CHAPTER Ⅰ GENERAL PROVISIONS
The purpose of this Act is to strive for the employment security of every worker, and to contribute to development of the national economy, by giving employees an opportunity to find employment in which they may develop and display their own ability, and by supporting the expansion of the work force required for industry.
| Article 2 (Equal Treatment) |
No person shall be treated discriminately in a job placement, vocational guidance, or decision on employment relation, for reasons of sex, religion, social status, marriage, etc.
| Article 3 (Tasks of Government) |
In order to attain the purpose as prescribed in Article 1, the Government shall carry out any of the following tasks: | 1. | Matters concerning a proper adjustment of demand and supply of work force; |
| 2. | Matters concerning domestic and overseas placement services for job offerers and seekers; |
| 3. | Matters concerning vocational guidance for job seekers; |
| 4. | Matters concerning collection, arrangement, or furnishing of information on employment; |
| 5. | Matters concerning assistance in vocational training or reemployment for job seekers; and |
| 6. | Matters concerning direction and control of the service of job placement, the service of furnishing of employment information, recruitment or supply of labor. |
For the purpose of this Act,
| 1. | the term “employment security office” means a local labor administrative agency carrying out the employment security services, such as job placement, vocational guidance, etc.; |
| 2. | the term “job placement” means to help, upon request, both job offerer and seeker to a conclusion of an employment contract; |
| 3. | the term “vocational guidance” means a vocational aptitude test, furnishing of employment information, vocational counselling, practical exercise, invitation, advice, or other guidance as to employment, which are rendered to facilitate a choice of job suitable to the ability and aptitude of a person who desires to find an employment; |
| 4. | the term “free placement service” means a job placement service rendered without receiving any fee, membership fee, or any money or valuables; |
| 5. | the term “fee-charging placement service” means a job placement service other than the free job placement service; |
| 6. | the term “recruitment” means that a person who desires to employ workers, invites a person who desires to find an employment, to be in his employment, or has another person invite so; and |
| 7. | the term “labor supply business” means to have another person use labor pursuant to a supply contract. |
CHAPTER Ⅱ JOB PLACEMENT, VOCATIONAL GUIDANCE, ETC. OF EMPLOYMENT SECURITY AGENCY
Section 1 Common Provisions
| Article 5 (Organ in charge of Services) |
Part of services set forth in Article 3 shall be carried out by the head of the employment security office.
| Article 6 (Securing of Specialty of Responsible Personnel) |
| (1) | The Government shall make efforts to secure a specialty of the responsible personnel, such as training, assignment, etc. of public officials having exclusive responsibility, so as to carry out technically the services to be performed by the head of the employment security office, such as job placement, vocational guidance, etc. |
| (2) | The Minister of Labor may nominate vocational guidance officers to take charge of the job placement, vocational guidance, etc., from among public officials under his jurisdiction. |
| (3) | Matters concerning the qualification, etc. for the vocational guidance officer as referred to in paragraph (2), shall be determined by the Minister of Labor. |
| Article 7 (Cooperation of Head of Si/Gun/Gu) |
The head of Si (limited to the Si where the Gu are not established) /Gun/Gu shall, upon request of the head of the employment security office, cooperate with respect to any of the following services:
| 1. | Identity certification of a job offerer or seeker, and reply to other inquiries about him; and |
| 2. | To relay and publicize information on the job offering and seeking. |
| Article 8 (Application for Help by Job Offerer) |
The head of the employment security office shall not refuse to accept an application for help filed by a job offerer, except in any of the following cases:
| 1. | Where the contents of such application are contrary to the provisions of Acts and subordinate statutes; |
| 2. | Where the wages, working hours and other working conditions specified in the contents of such application, are deemed remarkably improper compared with the normal working conditions; and |
| 3. | Where the job offerer refuses to specify the conditions under which he is to offer the job. |
| Article 9 (Application for Jobs) |
| (1) | The head of the employment security office shall not refuse to accept an application for jobs, except in cases where the contents of such application are contrary to the provisions of Acts and subordinate statutes. |
| (2) | In cases where a job seeker requests it, or it is deemed necessary and the job seeker has agreed thereto, the head of the employment security office may take a vocational counselling, or conduct a vocational aptitude test. |
| Article 10 (Specification, etc. of Working Conditions) |
Upon filing an application for workers with the head of the employment security office, the job offerer shall specify the contents of the work for which job seekers are to be employed, and the working conditions, and the head of the employment security office shall specify them to the job seekers.
| Article 11 (Principles of Job Placement) |
| (1) | The head of the employment security office shall make efforts to enable any job seeker to find employment suitable to his ability, and to enable any job offerer to find job seekers suitable for his job offering conditions. |
| (2) | The head of the employment security office shall make efforts to enable any job seekers to find employment in a commutable area as far as possible. |
| Article 12 (Job Placement through Wide Area) |
If it is impossible to have a job seeker find employment suitable to his desire and ability in a commutable area, or to fill up a job seeker or the number of job seekers whom the job offerer hopes to employ, the head of the employment security office may furnish the job placement services through a wide area.
| Article 13 (Intermediation for Training) |
If it is deemed necessary to have any job seeker receive any vocational training in order to promote his employment, the head of the employment security office may help the job seeker in receiving vocational training at any vocational training institution, etc. as prescribed by the Framework Act on Vocational Training.
Section 3 Vocational Guidance
| Article 14 (Implementation of Vocational Guidance) |
| (1) | The head of the employment security office shall implement vocational guidance for those who desire to find new employment, who are handicapped mentally or physically, and who require any special guidance as to employments. |
| (2) | Matters necessary for the method, procedure, etc. of the vocational guidance as referred to in paragraph (1), shall be determined by the Minister of Labor. |
| Article 15 (Cooperation of Head of Employment Security Office with Heads of Schools) |
The head of the employment security office shall, if necessary, cooperate in any free placement services furnished by the heads of schools as prescribed by the Education Act, and by the heads of public vocational training facilities as prescribed by the Framework Act on Vocational Training and he may, upon their request, give vocational guidance to students or vocational trainees.
Section 4 Furnishing of Employment Information
| Article 16 (Collection, Furnishing, etc. of Employment Information) |
| (1) | The head of the employment security office shall collect on occasion or periodically various employment information in the area, and rearrange such collected information, and furnish it positively to job offerers and seekers, and other persons who require such employment information. |
| (2) | If the head of the employment security office judges as a result of analyzing employment information collected, that there is a sudden change in the demand and supply of labor in the area, or any remarkable unbalance has taken place, he shall set up and drive forward an adequate measure. |
| Article 17 (Development of Job Offering and Seeking) |
The head of the employment security office shall make efforts to develop the job offering and seeking, for the purpose of expanding the opportunity for job seekers to find employment, and supporting an expansion of an insufficient work force for the industry.
CHAPTER Ⅲ SERVICES OF JOB PLACEMENT, FURNISHING OF EMPLOYMENT INFORMATION, RECRUITMENT OR SUPPLY OF LABOR CONDUCTED BY THOSE OTHER THAN HEAD OF EMPLOYMENT SECURITY AGENCY
Section 1 Services of Job Placement and Furnishing of Employment Information
| Article 18 (Free Placement Service) |
| (1) | Any person who desires to conduct a free placement service, shall obtain the permission of the Seoul Special Metropolitan City Mayor, Metropolitan City Mayors, or Do governors (hereinafter referred to as the “Mayor/Do governor”). This provisions shall also apply in cases where he changes any of permitted matters. |
| (2) | In the case as referred to in paragraph (1), if the person desires to conduct the free placement service through two or more provinces (including the Seoul Special Metropolitan City and Metropolitan Cities), he shall obtain the permission of the Mayor/Do governor having the jurisdiction over the seat of his principal office. <Amended by Act No. 5103, Dec. 29, 1995> |
| (3) | Notwithstanding the provisions of paragraph (1), the head of each school as prescribed by the Education Act, or the head of any public vocational training facilities as prescribed by the Framework Act on Vocational Training, may conduct, without permission, the free placement service for undergraduates, graduates, trainees, or persons who have completed the prescribed courses. |
| (4) | The validity term of the permission as referred to in paragraph (1) shall be three years. |
| (5) | Any person who desires to conduct the free placement service continuously after the validity term of the permission as referred to in paragraph (4) (in a case where it is renewed under this paragraph, the validity term of the renewed permission), shall obtain a renewed permission. |
| (6) | If the Mayor/Do governor desires to grant a permission under paragraph (1), he shall go through a deliberation of the Local Employment Council as prescribed in Article 6 of the Framework Act on Employment Policy (hereinafter referred to as the “Local Employment Council”). |
| (7) | The Mayor/Do governor may, upon granting the permission under paragraph (1), restrict the occupational categories subject to the placement, taking into consideration the ability of the applicant for permission to carry out his duties, his specialty, etc. |
| (8) | The requirements for the permission as referred to in paragraph (1), occupational categories to be permitted, and other matters necessary for the free placement services, shall be determined by the Presidential Decree. |
| Article 19 (Fee-Charging Placement Service) |
| (1) | The permission for a fee-charging placement service shall be granted by classifying it into domestic and overseas fee-charging placement services, on the basis of the place where a worker who is the object of placement, desires to find employment. In this case the person who desires to conduct a domestic fee-charging placement service, shall obtain the permission of the Mayor/Do governor, and the person who desires to conduct an overseas fee-charging placement service, the permission of the Minister of Labor. This provisions shall also apply in cases where he changes any of the permitted matters. |
| (2) | The validity term of the permission as referred to in paragraph (1) shall be three year. <Amended by Act No. 5103, Dec. 29, 1995> |
| (3) | Any person who desires to conduct the fee-charging placement service continuously after the validity term of permission as referred to in paragraph (2) (in a case where the permission is renewed under this paragraph, the validity term of such renewed permission), shall obtain a renewed permission. |
| (4) | If the Mayor/Do governor desires to grant a permission for a domestic fee-charging placement service under paragraph (1), he shall go through a deliberation of the Local Employment Council, and if the Minister of Labor desires to grant a permission for an overseas fee-charging placement service, he shall go through a deliberation of the Employment Policy Council as prescribed in Article 6 of the Framework Act on Employment Policy (hereinafter referred to as the “Employment Policy Council”). |
| (5) | In case where the Minister of Labor or Mayor/Do governor grants a permission under paragraph (1), he may restrict the occupational categories subject to the placement, taking into consideration the ability of the applicant for permission to carry out his duties, his specialty, etc. |
| (6) | No person who conducts the fee-charging placement service with a permission as referred to in paragraph (1), shall receive any money or similar valuables other than the fee as determined and notified publicly by the Minister of Labor. |
| (7) | In cases where the Minister of Labor desires to determine the fee as referred to in paragraph (6), he shall go through a deliberation of the Employment Policy Council. |
| (8) | The requirements for permission as referred to in paragraph (1), occupational categories to be permitted, and other matters necessary for the fee-charging placement services, shall be determined by the Presidential Decree. |
| (9) | Any person who conducts, and those who are engaged in, the fee-charging placement services with the permission as referred to in paragraph (1), shall observe such matters as determined by the Presidential Decree. |
| Article 20 (Restriction on Permission for Placement Service) |
If it is required in consideration of labor demand and supply situation by areas and occupational categories, the Minister of Labor may restrict the permission for the placement services as prescribed in Articles 18 and 19, through a deliberation of the Employment Policy Council.
| Article 21 (Prohibition of Lending of Title) |
No person who has obtained a permission for the fee-charging placement service under Article 19 (1), shall have another person conduct the placement service using his name or trade name, or shall lend the permission.
| Article 22 (Those engaged in Fee-Charging Placement Service, etc.) |
| (1) | Any person who renders the fee-charging placement service with a permission as prescribed in Article 19 (1), shall have one or more vocational counsellors who are qualified as prescribed by the Ministerial Decree of Labor and who do not fall under subparagraphs 1 through 4 of Article 38 by places of service. |
| (2) | No person of those engaged in the fee-charging placement service, who is not the vocational counsellor as referred to in paragraph (1), shall take charge of affairs concerning the job placement. |
| Article 23 (Report on Service furnishing Employment Information) |
| (1) | Any person who desires to carry on it as principal business to furnish employment information, such as information on job offering and seeking, by means of newspapers, magazines, other publications, or wire and wireless broadcasts, shall report it to the Minister of Labor. This provisions shall also apply in cases where he changes any of the registered matters. <Amended by Act No. 5103, Dec. 29, 1995> |
| (2) | Matters to be reported, procedure of report, and other matters necessary for the report under paragraph (1), shall be determined by the Presidential Decree. <Amended by Act No. 5103, Dec. 29, 1995> |
| Article 24 (Delivery of Publication on Employment Information) |
| (1) | When a person who made a report under Article 23 (1), has published any publication on employment information, he shall deliver without delay two copies of such publication to the Minister of Labor, under the conditions as prescribed by the Ministerial Decree of Labor. <Amended by Act No. 5103, Dec. 29, 1995> |
| (2) | If the person who has delivered the copies under paragraph (1), requests it, the State shall grant him a reasonable compensation thereof. |
| Article 25 (Matters to be Observed by Those Furnishing Employment Information) |
Any person who conducts the service furnishing employment information after making the report as prescribed in Article 23 (1), shall observe such matters as determined by the Presidential Decree. <Amended by Act No. 5103, Dec. 29, 1995>
| Article 26 (Prohibition of Side Business) |
No person who carries on the food and entertainment business as prescribed in Article 21 of the Food Sanitation Act, the accommodation business as prescribed in Article 2 of the Public Health Act, the matrimonial agency or matchmaking business as prescribed in Article 5 of the Act relating to Family Ritual Acts, or other business as prescribed by the Presidential Decree, may render the job placement service. <Amended by Act No. 5103, Dec. 29, 1995>
| Article 27 (Applicable Provisions) |
The provisions of Articles 8 through 12 shall be applicable to the free or fee-charging placement services as prescribed in Article 18 or 19.
Section 2 Recruitment of Workers
| Article 28 (Recruitment of Workers) |
| (1) | Any person who desires to employ workers, may recruit them freely by way of an advertisement in newspapers, magazines, or other publications, or distribution of papers, etc. |
| (2) | Any person who is entrusted with any advertisement, distribution of papers, etc. on recruitment of workers, shall record the personal matters, such as name, address, etc., of the person who desires to recruit workers, and keep such record for one year after he is entrusted therewith. |
| Article 29 (Entrusted Recruitment) |
| (1) | If a person who desires to employ workers, desires to entrust any person other than his workers with a recruitment of them, he shall obtain the permission of the Minister of Labor. |
| (2) | If a person who desires to employ workers, desires to give a person other than his workers a compensation for the recruitment as referred to in paragraph (1), he shall obtain the permission of the Minister of Labor. |
| (3) | Matters necessary for the procedure of permission, the basis of compensation, etc. as referred to in paragraph (1) or (2), shall be determined by the Presidential Decree. |
| Article 30 (Recruitment of Overseas Workers) |
| (1) | Any person who desires to recruit workers to be employed overseas, shall report it to the Minister of Labor. |
| (2) | Matters necessary for the report as referred to in paragraph (1) shall be determined by the Presidential Decree. |
| Article 31 (Recommendation on Improvement of Recruitment Method, etc.) |
| (1) | If it is deemed necessary for establishing a sound order of recruitment, the Minister of Labor may recommend to improve the recruitment method, etc. with respect to the recruitment of workers as prescribed in Article 28 or 30. |
| (2) | If the Minister of Labor desires to make a recommendation as referred to in paragraph (1), he shall go through a deliberation of the Employment Policy Council. |
| (3) | Matters necessary for the recommendation as referred to in paragraph (1) shall be determined by the Presidential Decree. |
| Article 32 (Prohibition of Receipt of Money, etc.) |
Any person who desires to employ workers, and who is engaged in such recruitment, or who is entrusted with a recruitment of workers, and who is engaged in such recruitment, shall not receive any money, goods or interest from applicants in connection with such recruitment, regardless of the pretext thereof.
Section 3 Labor Supply Business
| Article 33 (Labor Supply Business) |
| (1) | No person shall carry on a labor supply business without obtaining the permission of the Minister of Labor. |
| (2) | If the Minister of Labor desires to grant the permission as referred to in paragraph (1), he shall go through a deliberation of the Employment Policy Council. |
| (3) | The object of and requirements for the permission as referred to in paragraph (1) shall be determined by the Presidential Decree. |
CHAPTER Ⅳ SUPPLEMENTARY PROVISIONS
| Article 34 (Prohibition of False Job Offering Advertisement, etc.) |
| (1) | No person who renders or carries on a job placement service, or worker recruitment or supply business as prescribed in Articles 18, 19, 28 through 30, or 33, or who is engaged in such service or business, shall make a false job offering advertisement, or suggest a false job offering condition. |
| (2) | Matters necessary for the scope, etc. of any false job offering advertisement as referred to in paragraph (1), shall be determined by the Presidential Decree. |
| Article 34-2 (Security on Liability for Damages) |
Any person who carries on the fee-charging placement service with the permission as prescribed in Article 19 (1), or the labor supply business (limited to a business supplying labor to foreign countries) with the permission as prescribed in Article 33 (1), shall join the guaranteed insurance as prescribed by the Presidential Decree, for the purpose of securing the liability for compensation for any damages which he infects on any worker or person who has a worker introduced or supplied, on purpose or negligently in carrying out the job placement or labor supply. [This Article Newly inserted by Act No. 5103, Dec. 29, 1995]
| Article 35 (Report on Discontinuance of Permitted or Reported Service) |
If a person who is permitted under Article 18, 19 or 33, or who has made a report under Article 23 (1), discontinues his service, he shall report it to the Minister of Labor or Mayor/Do governor, within seven days from the date of discontinuance. <Amended by Act No. 5103, Dec. 29, 1995>
| Article 36 (Cancellation, etc. of Permission) |
| (1) | If a person who is permitted under Article 18, 19, 29 or 33, or who has made a report under Article 23 (1), violates this Act or any order issued under this Act, or it is deemed that he might inflict any damage on the public interest, the Minister of Labor or Mayor/Do governor may have him suspend his service or recruitment, or cancel the permission, with a fixed period not exceeding six months. In this case, if the cause to cancel the permission falls under subparagraph 5 of Article 38, the Minister of Labor or Mayor/Do governor shall allow in advance a period of one or more months required for replacement of officers concerned. <Amended by Act No. 5103, Dec. 29, 1995> |
| (2) | The criteria for the suspension or cancellation as referred to in paragraph (1) shall be determined by the Ministerial Decree of Labor. |
| (3) | If the Minister of Labor or Mayor/Do governor desires to order a suspension or cancellation under paragraph (1), he shall give the other party of the disposition or his representative an opportunity of hearing: Provided, That if he fails to comply with it without any justifiable reason, or it is impossible to give him an opportunity of hearing due to an obscurity of his address, etc., it shall not be applicable. |
| Article 37 (Measure of Closure) |
| (1) | If a person operates any service without obtaining the permission, or making the report, as prescribed in Articles 18, 19, 23 (1) or 33, or continues to carry on any service even after he received the order of suspension or cancellation as prescribed in Article 36 (1), the Minister of Labor or Mayor/Do governor may have any public official concerned take any of the following measures: <Amended by Act No. 5103, Dec. 29, 1995> |
| 1. | Removal and deletion of a signboard or other business marks of the service place or office concerned; |
| 2. | Posting up a bulletin to inform that the service is illegal; and |
| 3. | Sealing to make any person unable to use any equipment or facilities indispensable for the operation of the service. |
| (2) | Any public official concerned who takes the measures as referred to in paragraph (1), shall carry with himself a certificate indicating his authority, and show it to the interested person. |
| Article 38 (Disqualification) |
No person who falls under any of the following subparagraphs, may be permitted for a placement service or labor supply service: <Amended by Act No. 5103, Dec. 29, 1995>
| 1. | A person who is a minor, incompetent, quasi-incompetent, or is declared bankrupt and not yet reinstated; |
| 2. | A person who is sentenced to a penalty heavier than imprisonment without prison labor, and for whom the execution of such sentence is not terminated, or non-execution does not become definite; |
| 3. | A person who is sentenced to a penalty heavier than a fine, for violation of this Act, the Prostitution Prevention Act, or the Minor Protection Act, or for violation of the Seaman Act by any act related to a placement service, and for whom two years have not elapsed, after the execution of such sentence is terminated, or non-execution thereof does not become definite; |
| 4. | A person for whom two years have not elapsed after the permission for the service is cancelled under Article 36; and |
| 5. | Juristic person any of whose officers falls under any of subparagraphs 1 through 4. |
| Article 39 (Keeping of Books, etc.) |
Any person who is permitted under Articles 18, 19, 29 or 33, shall keep books, ledgers and other necessary documents, under the conditions as prescribed by the Ministerial Decree of Labor.
| Article 40 (Education and Training for Those Engaged in Placement Service) |
| (1) | The Minister of Labor or Mayor/Do governor shall conduct education and training necessary for those who are engaged in the placement service. |
| (2) | Matters necessary for education and training as referred to in paragraph (1) shall be determined by the Ministerial Decree of Labor. |
| Article 41 (Report and Inspection) |
| (1) | The Minister of Labor or Mayor/Do governor may, if necessary, order any person who furnishes a placement service with a permission as prescribed in Article 18 or 19, to make a report on employment, separation from position, job placement, wages and other working conditions. |
| (2) | The Minister of Labor or Mayor/Do governor may, if necessary, have any public official concerned have access to a business place to which this Act applies, related business place, and other facilities to inspect the situation of business, books or other things, and have him ask any questions to interested persons. |
| (3) | Any public official who has access to any business place and conducts any inspection under paragraph (2), shall carry with himself a certificate indicating his authority, and show it to the interested person. |
| Article 42 (Duty to Keep Secret) |
No person who has participated or participates in a placement service or recruitment of labor, shall divulge any secret concerning workers or employers, which he has learned in the course of his duties, except in a case where it is disclosed by the direction of the Minister of Labor.
Any person who desires to obtain a permission or renewed permission for the fee-charging placement service as prescribed in Article 19, shall pay the fee under the conditions as prescribed by the Ministerial Decree of Labor. This provisions shall also apply in cases where he modifies any of the permitted matters.
| Article 44 (Delegation of Authority) |
The authority of the Minister of Labor as prescribed by this Act, may be delegated partially to the head of the employment security office or the Mayor/Do governor, under the conditions as prescribed by the Presidential Decree.
| Article 45 (Subsidy of National Treasury) |
The Minister of Labor may subsidize the whole or part of expenses for the free placement service as prescribed in Article 18.
CHAPTER Ⅴ PENAL PROVISIONS
| Article 46 (Penal Provisions) |
| (1) | Any person who falls under any of the following subparagraphs, shall be punished by imprisonment for not more than seven years, or a fine not exceeding thirty million won: |
| 1. | A person who carries on a placement, recruitment or supply of labor, by means of violence, threat, detention, or unlawful restraint against mental or physical freedom; and |
| 2. | A person who carries on a placement, recruitment or supply of labor, with the intention to place another person in a job detrimental to the public health or morality. |
| (2) | Any attempt to commit the offense as referred to in paragraph (2) |
shall be punished.
| Article 47 (Penal Provisions) |
Any person who falls under any of the following subparagraphs, shall be punished by imprisonment for not more than five years, or a fine not exceeding twenty million won:
| 1. | A person who carries on the fee-charging placement service or labor supply business without obtaining the permission as prescribed in Article 19 (1) or 33 (1); |
| 2. | A person who has obtained the permission as prescribed in Article 19 (1), the renewed permission as prescribed in paragraph (3) of the said Article, or the permission as prescribed in Article 33 (1), by a false or other unlawful way; |
| 3. | A person who violates the provisions of Article 21 and the other party; |
| 4. | A person who receives any money, goods or other interest, in contravention of the provisions of Article 32; and |
| 5. | A person who makes false job offering advertisements, or presents false job offering conditions, in contravention of the provisions of Article 34. |
| Article 48 (Penal Provisions) |
Any person who falls under any of the following subparagraphs, shall be punished by imprisonment for not more than one year, or a fine not exceeding five million won: <Amended by Act No. 5103, Dec. 29, 1995>
| 1. | A person who carries on the free placement service or business furnishing employment information, without obtaining the permission as prescribed in Article 18 (1), or making a report as prescribed in Article 23 (1); |
| 2. | A person who obtains the permission or renewed permission under Article 18 (1) or (5), or makes a report as prescribed in Article 23 (1), by a false or other unlawful way; |
| 3. | A person who receives any money other than the fee as notified publicly by the Minister of Labor, in contravention of the provisions of Article 19 (6); |
| 4. | A person who takes charge of affairs as to the job placement, in contravention of the provisions of Article 22 (2); |
| 5. | A person who has entrusted a recruitment of labor, or given any compensation for recruitment of labor, without obtaining the permission as prescribed in Article 29 (1) or (2); |
| 6. | A person who carries on a business during a suspension period as prescribed in Article 36; |
| 7. | Deleted; and <by Act No. 5103, Dec. 29, 1995> |
| 8. | A person who has divulged any secret in contravention of the provisions of Article 42. |
| Article 49 (Fine for Negligence) |
| (1) | Any person who falls under any of the following subparagraphs, shall be punished by a fine for negligence not exceeding one million won: <Amended by Act No. 5103, Dec. 29, 1995> |
| 1. | A person who fails to keep the record in contravention of the provisions of Article 28 (2); |
| 2. | A person who fails to make a report in contravention of the provisions of Article 30 (1) or 35; |
| 3. | A person who fails to keep the books and other documents in contravention of the provisions of Article 39; |
| 4. | A person who fails to make a report as prescribed in Article 41 (1), or makes a false report; and |
| 5. | A person who refuses, interferes with, or evades the entry and inspection of the public official concerned as prescribed on Article 41 (2). |
| (2) | The fine for negligence as referred to in paragraph (1) shall be imposed and collected by the Minister of Labor or Mayor/Do governor in accordance with his jurisdiction, under the conditions as prescribed by the Presidential Decree. |
| (3) | Any person who is dissatisfied with a disposition of fine for negligence as referred to in paragraph (2), may make an objection against the Minister of Labor or Mayor/Do governor, within thirty days after he is informed of such disposition. |
| (4) | If a person who is subject to a disposition of fine for negligence as referred to in paragraph (2), has made an objection under paragraph (3), the Minister of Labor or Mayor/Do governor shall notify it without delay to the competent court, which shall, upon receiving the notification, bring the case of fine for negligence to a trial under the Non-Contentious Case Procedure Act. |
| (5) | If no objection is made, and no fine for negligence is paid, in the period as referred to in paragraph (3), it shall be collected according to the examples of the disposition of national or local taxes in arrears. |
| Article 50 (Joint Penal Provisions) |
If a representative of a juristic person, or an agent, servant or other worker of a juristic person or individual commits an offense as prescribed in Articles 46 through 48 in connection with affairs of the juristic person or individual, the fine as prescribed in respective Article shall be imposed on such juristic person or individual, in addition to punishment of the offender.
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 1994.
Article 2 (Transitional Measures concerning Job Placement Service)
Any person who is permitted for a job placement service pursuant to the previous provisions at the time this Act enters into force, shall be considered to have been permitted under this Act until the validity term of such permission expires.
Article 3 (Transitional Measures concerning Business Furnishing Employment Information)
Any person who has registered a business furnishing the employment information pursuant to the previous provisions at the time this Act enters into force, shall be considered to have registered it under this Act.
Article 4 (Transitional Measures concerning Recruitment of Labor)
Any person who is permitted for an entrusted recruitment of labor, or has made a report on recruitment of those who seek any overseas employment, pursuant to the previous provisions at the time this Act enters into force, shall be considered to have been permitted, or made the report, under this Act.
Article 5 (Transitional Measures concerning Business Furnishing Employment Information)
Any person who is permitted for the business furnishing employment information pursuant to the previous provisions at the time this Act enters into force, shall be considered to have been permitted under this Act until the validity term of such permission expires.
Article 6 (Transitional Measures concerning Penal Provisions)
In application of the penal provisions to any act committed prior to the enforcement of this Act, it shall be subject to the previous provisions.
Article 7 Omitted.
Article 8 (Relation with Other Acts and Subordinate Statutes)
In case where the Act relating to Employment Security and Promotion is cited in other Acts and subordinate statutes, at the time this Act enters into force, the Employment Security Act shall be considered to have been cited.
ADDENDA<Act No. 5103, Dec. 29, 1995>
Article 1 (Enforcement Date)
This Act shall enter into force at the expiration of three months after its promulgation.
Article 2 (Transitional Measures concerning Fee-Changing Placement Service)
Notwithstanding the revised provisions of Article 19 (2), any person who has obtained the permission for the fee-charging placement service pursuant to the previous provisions, at the time this Act enters into force, shall be subject to the previous provisions. Article 3 (Transitional Measures concerning Employment Information Furnishing Service)
Any person who has registered the employment information furnishing service pursuant to the previous provisions at the time this Act enters into force, shall be considered to have made a report under this Act.
Article 4 (Transitional Measures concerning Penal Provisions)
The application of the penal provisions to any act committed before this Act enters into force, shall be subject to the previous provisions.