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
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.
(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 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 establishs 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 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 obtain the approval of
the Minister of Labor by determining the methods of
maintenance and of repayment.
Article 30 (Restriction on Dismissal, etc.)
(1)An employer shall not dismiss, lay off, suspend,
transfer 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 if a natural disaster, calamity, or other
unavoidable circumstances prevents the continuance of a
business, this shall not apply.
(3)In the case of the latter clause of the proviso of
paragraph (2), the approval of the Minister of Labor
shall be obtained with respect to the reason concerned.
Article 31 (Employment Adjustment for Managerial Reasons)
(1)If an employer wants to dismiss a worker for
managerial reasons, there shall be urgent managerial
needs.
(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.
(3) An employer shall have sincere consultation regarding
measures to avoid such dismissal and standards of
dismissal stipulated in the provision of paragraph (2)
with a trade union of a business or workplace, in cases
where a trade union is formed by the consent of the
majority of all workers, or with a person who represents
the majority of all workers(hereinafter referred to as
workers' representative), in cases where there exists no
trade union which is composed of majority of all workers.
(4)In cases where an employer has dismissed workers in
accordance with the requirements as stipulated in
paragraph (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.
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 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.
(2)In the case of the proviso of paragraph (1), the
approval of the Minister of Labor shall be obtained
regarding the causes attributable to a worker.
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 (Retirement Allowances System)
(1)An employer shall establish a retirement allowance
system whereby an average wage of more than 30 days shall
be paid for each year of consecutive years employed as a
retirement allowance to a retired worker; however, if the
worker was employed for less than one year, this shall
not apply.
(2)In establishing the retirement allowance system
stipulated in paragraph (1), a differential retirement
allowance system shall not be permitted within one
business.
(3)An employer may, at the request of workers, pay
retirement allowances 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 retirement allowances
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 its
equivalents(hereinafter referred to as "pension
insurance for retirees") for workers, whereby
workers receive lump sum payment at the time of
retirement, or draw their pensions, it shall be deemed
that the employer has set up a retirement allowance
scheme in accordance with paragraph (1). The amount of
lump sum by pension insurance, however, shall not be
smaller than that of retirement allowances pursuant to
paragraph (1).
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, retirement allowances, 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 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
wages for the latest three months, retirement allowance
and accident compensation 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.
Article 38 (Certificate of Employment)
(1)If an employer has been requested by a worker to issue
a certificate specifing 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.
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.
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.
(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 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 period within 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 to rules of employment). However,
working hours for a specific 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 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 period within 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.
1. scope of workers subject to this paragraph;
2. period (a specific period not exceeding one
month);
3. working days within a particular period and
working hours within each relevant working day;
and
4. other matters as determined by the
Presidential Decree.
(3)The provisions of paragraphs (1) and (2) shall not
apply to workers aged above fifteen and under 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)An employer shall report the contents of a written
agreement set forth in paragraph (2) to the Minister of
Labor in accordance with the Presidential Decree.
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 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 Paragragh (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.
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 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.
(4)An employer shall report the contents of a written
agreement under paragraphs (2) and (3) to the Minister of
Labor in accordance with the Presidential Decree.
(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 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)An employer shall report to the Minister of Labor on
the contents of the written agreement stipulated in
paragraph (1) in accordance with the Presidential Decree.
Article 59 (Annual Paid Leave)
(1)An employer shall grant 10 days' leaves with pay to
those 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.
(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 addition to the
paid leave as set forth in paragraph (1). However, if the
total 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.
(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.
(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 appication of the provisions
of paragraph (1).
(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.
Article 60 (Substitution of Paid Leave)
An employer may have workers take a paid leave on a particular
working day in substitution for the monthly paid leave pursuant
to Article 57, or the annual paid leave pursuant to Article 59,
if the employer and the representative of workers have reached
agreement in writing.
Article 61 (Exceptions to Application)
The provisions of this Chapter and Chapter 5 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. However, this shall not apply to a person with
a employment permit issued by the Minister of Labour.
(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)
Female wokers and those who are under 18 shall not be employed
for any work detrimental to morality or health. The prohibited
type of work shall be determined by the Presidential Decree.
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)Niether 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 a week;
provided, however, that the parties concerned have reached
agreement, the working hours may be extended up to an hour per
day, or six hours per week.
Article 68 (Prohibition of Night Work)
Neither female nor minor under the age of 18 shall not be
forced to work during a time period from 10 p.m. to 6 a.m. or on
holidays. However, if the consent of the worker concerned and the
approval of the Ministry of labor has been obtained, this shall
not apply.
Article 69 (Overtime Work)
An emloyer shall be forbidden to have female workers over 18
do overtime work exceeding 2 hours per day, 6 hours per week, and
150 hours per year, even if provided for in a collective
agreement.
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.
Article 71 (Menstruation Leave)
An employer shall allow a female worker one day's menstruation
leave with pay per month.
Article 72 (Maternity Leave)
(1)An employer shall allow a pregnant female worker 60
days of maternity leave with pay before and after
childbirth. In this case, however, more than 30 days of
maternity leaves with pay shall be allowed after
childbirth.
(2)A pregnant female worker shall be transferred to other
light and easy work at her request and shall not be
assigned to overtime work.
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 (Home-coming Expenses)
An employer shall bear travel expenses if a female or minor
under the age of 18 returns home within 14 days from the date of
dismissal; however, this provision shall not apply, if the reason
for dismissal is attributable to the worker and the employer has
obtained the approval thereof from the Labor Relations
Commission.
Article 75 (Education Facilities)
(1)An employer who ordinarily hires more than thirty
persons under the age of 18 shall establish education
facilities for them; provided, however, that the
employer, with the approval of the Minister of Labor,
grants scholarship to workers, education facilities may
not be required to establish.
(2)Necessary matters concerning the educational
facilities referred to in paragraph (1) shall be
determined by the Presidential Decree.
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 (Training of Skilled Workers)
(1)If it is necessary to train a specific skilled worker
for a long period of time during the course of work,
training method, worker's qualification, contract terms,
working hours and wages shall be determined by the
Presidential Decree with the consulation of the Labor
Relations Commission.
(2)If an employer is to hire a worker in accordance with
the Presidential Decree stipulated in paragraph (1), the
employer shall obtain the approval of the Minister of
Labor by determining the number of workers, the method of
training, the term of contract, the standards of wages
and the means of payment.
(3)If an employer hires a worker with the approval in
accordance with paragraph (2), the employer shall report
to the Minister of Labor, thereby obtaining a certificate
testifying that the worker concerned is an apprentice,
and shall maintain it at the workplace.
Article 79 (Minor)
A minor who is subject to the provisions of Article 78 shall
be given 12 days' annual leaves with pay per year in accordance
with the provisions of paragraph (1) of Article 59.
Article 80 (Cancellation of Approval)
If an employer hiring a worker who is subject to the provision
of Article 78 is disqualified or violates the conditions of the
approval, the Minister of Labor may cancel the approval
stipulated in paragraph (2) of Article 78.
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
ackowledgment 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,
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 (Instalment 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
instalments 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) 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
arbirtrate the case within one month.
Article 93 (Exception to Subcontracted work)
(1)If a business is operated based upon serveral 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.
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
non-occupational 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.
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 and
submit it to the Minister of Labor. The same shall be
applied if there is amendment to the dormitory rules:
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
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)When an employer submits the dormitory rules in
accordance with the provisions of paragraph (1), a
written consent prescribed in paragraph (2) shall be
attached to it.
(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 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,
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 supension 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 individual falling within any of the following
subparagaphs shall be punished by imprisonment for less than two
years, or by a fine of not exceeding ten million Won:
1. any individual 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,
69, 72, 73, 79, 81, 82, 83, 85, 86, or 107(2);
2. any individual who has violated orders issued in
accordance with paragraph (4) of Article 52; or
3. any individual who has failed to comply with the
prescribed number of workers, method of training, term of
contract, working hours, standards of wages and means of
payment as approved in accordance with paragraph (2) of
Article 78
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, 38, 40, 41, 46, 47, 50(5), the priviso of Article
52(3), Article 56(4), 58(2), 64, 65, 71, 74, 75, 77,
78(3), 94, 96, 97, 98, 101(2), 102, 103, or 106;
2. a person who has failed to comply with the means of
management and repayment as approved in accordance with
the provisions of Article 29(2);
3. a person who has failed to comply with an order issued
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 representitive of a business
if a business owner is an incorporation, or a legal
representative if a buiness 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
recognised 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.
Table of Disability Grade and Accident
Compensation(Article 83)
Grade
Accident Compensation
Grade
Accident Compensation
Grade 1
1,340 days' average wages
Grade 8
450 days' average wages
Grade 2
1,190 days' average wages
Grade 9
350 days' average wages
Grade 3
1,050 days' average wages
Grade 10
270 days' average wages
Grade 4
920 days' average wages
Grade 11
200 days' average wages
Grade 5
790 days' average wages
Grade 12
140 days' average wages
Grade 5
670 days' average wages
Grade 13
90 days' average wages
Grade 7
560 days' average wages
Grade 14
50 days' average wages
Addenda
Article 1 (Date of Enforcement)
This Act shall take effect from the date of its promulgation,
provided that the provisions of Article 31 shall be effective 2
years after the date of the 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.
Article 3 (Trasitional 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
Commission, or an employer in accordance with the former
provisoins 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 accordance
with the former provisions shall be deemed to have been
issued under this Act.
(2)After this act takes effect, in cases
where a minor aged above thirteen and under fifteen who is
employed requests the Minister of Labor to issue an
employment permit within 3 months after the enforcement of
this Act, the Minister of Labor shall issue an employment
permit.
Article 14 (Transitional Measures as to Penal Provisions)
Application of penal provisions to the actions prior to the
enforcement of this Act shall be in accordance with the former
provisions of this Act.
Article 15 (Relationship with other Enactments)
After this Act takes effect, any citation in other enactments
from the former Labor Standards Act or the provisions of the Act
shall be construed as citing this Act or corresponding provisions
of this Act in place of former provisions, where there are
corresponding provisions in this Act.
