Basic Employment Policy Act of the Republic of Korea

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Basic Employment Policy Act of the Republic of Korea

Act No. 4643, Dec. 27, 1993
Amended by Act No. 5509, Feb. 20, 1998
Amended by Enactment of the Basic Workers Welfare Act(No. 6510, Aug. 14, 2001)
Act No. 6510, Aug. 14, 2001
Act No. 7045, Dec. 31, 2003
Act No. 7299, Dec. 31, 2004
Act No. 7831, Dec. 30, 2005
Act No. 8372, Apr. 11, 2007
Act No. 8813, Dec. 27, 2007

CHAPTER I GENERAL PROVISIONS[edit]

Article 1 (Purpose)

The purpose of this Act is to formulate and implement the employment policy comprehensively by the State and to contribute to employment security, improvement in economic and social status of workers and balanced development of the national economy and society by helping the individual nationals develop and display their abilities to the maximum and by attaining enhanced efficiency in the labor market and balance in demand and supply of manpower.

Article 2 (Basic Principle)

In employment of this Act, the State shall esteem worker’s freedom of occupation and the right to work and employer’s independence of employment management, and encourage the motives of workers who are willing to develop their abilities and support the employers so positively that the employers may take the initiatives in security of employment.

Article 2-2 (Definition)

The term "worker" in this Act means any person who is employed by an employer and who intends to seek a job : Provided, That this shall be limited to any person who is employed by an employer in the cases falling under Article 3 (2) and (3), Article 4 (1) 3 and 5, Article 6 (3), Article 13 (1), and Article 26 (1) and (2). <This Article Newly Inserted by Act No. 7831, Dec. 30, 2005> <Enforcement Date Mar. 31, 2006>

Article 3 (Duties of Worker and Employer, etc.)
(1) The worker shall choose an occupation suited to his aptitude and ability and develop the ability (hereinafter referred to as “vocational skills”) necessary for the occupation ceaselessly throughout the period of vocational life and make efforts so that he may achieve self-development through the occupation.
(2) The employer shall bring up the manpower required for his business by himself and make efforts toward development of vocational ability of the workers whom he employs and toward improvement in employment management, enhancement of employment security and promotion of employment equality of the workers so that the workers may exert their abilities to a maximum extent. <Amended by Act No. 7831, Dec. 30, 2005> <Enforcement Date Mar. 31, 2006>
(3) The trade union shall actively cooperate with the efforts of its workers for their development of vocational Skills and with the employer for his endeavors toward development of vocational Skills, improvement in employment management, enhancement of employment security and promotion of employment equality of the workers. <Amended by Act No. 7831, Dec. 30, 2005> <Enforcement Date Mar. 31, 2006>
Article 4 (Policy Implementation by the State)
(1) The State shall comprehensively formulate and implement the necessary policies on each of the following in order to accomplish the purpose under Article 1: <Amended by Act No. 7831, Dec. 30, 2005> <Enforcement Date Mar. 31, 2006>
  1. Matters concerning job placement, vocational guidance or collection and supply of employment information to support the employment to an occupation suitable to ability and aptitude of individual nationals and securing manpower necessary for the industry;
  2. Matters concerning vocational training, lecturing, technical training and technical qualification test to bring up and promote vocational Skills of the workers, and securing of the skilled manpower as required by the industry;
  3. Matters concerning employment security, such as the prevention of unemployment, promotion of employment, expansion of employment opportunities for workers, job creation by the employers, adjustments in employment and support for securing manpower; <Enforcement Date Mar. 31, 2006>
  1. Matters concerning support for workers' job transfer, interregional migration, and adaptation to their workplaces in order to prevent manpower shortages and promote the employment of those whose employment is particularly difficult under the ordinary conditions of the labor market; <Amended by Act No. 7045, Dec. 31, 2003>
  2. Matters concerning support for and promotion of workers' development and demonstration of their vocational Skills, improvement of enterprises' management of employment and enhancement of employment equality for the efficient utilization of the workers' abilities; <Enforcement Date Mar. 31, 2006>
  3. Matters concerning the establishment of or support for lodges of workers who change their residences for employment and other facilities needed to promote and secure the

employment of workers; and <Amended by Act No. 7045, Dec. 31, 2003>

  1. Other matters concerning employment insurance, security in employment and development in vocational Skills, etc.
(2) The State shall give comprehensive consideration, in the formulation and implementation of policies under paragraph (1), for the balanced development of economy and society, improvement in foundation of enterprise management and such policies for balanced development of the national land, shall attain extension of opportunities for employment, redressing of imbalance among the regions and favorable treatment of small & medium enterprises and make efforts to remedy the employment practice that is a barrier for workers to display their ability such as discriminatory employment practices. <Amended by Act No. 7831, Dec. 30, 2005> <Enforcement Date Mar. 31, 2006>
(3) Local governments shall, in accordance with the state policies established under paragraph (1), work to come up with policies concerning the promotion and security of employment for the workers, taking into account the characteristics of the local labor market. <Newly Inserted by Act No. 7831, Dec. 30, 2005> <Enforcement Date Mar. 31, 2006>
(4) The State may provide necessary support to a local government which establishes and implements policies under paragraph (3) or any person who carries out a project to promote employment of workers in accordance with the state policies established under paragraph (1). <Newly Inserted by Act No. 7831, Dec. 30, 2005> <Enforcement Date Mar. 31, 2006>
Article 5 (Formulation and Implementation of the Basic Plan for Employment Policy)
(1) The Minister of Labor shall, in consultation with chief of the central administrative agency concerned, formulate and implement mid and long-term basic programs (hereinafter referred to as “basic plan”) for the employment policies.
(2) Each of the following shall be included in the basic plan:
  1. Matters concerning trends of economic, industrial, educational or population policy which have impact on demand and supply of manpower;
  2. Matters concerning employment trends and prospect on emand and supply of manpower;
  3. Matters to be fundamental to each policy under paragraph (1) of Article 4; and
  4. Other matters concerning major policies relating to the employment.
(3) The Minister of Labor shall, when the basic plan is formulated under paragraph (1), report it to the State Council and announce to the public.
(4) The Minister of Labor may, if necessary, request for submission of required data in formulation of the basic plan to the chief of administrative agency concerned.
Article 6 (Employment Policy Council)
(1) In order to deliberate and coordinate major matters concerning employment, the Employment Policy Council(hereinafter referred to as “Policy Council”) shall be assigned to the Ministry of Labor and the Local Employment Policy Council in the Special City of Seoul, direct control cities, provinces, and Jeju Special Self-governing Province.
(2) The Policy Council shall deliberate and coordinate each of the following matters:
  1. Matters concerning major policies among those policies under Article 4 thereof and matters on establishment of the basic plan under Article 5;
  2. Matters concerning employment stabilization, vocational Skills development, establishment and coordination of major policies relevant to employment insurance and on

coordination of the other major policies concerned;

  1. Matters concerning employment and unemployment measures subject to changes in mechanism of manpower supply and industrial structure; and
  2. Other matters as provided by the Presidential Decree.
(3) The Policy Council shall be consisted of thirty or less members including a chairman and chaired by the Minister of Labor, and the persons who represent workers and employers, those who have plenty of knowledge and experience in the employment problem and commissioned by the Minister of Labor and the Vice Ministers of the relevant central administrative ministries shall be the committee members as provided by the Presidential Decree.
(4) The technical committees by fields may be formed in the Policy Council in order to efficiently operate the Council and to more professionally deliberate the matters to be dealt with by the members.
(5) The technical committees will deliberate and resolve on the matters delegated by the Policy Council as provided by the Presidential Decree.
(6) The organization, functions, operation and other necessary matters for the Policy Council, the Local Employment Council and the technical committees shall be provided by the Presidential Decree.
Article 7 (Employment Security Agency)

The State shall, through the efficient implementation of the employment related laws including this Act, establish and operate the employment security agency by each region in order to promote employment of workers and facilitate securing manpower for employers.

CHAPTER II Collecting and Providing Employment Information, etc.[edit]

Article 8 (Collecting and Providing Employment Information)
(1) The Minister of Labor shall collect and rearrange the employment trends, information about occupation and employment (hereinafter referred to as “employment information”) that may give assistance to prompt and better match of job offer and search.
(2) The Minister of Labor shall cause to make the collection, rearrangement or distribution of the employment information prompted and efficiently realized and the information used broadly by job seekers and job offerers, vocational training institute, educational institute and those who need the employment information.
(3) The Minister of Labor shall establish and operate information and communication network concerning employment such as employment security network and employment insurance network in order to perform the business under paragraph (1) and (2) efficiently. <Newly Inserted by Act No. 7831, Dec. 30, 2005> <Enforcement Date Mar. 31, 2006>
Article 9 (Survey and Study on Occupation)
(1) The Minister of Labor shall make survey and study on vocational status, analysis of trends thereto, vocational guidance, job analysis and the basic matters concerning occupation.
(2) The Minister of Labor shall prepare list of standard occupation, editing of occupational dictionary and collect and rearrange other information for the occupation utilizing the outcome of survey and study under paragraph (1)
(3) The provision of Article 8 (2) concerning the collection, etc. of employment information shall apply mutatis mutandis applicable to research, study, collection and rearrangement under the provisions of paragraph (1) and (2).
Article 10 (Drawing up of Demand and Supply Trends on Manpower)
(1) The Minister of Labor shall annually prepare and publicize the work of “Demand and Supply Trends and Prospect for Manpower” containing the economic and industrial trends and prospect which have impact upon demand and supply of the manpower.
(2) The Minister of Labor may, if recognized as necessary to prepare “Demand and Supply Trends and Prospect for Manpower” under paragraph (1), request for providing necessary data to the organizations in the following subparagraphs:
  1. Related administrative agency;
  2. Educational and research institute;
  3. Employers or their organization;
  4. Trade union; and
  5. Other agencies concerned
(3) The person who is required to provide the data under paragraph (2) shall respond thereto unless there is any special reason.

CHAPTER III Development, etc. of Vocational Skills[edit]

Article 11 (Establishment of System for Vocational Skills Development)
(1) The State shall establish and implement necessary policies in the following subparagraphs in order to amply devote to the development of vocational Skills:
  1. Streamlining of vocational skills development training facilities
  2. Research and development in contents and method of vocational skills development training; and
  3. Cultivation, securing and improving the competence of vocational skills development training instructors
(2) The State shall cause the workers to have acquired vocational skills necessary for the industries by making training under the following subparagraphs closely and mutually inter-related:
  1. Education and research conducted by educational and research institutes
  2. Vocational skills development training conducted by public vocational training institutes; and
  3. Vocational skills development training conducted by employers, individuals or any other entity. <Newly Inserted by Act No. 7831, Dec. 30, 2005> <Enforcement Date Mar. 31, 2006>
(3) The matters required for vocational Skills development under paragraph (1) shall be determined by the law.
Article 12 (Vocational Guidance for Students, etc.)

The State shall support the students, etc., of all levels of schools under the Elementary and Secondary Education Act and the Higher Education Act in choosing their future occupation, provide them with information on occupations in order to facilitate their employment in occupations appropriate for each individual's aptitude and abilities, give them opportunities to receive vocational guidance, such as vocational aptitude test, and give them other necessary support. <Amended by Act No. 7045, Dec. 31, 2003 and Act No. 7831, Dec. 30, 2005> <Enforcement Date Mar. 31, 2006>

Article 13 (Support of Vocational Skills Development, etc.)
(1) The employer shall conduct necessary vocational training for the hired workers and make endeavors for workers to undergo vocational and other trainings as required.
(2) The Minister of Labor shall render necessary support such as providing information on development of vocational Skills and counselling to the workers and employers.
Article 14 (Improvement in Evaluation System of Vocational Skills)
(1) The State shall set forth a standard for appraisal of vocational SKills and establish examination system on expertise, technique and skill of the workers, and expand and disseminate thereof in cooperation with trade unions, employers associations and other persons concerned.
(2) Matters required of the examination system under paragraph (1) shall be determined by the law.

CHAPTER IV Support of Employment Promotion for Workers, etc.[edit]

Article 15 (Guidance for Job Seekers)
(1) An employment security agency shall provide support for job seekers to choose a job suitable for their aptitude, abilities, experiences or skills by providing them with employment information on the job offered, such as working conditions including types of jobs and wages, location of employment, required skills and other details of the job offered. <Amended by Act No. 7045, Dec. 31, 2003>
(2) The employment security agency shall provide such necessary supports as to provide the job seeker with an information of opportunity for vocational Skills development and as to introduce the relevant vocational training institute or the like so that the job seeker may receive vocational training or other education suitable to his skill or learning level.
Article 16 (Support for Employment Promotion for the Aged, etc.)
(1) For the purpose of promoting the employment of those of the following subparagraphs (hereinafter referred to as "the aged, etc."), the State shall develop types of occupations suitable for their employment, expand opportunities for vocational skills development, provide employment information and take other necessary measures:
  1. The aged;
  2. The disabled;
  3. The long-term unemployed;
  4. Persons eligible for assistance under the National Basic Livelihood Security Act; and
  5. Other persons whose employment is particularly difficult under the ordinary conditions of the labor market
(2) The State shall provide necessary support for employers and relevant persons, such as by providing them with related materials, in order to expand employment opportunities for the aged, etc., and to promote the improvement of working environments and jobs. <Amended by Act No. 7045, Dec. 31, 2003>
(3) Matters necessary for employment promotion of the aged and the handicapped under paragraph (1) shall be determined by the law.
Article 17 (Support of Employment Promotion for Women)
(1) The State shall endeavor for expansion of job opportunity for women through development and improvement of vocational Skills and reinforcement of welfare facility with a view to securing equal opportunity and treatment for men and women and facilitating easier adjustment to the occupation in the employment.
(2) The necessary matters concerning equal employment of men and women and expansion of job opportunity for women under paragraph (1) shall be determined by the law.
Article 18 (Support of Youths Employment Promotion)

The State shall provide the youth with employment information of such vocational guidance as job counselling, job aptitude test, etc. and opportunities for vocational training so that they may choose jobs suitable to their aptitude and ability and with support so as to develop and improve their vocational Skills persistently.

Article 18-2 (Support for Employment Security of Daily Workers, etc.)

In order to ensure the employment security of daily workers, dispatched workers, etc., the State shall provide them with employment information suitable for their type of employment, and vocational counseling, expand opportunities for vocational Skills development, and take other necessary measures. <This Article Newly Inserted by Act No. 7045, Dec. 31, 2003>

Article 18-3 (Support for Creation of Social Service Jobs)

The State may provide necessary support to a non-profit corporation or non-profit organization which creates jobs in public service areas like health, social welfare and education which are publicly necessary but are not provided enough in the market due to profitability, etc. <Newly Inserted by Act No. 7831, Dec. 30, 2005> <Enforcement Date Mar. 31, 2006>

Article 19 (Guarantee of Equal Opportunity in Employment)
(1) In recruiting and hiring workers, an employer shall not discriminate on the grounds of gender, religion, age, social status, birthplace, alma mater, marriage, pregnancy, medical history, etc. (hereinafter referred to as "gender, etc.") without good reason and shall guarantee them equal opportunities in employment. <Amended by Act No.7299, Dec. 31, 2004 and Act No. 7831, Dec. 30, 2005> <Enforcement Date Mar. 31, 2006>
(2) A person who provides employment support services such as job placement, vocational guidance, or provision of employment information, shall nor discriminate against a job seeker on grounds of gender, etc. without any rational reason. <Newly Inserted by Act No. 7831, Dec. 30, 2005> <Enforcement Date Mar. 31, 2006>
(3) A person who conducts vocational Skills development training, in subscribing trainees, conducting training, providing employment support, etc., shall not discriminate against a trainee on grounds of gender, etc. without any rational reason. <Newly Inserted by Act No. 7831, Dec. 30, 2005> <Enforcement Date Mar. 31, 2006>
Article 20 (Implementation of Employment Promotion Training)
(1) The State and local governments may conduct employment promotion training in order to facilitate and promote the employment of the unemployed, persons eligible for assistance under the National Basic Livelihood Security Act, youths not enrolled in a school or low-income farmers and fishermen. <Amended by Act No. 7045, Dec. 31, 2003 and Act No. 7831, Dec. 30, 2005> <Enforcement Date Mar. 31, 2006>
(2) The necessary matters on the eligibility, share of expenses and others for the employment promotion training under paragraph (1) shall be determined by the Presidential Decree.
Article 21 (Establishment and Operation of Employment Promotion Facility)
(1) The State and local governments may establish and operate each of the following facilities to promote the smooth mobility and employment of workers: <Amended by Act No. 7045, Dec. 31, 2003 and Act No. 7831, Dec. 30, 2005> <Enforcement Date Mar. 31, 2006>
  1. Lodging and boarding facilities for moving workers;
  2. Cultural, athletic or recreational facilities for workers;
  3. Facilities for employment promotion of the aged, the disabled, females and the youths; and <Enforcement Date Mar. 31, 2006>
  4. Other employment promotion facilities as set forth by the Presidential Decree.
(2) The State may entrust the establishment and operation of the facilities under paragraph (1) to public organizations or non-profit corporations under the conditions as prescribed by the Presidential Decree. <Amended by Act No. 7045, Dec. 31, 2003 and Act No. 7831, Dec. 30, 2005> <Enforcement Date Mar. 31, 2006>

CHAPTER V Support of Employer in Securing Manpower[edit]

Article 22 (Support for Job Provider)
(1) The employment security agency shall render support to job provider by providing employment information in respect to specific job search information as to working conditions so that the job provider may hire workers suitable to work or duties

concerned.

(2) The employment security agency may, if recognized as necessary for balanced demand and supply of manpower, provide the job provider with employment information and with such guidance service as counselling and advising, etc., concerning the time of job offer, number of persons or place of work and forms of job offer.
Article 23 (Support of Employment Management for Business)
(1) The heads of employment security agency and the public vocational training institute shall, when requested by employer, workers’ representative or trade union to support for such employment managerial practice as recruitment, hiring or assignment, development of vocational Skills, promotion and wage system, etc., for workers, provide necessary supports in counselling and guidance, etc., using the employment information. <Amended by Act No. 7831, Dec. 30, 2005> <Enforcement Date Mar. 31, 2006>
(2) The Minister of Labor shall, in order to support efficient internal operation of the enterprises from labor market, make research or study of such employment managerial status of the enterises persistently and collect and analyze relevant data and information.
Article 24 (Establishment and Implementation of Support Plan for Securing Manpower by Small and Medium Enterprises)
(1) The Minister of Labor may, in order to support securing of manpower by small and medium enterprises, establish and implement plans to improve working environment, to expand welfare facility and to help other area of employment management (hereinafter referred to as “support plan for securing manpower by small and medium enterprises”).
(2) The Minister of Labor shall, when establishes the support plan for securing manpower by the small and medium enterprises, consult in advance with the chief of central administrative agency concerned.
(3) The matters required for establishment and enforcement of the support plan for securing manpower by small and medium enterprises shall be provided by the Presidential Decree.
Article 25 (Support of Securing Manpower for Small and Medium Enterprises)

The State and local governments shall provide necessary support for smooth implementation of the support programs in securing manpower for small and medium enterprises.

CHAPTER VI Measures for Support of Coordination and Security of Employment[edit]

Article 26 (Support, etc. for Employment Adjustment by Employers)
(1) The government may take necessary support measures under the following subparagraphs for employers in occupational categories and regions where employment situations have worsened drastically due to changes in economic conditions, etc. at home and abroad:
  1. To support employment adjustment by the employers;
  2. To prevent the unemployment of workers;
  3. To promote the reemployment of the unemployed; and
  4. To secure employment and the livelihood of the unemployed
(2) The Minister of Labor may take necessary measures to ensure that vocational training is promptly and effectively conducted in cooperation with relevant administrative agency and employers' organizations, in order to facilitate the stabilization of employment of workers and the reemployment of the unemployed in accordance with paragraph (1). <Amended by Act No. 7045, Dec. 31, 2003>

(3) The necessary matters for support measures under Paragraph (1) shall be determined by the Presidential Decree.

Article 27 (Report of Mass Changes in Employment, etc.)
(1) In case the large changes in employment arise corresponding to the criteria as set forth by the Presidential Decree due to automation, construction or expansion of production facility or contraction and adjustment of business scale, the employer shall report the changes of employment to the employment security agency : Provided that this shall not apply, in case the report prescribed in Article 24 (4) of the Labor Standards Act is made. <Amended by Act No. 7045, Dec. 31, 2003, Act No. 7831, Dec. 30, 2005 and Act No. 8372, Apr. 11, 2007>
(2) The employment security agency shall, when such a report under paragraph (1) is received, work on cultivating the better match of job offer and search, expanding job placement and conducting vocational training by the public vocational training institute, and take necessary actions for the promotion of reemployment of the unemployed or for securing manpower in the business concerned. <Amended by Act No. 7045, Dec. 31, 2003>
Article 28 (Implementation of Unemployment Measures)

(1) The Minister of Labor may, upon survey of unemployment situation by industrial category and regions, when a large number of unemployment have taken place or likely to be or if recognized as necessary to contrive such employment stabilization as to promoting employment of the unemployed, implement the activities for measures against unemployment(hereinafter referred to as unemployment measures activities   ) including each of the following in consultation with the chiefs of central administrative agencies concerned: <Amended by Act No. 7831, Dec. 30, 2005> <Enforcement Date Mar. 31, 2006>

  1. Conducting and supporting employment promotion training for the unemployed ;
  2. Providing the unemployed with support for living costs, rehabilitation funds, social insurance premiums, such as the insurance premiums under the National Health Insurance Act, medical costs(including medical costs of family members), school expenses(including school expenses of children), deposit money for the lease of a house, the lease of a shop for business start-up, etc.; <Enforcement Date Mar. 31, 2006>
  3. Providing support for a person who conducts programs to prevent unemployment, and to promote the employment of the unemployed, such as job creation, and other programs for employment security; <Enforcement Date Mar. 31, 2006>
  4. Providing loans for an employer who implements activities relating to employment promotion;
  5. Implementing public works programs for the unemployed; and <Amended by Act No. 7045, Dec. 31, 2003>
  6. Other activities necessary to reduce unemployment.
(2) The Minister of Labor may entrust, as determined by the Presidential Decree, some parts of the unemployment measures activities to the Labor Welfare Corporation(hereinafter referred to as “Corporation”) under the Industrial Accident Compensation Insurance Act. <Amended by Act No. 7831, Dec. 30, 2005> <Enforcement Date Mar. 31, 2006>
(3) In applying the provisions of paragraph (1) and (2), the unpaid person who is out of workforce temporarily, as defined by the Presidential Decree, is considered to be unemployed.
(4) Matters necessary for the unemployment measures activities shall be prescribed by the Presidential Decree.
Article 28-2 (Financing of Funds for Unemployment Measures)
(1) In case where the Corporation is delegated and implements the unemployment measures activities as provided by the provisions of paragraph (2) of Article 28, the fund required in implementing the program concerned shall be financed through methods as described in the following subparagraphs:
  1. Contributions or assistance from the Government or a non-government parties;
  2. Borrowing of fund made as provided by the provision of Article 28 3;
  3. Bond issuance as provided by the provision of Article 28 4; and
  4. Other revenues.
(2) The Corporation shall manage and operate the funds obtained under paragraph (1) as financial resources of the Workers Welfare Promotion Fund as prescribed by Article 47 of the Basic Workers Welfare Act. <Amended by Enactment of the Basic Workers Welfare Act(No. 6510, Aug. 14, 2001), Act No. 7831, Dec. 30, 2005> <Enforcement Date Mar. 31, 2006> <This Article Newly Inserted by Act No. 5509, Feb. 20, 1998>
Article 28-3 (Borrowing of Fund)

The Corporation may, if necessary, borrow the funds(including borrowing from international organizations, foreign governments and foreigners) after obtaining the approval of the Minister of Labor, in order to implement the unemployment measures activities delegated as provided by the provisions of Article 28 2. <This Article Newly Inserted by Act No. 5509, Feb. 20, 1998>

Article 28-4 Deleted <by Act No. 8813, Dec. 27, 2007>
Article 29 (Cooperation with the Agencies Concerned)
(1) The Minister of Labor may request the chief of central administrative agency concerned or local government for required cooperation on undertaking or suspension of project or hiring workers when recognized as necessary to attain employment security or adjustment in demand and supply of manpower.
(2) The chief of central administrative agency or local autonomy entity shall respond to the request for cooperation under paragraph (1).

CHAPTER VII Supplementary Provisions[edit]

Article 30 (Report and Inspection)
(1) When it is deemed necessary concerning collection and provision of employment information, support for employment management and employment adjustments. etc., the Minister of Labor may have the employer and the person who receives or intends to receive support under this Act make reports on necessary matters for reviewing the status of employment management, usage of subsidy, qualifications of support, etc., under the conditions as determined by the Presidential Decree. <Amended by Act No. 7831, Dec. 30, 2005> <Enforcement Date Mar. 31, 2006>
(2) When it is deemed necessary for such matters as determined illegally concerning the support for employment management and employment adjustments, the Minister of Labor may have related public officials enter the place of business or workshops of the employer to question the relevant persons or inspect documents. <Amended by Act No. 7831, Dec.

30, 2005> <Enforcement Date Mar. 31, 2006>

(3) When intending to conduct inspection under paragraph (2), the Minister of Labor shall notify in advance a related employer of necessary matters for the inspection such as date and details of the inspection : Provided, That this shall not apply when it is urgent or when it is deemed the objectives may not be achieved by prior notice. <Amended by Act No. 7831,

Dec. 30, 2005> <Enforcement Date Mar. 31, 2006>

(4) The related government official who conducts inspection under paragraph (2) shall carry a certificate indicating his status and present it to the person concerned.
(5) When having conducted inspection under paragraph (2) through (4), the Minister of Labor shall notify in writing the related employer of the inspection outcome. <Amended by Act No. 7831, Dec. 30, 2005> <Enforcement Date Mar. 31, 2006>
Article 31 (Entrustment of Authority)

Part of the powers of the Minister of Labor under this Act may be delegated to Special Metropolitan City Mayor, other Metropolitan City Mayors, ‘’Do’’ governors or the heads of employment security offices under the conditions as determined by the Presidential Decree. <Amended by Act No. 5454, Dec. 13, 1997>

Article 32 (Delegation)

The Minister of Labor may delegate part of business on the collection, provision, etc. of employment information, etc. under Article 8 through 10 to the Korea Employment Information Service under Article 33.

Article 33 (Establishment of Korea Employment Information Service)
(1) The Korea Employment Information Service shall be established to efficiently carry out the businesses delegated under Article 32 such as collection and provision of employment

information, research and study on jobs, and other business concerning employment support.

(2) The Korea Employment Information Service shall be a legal person.
(3) The Korea Employment Information Service may have branch offices upon approval by the Minister of Labor.
(4) Businesses of the Korea Employment Information Service shall be as follows:
  1. Businesses delegated by the Minister of Labor under Article 32;
  2. Study, development, distribution of techniques concerning vocational guidance, vocational aptitude test and vocational counselling;
  3. Evaluation and support for employment support service;
  4. International cooperation and other incidental business concerning businesses under subparagraphs 1 through 3; and
  5. Other businesses delegated by the Minister of Labor, the head of another central administrative agency or a local government.
(5) The government may contribute expenses necessary for the establishment and operation of the Korea Employment Information Service within the scope of the budget.
(6) The provisions concerning an incorporated foundation under the Civil Act shall apply mutatis mutandis to the Korea Employment Information Service except for matters provided for in this Act.
(7) The Korea Employment Information Service may request national institutions, local governments and public institutions including educational and research institutes to provide

information needed for its business.

(8) In applying Articles 129 through 132 of the Criminal Act, the officers and employees of the Korea Employment Information Service shall be regarded as public officials.
(9) Present and former officers abd employees of the Korea Employment Information Service shall not disclose secrets acquired in the course of performing their duties, or use them for other purposes.
(10) The Minister of Labor may guide and supervise the Korea Employment Information Service, make the Korea Employment Information Service report necessary matters concerning its business, accounting and property, or have related public officials enter the Korea Employment Information Service to inspect books, document and other items.
(11) The articles of incorporation, registration of incorporation, board of directors and officers, accounting, business cooperation with related agencies and other necessary matters for establishing and operating the Korea Employment Information Service shall be prescribed by the Presidential Decree. <This Article Newly Inserted by Act No. 7831, Dec. 30, 2005> <Enforcement Date Mar. 31, 2006>
Article 34 (Penal Provisions)

A person who violates the provisions of Article 33(9) shall be punished by imprisonment for not more than 3 year or a fine not exceeding 10 million won. <This Article Newly Inserted by Act No. 7831, Dec. 30, 2005> <Enforcement Date Mar. 31, 2006>

Article 35 (Fine for Negligence)
(1) Any person who falls under any of the following shall be punished by a surcharge not exceeding three million won :
  1. A person who fails to make a report, or who has made a false report in contravention of Article 27 (1);
  2. A person who fails to make a report, or who has made a false report in contravention of Article 30 (1); or
  3. A person who refuses, obstructs or evades to answer or made a false answer to the question under Article 30 (2), or who has refused, obstructed or evaded the inspection

under the same paragraph and Article hereof.

(2) The fine for negligence under paragraph (1) shall be imposed and collected by the Minister of Labor as provided by Presidential Decree.
(3) Any person who is dissatisfied with a disposition of the fine for negligence under paragraph (2) may raise an objection against the Minister of Labor within thirty days from the date he has received the notice of disposition.
(4) If a person who is subject to a disposition of the fine for negligence under paragraph (2), raises an objection under Paragraph (3), the Minister of Labor shall notify it without delay to the competent court, which shall, upon receiving the notification, bring the case of fine for negligence to a trial under the Procedure in Non-Contentious Cases Court. <Amended by

Act No. 7831, Dec. 30, 2005> <Enforcement Date Mar. 31, 2006>

(5) If no objection is made or no fine for negligence is paid in the period as referred to in paragraph (3), it shall be collected according to the example of the disposition of the national taxes in arrears. <Amended by Act No. 7831, Dec. 30, 2005> <Enforcement Date

Mar. 31, 2006>

Addendum <Act No. 8372, Apr. 11, 2007>[edit]

Article 1 (Enforcement Date)

This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)

Articles 2 through 15 Omitted.
Articles 16 (Revision of Other Laws)
(1) through (3) Omitted.
(4) Parts of the Basic Employment Policy Act shall be revised as follows :

"Article 31(4)" in the proviso of Article 27(1) shall be changed to "Article 24(4)."

(5) through (24) Omitted.
Article 17 Omitted

Addendum <Act No. 8813, Dec. 27, 2007>[edit]

This Act shall enter into force on the date of its promulgation.

Notes[edit]


Source[edit]

  • Ministry of Government Legislation

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