Law Viewer

Back Home

ENFORCEMENT DECREE OF THE LABOR STANDARDS ACT

Wholly Amended by Presidential Decree No. 20142, jun. 29, 2007

Amended by Presidential Decree No. 20803, jun. 5, 2008

Presidential Decree No. 20873, jun. 25, 2008

Presidential Decree No. 21695, Aug. 18, 2009

Presidential Decree No. 22061, Feb. 24, 2010

Presidential Decree No. 22269, Jul. 12, 2010

Presidential Decree No. 22567, Dec. 29, 2010

Presidential Decree No. 22687, Mar. 2, 2011

Presidential Decree No. 22804, Mar. 30, 2011

Presidential Decree No. 23155, Sep. 22, 2011

Presidential Decree No. 23488, Jan. 6, 2012

Presidential Decree No. 23868, jun. 21, 2012

Presidential Decree No. 23946, Jul. 10, 2012

Presidential Decree No. 24652, jun. 28, 2013

Presidential Decree No. 25631, Sep. 24, 2014

Presidential Decree No. 25630, Sep. 24, 2014

Presidential Decree No. 25840, Dec. 9, 2014

Presidential Decree No. 27619, Nov. 29, 2016

Presidential Decree No. 27751, Dec. 30, 2016

Presidential Decree No. 29010, jun. 29, 2018

Presidential Decree No. 29950, Jul. 2, 2019

Presidential Decree No. 29964, Jul. 9, 2019

Presidential Decree No. 30256, Dec. 24, 2019

Presidential Decree No. 30509, Mar. 3, 2020

Presidential Decree No. 31584, Mar. 30, 2021

 Article 1 (Purpose)
The purpose of this Decree is to provide for the matters mandated by the Labor Standards Act and those necessary for the enforcement thereof.
 Article 2 (Period and Wages Excluded from Calculation of Average Wages)
(1) Where a period for the calculation of average wages under Article 2 (1) 6 of the Labor Standards Act (hereinafter referred to as the "Act") includes any of the following periods, such period and wages paid during that period shall be subtracted respectively from the period and the total amount of wage serving as the basis for the calculation of average wages: <Amended on Jun. 5, 2008; Mar. 2, 2011; Jul. 10, 2012; Nov. 29, 2016; Jul. 9, 2019>
1. A period not exceeding three months from the date on which an employee on probation starts working as a probationary employee after concluding a labor contract;
2. A period during which the employer's business is closed because of a cause attributable to the employer under Article 46 of the Act;
3. A period of maternity leave under Article 74 of the Act;
4. A period of temporary suspension of medical treatment due to occupational injury or disease under Article 78 of the Act;
5. A period of child-care leave under Article 19 of the Act on the Equal Employment Opportunity and Work-Family Balance Assistance Act;
6. A period of labor disputes under subparagraph 6 of Article 2 of the Trade Union and Labor Relations Adjustment Act;
7. A period of temporary retirement from office or absence from office in order to perform a duty under the Military Service Act, the Reserve Forces Act, or the Framework Act on Civil Defense: Provided, That this shall not apply to a period during which wages have been paid;
8. A period of temporary retirement from office due to a non-occupational injury or disease, or any other cause with the employer's approval.
(2) Wages and allowances paid on a temporary basis and wages paid by any means other than money shall not be included in the total amount of wages under Article 2 (1) 6 of the Act: Provided, That the same shall not apply to those specified by the Minister of Employment and Labor. <Amended on Jul. 12, 2010>
 Article 3 (Average Wage of Daily Hire Employee)
The average wage of a daily hire employee shall be the amount determined by the Minister of Employment and Labor according to the classification of business and occupation. <Amended on Jul. 12, 2010>
 Article 4 (Average Wage in Special Cases)
Where it is impossible to calculate an average wage in accordance with Article 2 (1) 6 of the Act and Articles 2 and 3 of this Decree, such an average wage shall be as determined by the Minister of Employment and Labor. <Amended on Jul. 12, 2010>
 Article 5 (Adjustment of Average Wage)
(1) The average wage applicable to the calculation of compensation, etc. for the employee pursuant to Articles 79, 80, and 82 through 84 of the Act shall, when the average amount of monthly ordinary wage per employee (hereinafter referred to as the "average amount") paid to employees in the same business category in the same business or workplace to which the relevant employee belongs has changed by at least five percent from the average amount paid in the month when an injury or a disease occurs, be such amount increased or decreased at the aforesaid rate of change, but such rate shall apply to the month immediately following the month of occurrence of grounds for change and the months subsequent thereto: Provided, That the second or latter adjustment of average wages shall be calculated based on the average amount of the month in which a cause for immediately preceding change occurred.
(2) Where the business or workplace to which the relevant employee belongs is permanently closed down, the adjustment of average wage under paragraph (1) shall be based on a business or workplace with the same business type and scale as at the time when an occupational injury or disease was inflicted on the employee.
(3) If there is no employee engaged in the same occupational category as the relevant worker, the adjustment of the average wage under paragraph (1) or (2) shall be based on employees engaged in the occupation of similar category.
(4) The average wage applicable to the computation of the retirement benefits under Article 8 of the Act on the Guarantee of Employees' Retirement Benefits, which shall be paid to an employee who suffers from an occupational injury or disease in accordance with Article 78 of the Act, shall be the average wage adjusted in accordance with paragraphs (1) through (3).
 Article 6 (Ordinary Wage)
(1) For the purposes of the Act and this Decree, "ordinary wage" means hourly wage, daily wage, weekly wage, monthly wage, or contract amount to be paid to an employee for a specifically agreed work or entire work on a regular and flat basis.
(2) Where the ordinary wage under paragraph (1) is calculated on an hourly basis, the following formula shall apply to such calculation: <Amended on Jun. 29, 2018>
1. The amount agreed upon as an hourly wage, if a wage is paid on an hourly basis;
2. The amount obtained by dividing a daily wage by the contractual working hours per day, if a wage is paid on a daily basis;
3. The amount obtained by dividing a weekly wage by the number of standard hours (referring to the hours calculated by aggregating the contractual working hours per week and the hours counted as paid working hours besides the contractual working hours) for the calculation of the weekly ordinary wage, if a wage is paid on a weekly basis;
4. The amount obtained by dividing a monthly wage by the number of standard hours (referring to the hours obtained by dividing by 12 the number calculated by multiplying the number of standard hours for the calculation of the weekly ordinary wage by the average number of weeks per year) for the calculation of the monthly ordinary wage, if a wage is paid on a monthly basis;
5. The amount obtained by applying subparagraphs 2 through 4 mutatis mutandis, if a wage is paid on a specific time basis other than on a daily, weekly or monthly basis;
6. The amount obtained by dividing a total sum of wages calculated on a contractual basis for the period for the calculation of the wages by total working hours during the same period (referring to the wage settlement period, if there is a date set for the settlement of wages), if a wage is paid on a contractual basis;
7. The amount obtained by adding up the amounts calculated in accordance with subparagraphs 1 through 6, if at least two different types of wages set forth in subparagraphs 1 through 6 are paid.
(3) Where the ordinary wage under paragraph (1) is calculated on a daily basis, such ordinary wage shall be calculated by multiplying an hourly wage under paragraph (2) by the contractual working hours per day.
[Enforcement Date] The amended provisions of Article 6 (2) 3 and 4: Following dates:
(a) Business or workplaces in which at least 300 employees are regularly employed; public institutions under Article 4 of the Act on the Management of Public Institutions; local government-invested public corporations or local public agencies under Article 49 or 76 of the Local Public Enterprises Act; institutions or organizations at least 1/2 of the capital or endowment of which is invested or contributed by the State, local governments or government-invested institutions; institutions or organizations at least 1/2 of the capital or endowment of which is invested or contributed by the above-mentioned institutions or organizations; and institutions affiliated to the State or local governments: July 1, 2018 (referring to July 1, 2019 in the case of a business category to which exceptions to the provision on working hours or rest breaks are not applicable pursuant to Article 59 of the Labor Standards Act as amended by Act No. 15513);
(b) Business or workplaces in which at least 50 and less than 300 employees are regularly employed: January 1, 2020;
(c) Business or workplaces in which at least five and less than 50 employees are regularly employed: July 1, 2021.
 Article 7 (Scope of Application)
The provisions of the Act applicable pursuant to Article 11 (2) of the Act to any business or workplace that regularly employs four or less employees shall be as specified in attached Table 1.
 Article 7-2 (Calculation Method of Number of Employees Regularly Employed)
(1) "Number of employees regularly employed" in Article 11 (3) of the Act means the number of employees calculated by dividing the total number of employees employed for one month (in cases of less than one month from the commencement of a business, referring to a period after the commencement of such business; hereinafter referred to as the "period of calculation") prior to the date of occurrence of a reason (referring to a reason requiring judgement as to whether the Act or this Decree applies, such as payment of a compensation of suspension of work, application of working hours, etc.; hereafter the same shall apply in this Article) governed by the Act in the relevant business or at the relevant workplace by the number of working days during the same period.
(2) Notwithstanding paragraph (1), according to the following classifications, a business or workplace shall be deemed a business or a workplace that employs five (in the case of judgement as to whether Article 93 of the Act shall apply, referring to 10 employees; hereafter referred to as "criteria for application of the Act" in this Article) or more employees (hereafter referred to as "business or workplace governed by the Act" in this Article), or shall not be deemed a business or a workplace governed by the Act:
1. In cases where it is deemed the business or the workplace governed by the Act: Where the number of days, in which the number of employees of the relevant business or the relevant workplace calculated under paragraph (1) falls short of the criteria for application of the Act, is less than 1/2 of a period for calculation even in cases not falling under the business or the workplace governed by the Act;
2. In cases where it is not deemed the business or workplace governed by the Act: Where the number of days, in which the number of employees of the relevant business or the relevant workplace calculated under paragraph (1) falls short of the criteria for application of the Act, is more than 1/2 of a period for calculation, even in cases falling under the business or workplace governed by the Act.
(3) Where determining whether the provisions of Articles 60 through 62 of the Act (excluding the provisions concerning an annual paid leave under Article 60 (2) of the Act) apply, the business or the workplace that employs five or more employees continuously for one year prior to the date of occurrence of a reason for application of the Act as a result of calculation of the number of employees by month pursuant to paragraphs (1) and (2) shall be deemed the business or the workplace governed by the Act.
(4) The total number of employees in paragraph (1) shall include all of the following employees, excluding temporary agency workers under subparagraph 5 of Article 2 of the Act on the Protection of Temporary Agency Workers: <Amended on Jun. 29, 2018>
1. All the employees working for a single business or workplace regardless of the type of employment, such as full-time employees of the relevant business or the relevant workplace and fixed-term employees and part-time employees under subparagraph 1 of Article 2 of the Act on the Protection of Fixed-Term and Part-Time Employees;
2. A person who works for his or her cohabiting relative’s business or workplace if such business or workplace employs at least one employee falling under subparagraph 1.
[This Article Newly Inserted on Jun. 25, 2008]
 Article 8 (Terms and Conditions of Employment to Be Specified)
"Others prescribed by Presidential Decree" in Article 17 (1) 5 of the Act means the following: <Amended on Jun. 29, 2018>
1. Matters concerning the place of work and duties to perform;
2. Matters prescribed in subparagraphs 1 through 12 of Article 93 of the Act;
3. Matters provided by the dormitory rules, if employees are required to lodge at a dormitory connected to the workplace.
 Article 8-2 (Delivery of Documents Requested by Employees)
"Where the matters under the main clause is modified due to reasons prescribed by Presidential Decree, such as changes, etc. of collective agreements or rules of employment" under the proviso of Article 17 (2) of the Act means any of the following cases: <Amended on Mar. 30, 2021>
1. Where modified by written agreement under Article 51 (2), 51-2 (1), proviso of paragraph (2) of the same Article and proviso of paragraph (5) of the same Article, 52 (1), proviso of paragraph (2) 1 of the same Article, 53 (3), proviso of Article 55 (2), 57, 58 (2) and (3), 59 (1) or 62 of the Act;
2. Where altered by employment rules under Article 93 of the Act;
3. Where altered by collective agreements under Article 31 (1) of the Trade Union and Labor Relations Adjustment Act;
4. Where altered by statutes.
[This Article Newly Inserted on Sep. 22, 2011]
[Presidential Decree No. 31584 (Mar. 30, 2021) The part regarding Article 53 (3) of the amended provision of subparagraph 1 of this Article shall be effective until December 31, 2022 pursuant to Article 2 of the Addenda]
[Enforcement Date] The following parts of the amended provisions of subparagraph 1 of Article 8-2: The dates specified as follows:
(a) Part of a business or business place with a regular workforce of not less than five but not more than 50 employees, as part of Article 51-2 (1) of the Act, the proviso of paragraph (2) of the same Article and proviso of paragraph (5) of the same Article, Article 52 (1) and the proviso of paragraph (2) 1 of the same Article: July 1, 2021;
(b) Part of Article 53 (3) of the Act: July 1, 2021;
(c) Part of a business or business place with a regular workforce of not less than five but not more than 30 employees as part of the proviso of Article 55 (2) of the Act: January 1, 2022.
 Article 9 (Standards, etc. of Terms and Conditions of Employment for Part-time Employees)
(1) The standard terms and conditions applicable in determining the terms and conditions of employment for part-time employees under Article 18 (2) of the Act and other necessary matters therefor shall be as specified in attached Table 2.
(2) Deleted. <Jun. 25, 2008>
(3) Deleted. <Jun. 25, 2008>
 Article 10 (Reporting on Layoff Plan on Grounds of Business Management)
(1) An employer who intends to lay off employees in number in accordance with Article 24 (4) of the Act, shall submit a report thereon to the Minister of Employment and Labor at least 30 days before the date on which the intended layoff begins: <Amended on Jul. 12, 2010>
1. The business or workplace with a regular workforce of not more than 99 employees: 10 persons or more;
2. The business or workplace with a regular workforce of at least 100 employees, but no more than 999 employees: Ten percent or more of the number of the regular workforce;
3. The business or workplace with a regular workforce of at least 1,000 employees: 100 persons or more.
(2) The reporting under paragraph (1) shall contain the following matters:
1. Grounds for layoff;
2. Planned number of employees for layoff;
3. Details of agreement with the representative of employees;
4. Timetable for layoff.
 Article 11 (Time Limit for Performance of Order for Remedy)
The Labor Relations Commission established under the Labor Relations Commission Act (hereinafter referred to as the "Labor Relations Commission") shall, whenever it issues an order for remedy to an employer pursuant to Article 30 (1) of the Act (hereinafter referred to as "order for remedy"), prescribe the time limit for performance. In this case, the time limit shall not exceed 30 days from the date on which the employer receives written notice of an order for remedy under Article 30 (2) of the Act. <Amended on Jul. 9, 2019>
 Article 12 (Deadline for Payment of Charges for Compelling Performance and Presentation of Opinion, etc.)
(1) The Labor Relations Commission shall, when it imposes the charge for compelling performance pursuant to Article 33 (1) of the Act, prescribe the time limit for the payment, which shall not exceed 15 days from the date of receiving a notice of imposition of the charge for compelling performance.
(2) If it is difficult to pay the charge for compelling performance within the payment deadline under paragraph (1) due to a natural disaster or any other unavoidable cause or event, the Labor Relations Commission may require the payment of charge within 15 days from the date such a cause or event ceases to exist.
(3) When a prior notice of the intent to impose and collect the charge for compelling performance is given in writing to an employer pursuant to Article 33 (2) of the Act, the notice shall contain the information that the employer has an opportunity to make a statement on his/her side, orally or in writing (including an electronic document), within a fixed period of at least ten days. In this case, if he/she fails to make a statement by the given deadline, it shall be deemed that the employer has no objection.
(4) The procedures for collecting the charge for compelling performance shall be prescribed by Ordinance of the Ministry of Employment and Labor. <Amended on Jul. 12, 2010>
 Article 13 (Guidelines for Imposition of Charges for Compelling Performance)
The guidelines for imposition of the charge for compelling performance according to the type and degree of an offense under Article 33 (4) of the Act shall be as provided for in attached Table 3.
 Article 14 (Suspension of Imposition of Charges for Compelling Performance)
The Labor Relations Commission may, if there is either of the following causes or events, impose the charge for compelling performance, ex officio or at the employer's request, after the cause or event terminates:
1. The employer has objectively made efforts to perform the order for remedy, but it is evidently difficult for the employer to perform the order for remedy because of the employee's unknown whereabout, etc.;
2. If it is difficult to perform the order for remedy owing to a natural disaster or any other unavoidable cause or event.
 Article 15 (Refund of Charges for Compelling Performance)
(1) If the order for remedy is reversed by a decision on a review by the Central Labor Relations Commission or a final and conclusive judgment by a court, the Labor Relations Commission shall, ex officio or at the employer's request, stop imposing or collecting the charge for compelling performance and refund the charge already collected.
(2) The Labor Relations Commission shall, when it refunds the charge for compelling performance pursuant to paragraph (1), add to the refunded charges an amount calculated by multiplying the charge by the interest rate prescribed by Ordinance of the Ministry of Employment and Labor for the period from the date of payment of the charge to the date of refund. <Amended on Jul. 12, 2010>
(3) Detailed procedures for refunding the charge for compelling performance pursuant to paragraph (1) shall be prescribed by Ordinance of the Ministry of Employment and Labor. <Amended on Jul. 12, 2010>
 Article 16 Deleted. <Jul. 9, 2019>
 Article 17 (Late Payment Interest for Overdue Wage)
"Interest rate prescribed by Presidential Decree" in Article 37 (1) of the Act means twenty percent per annum.
 Article 18 (Grounds for Exclusion from Application of Late Payment Interest)
"Other reasons prescribed by Presidential Decree" in Article 37 (2) of the Act means any of the following causes and events: <Amended on Sep. 24, 2014>
1. A case falling under any of the subparagraphs of Article 7 (1) of the Wage Claim Guarantee Act;
2. Where it is impracticable to secure the funds for payment of wages and retirement benefits due to statutory restraints under the Debtor Rehabilitation and Bankruptcy Act, the National Finance Act, the Local Autonomy Act, etc.;
3. Where it is deemed appropriate to bring a case to a court or the Labor Relations Commission for a trial on the existence of all or part of any wage or retirement benefit for which the payment has been delayed;
4. Where other factors exist deemed equivalent to the conditions described in subparagraphs 1 through 3.
 Article 19 (Request for Issuance of Certificate of Employment)
The persons eligible for requesting the issuance of the certificate of employment in accordance with Article 39 (1) of the Act shall be the employees who have been employed for 30 days or longer continuously, but such a request shall be made within three years after retirement.
 Article 20 (Entries in Register of Employees)
The register of employees under Article 41 (1) of the Act shall contain each of the following matters as prescribed by Ordinance of the Ministry of Employment and Labor: <Amended on Jul. 12, 2010>
1. Name;
2. Gender;
3. Date of birth;
4. Address;
5. Personal history;
6. Type of task engaged in;
7. Date, month, year of employment or renewal thereof, employment period, if agreed upon, and other matters related to employment;
8. Date, month, year of dismissal, retirement, or death, and the reason thereof;
9. Other necessary matters.
 Article 21 (Exception to Drawing up Register of Employees)
With respect to daily hire employees who have been employed for less than 30 days, the register of employees may not be formulated.
 Article 22 (Documents for Preservation)
(1) "Documents related to labor contracts as prescribed by Presidential Decree" in Article 42 of the Act means the following documents: <Amended on Mar. 30, 2021>
1. Employment contracts;
2. Wage ledgers;
3. Documents pertaining to the basis for the determination, payment method, and calculation of wages;
4. Documents pertaining to employment, dismissal, or retirement;
5. Documents pertaining to promotion or demotion;
6. Documents pertaining to leaves of absence;
7. Deleted; <Dec. 9, 2014>
8. Written agreement under Articles 51 (2), 51-2 (1), proviso of paragraph (2) of the same Article and proviso of paragraph (5) of the same Article, 52 (1), proviso of paragraph (2) 1 of the same Article, 53 (3), proviso of Article 55 (2), 57, 58 (2) and (3), 59 (1) or 62 of the Act;
9. Documents pertaining to certification of a minor under Article 66 of the Act.
(2) The preservation period of important documents on employment contracts under Article 42 of the Act shall be counted from any of the following dates:
1. For the register of employees, the date of dismissal, retirement, or death of an employee;
2. For employment contracts, the date of termination of employment ;
3. For wage ledgers, the date of the last entry;
4. For documents on employment, dismissal, or retirement, the date of dismissal or retirement of an employee;
5. Deleted; <Jun. 29, 2018>
6. For documents related to a written agreement under paragraph (1) 8, the date of an agreement concluded in writing;
7. For documents pertaining to certification of a minor, the date on which the minor attains the age of 18 (if the minor is dismissed, retires, or dies before the age of 18, the date of dismissal, retirement, or death);
8. Date of completion for other documents.
[Part regarding Article 53 (3) in the amended provision of paragraph (1) 8 of this Article under Article 2 of the Addenda to the Presidential Decree No. 31584 (Mar. 30, 2021) shall remain effective until December 31, 2020.]
[Enforcement Date] The amended provisions of Article 22 (1) 8 and 4: Following dates:
(a) Part of a business or business place with a regular workforce of not less than five but not more than 50 employees, as part of Article 51-2 (1) of the Act, the proviso of paragraph (2) of the same Article and proviso of paragraph (5) of the same Article, Article 52 (1), and the proviso of paragraph (2) 1 of the same Article : July 1, 2021;
(b) Matters related to Article 53 (2) 3 of the Act; July 1, 2021
(c) Part of a business or business place with a regular workforce of not less than five but not more than 30 employees as part of the proviso of Article 55 (2) of the Act: January 1, 2022.
 Article 23 (Exception to Wages to be Paid at Least Once Monthly)
The term "extraordinary wages, allowances, or other similar payments, or the wages prescribed by Presidential Decree" in the proviso of Article 43 (2) of the Act means those falling under the following subparagraphs:
1. Allowance for good attendance payable on the basis of the attendance record for a period exceeding one month;
2. Seniority allowance payable for consecutive service for a fixed period exceeding one month;
3. Incentive, proficiency allowance, or bonus calculated on a ground sustaining for a period exceeding one month;
4. Other various allowances paid on an irregular basis.
 Article 23-2 (Cases Not Subject to Disclosure of Name of the Business Owner in Arrear)
“Where the disclosure of name is not effective due to death of the business owner in arrear or closure of business or where other reasons prescribed by Presidential Decree exist” under the proviso to Article 43-2 (1) of the Act means any of the following cases: <Amended on Mar. 30, 2021>
1. Where the business owner (hereinafter referred to as “business owner in arrear”) who has failed to pay the wages, compensations, allowances and all other money or valuables pursuant to Articles 36, 43, 51-3, 52 (2) 2, or 56 of the Act (hereinafter referred to as “wages, etc.”) dies or is sentenced to the judicial declaration of disappearance pursuant to Article 27 of the Civil Act (applicable only where the business owner in arrear is a natural person);
2. Where the business owner in arrear pays the full amount of the wages, etc. in arrear before the end of the explanation period under Article 43-2 (2) of the Act;
3. Where the business owner in arrear receives the court decision for initiation of rehabilitation procedure or he/she is sentenced to bankruptcy pursuant to the Debtor Rehabilitation and Bankruptcy Act;
4. Where the business owner in arrear receives the acknowledgment of bankruptcy or other facts pursuant to Article 5 of Enforcement Decree of the Wage Claim Guarantee Act;
5. Where the business owner in arrear is deemed, by the Committee for Review of Information on Overdue Wages under Article 43-2 (3) of the Act (hereinafter referred to as the “Committee” in this Article), necessary to be exempted from the requirement of disclosure of name because he/she has paid part of the overdue wages, etc. and sufficiently explained plans for liquidation and financing schedule with respect to the remaining overdue wages, etc.;
6. Cases equivalent to those under subparagraphs 1 through 5, where the Committee deems that disclosure of personal information, etc. of the business owner in arrear is not effective.
[This Article Newly Inserted on Jun. 21, 2012]
[Enforcement Date: Jul. 1, 2021] Amendments to subparagraph 1 of Article 23-2 regarding businesses or workplaces with a regular workforce of not less than five and not more than 50 employees
 Article 23-3 (Details and Period, etc. of Disclosure of Name)
(1) The Minister of Employment and Labor shall disclose the following details pursuant to Article 43-2 (1) of the Act:
1. Name, age, business name, and address of a business owner in arrear (where the business owner in arrear is a corporation, referring to the name, age, and address of its representative and the name and address of the corporation);
2. The amount of money in arrear such as the wages, etc. during three years prior to the date of disclosure of name.
(2) The disclosure under paragraph (1) shall be made through publication in the Official Gazette or posting on Internet homepage, bulletin boards of the competent local employment and labor offices, or other places available for perusal by the public for three years.
[This Article Newly Inserted on Jun. 21, 2012]
 Article 23-4 (Exceptional Cases to Providing the Data on Delayed Payment of Wages, etc.)
“Where the provision of data is not effective due to death or closure of business of the business owner in arrear or where other reasons prescribed by Presidential Decree exists” under the proviso to Article 43-3 (1) of the Act means any of the following cases:
1. Where the business owner in arrear dies or is sentenced to the judicial declaration of disappearance pursuant to Article 27 of the Civil Act (only applicable where the business owner in arrear is a natural person);
2. Where the business owner in arrear pays the full amount of the wages, etc. in arrear before the date when the data on delayed payment of wages, etc. is provided under Article 43-3 (1) of the Act (hereinafter referred to as “data on delayed payment of wages, etc.”);
3. Where the business owner in arrear receives the court decision for initiation of rehabilitation procedure or he/she is sentenced to bankruptcy pursuant to the Debtor Rehabilitation and Bankruptcy Act;
4. Where the business owner in arrear receives the acknowledgment of bankruptcy or other facts pursuant to Article 5 of Enforcement Decree of the Wage Claim Guarantee Act;
5. Where the business owner in arrear is deemed, by the Minister of Employment and Labor, sincerely endeavoring to liquidate the overdue wages, etc. because he/she has paid the part of the overdue wages, etc. before the date of providing data on overdue payment, and sufficiently explained detailed plans for liquidation and financing schedule with respect to the remaining overdue wages, etc.
[This Article Newly Inserted on Jun. 21, 2012]
 Article 23-5 (Procedure for Providing the Data on Delayed Payment of Wages, etc.)
(1) Pursuant to Article 43-3 (1) of the Act, a person who requests the data on delayed payment of wages, etc. (hereinafter referred to as “requester”) shall submit to the Minister of Employment and Labor the documents stating the following matters:
1. Name, business name, and address of the requester (where the requester is a corporation, referring to the name of the requester and the name and address of the corporation);
2. Details and purposes of use of the requested data on delayed payment of wages, etc.
(2) The Minister of Employment and Labor may prepare the data on delayed payment of wages, etc. under paragraph (1) in the form of paper documents or electronic files and submit them to the requester.
(3) Where the event under either of the subparagraphs of Article 23-4 occurs after providing the data on delayed payment of wages, etc. pursuant to paragraph (2), the Minister of Employment and Labor shall notify the occurrence of such event to the requester no later than 15 days from the date when the Minister becomes aware of the facts.
[This Article Newly Inserted on Jun. 21, 2012]
 Article 24 (Causes Attributable to Contractor)
The attributable causes under Article 44 (2) of the Act shall be as follows: <Amended on Jun. 21, 2012>
1. Where the amount of subcontract is not paid by the payment date specified in a subcontractor contract without just grounds;
2. Where a contractor delays in supplying, or fails to supply, the raw materials agreed upon by the relevant contract agreement without a justifiable ground;
3. Where conditions for a subcontract are not fulfilled without just grounds, thus the a subcontractor’s work is impeded.
[Title Amended on Jun. 21, 2012]
 Article 25 (Payment of Wages before Payday)
"Other cases of emergency as prescribed by Presidential Decree" in Article 45 of the Act means the cases in which an employee or a person who makes a living on the employee's income falls under any of the following: <Amended on Jun. 29, 2018>
1. Giving birth to a child, becoming ill, or being overtaken by a disaster or an accident;
2. Getting married or becoming dead;
3. Going back and staying home for one week or more due to unavoidable reasons.
 Article 26 (Calculation of Suspension Allowance)
Where an employee has received a part of wages during a period of suspension due to any ground attributable to the employer, the employer shall, in compliance with the main clause of Article 46 (1) of the Act, pay him/her an allowance equivalent to at least 70/100 of the difference calculated by subtracting that part of wages already paid to the said employee from the average wages: Provided, That where ordinary wages are paid as suspension allowance in accordance with the proviso to Article 46 (1) of the Act, the difference between the ordinary wages and the part already paid during the period of suspension shall be paid.
 Article 27 (Mandatory Descriptions of Wage Ledger)
(1) Every employer shall enter the following descriptions of each individual employee into the wage ledger under Article 48 of the Act:
1. Name;
2. Resident registration number;
3. Date of employment;
4. Details of assigned job;
5. Matters applied as the basis of calculation of wages and family allowances;
6. Number of working days;
7. Working hours;
8. Working hours for any overtime duty, night duty, or holiday duty, if any;
9. Amount of basic pay, allowances, and other wages by categories (if wages are paid by means other than money, the name of item, quantity, and total assessed value of means);
10. Deducted amount, if there is any wages deducted in accordance with the proviso to Article 43 (1) of the Act.
(2) With respect to daily hire employees whose employment period is less than 30 days, the matters under paragraph (1) 2 and 5 may not be described.
(3) With respect to employees falling under either of the following subparagraphs, matters under paragraph (1) 7 and 8 may not be described:
1. Employees employed by a business or workplace having a workforce of not more than four employees as set forth in Article 11 (2) of the Act;
2. Employees who fall under any of the subparagraphs of Article 63 of the Act.
 Article 28 (Matters Agreed upon Flexible Working Hours System within Three Months)
(1) The term "other matters prescribed by Presidential Decree" in Article 51 (2) 4 of the Act means the effective term of a written agreement.
(2) The Minister of Employment and Labor may, if necessary, order the user to submit the details of a plan for wage conservation under Article 51 (4) of the Act. <Amended on Jul. 12, 2010; Mar. 30, 2021>
[Title Amended on Mar. 30, 2021]
 Article 28-2 (Matters Agreed upon Flexible Work Hours System Exceeding Three Months)
(1) "Other matters prescribed by Presidential Decree" in Article 51-2 (1) 4 of the Act means the effective term of a written agreement.
(2) "if it is inevitable to be prescribed by a presidential decree, such as a natural disaster" in the proviso of Article 51-2 (2) of the Act means the following:
1. Where emergency measures are required to prevent disasters or corresponding accidents prescribed in the Framework Act on the Management of Disasters and Safety, which occurred or are likely to occur, in order to prevent such disasters or accidents;
2. Where an emergency measure is required to protect human life or to ensure safety;
3. Where it is deemed difficult to give a break time under Article 51-2 (2) of the Act due to reasons falling under subparagraphs 1 and 2 of the Act.
[This Article Newly Inserted on Mar. 30, 2021]
[Enforcement Date: Jul. 1, 2021] Part regarding a business or business place with a regular workforce of not less than five but not more than 50 employees among the amended provision of Article 28-2
 Article 29 (Matters Agreed upon Flexible Work Hours System)
"Other matters prescribed by Presidential Decree" in Article 52 (1) 6 of the Act means standard work hours (or daily work hours as agreed upon between an employer and the representative of employees based on the standards for calculating paid leaves, etc.).
"If it is inevitable to be prescribed by Presidential Decree, such as a natural disaster" in the proviso of Article 52 (2) 1 of the Act, means any of the following cases:
1. In cases falling under Article 28-2 (2) 1 or 2;
2. Where it is deemed difficult to allow recess under the main clause of Article 52 (2) 1 of the Act due to any reason corresponding to subparagraph 1.
[This Article Wholly Amended on Mar. 30, 2021]
[Enforcement Date: Jul. 1, 2021] Part of a business or business place with a regular workforce of not less than five but not more than 50 employees among the amended provision of Article 29
 Article 30 (Holidays)
(1) Paid holidays under Article 55 (1) of the Act shall be granted to a person who has shown perfect attendance of the contractual working days during one week. <Amended on Jun. 29, 2018>
(2) “Holidays prescribed by Presidential Decree" in the main clause of Article 55 (2) of the Act means the holidays under any subparagraphs (excluding subparagraph 1) of Article 2 of the Regulations on Holidays of Government Offices and the alternative statutory holidays under Article 3 of the same Regulations. <Newly Inserted on Jun. 29, 2018>
[Title Amended on Jun. 29, 2018]
[Enforcement Date] The amended provisions of Article 30 (2): Following dates:
(a) Business or workplaces in which at least 300 employees are regularly employed; public institutions under Article 4 of the Act on the Management of Public Institutions; local government-invested public corporations or local public agencies under Article 49 or 76 of the Local Public Enterprises Act; institutions or organizations at least 1/2 of the capital or endowment of which is invested or contributed by the State, local governments or government-invested institutions; institutions or organizations at least 1/2 of the capital or endowment of which is invested or contributed by the above-mentioned institutions or organizations; and institutions affiliated to the State or local governments: January 1, 2020;
(b) Business or workplaces in which at least 30 and less than 300 employees are regularly employed: January 1, 2021;
(c) Business or workplaces in which at least five and less than 30 employees are regularly employed: January 1, 2022.
 Article 31 (Jobs Eligible for Discretionary Working System)
The term "works designated by Presidential Decree" in the former part of Article 58 (3) of the Act means any of the following jobs: <Amended on Jul. 12, 2010>
1. Researching on and developing new products or new technology, or researching on the humanities, social sciences, or natural sciences;
2. Designing and analyzing data processing systems;
3. Gathering, compiling, or editing materials for a newspaper, broadcasting, or publishing business;
4. Designing or devising clothes, interior decorations, industrial products, advertisements, etc.;
5. Working as a producer or director for production of broadcasting programs, motion pictures, etc.;
6. Other jobs specified by the Minister of Employment and Labor.
 Article 32 Deleted. <Jun. 29, 2018>
 Article 33 (Payment Date of Leave Allowance)
The wages payable in accordance with Article 60 (5) of the Act shall be paid on the pay day immediately before or after a paid leave is granted.
 Article 34 (Employees Excepted from Application of Working Hours, etc.)
"Business as prescribed by Presidential Decree" in subparagraph 4 of Article 63 of the Act means businesses of management and supervision or handling confidential information, irrespective of the type of business.
 Article 35 (Issuance, etc. of Employment Permit Certificate)
(1) The person eligible for the employment permit certificate under Article 64 of the Act shall be no less than 13 years old, but less than 15 years old: Provided, That a person who is less than 13 years old may be eligible for the employment permit certificate, if it is for participation in art performance.
(2) A person who desires to obtain an employment permit certificate under paragraph (1) shall file an application with the Minister of Employment and Labor as prescribed by Ordinance of the Ministry of Employment and Labor. <Amended on Jul. 12, 2010>
(3) The application under paragraph (2) shall be jointly signed by the head of a school (limited to a person subject to compulsory education and a person attending a school), a person having parental authority or a guardian, and the prospective employer.
 Article 36 (Delivery of Employment Permit Certificates)
(1) The Minister of Employment and Labor shall, when he/she permits employment upon an application under Article 35 (2), designate the job classification in the employment permit certificate prescribed by Ordinance of the Ministry of Employment and Labor and deliver it to an applicant and a prospective employer. <Amended on Jul. 12, 2010; Dec. 9, 2014>
(2) Where an employer who employees a person under the age of 15 is keeping an employment permit certificate, he/she shall be deemed to keep a certificate of family relationships records and a written consent of a person with parent authority or a guardian referred to in Article 66 of the Act. <Newly Inserted on Dec. 9, 2014>
[Title Amended on Dec. 9, 2014]
 Article 37 (Jobs Prohibited from Employment Permit)
The Minister of Employment and Labor may not issue an employment permit certificate for any job specified in Article 40. <Amended on Jul. 12, 2010>
 Article 38 Deleted. <Dec. 9, 2014>
 Article 39 (Re-issuance of Employment Permit Certificate)
Any employer or an employee of less than 15 years old shall, when the employment permit certificate is mutilated or lost, apply for re-issuance of the employment permit certificate without delay, as prescribed by Ordinance of the Ministry of Employment and Labor. <Amended on Jul. 12, 2010>
 Article 40 (Jobs Prohibited from Employment of Pregnant Women and Nursing Mothers)
The scope of the jobs prohibited from employment of pregnant women, women of 18 years of age or older who are not either pregnant women or nursing mothers, and women of less than 18 years of age under Article 65 of the Act shall be as specified in attached Table 4.
 Article 41 (Calculation of Working Hours)
The working hours under Article 69 of the Act and Article 139 of the Industrial Safety and Health Act means actual working hours excluding recess hours. <Amended on Dec. 24, 2019>
 Article 42 (Jobs Permitted for Work Inside of Pits)
The jobs for which women and persons of less than 18 years old may be assigned temporarily to work inside a pit in accordance with Article 72 of the Act shall be as follows:
1. Jobs for public health, medical treatment, and welfare;
2. Jobs for news report and data collection for producing newspaper, publishing, and broadcasting programs, etc.;
3. Surveying for academic researches;
4. Jobs for management and supervision;
5. Practical training in a field related to any job under subparagraphs 1 through 4.
 Article 43 (Request, etc. for Miscarriage or Stillbirth Leave)
(1) “Reasons prescribed by Presidential Decree” in the former part of Article 74 (2) of the Act means any of the following cases: <Newly Inserted on Jun. 21, 2012>
1. Where a pregnant employee has an experience of miscarriage/stillbirth;
2. Where a pregnant employee is at the age of 40 or more when she applies for a maternity leave;
3. Where a pregnant employee submits a report prepared by a medical institution stating that she has the risk of miscarriage/stillbirth.
(2) Where an employee who suffers from miscarriage or stillbirth requests the miscarriage or stillbirth leave pursuant to Article 74 (3) of the Act, she shall submit to the business owner an application for miscarriage or stillbirth leave, stating the reason for requesting the leave, the date on which miscarriage or stillbirth occurred, the pregnancy period, etc., along with a medical certificate issued by a medical institution. <Amended on Jun. 21, 2012>
(3) The the business owner shall give a miscarriage or stillbirth leave according to the following guidelines to any employee who requests a miscarriage or stillbirth leave pursuant to paragraph (2): <Amended on Jun. 21, 2012>
1. Where a pregnancy period of the employee who suffers from miscarriage or stillbirth (hereinafter referred to as the "pregnancy period") is not more than 11 weeks: up to five days from the date of miscarriage or stillbirth;
2. Where the pregnancy period is not less than 12 weeks but not more than 15 weeks: up to 10 days from the date of miscarriage or stillbirth;
3. Where the pregnancy period is not less than 16 weeks but not more than 21 weeks: up to 30 days from the date of miscarriage or stillbirth;
4. Where the pregnancy period is not less than 22 weeks but not more than 27 weeks: up to 60 days from the date of miscarriage or stillbirth;
5. Where the pregnancy period is not less than 28 weeks: up to 90 days from the date of miscarriage or stillbirth.
 Article 43-2 (Requests for Reduction of Work Hours during Pregnancy Period)
A female employee who intends to request a reduction of her work hours under Article 74 (7) of the Act shall submit a document (including electronic documents) in which her pregnancy period, the expected date of the commencement and termination of the reduction of work hours, the time to start and finish her work, etc. are specified by no later than three days before the expected commencement of reduction of work hours to an employer, appending a doctor's medical certificate (excluding cases where a reduction of work hours is requested again for the same pregnancy).
[This Article Newly Inserted on Sep. 24, 2014]
 Article 44 (Scope of Occupational Disease, etc.)
(1) The scope of occupational disease and medical treatment under Article 78 (2) of the Act shall be as provided for in attached Table 5.
(2) Where an employee suffers an occupational disease or injury or is dead in the course of employment, the employer shall have him/her receive examination from a doctor without delay.
 Article 45 Deleted. <Jun. 25, 2008>
 Article 46 (Period for Payment of Compensations for Medical Treatment and Suspension of Service)
The compensations for medical treatment and suspension of service shall be paid at least once a month.
 Article 47 (Determination of Grade of Disability)
(1) Criteria for determination of the grade of physical disability eligible for compensation under Article 80 (3) of the Act shall be as provided for in attached Table 6. <Amended on Jun. 25, 2008>
(2) If there are two or more different physical disabilities under attached Table 6, the grade for the most serious physical disability of them shall apply: Provided, That in the following cases, the grade adjusted in accordance with each of the following subparagraphs shall apply. In this case, the adjusted grade higher than Grade I shall be deemed as Grade I:
1. In case there are two or more different physical disabilities in Grade V or higher: The adjusted grade shall be the one raised by three grades from the grade for the most serious physical disability;
2. In case there are two or more physical disabilities in Grade VIII or higher: The adjusted grade shall be the one raised by two grades from the grade for the most serious physical disability;
3. In case there are two or more physical disabilities in Grade XIII or higher: The adjusted grade shall be the one raised by one grade from the grade for the most serious physical disability.
(3) Any physical disability that does not fall under any of the categories in attached Table 6 shall be compensated according to the degree of the disability by referring to similar physical disabilities in attached Table 6.
(4) Deleted. <Jun. 25, 2008>
 Article 48 (Scope of Survivors, etc.)
(1) The scope of surviving family members under Article 82 (2) of the Act shall be as follows. In this case, the priority for compensation among survivors shall be according to the order in the following subparagraphs, but the priority of members falling under the same subparagraph shall be given in the order as listed hereunder: <Amended on Jun. 25, 2008>
1. Spouse (including de facto spouse not by law), children, parents, grandchildren, and grandparents who were dependent upon the employee at the time of his/her death;
2. Spouse, children, parents, grandchildren, and grandparents who were not dependent upon the dead employee;
3. Siblings who were dependent upon the dead employee;
4. Siblings who were not dependent upon the dead employee.
(2) In determining the priority of surviving family members, adoptive parents shall take precedence over biological parents, adoptive grandparents shall take precedence over biological grandparents, yet adoptive parents of parents shall take precedence over biological grandparents of parents.
(3) Notwithstanding paragraphs (1) and (2), a specific person designated, if any, among surviving family members under paragraph (1) in the employee's will or by a pre-arrangement with the employer shall take precedence over others.
 Article 49 (Members of Same Priority)
Where there are two or more surviving family members of the same priority eligible for compensation for survivors, that compensation shall be divided equally according to the number of such members.
 Article 50 (Death of Definite Recipient of Compensation for Survivors)
Where any surviving family member definitely confirmed to receive compensation for survivors is dead, the compensation shall be paid to the members of the same priority with him/her, if any, or to the members of the next priority, if there is no member of the same priority.
 Article 51 (Timing of Compensation)
(1) Disability compensation shall be paid without delay after an employee completely recovers from an injury or disease.
(2) Compensation for survivors and funeral expenses shall be paid without delay after the death of an employee. <Amended on Mar. 30, 2021>
 Article 52 (Date of Occurrence of Cause for Calculating Average Wage for Accident Compensation)
In paying compensation for an accident, the date an accident causing death or an injury occurs, or the date on which a medical examination finally determines the incidence of a disease, shall be deemed as the date of occurrence of cause for calculating average wage.
 Article 53 Deleted. <Jun. 25, 2008>
 Article 54 (Posting, etc. of Draft Dormitory Rules)
Any employer who intends to obtain consent of the representative of the majority of employees in accordance with Article 99 (2) of the Act shall post a draft of dormitory rules at a conspicuous place within the dormitory or make it available for inspection, for seven days or longer to seek such consent, if the majority of the employees accommodated in the dormitory are less than 18 years old.
 Article 55 (Structure and Facilities of Dormitories)
Every employer shall satisfy all of the following requirements to build a dormitory:
1. One bedroom in the dormitory shall accommodate no more than 15 people;
2. The dormitory shall be provided with a proper number of restrooms, bathroom sinks, and bathing facilities;
3. The dormitory shall be provided with proper facilities, etc. for lighting and ventilation;
4. The dormitory shall be provided with proper cooling and heating facilities or equipment;
5. The dormitory shall be provided with facilities or equipment for preventing fires and for taking safety measures in the event of a fire.
[This Article Wholly Amended on Jul. 9, 2019]
 Article 56 (Places to Build Dormitory)
No employer shall build a dormitory at any place with severe noise or vibration, place with a substantial risk of natural disasters, such as landslide or avalanche, damp place or place likely to flood, place with a substantial risk of pollution from garbage or waste, or any other place where it is difficult for employees to live safely and comfortably.
[This Article Wholly Amended on Jul. 9, 2019]
 Article 57 (Creating Residential Environment of Dormitories)
Every employer shall comply with the following to operate a dormitory:
1. Male and female employees shall not live in one dormitory room;
2. Employees in two or more different shifts which have different working hours shall not live in one bedroom;
3. Where an employee living in the dormitory contracts an infectious disease defined in subparagraph 1 of Article 2 of the Infectious Disease Control and Prevention Act, the employer shall disinfect the following areas or items or otherwise take necessary measures:
(a) The employee’s bedroom;
(b) The employee’s personal items, such as bedding, tableware, and clothes, and other items;
(c) Common areas for use by employees in the dormitory.
[This Article Wholly Amended on Jul. 9, 2019]
 Article 58 (Area of Dormitory)
The area of a dormitory bedroom shall be at least 2.5 square meters per person. <Amended on Jul. 9, 2019>
[Title Amended on Jul. 9, 2019]
 Article 58-2 (Protection of Employees’ Privacy)
Every employer shall comply with the following for the protection, etc. of privacy of employees living in a dormitory:
1. Every room, restroom, bathing facility, etc. of the dormitory shall be fitted with proper locks;
2. The dormitory shall have a proper space to store each employee’s personal items.
[This Article Newly Inserted on Jul. 9, 2019]
 Article 59 (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 106 of the Act: <Amended on Jul. 12, 2010; Jul. 12, 2019; Mar. 30, 2021>
1. Requests for submission or attendance under Article 13 of the Act;
2. Receiving a report on the dismissal plan pursuant to Article 24 (4) of the Act;
2-2. Receipt of a plan for wage conservation under the main clause of Article 51-2 (5) of the Act;
3. Granting authorization or approval for extension of working hours pursuant to Article 53 (3) of the Act;
4. Issuing an order for recess or holiday pursuant to Article 53 (4) of the Act;
5. Granting approval for a person who engages in surveillance or intermittent work pursuant to subparagraph 3 of Article 63 of the Act;
6. Issuing an employment permit certificate and revoking such certificate pursuant to Article 64 of the Act;
7. Terminating an employment contract disadvantageous to the minor pursuant to 67 (2) of the Act;
8. Granting authorization for night and holiday duties of pregnant women, nursing mothers, and persons of less than 18 years old pursuant to the proviso of Article 70 (2) of the Act;
9. Matters related to review and arbitration on an objection to recognition, etc. of an accident under Article 88 of the Act and medical examination and diagnosis for such purpose;
10. Receiving a report on employment rules pursuant to Article 93 of the Act;
11. Issuing an order to revise employment rules pursuant to Article 96 (2) of the Act;
12. Issuing a written instruction for a field survey or medical examination pursuant to Article 102 (3) of the Act;
13. Receiving a notice of a violation of laws pursuant to Article 104 (1) of the Act;
14. Imposition and collection of administrative fines under Article 116 of the Act;
15. Receiving a report on special cases pursuant to Article 2 of the Addenda of the Amendment (Act No. 6974) to the Labor Standards Act;
16. Issuing an order to submit measures for maintaining the level of wages and giving confirmation thereof pursuant to Article 28 (2);
17. Receiving an application for employment permit pursuant to Article 35 (2);
18. Deleted. <Mar. 30, 2021>
[Enforcement Date: Jul. 1, 2021] Part regarding business or business place with a regular workforce of not less than five but not more than 50 employees regarding the amended provision of subparagraph 2-2 of Article 59
 Article 59-2 (Management of Sensitive Information and Personally Identifiable Information)
Where it is inevitable to perform the following affairs, the Minister of Employment and Labor (including the person who is entrusted with the authority of the Minister of Employment and Labor pursuant to Article 59) or the Labor Relations Commission may process the information on the health under Article 23 of the Personal Information Protection Act (only applicable to the affairs under subparagraph 7) and the data containing the resident registration number or foreigner registration number under subparagraph 1 or 4 of Article 19 of the Enforcement Decree of the same Act: <Amended on Jun. 21, 2012>
1. Affairs concerning the claim for compensation of damage under Article 19 (2) of the Act;
2. Affairs concerning the relief of unfair dismissal, etc. under Article 28 (1) of the Act;
3. Affairs concerning the order to pay money or other valuables under Article 30 (3) of the Act;
4. Affairs concerning confirmation of performance of the order for remedy of unfair dismissal and concerning imposition of charge for compelling performance, etc. pursuant to Article 33 of the Act;
4-2. Affairs concerning the disclosure of name of the business owner in arrear pursuant to Article 43-2 of the Act and the provision of the data on delayed payment of wages, etc. pursuant to Article 43-3 of the Act;
5. Affairs concerning the employment permit certificate under Article 64 of the Act;
6. Affairs concerning admission for the gross negligence under Article 81 of the Act;
7. Affairs concerning the review and arbitration under Article 88 (1) and 89 (1) of the Act;
8. Affairs concerning the report on violation of laws pursuant to Article 104 of the Act;
9. Affairs concerning accusation of the person who fails to perform the definite order for remedy, etc. pursuant to Article 112 of the Act.
[This Article Newly Inserted on Jan. 6, 2012]
 Article 59-2 Deleted. <Mar. 3, 2020>
 Article 60 (Standards for Imposing Administrative Fines)
The criteria for imposition of an administrative fine under Article 116 (1) of the Act shall be prescribed in attached Table 7. <Amended on Jul. 12, 2010; Mar. 30, 2011>
[This Article Wholly Amended on Jun. 25, 2008]
[Title Amended on Mar. 30, 2011]
ADDENDA <Presidential Decree No. 20142, Jun. 29, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2007: Provided, That the provisions of subparagraph 4 (b) and (c) of attached Table 2 shall enter into force on the enforcement date prescribed in the subparagraphs of Article 2 of the Addenda.
Article 2 (Enforcement Date of Amendment (Presidential Decree No. 18158) to Enforcement Decree of Labor Standards Act)
The enforcement dates of the Amendment (Presidential Decree No. 18158) to the Enforcement Decree of the Labor Standards Act shall be as prescribed in the following subparagraphs: <Amended on Dec. 29, 2010>
1. For financial and insurance businesses, institutions that meet the requirements of the government-invested institution under Article 2 of the Framework Act on the Management of Government-Invested Institutions (hereinafter referred to as a "government-invested institution"), which was repealed pursuant to Article 2 of the Addenda of the Act on the Management of Public Institutions (Act No. 8258), among the institutions designated as public agencies pursuant to Article 4 of the Act on the Management of Public Agencies, local corporations and local authorities under Articles 49 and 76 of the Local Public Enterprises Act, institutions and organizations in which case the State, a local government or a government-invested institution has invested in at least one half of capital or has contributed at least one half of fundamental assets, institutions and organizations in which case one of the afore-said institutions and organizations has invested in at least one half of capital or has contributed at least one half of fundamental assets, and a business or workplace with 1,000 regular employees or more: July 1, 2004;
2. For a business or workplace with no less than 300 but less than 1,000 regular employees, and the agencies of the State and local governments: July 1, 2005;
3. For a business or workplace with no less than 100 but less than 300 regular employees: 7/1/2006;
4. For a business or workplace with no less than 50 but less than 100 regular employees: July 1, 2007;
5. For a business or workplace with no less than 20 but less than 50 regular employees: 7/1/2008;
6. For a business or workplace with less than 20 regular employees: July 1, 2011.
Article 3 (Enforcement Date of Provisions concerning Working Hours, etc. in Partial Amendment (Presidential Decree No. 18805) to Enforcement Decree of Labor Standards Act)
The term "date determined by Presidential Decree" in subparagraph 6 of Article 1 of the Addenda of the Amendment (Act No. 6974) to the Labor Standards Act means July 1, 2005 for the agencies of the State and local governments.
Article 4 Omitted.
Article 5 (Relationship to Other Statutes)
A citation of the previous provisions of the Enforcement Decree of the Labor Standards Act by any other Act and subordinate statute at the time this Decree enters into force shall be deemed as a citation of the corresponding provisions of this Decree in lieu of the previous provisions, if there are the corresponding provisions thereof in this Decree.
ADDENDA <Presidential Decree No. 20803, Jun. 5, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on 6/22/2008. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 20873, Jun. 25, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on 7/1/2008.
Article 2 (Calculation Method of Number of Regular Workforce of Related Works such as Construction Works, etc. subject to Application of Special Cases of Working Hours)
(1) The number of the regular workforce of the related works (hereafter referred to as the "related works" in this Article) under Article 5-2 of the Addenda of the Labor Standards Act (Act No. 8372) shall be the number calculated according to the following calculation method. In such cases, the term "total amount of contracts for works"means the amount of contracts (in cases where the person awarding the contracts furnishes materials, including the converted amount of such materials into the market price) of the related works to be performed to complete the final object, the term "ratio of labor of the corresponding year" means the ratio of labor of general construction works under Article 11 (1) 1 of the Enforcement Decree of the Act on the Collection of Insurance Premiums, etc. for Employment Insurance and Industrial Accident Compensation Insurance, and the term "monthly average wages of construction business" means the wages calculated and announced by the Minister of Labor on the basis of wages of construction business in the inspection of wages and working hours of enterprises prepared by the Minister of Labor from among the designated statistics under Article 3 of the Statistics Act.
Number of regular workforce=
Total amount of contracts for works ×Ratio of labor of the corresponding year
Monthly average wages of construction business of the corresponding year×Number of working months
(2) When calculating the total amount of contracts for works under the latter part of paragraph (1), in cases where the related works to be performed to complete the final object have been divided into not less than two parts and contracted accordingly (including the cases where the person awarding the contracts directly performs part of the works) regardless of entrustment or other name, it shall be calculated by aggregating the amount of all contracts.
ADDENDUM <Presidential Decree No. 21695, Aug. 18, 2009>
This Decree shall enter into force on 8/22/2009.
ADDENDUM <Presidential Decree No. 22061, Mar. 24, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on 4/10/2010.
Article 2 Omitted.
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. 22567, Mar. 29, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Enforcement Date of Amended Labor Standards Act, for the Business or Workplace Having less than 20 full-time Employees)
“The date that is fixed by Presidential Decree” under subparagraph 6 of Article 4 of the Addenda of the wholly amended Labor Standards Act (Act No. 8372) means July 1, 2011 with respect to the business or workplace that keeps less than 20 full-time employers.
ADDENDUM <Presidential Decree No. 22687, Mar. 2, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 22804, Mar. 30, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Administrative Fines)
(1) When guidelines for imposing administrative fines apply to offenses committed before this Decree enters into force, notwithstanding the amended provisions of attached Table 7, the previous provisions thereof shall apply.
(2) Administrative fines imposed for violations committed before this Decree enters into force shall not be included in the calculation of the number of violations under the amended provisions of attached Table 7.
ADDENDA <Presidential Decree No. 23155, Sep. 22, 2011>
This Decree shall enter into force on 1/1/2012.
ADDENDUM <Presidential Decree No. 23488, Mar. 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. 23868, Jun. 21, 2012>
This Decree shall enter into force on 8/2/2012.
ADDENDA <Presidential Decree No. 23946, Jul. 10, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on 8/2/2012.
Articles 2 and 3 Omitted.
ADDENDUM <Presidential Decree No. 24652, Jun. 28, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on 7/1/2013.
Article 2 (Applicability to Scope of Occupational Diseases and Medical Treatment)
The amended provisions of attached Table 5 shall also apply to cases where an employer provides an employee with medical treatment or bears expenses therefor for any occupational disease which occurred before this Decree enters into force.
ADDENDA <Presidential Decree No. 25630, Sep. 24, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on 9/25/2014.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 25631, Sep. 24, 2014>
This Decree shall enter into force on 9/25/2014.
ADDENDUM <Presidential Decree No. 25840, Mar. 9, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2015.
Articles 2 through 16 Omitted.
ADDENDA <Presidential Decree No. 27619, Nov. 29, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 27751, Mar. 30, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on 1/1/2017. (Proviso Omitted.)
Articles 2 through 12 Omitted.
ADDENDUM <Presidential Decree No. 29010, Jun. 29, 2018>
This Decree shall enter into force on July 1, 2018: Provided, That the following matters shall enter into force on the following dates:
1. The amended provisions of Article 6 (2) 3 and 4: Following dates:
(a) Business or workplaces in which at least 300 employees are regularly employed; public institutions under Article 4 of the Act on the Management of Public Institutions; local government-invested public corporations or local public agencies under Article 49 or 76 of the Local Public Enterprises Act; institutions or organizations at least 1/2 of the capital or endowment of which is invested or contributed by the State, local governments or government-invested institutions; institutions or organizations at least 1/2 of the capital or endowment of which is invested or contributed by the above-mentioned institutions or organizations; and institutions affiliated to the State or local governments: July 1, 2018 (referring to July 1, 2019 in the case of a business category to which exceptions to the provision on working hours or rest breaks are not applicable pursuant to Article 59 of the Labor Standards Act as amended on Act No. 15513);
(b) Business or workplaces in which at least 50 and less than 300 employees are regularly employed: January 1, 2020;
(c) Business or workplaces in which at least five and less than 50 employees are regularly employed: July 1, 2021.
2. The amended provisions of Articles 7-2 (4) 1, 8 and 22 (2) 5: The promulgation date;
3. The amended provision of Article 30 (2): Following dates:
(a) Business or workplaces in which at least 300 employees are regularly employed; public institutions under Article 4 of the Act on the Management of Public Institutions; local government-invested public corporations or local public agencies under Article 49 or 76 of the Local Public Enterprises Act; institutions or organizations at least 1/2 of the capital or endowment of which is invested or contributed by the State, local governments or government-invested institutions; institutions or organizations at least 1/2 of the capital or endowment of which is invested or contributed by the above-mentioned institutions or organizations; and institutions affiliated to the State or local governments: January 1, 2020;
(b) Business or workplaces in which at least 50 and less than 300 employees are regularly employed: January 1, 2021;
(c) Business or workplaces in which at least five and less than 50 employees are regularly employed: January 1, 2022.
ADDENDA <Presidential Decree No. 29950, Jul. 2, 2019>
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDUM <Presidential Decree No. 29964, Jul. 9, 2019>
This Decree shall enter into force on July 16, 2019: Provided, That the amended provisions of Articles 2 (1) 1, 11, and 16 shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 30256, Dec. 24, 2019>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 16, 2020. (Proviso Omitted.)
Articles 2 through 33 Omitted.
ADDENDUM <Presidential Decree No. 30509, Mar. 3, 2020>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 31584, Mar. 30, 2021>
Article 1 (Enforcement Date)
This Decree shall enter into force on April 6, 2021: Provided, That the following amended provisions shall enter into force on the dates specified in the following subparagraphs:
1. Any of the following provisions in the amended provisions of subparagraph 1 of Article 8-2 and Article 22 (1) 8: the dates specified as follows:
(a) Part of a business or business place with a regular workforce of not less than five but not more than 50 employees, as part of Article 51-2 (1) of the Act, the proviso of Article 5 (5) of the same Article, Article 52 (1), and the proviso of paragraph (2)1: July 1, 2021;
(b) The part regarding Article 53 (3) of the Act: July 1, 2021;
(c) Part of a business or business place with a regular workforce of not less than five but not more than 30 employees as part of the proviso of Article 55 (2) of the Act: January 1, 2022.
2. Part of a business or business place with a regular workforce of not less than five but not more than 50 employees, among the amended provisions of the legal controversy on the grounds of subparagraph of Article 23-2, Article 28-2, Article 29, subparagraph 2-2 of Article 59, subparagraph 2 (g) and (n) of attached Table 7: July 1;
Article 2 (Term of Validity)
The part concerning Article 53 (3) of the Act in the amended provisions of subparagraph 1 of Article 8-2 and Article 22 (1) 8 shall be effective until December 31, 2022.