EMPLOYMENT SECURITY ACT
Wholly Amended by Act No. 4733, Jan. 7, 1994
Amended by Act No. 5103, Dec. 29, 1995
Act No. 5453, Dec. 13, 1997
Act No. 5478, Dec. 24, 1997
Act No. 5474, Dec. 24, 1997
Act No. 5512, Feb. 20, 1998
Act No. 5884, Feb. 8, 1999
Act No. 7196, Mar. 22, 2004
Act No. 7825, Dec. 30, 2005
Act No. 8249, Jan. 19, 2007
Act No. 8372, Apr. 11, 2007
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to strive for the employment security of every worker, and to contribute to balanced 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 job placement, vocational guidance, or decision on employment relation, for reasons of sex, religion, social status, or marital status.
| Article 3 (Projects of Government) |
| (1) | In order to attain the purpose as prescribed in Article 1, the Government shall undertake the project falling under each of the following subparagraphs: <Amended by Act No. 8249, Jan. 19, 2007> |
| 1. | Matters concerning a proper adjustment of supply and demand for work force; |
| 2. | Matters concerning domestic and overseas placement services for job providers and seekers; |
| 3. | Matters concerning vocational guidance for job seekers; |
| 4. | Matters concerning the 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. |
| (2) | The Government may cooperate with, or entrust the person falling under each of following subparagraphs, with the project referred to in subparagraph 2 through 5 of paragraph (1): <Added by Act No. 8249, Jan. 19, 2007> |
| 1. | A person who provides a free job placement service pursuant to the provisions of Article 18; |
| 2. | A person who provides a free-charging job placement service pursuant to the provisions of Article 19; |
| 3. | A person who provides the job information service pursuant to the provisions of Article 23; and |
| 4. | Other specialized institutions that are prescribed by the Presidential Decree as being involved in the matters referred to in paragraph (1) 2 through 5. |
| (3) | The costs needed to undertake the projects referred to in the provisions of paragraph (2) may be financed by the general account or the Employment Insurance Fund provided in the Employment Insurance Act, according to the person eligible for financial support and the ways to provide financial support as prescribed by the Presidential Decree. <Added by Act No. 8249, Jan. 19, 2007> |
For the purpose of this Act: <Amended by Act No. 5512, Feb. 20, 1998>
| 1. | The term "employment security office" means a local labor administrative agency carrying out employment security services, such as job placement, or vocational guidance; |
| 2. | The term "job placement" means to help, upon request, both job provider and seeker to the 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 provided to facilitate a choice of job suitable to the ability and aptitude of a person who desires to find employment; |
| 4. | The term "free job placement service" means a job placement service provided without receiving any fee, membership fee, or any money or valuables; |
| 5. | The term "fee job 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 employment, to be in his employment, or has another person do so; and |
| 7. | The term "labor supply business" means to have another person use labor pursuant to a supply contract: Provided, That the labor dispatch business referred to in Article 2 (2) of the Dispatched Worker Protection Act is excluded. |
| Article 4-2 (Domestic Job Placement Service of Local Government) |
| (1) | The head of every local government may, if necessary, provide the services of domestic job placement, vocational guidance, or dissemination of job information for job providers or job seekers. |
| (2) | The head of every local government may assign the professionals assigned to provide the services referred to in the provisions of paragraph (1). <Added by Act No. 8249, Jan. 19, 2007> |
| (3) | Where the Minister of Labor deems it necessary for proper administration of services referred to in Article 3, he may administer, together with the head of local government, the services of domestic job placement, vocational guidance, or dissemination of job information for job providers or job seekers. |
| (4) | The provisions of Chapter II (excluding Articles 5 and 7) shall be applicable mutatis mutandis where the head of local government administers the services of domestic job placement, vocational guidance, or dissemination of job information for job providers or job seekers as referred to in paragraph (1). |
[This Article Added by Act No. 5478, Dec. 24, 1997]
| Article 4-3 Deleted.<by Act No. 8249, Jan, 19, 2007> |
| Article 4-4 (Civilian Employment Counselor) |
| (1) | The Minister of Labor may have an employment counselor other than a public official (hereinafter referred to as a "civilian employment counselor") to perform the functions of job placement, vocational guidance, and furnishing of employment information at an employment security office. <Amended by Act No. 8249, Jan. 19, 2007> |
| (2) | The standards for the placement of a civilian employment counselor and other necessary matters shall be prescribed by the Ministerial Decree of Labor. |
[This Article Added by Act No. 5884, Feb. 8, 1999]
| Article 4-5 (Certifications of Institutions that Provide Outstanding Employment Support Services) |
| (1) | The Minister of Labor may certify an institutions that have facilities and equipments, which job providers and job seekers who fall under any of each subparagraph of Article 3 (2) are conveniently accessible to, and help improve the employment support services of both job providers and job seekers by means of job placement or the supply of the employment information as institutions that provide outstanding employment support services. |
| (2) | The Minister of Labor may entrust the work of certifying institutions that provide outstanding employment support services referred to in the provisions of paragraph (1) with the specialized institutions that are prescribed by the Presidential Decree. |
| (3) | For the institutions that are certified as the institutions that provide outstanding employment support services pursuant to the provisions of paragraph (1), the Minister of Labor may provide them with necessary support by giving them a priority to participate in the services that may be jointly provided pursuant to the provisions of Article 3 (2) or may be entrusted. |
| (4) | When any person who is certified as an institution that provides outstanding employment support service pursuant to the provisions of paragraph (1) falls under any of the following subparagraphs, the Minister of Labor may revoke his certification thereof: |
| 1. | When he has been certified by means of false and illegality; |
| 2. | When he has failed to provide his employment support service for longer than one year without any justifiable grounds thereof; |
| 3. | When he is found to fall short of the certification standards provided in the provisions of paragraph (5); and |
| 4. | When he discontinues providing his service after having been certified as an institution that provides outstanding employment support service. |
| (5) | Necessary matters concerning the standards and ways for certifying the institutions that provide outstanding employment support services, etc. shall be prescribed by the Ministerial Decree of Labor. |
[This Article Added by Act No. 8249, Jan. 19, 2007]
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 (Guaranteeing the Qualification of Responsible Personnel) |
| (1) | The Government shall make efforts to guarantee the qualification of the responsible personnel, such as training and assignment 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 or vocational guidance. |
| (2) | The Minister of Labor may nominate vocational guidance officers to take charge of the job placement or vocational guidance from among the public officials under his jurisdiction. |
| (3) | Matters concerning the qualification 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 Gu is 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 provider or seeker, and reply to other inquiries about him; and |
| 2. | To relay and publicize information on job offering and seeking. |
| Article 8 (Application for Help by Job provider) |
The head of the employment security office shall not refuse to accept an application for help filed by a job provider, 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 improper compared with the normal working conditions; and |
| 3. | Where the job provider 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) | 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 vocational counselling, or conduct a vocational aptitude test. |
| Article 10 (Specification of Working Conditions) |
Upon filing an application for workers with the head of the employment security office, the job provider 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 provider 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 to the extent possible. |
| Article 12 (Job Placement across 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 provide job seeker suitable for job offering conditions or the number of job seekers whom the job provider 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 a job seeker receive vocational capability development training in order to promote his employment, the head of the employment security office may help the job seeker receive vocational capability development training at a vocational capability development training facility under the Act on the Development of Occupational Abilities of Workers. <Amended by Act No. 5474, Dec. 24, 1997; Act No. 8249, Jan. 19, 2007>
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 employment. |
| (2) | Matters necessary for the method and procedure 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 job placement services furnished by the heads of schools under the Elementary and Secondary Education Act and the Higher Education Act, and by the heads of public vocational capability development training facilities under the Act on the Development of Occupational Abilities of Workers. and he may, upon their request, give vocational guidance to students or vocational trainees. <Amended by Act No. 5474, Dec. 24, 1997; Act No. 5884, Feb. 8, 1999; Act No. 8249, Jan. 19, 2007>
Section 4 Furnishing of Employment Information
| Article 16 (Collection and Furnishing of Employment Information) |
| (1) | The head of the employment security office shall occasionally and periodically collect various employment information in the area, and rearrange such collected information, and furnish it to job providers 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 the employment information collected that there is a sudden change in the supply and demand for labor in the area, or any remarkable unbalance has taken place, he shall establish and execute adequate countermeasures. |
| 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 the expansion of the work force for 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 Job Placement Service) |
| (1) | Free job placement service shall be classified into domestic and overseas free job placement service based on the place where a worker who is the object of placement desires to find employment. In this case, a person who desires to conduct domestic free job placement service shall report to the head of Si/Gun/Gu (limited to an autonomous Gu; hereinafter the same shall apply), and a person who desires to conduct overseas free job placement service, to the Minister of Labor. This shall also apply where he desires to change any of the reported matters. <Amended by Act No. 5884, Feb. 8, 1999> |
| (2) | A person who desires to conduct free job placement service under paragraph (1) shall be a non-profit corporation or a public organization as prescribed by the Presidential Decree. <Added by Act No. 5884, Feb. 8, 1999> |
| (3) | The matters to be reported and procedures of a report under paragraph (1) and other mattes necessary concerning the report shall be prescribed by the Presidential Decree. <Added by Act No. 5884, Feb. 8, 1999> |
| (4) | Notwithstanding paragraph (1), free job placement service may be conducted without making a report if the placement service falls under any of the following subparagraphs: <Amended by Act No. 5474, Dec. 24, 1997; Act No. 5478, Dec. 24, 1997; Act No. 5884, Feb. 8, 1999; Act No. 8249, Jan. 19, 2007> |
| 1. | Job placement services conducted by the Human Resources Development Service of Korea provided in the Human Resources Development Service of Korea Act; |
| 2. | Job placement services for the disabled conducted by the Korea Employment Promotion Agency for the Disabled provided in the Employment Promotion and Vocational Rehabilitation of Disabled Persons; |
| 3. | Job placement services for enrolled students or graduates conducted by the heads of schools in every level as referred to in the Acts relating to education, or for trainees or vocational graduates conducted by the head of public vocational capability development training facilities provided in the Act on the Development of Occupational Abilities of Workers; and |
| (5) | Deleted. <by Act No. 5884, Feb. 8, 1999> |
| (6) | Deleted. <by Act No. 5478, Dec. 24, 1997> |
| (7) | and (8) Deleted. <by Act No. 5884, Feb. 8, 1999> |
| Article 19 (Fee-Charging Job Placement Service) |
| (1) | Fee-charging job placement service shall be classified into domestic and overseas fee-charging job placement service based on the place where a worker who is the object of placement desires to find employment. In this case, a person who desires to conduct domestic fee-charging job placement service shall file for registration with the head of Si/Gun/Gu, and a person who desires to conduct overseas fee-charging job placement service, with the Minister of Labor. This shall also apply where he desires to change any of the registered matters. <Amended by Act No. 5884, Feb. 8, 1999> |
| (2) | and (3) Deleted. <by Act No. 5884, Feb. 8, 1999> |
| (4) | Deleted. <by Act No. 5478, Dec. 24, 1997> |
| (5) | Deleted. <by Act No. 5884, Feb. 8, 1999> |
| (6) | No person who conducts fee-charging job placement service by the registration as referred to in paragraph (1) shall receive any money or similar valuables other than the fee as determined and publicly notified by the Minister of Labor. <Amended by Act No. 5884, Feb. 8, 1999> |
| (7) | 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 as prescribed by the Framework Act on Employment Policy (hereinafter referred to as "Employment Policy Council"). <Amended by Act No. 5478, Dec. 24, 1997> |
| (8) | Personnel and physical requirements that are standards for registering a fee-charging job placement service provided in the provisions of paragraph (1) and other necessary matters concerning a fee-charging job placement service shall be prescribed by the Presidential Decree. <Amended by Act No. 8249, Jan. 19, 2007> |
| (9) | Any person who conducts, and those who are engaged in, the fee-charging job placement services by the registration as referred to in paragraph (1), shall observe such matters as determined by the Presidential Decree. <Amended by Act No. 5884, Feb. 8, 1999> |
| Article 20 (Restriction on Registration of Fee-Charging Job Placement Service) |
Where one year has not passed since the registration of fee-charging jon placement service was cancelled pursuant to Article 36, its registration shall not be allowed at the same business place again. [This Article Wholly Amended by Act No. 5884, Feb. 8, 1999]
| Article 21 (Prohibition of Lending of Title) |
No person who has completed the registration of free job placement service under Article 19 (1) shall have another person conduct the placement service using his name or trade name, or shall lend the certificate of registration. <Amended by Act No. 5884, Feb. 8, 1999>
| Article 21-2 (Prohibition of Provision of Advanced Payment) |
A person who conducts fee-charging job placement service by the registration under Article 19 (1) and employees thereof shall not take an advanced payment from job-providers in order to provide it to job-seekers. <Amended by Act No. 5884, Feb. 8, 1999> [This Article Added by Act No. 5478, Dec. 24, 1997]
| Article 21-3 (Restrictions on Job Placement for Minors) |
| (1) | A person who provides a free job placement service or a fee-charging job placement service pursuant to the provisions of Articles 18 and 19 and his employees (hereafter referred to as the "persons who provide the job placement services, etc." in this Article) shall confirm the ages of job seekers and in case where he intends to place a job for a job seeker younger than 18, he shall obtain a written consent on employment from the person in parental authority or the guardian of the job seeker. |
| (2) | A person who provides the job placement services, etc. shall be prohibited from introducing job seekers younger than 18 to the businesses that are prohibited from hiring them pursuant to the provisions of Article 65 of the Labor Standards Act. <Amended by Act No. 8372, Apr. 11, 2007> |
[This Article Wholly Amended by Act No. 8249, Jan. 19, 2007]
| Article 22 (Those engaged in Fee-Charging Job Placement Service) |
| (1) | A person who conducts a fee-charging job placement service by the registration under Article 19 (1) shall not employ a person who falls under subparagraph 1, 3, or 4 of Article 38. <Amended by Act No. 5478, Dec. 24, 1997; Act No. 5884, Feb. 8, 1999> |
| (2) | A person who conducts a fee-charging job placement service by the registration under Article 19 (1) shall have one or more vocational counsellors in each service office with the qualifications as prescribed by the Ordinance of Ministry of Labor. <Added by Act No. 5478, Dec. 24, 1997; Act No. 5884, Feb. 8, 1999> |
| (3) | Among those engaged in the fee-charging job placement service, no other persons except the vocational counsellors as referred to in paragraph (2) shall take charge of job placement services. <Amended by Act No. 5478, Dec. 24, 1997> |
| Article 23 (Report on Service Furnishing Employment Information) |
| (1) | A person who intends to specialize in the business of disseminating job information such as information on job offerings and seekings through newspapers, magazines, other publications, wire/wireless broadcasts, or computer communication (excluding a person who provides a free job placement service pursuant to the provisions of Article 18 and a person who provides the fee-charging job placement service pursuant to the provisions of Article 19) shall report to the Minister of Labor. This provision shall also apply where the person changes any of the reported matters. <Amended by Act No. 5103, Dec. 29, 1995; Act No. 5478, Dec. 24, 1997; Act No. 8249, Jan. 19, 2007> |
| (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 Deleted.<by Act No. 5478, Dec. 24, 1997> |
| Article 25 (Matters to be Observed by Those Furnishing Employment Information) |
A person who conducts the service of furnishing employment information after making the report referred to 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 on Concurrently Providing Job Placement Service) |
[This Article Wholly Amended by Act No. 8249, Jan. 19, 2007]
| Article 27 (Applicable Provisions) |
Section 2 Recruitment of Workers
| Article 28 (Recruitment of Workers) |
| (1) | A 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. |
| (2) | Deleted. <by Act No. 5884, Feb. 8, 1999> |
| Article 29 Deleted.<by Act No. 5884, Feb. 8, 1999> |
| Article 30 (Recruitment of Overseas Workers) |
| (1) | A person who recruited workers for foreign employment shall report the fact to the Minister of Labor. <Amended by Act No. 5478, Dec. 24, 1997> |
| (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) |
| (1) | If it is deemed necessary for establishing sound order of recruitment, the Minister of Labor may recommend the improvement of the recruitment method with respect to the recruitment of workers as referred to 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) |
A person who desires to recruit workers and a person 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. <Amended by Act No. 5884, Feb. 8, 1999>
Section 3 Labor Supply Business
| Article 33 (Labor Supply Business) |
| (1) | No person shall operate a labor supply business without obtaining the permission of the Minister of Labor. |
| (2) | The valid period for the labor supply business license shall be 3 years, and a person who intends to continue his labor supply business after the expiration of license shall renew the license as prescribed by the Ministerial Decree of Labor. In this case, the valid period of the renewed license shall be 3 years from the date on the former expires. <Added by Act No. 8249, Jan. 19, 2007> |
| (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) |
| (1) | No person who provides or operates a job placement service, or worker recruitment or supply business as prescribed in Article 18, 19, 28, 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 conditions. <Amended by Act No. 5884, Feb. 8, 1999> |
| (2) | Matters necessary for the scope 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) |
| (1) | A person who operates the fee-charging job placement service by registration under Article 19 (1), or the labor supply business (limited to a business supplying labor to foreign countries) with the permission under Article 33 (1), shall buy guarantee insurance, join the mutual aid referred to in paragraph (2), or deposit money with a financial institution under the conditions as prescribed by the Presidential Decree, for the purpose of securing liability of compensation for damages which he may inflict on any worker or a person who has a worker introduced or supplied, on purpose or from negligence, in carrying out the job placement or labor supply. <Amended by Act No. 5884, Feb. 8, 1999; Act No. 7825, Dec. 30, 2005> |
| (2) | The association of businessmen referred to in Article 45-2 may carry on a mutual-aid business under the conditions determined by the Minister of Labor with a view to securing the liability of compensation for damages under paragraph (1). <Added by Act No. 7825, Dec. 30, 2005> |
| (3) | When the association of businessmen referred to in Article 45-2 intends to carry on a mutual-aid business under paragraph (2), it shall formulate mutual-aid regulations, and obtain approval of the Minister of Labor therefor. The same shall apply when it intends to modify the mutual-aid regulations. <Added by Act No. 7825, Dec. 30, 2005> |
| (4) | The mutual-aid regulations referred to in paragraph (3) shall prescribe the matters necessary for the operation of the mutual-aid business, such as the scope of mutual-aid business, the contents of mutual-aid contract, the mutual-aid amount and premium, and the liability reserve fund to appropriate to mutual-aid amount. <Added by Act No. 7825, Dec. 30, 2005> |
[This Article Added by Act No. 5103, Dec. 29, 1995]
| Article 35 (Report on Discontinuance of Permitted, Registered, or Reported Service) |
If a person whose service has been reported, registered, or permitted under Article 18, 19, 23, or 33 discontinues the conduct of the service, he shall report to the Minister of Labor or the head of Si/Gun/Gu, within seven days from the date of discontinuance. <Amended by Act No. 8249, Jan. 19, 2007> [This Article Wholly Amended by Act No. 5884, Feb. 8, 1999]
| Article 36 (Cancellation of Registration and Permission, etc.) |
| (1) | If a person whose service has been reported, registered, or permitted under Article 18, 19, 23 (1), or 33 and who may undermine the public interest and falls under any of the following subparagraphs, the Minister of Labor or the head of Si/Gun/Gu may have his service suspended for a fixed period of not exceeding six months or may cancel the registration or permission. In this case, if the cause to cancel the registration or permission falls under subparagraph 5 of Article 38, the Minister of Labor or the head of Si/Gun/Gu shall allow in advance a period of one or more months required for replacement of officers concerned; provided, when a person falls under subparagraph 2, his registration or license shall be revoked: <Amended by Act No. 5103, Dec. 29, 1995; Act No. 5884, Feb. 8, 1999; Act No. 8249, Jan. 19, 2007> |
| 1. | When his service is reported, registered or licensed by means of falsity and illegality; |
| 2. | When he falls under any subparagraph of Article 38; and |
| 3. | When he violates this Act or any order given pursuant to this Act. |
| (2) | When the grounds of revoking the registration or the license fall the grounds provided in the provisions of subparagraph 5 of Article 38, the Minister of Labor or the head of Si/Gun/Gu shall give in advance longer than one month, to replace the relevant officer. <Added by Act No. 8249, Jan. 19, 2007> |
| (3) | The criteria for the suspension or cancellation as referred to in paragraph (1) shall be determined by the Ministerial Decree of Labor. |
| Article 36-2 (Succession of Status of Service provideer. etc.) |
| (1) | A person, who reports the discontinuation of his service pursuant to the provisions of Article 35, is considered the same person, as the service provider prior to his report on the discontinuation of his service, when he reports, registers or licensed (hereafter referred to as the "repeated report, etc." in this Article) within 6 months under the provisions of Articles 18, 19 and 23 or 33. |
| (2) | The service provider who makes the repeated report, etc. pursuant to the provisions of paragraph (1) shall succeed the effect of the administrative disposition taken to the service provider prior to the report on the discontinuation of his service. |
| (3) | The Minister of Labor or the head of Si/Gun/Gu may take a disposition pursuant to the provisions of Article 36 against the service provider who makes the repeated report on the grounds of the act of violation that is committed prior to the report on the discontinuation of his service. |
[This Article Added by Act No. 8249, Jan. 19, 2007]
Where the Minister of Labor or the head of Si/Gun/Gu intends to cancel the registration or permission under Article 36, he shall hold a hearing. <Amended by Act No. 5884, Feb. 8, 1999> [This Article Added by Act No. 5453, Dec. 13, 1997]
| Article 37 (Measure of Closure) |
| (1) | If a person provides any service without reporting, registration or obtaining the permission under Article 18, 19, 23 (1), or 33, or continues to carry on any service even after he receives an order of suspension or cancellation as referred to in Article 36 (1), the Minister of Labor or the head of Si/Gun/Gu may have any public official concerned take any of the following measures: <Amended by Act No. 5103, Dec. 29, 1995; Act No. 5884, Feb. 8, 1999> |
| 1. | Removal and deletion of signboards or other business marks of the service place or office concerned; |
| 2. | Posting of a bulletin to inform the public that the service is illegal; and |
| 3. | Sealing to make persons unable to use the equipment or facilities indispensable for the operation of the service. |
| (2) | A 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 persons. |
| Article 38 (Disqualifications) |
No person who falls under any of the following subparagraphs may file for the report or registration of placement service or may be permitted for labor supply service: <Amended by Act No. 5103, Dec. 29, 1995; Act No. 5478, Dec. 24, 1997; Act No. 5884, Feb. 8, 1999; Act No. 7196, Mar. 22, 2004; Act No. 8249, Jan. 19, 2007>
| 1. | A person who is a minor, incompetent, quasi-incompetent, or is declared bankrupt and not yet reinstated; |
| 2. | A person in whose case two years have not elapsed since his/her imprisonment without labor or heavier punishment as declared by a court was completely executed or exempted; |
3-2. A person who is under the suspension of the execution of imprisonment without labor or a heavier punishment as declared by a court
| 4. | A person in whose case 5 years have not elapsed since the permission for or registration of the service concerned was revoked under Article 36; and |
| 5. | A juristic person in which any one of its officers falls under one of subparagraphs 1 through 4. |
| Article 39 (Keeping of Books, etc.) |
A person who is registered under Article 19 or permitted under Article 33 shall keep books, ledgers, and other necessary documents, under the conditions as prescribed by the Ministerial Decree of Labor. <Amended by Act No. 5884, Feb. 8, 1999>
| Article 40 Deleted.<by Act No. 5884, Feb. 8, 1999> |
| Article 40-2 (Education and Training for Persons Performing Job Placement Service) |
| (1) | The Minister of Labor or the head of Si/Gun/Gu shall conduct education and training for a person who performs job placement service, and the employees thereof with a view to improving professional knowledge and professional ethical awareness required to conduct job placement, job counseling, etc. |
| (2) | The contents and method of, and other necessary matters for the education and training referred to in paragraph (1) shall be determined by the Ministerial Decree of Labor. |
[This Article Added by Act No. 7825, Dec. 30, 2005]
| Article 41 (Report and Survey) |
| (1) | The Minister of Labor or the head of Si/Gun/Gu may, if it is deemed necessary, ask a person who provides the service under Article 18, 19, 23 (1) or 33 to submit necessary data and report necessary matters. <Amended by Act No. 5884, Feb. 8, 1999; Act No. 8249, Jan. 19, 2007> |
| (2) | When it is deemed necessary to confirm the violation of this Act, the Minister of Labor or the head of Si/Gun/Gu get his public officials to inspect business places and facilities that are subject to the application of this Act in order to check documents, books and other articles and question persons concerned. <Amended by Act No. 8249, Jan. 19, 2007> |
| (3) | When the Minister of Labor or the head of Si/Gun/Gu conducts the inspection referred to in the provisions of paragraph (2), he shall notify in advance the inspected of the inspection plan detailed the reasons and contents, etc. of the inspection: Provided, That the same shall not apply to a case when urgency is needed, or a prior notification makes may disturb attaining the objectives of the inspection on the grounds of evidence destruction, etc. <Amended by Act No. 8249, Jan. 19, 2007> |
| (4) | The public officials assigned to perform the inspection pursuant to the provisions of paragraph (2) shall carry certificates showing their authority and show them to persons concerned. <Added by Act No. 8249, Jan. 19, 2007> |
| Article 41-2 (Request of Cooperation for Documents) |
The Minister of Labor or the head of Si/Gun/Gu may, if necessary, request cooperation for documents that are necessary for the implementation of this Act to the relevant administrative agencies. <Amended by Act No. 5884, Feb. 8, 1999>
[This Article Added by Act No. 5478, Dec. 24, 1997]
| Article 42 (Duty to Keep Secrets) |
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 where it is disclosed by the direction of the Minister of Labor.
A person who desires to complete the registration of the fee-charging job placement service under Article 19, shall pay the fee under the conditions as prescribed by the Ministerial Decree of Labor. These provisions shall also apply where he modifies any of the registered matters. <Amended by Act No. 5884, Feb. 8, 1999> [This Article Wholly Amended by Act No. 5103, Dec. 29, 1995]
| Article 44 (Delegation of Authority) |
The authority of the Minister of Labor under this Act may be delegated partially to the head of the employment security office, the Special Metropolitan City Mayor, a Metropolitan City Mayor, or a Do governor under the conditions as prescribed by the Presidential Decree. <Amended by Act No. 5884, Feb. 8, 1999>
| Article 45 (Subsidy of National Treasury) |
The Minister of Labor may subsidize all or part of expenses for the free job placement service as referred to in Article 18.
| Article 45-2 (Establishment, etc. of Association of Businessmen) |
| (1) | A person who carries on business after reporting, registering, or obtaining permission under Article 18, 19, 23 or 33 may establish an association of businessmen for the sound development, etc. of job placement, job information offering, or labor supply business in accordance with the Presidential Decree. |
| (2) | The association of businessmen referred to in paragraph (1) shall be a corporation. |
| (3) | Except for the special provisions prescribed in this Act, the provisions regarding incorporated association in the Civil Act shall apply mutatis mutandis to the association of businessmen referred to in paragraph (1). |
[This Article Added by Act No. 7825, Dec. 30, 2005]
| (1) | The Minister of Labor or the head of Si/Gun/Gu may reward persons who report those who have violated the provisions of Article 34 or Article 46 (1) 1 to investigation agencies, within limits of budget. |
| (2) | Necessary matters concerning a reward referred to in the provisions of paragraph (1) shall be prescribed by the Ministerial Decree of Labor. |
[This Article Added by Act No. 8249, Jan. 19, 2007]
CHAPTER V PENAL PROVISIONS
| Article 46 (Penal Provisions) |
| (1) | A 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: <Amended by Act No. 8249, Jan. 19, 2007> |
| 1. | A person who operates a placement, recruitment, or supply of labor business, by means of violence, threat, detention, or unlawful restraint upon mental or physical freedom; and |
<The part "a job detrimental to the public health or morality" which is provided in this subparagraph has lost its effect following the Constitutional Court's March 31, 2005 ruling that it is unconstitutional>
| (2) | Any attempt to commit the offenses referred to in paragraph (2) shall be punished. |
| Article 47 (Penal Provisions) |
A 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: <Amended by Act No. 5478, Dec. 24, 1997; Act No. 5884, Feb. 8, 1999; Act No. 8249, Jan. 19, 2007>
| 1. | A person who operates the fee-charging job placement service or labor supply business without completing the registration or obtaining the permission referred to in Article 19 (1) or 33 (1); |
| 2. | A person who completes the registration under Article 19 (1) or obtains the permission under Article 33 (1) by a false or other unlawful way; |
| 3. | A person who violates the provisions of Article 21 and the other party; |
3-2. A person who violates the provisions of Article 21-3 (2) and (3); | 4. | A person who receives 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) |
A 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; Act No. 5478, Dec. 24, 1997; Act No. 5884, Feb. 8, 1999>
| 1. | A person who operates the free job placement service or business furnishing employment information without making a report under Article 18 (1) or 23 (1); |
| 2. | A person who makes a report under Article 18 (1) or 23 (1) by a false or other unlawful way; |
| 3. | A person who receives any money other than the fee as publicly notified by the Minister of Labor, in contravention of the provisions of Article 19 (6); |
| 4. | A person who takes charge of affairs as to job placement in contravention of the provisions of Article 22 (3); |
| 5. | Deleted; <by Act No. 5884, Feb. 8, 1999> |
| 6. | A person who operates a business during a suspension period referred to 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 48-2 (Penal Provision) |
A person who violates the provisions of Article 21-3 (1) shall be punished by a fine not exceeding five million won. [This Article Added by Act No. 5478, Dec. 24, 1997]
| Article 49 (Fine for Negligence) |
| (1) | A 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; Act No. 8249, Jan. 19, 2007> |
| 1. | Deleted; <by Act No. 5884, Feb. 8, 1999> |
| 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 referred to 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 referred to in 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 the head of Si/Gun/Gu in accordance with his jurisdiction, under the conditions as prescribed by the Presidential Decree. <Amended by Act No. 5884, Feb. 8, 1999> |
| (3) | A person who is dissatisfied with a disposition of a fine for negligence as referred to in paragraph (2) may make an objection to the Minister of Labor or the head of Si/Gun/Gu within thirty days after he is informed of such disposition. <Amended by Act No. 5884, Feb. 8, 1999> |
| (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 the head of Si/Gun/Gu shall, without delay, notify the competent court, which shall, upon receiving the notification, bring the case of fine for negligence to trial under the Non-Contentious Case Litigation Procedure Act. <Amended by Act No. 5884, Feb. 8, 1999> |
| (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 example 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 48-2 in connection with affairs of the juristic person or individual, the fine as prescribed in the respective Articles shall be imposed on such juristic person or individual, in addition to punishment of the offender. <Amended by Act No. 5478, Dec. 24, 1997>
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 1994.
Article 2 (Transitional Measures concerning Job Placement Service)
A person who has been 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 Businesses Furnishing Employment Information)
A person who has registered a business of furnishing 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)
A person who has been permitted for the entrusted recruitment of labor, or has made a report on recruitment of those who seek 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 Labor Supply Businesses)
A person who has been permitted for the labor supply business 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)
The application of the penal provisions to any act committed prior to the enforcement of this Act shall be subject to the previous provisions.
Article 7 Omitted.
Article 8 (Relation with Other Acts and Subordinate Statutes)
Where the Act relating to Employment Security and Promotion has been 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 three months after its promulgation.
Article 2 (Transitional Measures concerning Fee-Charging Placement Service)
A person who has obtained the permission for the fee-charging placement service pursuant to the previous provisions shall, at the time this Act enters into force, be subject to the previous provisions notwithstanding the amended provisions of Article 19 (2). Article 3 (Transitional Measures concerning Employment Information Furnishing Service)
A 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 penal provisions to any act committed before this Act enters into force shall be subject to the previous provisions.
ADDENDA<Act No. 5453, Dec. 13, 1997>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 1998. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA<Act No. 5474, Dec. 24, 1997>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 1999.
Articles 2 through 9 Omitted.
ADDENDA<Act No. 5478, Dec. 24, 1997>
| (1) | (Enforcement Date) This Act shall enter into force three months after the date of its promulgation. |
| (2) | (Transitional Measure concerning Job Placement Services) A person who has been permitted for the business of job placement services 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. |
| (3) | (Transitional Measure concerning Labor Supply Business) A person who has been permitted for the labor supply business 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. |
| (4) | (Transitional Measure concerning Penal Provisions) The application of the penal provisions to any act committed prior to the enforcement of this Act shall be subject to the previous provisions. |
ADDENDA<Act No. 5512, Feb. 20, 1998>
| (1) | (Enforcement Date) This Act shall enter into force on July 1, 1998. |
ADDENDA<Act No. 5884, Feb. 8, 1999>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Article 2 (Transitional Measures concerning Manpower Bank)
The manpower bank established under the Workers' Living Standard Improvement and Employment Stabilization Act at the time of the entry into force of this Act shall be deemed to be established under this Act.
Article 3 (Transitional Measures concerning Free Placement Service)
A person who has obtained permission or renewed permission for free placement service under the previous provisions at the time of the entry into force of this Act shall be deemed to have reported to the head of Si/Gun/Gu where it is concerned with domestic free job placement service, and to the Minister of Labor where it is concerned with overseas free job placement service, pursuant to the amended provisions of Article 18 (1). Article 4 (Transitional Measures concerning Fee-Charging Job Placement Service)
A person who has obtained permission or renewed permission for fee-charging placement service under the previous provisions at the time of enforcement of this Act shall be deemed to have completed the registration with the head of Si/Gun/Gu where it is concerned with domestic feecharging job placement service, and with the Minister of Labor where it is concerned with overseas fee-charging job placement service, pursuant to the amended provisions of Article 19 (1). Article 5 (Transitional Measures concerning Restriction on Registration of Fee-Charging Job Placement Service)
In the application of the amended provisions of Article 20, a person for whom permission for fee-charging job placement service has been cancelled under the previous provisions at the time of enforcement of this Act shall be deemed the person for whom its registration is cancelled under this Act. Article 6 (Transitional Measures concerning Penal Provisions)
The application of penalties to offenses committed prior to the enforcement of this Act shall be governed pursuant to the previous provisions.
Article 7 Omitted.
ADDENDA<Act No. 7196, Mar. 22, 2004>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDUM<Act No. 7825, Dec. 30, 2005>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA<Act No. 8249, Jan. 19, 2007>
| (1) | (Enforcement Date) This Act shall enter into force six months after the date of its promulgation. |
| (2) | (Application Example concerning Revocation of Registrations and Licenses, etc.) The amended provisions of Article 36 (1) shall apply, starting with a person who first performs the act that falls under any subparagraph of the same paragraph after the enforcement of this Act. |
| (3) | (Transitional Measure concerning Penal Provisions) The application of the penal provisions to any act that is performed prior to the enforcement of this Act shall be governed by the previous provisions. |
ADDENDA<Act No. 8372, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That ... <Omitted.> ... and the amended provisions of Article 16 (21) of the Addenda, on July 20, 2007.
Articles 2 through 17 Omitted.