Wholly Amended by Presidential Decree No. 22465, Oct. 27, 2010
| Article 1 (Purpose) |
| Article 2 (Ex Officio Labor Inspectors) |
| (1) | Any of the following public officials in general service shall be deemed appointed as labor inspectors on their appointment date for the following relevant position: |
| 1. | Public officials under the direct jurisdiction of the section or officer in charge of performing any of the following businesses, among public officials of Grade III through Grade VII of the Ministry of Employment and Labor: |
| (a) | Business concerning equal employment opportunities prescribed in Article 10 (3) 29 through 31 of the Decree on the Organization of the Ministry of Employment and Labor and Institutions under Its Jurisdiction (hereinafter referred to as “Decree on the Organization”); |
| (b) | Business concerning protecting woman workers prescribed in Article 10 (3) 32 through 34 of the Decree on the Organization; |
| (c) | Business concerning labor unions prescribed in Article 11 (3) 6 through 10 and 40 through 42 of the Decree on the Organization; |
| (d) | Business concerning labor-management disputes prescribed in Article 11 (3) 11 and 12 of the Decree on the Organization; |
| (e) | Business concerning labor standards prescribed in Article 11 (3) 13, 15 through 18, 22 and 23 of the Decree on the Organization; |
| (f) | Business concerning wages prescribed in Article 11 (3) 14, 19 through 21, and 24 of the Decree on the Organization; |
| (g) | Business concerning occupational health prescribed in Article 11 (3) 32 through 36 of the Decree on the Organization; |
| (h) | Business concerning occupational safety prescribed in Article 11 (3) 37 through 39 of the Decree on the Organization; |
| 2. | Public officials under the jurisdiction of the section in charge of performing business concerning labor improvement guidance, and occupational safety and health, among public officials of Grade IV through Grade VII of regional employment offices; |
| 3. | Public officials under the jurisdiction of the section in charge of performing business concerning labor improvement guidance, and occupational safety and health, among the heads of branch offices and substations of a regional employment and labor office, and public officials of Grade Ⅳ through Grade VII under the control thereof. |
| (2) | In applying paragraph (1), public officials whose period of service in the Ministry of Employment and Labor and institutions under its jurisdiction is less than one year, among public officials in general service of Grade VI or Grade VII, shall be deemed appointed as labor inspectors on the date their period of service therein reaches one year. |
| (3) | Where a labor inspector prescribed in paragraph (1) is subjected to a disciplinary disposition either with respect to business of labor inspection, or violation of Article 61, 65 or 66 of the State Public Officials Act, regardless of the scope of his/her duties, he/she shall not perform the duties of a labor inspector for the following relevant period from the date of such disciplinary disposition: |
| 1. | Where subjected to a disposition of either demotion to a lower grade or suspension from office: one year and six months; |
| 2. | Where subjected to a disposition of salary reduction; one year; |
| 3. | Where subjected to a disposition of reprimand; six months. |
| Article 3 (Appointed Labor Inspectors) |
| (1) | Where the Minister of Employment and Labor or the head of a regional employment office deems it impracticable to recruit labor inspectors only from among public officials falling under Article 2 (1) or (2) under his/her jurisdiction, he/she may appoint any of the following persons as labor inspectors, from among public officials in general service of Grade VI or Grade VII referred to in any subparagraph of Article (1) whose period of service in the Ministry of Employment and Labor and institutions under its jurisdiction is less than one year: |
| 1. | Persons completing the education determined by the Minister of Employment and Labor; |
| 2. | Persons whose period of experience in assisting a labor inspector in performing his/her business is at least six months, after having been designated as a person performing duties of a junior judicial police officer pursuant to Article 5 (1). |
| (2) | Where it is necessary to organize a temporary task force for investigating any case of violating a labor-related statute in the Ministry of Employment and Labor, a regional employment office and a branch office and a substation thereof (hereinafter referred to as “regional employment and labor office”), the Minister of Employment and Labor or the head of a regional employment office may, in addition to public officials eligible to be labor inspectors pursuant to Article 2 (1) and (2), appoint as a labor inspector any person who has ever worked as a labor inspector, from among public officials of Grade III through Grade VII or public officials belonging to the Senior Civil Service. |
| Article 4 (Release from Appointment as Labor Inspector) |
| (1) | A person either deemed appointed as a labor inspector pursuant to Article 2 (1) and (2) or appointed as such pursuant to Article 3 (1) shall be deemed released from appointment as such when he/she ceases to work under the direct jurisdiction of the section or officer in charge referred to in any subparagraph of Article 2 (1). |
| (2) | A person appointed as a labor inspector pursuant to Article 3 (2) shall be deemed to be released from appointment as such when the relevant task force is dissolved. |
| (3) | Where a labor inspector prescribed in Article 3 (1) or (2) is subjected to a disciplinary disposition either with respect to the business of labor inspection, or for violating Article 61, 65 or 66 of the State Public Officials Act, regardless of the scope of his/her duties, the Minister of Employment and Labor and the head of a regional employment office shall immediately release such labor inspector from appointment as a labor inspector. In such cases, Article 2 (3) shall apply |
| (4) | Where, with respect to duties of labor inspection, a labor inspector prescribed in Article 3 (1) and (2) has been subjected to a warning disposition at least twice within the recent two years, the Minister of Employment and Labor and the head of a regional employment office shall immediately release such labor inspector from appointment as a labor inspector, and such labor inspector shall not perform the duties of a labor inspector for six months from the date of release from appointment as such. |
| Article 5 (Recommendation for Designation of a Junior Judicial Police Officer, etc.) |
| (1) | The head of a regional employment and labor office may assign a person with excellent service records, from among public officials of Grade VIII or IX, to the department in charge of business concerning labor improvement guidance and occupational safety and health, and recommend such public official as the chief prosecutor of the district prosecutors’ office having jurisdiction over his/her service place pursuant to Article 6-2 (2) of the Act on the Persons Performing the Duties of Judicial Police Officers and the Scope of Their Duties to have him/her assist labor inspectors in conducting criminal investigations after he/she is nominated by that chief prosecutor as a person performing the duties of a junior judicial police officer. |
| (2) | Where a person nominated pursuant to paragraph (1) falls under any of the following subparagraphs, the head of a regional employment and labor office shall immediately recover the letter of nomination and return it to the chief prosecutor of the district prosecutors’ office having jurisdiction over the service place of such person: |
| 1. | Where he/she ceases to work at the department in charge to which he/she belonged as at the time he/she is designated; |
| 2. | Where, with respect to labor inspection, he/she is subjected to a disciplinary disposition or has been subjected to a warning disposition at least twice within the recent two years. |
| Article 6 (Payment of Expenses Incurred Regarding Activities) |
| Article 7 (Certificate) |
| (1) | The Minister of Employment and Labor and the head of a regional employment and labor office shall issue a certificate indicating the status of a labor inspector. |
| (2) | Matters necessary for issuing the certificate prescribed in paragraph (1) shall be prescribed by Ordinance of the Ministry of Employment and Labor. |