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ENFORCEMENT DECREE OF THE FAIR HIRING PROCEDURE ACT

Presidential Decree No. 25879, Dec. 23, 2014

Amended by Presidential Decree No. 29963, Jul. 9, 2019

 Article 1 (Purpose)
The purpose of this Decree is to prescribe matters mandated by the Fair Hiring Procedure Act and those necessary for enforcing said Act.
 Article 2 (Period for Returning Hiring Documents)
(1) Upon receipt of a request for the return of hiring documents from a job applicant pursuant to the main clause of Article 11 (1) of the Fair Hiring Procedure Act (hereinafter referred to as the “Act”), a job offerer shall send or deliver the hiring documents to the job applicant within 14 days from the date the job applicant files a request for return.
(2) When returning hiring documents pursuant to paragraph (1), the job offerer shall return the relevant documents as specially-handled postal items under Article 14 (2) 3 or 15 (2) 3 of the Postal Service Act (hereinafter referred to as “specially-handled postal items”): Provided, That such documents may be delivered in such a manner agreed upon by the job applicant, upon request.
(3) The location to which hiring documents are to be returned as specially-handled postal items pursuant to paragraph (2) shall be the address of the job applicant stated in such documents: Provided, That if the job applicant designates a location of return when filing a request for the return of the hiring documents pursuant to paragraph (1), such documents shall be returned thereto.
 Article 3 (Period for Retaining Hiring Documents)
“Period prescribed by Presidential Decree” in the main clause of Article 11 (3) of the Act means each of the following periods:
1. Where a job applicant does not file a request for the return of hiring documents pursuant to the main clause of Article 11 (1) of the Act: The period for filing a request for return by the job applicant under Article 4;
2. Where a job applicant files a request for the return of hiring documents pursuant to the main clause of Article 11 (1) of the Act: The period until the job offerer sends or delivers specially-handled postal items pursuant to Article 2 (1).
 Article 4 (Period for Filing Request for Return of Hiring Documents)
The period for filing a request for the return of hiring documents under Article 11 (4) of the Act shall be the period set by a job offerer no later than 14 to 180 days after the hiring of a job applicant is determined. In such cases, the job offerer shall notify the job applicant of the period for filing the request for the return of hiring documents set by the job offerer before the hiring of the job applicant is determined.
 Article 5 (Charging of Expenses Incurred in Returning Hiring Documents)
(1) “Extent prescribed by Presidential Decree” in the proviso of Article 11 (5) of the Act means postal charges and fees for the use of postal services under Article 12 of the Enforcement Decree of the Postal Service Act, which are incurred in delivering hiring documents as specially-handled postal items.
(2) Where a job offerer intends to charge a job applicant for the expenses incurred in returning hiring documents pursuant to the proviso of Article 11 (5) of the Act, he or she shall designate an account of a financial institution in which the payment is to be received for the expenses incurred in returning the hiring documents and notify the job applicant thereof before the hiring of the job applicant is determined: Provided, That the same shall not apply where the hiring documents are sent in the manner that charges the expenses to an addressee under Article 29 of the Enforcement Decree of the Postal Service Act, upon an application of the job applicant.
 Article 6 (Delegation of Authority)
Pursuant to Article 15 of the Act, the Minister of Employment and Labor shall delegate to the head of each local government office of employment the following authority: <Amended by Presidential Decree No. 29963, Jul. 9, 2019>
1. Approval for bearing part of the hiring examination expenses under the proviso of Article 9 of the Act;
2. Issuance of a corrective order concerning the hiring examination expenses, etc. and receipt of a report on the result of compliance under Article 12 of the Act;
3. Reporting and investigation under Article 14 of the Act;
4. Imposition and collection of administrative fines under Article 17 (4) of the Act.
 Article 7 (Criteria for Imposition of Administrative Fines)
The criteria for imposition of administrative fines under Article 17 (1) through (3) of the Act shall be as specified in the attached Table.
[This Article Wholly Amended by Presidential Decree No. 29963, Jul. 9, 2019]
ADDENDUM
The enforcement date of this Decree shall be as follows:
1. Business or a place of business that employs a regular workforce of at least 300 employees; public institutions under Article 4 of the sAct on the Management of Public Institutions; local government-invested public corporations under Article 49 of the Local Public Enterprises Act and local public agencies under Article 76 of that Act; and the State and local governments: January 1, 2015;
2. Business or a place of business that employs a regular workforce of at least 100 but less than 300 employees: January 1, 2016;
3. Business or a place of business that employs a regular workforce of at least 30 but less than 100 employees: January 1, 2017.
ADDENDA <Presidential Decree No. 29963, Jul. 9, 2019>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 17, 2019.
Article 2 (Transitional Measures concerning Criteria for Imposition of Administrative Fines)
In applying the criteria for imposition of administrative fines, any violation committed before this Decree enters into force shall be governed by the previous provisions, notwithstanding the amended provisions of the attached Table.