The purpose of this Act is to prescribe matters necessary for protection and support for persons who engage in essential work to protect the lives and bodies of citizens or to maintain the functions of the society in the event of disasters.
The terms used in this Act are defined as follows:
| 2. | The term "essential work" means a duty required to protect the lives and bodies of citizens or to maintain social functions even in the event of a disaster, which are determined by the Minister of Employment and Labor after deliberation by the Essential Work Designation and Workers Support Committee under Article 6; |
| 3. | The term "essential worker" means a person who provides labor for business of others in the course of performing essential work (including an employee under Article 2 (1) 1 of the Labor Standards Act; hereinafter the same shall apply), who is designated by the Minister of Employment and Labor after deliberation by the Essential Work Designation and Workers Support Committee under Article 6. |
| Article 3 (Responsibilities of the State and Local Governments) |
| (1) | The State and local governments (hereinafter referred to as the “State, etc.") shall take responsibility for protecting the safety and health of essential workers in the event of a disaster and formulate and implement policies necessary for such protection. |
| (2) | The State, etc. shall endeavor to guarantee appropriate working hours for essential workers and improve their treatment and working conditions, in order to ensure the continuous conduct of essential work and the smooth supply of human resources. |
| Article 4 (Responsibilities of Citizens) |
Where the State, etc. formulate and implement policies to protect the safety and health of essential workers, the citizens shall fully cooperate therewith.
| Article 5 (Relationship to Other Statutes) |
In the event of a disaster, this Act shall prevail over other statutes with respect to protection and support for essential workers: Provided, That where other statutes provide for more preferential protection and support than this Act, the provisions of such statues shall apply.
| Article 6 (Designation of Essential Work and Establishment of Essential Worker Support Committee) |
The Essential Work Designation and Workers Support Committee (hereinafter referred to as the "Committee") shall be established under the jurisdiction of the Ministry of Employment and Labor to deliberate on matters regarding the designation of essential work and protection and support for essential workers.
| Article 7 (Matters Subject to Deliberation by Committee) |
The Committee shall deliberate on the following matters:
| 1. | Matters regarding the scope of essential work in consideration of the type, scale, etc. of disasters; |
| 2. | Matters regarding the scope of essential workers who need protection or support; |
| 3. | Matters regarding the formulation of support plans for essential workers under Article 11; |
| 4. | Matters regarding the fact-finding surveys and evaluation under Article 12; |
| 5. | Other matters submitted to a meeting by the chairperson in relation to protection and support for essential workers. |
| Article 8 (Composition and Operation of Committee) |
| (1) | The Committee shall be comprised of not more than 15 members, including one chairperson and one vice chairperson. |
| (2) | The Minister of Employment and Labor shall become the chairperson of the Committee, and the chairperson shall designate the vice chairperson from among its members: Provided, That the Prime Minister may exercise the authority of the chairperson as prescribed by Presidential Decree, where it is deemed necessary to take a government-wide integrated response. |
| (3) | Members of the Committee shall be appointed or commissioned by the Minister of Employment and Labor from among the following persons. In such cases, non-public official members of the Committee shall be not less than the portion prescribed by Presidential Decree: |
| 1. | Persons recommended by the heads of the central administrative agencies to which they belong, from among public officials who are members of the Senior Executive Service of the relevant central administrative agencies, such as the Ministry of Economy and Finance, the Ministry of the Interior and Safety, and the Ministry of Employment and Labor; |
| 2. | Persons recommended by the president of the Governors Association and the chairperson of the National Association of Mayors; |
| 3. | Persons recommended by a nationwide confederation of labor organizations and nationwide employers’ organizations; |
| 4. | Persons with extensive expertise and experience in supporting essential workers; |
| 5. | Other persons prescribed by Presidential Decree. |
| (4) | A Committee meeting shall be convened by the chairperson in the following cases: |
| 2. | Where at least 1/3 of the members present request the convocation of a meeting; |
| 3. | Where the chairperson deems necessary to convene a meeting. |
| (5) | A working committee shall be established under the Committee to efficiently deliberate on the matters specified in each subparagraph of Article 7. |
| (6) | Other matters necessary for the composition, operation, etc. of the Committee and the working committee shall be prescribed by Presidential Decree. |
| Article 9 (Local Committees) |
A City/Do Essential Work Designation and Workers Support Committee (hereinafter referred to as "City/Do Committee") may be established under the jurisdiction of the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, and a Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor") to deliberate on the following matters regarding regional support plans for essential workers and key policies, and a Si/Gun/Gu Essential Work Designation and Workers Support Committee (hereinafter referred to as "Si/Gun/Gu Committee") may be established under the jurisdiction of the head of a Si (including the head of an administrative Si under Article 11 (2) of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City; hereinafter the same shall apply)/Gun/Gu (the head of a Gu refers to the head of an autonomous Gu; hereinafter the same shall apply): | 1. | Matters regarding the scope of essential work in consideration of the type, scale, etc. of disasters that have occurred in the relevant region; |
| 2. | Matters regarding the scope of essential workers who need protection or support in the relevant region; |
| 3. | Matters regarding the formulation of support plans for essential workers in the relevant region, and evaluation of the implementation, etc. thereof; |
| 4. | Other matters submitted to a meeting by the chairperson in relation to protection and support for essential workers. |
| Article 10 (Composition and Operation of Local Committee) |
| (1) | A Mayor/Do Governor shall serve as the chairperson of a City/Do Committee, and the head of a Si/Gun/Gu shall serve as the chairperson of a Si/Gun/Gu committee. |
| (2) | The chairpersons of the City/Do Committee and the Si/Gun/Gu Committee (hereinafter referred to as "Local Committee") shall convene a meeting in any of the following cases: |
| 2. | Where at least 1/3 of the members present request the convocation of a meeting; |
| 3. | Where the chairperson deems necessary to convene a meeting. |
| (3) | Other matters necessary for the composition and operation of the Local Committee shall be prescribed by ordinance of the relevant local government. |
| Article 11 (Formulation of Support Plans for Essential Workers) |
| (1) | The Minister of Employment and Labor shall formulate a plan to protect and support essential workers (hereinafter referred to as "support plan") after deliberation by the Committee. |
| (2) | A support plan shall include the following matters: |
| 1. | Designation of essential work and essential workers; |
| 2. | Protection and support for essential workers; |
| 3. | Improvement of laws and systems for the protection and support for essential workers; |
| 4. | Financing for the protection and support for essential workers; |
| 5. | Cooperation between the State and local governments; |
| 6. | Other matters deemed necessary by the Minister of Employment and Labor to protect and support essential workers. |
| (3) | The Minister of Employment and Labor shall finalize the support plan after deliberation by the Committee, notify the heads of the relevant central administrative agencies and the heads of local governments, and submit it to the competent standing committee of the National Assembly. |
| (4) | The head of a local government shall formulate a regional support plan following deliberation by a Local Committee as prescribed by municipal ordinances, and shall submit such plan to the Minister of Employment and Labor. |
| (5) | When the Minister of Employment and Labor and the head of a local government formulates a support plan under paragraph (1) and a regional support plan under paragraph (4), they shall fully collect opinions of essential workers. |
| (6) | Other matters necessary for the formulation, etc. of support plans shall be prescribed by Presidential Decree. |
| Article 12 (Fact-finding Surveys and Evaluation) |
| (1) | The Minister of Employment and Labor shall conduct fact-finding surveys to ascertain the actual status of essential work in the event of a disaster, working conditions and treatment of essential workers, etc. as prescribed by Presidential Decree, in order to reflect them in support plans. |
| (3) | Other matters necessary for conducting fact-finding surveys and evaluation shall be prescribed by Presidential Decree. |
| Article 13 (Administrative and Financial Support) |
Where necessary to facilitate the implementation of support plans, the State may provide administrative and financial support to local governments within the budget, as prescribed by Presidential Decree.
| (1) | The Minister of Employment and Labor may grant awards, etc. to local governments, public institutions (referring to a public institution prescribed in Article 4 of the Act on the Management of Public Institutions; hereinafter the same shall apply), non-governmental organizations, etc. that have shown excellent performance in protecting and supporting essential workers as a result of evaluation under Article 12 (2). |
| (2) | The Minister of Employment and Labor may request the head of a relevant institution or organization to reflect the results of evaluation conducted under Article 12 (2) in the following evaluations: |
| Article 15 (Cooperation from Relevant Agencies) |
| (1) | Where it is necessary for the formulation and implementation of various plans and policies under this Act, fact-finding surveys and evaluation, etc., the Minister of Employment and Labor may request the heads of the relevant central administrative agencies, local governments, public institutions, relevant institutions and organizations, etc. to provide necessary data and information. |
| (2) | A person in receipt of a request for providing data and information under paragraph (1) shall provide the data and information unless there is good cause. |
| Article 16 (Delegation and Entrustment of Authority) |
| (1) | The Minister of Employment and Labor may delegate part of his or her authority under this Act to the head of a regional employment and labor office or local government, as prescribed by Presidential Decree. |
| (2) | The Minister of Employment and Labor may entrust his or her business affairs under this Act to a public institution or non-profit corporation, as prescribed by Presidential Decree. |
ADDENDA <Act No. 18182, May 18, 2021>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Municipal Ordinance on Protection and Support for Essential Workers)
The municipal ordinances on the protection and support for essential workers in force as at the time this Act enters into force shall be deemed enacted under this Act: Provided, That a local government implementing the relevant ordinance shall amend the ordinance in compliance with the purpose of this Act within one year from the enforcement date of this Act.