ENFORCEMENT DECREE OF THE ACT ON THE PROTECTION OF FIXED-TERM AND PART-TIME EMPLOYEES
Presidential Decree No. 20093, jun. 18, 2007
Amended by Presidential Decree No. 21835, Nov. 20, 2009
Presidential Decree No. 21928, Dec. 30, 2009
Presidential Decree No. 22018, Feb. 4, 2010
Presidential Decree No. 22269, Jul. 12, 2010
Presidential Decree No. 22797, Mar. 30, 2011
Presidential Decree No. 23488, Jan. 6, 2012
Presidential Decree No. 23852, jun. 12, 2012
Presidential Decree No. 24852, Nov. 20, 2013
Presidential Decree No. 25614, Sep. 18, 2014
Article 2 (Scope of Application) |
Article 3 (Exception of Restriction on Period of Employment for Fixed-Term Employees) |
(1) | "Where the job requires professional knowledge and skills, as prescribed by Presidential Decree" under Article 4 (1) 5 of the Act shall be any of the following: |
1. | Where an employee has a doctorate (including a doctorate conferred in a foreign country) and engages in the relevant field; |
3. | Where an employee has a professional qualification specified in attached Table 2 and engages in the relevant field. |
(2) | "Where the job is offered as part of the Government's welfare or unemployment measures, as prescribed by Presidential Decree" under Article 4 (1) 5 of the Act shall be any of the following: <Amended by Presidential Decree No. 21928, Dec. 30, 2009> |
(3) | "Where prescribed by Presidential Decree" under Article 4 (1) 6 of the Act shall be any of the following: <Amended by Presidential Decree No. 22018, Feb. 4, 2010; Presidential Decree No. 22269, Jul. 12, 2010> |
1. | Where other statutes determine the employment term of fixed-term employees differently from Article 4 (1) of the Act, or allow to conclude an employment contract by fixing a separate term; |
2. | Where an employee who has specialized military knowledge and skills acknowledged by the Minister of National Defense engages in the relevant job or lectures subjects relating to security and military science at a university or a college under subparagraph 1 of Article 2 of the Higher Education Act; |
3. | Where an employee with special career experience engages in affairs related to national security, national defense, diplomacy or reunification; |
5. | Where the wage and salary income under Article 20 (1) of the Income Tax Act (referring to annual average wage and salary income for the recent two years) of an employee who engages in a job of main classification 1 and main classification 2 pursuant to the Korean Standards Classification notified under Article 22 of the Statistics Act falls under 25/100 of the superior position of the wage and salary income of an employee who engages in main classification 2 pursuant to the Korean Standard Classification of the survey on the status of work by employment type that is recently surveyed by the Minister of Employment and Labor; |
8. | Where an employee engages directly in research affairs in any of the following research institutes or engages in the affairs directly involving and supporting the research affairs such as performance of experiments and investigations, etc.: |
(a) | National research institutes; |
(d) | Research institutes established under the Act on the Establishment and Operation Local Government-Invested Research Institutes; |
(f) | Affiliated institutions of enterprises or universities; |
(g) | Research institutes which are corporations established under the Civil Act or other statutes. |
Article 4 (Number and Qualification of Expert Members) |
(2) | An expert member under paragraph (1) shall be appointed by the chairperson of the National Labor Relations Commission under Article 2 (1) of the Labor Relations Commission Act (hereinafter referred to as "National Labor Relations Commission") from those among persons having doctorates in the field of study related to labor issues such as laws, business administration and economics; or persons having a relevant certificate as an attorney, certified public accountant or certified labor consultant. |
(3) | Matters concerning the salary of an expert member under paragraph (1) shall be separately determined by the National Labor Relations Commission in application mutatis mutandis of the standard table of annual salary grade for fixed-term public officials in general service under attached Table 34 of the Public Officials Remuneration Regulations. <Amended by Presidential Decree No. 24852, Nov. 20, 2013> |
Article 5 (Delegation of Authority) |
The authority of the Minister of Employment and Labor for the following shall be delegated to the head of a regional employment and labor office under Article 19 of the Act: <Amended by Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 23852, Jun. 12, 2012; Presidential Decree No. 25614, Sep. 18, 2014>
Article 5-2 (Processing Personally Identifiable Information) |
1. | Affairs concerning applications for rectification of discriminatory treatment against a fixed-term or part-time employee under Article 9 (1) of the Act; |
2. | Affairs concerning mediating and arbitrating on application for rectification of discriminatory treatment against a fixed-term or part-time employee under Article 11 of the Act; |
3. | Affairs concerning retrial on a corrective order or decision of dismissal for discriminatory treatment against a fixed-term or part-time employee under Article 14 of the Act. |
[This Article Newly Inserted by Presidential Decree No. 23488, Jan. 6, 2012]
Article 6 (Criteria for Imposing Administrative Fines) |
The criteria for imposing administrative fines under Article (1) and (2) of the Act shall be as prescribed in attached Table 3.
[This Article Wholly Amended by Presidential Decree No. 22797, Mar. 30, 2011]
ADDENDUM
This Decree shall enter into force on July 1, 2007: Provided, That the effective date of attached Table 3 (limited to subparagraphs 1 and 2) shall be as follows by business or workplace (referring to the business or workplace of an employer; hereinafter the same shall apply):
1. | A business or workplace regularly employing less than 300 employees: July 1, 2007; |
3. | A business or workplace regularly employing more than 100 but less than 300 employees: July 1, 2008; |
4. | A business or workplace regularly employing less than 100 employees: July 1, 2009. |
ADDENDA <Presidential Decree No. 21835, Nov. 20, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 22, 2009.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 21928, Dec. 30, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2010.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 22018, Feb. 4, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability)
The amended provisions of Article 3 (3) 4, 5 and 8 shall apply to conclusion and renewal of employment contracts or extension of existing employment contracts after this Decree enters into force.
ADDENDA <Presidential Decree No. 22269, Jul. 12, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Presidential Decree No. 22797, Mar. 30, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2011.
Article 2 (Transitional Measures concerning Administrative Fines)
(1) | When the criteria for imposing administrative fines for violations committed before this Decree enters into force apply thereto, notwithstanding the amended provisions of attached Table 3, the former provisions shall apply. |
(2) | No administrative fine imposed for a violation before this Decree enters into force shall be included in the calculation of the number of violations under the amended provisions of attached Table 3. |
ADDENDA <Presidential Decree No. 23488, Jan. 6, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 23852, Jun. 12, 2012>
This Decree shall enter into force on August 2, 2012.
ADDENDA <Presidential Decree No. 24852, Nov. 20, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 12, 2013.
Articles 2 through 9 Omitted.
ADDENDUM <Presidential Decree No. 25614, Sep. 18, 2014>
This Decree shall enter into force on September 19, 2014.