ENFORCEMENT DECREE OF THE EMPLOYMENT SECURITY ACT
Wholly Amended by Presidential Decree No. 14327, Jul. 16, 1994
Amended by Presidential Decree No. 14978, Apr. 12, 1996
Presidential Decree No. 15598, Dec. 31, 1997
Presidential Decree No. 15782, Apr. 27, 1998
Presidential Decree No. 16113, Feb. 8, 1999
Presidential Decree No. 16370, May 27, 1999
Presidential Decree No. 16799, May 1, 2000
Presidential Decree No. 17326, Jul. 30, 2001
Presidential Decree No. 18239, Jan. 20, 2004
Presidential Decree No. 18911, jun. 30, 2005
Presidential Decree No. 19602, jun. 30, 2006
Presidential Decree No. 20184, Jul. 23, 2007
Presidential Decree No. 20330, Oct. 17, 2007
Presidential Decree No. 20506, Dec. 31, 2007
Presidential Decree No. 21928, Dec. 30, 2009
Presidential Decree No. 21961, Dec. 31, 2009
Presidential Decree No. 22269, Jul. 12, 2010
Presidential Decree No. 22825, Apr. 4, 2011
Presidential Decree No. 23488, Jan. 6, 2012
Presidential Decree No. 24076, Aug. 31, 2012
Presidential Decree No. 25840, Dec. 9, 2014
Presidential Decree No. 27123, May 3, 2016
Presidential Decree No. 27751, Dec. 30, 2016
The purpose of this Decree is to determine the matters delegated by the Employment Security Act and other matters necessary for the enforcement thereof. <Amended by Presidential Decree No. 19602, Jun. 30, 2006>
| Article 2 Deleted. <by Presidential Decree No. 15782, Apr. 27, 1998> |
| Article 2-2 (Holding Employment Exhibition, etc.) |
| (1) | When the Minister of Employment and Labor, the head of a central administrative agency concerned, or the head of a local government deems it necessary to perform the affairs under Article 3 of the Employment Security Act (hereinafter referred to as the "Act"), he/she may hold an employment exhibition or perform other activities, such as designating a day for job-seekers and job-offerers to meet with each other. <Amended by Presidential Decree No. 19602, Jun. 30, 2006; Presidential Decree No. 22269, Jul. 12, 2010> |
| (2) | The Minister of Employment and Labor or the head of a central administrative agency concerned may subsidize all or part of the incurred expenses to any person holding the employment exhibition or performing other activities, such as designating a day for job-seekers and job-offerers to meet with each other. <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
[This Article Newly Inserted by Presidential Decree No. 14978, Apr. 12, 1996]
| Article 2-3 (Support for Joint Projects with Private Sector) |
| (1) | "Institutions prescribed by Presidential Decree" in Article 3 (2) 4 of the Act means an institution falling under each of the following subparagraphs: <Amended by Presidential Decree No. 21961, Dec. 31, 2009; Presidential Decree No. 22269, Jul. 12, 2010> |
| 1. | Business owners’ organizations, workers’ organization, or federations of such organizations; |
| 3. | Non-profit and non-governmental organizations provided for in the Assistance for Non-profit, Non-Governmental Organizations Act, which meet the standards for organization and personnel determined and publicly announced by the Minister of Employment and Labor as being capable of performing their projects. |
| (2) | The Minister of Employment and Labor shall notify in advance the kinds and details of the projects subject to subsidization provided for in Article 3 (3) of the Act (hereinafter referred to as "projects subject to subsidization"), the levels and methods of subsidization, etc. <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
| (3) | Where a person who jointly performs a project subject to subsidization pursuant to Article 3 (2) of the Act after the public announcement referred to in paragraph (2) or a person entrusted with the project subject to subsidization (hereinafter referred to as "joint performer, etc.") files an application for subsidization provided for in Article 3 (3) of the Act, the Minister of Employment and Labor shall select joint performers eligible for subsidization, taking into account the matters falling under each of the following subparagraphs: <Amended by Presidential Decree No. 21961, Dec. 31, 2009; Presidential Decree No. 22269, Jul. 12, 2010> |
| 1. | Whether a joint performer, etc. is certified as an institution providing outstanding employment services provided for in Article 4-5 of the Act; |
| 2. | Whether a joint performer, etc. has received any administrative disposition provided for in Article 36 of the Act; |
| 3. | Whether a joint performer, etc. falls under the grounds of disqualification provided for in Article 38 of the Act. |
| (4) | Where a joint performer, etc. selected as a person eligible for subsidization pursuant to paragraph (3) receives compensation from job-offerers or job-seekers for job placement services, etc., the Minister of Employment and Labor may not provide subsidies. <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
[This Article Wholly Amended by Presidential Decree No. 20184, Jul. 23, 2007]
| Article 2-4 (Remuneration of Civilian Employment Counselor) |
| (1) | A civilian employment counselor placed pursuant to Article 4-4 of the Act shall be paid remuneration within budgetary limit. |
| (2) | The payment standards for remuneration under paragraph (1) shall be determined and publicly notified by the Minister of Employment and Labor. In such cases, he/she may take into account work experiences, qualification, etc. of civilian employment counselors and lay down the payment standards for remuneration in different grades. <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
[This Article Newly Inserted by Presidential Decree No. 18239, Jan. 20, 2004]
| Article 2-5 (Entrustment of Affairs Certifying Institutions Providing Outstanding Employment Services) |
The term "specialized institution prescribed by Presidential Decree" referred to in Article 4-5 (2) of the Act means an institution or organization falling under each of the following subparagraphs: <Amended by Presidential Decree No. 21928, Dec. 30, 2009; Presidential Decree No. 21961, Dec. 31, 2009; Presidential Decree No. 22269, Jul. 12, 2010> | 2. | A corporation or organization that meets the standards for organization and personnel determined and publicly notified by the Minister of Employment and Labor as being capable of performing the affairs certifying institutions providing outstanding employment services. |
[This Article Newly Inserted by Presidential Decree No. 20184, Jul. 23, 2007]
| Article 2-6 (Re-certification of Institutions Providing Outstanding Employment Services) |
Where a person who has been certified as an institution providing outstanding employment services pursuant to Article 4-5 (6) of the Act intends to be re-certified, he/she shall file an application with the Minister of Employment and Labor within 60 days prior to the expiration of the term of validity under Article 4-5 (5) of the Act. <Amended by Presidential Decree No. 22269, Jul. 12, 2010> [This Article Newly Inserted by Presidential Decree No. 21961, Dec. 31, 2009]
| Article 3 (Assignment of Staff-in-Charge) |
The head of an employment security office shall select a person with considerable knowledge and experience in the field of labor, from among the public officials under his/her jurisdiction, to take charge of job placement services for smooth job placement services.
| Article 4 (Procedure of Job Placement) |
| (1) | The head of each employment security office shall conduct job placement services according to the following procedures: <Amended by Presidential Decree No. 21961, Dec. 31, 2009> |
| 1. | Verification of basic matters necessary for job-offering and job-seeking; |
| 2. | Acceptance of an application for job-offering and job-seeking; |
| 3. | Consultation of job-offering and job-seeking; |
| 4. | Recommendation of jobs or job-seekers; |
| 5. | Confirmation of hiring or employment. |
| (2) | Matters necessary for the procedures of job placement under paragraph (1) shall be prescribed by Ordinance of the Ministry of Employment and Labor. <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
| Article 5 (Application for Job-offering) |
| (1) | An application for job-offering under Article 8 of the Act shall be submitted to the employment security office having jurisdiction over the place of business of a job-offerer: Provided, That if it is deemed inappropriate to submit an application to the employment security office having jurisdiction over the place of business, the application may be submitted to another employment security office nearby. |
| (2) | When accepting the application for job-offering by a job-offerer, the head of each employment security office may require the job-offerer to confirm his/her identification and details of his/her business registration. |
| (3) | Where the details of an application have been changed after the application, a job-offerer shall immediately notify thereof to the head of competent employment security office. |
| (4) | Where an application for job-offering is refused under the proviso to Article 8 of the Act, the head of competent employment security office shall explain the reasons thereof to the relevant job-offerer. |
| Article 6 (Application for Jobs) |
| (1) | If the head of an employment security office accepts the application for a job under Article 9 of the Act, he/she shall verify the identity of a job-seeker: Provided, That the confirmation may be waived if the identification of the job-seeker is clear. |
| (2) | If the application for a job is refused under the proviso to Article 9 (1) of the Act, the head of the competent employment security office shall explain the reasons thereof to the job-seeker. |
| (3) | The Minister of Employment and Labor may establish a separate procedure for the employment application and recommendation of temporary workers, such as daily employed workers. <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
| (4) | When the head of each employment security office accepts the application for a job, he/she shall verify a job-seeker's qualification to receive job-seeker allowances specified in Article 43 (1) of the Employment Insurance Act and, after it is confirmed, shall take necessary measures to pay the job-seeker allowances. <Amended by Presidential Decree No. 15782, Apr. 27, 1998; Presidential Decree No. 16799, May 1, 2000; Presidential Decree No. 19602, Jun. 30, 2006; Presidential Decree No. 20330, Oct. 17, 2007> |
| Article 7 (Matters to be Observed in Job Placement) |
When the head of each employment security office conducts job placement services under Article 11 of the Act, he/she shall observe the following matters: <Amended by Presidential Decree No. 21961, Dec. 31, 2009> | 1. | He/she shall not be biased against either job-seeker's or job-offerer's interests; |
| 2. | He/she shall explain in detail job descriptions, wages, working hours, and other working conditions to help a job-seeker adjust easily to the job. |
| Article 8 (Notice of Decision on Employment) |
When an employment security office recommends a job-seeker to a job-offerer, the job-offerer shall notify to the head of relevant employment security office whether to employ the relevant job-seeker.
| Article 9 (Vocational Guidance) |
| (1) | When the head of an employment security office provides vocational guidance to mentally or physically disabled persons (hereinafter referred to as "disabled persons") pursuant to Article 14 of the Act, he/she shall select an affiliated official with special knowledge and skills to take charge of such guidance. |
| (2) | Where it is deemed necessary to provide vocational guidance to disabled persons, the head of an employment security office may consign a specialized agency to undergo research and study about vocational guidance for disabled persons. |
| (3) | Where it is deemed necessary for a person who is hired after receiving vocational guidance to adjust easily to his/her job, the head of an employment security office may provide vocational guidance even after employment. <Amended by Presidential Decree No. 21961, Dec. 31, 2009> |
| (4) | If it is deemed necessary to effectively provide vocational guidance, the head of an employment security office may conduct a vocational aptitude test, interest test, vocational preference test, or other necessary tests for job-seekers. <Amended by Presidential Decree No. 16370, May 27, 1999> |
| Article 10 (Vocational Counseling) |
When the head of an employment security office provides vocational counseling, he/she shall consider the individual circumstances of job-seekers, and utilize employment information, information relevant to vocational ability development, and vocational aptitude testing, etc.
| Article 11 (Vocational Guidance for Students, etc.) |
The head of an employment security office may provide employment information and results of research and study regarding jobs to the heads of schools or the heads of public vocational training facilities, and may provide students, vocational trainees, etc. with necessary guidance for choosing their professions through vocational aptitude testing, group counseling, etc. pursuant to Article 15 of the Act, <Amended by Presidential Decree No. 16370, May 27, 1999; Presidential Decree No. 21961, Dec. 31, 2009>
| Article 12 (Contents, etc. of Employment Information) |
| (1) | The employment information to be collected or provided by the head of an employment security office pursuant Article 16 (1) of the Act, shall be as follows: <Amended by Presidential Decree No. 16370, May 27, 1999> |
| 1. | Economic and industry trends; |
| 2. | Labor market, employment and unemployment trends; |
| 3. | Working conditions, such as wages, working hours, etc.; |
| 4. | Information related to jobs; |
| 5. | Information regarding employment management, such as hiring, promotion, etc.; |
| 6. | Information regarding vocational ability development training; |
| 7. | Various support and subsidiary systems related to employment; |
| 8. | Information regarding job-offering and job-seeking. |
| (2) | No persons who receive information on job-offering and job-seeking from the head of an employment security office under Article 16 (1) of the Act, shall use the relevant information for any other purpose than job- offering, job-seeking, or job-placement. <Newly Inserted by Presidential Decree No. 14978, Apr. 12, 1996> |
| Article 13 (Development of Job-offering and Job-seeking) |
| (1) | The head of an employment security office shall develop job-offering by advertizing the intermediation of job-offering and job-seeking through visits to the places of business in his/her jurisdiction, telephone calls, newspapers, etc., and attending employers’ meetings. |
| (2) | The head of an employment security agency shall actively develop job-seeking by ascertaining persons who desire to find a job and holding employment exhibitions, etc. in cooperation with a Special Self-Governing Province or a Si/Gun/Gu (referring to an autonomous Gu; hereinafter the same shall apply), schools, etc., and promoting the use of the employment security office, etc. <Amended by Presidential Decree No. 16370, May 27, 1999; Presidential Decree No. 21961, Dec. 31, 2009> |
| Article 14 (Reporting on Free Job Placement Services) |
| (1) | Any person qualified to file a report on free job placement services referred to in Article 18 (1) of the Act shall be a non-profit corporation or public organization, the establishment purpose and business of which are suitable for free job placement services and, the organization and personnel of which are sufficient to maintain and manage the relevant business. <Amended by Presidential Decree No. 16370, May 27, 1999> |
| (2) | From among non-profit corporations under paragraph (1), the corporation whose members are engaged in business prohibited from concurrently conducting job placement services pursuant to Article 26 of the Act shall be restricted to a corporation that meets the requirements prescribed by Ordinance of the Ministry of Employment and Labor. <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
| (3) | "Public organization" referred to in paragraph (1) shall be the organization which is not a corporation and obtains authorization or permission from or notifies to the administration agency regarding establishment therof, and of which the activities are deemed to be public and social in nature. <Amended by Presidential Decree No. 15782, Apr. 27, 1998> |
| (4) | Necessary matters for the procedure of filing a report on free job placement services shall be prescribed by Ordinance of the Ministry of Employment and Labor. <Amended by Presidential Decree No. 16370, May 27, 1999; Presidential Decree No. 22269, Jul. 12, 2010> |
| Articles 15 and 16 Deleted. <by Presidential Decree No. 16370, May 27, 1999> |
| Article 17 (Prohibition of Use of Job Placement Services for Other Purposes) |
No person who provides free job placement services shall conduct free job placement services as means of recruiting members, enlarging organization, and propagation for the expansion of business other than job placement services.
| Article 18 (Establishment of Free Job Placement Service Offices at Two or More Locations in Special Self-Governing Province and Si/Gun/Gu) |
| (1) | Deleted. <by Presidential Decree No. 21961, Dec. 31, 2009> |
| (2) | Upon receiving a report on domestic free job placement services pursuant to Article 18 (1) of the Act, the head of a Si/Gun/Gu (referring to the head of an autonomous Gu; hereafter the same shall apply) having jurisdiction over the location of the main office shall notify the Special Self-Governing Province Governor or the head of a Si/Gun/Gu having jurisdiction over the locations of offices other than the main office of the fact within ten days from the report was filed, and the Special Self-Governing Province Governor or the head of a Si/Gun/Gu having jurisdiction over the location of each office may request mutual cooperation concerning the direction, supervision, etc. of the relevant free job placement services. <Amended by Presidential Decree No. 21961, Dec. 31, 2009> |
| (3) | The Special Self-Governing Province Governor or the head of a Si/Gun/Gu who receives a request under paragraph (2) shall comply with such request unless a special ground exists to the contrary. <Amended by Presidential Decree No. 21961, Dec. 31, 2009> |
[This Article Wholly Amended by Presidential Decree No. 16370, May 27, 1999]
| Articles 19 and 20 Deleted. <by Presidential Decree No. 16370, May 27, 1999> |
| Article 21 (Requirements, etc. for Registration of Fee-Charging Job Placement Services) |
| (1) | A persons qualified to register fee-charging job placement services under Article 19 (1) of the Act shall be limited to a person who falls under any of the following subparagraphs: Provided, That in cases of a corporation, it shall be limited to a company under the Commercial Act or a cooperative under subparagraph 1 of Article 2 of the Framework Act on Cooperatives (excluding a social cooperative under subparagraph 3 of the same Article) which is established to conduct job placement services, the paid-in capital of which is not less than fifty million won (when establishing not less than two places of business, additional payment of 20 million won for each additional place of business), and which has two or more executives falling under any of the following subparagraphs, or a workplace skill development training corporation under the Act on the Development of Vocational Skills of Workers, not less than two executives of which fall under any of the following subparagraphs: <Amended by Presidential Decree No. 14978, Apr. 12, 1996; Presidential Decree No. 15782, Apr. 27, 1998; Presidential Decree No. 16370, May 27, 1999; Presidential Decree No. 16799, May 1, 2000; Presidential Decree No. 18911, Jun. 30, 2005; Presidential Decree No. 19602, Jun. 30, 2006; Presidential Decree No. 20184, Jul. 23, 2007; Presidential Decree No. 21961, Dec. 31, 2009; Presidential Decree No. 27123, May 3, 2016> |
| 4. | A person with experience of being exclusively engaged in union affairs for not less than two years in a unit labor union with one hundred members or more, a labor union of industrial associated organizations, or a labor union of confederation of associated organizations; |
| 5. | A person with experience of being exclusively engaged in labor relations for not less than two years in a business or in a place of business with three hundred full-time workers or more; |
| 6. | A person with experience of working as a national or a local public official for not less than two years; |
| (2) | "Person prescribed by Presidential Decree, such as a person, etc, who is deemed to have experience, qualifications, or knowledge concerning job placement or job counseling" in the proviso to Article 19 (2) of the Act means a person falling under any of the subparagraph of paragraph (1). <Amended by Presidential Decree No. 21961, Dec. 31, 2009> |
| (3) | and (4) Deleted. <by Presidential Decree No. 14978, Apr. 12, 1996> |
| (5) | A person who intends to register fee-charging job placement services under Article 19 of the Act shall be equipped with such facilities prescribed by Ordinance of the Ministry of Employment and Labor. <Amended by Presidential Decree No. 15782, Apr. 27, 1998; Presidential Decree No. 16370, May 27, 1999; Presidential Decree No. 22269, Jul. 12, 2010> |
| (6) | Article 18 shall apply mutatis mutandis to registration, guidance, and supervision of domestic fee-charging job placement services under Article 19 (1) of the Act. <Newly Inserted by Presidential Decree No. 21961, Dec. 31, 2009> |
| Article 21-2 Deleted. <by Presidential Decree No. 21961, Dec. 31, 2009> |
| Article 22 Deleted. <by Presidential Decree No. 16370, May 27, 1999> |
| Article 23 Deleted. <by Presidential Decree No. 15782, Apr. 27, 1998> |
| Article 24 Deleted. <by Presidential Decree No. 14978, Apr. 12, 1996> |
| Article 25 (Matters to be Observed by Person Conducting Fee-Charging Job Placement Services) |
Under the provisions of Article 19 (6) of the Act, a person who conducts, and a person who is engaged in, fee-charging job placement services shall observe the following matters: <Amended by Presidential Decree No. 14978, Apr. 12, 1996; Presidential Decree No. 15782, Apr. 27, 1998; Presidential Decree No. 16370, May 27, 1999; Presidential Decree No. 21961, Dec. 31, 2009; Presidential Decree No. 22269, Jul. 12, 2010> | 1. | A person conducting job placement services (in cases of a juristic person, a person who meets the requirements of registration prescribed in Article 21 (1)) shall work and directly supervise his/her employees to prevent any illegality relating to job placement services; |
| 2. | Deleted; <by Presidential Decree No. 15782, Apr. 27, 1998> |
| 3. | He/she shall confirm permission, report, or registration of job-offerers, if their businesses are required to be permitted by, reported to, or registered with an administrative agency; |
| 4. | In cases of advertising job placement services, he/she shall describe the name, telephone number, location, and registration number of his/her job placement office; |
| 5. | Deleted; <by Presidential Decree No. 16370, May 27, 1999> |
| 6. | He/she shall receive fees under Article 19 (3) of the Act after a labor contract of a job-seeker is completed: Provided, That in cases of conducting job placement services for daily employed workers from whom a membership fee is collected, or for high-quality or professional human resources prescribed by Ordinance of the Ministry of Employment and Labor under the proviso to Article 19 (3) of the Act, this shall not apply; |
| 7. | Matters falling under any of the subparagraphs of Article 7; |
| 8. | Other matters prescribed by Ordinance of the Ministry of Employment and Labor, such as attachments, etc. of offices. |
| Article 26 (Application for Registration of Fee-Charging Job Placement Services and Names of Offices) |
Matters necessary for registration or change of registration of fee-charging job placement services, names of offices, and other matters regarding registration of fee-charging job placement services and their business operation shall be prescribed by Ordinance of the Ministry of Employment and Labor. <Amended by Presidential Decree No. 16370, May 27, 1999; Presidential Decree No. 22269, Jul. 12, 2010>
| Article 26-2 Deleted. <by Presidential Decree No. 20184, Jul. 23, 2007> |
| Article 27 (Reporting Procedures and Changes of Report on Business Providing Employment Information) |
| (1) | A person who desires to report a business of providing employment information pursuant to Article 23 (1) of the Act shall file with the Minister of Employment and Labor a report stating the following matters, accompanied by the documents prescribed by Ordinance of the Ministry of Employment and Labor. In such cases, where intending to establish two or more places of business providing employment information, he/she shall report each place of business: <Amended by Presidential Decree No. 14978, Apr. 12, 1996; Presidential Decree No. 21961, Dec. 31, 2009; Presidential Decree No. 22269, Jul. 12, 2010> |
| 1. | Address and name of a person who files a report (in cases of a juristic person, the name of the juristic person and the name of its representative); |
| 2. | Name and location of the place of business; |
| 3. | Means and scope of providing employment information; |
| 4. | Whether to receive fees for providing employment information; |
| 5. | Where intending to establish a branch, the representative, location, and affairs of the branch. |
| (2) | A person who has reported business providing employment information pursuant to paragraph (1) shall commence the reported business within six months from the date of reporting. <Amended by Presidential Decree No. 14978, Apr. 12, 1996> |
| (3) | Where a person who has reported pursuant to paragraph (1) changes the matters described on the report (excluding the address of a person who files a report), he/she shall submit a report on the changed matters to the Minister of Employment and Labor within ten days from the date the matters are changed. <Amended by Presidential Decree No. 14978, Apr. 12, 1996; Presidential Decree No. 21961, Dec. 31, 2009; Presidential Decree No. 22269, Jul. 12, 2010> |
| (4) | Necessary matters for a report on business providing employment information and other necessary matters for reports shall be prescribed by Ordinance of the Ministry of Employment and Labor. <Amended by Presidential Decree No. 14978, Apr. 12, 1996; Presidential Decree No. 22269, Jul. 12, 2010> |
| Article 28 (Matters to be Observed by Businesses Providing Employment Information) |
Matters to be observed by a person who runs business providing employment information and his/her employees under Article 25 of the Act are as follows: <Amended by Presidential Decree No. 15782, Apr. 27, 1998; Presidential Decree No. 20184, Jul. 23, 2007> | 1. | He/she shall not publish job offer advertisements in which the identity of a job-offerer is uncertain because the name of business (or the name of the job-offerer) is not written or because the corresponding address is marked as a post-office box; |
| 2. | When placing an advertisement for job-seeking or job-offering in employment information media, he/she shall enter the address and telephone number of a job-offerer or job-seeker in such advertisement and shall not enter the address and telephone number of his/her business; |
| 3. | He/she shall not use the expression "(free) vocational counseling," "vocational recommendation," "vocational support," etc. on an advertisement in employment information media or on an advertisement of business of providing employment information; |
| 4. | He/she shall not send the curriculum vitae of a job-seeker in place of the job-seeker or issue a letter of employment recommendation to a job-seeker; |
| 5. | He/she shall indicate a report number granted under Article 23 of the Act in employment information media in a manner that can be easily noticed by users of information; |
| Articles 29 and 30 Deleted. <by Presidential Decree No. 16370, May 27, 1999> |
| Article 31 (Reporting and Registration for Recruitment of Persons to Work Overseas) |
| (1) | A person who has recruited workers to work overseas pursuant to Article 30 (1) of the Act shall submit to the Minister of Employment and Labor a report stating the following matters, accompanied by the documents prescribed by Ordinance of the Ministry of Employment and Labor within 15 days from the date of recruitment: <Amended by Presidential Decree No. 15782, Apr. 27, 1998; Presidential Decree No. 22269, Jul. 12, 2010> |
| 1. | Name, location, and representative of the place of business of a recruiter; |
| 2. | Number of workers to be recruited and their working conditions; |
| 3. | Current business status of a recruiter (a job-offerer or a person requesting recruitment, where a person who conducts overseas fee-charging job placement services or a person who conducts overseas labor supply business recruits workers). |
| (2) | Deleted. <by Presidential Decree No. 15782, Apr. 27, 1998> |
| (3) | Where it is deemed necessary to smoothly recruit workers pursuant to Article 30 of the Act, the Minister of Employment and Labor may have workers who desire to work overseas register in advance. <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
| (4) | Matters necessary for the registration and management of workers pursuant to paragraph (3) shall be determined separately by Minister of Employment and Labor. <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
| (5) | Matters necessary for a report on recruitment of persons to work overseas and other necessary matters concerning recruitment shall be prescribed by Ordinance of the Ministry of Employment and Labor. <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
| Article 32 (Recommendation in Writing of Recruitment Method, etc.) |
Where the Minister of Employment and Labor recommends the improvement of recruitment method, etc. pursuant to Article 31 (1) of the Act, he/she shall clearly specify matters to be recommended, a period of improvement, etc. in writing. <Amended by Presidential Decree No. 22269, Jul. 12, 2010>
| Article 33 (Labor Supply Business) |
| (1) | Where a person intends to engage in a labor supply business, he/she shall submit to the Minister of Employment and Labor a permission application stating the following matters, accompanied by documents prescribed by Ordinance of the Ministry of Employment and Labor pursuant to Article 33 (1) of the Act. The same shall apply to the change of important matters, from among the permitted matters, prescribed by Ordinance of the Ministry of Employment and Labor, such as types of occupations of the workers to be supplied and service area: <Amended by Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 22825, Apr. 4, 2011> |
| 1. | Name, location, and representative of the place of business; |
| 3. | Number of businesses subject to labor supply. |
| (2) | Where any of the following matters is changed, from among permitted matters, a person who engages in a labor supply business shall inform the Minister of Employment and Labor of such fact, as prescribed by Ordinance of the Ministry of Employment and Labor: <Newly Inserted by Presidential Decree No. 22825, Apr. 4, 2011> |
| 1. | Name of the business operator; |
| 2. | Location of the place of business. |
| (3) | A person who intends to engage in an overseas labor supply business shall be equipped with all the following assets and facilities as prescribed by Article 33 (5) of the Act: <Amended by Presidential Decree No. 21961, Dec. 31, 2009; Presidential Decree No. 22825, Apr. 4, 2011> |
| 1. | Capital of at least 100 million won (referring to the aggregate of capital on the balance sheet in cases of a non-profit corporation); |
| 2. | An office located in Korea, which has an independent space that allows a business talk between at least two persons. |
| (4) | Deleted. <by Presidential Decree No. 21961, Dec. 31, 2009> |
| (5) | Deleted. <by Presidential Decree No. 14978, Apr. 12, 1996> |
| (6) | Deleted. <by Presidential Decree No. 20184, Jul. 23, 2007> |
| (7) | Deleted. <by Presidential Decree No. 21961, Dec. 31, 2009> |
| Article 34 (Scope, etc. of False Job-offering Advertisement) |
When job-offering advertisements or job descriptions are placed on newspapers, magazines and other periodicals, wire or wireless broadcasts, computer networks, signboards, posters, and other advertisement methods, the scope of false job offer advertisements or false job descriptions under Article 34 of the Act shall be as follows: <Amended by Presidential Decree No. 21961, Dec. 31, 2009> | 1. | Advertisements for sales of articles, recruitment of trainees, job placement, intermediation of side business, collection of contributions, in disguise of job-offering; |
| 2. | Advertisements without information on the identity of a job-offerer (referring to his/her trade name or name) for the purpose of false job-offering; |
| 3. | Advertisements of which the occupational categories, the term of employment, working conditions, etc. presented by a job-offerer are substantially different from those offered at the time of application; |
| 4. | Advertisements of which important information is different from the actual facts. |
| Article 34-2 (Deposition, Withdrawal, etc. of Deposit Money) |
| (1) | Under Article 34-2 of the Act, a person who conducts domestic fee-charging job placement services shall deposit ten million won by place of business, a person who conducts overseas fee-charging job placement services shall deposit 100 million won, and a person who engages in overseas labor supply business shall deposit 200 million won in a financial institution or purchase guarantee insurance: Provided, That a person who conducts overseas fee-charging job placement services only for overseas trainees shall deposit 50 million won in a financial institution or purchase guarantee insurance. <Amended by Presidential Decree No. 16113, Feb. 8, 1999; Presidential Decree No. 16370, May 27, 1999> |
| (2) | Where the period of deposition of the deposit money or the period of guarantee of guarantee insurance expires, he/she shall re-deposit the money under paragraph (1) or renew guarantee insurance by the expiration date of the relevant period and submit the documentary evidence to the registration agency or the permitting agency within ten days. <Amended by Presidential Decree No. 16370, May 27, 1999> |
| (3) | Where a person who conducts fee-charging job placement services or overseas labor supply business under paragraphs (1) and (2) deposits money in financial institutions, he/she shall have the head of the registration agency or the permitting agency as a joint deposit holder, and where purchasing guarantee insurance, the head of the registration agency or the permitting agency shall be the insured. <Amended by Presidential Decree No. 15782, Apr. 27, 1998; Presidential Decree No. 16370, May 27, 1999> |
| (4) | Where a worker or a person who received recommendation for and was supplied with workers suffers damages due to fee-charging job placement services or overseas labor supply business and desires to be compensated by the deposited money or guarantee insurance because the person conducting services or business does not comply with the request for compensation, he/she may request cooperation to the registration agency or the permitting agency by submitting the written agreement between the relevant worker or the person who received recommendation for and was supplied with workers and the person who conducts the services or business for claim for damage and compensation, protocol of settlement, copy of the final decision of the court and other correspondingly effective documentations. <Amended by Presidential Decree No. 16370, May 27, 1999> |
| (5) | Where a person who conducts fee-charging job placement services or overseas labor supply business pays for damages relating to the job placement and labor supply with deposit money or guarantee insurance, he/she shall deposit the insufficient amount for the deposited money or renew guarantee insurance within seven days. |
[This Article Newly Inserted by Presidential Decree No. 14978, Apr. 12, 1996]
| Article 35 Deleted. <by Presidential Decree No. 15598, Dec. 31, 1997> |
| Article 36 (Written Notices) |
Where the Minister of Employment and Labor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu intends to take any measure for closure under Article 37 of the Act, he/she shall provide written notice (including an electronic form defined in subparagraph 1 of Article 2 of the Framework Act on Electronic Documents and Transactions, where persons conducting the relevant business or their agencies want such form) to persons who provide the relevant services or their agents in advance: Provided, That this shall not apply where any urgent reason exists. <Amended by Presidential Decree No. 16370, May 27, 1999; Presidential Decree No. 20506, Dec. 31, 2007; Presidential Decree No. 21961, Dec. 31, 2009; Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 24076, Aug. 31, 2012>
| Article 37 (Delegation of Authority) |
The Minister of Employment and Labor, pursuant to Article 44 of the Act, shall delegate the following authority to the head of an employment security office: <Amended by Presidential Decree No. 14978, Apr. 12, 1996; Presidential Decree No. 15782, Apr. 27, 1998; Presidential Decree No. 16370, May 27, 1999; Presidential Decree No. 21961, Dec. 31, 2009; Presidential Decree No. 22269, Jul. 12, 2010> | 5. | Acceptance of a report on discontinuation of business providing employment information and labor supply business under Article 35 of the Act; |
| 6. | Deleted; <by Presidential Decree No. 14978, Apr. 12, 1996> |
| 7. | Measures for closure under Article 37 of the Act (excluding measures for closure of domestic free or fee-charging job placement services); |
| 8. | Reporting order, inspection, etc. under Article 41 of the Act (excluding a reporting order, inspection, etc. for domestic free or fee-charging job placement services); |
| 9. | Deleted; <by Presidential Decree No. 14978, Apr. 12, 1996> |
| 10. | Imposition and collection of administrative fines under Article 50 of the Act (excluding the imposition and collection of administrative fines on domestic free or fee-charging job placement services). |
| Article 37-2 (Establishment of Business Operators’ Association) |
| (1) | When a person who conducts job placement services, business providing employment information, or labor supply business (hereinafter referred to as "business operators") establishes a business operators’ association by business pursuant to Article 45-2 (1) of the Act, not less than 30 promoters of the business operators shall prepare the articles of association, and, after undergoing a resolution by majority of business operators present at the inaugural general meeting attended by not less than 30 business operators, obtain an authorization for establishment from the Minister of Employment and Labor. <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
| (2) | Matters necessary for application procedures for an authorization of establishment of the business operators’ association and the matters, etc. to be stated in its articles of association shall be provided by Ordinance of the Ministry of Employment and Labor. <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
[This Article Newly Inserted by Presidential Decree No. 19602, Jun. 30, 2006]
| Article 37-3 (Business of Business Operators’ Association) |
The business operators’ association shall perform the following business in order to achieve the purposes referred to in Article 45-2 (1) of the Act: <Amended by Presidential Decree No. 21961, Dec. 31, 2009> | 1. | Promoting the sound development and common profits of business operators; |
| 2. | Providing guidance, education, and training for improvement of quality of the business operators and their employees; |
| 3. | Enacting and practicing the ethics charter of business operators; |
| 5. | Other business necessary for the achievement of the purpose of establishment of the business operators’ association. |
[This Article Newly Inserted by Presidential Decree No. 19602, Jun. 30, 2006]
| Article 37-4 (Processing of Sensitive Information and Personally Identifiable Information) |
The Minister of Employment and Labor (including persons to whom the authority of the Minister of Employment and Labor is delegated or entrusted pursuant to Articles 3 (2), 4-5 (2) of the Act and Article 37 of this Decree), the head of an employment security office, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu (including persons to whom their authority is delegated or entrusted, where such authority is delegated or entrusted) may process the data which contains health information under Article 23 of the Personal Information Protection Act, information constituting criminal history records under subparagraph 2 of Article 18 of the Enforcement Decree of the Personal Information Protection Act, and resident registration numbers, passport numbers, or alien registration numbers under subparagraph 1 or 4 of Article 19 of the same Decree, if it is inevitable to perform the following affairs: | 1. | Affairs concerning the certification and re-certification of institutions providing outstanding employment services under Article 4-5 of the Act; |
| 3. | Affairs concerning reports on free job placement services and changes thereof under Article 18 of the Act; |
| 4. | Affairs concerning registration of fee-charging job placement services and changes thereof under Article 19 of the Act; |
| 5. | Affairs concerning reports on business providing employment information and changes thereof under Article 23 of the Act; |
| 6. | Affairs concerning permission for labor supply business and the renewal of permission therefor under Article 33 of the Act; |
| 7. | Affairs concerning reports on discontinuation of job placement services, business providing employment information, and labor supply business under Article 35 of the Act; |
| 8. | Affairs concerning inquiries into grounds for disqualification of a person who has filed reports, registrations, or applied for permission for labor supply business under Article 38 of the Act; |
| 11. | Affairs concerning authorization for establishment of a business operators’ association under Article 37-2. |
[This Article Newly Inserted by Presidential Decree No. 23488, Jan. 6, 2012]
| Article 37-5 (Re-Examination of Regulations) |
The Minister of Employment and Labor shall examine the appropriateness of the prohibition of use of job placement services for other purposes referred to in Article 17 every three years, counting from the base date of January 1, 2017 (referring to the period that ends on the day before January 1 of every three years), and shall take measures, such as making improvements. <Amended by Presidential Decree No. 27751, Dec. 30, 2016> [This Article Newly Inserted by Presidential Decree No. 25840, Dec. 9, 2014]
| Article 38 (Criteria for Imposition of Administrative Fines) |
[This Article Wholly Amended by Presidential Decree No. 22825, Apr. 4, 2011]
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Necessary Conditions for Qualification for Domestic Fee-Charging Job Placement Services)
Notwithstanding Article 21 (1), former provisions shall apply to necessary qualification for a person who has obtained permission for domestic job placement services pursuant to the former Act as at the time this Act enters into force (an executive in cases of a juristic person), if he/she continues to conduct such services with the same business: Provided, That if a corporation desires to re-appoint the representative or two executives who meet the qualification under the former Act (one person in cases where the representative meets the qualification under the former provisions or is replaced by a person who falls under any of the subparagraphs of Article 21 (1)), such representative and executives shall fall under any of the subparagraphs of Article 21 (1). Article 3 (Repeal and Amendments of other Statutes)
| (1) | The regulations of the Employment Security Committee shall be hereby repealed. |
Article 4 (Relationship with Other Statutes)
As at the time this Decree enters into force, if other statutes cite any provision of the former Enforcement Decree of the Act on Employment Security and Promotion, such statutes shall be regarded to have cited the corresponding provisions of this Decree in lieu of the former provisions.
ADDENDA <Presidential Decree No. 14978, Apr. 12, 1996>
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation. |
| (2) | (Transitional Measures concerning Required Conditions for Permission for Domestic Fee-Charging Job Placement Services) Any person who has obtained permission or permission for renewal under the former provisions as at the time this Decree enters into force shall be considered to have obtained permission or permission for renewal under this Decree, and if he/she intends to obtain permission for renewal to continue domestic fee-charging job placement services, even after the permission or permission for renewal has been expired, he/she shall be deemed to have met the necessary conditions for permission for domestic fee-charging job placement services, notwithstanding the amended provisions of Article 21 (1). |
ADDENDUM <Presidential Decree No. 15598, Dec. 31, 1997>
This Decree shall enter into force on January 1, 1998.
ADDENDA <Presidential Decree No. 15782, Apr. 27, 1998>
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation. |
| (2) | (Transitional Measure concerning Placement of Deposit Money) If a person who conducts overseas fee-charging job placement services or overseas labor supply business places the deposit money in financial institutions or purchases guarantee insurance fails to place the deposit money in financial institutions with the head of the permitting agency as a joint deposit holder, or fails to designate the head of the permitting agency as the insured, they shall make corrections in accordance with the amended provisions of Article 34-2 (3) within six months after this Decree enters into force. |
ADDENDUM <Presidential Decree No. 16113, Feb. 8, 1999>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 16370, May 27, 1999>
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation. |
| (2) | (Transitional Measures concerning Personnel Bank Operation Support Council) The Personnel Bank Operation Support Council organized under the provisions of Article 12 (2) of the Enforcement Decree of the Worker’s Living Standard Improvement and Employment Stabilization Act as at the time this Decree enters into force shall be considered to have been organized by the amended provisions of Article 2-3. |
ADDENDUM <Presidential Decree No. 16799, May 1, 2000>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 17326, Jul. 30, 2001>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 18239, Jan. 20, 2004>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 18911, Jun. 30, 2005>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2005.
Articles 2 through 6 Omitted.
ADDENDUM <Presidential Decree No. 19602, Jun. 30, 2006>
This Decree shall enter into force on July 1, 2006.
ADDENDA <Presidential Decree No. 20184, Jul. 23, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Requirements for Registering Fee-Charging Job Placement Services)
| (1) | A person who files an application for registration of fee-charging job placement services as at the time this Decree enters into force shall be governed by the former provisions, notwithstanding the amended provisions of Article 21 (1) 8. |
| (2) | A person who conducts fee-charging job placement services after having his/her fee-charging job placement services registered pursuant to the former provisions of Article 21 (1) 8 as at the time this Decree enters into force, shall be deemed to fully meet the requirements for registering fee-charging job placement services, notwithstanding the amended provisions of the same subparagraph. |
ADDENDA <Presidential Decree No. 20330, Oct. 17, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force beginning on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 11 Omitted.
ADDENDUM <Presidential Decree No. 20506, Dec. 31, 2007>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 21928, Dec. 30, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2010.
Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 21961, Dec. 31, 2009>
This Decree shall enter into force on January 10, 2010.
ADDENDA <Presidential Decree No. 22269, Jul. 12, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Presidential Decree No. 22825, Apr. 4, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Administrative Fines)
| (1) | Notwithstanding the amended provisions of the attached Table, the application of the criteria for imposition of administrative fines against an offense committed before this Decree enters into force shall be governed by the former provisions. |
| (2) | Imposition of administrative fines against offenses committed before this Decree enters into force shall be disregarded for the purpose of calculating the number of offenses under the amended provisions of the attached Table. |
ADDENDA <Presidential Decree No. 23488, Jan. 6, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Presidential Decree No. 24076, Aug. 31, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 2, 2012. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 25840, Dec. 9, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2015.
Articles 2 through 16 Omitted.
ADDENDUM <Presidential Decree No. 27123, May 3, 2016>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 27751, Dec. 30, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2017. (Proviso Omitted.)
Articles 2 through 12 Omitted.