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ACT ON THE PROTECTION, ETC. OF TEMPORARY AGENCY WORKERS

Act No. 5512, Feb. 20, 1998

Amended by Act No. 8076, Dec. 21, 2006

Act No. 8372, Apr. 11, 2007

Act No. 8617, Aug. 3, 2007

Act No. 8963, Mar. 21, 2008

Act No. 8964, Mar. 21, 2008

Act No. 9432, Feb. 6, 2009

Act No. 9698, May 21, 2009

Act No. 10339, jun. 4, 2010

Act No. 11024, Aug. 4, 2011

Act No. 11279, Feb. 1, 2012

Act No. 11668, Mar. 22, 2013

Act No. 12470, Mar. 18, 2014

Act No. 12632, May 20, 2014

Act No. 14790, Apr. 18, 2017

Act No. 16272, Jan. 15, 2019

Act No. 16413, Apr. 30, 2019

Act No. 17326, May 26, 2020

Act No. 17605, Dec. 8, 2020

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Act is to promote the proper operation of temporary work agency business and to establish criteria for working conditions, etc. for temporary agency workers, thereby contributing to the stability of employment, the promotion of the welfare of temporary agency workers and the efficient supply of and demand for manpower.
[This Article Wholly Amended on Apr. 30, 2019]
 Article 2 (Definitions)
The terms used in this Act shall be defined as follows: <Amended on May 26, 2020>
1. The term "temporary placement of workers" means engaging a worker employed by a temporary work agency to work for, and under the direction and supervision of, a user company in accordance with the terms and conditions of a contract on temporary placement of workers, while maintaining his/her employment relationship with the temporary work agency;
2. The term "temporary work agency business" means conducting temporary placement of workers for business purposes;
3. The term "temporary work agency" means a person engaged in temporary work agency business;
4. The term "user company" means a person for whom a temporary agency worker works under a contract on temporary placement of workers;
5. The term "temporary agency worker" means a person employed by a temporary work agency to be assigned to work for a user company;
6. The term "contract on temporary placement of workers" means an agreement prescribing temporary placement of workers between a temporary work agency and a user company;
7. The term "discriminatory treatment" means imposing unfavorable conditions on the following without just cause:
(b) A bonus provided regularly, such as a regular bonus and holiday bonus;
(c) Performance-based pay;
(d) Other matters related to working conditions, welfare, etc.
[This Article Wholly Amended on Apr. 30, 2019]
 Article 3 (Responsibilities of Government)
In order to protect temporary agency workers and make it easy for workers to find jobs and for employers to secure manpower, the Government shall endeavor to ensure that workers are directly employed by employers by preparing and implementing the measures for the following purposes:
1. Gathering and provision of employment information;
2. Research on jobs;
3. Vocational guidance;
4. Establishment and operation of employment security offices.
[This Article Wholly Amended on Apr. 30, 2019]
 Article 4 (Surveys and Research on Temporary Work Agency Business)
(1) The Government may, if necessary, require persons representing workers, employers, the public interest, and related experts to conduct surveys and research on major matters concerning the proper operation of temporary work agency business and the protection of temporary agency workers.
(2) Matters necessary for surveys and research provided for in paragraph (1) shall be prescribed by Ordinance of the Ministry of Employment and Labor.
[This Article Wholly Amended on Apr. 30, 2019]
CHAPTER II PROPER OPERATION OF TEMPORARY WORK AGENCY BUSINESS
 Article 5 (Jobs Permitted for Temporary Placement of Workers)
(1) Jobs permitted for temporary placement of workers shall be deemed appropriate for that purpose in consideration of professional knowledge, skills or experience or the nature of duties and prescribed by Presidential Decree, except for those directly related to production in the manufacturing industry.
(2) Notwithstanding paragraph (1), if a vacancy occurs due to child birth, an illness, injury, etc. or there is a need to temporarily or intermittently secure manpower, temporary placement of workers may be permitted.
(3) Notwithstanding paragraphs (1) and (2), no temporary workers shall be assigned to any of the following jobs: <Amended on Jan. 15, 2019>
1. Jobs performed at a construction site;
3. Seafarers' jobs defined in subparagraph 1 of Article 2 of the Seafarers’ Act;
4. Harmful or hazardous jobs prescribed in Article 58 of the Occupational Safety and Health Act;
5. Any other job prescribed by Presidential Decree as deemed inappropriate for temporary work agency business by reason of protecting workers, etc.
(4) Where any user company intends to use a temporary agency worker pursuant to paragraph (2), the user company shall have sincere prior consultation with a trade union of the company or workplace if the trade union is comprised of a majority of workers, or with a person representing a majority of workers if no trade union exists.
(5) No person shall engage in temporary work agency business nor be provided with temporary agency services in violation of paragraphs (1) through (4).
[This Article Wholly Amended on Apr. 30, 2019]
 Article 6 (Period of Temporary Employment)
(1) The employment period of a temporary agency worker shall not exceed one year, except in cases falling under Article 5 (2).
(2) Notwithstanding paragraph (1), a period of temporary employment may be extended if agreed among the temporary work agency, the user company and the temporary agency worker. In such cases, the period so extended shall not exceed one year at a time, and the total period of temporary employment, including the extended period, shall not exceed two years.
(3) Notwithstanding the latter part of paragraph (2), with regard to aged temporary agency workers defined in subparagraph 1 of Article 2 of the Act on Prohibition of Age Discrimination in Employment and Elderly Employment Promotion, the total period of temporary employment may exceed two years.
(4) An employment period of a temporary agency worker under Article 5 (2) shall be according to the following classifications: <Amended on May 26, 2020>
1. Where there is a clear and objective cause, such as childbirth, illness, injury, etc.: A period required to resolve the relevant cause;
2. Where there is a need to secure manpower on a temporary or intermittent basis: A period of up to three months: Provided, That where the relevant cause is not resolved and an agreement is made among the temporary work agency, the user company and the temporary agency worker, the period may be extended by up to three months only once.
[This Article Wholly Amended on Apr. 30, 2019]
 Article 6-2 (Obligations of Employment)
(1) Where a user company falls under any of the following cases, the user company shall directly employ a temporary agency worker:
1. Where the user company uses the temporary agency worker in the jobs prohibited from temporary placement of workers prescribed in Article 5 (1) (excluding cases where temporary work agency business is conducted pursuant to Article 5 (2));
2. Where the user company uses the temporary agency worker in violation of Article 5 (3);
3. Where the user company continues to use the temporary agency worker in excess of two years in violation of Article 6 (2);
4. Where the user company uses the temporary agency worker in violation of Article 6 (4);
5. Where the user company is provided with services for temporary placement of workers in violation of Article 7 (3).
(2) Paragraph (1) shall not apply where the relevant temporary agency worker clearly expresses his/her dissenting opinion or where a justifiable ground prescribed by Presidential Decree exists.
(3) Where a user company directly employs a temporary agency worker pursuant to paragraph (1), working conditions for the temporary agency worker shall be according to the following classifications:
1. Where there is a worker performing the same or similar kind of duties as the temporary agency worker among the workers employed by the user company: The working conditions prescribed in the employment rules, etc. applicable to such worker shall apply to the temporary agency worker;
2. Where there is no worker performing the same or similar kind of duties as the temporary agency worker among the workers employed by the user company: The working conditions for the temporary agency worker shall not be worsened compared to his/her existing working conditions.
(4) Where a user company intends to directly employ a worker for a job for which a temporary agency worker is already being placed, the user company shall endeavor to give priority to employing the temporary agency worker.
[This Article Wholly Amended on Apr. 30, 2019]
 Article 7 (Permission for Temporary Work Agency Business)
(1) Any person who intends to engage in temporary work agency business shall obtain permission from the Minister of Employment and Labor, as prescribed by Ordinance of the Ministry of Employment and Labor. The foregoing shall also apply to any revision of important matters prescribed by Ordinance of the Ministry of Employment and Labor among permitted matters.
(2) Where a person who has obtained permission for temporary work agency business pursuant to the former part of paragraph (1) intends to revise permitted matters, other than the important matters referred to in the latter part of the same paragraph, the person shall report such revision to the Minister of Employment and Labor, as prescribed by Ordinance of the Ministry of Employment and Labor.
(3) No user company shall be provided with temporary agency services from a person who engages in temporary work agency business in violation of paragraph (1).
(4) In receipt of a report under paragraph (2), the Minister of Employment and Labor shall review the details of the report and, if they are in compliance with this Act, shall accept the report. <Newly Inserted on Dec. 8, 2020>
[This Article Wholly Amended on Apr. 30, 2019]
 Article 8 (Grounds for Disqualification from Obtaining Permission)
Any of the following persons is disqualified from obtaining permission for temporary work agency business referred to in Article 7: <Amended on Dec. 8, 2020>
1. A minor, a person under adult guardianship, a person under limited guardianship, or a person who was declared bankrupt and has not yet reinstated;
2. A person in whose case two years have not passed since his/her imprisonment without labor or a heavier punishment (excluding a suspended sentence thereof) as declared by a court was completely executed or exempted;
3. A person who was sentenced to a fine or a heavier punishment (excluding a suspended sentence thereof) for violating this Act; the Employment Security Act; Articles 7, 9, 20 through 22, 36, 43, 44, 44-2, 46, 56 and 64 of the Labor Standards Act; Article 6 of the Minimum Wage Act; and Article 110 of the Seafarers’ Act, and in whose case three years have not passed since the punishment was completely executed or exempted;
4. A person under the suspended sentence of imprisonment without labor or a heavier punishment as declared by a court;
5. A person in whose case three years have not passed since permission for the relevant business was revoked (excluding where the permission was cancelled due to falling under subparagraph 1 of this Article) under Article 12;
6. A corporation which has an executive officer falling under any of subparagraphs 1 through 5.
[This Article Wholly Amended on Apr. 30, 2019]
 Article 9 (Criteria for Granting Permission)
(1) Where any application for permission of temporary work agency business is filed pursuant to Article 7, the Minister of Employment and Labor may grant permission only when all of the following requirements are met:
1. An applicant shall have assets, facilities, etc. which enable him/her to properly conduct temporary work agency business;
2. The relevant temporary work agency business shall not target a small number of particular user companies.
(2) Detailed criteria for granting permission under paragraph (1) shall be prescribed by Presidential Decree.
[This Article Wholly Amended on Apr. 30, 2019]
 Article 10 (Period of Validity of Permission)
(1) The period of validity of permission for temporary work agency business shall be three years.
(2) Any person who intends to continue to conduct the temporary work agency business after expiration of the period of validity of permission prescribed in paragraph (1) shall obtain permission for renewal, as prescribed by Ordinance of the Ministry of Employment and Labor.
(3) The period of validity of any renewed permission prescribed in paragraph (2) shall be three years counting from the date following the date on which the period of validity of permission expires.
(4) Articles 7 through 9 shall apply mutatis mutandis to permission for renewal prescribed in paragraph (2).
[This Article Wholly Amended on Apr. 30, 2019]
 Article 11 (Closure of Business)
(1) Where a temporary work agency closes temporary work agency business, it shall report such closure to the Minister of Employment and Labor, as prescribed by Ordinance of the Ministry of Employment and Labor.
(2) Where a report is filed under paragraph (1), permission for temporary work agency business shall become void from the date of reporting.
[This Article Wholly Amended on Apr. 30, 2019]
 Article 12 (Revocation of Permission)
(1) Where a temporary work agency falls under any of the following cases, the Minister of Employment and Labor may revoke permission for temporary work agency business or order such temporary work agency to suspend its business for a prescribed period of up to six months: Provided, That if it falls under subparagraph 1 or 2, permission for temporary work agency business shall be revoked:
1. Where it obtains permission referred to in Article 7 (1) or 10 (2) by fraud or other improper means;
2. Where it is disqualified due to any ground prescribed in Article 8;
3. Where it engages in temporary work agency business in violation of Article 5 (5);
4. Where it engages in temporary work agency business in violation of Article 6 (1), (2) or (4);
5. Where it revises any of the important matters without obtaining permission in violation of the latter part of Article 7 (1);
6. Where it revises any of the reported matters without reporting such revision as required under Article 7 (2);
7. Where it ceases to meet the criteria for permission prescribed in Article 9;
8. Where it fails to report business closure prescribed in Article 11 (1);
9. Where it fails to notify a user company of the details of a disposition of business suspension in violation of Article 13 (2);
10. Where it violates the ban on concurrent business prescribed in Article 14;
11. Where it lends its trade name in violation of Article 15;
12. Where it temporarily places workers in violation of Article 16 (1);
13. Where it violates matters to be observed under Article 17;
14. Where it fails to file a report as prescribed in Article 18 or files a false report;
15. Where it fails to conclude a written contract on temporary placement of workers pursuant to Article 20 (1);
16. Where it temporarily places workers without obtaining consent from such workers in violation of Article 24 (2);
17. Where it concludes an employment contract or a contract on temporary placement of workers in violation of Article 25;
18. Where it fails to inform a temporary agency worker of the matters referred to in Article 20 (1) 2 and 4 through 12 in violation of Article 26 (1);
19. Where it fails to appoint a manager responsible for temporary agency services referred to in Article 28 or appoints a disqualified person for that position;
20. Where it fails to prepare or preserve a ledger for the management of temporary agency services pursuant to Article 29;
21. Where it fails to send the results of a health examination to a user company in violation of Article 35 (5);
22. Where it fails to comply with an order to improve the operation of temporary work agency business and employment management of temporary agency workers pursuant to Article 37;
23. Where it violates an order to report prescribed in Article 38 or refuses, interferes with or evades visit, inspections or questioning by related public officials.
(2) Where the Minister of Employment and Labor intends to revoke permission for a corporation disqualified due to any ground prescribed in subparagraph 6 of Article 8, the Minister shall give in advance such corporation at least one month to replace the relevant executive officer.
(3) Where the Minister of Employment and Labor intends to revoke permission granted pursuant to paragraph (1), the Minister shall hold a hearing.
(4) Criteria for revoking permission for temporary work agency business or suspension of business under paragraph (1) shall be prescribed by Ordinance of the Ministry of Employment and Labor.
[This Article Wholly Amended on Apr. 30, 2019]
 Article 13 (Temporary Placement of Workers after Revocation of Permission)
(1) A temporary work agency for which permission is revoked or of which business is suspended under Article 12 shall have duties and rights as a temporary work agency for any temporary agency worker placed before such disposition as well as for the user company until the end of the employment period of the relevant temporary agency worker.
(2) In cases under paragraph (1), a temporary work agency shall notify a user company of such disposition without delay.
[This Article Wholly Amended on Apr. 30, 2019]
 Article 14 (Prohibition of Concurrent Business)
A person who conducts any of the following business shall not engage in temporary work agency business:
1. Food services business prescribed in Article 36 (1) 3 of the Food Sanitation Act;
2. Accommodation business prescribed in Article 2 (1) 2 of the Public Health Control Act;
3. Marriage brokers business defined in subparagraph 2 of Article 2 of the Marriage Brokers Business Management Act;
4. Any other business prescribed by Presidential Decree.
[This Article Wholly Amended on Apr. 30, 2019]
 Article 15 (Prohibition of Lending Trade Name)
No temporary work agency shall allow a third person to conduct temporary work agency business by using its trade name.
[This Article Wholly Amended on Apr. 30, 2019]
 Article 16 (Restrictions on Temporary Placement of Workers)
(1) No temporary work agency shall place workers to any workplace where industrial action is underway to perform business affairs interrupted by such industrial action.
(2) No person who dismisses a worker for management reasons prescribed in Article 24 of the Labor Standards Act shall use a temporary agency worker for the same work before the end of a period prescribed by Presidential Decree.
[This Article Wholly Amended on Apr. 30, 2019]
 Article 17 (Matters to be Observed by Temporary Work Agencies)
Each temporary work agency and manager responsible for temporary agency services prescribed in Article 28 shall observe matters prescribed by Ordinance of the Ministry of Employment and Labor to conduct temporary work agency business.
[This Article Wholly Amended on Apr. 30, 2019]
 Article 18 (Reporting on Business)
Each temporary work agency shall prepare a business report and submit it to the Minister of Employment and Labor, as prescribed by Ordinance of the Ministry of Employment and Labor.
[This Article Wholly Amended on Apr. 30, 2019]
 Article 19 (Measures for Closure)
(1) Where any person conducts temporary work agency business without permission or continues to conduct temporary work agency business after being subject to a disposition of business suspension or revocation of permission, the Minister of Employment and Labor may authorize related public officials to take the following measures to close business of such person:
1. Removing signboards or eliminating other business signs of the relevant place of business or office;
2. Posting notices indicating that the relevant business is illegal;
3. Sealing to make equipment or facilities indispensable for the operation of the relevant business unavailable.
(2) Where measures prescribed in paragraph (1) are to be taken, the relevant temporary work agency or its agent shall be notified in advance in writing: Provided, That the foregoing shall not apply in cases of emergency.
(3) The measures referred to in paragraph (1) shall be taken to the minimum extent necessary for closing the relevant business.
(4) Any relevant public official who takes measures prescribed in paragraph (1) shall produce a document certifying his/her authority to relevant persons.
[This Article Wholly Amended on Apr. 30, 2019]
CHAPTER III WORKING CONDITIONS FOR TEMPORARY AGENCY WORKERS
SECTION 1 Contracts on Temporary Placement of Workers
 Article 20 (Terms of Contracts)
(1) Parties to a contract on temporary placement of workers shall conclude such contract in writing, stating the following terms, as prescribed by Ordinance of the Ministry of Employment and Labor:
1. Number of temporary agency workers;
2. Description of work to be performed by temporary agency workers;
3. Grounds for temporary placement of workers (limited to cases where the workers are placed under Article 5 (2));
4. Name and location of the workplace where temporary agency workers will be placed and other working places;
5. Matters related to a person who will directly supervise and give orders to temporary agency workers during the period of temporary employment;
6. Matters related to the period of temporary employment and the starting date of temporary agency services;
7. Matters related to the start time and finish time of work, and recess hours;
8. Matters related to holidays and leave;
9. Matters related to extended, night and holiday work;
10. Matters related to safety and health;
11. Matters related to the fees for temporary placement of workers;
12. Any other matter prescribed by Ordinance of the Ministry of Employment and Labor.
(2) Where a user company concludes a contract on temporary placement of workers pursuant to paragraph (1), the user company shall provide necessary information to the relevant temporary work agency in order for it to comply with Article 21 (1). In such cases, matters concerning the scope of information to be provided, methods of provision, etc. shall be prescribed by Presidential Decree.
[This Article Wholly Amended on Apr. 30, 2019]
 Article 21 (Prohibition and Correction of Discriminatory Treatment)
(1) No temporary work agency nor user company shall give discriminatory treatment to any temporary agency worker on the ground of his/her employment status compared with other workers engaged in the same or similar types of work at the business of the user company.
(2) Any temporary agency worker who has received discriminatory treatment may request a correction thereof to the Labor Relations Commission established under the Labor Relations Commission Act (hereinafter referred to as “Labor Relations Commission”).
(3) Articles 9 through 15 and subparagraphs 2 and 3 of Article 16 of the Act on the Protection of Fixed-Term and Part-Time Employees shall apply mutatis mutandis to requests for correction referred to in paragraph (2) and other procedures for correction. In such cases, "fixed-term or part-time employee" and "employer" shall be construed as "temporary agency worker" and "temporary work agency or user company", respectively.
(4) Paragraphs (1) through (3) shall not apply to user companies ordinarily employing not more than four workers.
[This Article Wholly Amended on Apr. 30, 2019]
 Article 21-2 (Requests by the Minister of Employment and Labor for Correction of Discriminatory Treatment)
(1) Where any temporary work agency or user company gives discriminatory treatment in violation of Article 21 (1), the Minister of Employment and Labor may request a correction thereof.
(2) Where any temporary work agency or user company fails to comply with a request for correction made under paragraph (1), the Minister of Employment and Labor shall notify the Labor Relations Commission of the discriminatory treatment with the detailed description thereof. In such cases, the Minister of Employment and Labor shall notify the relevant temporary work agency or user company and the relevant worker of such fact.
(3) Upon receiving the notification from the Minister of Employment and Labor pursuant to paragraph (2), the Labor Relations Commission shall, without delay, examine whether the discriminatory treatment exists. In such cases, the Labor Relations Commission shall provide an opportunity to state opinions to the relevant temporary work agency or user company and the relevant worker.
(4) Articles 9 (4), 11 through 15 and 15-2 (5) of the Act on the Protection, etc. of Fixed-Term and Part-Time Workers which apply mutatis mutandis under Article 15-2 (4) of the same Act shall apply mutatis mutandis to examinations by the Labor Relations Commission under paragraph (3) and other procedures for correction. In such cases, "date of a request for correction" shall be construed as "date of receiving notification", "decision of dismissal" as "decision that there has been no discriminatory treatment", "the parties concerned" as "the temporary work agency or user company and worker", and "worker who has filed a request for correction" as "relevant worker", respectively.
[This Article Wholly Amended on Apr. 30, 2019]
 Article 21-3 (Expanding Effect of Finalized Corrective Order)
(1) The Minister of Employment and Labor may investigate whether any discriminatory treatment is given to temporary agency workers other than workers to whom the corrective order finalized pursuant to Article 14 of the Act on the Protection, etc. of Fixed-Term and Part-Time Workers which applies mutatis mutandis under Articles 21 (3) or 21-2 (4) is effective, in the business or workplace of the temporary work agency or user company which shall comply with such corrective order, and may request it to take corrective actions if such investigation finds that discriminatory treatment exists.
(2) Article 21-2 (2) through (4) shall apply mutatis mutandis where the temporary work agency or user company fails to comply with the request for correction under paragraph (1). <Amended on May 26, 2020>
[This Article Newly Inserted on Mar. 18, 2014]
 Article 22 (Termination of Contracts)
(1) No user company shall terminate a contract on temporary placement of a worker based on the gender, religion or social status of a temporary agency worker or his/her legitimate involvement in union activities.
(2) If a user company, with regard to any temporary placement of workers, violates this Act or orders issued under this Act, the Labor Standards Act or orders issued under the same Act, the Occupational Safety and Health Act, or orders issued under the same Act, a temporary work agency may suspend the temporary placement of workers or terminate the contract on temporary placement of workers.
[This Article Wholly Amended on Apr. 30, 2019]
SECTION 2 Measures to be Sought by Temporary Work Agencies
 Article 23 (Enhancement of Welfare for Temporary Agency Workers)
Each temporary work agency shall endeavor to enhance the welfare of temporary agency workers by preparing measures necessary to secure employment and education and training opportunities suitable for their wishes and abilities, improve their working conditions, and promote their employment stability.
[This Article Wholly Amended on Apr. 30, 2019]
 Article 24 (Duty to Notify Temporary Agency Workers)
(1) Where a temporary work agency intends to employ a worker as a temporary agency worker, it shall notify such worker in advance of such intention in writing.
(2) Where a temporary work agency intends to temporarily place any of its workers who are not temporary agency workers, it shall notify such worker in advance of such intention in writing and obtain his/her consent.
[This Article Wholly Amended on Apr. 30, 2019]
 Article 25 (Prohibition of Employment Restrictions for Temporary Agency Workers)
(1) No temporary work agency shall, without just cause, conclude an employment contract with a temporary agency worker or a person who wishes to be hired as a temporary agency worker, which prohibits the worker from being hired by a user company after termination of the employment relationship with the temporary work agency.
(2) No temporary work agency shall, without just cause, conclude any contract on temporary placement of workers which prohibits a user company from hiring a temporary agency worker after termination of the employment relationship with the temporary agency worker.
[This Article Wholly Amended on Apr. 30, 2019]
 Article 26 (Notification of Employment Conditions)
(1) Where a temporary work agency intends to place a temporary agency worker, it shall, in advance, notify in writing the relevant temporary agency worker of the matters described in Article 20 (1) and other matters prescribed by Ordinance of the Ministry of Employment and Labor.
(2) Any temporary agency worker may request his/her temporary work agency to provide detailed information on the fee of the temporary placement of the relevant worker pursuant to Article 20 (1) 11.
(3) A temporary work agency in receipt of a request for detailed information prescribed in paragraph (2) shall provide such information in writing without delay.
[This Article Wholly Amended on Apr. 30, 2019]
 Article 27 (Notification to User Companies)
Where a temporary work agency places a temporary agency worker, it shall notify the user company of the temporary agency worker’s name and other matters prescribed by Ordinance of the Ministry of Employment and Labor.
[This Article Wholly Amended on Apr. 30, 2019]
 Article 28 (Managers Responsible for Temporary Agency Services)
(1) In order to properly manage the employment of temporary agency workers, a temporary work agency shall appoint a person who does not fall under any ground of disqualification prescribed in subparagraphs 1 through 5 of Article 8 as a manager responsible for temporary agency services.
(2) Matters necessary for the duties, etc. of a manager responsible for temporary agency services shall be prescribed by Ordinance of the Ministry of Employment and Labor.
[This Article Wholly Amended on Apr. 30, 2019]
 Article 29 (Ledger for Management of Temporary Agency Services)
(1) Each temporary work agency shall prepare and preserve a ledger for management of temporary agency services.
(2) Matters to be recorded on a ledger for management of temporary agency services and the period for preservation thereof under paragraph (1) shall be prescribed by Ordinance of the Ministry of Employment and Labor.
[This Article Wholly Amended on Apr. 30, 2019]
SECTION 3 Measures to be Sought by User Companies
 Article 30 (Measures for Contracts on Temporary Placement of Workers)
Each user company shall prepare necessary measures so as not to violate any terms of a contract on temporary placement of workers under Article 20.
[This Article Wholly Amended on Apr. 30, 2019]
 Article 31 (Securing Proper Temporary Agency Services)
(1) Where a temporary agency worker files a grievance over temporary agency services, the user company shall notify the temporary work agency of the details of the grievance and handle such grievance in a prompt and proper manner.
(2) In addition to handling grievances as stipulated in paragraph (1), a user company shall prepare necessary measures to enable a temporary agency worker to properly provide temporary agency services.
[This Article Wholly Amended on Apr. 30, 2019]
 Article 32 (Managers Responsible for Use of Temporary Agency Services)
(1) In order to enable temporary agency workers to properly provide temporary agency services, each user company shall appoint a manager responsible for the use of temporary agency services.
(2) Matters necessary for the duties, etc. of a manager responsible for the use of temporary agency services shall be prescribed by Ordinance of the Ministry of Employment and Labor.
[This Article Wholly Amended on Apr. 30, 2019]
 Article 33 (Ledger for Management of Use of Temporary Agency Services)
(1) Each user company shall prepare and preserve a ledger for management of the use of temporary agency services.
(2) Matters to be recorded on a ledger for management of the use of temporary agency services and the period for preservation thereof under paragraph (1) shall be prescribed by Ordinance of the Ministry of Employment and Labor.
[This Article Wholly Amended on Apr. 30, 2019]
SECTION 4 Special Cases for Application of the Labor Standards Act
 Article 34 (Special Cases for Application of the Labor Standards Act)
(1) The Labor Standards Act shall apply to services provided by a temporary agency worker during his/her period of temporary employment, deeming that a temporary work agency and a user company are an employer defined in Article 2 (1) 2 of the same Act: Provided, That for the purposes of Articles 15 through 36, 39, 41 through 43, 43-2, 43-3, 44, 44-2, 44-3, 45 through 48, 56, 60, 64, 66 through 68, and 78 through 92 of the same Act, a temporary work agency shall be deemed an employer, whereas for the purposes of Articles 50 through 55, 58, 59, 62, 63 and 69 through 74, 74-2, and 75 of the same Act, a user company shall be deemed an employer.
(2) Where a temporary work agency fails to pay wages to a temporary agency worker due to causes attributable to a user company, which are prescribed by Presidential Decree, the user company shall be jointly and severally liable for such failure along with the temporary work agency. In such cases, for the purposes of Articles 43 and 68 of the Labor Standards Act, the temporary work agency and the user company shall be deemed an employer defined in Article 2 (1) 2 of the same Act.
(3) Where a user company grants paid holidays or paid leave to a temporary agency worker pursuant to Articles 55, 73 and 74 (1) of the Labor Standards Act, the wages during such holidays or leave shall be paid by the temporary work agency.
(4) Where a temporary work agency and a user company conclude a contract on temporary placement of workers which contains any terms and conditions violating the Labor Standards Act and violate the same Act by requiring any temporary agency worker to provide services in accordance with the contract, both parties to the contract shall be subject to the relevant penalty provisions, deeming that they are an employer defined in Article 2 (1) 2 of the same Act.
[This Article Wholly Amended on Apr. 30, 2019]
 Article 35 (Special Cases for Application of the Occupational Safety and Health Act)
(1) The Occupational Safety and Health Act shall apply to services provided by a temporary agency worker during his/her period of temporary employment, deeming that a user company is an employer defined in subparagraph 4 of Article 2 of the same Act. In such cases, for the purposes of Article 29 (2) of the Occupational Safety and Health Act, "when hiring a worker" in the same paragraph shall be construed as "when receiving temporary agency services". <Amended on Jan. 15, 2019>
(2) Notwithstanding paragraph (1), for the purposes of Articles 5, the proviso of Article 132 (2), paragraph (4) of the same Article (limited to cases of a change of workplace, work reassignment and reduction of working hours), and Article 157 (3) of the Occupational Safety and Health Act, a temporary work agency and a user company shall be deemed an employer defined in subparagraph 4 of Article 2 of the same Act. <Amended on Jan. 15, 2019>
(3) Where a user company has conducted a health examination for a worker during his/her period of temporary employment pursuant to Articles 129 through 131 the Occupational Safety and Health Act, it shall explain the results of the health examination pursuant to Article 132 (2) of the same Act and shall send such results to the temporary work agency without delay. <Amended on Jan. 15, 2019>
(4) Notwithstanding paragraphs (1) and (3), a temporary work agency shall conduct health examinations prescribed by Ordinance of the Ministry of Employment and Labor among health examinations which an employer shall conduct on a regular basis pursuant to Articles 129 and 130 of the Occupational Safety and Health Act, deeming that the temporary work agency is an employer defined in subparagraph 4 of Article 2 of the same Act. <Amended on Jan. 15, 2019>
(5) Where a temporary work agency has conducted a health examination pursuant to paragraph (4), it shall explain the results of the health examination to the relevant temporary work agency pursuant to Article 132 (2) of the Occupational Safety and Health Act and shall send such results to the user company without delay. <Amended on Jan. 15, 2019>
(6) Where a temporary work agency and a user company conclude a contract on temporary placement of workers which contains any terms and conditions violating the Occupational Safety and Health Act and violate the same Act by requiring a temporary agency worker to provide services in accordance with the contract, both parties to the contract shall be subject to the relevant penalty provisions, deeming that they are an employer defined in subparagraph 4 of Article 2 of the same Act. <Amended on Jan. 15, 2019>
[This Article Wholly Amended on Apr. 30, 2019]
CHAPTER IV SUPPLEMENTARY PROVISIONS
 Article 36 (Guidance and Advice)
Where deemed necessary for enforcing this Act, the Minister of Employment and Labor may provide temporary work agencies and user companies with guidance and advice necessary for properly operating temporary work agency business and ensuring proper temporary agency services.
[This Article Wholly Amended on Apr. 30, 2019]
 Article 37 (Improvement Orders)
Where deemed necessary for ensuring proper temporary agency services, the Minister of Employment and Labor may order any temporary work agency to improve temporary work agency business and employment management of temporary agency workers.
[This Article Wholly Amended on Apr. 30, 2019]
 Article 38 (Reporting and Inspections)
(1) Where deemed necessary for enforcing this Act, the Minister of Employment and Labor may order any temporary work agency and user company to report necessary matters, as prescribed by Ordinance of the Ministry of Employment and Labor.
(2) Where deemed necessary, the Minister of Employment and Labor may authorize related public officials to visit the place of business and other facilities of a temporary work agency and a user company to inspect books, documents and other articles, or ask questions to relevant persons.
(3) Each public official who visits a place of business to conduct an inspection pursuant to paragraph (2) shall produce a document certifying his/her authority to relevant persons.
[This Article Wholly Amended on Apr. 30, 2019]
 Article 39 (Requests for Data)
(1) The Minister of Employment and Labor may request related administrative agencies, other public organizations, etc. to submit data necessary for enforcing this Act.
(2) Any person in receipt of a request for data prescribed in paragraph (1) shall comply with such request except in any extenuating circumstances.
[This Article Wholly Amended on Apr. 30, 2019]
 Article 40 (Fees)
Any person who intends to obtain permission referred to in Articles 7 and 10 shall pay fees, as prescribed by Ordinance of the Ministry of Employment and Labor.
[This Article Wholly Amended on Apr. 30, 2019]
 Article 41 (Delegation of Authority)
Part of the authority held by the Minister of Employment and Labor under this Act may be delegated to the head of a local employment and labor office, as prescribed by Presidential Decree.
[This Article Wholly Amended on Apr. 30, 2019]
CHAPTER V PENALTY PROVISIONS
 Article 42 (Penalty Provisions)
(1) Each person who places a worker to any of the following jobs, shall be punished by imprisonment with labor for up to five years or by a fine not exceeding 50 million won:
1. A job involved in an act of sexual trafficking defined in Article 2 (1) 1 of the Act on the Punishment of Arrangement of Commercial Sex Acts;
2. A job involved in manufacturing illegal foods, etc. referred to in Article 2 (1) of the Act on Special Measures for the Control of Public Health Crimes;
3. A job involved in manufacturing illegal medicines, etc. referred to in Article 3 (1) of the Act on Special Measures for the Control of Public Health Crimes;
4. A job involved in manufacturing illegal poisonous substances, etc. referred to in Article 4 (1) of the Act on Special Measures for the Control of Public Health Crimes;
5. A job involved in illegal medical practicing referred to in Article 5 of the Act on Special Measures for the Control of Public Health Crimes;
6. A job involved in selling harmful foods, etc. referred to in Article 4 of the Food Sanitation Act;
7. A job involved in selling meat, etc. affected by diseases prescribed in Article 5 of the Food Sanitation Act;
8. Other jobs corresponding to any of subparagraphs 1 through 7 as prescribed by Presidential Decree.
(2) Each person, who attempts to commit a crime provided for in paragraph (1), shall be punished.
[This Article Wholly Amended on Apr. 30, 2019]
 Article 43 (Penalty Provisions)
Each of the following persons shall be punished by imprisonment with labor for up to three years or by a fine not exceeding 30 million won:
1. A person who engages in temporary work agency business in violation of Article 5 (5), 6 (1), (2) and (4) or 7 (1);
2. A person who receives temporary agency services in violation of Article 5 (5), 6 (1), (2) or (4), or 7 (3);
3. A person who obtains permission referred to in Article 7 (1) or permission for renewal referred to in Article 10 (2) by fraud or other improper means;
4. A person who violates Article 15 or 34 (2).
[This Article Wholly Amended on Apr. 30, 2019]
 Article 43-2 (Penalty Provisions)
Any person who violates subparagraph 2 or 3 of Article 16 of the Act on the Protection of Fixed-Term and Part-Time Employees, applicable mutatis mutandis pursuant to Article 21 (3), shall be punished by imprisonment with labor for up to two years or by a fine not exceeding ten million won.
[This Article Wholly Amended on Apr. 30, 2019]
 Article 44 (Penalty Provisions)
Any of the following persons shall be punished by imprisonment with labor for up to one year or by a fine not exceeding 10 million won:
1. A person who continues to conduct the temporary work agency business in violation of an order to suspend business referred to in Article 12 (1);
2. A person who violates Article 16.
[This Article Wholly Amended on Apr. 30, 2019]
 Article 45 (Joint Penalty Provisions)
If the representative of a corporation, or an agent, employee or other servant of the corporation or an individual commits a violation referred to in Article 42, 43, 43-2, or 44 in connection with the business of the corporation or the individual, not only shall such violator be punished, but also the corporation or the individual shall be punished by a fine prescribed in the relevant provisions: Provided, That the foregoing shall not apply where such corporation or individual has not been negligent in giving due attention and supervision concerning the relevant duties to prevent such violation.
[This Article Wholly Amended on May 21, 2009]
 Article 46 (Administrative Fines)
(1) Each person who fails to comply with the corrective order finalized pursuant to Article 14 (2) or (3) of the Act on the Protection of Fixed-Term and Part-Time Employees which applies mutatis mutandis pursuant to Articles 21 (3), 21-2 (4), and 21-3 (2) without just cause, shall be punished by an administrative fine not exceeding 100 million won. <Amended on Apr. 30, 2019>
(2) Each person who fails to directly employ a temporary agency worker in violation of Article 6-2 (1) shall be punished by an administrative fine not exceeding 30 million won. <Amended on Apr. 30, 2019>
(3) Each person who fails to give a prior written notice stating the matters stipulated in Article 20 (1) and any other matter prescribed in Ordinance of the Ministry of Employment and Labor to the relevant temporary agency worker in violation of Article 26 (1) shall be punished by an administrative fine not exceeding 10 million won. <Newly Inserted on May 21, 2009; Jun. 4, 2010>
(4) Each person who fails to comply with a request by the Minister of Employment and Labor to submit a compliance report referred to in Article 15 (1) of the Act on the Protection of Fixed-Term and Part-Time Employees which applies mutatis mutandis pursuant to Articles 21 (3), 21-2 (4) and 21-3 (2) without just cause, shall be punished by an administrative fine not exceeding five million won. <Amended on Apr. 30, 2019>
(5) Each of the following persons shall be punished by an administrative fine not exceeding three million won: <Amended on Apr. 30, 2019>
1. A person who fails to file a report referred to in Article 11 (1) or files a false report;
2. A person who fails to file a report referred to in Article 18 or 38 (1) or files a false report;
3. A person who violates Article 26 (3);
4. A person who violates Article 27, 29 or 33;
5. A person who fails to send the results of a health examination to a temporary work agency or a user company in violation of Article 35 (3) or (5);
6. A person who violates an improvement order issued under Article 37;
7. A person who refuses, interferes with or evades any inspection prescribed in Article 38 (2) without just cause.
(6) Administrative fines referred to in paragraphs (1) through (5) shall be imposed and collected by the Minister of Employment and Labor, as prescribed by Presidential Decree. <Amended on Apr. 30, 2019>
(7) Deleted. <May 21, 2009>
(8) Deleted. <May 21, 2009>
[Title Amended on Apr. 30, 2019]
ADDENDA <Act No. 5512, Feb. 20, 1998>
(1) (Enforcement Date) This Act shall enter into force on July 1, 1998.
(2) Omitted.
ADDENDA <Act No. 8076, Dec. 21, 2006>
(1) (Enforcement Date) This Act shall enter into force on July 1, 2007: Provided, That the enforcement dates of the amended provisions of Articles 20 (2), 21, 43-2, and 46 (1) and (3) shall be, according to the types of business or workplace (referring to the business or workplace of a user company; hereinafter the same shall apply), as follows:
1. Business or workplace ordinarily employing not less than 300 workers: July 1, 2007;
2. State or local government agencies, government-affiliated institutions prescribed in Article 3 of the Framework Act on the Management of Government-Affiliated Institutions, government-invested institutions prescribed in Article 2 of the Framework Act on the Management of Government-Invested Institutions, local government-invested public corporations and local government public corporations prescribed in Articles 49 and 76 of the Local Public Enterprises Act, government-funded research institutions prescribed in Article 2 of the Act on the Establishment, Operation and Fostering of Government-Funded Research Institutions and research councils prescribed in Article 2 of the Act on the Establishment, Operation and Fostering of Government-Funded Science and Technology Research Institutions, and university-affiliated hospitals prescribed in the Act on the Establishment of National University-Affiliated Hospitals: July 1, 2007;
3. Business or workplace ordinarily employing not less than 100, but less than 300 workers: July 1, 2008;
4. Business or workplace ordinarily employing less than 100 workers: July 1, 2009.
(2) (Applicability to Period of Temporary Employment) The amended provisions of Article 6 shall also apply to contracts on temporary placement of workers which were concluded before this Act enters into force, but are still in force (including cases where a period of temporary employment is extended) as at the time this Act enters into force.
(3) (Transitional Measures concerning Legal Fiction of Employment) Even after this Act enters into force, the former provisions shall continue to apply to the temporary agency workers who are governed by the former Article 6 (3) as at the time this Act enters into force.
(4) (Transitional Measures concerning Penalty Provisions) The former provisions shall apply to the application of penalty provisions to any act done before this Act enters into force.
ADDENDA <Act No. 8372, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 17 Omitted.
ADDENDA <Act No. 8617, Aug. 3, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 10 Omitted.
ADDENDUM <Act No. 8963, Mar. 21, 2008>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 8964, Mar. 21, 2008>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
1 through 3 Omitted.
(2) Omitted.
ADDENDA <Act No. 9432, Feb. 6, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 9698, May 21, 2009>
(1) (Enforcement Date) This Act shall enter into force three months after the date of its promulgation.
(2) (Transitional Measures concerning Penalty Provisions) When penalty provisions are applied to an act done before this Act enters into force, the former provisions shall apply.
ADDENDA <Act No. 10339, Jun. 4, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force one month after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Act No. 11024, Aug. 4, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 9 Omitted.
ADDENDUM <Act No. 11279, Feb. 1, 2012>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 11668, Mar. 22, 2013>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 12470, Mar. 18, 2014>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 12632, May 20, 2014>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 14790, Apr. 18, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Grounds for Disqualification including Incompetence)
Notwithstanding the amended provision of subparagraph 1 of Article 8, the former provisions shall apply to a person who remains under the force of declared incompetency or quasi-incompetency pursuant to Article 2 of Addenda of the Act amending the Civil Act (Act No. 10429) as at the time this Act enters into force.
ADDENDA <Act No. 16272, Jan. 15, 2019>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 21 Omitted.
ADDENDA <Act No. 16413, Apr. 30, 2019>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDUM <Act No. 17326, May 26, 2020>
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDUM <Act No. 17605, Dec. 8, 2020>
This Act shall enter into force on the date of its promulgation.