Law Viewer

Back Home

WAGE CLAIM GUARANTEE ACT

Act No. 5513, Feb. 20, 1998

Amended by Act No. 6100, Dec. 31, 1999

Act No. 6334, Dec. 30, 2000

Act No. 7047, Dec. 31, 2003

Act No. 7379, Jan. 27, 2005

Act No. 7468, 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. 10320, May 25, 2010

Act No. 10967, Jul. 25, 2011

Act No. 11277, Feb. 1, 2012

Act No. 12528, Mar. 24, 2014

Act No. 13047, Jan. 20, 2015

Act No. 13909, Jan. 27, 2016

Act No. 14839, Jul. 26, 2017

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Act is to contribute to stabilization of the livelihoods of workers by introducing measures to guarantee the payment of overdue wages, etc. to workers, etc. who have retired without receiving their wages, etc. because companies were unable to continue their business or their management was unstable due to economic volatility, changes in industrial structure, etc. <Amended by Act No. 13047, Jan. 20, 2015>
[This Article Wholly Amended by Act No. 8816, Dec. 27, 2007]
 Article 2 (Definitions)
The terms used in this Act shall be 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 by using workers;
3. The term "wages, etc." means wages, retirement allowances and business suspension allowances under Articles 2, 34 and 46 of the Labor Standards Act;
[This Article Wholly Amended by Act No. 8816, Dec. 27, 2007]
 Article 3 (Scope of Application)
This Act shall apply to businesses or work places under Article 6 of the Industrial Accident Compensation Insurance Act (hereinafter referred to as "business"): Provided, That this shall not apply to any business which is carried out directly by the State or local governments.
[This Article Wholly Amended by Act No. 8816, Dec. 27, 2007]
 Article 3-2
[Previous Article 3-2 Moved to Article 4]
 Article 4 (Application Mutatis Mutandis)
Articles 3, 5 (4) and (5), 6 (2) through (4) and 8 of the Act on the Collection of Insurance Premiums, etc. for Employment Insurance and Industrial Accident Compensation Insurance (hereinafter referred to as the "Insurance Premium Collection Act") shall apply mutatis mutandis to the guarantee of wage claims.
[This Article Wholly Amended by Act No. 8816, Dec. 27, 2007]
 Article 5 (Defrayment out of National Treasury)
The State shall, within the budgetary limits for each fiscal year, defray part of the costs of conducting administrative affairs to guarantee wage claims under this Act out of the general accounts.
[This Article Wholly Amended by Act No. 8816, Dec. 27, 2007]
 Article 6 (Wage Claim Guarantee Fund Deliberation Committee)
(1) In order to deliberate on important matters relating to the management and operation of the Wage Claim Guarantee Fund under Article 17, a Wage Claim Guarantee Fund Deliberation Committee (hereinafter referred to as the "Committee" ) shall be established under the authority of the Ministry of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010>
(2) The Committee shall be comprised of representatives respectively from the groups of workers, employers, and public interest, and the number of representatives for such respective group shall be the same.
(3) Matters necessary for the organization and operation of the Committee shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 8816, Dec. 27, 2007]
CHAPTER II GUARANTEE OF PAYMENT OF WAGE CLAIMS
 Article 7 (Payment of Overdue Wages, etc.)
(1) Notwithstanding Article 469 of the Civil Act regarding repayment by a third person, if an employer falls under any of the following subparagraphs and any of his/her retired workers claims overdue wages, etc., the Minister of Employment and Labor shall pay such overdue wages, etc. to the workers on behalf of the employer: <Amended by Act No. 10339, Jun. 4, 2010; Act No. 12528, Mar. 24, 2014; Act No. 13047, Jan. 20, 2015>
1. Where a ruling to commence rehabilitation proceedings is issued against the employer under the Debtor Rehabilitation and Bankruptcy Act;
2. Where a ruling declaring bankruptcy is issued against the employer under the Debtor Rehabilitation and Bankruptcy Act;
3. Where the Minister of Employment and Labor acknowledges that the employer is unable to pay overdue wages, etc., according to the requirements and procedures prescribed under Presidential Decree;
4. Where any of the following judgments, orders, conciliations, rulings, etc. described below is rendered to the employer to the effect that the employer shall pay overdue wages, etc. to the worker:
(a) A judgment which has become final and conclusive under Article 24 of the Civil Execution Act;
(b) Payment order which has become final and conclusive under subparagraph 3 of Article 56 of the Civil Execution Act;
(c) Settlement in court, recognition and acceptance of claims, and other processes having the same effect as a final and conclusive judgment under subparagraph 5 of Article 56 of the Civil Execution Act;
(e) Ruling in lieu of conciliation which has become final and conclusive under Article 30 of the Judicial Conciliation of Civil Disputes Act;
(f) Ruling on performance recommendation which has become final and conclusive referred to in Article 5-7 (1) of the Trial of Small Claims Act.
(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 "substitute payment") shall be as follows: Provided, That the upper limit of the amount of substitute payment under paragraph (1) 1 through 3 and the upper limit of the amount of substitute payment under subparagraph 4 of the same paragraph may be separately determined based on a worker's age, etc. at the time of his/her retirement as prescribed by Presidential Decree, and a substitute payment needs not be made if the amount is insubstantial: <Amended by Act No. 10339, Jun. 4, 2010; Act No. 10967, Jul. 25, 2011; Act No. 13047, Jan. 20, 2015>
1. Wages under Article 38 (2) 1 of the Labor Standards Act and retirement benefits, etc. for the final three years of service under Article 12 (2) of the Guarantee of Workers' Retirement Benefits Act;
2. Business suspension allowances under Article 46 of the Labor Standards Act (limited to those for the final three months).
(3) Where a substitute payment under paragraph (1) 1 through 3 is made to a worker with respect to the same working period or the same period of suspension of business, a substitute payment under subparagraph 4 of the same paragraph shall not be made, and if a substitute payment under paragraph (1) 4 is made, a substitute payment under subparagraphs 1 through 3 of the same paragraph shall be made by deducting the relevant amount. <Newly Inserted by Act No. 13047, Jan. 20, 2015>
(4) The eligibility criteria that workers and employers need to meet to be entitled to a substitute payment shall be prescribed by Presidential Decree.
(5) Where a worker who meets the standards determined by Ordinance of the Ministry of Employment and Labor, including size of a place of business, claims a substitute payment pursuant to paragraph (1), he/she may obtain assistance from a certified labor consultant designated by Ordinance of the Ministry of Employment and Labor in preparing a written claim for a substitute payment, verifying details, etc. <Newly Inserted by Act No. 10320, May 25, 2010; Act No. 10339, Jun. 4, 2010>
(6) Where a worker is assisted by a certified labor consultant pursuant to paragraph (4), the Minister of Employment and Labor may subsidize all or part of expenses incurred therein, and necessary matters relating to the amount of subsidies, detailed method of payment, etc. shall be determined by Ordinance of the Ministry of Employment and Labor. <Newly Inserted by Act No. 10320, May 25, 2010; Act No. 10339, Jun. 4, 2010>
(7) Other matters necessary for requests for and payment, etc. of a substitute payment shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 8816, Dec. 27, 2007]
 Article 7-2 (Loans for Employers in Arrears of Wages, etc.)
(1) If an employer is in arrears of wages, etc. for any worker due to his/her temporary financial difficulties or other grounds prescribed by Ordinance of the Ministry of Employment and Labor, the Minister of Employment and Labor may, upon the employer’s application, provide him/her with loans necessary to pay the overdue wages, etc. <Amended by Act No. 13047, Jan. 20, 2015>
(2) Any loan under paragraph (1) shall be disbursed by the Minister of Employment and Labor directly to the relevant worker.
(3) Detailed standards, amounts, periods, and procedures regarding loans necessary for overdue wages, etc. and other relevant matters shall be prescribed by Ordinance of the Ministry of Employment and Labor.
[This Article Newly Inserted by Act No. 11277, Feb. 1, 2012]
 Article 8 (Subrogation of Right to Claim Overdue Wages, etc.)
(1) When the Minister of Employment and Labor has made a substitute payment to a worker pursuant to Article 7, he/she shall subrogate the worker's right to claim overdue wages, etc. against his/her employer to the extent of the amount of the substitute payment. <Amended by Act No. 10339, Jun. 4, 2010>
(2) Preferential rights to repayment of wage claims under Article 38 (2) of the Labor Standards Act and preferential rights to repayment of retirement benefits, etc. under Article 12 (2) of the Guarantee of Workers' Retirement Benefits Act shall remain in existence with regard to the rights subrogated under paragraph (1). <Amended by Act No. 10967, Jul. 25, 2011>
[This Article Wholly Amended by Act No. 8816, Dec. 27, 2007]
 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 substitute payment of overdue wages, etc. under Article 7. <Amended by Act No. 10339, Jun. 4, 2010>
(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 concerned by the rate of charges determined by the Minister of Employment and Labor within the extent not exceeding 2/1000 of such total wages following deliberation by the Committee. <Amended by Act No. 9991, Jan. 27, 2010; Act No. 10339, Jun. 4, 2010>
(3) If it is impracticable to determine the total remuneration, they shall be determined based on the ratio of labor 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 regarding blanket application for contract business shall apply mutatis mutandis to the collection of charges under paragraph (1). In such cases, the "Corporation" in the proviso to Article 9 (1) of the same Act shall be construed as the "Minister of Employment and Labor". <Amended by Act No. 10339, Jun. 4, 2010>
[This Article Wholly Amended by Act No. 8816, Dec. 27, 2007]
 Article 10 (Reduction of Charges)
The Minister of Employment and Labor may reduce charges under Article 9 for any of the following employers. In such cases, the criteria for the reduction shall be determined by the Minister of Employment and Labor through deliberation by the Committee: <Amended by Act No. 10339, Jun. 4, 2010; Act No. 10967, Jul. 25, 2011>
1. Deleted; <by Act No. 12528, Mar. 24, 2014>
2. Employers who have settled and paid retirement allowances in advance pursuant to the Labor Standards Act or the Guarantee of Workers' Retirement Benefits Act;
3. Employers who have purchased retirement insurance, etc. pursuant to Article 2 (1) of the Addenda to the Guarantee of Workers' Retirement Benefits Act (Act No. 7379) and employers who have established a defined benefit plan under Chapter III of the Guarantee of Workers' Retirement Benefits Act, a defined contribution plan under Chapter IV of the same Act, or an individual retirement account under Article 25 of the same Act;
4. Employers who have purchased and subscribed for insurance and trust for departure guaranty pursuant to Article 13 of the Act on the Employment, etc. of Foreign Workers.
[This Article Wholly Amended by Act No. 8816, Dec. 27, 2007]
 Article 11 (Protection of Right to Receive Substitute Payment)
(1) No entitlement to a substitute payment shall be transferred, seized, nor provided as collateral. <Amended by Act No. 13047, Jan. 20, 2015>
(2) The receipt of a substitute payment may be delegated as prescribed by Presidential Decree.
(3) Any worker who is a minor may independently claim a substitute payment.
[This Article Wholly Amended by Act No. 8816, Dec. 27, 2007]
 Article 12 (Verification of Overdue Wages, etc.)
(1) If necessary to institute a lawsuit according to procedures, etc. of legal aid in Article 22 of the Legal Aid Act, any worker who is not paid wages, etc. may file for issuance of a document certifying overdue wages, etc. and employers, etc. in arrears with the Minister of Employment and Labor.
(2) The Minister of Employment and Labor in receipt of a request under paragraph (1) may issue a document certifying overdue wages, etc. and employers, etc. in arrears verified in the course of handling administrative affairs for labor supervision to the worker in paragraph (1) or to the Korea Legal Aid Corporation established under Article 8 of the Legal Aid Act.
(3) Necessary matters relating to the procedures, methods, etc. of issuance of documents under paragraph (2) shall be prescribed by Ordinance of the Ministry of Employment and Labor.
[This Article Wholly Amended by Act No. 13047, Jan. 20, 2015]
 Article 13 (Order to Submit Property List)
(1) If the Minister of Employment and Labor intends to make a substitute 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 Presidential Decree. <Amended by Act No. 10339, Jun. 4, 2010>
(2) Each employer who is ordered to submit a property list pursuant to paragraph (1) shall submit to the Minister of Employment and Labor the property list indicating detailed property relationship within seven days therefrom, in the absence of special circumstances. <Amended by Act No. 10339, Jun. 4, 2010>
[This Article Wholly Amended by Act No. 8816, Dec. 27, 2007]
 Article 13-2
[Previous Article 13-2 Moved to Article 15]
 Article 14 (Restitution of Unjust Enrichment)
(1) Where a person attempts to receive a substitute payment or loan under Article 7 or 7-2 (1) by fraudulent or other improper means, the Minister of Employment and Labor may opt not to provide all or some of the substitute payment or loan as prescribed by Presidential Decree. <Amended by Act No. 10339, Jun. 4, 2010; Act No. 11277, Feb. 1, 2012; Act No. 12528, Mar. 24, 2014>
(2) Where a person in receipt of a substitute payment or loan under Article 7 or 7-2 (1) falls under any of the following subparagraphs, the Minister of Employment and Labor shall clawback all or some of the substitute payment or loan according to the methods prescribed by Presidential Decree: <Newly Inserted by Act No. 12528, Mar. 24, 2014>
1. Where the person receives the substitute payment or loan by fraudulent or other improper means;
2. Where the substitute payment or loan is paid erroneously.
(3) Where a clawback of a substitute payment arises under paragraph (2), an amount not exceeding the amount of such substitute payment received by fraudulent or other improper means may be additionally collected as prescribed by Ordinance of the Ministry of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010; Act No. 12528, Mar. 24, 2014>
(4) In cases falling under paragraphs (2) and (3), if a substitute payment or loan is provided by fraudulent means, such as making a false report, making a false statement or false certification, or submitting false documents, the employer and the recipient of the substitute payment or loan shall be jointly and severally liable therefor. <Amended by Act No. 11277, Feb. 1, 2012; Act No. 12528, Mar. 24, 2014; Act No. 13047, Jan. 20, 2015>
[This Article Wholly Amended by Act No. 8816, Dec. 27, 2007]
 Article 15 (Payment of Reward Money)
Any person who files a report or an accusation related to receipt of a substitute payment through fraudulent or other improper means with a local employment and labor office or an investigation agency may be paid a reward in accordance with the standards prescribed by Presidential Decree. <Amended by Act No. 10339, Jun. 4, 2010>
[This Article Wholly Amended by Act No. 8816, Dec. 27, 2007]
 Article 16 (Application Mutatis Mutandis)
With regard to the payment and collection of charges and other levies under this Act (including requests for the return of a substitute payment), Articles 16-2 through 16-11, 17 through 19, 19-2 and 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. In such cases, "the insured" shall be construed as an "employer", "premium" as "charge", "insurance" as "wage claim guarantee", "insurance business" as "wage claim guarantee business", "Corporation" or "National Health Insurance Corporation" as the "Minister of Employment and Labor" (referring to the Korea Workers' Compensation & Welfare Service or the National Health Insurance Corporation where the authority is delegated as provided in Article 27 of this Act), "estimated premium" as "estimated charge", "insurance year" as "fiscal year", "insurance relations" as "wage claim guarantee relations", "premium rate" as "charge rate", "fixed premiums" as "fixed charges", and "Employment Policy Council under Article 6 of the Framework Act on Employment Policy or Industrial Accident Compensation Insurance and Prevention Deliberation Committee under Article 8 of the Industrial Accident Compensation Insurance Act" as "Committee". <Amended by Act No. 9792, Oct. 9, 2009; Act No. 9794, Oct. 9, 2009; Act No. 9991, Jan. 27, 2010; Act No. 10339, Jun. 4, 2010>
[This Article Wholly Amended by Act No. 8816, Dec. 27, 2007]
 Article 16-2
[Previous Article 16-2 Moved to Article 19]
CHAPTER III WAGE CLAIM GUARANTEE FUND
 Article 17 (Establishment of Fund)
In order to finance a substitute payment under Article 7, the Minister of Employment and Labor shall establish the Wage Claim Guarantee Fund (hereinafter referred to as the "Fund"). <Amended by Act No. 10339, Jun. 4, 2010>
[This Article Wholly Amended by Act No. 8816, Dec. 27, 2007]
 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. Borrowings 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 at the cost of the Fund. <Amended by Act No. 10339, Jun. 4, 2010>
[This Article Wholly Amended by Act No. 8816, Dec. 27, 2007]
 Article 19 (Purposes of Fund)
The Fund shall be used for the following purposes: <Amended by Act No. 13047, Jan. 20, 2015>
1. To make substitute payments and return amounts erroneously paid or others;
2. To subsidize expenses incurred in relation to assistance from a certified labor consultant under Article 7 (6);
3. To provide employers with loans necessary to pay overdue wages, etc. under Article 7-2;
4. To make contributions to persons entrusted with affairs under Article 27;
5. To repay borrowings and interest accrued thereon;
6. To conduct research on wage claim guarantee systems, such as the prevention of arrears of wages, etc. and support for their settlement;
7. To make contributions to the Korea 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, etc.;
8. To carry out projects for wage claim guarantee, and manage and operate the Fund.
[This Article Wholly Amended by Act No. 11277, Feb. 1, 2012]
 Article 19-2
[Previous Article 19-2 Moved to Article 23]
 Article 20 (Management and Operation of Fund)
(1) The Fund shall be managed and operated by the Minister of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010>
(2) With regard to the management and operation of the Fund, paragraphs (2) through (4) of Article 97, Articles 98 through 100 and 102 of the Industrial Accident Compensation Insurance Act shall apply mutatis mutandis. In such cases, "insurance benefits" in the same Act shall be read as "substitute payment", and "premium income" as "income from charges".
[This Article Wholly Amended by Act No. 8816, Dec. 27, 2007]
 Article 21 (Fiscal Year)
The fiscal year of the Fund shall conform to that of the Government.
[This Article Wholly Amended by Act No. 8816, Dec. 27, 2007]
CHAPTER IV SUPPLEMENTARY PROVISIONS
 Article 22 (Report, etc.)
The Minister of Employment and Labor may request the relevant parties, including employers of the businesses governed by this Act or workers engaged in the businesses concerned, to make a report or submit related documents necessary for the following subparagraphs, as prescribed by Presidential Decree: <Amended by Act No. 10339, Jun. 4, 2010>
1. Managing and operating the Fund;
2. Making a substitute payment.
[This Article Wholly Amended by Act No. 8816, Dec. 27, 2007]
 Article 23 (Request for Cooperation to Related Agencies, etc.)
(1) In order to conduct duties provided for in this Act, such as the payment of overdue wages, etc. prescribed in Article 7, provision of loans to employers in arrears of wages, etc. prescribed in Article 7-2, subrogation of right to claim overdue wages, etc. prescribed in Article 8, restitution of unjust enrichment referred to in Article 14, and so forth, the Minister of Employment and Labor may request any of the following persons to submit the materials specified in the relevant subparagraph or to use the relevant computer network (hereinafter referred to as “provision of materials, etc.”). In such cases, any person in receipt of a request for provision of materials, etc. shall comply with such request, unless there is good cause: <Amended by Act No. 10339, Jun. 4, 2010; Act No. 13909, Jan. 27, 2016; Act No. 14839, Jul. 26, 2017>
1. Request to the Minister of National Court Administration for the provision of a certificate of registration of buildings or a certificate of registration of land owned by an employer in arrears, or a person who has made unjust enrichment, and a person who has joint and several liability therefor (hereinafter referred to as “employer in arrears, etc.”);
2. Request to the Minister of the Interior and Safety for the provision of certified copies of, or extracts from, the resident registration certificate of an employer in arrears, etc.;
3. Request to the Minister of Land, Infrastructure and Transport for the provision of materials (including original registers) related to the property held in the name of an employer in arrears, etc., including real estate, automobiles, construction machinery, ships, aircraft, and yachts;
4. Request to the Commissioner of the National Tax Service for the provision of materials related to golf (condominium) memberships, intangible property right (patent right, copyright, etc.), books, antiques, and right of business (or goodwill??) held in the name of an employer in arrears, etc.;
5. Request to the heads of local governments for the provision of a certificate of local taxation, general (collective) building register, or land (forest land) cadastre issued in relation to the property owned by an employer in arrears, etc.;
6. Request to the President?of the Korea Legal Aid Corporation established under Article 8 of the Legal Aid Act for the provision of documents related to civil proceedings (including complaints, applications, judgments, and decisions) between a worker and an employer in arrears, etc., such as lawsuits related to overdue wages, etc., preservation dispositions, compulsory execution, and so forth;
7. Request to?the President of the National Health Insurance Service referred to in Article 13 of the National Health Insurance Act for the provision of data on payment of insurance premiums (including data on default in payment of insurance premiums) by an employer in arrears, etc. for the National Health Insurance, National Pension, Industrial Accident Compensation Insurance, and Employment Insurance;
8. Request to retirement pension trustees prescribed in Article 26 of the Act on the Guarantee of Workers' Retirement Benefits for the provision of materials concerning retirement pensions, including whether a worker claiming a substitute payment has joined a retirement pension plan, his/her contribution period, the amount of reserve or contributions, and the amount of payment (limited to a period subject to a substitute payment);
9. Request to insurance companies prescribed in the Insurance Business Act for the provision of materials concerning the purchase of or subscription for an insurance or trust for departure guaranty or a guaranty insurance by a foreign worker claiming a substitute payment and his/her payment records (limited to information covered by a period subject to a substitute payment).
(2) Any request for the provision of materials, etc. pursuant to paragraph (1) shall be made by a document specifying the following: <Amended by Act No. 13909, Jan. 27, 2016>
1. Personal information of an employer in arrears, a worker claiming a substitute payment, and a person who has made unjust enrichment (including a person who has joint and several liability therefor);
2. Purpose of use;
3. List of materials requested for provision.
(3) Fees, usage charges, etc. shall be exempted for materials provided pursuant to paragraph (1). <Newly Inserted by Act No. 13909, Jan. 27, 2016>
[This Article Wholly Amended by Act No. 8816, Dec. 27, 2007]
 Article 23-2 (Protection of Personal Information)
(1) Any request by the Minister of Employment and Labor for the provision of materials specified in any subparagraph of Article 23 (1) shall be made only to the minimum extent necessary to conduct the relevant duties.
(2) With respect to using materials specified in the subparagraphs of Article 23 (1), the Minister of Employment and Labor shall take measures to protect personal information of employers, workers, etc., such as security education.
(3) Where the Minister of Employment and Labor intends to request the provision of materials referred to in Article 23 (1) 8 or 9, he/she shall obtain the consent of a subject of information in advance.
(4) Where the Minister of Employment and Labor has achieved the purpose of the relevant duty, such as the payment of overdue wages, etc. or subrogation of the right to claim overdue wages, etc., using materials specified in any subparagraph of Article 23 (1), he/she shall destroy the relevant materials without delay.
(5) The personal information prescribed in the subparagraphs of Article 23 (1) shall be managed only by those who are approved to manage such personal information by the heads of institutions delegated with authority by the Ministry of Employment and Labor or the Minister of Employment and Labor, who are in charge of the duties provided for in the main sentence of the same paragraph at the relevant institutions.
(6) No person who engages or previously engaged in the duties related to wage claim guarantee shall divulge information on employers, workers, etc. which comes to his/her knowledge in the course of performing his/her duties to any third party or use such information for any purpose other than its originally intended purposes.
(7) The Minister of Employment and Labor shall determine detailed matters necessary for the development of personal information protection measures, such as security education, prescribed in paragraph (2), methods for acquiring prior consent of a subject of information prescribed in paragraph (3), timing and methods for destroying materials after achieving the purposes provided for in paragraph (4), procedures for approving the handling of personal information referred to in paragraph (5), and so forth.
[This Article Newly Inserted by Act No. 13909, Jan. 27, 2016]
 Article 24 (Inspection)
(1) If the Minister of Employment and Labor deems it necessary for the implementation of this Act, he/she may authorize related public officials to enter a workplace subject to this Act and inspect related documents or ask questions to related persons. <Amended by Act No. 10339, Jun. 4, 2010>
(2) Each public official who enters a workplace and conducts an inspection pursuant to paragraph (1) shall carry a certificate indicating his/her authority and produce it to related persons.
[This Article Wholly Amended by Act No. 8816, Dec. 27, 2007]
 Article 25 (Reporting)
If any employer violates this Act or an order issued under this Act, any of its workers may report such violation to a labor inspector and request him/her to take measures to correct such violation.
[This Article Wholly Amended by Act No. 8816, Dec. 27, 2007]
 Article 26 (Extinctive Prescription)
(1) The right to collect charges and other levies under this Act or the right to seek a refund of a substitute payment or charges shall be extinguished by prescription if it is not exercised within three years.
(2) The extinctive prescription under paragraph (1) shall be subject to the Civil Act, except otherwise provided in this Act.
(3) Articles 42 and 43 of the Insurance Premium Collection Act shall apply mutatis mutandis to suspension, etc. of extinctive prescription.
[This Article Wholly Amended by Act No. 8816, Dec. 27, 2007]
 Article 27 (Delegation and Entrustment of Authority)
Part of the authority held by the Minister of Employment and Labor under this Act may be delegated to the head of a local employment and labor office 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 Presidential Decree. <Amended by Act No. 9991, Jan. 27, 2010; Act No. 10339, Jun. 4, 2010>
[This Article Wholly Amended by Act No. 8816, Dec. 27, 2007]
CHAPTER V PENALTY PROVISIONS
 Article 27-2 (Penalty Provisions)
Any person who violates Article 23-2 (6) shall be punished by imprisonment with labor for not more than ten years or by a fine not exceeding 100 million won.
[This Article Newly Inserted by Act No. 13909, Jan. 27, 2016]
 Article 28 (Penalty Provisions)
(1) Any of the following persons shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won: <Amended by Act No. 11277, Feb. 1, 2012; Act No. 12528, Mar. 24, 2014>
1. A person in receipt of a substitute payment under Article 7 or a loan under Article 7-2 by fraudulent or other improper means;
2. A person who causes another person to receive a substitute payment under Article 7 or a loan under Article 7-2 by fraudulent or other improper means;
3. A person who refuses to submit a property list under Article 13 without good cause or submits a false property list.
(2) Any of the following persons shall be punished by imprisonment with labor for not more than two years or by a fine not exceeding 20 million won: <Newly Inserted by Act No. 12528, Mar. 24, 2014>
1. A person who submits a false report, certification, or document to unduly receive a substitute payment under Article 7 or a loan under Article 7-2;
2. A person who submits a false report, certification, or document to unduly causes another person to receive a substitute payment under Article 7 or a loan under Article 7-2.
[This Article Wholly Amended by Act No. 8816, Dec. 27, 2007]
 Article 29 (Joint Penalty Provisions)
If the representative of a corporation, or an agent or employee of, or other persons employed by, a corporation or an individual commits any violation described in Article 28 in connection with the business affairs of the corporation or individual, not only shall such violator be punished accordingly, but the corporation or individual shall also be punished by a fine prescribed in the relevant Article: Provided, That this shall not apply where such corporation or individual has not been negligent in giving due attention and supervision concerning the relevant business affairs to prevent such violation.
[This Article Wholly Amended by Act No. 9339, Jan. 7, 2009]
 Article 30 (Administrative Fines)
(1) Any of the following persons shall be subject to administrative fines not exceeding five million won:
1. Deleted; <by Act No. 13047, Jan. 20, 2015>
2. A person who fails to comply with a request to report or submit related documents made under Article 22 without any justifiable ground, or who makes a false report or submits false documents;
3. A person who refuses to answer questions made by a related public official under Article 24 (1), or refuses, interferes with or evades an inspection conducted by him/her without any justifiable ground.
(2) Administrative fines under paragraph (1) 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>
(3) through (5) Deleted. <by Act No. 11277, Feb. 1, 2012>
[This Article Wholly Amended by Act No. 8816, Dec. 27, 2007]
ADDENDA
(1) (Enforcement Date) This Act shall enter into force on July 1, 1998.
(2) (Applicability) The provisions of Article 6 (1) regarding the payment of overdue wages and retirement allowances shall be applicable to cases where grounds for the payment, such as bankruptcy, occurs on or after this Act enters into force.
(3) Omitted.
ADDENDA <Act No. 6100, Dec. 31, 1999>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2000. (Proviso Omitted.)
Articles 2 through 12 Omitted.
ADDENDA <Act No. 6334, Dec. 30, 2000>
(1) (Enforcement Date) This Act shall enter into force on January 1, 2001: Provided, That the amended provisions of Article 13 (1) shall enter into force on July 1, 2001.
(2) (Applicability for Scope of Substitute Payment) The amended provisions of Article 6 (1) and (2) shall be applicable to a substitute payment, a cause for the payment of which occurs on or after this Act enters into force.
(3) (Transitional Measures for Ceiling on Business Suspension Allowances) The monthly amount of business suspension allowances to be paid in accordance with the amended provisions of Article 6 (2) shall not exceed the following amount until June 30, 2001 with reference to a worker's age at the time of his/her retirement:
1. A person of less than 30 years of age: 560,000 won;
2. A person of not less than 30 but less than 45 years of age; 700,000 won;
3. A person of not less than 45 years of age: 840,000 won.
ADDENDA <Act No. 7047, Dec. 31, 2003>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2005.
Articles 2 through 11 Omitted.
ADDENDA <Act No. 7379, Jan. 27, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force on December 1, 2005. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 7466, Mar. 31, 2005>
(1) (Enforcement Date) This Act shall enter into force on July 1, 2005: Provided, That the amended provisions of subparagraph 1-2 of Article 9 regarding the Guarantee of Workers' Retirement Benefits Act shall take effect on date this Act enters into force.
(2) (Applicability for Additional Charges) The amended provisions of Article 13 (2) shall be applicable to a substitute payment made on or after this Act enters into force.
(3) (Transitional Measures for Fines for Negligence) The former provisions shall apply with regard to the application of penal provisions to any violation committed on or before this Act enters into force.
ADDENDA <Act No. 8093. Dec. 26, 2006>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Article 2 (Effective Term of Exemption from Charges, Additional Dues and Arrears)
The amended provisions of Article 14 regarding Article 22-3 of the Insurance Premium Collection Act shall remain in full force and effect until December 31, 2009.
Article 3 (Applicability for Due Date of Special Charges for Businesses subject to Special Collection)
The amended provisions of Article 14 regarding Article 21 (4) of the Insurance Premium Collection Act shall be applicable to the quarter which comes first on or after this Act enters into force.
Article 4 (Applicability for Reduction of Charges)
The amended provisions of Article 14 regarding Article 24 of the Insurance Premium Collection Act shall be applicable to employers who submit a report on the revision of confirmed charges on or after this Act enters into force.
Article 5 (Applicability for Exemption from Charges, Additional Dues and Arrears)
The amended provisions of Article 14 regarding Article 22-3 of the Insurance Premium Collection Act shall be applicable to employers who purchase an industrial accident compensation insurance on or after this Act enters into force.
Article 6 (Applicability for Collection before Due Date)
The amended provisions of Article 14 regarding Article 27-2 of the Insurance Premium Collection Act shall be applicable to employers to whom any of the events set forth in the subparagraphs of Article 27-2 (1) of the said Act occurs on or after this Act enters into force.
Article 7 (Applicability for Payment in Installments of Charges and other Levies under this Act)
The amended provisions of Article 14 regarding Article 27-3 of the Insurance Premium Collection Act shall be applicable to employers who purchase an industrial accident compensation insurance on or after this Act enters into force.
ADDENDA <Act No. 8135, Dec. 30, 2006>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2007.
Articles 2 through 9 Omitted.
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. 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.
ADDENDA <Act No. 8816, Dec. 27, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 Omitted.
Article 3 (Relationship with other Acts and Subordinate Statutes)
Where the previous Wage Claim Guarantee Act or its provisions are cited in other Acts or subordinate statutes as at the time this Act enters into force, this Act or the corresponding provisions of this Act shall be deemed to be cited in lieu of the previous provisions if provisions corresponding thereto exist in this Act.
ADDENDUM <Act No. 9339, Jan. 7, 2009>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 9792, Oct. 9, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2010.
Articles 2 through 3 Omitted.
ADDENDA <Act No. 9794, Oct. 9, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force after six months from the date of its promulgation.
Article 2 Omitted.
ADDENDUM <Act No. 9991, Jan. 27, 2010>
This Act shall enter into force on January 1, 2011.
ADDENDUM <Act No. 10320, May 25, 2010>
This Act shall enter into force on January 1, 2011.
ADDENDA <Act No. 10339, Jun. 4, 2010>
Article 1 (Enforcement Date)
This Act shall enter into one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Act No. 10967, Jul. 25, 2011>
Article 1 (Enforcement Date)
This Act shall enter into one year after the date of its promulgation.
Articles 2 through 13 Omitted.
ADDENDUM <Act No. 11277, Feb. 1, 2012>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 12528, Mar. 24, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of subparagraph 1 of Article 10 shall enter into force on the date of its promulgation.
Article 2 (Applicability to Redemption of Excessive Profits)
The amended provisions of Article 14 (2) shall apply to substitute payments or loans made after this Act enters into force.
ADDENDA <Act No. 13047, Jan. 20, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2015.
Article 2 (Applicability to Payment of Overdue Wages, etc.)
The amended provisions of Article 7 (1) 4 shall apply to judgments, orders, conciliation, decisions, etc. rendered after this Act enters into force.
Article 3 (Applicability to Confirmation of Overdue Wages, etc.)
The amended provisions of Article 12 shall apply to requests for the issuance of documents certifying overdue wages, etc. and employers, etc. in arrears after this Act enters into force.
Article 4 (Applicability to Restitution of Unjust Enrichment)
The amended provisions of Article 14 (4) shall apply to substitute payments made after this Act enters into force.
Article 5 (Transitional Measures concerning Administrative Fines)
The application of administrative fines to acts committed before this Act enters into force shall be governed by the former provisions.
ADDENDUM <Act No. 13909, Jan. 27, 2016>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 14839, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That among the Acts amended pursuant to Article 5 of this Addenda, amended parts of the Acts which were promulgated before this Act enters into force but the enforcement dates of which have not arrived, shall enter into force on the enforcement date of the relevant Act, respectively.
Articles 2 through 6 Omitted.