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LABOR STANDARDS ACT
Act No. 5309, Mar. 13, 1997
Amended by Act No. 5473, Dec. 24, 1997
Act No. 5510, Feb. 20, 1998
Act No. 5885, Feb. 8, 1999
Act No. 6507, Aug. 14, 2001
Act No. 6974, Sep. 15, 2003
CHAPTER I
General Provisions
Article 1 (Purpose)
The purpose of this Act is to set the standards for the conditions
of employment in conformity with the constitution, thereby
securing and improving the living standards of workers and achieving
a well-balanced development of the national economy.
Article 2 (Standards of Conditions of Employment)
The conditions of employment provided herein shall be the
lowest standards and the parties to employment relations, therefore,
shall not reduce the conditions of employment under the pretext
of compliance with this Act.
Article 3 (Determination of Conditions of Employment)
The conditions of employment shall be determined based upon
the mutual agreement between employers and workers, on an
equal footing.
Article 4 (Observance of Conditions of Employment)
Both employers and workers shall comply with collective
agreements, rules of employment, and terms of labor contracts,
and each of them shall be obliged to do so in good faith.
Article 5 (Equal Treatment)
An employer shall not discriminate against workers by sex,
or take discriminatory treatment in relation to the conditions of
employment according to nationality, religion or social status.
Article 6 (Prohibition of Forced Labor)
An employer shall not force a worker to work against his
own free will through the use of violence, intimidation, confinement
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or by any other means which unjustly restrict mental or physical
freedom.
Article 7 (Prohibition of Violence)
An employer shall not resort to violence or batter a worker
for the occurrence of accidents or for any other reason.
Article 8 (Elimination of Intermediary Exploitation)
Anyone shall neither intervene in the employment of other
person for the purpose of making a profit, nor gain benefit as
an intermediary unless otherwise provided by law.
Article 9 (Guarantee of Exercise of Civil Rights)
An employer shall not reject a request from a worker to
grant time necessary to exercise franchise or other civil rights,
or to perform official duties during his working hours; however,
the time requested may be changed, unless such change impedes
the exercise of those rights or performance of those civil duties.
Article 10 (Scope of Application)
(1) This Act shall apply to all businesses or workplaces in
which more than 5 workers are ordinarily employed. This Act,
however, shall not apply to any business or workplace which
employs only relatives living together, and to a worker who is
hired for domestic works.
(2) With respect to a business or workplace which ordinarily
employs less than 4 workers, some of the provisions of this Act
may be applicable as prescribed by the Presidential Decree.
Article 11 (Scope of Application)
This Act and the Presidential Decree issued in accordance
with this Act shall apply to the government, Seoul Special City,
metropolitan cities, Provinces, Shi, Kun, Ku, Eup, Myon, Dong,
or other equivalents.
Article 12 (Duty to Report and Attend)
An employer or a worker shall, without delay, report on matters
required, or shall present himself, if the Minister of Labor, a
Labor Relations Commission or a Labor Inspector requests to do
so in relation to the enforcement of this Act.
Article 13 (Publicity of Law and Decree, etc.)
(1) An employer shall keep workers informed of the main
points of this Act, and of the Presidential Decree promulgated
pursuant hereto, and the rules of employment by posting or
keeping them at each workplace at all times.
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(2) An employer shall post or keep the provisions and regulations
regarding dormitory, among the provisions and regulations referred
to in paragraph (1), at dormitory concerned, thereby keeping
workers informed thereof.
Article 14 (Definition of Worker)
The term �worker� in this Act means a person engaged in whatever
occupation offering work to a business or workplace (hereinafter
referred to as �business�) for the purpose of earning wages.
Article 15 (Definition of Employer)
The term �employer� in this Act means a business owner, or
a person responsible for management of a business or a person
who works on behalf of a business owner with respect to matters
relating to workers.
Article 16 (Definition of Work)
The term �work� in this Act means both mental and physical
work.
Article 17 (Definition of Labor Contract)
The term �labor contract� in this Act means a contract which
is entered into in order that a worker offers work for which an
employer pays its corresponding wages.
Article 18 (Definition of Wages)
The term �wages� in this Act means wages, salary, and any
other payment to a worker from an employer as remuneration
for work, regardless of the designation by which such payment
is called.
Article 19 (Definition of Average Wages)
(1) The term �average wages� in this Act means the amount
calculated by dividing the total amount of wages paid to the
relevant worker during three calender months prior to the date
on which the event necessitating such calculation occurred by
the total number of calender days during those three calender
months. This shall also apply mutatis mutandis to the employment
of less than three months.
(2) If the amount calculated pursuant to the provisions of
paragraph (1) is lower than the ordinary wages of the worker
concerned, the amount of the ordinary wages shall be deemed
the average wages.
Article 20 (Definition of Contractual Working Hours)
The term �contractual working hours� in this Act means
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working hours on which workers and employers have made an
agreement within the limit of working hours under Article 49
or the text of Article 67, or Article 46 of the Industrial Safety
and Health Act.
Article 21 (Definition of Part-Time Worker)
The term �part-time worker� in this act means an employee
whose contractual working hours per week are shorter than those
of full-time worker engaged in the same kind of job at the pertinent
workplace.
CHAPTER Ⅱ
Labor Contract
Article 22 (Labor Contract contrary to This Act)
(1) A labor contract which establishes conditions of employment
which do not meet the standards provided for in this Act shall
be null and void to that extent.
(2) Those conditions invalidated in accordance with the
provisions of paragraph (1) shall be governed by the standards
provided herein.
Article 23 (Term of Contract)
The term of a labor contract shall not exceed one year,
except in cases where there is no term fixed or a term is fixed
as necessary for the completion of a certain project.
Article 24 (Statement of Terms of Employment)
An employer shall clearly state remuneration, working hours,
and other terms of employment to a worker at a time when a
contract of employment is concluded. In this case, matters as to
each constituent item of remuneration, and the methods of calculation
and payment shall be specified according to the methods prescribed
by the Presidential Decree.
Article 25 (Working Conditions for Part-time Worker)
(1) Working conditions for part-time workers shall be determined
on the basis of relative ratio computed in comparison of their
working hours with those of full-time workers engaged in the
same kind of job at the pertinent workplace.
(2) The criteria or other matters to be considered for the
determination of working conditions under paragraph (1) shall
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be prescribed in the Presidential Decree.
(3) With respect to part-time workers with considerably
short contractual working hours per week as specified by the
Presidential Decree, some provisions of this Act may not apply
as provided for in the Presidential Decree.
Article 26 (Violation of Conditions of Employment)
(1) If any of the conditions of employment set forth in
accordance with Article 24 is found to be inconsistent with the
actual conditions, the worker concerned shall be entitled to
claim damages resulting from the breach of the conditions of
employment or may terminate the labor contract forthwith.
(2) If a worker intends to claim indemnity for damages in
accordance with paragraph (1), he may do so with the Labor
Relations Commission. If a labor contract has been terminated,
an employer shall pay travel expenses to a worker who changes
his residence for the purpose of securing new job.
Article 27 (Prohibition of Predetermination of Nonobservance)
An employer shall not enter into any contract by which a penalty
or indemnity for possible damages incurred from nonobservance
of a labor contract is predetermined.
Article 28 (Prohibition of Offsetting Wages against Advances)
An employer shall not offset wages against an advance or
other credit given in advance on condition that a worker offers
work.
Article 29 (Prohibition of Compulsory Saving)
(1) An employer shall not enter into a contract incidental to
a labor contract which stipulates compulsory savings or the
management of savings.
(2) If an employer is entrusted by a worker to manage his
savings, the said employer shall observe the matters in the
following subparagraphs.
1. The type and period of savings and financial institutions
which manage the savings shall be determined by the
concerned worker and the savings account shall be under
the name of the worker.
2. When the concerned worker requests to see the related
materials such as savings certificate, or have them returned,
the employer shall immediately meet the request.
<Amended by Act No. 5885, Feb. 8, 1999>
Article 30 (Restriction on Dismissal, etc.)
(1) An employer shall not dismiss, lay off, suspend, transfer
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a worker, or reduce wages, or take other punitive measures
against a worker without justifiable reason.
(2) An employer shall not dismiss any worker during a period
of temporary interruption of work for medical treatment of an
occupational injury or disease and within 30 days thereafter; nor
shall any female worker before and after childbirth be dismissed
during a period of temporary interruption of work as provided
herein and within 30 days thereafter; however, if an employer
has paid the lump sum compensation due under Article 87
hereof or is not able to continue his business, this shall not
apply. <Amended by Act No. 5885, Feb. 8, 1999>
(3) Deleted. <Act No. 5885, Feb. 8, 1999>
Article 31 (Restriction on Dismissal for Managerial Reasons)
(1) If an employer wants to dismiss a worker for managerial
reasons, there shall be urgent managerial needs. In such cases
as transfer, acquisition and merger of business which are aimed
to avoid financial difficulties, it shall be deemed that there is an
urgent managerial need.
(2) In the case of paragraph (1), an employer shall make every
effort to avoid dismissal of workers and shall select workers to
be dismissed by establishing rational and fair standards of
dismissal. In such cases, there shall be no discrimination on the
ground of gender.
(3) With regard to the possible methods for avoiding dismissal
and the criteria for dismissal as referred to in paragraph (2), an
employer shall give a notice 60 days prior to dismissal day to a
trade union which is formed by the consent of the majority of
all workers in the business or workplace concerned(or to a person
representing the majority of all workers if such trade union
does not exist, hereinafter referred to as a �workers� representative�)
and have sincere consultation.
(4) When an employer intends to dismiss more than a
certain number of workers which is defined by the Presidential
Decree under the conditions as referred to in paragraph (1),
he/she shall report it to the Minister of Labor as determined by
the Presidential Decree.
(5) In cases where an employer has dismissed workers in
accordance with the requirements as stipulated in paragraphs (1)
to (3), it shall be deemed that the dismissal concerned is made
based on the justifiable reasons in accordance with paragraph
(1) of Article 30. <This Article Wholly Amended by Act No. 5510,
Feb. 20, 1998>
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Article 31-2 (Preferential Re-employment, etc.)
(1) When an employer who dismissed workers under Article
31 intends to recruit workers within 2 years from the day of
dismissal, he/she shall make efforts to rehire workers dismissed
under Article 31 if such workers desire, taking into account of
the previous position, etc., of such workers.
(2) The government shall place the first priority in order to
take measures such as securing livelihood, reemployment and
vocational training, etc., for workers dismissed under Article 31.
<This Article Newly Inserted by Act No. 5510, Feb. 20, 1998>
Article 32 (Advance Notice of Dismissal)
(1) An employer shall give an advance notice to a worker at
least thirty days before dismissal(including dismissal for managerial
reasons). If the notice is not given thirty days before the
dismissal, normal wages for more than thirty days shall be paid
to the worker, except in cases, prescribed by the Ordinance of
the Ministry of Labor, where it is impossible to continue a business
because of natural disaster, calamity, or other unavoidable causes,
or where a worker has caused considerable difficulties to a
business, or damage to properties on purpose. <Amended by Act
No. 5885, Feb. 8, 1999>
(2) Deleted. <Act No. 5885, Feb. 8, 1999>
Article 33 (Application for Remedy for Unfair Dismissal, etc.)
(1) If a worker is dismissed, laid off, suspended, transferred,
or subject to other punitive actions or has his salary reduced by
an employer without justifiable reason, the worker may request
a remedy for it to the Labor Relations Commission.
(2) In relation to the procedures of the application for remedy
and investigation, the provisions of Articles 82 to 86 of the
Trade Union and Labor Relations Adjustment Act shall be applied
mutatis mutandis, except for paragraph (5) of Article 85.
Article 34 (Severance Pay System)
(1) An employer shall establish a severance pay system whereby
an average wage of more than 30 days shall be paid for each
year of consecutive years employed as a severance pay to a
retired worker; however, if the worker was employed for less
than one year, this shall not apply.
(2) In establishing the severance pay system stipulated in
paragraph (1), a differential severance pay system shall not be
permitted within one business.
(3) An employer may, at the request of workers, pay severance
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pay in advance for the period of continuous employment of the
worker concerned by adjusting the balances of remunerations
before his retirement, irrespective of the provisions of paragraph
(1). In this case, the number of years of continuous employment
for the computation of severance pay shall be counted anew
from the moment the latest adjustment of balances has been
made.
(4) In cases where an employer has enrolled in pension
insurance program for retirees or a retirement lump sum payment
trust as prescribed by the Presidential Decree(hereinafter referred
to as �pension insurance, etc.�) for workers, whereby workers,
as the insured or a beneficiary, receive lump sum payment at
the time of retirement, or draw their pensions, it shall be
deemed that the employer has set up a severance pay scheme
in accordance with paragraph (1). The amount of lump sum by
the retirement insurance, etc., however, shall not be smaller
than that of severance pay pursuant to paragraph (1).
<Amended by Act No. 5473, Dec. 24, 1997>
Article 35 (Exception of Advance Notice of Dismissal)
The provisions of Article 32 shall not apply to workers who
fall within each of the following subparagraphs:
1. a worker who has been employed on a daily basis for
less than three consecutive months;
2. a worker who has been employed for a fixed period not
exceeding two months;
3. a worker who has been employed as a monthly-paid worker
for less than six months ;
4. a worker who has been employed for seasonal work for
a fixed period not exceeding six months; and
5. a worker in a probationary period
Article 36 (Liquidation of Money and Valuables)
If a worker dies or retires, an employer shall pay the wages,
compensations, and other money or valuables within 14 days
after the cause for such payment has occurred; however, the
period, under special circumstances, may be extended by the
mutual agreement between the parties concerned.
Article 37 (Preferential Reimbursement for Claim of Wages)
(1) Wages, severance pay, accident compensation and other
claims arising from employment shall be paid in preference to
taxes, public levies, or other claims except for certain claims
secured by pledges or mortgages as to the total property of an
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employer; however, this shall not apply to taxes or public levies
which take precedence over pledges or mortgages.
(2) Notwithstanding the provisions of paragraph (1), the
claims which fall under the following subparagraphs shall be
paid in preference to any obligation, taxes, public levies and
other claims secured by pledges or mortgages as to the total
property of an employer: <Amended by Act No. 5473, Dec. 24,
1997>
1. Wages of the final three months;
2. Severance pay of the final three years; and
3. Accident compensation.
(3) The severance pay stipulated in the paragraph (2) 2 shall
be the amount which is calculated by the average wages of 30
days for one continuous work year. <Newly Inserted by Act No.
5473, Dec. 24, 1997>
Article 38 (Certificate of Employment)
(1) If an employer has been requested by a worker to issue
a certificate specifying term of employment, job specification,
title and wages or other necessary information even after the
retirement of the worker, he shall immediately prepare based
upon fact and deliver the certificate.
(2) The certificate referred to in paragraph (1) shall only
contain the items that the worker concerned has requested.
Article 39 (Prohibition of Interference with Employment)
Anyone shall not prepare and use secret signs or lists, or
have communication for the purpose of interfering with employment
of a worker.
Article 40 (Register of Workers)
(1) An employer shall prepare a register of workers by workplace,
including name, birth date, personal history and other items
relating to workers as provided for by the Presidential Decree.
(2) If there is any change in the items prescribed in paragraph
(1), correction shall be made without delay.
Article 41 (Preservation of Documents regarding Contract)
An employer shall preserve a register of workers and other
important documents regarding labor contract provided for by
the Presidential Decree for three years.
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CHAPTER Ⅲ
Wages
Article 42 (Payment of Wages)
(1) Payment of wages shall be directly made in full to
worker in cash; however, if otherwise stipulated by special
provisions of laws or decrees or a collective agreement, wages
may partially be deducted or may be paid by other than cash.
(2) Wages shall be paid more than once per month on a
fixed day; however, this shall not apply to extraordinary wages,
allowances, or any other similar payment or those wages provided
for by the Presidential Decree.
Article 43 (Payment of Wages in Subcontract Business)
(1) If a business is operated based upon several tiers of
subcontracting and a subcontractor has failed to pay wages to
workers because of a cause attributable to an immediate preceding
contractor, the immediate preceding contractor shall be responsible
thereof along with the subcontractor concerned.
(2) The scope of the cause attributable to the immediate
preceding contractor referred to in paragraph (1) shall be determined
by the Presidential Decree.
Article 44 (Emergency Payment)
An employer shall advance partial payments of wages for
the work offered even prior to payday, if a worker requests to
do so in order to meet the expenses incurred from childbirth,
disease, disaster or any other cases of emergency which are
provided for in the Presidential Decree.
Article 45 (Pay for Suspension of Business)
(1) If a business is suspended for reasons attributable to an
employer, the employer shall pay to workers concerned remuneration
of more than seventy percentage points of average remuneration
during the period of suspension of the business. If the amount
equivalent to seventy percentage points of average remuneration
exceeds normal remuneration, the normal remuneration may be
paid for the business suspension.
(2) Notwithstanding the provisions of paragraph (1), an employer
who cannot continue the business operation for unavoidable
reason may, with the approval of the Labor Relations Commission,
pay remuneration lower than the standards stipulated in paragraph
(1) for the suspension of business.
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Article 46 (Subcontract Workers)
For those workers who are employed for subcontract or
other equivalent system, an employer shall guarantee a certain
amount of remuneration in proportion to their actual working
hours.
Article 47 (Wage Ledger)
An employer shall prepare a wage ledger for each workplace
and enter the matters which serve as a basis for determining
wages and family allowances, the amount of wages and other
matters as provided for by the Presidential Decree at each time
of payment.
Article 48 (Prescription of Wages)
A claim for wages under the provisions of this Act shall be
terminated because of prescription, if not exercised within three
years.
CHAPTER Ⅳ
Working Hours and Recess
Article 49 (Working Hours)
(1) Working hours per week shall not exceed forty-four hours
excluding recess hours.
(1) Working hours per week shall not exceed forty hours
excluding recess hours. <Amended by Act No. 6974, Sep. 15,
2003>
(2) Working hours per day shall not exceed eight hours
excluding recess hours.
Article 50 (Flexible Working Hour System)
(1) An employer may have a worker work for a specific
week in excess of working hours prescribed in Article 49(1), or
for a specific day in excess of working hours prescribed in
Article 49(2), on condition that average working hours per week
in a certain unit period of not more than two weeks do not
exceed working hours under Article 49(1) in accordance with
rules of employment(or in accordance with rules or regulations
equivalent thereto): Provided that working hours in any particular
week shall not exceed forty-eight hours.
(2) When an employer reaches an agreement with the workers�
representative, in writing, on the following items, an employer may have
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a worker work for a specific week in excess of working hours pursuant
to Article 49(1), or for a specific day in excess of working hours
pursuant to Article 49(2), on condition that average working hours
per week in a certain unit period of not more than one month do not
exceed working hours under Article 49(1). However, working hours for a
specific week, and for a specific day shall not exceed fifty-six hours
and twelve hours respectively:
(2) When an employer reaches an agreement with the workers�
representative, in writing, on the following items, an employer
may have a worker work for a specific week in excess of
working hours pursuant to Article 49(1), or for a specific day in
excess of working hours pursuant to Article 49(2), on condition
that average working hours per week in a certain unit period
of not more than three months do not exceed working hours
under Article 49(1). However, working hours for a specific week,
and for a specific day shall not exceed fifty-two hours and
twelve hours respectively: <Amended by Act No. 6974, Sep. 15,
2003>
1. scope of workers subject to this paragraph;
2. unit period (a unit period not exceeding one month);
2. unit period (a unit period not exceeding three months);
<Amended by Act No. 6974, Sep. 15, 2003>
3. working days in a unit period and working hours for
each working day; and
4. other matters prescribed by the Presidential Decree.
(3) The provisions of paragraphs (1) and (2) shall not apply
to workers aged fifteen or older and less than eighteen, and
pregnant female workers.
(4) If an employer needs to have a worker work in accordance
with the provisions of paragraphs (1) and (2), the employer
shall prepare measures to ensure that the existing wage level is
not lowered.
(5) Deleted. <Act No. 5885, Feb. 8, 1999>
Article 51 (Selective Working Hour System)
If an employer has made a written agreement on each of
the following subparagraphs with representatives of workers
regarding a worker who is entrusted with the decision to begin
and finish works in accordance with rules of employment(including
those equivalent to rules of employment), the employer may
have workers work in excess of working hours per week set by
paragraph (1) of Article 49, or per day set by paragraph (2) of
Article 49 on condition that average working hours per week
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computed on the basis of adjustment period of balances within
one month do not exceed the working hours stipulated in
paragraph (1) of Article 49:
1. scope of workers subject to this paragraph (excluding
workers between the age of fifteen and of eighteen);
2. adjustment period of balances (a specific period within
one month);
3. total working hours within an adjustment period of balances;
4. starting and finishing time of working hours, during
which works must be provided;
5. starting and finishing time of working hours which are
allowed to be selected by workers; and
6. other matters as determined by the Presidential Decree.
Article 52 (Restriction on Extended Works)
(1) If the parties concerned reach agreement, working hours
stipulated in Article 49 may be extended up to twelve hours
per week.
(2) If the parties concerned reach agreement, working hours
stipulated in Article 50 may be extended up to twelve hours
per week, and working hours pursuant to Article 51 may be
extended up to twelve hours per week averaged during a
period of adjustment of balances pursuant to subparagraph 2 of
Article 51.
(3) Under special circumstances, an employer may extend
working hours as provided for in paragraphs (1) and (2) with
the approval of the Minister of Labor and consent of workers;
however, the employer shall immediately obtain the approval of
the Minister of Labor ex post facto, if a situation is so urgent
that time is not available to obtain such approval.
(4) If the Minister of Labor finds that the extension of working
hours in accordance with Paragraph (3) is not appropriate, he
may order an employer to allow recess or day-off afterwards
equivalent to the extended working hours.
Article 53 (Recess Hours)
(1) An employer shall allow a recess period of more than
30 minutes for every 4 working hours and more than 1 hour
for every 8 working hours during the working hours.
(2) A recess period may be freely used by workers.
Article 54 (Holidays)
An employer shall allow a worker more than one-day holiday
with pay per week on the average.
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Article 55 (Extended Work, Night Work and Holiday Work)
An employer shall pay additional remuneration of more
than fifty percentage points of normal remuneration for extended
works (extended works as set forth in the provisions of Articles
52 and 58, and the proviso of Article 67) and night works
(works provided from 10 p.m. to 6 a.m.), Sunday or public holiday
works.
Article 55-2 (System of Using Leave as Compensation)
An employer may, instead of paying additional wages, grant
the leave to worker to compensate for the extended, night and
holiday work prescribed in Article 55 according to a written
agreement with workers� representatives.<Newly Inserted by Act
No. 6974, Sep. 15, 2003>
Article 56 (Special Provisions for Computation of Working Hours)
(1) If it is difficult to compute working hours because a
worker carries out his duty in whole or in part outside the
workplace in order to do business or for other reasons, it shall
be deemed that the worker concerned has worked during
contractual working hours. However, in cases where a worker
needs to work in excess of contractual working hours ordinarily
required for the performance of the work, it shall be deemed
that he has worked during the normal working hours required
for the performance of the work concerned.
(2) Irrespective of the proviso of paragraph (1), if an employer
and the representative of workers have agreed, in writing, on
the works concerned, it shall be deemed that the working hours
set by the agreement are the working hours necessary for the
performance of the works concerned.
(3) In the case of works designated by the Presidential Decree
as those works which need, in the light of their characteristics,
worker�s discretion with regard to the ways to perform the
works concerned, it shall be deemed that the works have been
provided for such working hours as determined by a written
agreement between the employer and the representative of
workers. In this case, the written agreement shall contain each
of following subparagraphs:
1. provisions as to works to be provided;
2. provisions in which the employer would not give directions
to the worker regarding how to perform, and how to allocate
working hours; and
3. provisions in which the computation of working hours
shall be determined by the written agreement concerned.
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(4) Deleted. <Act No. 5885, Feb. 8, 1999>
(5) Other matters which are required to implement the
provisions of paragraphs (1) and (3) shall be determined by the
Presidential Decree.
Article 57 (Monthly Leave with Pay)
(1) An employer shall allow one day�s leave with pay per month.
(2) The paid leave in accordance with paragraph (1) may be used
by a worker, of his own free will, either by accumulating or dividing
it within one year.
Article 57 (Monthly Leave with Pay)
Deleted. <by Act No. 6974, Sep. 15, 2003>
Article 58 (Special Provisions as to Working and Recess Hours)
(1) An employer who runs a business which falls into any
of the following subparagraphs, if the employer has agreed, in
writing, with the representative of workers, may have workers
work in excess of twelve hours per week stipulated in Article
52(1) or may change recess hours pursuant to Article 53:
1. Transportation business, goods sales and storage business,
finance and insurance business;
2. Movie production and entertainment business, communication
business, educational study and research business, advertising
business;
3. Medical and sanitation business, hotel and restaurant business,
incineration and cleaning business, barber and beauty
parlor business; and
4. businesses determined by the Presidential Decree in
consideration of the character of a business and public
conveniences
(2) Deleted. <Act No. 5885, Feb. 8, 1999>
Article 59 (Annual Paid Leave)
(1) An employer shall grant 10 days� leaves with pay to workers
who have offered work without an absence throughout a year and 8
days� leaves with pay to those who have registered more than 90
percent of attendance during one year.
(1) An employer shall grant 15 days� paid leave to worker
who has registered more than 80 percent of attendance during
one year. <Amended by Act No. 6974, Sep. 15, 2003>
(2) An employer shall offer a worker who is employed more than
two consecutive years one day�s paid leave for each year of consecutive
employment years, in forth in paragraph (1). However, if the total
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number of leaves exceeds twenty days, normal wages may be paid for
the number of days in excess of twenty days, in place of paid leaves.
(2) An employer shall grant one day�s paid leave per month
to a worker the number of whose consecutive service years is
less than one year, if the worker has offered work without an
absence throughout a month. <Amended by Act No. 6974, Sep. 15,
2003>
(3) An employer shall grant the leave with pay in accordance
with paragraphs (1) and (2) when requested by a worker, and shall
pay normal wages or average wages for the leave period as provided
for in the rules of employment or other provisions; however, the
period concerned may be altered, if it would be a serious impediment
to the operation of the business to grant a leave(s) with pay at a
time when a worker requests.
(3) In case an employer grants a worker paid leave for the
first one year of his/her service, the number of leave days shall
be 15 including the leave prescribed in Paragraph (2), and if
the worker has already used the leave prescribed in Paragraph
(2), the number of used leave days shall be deducted from the
15 days of leave. <Amended by Act No. 6974, Sep. 15, 2003>
(4) The period of temporary interruption of work resulting from
an occupational injury or disease, or the period of temporary
interruption of work before and after childbirth for female workers in
accordance with Article 72, shall be regarded as equivalent to the
performance of work without interruption in application of the
provisions of paragraph (1).
(4) After the first year of service, an employer shall grant
one day�s paid leave for each two years of consecutive service
in addition to the leave prescribed in Paragraph (1) to a worker
who has worked consecutively for 3 years or more. In this case,
the total number of leave days including the additional leave
shall not exceed 25. <Amended by Act No. 6974, Sep. 15, 2003>
(5) The paid leave referred to in paragraphs (1) and (2) shall be
forfeited unless it is consumed within one year. However, this shall
not apply if a worker has been prevented from using annual paid
leaves due to the causes attributable to an employer.
(5) An employer shall grant paid leave pursuant to Paragraphs
(1) through (4) upon request of a worker, and shall pay
ordinary wages or average wages during the period of leave in
accordance with employment rules or other regulations : Provided
that the period concerned may be altered, in case it might
cause a serious impediment to the operation of the business to
grant paid leave at a time when the worker requests.
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<Amended by Act No. 6974, Sep. 15, 2003>
(6) In applying Paragraphs (1) through (3), the period during
which a worker cannot work due to occupational injuries or
diseases, or the period of child birth leave pursuant to Article
72 shall be regarded as a period of attendance. <Amended by
Act No. 6974, Sep. 15, 2003>
(7) The leave referred to in Paragraphs (1) through (4) shall
be forfeited if not used within one year : Provided that this
shall not apply in case where the worker concerned has been
prevented from using the leave due to any cause attributable to
the employer. <Amended by Act No. 6974, Sep. 15, 2003>
Article 59-2 (Promoting the Use of Annual Paid Leave)
If because a worker does not use leave notwithstanding the
fact that an employer takes measures falling under any of the
following subparagraphs to promote the use of paid leave prescribed
in Article 59 (1), (3) and (4), his/her leave has been forfeited
pursuant to Article 59 (7), the employer shall has no obligation
to compensate the worker for unused leave, and this is not
considered any cause attributable to the employer under the
proviso of Article 59 (7):
1. Within the first 10 days of the three months before
unused leave is forfeited pursuant to Article 59 (7), an
employer shall notify each worker of the number of
his/her unused leave days and urge them in writing to
decide when they use the leave and to inform the
employer of the decided leave period; and
2. In case notwithstanding the urging prescribed in Subparagraph
(1), a worker has failed to decide when he/she uses whole
or part of the unused leave and to inform the employer
of the decided leave period within 10 days after they
were urged, an employer shall decide when the worker
uses the unused leave and notify the worker of the
decided leave period in writing no later than 2 months
before the unused leave is forfeited pursuant to Article 59
(7). <Newly Inserted by Act No. 6974, Sep. 15, 2003>
Article 60 (Substitution of Paid Leave)
An employer may have workers take paid leave on a particular
working day in substitution for the monthly paid leave under Article
57, or the annual paid leave under Article 59, if the employer and
the representative of workers have reached agreement in writing.
Article 60 (Substitution of Paid Leave)
An employer may have workers take paid leave on a particular
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working day in substitution for the annual paid leave under
Article 59, if the employer and the representative of workers
have reached agreement in writing. <Amended by Act No. 6974,
Sep. 15, 2003>
Article 61 (Exceptions to Application)
The provisions of this Chapter and Chapter V as to working
hours, recess, and holidays shall not be applied to workers who
fall within each of the following subparagraphs:
1. cultivation of arable land, reclamation work, seeding and
planting, gathering or picking-up or other agricultural
and forestry work;
2. livestock breeding, catch of marine animals and plants,
cultivation of marine products or other cattle-breeding,
sericulture and fishery business;
3. a worker who is engaged in surveillance or intermittent
work, and whose employer has obtained the approval of
the Minister of Labor;
4. workers engaged in such business as provided for in the
Presidential Decree.
CHAPTER V
Females and Minors
Article 62 (Minimum Age and Employment Permit)
(1) A person under the age of 15 shall not be employed as
a worker: Provided that this shall not apply to a person with
an employment permit issued by the Minister of Labor in
accordance with the criteria determined by Presidential Decree.
<Amended by Act 6507, Aug. 14, 2001>
(2) The employment permit referred to in paragraph (1) may
be issued at the request of the person himself only by designating
the type of occupation in which he is engaged, Provided that
such employment will not impede compulsory education.
Article 63 (Prohibition of Employment)
(1) An employer shall not have a female in pregnancy or
with less than one year after childbirth(hereinafter referred to as
�pregnant female�) and those aged less than 18 work in hazardous
and dangerous business in terms of morality or health.
(2) An employer shall not have a female aged 18 or older
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who is not pregnant work in the business that is hazardous
and dangerous to their pregnancy or childbirth among the
hazardous and dangerous business in terms of health pursuant
to paragraph (1).
(3) The occupations prohibited pursuant to paragraphs (1)
and (2) shall be determined by Presidential Decree.
<Amended by Act No. 6507, Aug. 14, 2001>
Article 64 (Minor Certificate)
For each minor worker under 18, an employer shall keep at
each workplace a copy of the census register testifying to his
age and a written consent of his parent or guardian.
Article 65 (Labor Contract)
(1) Neither parent nor guardian shall enter into a labor
contract on behalf of a minor.
(2) Parent and guardian of a minor, or the Minister of Labor
may terminate a labor contract, if a labor contract may be
deemed disadvantageous to the minor.
Article 66 (Claim for Wages)
A minor may claim his wages in his own right.
Article 67 (Working Hours)
Working hours of a person aged between 15 and 18 shall
not exceed seven hours per day and forty-two hours per week:
Provided that if the parties concerned have reached agreement,
the working hours may be extended up to an hour per day, or
six hours per week.
Article 67 (Working Hours)
Working hours of a person aged between 15 and 18 shall
not exceed seven hours per day and forty hours per week:
Provided that if the parties concerned have reached agreement,
the working hours may be extended up to an hour per day, or
six hours per week. <Amended by Act No. 6974, Sep. 15, 2003>
Article 68 (Restriction on Night Work and Holiday Work)
(1) When an employer intends to have a female aged 18 or
older work from 10 P.M. to 6 A.M and on holiday, the employer
shall obtain the consent of the female concerned.
(2) An employer shall not have a pregnant female and one
aged less than 18 work from 10 P.M to 6 A.M. and on holiday,
provided however, that if the employer obtains permission from
the Minister of Labor for the cases in the following subparagraphs,
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this provision shall not apply.
1. In case there is a consent from one aged less than 18
2. In case there is a consent from a female with less than
one year after childbirth
3. In case a female in pregnancy requests
(3) An employer, before obtaining permission from the
Minister of Labor as stipulated in paragraph (2), shall consult in
earnest with a workers󰡑􀀠representative of the business or workplace
concerned as to whether there will be night work or holiday
work and its implementation methods for workers� health and
maternity protection.
<Whole Article Amended by Act No. 6507, Aug. 14, 2001>
Article 69 (Overtime Work)
An employer shall not have, a female with less than one
year after childbirth, work overtime exceeding 2 hours per day,
6 hours per week, and 150 hours per year, even if provided for
in a collective agreement. <Amended by Act No. 6507, Aug. 14,
2001>
Article 70 (Prohibition of Work Inside Pit)
An employer shall not have a female or minor under the
age of 18 do any work inside a pit, provided, however, that
this shall not apply when the work is temporarily needed to
perform the business as determined by Presidential Decree such
as health, medicine, news report, news coverage, etc. <Amended
by Act No. 6507, Aug. 14, 2001>
Article 71 (Menstruation Leave)
An employer shall allow a female worker one day�s menstruation
leave with pay per month.
Article 71 (Menstruation Leave)
An employer shall, if requested by a female worker, grant
her one day�s menstruation leave per month. <Amended by Act
No. 6974, Sep. 15, 2003>
Article 72 (Protection of Health of Pregnant Female)
(1) An employer shall allow a pregnant female worker 90
days of maternity leave before and after childbirth. In such
case, 45 days or more shall be allocated after the childbirth.
(2) Of the maternity leave pursuant to paragraph (1), the
first 60 days� leave shall be with pay.
(3) An employer shall not have a female worker in pregnancy
work overtime, and, if there is a request from the concerned
- 167 -
worker, shall transfer the worker to other light or easy work.
<Amended by Act No. 6507, Aug. 14, 2001>
Article 73 (Nursing Hours)
A female worker who has an infant under twelve months
shall be allowed to take more than 30 minutes of each nursing
period twice a day.
Article 74
Deleted. <Act No. 5885, Feb. 8, 1999>
Article 75
(1) Deleted. <Act No. 5885, Feb. 8, 1999>
(2) Deleted. <Act No. 5885, Feb. 8, 1999>
CHAPTER Ⅵ
Safety and Health
Article 76 (Safety and Health)
The safety and health of workers shall be subject to the
conditions as prescribed in the Industrial Safety and Health Act.
CHAPTER Ⅶ
Apprenticeship
Article 77 (Prohibition of Abuse of Apprentice)
An employer shall not abuse workers in training or workers
on probation or any other apprentice whose purpose is to
acquire a technical skill, and shall not assign to them domestic
works or other works which are not related to the acquirement
of technical skill.
Article 78
(1) Deleted. <Act No. 5885, Feb. 8, 1999>
(2) Deleted. <Act No. 5885, Feb. 8, 1999>
(3) Deleted. <Act No. 5885, Feb. 8, 1999>
Article 79
Deleted. <Act No. 5885, Feb. 8, 1999>
- 168 -
Article 80
Deleted. <Act No. 5885, Feb. 8, 1999>
CHAPTER Ⅷ
Accident Compensation
Article 81 (Medical Treatment Compensation)
(1) An employer shall provide necessary medical treatment at
his own expense or bear corresponding expenses for a worker
who suffers from an occupational injury or disease.
(2) The scope of occupational disease or medical treatment
referred to in paragraph (1) shall be determined by the Presidential
Decree.
Article 82 (Compensation for Suspension of Work)
An employer shall provide a worker undergoing medical
treatment as provided for in Article 81 with compensation for
the suspension of work due to the occupational injury or disease
equivalent to 60 percent of the average wages during the period
of medical treatment.
Article 83 (Compensation for the Handicapped)
If a worker remains handicapped even after finishing treatment
for an occupational injury or disease, an employer shall provide
the handicapped worker, according to the level of disability,
with compensation equivalent to the sum of the average wages
multiplied by the number of days provided for in the attached
table.
Article 84 (Exceptions to Articles 82 and 83)
If a worker suffers from an occupational injury or disease
due to his own gross negligence, and an employer obtains the
acknowledgment of the Labor Relations Commission for that
negligence, the employer may not provide compensation for the
suspension of work or compensation for handicap.
Article 85 (Compensation for Survivors)
If a worker dies with regard to the performance of his duty,
an employer shall provide survivor�s compensation equivalent to
average wages of 1,000 days to a surviving family.
Article 86 (Funeral Expenses)
If a worker dies with regard to the performance of his duty,
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an employer shall provide funeral expenses equivalent to the
average wage of 90 days.
Article 87 (Lump Sum Compensation)
If a worker receiving compensation in accordance with Article
81 has not completely recovered from the said occupational
injury or disease even after a lapse of two years since the medical
care began, the employer may be exonerated from any further
obligation to grant compensation under this Act thereafter by
providing a lump sum compensation equivalent to the average
wages of 1,340 days.
Article 88 (Installment Compensation)
If an employer proves his ability to pay compensation, and has
obtained the consent of a recipient, he may pay the compensation
stipulated in the provisions of Article 83, 85 or 87 by installments
during one year.
Article 89 (Claim for Compensation)
A claim for compensation shall not be changed due to retirement
and shall not be transferred nor be confiscated.
Article 90 (Relationship with Other Damage Claims)
If a person to receive compensation has received money or
other valuables corresponding to accident compensation stipulated
in this Act in accordance with the Civil Code, other laws or
decrees for the same reason, the employer shall be exonerated
from any obligation of compensation to the extent of the said
value received.
Article 91 (Reappraisal and Arbitration of the Minister of Labor)
(1) If a person has an objection to the judgement of occupational
injury, disease or death, methods of medical care, determination
of a compensation or any other issue regarding compensation,
the person concerned may request the Minister of Labor to
reappraise or arbitrate the case.
(2) If a request stipulated in paragraph (1) is filed, the Minister
of Labor shall reappraise or arbitrate the case within one month.
(3) The Minister of Labor may reappraise or arbitrate a
dispute ex officio, if necessary.
(4) The Minister of Labor may have a doctor diagnose or
examine the worker concerned, if it is deemed necessary for
reappraisal or arbitration.
(5) With regard to interruption of prescription, the request
for reappraisal or arbitration in accordance with paragraph (1)
- 170 -
and the commencement of reappraisal or arbitration pursuant to
paragraph (2) shall be regarded as a claim by way of judicial
proceedings.
Article 92 (Reappraisal and Arbitration of Labor Relations Commission)
(1) If reappraisal or arbitration has not been made within
the period set forth in paragraph (2) of Article 91, or if a person
is dissatisfied with the result of reappraisal or arbitration, a
request may be filed with the Labor Relations Commission for
reappraisal or arbitration.
(2) If a request is filed in accordance with paragraph (1),
the Labor Relations Commission shall reappraise or arbitrate the
case within one month.
Article 93 (Exception to Subcontracted work)
(1) If a business is operated based upon several tiers of
subcontracts, a primary contractor shall be regarded as an
employer with regard to accident compensation.
(2) With regard to paragraph (1), if a subcontractor is supposed
to pay compensation by a written agreement with a primary
contractor, the subcontractor shall also be regarded as an
employer; however, the primary contractor shall not be allowed
to have more than two subcontractors bear overlapping compensation
for the same business.
(3) With regard to paragraph (2), if the primary contractor
has been requested to provide compensation, he may ask an
applicant to demand compensation first from the subcontractor
who has agreed to have responsibility for such compensation.
However, this shall not apply if the subcontractor concerned is
missing or is adjudged bankrupt.
Article 94 (Documents to be kept)
An employer shall keep important documents concerning
accident compensations for two years.
Article 95 (Prescription)
A claim for accident compensation in accordance with this
Act shall be forfeited because of prescription, if not exercised
within three years.
- 171 -
CHAPTER Ⅸ
Rules of Employment
Article 96 (Preparation and Submission of Rules of Employment)
An employer ordinarily employing more than ten workers
shall prepare the rules of employment concerning the following
matters and submit it to the Minister of Labor. If any amendment
to the rules of employment occurs, the same procedures shall
also be taken:
1. matters pertaining to the starting and finishing time of
work, recess hours, holidays, leaves and shifts;
2. matters pertaining to the determination of wages, calculation
of wages, means of payment, closing of payment, time of
payment and wage increase;
3. matters pertaining to calculation of family allowances and
means of payment;
4. matters pertaining to retirement;
5. matters pertaining to retirement allowance, bonuses and
minimum wages;
6. matters pertaining to meal allowance and expenses of
operational tool or necessities and other expenses;
7. matters pertaining to education facilities for workers;
8. matters pertaining to safety and health;
9. matters pertaining to support for occupational or nonoccupational
accidents;
10. matters pertaining to award and punishment; and
11. other matters applicable to all workers of the business
concerned.
Article 97 (Procedures for Preparation of and Amendment to Rules
of Employment)
(1) An employer shall seek the opinions of a trade union, if
there is a trade union composed of the majority of the workers
in the workplace concerned, or the opinions of the majority of
workers if there is no trade union composed of the majority of
the workers, with regard to the preparation of and amendment
to the rules of employment. Provided, however, that the rules
of employment are modified unfavorably to workers, the
employer shall obtain workers� consent.
(2) When an employer submits the rules of employment in
accordance with the provisions of Article 96, a written document
containing the opinions referred to in paragraph (1) shall be
attached.
- 172 -
Article 98 (Limitation on Punishment)
If a punitive reduction in wages for a worker is stipulated
in the rules of employment, the reduction amount for each
infraction shall not exceed half of one day�s average wages, and
the total amount of reduction shall not exceed one-tenth of the
total amount of wages at each time of wages payment.
Article 99 (Observance of Collective Agreement)
(1) The rules of employment shall not conflict with laws or
decrees or a collective agreement applicable to the workplace
concerned.
(2) The Minister of Labor has the authority to order the
amendment to the rules of employment which is deemed to
conflict with laws or decrees or a collective agreement.
Article 100 (Effect of Violation)
If a labor contract includes employment conditions which
are below the standards stipulated in the rules of employment,
such nonconformity shall be null and void. In this case, the
invalidated provisions shall be governed by the standards provided
for in the rules of employment.
CHAPTER X
Dormitory
Article 101 (Protection of Dormitory Life)
(1) An employer shall not interfere with the private life of a
worker lodging in a dormitory annexed to a business.
(2) An employer shall not interfere with the election of staff
required for the autonomous management of a dormitory.
Article 102 (Preparation of and Amendment to Dormitory Rules)
(1) An employer who wants to board his workers in a
dormitory annexed to a business shall prepare the dormitory
rules concerning the following matters.: <Amended by Act No.
5885, Feb. 8, 1999>
1. matters pertaining to getting-up and sleeping, going-out
and overnight stay;
2. matters pertaining to events;
3. matters pertaining to meals;
4. matters pertaining to safety and health;
5. matters pertaining to maintenance of buildings and facilities;
and
- 173 -
6. other matters applicable to all boarding members.
(2) An employer shall obtain the consent of the representative
who represents a majority of the boarding members with regard
to the preparation of and amendment to the dormitory rules
stipulated in paragraph (1).
(3) Deleted. <Act No. 5885, Feb. 8, 1999>
(4) Both an employer and boarding member shall comply
with the dormitory rules.
Article 103 (Measures for Safety and Health)
(1) An employer shall take measures necessary for the
maintenance of the health, morals and lives of the members
who are lodged in a dormitory annexed to the business.
(2) The standards for the measures to be taken in accordance
with the provisions of paragraph (1) shall be provided for by
the Presidential Decree.
CHAPTER XI
Labor Inspectors, etc.
Article 104 (Supervisory Authorities)
(1) The Ministry of Labor and its subordinate offices shall
have a labor inspector to ensure the standards of the conditions
of employment.
(2) Matters concerning the qualification, appointment, dismissal,
job specification, and assignment of a labor inspector shall be
provided for by the Presidential Decree.
Article 105 (Authority of Labor Inspectors)
(1) A labor inspector has the authority to inspect a workplace,
dormitory and other annexed buildings, to request presentation
of books and documents, and to question both an employer and
workers.
(2) A labor inspector who is a medical doctor or a medical
doctor designated by a labor inspector has the authority to
conduct medical examinations of workers who appear to suffer
from disease which precludes his continuous employment.
(3) With regard to paragraphs (1) and (2), a labor inspector
or a medical doctor designated by a labor inspector shall present
his identification card and a letter of order for medical
examination issued by the Minister of Labor before performing
- 174 -
his duty.
(4) With regard to a letter of order for inspection or medical
examination prescribed in paragraph (3), a date, time, place and
scope shall be clearly stated therein.
(5) A labor inspector shall have the authority to perform the
official duties of judicial police in accordance with the Act
relating to Persons to Perform Duties of Judicial Police and
Scope of their Duties with regard to the crimes in violation of
this Act or other laws or decrees pertaining to labor affairs.
Article 106 (Duty of Labor Inspector)
A labor inspector shall not disclose any confidential matter
which he learns through the course of performing his official
duty. The same shall be applied after he is retired.
Article 107 (Report to Supervisory Authorities)
(1) Workers may report to the Minister of Labor or a labor
inspector if any violation of the provisions under this Act or
the Presidential Decree promulgated pursuant hereto occurs at a
workplace.
(2) An employer shall not dismiss or unfairly treat the
worker for making such report as provided for in paragraph (1).
Article 108 (Limit of Judicial Police Duty)
Only public prosecutors and labor inspectors shall be able to
inspect, request the presentation of documents, question and
conduct any other investigation, in accordance with this Act and
other laws or decrees pertaining to labor affairs; however, this
shall not be applied to an investigation into an offense or a
crime committed by a labor inspector in the course of performing
his official duty.
Article 109 (Delegation of Authority)
The authority of the Minister of Labor under this Act may
be delegated, in part, to a chief of a regional labour authority
in accordance with the Presidential Decree.
CHAPTER Ⅻ
Penal Provisions
Article 110 (Penal Provisions)
A person who has violated the provisions of Article 6, 7, 8,
- 175 -
30(1) and (2), or 39 shall be punished by imprisonment for less
than five years or by a fine not exceeding thirty million won.
Article 111 (Penal Provisions)
A labor inspector who has willfully connived at contravention
of the provisions of this Act shall be punished by imprisonment
for less than three years or suspension of civil rights for less
than five years.
Article 112 (Penal Provisions)
A person who has violated the provisions of Article 36, 42,
43, 45, 55, 63 or 70 shall be punished by imprisonment for less
than three years or by a fine not exceeding twenty million won.
Article 113 (Penal Provisions)
Any person falling under any of the following subparagraphs
shall be punished by imprisonment for less than two years, or
by a fine not exceeding ten million won:
1. A person who has violated Article 9, 29(1), 32, 34(1) or (2),
49, 52(1) or (2) or the text of Article 52(3), Article 53, 54,
57(1), 59(1) or (3), 62, 67, 68(1) or (2), 69, 72, 73, 81, 82,
83, 85, 86, or 107(2); <Amended by Act No. 6507, Aug. 14,
2001>
1. A person who has violated Article 9, 29(1), 32, 34(1) or
(2), 49, 52(1) or (2) or the text of Article 52(3), Article 53,
54, 59(1), (2), (4) or (5), 62, 67, 68(1) or (2), 69, 72, 73, 81,
82, 83, 85, 86, or 107(2); <Amended by Act No. 6974, Sep.
15, 2003>
2. A person who has violated orders issued in accordance
with Article 52 (4); or
3. Deleted. <Act No. 5885, Feb. 8, 1999>
Article 114 (Penal Provisions)
A person who has violated the provisions of Article 44 shall
be punished by a fine not exceeding ten million won.
Article 115 (Penal Provisions)
A person who falls under any of the following Subparagraphs
shall be punished by a fine not exceeding five million won:
1. a person who has violated Article 5, 13, 23, 24, 27, 28,
29(2), 38, 40, 41, 46, 47, the proviso of Article 52(3), 64,
65, 68(3), 71, 77, 94, 96, 97, 98, 101(2), 102, 103, or 106;
<Amended by Act No. 6507, Aug. 14, 2001>
2. Deleted. <Act No. 5885, Feb. 8, 1999>
3. a person who has failed to comply with an order issued
- 176 -
in accordance with Article 99(2);
4. a person who has refused, obstructed or evaded inspections
or medical examinations by a labor inspector or a medical
doctor designated by a labor inspector in accordance with
Article 105 or who has not made any statement to the
inquiry, or who has made false statements, or who has failed
to present books or documents or who has presented
false books or documents; or
5. a person who has not made a report, or who has
presented a fraudulent report, or who has failed to be
present himself in compliance with a request of the Minister
of Labor, the Labor Relations Commission or a labor
inspector in accordance with the provisions of Article 12.
Article 116 (Double Penal Provisions )
If a person who has committed an act in contravention of
this Act is a proxy, servant or other hired person who acts on
behalf of a business owner in relation to matters regarding
workers at the business concerned, the said business owner shall
likewise be subject to punishment by a fine as provided in each
corresponding Article, unless the business owner(a representative
of a business if a business owner is an incorporation, or a legal
representative if a business owner is a minor or an incompetent
who does not have same ability as that of adult in terms of
business management) had previously taken adequate measures
to prevent violation. A business owner shall also be punished
in the same manner as an actual offender, if a business owner
does not provide adequate measures to prevent violation even
though he recognized the possible violation, or he has failed to
provide necessary corrective measures once he knew of the
violation, or he has instigated such violation to be performed.
Addenda
Article 1 (Date of Enforcement)
This Act shall take effect from the date of its promulgation.
Article 2 (Transitional Measures as to Request for Report, etc.)
After this Act takes effect, the requests to make report,
appear, or submit books or documents by the Minister of
Labor, the Labor Relations Commission, or a labor inspector to
an employer or a worker in accordance with the former provisions
shall be deemed to have been made under this Act.
- 177 -
Article 3 (Transitional Measures as to Labor Contract, etc.)
After this Act takes effect, a labor contract, rules of employment,
or dormitory rules, which has been concluded in accordance
with the former provisions, shall be deemed to have been
concluded under this Act.
Article 4 (Transitional Measures as to Advance Notice of Dismissal)
After this Act takes effect, an advance notice of dismissal
which has been made in accordance with the former provisions
shall be deemed to have been made under this Act.
Article 5 (Transitional Measures as to Retirement Allowances System)
After this Act takes effect, a retirement allowance scheme
established, or retirement allowance paid by adjusting the balances
of remuneration before retirement in accordance with the former
provisions shall be deemed to have been established or paid
under this Act.
Article 6 (Transitional Measures as to Holidays, etc.)
After this Act takes effect, holidays or leaves which employers
have granted to workers in accordance with the former provisions
shall be deemed to have been granted under this Act.
Article 7 (Transitional Measures as to Accident Compensation)
After this Act takes effect, accident compensation which has
been made in accordance with the former provisions shall be
deemed to have been made under this Act.
Article 8 (Transitional Measures as to Validity of Written Agreement)
After this Act takes effect, a written agreement between an
employer and a representative of workers or an agreement between
an employer and workers which has been made in accordance
with the former provisions shall be deemed to have been made
under this Act.
Article 9 (Transitional Measures as to Validity of Consent)
After this Act takes effect, consent which has been obtained
from a trade union, majority of workers, workers, a person who
is entitled to receive compensation, or a person who represents
the majority of workers lodging in a dormitory in accordance
with the former provision shall be deemed to have been obtained
under this Act.
Article 10 (Transitional Measures as to Validity of Claim, etc.)
After this Act takes effect, a claim or a request which a
worker has made to the Minister of Labor, the Labor Relations
- 178 -
Commission, or an employer in accordance with the former
provisions shall be deemed to have been made under this Act.
Article 11 (Transitional Measures as to Validity of Report)
After this Act takes effect, report which an employer has
made to the Minister of Labor in accordance with the former
provisions shall be deemed to have been made under this Act.
Article 12 (Transitional Measures as to Validity of Approval, etc.)
After this Act takes effect, the actions of approval, acknowledgement,
order, investigation, arbitration, or cancellation of approval which
have been conducted by the Minister of Labor or the Labor
Relations Commission in accordance with the former provisions
shall be deemed to have been conducted under this Act.
Article 13 (Transitional Measures as to Validity of Employment Permit,
etc.)
(1) After this Act takes effect, an employment permit, identification
card, a letter of order for investigation, or a letter of order for
a medical examination which has been issued by the Minister
of Labor in accord

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