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ENFORCEMENT DECREE OF THE ACT ON DESIGNATION OF ESSENTIAL WORK AND PROTECTION AND SUPPORT FOR ESSENTIAL WORKERS

Presidential Decree No. 32129, Nov. 19, 2021

 Article 1 (Purpose)
The purpose of this Decree is to prescribe matters mandated by the Act on Designation of Essential Work and Protection and Support for Essential Workers and those necessary for the enforcement thereof.
 Article 2 (Composition of Committee)
(1) The Prime Minister may exercise the authority vested under Article 8 (4) of the Act and Article 3 (1) and Article 5 (2) of this Decree, which is exercised by the chairperson of the Essential Work Designation and Workers Support Committee (hereinafter referred to as "chairperson") prescribed in Article 6 of the Act (hereinafter referred to as the "Support Committee") pursuant to the proviso of Article 8 (2) of the Act on Designation of Essential Work and Protection and Support for Essential Workers (hereinafter referred to as the “Act”).
(2) Where the Prime Minister convenes a meeting pursuant to the proviso of Article 8 (2) of the Act and paragraph (1) of this Article, he or she may require the following persons to attend the meeting on behalf of the Committee members appointed or commissioned, from among the persons prescribed in Article 8 (3) 1 through 3 of the Act:
1. The Minister of Economy and Finance, the Minister of the Interior and Safety, the Minister of Health and Welfare, the Minister of Environment, the Minister of Employment and Labor, the Minister of Land, Infrastructure and Transport, and the heads of the relevant central administrative agencies referred to in paragraph (4) 2;
2. The president of the Governors Association and the chairperson of the National Association of Mayors;
3. The heads of nationwide confederations of labor organizations and nationwide employers’ organizations.
(3) "Portion prescribed by Presidential Decree" in the latter part, with the exception of the subparagraphs, of Article 8 (3) of the Act means 40/100.
(4) Persons falling under Article 8 (3) 1 of the Act shall be those recommended by the head of a central administrative agency to which they belong, from among public officials who are members of the Senior Executive Service of the following relevant central administrative agencies:
1. The Ministry of Economy and Finance, the Ministry of the Interior and Safety, the Ministry of Health and Welfare, the Ministry of Environment, the Ministry of Employment and Labor, and the Ministry of Land, Infrastructure and Transport;
2. Other relevant central administrative agencies deemed by the Minister of Employment and Labor as necessary for the efficient deliberation on the agenda items.
 Article 3 (Chairperson’s Duties)
(1) The chairperson shall represent the Support Committee and exercise general supervision over its affairs.
(2) The vice chairperson shall assist the chairperson and act on behalf of the chairperson where the chairperson is unable to perform his or her duties due to any unavoidable reason.
 Article 4 (Term of Committee Members)
The term of office of non-public official members of the Committee referred to in Article 8 (3) of the Act shall be three years: Provided, That the term of office of the member who is newly commissioned following the resignation, etc. of a member shall be the remainder of the predecessor’s term of office.
 Article 5 (Meetings)
(1) A majority of the members of the Support Committee shall constitute a quorum, and any decision thereof shall require the concurring vote of a majority of those present.
(2) If deemed necessary in relation to an agenda item at a meeting, the chairperson may require the relevant public officials, civilian experts, etc. to attend the meeting to hear their opinions, or may request the relevant administrative agencies, public organizations, and other institutions and organizations, etc. to submit data and state their opinions.
 Article 6 (Administrative Secretary)
(1) The Support Committee shall have one administrative secretary, who shall be designated by the chairperson from among the public officials of the Ministry of Employment and Labor.
(2) The administrative secretary shall take charge of the administrative affairs of the Support Committee as directed by the chairperson, and may attend and speak at a meeting of the Support Committee.
 Article 7 (Composition and Operation of Working Committee)
(1) The working committee prescribed in Article 8 (5) of the Act (hereinafter referred to as “working committee”) shall consist of not more than 30 members including one chairperson of the working committee (hereinafter referred to as “chairperson of the working committee”).
(2) The working committee shall deliberate on the following matters:
1. Matters requiring consultation and coordination on agenda items of the Support Committee;
2. Matters on which the Support Committee requested the working committee to deliberate;
3. Other matters submitted to a meeting by the chairperson of the working committee.
(3) The chairperson of the working committee shall be designated by the chairperson of the Support Committee, from among public officials who are members of the Senior Executive Service of the Ministry of Employment and Labor, who are in charge of the affairs of protecting and supporting essential workers.
(4) The members of the working committee shall be appointed or commissioned by the Minister of Employment and Labor from among the following persons:
1. Public officials recommended by the heads of the relevant central administrative agencies to which they belong referred to in the subparagraphs of Article 2 (4), from among public officials at a director-level position in charge of the protection of and support for essential workers;
2. Persons recommended by the president of the Governors Association and the chairperson of the National Association of Mayors;
3. Persons recommended by the heads of nationwide confederations of labor organizations and nationwide employers’ organizations;
4. Persons with extensive knowledge of and experience in the protection and support for essential workers.
(5) Meetings of the working committee shall be convened by the chairperson of the working committee, where he or she deems it necessary.
 Article 8 (Dismissal or Decommission of Committee Members)
The Minister of Employment and Labor may dismiss or decommission a member of the Support Committee or the working committee, if the member falls under any of the following cases:
1. Where the member becomes incapable of performing his or her duties due to a mental or physical disability;
2. Where the member engages in misconduct in connection with his or her duties;
3. Where the member is deemed unsuitable for the position due to neglect of duties, injury to dignity, or any other reasons;
4. Where the member voluntarily admits that it is impracticable to perform his or her duties as a member.
 Article 9 (Allowances)
The Minister of Employment and Labor may pay allowances, traveling expenses, and other necessary expenses within the budget to the committee members, etc. who attend the meetings of the Support Committee or the working committee or who state their opinions on the agenda items of such meetings: Provided, That the same shall not apply where a member who is a public official attends the meetings or states his or her opinion on the agenda items of such meetings in direct relation to the affairs under his or her jurisdiction.
 Article 10 (Detailed Guidelines for Operation)
Except as provided in this Decree, matters necessary for the composition and operation of the Support Committee and the working committee shall be determined by the chairperson of the Support Committee following deliberation by the Support Committee.
 Article 11 (Fact-Finding Surveys)
(1) A fact-finding survey referred to in Article 12 (1) of the Act (hereinafter referred to as “fact-finding survey”) shall include the following matters:
1. Current status of the occurrence of disasters, including the type and scale of disasters;
2. Current status of the affairs necessary to protect citizens' lives and bodies and to maintain social functions in the event of a disaster;
3. Matters regarding the scope of persons engaging in the affairs referred to in subparagraph 2 and their working conditions and treatment;
4. Current status of the implementation of relevant laws, systems, and policies to protect and support persons engaging in the affairs prescribed in subparagraph 2;
5. Other matters necessary for the formulation and implementation of plans to protect and support essential workers under Article 11 (1) of the Act (hereinafter referred to as "support plan").
(2) The Minister of Employment and Labor shall conduct a fact-finding survey every year.
(3) If necessary to efficiently conduct a fact-finding survey, the Minister of Employment and Labor may request a research institute, corporation, or organization with expertise in the field of disasters and employment and labor to conduct the fact-finding survey.
 Article 12 (Evaluation of Support Plans and Implementation Thereof)
(1) The category for the evaluation of support plans, implementation thereof, etc. under Article 12 (2) of the Act (hereinafter referred to as “evaluation of implementation”) shall be as follows:
1. Appropriateness of support plans and tasks to be implemented by field;
2. Performance records of implementation of support plans and tasks to be implemented by field;
3. Performance records of education and public relations for support plans and tasks to be implemented by field;
3. Other matters deemed by the Minister of Employment and Labor as necessary to protect and support essential workers.
(2) Where a support plan is formulated pursuant to Article 11 of the Act, the Minister of Employment and Labor shall prepare the guidelines for evaluation of implementation, including evaluation procedures and evaluation index, and notify the heads of the relevant central administrative agencies and the heads of local governments of the guidelines.
(3) Where a disaster situation is terminated, the heads of the relevant central administrative agencies and the heads of local governments upon receipt of the guidelines for evaluation of implementation notified under paragraph (2) shall prepare the performance records, etc. in accordance with the guidelines for evaluation of implementation and submit them to the Minister of Employment and Labor.
(4) The Minister of Employment and Labor may request universities, colleges, research institutes, non-profit corporations or organizations, etc. with expertise to conduct the evaluation of implementation.
 Article 13 (Administrative and Financial Support)
If deemed necessary to facilitate the implementation of support plans under Article 13 of the Act and regional support plans under Article 11 (4) of the Act, the State may provide the relevant local governments with necessary administrative and financial support within the budget.
ADDENDUM <Presidential Decree No. 32129, Nov. 19, 2021>
This Decree shall enter into force on November 19, 2021.