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Laws of the Republic of Korea |
EMPLOYMENT SECURITY ACT
Wholly Amended by Act No. 4733, Jan. 7, 1994
Amended by Act No. 5103, Dec. 29, 1995
Act No. 5478, Dec. 24, 1997
Act No. 5512, Feb. 20, 1998
Act No. 5884, Feb. 8, 1999
Act No. 7196, Mar. 22, 2004
Act No. 7825, Dec. 30, 2005
Act No. 8249, Jan. 19, 2007
Act No. 8372, Apr. 11, 2007
Act No. 9040, Mar. 28, 2008
CHAPTER
General Provisions
Article 1 (Purpose)
The purpose of this Act is to strive for the employment security of every worker, and to contribute to development of the national economy, by giving him an opportunity to find employment in which he may develop and display his own ability, and supporting an expansion of the work force required for the industry.
Article 2 (Equal Treatment)
No person shall be treated discriminately in a job placement,
vocational guidance, or decision on employment relation, for
reasons
of sex, age, religion, physical conditions, social status,
marriage, etc.
(1) In order to attain the purpose as prescribed in Article 1,
the Government shall carry out any of the following tasks:
1. Matters concerning a proper adjustment of demand and
supply of work force;
2. Matters concerning domestic and overseas placement
services for job offerers and seekers;
3. Matters concerning vocational guidance for job seekers;
4. Matters concerning collection, arrangement, or furnishing
of information on employment;
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5. Matters concerning assistance in vocational training or
reemployment for job seekers; and
6. Matters concerning guidance and inspection of the service
of job placement, the service of furnishing of employment
information,
recruitment or supply of labor.
(2) The government may conduct services related to duties
prescribed in subparagraph 2 through 5 in paragraph (1)
by being in association
with those who fall under any of
the following subparagraphs or entrusting those who fall
under any of the following subparagraphs;
1. A person who conducts free placement service pursuant
to Article 18;
2. A person who conducts fee-charging placement service
pursuant to Article 19;
3. A person who conducts service furnishing employment
information pursuant to Article 23; and
4. Other professional institutions related to duties prescribed
in subparagraph 2 through 5 in paragraph (1) determined
by the Presidential
Decree.
(3) The expenses needed for conducting the services
prescribed in paragraph (2) may be supported from the general
accounting or
Employment Insurance Fund under the Employment
Insurance Act according to the supporting subject and method
determined by the Presidential
Decree.
For the purpose of this Act,
1. the term ßÖemployment security officeß×means a local labor
administrative agency carrying out the employment security
services,
such as job placement, vocational guidance, etc.;
2. the term ßÖjob placementß×means to help, upon request,
both job offerer and seeker to a conclusion of an employment
contract;
3. the term ßÖvocational guidanceß×means a vocational aptitude
test, furnishing of employment information, vocational
counselling,
practical exercise, invitation, advice, or other
guidance as to employment, which are rendered to facilitate
a choice of job suitable
to the ability and aptitude of a
person who desires to find an employment;
4. the term ßÖfree placement serviceß×means a job placement
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service rendered without receiving any fee, membership
fee, or any money or valuables;
5. the term ßÖfee-charging placement serviceß×means a job
placement service other than the free job placement service;
6. the term ßÖrecruitmentß×means that a person who desires
to employ workers, invites a person who desires to find
an employment,
to be in his employment, or has another
person invite so; and
7. The term ßÖlabor supply businessß×means to have another
person use labor pursuant to a supply contract. However,
this excludes
worker dispatch business as prescribed by
subparagraph 2 of Article 2 of the Act relating to
Protection, etc., for Dispatched Workers.
Article 4-2 (Domestic Placement Service, etc., by Local Governments)
(1) The heads of local governments may, if necessary, provide
domestic placement services, placement direction, and services
furnishing employment information for both a job offerer and a
job seeker.
(2) The heads of local governments may place expert human
resources needed for the performance of tasks under paragraph
(1).
(3) If it is necessary in consideration of smooth performance
of tasks as prescribed by Article 3, the Minister of Labor may,
in
consultation with the heads of local governments, provide
domestic placement services, placement direction, and services
furnishing
employment information for both a job offerer and a
job seeker.
(4) The provisions of Chapter II(excluding Article 5 and 7)
shall be applicable to the cases where the heads of local
governments
provide domestic placement service, etc., for a job
offerer and a job seeker as provided by paragraph (1).
(1) The Minister of Labor may place private job counsellors
(hereinafter referred to as ßÖprivate job counsellorsß×) other than
public officials who undertake duties such as job placement,
vocational guidance, furnishing of employment information, etc.
-
4 -
at the Employment Security Office.
(2) Placement standards and other necessary matters concerning
private job counsellors shall be determined by the Ordinance of
the Ministry of Labor.
Article 4-5 (Authorization for Institutions Excellent in Employment
Support Service)
(1) The Minister of Labor may authorize an institution
which falls under any subparagraphs of paragraph 2 of Article
3 and contributes
to the improvement of employment support
service for a job offerer or seeker through job placement,
furnishing of employment information,
etc., with equipment and
facilities conveniently used by a job offerer or seeker as an
institution excellent in employment support
service.
(2) The Minister of Labor may entrust the authorization
tasks for institutions excellent in employment support service
prescribed in paragraph (1) to a professional institution
determined by the Presidential Decree.
(3) The Minister of Labor may provide necessary support
for an institution authorized as an institution excellent in
employment
support service pursuant to paragraph (1) by
allowing the institution before other institutions to participate in
an association
service or a service that can be entrusted and
conducted, etc. pursuant to paragraph 2 of Article 3.
(4) The Minister of Labor
may cancel the authorization, if a
person authorized as an institution excellent in employment
support service pursuant to paragraph
(1) falls under any of the
following subparagraphs:
1. In case an authorization is obtained in false or other
fraudulent ways;
2. In case there is no continuous business performance for a
year or more without a justifiable reason;
3. In case the institution does not meet the authorization
standards under paragraph (5); and
4. In case a person authorized as an institution excellent in
employment support service closes his business.
(5) Necessary matters needed for authorization standard,
methods, etc. of an institution excellent in employment support
service
shall be determined by the Ordinance of the Ministry of
Labor.
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CHAPTER
Job Placement, Vocational Guidance, etc., of
Employment Security Office
SECTION 1
General Provisions
Article 5 (Organ in charge of Services)
Part of services set forth in Article 3 shall be carried out by
the head of the employment security office.
Article 6 (Securing of Specialty of Responsible Personnel)
(1) The Government shall make efforts to secure a specialty
of the responsible
personnel, such as training, assignment, etc.
of public officials having exclusive responsibility, so as to carry
out technically
the services to be performed by the head of the
employment security office, such as job placement, vocational
guidance, etc.
(2) The Minister of Labor may nominate vocational guidance
officers to take charge of the job placement, vocational guidance,
etc.,
from among public officials under his jurisdiction.
(3) Matters concerning the qualification, etc. for the vocational
guidance
officer as referred to in paragraph (2), shall be
determined by the Minister of Labor.
Article 7 (Cooperation of Head of Shi/ Kun/ Ku)
The head of Shi (limited to the Shi where the Ku are not
established) /Kun/Ku shall, upon request of the head of the
employment
security office, cooperate with respect to any of the
following services:
1. Identity certification of a job offerer or seeker, and reply
to other inquiries about him; and
2. To relay and publicize information on the job offering and
seeking.
SECTION 2
Job Placement
Article 8 (Application for Help by Job Offerer)
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The head of the employment security office shall not refuse
to accept an application for help filed by a job offerer, except
in
any of the following cases:
1. Where the contents of such application are contrary to
the provisions of Acts and subordinate statutes;
2. Where the wages, working hours and other working
conditions specified in the contents of such application,
are deemed remarkably
improper compared with the normal
working conditions; and
3. Where the job offerer refuses to specify the conditions
under which he is to offer the job.
Article 9 (Application for Jobs)
(1) The head of the employment security office shall not refuse
to accept an application for jobs, except in cases where the contents
of such application are contrary to the provisions of Acts and
subordinate statutes.
(2) In cases where a job seeker requests it, or it is deemed
necessary and the job seeker has agreed thereto, the head of the
employment
security office may take a vocational counselling, or
conduct a vocational aptitude test.
Article 10 (Specification, etc., of Working Conditions)
Upon filing an application for workers with the head of the
employment
security office, the job offerer shall specify the
contents of the work for which job seekers are to be employed,
and the working
conditions, and the head of the employment
security office shall specify them to the job seekers.
Article 11 (Principles of Job
Placement)
(1) The head of the employment security office shall make
efforts to enable any job seeker to find employment suitable to
his ability,
and to enable any job offerer to find job seekers suitable
for his job offering conditions.
(2) The head of the employment security office shall make
efforts to enable any job seekers to find employment in a
commutable
area as far as possible.
Article 12 (Job Placement through Wide Area)
If it is impossible to have a job seeker find employment
suitable to his desire and ability in a commutable area, or to
fill up
a job seeker or the number of job seekers whom the job
offerer hopes to employ, the head of the employment security
office may
furnish the job placement services through a wide
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area.
Article 13 (Intermediation for Training)
If it is deemed necessary to have any job seeker receive any
vocational training in order to promote his employment, the
head of
the employment security office may help the job seeker
in receiving vocational Skills development training in
vocational Skills
development training institutions, etc., as
prescribed by the Employee Skills Development Act.
SECTION 3
Vocational Guidance
Article 14 (Implementation of Vocational Guidance)
(1) The head of the employment security office shall implement
vocational guidance
for those who desire to find new employment,
who are handicapped mentally or physically, and who require
any special guidance as
to employments.
(2) Matters necessary for the method, procedure, etc., of the
vocational guidance as referred to in paragraph (1), shall be
determined
by the Minister of Labor.
Article 15 (Cooperation of Head of Employment Security Office
with Heads of Schools)
The head of the employment security office shall, if necessary,
cooperate in any free placement services furnished by the heads
of schools as prescribed by the Education Act, and by the
heads of public vocational training facilities as prescribed by the
Elementary and Secondary Education Act, and Higher Education
Act, and by the heads of public vocational Skills development
training
facilities as prescribed by the Employee Skills
Development Act and he may, upon their requests, give
vocational guidance to students
or vocational trainees.
Furnishing of Employment Information
Article 16 (Collection, Furnishing, etc. of Employment Information)
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(1) The head of the employment security office shall collect
on occasion or periodically various employment information in
the
area, and rearrange such collected information, and furnish
it positively to job offerers and seekers, and other persons who
require
such employment information.
(2) If the head of the employment security office judges as
a result of analyzing employment information collected, that
there
is a sudden change in the demand and supply of labor in
the area, or any remarkable unbalance has taken place, he shall
set up
and drive forward an adequate measure.
Article 17 (Development of Job Offering and Seeking)
The head of the employment security office shall make efforts
to develop the
job offering and seeking, for the purpose of
expanding the opportunity for job seekers to find employment,
and supporting an expansion
of an insufficient work force for
the industry.
CHAPTER
Services of Job Placement, Furnishing of Employment
Information, Recruitment or Supply of Labor Conducted
by those Other Than Head
of Employment Security Office
SECTION 1
Services of Job Placement and Furnishing of
Employment Information
Article 18 (Free Placement Service)
(1) Free placement service is classified into domestic and
overseas free placement service, on the basis of the place where
a worker,
the object of job placement service, desires to find
employment. Any person who desires to conduct a domestic
free placement service,
shall report to the City Mayors, County
Chiefs, or heads of Ku Administrative offices(limited to the
heads of Ku Administrative
offices of Self-Governing Ku), and
any person who wants to conduct an overseas free placement
service shall report to the Minister
of Labor. This provisions
shall also apply in cases where he changes any of permitted
matters.
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(2) Any person who desires to conduct a free placement service
as prescribed by the provision of paragraph (1) shall be either a
nonprofit juristic person or a public interests organization under
the Presidential Decree.
(3) Matters the items and procedure of reporting, and other
necessary matters on reporting as prescribed by the provision of
paragraph
(1) shall be determined by the Presidential Decree
(4) Notwithstanding the provision of paragraph (1), the free
placement service may be conducted without reporting in those
cases
which fall under any of the following subparagraphs;
1. Placement services conducted by the Korea Manpower
Agency pursuant to the Korea Manpower Agency Act;
2. Placement services for the disabled conducted by Employment
Promotion Agency for the Disabled pursuant to the
Employment Promotion
and Vocational Rehabilitation of
Disabled Persons Act;
3. Placement services, for students in school, graduates, trainees
or persons who have completed the prescribed course,
conducted
by heads of each school as prescribed in Education-
related Act, or by heads of any public vocational Skills
development training
facilities as prescribed in the Employee
Skills Development Act; and
4. Placement services, for disability benefit recipients, conducted
by the Korea Labor Welfare Corporation as prescribed in the
Industrial Accident Compensation Insurance Act.
(5) Deleted.
(6) Deleted.
(7) Deleted.
(8) Deleted.
Article 19 (Fee-Charging Placement Service)
(1) The permission for a fee-charging placement service shall
be granted by classifying it into domestic and overseas fee-charging
placement services, on the basis of the place where a worker
who is the object of placement, desires to find employment. In
this
case, a person who desires conduct a domestic fee-charging
placement service shall register to the City Mayors County Chiefs
or
heads of Ku Administrative offices, and a person who desires to
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conduct an overseas fee-charging placement service shall register
to the Minister of Labor. This provision shall also apply in cases
where he changes any of the permitted matters.
(2) Deleted.
(3) Deleted.
(4) Deleted.
(5) Deleted.
(6) A person who conducts the fee-charging placement service
after being registered as referred to in paragraph (1) shall not
receive
any money or similar valuables other than the fee as
determined and notified by the Minister of Labor
(7) In cases where the Minister of Labor desires to determine
the fee as referred to in paragraph (6), he shall go through a
deliberation
of the Employment Policy Council(hereinafter referred
to as the ßÖEmployment Policy Councilß×) as provided by the
Basic Employment
Policy Act.
(8) The personal and material requirements as a
registration standard of the fee-charging placement services
and other matters necessary for the fee-charging placement
services
as referred to in paragraph (1) shall be determined by
the Presidential Decree.
(9) Any person who conducts, and those who are engaged
in, the fee-charging placement services with the registration as
referred
to in paragraph (1), shall observe such matters as
determined by the Presidential Decree.
Article 20 (Restriction on Registration for the Fee-charging Placement
Service)
In case a year has not elapsed since the registration for the
fee-charging placement service was cancelled as prescribed in
Article
36, the registration for the fee-charging placement service
shall not be allowed at the same business location.
Article 21 (Prohibition of Lending Title)
A Person who has registered for the fee-charging placement
service under Article 19 (1) shall not have another person conduct
the
placement service using his name or trade name, or lend
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the registration certificate.
Any person who conducts, and those who are engaged in,
the fee-charging services after being registered as referred to in
paragraph
(1) of Article 19 shall not receive the prepayment
from a job offerer in order to give it to a job seeker.
(2) Job placement service providers, etc. shall not place
job-seekers aged less than 18 in business place of the
occupations prohibited
the use of those aged less than 18
pursuant to Article 63 of the Labor Standards Act.
(3) Job placement service providers, etc.
shall not place
job-seekers who are juveniles pursuant to subparagraph 1 of
Article 2 of the Juvenile Protection Act in entertainment
establishments harmful to juveniles as prescribed in subparagraph
5 of Article 2 of the Act.
Article 22 (Those engaged in Fee-Charging Placement Service, etc.)
(1) Any person who offers the fee-charging placement service
with a registration as prescribed in paragraph (1) of Article 19
shall not employ those who fall under subparagraphs 1, 3 or 4
of Article 38.
(2) Any person who offers the fee-charging placement service
with a registration as prescribed in paragraph (1) of Article 19
shall
have one or more vocational counsellors by place of service,
who are qualified as prescribed by the Ordinance of the Ministry
of
Labor.
(3) No person of those engaged in the fee-charging placement
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service, who is not the vocational counsellor as referred to in
paragraph (2), shall not take charge of affairs concerning the job
placement.
(2) Matters to be reported, procedure of report, and other
matters necessary for the report under paragraph (1), shall be
determined
by the Presidential Decree.
Article 24 Deleted.
Any person who conducts the service furnishing employment
information after making the report as prescribed in paragraph
(1) of
Article 23, shall observe such matters as determined by
the Presidential Decree.
Article 26 (Prohibition of Side Business)
No person who carries on the food and entertainment business
as prescribed in Article 21 of the Food Sanitation Act and the
accommodation
business as prescribed in Article 2 of the Public
Health Control Act may render the free job placement service
or the fee-charging
job placement service.
Article 27 (Applicable Provisions)
The provisions of Articles 8 through 12 shall be applicable
to the free or fee-charging placement services as prescribed in
Article
18 or 19.
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SECTION 2
Recruitment of Workers
Article 28 (Recruitment of Workers)
(1) Any person who desires to employ workers, may recruit
them freely by way of an advertisement in newspapers, magazines,
or other
publications, or distribution of papers, etc.
(2) Deleted.
Article 29 (Entrusted Recruitment)
Deleted.
Article 30 (Recruitment of Overseas Workers)
(1) Any person who recruited workers to be employed overseas
shall report it to the Minister of Labor.
(2) Matters necessary for the report as referred to in paragraph
(1) shall be determined by the Presidential Decree.
Article 31
(Recommendation on Improvement of Recruitment Method,
etc.)
(1) If it is deemed necessary for establishing a sound order
of recruitment, the Minister of Labor may recommend to
improve the
recruitment method, etc., with respect to the
recruitment of workers as prescribed in Article 28 or 30.
(2) If the Minister of
Labor desires to make a recommendation
as referred to in paragraph (1), he shall go through a deliberation
of the Employment Policy
Council.
(3) Matters necessary for the recommendation as referred to
in paragraph (1) shall be determined by the Presidential Decree.
Article
32 (Prohibition of Receipt of Money, etc.)
Any person who desires to employ workers, and who is
engaged in such recruitment, shall
not receive any money, goods
or interest from applicants in connection with such recruitment,
regardless of the pretext thereof.
Labor Supply Business
Article 33 (Labor Supply Business)
(1) No person shall carry on a labor supply business without
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obtaining the permission of the Minister of Labor.
(2) The valid period of the permission of a labor supply
business shall be three
years, and those who intend to
continuously carry on a labor supply business after the
expiration of the valid period shall receive
a renewal permission
determined by the Ordinance of the Ministry of Labor. In this
case, the valid period of a renewal permission
shall be three
years from the day when the valid period of the prior-renewal
permission expires.
(3) The object of and requirements for the permission as referred
to in paragraph (1) shall be determined by the Presidential Decree.
CHAPTER
Supplementary Provisions
Article 34 (Prohibition of False Job Offering Advertisement, etc.)
(1) No person who renders or carries on a job placement
service,
or worker recruitment or supply business as prescribed
in Articles 18, 19, 28, 30, or 33, or who is engaged in such service
or
business, shall make a false job offering advertisement, or
suggest a false job offering condition.
(2) Matters necessary for the scope, etc. of any false job
offering advertisement as referred to in paragraph (1), shall be
determined
by the Presidential Decree.
Article 34-2 (Security on Liability for Damages)
(1) Any person who carries on the fee-charging placement
service with the registration as prescribed in Article 19 (1), or
the
labor supply business (limited to a business supplying labor
to foreign countries) with the permission as prescribed in Article
33 (1), shall join the guaranteed insurance or the mutual aid
referred to in paragraph (2), or deposit money with a financial
institution as prescribed by the Presidential Decree, for the
purpose of securing the liability for compensation for any damages
which he infects on any worker or person who has a worker
introduced or supplied, on purpose or negligently in carrying
out the
job placement or labor supply.
(2) The association of businessmen referred to in Article 45-2
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may carry on a mutual-aid business under the conditions
determined by the Minister of Labor with a view to securing
the liability
of compensation for damages under paragraph (1).
(3) When the association of businessmen referred to in
Article 45-2 intends to carry on a mutual-aid business under
paragraph (2),
it shall establish mutual-aid regulations and
obtain the approval of the Minister of Labor therefor. The same
shall apply when
it intends to modify the mutual-aid regulations.
(4) The mutual-aid regulations referred to in paragraph (3)
shall prescribe the matters necessary for the operation of the
mutual-aid
business, such as the scope of mutual-aid business,
the contents of mutual-aid contract, the mutual-aid amount and
premium, the
liability reserve fund to appropriate to mutual-aid
amount, etc.
If a person who has made a report, or is permitted or registered
under Article 18, 19, 23(1), or 33 discontinues his service, he
shall report it to the Minister of Labor, City Mayors, County
Chiefs or heads of Ku Administrative office, within 7 days from
the date of discontinuance.
1. When making a report, registration and permission in
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false or other fraudulent ways;
2. When falling under any of the subparagraphs of Article
38; and
3. When violating this Act or an order under this Act.
(2) If the cause to cancel the registration or the permission
falls under
paragraph (5) of Article 38, the Minister of Labor,
City mayors, county chiefs, or heads of Ku Administrative offices
shall allow
in advance a period of one or more months required
for replacement of officers concerned.
Article 36-2 (Status Succession, etc. of a Businessman)
(1) In case a person who has reported the discontinue of his
service pursuant
to Article 35 makes a report, or is registered
or permitted under Article 18, 19, 23 or 33 within six months,
(hereinafter referred
to as "to make a report again, etc." in this
Article), a businessman who makes a report again, etc. shall be
regarded as the same
person before reporting the discontinue of
his service.
(2) For a businessman who makes a report again, etc. pursuant
to paragraph (1), the effects of an administrative measure for
the
businessman before reporting the discontinue of his service
shall succeed.
(3) The Minister of Labor or the head of Si/Gun/Gu may
take a measure pursuant to Article 36 for a businessman who
makes a report
again, etc. pursuant to paragraph (1) on the
ground of the act of violation before reporting the discontinue
of his service.
Article 36-3 (Hearing)
In case the Minister of Labor, City Mayors, County Chiefs,
or heads of Ku Administrative offices desires to order a cancellation
of registration or permission under Article 36, he shall conduct
a hearing.
- 17 -
(1) If a person operates any service without making the report
or getting the registration, or obtaining the permission, as prescribed
in Article 18, 19. 23(1) or 33, or continues to carry on any service
even after he received the order of suspension or cancellation
as
prescribed in paragraph (1) of Article 36, the Minister of Labor,
City Mayors, County Chiefs, or heads of Ku Administrative
offices may have any public official concerned take any of the
following measures:
1. Removal and deletion of a signboard or other business
marks of the service place or office concerned;
2. Posting up a bulletin to inform that the service is illegal;
and
3. Sealing to make any person unable to use any equipment
or facilities indispensable for the operation of the service.
(2) Any
public official concerned who takes the measures as
referred to in paragraph (1), shall carry with himself a certificate
indicating
his authority, and show it to the interested person.
Article 38 (Disqualification)
A person who falls under any of the following subparagraphs,
may not report, register or obtain permission for a placement
service
or labor supply service:
1. A person who is a minor, incompetent, quasi-incompetent,
or is declared bankrupt and not yet reinstated;
2. A person who is sentenced to a penalty heavier than
imprisonment without prison labor, and for whom the
execution of such sentence
is not terminated, or two years
have not elapsed since non-execution became definite;
3. A person who is sentenced to a penalty heavier than a
fine, for violation of the Act, the Act on the Punishment
of Procuring
Prostitution and Associated Acts, the Minor
Protection Act, the Act on the Regulation over Amusement
Business Affecting Public
Morals or the Juvenile Protection
Act, or for violation of the Seaman Act by any act related
to placement service, and for whom
three years have not
elapsed, after the execution of such sentence is terminated,
or non-execution thereof became definite;
3-2. A person who is sentenced to a stay of execution after
- 18 -
being sentenced to a penalty heavier than imprisonment
without prison labor, and is in the period of suspension;
4. A person for whom three years have not elapsed since
the permission for the concerned service was cancelled
under Article 36;
and
5. Juristic person any of whose officers falls under any of
subparagraphs 1 through 4.
Article 39 (Keeping of Books, etc.)
Any person who has registered as prescribed by Article 19
or who is permitted under Article 33, shall keep books, ledgers
and other
necessary documents, under the conditions as prescribed
by the Ordinance of the Ministry of Labor.
Article 40 (Education and Training for Those engaged in Placement
Service)
Deleted.
Article 40-2 (Education and Training for Persons Performing Job
Placement Service, etc.)
(1) The Minister of Labor or city mayors, county chiefs, or
heads of Ku Administrative offices shall conduct education and
training
for a person who performs job placement service and
the employees thereof with a view to improving professional
knowledge and professional
ethical awareness required to
conduct job placement, job counseling, etc.
(2) The contents and method of, and other necessary matters
for the education and training referred to in paragraph (1) shall
be
determined by the Ordinance of the Ministry of Labor.
Article 41 (Report and Inspection)
(1) The Minister of Labor, City Mayors, County Chiefs, or
heads of Ku Administrative offices may, if necessary, order any
person
who offers a placement service with a permission, a
registration, or after reporting as prescribed in Articles 18, 19,
23(1) or
33 to submit data or make a report required for
enforcement of this Act.
concerned have access to a business place, related business
place, and other facilities to which this Act applies in order to
inspect
the situation of business, books or other things, and
have him ask any questions to interested persons.
(3) In case the Minister of Labor, City Mayors, County
Chiefs, or heads of Ku Administrative offices conducts
inspection under
paragraph (2), he shall notify in advance the
inspected person of the inspection plan on the date, reason,
contents, etc. of the
inspection, except in a case where it is
urgent, or in the case of the advance notification, it is recognized
that destruction
of evidence, etc. could obstruct the attainment of
inspection goal.
(4) Any public official who has access to any business place
and conducts any inspection under paragraph (2), shall carry
with
himself a certificate indicating his authority, and show it
to the interested person.
Article 41-2 (Request for Cooperation in Data)
The Minister of Labor, City Mayors, County Chiefs, or heads
of Ku Administrative offices may, if deemed as necessary, request
the
head of related government organization for data required
for enforcement of this Act.
No person who has participated or participates in a placement
service or recruitment of labor, shall divulge any secret concerning
workers or employers, which he has learned in the course of
his duties, except in a case where it is disclosed by the direction
of the Minister of Labor.
Article 43 (Fee)
Any person who desires to register for the fee-charging
placement service as prescribed in Article 19, shall pay the fee
under
the conditions as prescribed by the Ordinance of the
Ministry of Labor. This provisions shall also apply in cases
where he modifies
any of the registered matters.
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The authority of the Minister of Labor as prescribed by this
Act, may be delegated partially to the head of the employment
security
office or the Special Metropolitan City Mayor, Metropolitan
City Mayor, or Provincial Governor, under the conditions as
prescribed
by the Presidential Decree.
Article 45 (Subsidy of National Treasury)
The Minister of Labor may subsidize the whole or part of
expenses for the free placement service as prescribed in Article
18.
Article 45-2 (Establishment, etc. of the Association of Businessmen)
(1) Any person who carries on business after reporting,
registering, or obtaining permission under Article 18, 19, 23 or
33 may establish an association of businessmen for the sound
development, etc. of job placement, job information offering, or
labor supply business in accordance with the Presidential
Decree.
(2) The association of businessmen referred to in paragraph
(1) shall be a corporation.
(3) Except for the special provisions prescribed in the Act,
the provisions regarding incorporated association in the Civil
Act
shall apply mutatis mutandis to the association of
businessmen referred to in paragraph (1).
Article 45-3 (Prize Money)
(1) The Minister of Labor, City Mayors, County Chiefs, or
heads of Ku Administrative offices may provide prize money
within the
range of budget for a person who makes a report
on or bring an accusation a person, to an investigation agency,
who violates Article
34 or falls under subparagraph 1 and 2 of
paragraph (1) of Article 46.
(2) Other necessary matters concerning the provision of
prize money shall be determined by the Ordinance of the
Ministry of Labor.
- 21 -
CHAPTER
Penal Provisions
Article 46 (Penal Provisions)
(1) Any person who falls under any of the following
subparagraphs, shall be punished by imprisonment for not more
than seven years,
or a fine not exceeding thirty million
won:
1. A person who carries on a placement, recruitment or supply
of labor, by means of violence, threat, detention, or unlawful
restraint
against mental or physical freedom; and
2. A person who carries on a job placement, labor recruitment
or supply, with the intention to place another person in a
job engaged
in the sexual traffic and other obscene act
referred to in subparagraph 1 of paragraph (1) of Article
2 of the Act on the Punishment
of Acts of Arranging
Sexual Traffic.
(2) Any attempt to commit the offense as referred to in
paragraph (2) shall be punished.
Article 47 (Penal Provisions)
Any person who falls under any of the following subparagraphs,
shall be punished by imprisonment for not more than five
years,
or a fine not exceeding twenty million won: 1. A person who carries on the fee-charging placement service
or labor supply business without obtaining the permission
or the registration
as prescribed in Article 19 (1) or 33 (1);
2. A person who has registered as prescribed in paragraph
(1) of Article 19, or who has obtained the permission as
prescribed in
paragraph (1) of Article 33, by a false or
other unlawful way;
3. A person who violates the provisions of Article 21 and
the other party;
3-2. A person who violates the provisions of paragraph (2)
and (3) of Article 21-3;
4. A person who receives any money, goods or other interest,
in contravention of the provisions of Article 32; and
5. A person who makes false job offering advertisements, or
- 22 -
presents false job offering conditions, in contravention of
the provisions of Article 34.
Article 48 (Penal Provisions)
Any person who falls under any of the following subparagraphs,
shall be punished by imprisonment for not more than one year,
or
a fine not exceeding five million won:
1. A person who carries on the free placement service or
business furnishing employment information, without making
a report as
prescribed in paragraph (1) of Article 18 or
paragraph (1) of Article 23;
2. A person who makes a report as prescribed in paragraph
(1) of Article 18 or paragraph (1) of Article 23, by a false
or other
unlawful way;
3. A person who receives any money other than the fee as
notified publicly by the Minister of Labor, in contravention
of the provisions
of Article 19 (6);
3-2. A person who violates the provisions of Article 21-2;
4. A person who takes charges of affairs as to the job placement,
in violation of the provisions of paragraph (3) of Article 22;
5. Deleted. 6. A person who carries on a business during a suspension
period as prescribed in Article 36; and
7. Deleted. 8. A person who has divulged any secret in contravention
of the provisions of Article 42.
Article 48-2 (Penal Provisions)
Any person who violates the provisions of paragraph (1) of
Article 21-3 shall be punished by a fine not exceeding five
million
won.
(1) Any person who falls under any of the following
subparagraphs, shall be punished by a fine for negligence not
exceeding one
million won:
1. Deleted. 2. A person who fails to make a report in contravention of
the provisions of Article 30 (1) or 35;
- 23 -
3. A person who fails to keep the books and other documents
in contravention of the provisions of Article 39;
4. A person who fails to make a report as prescribed in
Article 41 (1), or makes a false report; and
5. A person who refuses, interferes with, or evades the entry
and inspection of the public official concerned as prescribed
on Article
41 (2).
(2) The fine for negligence as referred to in paragraph (1)
shall be imposed and collected by the Minister of Labor, City
Mayors,
County Chiefs, or heads of Ku Administrative offices in
accordance with his jurisdiction, under the conditions as
prescribed by
the Presidential Decree.
(3) Any person who is dissatisfied with a disposition of fine
for negligence as referred to in paragraph (2), may make an
objection
against the Minister of Labor, City Mayors, County
Chiefs, or heads of Ku Administrative offices, within thirty days
after he is
informed of such disposition.
(4) If a person who is subject to a disposition of fine for
negligence as referred to in paragraph (2), has made an objection
under
paragraph (3), the Minister of Labor, City Mayors, County
Chiefs, or heads of Ku Administrative offices 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 Non-Contentious Case Procedure Act.
(5) If no objection is made, and no fine for negligence is
paid, in the period as referred to in paragraph (3), it shall be
collected
according to the examples of the disposition of national
or local taxes in arrears.
Article 50 (Joint Penal Provisions)
If a representative of a juristic person, or an agent, servant
or other worker of a juristic person or individual commits an
offense
as prescribed in Article 46 through 48-2 in connection
with affairs of the juristic person or individual, the fine as
prescribed
in respective Article shall be imposed on such juristic
person or individual, in addition to punishment of the offender.
- 24 -
Addenda (Labor Standards Act)
This Act shall enter into force on the day of its
promulgation. However, the amended provision of Article 16
(24) of Addenda shall
enter into force on Apr. 12, 2007. The
amended provisions of Article 12, 13, 17, 21, 23(1), 24(3), 25(1),
27 through 33, 37(1),
38, 43, 45, 64(3), 77, 107, subparagraph (1)
of Article 110, and Article 111, 112, 114, 116 and Article 16(9)
of Addenda shall
enter into force on Jul. 1, 2007, and the
amended provision of Article 16(21) of Addenda shall enter into
force on Jul. 20, 2007.
Articles 2 through 15 Omitted.
Article 16 (Revision of Other Laws)
(1) through (20) Omitted.
(21) Parts of the amended provision of the Employment
Security Act shall be revised as follows :
"Article 63 of the Labor Standards Act" in paragraph (2) of
Article 21-3 shall be changed to "Article 65 of the Labor
Standards
Act."
(22) through (24) Omitted.
Article 17 Omitted.
Addenda
This Act shall enter into force on the day of its
promulgation.
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