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ENFORCEMENT DECREE OF THE ACT ON THE PROTECTION, ETC. OF FIXED-TERM AND PART-TIME EMPLOYEES

ENFORCEMENT DECREE OF THE ACT ON THE PROTECTION, ETC. OF FIXED-TERM AND PART-TIME EMPLOYEES

Presidential Decree No. 20093, Jun. 18, 2007

Article 1 (Purpose)

The purpose of this Decree is to prescribe matters delegated by the Act on the Protection, etc. of Fixed-term and Part-time Employees and those necessary for the enforcement thereof. Article 2 (Scope of Application)

Pursuant to Article 3 (2) of the Act on the Protection, etc. of Fixed-term and Part-time Employees (hereinafter referred to as the "Act"), provisions applicable to businesses or workplaces employing four or fewer workers are specified in the attached Table 1.

Article 3 (Exceptions to Limit on Employment Period of Fixed-term Employees)

(1) The "cases in which a job requires professional knowledge and skills as prescribed by the Presidential Decree" in Article 4 (1) 5 of the Act refer to those falling under any of the following subparagraphs:

1. In cases where a person, who holds a doctoral degree (including those obtained in a foreign country), is engaged in the relevant field;

2. In cases where a person, who holds a national technical qualification of a technician level pursuant to Article 9 (1) 1 of the National Technical Qualifications Act, is engaged in the relevant field; or

3. In cases where a person, who holds a professional qualification specified in the attached Table 2, is engaged in the relevant field.

(2) The "cases in which a job is offered as part of the government's welfare or unemployment measures as prescribed by the Presidential Decree" in Article 4 (1) 5 of the Act refer to those falling under any of the following subparagraphs:

1. In cases where jobs are provided to develop the public's vocational competency, promote employment and offer necessary social services in accordance with other laws such as the Basic Employment Policy Act and the

Employment Insurance Act;

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2. In cases where jobs are provided to promote the employment of discharged soldiers and stabilize their livelihoods pursuant to Article 3 of the Support for Discharged Soldiers Act; or

3. In cases where welfare assistance staff, such as patriot and veteran helpers, are in service to improve the welfare of national meritorious persons and stabilize their livelihoods pursuant to Article 19 (2) of the Basic Act on the National Merit Reward.

(3) The "cases in which there is a rational reason corresponding to subparagraphs 1 through 5 and prescribed by the Presidential Decree" in Article 4 (1) 6 of the Act refers to those falling under any of the following subparagraphs:

1. In cases where a separate law defines the employment period of fixed-term workers differently from Article 4 (1) of the Act or allows the conclusion of employment contracts in which the employment period of fixed-term workers is separately defined;

2. In cases where a person who has professional military knowledge or skills recognized by the Minister of Defense is engaged in the relevant field or where a person teaches national security and military science in a university pursuant to subparagraph 1 of Article 2 of the Higher Education Act;

3. In cases where a person, who has exceptional experience, is engaged in a field related to national security, national defense, diplomacy or unification;

4. In cases where a person is engaged in assistant teaching pursuant to Article 14 of the Higher Education Act;

5. In cases where the earned income (referring to the average annual earned income of the past two years) under Article 20 (1) of the Income Tax Act, of a person engaged in an occupation falling under category 0 and 1 of the Korean Standard Classification of Occupations announced pursuant to Article 22 of the Statistics Act falls within the highest 25% of the earned income of persons engaged in an occupation falling under category 1 of the Korean Standard Classification of Occupations in the recent Wage Structure Survey conducted by the Minister of Labor;

6. In cases where a part-time worker's weekly working hours, under Article 18 (3) of the Labor Standards Act, is evidently short; or

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7. In cases of sports athletes under subparagraph 4 of Article 2 of the National Sports Promotion Act and where a person is engaged in teaching sports pursuant to subparagraph 6 of the same Article.

Article 4 (Number, Qualification Requirements, etc., of Experts) (1) In accordance to Article 10 (5) of the Act, the Labor Relations Commission (hereinafter referred to as the "Labor Relations Commission") under Article 2 (1) of the Labor Relations Commission Act shall have no more than ten experts. (2) Experts under paragraph (1) shall be appointed by the Chairman of the National Labor Relations Commission (hereinafter referred to as the "National Labor Relations Commission") under Article 2 (1) of the Labor Relations Commission Act from among those holding doctoral degrees in law, business administration, economics and other labor-related fields and those holding relevant qualifications, such as lawyers, certified accountants and certified labor affairs consultants. (3) Matters concerning the remuneration of experts referred to in paragraph (1) shall be separately determined by the National Labor Relations Commission and the Standard Annual Pay by Grade of Contract Public Officials in Table 34 of the Public Officials Remuneration Regulations shall apply mutatis mutandis thereto.

Article 5 (Delegation of Authority)

Pursuant to Article 19 of the Act, the Minister of Labor shall delegate the authorities specified in the following subparagraphs to the head of a regional labor office:

1. Demand for submission of a status report on compliance with confirmed redress orders under Article 15 (1) of the Act;

2. Receipt of a report of noncompliance with confirmed redress orders under Article 15 (2) of the Act; and

3. Imposition and collection of fines for negligence under Article 24 of the Act.

Article 6 (Imposition of Fines for Negligence)

(1) When imposing a fine for negligence pursuant to Article 24 (1) and (2) of the Act, the Minister of Labor shall investigate and confirm the violation in question and send the person subject to the fine a written notice specifying the contents of the violation, amount of fine, etc.

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(2) When imposing a fine for negligence, the Minister of Labor shall set a period of ten days or longer and provide the person subject to the fine with an opportunity to make his/her statement during that period, either orally or in writing (including in electronic documents). In this case, if no statement is made within the set period, it shall be considered that he/she has no statement to make.

(3) When determining the amount of a fine for negligence, the Minister of Labor shall give consideration to the level, motive, consequences, etc. of the violation. In this case, the criteria for imposing fines is shown in the attached Table 3. (4) The procedures for collecting fines for negligence shall be prescribed by the Ordinance of the Ministry of Labor. Addenda This Decree shall enter into force on July 1, 2007: Provided that the enforcement date of the attached Table 3 (limited to subparagraphs 1 and 2) shall be as follows depending on the business or workplace (referring to businesses or workplaces of employers; hereinafter the same shall apply.):

1. Businesses or workplaces employing 300 or more workers: July 1, 2007

2. State and local government agencies; agencies designated as public enterprises, quasi-government agencies and other public agencies under Article 5 of the Operation of Public Agencies Act, and meeting the requirements for a

government-affiliated institution under Article 3 of the Framework Act on the Management of Government-Affiliated Institutions and the requirements for a government-invested institution under Article 2 of the Framework Act on the Management of Government-Invested Institutions, which was rescinded pursuant to Article 2 of the Addenda of the Operation of Public Agencies Act revised by Act no. 8258 ; local public enterprises and local pubic corporations under Articles 49 and 76 of the Local Public Enterprises Act; government-invested research institutions and research societies under Article 2 of the Act on the Establishment, Operation and Fosterage of Government-Invested Research Institutions and Article 2 of the Act on the Establishment, Operation and Fosterage of Government-Invested Research Institutions of Science and Technology, university hospitals - 5 -

under the Act on the Establishment of National

University-Affiliated Hospitals: July 1, 2007

3. Businesses or workplaces employing 100 or more but less than 300 workers : July 1, 2008

4. Businesses or workplaces employing less than 100 workers : July 1, 2009