ENFORCEMENT RULE OF THE ACT ON THE EMPLOYMENT OF FOREIGN WORKERS.
Ordinance Of the Employment and Labor No. 209, Apr. 30, 2004
Amended by Ordinance Of the Employment and Labor No. 221, Mar. 12, 2005
Ordinance Of the Employment and Labor No. 254, jun. 30, 2006
Ordinance Of the Employment and Labor No. 255, Jul. 19, 2006
Ordinance Of the Employment and Labor No. 268, Mar. 2, 2007
Ordinance Of the Employment and Labor No. 275, jun. 1, 2007
Ordinance Of the Employment and Labor No. 327, Jul. 8, 2009
Ordinance Of the Employment and Labor No. 342, Apr. 12, 2010
Ordinance Of the Employment and Labor No. 1, Jul. 12, 2010
Ordinance Of the Employment and Labor No. 29, Jul. 5, 2011
Ordinance Of the Employment and Labor No. 53, May 14, 2012
Ordinance Of the Employment and Labor No. 94, Dec. 30, 2013
Ordinance Of the Employment and Labor No. 103, Jul. 28, 2014
Ordinance Of the Employment and Labor No. 109, Sep. 30, 2014
Ordinance Of the Employment and Labor No. 117, Dec. 31, 2014
Ordinance Of the Employment and Labor No. 137, Oct. 22, 2015
Ordinance Of the Employment and Labor No. 143, Dec. 30, 2015
Ordinance Of the Employment and Labor No. 179, Feb. 3, 2017
Ordinance Of the Employment and Labor No. 181, Feb. 28, 2017
CHAPTER I GENERAL PROVISIONS
[This Article Wholly Amended by Ordinance of the Ministry of Labor No. 342, Apr. 12, 2010]
CHAPTER II PROCEDURES FOR EMPLOYMENT OF FOREIGN WORKERS
| Article 2 (Job Placement) |
[This Article Wholly Amended by Ordinance of the Ministry of Labor No. 342, Apr. 12, 2010]
| Articles 3 and 4 Deleted. <by Ordinance of the Ministry of Labor No. 254, Jun. 30, 2006> |
| Article 5 (Issuance of Written Employment Permit) |
| (1) | Where an employer applies for an employment permit for foreign workers in accordance with Article 8 (1) of the Act, he/she shall file an application for issuance of a written employment permit for foreign workers prescribed in Appendix 4 with the head of an employment security office having jurisdiction over the location of the relevant business or workplace (hereinafter referred to as the "head of the competent employment security office of the relevant location") within three months after the intended period for recruitment of nationals under Article 5-2 has expired, together with documents proving the satisfaction of the requirements in subparagraph 1 of Article 13-4 of the Decree of the Act on the Employment, etc. of Foreign Workers (hereinafter referred to as the "Decree"). |
| (2) | Where the head of the competent employment security office of the relevant location recommends foreign job-seekers to an employer pursuant to Article 8 (3) of the Act, he/she shall recommend at least three times the number of persons to be recruited, from among the number of eligible job-seekers who meet such requirements for recruitment as requested by the employer: Provided, That where the number of eligible persons is less than three times the number of persons to be recommended, such eligible persons shall be recommended. |
| (3) | An employer shall select foreign workers from among the eligible persons recommended pursuant to paragraph (2) within three months after applying for the issuance of employment permits for foreign workers pursuant to paragraph (1), and an employer who has not employed foreign workers from among eligible persons within such period shall, where intending to employ foreign workers, make an reapplication for an employment permit for foreign workers. |
[This Article Wholly Amended by Ordinance of the Ministry of Labor No. 342, Apr. 12, 2010]
| Article 5-2 (Period for Endeavoring to Recruit Nationals) |
| (1) | The phrase "period prescribed by Ordinance of the Ministry and Labor" referred to in subparagraph 2 of Article 13-4 of the Decree means a period under the following classifications: <Amended by Ordinance of the Ministry of Employment and Labor No. 143, Dec. 30, 2015> |
| 1. | Agriculture, livestock and fisheries: 7 days; |
| 2. | Categories of business other than those referred to in subparagraph 1: 14 days. |
| (2) | Notwithstanding paragraph (1), the period referred to in subparagraph 1 of paragraph (1) may be reduced to 3 days and the period referred to in subparagraph 2 of paragraph (1) may be reduced to 7 days, respectively, in cases falling under any of the following subparagraphs: |
| 1. | Where the head of the employment security office having jurisdiction over the relevant location recognizes the employer's active endeavor to recruit nationals, as a result of reviewing a certificate of endeavoring to recruit nationals in attached Form 5-2 submitted by the employer; |
| 2. | Where the employer has endeavored to make public the recruitment of nationals for at least three days through any of the following media while endeavoring to recruit nationals through the employment security office having jurisdiction over the relevant location; |
[This Article Wholly Amended by Ordinance of the Ministry of Employment and Labor No. 143, Dec. 30, 2015]
| Article 6 (Re-issuance of Written Employment Permits) |
Where intending to be reissued a written employment permit for a foreign worker pursuant to Article 14 (2) of the Decree, an employer shall file an application for re-issuance of a written employment permit for a foreign worker in Appendix 4 with the head of the competent employment security office of the relevant location within seven days from the date of becoming aware of the occurrence of any ground for re-issuance, together with the following documents: | 1. | The original written employment permit for a foreign worker; |
| 2. | A document proving the satisfaction of the requirement of the subparagraph 1 of Article 13-4 of the Decree (limited to where the type and size of the business and workplace is different form those at the time of issuance of the initial written employment permit). |
[This Article Wholly Amended by Ordinance of the Ministry of Labor No. 342, Apr. 12, 2010]
| Article 7 Deleted. <by Ordinance of the Ministry of Labor No. 254, Jun. 30, 2006> |
| Article 8 (Standard Employment Contract) |
A standard employment contract under Article 9 (1) of the Act shall be as specified in attached Form 6, and that in the sectors of agriculture, animal husbandry and fisheries shall be as specified in attached Form 6-2. <Ordinance of the Ministry of Employment and Labor No. 137, Oct. 22, 2015; Ordinance of the Ministry of Employment and Labor No. 81, Feb. 28, 2017> [This Article Wholly Amended by Ordinance of the Ministry of Labor No. 342, Apr. 12, 2010]
| Article 9 (Permission for Extension of Employment Permit Period) |
| (1) | Where an employer intends to receive permission for the extension of the employment permit period pursuant to Article 17 (2) of the Decree, he/she shall file an application for extension of the employment permit period in Appendix 7 with the head of the competent employment security office of the relevant location, together with the following documents. In such cases, the head of the competent employment security office of the relevant location shall confirm the business registration certificate through the common use of administrative information under Article 36 (1) of the Electronic Government Act, and shall, where the applicant withholds consent to the confirmation of the business registration certificate, have that applicant attach the relevant documents: <Amended by Ordinance of the Ministry of Employment and Labor No. 53, May 14, 2012; Ordinance of Employment and Labor No. 103, Jul. 28, 2014.> |
| 1. | A copy of the renewed employment contract; |
| 2. | Deleted: <by Ordinance of the Ministry of Employment and Labor No. 103, Jul. 28, 2014> |
| 4. | A copy of the first page of the passport. |
| (2) | The head of the competent employment security office of the relevant location in receipt of an application for extension of the employment permit period under paragraph (1) shall issue a written employment permit for foreign workers in Appendix 5, specifying the extended days of the employment permit period within seven days form the date of application. |
[This Article Wholly Amended by Ordinance of the Ministry of Labor No. 342, Apr. 12, 2010]
| Article 10 (Time Limit for Completion of Employment Training for Foreign Workers) |
"Period prescribed by Ordinance of the Ministry of Employment and Labor' in Article 11 (1) of the Act refers to 15 days. <Amended by Ordinance of the Ministry of Employment and Labor No. 1, Jul. 12, 2010> [This Article Wholly Amended by Ordinance of the Ministry of Labor No. 342, Apr. 12, 2010]
| Article 11 (Hours, Curriculum, etc. of Employment Education of Foreigners) |
| (1) | An educational institution for employment for foreigners under Article 18 of the Decree shall report the matters determined by the Minister of Employment and Labor, such as an implementation plan for employment education for foreigners for the relevant year, within one month after publishing a plan for introducing foreign workers under Article 5 (1) and (2) of the Act, and shall, in case of changing any of such matters, report the changed matter to the said Minister without delay. <Amended by Ordinance of the Ministry of Employment and Labor No. 1, Jul. 12, 2010; Ordinance of the Ministry of Employment and Labor No. 143, Dec. 30, 2015> |
| (2) | The hours of employment education of foreigners shall be at least 16 hours: Provided, That where a foreigner who re-enters Korea via the legal procedures after the period of his/her employment activities of Articles 18 and 18-2 of the Act has expired, the hours of employment education of him/her may be reduced to less than 16 hours. <Amended by Ordinance of the Ministry of Employment and Labor No. 29, Jul. 5, 2011> |
| (3) | The curriculum of employment education of foreigners shall include the following matters: Provided, That employment education on the content falling under subparagraph 1 and 5 shall be omitted for foreign workers who reenter the Republic of Korea after having left it due to the expiration of the permissible employment period pursuant to Articles 18 and 18-2 of the Act, and are eligible to enjoy special treatment with respect to employment of foreign workers under Article 19 of the Decree: <Amended by Ordinance of the Ministry of Employment and Labor No. 1, Jul. 12, 2010; Ordinance of the Ministry of Employment and Labor No. 143, Dec. 30, 2015> |
| 1. | Matters concerning basic job skills by type of business necessary for employment activities; |
| 2. | Matters concerning the system for employment permits for foreign workers; |
| 3. | Matters concerning occupational safety and health; |
| 5. | Matters concerning the culture and life in Korea; |
| 6. | Other matters recognized by the Minister of Employment and Labor as necessary for employment activities. |
| (4) | Expenses incurred in employment education of foreigners shall be borne by employers: Provided, That this shall not apply to any expense incurred in employment education for those persons falling under Article 19 of the Decree. |
| (5) | Where a foreign worker has completed the employment education of foreigners, the head of an educational institution for employment of foreigners shall issue a completion certificate of employment education of foreigners in Appendix 8. |
| (6) | Where the head of an education institution for employment of foreigners conducts employment education of foreigners, he/she shall report the result thereof to the Minister of Employment and Labor without delay. <Amended by Ordinance of the Ministry of Employment and Labor No. 1, Jul. 12, 2010> |
[This Article Wholly Amended by Ordinance of the Ministry of Labor No. 342, Apr. 12, 2010]
| Article 12 (Application for Employment) |
A person who intends to file a job application pursuant to Article 12 (2) of the Act shall submit an application for job-seeking in Appendix 9 to the head of the competent employment security office of the relevant location, together with the following documents: <Amended by Ordinance of the Ministry of Employment and Labor No. 53, May 14, 2012> | 1. | A copy of the foreigner registration card or a copy of the first page of the passport; |
[This Article Wholly Amended by Ordinance of the Ministry of Labor No. 342, Apr. 12, 2010]
| Article 12-2 (Issuance of Written Certification of Exceptionally Permissible Employment) |
| (1) | An employer who intends to file an application for certification of exceptionally permissible employment pursuant to the former part of Article 12 (3) of the Act shall file an application for issuance of a written certification of exceptionally permissible employment in Appendix 10 with the head of the competent employment security office of the relevant location, together with documents proving the fulfillment of the requirements under Article 13-4 of the Decree which applies mutatis mutandis in accordance with Article 20 (1) of the Decree. |
| (2) | The head of the competent employment security office of the relevant location in receipt of an application pursuant to paragraph (1) shall, where as, a result of reviewing the application, it satisfies the relevant requirements, issue a written certification of exceptionally permissible employment in Appendix 10-2, within seven days from the date of application. |
[This Article Wholly Amended by Ordinance of the Ministry of Labor No. 342, Apr. 12, 2010]
| Article 12-3 (Report of Commencement of Employment) |
An employer subject to reporting the commencement of employment pursuant to Article 12 (4) of the Act shall submit a report of the commencement of employment of an exceptionally employed foreign worker in Appendix 11' to the head of the competent employment security office of the relevant location within 14 days from the date the foreign worker' employment has commenced, together with the following documents: <Amended by Ordinance of the Ministry of Employment and Labor No. 53, May 14, 2012, Ordinance of the Ministry of Employment and Labor No. 109, Sep. 30, 2014> | 1. | A copy of the standard employment contract; |
| 2. | A copy of the foreigner registration card; |
| 3. | A copy of the first page of the passport. |
[This Article Wholly Amended by Ordinance of the Ministry of Labor No. 342, Apr. 12, 2010]
| Article 13 (Confirmation of Change of Certification of Exceptionally Permissible Employment) |
| (1) | "Important matters prescribed by Ordinance of the Ministry of Employment and Labor" in Article 20-2 (1) of the Decree refers to any of the following matters: <Amended by Ordinance of the Ministry of Employment and Labor No. 1, Jul. 12, 2010> |
| 1. | Number of foreign workers to be employed in the business or workplace; |
| 2. | Type and scale of the business or workplace. |
| (2) | An employer subject to verification of the change of a written certification of exceptionally permissible employment pursuant to Article 20-2 (1) of the Decree shall submit an application for a written certification of exceptionally permissible employment in Appendix 10 to the head of the competent employment security office of the relevant location, together with the following documents: |
| 1. | The original written certification of exceptionally permissible employment of foreign workers; |
| 2. | A document proving the necessity to change any matter falling under any of the subparagraphs of paragraph (1). |
| (3) | Where, as a result of reviewing the application for change of a written certification of exceptionally permissible employment, it is deemed necessary to change any matter falling under any of the subparagraphs of paragraph (1), the head of the competent employment security office of the relevant location in receipt of an application pursuant to paragraph (2) shall issue a certification of the change of exceptionally permissible employment in Appendix 10-2, within seven days from the date of application for change. |
[This Article Wholly Amended by Ordinance of the Ministry of Labor No. 342, Apr. 12, 2010]
CHAPTER III MANAGEMENT OF EMPLOYMENT OF FOREIGN WORKERS
| Article 14 (Reporting on Change of Employment) |
Within fifteen days after any ground falling under Article 17 (1) of the Act occurs or an employer has become aware of occurrence of such ground, he/she submit a report on employment change, etc. of a foreign worker in Appendix 12 or a report of change of information on the workplace employing a foreign worker in Appendix 12-2, specifying the fact to the head of the competent employment security office of the relevant location. <Amended by Ordinance of the Ministry of Employment and Labor No. 103, Jul. 28, 2014> [This Article Wholly Amended by Ordinance of the Ministry of Labor No. 342, Apr. 12, 2010]
| Article 14-2 (Special Procedures concerning Restriction on Period of Employment Activities) |
| (1) | An employer who intends to obtain a permit for re-employment under Article 18-2 of the Act shall, as far as a foreign worker whose employment contract is still effective for at least one month until the expiry date of the period of employment activities, submit an application for extension of the period of employment activities of a person whose period of employment has expired in Appendix 12-3 to the head of the competent employment security office of the relevant location, together with the following documents, within seven days before the expiry date of the period of employment activities of the relevant foreign worker. In such cases, the head of the competent employment security office of the relevant location shall verify the business registration certificate through the common use of administrative information under Article 36 (1) of the Electronic Government Act, and where the applicant withholds consent to the confirmation of the business registration certificate, shall have that applicant attach the copy thereof: <Amended by Ordinance of the Ministry of Employment and Labor No. 29, Jul. 5, 2011; Ordinance of the Ministry of Employment and Labor No. 103, Jul. 28, 2014> |
| 1. | Deleted; <by Ordinance of the Ministry of Employment and Labor No. 103, Jul. 28, 2014.> |
| 2. | A copy of the foreigner registration card; |
| 3. | A copy of the first page of the passport; |
| 4. | A copy of the standard employment contract. |
| (2) | The head of the competent employment security office of the relevant location in receipt of an application pursuant to paragraph (1) shall, if such application meets the relevant requirement as a result of reviewing the application for extension, issue a certification of extension of the employment period of the person whose employment period has expired in Appendix 12-4, within seven days from the date of receipt of the application. |
| (3) | The head of the competent employment security office of the relevant location shall inform the Minister of Justice and the Human Resources Development Service of Korea under the Human Resources Development Service of Korea Act (hereinafter referred to as "Human Resources Development Service of Korea") of the details of the certification of extension of the employment activities period of the person whose employment period has expired under paragraph (2), and the Human Resources Development Service of Korea shall separately prepare and manage the list of persons whose employment period has been extended. |
[This Article Wholly Amended by Ordinance of the Ministry of Labor No. 342, Apr. 12, 2010]
| Article 14-3 (Procedures concerning Special Cases of Restriction on Employment after Re-entry) |
| (1) | An employer who intends to obtain a permit for employment after re-entry of a foreign worker under Article 18-4 (1) of the Act shall submit an application for an employment permit for a person whose re-employment has expired in Appendix 12-5 to the head of the competent employment security office of the relevant location, together with the following documents within seven days before the date of the period of employment activities extended pursuant to Article 18-2 of the Act expires: |
1 A copy of the foreigner registration card;
| 2. | A copy of the first page of the passport; |
| 3. | A copy of the standard employment contract. |
| (2) | The head of the competent employment security office of the relevant location in receipt of an application under paragraph (1) shall verify the business registration certificate through the common use of administrative information under Article 36 (1) of the Electronic Government Act, and where the applicant withholds consent to the verification of the certificate of business registration, have that applicant attach that certificate. |
| (3) | The head of the competent employment security office of the relevant location in receipt of an application under paragraph (1) shall, if as a result of reviewing the application it meets the relevant requirements, issue an employment permit for a foreign worker in Appendix 5, within seven days from the date of receipt of the application. |
| (4) | The head of the competent employment security office of the relevant location shall inform the Minister of Justice and the Human Resources Development Service of Korea of the details of the written employment permit under paragraph (3), and the Human Resources Development Service of Korea shall separately prepare and manage the list of persons who are engaged in employment activities after re-entry. |
[This Article Newly Inserted by Ordinance of the Ministry of Employment and Labor No. 53, May 14, 2012]
| Article 15 (Notification of Restriction on Employment) |
Notification prescribed in Article 20 (2) of the Act shall be made in writing, specifying the ground restricting the employment of the foreign worker. [This Article Wholly Amended by Ordinance of the Ministry of Labor No. 342, Apr. 12, 2010]
CHAPTER IV PROTECTION OF FOREIGN WORKERS
| Article 15-2 (Composition and Operation of Councils for Protection of Rights and Interests of Foreign Workers) |
| (1) | The Council for Protection of Rights and Interests of Foreign Workers under Article 24-2 of the Act shall be comprised of the following organizations recommended by the head of the employment security office: |
| (a) | A workers' organization; |
| (b) | A employers' organization; |
| (c) | A foreign workers' organization; |
| (d) | Other organizations deemed necessary with respect to support for foreign workers. |
| (2) | The Councils for Protection of Rights and Interests of Foreign Workers shall consult on the following matters: |
| 1. | Matters concerning the change of the workplace of a foreign worker; |
| 2. | Schemes for resolving conflicts between a foreign workers and his/her employer; |
| 3. | Schemes for supporting job-seeking activities and life of a foreign worker; |
| 4. | Other matters deemed necessary with respect to the protection of rights and interests of foreign workers. |
| (3) | The head of an employment security office shall endeavor to reflect the content of an agreement reached in the Council for Protection of Rights and Interests of Foreign Worker at the time performing affairs related to foreign workers. |
[This Article Newly Inserted by Ordinance of the Ministry of Labor No. 342, Apr. 12, 2010]
| Article 16 (Change of Business or Workplace) |
| (1) | Where a foreign worker intends to change the business or workplace employing him/her pursuant to Article 25 (1) of the Act, he/she shall submit an application for workplace change in Appendix 13 or Appendix 13-2 to the head of the competent employment security office of the relevant location, together with a copy of the first page of his/her passport (limited to where it is impossible to verify the certificate concerning the fact of foreigner registration under paragraph (3)), and the head of the competent employment security office of the relevant location may, if necessary to verify any of the grounds falling under any of the subparagraphs of Article 25 (1) of the Act, have the foreign worker submit the relevant documents. |
| (2) | A foreign worker who falls under the proviso to Article 25 (3) of the Act shall submit an application for extension of the period of application for workplace change in Appendix 13-3 to the head of the competent employment security office of the relevant location, together with a copy of the first page of his/her passport (limited to where it is impossible to verify the certificate concerning the fact of foreigner registration under paragraph (3)) and other document proving the cause of the application, such as his/her occupational accident, disease, pregnancy and childbirth. |
| (3) | The head of the competent employment security office of the relevant location who has received an application under paragraphs (1) or (2) shall verify the certificate of the fact of foreigner registration under Article 88 of the Immigration Control Act through the common use of administrative information under Article 36 (1) of the Electronic Government Act: Provided, That where the applicant withholds consent to the verification, the head of the competent employment security office of the relevant location may have the applicant attach such document. <Amended by Ordinance of the Ministry of Employment and Labor No. 53, May 14, 2012> |
[This Article Wholly Amended by Ordinance of the Ministry of Labor No. 342, Apr. 12, 2010]
CHAPTER V SUPPLEMENTARY PROVISIONS
| Article 17 (Request, etc. for Submission of Materials) |
| (1) | Where the Minister of Employment and Labor or the head of a local employment and labor office issues an order pursuant to Article 26 (1) of the Act, he/she shall permit the submission period of at least seven days, but may extend the period once in extenuation circumstances. <Amended by Ordinance of the Ministry of Employment and Labor No. 1, Jul. 12, 2010> |
| (2) | Where the Minister of Employment and Labor or the head of a local employment and labor office conducts the investigation and inspection or guidance and verification of the business or workplace employing foreign workers pursuant to Article 26 (1) of the Act or Article 23 (2) of the Decree, he/she shall record and manage the results in a register of guidance, verification, etc. in Appendix 14. <Amended by Ordinance of the Ministry of Employment and Labor No. 1, Jul. 12, 2010> |
[This Article Wholly Amended by Ordinance of the Ministry of Labor No. 342, Apr. 12, 2010]
| Article 18 (Collection of Fees, etc.) |
| (1) | A person who vicariously concludes an employment contract pursuant to Article 27 (1) of the Act and a person who vicariously performs affairs related to employment of foreign workers pursuant to paragraph (3) of the same Article may, in cases of intending to receive the fees and necessary expenses from the employers, collect them after obtaining approval for the following matters from the Minister of Employment and Labor: <Amended by Ordinance of the Ministry of Employment and Labor No. 1, Jul. 12, 2010> |
| 1. | Amounts of the fees, etc. and the standards for calculation therefor; |
| 2. | Methods and procedures for the collection of the fees, etc.; |
| 3. | Specifications for collection of the fees, etc.; |
| 4. | Matters necessary for the collection of the fees, etc. |
| (2) | Paragraph (1) shall apply mutatis mutandis to where a person who performs on consignment any business falling under any of the subparagraphs 1 through 4 of Article 21 of the Act pursuant to Article 28 of the Act and Article 31 (2) and (3) of the Decree intends to collect fees and necessary expenses from the employer. <Amended by Ordinance of the Ministry of Employment and Labor No. 53, May 14, 2012> |
[This Article Wholly Amended by Ordinance of the Ministry of Labor No. 342, Apr. 12, 2010]
| Article 18-2 (Designation and Operation of Agencies) |
| (1) | An agency under Article 27-2 (1) of the Act shall be designated by the Minister of Employment and Labor from among institutions meeting all the following requirements: <Amended by Ordinance of the Ministry of Employment and Labor No. 1, Jul. 12, 2010> |
| 1. | To have administrative capabilities and experience to perform the relevant project; |
| 2. | To have the performance record of a project for supporting employers and foreign workers; |
| 3. | To be able to ensure the publicness of the relevant tasks when performing such tasks. |
| (2) | "Affairs concerning the employment of foreign workers, as prescribed by Ordinance of the Ministry of Employment and Labor" in Article 27-2 (1) 5 refers to the following affairs: <Amended by Ordinance of the Ministry of Employment and Labor No. 1, Jul. 12, 2010; Ordinance of the Ministry of Employment and Labor No. 29, Jul. 5, 2011; Ordinance of the Ministry of Employment and Labor No. 53, May 14, 2012> |
| 5. | Application for certification of the change of exceptionally permissible employment under Article 20-2 (1) of the Decree; |
| 6. | Other affairs designated by the Minister of Employment and Labor. |
| (3) | The Minister of Employment and Labor shall issue a designation certificate of the agencies which are designated pursuant to paragraph (1), specifying the scope of their tasks. <Amended by Ordinance of the Ministry of Employment and Labor No. 1, Jul. 12, 2010> |
| (4) | Except as otherwise expressly provided for in paragraphs (1) through (3), detailed matters necessary for the designation requirements and procedures, etc. shall be determined and publicly notified by the Minister of Employment and Labor. <Amended by Ordinance of the Ministry of Employment and Labor No. 1, Jul. 12, 2010> |
[This Article Newly Inserted by Ordinance of the Ministry of Labor No. 342, Apr. 12, 2010]
| Article 18-3 (Cancellation of Designation of Agencies) |
The Minister of Employment and Labor may cancel the designation of an agency, issue an order for rectification thereto, or suspend the business thereof on the basis of the following classifications pursuant to Article 27-3 (1) of the Act: | 1. | Where the agency falls under Article 27-3 (1) 1: cancellation of designation; |
| 2. | Where the agency falls under Article 27-3 (1) 2: order of rectification, or cancellation of designation; |
| 3. | Where the agency falls under Article 27-3 (1) 3 or 4: order of rectification, or suspension of business of not more than six months. |
[This Article Wholly Amended by Ordinance of the Ministry of Employment and Labor No. 143, Dec. 30, 2015]
| Article 19 (Regulations on Treatment of Tasks) |
With respect to tasks entrusted by the Minister of Employment and Labor pursuant to Article 31 (2) and (3) of the Decree, the Human Resources Development Service of Korea may formulate regulations necessary for handling such tasks after obtaining approval from the Minister of Employment and Labor. <Amended by Ordinance of the Ministry of Employment and Labor No. 1, Jul. 12, 2010> [This Article Wholly Amended by Ordinance of the Ministry of Labor No. 342, Apr. 12, 2010]
| Article 20 (Re-examination of Restrictions) |
| (1) | The Minister of Employment and Labor shall assess the validity of the period for endeavoring to recruit nationals under Article 5-2 every five years (referring to immediately before every fifth anniversary from January 1) from the reference date, January 1, 2014, and shall then take measures for improvement, etc. thereof: <Amended by Ordinance of the Ministry of Employment and Labor No. 117, Dec. 31, 2014> |
| (2) | The Minister of Employment and Labor shall, on the following dates as the reference dates, assess the validity of the following matters falling every three years (referring to immediately before the same date of the third year as the relevant reference date of the first year) and shall then take measures for improvement, etc. thereof: <Newly Inserted by Ordinance of the Ministry of Employment and Labor No. 117, Dec. 31, 2014; Ordinance of the Ministry of Employment and Labor No. 181, Feb. 28, 2017> |
| 1. | Deadline of the completion of employment education for foreign workers under Article 10: January 1, 2017; |
| 2. | Hours and curriculum of employment education of foreign workers under Article 11: January 1, 2017; |
| 3. | Report on the employment change, etc. under Article 14: January 1, 2017. |
[This Article Newly Inserted by Ordinance of the Ministry of Employment and Labor No. 94, Dec. 30, 2013]
ADDENDUM
These Rules shall enter into force on August 17, 2004.
ADDENDUM <Ordinance of the Ministry of Labor No. 221, Mar. 12, 2005>
These Rules shall enter into force on the date of its promulgation.
ADDENDUM <Ordinance of the Ministry of Labor No. 254, Jun. 30, 2006>
These Rules shall enter into force on July 1, 2006.
ADDENDUM <Ordinance of the Ministry of Labor No. 255, Jul. 19, 2006>
These Rules shall enter into force on the date of its promulgation.
ADDENDUM <Ordinance of the Ministry of Labor No. 268, Mar. 2, 2007>
These Rules shall enter into force on March 4, 2007.
ADDENDUM <Ordinance of the Ministry of Labor No. 275, Jun. 1, 2007>
These Rules shall enter into force on June 1, 2007.
ADDENDA <Ordinance of the Ministry of Labor No. 327, Jul. 8, 2009>
Article 1 (Enforcement Date)
These Rules shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Forms in Use)
Forms prepared and used pursuant to the former provisions at the time these Rules enter into force may be used continuously, but they shall apply the amended provisions.
ADDENDUM <Ordinance of the Ministry of Labor No. 342, Apr. 12, 2010>
These Rules shall enter into force the date of its promulgation.
ADDENDA <Ordinance of the Ministry of Employment and Labor No. 1, Jul. 12, 2010>
Article 1 (Enforcement Date)
These Rules shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDUM <Ordinance of the Ministry of Employment and Labor No. 29, Jul. 5, 2011>
These Rules shall enter into force on August 1, 2011.
ADDENDUM <Ordinance of the Ministry of Employment and Labor No. 53, May 14, 2012>
These Rules shall enter into force on July 2, 2012.
ADDENDUM <Ordinance of the Ministry of Employment and Labor No. 94, Dec. 30, 2013>
These Rules shall enter into force on January 1, 2014.
ADDENDA <Ordinance of the Ministry of Employment and Labor No. 103, Jul. 28, 2014>
Article 1 (Enforcement Date)
These Rules shall enter into force on July 29, 2014.
Article 2 (Transitional Measures concerning Reporting on Change of Employment, etc.)
Notwithstanding the amended provisions of the proviso to Article 14, reporting on grounds falling under Article 23 (1) 6 of the Decree which is made before these Rules enter into force shall be governed by the former provisions.
ADDENDUM <Ordinance of the Ministry of Employment and Labor No. 109, Sep. 30, 2014>
These Rules shall enter into force on the date of its promulgation.
ADDENDUM <Ordinance of the Ministry of Employment and Labor No. 117, Dec. 31, 2014>
These Rules shall enter into force on January 1, 2015.
ADDENDA <Ordinance of the Ministry of Employment and Labor No. 137, Oct. 22, 2015>
Article 1 (Enforcement Date)
These Rules shall enter into force on the date of their promulgation.
Article 2 (Applicability to Use of Standard Employment Contract)
The amended provisions of Article 8 and the amended provisons of attached Forms 6 and 6-2 shall apply beginning with the first case where a standard employment contract is concluded after these Rules enter into force.
ADDENDUM <Ordinance of the Ministry of Employment and Labor No. 143, Dec. 30, 2015>
These Rules shall enter into force on the date of their promulgation.
ADDENDUM <Ordinance of the Ministry of Employment and Labor No. 179, Feb. 3, 2017>
These Rules shall enter into force on the date of their promulgation.
ADDENDUM <Ordinance of the Ministry of Employment and Labor No. 181, Feb. 28, 2017>
These Rules shall enter into force on May 1, 2017.