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ENFORCEMENT DECREE OF THE ACT ON THE PROTECTION, ETC. OF TEMPORARY AGENCY WORKERS

Presidential Decree No. 15828, Jul. 1, 1998

Amended by Presidential Decree No. 20094, jun. 18, 2006

Presidential Decree No. 21590, jun. 30, 2009

Presidential Decree No. 21694, Aug. 18, 2009

Presidential Decree No. 22269, Jul. 12, 2010

Presidential Decree No. 22799, Mar. 30, 2011

Presidential Decree No. 23488, Jan. 6, 2012

Presidential Decree No. 23853, jun. 12, 2012

Presidential Decree No. 25615, Sep. 18, 2014

Presidential Decree No. 25630, Sep. 24, 2014

Presidential Decree No. 26810, Dec. 30, 2015

 Article 1 (Purpose)
The purpose of this Decree is to prescribe matters delegated by the Act on the Protection, etc. of Temporary Agency Workers, and matters necessary for the enforcement of said Act. <Amended by Presidential Decree No. 20094, Jun. 18, 2007>
 Article 2 (Jobs Permitted for, and Prohibited of, Temporary Placement of Workers)
(1) The term “jobs prescribed by Presidential Decree” in Article 5 (1) of the Act on the Protection, etc. of Temporary Agency Workers (hereinafter referred to as the “Act”), means jobs provided for in attached Table 1. <Amended by Presidential Decree No. 20094, Jun. 18, 2007>
(2) The term “any other job prescribed by Presidential Decree” in Article 5 (3) 5 of the Act, means any of the following: <Amended by Presidential Decree No. 20094, Jun. 18, 2007>
2. Jobs to issue health management pocketbooks pursuant to Article 44 of the Medical Service Act;
3. Jobs working as medical personnel defined in Article 2 of the Medical Service Act, and as nursing assistants referred to in Article 80 of the same Act;
4. Jobs working as medical technicians pursuant to Article 3 of the Medical Technicians, etc. Act;
5. Driving jobs working for passenger transport businesses defined in subparagraph 3 of Article 2 of the Passenger Transport Service Act;
6. Driving jobs working for trucking transport businesses defined in subparagraph 3 of Article 2 of the Trucking Transport Service Act.
 Article 2-2 (Exemption from Mandatory Employment)
The term “where a just ground prescribed by Presidential Decree exists” in Article 6-2 (2) of the Act, means any of the following: <Amended by Presidential Decree No. 25630, Sep. 24, 2014>
1. Cases falling under any subparagraphs of Article 7 (1) of the Wage Claim Guarantee Act;
2. Where it is impossible to continue business due to natural disasters, war, or other unforeseen circumstances.
[This Article Newly Inserted by Presidential Decree No. 20094, Jun. 18, 2007]
 Article 3 (Detailed Criteria for Granting Permission)
Criteria for assets, facilities, etc. of a temporary work agency pursuant to Article 9 (2) of the Act shall be as follows: <Amended by Presidential Decree No. 20094, Jun. 18, 2007; Presidential Decree No. 21590, Jun. 30, 2009>
1. The temporary work agency shall be a business or workplace employing at least five full-time workers (excluding temporary agency workers) covered by employment insurance, national pension, industrial accident compensation insurance, and national health insurance;
2. The temporary work agency shall have capital of at least 100 million won (in cases of individuals, referring to the their appraised asset value);
3. The temporary work agency shall have an office with an area exceeding 20 square meters for exclusive use.
 Article 4 (Limitation on Use of Temporary Agency Workers)
The period during which no company may assign a temporary agency worker to the duties in which a worker terminated by the company for management reasons prescribed in Article 24 of the Labor Standards Act was engaged pursuant to Article 16 (2) of the Act shall be two years: Provided, That where the relevant business or workplace has a union comprised of a majority of workers, and obtains consent of the union (referring to a person representing a majority of workers if no trade union is comprised of a majority of workers), such period shall be six months. <Amended by Presidential Decree No. 20094, Jun. 18, 2007>
 Article 4-2 (Scope of Information to be Provided, and Methods of Providing Information)
(1) Information with which a user company is required to provide a temporary work agency pursuant to Article 20 (2) of the Act shall be the following information regarding the workers performing the same or similar types of duties that temporary agency workers perform in the user company:
1. Whether a worker is employed, and the number of workers;
2. Wages and details of wages;
3. Matters related to the start time and finish time of the working day, and recess hours;
4. Matters related to holidays and leaves;
5. Matters related to overtime, night-shift and holiday work;
6. Matters related to safety and health;
7. Matters related to use of welfare facilities;
8. Except as otherwise expressly provided for in subparagraphs 2 through 7, working conditions subject to the discriminatory treatment defined in subparagraph 7 of Article 2 of the Act.
(2) A user company shall provide the information prescribed in each subparagraph of paragraph (1) to a temporary work agency in writing.
[This Article Newly Inserted by Presidential Decree No. 20094, Jun. 18, 2007]
 Article 5 (Causes Attributable to User Companies)
The term “causes attributable to a user company, which are prescribed by Presidential Decree” in the former part of Article 34 (2) of the Act means any of the following:
1. Where a user company terminates a contract on temporary placement of a worker without just cause;
2. Where a user company fails to pay for the temporary placement of workers in breach of a contract on temporary placement of workers without just cause.
 Article 6 (Delegation of Authority)
The Minister of Employment and Labor may delegate any of the following authority to the head of a local employment and labor office pursuant to Article 41 of the Act: <Amended by Presidential Decree No. 20094, Jun. 18, 2007; Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 23853, Jun. 12, 2012; Presidential Decree No. 25615, Sep. 18, 2014>
1. Granting permission, permission for revision, and permission for renewal to temporary work agencies, and accepting reports on revised matters from temporary work agencies pursuant to Articles 7 (1) and (2) and 10 (2) of the Act;
2. Accepting reports on closure from temporary work agencies pursuant to Article 11 (1) of the Act;
3. Revoking permission of temporary work agencies, and suspending business thereof pursuant to Article 12 of the Act;
4. Receipt of business reports pursuant to Article 18 of the Act;
5. Taking measures for closure, etc. pursuant to Article 19 of the Act;
5-2. Requiring the submission of reports on the status of compliance with a corrective order finalized under Article 15 (1) of the Act on the Protection, etc. of Fixed-Term and Part-Time Workers, which applies mutatis mutandis under Articles 21 (3), 21-2 (4) and 21-3 (2) of the Act, and receiving reports on non-compliance with a corrective order finalized under paragraph (2) of the same Article;
5-3. Requiring the elimination of discriminatory treatment pursuant to Articles 21-2 (1) and 21-3 (1) of the Act, and giving notice of discriminatory treatment pursuant to Article 21-2 (2) of the Act (including cases applied mutatis mutandis pursuant to Article 21-3 (2) of the Act);
6. Providing guidance and advice pursuant to Article 36 of the Act;
7. Issuing an improvement order pursuant to Article 37 of the Act;
8. Issuing an order to report, and conducting a visit, inspection, and inquiry pursuant to Article 38 of the Act;
9. Requesting the submission of data pursuant to Article 39 of the Act;
10. Imposing and collecting fines for negligence pursuant to Article 46 of the Act.
 Article 6-2 (Handling of Sensitive Information and Personally Identifiable Information)
The Minister of Employment and Labor (including persons to whom authority of the Minister of Employment and Labor is delegated pursuant to Article 6) or the Labor Relations Commission may handle criminal history records referred to in subparagraph 2 of Article 18 of the Enforcement Decree of the Personal Information Protection Act and data containing resident registration numbers or alien registration numbers provided for in subparagraph 1 or 4 of Article 19 of the same Decree, if it is essential to conduct the following:
1. Affairs regarding permission, or reporting on the revision, of temporary work agencies pursuant to Article 7 of the Act;
2. Affairs regarding verification of grounds for disqualification from obtaining permission pursuant to Article 8 of the Act;
3. Affairs regarding permission for renewal of temporary work agencies pursuant to Article 10 (2) of the Act;
4. Affairs regarding reporting on the closure of temporary work agencies pursuant to Article 11 of the Act;
5. Affairs regarding business reports submitted by temporary work agencies pursuant to Article 18 of the Act;
6. Affairs regarding requests to eliminate discriminatory treatment against temporary agency workers pursuant to Article 21 of the Act.
[This Article Newly Inserted by Presidential Decree No. 23488, Jan. 6, 2012]
 Article 6-3 (Re-Examination of Regulation)
The Minister of Employment and Labor shall examine the appropriateness of the criteria for assets, facilities, etc. of a temporary work agency under Article 3 every three years from January 1, 2016 (referring to the period that ends before January 1 of every third year) and take measures such as improvement.
[This Article Newly Inserted by Presidential Decree No. 23488, Dec. 30, 2015]
 Article 7 (Guidelines for Imposing Fines for Negligence)
Guidelines for imposing fines for negligence pursuant to Article 46 (1) through (5) of the Act shall be as specified in attached Table 2.
[This Article Wholly Amended by Presidential Decree No. 22799, Mar. 30, 2011]
ADDENDUM
This Decree shall enter into force on July 1, 1998.
ADDENDA <Presidential Decree No. 20094, Jun. 18, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2007: Provided, That the enforcement dates of the amended provisions of Article 4-2 and attached Table 2 (limited to subparagraphs 1 and 3) shall be as follows, according to each business or workplace (referring to the business or workplace of a user company; hereinafter the same shall apply):
1. Businesses or workplaces employing at least 300 full-time workers: July 1, 2007;
2. State agencies and local government agencies; institutions meeting the requirements as a government-affiliated institution defined in Article 3 of the Framework Act on the Management of Government-Affiliated Institutions, repealed under Article 2 of the Addenda of the Act on the Management of Public Institutions (Act No. 8258), or the requirements as a government-invested institution defined in Article 2 of the Framework Act on Management of Government-Invested Institutions, among those designated as a public corporation, quasi-governmental institution, and non-classified public institution pursuant to Article 5 of the Act on the Management of Public Institutions; local government-invested public corporations and local government public corporations referred to in Article 49 of the Local Public Enterprises Act and Article 76 of the same Act; government-funded research institutes and research councils defined in Article 2 of the Act on the Establishment, Operation, and Fostering of Government-Funded Research Institutes and Article 2 of the Act on the Establishment, Operation, and Fostering of Government-Funded Science and Technology Research Institutes; and university-affiliated hospitals established under the Act on the Establishment of National University-Affiliated Hospitals: July 1, 2007;
3. Businesses and workplaces employing at least 100 but less than 300 full-time workers: July 1, 2008;
4. Businesses and workplaces employing less than 100 full-time workers: July 1, 2009.
Article 2 (Transitional Measures concerning Jobs Permitted for Temporary Placement of Workers)
(1) Each worker placed in the jobs permitted for temporary placement pursuant to the former attached Table 1 as at the time this Decree enters into force, shall be deemed placed in the jobs permitted for temporary placement pursuant to the amended provisions of attached Table 1.
(2) Jobs permitted for temporary placement pursuant to the former attached Table 2 as at the time this Decree enters into force shall be deemed included in the jobs of new codes according to the former and current classification correlation table of the Korean Standards Classification of Occupation (Statistics Korea Notification No. 2000-2).
ADDENDA <Presidential Decree No. 21590, Jun. 30, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2009: Provided, That the amended provisions of Articles 8 and 9 shall enter into force on January 1, 2010.
Articles 2 through 9 Omitted.
ADDENDUM <Presidential Decree No. 21694, Aug. 18, 2009>
This Decree shall enter into force on August 22, 2009.
ADDENDA <Presidential Decree No. 22269, Jul. 12, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted)
Article 2 Omitted.
ADDENDA <Presidential Decree No. 22799, Mar. 30, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2011.
Article 2 (Transitional Measures concerning Fines for Negligence)
(1) Notwithstanding the amended provisions of attached Table 2, the former provisions shall apply to the guidelines for imposing fines for negligence regarding a violation committed before this Decree enters into force.
(2) Any violation committed before this Decree enters into force, and for which a fine for negligence has been imposed, shall be excluded from the number of instances of violation pursuant to the amended provisions of attached Table 2.
ADDENDA <Presidential Decree No. 23488, Jan. 6, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted)
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 23853, Jun. 12, 2012>
This Decree shall enter into force on August 2, 2012.
ADDENDUM <Presidential Decree No. 25615, Sep. 18, 2014>
This Decree shall enter into force on September 19, 2014.
ADDENDA <Presidential Decree No. 25630, Sep. 24, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 25, 2014.
Articles 2 and 3 Omitted.
ADDENDUM <Presidential Decree No. 26810, Dec. 30, 2015>
This Decree shall enter into force on the date of its promulgation.