CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to create high-quality jobs related to domestic services and promote employment stability and improvement of working conditions for domestic workers by stipulating matters regarding the working conditions of domestic workers and certification, etc. of domestic service providers.
The terms used in this Act are defined as follows:
| 1. | The term “domestic service” means performing tasks necessary for maintenance and management of family life, such as cleaning, laundry, and kitchen work performed in the house and protection and nurturing of household members; |
| 2. | The term “domestic service provider” means an institution that is certified under Article 7 and provides domestic services pursuant to this Act; |
| 3. | The term “domestic service user” (hereinafter referred to as “user”) means a person who is provided with domestic services under a contract for use with a domestic service provider; |
| 4. | The term “domestic worker” means a person who enters into a labor contract with an employer of a domestic service provider (referring to an employer under Article 2 (1) 2 of the Labor Standards Act; hereinafter the same shall apply) and provides domestic services to users; |
| 5. | The term "live-in domestic worker” means a domestic worker who provides domestic services while living in the user's household. |
| Article 3 (Support from the State) |
| (1) | The State and local governments shall endeavor to stabilize employment of domestic workers, improve their rights and interests, create jobs for them, etc. |
| (2) | The State and local governments may formulate and implement the following support policies for domestic service providers and domestic workers in order to improve working conditions for domestic workers and to create a healthy domestic service market: |
| 1. | Providing advice and information necessary for the operation of domestic service providers, etc.; |
| 2. | Providing education and training support to enhance the expertise of domestic workers; |
| 3. | Matters necessary to promote the rights and interests of domestic workers, such as handling grievances and counseling for domestic workers. |
| Article 4 (Promoting Rights and Interests of Domestic Workers) |
| (1) | Domestic service providers as well as users and their families (hereafter in this Article referred to as “users, etc.”) shall not force domestic workers to work against their free will and shall endeavor to provide appropriate working environments, such as giving such workers break time. |
| (2) | Domestic service providers shall endeavor to resolve and mediate complaints or grievances, etc. raised by domestic workers, such as conflicts between domestic workers and users, with regard to providing domestic services and shall not put domestic workers at a disadvantage on the ground that they have raised complaints or grievances, etc. |
| (3) | Users, etc. shall not infringe upon the privacy of live-in domestic workers. |
| Article 5 (Scope of Application) |
This Act applies to the labor relationship between domestic service providers and domestic workers and to the use of domestic services provided by domestic workers to users.
| Article 6 (Relationship to Other Statutes) |
CHAPTER II DOMESTIC SERVICE PROVIDERS
| Article 7 (Certification of Domestic Service Providers) |
| (1) | A person who intends to operate a domestic service provider shall meet all of the following requirements and be certified by the Minister of Employment and Labor: |
| 2. | It shall hire domestic workers as paid workers (including cases where it intends to hire them) and conduct business activities to provide domestic services in accordance with the standards prescribed by Presidential Decree, such as the number of workers hired; |
| 3. | It shall have a means for compensating for personal or material damage that may occur in the process of domestic workers providing domestic services due to safety-related accidents, etc.; |
| 4. | It shall have a means by which domestic workers can request complaints or grievances, etc. to be handled, including appointing grievance handling committee members under Article 26 of the Act on the Promotion of Employees' Participation and Cooperation; |
| 5. | It shall meet other requirements prescribed by Presidential Decree with respect to the standards for operation, etc. |
| (2) | A person who intends to be certified under paragraph (1) shall apply to the Minister of Employment and Labor as prescribed by Ordinance of the Ministry of Employment and Labor. |
| (3) | Upon receipt of an application for certification under paragraph (2), the Minister of Employment and Labor shall examine whether to grant certification and shall notify the applicant of the result; and where certifying the applicant as a domestic service provider under this Act, the Minister shall publicly announce such certification in a manner prescribed by Ordinance of the Ministry of Employment and Labor. |
| (4) | In order to change certified matters that are determined as important by Ordinance of the Ministry of Employment and Labor, a domestic service provider shall obtain certification for change; and to change other matters, it shall file a report on change. |
| (5) | An institution that has not been certified as a domestic service provider under this Act shall not pretend to be a domestic service provider certified under this Act. |
| (6) | Matters necessary for the standards and methods for, the certification examination, the notification of the results, and the procedures for certifying and reporting changes, etc. under paragraphs (3) and (4) shall be prescribed by Ordinance of the Ministry of Employment and Labor. |
| Article 8 (Grounds for Disqualification) |
None of the following persons shall serve as a representative or an executive officer of a domestic service provider:
| 1. | A minor, a person under adult guardianship, or a person under limited guardianship; |
| 2. | A person declared bankrupt and not yet reinstated; |
| 3. | A person for whom two years have not passed since his or her imprisonment without labor or heavier punishment declared by a court was completely executed (including where it is deemed to have been completely executed) or since the person was exempted thereform; |
| 4. | A person who is under suspension of the execution of his or her imprisonment without labor or heavier punishment declared by a court; |
| 5. | A person who was sentenced to a fine for violating this Act and for whom one year has not passed since the sentence became final and conclusive; |
| 6. | A person who was a representative or an executive officer of a domestic service provider whose certification was revoked under Article 23 (2) and for whom two years have not passed since such revocation. |
| Article 9 (Matters to Be Observed by Domestic Service Providers) |
| (1) | Domestic service providers shall disclose the fact that they have been certified under Article 7, the types and details of the domestic services they provide, the standards for calculating domestic service fees, the procedures for use, and other matters prescribed by Ordinance of the Ministry of Employment and Labor regarding use of domestic services, in a manner prescribed by Ordinance of the Ministry of Employment and Labor, such as posting on their websites. |
| (2) | When domestic service providers enter into a contract for use under Article 11 (1) and (2), they shall ensure that the contents of the contract do not contravene the Labor Standards Act and the working conditions, etc. stipulated in this Act. |
| (3) | Domestic service providers and domestic workers shall neither divulge to others the user's secrets learned in the course of performing their work nor use them for purposes other than business purposes. |
| Article 10 (Suspension or Closure of Business of Domestic Service Providers) |
Where a domestic service provider intends to suspend or close business or resume business that has been suspended, it shall report it to the Minister of Employment and Labor as prescribed by Ordinance of the Ministry of Employment and Labor.
CHAPTER III PROVISION OF DOMESTIC SERVICES
| Article 11 (Domestic Service Use Contract) |
| 1. | The type of the domestic services; |
| 2. | The date and time to provide the domestic services; |
| 3. | Break time for the domestic worker; |
| 4. | Matters regarding the safety of the domestic worker; |
| 5. | The domestic service fees and payment methods; |
| 6. | Matters regarding compensation for damage that may occur due to safety-related accidents, etc. while the domestic services are provided; |
| 7. | Other matters prescribed by Ordinance of the Ministry of Employment and Labor with regard to the provision of domestic services and the protection of domestic workers. |
| (2) | When a domestic service provider enters into a contract for use whereby domestic services are provided with moving-in, it shall ensure that the following matters are included in the contract for use in addition to the matters specified in the subparagraphs of paragraph (1): |
| 1. | A bedroom for the live-in domestic worker; |
| 2. | Providing meals to the live-in domestic worker; |
| 3. | Guaranteeing continuous break time. |
| (3) | A domestic service provider shall notify in advance the domestic worker who is to provide domestic services under the contract for use prescribed in paragraphs (1) and (2), of the details of such contract so that the domestic worker can provide domestic services in accordance with the contract. |
| (4) | A user shall comply with the contract for use concluded under paragraphs (1) and (2) and shall not ask domestic workers to perform tasks other than those stipulated in the contract for use. |
| (5) | In order to improve the working conditions for domestic workers and to create a sound domestic service market, the Minister of Employment and Labor may prepare a standard contract for use that includes the matters specified in the subparagraphs of paragraphs (1) and (2) and may encourage domestic service providers to use it. |
| Article 12 (Grounds for Disqualification of Domestic Workers Providing Child Protection and Nurturing Services) |
No domestic service provider shall allow any of the following domestic workers to provide protection and nurturing services for children 12 years of age or younger:
| 1. | A minor, a person under adult guardianship, or a person under limited guardianship; |
| 3. | A person addicted to narcotic drugs, marijuana, or psychotropic substances; |
| 4. | A person for whom three years have not passed since his or her imprisonment without labor or heavier punishment declared by a court was completely executed (including where it is deemed to have been completely executed) or since the person was exempted therefrom; |
| 5. | A person who is under suspension of the execution of his or her imprisonment without labor or heavier punishment declared by a court; |
| 7. | A person for whom 20 years have not passed since his or her imprisonment without labor or heavier punishment declared by a court for committing a child abuse-related crime defined in subparagraph 7-2 of Article 3 of the Child Welfare Act, was completed or since the person was exempted therefrom; |
| 8. | A person who was sentenced to suspension of the execution of imprisonment without labor or heavier punishment for committing a child abuse-related crime defined in subparagraph 7-2 of Article 3 of the Child Welfare Act and for whom 20 years have not passed since the suspension of execution became final and conclusive; |
| 9. | A person who was sentenced to a fine for committing a child abuse-related crime defined in subparagraph 7-2 of Article 3 of the Child Welfare Act and for whom 10 years have not passed since the sentence became final and conclusive. |
| Article 13 (Criminal History Inquiry to Check Grounds for Disqualification) |
| (1) | In order to check whether any of the grounds for disqualification specified in subparagraphs 4 through 9 of Article 12 applies to a domestic worker who is to provide protection and nurturing services for children 12 years of age or younger, a domestic service provider shall, with the consent of the domestic worker, request a criminal history inquiry under Article 6 of the Act on the Lapse of Criminal Sentences from the commissioner of the competent City/Do police agency or the chief of the competent police station: Provided, That where a domestic worker directly submits a reply to the criminal history inquiry to the domestic service provider, it is deemed that the criminal history inquiry has been made. |
| (2) | The commissioner of the City/Do police agency or the chief of the police station who has received a request for a criminal history inquiry under paragraph (1) shall comply therewith, unless there is good reason. |
| (3) | The commissioner of the City/Do police agency or the chief of the police station who has received a request for a criminal history inquiry under paragraph (1) shall notify only whether the grounds for disqualification specified in subparagraphs 4 through 9 of Article 12 apply. |
| (4) | Matters necessary for the procedures for, and the scope, etc. of, criminal history inquiry under paragraphs (1) and (2) shall be prescribed by Presidential Decree. |
CHAPTER IV WORKING CONDITIONS FOR DOMESTIC WORKERS
| Article 14 (Specifying Working Conditions) |
| (1) | The employer of a domestic service provider shall specify the following matters when entering into a labor contract with a domestic worker; and the foregoing shall also apply to any changes to the following matters after the labor contract is concluded: |
| 1. | Wages (including constituent items, calculation methods, and payment methods); |
| 3. | Paid holidays and annual paid leave under Article 16; |
| 4. | The types and details of domestic services provided by the domestic worker; |
| 5. | Other matters regarding working conditions prescribed by Presidential Decree. |
| (2) | The employer of a domestic service provider shall deliver a document stating the matters specified in the subparagraphs of paragraph (1) to the domestic worker: Provided, That such document shall be delivered to the domestic worker upon request where the matters specified in the subparagraphs of paragraph (1) are changed due to reasons prescribed by Presidential Decree, such as a change in the relevant collective agreement or employment rules. |
| (3) | If this Act sets standards that are different from the standards under the Labor Standards Act with regard to working conditions, a labor contract part of which does not meet the standards for working conditions stipulated in this Act shall be null and void to the extent of such part. |
| (4) | The part invalidated under paragraph (3) shall follow the standards set forth in this Act. |
| Article 15 (Minimum Working Hours) |
| (1) | The minimum working hours shall be at least 15 hours per week: Provided, That if there is an explicit intention of the domestic worker or in cases of unavoidable business circumstances prescribed by Presidential Decree, it may be set to less than 15 hours per week. |
| (2) | Article 16 shall not apply to domestic workers whose minimum working hours per week are less than 15 hours. |
| Article 16 (Paid Holidays and Annual Paid Leave) |
| (2) | Detailed standards for determining paid holidays and annual paid leave under paragraph (1) and standards for calculating wages that the employer of a domestic service provider should pay to a domestic worker during paid holidays and annual paid leave periods shall be determined by Presidential Decree based on the actual working hours of the domestic worker. |
| (3) | Annual paid leave under paragraph (1) shall be granted at the time requested by a domestic worker: Provided, That the period may be changed if granting leave at the time requested by the domestic worker significantly hinders the operation of the business. |
| Article 17 (Special Cases concerning Live-In Domestic Workers) |
| (1) | Where it is impracticable to calculate the actual working hours of a live-in domestic worker, the hours of providing domestic services specified in the contract for use under Article 11 (1) shall be deemed worked. |
| (2) | When a domestic service provider enters into a contract for use whereby domestic services are provided with moving-in as prescribed in Article 11 (1) and (2), it shall check in advance whether there is a bedroom for the domestic worker in the place where the relevant domestic services are to be provided. |
CHAPTER V PROMOTION OF DOMESTIC SERVICES
| Article 18 (Tax Reduction and Social Insurance Premium Support) |
| Article 19 (Establishment and Operation of Computerized Systems) |
| (1) | The Minister of Employment and Labor may establish and operate a computerized system that provides comprehensive information on the provision of domestic services by domestic service providers, use of domestic services, etc. |
| (2) | If necessary for the operation of the computerized system under paragraph (1), the Minister of Employment and Labor may request a domestic service provider to submit information subject to disclosure under Article 9 (1). In such cases, the domestic service provider shall submit the relevant information unless there is good reason. |
| Article 20 (Deliberation upon Important Matters Related to Promotion of Domestic Workers’ Rights and Interests) |
The following matters regarding the promotion of the rights and interests of domestic workers under this Act shall be deliberated upon by the Employment Policy Deliberative Council under Article 10 of the Framework Act on Employment Policy (hereafter in this Article referred to as the “Employment Policy Deliberative Council”): | 1. | Matters regarding formulating important policies and reforming systems, for employment stability and working conditions improvement for domestic workers; |
| 2. | Other matters submitted to a meeting by the chairperson of the Employment Policy Deliberative Council with regard to the promotion of the rights and interests of domestic workers. |
CHAPTER VI SURVEYS AND SUPERVISION
| Article 21 (Fact-Finding Surveys) |
| (1) | If necessary for improving the quality of domestic services and working conditions for domestic workers, the Minister of Employment and Labor may conduct a fact-finding survey on the status of the operation of domestic service providers, the satisfaction of users of domestic services, etc. |
| (2) | If necessary for the fact-finding survey under paragraph (1), the Minister of Employment and Labor may request a domestic service provider to submit data or to state opinions, etc. In such cases, the domestic service provider in receipt of such request shall comply therewith unless there is good reason. |
| (3) | Matters necessary for the methods, procedures, etc. for the fact-finding survey under paragraph (1) and requests for data submission under paragraph (2) shall be prescribed by Ordinance of the Ministry of Employment and Labor. |
| Article 22 (Guidance and Supervision) |
| (1) | If necessary for supervising a domestic service provider, the Minister of Employment and Labor may have relevant public officials enter the office of the domestic service provider or other places as necessary to inspect books, documents, or other items, or to ask relevant persons questions, and may order the relevant provider to report on its business or to submit data such as relevant documents, as prescribed by Presidential Decree. |
| (2) | A public official who enters relevant places or conducts an inspection pursuant to paragraph (1) shall carry identification indicating his or her authority and present it to relevant persons. |
| Article 23 (Corrective Orders and Revocation of Certification) |
| (1) | The Minister of Employment and Labor may order a domestic service provider to make corrections in any of the following cases: |
| 1. | Where the domestic service provider takes measures unfavorable to domestic workers in violation of Article 4 (2); |
| 2. | Where the certification requirements under Article 7 (1) are not met; |
| 3. | Where the domestic service provider fails to disclose the information subject to disclosure or discloses false information in violation of Article 9 (1); |
| 4. | Where the domestic service provider concludes a contract for use which contains contents contravening the Labor Standards Act, the working conditions stipulated in this Act, etc. in violation of Article 9 (2); |
| 5. | Where the domestic service provider has a domestic worker provide domestic services without entering into a contract for use, or where the contract for use is concluded without containing matters to be contained, in violation of Article 11 (1) and (2); |
| 6. | Where the domestic service provider has a domestic worker provide protection and nurturing services for children 12 years of age or younger in violation of Article 12; |
| 7. | Where the domestic service provider fails to guarantee the minimum working hours for the domestic worker under Article 15 (1): Provided, That cases falling under the proviso of the same paragraph shall be excluded; |
| 8. | Where the domestic service provider fails to comply with a request for submission of data under Article 19 (2) without good reason, or where such provider submits false information; |
| 9. | Where the domestic service provider fails to comply with a request for submission of data or statement of opinion under Article 21 (2), without good reason, or where such provider submits false data or states a false opinion; |
| 10. | Where the domestic service provider refuses, obstructs, or evades entry or inspection under Article 22 (1) without good reason; refuses to make a statement in response to a question or makes a false statement; or fails to comply with an order to give a report or submit data, or gives a false report or submits false data. |
| (2) | The Minister of Employment and Labor may revoke the certification of a domestic service provider in any of the following cases: Provided, That in cases of subparagraph 1 or 4, the certification shall be revoked: |
| 1. | Where obtaining the certification by fraud or other improper means; |
| 2. | Where failing to comply with a corrective order under paragraph (1); |
| 3. | Where closing business or suspending business for one year or longer without good reason after obtaining the certification; |
| 4. | Where any subparagraph of Article 8 becomes applicable to the representative or an executive officer of the domestic service provider; |
| 5. | In other cases where providing normal domestic services is deemed significantly impracticable. |
| (3) | Where the Minister of Employment and Labor is to revoke the certification of a domestic service provider on the grounds specified in paragraph (2) 4, he or she shall give a period of at least one month in advance to replace the relevant representative or executive officer. |
| (4) | Where the Minister of Employment and Labor intends to revoke the certification of a domestic service provider pursuant to paragraph (2), he or she shall hold a hearing. |
| (5) | A domestic service provider whose certification has been revoked under paragraph (2) cannot obtain certification again within two years from the date of the revocation. |
| (6) | Matters necessary for corrective orders under paragraph (1) and specific standards and procedures, etc. for revocation of certification under paragraph (2) shall be prescribed by Ordinance of the Ministry of Employment and Labor. |
| Article 24 (Delegation or Entrustment of Authority or Tasks) |
| (1) | Part of the authority of the Minister of Employment and Labor under this Act may be delegated to the head of a local government or the head of a regional employment and labor office, as prescribed by Presidential Decree. |
| (2) | The Minister of Employment and Labor may entrust the following tasks to a relevant specialized institution or organization, as prescribed by Presidential Decree: |
| 1. | Establishment and operation of the computerized system under Article 19 (1); |
| 3. | Other tasks prescribed by Presidential Decree. |
| (3) | The State may subsidize the institution or organization entrusted with tasks pursuant to paragraph (2) for the expenses incurred in handling the entrusted tasks. |
| (4) | A person who performed or is performing tasks entrusted pursuant to paragraph (2) shall neither divulge secrets learned in the course of performing such tasks nor use them for purposes other than business purposes. |
| Article 25 (Legal Fiction as Public Officials for Purposes of Applying Penalty Provisions) |
Executive officers and employees of the relevant specialized institution or organization performing tasks entrusted by the Minister of Employment and Labor under Article 24 (2) shall be deemed public officials for purposes of applying penalty provisions under Articles 129 through 132 of the Criminal Act.
CHAPTER VII PENALTY PROVISIONS
| Article 26 (Penalty Provisions) |
| (1) | A person who fails to grant paid holidays and annual paid leave or fails to grant annual paid leave at the time requested by domestic workers in violation of Article 16 (1) or (3) (excluding cases under the proviso of paragraph (3) of the same Article) shall be punished by imprisonment with labor for up to two years or by a fine not exceeding 20 million won. |
| (2) | A person who divulges secrets learned in the course of performing work or tasks or use them for purposes other than business purposes in violation of Article 9 (3) or 24 (4) shall be punished by imprisonment with labor for up to one year or by a fine not exceeding 10 million won. |
| (3) | Any of the following persons shall be punished by a fine not exceeding five million won: |
| 1. | A person who pretends to be a domestic service provider certified under this Act in violation of Article 7 (5); |
| 2. | A person who fails to specify relevant matters in the labor contract or fails to deliver a document specifying relevant matters in violation of Article 14 (1) or (2). |
| Article 27 (Joint Penalty Provisions) |
If the representative of a corporation or an agent, an employee, or any other worker of a corporation commits any violations described in Article 26 in conducting the business affairs of the corporation, the corporation shall be punished by a fine prescribed in that Article in addition to punishing the violator accordingly: Provided, That the foregoing shall not apply if the corporation has not been negligent in giving due attention and supervision concerning the relevant business affairs to prevent such violation.
| Article 28 (Administrative Fines) |
| (1) | Any of the following persons is subject to an administrative fine not exceeding five million won: |
| 1. | A domestic service provider that fails to obtain a certification for change or to report a change in violation of Article 7 (4); |
| 2. | A domestic service provider that has a domestic worker provide domestic services without entering into a contract for use or that enters into a contract for use without including matters to be included, in violation of Article 11 (1) and (2); |
| 3. | A domestic service provider that allows the provision of protection and nurturing services for children 12 years of age or younger in violation of Article 12; |
| 4. | A person who refuses, obstructs, or evades entry or inspection under Article 22 (1) without good reason; a person who refuses to make a statement in response to a question or makes a false statement; and a person who fails to give a report or submit data, or gives a false report or submits false data. |
| (2) | Any of the following persons shall be subject to an administrative fine not exceeding three million won: |
| 1. | A domestic service provider that fails to report business suspension, closure, etc. in violation of Article 10; |
| 2. | A person who fails to comply with a request for submission of information under Article 19 (2) without good reason or submits false information; |
| 3. | A person who fails to comply with a request for submission of data or statement of opinion under Article 21 (2) without good reason, or who submits false data or states a false opinion. |
| (3) | Administrative fines under paragraphs (1) and (2) shall be imposed and collected by the Minister of Employment and Labor as prescribed by Presidential Decree. |
ADDENDA <Act No. 18285, Jun. 15, 2021>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 Omitted.