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ACT ON THE EMPLOYMENT IMPROVEMENT, ETC. OF CONSTRUCTION WORKERS

Act No. 5249, Dec. 31, 1996

Amended by Act No. 6848, Dec. 30, 2002

Act No. 8372, Apr. 11, 2007

Act No. 8373, Apr. 11, 2007

Act No. 8429, May 11, 2007

Act No. 8560, Jul. 27, 2007

Act No. 8694, Dec. 14, 2007

Act No. 8811, Dec. 27, 2007

Act No. 9254, Dec. 26, 2008

Act No. 10339, jun. 4, 2010

Act No. 10965, Jul. 25, 2011

Act No. 11690, Mar. 23, 2013

Act No. 13895, Jan. 27, 2016

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Act is to promote improvement in employment and enhancement in the welfare of construction workers and to contribute to the development of the construction industry by supporting and promoting the stability of employment of construction workers and the development and elevation of their vocational abilities, and by doing welfare work, such as the payment of mutual-aid money for retirement to construction workers.
[This Article Wholly Amended by Act No. 8811, Dec. 27, 2007]
 Article 2 (Definitions)
The definitions of terms used in this Act shall be as follows:
1. The term "business owner" means a person who employs workers and carries on construction business prescribed by Presidential Decree (hereinafter referred to as "construction business"), and who has obtained a license or permission or has registered pursuant to the related Acts and subordinate statutes;
2. The term "construction worker" means a worker referred to in Article 2 of the Labor Standards Act, who engages in construction business;
3. The term "original contractor" means a business owner who has contracted with the person who originally placed an order for construction work;
4. The term "subcontractor" means a business owner who has contracted with the original contractor for construction work, and a business owner who has contracted with the said subcontractor for construction work;
5. The term "retirement mutual-aid" means that a business owner shall pay the mutual-aid installments to the Mutual-Aid Association for Construction Workers by making the construction workers the beneficiaries, and where the said beneficiaries retire from the construction business, the said Association shall pay mutual-aid money for retirement.
[This Article Wholly Amended by Act No. 8811, Dec. 27, 2007]
 Article 3 (Formulation and Execution of Master Plans for Improvement in Employment of Construction Workers)
(1) The Minister of Employment and Labor shall formulate and execute a master plan for improvement in the employment of construction workers (hereinafter referred to as "master plan") every five years, in order to promote the stability of employment of construction workers, to promote the development and elevation of vocational abilities, and to support the enhancement of their welfare. <Amended by Act No. 10339, Jun. 4, 2010; Act No. 13895, Jan. 27, 2016>
(2) The following matters shall be included in a master plan: <Amended by Act No. 13895, Jan. 27, 2016>
1. Matters concerning evaluation of the immediately preceding master plan;
2. Matters concerning trends in employment of construction workers;
3. Matters concerning the improvement in employment structure of construction workers;
4. Matters concerning the development and elevation of vocational abilities of construction workers, such as training of technical human resources in construction;
5. Matters concerning the promotion of welfare of construction workers;
6. Matters concerning the observance of the Labor Standards Act by construction business, such as wages, holidays, vacations and working hours;
7. Matters concerning the stability of employment of construction workers in the winter season.
(3) Where the Minister of Employment and Labor intends to formulate a master plan, he/she shall consult with the head of the relevant central administrative agency, and thereafter go through deliberation by the Employment Policy Deliberative Council under the Framework Act on Employment Policy. The same shall also apply when he/she intends to change important matters of the master plan, as prescribed by Presidential Decree. <Amended by Act No. 10339, Jun. 4, 2010>
(4) When the Minister of Employment and Labor formulates a master plan pursuant to paragraph (1), he/she shall report to the relevant standing committee of the National Assembly without delay. <Newly Inserted by Act No. 13895, Jan. 27, 2016>
(5) The Minister of Employment and Labor may, if deemed necessary, request the head of the relevant central administrative agency to submit the data necessary for the formulation and alteration of a master plan. <Amended by Act No. 10339, Jun. 4, 2010>
[This Article Wholly Amended by Act No. 8811, Dec. 27, 2007]
 Article 4 (Recommendations)
If the Minister of Employment and Labor deems it necessary for the smooth execution of a master plan, he/she may recommend matters necessary for the following concerning construction workers for business owners, the organization of business owners, etc.: <Amended by Act No. 10339, Jun. 4, 2010>
1. Improvement in employment management;
2. Stabilization of employment;
3. Development and elevation of vocational abilities;
4. Promotion of welfare.
[This Article Wholly Amended by Act No. 8811, Dec. 27, 2007]
CHAPTER II BETTERMENT OF EMPLOYMENT OF CONSTRUCTION WORKERS
 Article 5 (Persons Responsible for Employment Management)
(1) In order to deal with the affairs of the relevant place for business pertaining to the following matters, a business owner shall designate a person responsible for employment management by place for business and file a report thereon with the Minister of Employment and Labor: Provided, That the same shall not apply to places for business which do not exceed a size prescribed by Presidential Decree: <Amended by Act No. 10339, Jun. 4, 2010; Act No. 10965, Jul. 25, 2011>
1. Matters concerning the recruitment, employment and disposition of construction workers;
2. Matters concerning the education and training provided for the improvement in technical skills of construction workers;
3. Matters concerning the installation and use of convenient facilities for construction workers;
4. Matters concerning dealing with the affairs of employment insurance, such as a report on acquisition or loss of qualifications for the insured;
5. Matters concerning the retirement mutual-aid, such as the subscription for retirement mutual-aid and payment of mutual-aid in installments;
6. Other matters concerning employment management of construction workers, which are prescribed by Ordinance of the Ministry of Employment and Labor.
(2) When a business owner has designated a person responsible for employment management, he/she shall notify construction workers of the fact of such designation by posting a notice of the name of a person responsible for employment management and other matters prescribed by Ordinance of the Ministry of Employment and Labor at the relevant place for business. <Amended by Act No. 10339, Jun. 4, 2010>
(3) Detailed matters necessary for the designation of a person responsible for employment management and other necessary matters shall be prescribed by Presidential Decree. <Amended by Act No. 10965, Jul. 25, 2011>
(4) Every business owner shall endeavor to elevate the ability to perform the duties of a person responsible for employment management, such as providing education and training to him/her.
(5) A person designated by an original contractor as being responsible for employment management shall provide the necessary guidance over or assistance in handling of the affairs referred to in paragraph (1) 3 through 5 by a person designated by the subcontractor of the same place for business as being responsible for employment management. <Amended by Act No. 10965, Jul. 25, 2011>
[This Article Wholly Amended by Act No. 8811, Dec. 27, 2007]
 Article 6 (Issuance of Documents on Employment)
When a business owner has employed a construction worker, he/she shall issue documents in which the following matters are included, to the relevant construction worker, as prescribed by Ordinance of the Ministry of Employment and Labor: <Amended by Act No. 10339, Jun. 4, 2010>
1. Name of a business owner (in cases of a juristic person, referring to its representative);
2. Title and seat of a place for business (where a business owner is a juristic person, including the title and seat of the juristic person);
3. Working hours, wages and employment period;
4. Details of works;
5. Other matters prescribed by Ordinance of the Ministry of Employment and Labor.
[This Article Wholly Amended by Act No. 8811, Dec. 27, 2007]
 Article 7 (Improvement etc. in Employment of Construction Workers)
(1) The Minister of Employment and Labor may conduct the following business for the improvement of employment management, stabilization of employment and the development and enhancement, etc. of vocational abilities of construction workers: <Amended by Act No. 10339, Jun. 4, 2010; Act No. 10965, Jul. 25, 2011>
1. Vocational training and educational training which are conducted for training and improvement in technical skills of technical human resources in construction;
2. Installation and operation of employment supporting facilities for construction workers;
3. Implementation of programs for improving the employment of construction workers;
4. Education and training for persons responsible for employment management;
5. Other business necessary for stabilizing employment, promoting employment and improving welfare of construction workers.
(2) The Minister of Employment and Labor may entrust a part of the business to a corporation or organization deemed to have the human resources and facilities for conducting the business referred to in the subparagraphs of paragraph (1), which is prescribed by Presidential Decree, and the corporation or organization entrusted as such may re-entrust the business with approval from the Minister of Employment and Labor. <Newly Inserted by Act No. 10965, Jul. 25, 2011>
(3) In order to implement the business falling under the subparagraphs of paragraph (1), a corporation or organization entrusted or re-entrusted under paragraph (2) shall fulfill the requirements prescribed in the Act on the Development of Workplace Skills of Workers, the Employment Security Act and other Acts and subordinate statutes related to the implementation of the business. <Newly Inserted by Act No. 10965, Jul. 25, 2011>
(4) The Minister of Employment and Labor may subsidize all or part of the expenses required by persons entrusted with the business under paragraph (2). <Newly Inserted by Act No. 10965, Jul. 25, 2011>
(5) The Minister of Employment and Labor may subsidize part of mutual-aid installments to be paid by a business owner who has subscribed for retirement mutual-aid, as prescribed by the Employment Insurance Act. <Amended by Act No. 10339, Jun. 4, 2010>
(6) In implementing the business referred to in the subparagraphs of paragraph (1), the Minister of Employment and Labor shall give preferential consideration to daily employed construction workers. <Newly Inserted by Act No. 10965, Jul. 25, 2011>
[This Article Wholly Amended by Act No. 8811, Dec. 27, 2007]
 Article 7-2 (Building Convenient Facilities Related to Employment)
Business owners shall build facilities, such as lavatories, mess halls, and dressing rooms, or take measures for construction workers to use such facilities on the relevant construction field in which construction works of at least the scale prescribed by Presidential Decree are performed. In such cases, the standards for building or taking measures to use such facilities and other necessary matters shall be prescribed by Ordinance of the Ministry of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010>
[This Article Wholly Amended by Act No. 8811, Dec. 27, 2007]
CHAPTER III MUTUAL-AID BUSINESS
 Article 8 (Execution of Mutual-Aid Business)
Any person who meets the standards prescribed by Presidential Decree, from among the mutual-aid association and the organization of business owners related to construction business prescribed by Presidential Decree, shall jointly conduct mutual-aid business for construction workers, such as business on mutual-aid for retirement for the stabilization of employment and promotion of welfare for construction workers.
[This Article Wholly Amended by Act No. 8811, Dec. 27, 2007]
 Article 9 (Establishment, etc. of Mutual-Aid Association for Construction Workers)
(1) Any person who executes the mutual-aid program for construction workers under Article 8 shall incorporate the Mutual-Aid Association for Construction Workers (hereinafter referred to as the "Mutual-Aid Association") with authorization from the Minister of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010>
(2) The Mutual-Aid Association shall be a juristic person.
(3) The provisions for incorporated foundations in the Civil Act shall apply mutatis mutandis to the establishment, operation, supervision, etc. of the Mutual-Aid Association.
(4) Matters to be entered in the articles of association shall be prescribed by Presidential Decree, and the modification of the articles of association shall require approval from the Minister of Employment and Labor following a resolution at the board of directors. <Newly Inserted by No. 10965, Jul. 25, 2011>
(5) The chairperson of the Mutual-Aid Association shall be elected by the board of directors. <Newly Inserted by No. 10965, Jul. 25, 2011>
[This Article Wholly Amended by Act No. 8811, Dec. 27, 2007]
 Article 9-2 (Business of Mutual-Aid Association)
(1) The Mutual-Aid Association shall conduct the following business: <Amended by Act No. 10965, Jul. 25, 2011>
1. Management and maintenance of records of business owners and beneficiaries who have subscribed to retirement mutual-aid;
2. Receipt of mutual-aid installments and payment of retirement mutual-aid money;
3. Payment of rewards for reports pursuant to Article 16-2;
4. Loans to the beneficiaries;
5. Business for multiplication of accumulated mutual-aid installments;
6. Welfare promotion business, such as the establishment and operation of welfare facilities for construction workers;
6-2. Business for stability of employment of construction workers and the development and elevation of their vocational abilities, and support for finding jobs;
7. Business entrusted by the Government, other than business referred to in subparagraphs 1 through 6 and 6-2;
8. Business incidental to business referred to in subparagraphs 1 through 7.
(2) The Mutual-Aid Association may conduct profit-making business within the extent necessary for conducting the business referred to in paragraph (1). <Newly Inserted by No. 10965, Jul. 25, 2011>
(3) The Mutual-Aid Association may conduct the business referred to in paragraph (1) 6-2 for itself or by entrusting it to related institutions if necessary. In such cases, the Mutual-Aid Association or institutions to be entrusted with the business shall, in order to conduct the relevant business, fulfil the requirements prescribed in the Acts and subordinate statutes related to the implementation of the business. <Newly Inserted by No. 10965, Jul. 25, 2011>
[This Article Wholly Amended by Act No. 8811, Dec. 27, 2007]
 Article 9-3 (Issuance of Certificates of Career)
(1) Where a construction worker makes a request to issue a certificate of career, the Multi-Aid Association may confirm his/her working experience and issue a certificate of career.
(2) For the issuance of a certificate of career under paragraph (1), the Multi-Aid Association may request related institutions prescribed by Presidential Decree to check related data.
(3) Matters necessary for the procedures, etc. for issuance of a certificate of career under paragraph (1) shall be prescribed by Ordinance of the Ministry of Employment and Labor.
[This Article Newly Inserted by No. 10965, Jul. 25, 2011]
 Article 9-4 (Board of Directors)
(1) The board of directors shall be established under the Mutual-Aid Association to deliberate and decide on the following matters:
1. Matters concerning business plans, budget and settlement of accounts;
2. Matters concerning the amendment of articles of association;
3. Matters concerning the appointment and dismissal of executives;
4. Matters concerning the remuneration of executives and employees;
5. Matters concerning the enactment or amendment of organization, accounting, remuneration, and other important regulations;
6. Matters concerning the management target and performance-based bonus of the chairperson;
7. Matters concerning the public announcement of management information;
8. Other matters that the board of directors deems necessary.
(2) The chairperson shall report the following matters to the board of directors:
1. Detailed outcomes of management of mutual-aid installments;
2. Outcomes of internal and outside audits;
3. Other matters on which the board of directors requests reports from the chairperson.
(3) The board of directors shall be comprised of not more than 20 persons from among the following directors: <Amended by Act No. 11690, Mar. 23, 2013>
1. The chairperson of the Mutual-Aid Association;
2. Related public officials in senior civil service belonging to the Ministry of Employment and Labor and the Ministry of Land, Infrastructure and Transport;
3. The heads of mutual-aid associations and business owners' organizations related to construction business, and specialists recommended by them;
4. Specialists recommended by the Minister of Employment and Labor and the Minister of Land, Infrastructure and Transport;
5. Specialists recommended by nation-wide labor organizations;
6. Other specialists prescribed by Presidential Decree.
(4) The chairperson of the board of directors shall be elected from among directors.
(5) Detailed matters necessary for the organization of the board of directors, qualifications for directors, and other matters concerning the operation of the board of directors shall be prescribed by Presidential Decree.
[This Article Newly Inserted by No. 10965, Jul. 25, 2011]
 Article 9-5 (Business Plans, Budget and Settlement of Accounts)
(1) The Mutual-Aid Association shall prepare a business plan and a budget bill before the commencement date of each business year, and submit it to the Minister of Employment and Labor for his/her approval following a resolution at the board of directors.
(2) The Mutual-Aid Association shall, within two months after the end of each fiscal year, prepare a written report on settlement of accounts audited by a certified public accountant and submit it to the Minister of Employment and Labor following a resolution at the board of directors, and shall finalize the settlement of accounts by obtaining his/her approval.
(3) All accounts of the Mutual-Aid Association shall be processed in accordance with the enterprise accounting principles on the basis of facts of occurrence so that the management outcomes and the status of revenues and expenditures can be comprehended.
[This Article Newly Inserted by No. 10965, Jul. 25, 2011]
 Article 10 (Subscription to Mutual-Aid for Retirement)
(1) Any business owner performing construction work under Article 87 (1) of the Framework Act on the Construction Industry and construction work prescribed by Presidential Decree (where the business is conducted according to a contract by passing through several stages, referring to the original contractor), shall ipso facto be a subscriber to the retirement mutual-aid from the date of commencement of such construction work. In such cases, where an original contractor lets his/her subcontractor take over the payment of mutual-aid installments by a written contract, and where the Mutual-Aid Association grants approval upon a request from the original contractor, the said subcontractor shall be deemed the business owner. <Amended by Act No. 8811, Dec. 27, 2007>
(2) As a business owner, other than a business owner who has become a subscriber to the mutual-aid for retirement pursuant to paragraph (1), a business owner who meets the requirements prescribed by Presidential Decree may subscribe for retirement mutual-aid with approval from the Mutual-Aid Association. In such cases, such subscription shall be valid from the date the Mutual-Aid Association grants approval for such subscription. <Amended by Act No. 8811, Dec. 27, 2007>
(3) Deleted. <by Act No. 8560, Jul. 27, 2007>
(4) Matters necessary for the methods and procedures for subscription to the retirement mutual-aid pursuant to paragraphs (1) and (2) shall be prescribed by Ordinance of the Ministry of Employment and Labor. <Amended by Act No. 8811, Dec. 27, 2007; Act No. 10339, Jun. 4, 2010>
(5) Relationship of the mutual-aid for retirement shall expire on the next day of the closing day of construction business by a business owner or the next day of the date of completion of construction work performed by the business owner. <Amended by Act No. 8811, Dec. 27, 2007>
[This Article Wholly Amended by Act No. 6848, Dec. 30, 2002]
 Article 10-2 Deleted. <by Act No. 8560, Jul. 27, 2007>
 Article 10-3 (Cost Accounting of Expenses Incurred)
(1) Parties to the contract for construction works, liable to subscribe to the retirement mutual-aid under Article 10 (1), shall clarify the amount required for subscribing to the retirement mutual-aid on the specifications of materials for said construction works and the specifications of computing the contract amount: Provided, That in cases of construction works directly executed by the person placing an order, the said required expenses shall be clarified on the written cost accounting of works.
(2) Where a subcontractor has subscribed to the retirement mutual-aid pursuant to the latter part of Article 10 (1), the original contractor shall clarify the amount required for subscribing to the retirement mutual-aid on the specifications of computing the amount of subcontract for construction works corresponding to the portion of the said subcontract.
[This Article Wholly Amended by Act No. 8811, Dec. 27, 2007]
 Article 10-4 (Report on Relationship of Mutual-Aid for Retirement)
(1) A business owner who has become a subscriber to the mutual-aid for retirement naturally pursuant to Article 10 (1) shall report the materialization of relationship of the mutual-aid for retirement to the Mutual-aid Association within 14 days from the date of commencement of the construction work.
(2) The business owner referred to in paragraph (1) may report the whole of business he/she runs or as classified by place of business.
[This Article Wholly Amended by Act No. 8811, Dec. 27, 2007]
 Article 11 (Scope of Beneficiaries)
Except for any of the following persons, any construction workers engaged in projects or places for business subscribed to retirement mutual-aid, shall become beneficiaries of the said retirement mutual-aid: <Amended by Act No. 10339, Jun. 4, 2010>
1. A person whose working hours fall short of the standards prescribed by Ordinance of the Ministry of Employment and Labor;
2. A person prescribed by Presidential Decree by taking account of types of employment, period of employment, occupational category, etc.
[This Article Wholly Amended by Act No. 8811, Dec. 27, 2007]
 Article 12 Deleted. <by No. 10965, Jul. 25, 2011>
 Article 13 (Payment of Mutual-Aid Installments)
(1) Whenever a business owner who has subscribed to mutual-aid for retirement pays wages to the beneficiaries, he/she shall pay mutual-aid installments corresponding to the working days of the relevant beneficiaries to the Mutual-Aid Association.
(2) Mutual-aid installments shall be the additional money necessary for the mutual-aid money for retirement payable to beneficiaries and for the business, operation, etc. of the Mutual-Aid Association. <Newly Inserted by No. 10965, Jul. 25, 2011>
(3) Matters necessary for the amount, payment, etc. of the mutual-aid installments shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 8811, Dec. 27, 2007]
 Article 14 (Payment of Mutual-Aid Money for Retirement)
(1) When any beneficiary who has paid mutual-aid installments for at least 12 months retires from construction business, dies or attains 60 years of age, the Mutual-Aid Association shall pay the mutual-aid money for retirement to the beneficiary or his/her bereaved family pursuant to the standards prescribed by Presidential Decree by taking account of the number of months of payment of mutual-aid installments.
(2) Articles 63 and 65 of the Industrial Accident Compensation Insurance Act shall apply mutatis mutandis to the scope of bereaved family members entitled to receive the mutual-aid money for retirement under paragraph (1), and their priority order. <Amended by Act No. 10965, Jul. 25, 2011>
(3) The number of months of payment of mutual-aid installments under paragraph (1) shall be calculated on the basis of working days under employment by a business owner subscribed to retirement mutual-aid: Provided, That where the beneficiary has worked under employment by at least two business owners subscribed to retirement mutual-aid, the number of months of payment shall be calculated on the basis of the total number of days of the respective working days.
(4) Matters necessary for a calculating method of the number of months of payment, and the methods, procedures, etc. for paying mutual-aid money for retirement under paragraphs (1) through (3) shall be prescribed by Ordinance of the Ministry of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010>
[This Article Wholly Amended by Act No. 8811, Dec. 27, 2007]
 Article 15 (Certification, etc. of Retirement)
(1) Any person who intends to receive mutual-aid money for retirement shall submit to the Mutual-Aid Association documents certifying the fact of retirement and other documents prescribed by Ordinance of the Ministry of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010>
(2) When a beneficiary requests a necessary certification in order to receive mutual-aid money for retirement, a business owner shall comply with such request.
[This Article Wholly Amended by Act No. 8811, Dec. 27, 2007]
 Article 16 (Requests, etc. for Return)
(1) The Mutual-Aid Association may request any person who has received mutual-aid money for retirement by false or other illegal means, to return the amount equivalent to double the mutual-aid money for retirement which he/she has received: Provided, That where he/she makes a voluntary report on the fact of receipt of the mutual-aid money for retirement by false or other illegal means, he/she shall return the mutual-aid money for retirement paid to him/her.
(2) Where a person has received mutual-aid money for retirement under paragraph (1) by false report or false certification by a business owner, such business owner shall also take responsibility jointly with a person who has received the relevant mutual-aid money for retirement.
(3) When a person has not returned mutual-aid money for retirement, notwithstanding a request for its return under paragraph (1), the Mutual-aid Association shall urge such obligor to make a payment within a fixed period, and when any person who has been urged to pay fails to make a payment within the time limit, it may collect it in the same manner as delinquent national taxes are collected, with approval from the Minister of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010>
[This Article Wholly Amended by Act No. 8811, Dec. 27, 2007]
 Article 16-2 (Payment of Rewards for Reporting)
The Mutual-aid Association may pay a reward to any person who reports any of the following persons, as prescribed by Ordinance of the Ministry of Employment and Labor: <Amended by Act No. 10339, Jun. 4, 2010>
1. A person who has received mutual-aid money for retirement by false or other illegal means;
2. A person who has had another person receive mutual-aid money by false report or false certification.
[This Article Wholly Amended by Act No. 8811, Dec. 27, 2007]
 Article 17 Deleted. <by Act No. 6848, Dec. 30, 2002>
 Article 18 (Withdrawal from Retirement Mutual-Aid)
A business owner subscribed to retirement mutual-aid under Article 10 (2) may withdraw from retirement mutual-aid where he/she falls under any of the following: <Amended by Act No. 10339, Jun. 4, 2010>
1. Where he/she has obtained the consent of at least three-fourths of the beneficiaries;
2. Where he/she falls under the grounds prescribed by Ordinance of the Ministry of Employment and Labor, as cases where he/she has difficulty in paying mutual-aid installments continuously.
[This Article Wholly Amended by Act No. 8811, Dec. 27, 2007]
 Article 19 (Notice to Workers)
(1) A business owner who has subscribed to the retirement mutual-aid shall post a notice of the details of retirement mutual-aid at places where the construction workers can readily see it, as prescribed by Ordinance of the Ministry of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010>
(2) A business owner withdrawn from the retirement mutual-aid under Article 18 shall promptly notify construction workers of such fact that they have become disentitled as beneficiaries, by means of posting a notice, etc. of such fact of withdrawal at the places where construction workers can readily see it.
(3) The Mutual-Aid Association shall notify the beneficiaries of the fact of subscription for retirement mutual-aid, the accumulated amount of mutual-aid for each person, etc., as prescribed by Ordinance of the Ministry of Employment and Labor. <Newly Inserted by No. 10965, Jul. 25, 2011>
[This Article Wholly Amended by Act No. 8811, Dec. 27, 2007]
 Article 20 (Protection of Recipient's Entitlement)
(1) Entitlement to receive mutual-aid money for retirement shall not be transferred, seized or offered in security: Provided, That where a person borrows money from the Mutual-Aid Association, he/she may offer such entitlement in security. <Amended by Act No. 10965, Jul. 25, 2011>
(2) Receipt of mutual-aid money for retirement may be entrusted, as prescribed by Presidential Decree.
(3) A beneficiary who is a minor may individually claim mutual-aid money for retirement.
[This Article Wholly Amended by Act No. 8811, Dec. 27, 2007]
 Article 21 (Prescription)
(1) Entitlement to receive mutual-aid money for retirement and rights to collect return money shall be extinguished by prescription unless they are exercised within three years.
(2) Except as otherwise prescribed by this Act, the Civil Act shall govern the extinctive prescription referred to in paragraph (1).
[This Article Wholly Amended by Act No. 8811, Dec. 27, 2007]
CHAPTER IV SUPPLEMENTARY PROVISIONS
 Article 22 (Preferential Treatment)
The Government may grant preferential treatment to business owners subscribed to retirement mutual-aid in the assessment of construction abilities and in the execution of construction policies, as prescribed by the Acts and subordinate statutes related to construction.
[This Article Wholly Amended by Act No. 8811, Dec. 27, 2007]
 Article 22-2 (Accumulation of Reserves)
The Mutual-Aid Association shall appropriate a reserve fund at every period of settlement of accounts in order to appropriate it to the retirement mutual-aid money to be paid in the future, and treat it as separate accounting.
[This Article Wholly Amended by Act No. 8811, Dec. 27, 2007]
 Article 23 (Guidance, Supervision, etc.)
(1) When the Minister of Employment and Labor deems it necessary, he/she may, as prescribed by Presidential Decree, request business owners and the Mutual-Aid Association to file a report and to submit the data, which are required for the enforcement of this Act, or give other necessary instructions. <Amended by Act No. 10339, Jun. 4, 2010; Act No. 10965, Jul. 25, 2011>
(2) The Mutual-Aid Association may request a business owner who employs or employed beneficiaries, and the beneficiaries to file a report or to submit the related documents required for the mutual-aid business.
(3) Where the operation of the Mutual-Aid Association falls under any of the following cases, the Minister of Employment and Labor may issue an order to improve the management and services or to take other necessary measures by fixing a period: <Newly Inserted by No. 10965, Jul. 25, 2011>
1. Where the accounting or execution of business affairs violates any Act or subordinate statute, articles of association or other regulations of the Mutual-Aid Association;
2. Where the operation of the Mutual-Aid Association is obviously unreasonable;
3. Where it suspends all or part of mutual-aid business without any justifiable ground.
[This Article Wholly Amended by Act No. 8811, Dec. 27, 2007]
CHAPTER V PENAL PROVISIONS
 Article 24 (Penal Provisions)
Any person who has received mutual-aid money for retirement by false or other illegal means and any person who has had another person receive the mutual-aid money for retirement by false report or false certification shall be punished by imprisonment for not more than one year or by a fine not exceeding three million won.
[This Article Wholly Amended by Act No. 8811, Dec. 27, 2007]
 Article 25 (Joint Penal Provisions)
If the representative of a juristic person or organization, or an agent, employee or any other employed person of a juristic person, organization, or individual has committed an offense referred to in Article 24 in connection with the affairs of such juristic person, organization, or individual, not only shall such offender be punished accordingly, but such juristic person, organization, or individual also shall be punished by a fine referred to in the relevant provision: Provided, That this shall not apply to where the juristic person, organization or individual has not neglected to pay due attention to and supervise the relevant affairs in order to prevent such offense.
[This Article Wholly Amended by Act No. 9254, Dec. 26, 2008]
 Article 26 (Administrative Fines)
(1) Any business owner liable to build facilities, such as a lavatory, mess hall and dressing room, or to take measures for construction workers to use such facilities pursuant to Article 7-2, but who fails to build such facilities or take measures for construction workers to use such facilities shall be punished by an administrative fine not exceeding five million won.
(2) Any person who fails to make a report pursuant to Article 10-4 (1) shall be punished by an administrative fine not exceeding three million won. <Amended by Act No. 10965, Jul. 25, 2011>
(3) Any of the following persons shall be punished by an administrative fine not exceeding one million won: <Amended by Act No. 10965, Jul. 25, 2011>
1. Any person who has failed to file a report related to a person responsible for employment management under Article 5 (1);
2. and 3. Deleted; <by Act No. 10965, Jul. 25, 2011>
4. Any person who has failed to pay a mutual-aid installment under Article 13 (1);
5. Any person who has failed to comply with a request for certification under Article 15 (2);
6. Any person who has failed to file a report under Article 23 (1) or has filed a false report, who has failed to submit the data or has submitted the false data, who has failed to comply with corrective orders and other necessary measures referred to in Article 23 (3).
(4) Administrative fines under paragraphs (1) through (3) shall be imposed and collected by the Minister of Employment and Labor, as prescribed by Presidential Decree. <Amended by Act No. 10339, Jun. 4, 2010>
(5) through (7) Deleted. <by Act No. 10965, Jul. 25, 2011>
[This Article Wholly Amended by Act No. 8811, Dec. 27, 2007]
ADDENDA
(1) (Enforcement Date) This Act shall enter into force on January 1, 1998.
(2) (Preparation for Establishment of Mutual-Aid Association) The Minister of Labor and the Minister of Construction and Transportation may, prior to the entry into force of this Act, deal with the affairs necessary for the establishment of the Mutual-Aid Association, such as an approval for the establishment of the Mutual-Aid Association under Article 9, and supports to the affairs of establishment the Mutual-Aid Association, etc.
ADDENDA <Act No. 6848, Dec. 30, 2002>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2003: Provided, That Articles 5 (3) and 26 (2) 1 shall enter into force on January 1, 2004.
Article 2 (Applicability to Subscription to Retirement Mutual-Aid)
The amendment to Article 10 (1) shall apply to the first business owner of construction works commencing the relevant works after this Act enters into force.
Article 3 (Transitional Measures for Retirement Mutual-Aid for Construction Workers)
The Retirement Mutual-Aid Association for Construction Workers established under the previous provisions at the time this Act enters into force, shall be deemed the Mutual-Aid Association for Construction Workers established under this Act.
Article 4 (Transitional Measures for Retirement Mutual-Aid Contracts)
That a retirement mutual-aid contract has been concluded under the previous provisions at the time this Act enters into force, shall be deemed that subscribed to the retirement mutual-aid under the amendment to Article 10 (1).
Article 5 (Transitional Measures for Statutory Retirement Allowances)
Provisions of the previous Article 17 shall govern statutory retirement allowances to construction workers engaged for one year or more in construction works executed by a business owner who has concluded a retirement mutual-aid contract under the previous Article 10 at the time this Act enters into force, not later than the date of retiring from the relevant construction works or the completion date of the relevant construction works.
Article 6 (Transitional Measures for Fines for Negligence)
The previous provisions shall govern in any application of fines for negligence to the acts committed before this Act enters into force.
ADDENDA <Act No. 8372, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 17 Omitted.
ADDENDA <Act No. 8373, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 8429, May 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 8560, Jul. 27, 2007>
(1) (Enforcement Date) This Act shall enter into force six months after the date of its promulgation.
(2) (Applicability to Request for Return of Mutual-aid Money for Retirement) The amended provisions of Article 16 (1) shall apply beginning with the first person who is requested to return mutual-aid money for retirement after this Act enters into force.
(3) (Transitional Measures concerning Fines for Negligence) In the application of fines for negligence to an act done before this Act enters into force, the previous provisions shall apply.
ADDENDA <Act No. 8694, Dec. 14, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2008. (Proviso Omitted.)
Articles 2 through 26 Omitted.
ADDENDUM <Act No. 8811, Dec. 27, 2007>
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 3 (2) 5 and 6, Article 7-2, subparagraphs 3, 7 and 8 of Article 9-2, Articles 10 (1), (2), (4) and (5), 10-4, 16 (1), 16-2 and 26 shall enter into force on January 28, 2008.
ADDENDUM <Act No. 9254, Dec. 26, 2008>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 10339, Jun. 4, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force one month after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Act No. 10965, Jul. 25, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Article 2 (Applicability to Reports on Designation of Persons Responsible for Employment Management)
The amended provisions of Article 5 (1) shall apply to business owners who designate persons responsible for employment management after this Act enters into force.
Article 3 (Transitional Measures concerning Administrative Fines)
Administrative fines against an act committed before this Act enters into force shall be governed by the former provisions.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
(1) This Act shall enter into force on the date of its promulgation.
(2) Omitted.
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 13895, Jan. 27, 2016>
This Act shall enter into force six months after the date of its promulgation.