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ENFORCEMENT DECREE OF THE ACT ON THE PROTECTION, ETC. OF FIXED-TERM AND PART-TIME EMPLOYEES

Presidential Decree No. 20093, jun. 18, 2007

Amended by Presidential Decree No. 21835, Nov. 20, 2009

Presidential Decree No. 21928, Dec. 30, 2009

Presidential Decree No. 22018, Feb. 4, 2010

Presidential Decree No. 22269, Jul. 12, 2010

Presidential Decree No. 22797, Mar. 30, 2011

Presidential Decree No. 23488, Jan. 6, 2012

Presidential Decree No. 23852, jun. 12, 2012

Presidential Decree No. 24852, Nov. 20, 2013

Presidential Decree No. 25614, Sep. 18, 2014

 Article 1 (Purpose)
The purpose of this Decree is to prescribe matters delegated by the Act on the Protection, etc. of Fixed-Term and Part-Time Workers and matters necessary for enforcing said Act.
 Article 2 (Scope of Application)
The provisions of the Act that apply to a business or workplace regularly employing not more than four employees under Article 3 (2) of the Act on the Protection, etc. of Fixed-Term and Part-Time Workers (hereinafter referred to as the "Act") shall be as prescribed in attached Table 1.
 Article 3 (Exception of Restriction on Period of Employment for Fixed-Term Employees)
(1) "Where the job requires professional knowledge and skills, as prescribed by Presidential Decree" under Article 4 (1) 5 of the Act shall be any of the following:
1. Where an employee has a doctorate (including a doctorate conferred in a foreign country) and engages in the relevant field;
2. Where an employee has a national technical qualification of the grade for professional engineer under Article 9 (1) 1 of the National Technical Qualifications Act and engages in the relevant field;
3. Where an employee has a professional qualification specified in attached Table 2 and engages in the relevant field.
(2) "Where the job is offered as part of the Government's welfare or unemployment measures, as prescribed by Presidential Decree" under Article 4 (1) 5 of the Act shall be any of the following: <Amended by Presidential Decree No. 21928, Dec. 30, 2009>
1. Where the job is offered to develop the vocational capacities of the national, to promote their employment, and to provide services socially necessary under other statutes such as the Framework Act on Employment Policy and the Employment Insurance Act;
2. Where the job is offered to increase the employment of discharged soldiers and stabilize their livelihood under Article 3 of the Support for Discharged Soldiers Act;
3. Where human resources for welfare support are operated, such as assistants for welfare improvement and livelihood stabilization for persons entitled to veterans benefits under Article 19 (2) of the Framework Act on Veterans Affairs.
(3) "Where prescribed by Presidential Decree" under Article 4 (1) 6 of the Act shall be any of the following: <Amended by Presidential Decree No. 22018, Feb. 4, 2010; Presidential Decree No. 22269, Jul. 12, 2010>
1. Where other statutes determine the employment term of fixed-term employees differently from Article 4 (1) of the Act, or allow to conclude an employment contract by fixing a separate term;
2. Where an employee who has specialized military knowledge and skills acknowledged by the Minister of National Defense engages in the relevant job or lectures subjects relating to security and military science at a university or a college under subparagraph 1 of Article 2 of the Higher Education Act;
3. Where an employee with special career experience engages in affairs related to national security, national defense, diplomacy or reunification;
4. Where an employee engages in any of the following at a school specified in Article 2 of the Higher Education Act (including a graduate school university or college under Article 30 of the same Act):
(a) Affairs of an assistant instructor under Article 14 of the Higher Education Act;
(b) Affairs of a school teacher holding concurrent posts, honorary professor, part-time instructor, and visiting teacher, etc. under Article 7 of the Enforcement Decree of the Higher Education Act;
5. Where the wage and salary income under Article 20 (1) of the Income Tax Act (referring to annual average wage and salary income for the recent two years) of an employee who engages in a job of main classification 1 and main classification 2 pursuant to the Korean Standards Classification notified under Article 22 of the Statistics Act falls under 25/100 of the superior position of the wage and salary income of an employee who engages in main classification 2 pursuant to the Korean Standard Classification of the survey on the status of work by employment type that is recently surveyed by the Minister of Employment and Labor;
6. Where a part-time employee whose contracted weekly working hours are clearly short under Article 18 (3) of the Labor Standards Act;
7. Where an employee engages in the affairs of a player under subparagraph 4 of Article 2 and a certified sports leader under subparagraph 6 of the same Article of the National Sports Promotion Act;
8. Where an employee engages directly in research affairs in any of the following research institutes or engages in the affairs directly involving and supporting the research affairs such as performance of experiments and investigations, etc.:
(a) National research institutes;
(c) Specific research institutes under the Specific Research Institutes Support Act;
(d) Research institutes established under the Act on the Establishment and Operation Local Government-Invested Research Institutes;
(e) Affiliated institutions of public institutions under the Act on the Management of Public Institutions;
(f) Affiliated institutions of enterprises or universities;
(g) Research institutes which are corporations established under the Civil Act or other statutes.
 Article 4 (Number and Qualification of Expert Members)
(1) Pursuant to Article 10 (5) of the Act, the number of expert members whom any Labor Relations Commission under Article 2 (1) of the Labor Relations Commission Act (hereinafter referred to as "Labor Relations Commission") has shall be within ten members.
(2) An expert member under paragraph (1) shall be appointed by the chairperson of the National Labor Relations Commission under Article 2 (1) of the Labor Relations Commission Act (hereinafter referred to as "National Labor Relations Commission") from those among persons having doctorates in the field of study related to labor issues such as laws, business administration and economics; or persons having a relevant certificate as an attorney, certified public accountant or certified labor consultant.
(3) Matters concerning the salary of an expert member under paragraph (1) shall be separately determined by the National Labor Relations Commission in application mutatis mutandis of the standard table of annual salary grade for fixed-term public officials in general service under attached Table 34 of the Public Officials Remuneration Regulations. <Amended by Presidential Decree No. 24852, Nov. 20, 2013>
 Article 5 (Delegation of Authority)
The authority of the Minister of Employment and Labor for the following shall be delegated to the head of a regional employment and labor office under Article 19 of the Act: <Amended by Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 23852, Jun. 12, 2012; Presidential Decree No. 25614, Sep. 18, 2014>
1. Requesting submission of a compliance report on a confirmed corrective order under Article 15 (1) of the Act (including where it applies mutatis mutandis under Articles 15-2 (4) and 15-3 (2) of the Act);
2. Receiving reporting for non-compliance with a confirmed corrective order under Article 15 (2) of the Act (including where it applies mutatis mutandis under Articles 15-2 (4) and 15-3 (2) of the Act);
2-2. Requesting rectification of discriminatory treatment under Articles 15-2 (1) and 15-3 (1) of the Act and notification and notice of discriminatory treatment under Article 15-2 (2) (including where it applies mutatis mutandis under Article 15-3 (2) of the Act);
3. Imposing and collecting administrative fines under Article 24 of the Act.
 Article 5-2 (Processing Personally Identifiable Information)
Any Labor Relations Commission may process materials containing resident identification numbers and alien registration numbers under subparagraphs 1 or 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act, if essential for conducting the following:
1. Affairs concerning applications for rectification of discriminatory treatment against a fixed-term or part-time employee under Article 9 (1) of the Act;
2. Affairs concerning mediating and arbitrating on application for rectification of discriminatory treatment against a fixed-term or part-time employee under Article 11 of the Act;
3. Affairs concerning retrial on a corrective order or decision of dismissal for discriminatory treatment against a fixed-term or part-time employee under Article 14 of the Act.
[This Article Newly Inserted by Presidential Decree No. 23488, Jan. 6, 2012]
 Article 6 (Criteria for Imposing Administrative Fines)
The criteria for imposing administrative fines under Article (1) and (2) of the Act shall be as prescribed in attached Table 3.
[This Article Wholly Amended by Presidential Decree No. 22797, Mar. 30, 2011]
ADDENDUM
This Decree shall enter into force on July 1, 2007: Provided, That the effective date of attached Table 3 (limited to subparagraphs 1 and 2) shall be as follows by business or workplace (referring to the business or workplace of an employer; hereinafter the same shall apply):
1. A business or workplace regularly employing less than 300 employees: July 1, 2007;
2. An agency of the State and a local government; an institution meeting the requirements for a government-affiliated institution pursuant Article 3 of the Framework Act on Management of Government-Affiliated Institutions or meeting the requirements of a government-invested institution pursuant to Article 2 of the Framework Act on the Management of Government-Invested Institutions, which was repealed under Article 2 of the Addenda to Act No. 8258, the Act on the Management of Public Institutions, among institutions designated as public corporations, quasi-governmental institutions or non-classified public institutions under Article 5 of the Act on the Management of Public Institutions; a local corporation and local government public corporation under Articles 49 of the Local Public Enterprises Act and Article 76 of the same Act; a government-funded research institute and research council under Article 2 of the Act on the Establishment, Operation and Fostering of Government-Funded Research Institutes, Etc. and Article 2 of the Act on the Establishment, Operation and Fostering of Government-Funded Science and Technology Research Institutes, Etc.; and a national university-affiliated hospital under the Act on the Establishment of National University-Affiliated Hospitals: July 1, 2007;
3. A business or workplace regularly employing more than 100 but less than 300 employees: July 1, 2008;
4. A business or workplace regularly employing less than 100 employees: July 1, 2009.
ADDENDA <Presidential Decree No. 21835, Nov. 20, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 22, 2009.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 21928, Dec. 30, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2010.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 22018, Feb. 4, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability)
The amended provisions of Article 3 (3) 4, 5 and 8 shall apply to conclusion and renewal of employment contracts or extension of existing employment contracts after this Decree enters into force.
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. 22797, Mar. 30, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2011.
Article 2 (Transitional Measures concerning Administrative Fines)
(1) When the criteria for imposing administrative fines for violations committed before this Decree enters into force apply thereto, notwithstanding the amended provisions of attached Table 3, the former provisions shall apply.
(2) No administrative fine imposed for a violation before this Decree enters into force shall be included in the calculation of the number of violations under the amended provisions of attached Table 3.
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. 23852, Jun. 12, 2012>
This Decree shall enter into force on August 2, 2012.
ADDENDA <Presidential Decree No. 24852, Nov. 20, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 12, 2013.
Articles 2 through 9 Omitted.
ADDENDUM <Presidential Decree No. 25614, Sep. 18, 2014>
This Decree shall enter into force on September 19, 2014.