Statutes of the Republic of Korea

Article 1 (Purpose)

The purpose of this Act is to ensure the State establishes and implements policies on employment so that every citizen may develop his/her vocational abilities and have more job opportunities throughout his/her entire life, and the State may support employment stability of workers and job creation and securing human resources by enterprises, as well as promote efficiency in the labor market and balanced supply and demand of manpower, thereby contributing to improvement in the quality of citizens' life and social integration through sustainable economic growth and employment.

Article 2 (Definition)

The term "worker" in this Act means any person who is employed by a business owner, or who intends to seek a job.

Article 3 (Basic Principles)

The State shall, in establishing and implementing the employment policies under this Act, ensure that the following matters are realized:

1.	Workers' freedom to choose an occupation and the right to work shall be secured;

2.	Business owners' independence in labor management shall be respected;

3.	Job seekers' voluntary efforts for employment shall be promoted;

4.	Employment policies shall be established and implemented in an efficient and performance-oriented method;

5.	Employment policies shall be established and implemented by a balanced method by taking into account the conditions of the labor market, economic policies and social policies;

6.	Employment policies shall be established and implemented based on cooperation between the State and local governments, public sector and private sector, and workers, business owners, and governments.

Article 4 (Relations to other Acts)

Any enactment or amendment of other Acts concerning employment policies shall comply with the purpose and basic principles of this Act.

Article 5 (Responsibilities and Duties of Workers, Business Owners, etc.)

(1)	A worker shall choose an occupation appropriate for his/her aptitude and abilities, constantly develop the abilities needed for his/her occupation (hereinafter referred to as "vocational abilities") throughout his/her career, and endeavor to strive for self-development through his/her occupation.

(2)

A business owner shall train human resources needed for his/her business, endeavor to develop the vocational abilities of the workers employed by him/her, and endeavor to improve his/her management of employment, to stabilize employment, and to enhance equality in the employment of the workers, etc., so as to allow the workers to work while demonstrating their abilities to the greatest extent possible.

(3)

A labor union and an association of business owners shall positively cooperate in workers' efforts to develop their vocational abilities and business owners' efforts to develop vocational abilities, improve his/her management of employment, to stabilize employment, and to enhance equality in the employment of the workers.

(4)	A worker, business owner, labor union and association of business owners shall positively cooperate for the smooth implementation of the policies of the State and local governments referred to in Article 6.

(5)

A recipient of unemployment allowances under the Employment Insurance Act, a recipient who has an ability to work under the National Basic Living Security Act, and any other person who participates in the employment support projects supported by the State shall vigorously endeavor to be employed for themselves, diligently comply with and positively participate in the job placement, vocational guidance, vocational ability development training, etc. provided by the State and local governments.

Article 6 (Policies of State and Local Governments)

(1)	The State shall establish and implement necessary policies with regard to the following matters:

1.

Matters concerning the collection and offering of information on employment, jobs, and labor market for the selection of occupation appropriate for each citizen's abilities and aptitudes, and the resolution of discordance between manpower supply and demand, and matters concerning the investigation and announcement of trends and prospects of human resources supply and demand;

2.	Matters concerning the development of the workers' vocational abilities throughout their entire life, vocational ability development training for cultivating technical and skilled human resources needed for industries, and technical qualification examination;

3.	Matters concerning the prevention of unemployment, and promotion of employment stability and equality of workers;

4.	Matters concerning support for workers' migration between industries, occupations, and regions;

5.

Matters concerning support of income and provision of job placement, vocational guidance, and employment training to the unemployed during the unemployment period, the career development of the underemployed for their re-employment to better occupation, and promotion of the economically inactive population's participation in the labor market;

6.

Matters concerning the promotion of employment of those who have, in particular, difficulty in getting employed under the ordinary conditions of the labor market, due to insufficient academic background and career, old age, physical or mental disability, prolonged unemployment, migration from overseas, etc., and recipients, etc. under the National Basic Living Security Act (hereinafter referred to as "vulnerable class in employment");

7.	Matters concerning support for business owners’ job creation, securing of human resources, maintenance of employment, etc. and prevention of shortage in human resources ;

8.	Matters concerning the promotion of employment in each region for enhanced local job creation and revitalized local labor market;

9.	Matters concerning the efficient operation of the system for the support, such as various subsidies, promotion subsidies, and allowances, to promote the policies on the matters under subparagraphs 1 through 8;

10.

Matters concerning the expansion of duties (hereinafter referred to as "employment services") to support employment, such as offering of employment information, job placement, vocational guidance, or development of employment abilities, to job seekers or job offerers in order to efficiently implement the policies on the matters under subparagraphs 1 through 8, and the cultivation of the private employment services market;

11.	Other matters necessary to enhance the efficiency and soundness of the labor market.

(2)

In establishing and implementing the policies referred to in paragraph (1), the State shall comprehensively take into account the policies such as the improvement of enterprises' management foundation, balanced development of the economy and society, balanced development of the national territory, etc., strive to expand job opportunities, redress any inter-regional imbalance, give preferential treatment to small and medium enterprises, and make efforts to improve employment practices impeding workers in demonstrating their abilities such as discriminatory employment practices.

(3)

Local governments shall endeavor to establish and implement policies to promote employment of local residents, and to provide job placement appropriate for local residents and conduct vocational training, etc. by taking into account the State policies established under paragraph (1) and the characteristics of the local labor market.

(4)	The State may provide necessary support to a local government which establishes and implements policies under paragraph (3).

Article 7 (Guarantee of Equal Employment Opportunity)

(1)

In recruiting and employing workers, business owners shall not discriminate against them on grounds of gender, religion, age, physical conditions, social status, place of origin, level of education, educational background, marriage, pregnancy, medical history, etc. (hereinafter referred to as "gender, etc.") without reasonable grounds and shall guarantee equal opportunities for employment. <Amended by Act No. 12324, Jan. 21, 2014>

(2)	A person who provides employment services shall not discriminate against a job seeker on grounds of gender, etc. without reasonable grounds in performing his/her duty.

(3)	A person who conducts vocational ability development training, in subscribing trainees, conducting training, providing employment support, etc., shall not discriminate against a trainee on grounds of gender, etc. without reasonable grounds.

Article 8 (Establishment and Implementation of Basic Plans on Employment Policies)

(1)	The Minister of Employment and Labor shall establish a basic plan on employment policies of the State (hereinafter referred to as "basic plan") every five years after consulting with the heads of the central administration agencies concerned. <Amended by Act No. 10339, Jun. 4, 2010>

(2)	When the Minister of Employment and Labor establishes the basic plan under paragraph (1), he/she shall report it to the State Council and announce it officially after deliberation by the Employment Policy Deliberative Council under Article 10 (1). <Amended by Act No. 10339, Jun. 4, 2010>

(3)	Each basic plan shall include the following matters:

1.	Objectives and direction of mid- and long-term employment policies;

2.	Matters concerning trends in economic, industrial, educational, welfare, or population policies, etc. that affect the supply and demand of human resources;

3.	Matters concerning employment trends and prospects of the supply and demand of human resources;

4.	Matters concerning the basic direction of policies falling under each subparagraph of Article 6 (1);

5.	Other matters concerning the important policies related to employment.

(4)	When the heads of the central administration agencies concerned establish a plan related to employment, they shall do so in harmony with the basic plan.

(5)	When necessary for the establishment of a basic plan, the Minister of Employment and Labor may request for the submission of necessary material to the heads of the administration agencies concerned and the heads of local governments. <Amended by Act No. 10339, Jun. 4, 2010>

Article 9 (Formulation and Implementation of Basic Plans for Local Employment Policies)

(1)

The Special Metropolitan City Mayor, Metropolitan City Mayors, Special Self-Governing City Mayor, Do Governors and the Governor of Special Self-Governing Province (hereinafter referred to as "Mayor/Do Governor") shall formulate and implement a basic plan on local employment policies concerning employment promotion, employment stability, etc. of local residents, after deliberation by the local employment deliberative council under Article 10 (1). <Amended by Act No. 10966, Jul. 25, 2011>

(2)	The Mayor/Do Governor shall formulate a local employment plan in accordance with a basic plan.

(3)	When necessary for the formulation of the local employment plan, the Mayor/Do Governor may request the heads of the central administration agencies and the heads of the competent employment security offices to offer cooperation.

(4)	The State may provide necessary support to the Mayor/Do Governor in formulating and implementing the local employment plan.

Article 9-2 (Formulation etc. of Measures to Create Local Jobs)

(1)	The Mayors/Do Governors and the heads of Sis/Guns/Gus (referring to the heads of autonomous Gus; hereinafter the same shall apply) may formulate and announce measures to create jobs, which they are to promote during their term of office for residents in their jurisdiction.

(2)

In order to promote measures to create jobs as prescribed in paragraph (1), the Mayors/Do Governors and the heads of Sis/Guns/Gus may request the heads of relevant central administrative agencies and the heads of employment security offices in their jurisdiction to offer cooperation. In such cases, the heads of relevant central administrative agencies and the heads of employment security offices in their jurisdiction, upon receipt of a request, shall comply with such request, except in extenuating circumstances.

(3)

The Minister of Employment and Labor may confirm and announce the outcome of measures to create jobs under paragraph (1) that have been promoted, and he/she may request the heads of relevant central administrative agencies and the heads of local governments to offer cooperation, such as submitting necessary data.

(4)	The State may provide the Mayors/Do Governors and the heads of Sis/Guns/Gus with assistance necessary for promoting measures to create jobs pursuant to paragraph (1).

(5)	In order to enhance the effects of measures to create jobs, the Minister of Employment and Labor may submit relevant opinions to the heads of relevant local governments.

(6)	Matters necessary for the implementation of measures to create local jobs shall be prescribed by Ordinance of the Ministry of Employment and Labor.

[This Article Newly Inserted by Act No. 10966, Jul. 25, 2011]

Article 10 (The Employment Policy Deliberative Council)

(1)

In order to deliberate on important matters concerning employment, the Ministry of Employment and Labor shall establish the Employment Policy Deliberative Council (hereinafter referred to as the "Policy Deliberative Council"), and the Special Metropolitan City, Metropolitan Cities, Special Self-Governing City, Dos and Special Self-Governing Province shall each establish a local employment deliberative council. In such cases, where a consultative body to encourage cooperation among labor, management, residents, and local government pursuant to Article 3 (1) of the Act on Support for the Improvement in Labor-Management Relations has been already organized in the Special Metropolitan City, Metropolitan Cities, Special Self-Governing City, Dos and Special Self-Governing Province, such consultative body may be deemed a local employment deliberative council. <Amended by Act No. 10339, Jun. 4, 2010; Act No. 10966, Jul. 25, 2011>

(2)	The Policy Deliberative Council shall deliberate on the following matters: <Amended by Act No. 10361, Jun. 8, 2010; Act No. 10966, Jul. 25, 2011; Act No. 12244, Jan. 14, 2014; Act No. 12324, Jan. 21, 2014>

1.	Matters concerning policies referred to in Article 6 (1), and matters concerning the formulation of a basic plan referred to in Article 8 (1);

2.	Matters concerning employment and measures against unemployment resulting from changes, etc. in the supply structure of human resources and in industrial structures;

3.	Matters concerning the selection of subject matters to be evaluated with respect to their effects on employment under Article 13, methods of evaluation, etc.;

4.	Matters concerning making projects for creating jobs supported by government funds under Article 13-2 efficient;

5.	The following matters pursuant to the Social Enterprise Promotion Act:

(a)	Master plans for the promotion of social enterprises under Article 5 of the Social Enterprise Promotion Act;

(b)	Matters concerning standards for certification of social enterprises under Article 7 of the Social Enterprise Promotion Act;

(c)	Other matters necessary for the support of the social enterprises, which are prescribed by Presidential Decree;

6.	Matters prescribed in the subparagraphs of Article 17-8 of the Equal Employment Opportunity and Work-Family Balance Assistance Act;

7.	The following matters pursuant to Act on the Employment Promotion and Vocational Rehabilitation of Persons With Disabilities Act:

(a)	Matters concerning the formulation of master plans for the promotion of employment and vocational rehabilitation of disabled persons under Article 7 (1) of the Employment Promotion and Vocational Rehabilitation of Disabled Persons Act;

(b)	Other matters submitted to meetings by the chairperson concerning the promotion of employment and vocational rehabilitation of disabled persons;

8.	Matters prescribed in the subparagraphs of Article 8 of the Framework Act on Labor Welfare;

9.	Matters, the deliberation of which has been requested by the heads of relevant central administrative agencies, in relation to employment;

10.	Other matters required to be deliberated by the Policy Deliberative Council pursuant to other statutes, and matters prescribed by Presidential Decree.

(3)

The Policy Deliberative Council shall be comprised of not more than 30 members, including a chairperson, and the Minister of Employment and Labor shall be appointed as the chairperson. Members shall be commissioned by the Minister of Employment and Labor, from among the following persons, and the vice ministers or vice-ministerial officials of related central administrative agencies prescribed by Presidential Decree: <Amended by Act No. 10339, Jun. 4, 2010>

1.	Those who represent workers and business owners;

2.	Those who have abundant knowledge and experience in employment issues;

3.	Those recommended by the nationwide consultative council of the Mayors/Do Governors under Article 165 of the Local Autonomy Act.

(4)	In order to operate the Policy Deliberative Council efficiently and to deliberate on matters to be deliberated by the Policy Deliberative Council expertly, specialized committees may be established by the type of field under the Policy Deliberative Council.

(5)	Specialized committees shall deliberate and decide on matters delegated to them by the Policy Deliberative Council, as prescribed by Presidential Decree. In such cases, deliberation by specialized committees shall be deemed deliberation by the Policy Deliberative Council.

(6)	The organization, operation, and other necessary matters of the Policy Deliberative Council, local deliberative councils, and specialized committees shall be prescribed by Presidential Decree

Article 11 (Establishment, etc. of Employment Security Offices)

(1)	The State shall, where promoting policies under Article 6 (1), establish and operate employment security offices by region, so that local workers and business owners may receive employment services conveniently.

(2)	Where the head of a local government operates an organization which provides employment services to job seekers and job offering enterprises in his/her relevant region, the State may provide support necessary for the operation of such organization.

(3)	The heads of employment security offices and the heads of local governments shall cooperate with each other in performing the duties of providing employment services.

(4)	The State or local governments may establish and operate facilities necessary for the provision of employment services to the vulnerable class in employment, as prescribed by Presidential Decree.

Article 12 (Support, etc. for Provision of Employment Services by Private Sector)

(1)	The State may establish and implement the following policies necessary for the development of the private employment services industry:

1.	Training of experts in employment services;

2.	Connection of public and private information networks related to employment;

3.	Discovery of measures in which private expertise can be utilized from among the measures which provide employment services conducted by the State or local governments, and entrustment of such measures;

4.	Certification of private organizations which provide exemplary employment services.

(2)	The employment security offices and private organizations may promote measures concerning the provision of employment services through mutual cooperation by jointly promoting or linking them.

(3)

The Minister of Employment and Labor or the heads of employment security offices may provide necessary support, such as facilities, equipment, to the administration agencies, local governments and other private organizations which provide employment services. <Amended by Act No. 10339, Jun. 4, 2010>

Article 13 (Evaluation of Effects on Employment)

(1)

The heads of central administration agencies and the heads of local governments shall analyze and evaluate the impact the policies under their jurisdictions have on the increase and decrease of employment and the quality of employment, etc. (hereinafter referred to as an “employment impact assessment”) and endeavor to reflect the results thereof in the establishment and implementation of policies. <Amended by Act No. 12324, Jan. 21, 2014>

(2)

Where policies with a great impact on employment fall under any of the following subparagraphs, the Minister of Employment and Labor may carry out an employment impact assessment and notify the results thereof to the heads of the competent central administration agencies or the heads of local governments: <Amended by Act No. 10339, Jun. 4, 2010; Act No. 12324, Jan. 21, 2014>

1.	Policies for which related central administration agencies or the heads of local governments request an employment impact assessment;

2.	Policies planed to be, being implemented, or completed by related central administration agencies or the heads of local governments, of which an employment impact assessment has been decided after deliberation by the Policy Deliberative Council;

3.	Policies of which employment impact assessment is deemed necessary ex officio by the Minister of Employment and Labor;

4.	Policies prescribed by Presidential Decree which requires a large amount of budget spending.

(3)

If deemed necessary for an employment impact assessment, the Minister of Employment and Labor may request related administrative agencies, educational and research institutes, etc. to furnish necessary materials. In such cases, the heads of related administrative agencies, the heads of educational and research institutes, etc. shall comply with such request unless there exist any extenuating circumstances. <Newly Inserted by Act No. 12324, Jan. 21, 2014>

(4)	The Minister of Employment and Labor shall make public the results of the employment impact assessment under paragraph (2). <Newly Inserted by Act No. 12324, Jan. 21, 2014>

(5)

If deemed necessary for the promotion of employment stability and creation of jobs as a result of the employment impact assessment, the Minister of Employment and Labor may make proposals or recommend improvements regarding the relevant policies to the heads of related central administrative agencies or the heads of local governments. <Newly Inserted by Act No. 12324, Jan. 21, 2014>

(6)

Upon receipt of the proposals or improvement recommendations under paragraph (5), the heads of related central administrative agencies or the heads of local governments shall establish and implement improvement measures and notify the Minister of Employment and Labor of the results thereof unless there exist any extenuating circumstances. <Newly Inserted by Act No. 12324, Jan. 21, 2014>

(7)

Matters necessary for the procedures for requesting an employment impact assessment, the selection of subject matters for evaluation, methods, proposals for policies, or recommendations on improvement, establishment and implementation of improvement measures, and other matters under paragraphs (2), (5), and (6) shall be prescribed by Presidential Decree. <Amended by Act No. 12324, Jan. 21, 2014>

(8)

The Minister of Employment and Labor may authorize any of the following institutes to vicariously conduct duties of the employment impact assessment under paragraph (2), as prescribed by Presidential Decree. In such cases, the Minister of Employment and Labor shall pay the expenses incurred in vicariously conducting such duties: <Amended by Act No. 10339, Jun. 4, 2010; Act No. 12324, Jan. 21, 2014>

1.	Research institutes contributed by the State or local governments (including the research institutes re-contributed by the institutes contributed by the State or local governments);

2.	Private research institutes.

Article 13-2 (Promoting Efficiency in Implementing Government-Funded Employment Programs)

(1)

The Minister of Employment and Labor shall push ahead with the following matters in order to promote efficiency in conducting government-funded employment programs (referring to programs conducted by central administrative agencies, local governments or various institutions and organizations entrusted by aforementioned agencies, etc., which aim to support employment utilizing government funds; hereinafter the same shall apply):

1.	Scope and classification of government-funded employment programs, and preparation of evaluation standards;

2.	Preparation of standards for the coordination of overlapping of government-funded employment programs, and coordination thereby;

3.	Identification of the vulnerable class in employment in order to give priority in participating in government-funded employment programs, and presentation of employment rate by each program, employment methods, etc.;

4.	Improvement of implementation systems of government-funded employment programs;

5.	Strengthening connection between government-funded employment programs;

6.	Improvement of systems according to the evaluation of government-funded employment programs and presentation of opinions to reflect such improvement proposals in the budget;

7.	Operation of an information network performing integrated management of government-funded employment programs;

8.	Other matters determined by the Policy Deliberative Council in order to promote efficiency in conducting government-funded employment programs.

(2)	Where the Minister of Employment and Labor makes a request to promote efficiency in conducting government-funded employment programs, the heads of central administrative agencies and local governments or entrusted institutions and organizations shall comply with the following matters:

1.	Notification of the present situation of government-funded employment programs funds conducted by themselves every year;

2.	Reporting on results concerning improvement of projects proposed by the Minister of Employment and Labor and opinions to reflect such improvement proposal in the budget;

3.	Management of integrated information networks of government-funded employment programs under jurisdiction and connection with existing information networks;

4.	Confirmation using information networks whether a person is participating in several government-funded employment programs at the same time;

5.	Other matters determined by the Policy Deliberative Council to promote efficiency in conducting government-funded employment programs.

[This Article Newly Inserted Act No. 10966, Jul. 25, 2011]

Article 13-3 (Establishment, Operation, etc. of Integrated Information Network for Government-Funded Employment Programs)

(1)

The Minister of Employment and Labor may establish and operate an information system (hereinafter referred to as "integrated information network") to efficiently handle various data or information necessary for the implementation and management of government-funded employment programs, such as selection of participants in such government-funded employment programs, support for employment, and payment and redemption of various wages and benefits, and to digitize the business affairs of recording and management.

(2)

In order to conduct business affairs under paragraph (1), the Minister of Employment and Labor may request the heads of State agencies, such as courts, the Ministry of the Interior and Security, the Ministry of Health and Welfare, the National Tax Service, the heads of local governments, and the heads of relevant institutions and organizations, to provide any of the following information or to allow the use of relevant information network. In such cases, the heads of agencies and institutions who are requested to provide information, etc. shall comply with such request unless there is good cause: <Amended by Presidential Decree No. 14839, Jul. 27, 2017>

1.	Business registers;

2.

Whether participants are covered by the national health insurance, national pension, employment insurance, industrial accident compensation insurance, patriots' and veterans' benefits scheme, public officials' pension, military pension, pension for private school teachers and staff, or special post office pension, types of coverage, information on income, amount imposed, and amount of benefits;

3.	Officially announced prices or tax base of buildings, land, automobiles, construction machinery and ships;

4.	Certified copies and extracts of resident registration;

5.	Family relation registers (family relation certificates, marriage relation certificates, and identification certificates);

6.	Disability ratings;

7.	North Korean defector registration certificates;

8.	Records of receipt of social security benefits;

9.	Information on national technical qualifications attained;

10.	Information on departure from and entry into Korea;

11.	Information on criminal records.

(3)	In order to use the data and relevant computer network referred to in paragraph (2), the Minister of Employment and Labor may link with and use the social security information systems prescribed in Article 37 of the Framework Act on Social Security.

(4)

Where the heads of central administrative agencies, local governments, and entrusted institutions and organizations implementing government-funded employment programs (hereinafter referred to as "implementing institutions") intend to utilize the personal information under paragraph (2) through the integrated information network, to implement and manage government-funded employment programs under paragraph (1), they may request the Minister of Employment and Labor to permit the use of the integrated information network.

(5)	The use and provision of the relevant computer network, integrated information network, or data prescribed in paragraphs (2) through (4) shall be exempted from charges, usage fees, etc.

[This Article Newly Inserted by Act No. 13262, Mar. 27, 2015]

Article 13-4 (Protection of Personal Information)

(1)

The Minister of Employment and Labor shall provide only the minimum information necessary for business affairs, from among the information falling under the subparagraphs of Article 13-3 (2), at the request of an implementing institution for the use of integrated information network under Article 13-3 (4).

(2)	Where an implementing institution requests the Minister of Employment and Labor to use the integrated information network under Article 13-3 (4), it shall formulate measures to protect the personal information of participants in the employment programs, such as education on security.

(3)	Where an implementing institution intends to use the data and relevant computer network under Article 13-3 (2) through (4), it shall obtain approval from the owner of information.

(4)	In using data and relevant computer network pursuant to Article 13-3 (2) through (4), an implementing institution shall, without delay, destroy all information except the following personal information, if participants are selected and the object of supporting employment are attained:

1.	Characteristics of applicants for, and participants in, the government-funded employment programs;

2.	Records of participation by participants in the government-funded employment programs;

3.	Records of employment of participants in the government-funded employment programs, after completion of the programs.

(5)	The personal information prescribed in the subparagraphs of Article 13-3 (2) may be handled only by persons approved to handle personal information by the head of a relevant institution, who are in charge of the government-funded employment programs in an implementing institution.

(6)

No person formerly or currently engaged in the business affairs of government-funded employment programs shall divulge information on individuals, juristic persons, or organizations of which he/she becomes aware in the course of implementation of the government-funded employment programs, or use such information for other purposes.

(7)

Detailed matters concerning measures to protect personal information, methods of obtaining advance approval from the owner of information, time and methods for destroying information the purpose of which is attained, procedures for approval for handling personal information, etc. prescribed in paragraphs (1) through (5) shall be determined by the Minister of Employment and Labor.

[This Article Newly Inserted by Act No. 13262, Mar. 27, 2015]

Article 14 (International Cooperation)

The Minister of Employment and Labor may conduct cooperative projects with international organizations, foreign States, or foreign organizations concerning the investigation of trends in the international labor market, preparation of measures, and development of employment policies, etc. <Amended by Act No. 10339, Jun. 4, 2010>

Article 15 (Collection and Provision of Employment and Vocational Information)

(1)

The Minister of Employment and Labor shall collect and manage information on jobs sought and jobs offered, employment trends by industry and by region, information on the labor market, information on the status of occupations and prospects, information on training for development of vocational abilities, information on jobs in financial support, and other information on employment and occupations (hereinafter referred to as "employment and vocational information") to promptly and appropriately match job offers and job seekers. <Amended by Act No. 10339, Jun. 4, 2010>

(2)

The Minister of Employment and Labor shall take necessary measures, such as the publication and distribution of booklets so that job seekers and job offerers, vocational training institutions, educational institutions, and other persons that need employment and vocational information can use it in a prompt and convenient manner. <Amended by Act No. 10339, Jun. 4, 2010>

(3)

The Minister of Employment and Labor shall establish and operate information and communications networks concerning employment, such as an employment stability network and an employment insurance network, in order to efficiently perform the business under paragraphs (1) and (2). <Amended by Act No. 10339, Jun. 4, 2010>

(4)

The Minister of Employment and Labor shall prepare and publish Korean Employment Classification of Occupations reflecting the occupational structure of labor market in order to collect and manage information on employment and occupations. In such cases, he/she may, beforehand, hold a consultation with relevant administrative agencies. <Newly Inserted Act No. 10966, Jul. 25, 2011>

(5)

The Minister of Employment and Labor may provide collected information on employment and occupations to local governments for utilization for job placement, and utilize information on employment and occupations collected by local governments, etc. for job placement, etc. <Newly Inserted Act No. 10966, Jul. 25, 2011>

(6)

The Minister of Employment and Labor may request central administrative agencies, local governments, and institutions relating to the promotion of employment and support to employment to provide necessary data, if necessary for the efficient operation of information and communications networks concerning employment. <Newly Inserted Act No. 10966, Jul. 25, 2011>

(7)

The Minister of Employment and Labor may request relevant institutions or organizations to connect information systems, if necessary for implementing employment policies efficiently. In such cases, a person who receives such request shall comply therewith except in extenuating circumstances. <Newly Inserted Act No. 10966, Jul. 25, 2011>

Article 15-2 (Notification of Status of Employment Type)

(1)	Employers who have employed workers, the number of which is not less than that is prescribed by Presidential Decree, shall publicly notify the status of employment type each year.

(2)	The type of employment, procedures for public notification and other necessary matters under paragraph (1) shall be prescribed by Ordinance of the Ministry of Employment and Labor.

[This Article Newly Inserted by Act No. 11568, Dec. 18, 2012]

Article 16 (Preparation of Data on Supply and Demand Trends, etc. of Human Resources)

(1)

The Minister of Employment and Labor shall investigate trends and prospects of the supply and demand of human resources that include the economic and industry trends and prospects which affect the supply and demand of human resources, and annually prepare and publish the data thereon. <Amended by Act No. 10339, Jun. 4, 2010>

(2)	When deemed necessary for the preparation of data on trends in and prospects of the supply and demand of human resources under paragraph (1), the Minister of Employment and Labor may request the following institutions to submit the necessary data: <Amended by Act No. 10339, Jun. 4, 2010>

1.	Related administration agencies;

2.	Educational and research institutes;

3.	Business owners or associations of business owners;

4.	Labor unions;

5.	Other related institutes.

(3)	A person who is requested to provide data under paragraph (2) shall comply with such request, unless there is a compelling reason not to do so.

Article 17 (Preparation, Distribution, etc. of Statistics related to Employment)

(1)

The Minister of Employment and Labor shall prepare and publish the statistics concerning the employment structure, demand for human resources, etc. by type of industry, vocation, and region for the efficient establishment and implementation of employment policies so that citizens may use them. <Amended by Act No. 10339, Jun. 4, 2010>

(2)	The Minister of Employment and Labor shall take necessary measures, such as the construction of databases so that citizens may conveniently use statistics prepared under paragraph (1). <Amended by Act No. 10339, Jun. 4, 2010>

Article 18 (Establishment of the Korea Employment Information Service)

(1)	The Korea Employment Information Service shall be established to efficiently carry out the business delegated under Article 40, such as the collection and provision of employment information, investigation and research on jobs, and other business concerning employment support.

(2)	The Korea Employment Information Service shall be a legal person.

(3)	The Korea Employment Information Service may establish branch offices, upon approval from the Minister of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010>

(4)	Business of the Korea Employment Information Service shall be as follows: <Amended by Act No. 10339, Jun. 4, 2010; Act No. 12324, Jan. 21, 2014>

1.	Collection and management of information about employment trends and the current status of and outlook for jobs;

2.	Provision of information about the trends of and outlook for supply and demand of manpower;

3.	Operation of an information network regarding employment, such as an employment stability information network and an employment insurance network;

4.	Research, development, and dissemination of techniques concerning vocational guidance, vocational aptitude test, and vocational counselling;

5.	Evaluation and support for employment support services;

6.	International cooperation and other incidental business concerning business under subparagraphs 1 through 5;

7.	Other business entrusted by the Minister of Employment and Labor, the heads of other central administration agencies, or local governments.

(5)	The Government may subsidize expenses necessary for the establishment and operation of the Korea Employment Information Service as well as for the business referred to in paragraph (4) 1 through 6 within the budgetary limits. <Amended by Act No. 12324, Jan. 21, 2014>

(6)	The provisions concerning incorporated foundations under the Civil Act shall apply mutatis mutandis to the Korea Employment Information Service except for matters provided for in this Act and the Act on the Management of Public Institutions.

(7)	The Korea Employment Information Service may request State agencies, local governments, and any other public institutions, including educational and research institutes to provide information needed for conducting its business.

(8)	In applying Articles 129 through 132 of the Criminal Act, the executive officers and employees of the Korea Employment Information Service shall be deemed public officials.

(9)	No former executive officer nor employee of the Korea Employment Information Service shall disclose confidential information acquired in the course of performing their duties or use them for other purposes.

Article 18-2 (Establishment, etc. of the Korea Job World)

(1)	In order to conduct the following projects, the Korea Job World shall be established under the Korea Employment Information Service:

1.	Exhibition and supply of data and information on jobs;

2.	Opening and operation of programs for work experience;

3.	Opening and operation of occupational programs for youth, etc.;

4.	Opening and operation of educational programs of occupational instruction for teachers, etc.;

5.	Provision of services of occupational counselling and occupational psychology tests;

6.	Research and development of techniques for exhibiting data and information on occupations and experience programs;

7.	International cooperation for projects under subparagraphs 1 through 6 and incidental projects;

8.	Other projects entrusted by the Minister of Employment and Labor, heads of other central administrative agencies or heads of local governments.

(2)	The Korea Job World shall be a corporation.

(3)	The Government may contribute funds necessary for the establishment and operation of the Korea Job World and for the business referred to in paragraph (1) 1 through 7 within budgetary limit. <Amended by Act No. 12324, Jan. 21, 2014>

(4)	The Korea Job World may conduct profit-making business prescribed by Presidential Decree, such as the collection of admission fees and fees for experience, and advertisement, in order to meet expenses incurred in conducting business under the subparagraphs of paragraph (1).

(5)	Individuals, corporations or organizations may contribute or donate money, articles, or other property to the Korea Job World in order to support the business of the Korea Job World.

(6)	The followings shall be the incomes of the Korea Job World:

1.	Contributions and donations received from the State or entities other than the State;

2.	Other incomes of the Korea Job World.

(7)	Where necessary for the establishment and operation of the Korea Job World, the Government may allow the Korea Job World to lease without consideration or use State property or State articles, notwithstanding the provisions of the State Property Act and the Commodity Management Act.

[This Article Newly Inserted Act No. 10966, Jul. 25, 2011]

Article 19 (Policies on Development of Vocational Abilities)

(1)	The State shall establish and implement the following polices necessary to promote and support the development of vocational abilities:

1.	Establishment of standards for the development of vocational abilities;

2.	Expansion of facilities and equipment for vocational ability development training;

3.	Research and development of the details of vocational ability development training and training methods;

4.	Training and securing of teachers for the development of vocational abilities, and improvement in the quality of such teachers;

5.	Other matters necessary for support of the development of workers' vocational abilities.

(2)	The State shall ensure that workers endowed with the vocational abilities necessary for industries are cultivated by connecting any of the following training with workers:

1.	Education and research conducted by educational and research institutes;

2.	Vocational ability development training conducted by public vocational training facilities;

3.	Other vocational ability development training conducted by business owners and other individuals or organizations.

(3)	Matters necessary for the development of vocational abilities under paragraph (1) shall be separately prescribed by other Acts.

Article 20 (Support for Development of Vocational Abilities)

(1)	A business owner shall conduct vocational ability development training necessary for the workers employed by the business owner, and the workers shall endeavor to develop vocational abilities by themselves.

(2)	The State shall provide information, guidance and counseling on development of vocational abilities and may subsidize necessary expenses.

(3)	The State may provide necessary support so that all citizens may develop occupational abilities and manage career throughout their entire life.

Article 21 (Training of Technical and Skilled Human Resources)

The State shall investigate the status of progress of industrial development and the status of the supply and demand of human resources and establish and implement policies necessary to train technical and skilled human resources for the continuous development of the national economy.

Article 22 (Establishment of Vocational Ability Evaluation System)

(1)	The State shall endeavor to establish a system for the examination of knowledge, techniques, and skills of workers by instituting the standards for the evaluation of vocational abilities of workers and expand the same.

(2)	Matters necessary for the examination system under paragraph (1) shall be separately prescribed by other Acts.

Article 23 (Support for Job Seekers and Job Offerers)

(1)	The heads of employment security offices shall provide systematic employment services to job seekers in consideration of each of the job seekers' aptitude, abilities, etc. so that the job seeker is employed according to his/her aptitude, abilities, experience, etc.

(2)	The heads of employment security offices shall provide job offerers with information on job seekers, counseling, advice and other support necessary for job offer so that they may promptly employ appropriate workers.

Article 24 (Vocational Guidance for Students, etc.)

The State shall guide and advise students, etc. of all levels of schools under the Elementary and Secondary Education Act and the Higher Education Act in choosing their occupation in the future, provide them with information on occupations to help them find occupations appropriate for each individual's aptitude and abilities, provide them with opportunities to receive vocational guidance, such as vocational aptitude test, and provide them with other necessary support.

Article 25 (Support for Promotion of Employment of Youths, Women, Aged, etc.)

(1)

For the purpose of promoting the employment of youths, women, the aged, etc., the State shall develop occupational categories appropriate for their employment, open training courses for the development of vocational abilities, prepare a system for the expansion of employment opportunities, amend the relevant statutes, and establish and implement other necessary measures.

(2)	Matters necessary for the promotion of employment of youths, women, the aged, etc. under paragraph (1) shall be separately prescribed by other Acts.

Article 26 (Support for Promotion of Employment of Vulnerable Class in Employment)

(1)	The State shall provide necessary support, such as the development of vocational abilities, according to the employment support program which includes the following matters, in order to promote the employment of the vulnerable class in employment:

1.	Assessment of the abilities, aptitudes, etc. of the vulnerable class in employment;

2.	Encouragement of employment motivation and promotion of vocational abilities;

3.	Support, such as intensive referral, of employment.

(2)	Matters necessary for the promotion of employment of the vulnerable class in employment under paragraph (1) shall be separately prescribed by other Acts.

Article 27 (Support for Employment Stability of Daily Workers, etc.)

In order to promote stability in the employment of daily workers, dispatched workers, etc., the State shall provide them with employment information suitable for the type of their labor, vocational counseling, and more opportunities for the development of vocational abilities, and take other necessary measures.

Article 28 (Creation of Social Service Jobs and Cultivation of Social Enterprises)

(1)

The State may provide necessary support to a corporation or organization which creates jobs in the social service sector, such as education, health, social welfare, environment, and culture, which are necessary in society but are not sufficiently provided in the market due to profitability and other reasons.

(2)

The State shall endeavor to pursue the social goals, such as increasing the quality life of local residents by providing the vulnerable class in employment, etc. with social services or jobs and to cultivate any corporation or organization engaged in the business activities, such as the production, sale, etc. of the goods and services as the social enterprises.

(3)	Matters necessary for the promotion of social enterprises under paragraph (2) shall be separately prescribed by other Acts.

Article 29 (Support to Enterprises for Creation, etc. of Employment)

(1)	The State shall establish and implement measures necessary for support, such as the creation of employment, maintenance of employment, relocation of human resources by enterprises, in order to expand the employment opportunities of workers and raise the competitiveness of the enterprises.

(2)

When the heads of employment security offices are requested for support by business owners, representatives of workers, labor unions, etc. concerning the recruitment, hiring or assignment of workers, development of vocational abilities, system for promotions and wages, they shall provide counseling, advice, and other necessary support by utilizing employment information, etc.

Article 30 (Establishment and Implementation of Human Resources Maintenance Support Plan for Small and Medium Enterprises)

(1)

The Minister of Employment and Labor may establish and implement a plan for supporting the improvement of working environment, expansion of welfare facilities and other improvements, etc. of employment management (hereinafter referred to as "human resources maintenance support plan for small and medium enterprises"), in order to support small and medium enterprises to secure human resources. <Amended by Act No. 10339, Jun. 4, 2010>

(2)	When the Minister of Employment and Labor intends to establish a human resources maintenance support plan for small and medium enterprises, he/she shall consult in advance with the heads of the related central administration agencies. <Amended by Act No. 10339, Jun. 4, 2010>

(3)	Matters necessary for establishment and implementation of a human resources maintenance support plan for small and medium enterprises shall be prescribed by Presidential Decree.

Article 31 (Introduction of Foreign Workers)

(1)	The State may introduce foreign workers for the smooth supply and demand of human resources in the labor market. In such case, the State shall make an endeavor, so that the employment of citizens may not be encroached.

(2)	Matters necessary for the introduction, etc. of foreign workers under paragraph (1) shall be separately prescribed by other Acts.

Article 32 (Support, etc. for Adjustments in Employment by Occupational Categories or Regions)

(1)

The Minister of Employment and Labor may provide support for the following matters to occupational categories or regions in which the employment situations have worsened or are feared to worsen drastically due to changes, etc. in economic conditions in Korea or foreign countries: <Amended by Act No. 12324, Jan. 21, 2014>

1.	Adjustments in employment by the business owners;

2.	Prevention of the unemployment of workers;

3.	Promotion of the re-employment of the unemployed;

4.	Other support necessary for the stability in employment and livelihood of the unemployed.

(2)	Matters necessary for the supportive measures under paragraph (1) shall be prescribed by Presidential Decree.

Article 32-2 (Declaration, Support, etc. of Employment Disaster Area)

(1)	For a region in which employment stability has been damaged by major corporate failures, restructuring, etc. and thus special measures are deemed necessary, the Minister of Employment and Labor may suggest the declaration of such region as an employment disaster area to the President.

(2)	Upon receipt of the suggestion of the declaration of an employment disaster area under paragraph (1), the President may declare the relevant region as an employment disaster area after deliberation by the State Council.

(3)

Before suggesting the declaration of an employment disaster area to the President under paragraph (1), the Minister of Employment and Labor may investigate damage, such as unemployment, by jointly forming an employment disaster investigation team with the heads of related central administrative agencies.

(4)	Where the declaration of an employment disaster region is made under paragraph (2), the Government may formulate and implement a comprehensive measure including special assistance in administration, finance, and banking.

(5)	Matters necessary for composition and operation of an employment disaster investigation team and conducting investigation under paragraph (3) and details of the assistance under paragraph (4) shall be prescribed by Presidential Decree.

[This Article Newly Inserted by Act No. 12324, Jan. 21, 2014]

Article 33 (Reports, etc. on Large-Scale Changes in Employment)

(1)

When fluctuations in the volume of employment caused by the automation, new installation or extension of production facilities, and the reduction, adjustment, etc. of business scale reach the level prescribed by Presidential Decree, business owners shall report to the employment security office on matters concerning fluctuations in the volume of employment concerned: Provided, That this shall not apply where a report is filed in accordance with Article 24 (4) of the Labor Standards Act.

(2)

In receipt of the report under paragraph (1), the head of an employment security office shall take measures necessary for the promotion of re-employment of the unemployed or for securing human resources for the relevant business, such as expansion of job placement by securing the information on jobs offerings and jobs seeking, and requiring public vocational training institutions to provide vocational training.

Article 34 (Unemployment Relief Programs)

(1)

Where a mass unemployment has arisen or is likely to occur, or where employment security measures, such as employment promotion for the unemployed is deemed necessary, as a result of investigation into industrial and regional unemployment situations, the Minister of Employment and Labor may implement programs to relieve unemployment, including the following measures (hereinafter referred to as "unemployment relief programs") in consultations with the head of the related central administration agency: <Amended by Act No. 10339, Jun. 4, 2010>

1.	Execution of and support for training for promoting the employment of the unemployed;

2.

Support for living costs, rehabilitation funds, social insurance premiums, such as insurance premiums under the National Health Insurance Act, medical expenses (including family’s medical expenses), school expenses (including children’s school expenses), deposit money for the lease of a house, the lease of a shop for business start-up, etc. for the unemployed;

3.	Prevention of unemployment, promotion of re-employment of the unemployed, and support for persons carrying out other programs for employment security;

4.	Loans to those who carry out business related to employment promotion;

5.	Execution of public labor projects for the unemployed;

6.	Other measures necessary for the resolution of unemployment.

(2)

The Minister of Employment and Labor may entrust the Labor Welfare Corporation under the Industrial Accident Compensation Insurance Act (hereinafter referred to as the "Corporation") with some of the unemployment relief programs, as prescribed by Presidential Decree. <Amended by Act No. 10339, Jun. 4, 2010>

(3)	In applying paragraphs (1) and (2), unpaid retirees temporarily from office prescribed by Presidential Decree shall be hereby deemed the unemployed.

(4)	Matters necessary for carrying out unemployment relief programs shall be prescribed by Presidential Decree.

Article 35 (Creation of Funds for Unemployment Relief Programs)

(1)	Where the Corporation carries out the unemployment relief programs on entrustment pursuant to Article 34 (2), it shall create funds required to carry out the unemployment relief programs through the following methods:

1.	Contributions or subsidies by the Government or persons other than the Government;

2.	Borrowing of funds under Article 36;

3.	Other revenues.

(2)	The Corporation shall manage and operate funds created pursuant to paragraph (1) as resources of the labor welfare promotion fund under Article 87 of the Framework Act on Labor Welfare. <Amended by Act No. 10361, Jun. 8, 2010>

Article 36 (Borrowing of Funds)

Where deemed necessary to implement the unemployment relief programs entrusted pursuant to Article 34 (2), the Corporation may borrow funds (including borrowing from international organizations, foreign governments, or foreigners) upon approval from the Minister of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010>

Article 37 (Cooperation of Related Agencies)

(1)

Where deemed necessary for stability in the employment of the unemployed or adjustment of the supply and demand of human resources, the Minister of Employment and Labor may request the heads of related central administration agencies or the heads of local governments for cooperation with regard to the commencement and suspension of works under their jurisdiction or employment etc. of workers. <Amended by Act No. 10339, Jun. 4, 2010>

(2)	When the head of a central administration agency or local government is requested to provide cooperation under paragraph (1), he/she shall comply with such request, unless there is a compelling reason not to do so.

Article 38 (Reporting and Inspections)

(1)

When deemed necessary concerning the collection and provision of employment information, support for employment management and employment adjustments, etc., the Minister of Employment and Labor may require business owners and persons who have received or intend to receive support under this Act to report on necessary matters, such as the status of employment management, details of usage of subsidies, and qualifications of support, as prescribed by Presidential Decree. <Amended by Act No. 10339, Jun. 4, 2010>

(2)

When deemed necessary for such matters as determining illegality concerning support for employment management and employment coordination adjustments, the Minister of Employment and Labor may require related public officials to enter places of business or workshops of the business owners to question relevant persons or inspect relevant documents. <Amended by Act No. 10339, Jun. 4, 2010>

(3)

When intending to conduct inspection under paragraph (2), the Minister of Employment and Labor shall notify in advance a related business owner of matters necessary for the inspection, such as date and details of the inspection: Provided, That this shall not apply when it is urgent or it is deemed the intended objectives may not be achieved if prior notice is given. <Amended by Act No. 10339, Jun. 4, 2010>

(4)	The related public officials who conduct an inspection under paragraph (2) shall carry a certificate indicating their authority and present it to the persons concerned.

(5)	When having conducted an inspection under paragraphs (2) through (4), the Minister of Employment and Labor shall notify in writing the related business owner of the inspection results. <Amended by Act No. 10339, Jun. 4, 2010>

Article 39 (Entrustment of Powers)

The authority of the Minister of Employment and Labor under this Act may be entrusted, in part, to the Mayors/Do Governors or the heads of employment security offices, as prescribed by Presidential Decree. <Amended by Act No. 10339, Jun. 4, 2010>

Article 40 (Delegation)

(1)	The Minister of Employment and Labor may delegate some of business, such as the collection and provision of employment information, etc., under Articles 15 through 17 to the Korea Employment Information Service under Article 18. <Amended by Act No. 10339, Jun. 4, 2010>

(2)	The State or the local governments may delegate business concerning the establishment and operation of the facilities under Article 11 (4) to a non-profit corporation or organization prescribed by Presidential Decree.

Article 41 (Penalty Provisions)

Each person who discloses confidential information acquired in the course of performing his/her duties or uses it for any other purpose, in violation of Articles 13-4 (6) and 18 (9), shall be punished by imprisonment with labor for not more than ten years or by a fine not exceeding 100 million won. <Amended by Act No. 13262, Mar. 27, 2015>

Article 42 (Administrative Fines)

(1)	Any of the following persons shall be punished by an administrative fine not exceeding three million won:

1.	A person who fails to report or reports falsely in violation of Article 33 (1);

2.	A person who fails to report under Article 38 (1) or reports falsely;

3.	A person who refuses, hinders, or evades answering any question asked under Article 38 (2) or makes a false answer, or a person who refuses, hinders, or evades inspections conducted under the same paragraph.

(2)	Administrative fines referred to in paragraph (1) shall be imposed and collected by the Minister of Employment and Labor, as prescribed by Presidential Decree. <Amended by Act No. 10339, Jun. 4, 2010>

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