sanitation facility, so
that the contractor is able to observe the standards for sanitation
facilities prescribed by the Ordinance of the Ministry of Employment
and Labor. <Newly Inserted by Act No. 10968, Jul. 25, 2011 and
Amended by Act No. 11882, Jun. 12, 2013>
(10) Necessary matters for the organization and operation of
a consultative body, the safety and health management of a
workplace and guidance and support for safety and health
education under paragraph (2) 1 through 3 shall be prescribed
<Amended by Act No. 10339, Jun. 4, 2010; Act No. 10968, Jul. 25,
2011; and Act No. 11882, Jun. 12, 2013>
Article 29-2 (Special Case on Organization and Operation of Consultative
Body on Safety and Health)
(1) The employer of a business under Article 29 (1) which
falls into the type and size prescribed by the Presidential Decree
may organize and operate a labor-management consultative body
on safety and health, composed of an equal number of workers
and employers (hereinafter referred to as a “labor-management
consultative body”), as prescribed by the Presidential Decree.
(2) If an employer organizes and operates a labor- management
consultative body pursuant to paragraph (1), he/she shall be
deemed to have organized and operated an occupational safety
and health committee under Article 19 (1) and a consultative
body on safety and health under Article 29 (2) 1. <Amended by
Act No. 10968, Jul. 25, 2011>
(3) An employer who organizes and operates a labor-
management consultative body pursuant to paragraph (1) shall
go through deliberation and decision by the labor-management
consultative body with regard to the matters described in each
subparagraph of Article 19 (2). In such cases, how to deal with
the matters not decided by the labor-management consultative
body shall be prescribed by the Presidential Decree.
(4) A meeting of an labor-management consultative body
shall be held as prescribed by the Presidential Decree and the

minutes of the meeting shall be taken and kept.

(5) A labor-management consultative body may determine
necessary matters to maintain and enhance the safety and health
of workers in the workplace.
(6) A labor-management consultative body shall have
consultation on the matters prescribed by the Ordinance of the
Ministry of Employment and Labor, such as industrial accident
prevention and evacuation method in case of an industrial
accident. <Amended by Act No. 10339, Jun. 4, 2010>
(7) An employer and workers who organize and operate a
labor-management consultative body pursuant to paragraph (1)
shall faithfully implement the matters deliberated and decided
upon or determined by the labor-management consultative body
pursuant to paragraphs (3) and (5).
(8) Article 19 (6) and (7) shall apply mutatis mutandis to
labor-management consultative bodies.
Article 29-3 (Request for Design Change)
(1) A contractor of construction work (referring to the
person to whom the construction work is contracted out first;
hereinafter the same shall apply in this Article) may, if there is
deemed to be a high risk of industrial accidents, such as collapse
of temporary structures, during construction work, make a request
for design change to the client who has awarded the contract for
construction work (excluding cases where the contract awarded
covers designing; hereinafter the same shall apply in this Article)
after hearing opinions from experts. In such cases, specific matters
concerning cases deemed to have a high risk of industrial accidents
and experts from whom a contractor shall hear opinions shall
(2) A contractor who has been ordered to discontinue construction
work or modify a plan by the Minister of Employment and Labor
pursuant to Article 48 (4) may, if design change is needed, made
a request for design change to the client who has awarded the
contract for construction work.
(3) A client who receives a request for design change under
paragraphs (1) and (2) shall change the design in a way to
reflect the request unless there is any special reason prescribed
(4) The contents of and procedures for requests for design
change under paragraphs (1) and (2) and other necessary matters
▮▮ 749
and Labor. In such cases, the Minister of Land, Infrastructure

and Transport shall be consulted in advance.
<This Article Newly Inserted by Act No. 11882, Jun. 12, 2013>
Article 30 (Appropriation, etc., of Occupational Safety and Health
Management Expenses)
(1) If a person who contracts out construction, shipbuilding
or repairs business or other business prescribed by the Presidential
Decree or carries out such business independently enters into
the contract or establishes the independent business plan, he/she
shall appropriate occupational safety and health management
expenses for the prevention of industrial accidents in the
amount of the contract or work expenses under such conditions
as determined and announced by the Minister of Employment
(2) To ensure efficient spending of occupational safety and
health management expenses referred to in paragraph (1), the
Minister of Employment and Labor may set standards for the
following matters: <Amended by Act No. 10339, Jun. 4, 2010>
1. Standards for the disbursement of expenses according to
the progress of construction work;
2. Method and details necessary for disbursement by size
and type of business; and
3. Other matters necessary for the disbursement of occupational
safety and health management expenses.
(3) No contractor or person operating a business independently
under paragraph (1) shall use occupational safety and health
management expenses for any other purpose. In such cases, the
occupational safety and health management expenses for which
standards are determined under paragraph (2) shall be spent
according to such standards, and the statement detailing such
spending shall be prepared and kept as prescribed by the
by Act No. 10339, Jun. 4, 2010>
(4) Deleted. <Act No. 11882, Jun. 12, 2013>
Article 30-2 (Specialized Institutions Providing Guidance on Accident
Prevention)
(1) If a contractor awarded a contract or a person operating
a business independently under Article 30 (1), who is prescribed
by the Ordinance of the Ministry of Employment and Labor,

intends to use occupational safety and health management

expenses, he/she shall receive guidance in advance from a
specialized institution (hereinafter referred to as “specialized
institution providing guidance on accident prevention”) designated
by the Minister of Employment and Labor, on the method of
use, accident prevention measures, etc.
(2) The requirements and procedures for designating a
specialized institution providing guidance on accident prevention,
the contents of guidance, and other necessary matters shall be
(3) Articles 15-2 and 15-3 shall apply mutatis mutandis to
specialized institutions providing guidance on accident prevention.
In such cases, "specialized institution for safety management"
shall be read as "specialized institution providing guidance on
accident prevention".
specialized institutions providing guidance on accident prevention
and make public the results. In such cases, evaluation standards
and methods and matters necessary for making public results
and Labor.
Article 31 (Safety and Health Education)
(1) An employer shall periodically provide safety and health
education for workers in the workplace as prescribed by the
by Act No. 10339, Jun. 4, 2010>
(2) When an employer hires a worker (excluding cases in
which a daily construction worker is hired), and changes the
contents of work, he/she shall provide the worker concerned
with safety and health education related to the work, as prescribed
25, 2011>
(3) When an employer employs a worker for harmful or
hazardous work, he/she shall provide special safety and health
education related to the work as prescribed by the Ordinance of
10339, Jun. 4, 2010>
(4) Notwithstanding paragraphs (1) through (3), cases prescribed
such as where education is provided for workers with experience
▮▮ 751
in the work concerned, may be exempt from all or part of

safety and health education. <Newly Inserted by Act No. 11882,
Jun. 12, 2013>
(5) An employer may entrust the safety and health education
referred to in paragraphs (1) through (3) to a specialized
institution equipped with manpower, facilities and equipment
necessary for such education and designated by the Minister of
2010 and Act No. 11882, Jun. 2, 2013>
Article 31-2 (Basic Safety and Health Education in Construction Industry)
(1) When the employer of a business in the construction
industry hires a daily construction worker, he/she shall have
such a worker to complete basic safety and health education
(hereinafter referred to as "basic eduction for the construction
industry") provided by an institution that is registered with the
Minister of Employment and Labor after meeting the requirements
prescribed by the Presidential Decree, such as for manpower,
facilities and equipment: Provided that this shall not apply if
the daily construction worker has completed basic eduction for
the construction industry before being employed by the employer.
(2) Necessary matters concerning the registration procedures
under paragraph (1) shall be prescribed by the Presidential Decree.
(3) Necessary matters concerning the time, contents and
method of basic education for the construction industry shall be
prescribed by the Ordinance of the Ministry of Employment and Labor.
Article 32 (Education for Safety and Health Manager, etc.)
shall receive job competency education on safety and health
(hereinafter referred to as “job competency education”) to be
conducted by the Minister of Employment and Labor: <Amended
by Act No. 10339, Jun. 4, 2010>
1. A safety and health manager, safety manager under Article
15 and health manager under Article 16; and
2. A person engaged in a specialized institution providing
guidance on accident prevention
(2) Notwithstanding paragraph (1), the cases prescribed by
the Ordinance of the Ministry of Employment and Labor, such
as where education is received under other Acts and subordinate
statutes, may be exempted from all or part of job competency

education. <Amended by Act No. 10339, Jun. 4, 2010>

(3) An institution which intends to be entrusted with job
competency education under paragraph (1) shall register itself
with the Minister of Employment and Labor after meeting the
requirements prescribed by the Presidential Decree, such as for
qualifications, manpower, facilities and equipment. <Newly
Inserted by Act No. 10968, Jul. 25, 2011>
(4) Necessary matters concerning the time, contents and
method of job competency education shall be prescribed by the
(5) Necessary matters concerning the registration procedures
Decree. <Newly Inserted by Act No. 10968, Jul. 25, 2011>
Article 32-2 (Evaluation of Registered Institutions)
institutions registered pursuant to Article 31-2 (1) or Article 32
(3), and disclose the results.
(2) Necessary matters concerning the criteria and method of
an evaluation under paragraph (1) and disclosure of the results
thereof shall be prescribed by the Ordinance of the Ministry of
Article 32-3 (Application Mutatis Mutandis)
Article 15-2 shall apply mutatis mutandis to institutions
registered with the Minister of Employment and Labor pursuant
to Article 31-2 (1) or Article 32 (3). In such cases, "specialized
institution for safety management" shall be read as "institution
registered with the Minister of Employment and Labor pursuant
to Article 31-2 (1) or Article 32 (3)" and "designation" as
"registration". <Amended by Act No. 11882, Jun. 12, 2013>
Article 33 (Protective Measures, etc. for Harmful or Hazardous
Machines, Instruments, etc.)
(1) No person shall transfer, lease, install, provide for use or
display for the purpose of transfer or lease, the machines and
instruments prescribed by the Presidential Decree, which require
harmful or hazardous work or are operated by electric power,
without taking the protective measures for prevention of harm
▮▮ 753
and hazards prescribed by the Ordinance of the Ministry of

2010 and Act No. 11882, Jun. 12, 2013>
(2) No person shall transfer, lease, install, provide for use or
display for the purpose of transfer or lease, power-operated
machines and instruments which have lugs on their operating
parts, power transmission parts, speed control parts or nip points
between rotating machines, without taking the protective measures
Labor. <Newly Inserted by Act No. 11882, Jun. 12, 2013>
(3) A person who lends or borrows the machines, instruments,
equipment, buildings, etc. prescribed by the Presidential Decree
to or from another person shall take the necessary measures for
prevention of harm and hazards prescribed by the Ordinance of
10339, Jun. 4, 2010 and Act No. 11882, Jun. 12, 2013>
Article 34 (Safety Certification)
(1) To assess the safety of harmful or hazardous machines,
instruments, equipment, protective devices and personal protective
equipment (hereinafter referred to as “harmful or hazardous
machines, instruments, equipment, etc.”), the Minister of Employment
and Labor may determine and announce safety certification
criteria (hereinafter referred to as “safety certification criteria”)
concerning safety-related performance, manufacturers' technology
capacity and production system, etc. In such cases, the safety
certification criteria may be determined by type, size and form
of harmful or hazardous machine, instrument, equipment, etc.
12, 2013>
(2) A person who manufactures (including cases of installing
or moving the machines, instruments, etc., prescribed by the
Ordinance of the Ministry of Employment and Labor or altering
the major structural parts thereof; hereinafter the same shall
apply in this Article and Articles 34-2 through 34-4.) or imports
harmful or hazardous machines, instruments, equipment, etc.,
which are prescribed by the Presidential Decree as they are
deemed necessary for the safety and health of workers (hereinafter
referred to as “machines, instruments, etc. subject to safety
certification”) shall receive safety certification administered by
the Minister of Employment and Labor to see if the machines,
instruments, etc. subject to safety certification meet the safety

certification criteria. <Amended by Act No. 10339, Jun. 4, 2010 and

Act No. 11882, Jun. 12, 2013>
(3) Any of the following cases may be exempted from all or
part of safety certification under paragraph (2), as prescribed by
the Ordinance of the Ministry of Employment and Labor:
1. Where the machines, instruments, etc. are manufactured
or imported for the purpose of research and development,
or manufactured for the purpose of export;
2. Where the certification has been received from a foreign
safety certification institution determined and announced
by the Minister of Employment and Labor; and
3. Where safety inspection or certification has been received
under other Acts and subordinate statutes.
(4) To receive an assessment of the safety-related performance,
etc., of harmful or hazardous machines, instruments, equipment,
etc., which are not machines, instruments, etc., subject to safety
certification, the manufacturer or importer may apply for safety
certification to the Minister of Employment and Labor. In such
cases, the safety certification may be administered in accordance
with the safety certification criteria determined and announced
10339, Jun. 4, 2010 and Act No. 11882, Jun. 12, 2013>
(5) The Minister of Employment and Labor shall check whether
a person who has received safety certification (hereinafter referred
to as “safety certification”) pursuant to paragraphs (2) and (4)
observes the safety certification criteria at a regular interval
Labor but not exceeding three years: Provided that if a partial
exemption is made from safety certification pursuant to paragraph
(3), all or part of such check may be omitted. <Amended by Act
No. 10339, Jun. 4, 2010; Act No. 10968, Jul. 25, 2011; and Act No.
11882, Jun. 12, 2013>
(6) A person who has received safety certification pursuant
to paragraph (2) shall record matters concerning the products
for which safety certification has been received, such as product
names, models, production quantities, sales quantities and the
current status of sales outlets, and preserve the record, as
Labor. <Newly Inserted by Act No. 10968, Jul. 25, 2011>
necessary for the safety and health of workers, he/she may order
▮▮ 755
a person who manufactures, imports or sells machines, instruments,

etc., subject to safety certification to submit information on the
relevant machines, instruments, etc., subject to safety certification
to the Agency as prescribed by the Ordinance of the Ministry
of Employment and Labor. <Newly Inserted by Act No. 10968,
Jul. 25, 2011 and Amended by Act No. 11882, Jun. 12, 2013>
(8) Necessary matters concerning the application for, method
of and procedure for safety certification, and the method of and
procedure for making a check under paragraph (5) shall be
Labor. <Amended by Act No. 10339, Jun. 4, 2010 and Act No.
10968, Jul. 25, 2011>
Article 34-2 (Safety Certification Mark, etc.)
(1) A person who has received safety certification shall put
a safety certification mark (hereinafter referred to as “safety
certification mark”) on harmful or hazardous machines, instruments,
equipment, etc., and the packages and containers thereof as
Labor. <Amended by Act No. 10339, Jun. 4, 2010 and Act No.
11882, Jun. 12, 2013>
(2) Harmful or hazardous machines, instruments, equipment,
etc., other than those for which safety certification has been
received shall not have a safety certification mark or other marks
similar thereto or shall not be used for advertisements about
safety certification. <Amended by Act No. 11882, Jun. 12, 2013>
(3) A person who manufactures, imports, transfers and lends
harmful or hazardous machines, instruments, equipment, etc., for
which safety certification has been received shall not arbitrarily
change and remove the safety certification mark. <Amended by
Act No. 11882, Jun. 12, 2013>
(4) In any of the following cases, the Minister of Employment
and Labor shall order the removal of the safety certification mark
or other similar marks: <Amended by Act No. 10339, Jun. 4, 2010>
1. Where the safety certification mark or other similar marks
are put in violation of paragraph (2); and
2. Where safety certification has been revoked or a order to
prohibit the use of a safety certification mark has been
issued pursuant to Article 34-3 (1).
Article 34-3 (Revocation, etc. of Safety Certification)

(1) If a person who has received safety certification falls

under any of the following subparagraphs, the Minister of
Employment and Labor may revoke the safety certification,
prohibit the use of the safety certification mark for a period of
less than six months, or order improvements to be made in line
with the safety certification criteria: Provided that in the case of
subparagraph 1, the safety certification shall be revoked:
12, 2013>
1. If the person has received safety certification in a false or
other fraudulent ways;
2. If the harmful or hazardous machines, instruments, equipment,
etc., for which safety certification has been received fail to
meet the safety certification criteria in terms of their
safety-related performance, etc.; and
3. If the person refuses, avoids or interferes with the check
under Article 34 (5) without a justifiable reason.
(2) If the Minister of Employment and Labor revokes safety
certification pursuant to paragraph (1), he/she shall make public
notice of this, as prescribed by the Ordinance of the Ministry of
(3) A person whose safety certification has been revoked pursuant
to paragraph (1) shall not apply to receive safety certification
for harmful or hazardous machines, instruments, equipment, etc.,
of the same size and form within one year from the date of
revocation. <Amended by Act No. 11882, Jun. 12, 2013>
Article 34-4 (Prohibition, etc., of Manufacture, Import, Use, etc., of
Machines, Instruments, etc. Subject to Safety Certification)
(1) Machines, instruments, etc., subject to safety certification
falling under any of the following subparagraphs shall not be
manufactured, imported, transferred, leased, or used or displayed
for the purpose of transfer or lease: <Amended by Act No. 10339, Jun.
4, 2010; Act No. 10968, Jul. 25, 2011; and Act No. 11882, Jun. 12, 2013>
1. Where for the machines, instruments, etc., safety certification
has not been received (excluding cases exempt from all of
safety certification pursuant to Article 34 (3));
2. Where the machines, instruments, etc., fail to meet the
safety certification criteria determined and announced by
the Minister of Employment and Labor pursuant to Article
34 (1); and
3. Where for the machines, instruments, etc., safety certification
▮▮ 757
is revoked, or an order to prohibit the use of the safety

certification mark is issued.
(2) The Minister of Employment and Labor may order a
person who manufactures, imports, transfers or leases machines,
instruments, etc., subject to safety certification in violation of
paragraph (1) to recall and destroy the machines, instruments, etc.,
subject to safety certification as prescribed by the Ordinance of
10339, Jun. 4, 2010 and Act No. 11882, Jun. 12, 2013>
Article 34-5 (Designation of Safety Certification Institution)
an institution (hereinafter referred to as "safety certification
institution") to be entrusted to perform safety certification work
and the work of making a check pursuant to Article 34 (5).
(2) To ensure the efficient performance of safety certification
work, the Minister of Employment and Labor may investigate
and evaluate the performance of safety certification institutions or
provide guidance and conduct inspection on their handling of work.
(3) Necessary matters concerning requirements for the manpower,
facilities, equipment, etc., of a safety certification institution and
procedures for the designation of a safety certification institution
(4) Article 15-2 shall apply mutatis mutandis to safety
certification institutions. In such cases, "specialized institution for
safety management" shall be read as "safety certification institution".
Article 34-6 Deleted <Act No. 8562, Jul. 27, 2007>
Article 35 (Report of Self Safety Check)
(1) A person who manufactures or imports harmful or hazardous
machines, instruments, equipment, etc., which are not machines,
instruments, etc., subject to safety certification and are prescribed
by the Presidential Decree (hereinafter referred to as “machines,
instruments, etc., subject to self safety check”) shall check (hereinafter
referred to as “self safety check”) if the safety-related performance
of the machines, instruments, etc., subject to self safety check
meet the safety standards (hereinafter referred to as “self safety
standards”) determined and announced by the Minister of Employment
and Labor and then report the results to the Minister of Employment

and Labor (including cases where reported matters are altered):

Provided that any of the following cases may be exempted
from such reporting: <Amended by Act No. 10339, Jun. 4, 2010
and Act No. 11882, Jun. 12, 2013>
1. Where the machines, instruments, etc., are manufactured
or imported for the purpose of research and development,
or manufactured for the purpose of export;
2. Where safety certification has been received pursuant to
Article 34 (4) (excluding cases where safety certification is
revoked, or an order to prohibit the use of the safety
certification mark is issued.); and
3. Where safety inspection or certification has been received
under other Acts and subordinate statutes prescribed by
(2) A person who has made a report pursuant to paragraph
(1) shall keep the documents that prove that the machines,
instruments, etc. subject to self safety check are in conformity
with the self safety standards.
(3) Necessary matters concerning the method, etc., of filing a
report under paragraph (1) shall be prescribed by the Ordinance
10339, Jun. 4, 2010>
Article 35-2 (Marking etc. of Self Safety Check)
(1) A person who has reported pursuant to Article 35 (1)
shall put a self safety check mark (hereinafter referred to as a
“self safety check mark”) on the machines, instruments, etc.
subject to self safety check, or the containers and packages thereof
(2) Machines, instruments, etc. other than those subject to
self safety check which are reported pursuant to Article 35 (1)
shall not have a self safety check mark or other marks similar
thereto, and be used for advertisements about self safety check.
(3) A person who manufactures, imports, transfers or leases
machines, instruments, etc. subject to self safety check which are
reported pursuant to Article 35 (1) shall not arbitrarily change
or remove a self safety check mark.
(4) In any of the following cases, the Minister of Employment
and Labor shall issue an order to remove a self safety check
mark or other marks similar thereto: <Amended by Act No.
10339, Jun. 4, 2010 and Act No. 10968, Jul. 25, 2011>
▮▮ 759
1. Where a self safety check mark or other marks similar

thereto are put in violation of paragraph (2);
2. Where a report under Article 35 (1) has been made in a
false or other fraudulent ways; and
3. Where an order to prohibit the use of a self safety check
mark is issued under Article 35-3 (1)
Article 35-3 (Prohibition etc. of Use of Self Safety Check Mark)
(1) If the safety-related performance of machines, instruments,
etc. subject to self safety check which were reported pursuant to
Article 35 (1) fails to meet the self safety standards, the Minister
of Employment and Labor may prohibit the person who has
made that report pursuant to Article 35 (1) from using the self
safety check mark or issue an order for improvement to meet
the self safety standards for a period of up to six months.
<Amended by Act No. 10339, Jun. 4, 2010 and Act No. 10968, Jul. 25,
2011>
(2) When the Minister of Employment and Labor prohibits
the use of a self safety check mark pursuant to paragraph (1),
he/she shall give public notice of this. <Newly Inserted by Act
No. 10968, Jul. 25, 2011>
(3) The contents, method and procedure of a public notice
under paragraph (2) and other necessary matters concerning such
a public notice shall be prescribed by the Ordinance of the
Ministry of Employment and Labor. <Newly Inserted by Act No.
10968, Jul. 25, 2011>
Article 35-4 (Prohibition, etc, of Manufacture, Import, Use, etc. of
Machines, Instruments, etc. Subject to Self Safety Check)
(1) Machines, instruments, etc. subject to self safety check,
which fall under any of the following subparagraphs shall not
be manufactured, imported, transferred or leased, or be displayed
for the purpose of transfer or lease: <Amended by Act No. 10339,
Jun. 4, 2010 and Act No. 10968, Jul. 25, 2011>
1. Where a report under Article 35 (1) is not made (excluding
cases where they are exempted from the obligation to
report pursuant to the proviso to Article 35 (1))
2. Where a report under Article 35 (1) is made in a false or
3. Where the machines, instruments, etc., fail to meet the
self safety standards determined and announced by the

Minister of Employment and Labor pursuant to Article 35

(1); and
4. Where an order to prohibit the use of a self safety check
mark is issued pursuant to Article 35-3 (1).
(2) The Minister of Employment and Labor may order a
person who manufactures, imports, transfers or leases machines,
instruments, etc. subject to self safety check in violation of
paragraph (1) to recall or destroy the machines, instruments, etc.
subject to self safety check as prescribed by the Ordinance of
10339, Jun. 4, 2010>
Article 36 (Safety Inspection)
(1) An employer (including employers who run a business
without employing any worker; hereinafter the same shall apply)
who uses harmful or hazardous machines, instruments and
equipment (hereinafter referred to as “harmful or hazardous machines,
etc.”) prescribed by the Presidential Decree shall receive an
inspection (hereinafter referred to as “safety inspection”) administered
by the Minister of Employment and Labor on whether the
safety-related performance of the harmful or hazardous machines,
etc. meets the inspection standards determined and announced
by the Minister of Employment and Labor. In such cases, if an
employer who uses harmful or hazardous machines, etc., and a
person who owns such machines, etc., are different, the owner
of the harmful or hazardous machines, etc., shall receive a
safety inspection. <Amended by Act No. 10339, Jun. 4, 2010 and
Act No. 10968, Jul. 25, 2011>
(2) Notwithstanding paragraph (1), if an employer has received
an inspection or certification for safety under other Acts and
subordinate statutes prescribed by the Ordinance of the Ministry
of Employment and Labor, he/she may be exempted from a
safety inspection. <Newly Inserted by Act No. 10968, Jul. 25, 2011>
(3) An employer who uses harmful or hazardous machines,
etc. which have passed a safety inspection shall put a mark
indicating that the harmful or hazardous machines, etc., have
passed a safety inspection. <Amended by Act No. 10968, Jul. 25, 2011>
(4) Harmful or hazardous machines, etc. falling under any
of the following subparagraphs shall not be used: <Amended by
Act No. 10968, Jul. 25, 2011>
1. Harmful or hazardous machines, etc. which have failed to
receive a safety inspection (excluding cases where they are
▮▮ 761
exempt from a safety inspection pursuant to the proviso

to paragraph (2)); and
2. Harmful or hazardous machines, etc. which have failed to
pass a safety inspection
an institution (hereinafter referred to as "safety inspection institution")
to be entrusted to perform safety inspection work. <Newly Inserted
by Act No. 10968, Jul. 25, 2011>
(6) If a safety inspection institution finds harmful or hazardous
machines, etc., falling under each subparagraph of paragraph
(4), it shall, without delay, report this to the head of the competent
local employment and labor office. <Newly Inserted by Act No.
10968, Jul. 25, 2011>
(7) To ensure the efficient performance of safety inspection
work, the Minister of Employment and Labor may investigate
the performance of safety inspection institutions or provide guidance
and conduct inspection on their handling of work. <Newly Inserted
by Act No. 10968, Jul. 25, 2011>
(8) Necessary matters concerning the requirements for the
manpower, facilities, equipment, etc., of a safety inspection institution
and procedures for the designation of a safety inspection institution
shall be prescribed by the Presidential Decree. <Newly Inserted
by Act No. 10968, Jul. 25, 2011>
(9) Necessary matters concerning applications for safety
inspection, inspection cycle and the method of indicating that
machines, etc., have passed a safety inspection shall be prescribed
by the Ordinance of the Ministry of Employment and Labor. In
such cases, the inspection cycle shall be determined in consideration
of the type, lifespan and hazardousness of harmful or hazardous
machines, etc. <Amended by Act No. 10339, Jun. 4, 2010 and Act
No. 10968, Jul. 25, 2011>
(10) Article 15-2 shall apply mutatis mutandis to safety inspection
institutions. In such cases, "specialized institution for safety
management" shall be read as "safety inspection institution".
Article 36-2 (Safety Inspection under Self Inspection Program)
(1) Notwithstanding Article 36 (1), if a person who has to
receive a safety inspection determines an inspection program
(hereinafter referred to as “self inspection program”) satisfying
the inspection standards under the main sentence of Article 36
(1), and inspection cycle, method of indicating that machines,

etc., have passed a safety inspection, etc., under Article 36 (9),

in consultation with the workers' representatives (excluding cases
where there is no worker employed) and conducts an inspection
of the safety-related performance of harmful or hazardous machines,
etc., in accordance with it after receiving authorization from the
Minister of Employment and Labor, he/she shall be deemed to
have received a safety inspection. In such cases, the valid term
of the self inspection program shall be two years. <Amended by
Act No. 10339, Jun. 4, 2010 and Act No. 10968, Jul. 25, 2011>
(2) If a person who has to receive a safety inspection pursuant
to Article 36 (1) intends to conduct an inspection under a self
inspection program, he/she shall receive an inspection from a
person falling under any of the following subparagraphs, and
record and keep the results: <Amended by Act No. 10339, Jun. 4,
2010; Act No. 10968, Jul. 25, 2011; and Act No. 11882, Jun. 12, 2013>
1. A person who has the qualifications and experience prescribed
by the Ordinance of the Ministry of Employment and Labor;
and
2. A person who has completed inspector training, as prescribed
and has practical experience in the relevant field.
(3) A person who has to receive a safety inspection pursuant
to Article 31 (1) may entrust an inspection under paragraph (2)
to an inspection institution (hereinafter referred to as “designated
inspection institution”) designated by the Minister of Employment
and Labor. <Amended by Act No. 10339, Jun. 4, 2010 and Act No.
10968, Jul. 25, 2011>
(4) If a person who has received authorization for a self-inspection
program falls under any of the following subparagraphs, the
Minister of Employment and Labor may revoke the authorization
for the self-inspection program, or order the person to make
improvements, such as by conducting an inspection according to
the contents of an authorized self-inspection program: Provided
that authorization shall be revoked in the case of subparagraph
1: <Amended by Act No. 10339, Jun. 4, 2010>
1. Where the person has received authorization for the
self-inspection program in a false or other fraudulent ways;
2. Where the person fails to conduct an inspection after
receiving authorization for a self-inspection program;
3. Where the person fails to conduct an inspection according
to the contents of the authorized self-inspection program;
and
▮▮ 763
4. Where an inspection is not conducted by a person with

qualifications under paragraph (2) or a designated inspection
institution.
(5) Harmful or hazardous machines, etc. for which authorization
for a self-inspection program is revoked pursuant to paragraph
(4) shall not be used.
(6) Necessary matters concerning contents to be included in
a self-inspection program, conditions for, method of and procedure
for authorization for a self inspection program, and conditions and
procedure for the designation of a designated inspection institution
(7) Article 15-2 shall apply mutatis mutandis to designated
inspection institutions. In such cases, "specialized institution for
safety management" shall be read as "designated inspection
institution". <Amended by Act No. 10968, Jul. 25, 2011 and Act
No. 11882, Jun. 12, 2013>
Article 36-3 (Support for Businesses Engaging in Manufacturing
Machines, Instruments, etc., Subject to Safety Certification)
(1) In order to promote product quality and safety, design
and construction capability, etc., the Minister of Employment
and Labor may give necessary support within budgetary limits
to a person who manufactures machines, instruments, etc., subject
to safety certification, machines, instruments, etc., subject to self
safety check or machines, instruments and equipment causing a
large number of industrial accidents, which are deemed to require
support for the improvement of their safety, and a person who
designs and constructs equipment for the improvement of
working conditions. <Amended by Act No. 10339, Jun. 4, 2010;
Act No. 10968, Jul. 25, 2011; and Act No. 11882, Jun. 12, 2013>
(2) A person who intends to receive support under paragraph
(1) shall be registered with the Minister of Employment and Labor
after meeting the requirements prescribed by the Ordinance of
10339, Jun. 4, 2010>
(3) If a person registered under paragraph (2) falls under any
of the following subparagraphs, the Minister of Employment
and Labor may revoke the registration or restrict the support
referred to in paragraph (1): Provided that if the person falls
under subparagraph 1, the registration shall be revoked: <Amended

1. Where he/she has registered him/herself in a false or other

fraudulent ways;
2. Where he/she fails to meet the registration requirements
under paragraph (2); and
3. Where his/her safety certification has been revoked pursuant
to Article 34-3 (1) 1.
(4) If a person supported under paragraph (1) falls under
any of the following subparagraphs, the Minister of Employment
and Labor shall retrieve the relevant amount or an amount
equivalent to the support. In such cases, if the person falls under
subparagraph 1, an amount equal to or less than the paid
amount may be retrieved additionally:
1. Where he/she has received support in a false or other
fraudulent ways;
2. Where his/her registration has been revoked because he/she
falls under paragraph (3) 1; and
3. Where he/she uses the amount of support for a purpose
other than the original purpose of support under paragraph (1).
(5) The Minister of Employment and Labor may restrict a
person whose registration has been revoked under paragraph (3)
from registering pursuant to paragraph (2) for up to two years
from the date of revocation. <Newly Inserted by Act No. 10968,
Jul. 25, 2011>
(6) Details of support under paragraphs (1) through (5),
procedures for registration, revocation of registration and restitution,
requirements for restriction of registration and other necessary
2010 and Act No. 10968, Jul. 25, 2011>
Article 36-4 (Comprehensive Management of Information on Safety
of Harmful or Hazardous Machines, etc.)
(1) The Minister of Employment and Labor may comprehensively
manage information on the safety of harmful or hazardous machines,
etc., in a workplace, such as the current status of possession and
a history of safety inspections, and provide the comprehensively
managed information to a safety inspection institution, etc.
(2) The Minister of Employment and Labor may request a
safety inspection institution to submit necessary materials, such
as the current status of the possession of and a history of safety
inspections of harmful or hazardous machines, etc., in a workplace
▮▮ 765
in order to comprehensively manage information under paragraph

(1). In such cases, the safety inspection institution so requested
shall comply therewith unless there is a special reason not to do so.
and operate a comprehensive information network concerning the
safety of harmful or hazardous machines, etc., such as the current
status of possession and a history of safety inspections, in order
to comprehensively manage information under paragraph (1).
Article 37 (Prohibition of Manufacturing, etc.)
(1) No person shall manufacture, import, transfer, offer or
use substances falling under any of the following subparagraphs
and prescribed by the Presidential Decree (hereinafter referred
to as "substances prohibited from being manufactured etc." in
this Article): <Amended by Act No. 11882, Jun. 12, 2013>
1. Substances proven to cause occupational cancer and
recognized as especially harmful to workers’ health; and
2. Among harmful agents whose harmfulness and hazardousness
are assessed pursuant to Article 39 or chemicals whose
harmfulness and hazardousness are investigated pursuant
to Article 40, those substances which are feared to cause
serious health problems to workers.
(2) Notwithstanding paragraph (1), substances prohibited from
being manufactured, etc., may be manufactured, imported or
used with approval of the Minister of Employment and Labor if
they are for the purpose of a test or research and meet the standards
Jun. 12, 2013>
(3) If a person who has obtained approval pursuant to
paragraph (2) fails to meet the standards referred to in the
same paragraph, the Minister of Employment and Labor shall
revoke the approval. <Amended by Act No. 10339, Jun. 4, 2010>
Article 38 (Permission of Manufacturing, etc.)
(1) A person who intends to manufacture or use substances
falling under any subparagraph of Article 37 (1) and prescribed
by the Presidential Decree (hereinafter referred to as "substances
subject to permission") shall obtain in advance permission from
the Minister of Employment and Labor, as prescribed by the
Ordinance of the Ministry of Employment and Labor. This shall

also apply when permitted matters are modified. <Amended by

Act No. 10339, Jun. 4, 2010 and Act No. 11882, Jun. 12, 2013>
(2) Facilities for manufacturing or using substances subject to
permission, working methods and other permission standards
11882, Jun. 12, 2013>
(3) A person who has obtained permission under paragraph
(1) (hereinafter referred to as “manufacturer or user of substances
subject to permission") shall maintain facilities for manufacturing
or using such substances in conformity with the standards
referred to in paragraph (2), and manufacture or use substances
subject to permission using working methods in conformity with
such standards. <Amended by Act No. 11882, Jun. 12, 2013>
(4) If the facilities for manufacturing or using substances or
working methods of a manufacturer or user of substances subject
to permission are deemed not in conformity with the standards
referred to in paragraph (2), the Minister of Employment and
Labor may order the manufacturer or user to repair, remodel or
transfer the facilities so as to conform with the standards, or to
manufacture or use the substances using working methods in
conformity with the standards. <Amended by Act No. 10339, Jun.
4, 2010 and Act No. 11882, Jun. 12, 2013>
(5) If a manufacturer or user of substances subject to permission
Employment and Labor may revoke the permission, or order
suspension of business for a period of less than six months:
Provided that in cases falling under subparagraph 1, the permission
shall be revoked. <Amended by Act No. 10339, Jun. 4, 2010 and
Act No. 11882, Jun. 12, 2013>
1. Where the person has obtained the permission in a false
or other fraudulent ways;
2. Where the person fails to conform to the permission standards
referred to in paragraph (2);
3. Where the person violates paragraph (3);
4. When the person violates an order issued under paragraph
(4); and
5. Where the person fails to make an immediate repair and
take necessary measures after finding problems as a result
of self-inspection.
(6) The procedure for applying for permission under paragraph
(1) and other necessary matters shall be prescribed by the Presidential
Decree.
▮▮ 767

Article 38-2 (Asbestos Investigation)
(1) If structures or facilities are to be demolished or dismantled,
the owner or lessee, etc., of the structures or facilities (hereinafter
referred to as "owner, etc., of structures or facilities") shall conduct
an investigation (hereinafter referred to as "general asbestos
investigation") on the following matters and record and keep
the results thereof:
1. Whether the structures or facilities contain asbestos or not;
and
2. Type, location and size of asbestos-containing materials
included in the structures or facilities;
(2) The owner, etc., of structures or facilities under paragraph
(1), whose size is equal to or larger than that prescribed by the
Presidential Decree, shall have an institution (hereinafter referred
to as "asbestos investigation institution") designated by the
Minister of Employment and Labor conduct an investigation
(hereinafter referred to as "institutional asbestos investigation")
on the matters specified in each subparagraph of paragraph (1)
and types and quantities of asbestos contained in the relevant
structures or facilities, and record and keep the results thereof:
Provided that if there exists any of the reasons prescribed by
the Presidential Decree, such as cases where asbestos is obviously
included in structures or facilities, etc., and such a reason is
confirmed according to the procedure prescribed by the Ordinance
of the Ministry of Employment and Labor, an institutional
asbestos investigation may be omitted.
(3) If an asbestos investigation has been conducted for structures
or facilities pursuant to other Acts, such as the Asbestos Safety
Management Act, a general asbestos investigation or an institutional
asbestos investigation shall be deemed to have been conducted
and Labor.
(4) If the owner, etc., of structures or facilities demolishes or
dismantles the structures or facilities without conducting a general
asbestos investigation or an institutional asbestos investigation,
the Minister of Employment and Labor may order any of the
following measures:
1. Ordering the owner, etc., of the relevant structures or
facilities to comply with a general asbestos investigation
or an institutional asbestos investigation; and
2. Ordering the person who demolishes or dismantles the

relevant structures or facilities to suspend work until the

results of a compliance order under subparagraph 1 are
reported.
(5) In order to secure the accuracy and reliability of an
institutional asbestos investigation, the Minister of Employment
and Labor may evaluate the ability of an asbestos investigation
institution to conduct such investigation, and provide guidance
and education to the asbestos investigation institution based on
the results of the evaluation. In such cases, the methods of, procedures,
etc., for evaluation, guidance and education shall be determined
(6) The requirements and procedures for designating an asbestos
investigation institution shall be prescribed by the Presidential
Decree and methods of institutional asbestos investigation and
other necessary matters shall be prescribed by the Ordinance of
(7) Article 15-2 shall apply mutatis mutandis to asbestos
investigation institutions. In such cases, "specialized institution
for safety management" shall be read as "asbestos investigation
institution". <Amended by Act No. 11882, Jun. 12, 2013>
<This Article Wholly Amended by Act No. 10968, Jul. 25, 2011>
Article 38-3 (Observance of Asbestos Disposal or Removal Work
Standards)
A person who demolishes or dismantles structures or facilities
containing asbestos shall observe the asbestos disposal and
removal work standards prescribed by the Ordinance of the
Jun. 4, 2010 and Act No. 10968, Jul. 25, 2011>
Article 38-4 (Asbestos Disposal or Removal by Asbestos Disposal
or Removal Service Provider)
(1) The owner, etc., of structures or facilities subject to an
institutional asbestos investigation, which contain asbestos whose
quantity and size is equal to or larger than that prescribed by
the Presidential Decree, shall have a person (hereinafter referred
to as “asbestos disposal or removal service provider”) registered
with the Minister of Employment and Labor to dispose of or
remove the asbestos: Provided that the owner, etc, of structures
or facilities may him/herself dispose of or remove asbestos if
there is any of the reasons prescribed by the Presidential
Decree, such as cases where the owner, etc., of structures or
▮▮ 769
facilities has capacity equal to that of an asbestos disposal or

removal service provider in terms of manpower, equipment, etc.
25, 2011>
(2) The asbestos disposal or removal referred to in paragraph
(1) shall not be conducted by the institution which has
undertaken an institutional asbestos investigation on the relevant
structures or facilities.
(3) An asbestos disposal or removal service provider (referring
to the owner, etc., of structures or facilities in the case of the
proviso to paragraph (1); the same shall apply hereinafter in
Article 38-5) shall report to the Minister of Employment and
Labor before carrying out disposal or removal work under
paragraph (1), and keep documents concerning asbestos disposal
or removal work under paragraph (1). <Amended by Act No.
10339, Jun. 4, 2010 and Act No. 10968, Jul. 25, 2011>
(4) To maintain the reliability of an asbestos disposal or
removal service provider, the Minister of Employment and Labor
may assess the safety of the asbestos disposal or removal work
and publicize the results. <Amended by Act No. 10339, Jun. 4, 2010>
(5) The requirements and procedure for registration under
paragraph (1) shall be prescribed by the Presidential Decree and
the procedure for reporting under paragraph (3) and the criteria
and method of evaluation and the method of publication under
Jun. 4, 2010>
(6) Article 15-2 shall apply mutatis mutandis to asbestos
disposal or removal service providers.
Article 38-5 (Observance of Standard for Asbestos Concentration)
(1) An asbestos disposal or removal service provider shall
ensure that asbestos concentration in the air in the workplace
concerned is not higher than the standard (hereinafter referred
to as “standard for asbestos concentration”) prescribed by the
Presidential Decree after completing asbestos disposal or removal
work under Article 38-4 (1), and submit evidential material to
the Minister of Employment and Labor. <Amended by Act No.
10339, Jun. 4, 2010 and Act No. 10968, Jul. 25, 2011>
(2) Matters concerning qualifications for a person who may
measure asbestos concentration in the air under paragraph (1) and
methods of measurement shall be prescribed by the Ordinance


10339, Jun. 4, 2010>
(3) If asbestos concentration in the air in the workplace
exceeds the standard for asbestos concentration after completion
of asbestos disposal or removal work, no owner, etc., of structures
or facilities shall demolish or dismantle the structures or
facilities concerned. <Amended by Act No. 10968, Jul. 25, 2011>
Article 39 (Management, etc. of Harmful Agents)
(1) The Minister of Employment and Labor shall classify
and manage chemicals, physical agents, etc. (hereinafter referred
to as “harmful agents”) causing health problems to workers according
to the classification standards prescribed by the Ordinance of
10339, Jun. 4, 2010>
(2) The Minister of Employment and Labor shall set exposure
standards for harmful agents and publish them in the official
gazette. etc. <Amended by Act No. 10339, Jun. 4, 2010>
(3) The Minister of Employment and Labor may assess the
harmfulness and hazardousness of harmful agents to workers'
health and publicly announce the results in the official gazette,
etc. <Amended by Act No. 10339, Jun. 4, 2010>
(4) Necessary matters concerning the criteria for selecting
substances subject to the assessment of harmfulness and hazardousness
under paragraph (3) and the method of making such assessment
Article 39-2 (Compliance with Permission Standard of Harmful
Agents)
(1) With regard to the harmful agents prescribed by the
Presidential Decree, which could cause serious health problems
to workers, such as a carcinogen, an employer shall keep the
level of workplace exposure to such agents below the permission
standard prescribed by the Ordinance of the Ministry of Employment
and Labor, except in any of the following cases: <Amended by
Act No. 10339, Jun. 4, 2010>
1. Where the installation and improvement of the facilities and
equipment is not possible with the current technology:
2. Where a serious defect happens with the facilities and
equipment due to a natural disaster, etc.;
▮▮ 771
3. Where the work is temporary work and short-term work

and Labor; and
4. Other cases prescribed by the Presidential Decree
(2) Notwithstanding the proviso of paragraph (1), an employer
shall try to keep the level of exposure to the harmful agents
below the permission standard referred to in paragraph (1).
Article 40 (Investigation of Harmfulness and Hazardousness of
Chemicals)
(1) An employer (hereinafter referred to as "manufacturer,
etc., of new chemicals") who intends to manufacture or import
chemicals (hereinafter referred to as “new chemicals”) other
than those prescribed by the Presidential Decree shall investigate
the harmfulness and hazardousness of the new chemicals, as
Labor, and submit an investigation report to the Minister of
Employment and Labor in order to prevent workers' health problems
which might be caused by the chemicals: Provided that this
shall not apply in any of the following cases: <Amended by Act
No. 10339, Jun. 4, 2010 and Act No. 11882, Jun. 12, 2013>
Employment and Labor, where a new chemical is imported
to supply daily necessities to general consumers; and
Employment and Labor, where the imported quantity of a
new chemical is small, or the degree of harm and hazards
is deemed to be low.
(2) A manufacturer, etc., of new chemicals shall immediately
take necessary measures according to the results of a harmfulness
and hazardousness investigation under paragraph (1) in order to
prevent workers' health problems which may be caused by the
relevant new chemicals. <Amended by Act No. 11882, Jun. 12, 2013>
(3) The Minister of Employment and Labor, upon receiving
a harmfulness and hazardousness investigation report on new
chemicals under paragraph (1), shall publicize, and notify relevant
government agencies of, the names and harmfulness and
hazardousness of the new chemicals, measures taken, etc., as
prescribed by the Ordinance of Ministry of Employment and
(4) If it is deemed necessary for the prevention of workers’
health problems as a result of examining a harmfulness and

hazardousness investigation report submitted under paragraph

(1), the Minister of Employment and Labor may order the
manufacturer, etc., of new chemicals to take necessary preventive
measures, such as the installation or maintenance of facilities
and equipment and the provision of personal protective equipment.
12, 2013>
(5) If a manufacturer, etc., of new chemicals transfers or supplies
new chemicals, he/she shall provide a document describing measures
that must be taken to prevent workers’ health problems pursuant
to paragraph (4). <Amended by Act No. 11882, Jun. 12, 2013>
(6) If it is deemed necessary for the prevention of workers'
health problems, the Minister of Employment and Labor may have
a person who manufactures or imports, or an employer who uses,
chemicals feared to cause cancer or other serious health problems
investigate the harmfulness and hazardousness of the chemicals
and submit the results, and may order him/her to submit materials
necessary for the assessment of harmfulness and hazardousness
under Article 39 (3), as prescribed by the Ordinance of the
Ministry of Employment and Labor. <Newly Inserted by Act No.
11882, Jun. 12, 2013>
(7) A person who is ordered to investigate the harmfulness
and hazardousness of chemicals pursuant to paragraph (6) shall,
if the chemicals are feared to cause health problems to workers
on the basis of the results of the harmfulness and hazardousness
investigation, take necessary measures, such as the installation
or improvement of facilities and equipment, to prevent workers'
health problems. <Newly Inserted by Act No. 11882, Jun. 12, 2013>
(8) If it is deemed necessary for the prevention of workers'
health problems as a result of examining investigation results
and materials submitted pursuant to paragraph (6), the Minister
of Employment and Labor may classify and manage the chemicals
according to Article 39 (1) or order a person who manufactures
or imports, or an employer who uses, the chemicals to take
necessary measures, such as the installation or improvement of
facilities and equipment, to prevent workers' health problems.
<Newly Inserted by Act No. 11882, Jun. 12, 2013>
Article 41 (Preparation, Keeping, etc. of Material Safety Data Sheet)
(1) A person who transfers or supplies a chemical and chemical-
containing preparations (excluding the preparations prescribed
by the Presidential Decree) that meet the classification standards
▮▮ 773

Labor pursuant to Article 39 (1) (hereinafter referred to as "target
chemicals") shall prepare and provide a document (hereinafter
referred to as "material safety data sheet") containing all of the
following matters to a person to whom they are transferred or
supplied, in accordance with the method prescribed by the
Ordinance of the Ministry of Employment and Labor. In such
cases, when the Minister of Employment and Labor determines
matters to be entered in a material safety data sheet or how to
prepare it in the Ordinance of the Ministry of Employment and
Labor, he/she shall consult the Minister of Environment about
matters relating to the Chemicals Control Act: <Amended by Act
No. 10339, Jun. 4, 2010; Act No. 10968, Jul. 25, 2011; Act No.
11862, Jun. 4, 2013; and Act No. 11882, Jun. 12, 2013>
1. Name of the target chemical;
1-2 Names and contents of its ingredients;
2. Safety and health precautions for handling the target chemical;
3. Health harm and physical hazards; and
4. Other matters prescribed by the Ordinance of the Ministry
(2) Notwithstanding paragraph (1), when a person who transfers
or supplies a target chemical prepares a material safety data sheet,
he/she may not enter information that makes it possible to
specifically identify any of the following matters, as prescribed
Provided that this shall not apply to the target chemicals
determined by the Minister of Employment and Labor, which are
feared to cause serious health problems to workers: <Amended
1. Chemicals recognized to be worth protecting as business
secrets; and
2. Preparations containing the chemicals referred to in
subparagraph 1.
(3) An employer who intends to handle a target chemical shall
post or keep the material safety data sheet provided pursuant to
paragraph (1) at a place easily visible to workers handling such
a chemical in the place of work where the target chemical is
handled, in accordance with the method prescribed by the
by Act No. 10968, Jul. 25, 2011>
(4) A person who transfers or supplies a target chemical shall
put a warning label on its container and package in accordance

with the method prescribed by the Ordinance of the Ministry of

Employment and Labor: Provided that if a target chemical is
transferred or supplied using any means other than containers and
packages, a document listing the items that should be stated in
a warning label shall be provided as determined and announced
10968, Jul. 25, 2011>
(5) An employer shall put warning labels on the containers
of target chemicals used in the place of work, in accordance
with the method prescribed by the Ordinance of the Ministry of
Employment and Labor: Provided that this shall not apply to
cases prescribed by the Ordinance of the Ministry of Employment
and Labor, such as cases where warning labels are already put on
the containers. <Newly Inserted by Act No. 10968, Jul. 25, 2011>
(6) A person who transfers or supplies a target chemical shall,
if there occurs a need to change the contents of a material safety
data sheet pursuant to paragraph (1), reflect such a change in
the material safety data sheet and promptly provide the changed
material safety data sheet to a person to whom the target chemical
is transferred or supplied. In such cases, methods and details of
provision and other necessary matters shall be determined and
announced by the Minister of Employment and Labor. <Newly
Inserted by Act No. 10968, Jul. 25, 2011>
(7) For the safety and health of workers handling target
chemicals under paragraph (1), an employer shall take proper
measures, such as conducting education for workers. In such
cases, the time, contents and methods of education shall be
Labor. <Newly Inserted by Act No. 10968, Jul. 25, 2011>
(8) If it is deemed necessary for maintaining the safety and
health of workers handling target chemicals, the Minister of
Employment and Labor may order a person who transfers or
supplies a target chemical or an employer who handles a target
chemical to submit a material safety data sheet or to make a
change to matters specified in each subparagraph of paragraph
(1). <Newly Inserted by Act No. 10968, Jul. 25, 2011>
(9) An employer shall post control points for handling target
chemicals by each stage of work process. <Newly Inserted by Act
No. 10968, Jul. 25, 2011>
(10) If it is necessary for maintaining the safety and health
of workers, the Minister of Employment and Labor may provide
workers and employers with information related to material
▮▮ 775
safety data sheets. <Newly Inserted by Act No. 10968, Jul. 25, 2011>
(11) In order to maintain the safety and health of workers,
a doctor who treats workers, a health manager under Article 16
(including specialized institutions for health management under
paragraph (3) of the same Article), an occupational physician
under Article 17, or the representative of workers, etc., may request
a person who transfers or supplies a target chemical or an employer
who handles a target chemical to provide information not included
in the material safety data sheet pursuant to paragraph (2) if
there occur cases prescribed by the Ordinance of the Ministry of
Employment and Labor, such as where serious health problems
happen to workers. In such cases, a person requested to provide
information shall provide information as determined and announced
by the Minister of Employment and Labor. <Newly Inserted by Act
No. 10968, Jul. 25, 2011 and Amended by Act No. 11882, Jun. 12, 2013>
Article 41-2 (Risk Assessment)
(1) An employer shall find hazards caused by structures,
machines, instruments, equipment, raw materials, gas, vapor,
dust, etc., work behavior or any other work, determine their
riskiness, and take measures under this Act and any order
issued under this Act according to the results, and if it is
necessary in order to prevent risks or health problems for workers,
shall take additional measures.
(2) If an employer has conducted a risk assessment pursuant
to paragraph (1), he/she shall record and keep the contents and
results of the assessment, as prescribed by the Ordinance of the
(3) The methods of, procedures for, and timing of, finding
hazards, determining their riskiness and taking measures under
paragraph (1) and other necessary matters shall be determined
CHAPTER Ⅴ
Health Management of Workers
Article 42 (Work Environment Monitoring, etc.)

(1) In order to protect workers' health against harmful agents

and create a pleasant work environment, an employer shall have

a person with the qualifications prescribed by the Ordinance of
the Ministry of Employment and Labor monitor and evaluate
the work environment of the workplaces prescribed by the
Ordinance of the Ministry of Employment and Labor, where
work harmful to workers’ health is carried out, record and keep
the results and report them to the Minister of Employment and
Labor, as prescribed by the Ordinance of the Ministry of
Employment and Labor. In such cases, at his/her request, the
workers' representative shall be allowed to be present during
the work environment monitoring. <Amended by Act No. 10339,
Jun. 4, 2010>
(2) The method and frequency of the work environment
monitoring referred to in paragraph (1) and other necessary
(3) An employer shall inform workers in the workplace of
the results of work environment monitoring under paragraph (1),
and take proper measures, such as installing or improving the
facilities and equipment concerned or conducting health
examinations, in accordance with the results to protect workers’
health. <Amended by Act No. 11882, Jun. 12, 2013>
(4) An employer may entrust the work environment monitoring
referred to in paragraph (1) and the accompanying analysis of
samples to a monitoring institution designated by the Minister
of Employment and Labor (hereinafter referred to as “designated
monitoring institution”). <Amended by Act No. 10339, Jun. 4, 2010>
(5) If after conducting work environment monitoring, a
designated monitoring institution entrusted by an employer to
conduct work environment monitoring pursuant to paragraph
(4) submits the results in an electronic form to the Minister of
Employment and Labor, as prescribed by the Ordinance of the
Ministry of Employment and Labor, the employer shall be
deemed to have reported the results of work environment monitoring
under paragraph (1). <Amended by Act No. 10339, Jun. 4, 2010 and
Act No. 11882, Jun. 12, 2013>
(6) An employer shall directly hold an information session on
the results of work environment monitoring, or get the institution
which has conducted the work environment monitoring hold
such a session, at the request of the occupational safety and
health committee under Article 19 or workers' representative.
(7) The types and business scope of designated monitoring
▮▮ 777
institutions, requirements and procedure for the designation, and

other necessary matters shall be prescribed by the Presidential Decree.
designated monitoring institutions' ability to conduct work
environment monitoring and make an analysis, and provide guidance
and education according to the results of the evaluation in order
to secure the accuracy and reliability of work environment
monitoring. In such cases, the method of, procedure, etc. for
such evaluation, guidance and education shall be determined
necessary for improving the level of work environment monitoring,
evaluate designated monitoring institutions (including the evaluation
under paragraph (8)) and publicize the results. In such cases,
the evaluation standards, etc. shall be prescribed by the
by Act No. 10339, Jun. 4, 2010>
(10) Article 15-2 shall apply mutatis mutandis to designated
monitoring institutions.
Article 42-2 (Assessment of Reliability of Work Environment Monitoring)
(1) If it is deemed necessary in order to assess the accuracy
and precision of the results of work environment monitoring
under Article 42 (1), the Minister of Employment and Labor
may conduct a reliability assessment. <Amended by Act No. 10339,
Jun. 4, 2010>
(2) When receiving a reliability assessment, an employer or
workers shall cooperate actively.
(3) Necessary matters concerning the method, subjects, procedure,
etc., of reliability assessments shall be prescribed by the Ordinance
10339, Jun. 4, 2010>
Article 43 (Health Examination)
(1) An employer shall conduct a health examination for workers
at an institution designated by the Minister of Employment and
Labor or an institution (hereinafter referred to as “health examination
institution”) conducting a health examination according to the
National Health Insurance Act to protect and maintain workers’
health. In such cases, at his/her request, the workers’ representative

shall be allowed to be present during the health examination.

(2) If it is deemed necessary for protecting the health of
workers, the Minister of Employment and Labor may order the
employer to conduct a tentative health examination for particular
workers or to take other necessary measures. <Amended by Act
No. 10339, Jun. 4, 2010>
(3) A worker shall receive a health examination conducted
by the employer under paragraphs (1) and (2): Provided that if
the worker does not want to receive a health examination from
the doctor, dentist or health examination institution designated
by the employer, he/she may receive an equivalent health
examination from a different health examination institution and
submit to the employer a document proving the results.
(4) If a health examination institution has conducted a
health examination under paragraphs (1) and (2), it shall notify
the employer and workers of the results and report them to the
Jun. 4, 2010>
(5) If it is deemed necessary for maintaining the health of
workers as a result of the health examination referred to in
paragraphs (1) and (2), or other Acts and subordinate statutes,
the employer shall relocate the workplace, change the work,
shorten the working hours, restrict night work (referring to work
done between 10:00 p.m and 06:00 a.m), conduct work environment
monitoring, install or improve facilities and equipment, or take
other proper measures. <Amended by Act No. 11882, Jun. 12, 2013>
(6) An employer shall directly explain the results of a health
examination or have the health examination institution which
has conducted the health examination explain the results at the
request of the occupational safety and health committee under
Article 19 or the representative of workers: Provided that the
results of a health examination of an individual worker shall
not be disclosed without his/her consent.
(7) An employer shall not use the results of the health
examination referred to in paragraphs (1) and (2) for purposes
other than that of protecting and maintaining the health of workers.
(8) The types, timing, frequency, items and costs of the health
examinations and designation and management of a health
examination institution under paragraph (1), the tentative health
examination under paragraph (2), the proper measures under
paragraph (5) and other matters necessary for health examinations
▮▮ 779

health examination institutions' ability to examine and analyze
health, and provide guidance and education according to the
results of the evaluation to secure the accuracy and reliability of
health examinations. In such cases, the method of, procedure,
etc. for such examination, guidance and education shall be
(10) In order to improve the level of health examinations, the
Minister of Employment and Labor may evaluate health examination
institutions designated by the Minister of Employment and Labor
pursuant to paragraph (1) (including the evaluation under paragraph
(9)) and publicize the results. In such cases, necessary matters
concerning the evaluation standards and method, publication
method, etc., shall be prescribed by the Ordinance of the Ministry
(11) Article 15-2 shall apply mutatis mutandis to health
examination institutions designated by the Minister of Employment
and Labor under paragraph (1). In such cases, "specialized institution
for safety management" shall be read as "health examination
institution". <Amended by Act No. 10339, Jun. 4, 2010 and Act No.
11882, Jun. 12, 2013>
Article 43-2 (Disease Investigation)
(1) If it is deemed necessary in order to diagnose and prevent
occupational diseases and identify the causes thereof, the Minister
of Employment and Labor may conduct an occupational disease
investigation (hereinafter referred to as “disease investigation”)
with regard to the correlation between workers’ diseases and
harmful elements in the workplace. <Amended by Act No. 10339,
Jun. 4, 2010>
(2) If a disease investigation is conducted, the employer or
the worker concerned shall actively cooperate and shall not
refuse, obstruct or evade it with no justifiable reason. <Amended
by Act No. 10968, Jul. 25, 2011>
(3) If it is necessary for a disease investigation, the Minister
of Employment and Labor may request relevant institutions to
present the results of health examinations for workers under
Article 43, records of medical care benefits and results of health
examinations under the National Health Insurance Act, employment

information under the Employment Insurance Act, information on

diseases and the causes of deaths under the Cancer Management
Act, etc.. In such cases, the institutions so requested shall comply
therewith unless there is a special reason not to do so.
(4) The methods of subjects of, and procedure for disease
investigations and other necessary matters shall be prescribed by
Article 44 (Health Management Pocketbook)
(1) In order to detect occupational diseases early in workers
engaged in work feared to cause health problems and consistently
manage their health, the Minister of Employment and Labor
shall issue health management pocketbooks to those who meet
certain requirements. In such cases, specific matters concerning
the work feared to cause health problems and certain requirements
11882, Jun. 12, 2013>
(2) If a person issued with a health management pocketbook
applies for medical care benefits under Article 41 of the Industrial
Accident Compensation Insurance Act, he/she may submit his/her
health management pocketbook in lieu of a doctor's opinion on
the injury after the first medical examination. <Newly Inserted by
Act No. 11882, Jun. 12, 2013>
(3) No person who receives a health management pocketbook
under paragraph (1) shall transfer or lend it to another person.
(4) The contents, form and purposes of health management
pocketbooks and other matters necessary for the issuance of
health management pocketbooks shall be prescribed by the
Article 45 (Prohibition of and Restriction on Work of Sick Persons)
(1) With respect to a person who is affected by an infectious
or mental disease, or a disease which is prescribed by the
Ordinance of the Ministry of Employment and Labor and could
get much worse due to work, the employer shall prohibit and
restrict the work according to the doctor's diagnosis. <Amended
▮▮ 781
by Act No. 9847, Dec. 29, 2009 and Act No. 10339, Jun. 4, 2010>
(2) When a worker who has been prohibited or restricted
from working under paragraph (1) restore his/her health, the
employer shall, without delay, allow him/her to resume the work.
Article 46 (Restriction on Extension of Working Hours)
With respect to a worker who is engaged in harmful or
hazardous work which is prescribed by the Presidential Decree,
the employer shall not have him work in excess of six hours
per day or thirty-four hours per week.
Article 47 (Restriction on Employment by Qualification, etc.)
(1) For harmful or hazardous work which is prescribed by
the Ordinance of the Ministry of Employment and Labor, an
employer shall not allow any person other than those who have
the qualification, license, experience or skill required for the work
to perform such work. <Amended by Act No. 10339, Jun. 4, 2010>
training institutions to nurture qualification or license holders
referred to in paragraph (1) or to help workers to acquire skills.
(3) The qualifications, licenses, experiences, and skills under
paragraphs (1) and (2), the requirements and procedures for the
designation of training institutions, and other necessary matters
(4) Article 15-2 shall apply mutatis mutandis to training
institutions.
CHAPTER Ⅵ
Supervision and Order
Article 48 (Submission, etc., of Harm and Hazard Prevention Plan)

(1) When an employer who operates a business falling into
the type and size prescribed by the Presidential Decree installs
or moves an entire structure, machine, instrument, equipment,
etc. directly related to the production process concerned, or

alters any major structural part thereof, he/she shall prepare a

plan (hereinafter referred to as “harm and hazard prevention
plan”) for preventing harm and hazards prescribed by this Act
or any order issued under this Act and submit it to the Minister
of Employment and Labor as prescribed by the Ordinance of
10339, Jun. 4, 2010>
(2) Paragraph (1) shall apply mutatis mutandis to employers
who intend to install or move machines, instruments, equipment,
etc., prescribed by the Ordinance of the Ministry of Employment
and Labor, which fall under any of the following subparagraphs,
or to alter any major structural part thereof: <Amended by Act
No. 10339, Jun. 4, 2010>
1. Machines, instruments, equipment, etc., requiring harmful
or hazardous work;
2. Machines, instruments, equipment, etc., used at a harmful
or hazardous place; and
3. Machines, instruments, equipments, etc., used to prevent
health problems
(3) An employer who intends to start construction work
Labor shall prepare a harm and hazard prevention plan after
hearing the opinions of a person having the qualifications
Labor and submit it to the Minister of Employment and Labor,
and Labor: Provided that in the case of a construction business
that suits the criteria prescribed by the Ordinance of the Ministry
of Employment and Labor after considering industrial accident
rates, etc., it shall prepare a harm and hazard prevention plan,
skipping the process of hearing the opinions of a person having
the qualifications prescribed by the Ordinance of the Ministry of
Employment and Labor, examine the plan itself, prepare a
report on the results of the examination, submit the report to
the Minister of Employment and Labor, and keep it in the
relevant workplace. <Amended by Act No. 10339, Jun. 4, 2010 and
Act No. 10968, Jul. 25, 2011>
necessary for the safety and health of workers after examining
the harm and hazard prevention plan referred to in paragraphs
(1) through (3), he/she may order the discontinuation of the
work or construction work or the modification of the plan.
▮▮ 783
12, 2013>
(5) An employer who has submitted a harm and hazard
prevention plan under paragraphs (1) through (3) shall obtain
confirmation from the Minister of Employment and Labor, as
Article 49 (Safety and Health Diagnosis, etc.)
(1) The Minister of Employment and Labor may order the
workplaces prescribed by the Ordinance of the Ministry of
Employment and Labor to undergo a safety and health diagnosis
conducted by an institution (hereinafter referred to as “safety
and health diagnosis institution”) designated by the Minister of
(2) An employer shall cooperate actively in the safety and
health diagnosis activities referred to in paragraph (1), and shall
not refuse, interfere with or evade such activities without any
justifiable reason. In such cases, the employer shall, upon request
of the representative of workers, allow him/her to be present at
the safety and health diagnosis.
(3) The contents of the safety and health diagnosis referred
to in paragraph (1), the requirements and procedures for the
designation, and other necessary matters shall be prescribed by
(4) Article 15-2 shall apply mutatis mutandis to safety and
health diagnosis institutions.
Article 49-2 (Submission, etc. of Process Safety Report)
(1) The employer of a workplace with the harmful or
hazardous equipment prescribed by the Presidential Decree shall
prepare a process safety report, and submit it to and have it
examined by the Minister of Employment and Labor, in order
to prevent any accident prescribed by the Presidential Decree
(hereinafter referred to as “serious industrial accident” in this
Article), which may inflict immediate harm on workers in the
workplace, or damage on areas in vicinity of the workplace due
to leakage of hazardous substances from such equipment, fire,
explosion, etc., as prescribed by the Presidential Decree. In such
cases, the relevant equipment shall not be operated until it is
notified that the contents of the process safety report are

appropriate for the prevention of serious industrial accidents.

25, 2011>
(2) When preparing a process safety report under paragraph
(1), an employer shall go through deliberation by the occupational
safety and health committee under Article 19: Provided that for
a workplace where no occupational safety and health committee
is established, the opinions of the representatives of workers
shall be heard.
(3) The Minister of Employment and Labor shall examine a
process safety report submitted under paragraph (1), as prescribed
and may order a modification of the process safety report if
he/she deems it necessary for maintaining and promoting the
safety and health of workers. <Amended by Act No. 10339, Jun.
4, 2010 and Act No. 10968, Jul. 25, 2011>
(4) If as a result of examining a process safety report
submitted under paragraph (1), the Minister of Employment and
Labor deems the contents thereof appropriate for the prevention of
serious industrial accidents, he/she shall notify the employer of
the results in writing. <Newly Inserted by Act No. 10968, Jul. 25, 2011>
(5) If notified of the results of an examination of a process
safety report under paragraph (4), an employer shall keep the
process safety report in the workplace. <Newly Inserted by Act
No. 10968, Jul. 25, 2011>
(6) The employer referred to in paragraph (5) shall obtain
confirmation from the Minister of Employment and Labor as
Jul. 25, 2011>
(7) Employers and workers shall observe the contents of a
process safety report. <Amended by Act No. 10968, Jul. 25, 2011>
(8) If there arises any reason to modify the contents of the
process safety report kept in the workplace under paragraph (5),
the employer shall supplement it without delay. <Amended by
Act No. 10968, Jul. 25, 2011>
(9) The Minister of Employment and Labor may assess regularly
the implementation status of a process safety report as prescribed
25, 2011>
▮▮ 785
employer of a workplace having a poor supplement state under

paragraph (8) as a result of assessing the implementation status
of a process safety report under paragraph (9) to submit the
process safety report again. <Amended by Act No. 10339, Jun. 4,
2010 and Act No. 10968, Jul. 25, 2011>
Article 50 (Safety and Health Improvement Plan)
(1) If it is deemed necessary to take comprehensive improvement
measures for the prevention of industrial accidents in a workplace
falling under any of the following subparagraphs, the Minister
of Employment and Labor may order the employer to formulate
and execute a safety and health improvement plan on the
workplace, facilities and other matters, as prescribed by the
Ordinance of the Ministry of Employment and Labor: <Amended
1. A workplace with an industrial accident rate higher than
the average industrial accident rate by size of workplace
in the same industry;
2. A workplace where a serious accident has occurred because
of the employer's failure to comply with the obligation to
take safety and health measures; and
3. A workplace which exceeds the exposure standards for
harmful agents under Article 39 (2).
(2) When the Minister of Employment and Labor issues an
order under paragraph (1), if it is deemed necessary, he/she may
order the employer to undergo the safety and health diagnosis
referred to in Article 49 (1), and formulate and submit a safety
and health improvement plan, as prescribed by the Ordinance
10339, Jun. 4, 2010>
(3) If an employer formulates a safety and health improvement
plan under paragraph (1), he/she shall undergo deliberation by
the occupational safety and health committee under Article 19:
Provided that for a workplace where the occupational safety and
health committee is not established, he/she shall hear opinions
from the representative of workers.
(4) Employers and workers shall observe a safety and health
improvement plan.
Article 51 (Supervisory Measures)
(1) In any such case as necessary for executing this Act or

any order issued under this Act and as are prescribed by the
Ordinance of the Ministry of Employment and Labor, a labor
inspector referred to in Article 101 of the Labor Standards Act
may enter a place falling under any of the following subparagraphs
to ask questions to the persons concerned, inspect books,
documents and other materials, conduct safety and health
inspection, and collect gratuitously products, raw materials or
apparatus to the extent necessary for the inspection. In such
cases, the labor inspector shall notify the employer, etc. of the
results in writing: <Amended by Act No. 10339, Jun. 4, 2010; Act
No. 10968, Jul. 25, 2011; and Act No. 11882, Jun. 12, 2013>
1. The workplace;
2. Offices of the institutions under Articles 15 (4), 16 (3),
30-2 (1), 31 (5), 31-2 (1), 32 (3), 36-2 (3), 38-2 (2), 42 (4),
43 (1) and 49 (1);
3. Offices of asbestos disposal or removal service providers;
and
4. Offices of the consultants registered under Article 52-4.
(2) If it is deemed necessary for enforcing this Act or any
order issued under this Act, the Minister of Employment and Labor
may order any employer, workers or consultants registered under
Article 52-4 to make a report or to attend. <Amended by Act No.
10339, Jun. 4, 2010>
(3) If it is deemed necessary for exercising the power
entrusted to the Agency under Article 65, the Minister of Employment
and Labor may order an employee of the Agency to enter the
workplace to conduct any inspection, guidance, etc., necessary
for the prevention of industrial accidents or if it is necessary for
conducting a disease investigation, an employee of the Agency
may ask related persons questions and request that person to
submit necessary documents. <Amended by Act No. 10339, Jun. 4, 2010>
(4) If an employee of the Agency has carried out any inspection,
guidance, etc., under paragraph (3), he/she shall report the results
to the Minister of Employment and Labor. <Amended by Act No.
10339, Jun. 4, 2010>
(5) If a person enters a workplace or an office of a consultant
under paragraphs (1) and (3), he/she shall carry a certificate
indicating his/her status and produce it to related persons.
(6) If it is deemed necessary as a result of inspection, etc. referred
to in paragraphs (1) and (4), the Minister of Employment and Labor
may order the employer to replace, stop using or remove any
building structure or its annex, machinery, apparatus, equipment
▮▮ 787
or raw materials, to improve facilities or to take other necessary

health and safety measures. In such cases, the employer so ordered
by the Minister of Employment and Labor shall display a list of
matters ordered at a place easily visible to workers, as prescribed
(7) If there is any imminent risk of an industrial accident
and disease occurring, or if it is deemed that the order as referred
to in paragraph (6) is disobeyed or that a hazardous condition
has not been removed or improved, the Minister of Employment
and Labor may order the suspension in part or in whole of
work related to the machinery and equipment. <Amended by Act
No. 10339, Jun. 4, 2010>
(8) In cases referred to in paragraphs (1) and (4), if it is deemed
necessary for the prevention of industrial accidents, the Minister
of Employment and Labor may order workers to take proper
measures, such as the observance of safety and health management
regulations under Article 20. <Amended by Act No. 10339, Jun. 4, 2010>
Article 51-2 (Request for Suspension of Business)
(1) If an employer is involved in an industrial accident
falling under any of the following subparagraphs, the Minister
of Employment and Labor may request the head of the relevant
administrative agency to impose the suspension of the business
concerned or other sanctions in accordance with related Acts
and subordinate statutes, or the head of a public institution
prescribed in the Act on the Management of Public Institutions
to impose necessary restrictions on the employer when placing
an order for work carried out by the institution: <Amended by
Act No. 10339, Jun. 4, 2010>
1. Where accidents prescribed by the Presidential Decree
occur, such as accidents which lead to deaths of large numbers
of workers or inflict serious damage to the neighboring
areas of the workplace in contravention of Article 23, 24
and 29; and
2. Where work in contravention of the under Article 51 (6)
or (7) costs a worker his/her life.
(2) The head of an administrative agency or a public institution
who has received a request under paragraph (1) shall comply
with the request unless there is due cause, and inform the Minister
of Employment and Labor of the results of such measures.

(3) The procedure of request for the suspension of business

as referred to in paragraph (1) and other necessary matters shall
be prescribed by the Ordinance of the Ministry of Employment
Article 52 (Report to Supervisory Body)
(1) If a violation of this Act or order issued under this Act
occurs at a workplace, any worker may report it to the Minister
of Employment and Labor or labor inspector. <Amended by Act
No. 10339, Jun. 4, 2010>
(2) No employer shall dismiss or give other unfavorable
treatments to a worker for making such report as referred to in
paragraph (1).
CHAPTER Ⅵ-2
Occupational Safety Consultant and Occupational
Health Consultant
Article 52-2 (Duties of Consultants)

(1) An occupational safety consultant shall perform the following
duties: <Amended by Act No. 11882, Jun. 12, 2013>
1. Evaluation and guidance on safety in a work process;
2. Evaluation and guidance on the prevention of harm and
hazards;
3. Preparation of plans and reports referred to in subparagraphs
1 and 2; and
4. Other matters concerning occupational safety and prescribed
(2) An occupational health consultant shall perform the
following duties: <Amended by Act No. 11882, Jun. 12, 2013>
1. Evaluation of work environment and guidance on the
improvement of work environment;
2. Preparation of plans and reports concerning the improvement
of work environment;
3. Follow-up management and guidance after health examinations
of workers;
4. Diagnosis of occupational diseases (limited to occupational
▮▮ 789
health consultants who are medical doctors under the

Medical Service Act) and guidance on the prevention of
occupational diseases;
5. Surveys and research on occupational health; and
6. Other matters concerning occupational health and prescribed
(3) Necessary matters concerning the areas, scope, etc., of
services provided by occupational safety consultants and occupational
health consultants (hereinafter referred to as “consultant”) shall
11882, Jun. 12, 2013>
Article 52-3 (Qualification and Examination of Consultants)
(1) A person who has passed the examination for consultants
administered by the Minister of Employment and Labor qualifies
as a consultant. <Amended by Act No. 10339, Jun. 4, 2010 and
Act No. 11882, Jun. 12, 2013>
(2) A person who holds any qualification prescribed by the
Presidential Decree may be exempted from part of the examination
for consultants referred to in paragraph (1). <Amended by Act
No. 10339, Jun. 4, 2010 and Act No. 11882, Jun. 12, 2013>
(3) The Minister of Employment and Labor may entrust the
administration of an examination for consultants under paragraph
(1) to a testing agency prescribed by the Presidential Decree. In
such cases, the expenses required therefor may be subsidized
within the limits of the budget. <Amended by Act No. 10339, Jun.
4, 2010 and Act No. 11882, Jun. 12, 2013>
(4) Officers and employees of a testing agency entrusted to
administer an examination for consultants under paragraph (3)
shall be deemed public officials in the application of Articles
129 through 132 of the Criminal Act.
(5) The subjects of the examination for consultants, the scope
of exemption from the examination for those holding other
qualifications, and other necessary matters shall be prescribed
Article 52-4 (Registration of Consultants)
(1) If a consultant intends to commence his/her duties,
he/she shall register him/herself with the Minister of Employment
and Labor as prescribed by the Ordinance of the Ministry of

2010 and Act No. 11882, Jun. 12, 2013>

(2) A consultant registered under paragraph (1) may establish
a corporation to perform his/her duties systematically and
professionally.
(3) No person who falls under any of the following
subparagraphs may register under paragraph (1): <Amended by
Act No. 11882, Jun. 12, 2013>
1. A person who is incompetent or quasi incompetent;
2. A person who was declared bankrupt and has not been
rehabilitated;
3. A person who was sentenced to imprisonment without
prison labor or heavier punishment, and for whom two
years have not passed since the date on which the
execution of the sentence was terminated (including cases
where the execution of the sentence is deemed terminated)
or the execution of the sentence was exempted;
4. A person who is in a grace period after having been
sentenced to a stay of execution of imprisonment without
prison labor or heavier punishment;
5. A person who was sentenced to a fine for violating this
Act and for whom one year has not passed since the
issuance of the sentence; and
6. A person for whom two years have not passed since the
registration was revoked under Article 52-15.
(4) A consultant registered under paragraph (1) shall renew
his/her registration every five years as prescribed by the Ordinance
11882, Jun. 12, 2013>
(5) A renewal of registration under paragraph (4) may be
done only by consultants who have the consulting experience
Labor. In such cases, a consultant whose consulting experience
fall short of the standards prescribed by the Ordinance of the
Ministry of Employment and Labor shall receive the refresher
training prescribed by the Ordinance of the Ministry of Employment
and Labor. <Newly Inserted by Act No. 11882, Jun. 12, 2013>
(6) With respect to a corporation under paragraph (2), the
provisions of the Commercial Act concerning unlimited partnerships
shall be applied. <Amended by Act No. 11882, Jun. 12, 2013>
Article 52-5 (Direction, etc., for Consultants)
The Minister of Employment and Labor may entrust the
▮▮ 791
Agency to carry out the following services: <Amended by Act

No. 10339, Jun. 4, 2010>
1. Direction and liaison for consultants and the formation
and maintenance of a system for sharing information;
2. Settlement of grievances and complaints of employers related
to the performance of services by a consultant, and mediation
of disputes over related damage; and
3. Other matters necessary for the development of the services
of a consultant, as prescribed by the Ordinance of the
Article 52-6 (Keeping Secrets)
No consultant shall divulge or steal any confidential information
which he/she has learned in the course of his duties.
Article 52-7 (Liability for Damages)
(1) If a consultant inflicts intentionally or by negligence any
damage on his client in connection with the performance of his/her
services, he/she shall be liable to compensate for such damage.
(2) A consultant registered pursuant to Article 52-4 (1) shall
take out guarantee insurance or take other necessary measures
in order to guarantee the liability for damage referred to in
paragraph (1), as prescribed by the Presidential Decree.
Article 52-8 (Prohibition of Use of Similar Title)
No person other than consultants registered under Article
52-4 (1) shall use in its title 'occupational safety consultant' or
'occupational health consultant' or any other term similar thereto.
Article 52-9 (Sanctions on Exam Cheaters)
For an applicant who has cheated on an examination for
consultants, the Minister of Employment and Labor shall nullify
the examination, and suspend his/her qualification to sit for the
examination for five years from the date of such disposition.
Article 52-10 (Training of Consultants)
If a person who qualifies as a consultant (excluding those
falling under Article 52-3 (2) and prescribed by the Presidential

Decree) intends to commence his/her duties, he/she shall

receive the training prescribed by the Ordinance of the Ministry
of Employment and Labor for a period not exceeding one year
before registration under Article 52-4.
Article 52-11 (Maintenance of Dignity, Obligation of Good Faith, etc.)
(1) A consultant shall always maintain dignity and perform
his/her duties fairly and in good faith.
(2) A consultant shall sign his/her name or affix his/her
seal on the documents he/she has prepared or confirmed under
Article 52-2 (1) or (2).
Article 52-12 (Prohibited Acts)
No consultant shall do the following acts:
1. An act of having a client not fulfill obligations under Acts
and subordinate statutes, in a false or other fraudulent ways;
2. An act of having a client not fulfill the obligation to notify
and report and other obligations under Acts and subordinate
statutes; and
3. Guidance and counseling on acts violating Acts and
subordinate statutes.
Article 52-13 (Request for Inspection of Related Books, etc.)
If it is necessary for performing the duties prescribed in
Article 52-2, a consultant may make a request for inspection of
related books and documents to an employer. In such cases, if
the request is made to perform the duties prescribed in Article
52-2 (1) or (2), the employer so requested shall not refuse the
request without a justifiable reason.
Article 52-14 (Prohibition of Act of Lending Qualification, etc.)
A consultant shall not have any other person perform the
duties of a consultant under his/her name or the name of his/her
office, nor lend his/her qualification certificate or registration
certificate.
Article 52-15 (Revocation, etc., of Registration)
If a consultant falls under any of the following subparagraphs,
the Minister of Employment and Labor may revoke the registration
▮▮ 793
or order the suspension of his/her business for a period of less

than two years: Provided that if he/she falls under any of
subparagraphs 1 through 3, the registration shall be revoked:
1. Where he/she registers him/herself or renews his/her
registration in a false or other fraudulent ways;
2. Where he/she carries out his/her business during the
period of suspension;
3. Where he/she falls under any of Article 52-4 (3) 1
through 5;
4. Where he/she violates Article 52-6, 52-12 or 52-14; and
5. Other cases prescribed by the Presidential Decree, where
there is any reasonable ground equivalent to those described
in subparagraphs 1 through 4.
CHAPTER Ⅶ Deleted. <Act No. 6104, Jan. 7, 2000>
Articles 53 through 60 Deleted. <Act No. 6590, Dec. 31, 2001>
CHAPTER Ⅷ
Article 61 (Industrial Accident Prevention Facilities)

The Minister of Employment and Labor may install and
operate the following industrial accident prevention facilities:
1. Facilities for guidance, research and education on occupational
safety and health; <Amended by Act No. 10339, Jun. 4, 2010>
2. Facilities for work environment monitoring and safety and
health diagnosis;
3. Facilities for maintaining and promoting the health of
workers; and
4. Other facilities for preventing industrial accidents prescribed

Article 61-2 (Honorary Occupational Safety Inspector)

(1) The Minister of Employment and Labor may, for the
purpose of promoting participation in and support for the prevention
of industrial accidents, appoint a honorary occupational safety
inspector from among workers, members of workers' and employers'
organizations and people from professional industrial accident
prevention agencies. <Amended by Act No. 10339, Jun. 4, 2010>
(2) An employer shall not treat an honorary occupational
safety inspector unfavorably by reason of his/her legitimate activities
in the capacity of the honorary occupational safety inspector.
(3) The appointment method of an honorary occupational
safety inspector under paragraph (1), the scope of work thereof
Decree.
Article 61-3 (Financial Resources of Accident Prevention)
The financial resources to be appropriated to any of the
following subparagraphs shall be provided from the Industrial
Accident Compensation Insurance and Prevention Fund under
Article 95 (1) of the Industrial Accident Compensation Insurance
Act: <Amended by Act No. 10339, Jun. 4, 2010>
1. Expenses necessary for facilities related to accident
prevention and the operation thereof;
2. Expenses necessary for accident prevention projects, work
entrusted to nonprofit corporations and the operation and
management of the Fund; and
3. Business expenses for other projects necessary for accident
prevention which are approved by the Minister of Employment
and Labor.
Article 62 (Promotion of Industrial Accident Prevention Activities)
(1) The Government may fully or partially subsidize expenses
incurred by employers, organizations of employers or workers,
professional industrial accident prevention agencies, research
institutions, etc., in conducting industrial accident prevention
projects designated by the Presidential Decree within the limits
of the budget, or give other necessary support (hereinafter referred
to as “subsidies or support”). In such cases, the Minister of
Employment and Labor shall manage and supervise such subsidies
or support to ensure that they are effectively used for the
▮▮ 795
purposes of industrial accident prevention projects. <Amended by

Act No. 10339, Jun. 4, 2010>
(2) If a person who has received subsidies and support under
paragraph (1) falls under any of the following subparagraphs,
the Minister of Employment and Labor shall fully or partially
cancel the subsidies or support: Provided that in the case of
subparagraphs 1 and 2, the subsidies or support shall be fully
cancelled: <Newly Inserted by Act No. 10968, Jul. 25, 2011>
1. Where he/she has received subsidies or support in a false
or other fraudulent ways;
2. Where a subsidized or supported person has closed down
his/her business or gone bankrupt;
3. Where he/she fails to maintain, manage or use subsidized
or supported targets for the purposes of support, such as
by arbitrarily selling off, damaging or losing them;
4. Where he/she fails to use subsidies or support for the
purposes of industrial accident prevention projects under
paragraph (1);
5. Where he/she has moved subsidized or supported facilities
and equipment overseas before the end of the subsidy or
support period; and
6. Cases provided for by the Ordinance of the Ministry of
Employment and Labor, where an employer who received
subsidies or support has caused an industrial accident
resulting from violating the obligation to take safety and
health measures under Article 23 (1) through (3) or Article
24 (1).
(3) If subsidies or support is fully or partially cancelled pursuant
retrieve the relevant amount or an amount equivalent to the
support, and in the case of paragraph (2) 1, he/she may retrieve
an additional amount not more than the paid amount: Provided
that this shall not apply to cases where subsidies or support is
cancelled due to bankruptcy of a subsidized or supported person
under paragraph (2) 2. <Amended by Act No. 10968, Jul. 25, 2011>
(4) A person for whom subsidies or support is fully or partially
cancelled pursuant to paragraph (2) may not be subsidized or
supported for up to three years from the date of cancellation as
Labor. <Amended by Act No. 10968, Jul. 25, 2011>
(5) The subjects, methods, procedure, management and
supervision of subsidies or support, methods of cancellation and

restitution under paragraphs (2) and (3) and other necessary

matters shall be determined and announced by the Minister of
2010 and Act No. 10968, Jul. 25, 2011>
Article 63 (Confidentiality)
A person who conducts safety certification under Article 34,
who conducts affairs concerning the receipt of reports under
Article 35, who conducts safety inspections under Article 36,
who conducts affairs concerning authorization for self-inspection
programs under Article 36-2, who examines harmfulness and
hazardousness investigation reports and results submitted under
Article 40 (1) and (6), who examines material safety data sheets
submitted under 41 (8), who is provided with information not
included in material safety data sheets under Article 41 (11),
who conducts health examinations under Article 43, who
conducts disease investigations under Article 43-2, who examines
harm and hazard prevention plans submitted under Article 48,
who conducts safety and health diagnosis under Article 49 or
who examines process safety reports under Article 49-2 shall
not divulge any confidential information obtained in the course
of performing his/her duties: Provided that this shall not apply
where the Minister of Employment and Labor deems it necessary
for the prevention of workers’ health problems. <Amended by
Act No. 10339, Jun. 4, 2010; Act No. 10968, Jul. 25, 2011; and Act
No. 11882, Jun. 12, 2013>
Article 63-2 (Hearing and Criteria for Disposition)
make any of the following decisions, he/she shall hold a
hearing: <Amended by Act No. 10339, Jun. 4, 2010; Act No. 10968,
Jul. 25, 2011; and Act No. 11882, Jun. 12, 2013>
1. Revocation of designation under Article 15-2 (1) (including
cases where it is applied mutatis mutandis under Articles
16 (3), 30-2 (3), 34-5 (4), 36 (10), 36-2 (7), 38-2 (7), 42 (10),
43 (11), 47 (4) and 49 (4));
2. Revocation of authorization under Article 28 (4);
3. Revocation of safety certification under Article 34-3 (1);
4. Revocation of authorization of a self-inspection program
5. Revocation of approval under Article 37 (3);
▮▮ 797
6. Revocation of permission under Article 38 (5);

7. Revocation of registration under Articles 32-3, 36-3 (3),
38-4 (6) and 52-15; and
8. Revocation of subsidies or support under Article 62 (2).
(2) Criteria for revocation, suspension, prohibition of use or
orders for improvement under Articles 15-2 (1) (including cases
where it is applied mutatis mutandis under Articles 16 (3), 30-2
(3), 32-3, 34-5 (4), 36 (10), 36-2 (7), 38-2 (7), 38-2 (7), 38-4 (6), 42
(10), 43 (11), 47 (4) and 49 (4)) 28 (4), 34-3 (1), 35-3 (1), 36-2
(4), 36-3 (3), 37 (3), 38 (5) and 52-15 shall be prescribed by the
by Act No. 10339, Jun. 4, 2010; Act No. 10968, Jul. 25, 2011; and
Act No. 11882, Jun. 12, 2013>
Article 64 (Preservation of Documents)
(1) An employer shall keep the following documents for
three years (two years in the case of subparagraph 3): Provided
that if the Minister of Employment and Labor deems it necessary,
the period of preservation may be extended as prescribed by
1. Records of industrial accidents under Article 10 (1);
2. Documents on the appointment of safety and health
managers, safety managers, health managers and
occupational physicians under Articles 13, 15, 16, and 17;
3. Meeting minutes under Article 19 (3) and Article 29-2 (4);
4. Documents containing health measures under Articles 23
and 24 and prescribed by the Ordinance of the Ministry
5. Documents on investigations on the harmfulness and
hazardousness of chemicals under Article 40 (1) and (6);
6. Documents on work environment monitoring under Article
42; and
7. Documents on health examinations under Article 43.
(2) A safety certification institution or a safety inspection
institution entrusted with safety certification or safety inspection
work shall keep documents prescribed by the Ordinance of the
Ministry of Employment and Labor, which contain matters
concerning safety certification or safety inspection, for three
years, a person who has received safety certification shall keep
documents recording products for which safety certification has
been received under Article 34 (6), for three years, a person

who manufactures or imports machines, instruments, etc., subject

to self safety check shall keep documents proving that the
machines, instruments, etc., meet the self safety standards under
Article 35 (2), for two years, and a person who must receive a
safety inspection under Article 36 (1) shall keep documents on
the results of an inspection conducted under a self inspection
program under Article 36-2 (2), for two years. <Newly Inserted
by Act No. 10968, Jul. 25, 2011 and Amended by Act No. 11882,
Jun. 12, 2013>
(3) The owner, etc., of structures or facilities for which a
general asbestos investigation has been conducted shall keep
documents on the results thereof until the work of demolishing
or dismantling the structures or facilities is completed, and the
owner, etc., of structures or facilities for which an institutional
asbestos investigation is conducted shall keep documents on the
results thereof for three years. <Newly Inserted by Act No. 10968,
Jul. 25, 2011>
(4) A designated monitoring institution shall keep documents
recording matters prescribed by the Ordinance of the Ministry
of Employment and Labor, concerning work environment monitoring,
for three years. <Amended by Act No. 10339, Jun. 4, 2010 and Act
No. 10968, Jul. 25, 2011>
(5) A consultant shall keep documents recording matters
Labor, concerning his/her services, for five years. <Amended by
Act No. 10339, Jun. 4, 2010 and Act No. 10968, Jul. 25, 2011>
(6) An asbestos disposal or removal service provider shall
keep documents prescribed by the Ordinance of the Ministry of
Employment and Labor, concerning asbestos disposal and removal
work under Article 38-4 (3), for 30 years. <Amended by Act No.
10339, Jun. 4, 2010 and Act No. 10968, Jul. 25, 2011>
(7) In the case of paragraphs (1) through (6), if electronic
data exist, such data may be preserved in lieu of the documents
concerned. <Amended by Act No. 10968, Jul. 25, 2011>
Article 65 (Delegation and Entrustment of Authority, etc.)
(1) Part of the authority of the Minister of Employment and
Labor under this Act may be delegated to the head of a local
employment and labor office, as prescribed by the Presidential
(2) The Minister of Employment and Labor may entrust
work described in any of the following subparagraphs among
▮▮ 799
his/her work under this Act to the Agency, non-profit corporations

or relevant specialized institutions, as prescribed by the
Presidential Decree: <Amended by Act No. 10339, Jun. 4, 2010;
Act No. 10968, Jul. 25, 2011; and Act No. 11882, Jun. 12, 2013>
1. Work concerning matters prescribed in subparagraphs 2
and 5 through 8 of Article 4 (1);
2. Organization and operation of the standard establishment
committee under Article 27 (2);
3. Safety and health evaluation under Article 28 (3);
3-2. Work concerning registration of institutions which provide
basic education in the construction industry under Article
31-2 (1);
4. Education on safety and health under Article 32 (1);
4-2. Work concerning evaluation under Article 32-2 (1);
5. Safety certification under Article 34 (2) and (4);
6. Confirmation of safety certification under Article 34 (5);
7. Work concerning reports under Article 35 (1);
8. Safety inspection under Article 36 (1);
9. Authorization of self inspection programs under Article
36-2 (1);
9-2. Inspector training under Article 36-2 (2) 2;
10. Support under Article 36-3 (1) and registration under
paragraph (2) of the same Article;
10-2. Comprehensive management of information on the safety
of harmful or hazardous machines, etc., under Article
36-4 (1);
11. Work concerning the evaluation of the ability of an
institution to conduct an asbestos investigation and the
provision of guidance and education under Article 38-2 (5);
11-2. Work concerning the assessment of the safety of asbestos
disposal or removal work under Article 38-4 (4);
11-3. Work concerning the assessment of harmfulness and
hazardousness under Article 39 (3);
12. Provision of information relating to material safety data
sheets under Article 41 (10)
13. Work concerning the evaluation of the ability to conduct
work environment monitoring and analysis and guidance
and education under Article 42 (8);
13-2. Work concerning the evaluation of designated monitoring
institutions under Article 42 (9);
13-3. Work concerning the reliability assessment of the results
of work environment monitoring under Article 42-2 (1);

14. Work concerning the evaluation of the ability to examine

health and guidance and education under Article 43 (9);
14-2. Work concerning the evaluation of designated health
examination institutions under Article 43 (10);
15. Disease investigation under Article 43-2 (1);
16. Issuance of health management pocketbooks under Article
44 (1);
17. Receipt, examination and confirmation of harm and hazard
prevention plans under Article 48;
18. Receipt and examination of process safety reports under
Article 49-2 (1) and (3) and the confirmation thereof
under paragraph (6) of the same Act;
18-2. Refresher training for consultants under Article 52-4 (5);
18-3. Training of consultants under Article 52-10;
18-4. Installation and operation of facilities under subparagraph
3 of Article 61; and
19. Work concerning subsidies or support and the cancellation
and restitution of subsidies or support under Article 62
(1) through (3)
(3) Executives and employees of non-profit corporations or
relevant specialized institutions entrusted with work pursuant to
paragraph (2) shall be deemed public officials in applying
Articles 129 through 132 of the Criminal Act.
Article 66 (Fees, etc.)
shall pay fees as prescribed by the Ordinance of the Ministry of
Employment and Labor: <Amended by Act No. 10339, Jun. 4, 2010>
1. A person who intends to receive a safety and health
evaluation under Article 28 (3);
2. A person who intends to receive job competency education
3. A person who intends to receive safety certification under
Article 34 (2) and (4);
4. A person who intends to receive check under Article 34 (5);
5. A person who intends to receive a safety inspection under
Article 36 (1);
6. A person who intends to receive authorization for a
self-inspection program under Article 36-2 (1);
7. A person who intends to obtain permission under Article
38 (1);
8. A person who intends to receive education for acquiring
▮▮ 801
the qualification and license under Article 47;

9. A person who intends to undergo an examination of a
harm and hazard prevention plan under Article 48 (1)
through (3);
10. A person who intends to undergo an examination of a
process safety report under Article 49-2;
11. A person who intends to apply for an examination for
consultants under Article 52-3;
12. A person who intends to register under Article 52-4;
13. Other persons related to occupational safety and health
(2) The Agency may make any person who benefits from
the services of the Agency bear all or part of expenses needed
for carrying out its services with the approval of the Minister
CHAPTER Ⅸ
Penal Provisions

A person who has caused the death of a worker in
violation of Article 23 (1) through (3), or Article 24 (1) shall be
punished by imprisonment for not more than seven years or a
fine not exceeding 100 million won.
shall be punished by imprisonment for not more than five years
or a fine not exceeding fifty million won: <Amended by Act No.
11882, Jun. 12, 2013>
1. A person who violates Article 23 (1) through (3), 24 (1),
26 (1), 28 (1), 37(1), 38 (1). 38-4 (1) or 52 (2); and
2. A person who violates any order issued under Article 38
(5), 48 (4) or 51 (7).


shall be punished by imprisonment for not more than three
years or a fine not exceeding twenty million won: <Amended by
Act No. 10968, Jul. 25, 2011 and Act No. 11882, Jun. 12, 2013>
1. A person who violates Article 33 (3), 34 (2), 34-4 (1), 38
(3), 38-3, 46, 47 (1) or the latter part of Article 49-2 (1); and
2. A person who violates any order issued under Article
34-4 (2), 38 (4), 38-2 (4), 43 (2), 49-2 (3) and (10) or 51 (6).
shall be punished by imprisonment for not more than one year
or a fine not exceeding ten million won: <Amended by Act No.
10968, Jul. 25, 2011 and Act No. 11882, Jun. 12, 2013>
1. A person who impairs a site where a serious accident
occurred, in violation of Article 26 (5);
2. A person who violates Article 29 (3), the former part of
Article 29 (5), Article 33 (1) and (2), 34-2 (2) and (3), 35-4
(1), 52-6 or 63; and
34-2 (4) or 35-4 (2)
shall be punished by a fine not exceeding ten million won:
<Amended by Act No. 10968, Jul. 25, 2011 and Act No. 11882, Jun.
12, 2013>
1. A person who violates Article 29 (8), 35 (1), 35-2 (2) and
(3), 40 (2) and (7), 43 (5) or 45 (1) and (2);
35-2 (4) or 40 (4) and (8); and
3. A person who fails to take measures, such as installing
or improving relevant facilities and equipment or conducting
health examinations, in accordance with the results of
work environment monitoring under Article 42 (3) to
protect workers’ health.
A person who violates Article 29 (1) or (4) shall be punished
by a fine not exceeding five million won.
▮▮ 803

If a representative of a corporation or an agent, a servant or
any other employee of a corporation or an individual commit
the offense prescribed in Article 66-2, 67, 67-2 or any of Articles
68 through 70 in relation to the business of the corporation or
individual, the fine prescribed in the respective Article shall be
imposed on the corporation or individual in addition to the
punishment of the offender: Provided that this shall not apply
unless the corporation or individual neglects to give considerable
(1) A person who falls under any of the following
exceeding fifty million won: <Amended by Act No. 10968, Jul. 25, 2011>
1. A person who demolishes or dismantles building structures
or facilities without undergoing an institutional asbestos
investigation under Article 38-2 (2);
2. A person who demolishes or dismantles building structures
or facilities in violation of Article 38-5 (3);
(2) A person who violates Article 43-2 (2) or 49 (2) shall be
punished by a fine for negligence not exceeding fifteen million
won. <Amended by Act No. 10968, Jul. 25, 2011>
shall be punished by a fine for negligence not exceeding ten
million won: <Amended by Act No. 10968, Jul. 25, 2011 and Act
No. 11882, Jun. 12, 2013>
1. A person who fails to make a report under Article 10 (2)
or makes a false report;
2. A person who violates Article 29-3 (3), 30 (1) and (3),
34-2 (1), 36 (1) and (4), 36-2 (5), 39-2 (1), 48 (1) through
(3) (excluding those who prepare and submit a report
without hearing the opinions of a person having the
qualifications) or the former part of Article 49-2 (1) and
Article 49-2 (5) and (7);
(8), 49 (1) or 50 (1) and (2);
4. A person who fails to conduct work environment monitoring


5. A person who fails to conduct a health examination for
workers under Article 43 (1); and
6. A person who refuses, interferes with or evades an
examination, inspection or collection by a labor inspector
under Article 51 (1).
10968, Jul. 25, 2011; and Act No. 11882, Jun. 12, 2013>
1. A person who fails to keep and post a summary of this
Act or any order issued under this Act, the safety and
health management regulations, or a material safety data
sheet, in violation of Article 11 (1), 20 (1) or 41 (3);
2. A person who fails to prepare and provide a material
safety data sheet in violation of Article 41 (1) or (11);
3. A person who violates the former part of Article 12,
Article 13 (1), 14 (1), 15 (1), 16 (1), 17 (1), 18 (1), 19 (1)
(including cases where a labor-management consultation
body is established and operated pursuant to Article 29-2)
and (5), 21, 29 (6), (7) and (9), 29-2 (7), 31 (1) through
(3), 31-2 (1), 32 (1) (limited to those falling under
subparagraph (1)), 35-2 (1), 36 (3), 38-4 (2), 38-5 (1), 42
(6), 43 (6), 44 (3), 49-2 (2), 50 (3) and (4) or 52-4 (1);
(3) (including cases where the provision is applied
mutatis mutandis under Article 16 (3)) or 51 (8);
5. A person who fails to allow a workers’ representative to
attend work environment monitoring or a health examination
despite his/her request when conducting work environment
monitoring under Article 42 (1) or a health examination
under 43 (1);
5-2. An employer who fails to comply with the work environment
monitoring methods prescribed by the Ordinance of the
Ministry of Employment and Labor when conducting
work environment monitoring under Article 42 (1)
(excluding cases where work environment monitoring is
entrusted to a designated monitoring institution pursuant
to Article 42 (4);
5-3. A person who fails to inform workers in the relevant
workplace of the results of work environment monitoring
▮▮ 805
6. A person who fails to make a report or attend after

receiving a request made by the Minister of Employment
and Labor under Article 51 (2) or makes a false report; and
7. A person who fails to post matters ordered by the
Minister of Employment and Labor in violation of the
latter part of Article 51 (6).
shall be punished by a fine for negligence not exceeding three
10968, Jul. 25, 2011; and Act No. 11882, Jun. 12, 2013>
1. A person who fails to inform the representative of
workers in violation of Article 11 (2);
2. A person who violates Article 25, 40 (5), 43 (3) and (7)
or 52-8;
3. A person who fails to receive guidance in violation of
Article 30-2 (1);
4. A person who fails to receive job competency education
in violation of Article 32 (1) (limited to those falling
under subparagraph 3);
4-2. A person who fails to comply with an order for submission
of information under Article 34 (7);
4-3. A person who demolishes or dismantles building structures
or facilities without conducting a general asbestos
investigation under Article 38-2 (1);
5. A person who fails to make a report to the Minister of
Employment and Labor in violation of Article 38-4 (3);
6. A person who fails to submit evidential materials under
Article 38-5 (1);
7. A person who fails to submit a harmfulness and
hazardousness investigation report in violation of Article
40 (1) or fails to submit the results of a harmfulness and
hazardousness investigation and materials needed for
harmfulness and hazardousness assessment in violation of
Article 40 (6);
8. A person who fails to put a warning label or provide a
material safety data sheet reflecting a change thereto in
violation of Article 41 (4) through (6), or fails to conduct
education in violation of paragraph (7) of the same Article;
9. A person who fails to notify or report under Article 42
(1) or 43 (4), or notifies or reports falsely;
10. A person who prepares and submits a harm and hazard
prevention plan without seeking the opinions of a qualified

person in violation of Article 48 (3);

11. A person who fails to obtain confirmation from the
Minister of Employment and Labor in violation of
Article 48 (5) or Article 49-2 (6);
12. A person who refuses, interferes with, evades an answer
or makes a false answer to any question asked under
Article 51 (1);
12-2. A person who refuses, interferes with or evades an
inspection, guidance, etc., under Article 51 (3); and
13. A person who fails to keep documents in violation of
Article 64 (1) through (6).
(6) Fines for negligence under paragraphs (1) through (5)
by Act No. 10339, Jun. 4, 2010>
Addenda <Act No. 9319, Dec. 31, 2008; Revision of the Korea
Occupational Safety and Health Agency Act>

(proviso omitted)
(4) Parts of the Occupational Safety and Health Act shall be
revised as follows:
“Korea Occupational Safety and Health Agency (hereinafter
referred to as ”the Agency“)” in Article 4 (2) shall be changed
to “Korea Occupational Safety and Health Agency (hereinafter
referred to as ”the Agency“)”.
Article 6 Omitted.

This Act shall enter into force at the expiration of six
months after its promulgation.
▮▮ 807
Article 2 (Transitional Measures Concerning Asbestos Disposal and

Removal)
A person who has obtained permission for asbestos disposal
and removal under the previous provisions during the
enforcement of this Act may be engaged in asbestos disposal
and removal for three months after this Act enters into force.
Article 3 (Transitional Measures Concerning Penal Provisions)
to any act committed before the entering into force of this Act
shall be subject to the previous provisions.
Addendum <Act No. 9796, Oct. 9, 2009>

months after its promulgation: Provided that the revised proviso
of Article 1 (2) of the Addenda of the Occupational Safety and
Health Act amended by Act no. 8562 shall enter into force on
the date of its promulgation.
Addenda <Act No. 9847, Dec. 29, 2009; Revision of the Infectious
Disease Prevention Act>

revised as follows:
“Infectious disease” in Article 45 (1) shall be changed to
“infectious disease”.
Article 22 Omitted.
Addenda <Act No. 10305, May. 20, 2010; Revision of the Industrial
Accident Compensation Insurance Act>

This Act shall enter into force six months after its
revised as follows:
“Medical care benefits under Articles 41 of the Industrial
Accident Compensation Insurance Act or survivors' benefits
under Article 62 of the same Act” in proviso of Article 10 (2)
shall be changed to “medical care benefits under Articles 41
and 91-5 of the Industrial Accident Compensation Insurance Act,
survivors' benefits under Article 62 of the same Act, or pensions
for surviving family members of pneumoconiosis workers under
Article 91-4 of the same Act”.

Organization Act>

<Proviso omitted>
(47) Parts of the Occupational Safety and Health Act shall
“Minister of Labor” in subparagraph 6 of Article 2, Article 8
(1) and (2), Article 9 (1) through (4), Article 9-2 (1), Article 10
(2), Article 12, Article 15 (3) and (4), Article 15-2 (1), Article
15-3 (1), Article 26 (4), Article 27 (1) through (3), Article 28 (1),
(3) and (4), Article 30 (1), (2) and (4), Article 32 (1), Article 33
(1), Article 34 (1) and (2), Article 34 (3) 2, Article 34 (4) and
(5), Article 34-2 (4), Article 34-3 (1) and (2), Article 34-4 (1) 2,
Article 34-4 (2), Article 35 (1), Article 35-2 (4), Article 35-3,
Article 35-4 (1) 3, Article 35-4 (2), Article 36 (1), Article 36-2 (1),
(3) and (4), Article 36-3 (1) through (3), Article 37 (2) and (3),
Article 38 (1), (4) and (5), Article 38-2 (1), (3) and (4), Article
38-4 (1), (3) and (4), Article 38-5 (1), Article 39 (1) through (3),
▮▮ 809
Article 40 (1), (3) and (4), proviso of Article 41 (2), Article 41

(5) and (7), Article 42 (1), (4), (5), (8) and (9), Article 42-2 (1),
Article 43 (1), (2), (4), (9), (10) and (11), Article 43-2 (1) and (3),
Article 44 (1), Article 47 (2), Article 48 (1) and (3) through (5),
Article 49 (1), Article 49-2 (1), (3), (4), (7) and (8), Article 50 (1)
and (2), Article 51 (2) through (4), (6), (7) and (8), Article 51-2
(1) and (2), Article 52 (1), Article 52-3 (1) and (3), Article 52-4
(4), Article 52-5, Article 61, Article 61-2 (1), subparagraph 3 of
Article 61-3, Article 62 (1), (2) and (4), proviso of Article 63,
Article 63-2 (1), proviso of Article 64 (1), Article 65 (1) and (2),
Article 66 (2), subparagraphs 6 and 7 of Article 72 (4),
subparagraphs 5 and 11 of Article 72 (5), and Article 72 (6)
shall be changed to “Minister of Employment and Labor”.
“Ordinance of the Ministry of Labor” in subparagraph 7 of
Article 2, Article 9-2 (2), Article 10 (1) and (2), Article 11 (2) 6,
Article 12, Article 13 (1) 9, Article 15 (5), Article 20 (3), Article
23 (4), Article 24 (2), Article 25, Article 26 (4), Article 28 (2),
Article 29 (1) 4, Article 29 (2), (3) and (7), Article 29-2 (6),
Article 30 (3) and (4), Article 31 (1) through (3), Article 32 (2)
and (3), Article 33 (2), proviso of Article 34 (2), Article 34 (3),
(5) and (6), Article 34-2 (1), Article 34-3 (2), Article 34-4 (2),
Article 35 (1) 3, Article 35 (3), Article 35-2 (1), Article 35-4 (2),
proviso of Article 36 (1), Article 36 (4), subparagraphs 1 and 2
of Article 36-2 (2), Article 36-2 (6), Article 36-3 (2) and (4),
Article 37 (2), Article 38 (1) and (2), Article 38-2 (2), Article
38-3, Article 38-4 (3) and (5), Article 38-5 (1) and (2), Article 39
(1) and (4), Article 39-2 (1), subparagraph 3 of Article 39-2 (1),
Article 40 (1), subparagraphs 1 and 2 of Article 40 (1), Article
41 (3), Article 41 (1) 4, Article 41 (2), (3), (8) and (9), Article 42
(1), (2), (5) and (9), Article 42-2 (3), Article 43 (4), (8) and (10),
Article 43-2 (4), Article 44 (1) and (3), Article 45 (1), Article 47
(1) and (3), Article 48 (1), (2), (3) and (5), Article 49 (1), Article
49-2 (4) and (7), Article 50 (1) and (2), Article 51 (1) and (6),
Article 51-2 (3), Article 52-3 (2), Article 52-4 (1), subparagraph 3
of Article 52-5, subparagraph 3 of Article 61, Article 62 (2) 3,
Article 62 (3), Article 63-2 (2), proviso of Article 64 (1), Article
64 (2) through (4), and Article 66 (1) shall be changed to
“Ordinance of the Ministry of Employment and Labor”.
“Regional labor office” in Article 65 (1) shall be changed to
“regional employment and labor office”.
Article 5 Omitted.


Provided that the amended provisions of Article 52-9 shall enter
into force three months after its promulgation and the amended
provisions of Article 31 (2), Article 31-2 and Article 65 (2) 3-2
and the amended provisions of Article 32-2, Article 32-3, Article
51 (1) and Article 72 (4) 3 (limited to parts related to the
amended provisions of Article 31-2) shall enter into force on the
date prescribed by the Presidential Decree but not later than
2014 according to size of workplace.
Article 2 (Applicability Concerning Penalty Surcharges)
where a ground for suspension of business occurs after this Act
enters into force.
Article 3 (Applicability Concerning Basic Education in Construction
Industry)
daily construction workers who are hired in construction sites
(2) In regard of daily construction workers who have
received education at the time of hiring in accordance with the
previous provisions of Article 31 (2) when this Act enters into
force, the amended provisions of Article 31-2 shall apply to
cases where they are hired in different construction sites after
Article 4 (Applicability Concerning Prohibition, etc., of Use of Self
Safety Check Marks)
The amended provisions of Article 35-3 (2) shall apply to
persons who are prohibited from using a self safety check mark
Article 5 (Applicability Concerning Safety Inspection)
The amended provisions of the former part of Article 36 (1)
shall apply to persons who run a business employing no
worker and for whom a safety inspection period arrives after
Article 6 (Applicability Concerning Self Inspection Programs)
The amended provisions of Article 36-2 (1) shall apply to
persons who run a business employing no worker and intend
▮▮ 811
to receive authorization for a self inspection program after this

Act enters into force.
Article 7 (Applicability Concerning Revocation or Restriction of Support
for Businesses, etc., Engaging in Manufacturing Machines,
Instruments, etc., Subject to Mandatory Safety Certification)
to cases where a ground for revocation of registration or
restriction of support occurs after this Act enters into force.
to cases where a ground for restitution of money occurs after
to persons whose registration is revoked after this Act enters
into force.
Article 8 (Applicability Concerning Measures to Be Taken in Case
of Failures to Conduct General Asbestos Investigation)
The amended provisions of Article 38-2 (4) concerning measures
to be taken in the case of failures to conduct a general asbestos
investigation shall apply to the owners, etc., of structures or
facilities who must conduct a general asbestos investigation but
fail to do so after this Act enters into force.
Article 9 (Applicability Concerning Putting of Warning Labels in
Case of Target Chemicals Transferred or Supplied Using
Any Means Other Than Containers and Packages)
The amended provisions of the proviso to Article 41 (4)
shall apply to cases where target chemicals are transferred or
supplied after this Act enters into force.
Article 10 (Applicability Concerning Changes to Material Safety
Data Sheets)
cases where there occurs a need to change the contents of a
material safety data sheet after this Act enters into force.
Article 11 (Applicability Concerning Self Examination in Case of
Submission of Harm and Hazard Prevention Plan)
The amended provisions of the proviso to Article 48 (3)
shall apply to employers of construction businesses which start
construction work after this Act enters into force and meet the
standards prescribed by the Ordinance of the Ministry of

Article 12 (Applicability Concerning Prohibition of Operation Before

Notification of Completion of Examination of Process
Safety Report)
The amended provisions of the latter part of Article 49-2 (1)
shall apply to cases where a process safety report is submitted
Article 13 (Applicability Concerning Preservation of Documents on
Machines, Instruments, etc., Subject to Mandatory Safety
Certification)
products which are released and receive safety certification after
Article 14 (Applicability Concerning Preservation of Documents on
General Asbestos Investigations and Institutional Asbestos
Investigations)
where a general asbestos investigation or an institutional asbestos
investigation is conducted after this Act enters into force.
Article 15 (Transitional Measures Concerning Penal Provisions)
to any offence committed before the entering into force of this
Act shall be governed by the previous provisions notwithstanding
the amended provisions of Article 67-2, Articles 68 through 70
and Article 72.
Addenda <Act No. 11794, May 22, 2013; Revision of the

Construction Technology Promotion Act>

“Article 26-3 (1) 2 of the Construction Technology Management
Act” in Article 14 (2) shall be changed to “Article 64 (1) 2 of
the Construction Technology Promotion Act".
"Article 26-3 (1) 1 of the Construction Technology Management
▮▮ 813
Act" in Article 18 (2) shall be changed to "Article 64 (1) 1 of

the Construction Technology Promotion Act".
Article 26 Omitted.
Addenda <Act No. 11862, Jun. 4, 2013; Revision of the Chemicals

Control Act>
“Relating to the Toxic Chemicals Control Act” in the latter
part of Article 41 (1) other than each subparagraph shall be
changed to "relating to the Chemicals Control Act".
Article 12 Omitted.

This Act shall enter into force nine months after its
4, 11, 13, 15 (1) and (2), 16 and 18 shall enter into force on the
date of promulgation and the amended provisions of Article 10
(2) shall enter into force on July 1, 2014.
Article 2 (Applicability Concerning Reporting of Industrial Accidents)
industrial accidents that occur after the same provisions enter
into force.
Article 3 (Applicability Concerning Necessary Measures, Such As
Providing Information on Safety and Health, in Case of
Contracted Business)
where contracted work begins after this Act enters into force.
Article 4 (Applicability Concerning Request for Design Change in
Construction Work)

The amended provisions of Article 29-3 shall apply to

construction work for which a contract is made after this Act
enters into force.
Article 5 (Applicability Concerning Revocation of Registration of
Consultants)
where there occurs a reason for revocation of registration or
suspension of business after this Act enters into force (excluding
cases where a consultant falls under the amended provisions of
subparagraph 3 of Article 52-15 or violates Article 52-6 under
the amended provisions of subparagraph 4 of Article 52-15).
Article 6 (Applicability Concerning Keeping of Documents by
Safety Certification Institutions and Safety Inspection
Institutions)
cases where safety certification and safety inspection is conducted
Article 7 (Transitional Measures Concerning Occupational Hygiene
Consultants)
Occupational hygiene consultants under the previous provisions
before this Act enters into force shall be regarded as
occupational health consultants under this Act.
Article 8 (Transitional Measures Concerning Renewal Registration
of Consultants)
Consultants registered under the previous provisions before
this Act enters into force shall renew their registration within
three months after the enforcement of this Act in accordance
with the amended provisions of Article 52-4 (4). In such cases,
they shall be considered to have consulting experience under
the amended provisions of the former part of Article 52-4 (5).
Article 9 (Transitional Measures Concerning Training of Consultants)
Consultants registered before this Act enters into force shall
be considered to have received training under the amended
provisions of Article 52-10.
Article 10 (Transitional Measures Concerning Penal Provisions, etc.)
to any offence committed before this Act enters into force shall
be governed by the previous provisions notwithstanding the
amended provisions of Articles 67, 67-2, 68, 69 and 72.
▮▮ 815
ENFORCEMENT DECREE OF THE OCCUPATIONAL

SAFETY AND HEALTH ACT

Presidential Decree No. 12157, May. 15, 1987
Presidential Decree No. 12773, Aug, 7, 1989
Presidential Decree No. 12899, Jan, 3, 1990
Presidential Decree No. 13053, Jul, 14, 1990
Presidential Decree No. 18343, Mar, 29, 2004

ENFORCEMENT DECREE OF THE OCCUPATIONAL SAFETY AND HEALTH ACT
Article 1 (Purpose)
The purpose of this Decree is to prescribe the matters delegated
by the Occupational Safety and Health Act and matters necessary
for the enforcement thereof.
Jul. 30, 2009>
The terms used in this Decree shall have the same meanings
as are prescribed by the Occupational Safety and Health Act
(hereinafter referred to as “the Act”) unless otherwise specially
provided for by this Decree.
Jul. 30, 2009>
Article 2-2 (Scope of Application, etc.)
(1) The scope of businesses or workplaces (hereinafter referred
to as “businesses”) excluded from parts of the Act pursuant to
the proviso to Article 3 (1) of the Act, and the scope of the
provisions of the Act not applicable to the relevant businesses
shall be as specified in Table 1. <Amended by Presidential Decree
No. 24684, Aug. 6, 2013>
(2) The classification of businesses under this Decree shall
follow the Korea Standard Industrial Classification announced by
the Commissioner of the National Statistical Office in accordance
with the Statistics Act.
Jul. 30, 2009>
Article 3 (Establishment of Policy Measures to Prevent Accidents
in Workplaces)
The Minister of Employment and Labor shall come up with
policy measures concerning research on, and dissemination of,
accident prevention techniques, and support for, and education
about, safety and health technologies, in order to prevent
accidents in workplaces pursuant to Article 4 (1) 2 of the Act.
<Amended by Presidential Decree No. 25251, Mar. 12, 2014>
Jul. 30, 2009>
Mar. 12, 2014>
Article 3-2 (Implementation of Safety and Health Management
System, etc.)
▮▮ 817
(1) The Minister of Employment and Labor shall research

and disseminate techniques for the operation, etc. of a autonomous
safety and health management system in businesses to establish
a safety and health management system in businesses pursuant
to Article 4 (1) 5 of the Act. <Amended by Presidential Decree No.
22269, Jul. 12, 2010 and Presidential Decree No. 23545, Jan. 26, 2012>
(2) The Minister of Employment and Labor shall come up
with policy measures to improve the level of safety and health
management in businesses in order to establish an autonomous
safety and health management system in businesses. <Amended
Decree No. 24684, Aug. 6, 2013>
(3) Necessary matters concerning policy measures under
paragraph (2) shall be determined by the Minister of Employment
2010 and Presidential Decree No. 24684, Aug. 6, 2013>
Jul. 30, 2009>
Article 3-3 (Establishment of Policy Measures to Raise Safety and
Health Awareness)
with policy measures relating to any of the following subparagraphs
in order to raise safety and health awareness pursuant to
Article 4 (1) 6 of the Act: <Amended by Presidential Decree No.
22269, Jul. 12, 2010>
1. Designation and implementation of an occupational safety
and health awareness period;
2. Promotion of safety and health education and activation
of publicity;
3. Promotion, etc., of people's sound and voluntary activities
concerning safety and health.
(2) Necessary matters concerning policy measures to raise
safety and health awareness pursuant to paragraph (1) shall be
Jul. 30, 2009>
Article 3-4 (Implementation of Accident-Free Campaigns)
(1) The Minister of Employment and Labor shall come up with
policy measures relating to any of the following subparagraphs
in order to effectively carry out accident-free campaigns pursuant

to Article 4 (1) 6 of the Act: <Amended by Presidential Decree No.

22269, Jul. 12, 2010>
1. Spread of accident-free campaigns across workplaces and
dissemination of their implementation techniques;
2. Activation of accident-free campaigns, such as by supporting
workplaces which have accomplished the goal of accident-free
workplace, etc.
(2) Matters necessary for carrying out the policy measures
referred to in paragraph (1), such as the methods of implementing
accident-free campaigns, shall be determined by the Minister of
22269, Jul. 12, 2010>
Jul. 30, 2009>
Article 3-5 (Maintenance and Management of Surveys and Statistics)
The Minister of Employment and Labor shall conduct a
survey on industrial accidents and maintain and manage the
statistics thereof pursuant to Article 4 (1) 8 of the Act in order
to prevent industrial accidents. <Amended by Presidential Decree
No. 22269, Jul. 12, 2010>
Jul. 30, 2009>
Article 3-6 (Implementation of Health Promotion Project, etc.)
with policy measures relating to any of the following subparagraphs
in order to efficiently implement matters concerning the protection
and promotion of workers' health as prescribed in Article 4 (1)
10 of the Act: <Amended by Presidential Decree No. 22269, Jul. 12, 2010>
1. Dissemination and spread of projects to promote workers’
health;
2. Creation of clean work environments.
(2) Matters necessary for the implementation of the policy
measures referred to in paragraph (1) shall be determined by
Decree No. 22269, Jul. 12, 2010>
Jul. 30, 2009>
Article 3-7 (Cooperation by Employers, etc.)
Employers, workers and other related organizations shall
co-operate, such as by actively taking part in the national measures
prescribed in Articles 3-2 through 3-6.
▮▮ 819

Jul. 30, 2009>
Article 4 Deleted. <Presidential Decree No. 22061 Apr. 10. 2010>
Article 8-2 Deleted. <Presidential Decree No. 22061 Apr. 10. 2010>
Article 8-3 Deleted. <Presidential Decree No. 22061 Apr. 10. 2010>
Article 8-4 (Workplaces Subject to Public Announcement)
“Workplaces prescribed by the Presidential Decree” in
Article 9-2 (1) refers to workplaces falling under each of the
1. Workplaces within the highest 10 percent of those whose
annual industrial accident rate is higher than the average
accident rate of workplaces of the same size in the same
business;
2. Workplaces where industrial accidents cause two or more
deaths a year and the death rate (referring to the number
of deaths which occur for every 10,000 ordinarily employed
workers each year);
3. Workplaces which have failed to make a report on the
occurrence of industrial accidents under Article 10 of the
Act twice or more over the past three years;
4. Workplaces where a serious industrial accident prescribed
in Article 49-2 (1) of the Act has occurred.
Jul. 30, 2009>
Article 9 (Appointment etc. of Safety and Health Manager)
(1) The type and size of business where a safety and health
manager (hereinafter referred to as “safety and health manager”)
shall be appointed pursuant to Article 13 (3) of the Act shall be
as specified in Table 1-2. <Amended by Presidential Decree No.
22269, Jul. 12, 2010 and Presidential Decree No. 24684, Aug. 6, 2013>
(2) A safety and health manager shall be the one actually
responsible for the general management of the business concerned.
<Amended by Presidential Decree No. 24684, Aug. 6, 2013>

(3) An employer shall give a safety and health manager the

authority needed to perform the duties specified in Article 13
(1) of the Act. <Newly Inserted by Presidential Decree No. 25251,
Mar. 12, 2014>
(4) Where an employer appoints a safety and health manager,
he/she shall keep documents attesting to that appointment and
details of duties performed under any subparagraph of Article
13 (1) of the Act. <Amended by Presidential Decree No. 24684,
Aug. 6, 2013 and Presidential Decree No. 25251, Mar. 12, 2014>
Jul. 30, 2009>
Article 10 (Duties of Supervisor)
(1) "Duties prescribed by the Presidential Decree, such as
safety and health inspection" in the main sentence of Article 14
Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 22496, Nov.
18, 2010; and Presidential Decree No. 25251, Mar. 12, 2014>
1. Safety and health check on, and identification of problems
with, machines, instruments or equipment related to work
(hereinafter referred to as “relevant work”) which the
supervisor oversees or supervises in the workplace;
2. Check on the work clothes, personal protective equipment
and protective devices of workers under the control of the
supervisor, and education and instruction on the wearing
and use of them;
3. Reporting of industrial accidents arising from the relevant
work and emergency measures in response to such accidents;
4. Arrangement and keeping in order of things at the work
site involving the relevant work and confirmation and
inspection to secure passage;
5. Cooperation in guidance and advice of the occupational
physician, safety manager (if a workplace entrusts the duties
of a safety manager to a specialized institution for safety
management under Article 15 (4) of the Act, the person in
the specialized institution, who is in charge of the workplace)
and health manager (if a workplace entrusts the duties of a
health manager to a specialized institution for health
management under Article 16 (3) of the Act, the person in
the specialized institution, who is in charge of the workplace);
6. Identification of hazards caused by work to conduct a risk
assessment and implementation of improvement measures
in accordance with the results under Article 41-2 of the
▮▮ 821
Act; <Newly Inserted by Presidential Decree No. 25251, Mar.

12, 2014>
7. Other matters concerning safety and health of the relevant
work, which are determined by the Minister of Employment
and Labor <Amended by Presidential Decree No. 22269, Jul.
12, 2010>
(2) An employer shall give a supervisor the authority necessary
for performing the duties referred to in paragraph (1) and provide
him/her with facilities, equipment, budgets and other support
necessary for carrying out his/her duties.
(3) “Work prescribed by the Presidential Decree” in the proviso
to Article 14 (1) of the Act shall be as specified in Table 2.
(4) "Safety- and health-related duties prescribed by the
Presidential Decree, such as special education for employees” in
the proviso to Article 14 (1) of the Act refers to duties
described in any of the following subparagraphs: <Amended by
1. Safety-related education among special education provided
pursuant to Article 31 (3) of the Act when an employer
employs workers for harmful or hazardous work;
2. Performance tests on the safety of harmful or hazardous
machines, etc., under Article 36-2 (1) of the Act (limited
to cases where the supervisor is any of the persons
referred to in Article 36-2 (2) of the Act);
3. Other duties to prevent any harm or hazards in the
nature of the relevant work, which are determined by the
Jul. 30, 2009>
Article 12 (Appointment, etc. of Safety Managers)
(1) The type and size of business where a safety manager
shall be appointed, the number of safety managers and the
appointment methods under Article 15 (2) of the Act shall be
as specified in Table 3.
(2) Among businesses under paragraph (1), workplaces ordinarily
employing 300 workers or more [in cases of construction business,
workplaces engaged in construction work worth 12 billion won
or more (15 billion won or more in cases of civil engineering
work specified in Table 1 of the Enforcement Decree of the
Framework Act on the Construction Industry) or ordinarily

employing 300 workers or more] shall have a safety manager

exclusively in charge of the duties prescribed in Article 15 (1)
of the Act and Article 13 (1) of this Decree in the workplace.
(3) In applying paragraphs (1) and (2) to any business referred
to in Article 18 (1) of the Act, the construction cost of the
contracted business carried out at the same place as the business
concerned or the number of workers employed ordinarily by
the contractor (including subcontractors; hereinafter the same
shall apply in this Article) shall be deemed the construction cost
or the number of ordinarily employed workers of the business
concerned, respectively: Provided that this shall not apply where
the construction cost of contracted business or the number of
ordinarily employed workers of a contractor falls under Table 3.
(4) Notwithstanding paragraph (1), if two or more workplaces
run by the same employer fall under any of the following
subparagraphs, one joint safety manager may be assigned to the
workplaces concerned. In such cases, the total number of workers
employed ordinarily in the workplaces concerned shall not
exceed 300 persons. <Amended by Presidential Decree No. 22496,
Nov. 18, 2010>
1. Where such workplaces are located in the same Si, Gun,
or Gu (referring to self-governing Gus);
2. Where such workplaces are located within 15 kilometers
from the boundary of each workplace.
(5) Notwithstanding paragraphs (1) through (3), if an employer
who awards a contract for business carried out in the same
place appoints a safety manager exclusively responsible for safety
management for workers of the contractor carrying out the business,
and Labor, the contractor may not appoint a safety manager.
(6) If an employer appoints a safety manager or entrusts the
duties of a safety manager to a specialized institution for safety
management pursuant to Article 15 (4) of the Act, he/she shall
submit documents proving this to the Minister of Employment
and Labor within 14 days after the appointment or entrustment,
as prescribed by the Ordinance of the Ministry of Employment and
Labor. The same shall apply if a safety manager is replaced
pursuant to Article 15 (3) of the Act. <Amended by Presidential
Mar. 12, 2014>
▮▮ 823

Jul. 30, 2009>
Article 13 (Duties, etc. of Safety Manager)
(1) Duties which shall be performed by a safety manager
pursuant to Article 15 (2) of the Act shall be as follows:
Presidential Decree No. 23545, Jan. 26, 2012; and Presidential Decree
No. 25251, Mar. 12, 2014>
1. Duties deliberated on and determined by the occupational
safety and health committee under Article 19 (1) of the
Act, and a labor-management consultative body on safety
and health under Article 29-2 (1) of the Act and duties
prescribed by the safety and health management regulations
of the relevant workplace under Article 20 (1) of the Act
(hereinafter referred to as “safety and health management
regulations”) and the employment rules;
2. Provision of assistance, advice and guidance with regard
to the selection of qualified products when purchasing
machines, instruments, etc., subject to mandatory safety
certification under Article 34 (2) of the Act (hereinafter
referred to as “machines, instruments, etc., subject to
mandatory safety certification”) and machines, instruments,
etc., subject to self safety check under Article 35 (1) of
the Act (hereinafter referred to as “machines, instruments,
etc., subject to self safety check”);
2-2. Provision of assistance, advice and guidance with regard
to risk assessment under Article 41-2 of the Act;
to the establishment of a safety education plan and provision
of safety education in the workplace concerned;
4. Routine inspection of the workplace concerned, provision
of guidance, and recommendation of measures;
5. Investigation and analysis of the causes of industrial
accidents and provision of technical assistance, advice and
guidance to prevent recurrences of industrial accidents;
6. Provision of assistance, advice and guidance for maintaining,
managing or analyzing statistics on industrial accidents;
to compliance with the safety-related matters prescribed
by the Act or any order under the Act;
8. Recording and maintenance of details of performed duties;
and

9. Other safety-related matters determined by the Minister of

(2) When an employer appoints a safety manager, he/she shall
take into account the work arrangements of the workplace
concerned, such as overtime work, night work, holiday work, etc.
(3) An employer may receive assessment and guidance from
outside experts to carry out safety management work smoothly.
<Newly Inserted by Presidential Decree No. 23545, Jan. 26, 2012>
(4) A safety manager shall cooperate with health managers
when performing the duties prescribed in paragraph (1). <Newly
Inserted by Presidential Decree No. 23545, Jan. 26, 2012 and Amended
(5) Article 10 (2) shall apply mutatis mutandis to safety
managers. <Amended by Presidential Decree No. 23545, Jan. 26, 2012>
Jul. 30, 2009>
Mar. 12, 2014>
Article 14 (Qualifications of Safety Manager)
The qualifications of a safety manager under Article 15 (2)
of the Act shall be as specified in Table 4.
Jul. 30, 2009>
Article 15 (Entrustment, etc. of Safety Management Work)
(1) The type and size of business which may entrust the
duties of a safety manager to a specialized institution for safety
management pursuant to Article 15 (4) of the Act shall be
businesses ordinarily employing less than 300 workers except
construction businesses. <Amended by Presidential Decree No. 25251,
Mar. 12, 2014>
(2) If an employer entrusts the duties of a safety manager
to a specialized institution for safety management pursuant to
paragraph (1), the specialized institution shall be deemed a
safety manager under Article 12 (1). <Amended by Presidential
Decree No. 25251, Mar. 12, 2014>
Jul. 30, 2009>
Article 15-2 (Requirements for Designation of Specialized Institution
for Safety Management)
To be eligible to be designated as a specialized institution
▮▮ 825
for safety management pursuant to Article 15 (4) of the Act, a

person shall fall under any of the following subparagraphs and
have the manpower, facilities and equipment prescribed by the
1. An occupational safety consultant registered under Article
52-4 of the Act (excluding occupational safety consultants
in the area of construction safety); and
2. A juristic person who intends to engage in safety management
work.
Jan. 26, 2012>
Mar. 12, 2014>
Article 15-3 (Application, etc., for Designation of Specialized Institution
for Safety Management)
(1) A person who intends to be designated as a specialized
institution for safety management pursuant to Article 15 (4) of
the Act shall submit an application for designation as a
specialized institution for safety management to the Minister of
Employment and Labor, as prescribed by the Ordinance of the
Mar. 12, 2014>
(2) If a specialized institution for safety management intends
to modify designated matters, it shall submit an application for
modification of a specialized institution for safety management
to the Minister of Employment and Labor, as prescribed by the
Decree No. 25251, Mar. 12, 2014>
Jul. 30, 2009>
Mar. 12, 2014>
Article 15-4 Deleted. <Presidential Decree No. 15372, May 16, 1997>
Article 15-5 (Reasons for Revocation, etc., of Designation of Specialized
Institution for Safety Management)
"Cases where there is any reason prescribed by the Presidential
Decree” in subparagraph 5 of Article 15-2 (1) of the Act refers

to the following cases: <Amended by Presidential Decree No. 23545,

Jan. 26, 2012 and Presidential Decree No. 25251, Mar. 12, 2014>
1. Where the specialized institution for safety management
receives entrustment fees without performing safety
management work or falsely makes any document relating
to safety management work;
refuses to accept the entrustment of safety management
work without any justifiable reason;
causes any delay in safety management work or neglects
to perform such work;
4. Other cases where the specialized institution for safety
management violates the Act or any order under this Act.
Jul. 30, 2009>
Mar. 12, 2014>
Article 15-6 (Standards for Calculation of Penalty Surcharge)
The standards for imposition of penalty surcharges by business
suspension period under Article 15-3 (3) shall be as specified in
Table 4-2.
Jan. 26, 2012>
Article 15-7 (Imposition and Payment of Penalty Surcharge)
(1) When imposing a penalty surcharge pursuant to Article
15-3 (1) of the Act, the Minister of Employment and Labor shall
notify the payment of the penalty surcharge in writing by clearly
stating the type of offence, the amount of penalty surcharge,
etc. <Amended by Presidential Decree No. 22269, Jul. 12, 2010>
(2) A person who receives the notification referred to in
paragraph (1) shall make that payment to a receiving agency
designated by the Minister of Employment and Labor within 30
days from the date of notification: Provided that if the penalty
surcharge cannot be paid within the period because of natural
disasters or any other unavoidable reason, the payment shall be
made within 15 days from the date on which the reason is
removed. <Amended by Presidential Decree No. 22269, Jul. 12, 2010>
(3) The receiving agency that receives the penalty surcharge
pursuant to paragraph (2) shall issue a receipt to the payer.
(4) If the receiving agency has received the penalty surcharge
▮▮ 827
pursuant to paragraph (2), it shall notify the fact to the Minister

of Employment and Labor without delay. <Amended by Presidential
Decree No. 22269, Jul. 12, 2010>
(5) The penalty surcharge shall not be paid in installments.
Jul. 30, 2009>
Article 16 (Appointment, etc. of Health Managers)
(1) The type and size of business where a health manager
shall be appointed pursuant to Article 16 (2) of the Act, the
number of health managers and appointment methods shall be
as specified in Table 5.
(2) The workplace of the business referred to in paragraph
(1) shall have a health manager exclusively in charge of the duties
prescribed in Article 16 (1) of the Act and each subparagraph
of Article 17 (1) of this Decree in the workplace: Provided that
a health manager in a workplace ordinarily employing less than
300 workers may concurrently engage in other work unless it
interferes with the health management work. <Amended by
Presidential Decree No. 25251, Mar. 12, 2014>
(3) Article 12 (3), (4) and (6) shall apply mutatis mutandis
to the appointment, etc., of health managers.
Jul. 30, 2009>
Article 17 (Duties, etc. of Health Manager)
(1) Duties which shall be performed by a health manager
pursuant to Article 16 (2) of the Act shall be as follows:
<Amended by Presidential Decree No. 23545, Jan. 26, 2012 and
1. Duties deliberated on and determined by the occupational
safety and health committee under Article 19 (1) of the Act
and duties prescribed in the safety and health regulations
and employment rules;
to the selection of qualified products when purchasing
health-related protective equipment among machines,
instruments, etc., subject to safety certification and machines,
instruments, etc., subject to self safety check;
to the posting or keeping of materials safety data sheets(MSDS)
prepared under Article 41 of the Act;

to risk assessment under Article 41-2 of the Act;

5. Duties of an occupational physician under Article 22 (1)
(limited to cases where the health manager is a person
falling under subparagraph 1 of Table 6);
to the establishment of a health education plan and provision
of health education in the workplace concerned;
7. Medical-care activities falling under any of the following
items, which are aimed at protecting workers of the
workplace concerned (limited to cases where the health
manager falls under subparagraph 1 or 2 of Table 6):
A. Treatment of a patient with frequently-occurring injuries,
such as external wounds;
B. Treatment of a person who requires emergency treatment;
C. Treatment to prevent the worsening of an injury or a
disease;
D. Medical-care guidance and management for a person
who has been found to have a disease after a
health examination; and
E. Prescription of medicines required by the medical-care
activities prescribed in A through D;
to the inspection of facilities, such as a general ventilation
system and a local exhaust ventilation system used at a
work site, and the technical improvement of working methods;
9. Routine inspection of the workplace, provision of guidance
and recommendation of measures;
10. Investigation of the causes of work-related diseases and
establishment of countermeasures;
11. Provision of assistance, advice and guidance for maintaining,
managing or analyzing statistics on industrial accidents;
to compliance with the health-related matters prescribed
by the Act or any order under the Act;
13. Recording and maintenance of details of performed duties;
and
14. Other matters related to work management and work
environment management.
(2) A health manager shall cooperate with safety managers
when performing the duties prescribed in paragraph (1).
<Newly Inserted by Presidential Decree No. 23545, Jan. 26,
2012 and Amended by Presidential Decree No. 25251, Mar.
▮▮ 829
12, 2014>
(3) Article 10 (2) and Article 13 (2) shall apply mutatis
mutandis to health managers. In such cases, the facilities and
equipment to be provided to health managers shall be
Labor. <Amended by Presidential Decree No. 22269, Jul. 12, 2010
Jul. 30, 2009>
Mar. 12, 2014>
Article 18 (Qualifications of Health Manager)
The qualifications of a health manager under Article 16 (2)
of the Act shall be as specified in Table 6.
Jul. 30, 2009>
Article 19 (Entrustment, etc. of Health Management Work)
(1) Specialized institutions for health management which
may be entrusted with the duties of a health manager pursuant
to Article 16 (3) of the Act shall be classified into specialized
institutions for health management by region and specialized
institutions for health management by industry and harmful
agent. <Amended by Presidential Decree No. 25251, Mar. 12, 2014>
(2) Businesses which may entrust the duties of a health
manager to a specialized institution for health management shall
be those ordinarily employing less than 300 workers and those
located in remote areas determined by the Minister of Employment
2010 and Presidential Decree No. 25251, Mar. 12, 2014>
(3) The types of businesses which may entrust the duties of
a health manager to a specialized institution for health management
by industry and harmful agent under paragraph (1) shall be
and Presidential Decree No. 25251, Mar. 12, 2014>
(4) Article 15 (2) shall apply mutatis mutandis to the entrustment
of health management work.
Jul. 30, 2009>
for Health Management)


for health management pursuant to Article 16 (3) of the Act, a
person shall fall under any of the following subparagraphs and
have the manpower, facilities and equipment prescribed by the
No. 23545, Jan. 26, 2012; and Presidential Decree No. 25251, Mar.
12, 2014>
1. An occupational health consultant registered under Article
52-4 of the Act;
2. An institution belonging to the state or local government;
3. A general hospital or a hospital under the Medical Services
Act;
4. A university or its subsidiary under the Higher Education
Act; and
5. A juristic person who intends to engage in health management
work.
Jul. 30, 2009>
Mar. 12, 2014>
Articles 15-3 and 15-5 through 15-7 shall apply mutatis mutandis
to specialized institutions for health management. <Amended by
Jul. 30, 2009>
Article 20 (Appointment, etc. of Occupational Physicians)
(1) The type and size of business where an occupational
physician shall be appointed pursuant to Article 17 (2) of the
Act shall be a business which ordinarily employs 50 workers or
more and has a health manager who is not a medical doctor:
Provided that if the duties of a health manager is entrusted to
a specialized institution for health management pursuant to
Article 19, the workplace may not have an occupational physician.
(2) An occupational physician under paragraph (1) may be
commissioned from outside of the workplace. In such case, the
commissioned occupational physician shall perform the duties of
an occupational physician as prescribed in Article 22.
(3) If an employer appoints an occupational physician, he/she
▮▮ 831
shall submit documents proving this to the Minister of

Employment and Labor within 14 days from the date of
appointment, as prescribed by the Ordinance of the Ministry of
22269, Jul. 12, 2010>
(4) The number of workplaces and workers to be put under
the responsibility of an occupational physician commissioned
pursuant to paragraph (2), and other necessary matters concerning
the appointment shall be determined by the Minister of Employment
Jul. 30, 2009>
Article 21 (Qualifications of Occupational Physician)
The qualifications of an occupational physician under Article
17 (2) of the Act shall be a medical doctor under the Medical
Services Act, who is an occupational and environmental medicine
specialist, a preventive medicine specialist or a person with
knowledge and experience in occupational health. <Amended by
Jul. 30, 2009>
Article 22 (Duties, etc. of Occupational Physician)
(1) The duties of an occupational physician under Article 17
Decree No. 22269, Jul. 12, 2010>
1. Review of the results of the health examination under
Article 43 of the Act and taking of health protection
measures for workers, such as work assignment and transfer,
working hour reduction, etc., on the basis of the results;
2. Investigation into the causes of workers’ health problems
and taking of medical measures to prevent recurrence of
such problems; and
3. Other matters concerning medical measures necessary for
maintenance and promotion of workers' health as determined
by the Minister of Employment and Labor
(2) An employer shall give an occupational physician the
authority necessary for performing the duties referred to in
paragraph (1).
Jul. 30, 2009>

Article 23 (Business Required to Designate General Safety and Health

Manager)
"Business prescribed by the Presidential Decree” in parts
other than each subparagraph of Article 18 (1) of the Act refers
to a business with 100 ordinarily employed workers or more
including the workers employed by its contractors and subcontractors
(50 workers or more in cases of ship and boat building, basic
metal product manufacturing and stone, sand and gravel quarrying)
and a construction business with a total construction cost of two
billion won or more including the construction cost of its contractors
and subcontractors: <Amended by Presidential Decree No. 23545,
Jan. 26, 2012 and Presidential Decree No. 25251, Mar. 12, 2014>
Jul. 30, 2009>
Article 24 (Duties, etc. of General Safety and Health Manager)
(1) The duties of a general safety and health manager under
Article 18 (3) of the Act shall be as follows: <Amended by
Presidential Decree No. 23545, Jan. 26, 2012 and Presidential Decree
No. 25251, Mar. 12, 2014>
1. Suspension and resumption of work under Article 26 of the
Act;
2. Safety and health measures in cases of contracted business
3. Supervision on the spending of occupational safety and
health management expenses by a contractor and consultation
and coordination among contractors on the use of the
expenses under Article 30 of the Act;
4. Check on whether machines, instruments, etc., subject to
safety certification and machines, instruments, etc., subject
to self safety check are used; and
5. Matters concerning the implementation of a risk assessment
under Article 41-2 of the Act.
(2) Articles 9 (3) and (4) shall apply mutatis mutandis to
general safety and health managers. In such cases, "safety and
▮▮ 833
health manager" shall be read as "general safety and health

manager" and "any paragraph of Article 13 (1) of the Act" as
"paragraph (1)". <Amended by Presidential Decree No. 25251, Mar.
12, 2014>
Jul. 30, 2009>
Article 25 (Businesses Required to Establish Occupational Safety
and Health Committee)
Businesses required to establish and operate an occupational
safety and health committee pursuant to Article 19 (8) shall be
as specified in Table 6-2: <Amended by Presidential Decree No.
22269, Jul. 12, 2010 and Presidential Decree No. 24684, Aug. 6, 2013>
1. Deleted. <Presidential Decree No. 24684, Aug. 6, 2013>
2. Deleted. <Presidential Decree No. 24684, Aug. 6, 2013>
Jul. 30, 2009>
Article 25-2 (Composition of Occupational Safety and Health Committee)
(1) The worker members of an occupational safety and health
committee shall consist of those described in the following
subparagraphs:
1. The representative of workers (if there is a trade union
representing a majority of workers, the representative of
the trade union, and if there is no such union, the person
representing a majority of workers, or if a labor organization
associated with the trade union of the workplace consists
of a majority of workers of the workplace, the person
representing such labor organization regardless of its
name, such as chapter, subchapter, etc.; hereinafter the same
shall apply.);
2. In the case of workplaces where an honorary occupational
safety inspector (hereinafter referred to as “honorary inspector”)
is appointed pursuant to Article 61-2 of the Act, one or
more honorary occupational safety inspectors designated
by the worker representative;
3. Nine or fewer workers of the workplace concerned, who
are designated by the worker representative (If an honorary
inspector is designated as a worker member, it refers to
the number of workers excluding such a worker member).
(2) The employer members shall consist of those described
in the following subparagraphs: Provided that in cases of a
workplace ordinarily employing 50 workers or more but fewer

than 100 workers, those falling under subparagraph 5 may be

excluded: <Amended by Presidential Decree No. 24684, Aug. 6, 2013
1. The representative of the business concerned (If a workplace
of the same business is located in a different place, the
head of the workplace; hereinafter the same shall apply);
2. One safety manager (limited to workplaces where a safety
manager shall be assigned pursuant to Article 12 (1), and
in cases of a workplace entrusting the duties of a safety
manager to a specialized institution for safety management,
the person of the specialized institution in charge of the
workplace concerned);
3. One health manager (limited to workplaces where a
health manager shall be assigned pursuant to Article 16
(1), and in cases of a workplace entrusting the duties of
a health manager to a specialized institution for health
management, the person of the specialized institution in
charge of the workplace concerned);
4. Occupational physician (limited to cases where such a
person is appointed in the workplace concerned);
5. Nine or fewer heads of department designated by the
representative of the business.
(3) Notwithstanding paragraphs (1) and (2), if the employer
of a construction business conducts part of his/her business
through contract and organizes a consultative body on safety
and health pursuant to Article 29 (2) 1 of the Act, an occupational
safety and health committee, including those described in the
following subparagraphs, may be organized within the consultative
body: <Amended by Presidential Decree No. 23545, Jan. 26, 2012>
1. Safety manager who is an employer member;
2. Worker representative of the entire business including
contracted or subcontracted business, who is a worker
member, an honorary occupational safety inspector, and a
worker of the workplace concerned, who is designated by
the worker representative.
Jul. 30, 2009>
Article 25-3 (Chairman)
The chairman of an occupational safety and health committee
shall be appointed from among the members. In such case, two
co-chairmen may be elected each from among the worker members
and the employer members.
▮▮ 835

Jul. 30, 2009>
Article 25-4 (Meetings, etc.)
(1) The meetings of an occupational safety and health committee
shall be divided into regular and special meetings. A regular
meeting shall be convened every quarter by the chairman, while
a special meeting shall be convened when the chairman deems
it necessary. <Amended by Presidential Decree No. 23545, Jan. 26, 2012>
(2) The meetings shall be held with the attendance of a
majority of worker members and employer members, respectively,
and the decision shall be made with the approval of a majority
of members present.
(3) If the worker representative, the honorary occupational
safety inspector, the representative of the business concerned,
the safety manager or the health manager is unable to attend a
meeting, he/she may designate a person from among those engaged
in the business concerned to act as a member on his/her behalf.
(4) The occupational safety and health committee shall prepare
and keep minutes of meetings containing the following matters:
1. Date, time and place of the meeting;
2. Names of members present;
3. Details of deliberation and matters decided on and determined;
4. Other matters discussed
Jul. 30, 2009>
Article 25-5 (Handling of Matters, etc., Not Decided)
(1) In any of the following cases, an occupational safety and
health committee shall settle the issue through an arbitration
body set up in the committee under agreement between worker
members and employer members, or shall seek arbitration by a
third party:
1. Where the occupational safety and health committee is
not able to decide upon the matters prescribed in Article
19 (2) of the Act;
2. Where there are differences of opinion over the way a
decision by the occupational safety and health committee
is interpreted and implemented.
(2) If any arbitration decision is made pursuant to paragraph
(1), the issue shall be considered to undergo the decision-making
process of the occupational safety and health committee, and
the employer and workers concerned shall follow such decision.


Jul. 30, 2009>
Article 25-6 (Publicizing, etc. of Meeting Results)
The chairman of an occupational safety and health committee
shall promptly inform the workers of the meeting results, such
as the matters deliberated and decided on by the committee,
and the contents of arbitration decisions, through the company's
internal broadcasts, internal newsletters or regular morning meetings,
or other appropriate methods.
Jul. 30, 2009>
Article 26 (Prohibition of Contract and Safety and Health Measures
for Contracted Business)
(1) "Work prescribed by the Presidential Decree” in Article
28 (1) of the Act refers to work falling under any of the following
subparagraphs and part of whose process is contracted out in
the same workplace: <Amended by Presidential Decree No. 22061,
Feb. 24, 2010 and Presidential Decree No. 22269, Jul. 12, 2010>
1. The work of plating;
2. The work of refining, casting, processing and heating heavy
metals, such as mercury, lead, cadmium, etc;
3. The work of manufacturing and using substances for which
permission shall be obtained pursuant to Article 38 (1) of
the Act;
4. Other harmful or hazardous work determined by the Minister
of Employment and Labor after deliberation by the
Industrial Accident Compensation Insurance and Prevention
Deliberation Committee under Article 8 (1) of the Industrial
Accident Compensation Insurance Act (hereinafter referred
to as "Industrial Accident Compensation Insurance and
Prevention Deliberation Committee").
(2) "Business prescribed by the Presidential Decree” in the
part other than each subparagraph of Article 29 (1) of the Act
refers to businesses excluding those which employ only clerical
workers. <Amended by Presidential Decree No. 24684, Aug. 6, 2013>
(3) Equipment manufacturing, using, transporting or storing
chemicals or preparations containing chemicals under the latter
part of Article 29 (5) of the Act shall be the equipment prescribed
such as reactors, distillation columns, plumbing or storage tanks,
which manufactures, uses, transports or stores the harmful or
▮▮ 837
hazardous chemicals prescribed by the Ordinance of the Ministry

of Employment and Labor, such as explosive, combustible,
inflammable or toxic chemicals, or preparations containing such
chemicals. <Newly Inserted by Presidential Decree No. 25251, Mar.
12, 2014>
(4) Work harmful or hazardous to safety and health under
the latter part of Article 29 (5) of the Act shall be the work of
remodeling or dissembling any equipment specified in paragraph
(3) or work carried out inside such equipment. <Newly Inserted
Jul. 30, 2009>
Article 26-2 (Businesses Required to Establish Labor-Management
Consultative Body)
“Business which falls into the type and size prescribed by
the Presidential Decree” in Article 29-2 (1) of the Act refers to
a construction business whose construction work amounts to 12
billion won or more. (15 billion won or more in cases of civil
engineering work specified in Table 1 of the Enforcement
Decree of the Framework Act on the Construction Industry)
Jul. 30, 2009>
Article 26-3 (Composition of Labor-Management Consultative Body)
(1) The worker members of a labor-management consultative
body on safety and health under Article 29-2 (1) of the Act
(hereinafter referred to as “labor-management consultative body”)
shall be composed of those described in the following subparagraphs:
1. The workers' representative of the entire business, including
contracted or subcontracted business;
2. One honorary inspector designated by the workers' representative:
Provided that, if an honorary inspector is not appointed,
one worker of the workplace concerned designated by the
workers' representative;
3. The workers' representative of contracted or subcontracted
business whose construction work amounts to two billion
won or more.
(2) The employer members shall be composed of those described
in the following subparagraphs:
1. The representative of the business concerned;
2. One safety manager;
3. The employer of contracted or subcontracted business whose

construction work amounts to two billion won or more.

(3) The worker members and employer members of a labor-
management consultative body may appoint the employer and
the workers' representative of contracted or subcontracted business
whose construction work amounts to less than two billion won
as its member.
Jul. 30, 2009>
Article 26-4 (Operation, etc. of Labor-Management Consultative Body)
(1) The meetings of a labor-management consultative body
shall be divided into regular meetings and special meetings: a
regular meeting shall be convened by the chairman of the
labor- management consultative body (hereinafter referred to as
“chairman” in this Article) every two months, and a special
meeting shall be convened when it is deemed necessary by the
chairman.
(2) Articles 25-3, 25-4 (2) through (4), 25-5 and 25-6 shall
apply mutatis mutandis to the election of the chairman,
meetings of a labor-management consultative body, the method
of dealing with matters not decided by a labor-management
consultative body, the notification of meeting results, etc.
Jul. 30, 2009>
Article 26-5 (Structures Subject to Requests for Design Change
and Scope of Experts)
(1) Cases deemed to have a high risk of industrial accidents
under the latter part of Article 29-3 (1) of the Act shall be
cases where when any of the following structures is installed or
used, there is a high risk of industrial accidents involving the
structure concerned, such as collapse or high-altitude fall:
1. Scaffolds 31 meters or more in height;
2. Forms with a built-in working platform or formwork shores
6 meters or more in height;
3. Tunnel supports or earth supports 2 meters in height; and
4. Power-driven temporary structures.
(2) Experts from whom a contractor shall hear opinions
under the latter part of Article 29-3 (1) of the Act shall be the
Korea Occupational Safety and Health Agency under the Act on
the Korea Occupational Safety and Health Agency (hereinafter
referred to as "the Agency") or any of the following persons
who is not employed by the contractor concerned:
▮▮ 839
1. A professional engineer for architectural structures under

the National Technical Qualifications Act (excluding civil
engineering work and structures under paragraph (1) 3);
2. A professional engineer for civil engineering structures
under the National Technical Qualifications Act (limited
to civil engineering work);
3. A professional engineer for soil mechanics foundation under
the National Technical Qualifications Act (limited to structures
under paragraph (1) 3); and
4. A professional engineer for construction equipment under
the National Technical Qualifications Act (limited to
structures under paragraph (1) 4).
Mar. 12, 2014>
Article 26-6 (Businesses Required to Appropriate Occupational Safety
and Health Management Expenses)
“Businesses designated by the Presidential Decree” in Article
30 (1) of the Act refers to harmful or hazardous businesses
determined by the Minister of Employment and Labor after
deliberation by the Industrial Accident Compensation Insurance
and Prevention Deliberation Committee. <Amended by Presidential
Decree No. 22269, Jul. 12, 2010>
Jul. 30, 2009>
Providing Guidance on Accident Prevention)
under Article 30-2 (1) of the Act (hereinafter referred to as
“specialized institution providing guidance on accident prevention”),
a person shall fall under any of the following subparagraphs
and have the manpower, facilities and equipment prescribed by
1. An occupational safety consultant registered under Article
52-4 of the Act (limited to occupational safety consultants
in the area of electrical safety or construction safety); and
2. A juristic person who intends to engage in accident
prevention work.
Jan. 26, 2012>

Article 26-8 (Guidance Criteria of Specialized Institution Providing

Guidance on Accident Prevention)
A specialized institution providing guidance on accident
prevention shall provide guidance on accident prevention in
accordance with the criteria prescribed by the Ordinance of the
Ministry of Employment and Labor, such as the type and size
of business, construction costs, etc. <Amended by Presidential
Decree No. 22269, Jul. 12, 2010>
Jul. 30, 2009>
Article 15-3 and Articles 15-5 through 15-7 shall apply mutatis
mutandis to specialized institutions providing guidance on
accident prevention.
Jul. 30, 2009>
Article 26-10 (Specialized Institutions Entrusted with Safety and
Health Education and Requirements Therefor)
"Institution prescribed by the Presidential Decree” in Article
31 (5) of the Act refers to any of the following institutions:
<Amended by Presidential Decree No. 24684, Aug. 6, 2013 and
1. An institution which registers itself with the Minister of
Employment and Labor under Article 32 (3) of the Act;
2. A non-profit corporation or an institution falling under
Article 47 (2) 2, which has the manpower, facilities and
equipment specified in Table 6-3;
3. The Agency;
4. A vocational skills development training facility designated
to provide training in occupational areas relating to
occupational safety and health pursuant to Article 28 of
the Workers Vocational Skills Development Act;
5. A school under Article 2 of the Higher Education Act,
which has a department relating to occupational safety
and health.
Jan. 26, 2012>
Article 26-11 (Requirements for Registration of Institutions That
Intend to Provide Basic Safety and Health Education
in Construction Industry)
▮▮ 841
"Requirements, such as the manpower, facilities and

equipment prescribed by the Presidential Decree" in Article 31-2
(1) of the Act means that an institution shall fall under any of
the following subparagraphs and have the manpower, facilities
and equipment specified in Table 6-4: <Amended by Presidential
Decree No. 24684, Aug. 6, 2013>
1. A juristic person which intends to provide basic safety
and health education in the construction industry; and
2. A school under Article 2 of the Higher Education Act,
which has a department relating to occupational safety
and health.
Jan. 26, 2012>
Article 26-12 (Application, etc., for Registration of Institutions That
Intend to Provide Basic Safety and Health Education
(1) An institution which intends to be registered pursuant to
Article 31-2 (1) of the Act shall submit an application for
registration to the Minister of Employment and Labor, as
Labor.
(2) If an institution registered pursuant to paragraph (1) intends
to modify registered matters shall submit an application for
modification to the Minister of Employment and Labor, as
Labor.
Jan. 26, 2012>
Article 26-13 (Reasons for Revocation of Registration of Institutions
That Provide Basic Safety and Health Education in
Construction Industry)
Decree" in Article 15-2 (1) 5 of the Act which shall apply
mutatis mutandis to institutions registered under Article 31-2 (1)
of the Act pursuant to Article 32-3 of the Act refers to the
following cases:
1. Where the institution refuses to conduct education without
any justifiable reason;
2. Where the institution falsely makes any document relating
to education;
3. Where the institution receives fees without conducting

education; and
4. Where the institution violates the time, contents and
methods of education under Article 31-2 (3) of the Act.
Jan. 26, 2012>
Article 26-14 (Requirements for Registration of Institutions Entrusted
with Job Competency Education)
An institution eligible to be entrusted with job competency
education pursuant to Article 32 (3) of the Act shall be any of
the following institutions: <Amended by Presidential Decree No.
24684, Aug. 6, 2013>
1. The Agency;
2. An institution which falls under any of the following items
and has the manpower, facilities and equipment specified
in Table 6-5:
A. A school under Article 2 of the Higher Education Act,
which has a department relating to occupational safety and
health; and
B. A non-profit corporation.
Jan. 26, 2012>
Articles 26-12 and 26-13 shall apply mutatis mutandis to
institutions registered with the Minister of Employment and
Labor pursuant to Article 32 (3) of the Act. In such case, "Article
31-2 (1) of the Act" shall be read as "Article 32 (3) of the Act"
and "Article 31-2 (3) of the Act" as "Article 32 (4) of the Act".
Jan. 26, 2012>
Article 27 (Harmful or Hazardous Machines, Instruments, etc.,
Requiring Protective Measures)
(1) Machines and instruments which shall not be transferred,
leased, installed, provided for use or displayed for the purpose
of transfer or lease without taking protective measures to prevent
harm and hazards pursuant to Article 33 (1) of the Act shall be
as specified in Table 7. <Amended by Presidential Decree No.
25251, Mar. 12, 2014>
(2) Machines, instruments, equipment, and buildings for which
the necessary measures for prevention of harm and hazards
▮▮ 843
Labor shall be taken pursuant to Article 33 (3) of the Act shall

be as specified in Table 8. <Amended by Presidential Decree No.
22269, Jul. 12, 2010 and Presidential Decree No. 25251, Mar. 12, 2014>
Jul. 30, 2009>
Article 28 (Machines, Instruments, etc., Subject to Safety Certification)
(1) “Things prescribed by the Presidential Decree” in Article
34 (2) of the Act shall be as follows: <Amended by Presidential
Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 23545, Jan.
26, 2012; and Presidential Decree No. 25251, Mar. 12, 2014>
1. Machines, instruments and equipment described in the
following items:
A. Presses;
B. Shearing machines and bending machines;
C. Cranes;
D. Lifts;
E. Pressure vessels;
F. Rollers;
G. Injection molding machines;
H. Aerial work platforms;
I. Gondolas;
J. Sawing machines (limited to movable ones)
2. Protective devices described in the following items:
A. Protective devices for presses and shearing machines;
B. Over load limiters for hoisting machines;
C. Pressure relief valves for boilers;
D. Pressure relief valves for pressure vessels;
E. Rupture disks for pressure vessels;
F. Insulation devices and apparatuses for live line work;
G. Explosion-proof electrical machines, apparatuses and parts;
H. Temporary equipment and materials needed to protect
against the risk of fall, drop, collapse, etc., and determined
3. Protective equipment described in the following items:
A. Safety helmet to protect against the risk of fall or
electrification;
B. Safety shoes;
C. Safety gloves;
D. Anti-dust masks;
E. Gas masks;
F. Air-supplied respirators;
G. Powered air-purifying respirators;

H. Protective clothes;
I. Safety belts;
J. Protective goggles to block light and protect against
flying debris;
K. Face shields for welding;
L. Ear plugs or ear muffs for sound proofing
(2) The detailed types, sizes and forms of machines, instruments,
etc., subject to safety certification under paragraph (1) shall be
Jul. 30, 2009>
Mar. 12, 2014>
Article 28-2 (Requirements for Designation of Safety Certification
Institutions)
An institution which can be designated as a safety certification
institution pursuant to Article 34-5 (1) shall be an institution
falling under any of the following subparagraphs:
1. The Agency;
2. An institution which falls under any of the following items
and has the manpower, facilities and equipment prescribed
A. A non-profit corporation established for the purpose of
occupational safety and health or industrial accident
prevention;
B. A public institution under the Act on the Management of
Public Institutions, which is established for the purpose of
certification and testing of machines, instruments, equipment,
etc., research and development, education and assessment
of production technologies, etc.
Jan. 26, 2012>
Article 28-3 (Application, etc. for Designation of Safety Certification
Institutions)
(1) A person who intends to be designated as a safety
certification institution pursuant to Article 28-2 shall submit an
application for designation as a safety certification institution to
the Minister of Employment and Labor, as prescribed by the
▮▮ 845
(2) If a safety certification institution intends to modify

designated matters, it shall submit an application for modification
of a safety certification institution to the Minister of Employment
Jan. 26, 2012>
Article 28-4 (Reasons for Revocation, etc., of Designation of Safety
Certification Institutions)
Decree" in Article 15-2 (1) 5 of the Act applied mutatis mutandis
under Article 34-5 (4) of the Act refers to the following cases:
1. Where the institution violates the method of and procedure
for safety certification and check under Article 34 (8) of
the Act;
2. Where the institution refuses, obstructs and evades guidance
and inspection by the Minister of Employment and Labor
3. Where the institution refuses to conduct safety certification
without any justifiable reason; and
4. Where the institution neglects to conduct safety certification
or causes any delay therein.
Jan. 26, 2012>
Article 28-5 (Machines, Instruments, etc., Subject to Self Safety Check)
(1) “Things prescribed by the Presidential Decree” in Article
35 (1) of the Act shall be as follows:
1. Machines, instruments and equipment described in the
following items:
A. Grinding machines or polishing machines (excluding
portable ones);
B. Industrial robots;
C. Mixers;
D. Shredders or crushers;
E. Food processing machines (limited to shredding, cutting,
mixing and noodle-making machines);
F. Conveyors;
G. Lifts for auto repair;
H. Machine tools (limited to lathes, drilling tools, planning
and shaping tools and milling tools);
I. Fixed woodworking machines (limited to circular saws,

planers, routers, band saws and chamfering machines);

J. Printers;
K. Air chambers
2. Protective devices described in the following items:
A. Safety devices for acetylene or mixed gas welding
equipment;
B. Automatic electric shock prevention apparatuses for
alternate current arc welders;
C. Quick stop devices for rollers;
D. Covers for grinding machines;
E. Reaction proof devices and blade guards for wood
working circular saws;
F. Knife guards for power-driven hand-operated planers;
G. Safety mats for industrial robots;
H. Temporary equipment and materials (excluding the
temporary equipment and materials under Article 28
(1) 2 H) needed to protect against the risk of fall,
drop, collapse, etc., and determined and announced by
the Minister of Employment and Labor
3. Protective equipment described in the following items:
A. Safety helmets (excluding the safety helmets under
Article 28 (1) 3 A);
B. Protective goggles (excluding the protective goggles
under Article 28 (1) 3 J);
C. Face shields (excluding the face shields under Article
28 (1) 3 K);
D. Diving apparatus (including diving helmets and masks)
(2) The detailed types, sizes and forms of machines, instruments,
etc., subject to self safety check under paragraph (1) shall be
Labor.
Jan. 26, 2012>
Article 28-6 (Harmful or Hazardous Machines, etc., Subject to Safety
Inspection)
(1) “Things prescribed by the Presidential Decree” in the
former parts of Article 36 (1) of the Act shall be as follows:
1. Presses;
2. Shearing machines;
3. Cranes (excluding movable cranes and hoists with a rated
load of less than two tons);
▮▮ 847
4. Lifts;
5. Pressure vessels;
6. Gondolas;
7. Local exhaust ventilation systems (excluding movable ones)
8. Centrifugal machines (limited to those for industrial use)
9. Chemical equipment and related accessories;
10. Drying equipment and related accessories;
11. Rollers (excluding closed-type ones);
12. Injection molding machines (excluding those with cramping
force of less than 294 killo newtons)
(2) The detailed types, sizes and forms of harmful or
hazardous machines, etc., subject to safety inspection under
Article 36 (1) of the Act shall be determined and announced by
Decree No. 22269, Jul. 12, 2010>
Jul. 30, 2009>
Article 28-7 (Requirements, Procedures, etc. for Designation of
Safety Inspection Institutions)
Articles 28-2 and 28-3 shall apply mutatis mutandis with
regard to requirements and procedures for designation of safety
inspection institutions under Article 36 (5) of the Act. In such
case, "safety certification institution" shall be read as "safety
inspection institution".
Jan. 26, 2012>
Article 28-8 (Reasons for Revocation, etc., of Designation of Safety
Inspection Institutions)
Article 28-4 shall apply mutatis mutandis with regard to
reasons for revocation, etc. of designation of safety inspection
institutions under Article 15-2 of the Act applied mutatis
mutandis under Article 36 (10) of the Act. In such case, "safety
certification institution" shall be read as "safety inspection
institution" and "safety certification" as "safety inspection".
Jan. 26, 2012>
Article 28-9 (Reasons for Revocation, etc., of Designation of
Designated Inspection Institutions)
(1) "Reasons prescribed by the Presidential Decree" in Article
15-2 (1) 5 of the Act applied mutatis mutandis under Article

36-2 (7) of the Act refers to the following reasons: <Amended by

Presidential Decree No. 23545, Jan. 26, 2012 and Presidential Decree
No. 25251, Mar. 12, 2014>
1. Where the designated inspection institution receives
entrustment fees without carrying out inspection work;
2. Where the designated inspection institution falsely makes
any document relating to inspection;
3. Where the designated inspection institution refuses to
accept the entrustment of inspection work without any
justifiable reason;
4. Where the designated inspection institution leaves out any
item to be inspected or fails to observe the inspection
method;
5. Where the designated inspection institution fails to comply
with the standards for judging inspection results or to present
opinions on safety measures based on inspection results.
Jul. 30, 2009>
Article 29 (Harmful Substances Prohibited from Being Manufactured,
etc.)
Harmful substances prohibited from being manufactured,
imported, transferred, supplied or used under Article 37 (1) of
the Act shall be as follows: <Amended by Presidential Decree No.
1. Yellow phosphorous match;
2. Paint containing white lead(excluding those whose volume
ratio of white lead is less than two percent);
3. Polychlorinated terphenyl (PCT);
4. 4-Nitrodiphenyl and its salts;
5. Actinolite asbestos, anthophyllite asbestos and tremolite
asbestos;
6. Beta-naphthylamine and its salts;
7. Crocidolite asbestos and amosite asbestos;
8. Rubber glue containing benzene (excluding those whose
volume ratio of benzene is five percent or less);
9. Preparations containing any of the substances prescribed
in any of subparagraphs 3 through 7 (excluding preparations,
in which the weight ratio of such substances is one percent
or less);
10. Substances prohibited from being manufactured, imported,
sold, kept and stored, transported or used pursuant to
Article 32 of the Toxic Chemicals Control Act;
▮▮ 849
11. Other substances determined harmful to health by the

Minister of Employment and Labor after deliberation by
the Industrial Accident Compensation Insurance and
Prevention Deliberation Committee.
Jul. 30, 2009>
Article 30 (Harmful Substances Requiring Permission)
Harmful substances subject to advance permission for
manufacturing and use pursuant to Article 38 (1) of the Act
shall be as follows: <Amended by Presidential Decree No. 22061,
Feb. 24, 2010, Presidential Decree No. 22269, Jul. 12, 2010, and
1. Dichlorobenzidine and its salts;
2. α-Naphthylamine and its salts;
3. Zinc chromates;
4. Ortho-Tolidine and its salts;
5. Dianisidine and its salts;
6. Beryllium;
7. Arsenic and its inorganic compound;
8. Chromite ore (limited to the case where it is treated with
heat)
9. Coal tar pitch volatiles;
10. Nickel sulfide;
11. Vinyl chloride;
12. Benzotrichloride; and
13. Chrysotile;
14. Preparations containing any of the substances prescribed
in subparagraphs 1 through 11 and subparagraph 13
(excluding preparations, in which the weight ratio of
such substances is one percent or less);
15. Preparations containing the substance prescribed in
subparagraph 12 (excluding preparations, in which the
weight ratio of Benzotrichloride is 0.5 percent or less); and
16. Other harmful substances determined by the Minister of
Employment and Labor as harmful to health after
deliberation by the Industrial Accident Compensation
Insurance and Prevention Deliberation Committee.
Jul. 30, 2009>
Article 30-2 (Application for Permission for Manufacturing, etc. of
Harmful Substances)

A person who intends to obtain permission for the

manufacturing or use of the harmful substances prescribed in
each subparagraph of Article 30 in accordance with Article 38
(1) of the Act shall submit an application for permission for the
manufacturing or use of such harmful substances, as prescribed
Jul. 30, 2009>
Article 30-3 (Those Subject to Institutional Asbestos Investigation)
(1) "Structures or facilities whose size is equal to or larger
than that prescribed by the Presidential Decree” in Article 28-2
(2) of the Act refers to any of the following structures or
facilities: <Amended by Presidential Decree No. 22269, Jul. 12, 2010
1. Structures (excluding the houses referred to in subparagraph
2; hereinafter the same shall apply) with a total floor area
of 50 square meters or larger, if their total area to be
demolished or dismantled is 50 square meters or larger;
2. Houses (including the annex buildings prescribed in
subparagraph 12 of Article 2 of the Enforcement Decree
of the Building Act) with a total floor area of 200 square
meters or larger, if their total area to be demolished or
dismantled is 200 square meters or larger;
3. Any of the following materials (including substances;
hereinafter the same shall apply) used for the part of a
facility to be demolished or dismantled, if its total size or
volume used is not less than 15 square meters or one
cubic meter:
A. Insulation materials;
B. Thermal insulation materials;
C. Spraying materials;
D. Fireproof materials;
E. Gasket;
F. Packing materials;
G. Sealing materials;
H. Other materials similar in usage to the materials
prescribed in any of items A through G and determined
4. Pipes 80 meters or longer if their total length used as a
thermal insulation material for the part to be demolished
or dismantled is 80 meters or longer
▮▮ 851
(2) “Reasons prescribed by the Presidential Decree, such as

cases where asbestos is obviously included” in the proviso to
Article 38-2 (2) of the Act shall be as follows: <Amended by
1. Where materials used for the part of a structure or
facility to be demolished or dismantled are clearly recognized
as not containing asbestos by related documents, such as
plan books, material history, etc.; and
2. Where a material containing more than one percent
asbestos (weight percentage) is clearly recognized as being
used for the part of a structure or facility to be demolished
or dismantled.
Jul. 30, 2009>
Article 30-4 (Requirements for Designation of Asbestos Investigation
Institutions)
(1) A person who can be designated as an asbestos investigation
institution pursuant to Article 38-2 (6) of the Act shall be
limited to any of the following persons who have the professional
workforce, such as industrial hygiene engineers and air pollution
control engineers, and all facilities and equipment, such as
sampling pumps and polarized microscopes, required to conduct
asbestos investigations, and are judged fit for conducting
asbestos investigations according to an asbestos investigation
ability evaluation conducted by the Minister of Employment and
Labor pursuant to paragraph (5) of the same Article: <Amended
Decree No. 23545, Jan. 26, 2012>
2. A general hospital or a hospital under the Medical Services
Act;
3. A university or its subsidiary under subparagraphs 1
through 6 of Article 2 of the Higher Education Act; and
4. A corporation which intends to engage in conducting
asbestos investigations.
(2) Specific matters concerning the professional workforce,
facilities and equipment of asbestos investigation institutions
Decree No. 22269, Jul. 12, 2010>
Jul. 30, 2009>

Article 30-5 (Application, etc., for Designation of Asbestos Investigation

Institutions)
(1) A person who intends to be designated as an asbestos
investigation institution pursuant to Article 38-2 (6) of the Act
shall submit an application for designation as an asbestos
investigation institution to the Minister of Employment and
Labor, as prescribed by the Ordinance of the Ministry of
22269, Jul. 12, 2010 and Presidential Decree No. 23545, Jan. 26, 2012>
(2) If an asbestos investigation institution intends to modify
designated matters, it shall submit an application for modification
of an asbestos investigation institution to the Minister of Employment
22269, Jul. 12, 2010>
Jul. 30, 2009>
Article 30-6 (Reasons for Revocation, etc., of Designation of Asbestos
Investigation Institutions)
“Cases where there is any reason prescribed by the Presidential
Decree” in Article 15-2 (1) 5 of the Act applied mutatis mutandis
under Article 38-2 (7) of the Act refers to the following cases:
1. Where the asbestos investigation institution refuses to
conduct an asbestos investigation without any justifiable
reason;
2. Where the asbestos investigation institution falsely makes
any document relating to institutional asbestos investigation
under Article 38-2 (2) of the Act;
3. Where the asbestos investigation institution fails to receive
an asbestos investigation ability evaluation conducted by
the Minister of Employment and Labor pursuant to Article
38-2 (5) of the Act or is judged unfit;
4. Where the asbestos investigation institution violates the
investigation method and other necessary matters prescribed
Labor pursuant to Article 38-2 (6) of the Act;
5. Where the asbestos investigation institution has a person
who does not meet the workforce criteria under Article
30-4 conduct an asbestos investigation;
▮▮ 853
6. Where the asbestos investigation institution has a person

who does not have the qualifications under Article 38-5
(2) of the Act measure asbestos concentration;
7. Where the asbestos investigation institution violates the
method of measuring asbestos concentration under Article
38-5 (2) of the Act; and
8. Where the asbestos investigation institution refuses,
interferes with or evades guidance or inspection provided
by relevant public officials.
Jul. 30, 2009>
Article 30-7 (Cases Subject to Asbestos Disposal or Removal by
Asbestos Disposal or Removal Service Provider)
(1) “Cases where asbestos is contained in quantity and size
not less than what is prescribed by the Presidential Decree” in
Article 38-4 (1) of the Act refers to the following cases:
1. Where the wall, floor, ceiling and roof materials, etc., to
be demolished or dismantled contain more than one
percent asbestos (weight percentage) and their total size is
50 square meters or larger;
2. Where spraying or fireproof materials containing more
than one percent asbestos (weight percentage) are used;
3. Where materials described in any item of Article 30-3 (1)
3 (excluding spraying and fireproof materials) and containing
more than one percent asbestos (weight percentage) are
used and their total size or volume is not less than 15
square meters or one cubic meter; and
4. Where the thermal insulation materials used for pipes
contain more than one percent asbestos (weight percentage)
and their total length is 80 meters or longer.
(2) “Cases where there is any of the reasons prescribed by
the Presidential Decree, such as where the demolisher or
dismantler of structures, etc., has capabilities equal to those of
an asbestos disposal or removal service provider in terms of
manpower, equipment, etc.” in the proviso to Article 38-4 (1) of
the Act refers to cases where a person who intends to dispose
of and remove asbestos on his/her own has the manpower,
facilities and equipment required for the registration prescribed
in Article 30-8 and make the report referred to in Article 38-4
(3) of the Act, including documents proving this.
Jul. 30, 2009>

Article 30-8 (Requirements for Registration of Asbestos Disposal

or Removal Service Providers)
(1) A person who intends to be registered as an asbestos
disposal or removal service provider shall have professional
workforce necessary for asbestos disposal and removal, such as
construction engineers in the fields of civil engineering and
construction, and facilities and equipment for the safe disposal
and removal of asbestos, such as negative pressure systems and
hygiene facilities.
(2) Specific requirements for registration of asbestos disposal
or removal service providers under paragraph (1) shall be
Jul. 30, 2009>
Article 30-9 (Application, etc., for Registration of Asbestos Disposal
or Removal Service Providers)
(1) A person who intends to be registered as an asbestos
disposal or removal service provider shall submit an application
for registration as an asbestos disposal or removal service
provider to the Minister of Employment and Labor, as
(2) If an asbestos disposal or removal service provider
intends to modify registered matters, it shall submit an
application for modification of an asbestos disposal or removal
service provider to the Minister of Employment and Labor, as
Jul. 30, 2009>
Article 30-10 (Reasons for Revocation, etc., of Registration of Asbestos
Disposal or Removal Service Providers)
“Cases where there is any reason prescribed by the
Presidential Decree” in Article 15-2 (1) 5 of the Act applied
mutatis mutandis under Article 38-4 (6) of the Act refers to the
following cases: <Amended by Presidential Decree No. 22269, Jul.
12, 2010 and Presdiential Decree No. 23545, Jan. 26, 2012>
1. Where the asbestos disposal or removal service provider
has been sentenced to a fine or imprisonment without
▮▮ 855
prison labor or heavier punishment for failing to observe

the criteria for asbestos disposal or removal work prescribed
Labor pursuant to Article 38-3 of the Act;
prepares the documents referred to in Article 38-4 (3) of
the Act in a false or other fraudulent ways;
fails to fulfill the obligation to make a report (excluding
reports on modification) or preserve documents under
Article 38-4 (3) of the Act;
refuses, interferes with or evades guidance or inspection
provided by relevant public officials.
Jul. 30, 2009>
Article 31 (Harmful Agents Required to Be Kept Below Permission
Levels)
“Harmful agents prescribed by the Presidential Decree,
which could cause serious health problems to workers, such as
carcinogens” in Article 39-2 (1) of the Act shall be as follows:
1. Lead and its inorganic compounds;
2. Nickel (limited to insoluble inorganic compounds);
3. Dimethylformamide;
4. Benzene;
5. 2-bromopropane;
6. Asbestos (limited to cases where it is manufactured or used);
7. Hexavalent chromium compounds;
8. Carbon disulfide;
9. Cadmium and its compounds;
10. Toluene-2,4-diisocyanate;
11. Trichloroethylene;
12. Formaldehyde;
13. Normal hexane
Jul. 30, 2009>
Article 32 (Chemicals Excluded from Harm and Hazard Evaluation)
“Chemicals prescribed by the Presidential Decree” in Article
40 (1) of the Act means any of the following chemicals:
1. Elements;

2. Naturally produced chemicals;

3. Radioactive substances;
4. Substances whose names have been publicly announced
by the Minister of Employment and Labor pursuant to
5. Substances included in the list of chemicals announced by
the Minister of Employment and Labor in consultation
with the Minister of Environment; and
Jul. 30, 2009>
Article 32-2 (Preparations Excluded from Preparation, Keeping, etc.,
of Material Safety Data Sheet)
“Preparations prescribed by the Presidential Decree” in the
former part other than each subparagraph of Article 41 (1) of
the Act refers to any of the following preparations: <Amended
by Presidential Decree No. 22269, Jul. 12, 2010, Presidential Decree
No. 23248, Oct. 25, 2011, Presidential Decree No. 23545, Jan. 26,
2012 and Presidential Decree No. 23845, Jun. 7, 2012>
1. Radioactive substances under the Atomic Energy Safety Act;
2. Medicines and non-pharmaceutical drugs under the
Pharmaceutical Affairs Act;
3. Cosmetics under the Cosmetics Act;
4. Narcotics and psychotropic drugs under the Act on the
Control of Narcotics, etc.;
5. Agriculture chemicals under the Agrochemicals Control Act;
6. Feeds under the Control of Livestock and Fish Feeds Act;
7. Fertilizers under the Fertilizers Control Act;
8. Foods and Food Additives under the Food Sanitation Act;
9. Explosives under the Control of Firearms, Swords, Explosives,
etc. Act;
10. Wastes under the Wastes Control Act;
11. Preparations other than those prescribed in subparagraphs
1 through 10, and provided mainly for everyday use by
general consumers; and
12. Other preparations announced by the Minister of Employment
and Labor as the degree of hazard caused by their
toxicity, explosiveness, etc., is considered to be small.
Jul. 30, 2009>
Article 32-3 (Types, etc. of Designated Monitoring Institutions)
The types of designated monitoring institutions prescribed in
▮▮ 857
Article 42 (7) of the Act and the scope of workplaces whose

work environments can be monitored by each type of
designated monitoring institutions shall be as follows:
1. A monitoring institution entrusted by a workplace: the
workplace entrusted;
2. A workplace's own monitoring institution: the workplace
concerned (including the workplaces of their affiliated
companies) or if part of its business is conducted under a
contract within the same workplace, the workplace of its
contractor
Jul. 30, 2009>
Article 32-4 (Requirements for Designation of Designated Monitoring
Institutions)
(1) A person who can be designated as a workplace-entrusted
monitoring institution under subparagraph 1 of Article 32-3
shall be limited to any of the following persons:
2. A general hospital or a hospital under the Medical Service
Act;
3. A university or its subsidiary under subparagraphs 1 through
6 of Article 2 of the Higher Education Act;
4. A corporation which intends to provide work environment
monitoring services
(2) A person who can be designated as a workplace's own
monitoring institution under subparagraph 2 of Article 32-3
shall be limited to any institution affiliated with any workplace
subject to work environment monitoring pursuant to Article 42
(1) of the Act.
(3) A person who intends to be designated as a designated
monitoring institution shall have the manpower, facilities,
equipment, etc., prescribed by the Ordinance of the Ministry of
Employment and Labor according to the types of designated
monitoring institutions under Article 32-3. <Amended by Presidential
Decree No. 22269, Jul. 12, 2010>
Jul. 30, 2009>
Article 32-5 (Application, etc., for Designation of Designated Monitoring
Institutions)
(1) A person which intends to be designated as a designated
monitoring institution pursuant to Article 42 (4) of the Act shall

submit an application for designation as a designated monitoring

institution to the Minister of Employment and Labor, as prescribed
by the Ordinance of the Ministry of Employment and Labor
after being judged fit as a result of an assessment of the work
environment monitoring and analysis ability made by the
Minister of Employment and Labor pursuant to Article 42 (8) of
(2) Article 15-3 (2) shall apply mutatis mutandis to the
modification of designated matters by designated monitoring
institutions.
Jul. 30, 2009>
Article 32-6 (Reasons for Revocation, etc., of Designation of Designated
Monitoring Institutions)
under Article 42 (10) of the Act refers to the following cases:
1. Where the institution refuses to carry out work environment
monitoring without any justifiable reason;
2. Where the institution falsely makes any document relating
to work environment monitoring;
3. Where the institution violates the work environment
monitoring methods, etc. prescribed by the Ordinance of
the Ministry of Employment and Labor pursuant to Article
42 (2) of the Act;
4. Where the institution causes any delay in the work
environment monitoring entrusted to it;
5. Where the institution is judged unfit as a result of an
assessment of the work environment monitoring and
analysis ability of a designated monitoring institution made
Article 42 (8) of the Act; and
6. Where the institution violates the Act or any order under
the Act.
Jul. 30, 2009>
Article 32-7 (Reasons for Revocation, etc. of Designation of Health
Examination Institutions)
▮▮ 859

under Article 43 (11) of the Act refers to the following cases:
1. Where the health examination institution omits any
examination item prescribed by the Ordinance of the
Ministry of Employment and Labor or fails to observe the
examination methods and procedures when conducting a
health examination;
2. Where the health examination institution induces health
examinations, such as by reducing health examination
charges prescribed by the Ordinance of the Ministry of
Employment and Labor or unfairly collects health examination
charges;
3. Where the health examination institution is judged unfit
as a result of a health examination and analysis ability
assessment for health examination institutions conducted
4. Where the health examination institution makes a false
judgement on the results of a health examination or makes
a false entry in the individual health examination table
and Labor;
5. Where an unqualified person or a person who does not
meet the criteria for designation of health examination
institutions prescribed by the Ordinance of the Ministry
of Employment and Labor conducts a health examination;
6. Where the health examination institution refuses to
conduct or stops conducting health examinations without
any justifiable reason; and
7. Other cases where the health examination institution
violates the Act or any order under the Act
Jul. 30, 2009>
Article 32-8 (Restriction, etc., on Working Hours for Harmful or
Hazardous Work)
(1) Work for which the number of working hours is
restricted pursuant to Article 46 of the Act means work carried
out under a high atmospheric pressure, such as work in a
caisson or under water.
(2) With regard to the work referred to in paragraph (1),

matters necessary for maintaining the safety and health of the

workers concerned, including hours of work in a caisson or
under water, and method of increasing or decreasing pressure,
22269, Jul. 12, 2010>
(3) With regard to harmful or hazardous work falling under
any of the following subparagraphs, an employer shall take
measures to protect the health of the workers concerned by
allocating working and break hours properly and improving
other working conditions relating to working hours, on top of
the harm and hazard prevention measures referred to in
Articles 23 and 24 of the Act: <Amended by Presidential Decree
No. 22269, Jul. 12, 2010>
1. Work conducted inside mining pits;
2. Work of handling intensely heated materials in large
quantities and work conducted in very hot or heated places;
3. Work of handling low-temperature materials and work
conducted in very cold or frozen places;
4. Work of handling radium rays, X-rays, and other harmful
radioactive rays;
5. Work conducted in places where a considerable amount
of dust is flying from glass, earth, rocks and minerals;
6. Work conducted in places where loud noises is produced;
7. Work involving rock drills, etc. which cause strong vibration
to a human body;
8. Work involving the handling of heavy objects by people; and
9. Work conducted in places where considerable amounts of
dust, steam, or gases of heavy metals, such as lead, mercury,
chrome, manganese and cadmium, or of carbon bisulfide,
organic solvent, or the particular chemicals prescribed by
the Ordinance of the Ministry of Employment and Labor
are produced.
Jul. 30, 2009>
Article 33 (Reasons for Revocation, etc., of Designation of Educational
Institutions)
“Cases where there is any reason prescribed by the
Presidential Decree” in Article 15-2 (1) 5 of the Act applied
mutatis mutandis under Article 47 (4) of the Act refers to the
following cases: <Amended by Presidential Decree No. 23545, Jan.
26, 2012>
▮▮ 861
1. Where the educational institution refuses to provide education

for a particular person without any justifiable reason;
2. Where the educational institution causes any delay in
education entrusted to it by suspending its business for
one month or more without justifiable reasons; and
3. Other cases where the educational institution violates the
Act or any order under the Act.
Jul. 30, 2009>
Article 33-2 (Workplaces Required to Submit Harm and Hazard
Prevention Plan)
“A business falling into the type and size prescribed by the
Presidential Decree” in Article 48 (1) of the Act refers to a
business which falls under any of the following subparagraphs
and has an electricity contract capacity of 300 kW or more:
<Amended by Presidential Decree No. 23545, Jan. 26, 2012 and
1. Manufacture of fabricated metal products (excluding
machinery and furniture);
2. Manufacture of non-metallic mineral products;
3. Manufacture of other machinery and equipment;
4. Manufacture of motor vehicle, trailers and semitrailers;
5. Manufacture of food products;
6. Manufacture of rubber and plastic products;
7. Manufacture of wood products and wood and cork;
8. Other manufacturing;
9. Manufacture of basic metal products;
10. Manufacture of furniture;
11. Manufacture of chemicals and chemical products;
12. Manufacture of semiconductors;
13. Manufacture of electronic parts.
<This Article Newly Inserted By Presidential Decree No. 20973,
Aug. 21, 2008>
Article 33-3 (Requirements for Designation of Safety and Health
Diagnosis Institutions)
A person eligible to be designated as a safety and health
diagnosis institution (hereinafter referred to as “safety and
health diagnosis institution”) pursuant to Article 49 (1) of the
Act shall be limited to a juristic person who intends to perform
safety and health diagnosis work and have the manpower,
facilities and equipment prescribed by the Ordinance of the


Decree No. 22269, Jul. 12, 2010>
Jul. 30, 2009>
Articles 15-3 and 15-5 shall apply mutatis mutandis to safety
and health diagnosis institutions.
Jul. 30, 2009>
Article 33-5 (Type and Content of Safety and Health Diagnosis)
The Minister of Employment and Labor may order the
workplaces referred to in Article 49 (1) of the Act to receive
safety and health diagnosis specified in Table 9-2. In such case,
the Minister of Employment and Labor may order the diagnosis
to be carried out in the limited fields of machines, chemical
engineering, electricity, construction, etc. <Amended by Presidential
Decree No. 22269, Jul. 12, 2010>
Jul. 30, 2009>
Article 33-6 (Those Subject to Submission of Process Safety Report)
(1) "Harmful or hazardous equipment prescribed by the
Presidential Decree” in the former part of Article 49-2 (1) of the
Act refers to equipment owned by a workplace engaging in any
of the following businesses, and, if a workplace engages in any
other business, equipment for manufacturing, handling and
storing one or more of the harmful or hazardous substances
listed in Table 10 in excess of the amount prescribed in the
said Table, and all process equipment relating to the operation
of the equipment concerned: <Amended by Presidential Decree No.
23545, Jan. 26, 2012 and Presidential Decree No. 25251, Mar. 12, 2014>
1. Petroleum refineries;
2. Reprocessing of other fractionated petroleum;
3. Manufacturing of basic organic petrochemicals or manufacturing
of synthetic resins and other plastic materials: Provided
that manufacturing of synthetic resins and other plastic
materials shall be limited to cases where it falls under
subparagraph 1 or 2 of Table 10;
4. Manufacturing of nitrogenous, phosphatic and potassic
fertilizers (excluding manufacturing of phosphatic and
potassic fertilizers);
▮▮ 863
5. Manufacturing of composite fertilizers (excluding

manufacturing through simple mixing or compounding);
6. Manufacturing of agricultural chemical products (limited
to manufacturing of raw materials); and
7. Manufacturing of explosives and pyrotechnic products
(2) Notwithstanding paragraph (1), any of the following
facilities shall not be considered as harmful or hazardous ones:
1. Nuclear power facilities;
2. Military facilities;
3. Facilities for storage and use of heating fuels directly
used by the employer in the workplace;
4. Wholesale and retail facilities;
5. Transportation equipment, such as vehicles, etc.;
6. Facilities for filling and storage of liquefied petroleum gas
under the LPG Safety and Business Control Act;
7. Gas supply facilities under the City Gas Business Act; and
8. Other facilities announced by the Minister of Employment
and Labor as the degree of damage due to their leakage,
fire, explosion, etc., is not deemed to be serious.
(3) "Accident prescribed by the Presidential Decree" in Article
49-2 (1) of the Act refers to any of the following accidents:
<Newly Inserted by Presidential Decree No. 23545, Jan. 26, 2012>
1. Leakage, fire and explosion accidents in any of the facilities
under paragraph (1) (excluding the facilities referred to in
paragraph (2); the same shall apply in subparagraph 2),
which could lead to deaths or injuries of workers;
2. Leakage, fire and explosion accidents in any of the facilities
under paragraph (1), which could lead to casualties
among residents in the vicinity.
Jul. 30, 2009>
Article 33-7 (Contents of Process Safety Report)
A process safety report under Article 49-2 of the Act shall
contain the following matters: <Amended by Presidential Decree
No. 22269, Jul. 12, 2010>
1. Process safety data;
2. Process risk evaluation report;
3. Safety operation plan;
4. Emergency measures plan; and
5. Other matters announced by the Minister of Employment

and Labor as they are deemed necessary for process safety.

Jul. 30, 2009>
Article 33-8 (Submission of Process Safety Report)
(1) An employer shall prepare and submit a process safety
report under Article 49-2 (1) of the Act, as prescribed by the
Ordinance of the Ministry of Employment and Labor, if he/she
installs (including cases where the amount being manufactured
or handled by, or the substance stored in, existing equipment is
changed or the amount being manufactured or handled by, or
stored in, existing equipment increases to reach the amount of
harmful or hazardous substance stipulated in Table 10) or moves
the harmful or hazardous equipment prescribed in Article 33-6
or makes changes to the major structural parts determined by
Mar. 12, 2014>
(2) In the case of paragraph (1), if the process safety report to
be submitted is related to unit process equipment using high-pressure
gas under Article 2 of the High Pressure Gas Safety Control Act,
and the employer has prepared and submitted a safety management
regulation under Article 11 of the same Act and a safety enhancement
plan under Article 13-2 of the same Act, along with a comment
paper reviewed and written jointly by the Korea Occupational
Safety and Health Agency and the Korea Gas Safety Corporation
to the authorities concerned, then the employer shall be considered
to have submitted a process safety report regarding the unit process
equipment concerned.
Jul. 30, 2009>
Article 33-9 (Exemption from Submission of Harm and Hazard
Prevention Plan)
If an employer has submitted a process safety report under
Article 49-2 of the Act, he/she shall be considered to have
submitted a harm and hazard prevention plan under Article 48
of the Act in relation to the harmful or hazardous facility concerned.
Jul. 30, 2009>
Article 33-10 (Those Subject to Request for Sanctions)
“Accidents prescribed by the Presidential Decree, such as
▮▮ 865
those which lead to deaths of large numbers of workers or inflict

serious damage to the neighboring areas of the workplace” in
Article 51-2 (1) 1 of the Act referS to any of the following accidents:
1. Accidents where two workers or more simultaneously die;
and
2. Serious industrial accidents under Article 49-2 (1) of the Act
Jul. 30, 2009>
Article 33-11 (Duties of Consultant)
(1) "Other matters prescribed by the Presidential Decree” in
Article 52-2 (1) 4 of the Act refers to any of the following matters:
1. Preparation of a safety and health improvement plan
2. Provision of guidance about risk assessment under Article
41-2 of the Act; and
3. Provision of answers to and advice on other occupational
safety-related matters.
(2) "Other matters prescribed by the Presidential Decree” in
Article 52-2 (2) 6 of the Act refers to any of the following matters:
1. Preparation of a safety and health improvement plan
2. Provision of guidance about risk assessment under Article
41-2 of the Act;
3 Provision of answers to and advice on other occupational
health-related matters.
Jul. 30, 2009>
Article 33-12 (Categories of Consultants by Service Field)
(1) The service fields of occupational safety consultants under
Article 52-2 (3) of the Act shall be classified into mechanical safety,
electrical safety, chemical safety, and construction safety, and
those of occupational health consultants shall be classified into
occupational and environmental medicine and occupational hygiene.
(2) Occupational safety consultants and occupational health
consultants (hereinafter referred to as “consultants”) may carry
out their services only in the service fields prescribed in paragraph
(1), and the scope of services in the service field concerned
shall be as specified in Table 11. <Amended by Presidential Decree

No. 25251, Mar. 12, 2014>

Jul. 30, 2009>
Article 33-13 (Testing Agency)
(1) “The professional agency prescribed by the Presidential
Decree” in Article 52-3 (3) of the Act refers to the Human
Resources Development Service of Korea under the Act on Human
Resources Development Service of Korea (hereinafter referred to
as “Human Resources Development Service of Korea”).
(2) The Minister of Employment and Labor, if he/she has
the Human Resources Development Service of Korea administer
an examination for consultants pursuant to Article 52-3 (3) of
the Act, may have the HRD Service of Korea organize and operate
an examination committee if deemed necessary. <Amended by
(3) Matters necessary for the organization, operation, etc. of
an examination committee shall be determined by the Minister
22269, Jul. 12, 2010>
Jul. 30, 2009>
Article 33-14 (Execution, etc. of Examination)
(1) The examination for consultants referred to in Article
52-3 (1) of the Act shall be separated into a written test and an
oral test.
(2) The written test shall consist of the first and second tests,
and the first test shall be in a multiple choices format, and the
second test shall be an essay in principle. However, short-answer
questions may be added in each of the tests.
(3) The subjects and scope of the first test shall be the
common compulsory subjects I, II and III and their scope specified
in Table 12, and the subjects and scope of the second test shall
be the major compulsory subjects and their scope specified in
Table 12. <Amended by Presidential Decree No. 23545, Jan. 26, 2012>
(4) The second test shall be conducted only for those who
have passed the first test.
(5) The oral test shall be conducted only for those who
have passed the written test or those who are exempt from the
written test, and it shall evaluate any of the following matters:
1. Professional knowledge and application ability;
▮▮ 867
2. Extent of understanding and knowledge on occupational

safety and health systems; and
3. Counseling and guidance ability
(6) The announcement of the consultant examination, application
procedure, and other necessary matters shall be prescribed by
the Ordinance of the Ministry of Employment and Labor. <Amended
Jul. 30, 2009>
Article 33-15 (Partial Exemption from Examination)
(1) Qualifications whose holders may be partially exempted
from the examination for consultants under Article 52-3 (2) of the
Act and the scope of exemption from the examination under
paragraph (5) of the same Act shall be as follows:
1. A professional engineer in the field of construction safety,
machine safety, industrial hygiene management, ergonomics,
electrical safety or chemical safety under the National
Technical Qualifications Act: the requirements for his/her
major field, common requirements I and common requirements
II specified in Table 12;
2. A person who holds a professional engineer qualification
in the job category of construction (limited to the sub-job
category of architecture and civil engineering), machinery,
chemical engineering or electricity and electronics (limited
to the sub-job category of electricity): the requirements for
his/her major field specified in Table 12;
3. An occupational and environmental medicine specialist under
the Medical Service Act: the requirements for his/her
major field and common requirements I and common
requirements II specified in Table 12;
4. A person who holds a doctoral degree in engineering (limited
to a major in construction safety, mechanical safety, electrical
safety or chemical engineering safety), medicine (limited
to a major in occupational and environmental medicine)
or health science (limited to a major in occupational hygiene):
the requirements for his/her major field specified in Table 12;
5. A person who falls under subparagraph 2 or 4 and has been
engaged in occupational safety or occupational health
work for three years or more after acquiring his/her respective
qualification or academic degree: the requirements for
his/her major field and common requirements II specified
in Table 12;

6. A certified labor affairs consultant under the Certified Labor

Affairs Consultants Act: the common requirements I specified
in Table 12.
(2) The scope of exemption from the examination under
paragraph (1) shall be limited to the written test in the relevant field.
Mar. 12, 2014>
Article 33-16 (Decision on Successful Applicants)
(1) Any person who gains not less than 40 points of the 100
prescribed points per subject and not less than an average of 50 points
in all subjects in the written test shall be a successful applicant.
(2) The oral test shall evaluate the matters described in each
subparagraph of Article 33-14 (5), and any person who gains 6
points out of 10 points shall be a successful applicant.
Jul. 30, 2009>
Article 33-17 (Measures Against Exam Cheaters)
A person who cheats in the consultant examination shall be
disqualified, and have his/her qualification for applying for a
consultant examination suspended for 5 years from the date of
the examination concerned.
Jul. 30, 2009>
Article 33-18 (Subscription, etc., to Insurance for Damage Compensation)
(1) A consultant (referring to a corporation if the corporation
is established pursuant to Article 52-4 (2) of the Act; hereinafter
the same shall apply in this Article) registered with the
Ministry of Employment and Labor pursuant to Article 52-4 (1)
of the Act shall take out guarantee insurance to ensure liability
for damages pursuant to Article 52-7 (2) of the Act. <Amended
(2) The guarantee insurance under paragraph (1) refers to an
insurance whose insurance money is 20 million won or more
(in cases of a corporation under Article 52-4 (2) of the Act, an
amount produced by multiplying 20 million won by the number
of consultants employed by the corporation).
(3) If a consultant compensates for damage with the guarantee
insurance money under paragraph (1), he/she shall take out another
guarantee insurance within ten days from the date of payment.
Jul. 30, 2009>
▮▮ 869
Article 34 (Those Excluded from Training)

"Those prescribed by the Presidential Decree" in Article 52-10
of the Act refers to people who have five years or more of
practical experience in the field of occupational safety and health.
Mar. 12, 2014>
Article 35 (Reasons for Revocation, etc., of Registration of Consultant)
"Cases prescribed by the Presidential Decree" in subparagraph
5 of Article 52-15 of the Act refers to the following cases:
1. Where a serious accident occurs intentionally or by negligence
during the performance of duties under Article 52-2 of
the Act;
2. Where a consultant fails to take out guarantee insurance or
take necessary measures under Article 52-7 (2) of the Act;
3. Where a consultant signs his/her name or affixes his/her
seal under Article 52-11 (2) of the Act in violation of
paragraph (1) of the same Article; and
4. Where a consultant falsely makes any document relating
to his/her work.
Mar. 12, 2014>
Article 45-2 (Those Eligible to Be Commissioned as Honorary Inspector)
(1) The Minister of Employment and Labor may commission
an honorary occupational safety inspector (hereinafter referred to
as “honorary inspector”) from among those falling under any of

the following subparagraphs pursuant to Article 61-2 (1) of the

1. From among the workers of a workplace required to
establish an occupational safety and health committee or
a labor-management consultative body, those who are
recommended by the representative of workers after hearing
the employer' opinion;
2. From among the officers and staff of a labor union which
is a federation or a regional representative body under
Article 10 of the Trade Union and Labor Relations
Adjustment Act, those who are recommended by the
labor union or the regional representative body;
3. From among the officers and staff of a nationwide
employers organization or its subsidiary, those who are
recommended by the organization or its subsidiary; and
4. From among the officers and staff of an organization or
its subsidiary which carries out business related to industrial
accident prevention, those who are recommended by the
organization or its subsidiary
(2) The work of an honorary inspector shall be as follow. In
such case, the scope of the duties of an honorary inspector
commissioned pursuant to subparagraph 1 of paragraph (1)
shall be limited to the work in the workplace concerned (excluding
the case of subparagraph 8), and the scope of the duties of an
honorary inspector commissioned pursuant to subparagraphs 2
through 4 of paragraph (1) shall be limited to the work prescribed
in subparagraphs 8 through 10:
1. Participating in self-inspection conducted by a workplace
and in workplace inspection conducted by labor inspectors;
2. Participating in the establishment of industrial accident
prevention plans by a workplace and attending the
self-inspection of machines and instruments by a workplace;
3. Requesting an employer to make improvements and
notifying a violation to an inspection institution if there is
a violation of laws and regulations;
4. Requesting an employer to suspend work if there is an
imminent risk of an industrial accident occurring;
5. Attending work environment monitoring and health
examinations for workers and participating in an explanatory
session on the results;
6. Requesting an employer to conduct an extraordinary
health examination if there are many workers who have
▮▮ 871
the symptoms of work-related illnesses or contract diseases;

7. Providing guidance for workers to observe safety regulations;
8. Proposing improvements on laws and regulations and
industrial accident prevention policies;
9. Participating in and supporting activities aimed at raising
safety and health awareness, accident-free movements, and
so on; and
10. Other work determined by the Minister of Employment
and Labor in relation to industrial accident prevention
activities, including publicity and enlightenment activities
about industrial accident prevention <Amended by Presidential
Decree No. 22269, Jul. 12, 2010>
(3) The term of office of an honorary inspector shall be two
years and renewable.
(4) The Minister of Employment and Labor may provide an
honorary inspector with allowances to support his/her activities.
(5) Matters necessary for the commission, functioning, etc.,
of an honorary inspector shall be determined by the Minister of
22269, Jul. 12, 2010>
Jul. 30, 2009>
Article 45-3 (Discharge of Honorary Inspector)
The Minister of Employment and Labor may discharge an
honorary inspector in any of the following cases: <Amended by
1. Where the workers' representative requests the discharge
of an honorary inspector commissioned after hearing the
opinions of the employer pursuant to of Article 45-2 (1) 1;
2. Where an honorary inspector commissioned pursuant to
subparagraphs 2 through 4 of Article 45-2 (1) retires or is
dismissed from the organization or its subsidary concerned;
3. Where an honorary inspector commits a fraudulent act in
relation to his/her duties;
4. Where it is difficult for an honorary inspector to perform
his/her duties due to disease, injury, etc.
Jul. 30, 2009>
Article 45-4 (Support for Industrial Accident Prevention Projects)
“Projects prescribed by the Presidential Decree” in the former

part of Article 62 (1) of the Act refers to those related to any

of the following work: <Amended by Presidential Decree No.
22061, Feb. 24, 2010, Presidential Decree No. 22269, Jul. 12, 2010;
Presidential Decree No. 22495, Nov. 18, 2010; and Presidential
Decree No. 25251, Mar. 12, 2014>
1. The work of manufacturing, purchasing, repairing, testing,
researching, publicizing, providing information on
protective devices, protective equipment and safety
facilities for preventing industrial accidents, and facilities,
equipment, etc. for improving work environment, etc;
2. The work of providing technical assistance in safety and
health management of workplaces;
3. The work of providing education on occupational safety
and health, and training a professional workforce;
4. The work of conducting research and technology development
for industrial accident prevention;
5. The work of supporting safety inspection;
5-2. The work of providing support relating to risk assessment
6. The work of supporting work environment monitoring and
health examinations;
7. The work of conducting epidemiological surveys or research
to identify the causes of work-related illnesses, or purchasing
facilities, equipment, etc. deemed necessary for the prevention
of work-related illnesses;
8. The work of raising safety and health awareness and
conducting accident-free movements;
9. The work of purchasing facilities, equipment, etc. necessary
for assesment of the work environment monitoring and
analysis abilities of designated monitoring institutions
under Article 42 (8) of the Act and for assessment of the
health examining and analysis abilities of health examination
institutions under Article 43 (9) of the Act;
10. Work concerning support for academic activities and
workforce training in the field of occupational medicine;
11. Work concerning standards for exposure to harmful
agents, and examination, assessment, etc., of harmfulness
and hazardousness;
11-2. The work of providing support relating to the operation
of facilities for maintaining and promoting workers'
health under subparagraph 3 of Article 61 of the Act;
12. Other work determined by the Minister of Employment and
▮▮ 873
Labor for industrial accident prevention after deliberation

by the Industrial Accident Compensation Insurance and
Prevention Deliberation Committee.
Jul. 30, 2009>
Article 45-5 Deleted. <Presidential Decree No. 15598, Dec. 31, 1997>
Article 46 (Delegation of Administrative Authority)
(1) The Minister of Employment and Labor may delegate
the authority described in the following subparagraphs to the
head of a local or district employment and labor office pursuant
to Article 65 (1) of the Act: <Amended by Presidential Decree No.
1. Requests for a report under Article 10 of the Act;
2. Orders for appointment or replacement of not less than
the fixed number of safety managers under Article 15 (3)
of the Act and health managers under Article 16 (3) of
the Act;
3. Authorization of a contract for harmful or hazardous
work under Article 28 (1) of the Act, and revocation of
such authorization under paragraph (4) of the same Article;
3-2. Revocation of registration of institutions registered
pursuant to Article 31-2 of the Act and orders for suspension
of business under Article 32-3 of the Act;
3-3. Orders for submission of information under Article 34
(7) of the Act;
4. Orders for removal of marks under Article 34-2 (4) of the Act;
5. Revocation of safety certification, prohibition of the use of
safety certification marks and orders for improvement
6. Orders for collection and destruction under Article 34-4
(2) of the Act;
7. Orders for removal of marks under Article 35-2 (4) of the
Act;
8. Prohibition of the use of self safety check marks and
orders for improvement under Article 35-3 (1) of the Act;
9. Orders for collection and destruction under Article 35-4
(2) of the Act;
10. Designation of designated inspection institutions under
Article 36-2 (3) of the Act, and revocation of such
designation and orders for suspension of business under


11. Revocation of authorization of self inspection programs
and orders for improvement thereof under Article 36-2
(4) of the Act;
12. Revocation of registration and restriction of support
13. Approval of the manufacturing, import or use of substances
whose manufacturing, etc. is prohibited pursuant to Article
37 (2) of the Act;
14. Permission for the manufacturing and use of harmful
substances and permission for modification under Article
38 (1) of the Act, orders for repair, remodeling, etc.,
under paragraph (4) of the same Article, and revocation
of permission for the manufacturing, etc., of harmful
substances, and orders for suspension of business under
15. Designation of asbestos investigation institutions under
Article 38-2 (2) of the Act and revocation of such
Article 15-2 of the Act applied mutatis mutandis under
16. Orders for compliance with a general or an institutional
asbestos investigation under Article 38-2 (4) of the Act
and orders for suspension of work until the results of
such compliance orders are reported;
17. Registration of asbestos disposal or removal service providers
under Article 38-4 (1) of the Act and revocation of
registration and orders for suspension of business under
18. Receipt and confirmation of reports made by asbestos
disposal or removal service providers under Article 38-4
(3) of the Act;
19. Assessment of the safety of asbestos disposal and removal
work and publication of the results under Article 38-4
(4) of the Act;
20. Receipt of documents proving the concentration of asbestos
submitted under Article 38-5 (1) of the Act;
21. Orders for submission of materials safety data sheet and
orders for modification of handling precautions in materials
safety data sheet under Article 41 (8) of the Act;
22. Receipt of a report on the results of work environment
monitoring under Article 42 (1) of the Act;
▮▮ 875
23. Designation of designated monitoring institutions under

Article 42 (4) of the Act and revocation of such
designation, and orders for suspension of business under
25. Designation of health examination institutions under
Article 43 (1) of the Act and revocation of such designation,
and orders for suspension of business under paragraph
(11) of the same Article;
26. Orders for conducting, etc., of extraordinary health examinations
under Article 43 (2) of the Act and receipt of a report
on the results of a health examination under paragraph
(4) of the same Article;
27. Designation of educational institutions aimed at fostering
those holding qualifications and licenses or at helping
workers acquire skills under Article 47 (2) of the Act and
revocation of such designation, and orders for suspension
of business under paragraph (4) of the same Article;
28. Orders for discontinuation of work or construction work
and orders for modification of harm and hazard prevention
plans under Article 48 (4) of the Act;
29. Orders for safety and health diagnosis under Article 49
of the Act;
30. Orders for modification of process safety reports under
Article 49-2 (3) of the Act, assessment of the implementation
status of process safety reports under paragraph (9) of
the same Article, and orders for re-submission of process
safety reports under paragraph (10) of the same Article;
31. Orders for establishment, implementation, etc. of safety
and health improvement plans under Article 50 (1) and
(2) of the Act;
32. Orders for reporting and attendance under Article 51 (2)
of the Act;
33. Orders for necessary measures, such as replacement,
suspension of use, removal, facility improvement, etc.
34. Orders for suspension of work under Article 51 (7) of
the Act;
35. Orders for compliance, etc. with safety and health management
regulations under Article 51 (8) of the Act;
36. Receipt and handling of reported violations of laws and
regulations under Article 52 of the Act;

37. Registration of consultants under Article 52-4 (1) of the

Act and revocation of such registration and orders for
suspension of business under Article 52-15 of the Act;
38. Work concerning the appointment of an honorary inspector
39. Hearings relating to delegated authority among the authority
prescribed in each subparagraph of Article 63-2 (1) of
the Act;
41. Receipt of documents under Articles 12 (6), 16 (3) and 20 (3);
42. Receipt of requests for confirmation and such confirmation
43. Receipt of applications under Article 32-5; and
44. Supervisory measures required to exercise the authority
referred to in subparagraphs 1 through 43.
(2) The Minister of Employment and Labor may delegate
the authority described in the following subparagraphs to the
head of a local employment and labor office: <Amended by
No. 25251, Mar. 12, 2014>
1. Designation of specialized institutions for safety management
under Article 15 (4) of the Act and revocation of such
Article 15-2 of the Act;
2. Work relating to the imposition and collection of penalty
surcharges for specialized institutions for safety management
3. Designation, revocation of designation, and orders for
suspension of business relating to specialized institutions
for health management (excluding specialized institutions
for health management by industry and harmful agent)
surcharges for specialized institutions for health management
5. Designation, revocation of designation, and orders for
suspension of business relating to specialized institutions
providing guidance on accident prevention, under Article
30-2 (1) and (3) of the Act;
surcharges for specialized institutions providing guidance
▮▮ 877
on accident prevention, under Article 30-2 (3) of the Act;

7. Designation of safety and health diagnosis institutions
under Article 49 (1) of the Act and revocation of such
designation, and orders for suspension of business under
8. Hearings relating to delegated authority among the authority
prescribed in each subparagraph of Article 63-2 (1) of the Act;
9. Receipt of applications under Articles 15-3, 19-3 (excluding
applications for designation of a specialized institution for
health management by industry and harmful agent), 26-9
and 33-4; and
10. Supervisory measures required to exercise the authority
referred to in subparagraphs 1 through 9.
Jul. 30, 2009>
Article 47 (Entrustment of Work)
Employment and Labor may entrust the work specified in
subparagraphs 2, 3-2, 4-2, 9, 9-2, 10-2, 11, 11-2, 11-3, 12, 13-2,
13-3, 14-2, 15 through 18, 18-2 through 18-4 and 19 of the same
paragraph to the Agency. <Amended by Presidential Decree No.
Employment and Labor may entrust the work specified in
subparagraphs 1, 3, 4, 5 through 8, 10, 13, and 14 of the same
paragraph to the Agency or a corporation or an institution
designated and announced by, or registered with, the Minister
of Employment and Labor from among non-profit corporations
or relevant professional institutions which fall under any of the
following subparagraphs and have the manpower, facilities and
equipment required to perform the entrusted work: <Amended by
Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No.
23545, Jan. 26, 2012; and Presidential Decree No. 25251, Mar. 12, 2014>
1. Corporations which meet all of the following conditions:
Provided that if the work specified in Article 65 (2) 4 of
the Act is entrusted, the corporation shall not have to
meet the conditions referred to in item B:
A. It shall be a non-profit corporation; and
B. It shall be established for the purpose of occupational
safety and health or industrial accident prevention.
2. Institutions designated by the Minister of Employment and

Labor pursuant to Articles 15 (4), 16 (3), 30-2 (1), 38-2 (2),

42 (4), 43 (1), 47 (2) and 49 (1) of the Act;
3. Public institutions under the Act on the Management of
Public Institutions, which are established for the purpose
of check and testing of machines, instruments, equipment,
etc., research and development, education and assessment
of production technologies, etc.; and
4. Schools under Article of the Higher Education Act, which
have a department relating to occupational safety and health.
(3) If the Minister of Employment and Labor entrusts his/her
authority to the Agency, a non-profit corporation or a relevant
professional institution pursuant to paragraph (2), he/she shall
announce matters concerning the name of the entrusted
institution and the entrusted work through an official gazette,
internet homepage, etc. <Amended by Presidential Decree No. 22269,
Jul. 12, 2010>
Jul. 30, 2009>
Article 47-2 (Fees)
"Persons prescribed by the Presidential Decree” in Article 66
(1) 13 of the Act refers to those who intend to receive the
education referred to in subparagraphs 8 and 9 of Table 4 and
subparagraph 7 of Table 6.
Jul. 30, 2009>
to whom the authority of the Minister of Employment and Labor
is delegated or the duties of the Minister of Employment and
Labor are entrusted pursuant to Article 65 of the Act) and labor
inspectors may manage information on health under Article 23
of the Personal Information Protection Act, information falling
into the category of criminal records under subparagraph 2 of
Article 18 of the Enforcement Decree of the same Act and data
containing resident registration numbers or foreigner registration
numbers under subparagraph 1 or 4 of Article 19 of the same
Decree if it is inevitable in order to perform any of the following
duties:
1. Duties concerning handling of data related to industrial
accidents or health examinations with regard to matters
▮▮ 879
on which the Minister of Employment and Labor requests

cooperation pursuant to Article 9 of the Act;
2. Duties concerning the recording, reporting, etc., of industrial
accidents under Article 10 of the Act;
3. Duties concerning health examinations under Article 43 of
the Act;
4. Duties concerning disease investigations under Article 43-2
of the Act;
5. Duties concerning the issuance of health management
pocketbooks under Article 44 of the Act;
6. Duties concerning the prohibition of and restriction on
work of sick persons under Article 45 of the Act;
7. Duties concerning examinations for consultants under Article
52-3 of the Act; and
8. Duties concerning the registration of consultants under Article
52-4 of the Act.
Aug. 6, 2013>
Article 47-4 (Review of Regulations)
With regard to the reasons for revocation, etc., of the
designation of an educational institution to nurture qualification
or license holders or help workers acquire skills, the Minister of
Employment and Labor shall review their reasonableness and
take measures, such as making improvements thereto, every
three years (referring to the period until the day before January
1 of every third year) from January 1, 2014.
Dec. 30, 2013>
Article 48 (Imposition of Fines for Negligence)
The criteria for imposition of fines for negligence pursuant
to Article 72 (1) through (5) of the Act shall be as specified in
Table 13.
Apr. 4, 2011>
Addenda <Presidential Decree No. 21263, Jan. 14, 2009; Revision of

the Enforcement Decree of the Act on the Korea
Occupational Safety and Health Agency>



(4) Parts of the Enforcement Decree of the Occupational
Safety and Health Act shall be revised as follows:
“Korea Occupational Safety and Health Agency” in Articles
33-7 (3) and 47 (1), (2) and (3) shall be changed to "Korea
Occupational Safety and Health Agency.

Article 2 (Applicability concerning Method of Appointing Safety
Manager)
The amended provisions in the remarks column of Table 3
shall apply to construction projects for which a contract is
entered into after the enforcement of this Decree.
Article 3 (Special Cases Concerning Asbestos Investigation by
Designated Monitoring Institution)
If the designated monitoring institution referred to in Article
32-4 has the manpower, facilities and equipment prescribed in
the amended provision of Article 30-4, it may carry out the
work of asbestos investigation prescribed in Article 38-2 of the
Act for six months from the enforcement date of this Decree
notwithstanding the amended provision of Article 30-4.
Article 4 (Transitional Measures concerning Workplaces Subject to
Public Announcement)
The amended provision of Article 8-4 shall apply to accidents
causing deaths, which occur before as well as after the enforcement
of this Decree.
Article 5 (Transitional Measures concerning Designated Educational
Institution)
A designated educational institution designated pursuant to
the previous provisions at the time of the enforcement of this
Decree shall be deemed a specialized institution entrusted with
safety and health education pursuant to the amended provision
of Article 26-10 for three years from the enforcement date of
this Decree.
▮▮ 881
Addenda <Presidential Decree No. 22061, Feb. 24, 2010;

Revision of the Enforcement Decree of the Act on the Korea
Occupational Safety and Health Agency>
Article 1 (Enforcement Date) This Decree shall enter into force on

the date of February 24, 2010
Parts of the Enforcement Decree of the Labour Standards
Types of Work Prohibited for Pregnant Women of Table 4
(13) “The Occupational Safety and Health Policy Deliberation
Committee under Article 7 of the Act (hereinafter referred to as
“The Policy Deliberation Committee”, hereinafter in this Table
the same shall apply) shall be changed to “The Industrial Accident
Compensation Insurance and Prevention Deliberation Committee
(hereinafter referred to as “The Industrial Accident Compensation
Insurance and Prevention Deliberation Committee”, hereinafter in
this Table the same shall apply) referred to in Article 8 of the Act"
The types of work for which the employment of women
with less than one year after childbirth is prohibited pursuant
to the same Table (3) “The Policy Deliberation Committee” shall
be changed to “The Industrial Accident Compensation Insurance
and Prevention Deliberation Committee”
The types of work for which the employment of women
aged eighteen or older but not pregnant is prohibited pursuant
to the same Table (2) The type of work which the employment
of under the age of eighteen is prohibited pursuant to the same
Table (2) “The Policy Deliberation Committee” shall be changed
to “The Industrial Accident Compensation Insurance and
Prevention Deliberation Committee”
The type of work which the employment of under the age
of eighteen is prohibited pursuant to the same Table (8) “The
Policy Deliberation Committee” shall be changed to “The Industrial
Accident Compensation Insurance and Prevention Deliberation
Committee”
Addenda <Presidential Decree No. 22496, Nov. 18, 2010>

This Decree shall enter into force on the date of promulgation:
provided that, the amended provision of Table 13 shall enter
into force 6 months after the promulgation date.


(1) Notwithstanding the amended provision under Table 13,
any offense prior to the enforcement of this Decree shall be
subject to the previous criteria for imposing fines for negligence.
(2) Any imposition of fines for negligence arising from
offenses prior to the enforcement of this Decree shall not count
toward the total frequency or number of offences as prescribed
in the amended provision under Table 13.

The previous criteria for imposing fines for negligence shall
apply for any offenses that took place before the enforcement of
this Decree, notwithstanding the revised provisions of Table 13.
Addenda <Presidential Decree No. 23248, Oct. 25, 2011>

(Enforcement Decree of the Atomic Energy Safety Act)

This Decree shall enter into force on October 26, 2011.
Article 2 Omitted.
(9) Parts of the Enforcement Decree of the Occupational
Safety and Health Act shall be revised as follows:
"Atomic Energy Act" in subparagraph 1 of Article 32-2 shall
be changed to "Atomic Energy Safety Act".
Article 4 Omitted.

Article 2 (Provisions on Enforcement Date of Occupational Safety
and Health Act)
▮▮ 883
The enforcement date of the amended provisions of Articles

31 (2), 31-2 and 65 (2) 3-2 of the Act and the enforcement date
of the amended provisions of Articles 32-2, 32-3, 51 (1) and 72
(4) 3 of the Act (limited to parts relating to the amended
provisions of Article 31-2 of the Act) shall conform to the
following classification pursuant to the proviso to Article 1 of
the Addenda of the Occupational Safety and Health Act
amended by Act no. 10968:
1. Construction sites engaged in construction work worth
100 billion won or more: June 1, 2012;
2. Construction sites engaged in construction work worth 50
billion won or more but less than 100 billion won:
December 1, 2012;
billion won or more but less than 50 billion won: June 1, 2013;
billion won or more but less than 12 billion won: December
1, 2013;
300 million won or more but less than 2 billion won:
June 1, 2014;
less than 300 million won: December 1, 2014
Article 3 (Applicability concerning Submission of Harm and Hazard
Prevention Plans)
The amended provisions of subparagraphs 3 through 10 of
Article 33-2 shall apply to cases where work begins to install or
move an entire structure, machine, instrument, equipment, etc.,
or alter any major structural part thereof in relation to the
business referred to in the amended provisions after July 1, 2012.
Article 4 (Applicability concerning Penalty Surcharges)
The amended provisions of Table 4-2 shall apply to cases
where a reason for suspension of business arises after this
Article 5 (Transitional Measures concerning Mandatory Safety
Certification, Self Safety Check and Protective Measures
for Harm and Hazard Prevention)
The amended provisions of Article 28 (1), Article 28-5 (1)
and Table 7 shall apply to machines, instruments, etc., manufactured
or imported after March 1, 2013.

Article 6 (Transitional Measures concerning Revocation, etc., of

Designation of Asbestos Investigation Institutions)
Revocation, etc., of designation of asbestos investigation
institutions due to reasons arising before this Decree enters into
the amended provisions of Article 30-6.
The imposition of fines for negligence for offences committed
before this Decree enters into force shall be governed by the
previous provisions notwithstanding the amended provisions of
Table 13.
Addenda <Presidential Decree No. 23845, Jun. 7, 2012; Revision of

the Enforcement Decree of the Act on the Control of
Narcotics, etc.>
This Decree shall enter into force on June 8, 2012.
Control of Narcotics, etc., shall be revised as follows:
"The Act on the Control of Narcotics, etc." in subparagraph
4 of Article 32-2 shall be changed to "the Act on the Control of
Narcotics, etc.".

This Decree shall enter into force on January 1, 2014: Provided
that the amended provisions of Articles 3-2 and 47-3 shall enter
into force on the date of its promulgation, and the amended
provisions of subparagraph 40 of Table 5 shall enter into force
on January 1, 2015.
Article 2 (Applicability concerning Appointment of Heath Managers
The amended provisions of subparagraph 40 of Table 5 shall
apply to construction work which begins after January 1, 2015.
▮▮ 885
Addendum <Presidential Decree No. 25050, Dec. 30, 2013; Partial

Revision of the Enforcement Decree of the Housing Act, etc., to
Set Deadlines for Review of Regulations According to an
Amendment to the Framework Act on Administrative Regulations>

<Proviso omitted>

This Decree shall enter into force on March 13, 2014:
Provided that the amended provisions of Articles 23 and 33-2
shall enter into force six months after its promulgation, and the
amended provisions of Table 10 shall enter into force on the
date determined according to the following classification:
1. Workplaces ordinarily employing five workers or more: the
date six months after the promulgation;
2. Workplaces ordinarily employing fewer than five workers:
the date one and a half years after the promulgation.
Article 2 (Applicability concerning Partial Exemption from Examination
for Consultants)
The amended provisions of Article 33-15 shall apply to
examinations for consultants which are announced after this
Article 3 (Applicability concerning Subjects and Scope of Examination
for Consultants)
The amended provisions of Table 12 shall apply to examinations
for consultants which are announced after this Decree enters
into force.
Article 4 (Transitional Measures concerning Facility and Equipment
Criteria for Institutions Providing Basic Health and
Education in Construction Industry)
A person who is registered as an institution providing basic
safety and health education in the construction industry but
falls short of the facility and equipment criteria specified in the
amended provisions of subparagraph 3 B of Table 6-4 at the
time this Decree enters into force shall satisfy the amended
provisions of the same Table within three months after the
enforcement date of this Decree.


The application of the criteria for imposition of fines for
negligence to any offence committed before this Decree enters into
Parts of the Enforcement Decree of the Act on the Collection,
etc., of Premiums for Employment Insurance and Industrial
Accident Compensation Insurance shall be revised as follows:
"Structures, equipment, work behavior, etc., to maintain or
promote the safety and health of workers and prevent industrial
accidents pursuant to Article 5 (1) of the Occupational Safety
and Health Act" in Article 18-2 (1) 1 shall be changed to "
structures, machines, instruments, equipment, raw materials, gas,
vapor, dust, etc., or work behavior or any other work pursuant
to Article 41-2 (1) of the Occupational Safety and Health Act".
▮▮ 887
[Table 1] <Amended on Aug. 6, 2013>
Businesses to Which Parts of the Act Do Not Apply and

Provisions Not Applicable Thereto
(relating to Article 2-2 (1))
Businesses to which parts of the Act do not

Provisions not applicable thereto
apply
1. Businesses falling under any of the following Articles 13, 14, 15, 15-2, 15-3,
items: 16-2, 18 and 19, Chapter III,
Articles 23, 26 (excluding
A. Businesses subject to the Mining Safety
health-related matters), 28, 29
Act (limited to such processes as mining,
(1) through (7), 29 (9), 29-2, 30,
excavation, dressing or smelting, and
31 (excluding health-related
excluding manufacturing processes in the
matters), 31-2, 34-5, 36-4, 39
mining and quarrying industry)
and 39-2 of the Act
B. Businesses subject to the Atomic Energy
Act (limited to workplaces which produce
electricity using nuclear power generation
facilities in the electric power generation
industry)
C. Businesses subject to the Aviation Act
(excluding aviation-related activities among
manufacture of aircraft, spacecraft and its
parts; storage and support activities for
transportation; and activities of travel
agencies and tour operators and tourist
assistance activities)
D. Businesses subject to the Ship Safety Act
(excluding building of ships and boats)
2. Businesses falling into any of the following Article 31 of the Act (excluding
business categories: special education under
A. Software development and supply paragraph (3) of the same
B. Computer programming, consultancy and Article)
related activities
C. Information service activities
D. Financial and insurance activities
E. Professional services
F. Architectural, engineering and other
scientific technical services
G. Professional, scientific and technical services,
n.e.c. (excluding photograph processing)
H. Business support services
I. Social work activities

Businesses to which parts of the Act do not

Provisions not applicable thereto
apply
3. Workplaces falling into any of the following

business categories and ordinarily employing
less than 50 workers.
A. Agriculture
B. Fishing
C. Remediation activities and other waste
management services
D. Wholesale and retail trade
E. Accommodation and food service activities
F. Motion picture, video, broadcasting
program production and distribution
G. Sound-recording studios
H. Broadcasting
I. Real estate activities (excluding real estate
property management) and renting and
leasing
J. Research and development
K. Human health (excluding hospital activities)
L. Arts, sports and recreation related services
M. Membership organizations
N. Other personal services (excluding washing
and dry cleaning services)
4. Businesses falling into any of the following Chapters II and III, Articles 29
business categories: (1) through (7), 29 (9), 31, 31-2,
A. Public administration, defence and 32, 32-2 and 32-3 of the Act
compulsory social security
B. Education
C. Extraterritorial organizations and bodies
5. Workplaces employing only clerical workers

(including workplaces which are separately
located and employ only clerical workers)
6. Workplaces ordinarily employing less than 5 Chapters II and III, Articles 31

workers (excluding special education
under paragraph (3) of the
same Article), 31-2, 32, 32-2,
32-3, 49, 50 and 51-2 of the Act
Remarks: In the case of a business falling into two or more of the business
categories referred to in subparagraphs 1 through 6, all of the
provisions not applicable to the business pursuant to the respective
paragraphs shall not apply to it.
▮▮ 889
[Table 1-2] <Newly Inserted on Aug. 6, 2013>
Type and Size of Business Where Safety and Health Manager

Shall Be Appointed
Type of business Size
1. Quarrying of stone, sand and gravel 50 ordinarily employed

2. Manufacture of food products, manufacture of beverages workers or more
3. Manufacture of wood and of products of wood and
cork; except furniture
4. Manufacture of pulp, paper and paper products
5. Manufacture of coke, hard-coal and lignite fuel
briquettes and refined petroleum products
except pharmaceuticals and medicinal chemicals
7. Manufacture of pharmaceuticals, medicinal chemicals
and botanical products
8. Manufacture of rubber and plastic products
9. Manufacture of non-metallic mineral products
10. Manufacture of basic metal products
11. Manufacture of fabricated metal products; except
machinery and furniture
12. Manufacture of electronic components, computer,
radio, television and communication equipment and
apparatuses
13. Manufacture of medical, precision and optical
instruments, watches and clocks
14. Manufacture of electrical equipment
15. Manufacture of other machinery and equipment
16. Manufacture of motor vehicles, trailers and semitrailers
17. Manufacture of other transport equipment
18. Manufacture of furniture
19. Other manufacturing, n.e.c.
20. Publishing of books, magazines and other
publications
21. Recovery of metal and non-metal waste and scrap
22. General repair services of motor vehicles, repair
services of motor vehicles specializing in parts
23. Agriculture 300 ordinarily

24. Fishing employed workers or
25. Software development and supply more
26. Computer programming, consultancy and related
activities
27. Information service activities

28. Financial and insurance activities

29. Renting and leasing; except real estate;
30. Professional, scientific and technical activities
(excluding research and development)
31. Business support services
32. Social work activities
33. Construction Construction cost of 2

billion won or more
34. Businesses excluding those specified in 100 ordinarily

subparagraphs 1 through 33 employed workers or
more
▮▮ 891
[Table 2] <Amended by Nov. 18, 2010>
Work Particularly Requiring Hazard Prevention Measures

1. Work in high pressure chambers (limited to work which is carried out

in workrooms or shafts constructed using the caisson method or any
other pneumatic method and whose inside pressure is higher than the
atmospheric pressure);
2. Work of welding, cutting or heating metal with acetylene welding equipment
or gas gathering welding equipment (limited to welding equipment which
consists of a generator, a conduit, etc.);
3. Welding work in closed places (referring to the inside of a tank or small
spaces having extremely poor ventilation) or electric welding work in
humid places;
4. Work of manufacturing or handling explosive, water-reactive, self-reactive
and self-heating substances, pyrophoric liquids and solids and flammable
liquids (excluding the work of handling such substances for testing and
research purposes);
5. Work of handling equipment generating flammable gas, such as liquefied
petroleum gas (LPG) and hydrogen gas, or explosive gas;
6. Work of using and cleaning reactors, stirrers and extractors of chemical
equipment;
7. Work inside tanks of chemical equipment;
8. Work inside storage tanks containing powder, raw materials, etc., such as
hoppers and silos;
9. Work of heating and drying objects with any of the following equipment:
A. Drying equipment associated with hazardous substances, etc., whose
inside volume is 1 cubic centimeter or larger;
B. Drying equipment associated with substances, such as hazardous
substances under item A, which uses fuel as its heat source (limited
to those with a maximum fuel consumption of 10 kilograms or more
per hour) or which uses electricity as its heat source (limited to those
with a rated power consumption of 10 kilowatts or more).
10. Work of assembling, disassembling, altering or repairing log-hauling
apparatus (referring to equipment which consists of a yarder, wire ropes,
a carrier, posts and accessories thereto, and lifts logs or wood chunks
and charcoal off the ground or carries them in the air using power) or
track cables (referring to equipment which consists of wire ropes, a
carrier, posts and accessories thereto, and carries logs or wood chunks
and charcoal in the air over a certain distance) which fall under any of
the following items, and work of hauling and carrying logs with such
equipment:

A. Where the motor has a rated output of more than 7.5 kilowatts;
B. Where the total slope distance across the span is 350 meters or longer;
C. Where the maximum load is 200 kilograms or more.
11. Work which is carried out with a power-operated press machine in a
workplace having at least 5 such machines;
12. Work which is carried out with a woodworking machine (limited to
circular saw machines, band saw machines, planer machines, chamfering
machines and routers and excluding portable ones) in a workplace
having at least 5 such machines;
13. Work which is carried out with a loading-unloading machine in a
workplace having at least 5 such machines;
14. Work involving a crane with a capacity of 1 ton or more or work which
is carried out with a crane or hoist with a capacity of less than 1 ton
in a workplace having at least 5 such machines;
15. Work involving a construction lift and gondola;
16. Moulding and forging work;
17. Work on dead or live power lines with a voltage of 75 volts or higher;
18. Crushing work involving a concrete crusher (limited to the work of
crushing structures with a height of 2 meters or more);
19. Underground excavating work whose excavation surface has a height of
2 meters or more (excluding excavation of shafts other than tunnels and
vertical shafts);
20. Work of reinforcing sheathing timbering or of installing or dismantling
staging;
21. Excavation work inside tunnels (excluding excavation work involving a
excavating machine, which is carried out without requiring the worker
to go under the blade) or work of assembling or concreting tunnel form
timbering during the same work;
22. Rock excavating work whose excavation surface has a height of 2 meters
or more;
23. Work of piling up or knocking down a stack of objects not less than 2
meters high (excluding work which is carried out only with a loading-
unloading machine);
24. Work of loading, unloading or moving cargo on to or off ships;
25. Work of assembling or disassembling form staging;
26. Work of assembling, disassembling or altering scaffolding;
27. Work of assembling, disassembling or altering the framework of a building,
upper structures of a bridge or metal parts of a tower (limited to those
with a height of 5 meters or more);
28. Work of assembling structural parts of a wooden building whose eaves
height is 5 meters or more or installation work under the roof or outside
walls of a building;
29. Work of dismantling or demolishing artificial concrete structures (limited
to those with a height of 2 meters or more);
▮▮ 893
30. Work of installing and handling boilers (excluding small boilers and
boilers specified in each of the following items):
A. Steam boilers whose body has a radius of 750 millimeters or less and
a length of 1,300 millimeters or less;
B. Steam boilers with a heating surface of 3 square meters or less;
C. Hot-water boilers with a heating surface of 14 square meters or less;
D. Once-through boilers with a heating surface of 30 square meters or less.
31. Work of installing and handling pressure vessels with a gauge pressure
of 98 kilopascals(㎪) or more;
32. Work associated with radiation (excluding medical and laboratory work);
33. Work in manholes;
34. Work in closed spaces, which is prescribed by the Ordinance of the
Ministry of Employment and Labor;
35. Work of manufacturing or handling harmful substances requiring permission
under Article 30 and harmful substances subject to control, which is
prescribed by the Ordinance of the Ministry of Employment and Labor
(excluding the work of handling such substances for testing and
research purposes);
36. Work of disposing of and removing asbestos under Article 38-4 of the Act;
37. Work involving robots;
38. Work generating strong noise, which is prescribed by the Ordinance of

Type and Size of Business Where Safety Manager Shall Be

Appointed, Number of Safety Managers and Appointment Method
No. of
Type of business Size safety Appointment method
mangers
1. Quarrying of stone, sand and 500 Two or Two or more safety
gravel ordinarily more managers shall be appointed
2. Manufacture of food products, employed from among those falling
manufacture of beverages workers or under any subparagraph of
3. Manufacture of wood and more Table 4 (excluding those
wood and cork products; falling under subparagraphs
except furniture 9, 12 and 13 of Table 4) and
4. Manufacture of pulp, paper include one or more persons
and paper products falling under subparagraph
5. Manufacture of coke, 1, 2 or 6 of Table 4.
hard-coal and lignite fuel 50 or more One or One or more safety
briquettes and refined but less than more managers shall be appointed
petroleum products 500 from among those falling
6. Manufacture of chemicals and ordinarily under any subparagraph of
chemical products; except employed Table 4 (excluding those
pharmaceuticals and workers falling under subparagraphs
medicinal chemicals 4, 5, 9, 12 and 13 of Table 4).
7. Manufacture of pharmaceuticals,
medicinal chemicals and
botanical products
8. Manufacture of rubber and
plastic products
9. Manufacture of non-metallic
mineral products
10. Manufacture of basic metal
products
11. Manufacture of fabricated
metal products; except
12. Manufacture of electronic
components, computer,
radio, television and
communication equipment
and apparatuses
13. Manufacture of medical,
precision and optical
instruments, watches and
clocks
14. Manufacture of electrical
▮▮ 895
equipment
15. Manufacture of other
machinery and equipment
16. Manufacture of motor
vehicles, trailers and
semitrailers
transport equipment
19. Other manufacturing, n.e.c.
20. Publishing of books,
magazines and other
publications
21. Recovery of metal and
non-metal waste and scrap
22. General repair services of
motor vehicles, repair
services of motor vehicles
specializing in parts
23. Agriculture, forestry and 1,000 Two or Two or more safety

fishing ordinarily more managers shall be appointed
24. Manufacturing excluding employed from among those falling
businesses specified in workers or under any subparagraph of
subparagraphs 2 through 19 more Table 4 (excluding those
25. Electricity, gas, steam and falling under subparagraph 9
water supply of Table 4) and include one
26. Sewage, waste management, or more persons falling
materials recovery and under any of subparagraphs
remediation activities 1 through 3, 6 or 7 of Table
(excluding businesses falling 4.
under subparagraph 21)
27. Transportation
28. Wholesale and retail trade
29. Accommodation and food
service activities
30. Motion picture, video and
television program
production, sound recording
and music publishing
activities
31. Broadcasting
32. Telecommunications
33. Real estate activities and
renting and leasing
34. Research and development
35. Photograph processing
36. Business facilities
management and landscape
services

37. Human health

38. Arts, sports and recreation
related services
39 Maintenance and repair
services (excluding
businesses falling under
subparagraph 22)
40. Other personal services
50 or more One or One or more safety

but less than more managers shall be appointed
1,000 from among those falling
ordinarily under any subparagraph of
employed Table 4 (excluding those
workers falling under subparagraphs
4, 5, 12 and 13 of Table 4:
Provided that this shall not
apply to persons falling
under subparagraphs 4 and
5 of Table 4 in the case of
businesses specified in
subparagraphs 23, 25, 26 and
28 through 40).
41. Construction Construction Two or Safety managers shall be
cost of 80 more appointed from among those
billion won (One falling under any
or more or additional subparagraph of Table 4
600 or more safety (excluding those falling
workers manager under subparagraph 12 of
shall be Table) and include one or
appointed more persons who fall under
each time subparagraph 4 or 5 of Table
the 4 or who fall under any of
constructi subparagraphs 1 through 3
on cost or subparagraphs 6 through
increases 13 of Table 4 and have 3
by 70 years or more of experience
billion as safety managers in the
won, construction industry:
starting Provided that in any of the
from 80 following cases, a safety
billion manager may be appointed
won or in accordance with the
each time criteria specified in each item
the below:
number
of
ordinarily
employed
workers
▮▮ 897
increases
by 300,
starting
from 600.)
A. Where a business ordinarily
employs fewer than 600
workers although its
construction cost amounts
to 80 billion won or more,
during a period
representing 15 after the
start of construction and 15
before the end of
construction if the entire
construction period is set at
100, it may appoint one or
more safety managers who
fall under subparagraph 4 or
5 of Table 4 or who fall under
any of subparagraphs 1
through 3 or 6 through 13
of Table 4 and have 3 years
or more of experience as
safety managers in the
construction industry;
B. Where a business engages
in long-term construction
work whose period is 5
years or longer and
ordinarily employs fewer
than 600 workers although
its construction cost
amounts to 80 billion won
or more, during a period
corresponding to less than 5
percent of its total
construction cost for the
fiscal year (excluding a
period representing 15 after
the start of construction and
15 before the end of
construction under item A),
it may appoint one less
safety manager than the
number of safety managers
it is required to appoint on
the basis of its total
construction cost. In such
cases, the appointed safety

managers shall include one

or more persons who fall
under subparagraph 4 or 5
of Table 4 or who fall under
any of subparagraphs 1
through 3 or 6 through 13
of Table 4 and have 3 years
or more of experience as
safety managers in the
construction industry.
Construction One or One or more safety

cost of 12 more managers shall be
billion won appointed from among
or more (15 those falling under any
billion won subparagraph of Table 4
or more in (excluding those falling
cases of civil under subparagraph 12 of
engineering Table 4).
work under
Table 1 of
the
Enforcement
Decree of
the
Framework
Act on the
Construction
Industry) but
less than 80
billion won
or 300 or
more but
less than 600
ordinarily
employed
workers
Remarks:
In the case of workplaces which shall submit a harm and hazard prevention plan
under Article 48 (3) of the Act and are required to appoint three safety managers
or more in accordance with the above Table, their appointed safety managers
shall include one or more persons who have acquired a professional engineer
qualification in construction safety under Article 8-2 (2) of the National Technical
Qualifications Act (including those who acquired a engineer qualification in
construction safety or industrial safety and have performed duties concerning
construction safety for 10 years or more or those who acquired a industrial
engineer qualification in construction safety or industrial safety and have
performed duties concerning construction safety for 13 years or more).
▮▮ 899
Qualifications for Safety Manager

A safety manager shall be a person falling under any of the following

subparagrphs:
1. An occupational safety consultant under Article 52-2 (1) of the Act;

2. A person who has acquired a qualification equal to or higher than an
engineer qualification in industrial safety under the National Technical
Qualifications Act;
3. A person who has acquired an industrial engineer qualification in industrial
safety under the National Technical Qualifications Act;
engineer qualification in construction safety under the National Technical
Qualifications Act;
5. A person who has acquired an industrial engineer qualification in
construction safety under the National Technical Qualifications Act;
6. A person who has graduated from a school equivalent to or higher than
a four-year university under the Higher Education Act, majoring in a
subject related to occupational safety, or a person who has an equivalent
or higher level of educational attainment;
7. A person who has graduated from a junior college under the Higher
Education Act or a school equivalent to or higher than that, majoring in
a subject related to occupational safety;
8. A person who has graduated from a junior college under the Higher
Education Act or a school equivalent to or higher than that in the field
of science and engineering, has been in charge of the duties of a
supervisor (practical experience in construction in the case of the
construction industry) in the business concerned for three years (one
year for science and engineering graduates from four-year universities) or
more and has passed a particular examination after receiving education
(limited to education provided before December 31, 1998) provided by
an institution designated by the Minister of Employment [Such a person
is eligible to become a safety manager only in workplaces with less than
300 ordinarily employed workers, except in the case of the construction
industry, and falling into the same category of industry (based on the
sections of the Korean Standard Industrial Classification) as the business
he/she was engaged in as a supervisor];
9. A person who has graduated from a technical high school under the
Elementary and Secondary Education Act or a school equivalent to or
higher than that, has been in charge of the duties of a supervisor (practical
experience in construction in the case of the construction industry) in the
business concerned for five years or more and has passed a particular
examination after receiving education (limited to education provided

before December 31, 1998) provided by an institution designated by the

Minister of Employment and Labor [Such a person is eligible to become
a safety manager only in businesses under subparagraph 27 or 32 of
Table 3 (limited to businesses with 50 or more but less than 1,000 ordinarily
employed workers), except in the case of the construction industry, and
falling into the same category of industry (based on the sections of the
Korean Standard Industrial Classification) as the business he/she was
engaged in as a supervisor];
10. A person who has acquired a safety manager qualification under paragraph
(3) of the Addenda of the Enforcement Decree of the Occupational Safety
and Health Act amended by Presidential Decree no. 11886;
11. A person falling under any of the following items (Such a person is
eligible for appointment only in businesses to which the relevant Act is
applicable):
A. A safety control manager employed by a business operator who has
obtained permission under Article 4 of the High-Pressure Gas Control
Act and Article 3 (1) of the Enforcement Decree of the same Act in a
high-pressure gas manufacturing, storage or sales business, pursuant
to Article 15 of the same Act and Article 12 of the Enforcement
Decree of the same Act;
B. A safety control manager employed by a business operator who has
obtained permission under Article 3 of the Safety Control and Business
of Liquefied Petroleum Gas Act and Article 3 of the Enforcement Decree
of the same Act in a liquefied petroleum gas filling business, liquefied
petroleum gas collective supply business or liquefied petroleum gas
sales business, pursuant to Article 16 of the same Act and Article 5 of
the Enforcement Decree of the same Act;
C. A safety control manager employed pursuant to Article 29 of the Urban
Gas Business Act and Article 15 of the Enforcement Decree of the
same Act;
D. A person who has acquired a traffic safety supervisor qualification under
Article 53 of the Traffic Safety Act and is employed as a traffic safety
supervisor in the relevant field;
E. An explosives manufacturing security manager or explosives control security
manager employed in an explosives manufacturing, sales or storage
business under Article 2 (3) of the Control of Firearms, Swords, Explosives,
etc., Act pursuant to Article 27 of the same Act and Articles 54 and
55 of the Enforcement Decree of the same Act;
F. An electrical safety supervisor employed by an electricity business operator
pursuant to Article 73 of the Electricity Business Act
12. A person who has been in charge of safety-related duties for ten years
or more in a workplace (excluding construction businesses) required to
have a dedicated safety manager under Article 12 (2);
13. A person who has served as a safety and health manager under Article
13 of the Act for ten years or more at a construction site engaged in
executing general construction work under Article 8 of the Framework
Act on the Construction Industry.
▮▮ 901
[Table 4-2] <Amended on Jan. 26, 2012>
Standards for Imposition of Penalty Surcharges by Business

Suspension Period (relating to Article 15-6)
1. General standards
A. The amount of penalty surcharge shall be an amount calculated by
multiplying the business suspension period by the amount of penalty
surcharge per day calculated in accordance with item D;
B. Business suspension period refers to a period imposed in accordance
with the criteria for suspension of business under Article 63-2 (2) of
the Act;
C. The amount of penalty surcharge per day shall be calculated on the basis
of the total annual sales amount of a designated institution which has
committed an offence, in accordance with the table in subparagraph 2;
D. The total annual sales amount shall be based on the total sales amount
(amount reported pursuant to Article 4 of the Value-Added Tax Act)
for the year preceding the year to which the disposition date for the
relevant designated institution belongs: Provided that quarterly, monthly
or daily sales amounts may be converted or adjusted into a total
annual sales amount if the institution is unable to calculate its total
annual sales amount due to new business, temporary shutdown, etc.,
or it is deemed inappropriate to use a total annual sales amount as
the basis for calculation;
E. Notwithstanding item A, if the calculated amount of penalty surcharge
exceeds 100 million won, 100 million won shall be imposed.
F. The Minister of Employment and Labor may raise or reduce the amount
of penalty surcharge under item A by up to one half thereof, taking
into account the motive, details and frequency of the offence: Provided
that the total amount of penalty surcharge shall not exceed 100 billion
won even when it is raised.
2. Specific standards
Amount of penalty
Total sales amount for preceding year surcharge per day of
Grade
(Unit: 100 bil. won) business suspension
(Unit: 10,000 won)
1 1 or less 3
2 more than 1 but not exceeding 5 7

15 more than 65 `188
▮▮ 903

<Enforcement Date: Jan. 1, 2015> subparagraph 40
Type and Size of Business Where Health Manager Shall Be

Appointed, Number of Health Managers and Appointment Method
No. of
Appointment
Type of business Size health
method
managers
1. Mining and quarrying 2,000 Two or Two or more health
(excluding mining support ordinarily more managers shall be
services) employed appointed from among
2. Dyeing and finishing of workers or those falling under any
textiles more subparagraph of Table
3. Dressing and dyeing of fur, 6 and include one or
manufacture of articles of fur more persons falling
under subparagraph 1
or 2 of Table 6.
4. Manufacture of footwear and 500 or more Two or Two or more health
parts of footwear but less more managers shall be
5. Manufacture of coke, than 2,000 appointed from among
hard-coal and lignite fuel ordinarily those falling under any
briquettes and refined employed subparagraph of Table
petroleum products workers 6.
6. Manufacture of chemicals and 50 or more One or One or more health

chemical products but less more managers shall be
7. Manufacture of than appointed from among
pharmaceuticals, medicinal 500 those falling under any
chemicals and botanical ordinarily subparagraph of Table
products employed 6.
8. Manufacture of rubber and workers
plastic products
9. Manufacture of non-metallic
mineral products
10. Manufacture of basic metal
products
11. Manufacture of fabricated
metal products; except
machinery and equipment
13. Manufacture of electronic
components, computer,

radio, television and

communication equipment
and apparatuses
14. Manufacture of electrical
equipment
15. Manufacture of motor
vehicles, trailers and
semitrailers
transport equipment
18. Recovery of metal and
non-metal waste and scrap
19. General repair services of
motor vehicles, repair
services of motor vehicles
specializing in parts
20. Among businesses which
manufacture or use harmful
substances falling under any
subparagraph of Article 30
of this Decree, those
announced by the Minister
of Employment and Labor
where it is deemed
particularly necessary to
conduct health management
21. Manufacturing excluding 3,000 Two or Two or more health

businesses specified in ordinarily more managers shall be
subparagraphs 2 through 20 employed appointed from among
workers or those falling under any
more subparagraph of Table
6 and include one or
more persons falling
under subparagraph 1
or 2 of Table 6.
1,000 or Two or Two or more health

more but more managers shall be
less than appointed from among
3,000 those falling under any
ordinarily subparagraph of Table
employed 6.
workers
50 or more One or One or more health

but less more managers shall be
▮▮ 905
than 1,000 appointed from among

ordinarily those falling under any
employed subparagraph of Table
workers 6.
22. Agriculture, forestry and 5,000 Two or Two or more health

fishing ordinarily more managers shall be
23. Electricity, gas, steam and employed appointed from among
water supply workers or those falling under any
24. Sewage, waste management, more subparagraph of Table
materials recovery and 6 and include one or
remediation activities more persons falling
(excluding businesses falling under subparagraph 1
under subparagraph 18) of Table 6.
25. Transportation (excluding 50 or more One or One or more health
land transport and transport but less more managers shall be
via pipelines) than 5,000 appointed from among
26. Commuter rail systems ordinarily those falling under any
27. Wholesale and retail trade employed subparagraph of Table
28. Accommodation and food workers 6.
service activities
29. Publishing of books,
magazines and other
publications
30. Broadcasting
31. Telecommunications
32. Real estate activities
33. Research and development
34. Photograph processing
35. Business facilities
management and landscape
services
36. Human health
37. Golf course operation
38. Maintenance and repair
services (excluding
businesses falling under
subparagraph 19)
39. Washing and dry cleaning
services
40. Construction Construction One or One or more health
cost of 80 more managers shall be
billion won [One appointed from among
or more additional those falling under any
(100 billion health subparagraph of Table
won or manager 6.
more in shall be

cases of appointed
civil each time
engineering the
work under constructi
Table 1 of on cost
the increases
Enforcement by 140
Decree of billion
the won,
Framework starting
Act on the from 80
Construction billion
Industry) or won (100
600 billion
ordinarily won in
employed cases of
workers or civil
more engineerin
g work)
or each
time the
number of
ordinarily
employed
workers
increases
by 600,
starting
from 600.]
▮▮ 907
Qualifications for Health Manager

A health manager shall be a person falling under any of the following

subparagraphs:
1. A medical doctor under the Medical Service Act;

2. A nurse under the Medical Service Act;
3. An occupational health consultant under Article 52-2 (2) of the Act;
engineer qualification in industrial hygiene management or environmental
management (limited to atmospheric environment) under the National
Technical Qualifications Act;
5. A person who has acquired an industrial engineer qualification in
industrial hygiene or environmental management (limited to atmospheric
environment) under the National Technical Qualifications Act;
6. A person who has graduated in a subject related to occupational health
or occupational hygiene from a junior college under the Higher Education
Act or a school equivalent to or higher than that;
7. A person who has graduated in a subject related to health and hygiene
from a junior college under the Higher Education Act or a school equivalent
to or higher than that, and earned at least 12 credits in subjects
concerning occupational health and hygiene.

[Table 6-2] <Newly Inserted on Aug. 6, 2013>
Type and Size of Business Which Shall Establish and Operate

Occupational Safety and Health Committee
1. Quarrying of stone, sand and gravel 50 ordinarily employed

2. Manufacture of wood and of products of wood and workers or more
cork; except furniture
except pharmaceuticals and medicinal chemicals
(excluding manufacture of cleaning materials, cosmetics
and polish and manufacture of man-made fibers)
4. Manufacture of non-metallic mineral products
5. Manufacture of basic metal products
6 Manufacture of fabricated metal products; except
7. Manufacture of motor vehicles, trailers and semitrailers
8. Manufacture of other machinery and equipment
(excluding manufacture of office machinery and
equipment)
9. Manufacture of other transport equipment (excluding
manufacture of motor vehicles for combat)
10. Agriculture 300 ordinarily employed

11. Fishing workers or more
12. Software development and supply
13. Computer programming, consultancy and related activities
14. Information service activities
15. Financial and insurance activities
16. Renting and leasing; xcept real estate
17. Professional, scientific and technical activities
(excluding research and development)
18. Business support services
19. Social work activities
20. Construction Construction cost of 12

billion won or more
(15 billion won or more
in cases of civil
engineering work under
Table 1 of the
Enforcement Decree of the
Framework Act on the
Construction Industry)
21. Businesses excluding those specified in 100 ordinarily employed

subparagraphs 1 through 20. workers or more
▮▮ 909
[Table 6-3] <Amended on Mar. 12, 2014>
Manpower, Facility and Equipment Criteria Non-profit

Corporation or Relevant Professional Institution Shall Meet
to Provide In-house Entrusted Education
(relating to Article 26-10, subparagraph 2)
1. Common requirements
A. It shall always be equipped with facilities and equipment and keep

them available for use, but may use rented ones.
B. If it sets up a branch or local office, etc., to provide entrusted education,

each branch or local office shall be equipped with relevant manpower,
facilities and equipment.
2. Manpower criteria
A. At least one person falling under any of the following subparagraphs:

1) An occupational safety consultant, an occupational health consultant or a
professional engineer in an occupational safety and health-related field;
2) An occupational medicine specialist under the Medical Service Act;
3) A person who has two years or more of practical experience as an
occupational health nurse under the Medical Service Act;
4) A person who has five years or more of practical experience as
an engineer in an occupational safety and health-related field;
5) A person who has served as a public official of Grade V or higher in
the field of occupational safety and health for three years or more;
B. At least two persons falling under any of the following subparagraphs
in the fields of machinery, electricity, chemical engineering, construction,
health, occupational hygiene and safety management and related to the
contents of education entrusted to the educational institution:
1) A professional engineer in a related field;
2) A person who has two years or more of practical experience as an

engineer in a related field;
3) A person who has two years or more of practical experience as a

nurse under the Medical Service Act in the field of occupational health;
4) A person who has three years or more of practical experience as an

industrial engineer in a related field;

5) A person who has graduated from a school under subparagraphs 1, 2,

3, 5, 6 and 7 of Article 2 of the Higher Education Act (limited to
those which take four years to complete in the case of subparagraphs 2,
6 and 7) or is recognized as having an equivalent or higher level of
educational attainment under other Acts and subordinate statutes,
majoring in a related subject, and has two years or more of practical
experience.
3. Facility and equipment criteria
A. Office: 30㎡ or larger;
B. Classroom: total floor area of 120㎡ or more (It shall be equipped with
chairs, tables and educational equipment.).
▮▮ 911
[Table 6-4] <Amended on Mar. 12, 2014>
Manpower, Facility and Equipment Criteria for Institutions

Providing Basic Safety and Health Education in Construction
Industry
(relating to Article 26-11)
1. Common criteria
A. An institution shall always be equipped with facilities and equipment
and keep them available for use, but may use rented ones.
B. If an institution sets up a branch or local office, etc., to register itself
as an institution providing basic safety and health education in the
construction industry and provide such education, each branch or local
office shall be equipped with relevant manpower, facilities and equipment.
A. At least one person falling under any of the following subparagraphs:
1) An occupational safety consultant (in the field of construction safety),
an occupational health consultant or a professional engineer in the
field of construction safety or industrial hygiene management;
2) A person who holds an engineer qualification in construction safety
and has seven years or more of practical experience in the field of
construction safety;
3) A person who is an associate professor or in a higher position at a
university and has plenty of knowledge and experience in the field
of construction safety;
4) A person who is a public official of Grade V or higher, has a master's
degree in the field of occupational safety and health or is an
occupational health nurse and has three years or more of practical
experience in the field of occupational safety and health;
B. At least two persons falling under any of the following subparagraphs
(at least one person in each field of construction safety and occupational
health or hygiene)
1) An occupational safety consultant (in the field of construction safety),
an occupational health consultant or a professional engineer in the
field of construction safety or industrial hygiene management;
2) A person who holds an engineer qualification in construction safety
or industrial hygiene management and has one year or more of
relevant practical experience;
3) A person who holds an industrial engineer qualification in construction
safety or industrial hygiene management and has three years or more
of relevant practical experience;

4) A person who holds an engineer or industrial engineer qualification

in industrial safety and has one year (three years in the case of
industrial engineers in the field of industrial safety) or more of
practical experience in the field of construction safety;
5) A person who holds an engineer qualification in a construction-related
field and has one year or more of construction-related practical
experience;
6) A person equivalent to or higher than a highly-skilled engineer under
the Construction Technology Management Act;
7) A person who has graduated in an academic field related to
construction safety or occupational health and hygiene from a
four-year university under Article 2 of the Higher Education Act
(including those recognized as having an equivalent or higher level
of educational attainment under other Acts and subordinate statutes)
and has one year or more of relevant practical experience;
8) A person who has graduated in an academic field related to
construction safety or occupational health and hygiene from a junior
college under Article 2 of the Higher Education Act (including those
recognized as having an equivalent or higher level of educational
attainment under other Acts and subordinate statutes) and has three
years or more of relevant practical experience.
3. Facility and equipment criteria

A. Office: 30㎡;
B. Classroom: total floor area of 120㎡(It shall be equipped with supplies
necessary for education, such as chairs, desks and beam projectors, and
facilities or equipment for soundproofing, lighting, ventilation and
heating and cooling.)
▮▮ 913
[Table 6-5] <Amended on Aug. 6, 2013>
Manpower, Facility and Equipment Criteria for Institutions

Entrusted with Job Competency Education
(relating to 26-14)
1. Common requirements
A. An institution which intends to be entrusted with job competency
education shall have three basic employees (one general manager and
two instructors in related fields), and if it conducts education for a
different target group, shall secure one additional instructor in a
related field for each target group.
B. An institution shall always be equipped with facilities and equipment
and keep them available for use, but may use rented ones, and if
equipment it is required to have for each target group overlaps, such
equipment may be for common use.
C. If an institution sets up a branch or local office, etc., to register itself
as an institution entrusted with job competency education and provide
such education, each branch or local office shall be equipped with
relevant manpower, facilities and equipment.
A. Related fields by target group

Target group Related fields
- Safety and health managers Machinery, electricity, chemical

- Safety managers engineering, construction and
- Those engaged in specialized occupational safety
institutions providing guidance on
accident prevention
Occupational health, occupational

- Health managers hygiene, environment, occupational
health nursing, pharmacy, chemistry
and chemical engineering
B. Qualification criteria by type of employee

Classification Qualification criteria
1. A consultant, a professional engineer or a person with a

General master's degree or higher in a related field;
manager 2. A person who holds an engineer qualification in a related field
and has seven years or more of practical experience in that field;

3. A person who is an associate professor or in a higher position

at a university and has plenty of knowledge and experience in
a related field;
4. A person who is a public official of Grade V or higher or has
a master's degree in the field of labor and has three years or
more of practical experience in the field of occupational safety
or health.
1. A consultant, a professional engineer or a person with a

master's degree or higher in a related field;
2. A person who holds an engineer qualification in a related field
and has one year or more of practical experience in that field;
3. A person who holds an industrial engineer in a related field
and has three years or more of practical experience in that field;
4. A person who has graduated in a related subject from a
four-year university under Article 2 of the Higher Education
Act (including those who is recognized as having an
equivalent or higher level of educational attainment under
other Acts and subordinate statutes and has graduated in a
Instructor related subject) and has one year or more of practical
experience in a related field;
5. A person who has graduated in a related subject from a junior
college under Article 2 of the Higher Education Act (including
those who is recognized as having an equivalent or higher
level of educational attainment under other Acts and
subordinate statutes and has graduated in a related subject)
and has three years or more of practical experience in a
related field;
6. A person who is a public official of Grade VII or higher and
has three years or more of practical experience in the field of
occupational safety and health.
3. Facility criteria
A. Office: 30㎡
B. Classroom: total floor area of 120㎡(It shall be equipped with equipment,
such as chairs, desks and blackboards.)
4. Equipment criteria by target group
A. Safety managers and those engaged in specialized institutions providing

guidance on accident prevention
▮▮ 915
Quantity
Name of equipment
(piece)
○ Non-destruction testing equipment 1
○ Rotation speed meter 1
○ Temperature measuring instrument 1
○ Manometer 1
○ Noise dosimeter 1
○ Overload-limiting load-current detector 1
○ Insulation resistance meter 1
○ Clamp-on ground resistance meter 1
○ Electrostatic charge meter 1
○ Clamp meter 1
○ Electroscope (low, high and special high pressure types) 1
○ Combustible gas meter 1
○ Oxygen density meter 1
B. Health mangers (initial and continuing education)
Quantity
Name of equipment
(piece)
○ Sampling equipment for particular chemicals, organic solvents, 1 for each
etc. substance
○ Noise dosimeter 1
○ Dust monitor 1
○ Heat stress meter able to measure wet bulb globe temperature 1
(WBGT)
○ Gas detector 1
○ Oxygen density meter 1
○ Audio meter 1
○ Equipment for testing the performance of local exhaust ventilation 1
system
○ Cardiopulmonary resuscitation dummy 1
○ Blood pressure manometer 1
○ Stethoscope 1
○ Ear speculum and nasal speculum 1 for each

[Table 7] <Amended on Jan. 26, 2012>
Machines, instruments, etc., requiring protective measures

for harm and hazard prevention
1. Brush cutters
2. Centrifuges
3. Air compressors
4. Metal cutters
5. Forklifts
6. Packaging machines (limited to vacuum packaging machines and
wrapping machines)
▮▮ 917
Machines, Instruments, Equipment and Buildings, etc. for

Which Necessary Measures Shall Be Taken for Harm and
Hazard Prevention
1. Office and factory buildings

2. Movable cranes
3. Tower cranes
4. Bulldozers
5. Motor graders
6. Loaders
7. Scrapers
8. Scraper dozers
9. Power shovels
10. Drag lines
11. Clamshells
12. Bucket excavators
13. Trenches
14. Pile drivers
15. Pile extractors
16. Earth drills
17. Drilling machines
18. Earth augers
19. Paper drain machines
20. Lifts
21. Forklifts
22. Rollers
23. Concrete pumps
24. Other machines, instruments, equipment, buildings, etc. determined
by the Minister of Employment and Labor after deliberation at the
Industrial Accident Compensation Insurance and Prevention Deliberation
Committee.

Types and Contents of Safety and Health Diagnosis

(relating to Article 33-5)
Type Contents of diagnosis

Comprehensive 1. Assessment of managerial and administrative matters:
diagnosis A. The adequacy of an industrial accident prevention plan;
B. The adequacy of a safety and health management organization
and its duties;
C. The extent of workers' participation, including the
establishment and operation of an occupational safety and
health committee and the roles of an honorary inspector;
D. The adequacy of safety and health management regulations;
2. Causes of industrial accidents or accidents (limited to cases
where an industrial accident or an accident has occurred):
3. Assessment of working conditions and methods;
4. Measurement and analysis of harmful and hazardous elements;
A. Hazards due to machines, instruments or other equipment;
B. Hazards due to explosive, water-reactive, self- reactive and
self-heating substances, pyrophoric liquids and solids and
flammable liquids;
C. Hazards due to electricity, heat or other energy;
D. Hazards due to falls from elevated areas, collapses, strikes by
falling or flying objects, etc.;
E. Hazards due to other machines, instruments, equipment,
devices, structures, installations, raw materials, processes, etc.;
F. The harm and hazards of harmful substances for which
permission shall be obtained under Article 30, harmful
substances prescribed by the Ordinance of the Ministry of
Employment and Labor, which shall be subject to control, and
temperature, humidity, ventilation, noise, vibration, dust,
harmful rays, etc.
5. The adequacy of personal protective equipment, safety and
health equipment and facilities for improving work environments;
6. The adequacy of using, keeping and storing harmful
substances, preparing material safety data sheets, educating
workers and posting warning labels;
7. Other matters necessary for the improvement of work
environments and health management, such as maintenance
and promotion of workers' health;
Safety diagnosis Among the contents of comprehensive diagnosis, matters under

subparagraphs 2 and 3 and items A through E of subparagraph 4
and safety-related matters under subparagraph 5
Health Among the contents of comprehensive diagnosis, matters under
diagnosis subparagraphs 2 and 3 and item F of subparagraph 4,
health-related matters under subparagraph 6 and matters under
subparagraphs 6 and 7
▮▮ 919
[Enforcement Date] The amended provisions shall enter into force on the
date determined according to the following classification:
1. Workplaces ordinarily employing five or more workers: six months after
the date of promulgation
2. Workplaces ordinarily employing less than five workers: one and a half
year after the date of promulgation
Prescribed Amounts of Harmful or Hazardous Substances

Harmful or hazardous
No. Amount (kg)
substance
1 Flammable gas Manufacturing or handling: 5,000 (storage: 200,000)

2 Flammable liquids Manufacturing or handling: 5,000 (storage: 200,000)
3 Methyl isocyanate Manufacturing, handling or storage: 150
4 Phosgene Manufacturing, handling or storage: 750
5 Acrylonitrile Manufacturing, handling or storage: 20,000
6 Ammonia Manufacturing, handling or storage: 200,000
7 Chlorine Manufacturing, handling or storage: 20,000
8 Sulfur dioxide Manufacturing, handling or storage: 250,000
9 Sulfur trioxide Manufacturing, handling or storage: 75,000
10 Carbon disulfide Manufacturing, handling or storage: 5,000
11 Hydrogen cyanide Manufacturing, handling or storage: 1,000
12 Hydrogen fluoride Manufacturing, handling or storage: 1,000
(anhydrous
hydrofluoric acid)
13 Hydrogen chloride Manufacturing, handling or storage: 20,000
(anhydrous
hydrochloric acid)
14 Hydrogen sulfide Manufacturing, handling or storage: 1,000
15 Ammonium nitrate Manufacturing, handling or storage: 500,000
16 Nitro glycerine Manufacturing, handling or storage: 10,000
17 Trinitrotoluene Manufacturing, handling or storage: 50,000
18 Hydrogen Manufacturing, handling or storage: 50,000
19 Ethylene oxide Manufacturing, handling or storage: 10,000
20 Phosphine Manufacturing, handling or storage: 50
21 Silane Manufacturing, handling or storage: 50

22 Nitro acid (94.5% or Manufacturing, handling or storage: 250

greater by weight)
23 Fuming sulfuric acid Manufacturing, handling or storage: 500,000
(sulfur trioxide 65-80%
by weight)
24 Hydrogen peroxide Manufacturing, handling or storage: 3,500
(52% or greater by
weight)
25 Toluene Diisocyanate Manufacturing, handling or storage: 100,000
26 Sulfuryl Chloride Manufacturing, handling or storage: 500,000
27 Hydrogen bromide Manufacturing, handling or storage: 2,500
28 Phosphorus trichloride Manufacturing, handling or storage: 750,000
29 Benzyl chloride Manufacturing, handling or storage: 750,000
30 Chlorine dioxide Manufacturing, handling or storage: 500
31 Thionyl chloride Manufacturing, handling or storage: 150
32 Bromine Manufacturing, handling or storage: 100,000
33 Nitric oxide Manufacturing, handling or storage: 1,000
34 Boron trichloride Manufacturing, handling or storage: 1,500
35 Methyle ethyl ketone Manufacturing, handling or storage: 2,500
peroxide
36 Boron trifluoride Manufacturing, handling or storage: 150
37 Nitroaniline Manufacturing, handling or storage: 2,500
38 Chlorine trifluoride Manufacturing, handling or storage: 500
39 Fluorine Manufacturing, handling or storage: 20,000
40 Cyanuric fluoride Manufacturing, handling or storage: 50
41 Nitrogen trifluoride Manufacturing, handling or storage: 2,500
42 Nitro cellulose Manufacturing, handling or storage: 100,000
(nitrogen content
12.6% or more)
43 Benzoylperoxide Manufacturing, handling or storage: 3,500
44 Ammonium Manufacturing, handling or storage: 3,500
perchlorate
45 Dichlorosilane Manufacturing, handling or storage: 1,500
46 Diethyl aluminium Manufacturing, handling or storage: 2,500
chloride
47 Diisoprophyl Manufacturing, handling or storage: 3,500
peroxydicarbonate
48 Hydrofluoric acid (1% Manufacturing, handling or storage: 1,000
or greater by weight)
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49 Hydrochloric acid Manufacturing, handling or storage: 20,000

(10% or greater by
weight)
50 Sulfuric acid (10% or Manufacturing, handling or storage: 20,000
greater by weight)
51 Ammonium hydroxide Manufacturing, handling or storage: 20,000
(10% or greater by
weight)
Remarks
1. Flammable gas refers to a substance which has a lower flammable limit of 13 %
or less or has a difference of 12% or more between the lower and upper
flammable limits and remains gaseous at 20℃ and standard pressure (101.3 ㎪).
2. Flammable liquid refers to a combustible substance which has a flash point of
60℃ or less at standard pressure (101.3 ㎪) or is handled in a situation where
there is a risk of fire and explosion due to high-temperature or high-pressure
operating conditions.
3. Flash point refers to the lowest temperature measured by a flash point tester,
such as Tag closed cup or Pensky-Martene flash point tester, at standard
pressure(101.3 ㎪).
4. The prescribed amount of harmful and hazardous substance refers to the maximum
amount allowed to be manufactured, handled or stored for a day, including the
amount stored in manufacturing, handling or storage equipment during the
process.
5. The prescribed amounts are calculated based on 100% pure chemicals, but in the case
of a chemical whose concentration is specified, the prescribed amount is based on
that concentration.
6. In the case of manufacturing, handling or storing two or more kinds of harmful
and hazardous substances, if the value of R calculated using the following
formula after obtaining the amount of each relevant harmful or hazardous
substance manufactured, handled or stored is 1 or larger, the relevant
manufacturing, handling or storage equipment shall be regarded as harmful or
hazardous equipment. In such cases, in the case of manufacturing, handling or
storing the same kind of harmful and hazardous substance, their respective
amounts shall all be taken into account.
C1 C2 Cn
R= + + …………… +
T1 T2 Tn
Note) Cn: amount of each hazardous substance manufactured, handled or stored

Tn: prescribed amount of each hazardous substance
7. Gas in storage and selling facilities specializing in gas shall be excluded.

Range of Services Provided by Consultants in Each Service

Field
1. Occupational safety consultants (in the fields of mechanical safety,

electrical safety and chemical safety)
A. Guidance concerning the preparation of harm and hazard prevention
plans, safety and health improvement plans, work plans on machines,
instruments and equipment, such as tower cranes and electrical
equipment, and material safety data sheets;
B. Safety assessment and technical guidance concerning the design,
construction, layout, repair and maintenance of electrical and mechanical
instruments and equipment, chemical equipment and processes;
C. Technical guidance concerning the prevention, etc. of accidents caused
by automatic equipment, automatic control, explosion-proof electrical
equipment, power systems, electromagnetic waves and static electricity;
D. Safety assessment and technical guidance concerning flammable gas,
flammable liquids, explosive substances, acute toxic substances, explosion-
proof equipment, etc.;
E. Safety assessment concerning machines and instruments, such as cranes,
and electrical work;
F. Other education or technical guidance concerning machinery, electricity,
chemical engineering, etc.
2. Occupational safety consultants (in the field of construction safety)

plans, safety and health improvement plans and work plans on
construction and civil engineering;
B. Safety assessment concerning temporary structures, structures under
construction, demolition work, places at risk of collapse in construction
sites, etc.;
C. Safety assessment concerning temporary facilities, temporary roads, etc.;
D. Technical guidance concerning safety facilities for excavation work and
the prevention of ground failures and underground facility damage;
E. Other education or technical guidance concerning civil engineering,
construction, etc.
3. Occupational health consultants (in the field of occupational hygiene)

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plans, safety and health improvement plans and material safety data
sheets;
B. Technical guidance concerning engineering improvement measures based
on the results of work environment monitoring;
C. Technical guidance necessary to design and construct ventilation facilities
in places of work;
D. Occupational and environmental medicine-related guidance necessary to
improve work environments based on the results of health diagnosis;
E. Technical guidance concerning asbestos disposal and removal work;
F. Safety assessment and technical guidance concerning ventilation and
exhaust facilities in shafts, tunnels or confined spaces;
G. Other education or technical guidance concerning occupational health.
4. Occupational health consultants (in the field of occupational and

environmental medicine)
plans and safety and health improvement plans;
B. Guidance concerning the management of workers' health based on the
results of health examinations;
C. Necessary guidance for work management and health management to
prevent occupational diseases;
D. Technical guidance necessary to make improvements based on the
results of health diagnosis;
E. Other education or technical guidance concerning occupational and
environmental medicine and health management.

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INDUSTRIAL ACCIDENT COMPENSATION INSURANCE ACT
INDUSTRIAL ACCIDENT COMPENSATION INSURANCE

ACT
Act No. 1438, Nov. 5, 1963

Act No. 5398, Aug. 28, 1997
Act No. 5454, Dec. 13, 1997
Act No. 5505, Jan. 13, 1998
Act No. 5881, Feb. 8, 1999
Act No. 6073, Dec. 31, 1999
Act No. 6100, Dec. 31, 1999
Act No. 6590, Dec. 31, 2001
Act No. 7049, Dec. 31, 2003
Act No. 7155, Jan. 29, 2004
Act No. 7049, Dec. 31, 2003
Act No. 7155, Jan. 29, 2004
Act No. 7796, Dec. 29, 2005
Act No. 8373, Apr. 11, 2007
Act No. 8435, May 17, 2007
Wholly Amended by Act No. 8694, Dec. 14, 2007
Act No. 8835, Dec. 31, 2007
Act No. 8863, Feb. 29, 2008
Act No. 9319, Dec. 31, 2008
Act No. 9338, Jan. 7, 2009
Act No. 9794, Oct. 9, 2009
Act No 9988, Jan. 27, 2010
Act No. 10305, May 20, 2010
Act No. 10339, Jun. 4, 2010
Act No. 11141, Dec. 31, 2011
Act No. 11569, Dec. 18, 2012
CHAPTER Ⅰ
General Provisions
Article 1 (Purpose)
The purpose of this Act is to compensate workers rapidly
and fairly for their work-related accidents by carrying out
industrial accident compensation insurance activities, to establish
and operate insurance facilities to promote the rehabilitation of
accident victims and their return to society, and to contribute to
the protection of workers by preventing accidents and carrying
out other projects for promoting workers' welfare.
Article 2 (Management of Insurance and Insurance Year)
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(1) The industrial accident compensation insurance activities

(hereinafter referred to as “insurance activities”) prescribed by
this Act shall be managed by the Minister of Employment and
(2) The insurance year for the insurance activities prescribed
by this Act shall be the same as the fiscal year of the Government.
Article 3 (Finance and Support from the State)
(1) The State shall pay the expenses required for executing
affairs about insurance activities from the general account within
the limits of its budget every fiscal year.
(2) The State may support part of the expenses required for
insurance activities within the limits of its budget every fiscal year.
Article 4 (Insurance Premiums)
The premiums and other charges to be collected to finance
the expenses required for insurance activities under this Act
shall be subject to the conditions prescribed by the Act on the
Collection, etc., of Premiums for Employment Insurance and
Industrial Accident Compensation Insurance (hereinafter referred
to as “the Insurance Premium Collection Act”)
The terms used in this Act are defined as follows: <Amended
by Act No. 9988, Jan. 27, 2010 and Act No. 11569, Dec. 18, 2012>
1. The term “work-related accident” means any injury,
disease, disability or death of a worker, which is caused
by his/her duties;
2. The term “worker”, “wages”, “average wages”, and “ordinary
wages” means the “worker”, “wages”, “average wages”,
and “ordinary wages” defined by the Labor Standards
Act: Provided that if it is deemed difficult to determine
“wages” or “average wages” pursuant to the Labor Standards
Act, the amount determined and announced publicly by
the Minister of Employment and Labor shall be the
“wages” or “average wages”; <Amended by Act No. 10339,
Jun. 4, 2010>
3. The term “survivors” means the spouse (including a
person who has a de facto marital relation; hereinafter
the same shall apply), children, parents, grandchildren,
grandparents or brothers and sisters of a deceased person;
4. The term “cure” means reaching a state in which an
injury or a disease has been completely cured or no further

effect of treatment is expected with its symptoms remaining

fixed;
5. The term “disability” refers to a state in which an injury
or a disease has been cured but abilities to work have
been lost or decreased due to mental or physical damage;
6. The term “invalidity” refers to a state in which the ability
to work has been lost or reduced because of the mental
or physical damage caused by a work-related injury or
disease, and the injury or disease remains uncured.
7. The term "pneumoconiosis" refers to a lung disease, the
main symptom of which is fibroplasia caused by inhalation
of dust.
This Act shall apply to businesses or workplaces employing
workers(hereinafter referred to as “businesses”): Provided that
this Act shall not apply to the businesses determined in the
Presidential Decree in consideration of their hazard rate, size,
location, etc.
Article 7 (Establishment and Termination of Insurance Relationship)
The establishment and termination of insurance relationships
under this Act shall be subject to the provisions of the Insurance
Premium Collection Act.
Article 8 (Deliberation Committee on Industrial Accident Compensation
Insurance and Prevention)
(1) In order to deliberate important matters concerning industrial
accident compensation insurance and prevention, the Deliberation
Committee on Industrial Accident Compensation Insurance and
Prevention (hereinafter referred to as the “Committee”) shall be
established in the Ministry of Employment and Labor. <Amended
by Act No. 10339, Jun. 4, 2010>
(2) The Committee shall be composed of members representing
workers, employers and public interests, but the number of
members representing each section shall be equal.
(3) For the purpose of examining the matters to be deliberated,
and assisting the deliberation of the Committee, an expert committee
may be established in the Committee.
(4) Necessary matters concerning the organization, functions
and operation of the Committee and an expert committee shall
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Article 9 (Survey and Research on Insurance Activities)

(1) The Minister of Employment and Labor may conduct a
survey or research in order to effectively manage and operate
insurance activities. <Amended by Act No. 10339, Jun. 4, 2010>
necessary, have some of the works referred to in paragraph (1)
conducted by those prescribed in the Presidential Decree.
CHAPTER Ⅱ
Korea Workers' Compensation & Welfare Service
Article 10 (Establishment of Korea Workers' Compensation & Welfare

Service)
In order to efficiently carry out activities aimed at attaining
the purpose prescribed in Article 1 under the entrustment of
the Minister of Employment and Labor, the Korea Workers'
Compensation & Welfare Service (hereinafter referred to as the
“Corporation”) shall be established. <Amended by Act No. 10339,
Jun. 4, 2010>
Article 11 (Activities of Corporation)
(1) The Corporation shall carry out the activities described
in any of the following subparagraphs: <Amended by Act No.
9988, Jan. 27, 2010>
1. Management and maintenance of records on insurance
subscribers and beneficiaries;
2. Collection of premiums and other charges under the
3. Decision on and payment of insurance benefits;
4. Review and decision on a request for examination on
decisions, etc., of insurance benefits;
5. Establishment and operation of industrial accident
compensation insurance facilities;
5-2. Medical care and rehabilitation for workers, etc., who
have a work-related accident;
5-3. Research and development, testing and supply of
rehabilitation equipment and assistive devices;

6. Activities aimed at improving the welfare of workers;

7. Other activities entrusted by the Government;
8. Activities incidental to those as referred to in subparagraphs
5, 5-2, 5-3, 6 and 7.
(2) The Corporation may set up and operate a medical or
research institution to carry out the activities prescribed in paragraph
(1) 5-2 and 5-3. <Newly inserted by Act No. 9988, Jan. 27, 2010>
(3) In order to give advice necessary for carrying out the
activities under paragraph (1) 3, an insurance benefit advisory
committee composed of relevant experts may be set up in the
Corporation. <Amended by Act No. 9988, Jan. 27, 2010>
(4) Necessary matters concerning the composition and operation
of the insurance benefit advisory committee under paragraph (3)
shall be determined by the Corporation. <Amended by Act No.
9988, Jan. 27, 2010>
Article 12 (Legal Personality)
The Corporation shall be a juristic person.
Article 13 (Office)
(1) The location of the principal office of the Corporation
shall be prescribed by its bylaws.
(2) The Corporation may, if necessary, establish a branch
office under the conditions as prescribed by its bylaws.
Article 14 (Bylaws)
(1) The bylaws of the Corporation shall include the matters
described in any of the following subparagraphs:
1. Objectives;
2. Title;
3. Matters concerning its principal and branch offices;
4. Matters concerning its officers and employees;
5. Matters concerning its board of directors;
6. Matters concerning its activities;
7. Matters concerning its budget and settlement of accounts;
8. Matters concerning its assets and accounting;
9. Matters concerning changes in its bylaws;
10. Matters concerning the enactment, revision and repeal of
its internal regulations;
11. Matters concerning public notice.
(2) The bylaws of the Corporation shall be authorized by
the Minister of Employment and Labor. This provision shall also
apply in case where it is intended to modify them.
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Article 15 (Registration of Establishment)

The Corporation shall come into existence by registering its
establishment in the area where its principal office is located.
Article 16 (Officers)
(1) The officers of the Corporation shall be fifteen or less
directors, including a president and four standing directors, and
an auditor. <Amended by Act No. 9988, Jan. 27, 2010>
(2) The appointment and removal of the president, standing
directors and auditor shall be subject to Article 26 of the Act
on the Management of Public Institutions. <Amended by Act No.
9988, Jan. 27, 2010>
(3) Non-standing directors (excluding those appointed as
ex-officio non-standing directors pursuant to paragraph (4)) shall
be appointed by the Minister of Employment and Labor from
among those who fall under any of the following subparagraphs
pursuant to Article 26 (3) of the Act on the Management of Public
Institutions. In this case, the number of non-standing directors
falling under subparagraphs 1 and 2 shall be equal unless no
person is recommended by either the trade union or the
employers' organization: <Newly Inserted by Act No. 9988, Jan. 27,
2010, Act No. 10305, May 20, 2010 and Act No. 10339, Jun. 4, 2010>
1. A person recommended by a trade union which is a
confederation;
2. A person recommended by an employers' organization
with nationwide representation;
3. A person with plenty of knowledge and experience in
social insurance or labor welfare projects, who is recommended
by the executive recommendation committee under Article
29 of the Management of Public Institutions.
(4) Those who shall be appointed as ex-officio non-standing
directors are described in the following subpargraphs: <Newly
Inserted by Act No. 9988, Jan. 27, 2010, Act No. 10339, Jun. 4, 2010>
1. One person designated by the Minister of Strategy and Finance
from among public officials of Grade Ⅲ in charge of budget
for the Corporation in the Minister of Strategy and Finance
or general public officials belonging to the Senior Civil
Service;
2. One person designated by the Minister of Employment and
Labor from among public officials of grade Ⅲ in charge
of the work of industrial accident compensation insurance
in the Ministry of Employment and Labor or general public

officials belonging to the Senior Civil Service.

(5) The non-standing directors shall not be paid any remuneration:
Provided that they may be paid the actual expenses needed for
performing their duties. <Amended by Act No. 9988, Jan. 27, 2010>
Article 17 (Term of Office for Officers)
The president shall serve for a term of three years and the
directors and auditor for a term of two years, which may be
renewed for one year at a time. <Amended by Act No. 9988, Jan.
27, 2010>
Article 18 (Duties of Officers)
(1) The president shall represent the Corporation, and be in
overall charge of the affairs of the Corporation.
(2) The standing directors shall divide the work of the
Corporation　 between themselves pursuant to the bylaws, and if
the president is absent due to an accident, shall perform his/her
duties on behalf of him/her in such order as prescribed by the
bylaws.
(3) The auditor shall audit the work and accounting of the
Corporation.
Article 19 (Grounds for Disqualification and Compulsory Resignation
of Officers)
shall not be able to become an officer of the Corporation:
1. A person who falls within the grounds for disqualification
prescribed in each subparagraph of Article 33 of the State
Public Official Act;
2. A person who falls under Article 34 (1) 2 of the Act on
the Management of Public Institutions.
Article 20 (Removal of Officers)
The removal of an officer shall be subject to Articles 22 (1),
31 (6), 35 (2) and (3), 36 (2) and 48 (4) and (8) of the Act on
the Management of Public Institutions.
Article 21 (Restriction, etc., on Holding Concurrent Office by
Officer or Employee)
(1) The permanent officers and employees of the Corporation
shall not be engaged in for-profit work other than their duties.
▮▮ 957
(2) If a permanent officer has got permission from the

person authorized to appoint or recommend pursuant to Article
26 of the Act on the Management of Public Institutions or an
employee has got permission from the president, he/she may
perform not-for-profit work concurrently. <Newly Inserted by Act
No. 9988, Jan. 27, 2010>
(3) A person who is or was an officer or employee of the
Corporation shall not disclose confidential information acquired
while performing duties. <Amended by Act No. 9988, Jan. 27,
2010>
Article 22 (Board of Directors)
(1) In order to deliberate and decide on the matters prescribed
in each subparagraph of Article 17 (1) of the Act on the
Management of Public Institutions, the board of directors shall
be set up.
(2) The board of directors shall be composed of directors
including the president.
(3) The president shall chair the board of directors.
(4) The board of directors shall be convened at the request
of its chair or one third or more of the current directors, and
make a decision with the approval of a majority of the current
directors.
(5) The auditor may attend a meeting of the board of directors
and state his/her opinions.
Article 23 (Appointment and Dismissal of Employees and Selection
of Representative)
(1) The chairman shall appoint and dismiss employees of
the Corporation under the conditions as prescribed by its bylaws.
(2) The chairman may select a representative who has the
authority to conduct any judicial or extra judicial act related to
affairs of the Corporation, from among the employees, under
the conditions as prescribed by the bylaws.
Article 24 (Fiction as Public Official in Application of Penal Provisions)
The officers and employees of the Corporation shall be
considered as public officials in applying penal provisions pursuant
to Articles 129 through 132 of the Criminal Act.
Article 25 (Direction and Control of Affairs)
(1) The Corporation shall obtain the approval of the Minister
of Employment and Labor on its operational plans and budget

for each fiscal year, under the conditions as prescribed by the

(2) The Corporation shall report actual operational results
and a statement of accounts to the Minister of Employment and
Labor within two months after the end of each fiscal year.
Corporation to make a report on its activities, check the state of
its activities or assets, and if deemed necessary, take measures
necessary for supervision, such as ordering a modification of its
bylaws, etc. <Amended by Act No. 10339, Jun. 4, 2010>
Article 26 (Accounting of Corporation)
(1) The fiscal year of the Corporation shall be the same as
that of the Government.
(2) The Corporation shall account for insurance activities
separately from its other activities.
(3) The Corporation shall set accounting rules with the
approval of the Minister of Employment and Labor. <Amended
by Act No. 10339, Jun. 4, 2010>
Article 27 (Borrowing, etc. of Funds)
(1) If it is required for the activities prescribed in Article 11,
the Corporation may borrow funds (including borrowing from
international organizations, foreign governments or foreigners)
with the approval of the Minister of Employment and Labor.
(2) If the expenditure exceeds the revenue in connection
with insurance activities for each fiscal year, the Corporation may
bring in funds from the Industrial Accident Compensation Insurance
and Prevention Fund under Article 95 with the approval of the
Minister of Employment and Labor, within the limits of liability
reserves under Article 99, to finance the shortfall. <Amended by
Act No. 10339, Jun. 4, 2010>
Article 28 (Settlement of Surplus)
If any surplus remains as a result of the settlement of
accounts at the end of each fiscal year, the Corporation shall
divide it by type of account, use it to make up for shortfalls,
and then reserve the remainder as prescribed in the accounting
rules of the Corporation.
Article 29 (Delegation and Entrustment of Authority or Work)
(1) The authority of the president of the Corporation under
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this Act may be partially delegated to the head of its branch

office (hereinafter referred to as “affiliate organization") under
the conditions prescribed in the Presidential Decree.
(2) The work of the Corporation under this Act may be
partially entrusted to a postal service agency or financial institution
under the conditions prescribed in the Presidential Decree.
Article 30 (Collection of Fees, etc.)
With respect to the activities prescribed in Article 11, the
Corporation may have beneficiaries pay the expenses needed for
its activities, such as charges for the use of the Corporation's
facilities, fees for the entrustment of affairs, etc., with the approval
of the Minister of Employment and Labor. <Amended by Act No.
10339, Jun. 4, 2010>
Article 31 (Request for Provision of Materials)
(1) The Corporation may, if it is deemed necessary to efficiently
carry out insurance activities, request relevant administrative
agencies, such as the National Tax Service and local governments,
or institutions, organizations, etc., involved in insurance activities,
to provide necessary materials.
(2) Relevant administrative agencies or institutions, organizations,
etc., related to insurance activities which receives a request to
provide materials pursuant to paragraph (1) shall not decline
the request with no justifiable reasons.
(3) Materials provided pursuant to paragraph (1) shall be
exempt from fees or charges, etc.
Article 32 (Investment, etc.)
(1) If it is necessary for carrying out activities efficiently, the
Corporation may make investment in or contribution to the
activities prescribed in subparagraphs 5, 5-2, 5-3, 6 and 7 of
Article 11 (1). <Amended by Act No. 9988, Jan. 27, 2010>
(2) Necessary matters concerning the investment and contribution
referred to in paragraphs (1) shall be prescribed by the
Article 33 Deleted <Act No. 9988, Jan. 27, 2010>
Article 34 (Prohibition of Use of Similar Title)
No person other than the Corporation shall use as his/her
title the Korea Workers' Compensation & Welfare Service or
any similar term thereto.

Article 35 (Mutatis Mutandis Application of Civil Act)

Except as otherwise provided in this Act and the Act on the
Management of Public Institutions, the provisions of the Civil
Act concerning foundations shall apply mutatis mutandis with
regard to the Corporation.
CHAPTER Ⅲ
Insurance Benefits
Article 36 (Types of Insurance Benefits and Criteria, etc., for Their

Calculation)
(1) Types of insurance benefits are as follows:
1. Medical care benefits;
2. Wage replacement benefits;
3. Disability benefits;
4. Nursing benefits
5. Survivors benefits;
6. Injury-disease compensation annuities;
7. Funeral expenses;
8. Vocational rehabilitation benefits.
Notwithstanding the insurance benefits referred to above, the
types of pneumoconiosis insurance benefits are confined to medical
care benefits of subparagraph 1, nursing benefits of subparagraph
4, funeral expenses of subparagraph 7, vocational rehabilitation
benefits of subparagraph 8, the pneumoconiosis compensation
pension in accordance with Article 91 (3), and the pneumoconiosis
survivors pension under Article 91 (4). <Amended by Act No. 10305,
May 20, 2010>
(2) The insurance benefits referred to in paragraph (1) shall
be paid at the request of a person entitled to such insurance
benefits under Articles 40, 52 through 57, 60 through 62, 66
through 69, 71, 72, 91-3 and 91-4 (hereinafter referred to as
“beneficiary”). <Amended by Act No. 10305, May 20, 2010>
(3) In calculating insurance benefits, if more than one year
has passed since the reason for calculating the average wage of
the worker concerned occurred, the average wage shall be increased
▮▮ 961
or decreased according to the rate of increase or decrease in the

average wages of all workers each year, and in case the age of
the worker is 60 or above, shall be increased or decreased
according to the rate of change in consumer prices. Provided
that, insurance benefits for workers with pneumoconiosis whose
average wage is calculated according to subparagraph 6 shall be
excluded. <Amended by Act No. 10305, May 20, 2010>
(4) The standards for and methods of the calculation of the
rate of increase or decrease in the average wages of all workers
and the rate of change in consumer prices under paragraph (3)
shall be prescribed by the Presidential Decree. In such cases, the
calculated rate of increase or decrease and rate of change shall
be publicly announced by the Minister of Employment and
Labor every year. <Amended by Act No. 10339, Jun. 4, 2010>
(5) In calculating insurance benefits (excluding the
pneumoconiosis compensation annuity and pneumoconiosis survivors
annuity), in such cases as prescribed by the Presidential Decree
where it is deemed inappropriate to apply the average wage of
the worker due to his/her unusual type of employment, an amount
calculated according to the calculation method prescribed by the
Presidential Decree shall be considered as the average wage.
<Amended by Act No. 10305, May 20, 2010>
(6) In calculating insurance benefits, where it is deemed
inappropriate to apply the average wage of the worker who is
to receive insurance benefits for the occupational diseases prescribed
by the Presidential Decree, such as pneumoconiosis, from the
standpoint of protecting such a worker, an amount calculated
according to the calculation methods prescribed by the Presidential
Decree shall be the average wage of the worker concerned.
(7) In calculating insurance benefits (excluding funeral expenses),
where the average wage of the worker or the average wages
based on which insurance benefits are calculated pursuant to
paragraphs (3) through (6) is either more than 1.8 times
(hereinafter referred to as the “maximum standard amount of
compensation”) or less than half (hereinafter referred to as the
“minimum standard amount of compensation”) the amount of
the average wages of all workers, the maximum standard
amount of compensation or the minimum standard amount of
compensation shall be considered as the average wage of the
worker concerned: Provided that the minimum standard amount
of compensation shall not be applied in calculating wage replacement

benefits and injury-disease compensation annuities.

(8) The calculation method and application duration of the
maximum or minimum standard amount of compensation shall
be prescribed by the Presidential Decree. In such cases, the
calculated maximum or minimum standard amount of compensation
shall be publicly announced by the Minister of Employment and
Labor every year. <Amended by Act No. 10339, Jun. 4, 2010>
Article 37 (Criteria for Recognition of Work-related Accidents)
(1) If a worker sustains an injury, a disability or disease or
dies for any of the causes described in the following subparagraphs,
the injury, disease, disability or death shall be considered as a
work-related accident: Provided that this shall not apply in case
there is no causal relationship between the work and accident:
1. Work-related accidents
A. An accident which happens while the worker is
performing work or an act in accordance with his/her
employment contract;
B. An accident which happens due to a defect in, or the
careless management of, facilities, etc., provided by the
employer while the worker is using these facilities, etc.;
C. An accident which happens while the worker is commuting
to and from work under the control of the employer,
such as using transportation provided by the employer
or the equivalent thereof;
D. An accident that happens while the worker is participating
in or preparing an event organized by the employer
or an event following the directions of the employer;
E. An accident which happens during recess hours due to
an act that can be seen as under the control of the
employer;
F. Other accidents which happen in relation to work
2. Work-related diseases
A. A disease which occurs due to the handling of, or exposure
to, elements, including physical agents, chemical substances,
dust, pathogens, and physically straining work, which
could harm a worker's health while he/she is performing
his/her duties;
B. A disease which occurs as a result of a work-related
injury;
C. Other diseases which occur in relation to work
(2) The injury, disease, disability or death of a worker, which
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arises from or is caused by his/her intentional or self-harming

act or criminal act shall not be considered as a work-related
accident: Provided that if the injury, disease, disability or death
occurs due to an act committed when the worker's level of
cognitive ability, etc., is obviously low and there is the cause
prescribed by the Presidential Decree, it shall be considered as
a work-related accident.
(3) The specific criteria for recognizing work-related accidents
Article 38 (Work-related Disease Adjudication Committee)
(1) To deliberate on whether or not to recognize a disease
as the work-related disease referred to in Article 37 (1) 2, the
Work-related Disease Adjudication Committee (hereinafter referred
to as the “Adjudication Committee”) shall be set up within an
affiliate organization of the Corporation.
(2) The diseases excluded from the deliberation of the
Adjudication Committee and deliberation procedures shall be
of the Adjudication Committee shall be prescribed by the
Article 39 (Presumption of Death)
(1) If a worker aboard a ship or aircraft which had an
accident has not been found dead or alive or if a worker
aboard a ship or aircraft on voyages went missing or has not
been found dead or alive for other reasons, he/she shall be
presumed to be dead under the conditions as prescribed by the
Presidential Decree, and the provisions concerning survivors
benefits and funeral expenses shall apply.
(2) If after insurance benefits are paid under the presumption
of death as referred to in paragraph (1), the survival of the worker
concerned is confirmed, the paid amount in case of a bona fide
recipient and twice that amount in case of a mala fide recipient
shall be collected from the person who received the benefits.
Article 40 (Medical Care Benefits)
(1) Medical care benefits shall be paid to a worker if the
worker gets an injury or a disease for work-related causes.
(2) The medical care benefits referred to in paragraph (1) shall

require the worker to receive medical care at an industrial accident

insurance-related medical institution prescribed in Article 43 (1):
Provided that in inevitable cases, medical care expenses may be
paid in lieu of providing medical care.
(3) In the case of paragraph (1), if the injury or disease can
be cured after three days or less of medical care, the medical
care benefits shall not be paid.
(4) The scope of the medical care benefits referred to in
paragraph (1) is as follows:
1. Medical examination and test;
2. Provision of medicines or medical supplies, artificial limbs,
and other prosthetic devices;
3. Treatment, operation and other treatments;
4. Rehabilitation treatment
5. Hospitalization;
6. Nursing and patient caring;
7. Transfers and
8. Other matters prescribed by the Ordinance of the Ministry
(5) The criteria for the calculation of medical care benefits,
such as the scope and amount of medical care benefits as
referred to in paragraphs (2) and (4), shall be prescribed by the
by Act No. 10339, Jun. 4, 2010>
(6) If the industrial accident insurance-related medical institution
where a worker suffering from a work-related accident intends
to receive medical care is to be a high-grade general hospital
prescribed in Article 43 (1) 2, the worker shall be an emergency
patient prescribed in subparagraph 1 of Article of the Emergency
Medical Service Act or except when other inevitable reasons
exist, there shall be an medical opinion that the worker needs
to get medical care at a high-grade general hospital. <Amended
by Act No. 10305, May 20, 2010>
Article 41 (Application for Medical Care Benefits)
(1) A person who intends to receive medical care benefits
(with the exception of medical care benefits for pneumoconiosis,
hereinafter the same shall apply in this article) pursuant to
Article 40 (1), shall make an application for medical care benefits
to the Corporation, together with documents indicating his/her
workplace, the background of the accident, and medical opinions
about the accident. In this case, the procedures for and method
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of application for medical care benefits shall be prescribed by

the Ordinance of the Ministry of Employment and Labor. <Amended
by Act No. 10305, May 20, 2010, and Act No. 10339, Jun. 4, 2010>
(2) An industrial accident insurance-related medical institution
prescribed in Article 43 (1), which gives medical examination and
treatment to a worker, if the accident is judged as a work-related
accident, may apply for medical care benefits on behalf of the
worker with his/her consent.
Article 42 (Preferential Application of Health Insurance)
(1) A person who applies for medical care benefits pursuant
to Article 41 (1) may receive medical care benefits under Article
41 of the National Health Insurance Act or medical benefits
under Article 7 of the Medical Benefit Act (hereinafter referred
to as “medical care benefits, etc., under health insurance”) before
the Corporation makes a decision on medical care benefits under
this Act. <Amended by Act No. 11141, Dec. 31, 2011>
(2) If a person who has received medical care benefits, etc.,
under health insurance pursuant to paragraph (1) is decided as
a beneficiary of medical care benefits under this Act after paying
his/her individual co-payment under Article 44 of the National
Health Insurance Act or Article 10 of the Medical Benefit Act to
an industrial accident insurance-related medical institution, he/she
may file a claim with the Corporation for an amount equivalent
to the medical care benefits referred to in Article 40 (5) out of
his/her individual co-payment already paid. <Amended by Act
No. 11141, Dec. 31, 2011>
Article 43 (Designation of Industrial Accident Insurance-related Medical
Institutions, Cancellation of Designation, etc.)
(1) Medical institutions (hereinafter referred to as “industrial
accident insurance-related medical institutions”) responsible for
providing medical care for workers suffering from a work-related
accident are as follows: <Amended by Act No. 9988, Jan. 27, 2010,
and Act No. 10339, Jun 4, 2010 and Act No. 10305, May 20, 2010>
1. Medical institutions under the Corporation under Article
11 (2);
2. High-grade general hospitals under Article 3-4 of the
Medical Service Act;
3. Medical institutions and public health clinics designated
by the Corporation from among medical institutions under
Article 3 of the Medical Service Act and public health
clinics (including medical care centers under Article 8 of

the Regional Public Health Act; hereinafter the same shall

apply) under Article 7 of the Regional Public Health Act,
which satisfy the standards set by the Ordinance of the
Ministry of Employment and Labor in terms of manpower,
facilities, etc.
(2) When designating a medical institution or public health
clinic as an industrial accident insurance-related medical institution
pursuant to paragraph (1) 3, the Corporation shall take into
account the factors described in the following subparagraphs:
1. Manpower, facilities, equipment and areas of practice of
the medical institution or public health clinic;
2. Distribution of industrial accident insurance-related medical
institutions in each region
(3) If an industrial accident insurance-related medical institution
under paragraph (1) 2 and 3 falls under any of the following
subparagraphs, the Corporation may cancel the designation (limited
to the case of paragraph (1) 3) or restrict its medical treatment
for workers suffering from a work-related accident for not more
than 12 months or order improvements (hereinafter referred to
as “restriction, etc., on medical treatment”):
1. Where the medical institution has diagnosed or certified
matters concerning a work-related accident in a false or
2. Where the medical institution has claimed the medical
expenses referred to in Article 45 in a false or other
fraudulent ways;
3. Where the cancellation of the designation or restriction,
etc., on medical treatment is found necessary as a result
of the evaluation referred to in Article 50;
4. Where the medical institution is not able to engage in
medical service temporarily or permanently due to a
violation of the Medical Service Act or other reasons;
5. Where the medical institution has failed to meet the standards
of manpower, facilities, etc., prescribed in paragraph (1) 3;
6. Where the medical institution has violated restriction, etc.,
on medical treatment, etc.
for which the designation has been canceled pursuant to paragraph
(3) shall not be designated again as an industrial accident
insurance-related medical institution for a period of up to one
year prescribed by the Ordinance of the Ministry of Employment
and Labor from the date of the cancelation. <Newly Inserted by
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Act No. 9988, Jan. 27, 2010> <Amended by Act No. 10339, Jun. 4, 2010>
under paragraph (1) 2 and 3 falls under any of the following
subparagraphs, the Corporation may impose restriction, etc., on
medical treatment for not more than 12 months: <Amended by
Act No. 9988, Jan. 27, 2010>
1. Where the medical institution has unduly claimed the
medical expenses referred to in Article 45 in violation of
the criteria for the calculation of medical care benefits
referred to in Article 40 (5), and Article 91-9 (3);
2. Where the medical institution has claimed medical expenses
from a person other than the Cooperation in violation of
Article 45 (1);
3. Where the medical institution has failed to submit the
medical treatment plan referred to in Article 47 (1);
4. Where the medical institution has failed to make a report,
respond to a request for submission of materials or
investigation in violation of Article 118;
5. Where the medical institution has violated the requirements
for the designation of industrial accident insurance-related
medication institutions
(6) If the Corporation intends to cancel designation or restrict
medical treatment pursuant to paragraph (3) or (5), it shall hold
a public hearing. <Amended by Act No. 9988, Jan. 27, 2010>
(7) The procedures for the designation referred to in paragraph
(1) 3 and the criteria and procedures for the cancelation of
designation and restrictions, etc., on medical treatment under
paragraphs (3) and (5) shall be prescribed by the Ordinance of
9988, Jan. 27, 2010><Amended by Act No. 10339, Jun. 4, 2010>
Article 44 (Penalties, etc. for Industrial Accident Insurance-related
Medical Institutions)
(1) If the Corporation has to restrict medical treatment for
any of the reasons described in subparagraphs 1 and 2 of
paragraph (3) and subparagraph 1 of paragraph (5) of Article 43
and considers that the restriction on medical treatment causes
serious inconvenience to the workers who use the medical
institution in question or that there are other special reasons, it
may impose a penalty not exceeding five times the amount of
insurance benefits received in a false or fraudulent way or the
amount of medical expenses received in a false, fraudulent or
illegitimate ways in lieu of restricting medical treatment. <Amended

by Act No. 9988, Jan. 27, 2010>

(2) The amount, etc., of the penalty imposed pursuant to
paragraph (1) according to type and degree of offence, etc.,
(3) If a person subject to the imposition of a penalty pursuant
to paragraph (1) fails to pay the penalty by the deadline, the
penalty shall be collected with the approval of the Minister of
Employment and Labor in accordance with the process for the
recovery of national taxes in arrears. <Amended by Act No.
10339, Jun. 4, 2010>
Article 45 (Claim, etc. for Medical Expenses)
which has provided medical care pursuant to Article 40 (2) or
Article 91-9 (1) is to receive the expenses (hereinafter referred to as
“medical expenses”), it shall claim the expenses from the Corporation.
(2) Examination and decision concerning the medical expenses
claimed pursuant to paragraph (1) and procedures for and
method of the payment of such expenses shall be prescribed by
Article 46 (Claim, etc., for Medicine Expenses)
(1) The Corporation may provide medicines under Article 40
(4) 2 through a pharmacy registered pursuant to Article 20 of
the Pharmaceutical Affairs Act.
(2) If the pharmacy referred to in paragraph (1) intends to
receive medicine expenses, it shall claim the expenses from the
Corporation.
(3) Examination and decision concerning the medicine expenses
claimed pursuant to paragraph (2), and procedures for and method
of the payment of such expenses shall be prescribed by the
Article 47 (Submission of Medical Treatment Plan)
(1) An industrial accident insurance-related medical institution,
if it is necessary to extend the medical care period of a worker
receiving medical care benefits pursuant to Article 41, or Article
91-5 shall submit a medical treatment plan containing progress
relating to the disease or injury of the worker, a expected treatment
period, treatment methods, etc., to the Corporation under the
conditions prescribed by the Presidential Decree.
▮▮ 969
(2) The Corporation may examine the adequacy of the medical

treatment plan submitted pursuant to paragraph (1), and take
necessary measures (hereinafter referred to as “measures, etc., to
change a medical treatment plan”) prescribed by the Presidential
Decree, such as ordering the industrial accident insurance-related
medical institution to change the treatment period.
Article 48 (Transfer to Another Medical Institution)
(1) If there is a reason falling under any of the following
subparagraphs, the Corporation may have a worker in the middle
of medical care transferred to another industrial accident insurance-
related medical institution to get medical care:
1. Where the worker needs to be transferred to another
industrial accident insurance-related medical institution
because the manpower, facilities, etc., of the industrial
accident insurance-related medical institution currently
providing medical care are unfit for the professional treatment
or rehabilitation treatment of the worker;
industrial accident insurance-related medical institution to
allow him/her to get medical care near where he/she lives;
industrial accident insurance-related medical institution after
getting professional treatment at a high-grade general
hospital referred to in Article 43 (1) 2;
4. Other cases where the worker is deemed to have an inevitable
reason after undergoing the procedures prescribed by the
(2) A worker in the middle of medical care may request the
Corporation for transfer to another medical institution if there is
a reason falling under any of subparagraphs 1 through 3 of
paragraph (1).
Article 49 (Application for Medical Care Benefits for Additional Injury
or Disease)
If a worker receiving medical care due to a work-related
accident falls under any of the following subparagraphs, he/she
may apply for medical care benefits for an additional injury or
disease (hereinafter referred to as "additional injury or disease"):
1. Where medical care is needed as an injury or a disease
which has arisen from the work-related accident is additionally
found ;
2. Where medical care is needed as a new disease occurs as

a result of an injury or a disease arising from the work-

related accident.
Article 50 (Evaluation of Industrial Accident Insurance-related
(1) In order to improve the quality of medical service with
regard to work-related accidents, the Corporation may evaluate
the medical institutions prescribed by the Presidential Decree,
from among the industrial accident insurance-related medical
institutions referred to in Article 43 (1) 3, in terms of manpower,
facilities, medical services and other matters relating to the
quality of medical care. In this case, the evaluation method and
criteria shall be prescribed by the Presidential Decree.
(2) Considering the results of the evaluation referred to in
paragraph (1), the Corporation may preferentially treat the
evaluated industrial accident insurance-related medical institutions
administratively or financially, or cancel their designation or impose
restrictions, etc., on medical treatment pursuant to Article 43 (3) 3.
Article 51 (Additional Medical Care)
(1) If a person who received medical care benefits pursuant
to Article 40 relapses into the work-releated injury or disease
subject to medical care after recovery or if due to the deterioration
of the injury or disease, there is a medical opinion that he/she
needs active medical care to treat it, he/she may receive medical
care (hereinafter referred to as “additional medical care”) again
pursuant to Article 40.
(2) Necessary matters concerning requirements and procedures
for additional medical care shall be prescribed by the Presidential
Decree.
Article 52 (Wage Replacement Benefits)
Wage replacement benefits shall be paid to a worker who
gets injured or contract a disease for work-related reasons for a
period during which the worker concerned is unable to work
due to medical care, and the amount to be paid for a day shall
be the equivalent amount of 70/100 of the average wages:
Provided that if the period of not being able to work is three
days or less, they shall not be paid.
Article 53 (Partial Wage Replacement Benefits)
(1) If a worker who is undergoing medical care or additional
medical care is employed for a certain period or part-time,
he/she may be paid 90/100 of the amount calculated by subtracting
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the wage paid for those days or hours employed from the
average wage corresponding to the number of days or hours
employed: Provided that if the minimum wage (the amount of
reduction in case the amount is reduced in accordance with
subparagraph 2 of Table 1) is taken as the daily wage
replacement benefits pursuant to Article 54 (2) and Article 56
(2), an amount equivalent to the minimum wage minus the
wage paid for days or hours employed may be paid.
(2) If a worker is employed part-time as referred to in
paragraph (1), for the number of hours unemployed (referring
to the number of hours remaining after subtracting the number
of hours employed from eight hours), an amount produced by
multiplying the daily wage replacement benefits calculated
pursuant to Article 52 or Articles 54 through 56 by the ratio of
the number of hours unemployed to eight hours shall be paid.
(3) Requirements and procedures for the payment of partial
wage replacement benefits referred to in paragraph (1) shall be
Article 54 (Wage Replacement Benefits for Low-income Workers)
(1) If the daily amount of wage replacement benefits calculated
pursuant to Article 52 is less than or equal to 80/100 of the
minimum standard amount of compensation, the daily wage
replacement benefits for the worker shall be an amount equivalent
to 90/100 of his/her average wage: Provided that an amount
equivalent to 90/100 of the average wage of the worker is more
than 80/100 of the minimum standard amount of compensation,
an amount equivalent to 80/100 of the minimum standard amount
of compensation shall be the daily wage replacement benefits.
(2) If the amount of wage replacement benefits calculated
pursuant to paragraph (1) is less than the octuple of the hourly
minimum wage (hereinafter referred to as the “minimum wage”)
pursuant to Article 5 (1) of the Minimum Wage Act, the minimum
wage shall be the daily wage replacement benefits for the worker.
Article 55 (Wage Replacement Benefits for the Aged)
If a worker who receives wage replacement benefits reaches
the age of 61, he/she shall be paid an amount calculated in
accordance with Table 1: Provided that if a person who stays
employed after the age of 61 receives medical care due to a
work-related accident or a person who has received disability
benefits due to a work-related disease pursuant to Article 37 (1)
2 receives the first medical care due to the work-related disease

after the age of 61, the provisions of Table 1 shall not apply
during the period prescribed by the Presidential Decree.
Article 56 (Wage Replacement Benefits During Additional Medical
Care)
(1) For a person who receives additional medical care, an
amount equivalent to 70/100 of the average wage calculated on
the basis of the wage at the time of additional medical care
shall be the daily wage replacement benefits. In this case, the
date of the occurrence of reasons for calculating the average
wage shall be prescribed by the Presidential Decree.
(2) If the daily wage replacement benefits calculated pursuant
to paragraph (1) is less than the minimum wage or if there is
no wage subject to the calculation of the average wage at the
time of additional medical care, the minimum wage shall be the
daily wage replacement benefits.
(3) In the event that a person who receives a disability
compensation annuity receives additional medical care, if the
sum of the daily disability compensation annuity (referring to
the amount of disability compensation annuity divided by 365;
hereinafter the same shall apply) and the daily wage replacement
benefits calculated pursuant to paragraph (1) or (2) is more
than 70/100 of the average wage applied in calculating the
disability compensation annuity, an amount equivalent to the
wage replacement benefits within the limits of the excess amount
shall not be paid.
Article 57 (Disability Benefits)
(1) Disability Benefits shall be paid to a worker who has a
disability after receiving medical care due to injuries or diseases
he/she got for work-related reasons.
(2) Disability benefits shall be paid in the form of a disability
compensation annuity or lump sum disability compensation set
forth in Table 2 based on grade of disability, and criteria for
disability grades shall be prescribed by the Presidential Decree.
(3) Either disability compensation annuity or lump sum
disability compensation referred to in paragraph (2) shall be
paid depending on the choice of the beneficiary: Provided that
a worker with the disability grades prescribed by the Presidential
Decree, which are characterized as a complete loss of work ability,
shall be paid a disability compensation annuity and a worker
who was not a Korean national when the reason for claiming
the payment of disability benefits occurred and resides in a
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foreign country shall be paid lump sum disability compensation.

(4) Disability compensation annuities may be paid in advance
at the request of the beneficiary in an amount equivalent to 1/2
of one- to two-year annuities (one to four-year annuities for the
workers prescribed in the proviso of paragraph (3)). In this
case, interest may be deducted from the amount paid in advance
at the rate prescribed by the Presidential Decree, which is not
more than 5/100.
(5) In the event that the entitlement of a beneficiary of a
disability compensation annuity is terminated pursuant to Article
58, if the total number of days obtained by dividing the already
paid annuity by each average wage at the time of payment is
less than the number of days for lump sum disability compensation
prescribed in Table 2, the amount calculated by multiplying the
shortfall in the number of days by the average wage at the
time of termination shall be paid in a lump sum to the worker
or his/her surviving family members.
Article 58 (Termination of Entitlement to Disability Compensation
Annuity, etc)
If a beneficiary of a disability compensation annuity or a
pneumoconiosis compensation annuity (hereinafter referred to as
'entitled' in this Article) falls under any of the following
subparagraphs, his/her entitlement shall be terminated: <Amended
by Act No. 10305, May 20, 2010>
1. Where he/she dies;
2. Where the beneficiary who was once a Korean national
has lost Korean nationality and now lives in a foreign
country or leaves Korea to live in a foreign country;
3. Where the beneficiary who is not a Korean national
leaves Korea to live in a foreign country;
4. Where he/she is excluded from those to be paid disability
compensation annuities or pneumoconiosis disability annuities
as a result of a change of his/her disability or pneumoconiosis
disability grade
Article 59 (Redetermination of Disability Grades, etc)
(1) With regard to a beneficiary of a disability compensation
annuity or a pneumoconiosis compensation annuity, whose pre-
determined disability grade or pneumoconiosis disability grade
(hereinafter referred to as "disability grade, etc." in this Article)
is possible to change as the state of the disability has improved
or worsened, the Corporation may redetermine his/her disability

grade, etc at the request of the beneficiary or by virtue of its

authority. <Amended by Act No. 10305, May 20, 2010>
(2) If a disability grade, etc, is changed as a result of the
redetermination referred to in paragraph (1), disability benefits or
pneumoconiosis compensation annuity shall be paid according
to the changed disability grade, etc. <Amended by Act No. 10305,
May 20, 2010>
(3) The redetermination of a disability grade, etc referred to
in paragraphs (1) and (2) shall be made just once and persons
subject to the redetermination, the period and the way of paying
disability benefits or pneumoconiosis compensation annuity based
on the results of the redetermination shall be prescribed by the
Presidential Decree. <Amended by Act No. 10305, May 20, 2010>
Article 60 (Disability Benefits Due to Additional Medical Care)
(1) Even in case a beneficiary of a disability compensation
annuity receives additional medical care, the payment of the
annuity shall not be suspended.
(2) If after a person is cured by additional medical care,
his/her state of disability has improved or worsened compared
with before, the disability benefits shall be paid according to
the disability grade corresponding to the improved or worsened
state of disability.
Article 61 (Nursing Benefits)
(1) Nursing benefits shall be paid to those who received
medical care benefits pursuant to Article 40 and due to constant
or frequent nursing needs after medical care, receives actual
nursing services.
(2) The payment standard and method of the nursing benefits
referred to in paragraph (1) shall be prescribed by the Presidential
Decree.
Article 62 (Survivors' Benefits)
(1) Survivors’ benefits shall be paid to the surviving family
members of a worker who has died for work-related reasons.
(2) Survivors’ benefits shall be paid in the form of a survivors’
compensation annuity or lump sum survivors’ compensation as
set forth in Table 3: Provided that lump sum survivors’
compensation shall be paid in case there was no one entitled to
a survivors' compensation annuity pursuant to Article 63 (1)
when the worker died.
(3) If a person entitled to a survivors' compensation annuity
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under paragraph (2) wants to, an amount equivalent to 50/100

of the lump sum survivors' compensation shown in Table 3
shall be paid in a lump sum, and the survivors' compensation
annuity shall be paid in a amount reduced by 50/100.
(4) If a person who has received a survivors' compensation
annuity loses entitlement thereto, there is no other entitled person,
and the sum of the numbers of days obtained by dividing the
annuity already paid by each average wage at the time of
payment is short of 1,300 days, the amount calculated by
multiplying the shortfall in the number of days by the average
wage at the time of losing the entitlement shall be paid in a
lump sum to his/her surviving family members at the time
when the entitlement is lost.
(5) The payment criteria, methods and other necessary matters
concerning survivors’ compensation annuities under paragraph
(2) shall be prescribed by the Presidential Decree.
Article 63 (Scope of Persons Entitled to Survivors' Compensation
Annuity)
(1) Persons entitled to a survivors' compensation annuity
(hereinafter referred to as “persons entitled to a survivors’
compensation annuity”) shall be the worker's spouse and any of
the following surviving family members (excluding surviving
family members who were not Korean nationals and were
living in a foreign country at the time of his/her death) whose
livelihood was supported by the worker at the time of his/her
death. In this case, the criteria for judging surviving family
members whose livelihood was supported by the worker shall
be prescribed by the Presidential Decree: <Amended by Act No.
11569, Dec. 18, 2012>
1. Parents and grandparents aged 60 or older;
2. Children and grandchildren aged less than 19;
3. Brothers and sisters aged less than 19, or aged 60 or older;
4. Children, parents, grandchildren, grandparents or brothers
and sisters who do not fall under any of subparagraphs 1
through 3 and have a disability grade higher than that
and Labor, among the disabled provided for in Article 2
of the Welfare of Disabled Persons Act. <Amended by Act
No. 10339, Jun. 4, 2010>
(2) In applying paragraph (1), if a child who was a fetus at
the time of the worker's death is born, the child shall be
regarded at birth and thereafter as a surviving family member

whose livelihood was supported by the worker at the time of

his/her death.
(3) The right to receive a survivors' compensation annuity of
persons entitled to the survivors’ compensation annuity shall be
exercised in the order of spouse, children, parents, grandchildren,
grandparents and brothers and sisters.
Article 64 (Loss of Entitlement of Persons Entitled to Survivors’
Compensation Annuities, Discontinuation of Annuity
Payment, etc.)
(1) If a surviving family member entitled to a survivors’
compensation annuity falls under any of the following subparagraphs,
he/she shall lose the entitlement: <Amended by Act No. 11569,
Dec. 18, 2012>
1. Where he/she dies;
2. Where he/she remarries (limited to the deceased worker's
spouse and including a person in a de facto marital
relationship in the case of remarriage);
3. Where the kinship with the deceased worker ends;
4. Where his/her children, grandchildren or brothers and
sisters reach the age of 19;
5. Where he/she was a disabled person prescribed in Article
63 (1) 4 and has completely recovered from such disability;
6. Where a person entitled to a survivors compensation annuity,
who was a Korean national at the time of the worker's
death has lost his/her Korean nationality and now lives
in a foreign country or leaves Korea to live in a foreign
country;
7. Where a person entitled to a survivors compensation annuity,
who is not a Korean national leaves Korea to live in a
foreign country.
(2) If a person entitled to a survivors’ compensation annuity
(hereinafter referred to as “person entitled to a survivors’
compensation annuity”) has lost the entitlement, the right to
receive the survivors’ compensation annuity, if there is any
person at the same priority level in the order of priority, shall
be transferred to that person and if there is no such person, to
the person next in the order.
(3) If a person entitled to a survivors’ compensation annuity
has been missing for three months or more, the payment of the
annuity shall be suspended and if there is a person of the same
rank in the order, the survivors' compensation annuity shall be
paid to that person, and if there is no such person, paid to the
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person next in the order, under the conditions prescribed by the

Article 65 (Order of Priority of Entitled Surviving Family Members)
(1) The order of priority of entitlement among surviving
family members under Article 57 (5) and Article 62 (2) (limited
to lump sum survivors’ compensation) and (4) shall be the one
prescribed in any of the following subparagrphs. The order of
priority between persons in each subparagraph shall be the
order in which they are listed in the subparagraph. In case there
are two or more entitled persons at the same priority level in
the order, the benefits shall be paid equally between the persons:
1. Spouse, children, parents, grandchildren and grandparents
whose livelihood was supported by the worker at the
time of his/her death
2. Spouse, children, parents, grandchildren and grandparents
whose livelihood was not supported by the worker at the
time of his/her death or brothers and sisters whose livelihood
was supported by the worker at the time of his/her death;
3. Brothers and sisters
(2) In the case of paragraph (1), adoptive parents shall be
given priority over biological parents, the parents of adoptive
parents over the parents of biological parents, and the adoptive
parents of parents over the biological parents of parents.
(3) In case an entitled surviving family member dies, the
insurance benefits, if there is any person at the same priority
level in the order, shall be paid to that person, and if there is
no such person, shall be paid to the person next in the order.
(3), if a worker designates his/her surviving family member
who is to receive the insurance benefits in his/her will, the
designated family member shall receive the benefits.
Article 66 (Injury-Disease Compensation Annuity)
(1) If a worker who has received medical care benefits
continues to be in a state that meets all the requirements described
in the following subparagraphs, after two years have passed
since the start of the medical care, he/she shall be paid an
injury-disease compensation annuity instead of wage replacement
benefits: <Amended by Act No. 9988, Jan. 27, 2010>
1. The injury or disease remains uncured ; and
2. The degree of invalidity caused by the wound or disease
meets the standards for invalidity grades prescribed by

the Presidential Decree;

3. The worker has not been employed because of medical care
(2) Injury-disease compensation annuities shall be paid according
to the grades of invalidity shown in Table 4.
Article 67 (Injury-Disease Compensation Annuity for Low-income
Workers)
(1) In calculating a injury-disease compensation annuity pursuant
to Article 66, if the average wage of the worker is less than an
amount produced by multiplying the minimum wage by 100/70,
100/70 of the minimum wage shall be seen as the minimum
wage of the worker.
(2) If the amount of daily injury-disease compensation annuity
obtained by dividing the amount of injury-disease compensation
annuity calculated pursuant to Article 66 or paragraph (1) by
365 is less than the daily wage replacement benefits calculated
pursuant to Article 54, the amount calculated pursuant to
Article 54 shall be the daily injury-disease compensation annuity.
Article 68 (Injury-Disease Compensation Annuity for the Aged)
If a worker who receives an injury-disease compensation
annuity reaches the age of 61, the amount of injury-disease
compensation annuity to be paid thereafter shall be calculated in
accordance with the standards for payment of daily injury-disease
compensation annuities in Table 5.
Article 69 (Injury-Disease Compensation Annuity During Additional
Medical Care)
(1) A person whose state of injury or disease meets all the
requirements described in any of the subparagraphs of Article
66 (1) after two years have passed since the start of additional
medical care shall be paid an injury-disease compensation annuity,
instead of wage replacement benefits, in accordance with the
grades of invalidity shown in Table 4. In this case, the average
wage applicable in the calculation of wage replacement benefits
during additional medical care shall be applied in calculating
the injury-disease compensation annuity, however, if the average
wage is less than the minimum wage multiplied by 100/70 or
there is no wage subject to the calculation of the average wage
at the time of additional medical care, 100/70 of the minimum
wage shall be considered as the average wage of the worker in
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calculating the annuity.

(2) If a worker who receives an injury-disease compensation
annuity pursuant to paragraph (1) receives a disability compensation
annuity, the number of payment days for injury-disease compensation
annuities by grade of invalidity shown in Table 4 minus the
number of payment days for disability compensation annuities
by grade of disability shown in Table 2 and then multiplied by
the average wage calculated pursuant to the latter part of
paragraph (1) shall be the amount of injury-disease compensation
annuity of the worker.
(3) After a worker who receives an injury-disease compensation
annuity pursuant to paragraph (2) reaches the age of 61, the
amount of daily injury-disease compensation annuity calculated
in accordance with Table 5 minus the amount of daily disability
compensation annuity calculated on the basis of the average
wages referred to in the latter part of paragraph (1) shall be
his/her daily injury-disease compensation annuity. <Newly Inserted
by Act No. 9988, Jan. 27, 2010>
(3), if a worker who receives an disability compensation annuity
pursuant to the proviso of Article 57 (3) receives additional
medical care, the injury-disease compensation annuity shall not
be paid: Provided that if the grade of invalidity is raised during
the additional medical care, two years shall be considered to
have passed since the start of the additional medical care and
he/she shall be paid an amount of injury-disease compensation
annuity calculated pursuant to paragraphs (2) and (3) notwithstanding
the former part of paragraph (1). <Amended by Act No. 9988,
Jan. 27, 2010>
(5) In calculating injury-disease compensation annuities during
additional medical care, the provision of Article 67 shall not
apply. <Amended by Act No. 9988, Jan. 27, 2010>
Article 70 (Payment Period and Date of Annuities)
(1) The payment of disability compensation annuities, survivors
compensation annuities, pneumoconiosis compensation annuities,
or pneumoconiosis survivors annuities shall begin on the first
day of the month following the month in which the reason for
the payment occurs, and end on the last day of the month in
which the right to receive the annuities expires. <Amended by
Act No. 10305, May 20, 2010>
(2) If there occurs a reason for suspending the payment of
disability compensation annuities, survivors compensation annuities,

pneumoconiosis compensation annuities, or pneumoconiosis

survivors annuities; the annuities shall not be paid from the
first day of the month following the month in which the reason
occurs to the last day of the month in which the reason
disappears. <Amended by Act No. 10305, May 20, 2010>
(3) A disability compensation annuity, a survivors compensation
annuity, a pneumoconiosis compensation annuity, or a pneumoconiosis
survivors annuity shall be paid in 12 equal payments every
year and the payment shall be made on the 25th of each
month and if the payment date falls on a Saturday or holiday,
payment shall be made on the preceding day. <Amended by Act
No. 10305, May 20, 2010>
(4) If the right to disability compensation annuity, survivors
compensation annuity, pneumoconiosis compensation annuities,
or pneumoconiosis survivors annuities lapses, the annuities
concerned may be paid even before the payment date under
paragraph (3). <Amended by Act No. 10305, May 20, 2010>
Article 71 (Funeral Expenses)
(1) Funeral expenses shall be paid if a worker dies due to
work-related accidents, and an amount equivalent to 120 days
of the worker's average wages shall be paid to the surviving
family member who performs the funeral service: Provided that
if there is no surviving family member who performs the
funeral service or a person other than surviving family members
has performed the funeral service for inevitable reasons, the
amount actually spent within the limits of an amount equivalent
to 120 days of the average wages shall be paid to the person
who has performed the funeral service.
(2) In case the funeral expenses under paragraph (1) either
exceed the maximum amount or are less than the minimum
amount notified by the Minister of Employment and Labor
under the conditions prescribed by the Presidential Decree, the
maximum or minimum amount shall be the funeral expenses,
respectively. <Amended by Act No. 10339, Jun. 4, 2010>
Article 72 (Vocational Rehabilitation Benefits)
(1) Types of vocational rehabilitation benefits are as follows:
<Amended by Act No. 9988, Jan. 27, 2010, and Act No. 10305, May
20, 2010>
1. Vocational training allowances and the costs of providing
vocational training for those in need of vocational training
to be employed (hereinafter referred to as “training targets”)
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and who have received disability benefits, or pneumoconiosis

compensation annuities; or will unmistakably receive
disability benefits (hereinafter referred to as “recipients of
disability benefits”) as prescribed by Presidential Decree;
2. Return-to-work subsidy, work adaption training costs,
rehabilitation exercise costs which are paid if an employer
retains, or carries out work adaptation training or a
rehabilitation exercise program for, recipients of disability
benefits who have returned to the business for which they
were working when the work-related accident happened
(2) The training targets referred to in paragraph (1) 1 and
recipients of disability benefits referred to in paragraph (1) 2
shall be prescribed by the Presidential Decree in consideration
of degree of disability and age.
Article 73 (Vocational Training Costs)
(1) Vocational training for training targets shall be provided
at a vocational training institution (hereinafter referred to as
“vocational training institution”) which has made a contract with
the Corporation.
(2) The costs (hereinafter referred to as “vocational training
costs”) of providing vocational training under Article 72 (1) 1
shall be paid to the vocational training institution which
provides vocational training pursuant to paragraph (1): Provided
that the vocational training costs shall not be paid in such cases
as prescribed by the Presidential Decree, where the vocational
training institution has received an amount equivalent to the
vocational training costs under the Act on Employment Promotion
and Vocational Rehabilitation for the Disabled, the Employment
Insurance Act, the Workers Vocational Skills Development Act
or other Acts and subordinate statutes.
(3) Vocational training costs shall be the amount actually spent
within the limits of the amount announced by the Minister of
Employment and Labor after taking into account training costs,
training period, labor market conditions, etc., and the training
period during which vocational training costs are paid shall be
less than 12 months. <Amended by Act No. 10339, Jun. 4, 2010>
(4) Necessary matters concerning the payment scope, criteria,
procedure, and method of vocational training costs, the making
and termination of a contract with a vocational training institution,
etc., shall be prescribed by the Ordinance of the Ministry of

Article 74 (Vocational Training Allowances)

(1) The vocational training allowances referred to in Article
72 (1) 1 shall be paid to a training target who receives vocational
training pursuant to Article 73 (1) for a period during which
they cannot be employed due to the vocational training, and
the daily amount shall be equivalent to the minimum wage:
Provided that no vocational training allowance shall be paid to
a training target who receives wage replacement benefits or
injury-disease compensation annuities. <Amended by Act No.
9988, Jan. 27, 2010>
(2) In the event that a person who receives vocational
training allowances pursuant to paragraph (1) also receives a
disability compensation annuity or a pneumoconiosis compensation
annuity and if the sum of the amount of disability compensation
annuity per day or the amount of pneumoconiosis compensation
annuities per day (equals to the amount of pneumoconiosis
compensation annuities calculated according to Article 91-3 (2)
divided by 365) and the amount of vocational training allowances
per day exceeds 70/100 of the average wage based on which
the disability compensation annuity or pneumoconiosis compensation
annuities of the worker is calculated, the excess amount shall
not be paid and thus be deducted from the daily vocational
training allowance.
(3) Necessary matters concerning the payment of vocational
training allowances, etc., under paragraph (1) shall be prescribed
Article 75 (Return-to-work Subsidy, etc.)
(1) The return-to-work subsidy, work adaptation training
costs and rehabilitation exercise costs referred to in Article 72
(1) 2 shall be paid, respectively, to an employer who retains, or
carries out work adaptation training or a rehabilitation exercise
program for, recipients of disability benefits. In this case, the
conditions for the payment of return-to-work subsidy, work
adaptation training costs and rehabilitation exercise costs shall
(2) The return-to-work subsidy referred to in paragraph (1)
shall be the amount of wages paid by the employer to a
recipient of disability benefits within the limits of the amount
announced by the Minister of Employment and Labor after
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taking into account wage levels, labor market conditions, etc.,

and the payment period shall be less than 12 months. <Amended
by Act No. 10339, Jun. 4, 2010>
(3) The work adaptation training costs and rehabilitation
exercise costs referred to in paragraph (1) shall be the amount
actually spent within the limits of the amount announced by
the Minister of Employment and Labor after taking into account
the amount spent on work adaptation training and rehabilitation
exercise, and the payment period shall be less than three
months. <Amended by Act No. 10339, Jun. 4, 2010>
(4) In the cases prescribed by the Presidential Decree, such
as when an employer who employs a recipient of disability
benefits has received the subsidy under 23 of the Employment
Insurance Act, the subsidy for employment of the disabled under
Article 30 of the Act on Employment Promotion and Vocational
Rehabilitation for the Disabled or an amount equivalent to the
return-to-work subsidy, work adaptation training costs or rehabilitation
exercise costs (hereinafter referred to as "return-to-work subsidy,
etc.") under other Acts and subordinate statues, the return-to-work
subsidy, etc., minus the amount received shall be paid.
(5) In the cases prescribed by the Presidential Decree, such
as when an employer employs a disabled person in compliance
with the obligation under 28 of the Act on Employment
Promotion and Vocational Rehabilitation for the Disabled, the
return-to-work subsidy, etc., shall not be paid.
<Newly Inserted by Act No. 9988, Jan. 27, 2010>
Article 76 (Lump-sum Payment of Insurance Benefits)
(1) If a worker who is not a Korean national applies for the
lump-sum payment of insurance benefits while receiving medical
care due to an injury or disease resulting from a work-related
accident in order to depart from Korea before it is cured, the
insurance benefits which are expected to be claimed after the
day medical care is suspended for departure may be paid in a
lump sum. <Amended by Act No. 9988, Jan. 27, 2010>
(2) The amount which may be paid in a lump sum
pursuant to paragraph (1) shall be the sum of each amount into
which the insurance benefits described in any of the following
subparagraphs are converted in consideration of interests, etc.,
based on the advance payment period according to the methods
prescribed by the Presidential Decree. In this case, if there is a
medical judgment that the worker concerned will fall under

both of the reasons for the payment of insurance benefits

referred to in subparagraphs 3 and 4, the insurance benefits
under subparagraph 4 shall not be included in the sum.:
<Amended by Act No. 9988, Jan. 27, 2010 and Act No. 10305, May
20, 2010>>
1. Medical care benefits corresponding to the period from
the day when medical care is suspended for departure to
the day when the injury or disease resulting from the
work-related accident is expected to be cured;
2. Wage replacement benefits corresponding to the period
from the day when medical care is suspended for departure
to the day before the work-related injury or disease is
expected to be cured or to reach a condition that allows
employment (the day two years after the start of medical
care, in case the expected day arrives more than two
years after the start of medical care)
3. Lump-sum disability compensation corresponding to the
grade of the disability expected to remain at the time of
suspending medical care for departure after the injury or
disease resulting from the work-related accident is cured; and
4. An amount equivalent to the lump-sum disability compensation
corresponding to a disability grade equivalent to the
expected invalidity grade (invalidity grade relating to the
injury or disease at the time, in case medical care is
suspended for departure two years or more after the start
of medical care), in case a state of invalidity eligible for
an injury-disease compensation annuity is expected to
continue to exist when medical care is suspended for
departure two years after the start of medical care.
5. A pneumoconiosis compensation annuity, which corresponds
to the pneumoconiosis disability grade, being paid during
the medical care periods
(3) The application and procedures for the lump-sum payment
referred to in paragraph (1) shall be prescribed by the Ordinance
10339, Jun. 4, 2010>
Article 77 (Prevention and Control of Complications, etc.)
The Corporation may get those who are feared to have
reasons for additional medical care, such as complications, after
having been cured for their work-related injury or disease to
receive necessary treatment from an industrial accident insurance-
related medical institution to prevent them.
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Article 78 (Special Disability Benefits)
(1) In the event that a worker has sustained any disability
and/or pneumoconiosis disability grades falling under the
grades of disability prescribed by the Presidential Decree due to
a work-related accident caused by the intention or negligence of
the insurance subscriber, if the beneficiary claims special disability
benefits in lieu of the claim for damage prescribed by the Civil
Act, the special disability benefits prescribed by the Presidential
Decree may be paid in addition to disability benefits under
Article 57 or pneumoconiosis compensation annuities under
Article 91-3: Provided that this shall apply only in case where
the worker and the insurance subscriber reaches an agreement
on special disability benefits. <Amended by Act No. 10305, May
20, 2010>
(2) If a beneficiary has received special disability benefits
pursuant to paragraph (1), he/she shall not bring a claim for
damage under the Civil Act or other Acts and subordinate
statutes against the insurance subscriber for the same cause.
(3) If the Corporation has paid special disability benefits
pursuant to paragraph (1), it shall collect all of the benefit
amount from the insurance subscriber under the conditions as
Article 79 (Special Survivors Benefits)
(1) In the event that a worker dies due to a work-related
accident caused by the intention or negligence of the insurance
subscriber, if the beneficiary claims special survivors benefits in
lieu of the claim for damage prescribed by the Civil Act, the
special survivors benefits prescribed by the Presidential Decree
may be paid in addition to survivors' benefits under Article 62
or pneumoconiosis survivors annuities under Article 91-4.
(2) The proviso of paragraph (1) and paragraphs (2) and (3)
of Article 78 shall apply mutatis mutandis to special survivors’
benefits. In this case, “special disability benefits” shall be read
as “special survivors’ benefits”.
Article 80 (Relation with Other Compensation or Indemnity)
(1) If a beneficiary has received or may receive insurance
benefits pursuant to this Act, the insurance subscriber shall be
exempted from the liability for accident compensation as prescribed

by the Labor Standards Act for the same cause.

(2) If a beneficiary has received insurance benefits pursuant
to this Act for the same cause, the insurance subscriber shall be
exempted from the liability for indemnity as prescribed by the
Civil Act and other Acts and subordinate statutes, to the extent
of that amount. In this case, a person who receives a disability
or survivors compensation annuity shall be considered to have
received lump sum disability or survivors compensation.
(3) If a beneficiary has received, under the Civil Act or
other Acts and subordinate statutes, money or valuable goods
equivalent to the insurance benefits as prescribed by this Act,
for the same cause, the Corporation shall not pay the insurance
benefits as prescribed by this Act to the extent of the amount
calculated by converting the money and valuable goods received
according to the method as prescribed by the Presidential
Decree: Provided that this shall not apply to the amount of
annuities equivalent to the lump sum disability or survivors
compensation considered to have been paid to the beneficiary
pursuant the latter part of paragraph (2).
(4) If a worker who receives medical care benefits receives
an injury-disease compensation annuity after three years have
passed since the start of the medical care, the employer concerned
shall be considered to have paid the lump sum compensation
prescribed in Article 84 of the Labor Standards Act since the
day on which three years have elapsed, in applying the provisions
of the proviso of Article 30 (2) of the Labor Standards Act.
Article 81 (Unpaid Insurance Benefits)

(1) In the event that a beneficiary of insurance benefits dies,
if there are any insurance benefits to be paid, but not yet paid
to, the beneficiary, such insurance benefits shall be paid upon
claim of his/her surviving family members (in case of survivors’
benefits, other survivors entitled to the survivors' benefits).
(2) In the case of paragraph (1), if the beneficiary fails to
claim insurance benefits prior to his/her death, the insurance
benefits shall be paid upon claim of his/her survivors pursuant
to the same paragraph.
Article 82 (Payment of Insurance Benefits)
Insurance benefits shall be paid within fourteen days after
the payment thereof is decided.
Article 83 (Restrictions on Payment of Insurance Benefits)
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(1) If a worker falls under any of the following subparagraphs,

the Corporation may not pay all or part of the insurance
benefits: <Amended by Act No. 10305, May 20, 2010>
1. Where while undergoing medical care, the worker has
aggravated the state of his/her injury, disease or physical
disability, or obstructed the cure thereof by violating
instructions relating to medical care without any justifiable
reasons;
2. Where the beneficiary of a disability or pneumoconiosis
compensation annuity has aggravated the state of his/her
disability on purpose, such as through self-harm, before the
disability or pneumoconiosis disability grade is redetermined
(2) If the Corporation has decided not to pay insurance
benefits pursuant to paragraph (1), it shall notify this without
delay to the insurance subscriber and the worker concerned.
(3) The types of insurance benefits subject to the restrictions
on the payment of insurance benefits under paragraph (1) and the
scope of the restrictions shall be prescribed by the Presidential
Decree.
Article 84 (Collection of Undue Gains)
(1) The Corporation shall, if a person, who has received
insurance benefits, falls under any of the following subparagraphs,
collect an amount (in the case of subparagraph 1, an amount
equivalent to double the benefits) equivalent to the benefits. In
this case, the amount the Corporation has claimed and received
from the National Health Insurance Corporation pursuant to
Article 90 (2) shall be excluded from the amount to be collected.:
1. Where the person has received insurance benefits in a
false or other fraudulent ways;
2. Where any person who is or was a beneficiary has unjustly
received insurance benefits by not fulfilling the obligation
to report under Article 114 (2) through (4);
3. Other cases where there are insurance benefits mistakenly
paid.
(2) In the case of subparagraph 1 of paragraph (1), if the
payment of insurance benefits is based on false reporting, diagnosis
or certification by an insurance subscriber, industrial accident
insurance-related medical institution or by a vocational training
institution, the insurance subscriber, industrial accident insurance-
related medical institution or vocational training institution shall
be held jointly responsible.

(3) The Corporation, if an industrial accident insurance-related

medical institution or a pharmacy prescribed in Article 46 (1)
falls under any of the following subparagraphs, shall collect an
amount equivalent to the medical expenses or medicine expenses:
Provided that in the case of subparagraph (1), an amount (an
amount equivalent to the medical expenses in case penalties are
imposed pursuant to Article 44 (1)) equivalent to double the
medical expenses or medicine expenses shall be collected:
1. Where the medical expenses or medicine expenses have
been received in a false or other fraudulent way;
2. Where the medical expenses or medicine expenses have
been received unjustly in violation of the criteria for the
calculation of medical care benefits prescribed in Article
40 (5) and Article 91-9 (3);
3. Other cases where the medical expenses or medicine
expenses have been received mistakenly
Article 85 (Collection of Charges)
The provisions of Articles 27, 28, 29, 30, 39, 41 and 42 of
the Insurance Premium Collection Act shall apply mutatis
mutandis to the collection of insurance benefits under Article 39
(2), the collection of special disability benefits under Article 78,
the collection of special survivors' benefits under Article 79 and
the collection of undue gains under Article 84. In this case, "the
National Health Insurance Corporation" shall be read as "the
Corporation". <Amended by Act No. 9988, Jan. 27, 2010>
Article 86 (Appropriation of Insurance Benefits, etc.)
(1) The Corporation, if there are any insurance benefits,
medical expenses or medicine expenses it has to pay to a person
who has taken undue gains pursuant to Article 84 (1) and (3),
or an insurance subscriber or an industrial accident insurance-related
medical institution held jointly responsible pursuant to Article
84 (2), may appropriate them to the amount to be collected
(2) The maximum limit to and procedure for the appropriation
of insurance benefits, medical expenses and medicine expenses
Article 87 (Claim for Damages against Third Person)
(1) If the Corporation has paid insurance benefits for an
accident caused by a third person's act, it may subrogate the
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right of the person who has received the benefits to file a

damage claim against the third person within the limits of the
benefit amount: Provided that this shall not apply in case
where two or more employers, who are insurance subscribers,
operate one business divided into two or more parts at the
same place, and the accident takes place due to an act
committed by a worker of the other employer.
(2) In the case of paragraph (1), if a beneficiary has received
damages equivalent to insurance benefits under this Act from a
third person for the same cause, the Corporation may not pay
insurance benefits under this Act within the limits of an
amount to which the damages are converted according to the
method as prescribed by the Presidential Decree.
(3) If any accident takes place due to an act committed by
a third person, the beneficiary and the insurance subscriber
shall report this without delay to the Corporation.
Article 88 (Protection of Right to Benefits)
(1) The right of a worker to receive insurance benefits shall
not be extinguished by his/her retirement.
(2) The right to receive insurance benefits shall not be
transferred, seized or offered as collateral.
Article 89 (Exercise by Proxy of Right to Benefits)
In case an insurance subscriber (including the subcontractors
prescribed in subparagraph 5 of Article 2 of the Insurance
Premium Collection Act; hereinafter the same shall apply) pays
the beneficiary money or valuable goods equivalent to insurance
benefits pursuant to the Civil Act or other Acts and subordinate
statues for his/her worker's work-related accident for the same
reason for which insurance benefits are paid in accordance with
this Act, and the money or valuable goods are considered as a
substitute for the insurance benefits, the insurance subscriber
may subrogate the right of the beneficiary to receive the
insurance benefits as prescribed by the Presidential Decree.
Article 90 (Settlement of Accounts of Medical Care Benefit Costs)
(1) In case where the National Health Insurance Corporation
under Article 13 of the National Health Insurance Act or the
head of a Si, Gun or Gu under Article 5 of the Medical Benefit
Act (hereinafter referred to as “the National Health Insurance
Corporation, etc.”) has paid medical care benefits, etc., under health
insurance to a beneficiary of medical care benefits prescribed by

this Act pursuant to Article 42 (1) and then claims the costs,
the Corporation may pay an amount equivalent to the medical
care benefits if the medical care benefits, etc., under health
insurance are deemed equivalent to the medical care benefits
payable under this Act. <Amended by Act No. 11141, Dec. 31, 2011>
(2) In case where the Corporation has paid a beneficiary
medical care benefits and then the decision on such payment is
cancelled, the Corporation may claim an amount equivalent to
the medical care benefits, etc., under health insurance from the
National Health Insurance Corporation if the paid medical care
benefits are deemed equivalent to the medical care benefits, etc.,
under health insurance, which are payable under the National
Health Insurance Act or the Medical Benefit Act.
Article 91 (Exemption of Public Charges)
Public charges of the State or a local government shall not
be imposed on money or valuable goods provided as insurance
benefits.
CHAPTER III-2
Special Cases of Insurance Benefits concerning
Pneumoconiosis
<Newly Inserted by Act No. 10305, May 20, 2010>
Article 91-2 (Criteria for Recognizing Pneumoconiosis as Work-related

Accidents)
If a worker, performing 'dust work' that might cause
pneumoconiosis to the workers engaged therein such as handling
earth rocks, rocks, minerals, or glass fiber as prescribed by Ordinance
of the Ministry of Employment and Labor (hereinafter referred
to as "dust work"), contracts pneumoconiosis; it shall be considered
as a work-related accident pursuant to item A of article 37 (1) 2.
Article 91-3 (Pneumoconiosis Compensation Annuity)
(1) A Pneumoconiosis Compensation Annuity shall be paid
to workers suffering from work-related pneumoconiosis (hereinafter
referred to as the "pneumoconiosis worker").
(2) Pneumoconiosis Compensation Annuity is the sum total
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of 'basic annuity' and 'Pneumoconiosis Disability Annuity' which

shall be determined by the corresponding pneumoconiosis
disability grade shown in the Table Six and the average wage
as prescribed by Article 5 (2), and Article 36 (6). In this case,
the basic annuity shall be computed by multiplying 60/100 of
the minimum wage by 365.
(3) In cases where the pneumoconiosis disability grade of a
worker with pneumoconiosis, who used to receive pneumoconiosis
compensation annuity, changes; a new pneumoconiosis compensation
annuity shall apply from the following month of the grade
change, by adding the basic annuity to the revised pneumoconiosis
disability annuity which corresponds to the new disability grade.
Article 91-4 (Pneumoconiosis Survivors Annuity)
(1) Pneumoconiosis Survivors Annuity shall be paid to the
bereaved family members when the pneumoconiosis worker
passes away from pneumoconiosis.
(2) The actual amount of the Pneumoconiosis Survivors
Annuity shall be equal to the Pneumoconiosis Compensation
Annuity that has been paid to the pneumoconiosis worker at
the time of his/her death or of which the payment has been
confirmed at the time of his/her death. The pneumoconiosis
survivors annuity shall not exceed the survivors compensation
annuity under Article 62 (2) and Table 3.
(3) In the event that a worker dies of work-related
pneumoconiosis but had not been diagnosed with pneumoconiosis
as prescribed by Article 91-6, the pneumoconiosis survivors
annuity shall be the total sum of the 'basic annuity' as defined
in Article 91-3 (2) and the 'pneumoconiosis disability annuity' as
shown in Table Six which is determined by the corresponding
pneumoconiosis disability grade in accordance with Article 91-8 (3).
(4) Article 63 and 64 shall also apply mutatis mutandis to
the scope of kinship, order of priority, disqualification, payment
suspension, etc. of the pneumoconiosis survivors annuity. In this case,
'survivors compensation annuity' shall be read as 'pneumoconiosis
survivors annuity.'
Article 91-5 (Request of Medical Care Benefits, etc., for Pneumoconiosis)
(1) In cases where a worker who either engages in or used
to perform 'dust work' desires to receive medical care benefits
and/or the pneumoconiosis compensation annuity for his/her

work-related pneumoconiosis; he/she shall make a request for

payment to the Corporation with all documents attached as
(2) Once the (Corporation's) decision of payment or
non-payment of medical care benefits, etc. is delivered in
accordance with Article 91-8 (2) to the person who made a
request for the medical care benefits, etc. pursuant to paragraph
1, additional request for the payment of medical care benefits,
etc. shall be made after a full year has passed since the
issuance of the diagnosis pursuant to Article 91-6 or after the
completion of medical care services. Notwithstanding the above,
with the presentation of professional medical opinion issued by
Health Examination Service Institutes in accordance with article
91-6 (1), which confirms the need for emergency diagnosis due
to complications [as defined under subparagraph 2 of Article 2
of the 'Act on the Prevention of Pneumoconiosis and Protection,
Etc., of Pneumoconiosis Workers', hereinafter "the Protection Act
for Pneumoconiosis Workers", and the same shall apply thereafter]
or severe cardiopulmonary disability, etc., payment of medical
care benefits can be claimed before the full year time lapse.
Article 91-6 (Diagnosis of Pneumoconiosis)
(1) Upon receiving the medical care benefit payment request
made by a worker in accordance with Article 91-5, the Corporation
shall request the Health Examination Service Institutes (hereinafter
"health examination service') as prescribed under Article 15 of
the Protection Act for Pneumoconiosis Workers, to conduct the
necessary medical examination for confirming pneumoconiosis
pursuant to Article 91-8.
(2) The health examination service shall conduct the necessary
medical examination for diagnosis of pneumoconiosis as
Labor upon being asked to do so in accordance with paragraph
(1), and shall submit the examination results to the Corporation.
(3) Provided that the worker concerned has duly completed
health examination pursuant to Article 11 through 13 of the
Pneumoconiosis Workers' Protection Act; the Chest X-ray
photograph, etc. submitted to the Minister of Employment and
Labor by the Health Examination Service pursuant to the latter
part of Article 16 (1) and (3) of the Protection Act for
▮▮ 993
Pneumoconiosis Workers, shall be considered to qualify a

legitimate request for payment of the medical care benefits, etc.
as well as the diagnosis result report in accordance with Article
91-5 (1), (2). <Amended by Act No. 10339, Jun. 4, 2010>
(4) The Corporation shall compensate the Health Examination
Service, which has conducted the medical examination pursuant
to paragraph (2), for the examination expenses. Article 40 (5)
and Article 45 shall apply mutatis mutandis to the criteria for
determining the amount of compensation and claims for such
compensation, etc.
(5) A health examination allowance, whose value shall be
determined and pronounced by the Minister of Employment
and Labor, might be paid to a worker receiving a medical
examination in accordance with paragraph (2): Provided that
those who have been receiving a disability compensation annuity
or a pneumoconiosis compensation annuity shall not be entitled
to such allowances. <Amended by Act No. 10339, Jun. 4, 2010>
(6) Matters concerning medical examination requests,
submission of examination results, and detailed procedures for
payment of the medical examination allowance, etc. under
paragraphs (1), (2), (5) shall be specified by Ordinance of the
Jun. 4, 2010>
Article 91-7 (Pneumoconiosis Examination Council)
(1) A Pneumoconiosis Examination Council (hereinafter
"Pneumoconiosis Examination Council", or "the Council"), comprised
of relevant experts, etc. shall be established within the Corporation
in order to assess the type of pneumoconiosis or complication,
etc., based on medical examination results delivered in accordance
with Article 91-6.
(2) Necessary matters concerning the composition of the
Council members, operation of the Council and other things
shall be defined in Ordinance of the Ministry of Employment
Article 91-8 (Determination of Pneumoconiosis and Insurance
Benefits Payment, Etc.)
(1) Upon receiving the results of a medical examination as
prescribed in Article 91-6, the Corporation shall deliberate on
and determine the pneumoconiosis type and spectrum; the

presence of complications and the subsequent type; the level of

cardiopulmonary function, etc. of the worker concerned after the
Council's assessment (hereinafter "pneumoconiosis judgement').
In this case, necessary criteria for pneumoconiosis judgement
shall be established by Presidential Decree.
(2) The Corporation shall make the subsequent decision to
approve or deny payment of the medical care benefits and
determine the pneumoconiosis disability grade and the corresponding
entitlement or non-entitlement to a pneumoconiosis compensation
annuity for the worker concerned, etc. based on the pneumoconiosis
judgement of paragraph (1). In this case, the criteria for determining
pneumoconiosis disability grade and for qualification of medical
care recipients concerning complications and etc., shall be defined
by Presidential Decree.
(3) In cases where it is not feasible to determine the level
of cardiopulmonary function of a pneumoconiosis worker due to
complication and other reasons; notwithstanding the criteria for
pneumoconiosis disability grade in paragraph (2); the Corporation
shall determine the pneumoconiosis disability grade taking into
account the type and spectrum of his/her pneumoconiosis. In
this case, the criteria for determining pneumoconiosis disability
grade shall be established by Presidential Decree.
(4) When the Corporation delivers its decision on whether
or not to pay the insurance benefits, etc. in accordance with
paragraphs (2) and (3), it shall inform the fact to the worker
concerned.
Article 91-9 (Payment Criteria and Procedure of Pneumoconiosis
Medical Care Benefits)
(1) In cases where the Corporation decided to pay a medical
care benefit to a pneumoconiosis worker in accordance with Article
91-8 (2), he/she shall receive medical care in a medical institute
that treats pneumoconiosis workers (hereinafter "pneumoconiosis
care institute") from among medical institutions specifically
related to industrial accident insurance; notwithstanding Article
40 (2).
(2) The Minister of Employment and Labor may promulgate
the criteria for managing and classifying outpatients and
inpatients as well as criteria for standardized treatments and
care, etc. after consulting with relevant experts, etc., for the
purpose of applying such criteria for appropriate care and
treatment provision by pneumoconiosis care institutes. <Amended
▮▮ 995
by Act No. 10339, Jun. 4, 2010>

(3) The Corporation may classify pneumoconiosis care
institutes in up to 3 different grades, taking into account the
facility, manpower, and quality of care services, etc. In this case,
the criteria for classification, the scope of allowed medical care
per grade, and the permitted medical care benefits per grade
shall be specified by Ordinance of the Ministry of Employment
(4) A Pneumoconiosis Care Institute Assessment Committee
shall be set up within the Corporation, which provides consultation
on matters concerning the Corporation's assessment of
pneumoconiosis care institutes. In this case, the composition and
operation of the Pneumoconiosis Care Institute Assessment
Committee, and other necessary matters shall be determined by
by Act No. 10339, Jun. 4, 2010>
(5) Article 50 shall apply mutatis mutandis to the assessment
of pneumoconiosis care institutes. In this case, medical
institutions prescribed by Presidential Decree, from among the
medical institutions specifically related to industrial accident
insurance referred to in Article 43 (1) 3, as prescribed in Article
50 (1) shall be read as 'pneumoconiosis care institutes.'
Article 91-10 (Recognition of Pneumoconiosis-led Death, and Etc)
If a worker who used to perform and/or has been engaged
in dust work, is deemed to have died due to pneumoconiosis,
complications, or other pneumoconiosis-related causes; it shall
count as a work-related accident. In this case, matters to be
considered before confirming death from pneumoconiosis shall
be defined by Presidential Decree.
Article 91-11 (Identification of Causes of Pneumoconiosis-led Death,
and Etc.)
(1) In cases where a worker who has been engaged in
and/or performed dust work died, and the cause of his/her
death is not known; in order to identify whether or not the
worker concerned died from pneumoconiosis, etc., his/her
bereaved family members can have a full-body autopsy of the
corpse done by a medical institute designated by the Corporation,
which employs pathologist specialist(s), from among the medical
institutions specifically related to industrial accident insurance;
Provided a written consent on the full-body autopsy is attached

together with the request of autopsy. In this case, the medical

institute concerned can perform an autopsy on the corpse of the
deceased worker, notwithstanding Article 2 of the Anatomy &
Preservation of Corpses Act.
(2) The Corporation can compensate the medical institute
which conducted the full-body autopsy in accordance with
paragraph (1) or the bereaved family members for the embedded
expenses either partially or in full. In this case, the criteria for
payment of compensation, required documents, and other matters
concerning the compensation or cost support procedure shall be
defined by Ordinance of the Ministry of Employment and
CHAPTER Ⅳ
Labor Welfare Projects
Article 92 (Labor Welfare Projects)

(1) The Minister of Employment and Labor shall carry out
projects described in any of the following subparagraphs to
promote workers'　welfare: <Amended by Act No. 10339, Jun. 4, 2010>
1. Establishment and operation of insurance facilities
described in any of the following items to promote a
smooth return to society of workers affected by work-related
accidents:
A. Facilities for medical care and post-surgery care; and
B. Facilities for medical or occupational rehabilitation;
2. Projects to promote the welfare of accident victims and
their survivors, such as scholarship project, etc.;
3. Other projects to establish and operate facilities for
promoting the welfare of workers.
(2) The Minister of Employment and Labor may have the
Corporation or any juristic persons (hereinafter referred to as
the “designated juristic persons”) established to promote the
welfare of accident victims and designated by the Minister of
Employment and Labor carry out the projects as referred to in
paragraph (1), or may entrust them with the operation of
insurance facilities pursuant to subparagraph 1 of the same
paragraph. <Amended by Act No. 10339, Jun. 4, 2010>
▮▮ 997
(3) Necessary matters concerning criteria for the designation

of juristic persons shall be prescribed by the Ordinance of the
Jun. 4, 2010>
part of the expenses for the projects of designated juristic persons
within the limits of budgets. <Amended by Act No. 10339, Jun. 4, 2010>
Article 93 (Loans for Individual Co-payment of Medical Care
Benefit Costs under National Health Insurance)
(1) If any person prescribed by the Presidential Decree in
consideration of the period taken to make a decision on medical
care benefits make a request for medical care in relation to the
work-related diseases referred to in Article 37 (1) 2, the Corporation
may make a loan to that person for the individual co-payment
of medical care benefit costs under Article 44 of the National
Health Insurance Act. <Amended by Act No. 11141, Dec. 31, 2011>
(2) If there is any medical care benefits prescribed in this
Act, which is to be paid to the person provided with a loan
pursuant to paragraph (1), the Corporation may appropriate the
medical care benefits for the repayment of the loan.
(3) The amount, conditions and procedures of the loan referred
to in paragraph (1) shall be determined by the Corporation with
approval of the Minister of Employment and Labor. <Amended
by Act No. 10339, Jun. 4, 2010>
(4) The maximum limit to and procedures for the appropriation
of medical care benefits under paragraph (2) shall be prescribed
Article 94 (Employment Promotion for Recipients of Disability Benefits)
The Minister of Employment and Labor may recommend
insurance subscribers to employ those who have received
disability benefits or pneumoconiosis compensation annuities for
jobs that fit their aptitude. <Amended by Act No. 10339, Jun. 4, 2010>
CHAPTER V
Industrial Accident Compensation Insurance and
Prevention Fund
Article 95 (Establishment and Creation of Industrial Accident

Compensation Insurance and Prevention Fund)

(1) In order to secure financial resources necessary for
insurance activities and industrial accident prevention activities
and to finance insurance benefits, the Minister of Employment
and Labor shall establish the Industrial Accident Compensation
Insurance and Prevention Fund (hereinafter referred to as the
“Fund”). <Amended by Act No. 10339, Jun. 4, 2010>
(2) The Fund shall be formed with insurance premiums,
proceeds from the operation of the Fund, reserve funds, surplus
resulting from the settlement of accounts of the Fund, contributions,
donations, loans and other revenues from the Government or a
person other than the Government.
(3) In order to conduct industrial accident prevention activities,
the Government shall, every fiscal year, calculate and present an
amount within the limits of 3/100 of the total expenditures of
the Fund as contributions from the Government under paragraph
(2) in the tax expenditure budget.
(1) The Fund shall be used for purposes described in any of
the following subparagraphs: <Amended by Act No. 9319, Dec. 31,
2008; Act No. 9988, Jan. 27, 2010>
1. Payment of insurance benefits and refunds;
2. Repayment of loans and interest thereof;
3. Contributions to the Corporation;
4. Purposes prescribed by Article 61-3 of the Industrial Safety
and Health Act;
5. Promotion of the welfare of accident victims ;
6. Contributions to the Korea Occupational Safety and Health
Agency under the Korea Occupational Safety and Health
Agency Act (hereinafter referred to as "the Korea Occupational
Safety and Health Agency"); <Amended by Act No. 9319,
Dec. 31, 2008>
7. Contributions made by the person entrusted with activities
under Article 4 of the Insurance Premium Collection Act;
8. Other insurance activities and the management and
operation of the Fund.
(2) The Minister of Employment and Labor shall appropriate
not less than 8/100 of the Fund's total expenditures falling
under any of the subparagraphs of paragraph (1) for the purpose
as prescribed in paragraph (1) 4 and 6 every fiscal year.
▮▮ 999

(1) The Fund shall be managed and operated by the
Jun. 4, 2010>
(2) The Minister of Employment and Labor shall manage
and operate the Fund according to the methods prescribed in
any of the following subparagraphs: <Amended by Act No. 10339,
Jun. 4, 2010>
1. Deposits and money trust in financial institutions or
postal service agencies;
2. Deposits in financial funds;
3. Purchase of profit-making securities, such as investment
trust, etc.;
4. Purchase of securities issued directly, or for which the
fulfillment of obligations is guaranteed by the State, a
local government or financial institutions;
5. Other activities prescribed by the Presidential Decree to
increase the Fund.
(3) In managing and operating the Fund under paragraph
(2), the Minister of Employment and Labor shall make efforts to
make the proceeds more than the level prescribed by the
(4) The Minister of Employment and Labor shall account for
the Fund according to the corporate accounting principles.
(5) The Minister of Employment and Labor may entrust the
Corporation or the Korea Occupational Safety and Health
Agency with part of affairs concerning the management and
operation of the Fund. <Amended by Act No. 10339, Jun. 4, 2010>
The Minister of Employment and Labor shall establish each
fiscal year fund operation plans through deliberation at the
Committee. <Amended by Act No. 10339, Jun. 4, 2010>
Article 99 (Accumulation of Liability Reserves)
(1) The Minister of Employment and Labor shall accumulate
liability reserves to finance insurance benefits. <Amended by Act
No. 10339, Jun. 4, 2010>
(2) The Minister of Employment and Labor shall calculate
the amount of liability reserves every fiscal year and if reserve
funds exceed the liability reserves, shall use the excess as

financial resources to pay future insurance benefits, and if they

are short, accumulate reserve funds from premium revenues to
fill the shortfall. <Amended by Act No. 10339, Jun. 4, 2010>
(3) Necessary matters concerning criteria for the calculation
and accumulation of liability reserves under paragraph (1) shall
Article 100 (Settlement of Surplus and Loss)
(1) If there is any surplus as a result of a settlement of
accounts of the Fund, it shall be deposited as reserve funds.
(2) If there is any loss as a result of a settlement of
accounts of the Fund, it may be made up using reserve funds.
Article 101 (Loan)
(1) A loan may, if necessary, be made against the security
of the Fund to disburse the expenses arising from the Fund.
(2) If there is lack of cash for disbursement in the Fund, a
temporary loan may be made against the security of the Fund.
(3) The temporary loan as referred to in paragraph (2) shall
be repaid within the fiscal year concerned.
Article 102 (Receipts, Disbursements, etc., of Fund)
Matters concerning procedures, etc. for receipts and
disbursements in the management and operation of the Fund,
CHAPTER Ⅵ
Request for Examination and Re-examination
Article 103 (Request for Examination)

(1) A person who is dissatisfied with decisions, etc., (hereinafter
referred to as “decisions, etc., on insurance benefits”), etc. by the
Corporation, falling under any of the following subparagraphs,
may make a request for examination to the Corporation:
1. Decisions on the insurance benefits under Chapter Ⅲ and
Chapter III-2;
2. Decisions on the medical expenses under Article 45 and
Article 91-6 (4);
3. Decisions on the medicine expenses under Article 46;
▮▮ 1001
4. Measures, etc., to change a medical treatment plan under

Article 47 (2);
5. Decisions on the lump-sum payment of insurance benefits
under Article 76;
6. Decisions on the collection of undue gains under Article 84;
7. Decisions on the subrogation of the right to receive benefits
under Article 89
(2) The request for examination as referred to in paragraph
(1) shall be made to the Corporation through an organization
under the control of the Corporation, which has made the
decision, etc., on the insurance benefits concerned.
(3) The request for examination as referred to in paragraph
(1) shall be made within 90 days after the decision on insurance
benefits is informed.
(4) An organization under the control of the Corporation
shall, upon receiving a request for examination pursuant to paragraph
(2), send it to the Corporation together with its written opinion
within five days.
(5) No administrative appeal as prescribed by the Administrative
Appeals Act shall be made against a decision, etc., on insurance
benefits.
Article 104 (Industrial Accident Compensation Insurance Examination
Committee)
(1) In order to deliberate on a request for examination made
pursuant to Article 103, the Industrial Accident Compensation
Insurance Examination Committee (hereinafter referred to as the
“Examination Committee”) composed of relevant experts shall be
set up in the Corporation.
(2) The provision of Article 108 shall apply mutatis mutandis
to the exclusion, challenge and refrainment of a member of the
Examination Committee.
of the Examination Committee shall be prescribed by the
Article 105 (Review and Decision on Request for Examination)
(1) The Corporation shall make a decision on a request for
examination after deliberation by the Examination Committee
within sixty days of receipt of the written request for examination
pursuant to Article 103 (4): Provided that if it is impossible to
make a decision within that period due to inevitable reasons,
the period may be extended only once for up to twenty days.

(2) Notwithstanding the provision of paragraph (1), if there

are the reasons prescribed by the Presidential Decree, such as a
request for examination made after the end of the request period,
the request may not undergo deliberation by the Examination
Committee.
(3) When the decision period is extended pursuant to the
proviso of paragraph (1), the person who has made the request
for examination and the affiliate organization of the Corporation,
which has made the decision, etc., on insurance benefits shall
be informed of this at least seven days before the end of the
initial decision period.
(4) If it is needed to review a request for examination, the
Corporation may take actions described in any of the following
subparagraphs at the request of the person making the request
for examination or by virtue of its authority:
1. To have the person making the request or related persons
appear at a designated place to ask questions or to have
them state opinions;
2. To have the person making the request or related persons
submit documents or other things that can be used as evidence;
3. To have a third person with professional knowledge or
experience make an appraisal;
4. To have its employee enter the workplace or other places
involved in the case to ask questions of the employer,
worker and other related persons, or inspect documents
and other things; and
5. To have any worker related to the request for examination
undergo a medical examination by a doctor, a dentist, or
an oriental medicine doctor designated(hereinafter referred
to as the “doctor, etc.”) by the Corporation.
(5) An employee of the Corporation, who conducts questioning
or inspection as referred to in subparagraph 4 of paragraph (4),
shall carry a certificate proving his/her authority and show it
to related persons.
Article 106 (Request for Re-examination)
(1) A person, who is dissatisfied with a decision on a
request for examination made under Article 105 (1), may make
a request for reexamination to the Industrial Accident Compensation
Insurance Reexamination Committee as prescribed in Article 107:
Provided that a person who is dissatisfied with a decision on
insurance benefits, which has been deliberated by the Adjudication
Committee, may make a request for reexamination without
▮▮ 1003
making a request for examination pursuant to Article 103.

(2) The request for reexamination as referred to in paragraph
(1) shall be made to the Industrial Accident Compensation
Insurance Reexamination Committee prescribed in Article 107
through an affiliate organization of the Corporation, which has
made the decision, etc., on insurance benefits.
(3) The request for reexamination as referred to in paragraph
(1) shall be made within ninety days after the decision on the
request for examination is informed: Provided that if a request
for reexamination is made without making a request for
examination pursuant to the proviso of paragraph (1), the request
shall be made within ninety days after the decision on insurance
benefits is informed.
(4) The provisions of Article 103 (4) shall apply mutatis mutandis
with regard to requests for reexamination. In this case, “written
request for examination” shall be read as “written request for
reexamination”, and “Corporation” as the “Industrial Accident
Compensation Insurance Reexamination Committee”.
Article 107 (Industrial Accident Compensation Insurance Reexamination
Committee)
(1) In order to review and decide a request for reexamination
made pursuant to Article 106, the Industrial Accident Compensation
Insurance Reexamination Committee (hereinafter referred to as
the “Reexamination Committee”) shall be established in the
Jun. 4, 2010>
(2) The Reexamination Committee shall be composed of sixty
members or less, including the chairman, but two members shall
be permanent members, and one, an ex officio member.
(3) Two-fifths of the members of the Reexamination Committee
shall be composed of persons recommended by workers' and
employers' organizations, respectively, from among those prescribed
in subparagraphs 2 through 5 of paragraph (5). In this case, the
number of members recommended by workers’ and employers’
organizations shall be equal.
(4) Notwithstanding paragraph (3), if the number of people
recommended by workers' or employers' organization respectively
is less than one fifth of the total members to be appointed, the
latter part of paragraph (3) shall not apply, and instead the
number of members recommended by workers' and employers'
organizations may be less than two fifths of the total members.
<Newly Inserted by Act No. 9988, Jan. 27, 2010>

(5) The chairman and members of the Reexamination

Committee shall be appointed by the President upon proposal
of the Minister of Employment and Labor, from among those
falling under any of the following subparagraphs: Provided that
the ex officio member shall be the one designated by the
Minister of Employment and Labor from among general public
officials of Grade III or general public officials in the Senior
Civil Service: <Amended by Act No. 10339, Jun. 4, 2010>
1. Those who are serving or served as public officials of
Grade III or higher or as general public officials in the
Senior Civil Service;
2. Judges, public prosecutors, defence lawyers, or certified
public labor affairs consultants with 10 years or more of
experiences;
3. Those who are serving or served as associate professors
or higher at a college prescribed in Article 2 of the
Higher Education Act;
4. Those who have been engaged in labor-related services or
industrial accident compensation insurance-related services
for 15 years or more; and
5. Those with plenty of academic knowledge and experience
in social insurance or industrial medical science
shall not be appointed as member: <Amended by Act No. 9988,
Jan. 27, 2010>
1. A person who is incompetent or quasi incompetent, or
has been declared bankrupt but not reinstated yet;
2. A person who was sentenced to imprisonment without
prison labor or heavier punishment, and for whom three
years have not passed since the completion of the sentence
or the final decision not to execute it; and
3. A person who is non-compos or feeble-minded.
(7) The term of the members (excluding the ex officio member)
of the Reexamination Committee shall be three years but renewable,
and the chairman or a permanent member, if his/her term has
expired, may perform his/her duties until his/her successor is
appointed. <Amended by Act No. 9988, Jan. 27, 2010>
(8) No member of the Reexamination Committee shall be
dismissed from his/her office against his/her will except in such
cases as prescribed in any of the followig subparagraphs:
1. In case where he/she is sentenced to imprisonment without
prison labor or heavier punishment; and
▮▮ 1005
2. In case where he/she becomes unable to carry out his/her

duties due to a physical or mental collapse for a long
period. <Amended by Act No. 9988, Jan. 27, 2010>
(9) The Reexamination Committee shall have a secretariat.
(10) Necessary matters concerning the organization, operation,
etc., of the Reexamination Committee shall be prescribed by the
Article 108 (Exclusion, Challenge and Refrainment of Member)
(1) Any member of the Reexamination Committee shall be
excluded from participating in the deliberation and resolution of
a case if he/she falls under any of the following subparagraphs:
1. Where a member or his/her spouse or former spouse is a
party to the case, or a joint right holder or obligator regarding
the case;
2. Where a member is or was a relative of a party in the
case, who is prescribed in Article 777 of the Civil Act;
3. Where a member gives any testimony or expert opinion
regarding the case;
4. Where a member is or was involved as an agent of a
party in the case; or
5. Where a member is involved in making a decision, etc.,
on insurance benefits which is the subject of the case
(2) When any party finds it difficult to expect a fair
deliberation and resolution from the members, it may file a
challenge application.
(3) If any member falls under the case of paragraph (1) or
(2) he/she may refrain from deliberation and resolution regarding
the case.
(4) The provisions of paragraphs (1) through (3) shall apply
mutatis mutandis to employees other than the members, who
are involved in clerical work concerning the deliberation and
resolution of a case.
Article 109 (Review and Ruling on Request for Reexamination)
(1) The provisions of Article 105 (1) and (3) through (5) shall
apply mutatis mutandis with regard to review and decision on
a request for reexamination. In this case, “Corporation” shall be
read as “Reexamination Committee”, “request for examination
through deliberation by the Examination Committee” as “request
for reexamination”, “decision” as “ruling”, and “employee of the
Corporation” as “member of the Reexamination Committee”,

respectively.
(2) The ruling of the Reexamination Committee shall be
binding on the Corporation.
Article 110 (Succession to Status of Person Requesting Examination
and Re-Examination)
In the event that a person requesting an examination or a
reexamination dies, if he/she is a beneficiary of insurance benefits,
the status shall be succeeded by the survivors as prescribed in
Article 62 (1) or 81, and if not, by his/her heir or a person
who has succeeded to the right or interest related to the insurance
benefits subject to the request for examination or reexamination.
Article 111 (Relation with Other Acts)
(1) With respect to an interruption of prescription, a request
for examination or reexamination made pursuant to Articles 103
and 106 shall be considered as a judicial request as prescribed
in Article 168 of the Civil Act.
(2) In applying Article 18 of the Administrative Litigation
Act, a ruling on a request for reexamination made pursuant to
Article 106 shall be considered as a ruling on administrative appeals.
(3) Matters not provided for by this Act concerning a request
for examination or reexamination under Articles 103 and 106 shall
be governed by the provisions of the Administrative Appeals Act.
CHAPTER Ⅶ
Article 112 (Prescription)

(1) The rights prescribed in each of the following subparagraphs
shall be extinguished by prescription if not exercised for three
years: <Amended by Act No. 9988, Jan. 27, 2010>
1. The right to receive insurance benefits under Article 36 (1);
2. The right of an industrial accident insurance-related medical
institution under Article 45;
3. The right of a pharmacy under Article 46;
4. The right of an insurance subscriber under Article 89; and
5. The right of the National Health Insurance Corporation,
etc., under Article 90 (1)
▮▮ 1007
(2) Except as provided by this Act, the extinctive prescription

as referred to in paragraph (1) shall be subject to the provisions
of the Civil Act.
Article 113 (Interruption of Prescription)
The extinctive prescription referred to in Article 112 shall be
interrupted by a request made under Article 36 (2). In this case,
if the request is the first request requiring a judgment on
whether or not the case concerns a work-related accident prescribed
in subparagraph 1 of Article 5, the interruption of prescription
resulting from the request shall affect the other insurance benefits
referred to in Article 36 (1).
Article 114 (Report, etc.)
(1) The Corporation may, if it is deemed necessary, demand
the employer of a business to which this Act applies, or workers
who are engaged in the business, and the insurance work service
agency (hereinafter referred to as “insurance work service agency”)
prescribed in Article 33 of the Insurance Premium Collection
Act to make a report necessary for the insurance work, or to
present related documents, under the conditions as prescribed
(2) A person who is entitled to receive a disability compensation
annuities, a survivors’ compensation annuity, a pneumoconiosis
compensation annuity or a pneumoconiosis survivors annuity
shall report to the Corporation such matters necessary for the
payment of insurance benefits as prescribed by the Presidential
Decree. <Amended by Act No. 10305, May 20. 2010>
(3) Any person who is or was a beneficiary shall report to
the Corporation such matters concerning changes in his/her
entitlement as prescribed by the Presidential Decree.
(4) If a beneficiary dies, a person required to report pursuant
to Article 85 of the Act on the Registration, etc., of Family
Relations shall report the death to the Corporation within one
month.
Article 115 (Departure Report, etc. by Beneficiary of Annuity)
(1) If a beneficiary of a disability compensation annuity,
beneficiary of a survivors compensation annuity, beneficiary of a
pneumoconiosis compensation annuity, beneficiary of a pneumoconiosis
survivors annuity (hereinafter referred to as "beneficiary of a
disability compensation annuity, etc.”) or a person entitled to a
survivors compensation annuity or pneumoconiosis survivors

annuity, who is a Korean national, departs from Korea to live

in a foreign country, the beneficiary of such disability compensation
annuity, etc., shall report this to the Corporation. <Amended by
Act No. 10305, May 20, 2010>
(2) If a beneficiary of a disability compensation annuity, etc,
or a person entitled to a survivors compensation annuity or
pneumoconiosis survivors annuity receives a disability compensation
annuity, survivors compensation annuity, pneumoconiosis
compensation annuity or pneumoconiosis survivors annuity
while living in a foreign country, the beneficiary of such disability
compensation annuity, etc., shall report to the Corporation such
matters as prescribed by the Presidential Decree concerning the
right or entitlement to such annuity at least once every year
under the conditions prescribed by the Ordinance of the
Jun. 4, 2010 and Act No. 10305, May 20, 2010>
Article 116 (Assistance of Employer)
(1) If a person who is entitled to receive insurance benefits,
finds it difficult to proceed with the procedures for claims etc.,
for insurance benefits, due to an accident, the employer shall
provide assistance.
(2) If a person who is entitled to receive insurance benefits
demands a certification necessary for receiving them, the employer
shall provide such certification.
(3) If it is impossible to provide the certification referred to
in paragraph (2) due to a missing of the employer, or other
inevitable reasons, the certification may be omitted.
Article 117 (Investigation of Workplace, etc.)
(1) If it is deemed necessary for making a decision on
insurance benefits or making a review, decision, etc., on a request
for examination, the Corporation may have its own employee
enter the office or place of a business, to which this Act
applies, and the office of an insurance work service agency, ask
related persons questions or investigate related documents.
(2) In the case of paragraph (1), the employee of the Corporation
shall carry a certificate proving his/her authority and show it
to related persons.
Article 118 (Investigation, etc. of Industrial Accident Insurance-related
Medical Institution)
(1) If it is deemed necessary in relation to insurance benefits,
▮▮ 1009
the Corporation may demand the industrial accident insurance-related

medical institution (including doctors; hereinafter in this Act the
same shall apply) which has given medical treatment to a
worker who receives insurance benefits to make a report on the
results of the medical treatment or submit related documents or
things, or may have its employees ask related persons questions
or investigate related documents or things, under the conditions
(2) The provisions of Article 117 (2) shall apply mutatis mutandis
with respect to the investigation referred to in paragraph (1).
Article 119 (Demand for Medical Examination)
If it is deemed necessary in relation to insurance benefits,
the Corporation may demand a person who receives or intends
to receive insurance benefits to undergo a medical examination
at an industrial accident insurance-related medical institution
under the conditions prescribed by the Presidential Decree.
Article 119-2 (Payment of Reward Money)
The Corporation may award a payment under the conditions
Labor within its own budget to a person for reporting those
who have inappropriately received insurance benefits, medical
examination expenses, or pharmacy expenses compensations, in
accordance with Article 84 (1) and (3). <Amended by Act No.
10339, Jun. 4, 2010>
Article 120 (Temporary Suspension of Insurance Benefits)
(1) If a person who intends to receive insurance benefits
falls under any of the following subparagraphs, the Corporation
may suspend temporarily the payment of insurance benefits:
1. Where a worker in the middle of medical care fails to
follow the order to transfer to another medical institution
given pursuant to Article 48 (1);
2. Where the person fails to comply with a redetermination
of his/her disability grade or pneumoconiosis disability
grade made by the Corporation by virtue of its authority
pursuant to Article 59;
3. Where the person fails to make a report, submit documents
or report in violation of Article 114 or 115;
4. Where the person fails to respond to the questions or
investigation referred to in Article 117; or

5. Where the person fails to comply with the medical

examination demanded pursuant to Article 119
(2) The types of insurance benefits subject to the temporary
suspension referred to in paragraph (1) and the period of and
procedures for the temporary suspension shall be prescribed by
Article 121 (Special Case for Overseas Business)
(1) In order to compensate a worker for an accident
occurring during a period of his/her overseas stay for work, a
person(hereinafter referred to as the “insurance company”)
designated by the Minister of Employment and Labor after
consultation with the Financial Services Commission may be
permitted to carry out the insurance activities under this Act on
his/her own account in the case of business run in a country
or an area prescribed by a social security-related treaty or
convention (hereinafter referred to as the “social security-related
treaty”) to which Korea is a party <Amended by Act No. 8863,
Feb. 29, 2008; Act No. 9988, Jan. 27, 2010; Act No. 10339, Jun. 4, 2010>
(2) The insurance company referred to in paragraph (1) shall
carry out insurance activities in accordance with the business
method prescribed by the Insurance Business Act. In this case,
the insurance benefits paid by the insurance company shall not
be unfavorable for workers compared with the insurance benefits
prescribed by this Act.
(3) An insurance company carrying out insurance activities
pursuant to paragraph (1) shall fulfill in good faith all the
responsibilities the Government should bear under this Act and
a social security-related treaty for workers.
(4) The provisions of Article 2, Article 3 (1), the proviso of
Article 6, Article 8 and Article 82 and the provisions of
Chapters V and VI shall not apply to the overseas business as
referred to in paragraph (1) and insurance activities aimed at
such business.
(5) In carrying out insurance activities pursuant to paragraph
(1), an insurance company may exercise the authority of the
Corporation as prescribed by this Act.
Article 122 (Special Case for Persons Dispatched Overseas)
(1) In case an insurance subscriber prescribed in Article 5
(3) and (4) of the Insurance Premiums Collection Act applies for
an insurance policy to the Corporation and obtains an approval
therefor for any person (hereinafter referred to as the
▮▮ 1011
“overseas-dispatched person”) dispatched overseas to work for a

business run in an area (excluding areas prescribed by the
Ordinance of the Ministry of Employment and Labor) other
than the Republic of Korea, the overseas-dispatched person may
be regarded as a worker employed for the business (referring to
the main business in case there are two businesses or more) of
the insurance subscriber, which operates within the territory of
the Republic of Korea, in applying this Act. <Amended by Act No.
10339, Jun. 4, 2010>
(2) The amount of wage used as the basis for calculating
insurance benefits for an overseas-dispatched person shall be the
one determined and announced by the Minister of Employment
and Labor in consideration of the amount of wage for workers
employed in the same kind of occupation in the business concerned
and other conditions. <Amended by Act No. 10339, Jun. 4, 2010>
(3) Necessary matters concerning the payment, etc., of
insurance benefits with respect to overseas-dispatched persons
(4) The calculation of insurance premiums, application for an
insurance policy and approval therefor, the report and payment
of insurance premiums, the termination of insurance relationships
and other necessary matters for overseas-dispatched persons to
whom this Act applies pursuant to paragraph (1) shall be
governed by the Insurance Premium Collection Act.
Article 123 (Special Case for On-the-Job Trainees)
(1) Among students and vocational trainees (hereinafter
referred to as “on-the-job trainees”) taking on-the-job training in
a business subject to this Act, the on-the-job trainees determined
by the Minister of Employment and Labor shall be regarded as
workers employed in the business in applying this Act notwithstanding
the provisions of subparagraph 2 of Article 5.
(2) An accident which happens to an on-the-job trainee in
relation to training shall be regarded as a work-related accident,
and the insurance benefits prescribed in any of the subparagraphs
of Article 36 (1) shall be paid.
insurance benefits for on-the-job trainees shall be all the money
and goods paid to the on-the-job trainees, such as training
allowances, but if such application is deemed inappropriate for
accident compensation for the on-the-job trainees, the amount

may be the one determined and announced by the Minister of

(4) Necessary matters concerning the payment, etc., of insurance
benefits with respect to on-the-job trainees shall be prescribed
(5) Matters concerning the calculation, report and payment
of insurance premiums with regard to on-the-job trainees shall
be governed by the Insurance Premium Collection Act.
Article 124 (Special Case for Employers of Small and Medium Enterprises)
(1) The employers of small and medium enterprises prescribed
by the Presidential Decree (including those who do not employ
any worker; hereinafter in this Act the same shall apply) may
join insurance with themselves or their prospective surviving
family members as beneficiaries of insurance benefits after getting
approval from the Corporation. In this case, notwithstanding the
provisions of subparagraph 2 of Article 5, the employers shall
be regarded as workers in applying this Act.
(2) The scope of work-related accidents which cause the
payment of insurance benefits to employers of small and medium
enterprises pursuant to paragraph (1) shall be prescribed by the
by Act No. 10339, Jun. 4, 2010>
(3) The amount of average wage used as the basis for
calculating insurance benefits for employers of small and medium
enterprises under paragraph (1) shall be the one determined
(4) In case the work-related accidents referred to in paragraph
(2) occur while insurance premiums are overdue, all or part of
the insurance benefits for the accident concerned may not be
paid under the conditions prescribed by the Presidential Decree.
(5) Necessary matters concerning the payment, etc., of insurance
benefits with respect to employers of small and medium enterprises
(6) The calculation of insurance premiums, application for an
insurance policy and approval therefor, the report and payment
of insurance premiums, the termination of insurance relationships
and other necessary matters for employers of small and medium
enterprises to whom this Act applies pursuant to paragraph (1)
shall be governed by the Insurance Premium Collection Act.
▮▮ 1013
Article 125 (Special Case for Persons in Special Types of Employment)

(1) Notwithstanding the provision of Article 6, a business
which receives labor service from persons (hereinafter referred
to as “persons in special types of employment") who are engaged
in the occupations prescribed by the Presidential Decree among
those who need protection from work-related accidents as they
are not covered by the Labor Standards Act even though they
provide labor service in a similar way to workers in general
regardless of type of contract, and meet all of the following
conditions shall be regarded as a business subject to this Act.
1. They should routinely provide the business with labor
service necessary for the operation thereof, be paid for
such service and live on such pay; and
2. They should not use other persons to provide the labor
service
(2) Notwithstanding the provision of subparagraph 2 of Article
5, persons in special types of employment shall be regarded as
workers of the business in applying this Act: Provided that if
persons in special types of employment request exclusion from
the application of this Act pursuant to paragraph (4), they shall
not be regarded as workers. <Amended by Act No. 9988, Jan. 27, 2010>
(3) If an employer begins or ceases to receive labor service
from a person in special types of employment, the employer
shall report this to the Corporation under the conditions
(4) If a person in special types of employment does not
want to be subject to this Act, he/she may make a request for
exclusion from the application of this Act to the Corporation
under the conditions prescribed by the Insurance Premium
Collection Act: Provided that this shall not apply in the case of
persons in special types of employment whose insurance
premiums are paid wholly by their employers.
(5) If a request for exclusion from the application of this
Act is made pursuant to paragraph (4), this Act shall not be
applied beginning on the day following the date of the request:
Provided that if the request for exclusion from the application
of this Act is made less than 70 days after the date of the
application of this Act, this Act shall not be applied retroactively
to the date of the first application of this Act.
(6) If a person who is not subject to this Act pursuant to
paragraphs (4) and (5) makes a request to the Corporation in

order to become subject to this Act again, this Act shall begin
to apply in the following insurance year.
(7) Necessary matters concerning the establishment, termination
and change of insurance relationships, requests for exclusion
from the application of the Act and for the reapplication of the
Act, the calculation, report and payment of insurance premiums
and the collection of insurance premiums and other charges
with respect to persons in special types of employment to whom
this Act applies pursuant to paragraph (1) shall be governed by
the Insurance Premium Collection Act.
(8) The amount of average wage used as the basis for
calculating insurance benefits for persons in special types of
employment shall be the one announced by the Minister of
(9) The criteria for recognizing work-related accidents which
cause the payment of insurance benefits to persons in special
types of employment shall be prescribed by the Presidential Decree.
(10) If the work-related accidents referred to in paragraph
(9) occur while insurance premiums are overdue, all or part of
the insurance benefits for the work-related accidents may not be
paid under the conditions prescribed by the Presidential Decree.
(11) Necessary matters for the payment, etc., of insurance
benefits to those in special types of employment shall be
Labor. <Newly Inserted by Act No. 9988, Jan. 27, 2010> <Amended
by Act No. 10339, Jun. 4, 2010>
Article 126 (Special Case for Benefit Recipients under the National
Basic Living Security Act)
(1) Among recipients of self-support benefits under Article 15
of the National Basic Living Security Act, who are not workers
prescribed in subparagraph 2 of Article 5, those who are
engaged in the projects determined and announced by the Minister
of Employment and Labor shall be regarded as workers subject
to this Act notwithstanding the provision of subparagraph 2 of
insurance premiums and insurance benefits for recipients of
self-support benefits shall be the amount of self-support benefits
which the recipient of self-support benefits receives as a result
of participating in the projects referred to in paragraph (1).
▮▮ 1015
CHAPTER Ⅷ
Penal Provisions

(1) If a person who works in an industrial accident insurance-
related medical institution or a pharmacy under Article 46 (1)
has received medical expenses or medicine expenses by false or
other fraudulent means, he/she shall be punished by imprisonment
of up to three years or a fine not exceeding thirty million won.
(2) A person who has received insurance benefits by false
or other fraudulent means shall be punished by imprisonment
of up to two years or a fine not exceeding twenty million won.
(3) A person who has disclosed confidential information in
violation of Article 21 (3) shall be punished by imprisonment of
up to two years or a fine not exceeding ten million won.
If a representative of a corporation, or an agent, a servant
or any other employee of a corporation or an individual
commits an offence provided in Article 127 (1) in relation to
the business of the corporation or individual, the fine prescribed
in the Article shall be imposed on the corporation or individual,
in addition to the punishment of the offender: Provided that
this shall not apply unless the corporation or individual neglects
to give considerable attention and supervision to the work
concerned in order to prevent such offence.
shall be imposed with a fine for negligence not exceeding two
million won: <Amended by Act No. 9988, Jan. 27, 2010>
1. A person who uses as his/her title the Korea Workers
Compensation and Welfare Service and any similar term
thereto in violation of Article 34; or
2. A person who claims medical expenses from a person
other than the Corporation, in violation of Article 45 (1)
shall be imposed with a fine for negligence not exceeding one
million won:

1. A person who fails to submit a medical treatment plan

referred to in Article 47 (1) without any justifiable reason;
2. A person who fails to answer questions, makes a false
answer, or refuses, interferes with, or evades inspection in
violation of Article 105 (4) (including the mutatis mutandis
application thereof as provided in Article 109 (1));
report or a person who fails to comply with an order to
submit documents or things, in violation of Article 114
(1) or 118;
4. A person who refuses to answer questions asked by an
employee of the Corporation or refuses, interferes with or
evades investigations in violation of Article 117 or 118; and
5. A person who fails to make a report referred to in Article
125 (3)
(3) The fine for negligence referred to in paragraph (1) or
(2) shall be imposed and collected by the Minister of Employment
and Labor, under the conditions as prescribed by the Presidential
(4), (5) and (6) Deleted. <Act No. 9988, Jan. 27, 2010>
Addenda <Act No. 9319, Dec. 31, 2008; Revision of the Korea
Occupational Safety and Health Agency Act>
<proviso omitted>
(5) Parts of the Industrial Accident Compensation Insurance
Article 96 (1) 6 shall be changed as follows and “Korea
Occupational Safety and Health Agency” in Article 97 (5) shall
be changed to “Korea Occupational Safety and Health Agency”.
6. Contributions to the Korea Occupational Safety and
Health Agency under the Korea Occupational Safety and
Health Agency Act (hereinafter referred to as the “Korea
Occupational Safety and Health Agency”)
(6) Omitted.
Article 6 Omitted.
▮▮ 1017
Addendum <Act No. 9338, Jan. 7, 2009>
Addenda <Act No. 9794, Oct. 9, 2009>

months after its promulgation.
(1) Parts of the Act on the Collection, etc., of Premiums for
Insurance shall be revised as follows:
Committee” in the former part of Article 14 (4) and Article 22-2
(1) shall be changed to “Deliberation Committee on Industrial
Accident Compensation Insurance and Prevention”.
as follows:
Committee” in the latter part of Article 16 shall be changed to
“Deliberation Committee on Industrial Accident Compensation
Insurance and Prevention”.

This Act shall enter into force on the date of its
11, 16 (1), 32, 33, 34, 35, 43, 72 (1) 1, 75 and 96 (1) 3 and
Articles 5 and 6 of the Addenda shall enter into force three
months after the promulgation, and the amended provisions of
Article 85 and 96 (1) 7 shall enter into force on January 1st, 2011.
Article 2 (Applicability concerning Restrictions on Designation of
medical institutions for which the designation is canceled after
the entry into force of that provision.
Article 3 (Applicability concerning Return-to-work Subsidy, etc.)
The amended provision of Article 75 shall apply to

return-to-subsidy, etc,. which is applied for after the entry into

force of that provision.
Article 4 (Transitional Measures concerning the Korea Workers
Accident Medical Corporation)
(1) The Korea Workers Accident Medical Corporation shall
be dissolved three months after the promulgation of this Act.
(2) The property, rights and responsibilities of the Korea
Workers Accident Medical Corporation shall be comprehensively
taken over by the Korea Workers Compensation and Welfare
Service from the time of the dissolution under paragraph (1),
and the Korea Workers Accident Medical Corporation stated in
the register and other official books concerning its property
rights, and responsibilities shall be read as the Korea Workers
Compensation and Welfare Service.
(3) The value of the property comprehensively taken over
by the Korea Workers Compensation and Welfare Service pursuant
to paragraph (1) shall be the book value for the day before the
date of dissolution under paragraph (1).
(4) Employment relationships with the employees of the
Korea Workers Accident Medical Corporation shall be comprehensively
handed over to the Korea Workers Compensation and Welfare
Service, and the executives shall be considered to have retired
as a matter of course on the date of dissolution above.
(5) The contributions made to the Korea Workers Accident
Medical Corporation by the government at the time of dissolution
shall be considered to have been made to the Korea Workers
Compensation and Welfare Service on the date of dissolution.
Parts of the Local Tax Act shall be revised as follows:
“The Korea Workers Compensation and Welfare Service and
the Korea Workers Accident Medical Corporation” in Article 278
(3), other than each of its subparagraphs, shall be changed to
“the Korea Workers Compensation and Welfare Service”;
“subparagraphs 1 through 7 of Article 11 of the Industrial
Accident Compensation Insurance Act” in subparagraph 1 of the
same Article to “subparagraphs 1 through 5, 6 and 7 of Article
11 (1) of the Industrial Accident Compensation Insurance Act”;
and “by the Korea Workers Accident Medical Corporation....
under Article 33 (1) of the Industrial Accident Compensation
Insurance Act” in subparagraph 2 of the same Article to “by
the Korea Workers Compensation and Welfare Service....under
▮▮ 1019
Article 11 (1) 5-2 and Article 11 (2) of the Industrial Accident

Compensation Insurance Act”.
Any reference to the Korea Workers Accident Medical
Corporation in other Acts or subordinate statues at the time of
enforcement of this Act shall be deemed a reference to the
Korea Workers Compensation and Welfare Service.
Addenda <Act No. 10305, May 20, 2010>

This Act shall enter into force 6 months after the date of its
16 (3), 40 (6), 43 (1) 2 , and 48 (1) 3 shall enter into force on
the date of promulgation.
Article 2 (Applicability concerning Payment of the Pneumoconiosis
Compensation Annuity)
(1) The amended provisions of Article 36 (1) and (2), and
Article 91-3 shall also apply to those who have been receiving
pneumoconiosis-based disability compensation annuities under
the conditions prescribed by the previous provisions (including
persons whose reason for receipt of such annuities occurred
before the enforcement of this Act). In this case, if the disability
compensation annuity amount computed under the previous
provisions exceeds the entitled amount under the amended
provision, the old disability compensation annuity shall continue
to be paid as prescribed under the previous provisions.
Article 91-3 shall also apply to persons whose pneumoconiosis
disability grade changes (referring to cases where the assigned
grade differs from the previous disability grade, and hereinafter
the same shall apply to this Article) after the enforcement of this
Act from among those who have been receiving pneumoconiosis-based
disability compensation annuities under the conditions prescribed
by the previous provisions (including persons whose reason for
receipt of such annuities occurred before the enforcement of this
Act). In this case, if the disability compensation annuity amount
computed under the previous provisions exceeds the amount
under the amended provision, the old disability compensation
annuity as prescribed under the previous provisions shall continue
to be paid.


Article 91-3 shall also apply to those who have received lump-sum
pneumoconiosis disability compensation under the conditions
prescribed by the previous provisions (including persons whose
reason for receipt of such annuities occurred before the enforcement
of this Act). In this case, out of the total pneumoconiosis
compensation annuity value as defined under the amended
provisions, nothing but the amount corresponding to the basic
annuity shall be paid.
Article 91-3 shall also apply to persons whose pneumoconiosis
disability grade changes after the enforcement of this Act from
among those who have received lump-sum pneumoconiosis
disability compensation under the conditions prescribed by
previous provisions (including persons whose reason for receipt
of such annuities occurred before the enforcement of this Act).
In this case, the pneumoconiosis disability annuity amount shall
be calculated on the basis of the total remaining days after
deducting the corresponding pneumoconiosis disability annuity
days to the previous disability grade from the corresponding
pneumoconiosis disability annuity days to the new disability
grade, both prescribed under the amended provisions.
Article 3 (Transitional Measures concerning Payment of Wage
Replacement Benefits, etc. for Pneumoconiosis)
With respect to payment of wage replacement benefits and
injury-disease compensation annuities to those who have been
receiving medical care or additional medical care resulting from
pneumoconiosis at the time of enforcement of this Act (including
persons whose reason for such payment occurred before the
entry into force of this Act), Articles 52 through 56 and Articles
66 through 69 shall apply until and unless such medical care or
additional medical care has been completed, notwithstanding the
amended provisions of Article 36 (1) and (2), and Article 91-3.
Article 4 (Transitional Measures Concerning Payment of Pneumoconiosis-led
Survivors Benefits)
(1) In cases where a person who has been receiving medical
care or additional medical care for pneumoconiosis at the time
of enforcement of this Act (including persons whose reason for
such payment occurred before the entry into force of this Act)
continues to receive medical care or additional medical care even
after the entry into force of this Act, and dies of pneumoconiosis;
▮▮ 1021
provisions under Articles 62 through 65 shall apply to the

payment of survivors compensation annuities or lump-sum survivors
compensation for the deceased worker, notwithstanding the
amended provisions under Article 31 (1) and (2), and Article 91-4.
(2) With respect to those who have been receiving survivors
compensation annuities due to pneumoconiosis at the time of
enforcement of this Act (including persons whose reason for
such payment occurred before the entry into of this Act), Articles
62 through 64 shall apply, notwithstanding the amended
provisions of Article 36 (1) and (2), and Article 91-4.
Article 5 (Transitional Measures Concerning Increase/Decrease of
Average Wages)
The previous provisions shall apply to the increase or decrease
of the average wages of those who have been receiving pneumoconiosis-led
wage replacement benefits, disability compensation annuities,
injury-disease compensation annuities, or survivors compensation
annuities at the time of enforcement of this Act (including persons
whose reason for such payment occurred before the entry into
of this Act), notwithstanding the amended provisions under
Article 36 (3).
(1) The Occupational Safety and Health Act shall be partially
amended as follows: "medical care benefits in Article 41 of the
Industrial Accident Compensation Insurance Act or survivors
benefits pursuant to Article 62 of the same Act" as prescribed
in the proviso of Article 10 (2) shall be revised to "medical care
benefits in Article 41 and Article 91-5 of the Industrial Accident
Compensation Insurance Act, survivors benefits in Article 62 of
the same Act, or pneumoconiosis survivors annuities in Article
91-4 of the same Act."
(2) The Inheritance Tax and Gift Tax Act shall be partially
amended as follows:
4. Survivors compensation annuities, lump-sum survivors
compensation, special survivors benefits, or pneumoconiosis
survivors annuities that are paid in accordance with the
Industrial Accident Compensation Insurance Act
(3) The National Pension Act shall be partially amended as
follows:
2. Disability benefits under Article 57 of the Industrial Accident

Compensation Insurance Act, survivors benefits under

Article 62 of the same Act, pneumoconiosis compensation
annuities under Article 91-3 of the same Act, or
pneumoconiosis survivors annuities under Article 91-4 of
the same Act
Addenda <Act No. 10339, Jun 4, 2010>

This Act shall enter into force 1 months after the date of its
promulgation: <proviso omitted>
"Minister of Labor" in Article 2 (1), proviso of subparagraph
2 of Article 5, Article 9 (1), (2), Article 10, Article 14 (2), parts
other than each subparagraph of Article 16 (3), subparagraph 2
of Article 4, Article 25 (1) through (3), Article 26 (3), Article 27
(1), (2), Article 30, Article 36 (4), (8), Article 44 (3), Article 71
(2), Article 73 (3), Article 75 (2), (3), parts other than each
subparagraph of Article 92 (1), (2), (4), Article 93 (3), Article 94,
Article 95 (1), Article 96 (2), Article 97 (1), parts other than
each subparagraph of Article 97 (2), Article 97 (3) through (5),
Article 98, Article 99 (1), (2), parts other than each subparagraph
of Article 107 (5), Article 121 (1), Article 122 (2), Article 123 (1),
(3), Article 124 (3), Article 125 (8), Article 126 (1) Article 129 (3)
"Ministry of Labor" in Article 8 (1), subparagraph 2 of
Article 16 (4), Article 107 (1) shall be changed to "Ministry of
"Ordinance of the Ministry of Labor" in Article 38 (2), (3),
subparagraph 8 of Article 40 (4), Article 40 (5), Article 41 (1),
subparagraph 3 of Article 43 (1), Article 43 (4), (7), Article 45
(2), Article 46 (3), subparagraph 4 of Article 63 (1), Article 73
(4), Article 74 (3), Article 76 (3), Article 92 (3), Article 115 (2),
Article 122 (1), (3), Article 124 (5), and Article 125 (11) shall be
▮▮ 1023
Article 5 Omitted.
Addenda <Act No. 11141, Dec. 31, 2011; Revision of the National
Health Insurance Act>

This Act shall enter into force on September 1, 2012.
<proviso omitted>
“Article 39 of the National Health Insurance Act" in Article
42 (1) shall be changed to "Article 41 of the National Health
Insurance Act, and "Article 41 of the National Health Insurance
Act" in paragraph (2) of the same Article to "Article 44 of the
National Health Insurance Act."
"Article 12 of the National Health Insurance Act" in Article
Insurance Act".
Insurance Act".
Article 22 Omitted.

Article 2 (Applicability concerning Entitlement to Survivors'
Compensation Annuities)
The amended provisions of Article 63 (1) and Article 64 (1)
shall apply to cases where a worker dies for a work-related
reason after this Act enters into decree.

ENFORCEMENT DECREE OF THE INDUSTRIAL ACCIDENT COMPENSATION INSURANCE ACT
ENFORCEMENT DECREE OF THE INDUSTRIAL

ACCIDENT COMPENSATION INSURANCE ACT
Amended by Presidential Decree No. 15318, Mar. 27, 1997

Presidential Decree No. 16326, May, 24. 1999
CHAPTER Ⅰ
General Provisions
Article 1 (Purpose)
▮▮ 1025
The purpose of this Decree is to provide for the matters

delegated by the Industrial Accident Compensation Insurance
Act and those necessary for the enforcement thereof.
Article 2 (Businesses Excluded from Application of the Act)
(1) “Businesses prescribed by the Presidential Decree” in the
proviso of Article 6 of the Industrial Accident Compensation
Insurance Act (hereinafter referred to as “the Act‘) mean businesses
or workplaces (hereinafter referred to as ”businesses“) which fall
Decree No. 20966, Aug. 7, 2008> <Amended by Presidential Decree
No. 22101, Mar. 26, 2010>
1. Businesses for which accident compensation is made under
the Public Officials’ Pension Act or the Veteran’s Pension Act ;
2. Businesses for which accident compensation is made under
the Seaman Act, the Act on Accident Compensation
Insurance for Fishermen and Fishing Boats or the Private
School Teachers Pension Act ;
3. Construction work falling under any of the following items
and carried out by those other than housing constructors
under the Housing Act, constructors under the Framework
Act on the Construction Industry, constructors under the
Electrical Construction Business Act, information and
communication-related constructors under the Information
and Communication Work Business Act, fire-fighting systems
constructors under the Fire-fighting Systems Construction
Act or repair business operators of cultural properties
under the Protection of Cultural Properties Act:
A. Construction work whose total construction amount
(hereinafter referred to as “total construction amount”)
prescribed in Article 2 (1) 2 of the Enforcement Decree
of the Act on the Collection, etc., of Premiums for
Insurance is less than 20 million won; and
B. Construction work involving the construction of a
building with a total floor area of 100㎡ or less or renovation
of a building with a total floor area of 200㎡ or less;
4. Employment activities within households;
5. Businesses other than those referred to in subparagraphs
1 through 4, where the number of workers who are employed
ordinarily does not exceed one; and <Amended by Presidential
Decree No. 22101, Mar. 26, 2010>
6. Businesses other than incorporations in the fields of

agriculture, forestry (excluding the logging industry), fishery

and hunting, where the number of workers who are
employed ordinarily is less than five. <Amended by Presidential
Decree No. 22101, Mar. 26, 2010>
(2) Unless otherwise provided in this Decree, the scope of
the businesses referred to in the subparagraphs of paragraph (1)
shall be subject to the Korean Standard Industrial Classification
announced publicly by the head of the Statistics Korea under
the Statistics Act.
(3) If construction work whose total construction amount is
less than twenty million won becomes subject to the blanket
application under Article 8 (1) or (2) of the Act on the Collection,
etc., of Premiums for Employment Insurance and Industrial
Accident Compensation Insurance (hereinafter referred to as
"Insurance Premium Collection Act"), or the total construction
amount becomes more than twenty million won due to a
design change (including cases where an actual change is made
to the design), it shall be subject to the Act from that time.
Article 2-2 (Calculation of Number of Ordinarily Employed Workers
and Time of Application)
(1) The number of ordinarily employed workers referred to
in Article 2 (1) 5 shall be calculated by dividing the total
number of man days used during the fourteen business days
from the date the first worker is employed after the commencement
of business by fourteen. In such cases, if the number of
ordinarily employed workers turns out to be less than one, the
number of ordinarily employed workers shall be calculated by
dividing the total number of man days used during the fourteen
business days from the date set by moving backward the date
the first worker is employed by one day at a time by fourteen.
(2) Notwithstanding paragraph (1), if the business has been
terminated or an occupational accident has occurred within
fourteen days of the date the first worker was employed, the
number of ordinarily employed workers shall be calculated by
dividing the total number of man days used until the date of
the incident by the total number of business days.
(3) A business in which the number of ordinarily employed
workers calculated pursuant to paragraphs (1) and (2) is one or
more shall be deemed to have become a business in which the
number of ordinarily employed workers is one or more on the
first day of the period during which the number of ordinarily
employed workers in the business is one or more.
▮▮ 1027
(4) Paragraphs (1) through (3) shall apply mutatis mutandis

to the method of calculating the number of ordinarily employed
workers as prescribed in Article 2 (1) 6. In such cases, “Article
2 (1) 5” shall be read as “Article 2 (1) 6” and “one” as “five”.
Mar. 26, 2010>
Article 3 (Functions of Industrial Accident Compensation Insurance
and Prevention Deliberation Committee)
The Industrial Accident Compensation Insurance and Prevention
Deliberation Committee under Article 8 (1) of the Act (hereinafter
referred to as “Committee”) shall deliberate on the following
matters: <Amended by Presidential Decree No. 22060, Feb. 24, 2010
1. Matters concerning the criteria for calculating medical care
benefits under Article 40 (5) of the Act, such as the scope
and amount of medical care benefits;
2. Matters concerning the determination of the rates of
industrial accident compensation insurance premiums under
Article 14 (3) and (4) of the Insurance Premium Collection
Act;
3. Matters concerning the establishment of the plan for the
operation of the Industrial Accident Compensation Insurance
and Prevention Fund referred to in Article 98 of the Act; and
4. Policies concerning occupational safety and health affairs
specified in each subparagraph of Article 4 (1) of the
Occupational Safety and Health Act and basic mid- and
long-term plan for the prevention of industrial accidents
as prescribed by Article 8 of the same Act; and
5. Other matters to be put to deliberation by the Minister of
Employment and Labor with respect to industrial accident
compensation insurance activities (hereinafter referred to
as "insurance activities") and occupational safety and health
affairs.
Article 4 (Composition of the Committee)
The members of the Committee shall be appointed or
commissioned by the Minister of Employment and Labor as
follows: <Amended by Presidential Decree No. 22060, Feb. 24, 2010
1. Members representing workers shall be five persons who
are recommended by trade unions which are a confederation
of trade unions;

2. Members representing employers shall be five persons

who are recommended by employers' organizations representing
the whole country; and
3. Members representing the public interests shall be five
persons, each described in the following items.
A. Vice Minister of Employment and Labor <Amended by
B. One public official from among senior public officials
in charge of industrial accident compensation insurance
affairs or industrial accidents prevention affairs in the
Ministry of Employment and Labor
C. Three persons among those recommended by citizens'
groups (referring to non-profit private organizations
prescribed in Article 2 of the Assistance for Non-Profit
Non-Governmental Organizations Act) and those with
plenty of academic knowledge or experiences in social
insurance and/or industrial accident prevention
(1) The term of office of the members shall be three years
and may be renewed: Provided that the term of office of
members appointed or commissioned under items A or B of
subparagraph 3 of Article 4 shall be their service tenure.
<Amended by Presidential Decree No. 22060, Feb. 24, 2010>
(2) The term of any member filling a vacancy shall be the
remaining period of his predecessor's term.
Article 6 (Chairperson and Vice Chairperson)
(1) The Committee shall have a chairperson and a vice
chairperson.
(2) The chairperson shall be the Vice Minister of Employment
and Labor, and the vice chairperson shall be elected by the
Committee from among the members representing the public interest.
(3) The chairperson shall represent the Committee, and take
general control over the affairs of the Committee.
(4) The vice chairperson shall assist the chairperson, and if
the chairperson cannot perform his/her duties for inevitable
reasons, he/she shall act for the chairperson.
Article 7 (Meeting of Committee)
(1) The chairperson shall convene a meeting of the Committee,
and preside at it.
▮▮ 1029
(2) A meeting of the Committee shall be convened at the

request of the Minister of Employment and Labor or a majority
of all the members. <Amended by Presidential Decree No. 22269,
Jul. 12, 2010>
(3) A meeting of the Committee shall be held with the attendance
of a majority of all the members, and make a decision with the
approval of a majority of the members present.
Article 8 (Expert Committees)
(1) An industrial accident compensation insurance policy expert
committee, an industrial accident compensation insurance-related
medical care expert committee, and an occupational safety and
health expert committee shall be set up in the Committee pursuant
to Article 8 (3) of the Act.
(2) Expert committees of paragraph (1) shall review matters
of the respective subparagraph as below and report the results
to the Committee, upon orders from the Committee chairperson.
1. Industrial accident compensation insurance policy expert
committee: matters concerning finances, application, collection,
benefits and rehabilitation, and welfare for industrial
accident compensation insurance
2. Industrial accident compensation insurance-related medical
care expert committee: matters concerning criteria and
eligibility for medical care benefits including scope and
amount, and management of medical care
3. Occupational safety and health expert committee: matters
concerning key policies and institutional improvements
with respect to occupational safety and health
(3) Each expert committee shall be composed of less than 25
non-standing members.
(4) The members of the industrial accident compensation
insurance policy expert committee shall be commissioned by the
chairperson from among those falling under any of the
following subparagraphs:<Amended by Presidential Decree No.
1. General public officials of Grade Ⅳ or higher in charge
of industrial accident compensation insurance affairs in
2. Persons recommended by trade unions which are a
confederation of trade unions or nationwide employers'
organizations; and
3. Persons with plenty of academic knowledge or experience
in the finances, application, collection, benefits, etc., of

social insurance.
(5) The members of the industrial accident compensation
insurance-related medical care expert committee shall be
commissioned by the chairperson from among those falling
Decree No. 22060, Feb. 24, 2010 and Presidential Decree No. 22269,
Jul. 12, 2010>
of industrial accident compensation insurance affairs in
organizations; and
3. Persons with plenty of medical knowledge and experience
in each professional field, such as industrial medicine.
(6) The member of the occupational safety and health expert
committee shall be commissioned by the chairperson from
<Amended by Presidential Decree No. 22060, Feb. 24, 2010 and
of occupational safety and health affairs in the Ministry
organizations; and
3. Persons with plenty of knowledge and experience in
occupational safety and health.
(7) The composition and operation of the expert committees
and other necessary matters shall be determined by the chairperson
after resolution of the Committee. <Amended by Presidential Decree
No. 22060, Feb. 24, 2010>
Article 8-2 (Investigation and Research Members)
(1) In order to investigate and/or research matters concerning
industrial accident compensation insurance and industrial accident
prevention, the Committee can employ not more than two
investigators and/or researchers in each field of industrial accident
compensation insurance, industrial safety engineering, machine
safety, electrical safety, chemical engineering safety, construction
safety, civil engineering safety, occupational medicine, occupational
health nursing, industrial hygiene, ergonomics, hazardous materials
management, safety and health related regulations and/or industrial
▮▮ 1031
accident statistics, and other necessary areas.

(2) The Minister of Employment and Labor shall appoint
investigators and/or researchers from among persons with plenty
of pertinent knowledge and experience in each professional
field.<Amended by Presidential Decree No. 22269, Jul. 12, 2010>
Feb. 24, 2010>
Article 8-3 (Cooperation by Relevant Administrative Agencies, Etc.)
The Committee and expert committees under Article 8,
when deemed necessary for deliberation of certain matters, can
request pertinent administrative agencies or organizations to submit
relevant materials and documents, or can hear the opinions of
relevant public officials and/or experts, etc. by requesting their
attendance.
Feb. 24, 2010>
Article 9 (Executive Secretary of Committee)
(1) The Committee shall have an executive secretary for the
management of its affairs.
(2) The executive secretary shall be appointed by the Minister
of Employment and Labor from among public officials under
his/her control. <Amended by Presidential Decree No. 22269, Jul.
12, 2010>
Article 10 (Allowances of Member)
Members of the Committee or the expert committee, who
attend a meeting of the Committee or the expert committee
may be paid allowances within the limits of the budget:
Provided that this shall not apply in cases where members who
are a public official attend the committee concerning work
directly related to their duties.
Article 11 (Operational Regulations)
Except as provided in this Act, matters necessary for the
operation of the Committee shall be determined by the chairperson
after resolution of the Committee.
Article 12 (Vicarious Implementation of Survey and Research Projects)

The Minister of Employment and Labor, pursuant to Article
9 (2) of the Act, may have a research institution established in
accordance with Article 8 of the Act on the Establishment, Operation
and Fosterage of Government-Invested Research Institutions, etc.,

carry out part of survey and research projects concerning

industrial accident compensation insurance affairs. In such cases,
when selecting the research institution, the institution's research
staff and performance records regarding industrial accident
compensation insurance affairs shall be considered. <Amended by
CHAPTER Ⅱ
Korea Workers' Compensation & Welfare Service
Article 13 Deleted. <Presidential Decree No. 22101, Mar. 26, 2010>

Article 14 (Approval of Budgets and Operational Plan)
(1) If the Korea Workers' Compensation & Welfare Service
under Article 10 of the Act (hereinafter referred to as
“Corporation”) intends to obtain approval from the Minister of
Employment and Labor concerning budgets for the following
fiscal year pursuant to Article 25 (1) of the Act, it shall submit
a request for budgets and business prospectus based on the
budgets to the Minister of Employment and Labor until before
the start of the following fiscal year. <Amended by Presidential
Decree No. 22101, Mar. 26, 2010> <Amended by Presidential Decree
No. 22269, Jul. 12, 2010>
(2) If the Corporation intends to obtain approval from the
Minister of Employment and Labor concerning an operational
plan pursuant to Article 25 (1) of the Act, it shall establish an
operational plan and submit it to the Minister of Employment
and Labor without delay after the approved budgets are
confirmed. <Amended by Presidential Decree No. 22269, Jul. 12, 2010>
(3) If the Corporation intends to modify the operational plan
and budget approved under paragraphs (1) and (2), it shall
submit a document specifying the reason and contents of such
modification to the Minister of Employment and Labor to obtain
his/her approval. <Amended by Presidential Decree No. 22269, Jul.
12, 2010>
Article 15 (Submission of Statement of Accounts)
When the Corporation submits a statement of accounts for
each fiscal year to the Minister of Employment and Labor under
Article 25 (2) of the Act, it shall be accompanied by the
▮▮ 1033
following documents: <Amended by Presidential Decree No. 22269,

Jul. 12, 2010>
1. The financial statements (including written audit opinions
expressed by a certified public accountant or an accounting
firm) and all documents annexed thereto; and
2. Other documents necessary for clarifying the contents of
the statement of accounts.
Article 16 (Approval of Corporation Regulations)
When the Corporation intends to establish or revise its
regulations on the following matters, it shall obtain the
approval of the Minister of Employment and Labor: <Amended
1. Matters concerning the organization and the full number
of personnel of the Corporation;
2. Matters concerning the personnel administration and
remuneration of the officers and employees;
3. Matters concerning the accounting of the Corporation; and
4. Other important matters concerning the operation, insurance
activities and labor welfare activities of the Corporation.
Article 17 (Application for Approval on Borrowing, etc. of Funds)
(1) If the Corporation intends to obtain approval on any
borrowing of funds under Article 27 (1) of the Act, it shall
submit to the Minister of Employment and Labor the application
for approval specifying the following matters: <Amended by
1. Reasons for the borrowing;
2. Source from which the funds are borrowed;
3. Amount of borrowed money;
4. Conditions of the borrowing;
5. Repayment method and period; and
6. Other matters necessary for the borrowing and repayment
(2) If the Corporation intends to obtain approval on the
appropriation by bringing in funds from the Industrial Accident
Compensation Insurance and Prevention Fund under Article 27
(2) of the Act, it shall submit to the Minister of Employment
and Labor the application for approval specifying matters concerning
reasons for the appropriation by bringing in funds, the amount,
etc. <Amended by Presidential Decree No. 22269, Jul. 12, 2010>
Article 18 (Delegation of Authority of President of Corporation)
(1) The scope of the work of the Corporation over which
the authority of the president of the Corporation may be

delegated to the head of its branch office (hereinafter referred

to as "affiliate organization") is shown in Table 1.
(2) Notwithstanding the delegation of the authority of the
president of the Corporation under paragraph (1), the authority
over litigation proceedings, requests for appeal under the
Administrative Appeals Act and requests for examination under
the Board of Audit and Inspection Act, to which the Corporation
is a party, shall rest with the president of the Corporation.
Article 19 (Entrustment of Affairs)
(1) The scope of the work entrusted by the Corporation
pursuant to Article 29 (1) of the Act is as follows:
1. Matters concerning the payment of insurance benefits; and
2. Work incidental to those matters referred to in subparagraph 1
(2) If the Corporation has entrusted its work pursuant to
paragraph (1), it may pay the entrusted person fees resulting
from the entrustment.
Article 20 (Investment, etc.)
If the Corporation intends to make any investment or
contribution pursuant to Article 32 (1) of the Act, it shall
submit to the Minister of Employment and Labor an application
specifying the following matters to obtain his/her approval:
1. Needs for the investment or contribution;
2. Kinds and value of the property to be invested or
contributed;
3. Outline of the business; and
4. Other matters necessary for the investment or contribution
CHAPTER III
Insurance Benefits
SECTION 1
Insurance Benefit Standards
Article 21 (Claim for Insurance Benefits, Notification of Decision,

etc.)
▮▮ 1035
(1) A person who intends to receive any of the following

insurance benefits pursuant to Article 36 (2) of the Act shall file
an application or a claim for such insurance benefits with the
Corporation:<Amended by Presidential Decree No. 22492, Nov. 15, 2010>
1. Wage replacement benefits;
2. Lump sum disability compensation or disability compensation
annuities (including the lump sum payments prescribed in
Article 57 (5) of the Act);
3. Nursing benefits;
4. Lump sum survivors compensation or survivors compensation
annuities(including the lump sum payments prescribed in
Article 62 (4) of the Act);
5. Injury-disease compensation annuities;
6. Funeral expenses;
7. Vocational rehabilitation benefits;
8. Pneumoconiosis compensation annuities; and
9. Pneumoconiosis survivors annuities.
(2) The Corporation shall, upon receiving an application or
a claim for insurance benefits under paragraph (1), decide
whether or not to pay the insurance benefits, the contents of the
payment, etc., and inform the claimant of them.
(3) If the Corporation has decided to pay a disability compensation
annuity, survivors compensation annuity, pneumoconiosis compensation
annuity, or pneumoconiosis survivors annuity, it shall deliver an
annuity certificate to the person entitled thereto.<Amended by
Article 22 (Increase or Decrease in Average Wage)
(1) The criteria for and methods of calculating the rate of
increase or decrease in the average wage of all workers and the
rate of increase or decrease in comsumer prices under Article
36 (3) and (4) of the Act are shown in Table 2.
(2) The increase or decrease of the average wage under
Article 36 (3) of the Act may be made at the request of the
beneficiary of insurance benefits or by virtue of the authority of
the Corporation.
Article 23 (Scope of Workers in Unusual Type of Employment)
“The cases prescribed by the Presidential Decree where it is
deemed inappropriate to apply the average wage of the worker
due to his/her unusual type of employment” in Article 36 (5)
of the Act refer to cases of applying average wages for workers
(hereinafter referred to as “daily workers”) who are employed

on a daily basis or paid wages on a daily basis (referring to

the wages paid as a reward for the set number of working
hours in one day) for the number of days worked: Provided
that if a daily worker falls under any of the following
subparagraphs, he/she shall be seen as such:
1. Where his/her employment relations have continued for
three months or more ;
2. Where his/her type of employment is considered similar
to that of a permanent worker after comprehensive consideration
of the working conditions, type of employment contract,
specific employment conditions, etc., of other daily workers
engaged in the same kind of job in the same business as
the worker concerned.
Article 24 (Method of Calculation of Average Wage for Workers
in Unusual Type of Employment)
(1) “An amount calculated according to the calculation
method prescribed by the Presidential Decree” in Article 36 (5)
of the Act refers to an amount calculated by multiplying the
daily wage of the daily worker concerned by the working day
coefficient (hereinafter referred to as “ordinary working day
coefficient”) announced by the Minister of Employment and
Labor after taking into account the number of days actually
worked by daily workers for a month, etc. <Amended by
(2) A daily worker who has worked in the business
concerned for not less than one month as of the date of
occurrence of causes for calculating the average wage may
apply for exclusion from the application of the calculation
method referred to in paragraph (1) to the Corporation by
submitting the application together with documents proving the
actual wage and number of days worked, if given the actual
wage and number of days worked, it is not appropriate to take
the amount calculated according to the calculation method
referred to in paragraph (1) as the average wage.
Article 25 (Special Case for Calculation of Average Wages for
Persons with Occupational Disease)
(1) “The occupational diseases prescribed by the Presidential
Decree, such as pneumoconiosis” in Article 36 (6) of the Act
refers to diseases falling under any of the following subparagraphs
(hereinafter referred to as "occupational diseases") among
work-related diseases under Article 37 (1) 2 of the Act (hereinafter
▮▮ 1037
referred to as “work-related diseases”): Provided that diseases

that acutely arise due to temporary exposure to large amounts
of harmful or hazardous elements shall be excluded.<Amended
by Presidential Decree No. 22492, Nov. 15, 2010 and Presidential
Decree No. 24651, Jun. 28, 2013>
1. Pneumoconiosis;
2. Any of the diseases described in subparagraphs 2 A and
B, 3 A through G, 3 I through K, 4, 5, 6 A through C, 6
E, I and K, 7 E through J, 8, 9, 10, 11 B through G, 11
H 1) and 2) and 12 B through D of Table 3; and
3. Any other disease which results from long-term exposure
to harmful or hazardous elements or is recognized as
having occurred after a latent period after exposure to
harmful or hazardous elements.
(2) "An amount calculated according to the calculation
methods prescribed by the Presidential Decree" in Article 36 (6)
of the Act refers to the amount calculated according to the
following classification: <Amended by Presidential Decree No. 22492,
Nov. 15, 2010 and Presidential Decree No. 24177, Nov. 12, 2012>
1. In cases of an occupational disease falling under paragraph
(1) 1: the amount announced by the Minister of Employment
and Labor every year, after taking into account the
average wages of all workers as defined under Article 26
(1), as of the date when the relevant occupational disease
is confirmed
2. In cases of an occupational disease falling under paragraph
(1) 2 or 3: an amount calculated by adding up all the
average monthly wages of workers similar to the worker
contracting the occupational disease in terms of gender,
occupation, and type and size of business, based on data
on average monthly wages for workers from the survey
on labor force at establishments (hereinafter referred to as
"survey on labor force at establishments") compiled by
the Minister of Employment and Labor as designated
statistics under subparagraph 2 of Article 3 of the
Statistics Act, for the one year before the last day of the
second quarter preceding the quarter to which the date of
confirmation of the relevant worker's occupational disease
belongs, and then dividing the resulting amount by the
total number of days in that period. In such cases, the
criteria for judging such workers similar to the worker in
terms of gender, occupation and type and size of business

shall be determined by the Corporation.

(3) The date of confirmation of an occupational disease under
paragraph (2) shall be the date of issuance of the medical
certificate or medical opinion issued when it is confirmed that
the occupational disease is eligible for insurance benefits:
Provided that in any of the following cases, it shall be the date
described therein: <Amended by Presidential Decree No. 24651, Jun.
28, 2013>
1. In cases where there is time and medical continuity between
the examination, treatment, etc., of the occupational disease
and the issuance of the medical certificate or medical
opinion, the start date of the medical care;
2. In cases of noise-induced hearing loss under subparagraph
7 J of Table 3, the date on which the worker has stopped
engaging in work involving exposure to noise.
(4) Deleted. <Presidential Decree No. 22492, Nov. 15, 2010>
(5) In applying the provisions of Article 36 (6) of the Act, if
an occupational disease falling under paragraph (1) 2 and 3 is
confirmed after the shutdown or closure of the business to
which the worker belongs (including cases where the worker
has retired before the business shutdown or closure), an amount
obtained by increasing or decreasing the amount calculated
pursuant to paragraph (2) 2 as of the date of business
shutdown or closure until the date of confirmation of the
occupational disease falling under paragraph (1) 2 and 3, in
accordance with subparagraph 1 of Table 2 shall be regarded as
the average wage of the worker.<Amended by Presidential Decree
No. 22492, Nov. 15, 2010>
(6) Special cases for calculation of average wages under
article 36 (6) of the Act may apply either at the request of a
beneficiary of insurance benefits or by virtue of the Corporation's
authority. <Amended by Presidential Decree No. 22492, Nov. 15, 2010>
Article 26 (Method of Calculating Maximum and Minimum Standard
Amount of Compensation)
(1) The average wages of all workers used as the basis for
calculating the maximum standard amount of compensation
“maximum standard amount of compensation”) and the minimum
standard amount of compensation under the same paragraph
(hereinafter referred to as “minimum standard amount of
compensation”) shall be an amount obtained by dividing the
sum of the monthly average wages of all workers from July 1st
▮▮ 1039
of the insurance year two insurance years ago to June 30th of

the preceding insurance year, based on data from the survey on
labor force at establishments, by 365 (or 366 in cases where the
month of February in that period has 29 days). <Amended by
(2) When calculating the maximum standard amount of
compensation and the minimum standard amount of
compensation, amounts less than one Won shall be rounded off.
(3) The application period for the maximum standard
amount of compensation and the minimum standard amount of
compensation shall be from January 1st to December 31st of the
insurance year concerned.
SECTION 2
Criteria for Recognition of Work-related Accidents
Article 27 (Accidents While Performing Duties)

(1) An accident that happens while the worker is carrying
out any of the following acts shall be seen as the work-related
accident under Article 37, (1) 1 A of the Act:
1. Acts of performing his/her duties in accordance with
his/her employment contract;
2. Physiologically necessary acts, such as going to the toilet,
in the course of performing his/her duties;
3. Acts of preparing for or wrapping up work and other
necessary acts incidental to his/her duties; and
4. Acts expected as a social norm, such as acts of emergency
refuge or rescue caused by unexpected accidents, such as
natural disasters, fires, etc., which happen inside the
workplace
(2) An accident that happens while the worker is performing
his/her duties outside the workplace following instructions from
the employer shall be seen as the work-related accident under
Article 37 (1) 1 A of the Act: Provided that an accident that
happens while the worker is carrying out an act violating
specific instructions from the employer or his/her private act or
is off his/her normal business travel course shall not be seen as
a work-related accident.
(3) An accident that happens in relation to the work a
worker who has no fixed place of work because of the nature

of his/her duties performs from the time when he/she starts to

work after first arriving at the place of work until he/she
leaves work after finally completing work shall be seen as the
work-related accident under Article 37 (1) 1 A of the Act.
Article 28 (Accidents Due to Defect, etc., in Facilities, etc.)
(1) An accident that happens due to a defect in, or the
careless management by the employer of, the facilities, equipment,
vehicles, etc., (hereinafter referred to as “facilities, etc.”) provided
by the employer shall be seen as the work-related accident
under Article 37 (1) 1 B of the Act.
(2) An accident that happens due to the use of the facilities,
etc., provided by the employer in violation of specific
instructions from the employer and an accident that happens
during the management or use of the facilities, etc., while the
worker has entire and exclusive responsibility to manage or use
them shall not be seen as the work-related accident under
Article 37 (1) 1 B of the Act.
Article 29 (Accidents During Commute to and from Work)
If an accident that happens while the worker is commuting
to and from work meet all of the following conditions, it shall
be seen as the work-related accident under Article 37 (1) 1 C of
the Act:
1. The accident should happen while the worker is using a
means of transport which either is provided by the
employer for the worker's commute to and from work or
can be regarded as being provided by the employer;
2. The worker should not have entire and exclusive
responsibility to manage or use the means of transport
used for his/her commute to and from work.
Article 30 (Accidents During Events)
If a worker's participation in various events, (hereinafter
referred to as “events”) such as sports events, picnics and
mountain-climbing events, is deemed necessary for labor
management or business operation under social norms, and the
case falls under any of the following subparagraphs, an accident
happening during his/her participation in such events (including
preparation and rehearsal for such events) shall be seen as the
work-related accident under Article 37 (1) 1 D of the Act:
1. Where for the worker participating in the event, the
employer recognizes his/her hours spent to participate in
▮▮ 1041
the event as hours worked;

2. Where the employer orders the worker to participate in
the event;
3. Where the worker participates in the event after obtaining
approval from the employer in advance; and
4. Other cases equivalent to subparagraphs 1 through 3 where
the employer has usually and customarily recognized the
worker's participation in the event.
Article 31 (Accidents in Particular Place)
An accident that happens due to natural disasters, such as
typhoons, floods, earthquakes and avalanches, or unexpected
incidents, while the worker is doing an act deemed possible to
do inside the workplace under social norms shall be seen as
the work-related accident under Article 37 (1) 1 F of the Act,
except when it is obvious that the accident happens while the
worker is engaging in an act not related to his/her work, such
as private acts and walking out on his/her jobs.
Article 32 (Accidents During Medical Care)
If an accident falling under any of the following subparagraphs
happens to a worker who is receiving medical care for a
work-related injury or disease, the accident shall be seen as the
work-related accident under Article 37 (1) 1 F of the Act:
1. Medical accident happening in relation to medical care
benefits;
2. Accident happening in relation to medical care for work-
related injuries or diseases at the industrial accident
insurance-related medical institution where the worker is
receiving medical care
Article 33 (Accidents Caused by Third Person's Acts)
In cases where an accident happens to a worker because of
a third person's act, if the work the worker are in charge of is
deemed possible, by nature, to cause the third person to do an
harmful act under social norms, the accident shall be seen as
the work-related accident under Article 37 (1) 1 F of the Act.
Article 34 (Criteria for Recognition of Work-related Diseases)
(1) If a worker gets a disease included in the scope of
work-related diseases referred to in Article 44 (1) and Table 5
of the Enforcement Decree of the Labor Standards Act and
meets all of the following conditions, the disease shall be seen
as the work-related disease under Article 37 (1) 2 A of the Act:

1. The worker has ever handled, or been exposed to, harmful

or hazardous elements while performing his/her duties;
2. The disease is deemed possible to arise in the light of
the hours for which the worker has handled or been
exposed to harmful or hazardous elements, the period
during which the worker has been engaged in such work,
work environments, etc.,; and
3. The fact that the worker's exposure to or handling of
harmful or hazardous elements has caused the disease to
arise should be medically recognized.
(2) If a disease that arises in a worker suffering from a
work-related injury meets all of the following conditions, the
disease shall be seen as the work-related disease under Article
37 (1) 2 B of the Act:
1. The causal relationship between the work-related injury
and the disease should be medically recognized; and
2. The underlying illness or existing disease should not be a
naturally happening symptom.
(3) The specific criteria for the recognition of work-related
diseases (excluding pneumoconiosis) under paragraphs (1) and
(2) are shown in Table 3.
(4) When deciding whether to recognize a worker's work-related
diseases or death caused by such work-related disease, the
Corporation shall take into account the worker's sex, age,
health, physical constitution, etc.
Article 35 Deleted. <Presidential Decree No. 22492, Nov. 15, 2010>
Article 36 (Criteria for Recognition of Work-related Diseases Due
to Self-Harm)
“The cause prescribed by the Presidential Decree” in the
proviso of Article 37 (2) of the Act refers to cases falling under
1. Where a person who received or is receiving medical
treatment for mental illness arising for work-related
reasons does self-harm in a state of mental disorder;
2. Where a person who is receiving medical care due to an
work-related accident does self-harm in a state of mental
disorder caused by the work-related accident; or
3. Other cases where the fact that self-harm is done in a
state of mental disorder due to work-related reasons is
medically recognized
▮▮ 1043
Article 37 (Presumption of Death)

(1) Cases where a person is presumed to be dead under
Article 39 (1) of the Act shall be those falling under any of the
1. Where an accident happens in which a ship is sunk,
capsized, destroyed or missing, or aircraft is crushed,
destroyed or missing, and the life or death of a worker
aboard the ship or aircraft has been unknown for three
months after the accident occurs;
2. Where a worker aboard a ship or aircraft on voyages
went missing, and his/her life or death has been
unknown for three months after he/she went missing; or
3. Where the life and death of a worker on the site of
various accidents such as natural disasters, fires and
building collapses, etc., has been unknown for three
months after the accident occurs.
(2) A person who is presumed dead under paragraph (1),
shall be presumed to have died on the day the accident
occurred or he/she went missing.
(3) If a person whose life or death has been unknown due
to any of the causes referred to in each subparagraph of
paragraph (1) is confirmed to be dead within three months after
the accident occurred, or he/she went missing, but the date of
his/her death is obscure, he/she shall be presumed to be dead
on the day referred to in paragraph (2).
(4) An insurance subscriber shall make without delay a
report on the confirmation of the missing or death of the
worker to the Corporation, when any of the causes referred to
in subparagraphs of paragraph (1) occurs, or when the death is
confirmed (including the case where the worker is presumed
dead under paragraph (3)).
(5) If after the payment of insurance benefits under Article
39 (1) of the Act, the worker's survival was confirmed, the
person who has received the insurance benefits and the
insurance subscriber shall make a report on the confirmation of
the worker’s survival to the Corporation, within fifteen days
after the survival was confirmed.
(6) If the worker's survival is confirmed, the Corporation
shall notify the person who has received the insurance benefits
that he/she should pay the amount referred to in Article 39 (2)
of the Act.
(7) A person who is given notification pursuant to paragraph

(6) shall pay the notified amount to the Corporation within

thirty days after he/she is given the notification.
SECTION 3
Medical Care Benefits, etc.
Article 38 (Claim, etc., for Medical Care Expenses)

(1) The medical care expenses to be received by a
beneficiary pursuant to the proviso of Article 40 (2) of the Act
shall be as follows:
1. Medical care expenses incurred in cases where the person
receives urgent medical care, such as emergency treatment,
at a medical institution other than industrial accident
insurance-related medical institutions under Article 43 (1)
of the Act (hereinafter referred to as “industrial accident
insurance-related medical institutions”);
2. Expenses (limited to cases where such expenses are not
provided by industrial accident insurance-related medical
institutions) spent for any of the following medical care
benefits:
A. Provision of artificial limbs or other prosthetic devices
under Article 40 (4) 2 of the Act;
B. Patient caring under Article 40 (4) 6 of the Act; and
C. Transfers under Article 40 (4) 7 of the Act
3. Other medical care expenses deemed by the Corporation
to have a justifiable cause
(2) A person who intends to receive the medical care expenses
referred to in paragraph (1) shall file the claim with the Corporation.
(3) If it is urgent or there are other inevitable reasons, the
Corporation may pay in advance the expenses required for the
transfers referred to in Article 40 (4) 7 of the Act after
receiving the claim from the worker concerned.
Article 39 (Criteria for Imposition and Payment of Penalties)
(1) If the Corporation intends to impose penalties pursuant
to Article 44 (1) of the Act, it shall investigate and confirm the
offense and then notify the person subject to the imposition that
he/she should pay such penalties, specifying the facts of
offense, the amount of penalties, how to file an objection, the
period for filing an objection, etc.
▮▮ 1045
(2) The person notified pursuant to paragraph (1) shall pay

the penalties to the agency designated by the Corporation
within twenty days after receiving the notification: Provided that
in cases where he/she is unable to pay the penalties within the
said period for a natural disaster or other inevitable reasons,
he/she shall pay the penalties within seven days after the
reason has disappeared.
(3) The agency which has received the penalties pursuant to
paragraph (2) shall issue a receipt to the person who paid the
penalties.
(4) The agency responsible for receiving penalties, upon receiving
penalties pursuant to paragraph (2), shall inform the Corporation
of the receipt without delay.
(5) The criteria for the imposition of penalties by type and
degree of offense, etc., referred to in Article 44 (2) of the Act
are shown in Table 5.
Article 40 (Submission of Medical Treatment Plans)
shall include the following matters in a medical treatment plan
“medical treatment plan”):
1. Name of the injury or disease the worker is suffering
from due to a work-related accident;
2. Progress in, details of the treatment of, and current state
of, the injury or disease of the worker;
3. Medical necessity of extending the medical care period;
4. Methods, contents and period of future treatment, such as
in-hospital treatment, outpatient treatment or treatment
while in employment; and
5. Other matters necessary for the treatment of the worker
shall prepare a medical treatment plan under paragraph (1) on
a three monthly basis (on a yearly basis if the injury or disease
requires long-term medical care lasting one year or longer due
to its characteristics and is the ones determined by the
Corporation) and submit it to the Corporation at least seven
days before the end of the previous medical care period
(referring to the changed medical care period in cases where
the Corporation makes changes pursuant to Article 41 (2) 1).
Article 41 (Examination of Medical Treatment Plan and Measures
to Change)

(1) When the Corporation examines a medical treatment

plan pursuant to Article 47 (2) of the Act, it may seek advice
from an advisory doctor under Article 42 or undergo
deliberation by a panel of advisory doctors under Article 43:
(2) “The necessary measures prescribed by the Presidential
Decree” in Article 47 (2) of the Act refers to the following measures:
1. Termination of treatment or reduction of scheduled
treatment periods;
2. Changes to treatment methods, such as hospitalization,
outpatient treatment, etc.;
3. Transfer to another hospital; and
4. Other changes to medical treatment plans
(3) If the Corporation intends to take any of the measures
referred to in paragraph (2) with regard to a medical treatment
plan, it shall notify the worker and industrial accident
insurance-related medical institution concerned of its content.
Article 42 (Advisory Doctor)
(1) The Corporation may commission or appoint doctors,
dentists or oriental medicine doctors (including doctors, dentists
or oriental medicine doctors who are an employee of the Corporation)
as advisory doctors in order to give medical advice necessary
for making decisions on the payment of insurance benefits,
medical expenses, medicine expenses, etc., resulting from
work-related accidents or for other insurance activities.
(2) Necessary matters concerning qualifications for advisory
doctors under paragraph (1) (hereinafter referred to as “advisory
doctors”) and procedures, etc., for the commission and appointment
thereof shall be determined by the Corporation
Article 43 (Panel of Advisory Doctors)
(1) The Corporation shall have a panel of advisory doctors
under its affiliate organization in order to give systematic advice
on decisions on the payment of insurance benefits, medical
expenses, medicine expenses, etc., resulting from work-related
accidents and on matters relating to other insurance activities,
which need medical judgments.
(2) The panel of advisory doctors shall be composed of five
advisory doctors or more.
(3) The panel of advisory doctors shall deliberate on the
following matters which need medical judgments, in response to
a request for advice by the Corporation:
1. Whether to terminate treatment for a worker receiving
▮▮ 1047
medical care (limited to cases where there is a difference

of medical opinion regarding the termination of treatment
between doctor in charge and advisory doctor);
2. Adequacy of reasons for a transfer to another hospital
under Article 48 (1) 4 of the Act;
3. Medical opinions regarding the calculation of the amount
of lump-sum insurance benefits referred to in Article 72;
4. Medical opinions regarding the adjudication or judgment
referred to in the proviso of Article 118 (4); and
5. Other matters concerning insurance benefits, medical
expenses and medicine expenses, which the head of the
affiliate organization of the Corporation deems in need of
deliberation by the panel of advisory doctors
(4) Matters necessary for the composition and operation of the
panel of advisory doctors shall be determined by the Corporation.
Article 44 (Hospital Transfer)
“The procedures prescribed by the Presidential Decree” in
Article 48 (1) 4 of the Act refer to the procedures for
deliberation by the panel of advisory doctors.
Article 45 (Additional Injury or Disease)
Injuries or diseases resulting from the accidents during
medical care under Article 32 shall be regarded as the additional
injury or disease under Article 49 of the Act in applying for
medical care benefits.
Article 46 (Industrial Accident Insurance-related Medical Institutions
Subject to Evaluation)
(1) “The medical institutions prescribed by the Presidential
Decree” in the former part of Article 50 (1) of the Act refer to
industrial accident insurance-related medical institutions under
Article 43 (1) 3 of the Act: Provided that medical institutions
certified as medical institutions pursuant to Article 58 of the
Medical Service Act shall be evaluated only for evaluation
categories excluded from the evaluation under the same Act
and relating to the quality of medical care in respect of
work-related accidents. <Amended by Presidential Decree No. 24177,
Nov. 12, 2012>
(2) The Corporation may select medical institutions to be
evaluated from among the industrial accident insurance-related
medical institutions subject to evaluation pursuant to paragraph
(1) after taking into consideration their manpower, facilities,

size, outcomes of medical treatment for workers suffering from

a work-related accident, amount of medical expenses claimed, results,
etc., of previous evaluations regarding medical care benefits, etc.
Article 47 (Method, etc., of Evaluating Industrial Accident Insurance-
related Medical Institutions)
(1) The method of the evaluation of industrial accident
insurance-related medical institutions under Article 50 of the Act
shall be either on-site evaluation or written evaluation. In such
cases, industrial accident insurance-related medical institutions
selected for on-site evaluation shall be so notified in advance.
(2) The evaluation criteria for industrial accident insurance-related
medical institutions are as follows:
1. Manpower, facilities and equipment;
2. Content and level of medical service;
3. Satisfaction levels of workers who have received medical care
4. Outcomes of medical treatment for workers suffering from
a work-related accident; and
5. Other matters concerning the quality of medical care for
workers suffering from a work-related accident
(3) Details necessary for the evaluation under paragraph (2)
shall be determined by the Corporation.
Article 48 (Requirements and Procedures for Additional Medical Care)
(1) The additional medical care (hereinafter referred to as
“additional medical care”) under Article 51 of the Act shall be
provided in cases where a person has received medical care
benefits (or disability benefits in cases of an injury or disease
for which disability benefits not medical care benefits have been
received) for a work-related injury or disease and satisfy all of
the following requirements:
1. There is causal relations between the work-related injury
or disease cured and the injury or disease subject to
additional medical care;
2. The state of the injury or disease subject to additional
medical care has deteriorated compared with when the
person was cured and the deterioration is not due to age
or other reasons unrelated to work;
3. Active treatments, such as surgical operations (including
operations to remove a fixed object from the body or
reoperations on mutilated parts in order to attach artificial
limbs), are deemed necessary for improving the state of
the injury or disease subject to additional medical care; and
▮▮ 1049
4. The injury or disease subject to additional medical care

should be expected to be able to be treated by the
additional medical care
(2) A person who intends to receive additional medical care
shall apply for additional medical care to the Corporation as
SECTION 4
Wage Replacement Benefits
Article 49 (Requirements for Payment of Partial Wage Replacement

Benefits)
A person who intends to receive partial wage replacement
benefits under Article 53 of the Act shall meet all of the
following requirements:
1. While receiving medical care, the person should be
employed in a fixed business, be engaged in a fixed job
and has fixed working hours; and
2. There should be a doctor's opinion that even the
worker's employment will neither delay the cure of, nor
aggravate, his/her injury and disease.
Article 50 (Procedures for Payment of Partial Wage Replacement
Benefits)
(1) A person who intends to receive partial wage replacement
benefits shall file the claim with the Corporation with the
documents prescribed by the Ordinance of the Ministry of
Employment and Labor attached thereto. <Amended by
(2) Upon receipt of the claim referred to in paragraph (1),
the Corporation shall decide whether to make that payment
after taking into consideration the worker's state of injury or
disease, work, working hours, etc., and inform the worker of
the decision.
Article 51 (Grace Period Before Payment of Wage Replacement
Benefits in Reduced Amount for the Aged)
“The period prescribed by the Presidential Decree” in the
proviso of Article 55 of the Act refers to two years after the
start of medical care due to a work-related accident.

Article 52 (Date of Occurrence of Reasons for Calculating Average

Wage Due to Additional Medical Care)
“The date of the occurrence of reasons for calculating the
average wage” in the latter part of Article 56 (1) of the Act
refers to any of the following days:
1. The day when the injury or disease subject to additional
medical care is diagnosed as requiring additional medical
care: Provided that if there is time or medical continuity
between the diagnosis and the examination or treatment
of the injury or disease subject to additional medical care
prior to the diagnosis, the start day of the examination or
treatment; or
2. In cases of a disease for which whether or not it is subject
to additional medical care should be judged following the
procedures prescribed by the Ordinance of the Ministry of
Employment and Labor because of the characteristics of
the diseases, the date of issuance on the medical certificate
or medical opinion available at the time of applying for
such judgment <Amended by Presidential Decree No. 22269,
Jul. 12, 2010>
SECTION 5
Disability Benefits
Article 53 (Criteria, etc., for Disability Grades)

(1) The criteria for disability grades referred to in Article 57
(2) of the Act shall be governed by Table 6. In such cases,
detailed criteria, etc., for the judgement of disability grades by
body part shall be prescribed by the Ordinance of the Ministry
22269, Jul. 12, 2010>
(2) If there are two or more disabilities falling under the
criteria for disability grades as prescribed in Table 6, the
disability grade of the worker concerned shall be that of the
more severe disability, and if there are two or more disabilities
falling under grade 13 or higher, the disability grade of the
worker concerned shall be the one adjusted according to the
following subparagraphs: Provided that if the disability grade is
arithmetically higher than grade 1 as a result of the adjustment,
▮▮ 1051
grade 1 shall be the disability grade of the worker concerned,

and if the degree of the disability is deemed obviously lower
than the degree of the other disabilities set forth for the
adjusted grade, the grade just below the adjusted grade shall be
the disability grade of the worker concerned:
1. If there are two or more disabilities falling under grade 5
or higher, the grade shall be adjusted upwards by three;
2. If there are two or more disabilities falling under grade 8
or higher, the grade shall be adjusted upwards by two;
and
3. If there are two or more disabilities falling under grade
13 or higher, the grade shall be adjusted upwards by one.
(3) If there is a disability not prescribed in Table 6, the
grade of a similar disability shall be the grade of the disability.
(4) If a person, who already has a disability, has disabilities
in the same body part aggravated due to a work-related injury
or disease, the amount of disability benefits shall be the one
calculated on the basis of the number of payment days for
lump-sum disability compensation or disability compensation
annuities by grade of disability as shown in Table 2 in accordance
with the following subparagraphs:
1. When the benefits are paid in the form of lump-sum
disability compensation: the number of payment days for
lump-sum disability compensation corresponding to the
aggravated disability minus the number of payment days
for lump-sum disability compensation corresponding to
the existing disability and then multiplied by the amount
of average wage at the time when the reason for
claiming the payment of the benefits occurs; or
2. When the benefits are paid in the form of disability
compensation annuities: the number of payment days for
disability compensation annuities corresponding to the
aggravated disability minus the number of payment days
for disability compensation annuities corresponding to the
existing disability (if the existing disability is a disability
falling under grades 8 through 14, the number of payment
days for lump-sum disability compensation corresponding
to such disability multiplied by 22.2/100) and then multiplied
by the amount of average wage at the time of the payment
of the annuities.
(5) “The disability grades prescribed by the Presidential
Decree, which are characterized as a complete loss of work ability”

in the proviso of Article 57 (4) of the Act refer to disability

grades 1 to 3 as set forth in Table 6.
(6) A person who intends to receive a lump sum payment
pursuant to Article 47 (5) of the Act shall make the claim with
the Corporation.
Article 54 (Interest Rate for Disability Compensation Annuities
Paid in Advance)
If disability compensation annuities are paid in advance
pursuant to Article 57 (4) of the Act, the payment shall be
made after subtracting 2/100 of the annuities to be paid in advance.
Article 55 (Persons Subject to Redetermination of Disability Grades,
Etc.)
(1) Those subject to the redetermination of disability grades
or pneumoconiosis disability grades (hereinafter referred to as
"disability grades, etc") pursuant to Article 59 (3) of the Act
shall be beneficiaries of disability compensation annuities or
pneumoconiosis compensation annuities, who fall under any of
22492, Nov. 15, 2010>
1. Where the person has one or more of the disabilities
eligible for disability compensation annuities, which fall
under grades 1-3, 2-5, 3-3, 5-8, 7-4, 9-15 or 12-15 set forth
in Table 6;
under grades 6-5, 7-14, 8-2, 9-17, 10-8, 11-7 or 12-16 set
forth in Table 6 (limited to cases where the disability
grade is determined based on spinal nerve root disorder);
under grades 1-6, 1-8, 4-6, 5-4, 5-5, 6-6, 6-7, 7-7, 7-11, 8-4,
8-6, 8-7, 9-11, 9-13, 10-10, 10-13, 10-14, 11-9, 11-10, 12-9,
12-10, 12-12, 12-14, 13-8 or 13-11 set forth in Table 6
(limited to cases where the disability grade is determined
based on the motor functions of body joints);
4. Where the person sustains any of the pneumoconiosis
disabilities comparable to grades 1 through 7 set forth in
subparagraph 2 of Table 11-2 from among disabilities
eligible for pneumoconiosis disability compensation annuities;
5. Where the person has disabilities referred to in Article 53
(3), which are eligible for disability compensation annuities
▮▮ 1053
and include one or more of the disabilities prescribed in

subparagraphs 1 through 3
(2) Notwithstanding the provision of paragraph (1), if the
final disability grade of the beneficiary of a disability compensation
annuity has not changed because of his/her other disabilities
even though the grades of some of his/her disabilities have
changed pursuant to subparagraphs of paragraph (1), he/she
shall be excluded from those subject to the redetermination of
disability grades.
Article 56 (Period, etc., for Redetermination of Disability Grades, Etc.)
(1) The redetermination of disability grades, etc. under Article
59 of the Act shall be made within one year after two years
have passed since the day when the decision to pay disability
compensation annuities or pneumoconiosis compensation annuities
was made. <Amended by Presidential Decree No. 22492, Nov. 15, 2010>
(2) Notwithstanding the provision of paragraph (1), if a
person subject to the redetermination of disability grades receives
additional medical care, the redetermination shall be made within
one year after two years have passed since the day when he/she
was cured after the additional medical care (in cases where
his/her disability grades, etc. has changed, the day when the
decision to pay disability compensation annuities or pneumoconiosis
compensation annuities according to that change was made).
(3) If the Corporation intends to redetermine disability grades,
etc. pursuant to paragraphs (1) or (2), it shall demand the
person subject to the redetermination to undergo the medical
examination under Article 117 (1) 2. <Amended by Presidential
Decree No. 22492, Nov. 15, 2010>
(4) A person who intends to have his/her disability grade,
etc. redetermined pursuant to Article 59 (1) of the Act shall
make an application to the Corporation as prescribed by the
by Presidential Decree No. 22269, Jul. 12, 2010> and Presidential
Decree No. 22492, Nov. 15, 2010>
(5) If the Corporation intends to redetermine disability grades,
etc., it shall inform the worker concerned of the industrial
accident insurance-related medical institution (or medical
examination institutes in accordance with Article 91-6 (1) of the
Act, in the case of redetermining pneumoconiosis disability
grades) which will examine the degree of disability, the date of
the medical examination or other matters necessary for the

redetermination at least 30 days before the date of the medical

examination. <Amended by Presidential Decree No. 22492, Nov. 15, 2010>
Article 57 (Method of Payment of Disability Benefits or Pneumoconiosis
Compensation Annuities According to Redetermination
of Disability Grades, Etc.)
(1) If a person files a claim for disability compensation
annuities or pneumoconiosis compensation annuities as his/her
disability grade, etc has changed as a result of the redetermination
of disability grades, etc pursuant to Article 59 of the Act,
disability compensation annuities, or pneumoconiosis compensation
annuities corresponding to the changed disability grade, etc
shall be paid beginning from the month following the month in
which the date of medical examination falls. <Amended by
(2) If a person files a claim for lump-sum disability compensation
as his/her disability grade has changed as a result of the
redetermination of disability grades pursuant to Article 59 of
the Act, the payment shall be made in accordance with the
1. Where the disability has worsened: the person shall be
paid the number of payment days for lump-sum disability
compensation corresponding to the changed disability
grade minus the sum of the numbers of days obtained by
dividing the amount of disability compensation annuities
already paid by each average wage at the time of the
payment and then multiplied by the average wage;
2. Where the disability has improved (including cases where
the changed disability grade is between grade 8 and
grade 14): only when the number of payment days for
changed disability grade is larger than the sum of the
numbers of days obtained by dividing the amount of
disability compensation annuities already paid by each
average wages at the time of the payment, shall the
person be paid the amount of average wage multiplied
by the difference in the number of days.
(3) In the case of paying disability compensation annuities
pursuant to paragraph (1), Article 57 (4) of the Act shall not apply.
Article 58 (Disability Benefits After Additional Medical Care)
(1) If a person who has received disability compensation
annuities files a claim for disability compensation annuities as
▮▮ 1055
his/her disability grade has changed after receiving additional

medical care, disability compensation annuities corresponding to
the changed disability grade shall be paid beginning from the
month following the month in which the day he/she was cured
after additional medical care falls.
(2) If a person who has received disability compensation
annuities files a claim for lump-sum disability compensation as
his/her disability grade has changed after receiving additional
medical care, the payment shall be made in accordance with the
1. Where the disability has worsened: the person shall be
grade minus the sum of the numbers of days obtained by
dividing the amount of disability compensation annuities
already paid by each average wage at the time of the
payment and then multiplied by the average wage;
2. Where the disability has improved (including cases where
the changed disability grade is between grade 8 and
grade 14): only when the number of payment days for
changed disability grade is larger than the sum of the
numbers of days obtained by dividing the amount of
disability compensation annuities already paid by each
average wages at the time of the payment, shall the
person be paid the amount of average wage multiplied
by the difference in the number of days
(3) If a person who has received lump-sum disability
compensation has his/her disability worsened compared with
before after additional medical care, the disability benefits shall
be paid according to the following methods:
1. Where he/she files a claim for the payment in the form
of disability compensation annuities: disability compensation
annuities corresponding to the changed disability grade
shall be paid beginning from the month following the
month in which the day he/she was cured after
additional medical care falls, but he/she shall not be paid
the amount of disability compensation annuities corresponding
to the number of days for which the lump-sum disability
compensation has been paid;
2. Where he/she files a claim for the payment in the form
of lump-sum disability compensation: he/she shall be


grade minus the number of payment days for lump-sum
disability compensation corresponding to the previous
disability grade and then multiplied by the average wage.
(4) The average wage used to calculate disability benefits
after additional medical care shall be the amount obtained by
increasing or decreasing the average wage (the average wage at
the time of the termination of the previous medical care in
cases where disability benefits have not been received before)
used to calculate the previous disability benefits pursuant to
Article 22.
(5) In the case of paying disability compensation annuities
after additional medical care, Article 57 (4) shall not apply:
Provided that this shall not apply if a person who was
previously ineligible for disability benefits receives disability
compensation annuities after additional medical care.
SECTION 6
Nursing Benefits
Article 59 (Payment Standard and Method of Nursing Benefits)

(1) Those eligible for nursing benefits under Article 61 (1) of
the Act are shown in Table 7.
(2) Nursing benefits shall be paid for days during which a
person eligible for nursing benefits pursuant to paragraph (1)
actually receives nursing care.
(3) The standard amount of nursing benefits shall be the
one announced by the Minister of Employment and Labor on
the basis of total monthly wages, etc., by occupation according
to the survey on labor conditions by type of employment
prepared by the Minister of Employment and Labor among the
designated statistics referred to in Article 3 of the Statistics Act.
In such cases, the amount of nursing benefits to be paid to
those eligible for occasional nursing benefits shall be two thirds
of the amount to be paid to those eligible for permanent
nursing benefits. <Amended by Presidential Decree No. 22269, Jul.
12, 2010>
(4) Notwithstanding the provision of paragraph (1), a person
eligible for nursing benefits spends no nursing expenses as
▮▮ 1057
he/she enters a free-of-charge nursing home, etc., or spends less

than the standard amount under paragraph (3), the amount
actually spent shall be paid as his/her nursing benefits.
(5) If a beneficiary of nursing benefits receives additional
medical care pursuant to Article 51 of the Act, nursing benefits
shall not be paid during the additional medical care.
(6) The method of claiming nursing benefits shall be
SECTION 7
Survivors Benefits
Article 60 (Appointment, etc., of Representative for Claiming Survivors

Compensation Annuity)
(1) If there are two or more persons entitled to a survivors
compensation annuity, one of them may be appointed as a
representative to claim and receive the survivors compensation
annuity.
(2) If a representative is appointed under paragraph (1), or
the appointed representative is dismissed, it shall be reported
without delay to the Corporation together with documents to
attest such appointment or dismissal.
Article 61 (Scope of Surviving Family Members Supported by Worker)
“The surviving family members whose livelihood was
supported by the worker” in Article 63 (1) of the Act refer to
persons falling under any of the following subparagraphs:
1. A surviving family member who is described as having
lived with the worker in the same household in the
resident registration index book under the Resident
Registration Act and all or substantial part of whose
livelihood was maintained by the worker's incomes;
2. A surviving family member all or substantial part of
whose livelihood was maintained by the worker's incomes
but who is registered as having resided in a different
household from, or did not live with, the worker due to
study, employment, medical care and other residential
circumstances;
3. Surviving family members other than those referred to in

paragraphs (1) and (2), all or most part of whose livelihood

was maintained with the help of money and other valuable
goods or economic support regularly provided by the worker
Article 62 (Suspension, etc., of Payment of Survivors Compensation
Annuity)
(1) If the right to receive a survivors compensation annuity
has been transferred pursuant to Article 64 (2) of the Act, a
person who intends to newly receive a survivors compensation
annuity shall file an application with the Corporation for a
change of the beneficiary of the survivors' compensation annuity.
(2) If the beneficiary of a survivors compensation annuity
has been missing for three months or more pursuant to Article
64 (3) of the Act, the payment of the annuity to that missing
person shall be suspended at the request of a person (in cases
where no such person exists, the person next in the order) at
the same priority level in the order for the period of
disappearance starting from the month following the month in
which the beneficiary went missing and the amount calculated
in accordance with Article 62 (2) and Table 3 of the Act shall
be paid as a survivors' compensation annuity. In such cases, the
former beneficiary of a survivors compensation annuity shall not
be deemed a person entitled to a survivors compensation
annuity, to whom additional payment referred to in Article 62
(2) and Table 3 of the Act applies.
(3) A person for whom the payment of a survivors
compensation annuity is suspended pursuant to paragraph (2)
may apply any time for the nullification of the suspension.
Article 63 (Adjustment of Survivors Compensation Annuity)
If any of the following causes occurs, the Corporation may
adjust, at the request of the beneficiary of a survivors
compensation annuity or by virtue of its authority, the amount
of survivors compensation annuities for months following the
month in which those causes occur:
1. Where a child who was a fetus at the time of the
worker’s death is born;
2. Where the suspension of payment is lifted under Article
62 (3)
3. Where the person entitled to the survivors compensation
annuity loses entitlement under Article 64 (1); and
4. Where the person entitled to the survivors compensation
annuity is missing
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SECTION 8
Injury-Disease Compensation Annuities
Article 64 (Payment, etc., of Injury-Disease Compensation Annuities)

(1) A person who intends to receive an injury-disease
compensation annuity as prescribed in Articles 66 through 69 of
the Act shall file a claim with the Corporation for the injury-
disease compensation annuity, together with a medical certificate
issued by a doctor, which can attest to his/her state of invalidity.
(2) If the invalidity grade of a worker receiving an injury-
disease compensation annuity has changed, the Corporation may
pay, at the request of the beneficiary or by virtue of its
authority, an injury-disease compensation annuity based on the
new invalidity grade starting from the month following the
month in which such a change has taken place.
(3) When a worker receiving an injury-disease compensation
annuity files a claim for injury-disease compensation annuity
due to a change of his/her invalidity grade under paragraph
(2), he/she shall attach a medical certificate issued by a doctor,
which can attest to his/her state of invalidity.
Article 65 (Criteria, etc., for Invalidity Grades)
(1) The criteria for invalidity grades based on which
injury-disease compensation annuities are paid pursuant to Articles
66 through 69 of the Act are shown in Table 8.
(2) With regard to the adjustment of invalidity grades in
cases where there are two invalidities or more, the provision of
Article 53 (2) shall apply mutatis mutandis. In such cases,
“disability grades” shall be read as “invalidity grades” and
“disability” as “invalidity” and the disability grades 4 to 14 set
forth in Table 6 shall be regarded as respective corresponding
invalidity grades.
(3) If an existing invalidity is aggravated due to a new
work-related injury or disease, the amount of injury-disease
compensation annuity for the aggravated invalidity grade shall
be calculated by subtracting the number of payment days for
injury-disease compensation annuities corresponding to the
existing validity grade from the number of payment days for
injury-disease compensation annuities corresponding to the aggravated
validity grade and then multiplying the resulting number by the
average wage at the time of the payment of the annuity.

SECTION 9
Funeral Expenses
Article 66 (Calculation of Maximum and Minimum Funeral Expenses)

(1) The maximum and minimum amounts of funeral expenses
prescribed in Article 71 (2) of the Act shall be calculated in
accordance to the following subparagraphs:
1. Maximum amount of funeral expenses: 90 days of the
average funeral expenses per person paid to those entitled
to funeral expenses in the previous year + 30 days of the
maximum standard amount of compensation under Article
36 (7) of the Act; and
2. Minimum amount of funeral expenses: 90 days of the
average funeral expenses per person paid to those entitled
to funeral expenses in the previous year + 30 days of the
minimum standard amount of compensation under Article
36 (7) of the Act
(2) In calculating the maximum and minimum amounts of
funeral expenses, amounts less than ten Won shall be rounded off.
(3) The application period for the maximum and minimum
amounts of funeral expenses shall be from January 1 to
December 31 of the following year.
SECTION 10
Vocational Rehabilitation Benefits
Article 67 (Support for Vocational Rehabilitation)

(1) For the vocational rehabilitation of a person suffering
from a work-related accident, the Corporation may provide
psychological counseling, information necessary for vocational
rehabilitation, vocational assessment in consideration of the
worker's vocational desire, skills, etc., assistance in establishing
a plan to return to work or other necessary supports while or
after the worker receives medical care.
(2) The Corporation may ask for cooperation in counseling,
assessment or other areas from a person suffering from a
work-related accident, if such cooperation is needed for providing
the support for vocational rehabilitation referred to in paragraph (1).
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Article 68 (Persons Eligible for Vocational Rehabilitation Benefits)

(1) Training targets under Article 72 (1) 1 of the Act
(hereinafter referred to as “training targets”) shall be those who
meet all of the following requirements: <Amended by Presidential
Decree No. 22101, Mar. 26, 2010; Presidential Decree No. 22269, Jul.
12, 2010; and Presidential Decree No. 22492, Nov. 15, 2010>
1. The person shall fall under any of the following items:
A. The person falls into any of disability grades 1 to 12; or
B. The person is under medical care due to a work-related
injury or disease, and there is a medical opinion that
the injury and disease, even after cured, will result in
the person falling into any of disability grades 1 to 12.
2. Deleted. <Presidential Decree No. 24177, Nov. 12, 2012>
3. The person is unemployed. In such cases, the scope of
unemployment shall be determined by the Ordinance of
4. The person is receiving any other vocational training; and
5. The person has established a plan to return to work
pursuant to Article 67 (1).
(2) Notwithstanding the provisions of paragraph (1) 3, if a
training target who is receiving vocational training is employed
during the vocational training period, he/she may be allowed
to receive the vocational training until it ends, but shall not be
paid vocational training allowances for the period of employment.
(3) If the training target referred to in paragraph (1) receives
job-seeking benefits under the Employment Insurance Act during
his/her vocational training period, he/she may be allowed to
receive the vocational training, but shall not be paid vocational
training allowances. <Amended by Presidential Decree No. 22101,
Mar. 26, 2010>
(4) The recipients of disability benefits under Article 72 (1) 2
of the Act (hereinafter referred to as “recipients of disability
benefits”) shall be those who fall under subparagraph 1 of
paragraph (1) when they return to the work concerned.
Article 69 (Restrictions on Payment of Vocational Training Costs)
“Such cases as prescribed by the Presidential Decree” in the
proviso of Article 73 (2) of the Act refer to cases where a
vocational training institution falls under any of the following
subpargraphs with regard to vocational training for the training
target concerned: <Amended by Presidential Decree No. 22356, Aug.
25, 2010>

1. Where it has received support for job adaptation training

pursuant to Article 11 of the Act on Employment
Promotion and Vocational Rehabilitation for the Disabled
and support for vocational skills development training
pursuant to Article 12 of the same Act;
2. Where it has received support for vocational skills development
training pursuant to Article 29 of the Employment Insurance
Act;
3. Where it has received support for vocational skills
development training pursuant to Articles 11-2, 12, 15 and
17 of the Workers Vocational Skills Development Act;
4. Where the employer who intends to employ the training
target has borne the vocational training costs; or
5. Where it has received support equivalent to the vocational
training costs under other Acts or subordinate statutes
Article 70 (Requirements for Payment of Return-to-work Subsidy, etc.)
(1) The return-to-work subsidy referred to in Article 75 (2)
of the Act shall be paid if an employer has retained a recipient
of disability benefits for not less than six months since the
termination of the medical care or the return-to-work date and
paid resulting wages: Provided that if the recipient of disability
benefits voluntarily retires less than six months after the date of
medical care termination or the return-to-work date, the
return-to-work subsidy until the retirement day shall be paid.
(2) The work adaption training costs and rehabilitation
exercise costs referred to in Article 75 (3) of the Act shall be
paid if an employer has provided work adaption training or
rehabilitation exercise programs necessary for a recipient of
disability benefits to perform his/her duties or switch to other
duties and meets all of the following requirements: <Amended by
1. The employer started the work adaptation training or
rehabilitation exercise programs within six months after
the date of medical care termination or date of return to
work;
2. The employer has retained the worker for six months or
more after the end of the work adaptation training or
rehabilitation exercise programs: Provided that this shall
not apply if the recipient of disability benefits voluntarily
retires less than six months after the end of the work
adaptation training or rehabilitation exercise programs
▮▮ 1063
(3) When the date of medical care termination or date of return

to work is applied, among recipients of disability benefits, those who
have received disability benefits shall be subject to the date of
medical care termination, and those who will obviously receive
disability benefits shall be subject to the date of return to work.
Article 71 (Restrictions on Payment of Return-to-work Subsidy, etc.)
(1) “Such cases as prescribed by the Presidential Decree” in
Article 75 (4) of the Act refer to cases where an employer
employing a recipient of disability benefits falls under any of
22101, Mar. 26, 2010>
1. Where he/she has received support under Articles 23, 27
and 32 of the Employment Insurance Act;
2. Where he/she has received employment subsidy under
Article 30 of the Act on Employment Promotion and
Vocational Rehabilitation for the Disabled;
3. Where he/she has received support under Article 20 (1)
of the Workers Vocational Skills Development Act; or
4. Where he/she has received an amount of money equivalent
to the return-to-work subsidy, work adaptation training
costs or rehabilitation exercise costs under other Acts or
subordinate statues
(2) “Such cases as prescribed by the Presidential Decree,
including when a disabled person is employed according to the
obligation under Article 28 of the Act on Employment
Promotion and Vocational Rehabilitation for the Disabled” in
Article 75 (5) of the Act refer to cases where an employer
employing a recipient of disability benefits falls under any of
the following subparagraphs: <Newly inserted by Presidential
Decree No. 22101, Mar. 26, 2010>
1. Where he/she employs a disabled person required to be
employed pursuant to Article 28 of the Act on Employment
Promotion and Vocational Rehabilitation for the Disabled
(Only return-to-work subsidy shall not be provided); or
2. Where in the three months before or six months after a
recipient of disability benefits returns to work, he/she
makes another recipient of disability benefits or a disabled
person prescribed by the Act on Employment Promotion
and Vocational Rehabilitation for the Disabled retire from the
business for the purpose of getting return-to-work subsidy

SECTION 11
Lump-sum Payment, etc. of Insurance Benefits
Article 72 (Criteria for Lump-sum Payment of Insurance Benefits)

“Each amount converted according to the methods prescribed
by the Presidential Decree” in the former part of Article 76 (2)
of the Act, other than each subparagraph, refers to the amount
of insurance benefits referred to in each subparagraph of the
same paragraph minus 2/100 of that amount. In such cases, the
amount of injury-disease compensation annuity shall be the
amount of lump-sum disability compensation for the disability
grade corresponding to the invalidity grade and the amount of
disability compensation annuity shall be the amount of lump-
sum disability compensation for the disability grade.
Article 73 (Criteria, etc., for Payment of Special Disability Benefits)
(1) “The grades of disability or pneumoconiosis disability
grades prescribed by the Presidential Decree” in Article 78 (1)
of the Act refer to disability grades 1 to 3 as prescribed in
Table 6, or pneumoconiosis disability grades 1 through 3 as
shown in Table 11-2. <Amended by Presidential Decree No. 22492,
Nov. 15, 2010>
(2) “The special disability benefits as prescribed by the
Presidential Decree” in Article 78 (1) of the Act refer to the
amount calculated by subtracting the lump sum disability
compensation (in cases of a pneumoconiosis compensation annuities
recipient, referring to lump-sum disability compensation corresponding
to the same disability grade of the pneumoconiosis disability
grade concerned) referred to in Article 57 of the Act from the
amount calculated by multiplying 30 days of average wages by
the rate of work ability loss for each disability grade or
pneumoconiosis disability grade shown in Table 9 and by
Leibniz's coefficient corresponding to the period to be employed
as prescribed in Table 11. <Amended by Presidential Decree No.
22492, Nov. 15, 2010>
(3) The period to be employed in the future under
paragraph (2) shall be from the date of the determination of
disability grades, etc. to the day when the person reaches the
mandatory retirement age set by the collective agreements or
the employment rules. In such cases, if the collective agreements
▮▮ 1065
or the employment rules do not provide for a mandatory

retirement age, sixty years of age shall be considered as the
mandatory retirement age. <Amended by Presidential Decree No.
22492, Nov. 15, 2010>
Article 74 (Criteria, etc., for Payment of Special Survivors Benefits)
(1) “The special survivors benefits prescribed by the
Presidential Decree” in Article 79 (1) of the Act refer to the
amount obtained by subtracting the living costs (the amount
calculated by multiplying 30 days of his/her average wages by
the rate of living costs as set forth in Table 6) of the deceased
person from 30 days of his/her average wages and then
subtracting the lump sum survivors compensation referred to in
Article 62 of the Act from the resulting amount multiplied by
Leibniz's coefficient corresponding to the number of months to
be employed as set forth in Table 11.
(2) The provisions of Article 73 (3) shall apply mutatis
mutandis to the calculation of the period to be employed referred
to in paragraph (1). In such cases, “the date of the determination
of disability grade” shall be read as “the date of death”.
Article 75 (Collection of Special Benefits)
(1) An insurance subscriber may, upon receiving a payment
notice on special disability benefits or special survivors benefits
pursuant to Articles 78 (3) and 79 (2) of the Act, pay them in
four equal installments over the course of one year.
(2) If special disability benefits or special survivors benefits
are paid in installments pursuant to paragraph (1), the first
installment shall be paid by the end of the quarter in which
the payment thereof is notified, and thereafter the remaining
installments by the end of respective quarters.
Article 76 (Criteria for Adjustment to Other Compensation or
Indemnity)
(1) The “amount calculated by converting the money and
valuable goods received according to the method as prescribed
by the Presidential Decree” in the text of Article 80 (3) of the
Act means the amount of insurance benefits corresponding to
the number of days obtained by dividing the received money
and valuable goods by the average wages at the time of the
calculation of the damages: Provided that if the received money
and valuable goods are medical care, the amount shall be the
one spent for the medical care.

(2) In application of the provisions of paragraph (1), if the

insurance benefits to be paid to a beneficiary are pneumoconiosis
compensation annuities, pneumoconiosis survivors annuities,
survivors compensation annuities or wage replacement benefits,
the number of days obtained by dividing the pneumoconiosis
compensation annuities, pneumoconiosis survivors annuities,
survivors compensation annuities or wage replacement benefits
by the average wages (the minimum wage in cases of wage
replacement benefits under Article 54 (2) and 56 (2) of the Act)
at the time of the calculation of the insurance benefits
concerned shall be considered as the number of payment days
for the insurance benefits and the average wages as the daily
amount of the insurance benefits. <Amended by Presidential Decree
No. 22492, Nov. 15, 2010>
Article 77 (Decision, etc., on Beneficiaries of Unpaid Insurance Benefits)
The provisions of Article 65 (1), (2) and (4) shall apply
mutatis mutandis to decisions on beneficiaries of unpaid
insurance benefits as prescribed in Article 81 of the Act.
Article 78 (Scope, etc., of Restrictions on Payment of Insurance Benefits)
(1) If a beneficiary of insurance benefits falls under Article
83 (1) 1 of the Act, the Corporation shall not pay him/her an
amount equivalent to 20 days (if the period until the occurrence
of reasons for the payment is less than 20 days, that period) of
wage replacement benefits or injury-disease compensation annuities
whose reason for payment occurs after the decision to restrict
the payment of insurance benefits has been made.
(2) If a beneficiary of a disability compensation annuity or
pneumoconiosis compensation annuity falls under Article 83 (1)
2 of the Act, the Corporation shall pay his/her disability benefits
in accordance with the following subparagraphs: <Amended by
1. If the state of disability has worsened compared with the
previous disability grade, etc. the Corporation shall pay a
disability compensation annuity or pneumoconiosis compensation
annuity corresponding to the previous disability grade,
etc.; or
2. If it was confirmed by medical opinions, etc., that the state
of disability had improved compared with the previous
disability grade, etc. but the state of disability has worsened
before the redetermination of his/her disability grade, etc., the
Corporation shall pay disability benefits or a pneumoconiosis
▮▮ 1067
compensation annuity corresponding to the improved

disability grade, etc.
Article 79 (Collection of Undue Gains)
(1) When the Corporation has decided to collect any undue
gains as prescribed in Article 84 of the Act, it shall notify
without delay the person liable for the payment that he/she
should pay such amount.
(2) The person who receives the notification under paragraph
(1) shall pay the amount within thirty days after receiving the
notification.
Article 80 (Limit to and Procedure for Appropriation of Insurance
Benefits, etc.)
(1) When the Corporation appropriates insurance benefits,
medical expenses and medicine expenses pursuant to Article 86 of
the Act, the maximum appropriation limit shall be as follows:
1. If there are any insurance benefits to be paid to a person
who has taken undue gains pursuant to Article 84 (1) of
the Act, the maximum appropriation limit shall be 1/10
of the insurance benefits to be paid: Provided that if the
beneficiary of the insurance benefits agrees in writing to
have more than 1/10 of the insurance benefits appropriated,
as prescribed by the Ordinance of the Ministry of
Employment and Labor, it shall be the agreed amount;
2. If a person who has taken undue gains pursuant to
Article 84 (1) of the Act or a person held jointly
responsible pursuant to paragraph (2) of the same Article
is an insurance subscriber, the maximum appropriation
limit shall be the amount of insurance benefits (including
the subrogated amount, in cases where the insurance
subscriber has subrogated the right to receive insurance
benefits pursuant to Article 89 of the Act) to be paid to
the insurance subscriber;
3. If there is any medical expenses to be paid to an
industrial accident insurance-related medical institution
held jointly responsible pursuant to Article 84 (2) of the
Act, the maximum appropriation limit shall be an amount
equivalent to the medical expenses; or
4. If there are any medical expenses or medicine expenses
to be paid to an industrial accident insurance-related
medical institution or a pharmacy which has taken undue

gains pursuant to Article 84 (3) of the Act, the maximum

appropriation limit shall be an amount equivalent to the
medical expenses or medicine expenses
(2) If the Corporation intends to make an appropriation
pursuant to paragraph (1), it shall hear opinions from the
beneficiary of insurance benefits, insurance subscriber, industrial
accident insurance-related medical institution or pharmacy and
once it has decided to appropriate, shall inform without delay
the beneficiary of insurance benefits, insurance subscriber,
industrial accident insurance-related medical institution or pharmacy
of this.
Article 81 (Adjustment of Insurance Benefits for Person Receiving
Damages from Third Person)
If a beneficiary of insurance benefits receives damages from
a third person, the provisions of Article 76 shall apply mutatis
mutandis with regard to the method of converting the damages
into an amount in which insurance benefits are not paid
pursuant to the proviso of Article 87 (2) of the Act.
Article 82 (Exercise by Proxy of Right to Benefits)
(1) If an insurance subscriber (including subcontractors
under subparagraph 5 of Article 2 of the Insurance Premium
Collection Act; hereinafter in this Article, the same shall apply)
intends to receive insurance benefits by exercising by proxy the
right of a beneficiary of insurance benefits pursuant to Article
89 of the Act, he/she shall file a claim with the Corporation,
together with documents certifying the fact that he/she has paid
the beneficiary money or other valuable goods equivalent to the
insurance benefits for the same cause as insurance benefits
should be paid under the Act.
(2) If an insurance subscriber files a claim to receive
insurance benefits by exercising by proxy the right pursuant to
paragraph (1), the Corporation shall check whether the beneficiary
of the insurance benefits has received money or other valuable
goods equivalent to the amount of insurance benefits concerned.
(3) If an insurance subscriber has provided a beneficiary of
insurance benefits with money or other valuable goods equivalent
to his/her disability benefits or survivors' benefits pursuant to
Article 89 of the Act, he/she shall be considered to have been
provided money or other valuable goods equivalent to the lump
sum disability compensation or lump sum survivors compensation.
Article 83 (Preparation of Benefit Ledger)
▮▮ 1069
(1) The Corporation shall, when paying insurance benefits,

prepare and keep a benefit ledger by worker who has received
the benefits.
(2) The Corporation shall, at the request of a person related
to insurance benefits, allow him/her to inspect the benefit
ledger and if necessary, may issue a certificate.
CHAPTER III-2
Special Cases of Insurance Benefits Concerning
Pneumoconiosis
<Newly Inserted by Presidential Decree No. 22492, Nov. 15, 2010>
Article 83-2 (Criteria for Pneumoconiosis Confirmation and Insurance
Benefits Payment)
(1) Criteria for classifying pneumoconiosis types, determining
cardiopulmonary function, and criteria for pneumoconiosis disability
grades, and criteria for approving medical care eligibility based
on complications, etc., which are necessary in determining
payment or non-payment of insurance benefits and in determining
pneumoconiosis of pneumoconiosis workers as prescribed under
Article 91-8 (1) and (2) of the Act, are shown in Table 11-2.
(2) Table 11-3 defines criteria for determining pneumoconiosis
disability grades for those pneumoconiosis workers whose
cardiopulmonary function is difficult to assess due to complications,
etc. as prescribed under Article 91-8 (3).
<This Article Newly Inserted by Presidential Decree No. 22492
Nov. 15, 2010>
Article 83-3 (Consideration factors in Concluding Death from
Pneumoconiosis)
Factors that shall be considered in determining death from
pneumoconiosis in accordance with Article 91-10 of the Act
shall include the types of pneumoconiosis, cardiopulmonary
function, complications, gender, age, etc.
Nov. 15, 2010>

CHAPTER IV
Labor Welfare Project
Article 84 (Persons Eligible for Loans for Individual Co-payment

of Medical Care Benefit Costs under National Health
Insurance)
“The persons prescribed by the Presidential Decree” in Article
93 (1) refer to those who meet all of the following requirements:
1. The Corporation has not take a decision on medical care
benefits until after thirty days have passed since the day
the worker applied for the medical care benefits pursuant
to Article 41 (1) of the Act; and
2. There should be a medical opinion that a causal relationship
is presumed to exist between the worker's job and
disease in relation to which the worker applies for
medical care benefits
Article 85 (Maximum Limit to and Procedure for Appropriation
for Loans)
(1) When the Corporation makes an appropriation pursuant
to Article 93 (2) of the Act, the maximum appropriation limit
shall be the full amount of medical care benefits to be paid to
the person provided with the loans.
(2) If the Corporation intends to make an appropriation
pursuant to paragraph (1), it shall hear opinions from the
beneficiary of the medical care benefits and once it has decided
to appropriate, shall inform without delay the beneficiary of the
medical care benefits of this.
CHAPTER V
Industrial Accident Compensation Insurance and
Prevention Fund
Article 85-2 (Criteria, etc., for Calculation of Contributions)
Pursuant to Article 96 (1) 7 of the Act, the Minister of
Employment and Labor shall, in order to calculate the amount
to be contributed from the Fund to the National Health
Insurance Corporation under Article 13 of the National Health
Insurance Act (hereinafter referred to as "Health Insurance
▮▮ 1071
Corporation"), determine necessary matters concerning the size

of the amount and criteria for calculation thereof in consultation
with the Minister of Health and Welfare. <Amended by
Presidential Decree No. 24077, Aug. 31, 2012 and Presidential Decree
No. 24177, Nov. 12, 2012>
Sep. 29, 2010>
Article 85-3 (Use, etc., of Contributions)
(1) The Corporation, the Korea Occupational Safety and
Health Agency under the Korea Occupational Safety and Health
Agency Act (hereinafter referred to as "Safety and Health
Agency") and the Health Insurance Corporation shall use
contributions under Article 96 (1) 3, 6 and 7 of the Act only for
the following purposes: <Amended by Presidential Decree No.
24177, Nov. 12, 2012>
1. The Corporation: expenses necessary for activities under
Article 11 of the Act and expenses incidental thereto;
2. The Safety and Health Agency: expenses necessary for
activities under Article 6 of the Korea Occupational Safety and
Health Agency Act and expenses incidental thereto;
3. The Health Insurance Corporation: expenses necessary for
carrying out collection activities under Article 4 of the Insurance
Premium Collection Act and expenses incidental thereto.
(2) In the event that the Corporation, the Safety and Health
Agency and the Health Insurance Corporation (hereinafter
referred to as "contribution recipient") use contributions for
purposes other than those specified in paragraph (1), the
Minister of Employment and Labor shall retrieve the corresponding
amount. <Amended by Presidential Decree No. 24177, Nov. 12, 2012>
(3) Each contribution recipient shall set up a separate
account for management of contributions, and may use interest
income from that account for the purposes specified in each
subparagraph of paragraph (1) or to make up for losses with
the approval of the Minister of Employment and Labor.
(4) Each contribution recipient shall report the results of
executing contributions each quarter to the Minister of
Employment and Labor no later than the 10th day of the
month following the end of that quarter. <Amended by
Sep. 29, 2010>

Article 85-4 (Additional Contribution and Return)

(1) If contributions are not sufficient to cover the costs
prescribed in each subparagraph of Article 85-3 (1), the
contribution recipient may request the Minister of Employment
and Labor to make additional contributions. <Amended by
(2) The Minister of Employment and Labor may make
additional contributions if it is deemed reasonable after considering
the request made pursuant to paragraph (1). <Amended by
(3) If a contribution recipient has any contributions left after
paying for activities entrusted and carried out within an
insurance year (hereinafter referred to as "purpose activities"), it
shall return the remaining contributions to the Minister of
Employment and Labor: Provided that with the prior approval
of the Minister of Employment and Labor, such remaining
contributions may be carried over to the following insurance
year to pay for purpose activities. <Amended by Presidential
Decree No. 24177, Nov. 12, 2012>
Sep. 29, 2010>
Article 86 (Operation of Fund)

(1) “The activities prescribed by the Presidential Decree” in
Article 97 (2) 5 refer to the following activities: <Amended by
<Enforcement Date Feb. 4, 2009>
1. Making loans for workers' welfare programs;
2. Buying securities under Article 4 of the Capital Market
and Financial Investment Business Act; and
3. Acquiring and disposing of real estate in order to
increase the Industrial Accident Compensation Insurance
and Prevention Fund (hereinafter referred to as “the
Fund”) under Article 95 of the Act
(2) “The level prescribed by the Presidential Decree” in
Article 97 (3) of the Act means the rate of return set by the
Minister of Employment and Labor in consideration of interest
rates on regular savings with maturity of one year in financial
institutions under the Banking Act, which operate nationwide.
In such cases, the Minister of Employment and Labor may set a
different rate on loans for workers' welfare programs under
paragraph (1) from the rate of return for other businesses after
▮▮ 1073
consulting with the Minister of Strategic Planning and Finance.

Article 87 (Establishment of Fund Account)
The Minister of Employment and Labor shall establish the
Fund account with the Bank of Korea. <Amended by Presidential
Decree No. 22269, Jul. 12, 2010>
Article 88 (Payment, etc. of Premiums, etc. into Fund)
(1) The Corporation shall pay collected insurance premiums
and other charges into the Fund account.
(2) The Corporation shall report in writing to the Minister
of Employment and Labor the amount of collected insurance
premiums and other charges for the previous month, and the
current situation of the collection of outstanding amounts, etc.,
by the end of each month. <Amended by Presidential Decree No.
22269, Jul. 12, 2010>
A fund operational plan under Article 98 of the Act shall
include the following matters:
1. Matters concerning revenues and expenditures of the
Fund;
2. Matters concerning business plans, plans on action
causing expenditures and funding plans for the year
concerned;
3. Matters concerning the settlement of funds carried over
from the pervious year;
4. Matters concerning liability reserves; and
5. Other matters necessary for the operation of the Fund.
Article 90 (Criteria, etc., for Calculation of Liability Reserves)
Employment and Labor shall calculate the sum of all insurance
benefits determined to be paid from January 1 to December 31
of the previous year as of December 31 of each year as liability
reserves for the following year.
(2) The Minister of Employment and Labor shall, if there
are reserve funds in excess of the liability reserves calculated
pursuant to paragraph (1), accumulate the excess amount to use
it to pay future insurance benefits.
(3) The Minister of Employment and Labor shall analyze the
sum of all collected insurance premiums and the sum of all
paid insurance benefits every three years, and make efforts to

maintain a balance between revenue and expenditure.

Apr. 16, 2012>
Article 91 (Accounting Organization, etc., of Fund)
(1) The Minister of Employment and Labor shall appoint a
Fund revenue collector, Fund financial officer, Fund expenditure
officer and Fund accounting officer from among the public
officials under his/her control to carry out affairs concerning
the revenues and expenditures of the Fund. <Amended by
(2) The Corporation or the president of the Korea Occupational
Health and Safety Agency under the Korea Occupational Health
and Safety Agency Act may, if entrusted with affairs concerning
the management and operation of the Fund under Article 97 (5)
of the Act, appoint a director in charge of Fund revenues and a
director in charge of actions causing expenditures from among
the standing directors and a Fund expenditure employee and
Fund cashier from among the employees, and shall report this
to the Minister of Employment and Labor. In such cases, the
director in charge of Fund revenues shall perform the duties of
the Fund revenue collector, the director in charge of actions
causing expenditures those of the Fund financial officer, the
Fund expenditure employee those of the Fund expenditure
officer, and the Fund cashier those of the Fund accounting
officer. <Amended by Presidential Decree No. 21263, Jan. 14, 2009>
Chairperson of the Board of Audit and Inspection and the
governor of the Bank of Korea of the appointment of a Fund
revenue collector, Fund financial officer, Fund expenditure officer,
Fund accounting officer, director in charge of Fund revenues,
director in charge of actions causing expenditures, Fund
expenditure employee and Fund cashier under paragraphs (1)
and (2). <Amended by Presidential Decree No. 22269, Jul. 12, 2010>
Article 92 (Expenditure-causing Action of Fund)
(1) The Minister of Employment and Labor shall allot the
monthly expenditure ceiling of the Fund to the Fund financial
officer, and notify the Fund expenditure officer of this.
(2) The Fund financial officer shall take actions causing
expenditures within the limits of the ceiling alloted under
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paragraph (1).
Article 93 (Disbursement of Fund)
(1) When the Fund financial officer has the Fund
expenditure officer disburse money from the Fund, he/she shall
send documents related to the action causing expenditures to
the Fund expenditure officer.
(2) If the Fund expenditure officer intends to disburse
money from the Fund following the expenditure-causing action
of the Fund financial officer, he/she shall issue checks whose
payer is the Bank of Korea, a financial institution under the
Bank Act or a postal service agency.
(3) Any amount not disbursed in the fiscal year for inevitable
reasons after the Fund financial officer takes a expenditure-
causing action may be carried over to and then executed in, the
following year.
Article 94 (Prohibition of Cash Handling)
The Fund expenditure officer and Fund accounting officer
may not keep, receive or disburse cash: Provided that they may
keep, receive or disburse cash in cases of operating expenses of
government agencies under Article 24 of the National Treasury
Management Act.
Article 95 (Statement of Fund Accounts)
The Minister of Employment and Labor shall prepare a
report on settlement of accounts under Article 14 of the
National Accounting Act each fiscal year, and submit it to the
Minister of Strategy and Finance by the end of February in the
following fiscal year: <Amended by Presidential Decree No. 22269,
Jul. 12, 2010 and Presidential Decree No. 24177, Nov. 12, 2012>
1. State of settlement of accounts;
2. Financial statements, such as statement of financial
position, statement of financial management and statement
of changes in net assets;
3. Table of comparison between fund operation plans and
actual results;
4. Statement of revenue and expenditures; and
5. Other documents necessary for clarifying the contents of
settlement of accounts.

CHAPTER Ⅵ
Request for Examination and Re-examination
Article 96 (Formalities of Request for Examination)

(1) A request for examination under Article 103 of the Act
shall be made using a document (hereinafter referred to as
“written request for examination”) specifying the following matters:
1. Name and address of the person making the request for
examination (name and location of the corporation and
name of its representative in cases where the person
making the request for examination is a corporation);
2. Details of a decision on insurance benefits under the
subparagraphs of Article 103 (1) of the Act, which is
subject to the request for examination;
3. Date on which the decision on insurance benefits is known;
4. Purpose of and reasons for the request for examination;
and
5. Whether the request for examination is notified or not,
and the contents of the notification.
(2) If the person making the request for examination is not
the worker suffering from the accident (excluding requests for
examination filed against decisions under Article 103 (1) 2 and
3 of the Act), the following matters shall be specified in the
written request for examination in addition to those referred to
in subparagraphs of paragraph (1):
1. Name of the worker suffering from the accident; and
2. Name and location of the workplace to which the worker
belonged at the time of the accident.
(3) If a request for examination is made by an appointed
representative or agent, the name and address of the appointed
representative or agent shall be specified in the written request
in addition to those referred to in paragraphs (1) and (2).
(4) A written request for examination shall be signed or
sealed by the requesting person or agent.
Article 97 (Correction and Rejection)
(1) If a request for examination is made after the expiration
of the period prescribed in Article 103 (3) of the Act or violates
the formalities as prescribed by the Act and its subordinate
statutes to the point of being unable to be corrected, or fails to
be corrected within the period referred to in paragraph (2), the
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Corporation shall decide to reject it.

(2) Even though a request for examination may violates the
legal formalities, if it is possible to correct such violation, the
Corporation may demand the person making the request for
examination to correct it within a set period of time: Provided
that if the matters to be corrected are insignificant, the
Corporation may make that correction by virtue of its authority.
(3) If the Corporation corrects a request for examination by
virtue of its authority pursuant to the proviso of paragraph (2),
it shall notify the requesting person of this.
Article 98 (Suspension of Execution of Decision on Insurance Benefits)
(1) A request for examination shall not suspend the
execution of a decision on the insurance benefits concerned:
Provided that if it is deemed that there is an urgent necessity
to avoid grave losses to be caused by the execution, the
Corporation may suspend the execution.
(2) The Corporation shall, upon suspending the execution
under the proviso of paragraph (1), notify this without delay
using a document to the person making the request for examination
and the affiliate organization of the Corporation which has
made the decision about the insurance benefits concerned.
(3) The document referred to in paragraph (2) shall include
the following matters:
1. Title of the case involving the request for examination;
2. Decision, etc., on the insurance benefits subject to the
suspension of execution, and the details of the suspension
of execution;
examination; and
4. Reasons for the suspension of execution
Article 99 (Composition of Industrial Accident Compensation
Insurance Examination Committee)
(1) The Industrial Accident Compensation Insurance Examination
Committee under Article 104 (1) of the Act (hereinafter referred
to as “the Examination Committee”) shall be composed of less
than 90 members, including one chairperson, of which two shall
be permanent members.
(2) The members of the Examination Committee shall be
commissioned or appointed by the president of the Corporation from
among persons falling under any of the following subparagraphs:

1. Judges, public prosecutors, defence lawyers or certified

public labor affairs consultants with 5 years or more of
experience;
2. Those who are serving or served as an associate professor
or higher at a college prescribed in Article 2 of the
Higher Education Act;
3. Those who have been engaged in labor-related services or
industrial accident compensation insurance-related services
for 10 year or more; and
4. Those with plenty of knowledge and experience in social
insurance or industrial medical science
(3) The chairperson of the Examination Committee shall be
appointed by the president of the Corporation from among the
permanent members.
(4) Two fifths of the members of the Examination Committee
shall be commissioned from among persons falling under any
subparagraph of paragraph (2) and recommended by workers'
and employers' organizations, respectively. In such cases, equal
numbers of members shall be recommended by workers' and
employers' organizations.
(5) The term of office of a member of the Examination
Committee shall be three years and renewable: Provided that a
member whose term has expired may perform the duties until
his/her successor is appointed.
(6) Except as provided in this Decree, matters necessary for
the organization of the Examination Committee shall be
determined by the Corporation.
Article 100 (Operation of Examination Committee)
(1) The chairperson of the Examination Committee shall
convene and chair meetings of the Examination Committee:
Provided that if it is necessary for the smooth operation of the
Examination Committee, a permanent member may preside over
a meeting of the Examination Committee on the order of the
chairperson.
(2) A meeting of the Examination Committee shall consist of
the chairperson or a permanent member and six members
designated by the chairperson each time for its meeting.
(3) A meeting of the Examination Committee shall be
opened with attendance of a majority of the members referred
to in paragraph (2) and a decision shall be taken with approval
of a majority of the members present.
(4) If the Corporation makes a decision that has to undergo
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deliberation by the Examination Committee, in regard of a

request for examination, it shall draw up a protocol of review
as regards progress in the deliberation.
(5) With regard to the preparation, inspection, etc., of the
protocol of review under paragraph (4), the provision of Article
110 shall apply mutatis mutandis. In such cases, “Reexamination
Committee” shall be read as “Examination Committee” and
“request for reexamination” as “request for examination”.
(6) Members, other than the permanent members and those
working as an officer or employee of the Corporation, who are
present at a meeting of the Examination Committee, may be paid
allowances and travel expenses within the limits of the budget.
the operation of the Examination Committee shall be determined
by the Corporation.
Article 101 (Method of Decision on Request for Examination)
(1) The decision on a request for examination as prescribed
in Article 105 (1) of the Act shall be made in writing.
(2) A decision under paragraph (1) shall include the
following matters:
1. Number and title of the case;
examination (name and location of the corporation and
making the request for examination is a corporation);
3. If the person making the request for examination is not
the worker suffering from the accident, the name and
address of the affected worker;
4. Main text;
5. Purpose of the request for examination;
6. Reason; and
7. Date of decision
(3) If the Corporation has made a decision on a request for
examination pursuant to paragraph (1), it shall send an original
copy of the decision on examination to the person making the
request for examination.
(4) In cases where the Corporation makes a decision on
insurance benefits or a request for examination, it shall inform
the other party or the person making the request for
examination of whether or not he/she can make a request for
examination or reexamination with regard to the decision on
insurance benefits or a request for examination, and of the

request procedures and period, if he/she makes the request.

Article 102 (Exclusion from Deliberation by Examination Committee)
(1) “The reasons prescribed by the Presidential Decree” in
Article 105 (2) of the Act refer to cases where the request for
examination falls under any of the following subparagraphs:
1. Where the decision on the recognition of work-related
disease has been made after deliberation by the Work-related
Disease Adjudication Committee under Article 38 of the Act;
2. In cases of pneumoconiosis;
3. In cases of carbon bisulfide poisoning;
4. Where the request for examination falls under any of the
reasons for rejection referred to in Article 97 (1);
5. Where the request for examination is filed against a decision
on medical expenses or medicine expenses (including
medical expenses or medicine expenses belonging to the
medical care expenses referred to in the proviso of Article
40 (2) of the Act; or
6. Other cases where it is clear whether or not the decision,
etc., on insurance benefits subject to the request for
examination is legitimate
(2) Notwithstanding the provision of paragraph (1), if a
request for examination falls under any subparagraph of paragraph
(1), and the Corporation deems it necessary to make a decision
after deliberation by the Examination Committee, the decision
may be made after deliberation by the Examination Committee.
Article 103 (Investigation for Review)
(1) An investigation for review on a request for examination
under Article 105 (4) of the Act shall be requested using a
document specifying the following matters:
1. Title of the case relevant to the request for examination;
2. Purpose of and reasons for the request;
3. Names and addresses of related persons asked to appear
(limited to the case of Article 105 (4) 1 of the Act);
4. Indication of documents and other things required to be
submitted, and the name and address of the owner or
custodian thereof (limited to the case of Article 105 (4) 2
of the Act);
5. Matters to be appraised and reasons for the appraisal
(limited to the case of Article 105 (4) 3 of the Act);
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6. Names and location of the workplace and other places to

enter, the names and addresses of the employer, workers
and other related persons to be questioned, and the
indication of the documents and other things to be
inspected (limited to the case of Article 105 (4) 4 of the
Act); and
7. Name and address of the worker who is to undergo a
medical examination (limited to the case of Article 105 (4)
5 of the Act).
(2) If the Corporation has conducted an investigation
pursuant to Article 105 (4) of the Act, it shall prepare a
protocol of review specifying the following matters. In such
cases, if it has had the person making the request for examination
or a related person make statements pursuant to Article 105 (4)
1 of the Act, it shall make a record of the statements and
attach the record:
2. Date, time and place of the investigation;
3. Object and method of the investigation; and
4. Result of the investigation.
Article 104 (Payment of Actual Expenses)
A related person who turns up at a designated place
pursuant to Article 105 (4) 1 of the Act, and an appraiser who
makes an appraisal pursuant to subparagraph 3 of the same
paragraph shall be paid their actual expenses as prescribed by
the Ordinance of the Ministry of Employment and Labor
.<Amended by Presidential Decree No. 22269, Jul. 12, 2010>
Article 105 (Formalities of Request for Reexamination)
(1) The request for reexamination as prescribed in Article
106 of the Act shall be made using a document specifying the
following matters:
reexamination (name and location of the corporation and
making the request for reexamination is a corporation);
2. Details of the decision on insurance benefits subject to the
request for reexamination;
3. Date on which the decision (decision, etc., on insurance
benefits in cases of a request for reexamination under the
proviso of Article 106 (3) of the Act) on the request for
examination is known;

4. Purpose of and reason for the request for reexamination;

5. Whether or not the request for reexamination is informed,
and the details thereof; and
6. Date of the request for reexamination
(2) The provisions of Article 96 (2) through (4) shall apply
mutatis mutandis as regards the formalities for making a request
for reexamination. In such cases, “person making the request for
examination” shall be read as “person making the request for
reexamination”, “written request for examination” as “written
request for reexamination” and “request for examination” as
“request for reexamination”..
Article 106 (Composition of Industrial Accident Compensation
Insurance Reexamination Committee)
(1) The Industrial Accident Compensation Insurance Reexamination
Committee (hereinafter referred to as “Reexamination Committee”)
prescribed in Article 107 of the Act shall have a chairperson
and two deputy chairpersons or less.
(2) The deputy chairperson shall be elected by the
Reexamination Committee from among the members.
(3) The chairperson shall represent the Reexamination Committee,
and have general control over the affairs of the Examination
Committee.
(4) The deputy chairperson shall assist the chairperson, and
if the chairperson is not able to carry out his/her duties owing to
unavoidable circumstances, he/she shall act for the chairperson.
Article 107 (Operation of Examination Committee)
(1) The chairperson shall convene and chair meetings of the
Examination Committee.: Provided that the deputy chairperson
may, if it is necessary for the smooth operation of the Examination
Committee, preside over a meeting of the Examination Committee
on the order of the chairperson.
(2) When the chairperson intends to convene a meeting of
the Examination Committee, he/she shall notify in writing each
member of the date, time, place and agenda of the meeting five
days before the meeting is held: Provided that if a meeting has
to be urgently convened, the notification may be given orally,
by phone or through any other means no later than the day
before the meeting is held.
(3) A meeting of the Reexamination Committee shall consist
of nine members, including the chairperson or the deputy
chairperson, the permanent members and the members designated
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by the chairperson each time for its meeting. In such cases, the
members designated by the chairperson shall include one or
more members who have the qualifications prescribed in Article
107 (5) 2 of the Act and one or more members who have the
qualification prescribed in subparagraph 5 of the same paragraph.
(4) A meeting of the Reexamination Committee shall take a
decision with attendance of a majority of the members referred
to in paragraph (3) and with approval of a majority of the
members present. In such cases, one or more members with
respective qualifications under the latter part of paragraph (3)
shall be present.
(5) Members other than the permanent members and the ex
officio members, who attend a meeting of the Reexamination
Committee, may be paid allowances and travel expenses within
the limits of the budget.
the operation of the Reexamination Committee shall be determined
by the chairperson after resolution at the Reexamination Committee.
Article 108 (Notification, etc., of Date and Place of Review on

Request for Reexamination)
(1) The Reexamination Committee shall, upon receiving a
request for reexamination, set the date and place of a review on
the request, and notify in writing the party and the Corporation
of this at least five days before the review.
(2) Notification under paragraph (1) shall be delivered
directly or given by registered mail.
Article 109 (Opening of Review)
(1) A review by the Reexamination Committee shall be open
to the public: Provided that it may not be open to the public at
the request of the person requesting the reexamination.
(2) A request under the proviso of paragraph (1) shall be
made using a document specifying the purpose and reason.
Article 110 (Protocol of Review)
(1) The Examination Committee shall prepare a protocol of
review specifying the following matters as regards progress in a
review of a request for reexamination:
2. Date and place of the review;
3. Names of the members present;

4. Names of the parties present;

5. Details of the review; and
6. Other necessary matters
(2) A protocol of review under paragraph (1) shall contain
the year, month and date of its preparation, and shall be signed
or sealed by the chairperson.
(3) Any party or related person may make a request in
writing to inspect a protocol under paragraph (1).
(4) If a party or related person makes a request for inspection
pursuant to paragraph (3), the Reexamination Committee shall
not refuse without justifiable reasons.
Article 111 (Organization and Operation of Subcommittee)
(1) If it is deemed necessary for making an efficient review
on a request for reexamination, the Reexamination Committee
may organize and operate a subcommittee composed of five
members or less, including the following members:
1. Deputy chairperson;
2. Permanent member who is not the chairperson; and
3. Member designated by the chairperson
(2) The subcommittee shall review the case of a request for
reexamination which are designated by the chairperson, and
make a report to the Committee.
(3) The provisions of the main text of Article 107 (1), and
paragraphs (2), (4) and (5) of the same Article shall apply mutatis
mutandis as regards the operation of the subcommittee. In such
cases, “chairperson” shall be read as “deputy chairperson” and
“Reexamination Committee” as “subcommittee”.
Article 112 (Assignment of Researchers)
(1) The Minister of Employment and Labor may assign five
researchers or less to conduct professional research and surveys
necessary for reexamination-related work by the Reexamination
Committee, such as on industrial accident compensation
insurance, industrial medicine, industrial nursing, management
of harmful substances, radioactive rays, etc. <Amended by
(2) Necessary matters concerning the qualifications, salaries,
etc. of the researchers shall be prescribed by the Ordinance of
Decree No. 22269, Jul. 12, 2010>
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The provisions of Articles 97, 98, 101, 103 and 104 shall
apply mutatis mutandis as regards the correction and rejection of
a request for reexamination, the suspension of execution of
decisions, etc. on insurance benefits, the method of ruling,
investigation for review, the payment of actual expenses, etc. In
such cases, “request for examination” shall be read as “request
for reexamination”; “person making the request for examination”
as “person making the request for reexamination” “Corporation”
as “Reexamination Committee”; “affiliate organization of the
Corporation” as “Corporation”; “decision on a request for
examination” as “ruling on a request for reexamination”; and
“written decision” as “written ruling”; “person making the
request for examination” in Article 103 (3) as “Corporation and
the person making the request for reexamination”; and “request
for examination or reexamination” in paragraph (4) of the same
Article as “administrative lawsuit”, respectively.
CHAPTER Ⅶ
Article 114 (Report, etc. of Changes in Benefit Entitlement)

(1) “The matters prescribed by the Presidential Decree” in
Article 114 (2) of the Act refer to those falling under any of the
following subparagraph:
1. Where a beneficiary of insurance benefits has received
money or valuable goods equivalent to such insurance
benefits under the Civil Act and other Acts or subordinate
statues on the same ground as insurance benefits are paid
under this Act, the details of such money or goods;
2. Where a beneficiary of insurance benefits has received
damages from a third party, equivalent to such insurance
benefits on the same ground as insurance benefits are
paid under this Act, the details of such damages;
3. Where a person entitled to a survivors' compensation
annuity has changed, the details of such change; and
4. Where other changes have been made to the name, resident
registration numbers, address, etc., of a beneficiary of
insurance benefits, the details of such changes
(2) " The matters prescribed by the Presidential Decree” in

Article 114 (3) of the Act refer to those falling under any of the
following subapragraphs: <Amended by Presidential Decree No.
22492, Nov. 15, 2010>
1. Where there occurs a reason for the termination of
entitlement to a disability compensation annuity or a
pneumoconiosis compensation annuity, the details of such
reason; and
2. Where there occurs a reason to change entitlement to a
survivors compensation annuity or a pneumoconiosis
survivors annuity, the details of such reason
Article 115 (Report of Entitlement of Overseas Residents)
“Such matters as prescribed by the Presidential Decree” in
Article 115 (2) of the Act refer to the following matters. In such
cases, the provisions of subparagraphs 3 through 5 shall apply
only to those entitled to survivors' compensation annuities or
pneumoconiosis survivors annuities: <Amended by Presidential
Decree No. 22492, Nov. 15, 2010>
1. Matters concerning survival status;
2. Matters concerning a change of nationality;
3. Matters concerning marital status (including de-facto
marriage);
4. Matters concerning any changes in relationships with
relatives; and
5. Matters concerning disabilities (limited to cases where a
person entitled to a survivors compensation annuity and/or
pneumoconiosis survivors annuity carry a disability
prescribed in Article 63 (1) 4 of the Act, and whose
disability grade is not less than the grade prescribed by
Ordinance of the Minister of Employment and Labor)
Article 116 (Demand for Report and Presentation)
The demand for a report or the presentation of related
documents as prescribed in Articles 114 and 118 of the Act
shall be made in writing.
Article 117 (Object, etc., of Demand for Medical Examination)
(1) The Corporation may demand the following medical
examinations under Article 119 of the Act:
1. Medical examination to judge the necessity of continuous
medical care for workers receiving medical care due to a
work-related accident;
2. Medical examination to determine disability grades or
▮▮ 1087
invalidity grades;
3. Medical examination to judge whether or not a disease is
related to work; and
4. Medical examination to judge whether or not additional
medical care is needed
(2) Expenses for medical examination under paragraph (1)
shall be paid in the amount of the actual expenses needed for it.
(3) Among expenses for medical examinations paid pursuant
to paragraph (2), those for the medical examination referred to
in paragraph (1) 3 may include medical treatment expenses if a
person with symptoms presumed to be caused by a work-related
accident receives medical treatment as his/her condition is
critical or according to a medical opinion that without immediate
medical treatment, his/her condition would deteriorate rapidly,
causing an impediment to medical examinations and future
treatment.
(4) Demands for medical examination under Article 119 of
the Act shall be made in writing.
Article 118 (Medical Institutions for Special Examination)
(1) Medical examination under Article 119 of the Act
(hereinafter in this Act referred to as “medical examination”)
shall be conducted by industrial accident insurance-related medical
institutions (hereinafter referred to as “medical institutions for
special examination”) falling under any of the following
subparagraphs: <Amended by Presidential Decree No. 22101, Mar.
26, 2010 and Presidential Decree No. 22492, Nov. 15, 2010>
1. Medical institutions under the Corporation under Article
43 (1) 1 of the Act;
2. High-grade general hospitals under Article 43 (1) 2 of the
Act; and
3. General hospitals under Article 3 (3) of the Medical
Service Act among industrial accident insurance-related
medical institutions which do not fall under any of
subparagraphs 1 and 2
(2) When demanding a person to undergo a medical examination,
the Corporation may present two medical institutions for special
examination, which are deemed appropriate to accomplish the
purpose of the medical examination, in consideration of the
purpose of the demand for medical examination, the residence
of the person who is to undergo the medical examination, the
state of the person's injury, disease or disability and let the
person who is to undergo the medical examination choose one

of them.
(3) The Corporation may determine and operate a separate
medical institution for special examination, which conducts
medical examinations under Article 117 (1) 2.
(4) If the result of a medical examination by a medical
institution for special examination is different from opinions
from the doctor in charge and advisory doctor, the Corporation
may make an adjudication or judgment after a second medical
examination: Provided that if after the second medical
examination, it is difficult to make an adjudication or judgment
in accordance with the purpose of the demand for medical
examinations which fall under any subparagraph of Article 117
(1), the adjudication or judgment may be made after deliberation
by the panel of advisory doctors.
Article 119 (Temporary Suspension of Insurance Benefits)
(1) Before temporarily suspending the payment of insurance
benefits pursuant to Article 120 (1) of the Act, the Corporation
shall urge in writing the person who intends to receive the insurance
benefits to fulfill his/her obligations within a set period.
(2) The insurance benefits that may be suspended temporarily
under Article 120 of the Act shall be all the insurance benefits
which are to be paid to the person who intends to receive
them, but the payment of which is difficult to decide or has
been impeded due to his/her failure to fulfill the obligations
referred to in paragraph (1), and in the case of Article 120 (1) 1
of the Act, they shall be wage replacement benefits or injury-
disease compensation annuities or pneumoconiosis compensation
annuities. <Amended by Presidential Decree No 22492, Nov. 15, 2010>
(3) The period during which the payment of insurance
benefits may be temporarily suspended shall be from the day
following the date the Corporation sets for the fulfillment of
obligations under paragraph (1) to the day before the obligations
are completely fulfilled.
Article 120 (Designation of Financial Institution)
A person who intends to receive insurance benefits under
the Act or this Decree shall open an account with a financial
institution designated by the Corporation.
Article 121 (Payment, etc., of Insurance Benefits for On-the-job
Trainees)
The provisions of Articles 21 through 85, Articles 96 through
▮▮ 1089
98, Articles 101 through 105 and Articles 113 through 120 shall
apply mutatis mutandis as regards the payment, etc. of insurance
benefits for on-the-job trainees as prescribed in Article 123 of
the Act.
Article 122 (Scope of Employers of Small and Medium Enterprises)
(1) The “employers (including those who do not employ any
worker; hereinafter in this Article, the same shall apply.) of
small and medium enterprises prescribed by the Presidential
Decree” in Article 124 (1) of the Act refer to any of the
following persons: <Amended by Presidential Decree No. 21588,
Jun. 30, 2009; Presidential Decree No. 23468, Dec. 30, 2011; and
1. An employer who has joined the insurance and employs
less than 50 workers; or
2. A person who falls under any of the following items and
does not employ any worker: Provided that those in
special types of employment under Article 125 (1) of the
Act and subparagraphs 2, 5 and 6 of this Decree shall be
excluded.
A. A person engaged in passenger transport services
under the Passenger Transport Service Act;
B. A person engaged in cargo transport services under
the Trucking Transport Service Act;
C. A person engaged in construction machinery business
under the Construction Machinery Management Act;
D. A person who is a door-to-door deliverer under the
class codes of the Standard Classification of Occupations
announced by the head of the Statistics Korea pursuant
to Article 22 of the Statistics Act (hereinafter referred
to as "Korean Standard Occupational Classification)
and falls under any of the following categories:
1) A person who carries out delivery services commissioned
by a quick delivery service provider (referring to the
owner of a business engaged only in delivering parcels
but neither picking up nor transporting them; hereinafter
the same shall apply.);
2) A quick delivery service provider.
E. An artist under Article 2 of the Artists Welfare Act,
who carries out artistic activities according to a contract
entered into in order to get paid for such activities.
(2) If the employer of a small and medium enterprise who
has joined insurance pursuant to paragraph (1) 1 has come to

employ 50 workers or more, he/she shall be considered to

employ less than 50 workers for the insurance year concerned.
(3) If the employer of a small and medium enterprise who
has joined insurance pursuant to paragraphs (1) and (2) has
come to employ less than 50 workers, he/she shall be considered
to have joined the insurance pursuant to paragraph (1) 1.
Article 123 (Criteria for Recognition of Work-related Accidents for
Employers of Small and Medium Enterprises)
The provisions of Article 27, Article 28 and Articles 30
through 34, and Article 36 shall apply mutatis mutandis as
regards the scope of accidents recognized as work-related for
employers of small and medium enterprises as prescribed in
Article 124 (2) of the Act. In such cases, “worker” or
"pneumoconiosis worker" shall be read as “employer of a small
and medium enterprise” and “acts of performing his/her duties
in accordance with his/her employment contract“ in Article 27
as ”acts of performing the duties needed for the business
concerned.” <Amended by Presidential Decree No 22492, Nov. 15, 2010>
Article 124 (Restrictions on Payment of Insurance Benefits to
Employers of Small and Medium Enterprises)
The insurance benefits prescribed in Article 36 (1) of the Act
shall not be paid for work-related accidents that occur while the
employer of a small and medium enterprise has his/her insurance
premiums in arrears as prescribed in Article 124 (4) of the Act:
Provided that this shall not apply in cases where the overdue
insurance premiums are paid by the 10th day of the second
month following the month in which the deadline for payment
of insurance premiums falls. <Amended by Presidential Decree No.
24177, Nov. 12, 2012>
Article 125 (Scope, etc., of Persons in Special Types of Employment)
“Persons engaged in the occupations prescribed by the
Presidential Decree” in Article 125 (1) of the Act refer to those
falling under any of the following subparagraphs: <Amended by
1. Persons engaged in soliciting insurance policies or mutual
aid contracts and falling under any of the following items:
A. Insurance agents under Article 83 (1) 1 of the
Insurance Business Act;
B. Deleted. <Presidential Decree No 22637, Jan. 24, 2011>
C. Persons engaged in soliciting mutual aid contracts
▮▮ 1091
under the Agricultural Cooperatives Act; and

D. Person engaged in soliciting postal insurance policies
under the Postal Savings and Insurance Act as their
full-time job
2. Owner-drivers of ready mixed concrete trucks registered
under the Construction Machinery Management Act;
3. Learning-aid tutors under the sub-class codes of the
Korean Standard Occupational Classification;
4. Golf caddies who assist with golf games at a golf course
registered as a sports facility business pursuant to Article
19 of the Installation and Utilization of Sports Facilities
Act;
5. Door-to-door deliverers under the class codes of the Korean
Standard Occupational Classification, who carry out parcel
pick-up and delivery services in a door-to-door delivery
business (referring to the business of picking up,
transporting and delivering parcels); and
6. Door-to-door deliverers under the class codes of the Korean
Standards Occupational Classification, who carry out
delivery services commissioned mainly by one quick delivery
service provider according to the criteria determined by
the Minister of Employment and Labor.
Article 126 (Report etc., of Provision of Labor Service by Persons
in Special Types of Employment)
(1) If an employer begins or ceases to receive labor service
from a person in special types of employment for the first time
as prescribed in Article 125 (3) of the Act, he/she shall report
the following matters to the Corporation not later than the 15th
of the month following the month in which the reason has
occurred:
1. Name, resident registration numbers and address of the
person in special types of employment;
2. Date on which the employer begins to receive labor
service from the person in special types of employment
and details of the work the person in special types of
employment engages in; and
3. Date on which the employer ceases to receive labor
service from the person in special types of employment
and the reason
(2) Upon receiving the report referred to in paragraph (1),
the Corporation shall inform the person in special types of
employment of the content.

Article 127 (Criteria for Recognition of Work-related Accidents for

Persons in Special Types of Employment)
The provisions of Articles 27 through 36 shall apply mutatis
mutandis as regards the criteria for the recognition of work-related
accidents for persons in special types of employment. In such
cases, “worker” shall be read as “person in special types of
employment”.
The Minister of Employment and Labor or the Corporation
(including persons to whom the duties of the Corporation are
entrusted pursuant to Article 19) may manage information on
health under Article 23 of the Personal Information Protection
Act, criminal records under subparagraph 2 of Article 18 of the
Enforcement Decree of the same Act, and data containing
under subparagraphs 1 and 4 of Article 19 of the same Decree
if it is inevitable in order to perform the following duties:
<Amended by Presidential Decree No. 23468, Dec. 30, 2011 and
1. Duties concerning requests for provision of materials
2. Duties concerning payment of insurance benefits under
3. Duties concerning collection of paid insurance benefits
4. Duties concerning payment of special disability benefits
5. Duties concerning payment of special survivors' benefits
6. Duties concerning collection of undue gains under Article
84 of the Act;
7. Duties concerning claims for indemnity against a third
person under Article 87 of the Act;
8. Duties concerning establishment and operation of insurance
facilities and labor welfare projects, such as scholarship
projects, under Article 92 of the Act;
9. Duties concerning requests for examination under Article
103 of the Act; and
10. Duties concerning request for re-examination under
▮▮ 1093
Article 127-3 (Review of Regulations)

With regard to the criteria for recognition of work-related
diseases under Article 34 and Table 3, the Minister of
Employment and Labor shall review their reasonableness and
take measures, such as making improvements thereto, every
three years (referring to the period until the day before January
1 of every third year) from January 1, 2014.
Dec. 30, 2013>
CHAPTER Ⅷ
Penal Provisions
Article 128 (Imposition of Fine for Negligence)

The amount of a fine for negligence by type of offense is
shown in Table 12: Provided that the Minister of Employment
and Labor may raise or reduce the amount of fine for
negligence by up to half in consideration of the seriousness,
frequency, motive and consequence of the offense but in the
case of imposing a heavier fine, the amount shall not exceed
the maximum amount of fine for negligence prescribed in
Article 129 (1) and (2) of the Act. <Amended by Presidential
Decree No. 22269, Jul. 12, 2010>

Articles 2 (Application Examples)
The amended provisions of Article 2 (1) 3 B shall apply to
construction work involving the construction or renovation of a
building, which has started after the enforcement of this Decree.
Addenda <Presidential Decree No. 21263, Jan. 14, 2009; Revision of

the Enforcement Decree of the Korea Occupational Safety
and Health Agency Act>



(5) Parts of the Enforcement Decree of the Industrial Accident
Compensation Insurance Act shall be revised as follows:
“Korea Occupational Safety and Health Agency under the
Korea Occupational Safety and Health Agency Act” in Article
91 (2) shall be changed to “Korea Occupational Safety and
Health Agency under the Korea Occupational Safety and Health
Agency Act”.


This Decree shall enter into force on April 28, 2010:
Provided that the amended provisions of Article 2 and Article
2-2 shall enter into force on March 31, 2010.
Article 2 (Application Example concerning Vocational Rehabilitation
Benefits)
(1) Of the amended provision of Article 68 (1) 1 A, parts
concerning disability grades 10 to 12 shall apply to those who
have been cured and then newly given any of disability grades
10 to 12 since the enforcement of this Decree.
(5) The amended provision of Article 68 (1) 1 B shall apply
to those who is under medical care at the time of enforcement
of this Decree.

<proviso omitted>
(7) The Enforcement Decree of the Industrial Accident
Compensation Insurance Act shall be partially amended as
▮▮ 1095
follows:
item B of subparagraph 1 of Article 125 shall be deleted.
Article 23 Omitted.
Addendum <Presidential Decree No. 23468, Dec. 30, 2011>

This Decree shall enter into force on May 1, 2012: Provided
that the amended provisions of Article 127-2 shall enter into
force on the date of its promulgation.

The first analysis under Article 90 (3) shall be conducted in 2013.
Addenda <Presidential Decree No. 24077, Aug. 31, 2012; Revision of

the Enforcement Decree of the National Health Insurance Act>

This Decree shall enter into force on September 1, 2012.
<Proviso omitted>
(18) Parts of the Enforcement Decree of the Industrial
Accident Compensation Insurance Act shall be revised as follows:
85-2 shall be changed to "Article 13 of the National Health
Insurance Act".
Article 9 Omitted.
Addenda <Presidential Decree No. 24177, Nov. 12, 2012>

This Decree shall enter into force on November 18, 2012.

Article 2 (Applicability concerning Restrictions on Payment of

Insurance Benefits to Employers of Small and Medium
Enterprises)
where a work-related accident happens after this Decree enters
into force.

Article 2 (Applicability concerning Criteria for Recognition of
Work-related Diseases)
The amended provisions of Table 3 shall apply even to
workers who apply for insurance benefits at the time this
Addendum <Presidential Decree No. 25050, Dec. 20, 2013; Partial

Revision of the Enforcement Decree of the Housing Act, etc., to Set
Deadlines for Review of Regulations According to an Amendment to the
Framework Act on Administrative Regulations>

<Proviso omitted>
Addenda <Presidential Decree No. 25435, Jun. 30, 2014; Partial
Revision of the Enforcement Decree of the Individual Consumption Tax
Act, etc., to Improve Disparaging Legal Terms for the Disabled>

Article 2 Omitted.
▮▮ 1097
LABOR LAWS OF THE REPUBLIC OF KOREA
Government Publication No.11-1490000-000185-10
ⓒ Published in December 2014 by the International

Cooperation Bureau of the Ministry of Employment
and Labor, the Republic of Korea. Prior permission
is required to reproduce or photocopy a considerable
part except short excerpts.
(Tel) 82-44-202-7132, 82-44-202-7136
Designed by Moonjung (Tel) 82-44-858-8580

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Government Publication

LABOR LAWS OF KOREA

MINISTRY OF EMPLOYMENT AND LABOR

* This Act reflects only the amendments made until

The fext of the labor laws in this book and some

(1) Act On Foreign Workers' Employment, Etc. ·······························1

(2) Enforcement Decree Of The Act On Foreign Workers'

(3) Employment Insurance Act ····························································65

(4) Enforcement Decree Of The Employment Insurance Act ····131

(5) Act On Equal Employment And Support For Work-Family

(6) Enforcement Decree Of The Act On Equal Employment

(7) Act On Prohibition Of Age Discrimination In Employment

(8) Enforcement Decree Of The Act On Prohibition Of Age

(9) Trade Union And Labor Relations Adjustment Act ·············347

(10) Enforcement Decree Of The Trade Union And Labor

(11) Act On The Promotion Of Worker Participation And

(12) Enforcement Decree Of The Act On The Promotion Of

(13) Labor Standards Act ··································································436

(14) Enforcement Decree Of The Labor Standards Act ············484

(15) Minimum Wage Act ····································································531

(16) Enforcement Decree Of The Minimum Wage Act ··············545

(17) Act On The Protection, Etc., Of Dispatched Workers ····557

(18) Enforcement Decree Of The Act On The Protection, Etc.,

(19) Act On The Protection, Etc. Of Fixed-Term And Part-Time

(21) Employee Retirement Benefit Security Act ··························619

(22) Enforcement Decree Of The Employee Retirement Benefit

(23) Wage Claim Guarantee Act ······················································691

(24) Enforcement Decree Of The Wage Claim Guarantee Act ··707

5. OCCUPATIONAL SAFETY AND HEALTH

(25) Occupational Safety And Health Act ·····································730

(26) Enforcement Decree Of The Occupational Safety And

(27) Industrial Accident Compensation Insurance Act ··············951

(28) Enforcement Decree Of The Industrial Accident

ACT ON FOREIGN WORKERS' EMPLOYMENT, ETC.

Amended by Act No. 7327, Dec. 31, 2004

2 ▮▮ LABOR LAWS OF KOREA

(6) Necessary matters concerning the composition, functions

Article 6 (Efforts to Employ Native Workers)

paragraph (1), provide counseling and assistance for the employer

4 ▮▮ LABOR LAWS OF KOREA

referred to as "HRD Korea") and other necessary matters, such

using the standard labor contract form prescribed by the

6 ▮▮ LABOR LAWS OF KOREA

<Amended by Act No. 10339, Jun. 4, 2010>

roster of foreign job seekers under paragraph (2), and shall,

Article 13 (Departure Guarantee Insurance and Trust)

8 ▮▮ LABOR LAWS OF KOREA

system under Article 8 (1) of the Employee Retirement Benefit

Article 15 (Return Cost Insurance and Trust)

Article 18-2 (Special Cases for Restrictions on Employment Period)

10 ▮▮ LABOR LAWS OF KOREA

(1) Notwithstanding Article 18, a foreign worker who falls

or workplace during the employment period under Article

12 ▮▮ LABOR LAWS OF KOREA

worker's entry to the Republic of Korea; and

4. Projects to offer services, such as counseling, to foreign

14 ▮▮ LABOR LAWS OF KOREA

paragraph (1) shall be prescribed by the Presidential Decree.

(3) A foreign worker who fails to obtain permission for a

16 ▮▮ LABOR LAWS OF KOREA

Article 26-2 (Cooperation from Relevant Institutions)

of them pursuant to Article 9 (2);

18 ▮▮ LABOR LAWS OF KOREA

2. Where the agency fails to meet the designation requirements;