Presidential Decree No. 25879, Dec. 23, 2014
Amended by Presidential Decree No. 29963, Jul. 9, 2019
Article 1 (Purpose) |
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”): |
(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: |
Article 3 (Period for Retaining Hiring Documents) |
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) |
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: |
Article 6 (Delegation of Authority) |
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) |
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. |