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 job placement, vocational guidance, or decision on employment relation, for reasons of sex, religion, social status, or marriage.
| Article 3 (Tasks of Government) |
In order to attain the purpose as prescribed in Article 1, the Government shall carry out the following tasks: | 1. | Matters concerning a proper adjustment of supply and demand for 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 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. |
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 offerer 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 rendered to facilitate a choice of job suitable to the ability and aptitude of a person who desires to find 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 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 local government may, if necessary, administer the services of domestic job placement, vocational guidance, or dissemination of job information for job offerers or job seekers. |
| (2) | 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 offerers or job seekers. |
| (3) | 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 offerers or job seekers as referred to in the paragraph (1). |
[This Article Added by Act No. 5478, Dec. 24, 1997]
| Article 4-3 (Establishment and Operation of Manpower Bank) |
| (1) | The Minister of Labor may establish and operate a manpower bank to render the services of job placement, vocational guidance, and furnishing of employment information (hereinafter referred to as a “manpower bank”) after consultation with the head of a local government. |
| (2) | Matters necessary concerning the establishment and operation of the manpower bank shall be prescribed by the Presidential Decree. |
[This Article Added by Act No. 5884, Feb. 8, 1999]
| 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 and a manpower bank. |
| (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]
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 offerer 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 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 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) | 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 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 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 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 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 Workers Vocational Training Promotion Act. <Amended by Act No. 5474, Dec. 24, 1997>
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 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 Workers Vocational Training Promotion Act 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>
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 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 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 Placement Service) |
| (1) | Free placement service shall be classified into domestic and overseas free 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 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 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 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 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> |
| 1. | Job placement services conducted by the Korea Manpower Agency; |
| 2. | Job placement services for disabled persons conducted by the Korea Employment Promotion Agency for the Disabled; and |
| 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 under the Workers Vocational Training Promotion Act. |
| (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 Placement Service) |
| (1) | Fee-charging placement service shall be classified into domestic and overseas fee-charging 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 placement service shall file for registration with the head of Si/Gun/ Gu, and a person who desires to conduct overseas fee-charging 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 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) | The requirements for registration as referred to in paragraph (1) and other matters necessary for the fee-charging placement services shall be determined by the Presidential Decree. <Amended by Act No. 5884, Feb. 8, 1999> |
| (9) | Any person who conducts, and those who are engaged in, the fee-charging 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 Placement Service) |
Where one year has not passed since the registration of fee-charging 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 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 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 placement service by the registration under Article 19 (1) and employees thereof shall not take an advanced payment from job-offerers 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 (Restriction on Job Placement Service for Person under Age of 18) |
| (1) | Any person who conducts fee-charging placement service and its employees, pursuant to the provisions of Articles 18 and 19, shall identify the age of a job-seeker, and in case of rendering placement service to a person under the age of 18, they shall obtain a written consent on employment from the person having parental authority or the guardian thereof. |
| (2) | Any person who conducts fee-charging placement service and employees thereof, pursuant to the provisions of Articles 18 and 19 shall not place a person who is under the age of 18, after confirming the age of a jobseeker, in a business which falls under any of the following subparagraphs: |
| 2. | Businesses as prescribed by the Presidential Decree that are deemed to give harmful influences to juveniles. |
[This Article Added by Act No. 5478, Dec. 24, 1997]
| Article 22 (Those engaged in Fee-Charging Placement Service) |
| (1) | A person who conducts a fee-charging placement service by the registration under Article 19 (1) shall not employ any 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 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 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 is to specialize in a business of disseminating job information such as information on job offerings and seekings through newspapers, magazines, other publications, wire/wireless broadcasts, or computer communication 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> |
| (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) |
Any 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 of Side Business) |
No person who operates a food and entertainment business referred to in Article 21 of the Food Sanitation Act, an accommodation business referred to in Article 2 of the Public Health Act, a matrimonial agency or matchmaking business referred to in Article 5 of the Family Ritual Standard Act, 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 apply mutatis mutandis to the free or fee-charging placement services as referred to in Article 18 or 19.
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) | Deleted. <by Act No. 5478, Dec. 24, 1997> |
| (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) |
Any person who operates the fee-charging placement service by the 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 join the guaranteed insurance or deposit money with financial institutions under the conditions as prescribed by the Presidential Decree, for the purpose of securing liability for compensation for any damages which he inflicts 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. <Amended by Act No. 5884, Feb. 8, 1999> [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 (1), 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. [This Article Wholly Amended by Act No. 5884, Feb. 8, 1999]
| Article 36 (Cancellation of Permission) |
| (1) | If a person whose service has been reported, registered, or permitted under Article 18, 19, 23 (1), or 33 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 the head of Si/Gun/Gu may have him suspend his service for a fixed period 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. <Amended by Act No. 5103, Dec. 29, 1995; Act No. 5884, Feb. 8, 1999> |
| (2) | The criteria for the suspension or cancellation as referred to in paragraph (1) shall be determined by the Ministerial Decree of Labor. |
| (3) | Deleted. <by Act No. 5453, Dec. 13, 1997> |
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 operates any service without making the report or 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>
| 1. | A person who is a minor, incompetent, quasi-incompetent, or is declared bankrupt and not yet reinstated; |
| 2. | A person, after being sentenced to a penalty heavier than imprisonment without prison labor, for whom the execution of the sentence has been completed or two years have not elapsed since the execution of the sentence was confirmed as terminated; |
| 3. | A person, after being sentenced to a penalty heavier than a fine in violation of this Act, the Prevention of Prostitution, etc., Act, the Protection of Minors Act, the Act on the Regulation of Amusement Business Affecting Public Morals, or the Juvenile Protection Act, or in violation of the Seaman Act by conducting any acts concerning job placement services, for whom the execution of the sentence has been completed or three years have not elapsed since the execution of the sentence was confirmed as terminated; |
3-2. A person placed under the period of probation after being sentenced to probation of a penalty heavier than imprisonment without prison labor;
| 4. | A person for whom three years have not lapsed since the permission or registration of the concerned service was cancelled 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) |
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 41 (Report and Inspection) |
| (1) | The Minister of Labor or the head of Si/Gun/Gu may, if necessary, order a person who conducts the service under Article 18, 19, 23 (1), or 33 by the report or registration or with the permission as referred to in the concerned provisions, to make a report that is necessary for the implementation of this Act. <Amended by Act No. 5884, Feb. 8, 1999> |
| (2) | The Minister of Labor or the head of Si/Gun/Gu may, if necessary, have a 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 the persons concerned. |
| (3) | A public official who has access to a business place and conducts an inspection under paragraph (2), shall carry with himself a certificate indicating his authority, and show it to the persons concerned. |
| 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 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 placement service as referred to in Article 18.
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: |
| 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 |
| 2. | A person who operates a placement, recruitment, or supply of labor business, with the intention to place another person in a job detrimental to the public health or morality. |
| (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>
| 1. | A person who operates the fee-charging 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); | 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 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> |
| 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)
Any 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 placement service, and to the Minister of Labor where it is concerned with overseas free placement service, pursuant to the amended provisions of Article 18 (1). Article 4 (Transitional Measures concerning Fee-Charging Placement Service)
A person who has obtained permission or renewed permission for feecharging placement service under the previous provisions at the time of the entry into force of this Act shall be deemed to have completed the registration with the head of Si/Gun/Gu where it is concerned with domestic fee-charging placement service, and with the Minister of Labor where it is concerned with overseas fee-charging placement service, pursuant to the amended provisions of Article 19 (1). Article 5 (Transitional Measures concerning Restriction on Registration of Fee-Charging Placement Service)
In the application of the amended provisions of Article 20, a person for whom permission for fee-charging placement service has been cancelled under the previous provisions at the time of the entry into force 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.