Enforcement Decree of The Labor Standards Act 2013 (24652)

ENFORCEMENT DECREE OF THE LABOR STANDARDS
ACT
Presidential Decree No. 15320, Mar. 27, 1997
Amended by Presidential Decree No. 15682, Feb. 24, 1998

Presidential Decree No. 17402, Oct. 31, 2001
Presidential Decree No. 18158, Dec. 11, 2003
Presidential Decree No. 18805, Apr. 27, 2005
Presidential Decree No. 18912, Jun. 30, 2005
Presidential Decree No. 19010, Aug. 19, 2005
Wholly Amended by Presidential Decree No. 20142, Jun. 29, 2007
Presidential Decree No. 21695, Aug. 18, 2009
Presidential Decree No. 22061, Feb. 24. 2010
Presidential Decree No. 22269, Jul. 12, 2010
Presidential Decree No. 23155, Sep. 22, 2011
Presidential Decree No. 23488, Jan. 6, 2012
Presidential Decree No. 23946, Jul. 10, 2012
Article 1 (Purpose)
The purpose of this Decree is to provide for the matters
delegated by the Labor Standards Act and those necessary for
the enforcement thereof.
Article 2 (Period and Wages Excluded from the Calculation of Average
Wages)
(1) In case where a period for the calculation of average wages
under Article 2 (1) 6 of the Labor Standards Act (hereinafter
referred to as the "Act") includes a period falling under any of
the following subparagraphs, the period and wages paid for
that period shall be subtracted respectively from the base period
for the calculation of average wages and the total amount of
average wages: <Amended by Presidential Decree No. 20803, Jun. 5,
2008; Presidential Decree No. 22687, Mar. 2, 2011; and Presidential
Decree No. 23946, Jul. 10, 2012>
1. A probationary period under subparagraph 5 of Article 35
of the Act;
2. A period of shutdown due to reasons attributable to the
employer under Article 46 of the Act;
3. A period of maternity leave under Article 74 of the Act;
4. A period of suspension of work for medical treatment
due to occupational injury or disease under Article 78 of
the Act;
5. A period of child-care leave under Article 19 of the Act
on Equal Employment and Support for Work-Family
Reconciliation;
6. A period of strike under subparagraph 6 of Article 2 of
the Trade Union and Labor Relations Adjustment Act;
7. A period of suspension of service or of non-work owing
to the performance of duties under the Military Service Act,
the Establishment of Homeland Reserve Forces Act, or the
Framework Act on Civil Defense: Provided that this shall
not apply in case wages are paid during that period;
8. A period of suspension of work with the approval of the
employer due to non-occupational injuries, disease or
other reasons.
(2) Wages or allowances paid on an extraordinary basis and
wages paid by means other than in currency shall not be
included in the total amount of wages under Article 2 (1) 6 of
the Act: Provided that this shall not apply to those prescribed
by the Minister of Employment and Labor. <Amended by
Presidential Decree No. 22269, Jul. 12, 2010>
Article 3 (Average Wages of Daily Worker)
The amount of average wages of a daily worker shall be
the one determined by the Minister of Employment and Labor
according to industry and occupation. <Amended by Presidential
Decree No. 22269, Jul. 12, 2010>
Article 4 (Average Wages in Special Cases)
In case where it is impossible to calculate average wages in
accordance to Article 2 (1) 6 of the Act, and Articles 2 and 3 of
this Decree, the amount of average wages shall be the one
determined by the Minister of Employment and Labor.
<Amended by Presidential Decree No. 22269, Jul. 12, 2010>
Article 5 (Adjustment of Average Wages)
(1) If the average amount (hereinafter referred to as the
“average amount”) of monthly ordinary wages per person paid
to workers engaging in the same kind of work in the same
business or workplace to which the relevant worker belongs has
changed by 5 percent or more from the average amount paid in
the month when the injury or disease occurred, the average
wages applicable to the calculation of compensation, etc., under
Articles 79, 80 and 82 through 84 of the Act shall be such
amount as is adjusted according to the increase or decrease rate
and the adjusted average wages shall apply starting from the
month following the month in which such a cause of change
occurred: Provided that if average wages are adjusted twice or
more times, the adjustment should be based on the average
amount for the month when a cause for immediately preceding
change occurred.
(2) In the case of adjusting average wages pursuant to
paragraph (1), if the business or workplace to which the worker
belonged has been closed down, the adjustment shall be based
on the corresponding case of a business or workplace of the
same kind and size as that of the business or workplace to
which the worker belonged at the time when an occupational
injury or disease occurred.
(3) In the case of adjusting average wages pursuant to
paragraphs (1) or (2), if there is no worker engaging in the
same kind of work as that of the relevant worker, the adjustment
shall be based on the corresponding case of a worker engaging
in a similar kind of work to the work concerned.
(4) The average wages applicable to the calculation of retirement
pay under Article 8 of the Employee Retirement Benefit Security
Act, which shall be paid to a worker who suffers from an
occupational injury or disease under Article 78 of the Act, shall
be the average wages adjusted in accordance with the provisions
of paragraphs (1) through (3).
Article 6 (Ordinary Wages)
(1) For the purposes of the Act and this Decree, the term
“ordinary wages” means hourly wages, daily wages, weekly
wages, monthly wages, or contract wages which are determined
to be paid periodically or in lump sum to a worker for his/her
prescribed work or entire work.
(2) In case of calculating ordinary wages under paragraph
(1) on an hourly basis, the amount shall be calculated pursuant
to the following subparagraphs:
1. In the case of wages determined on an hourly basis, the
amount of the hourly wages;
2. In the case of wages determined on a daily basis, the
amount calculated by dividing the daily wages by the
number of contractual working hours per day;
3. In the case of wages determined on a weekly basis, the
amount calculated by dividing the weekly wages by the
number of hours (calculated by adding contractual working
hours per week under Article 2 (1) 7 of the Act to paid
hours beyond the contractual working hours) based on
which weekly ordinary wages are calculated;
4. In the case of wages determined on a monthly basis, the
amount calculated by dividing the monthly wages by the
number of hours (one-twelfth of the number of hours
calculated by multiplying the number of hours based on
which weekly ordinary wages are calculated by the average
number of weeks in the year) based on which monthly
ordinary wages are calculated;
5. In the case of wages determined on the basis of a certain
period other than a day, week, or month, the amount
calculated by applying subparagraphs 2 through 4 mutatis
mutandis;
6. In the case of wages determined under a contract wage
system, the amount calculated by dividing the total sum
of wages under that contract wage system during the
period for wage calculation by the total number of working
hours during that period (referring to the period until the
closing date of wages, if there is any closing date of wages);
7. In case where wages received by a worker are composed
of two or more kinds of wages prescribed in subparagraphs
1 through 6, the sum of each amount calculated pursuant
to subparagraphs 1 through 6.
(3) In case of calculating ordinary wages under paragraph
(1) on a daily basis, the ordinary wages shall be calculated by
multiplying the number of contractual working hours per day
by the hourly wage rate under paragraph (2).
Article 7 (Scope of Application)
The provisions applicable to businesses or workplaces ordinarily
employing four workers or less pursuant to Article 11 (2) of the
Act are provided for in Table 1.
Article 7-2 (Method of Calculating the Number of Workers Ordinarily
Employed)
(1) “The number of workers ordinarily employed” in Article
11 (3) of the Act shall be calculated by dividing the annual
number of workers employed for one month (referring to the
period since the establishment of the business in case it is less than
one month since the establishment of the business; hereinafter
referred to as “the period for calculation”) prior to the date of
occurrence of a reason (referring to a reason requiring judgment
on whether to apply the Act or this Decree, such as payment
of compensation for suspension of work, application of working
hours, etc.; hereinafter in this Article the same shall apply) for
the application of the Act to the business or workplace concerned
by the total number of operating days during the same period.
(2) Notwithstanding the provision of paragraph (1), the business
or workplace shall be considered a business or workplace (hereinafter
referred to as “business or workplace subject to the Act”) employing
not less than five workers (referring to ten workers in the case
of judging whether to apply Article 93 of the Act; hereinafter
referred to as “the standard for the application of the Act”) or
shall not be considered a business or workplace subject to the
Act in accordance with the following classification:
1. The business or workplace shall be considered a business
or workplace subject to the Act, in case as a result of
calculating the number of workers in the business or workplace
concerned pursuant to paragraph (1), it is found that the
business or workplace does not fall into the category of
businesses or workplaces subject to the Act, but the number
of workers, if calculated by each day of the period for
calculation, is less than 1/2 short of the standard for the
application of the Act;
2. The business or workplace shall not be considered a
business or workplace subject to the Act, in case as a result
of calculating the number of workers in the business or
workplace pursuant to paragraph (1), it is found that the
business or workplace falls into the category of businesses
or workplaces subject to the Act, but the number of workers,
if calculated by each day of the period for calculation, is
not less than 1/2 short of the standard for the application
of the Act
(3) In the case of judging whether to apply the provisions
of Articles 60 through 62 of the Act (excluding part of Article
60 (2) relating to annual paid leave), as a result of calculating
the number of workers per month in the business or workplace
concerned pursuant to paragraphs (1) and (2), it is found that
the business or workplace continues to employ not less than
five workers for one year prior to the date of the occurrence of
a reason for the application of the Act, such business or
workplace shall be considered a business or workplace subject
to the Act.
(4) The annual number of workers under paragraph (1) shall
include all workers described in the following subparagraphs,
excluding dispatched workers under subparagraph 5 of Article 2
of the Act on the Protection, etc., of Dispatched Workers:
1. All workers working in a business or workplace regardless
of their employment status, such as full-time workers
used by the business or workplace concerned, fixed-term
workers under subparagraph 1 of Article 2 of the Act on
the Protection, etc. of Fixed-term and Part-time Employees
and part-time workers under subparagraph 8 of Article 2
of the Act, etc.;
2. In case there is any worker falling under subparagraph
(1), along with a relative living together, in the business
workplace concerned, the relative living together
<This Article Newly Inserted by Presidential Decree No. 20873,
Jun. 25, 2008>
Article 8 (Working Conditions to Be Specified)
“Other working conditions prescribed by the Presidential
Decree” in the former part of Article 17 of the Act refers to the
following matters:
1. Matters regarding place of employment and work to be
performed;
2. Matters prescribed in subparagraphs 1 through 12 of
Article 93 of the Act;
3. Matters determined by dormitory rules, in case of having
workers lodge in a dormitory attached to the workplace.
Article 8-2 (Issuance of Written Statement of Working Conditions
at the Workers' Request)
The proviso of Article 17 (2) of the Act, "provided that if
the matters above are altered due to the reasons prescribed by
the Presidential Decree, such as changes in collective agreements
or rules of employment." refers to the cases specified in the
following subparagraphs:
1. When the changes are made by written agreement with
the workers' representatives in accordance with Article 51
(2), Article 52, Article 57, Article 58 (2) and (3), Article
59 or Article 62 of the Act;
2. When the changes are made pursuant to the rules of
employment in accordance with Article 93 of the Act;
3. When the changes are made pursuant to the collective
agreement in accordance with Article 31 (1) of the Trade
Union and Labor Relations Adjustment Act;
4. When the changes are made pursuant to Acts and subordinate
statutes.　
Sep. 22, 2011>
Article 9 (Standards, etc., for Working Conditions for Part-time Workers)
(1) The criteria or other matters to be considered for the
determination of working conditions for part-time workers
under the provisions of Article 18 (2) of the Act are provided
for in Table 2.
(2) Deleted <Presidential Decree No. 20873, Jun. 25, 2008>
Article 10 (Report of Plan for Dismissal for Managerial Reasons)
(1) If an employer intends to dismiss the number of workers
falling under any of the following subparagraphs during a period
of one month pursuant to Article 24 (4) of the Act, he/she
shall report such plan to the Minister of Employment and
Labor 30 days before the intended dismissal begins: <Amended
by Presidential Decree No. 22269, Jul. 12, 2010>
1. A business or workplace which ordinarily employs 99
workers or less: 10 workers or more;
2. A business or workplace which ordinarily employs 100
workers or more but not more than 999: 10 percent or
more of workers ordinarily employed;
3. A business or workplace which ordinarily employs 1,000
workers or more: 100 workers or more.
(2) The report under paragraph (1) shall include the following
matters:
1. Reasons for dismissal;
2. Number of workers to be dismissed;
3. Details consulted with a representative of workers;
4. Dismissal schedule.
Article 11 (Deadline for Compliance with Remedy Order)
The Labor Relations Commission (hereinafter referred to as
the “Labor Relations Commission”) under the Labor Relations
Commission Act shall, when issuing a remedy order (hereinafter
referred to as “remedy order”) to an employer pursuant to
Article 30 (1) of the Act, set a deadline for compliance. In this
case, the deadline shall fall within thirty days from the date of
issuance of the remedy order.
Article 12 (Deadline for Payment of Enforcement Levy, Submission
of Opinions, etc.)
(1) The Labor Relations Commission shall, when imposing
an enforcement levy pursuant to Article 33 (1) of the Act, set a
deadline for the payment, which shall fall within fifteen days
from the date on which the imposition of the enforcement levy
is notified.
(2) If it is difficult to pay the enforcement levy before the
payment deadline prescribed in paragraph (1) due to a natural
disaster, an armed conflict or any other unavoidable reason, the
Labor Relations Commission may set a deadline which is within
fifteen days from the date on which the reason disappears.
(3) When an employer is informed in writing of the intention
to impose and collect an enforcement levy pursuant to Article
33 (2), a period of at least ten days shall be set and the employer
shall be given an opportunity to state his/her opinions verbally
or in writing (including electronic documents) during that period.
In this case, if no opinion is stated until the end of the set
period, the employer shall be considered to have no opinion.
(4) The procedures for collecting enforcement levies shall be
prescribed by the Ordinance of the Ministry of Employment and
Labor. <Amended by Presidential Decree No. 22269, Jul. 12, 2010>
Article 13 (Criteria for Imposition of Enforcement Levy)
The criteria for the imposition of enforcement levies according
to types and degrees of offenses are provided for in Table 3.
Article 14 (Suspension of Imposition of Enforcement Levy)
If there is a reason falling under any of the following
subparagraphs, the Labor Relations Commission may impose an
enforcement levy after the reason disappears, by virtue of its
authority or at the request of the employer:
1. Where the employer has made objective efforts to comply
with the remedy order but it is obviously difficult for
him/her to comply with it due to unknown whereabouts
of the worker;
2. Where it is difficult to comply with the remedy order
due to a natural disaster, an armed conflict or any other
unavoidable reason.
Article 15 (Return of Enforcement Levy)
(1) If a remedy order by the Labor Relations Commission is
canceled in accordance with a decision rendered by the National
Labor Relations Commission after reexamination or a confirmed
court ruling, the Labor Relations Commission shall immediately
stop imposing and collecting the enforcement levy and return
the enforcement levy already collected by virtue of its authority
or at the request of the employer.
(2) When the Labor Relations Commission returns an enforcement
levy pursuant to paragraph (1), the amount of enforcement levy
multiplied by the interest rate prescribed by the Ordinance of
the Ministry of Employment and Labor over a period from the
date the enforcement levy was paid until the date of the return
shall be returned in addition. <Amended by Presidential Decree
No. 22269, Jul. 12, 2010>
(3) The specific procedures for returning enforcement levies
pursuant to paragraph (1) shall be prescribed by the Ordinance
of the Ministry of Employment and Labor. <Amended by Presidential
Decree No. 22269, Jul. 12, 2010>
Article 16 (Definition of Probationary Worker)
For the purposes of subparagraph 5 of Article 35 of the Act,
the term “probationary worker” means a worker for whom less
than three months have passed since the start of his/her
probationary period.
Article 17 (Late Payment Interest Rate on Unpaid Wages)
“The interest rate prescribed by the Presidential Decree” in
Article 37 (1) of the Act refers to an annual rate of twenty percent.
Article 18 (Reasons for Exclusion from Application of Late Payment
Interest)
“Any other reason prescribed by the Presidential Decree” in
Article 37 (2) of the Act refers to any of the following cases:
1. Where the case falls under any of the subparagraphs of
Article 4 of the Enforcement Decree of the Wage Claim
Guarantee Act;
2. Where it is difficult to secure enough funds to pay wages
and retirement pay due to the constraints of Acts and
subordinate statutes, such as the Debtor Rehabilitation
and Bankruptcy Act, the National Finance Act, the Local
Government Act, etc.;
3. Where it is deemed appropriate to bring the case to a
court or the Labor Relations Commission to decide whether
wages and retirement pay whose payment is delayed in
whole or in part exist or not;
4. Where there is any other reason equivalent to those
prescribed in paragraphs (1) through (3).
Article 19 (Request for Issuance of Certificate of Employment)
A person eligible to request the issuance of a certificate of
employment in accordance with the provisions of Article 39 (1)
of the Act shall be a worker who has served consecutively for
not less than thirty days, and such request shall be made
within three years after his/her retirement.
Article 20 (Matters to Be Entered in Register of Workers)
Matters described in the following subparagraphs shall be
entered in a worker register under Article 41 (1) of the Act, as
prescribed by the Ordinance of the Ministry of Employment and
Labor: <Amended by Presidential Decree No. 22269, Jul. 12, 2010>
1. Name;
2. Sex;
3. Date of birth;
4. Address;
5. Personal history;
6. Type of work to be performed;
7. Date of employment or renewal of employment, contract
period agreed upon, if any, and other matters relating to
employment;
8. Date of dismissal, retirement or death, and the reasons
therefor;
9. Other necessary matters.
Article 21 (Exception to Requirement to Prepare Register of Workers)
With respect to a daily worker who has been employed for
a period of less than thirty days, a register of worker may not
be prepared.
Article 22 (Preservation of Documents, etc.)
(1) “Important documents regarding labor contracts prescribed
by the Presidential Decree” in Article 42 of the Act means the
following documents:
1. Labor contracts;
2. Wage ledgers;
3. Documents pertaining to the basis for determination,
payment method and calculation of wages;
4. Documents pertaining to employment, dismissal or retirement;
5. Documents pertaining to promotion or demotion;
6. Documents pertaining to leave of absence;
7. Documents pertaining to approval or authorization under
Article 53 (3), subparagraph 3 of Article 63 and the
proviso of Article 70 (2) of the Act;
8. Documents related to written agreements under Articles
51 (2), 52, 58 (2) and (3), and 59 of the Act;
9. Documents pertaining to certification of the minor under
Article 66 of the Act.
(2) The preservation period under Article 42 of the Act shall
be counted from any of the following dates:
1. Date of death, retirement, or dismissal of a worker, in
case of a register of workers;
2. Date of termination of labor relations, in case of labor
contracts;
3. Date of the last entry, in case of wage ledgers;
4. Date of dismissal or retirement of a worker, in case of
documents pertaining to employment, dismissal, or retirement;
5. Date of approval or authorization, in case of documents
pertaining to approval or authorization under paragraph (1) 7;
6. Date of agreement concluded in writing, in case of documents
related to a written agreement under paragraph (1) 8;
7. Date on which the minor attains the age of 18 (the date
of dismissal, retirement, or death, in case where the minor
is dismissed, retires, or dies before reaching the age of 18),
in case of documents pertaining to certification of the minor;
8. Date of completion, in case of other documents.
Article 23 (Exception to Wages Paid Once or More Per Month)
“Extraordinary wages, allowances, or any other similar payment
or those wages provided for by the Presidential Decree” in the
proviso of Article 43 (2) of the Act means those described in
the following subparagraphs:
1. Allowances for good attendance paid on the basis of an
attendance record for a period exceeding one month;
2. Seniority allowances paid for consecutive service for a
fixed period exceeding one month;
3. Bounties, proficiency allowances, or bonuses calculated for
any reason existing for a period exceeding one month;
4. Other various allowances not paid on a regular basis.
Article 23-2 (Those Excluded from Publication of List of Employers
Delaying Payment)
"Any reason prescribed by the Presidential Decree, such as
when the publication of the list is not found effective due to
the death or business closure of the employer delaying payment"
in the proviso to Article 43-2 (1) of the Act means any of the
following cases:
1. Where the employer (hereinafter referred to as "employer
delaying payment") who has failed to pay wages, compensation,
allowances or any other money and valuables under
Articles 36, 43 and 56 of the Act (hereinafter referred to
as "wages, etc.") dies or is declared missing pursuant to
Article 27 of the Civil Act (applicable only when the
employer delaying payment is a natural person);
2. Where the employer delaying payment pays the full amount
of unpaid wages, etc., before the explanation period
under Article 43-2 (2) of the Act ends;
3. Where the employer delaying payment receives a decision
to commence the rehabilitation procedures or is declared
bankrupt under the Debtor Rehabilitation and Bankruptcy Act;
4. Where the employer delaying payment receives recognition
of facts, such as bankruptcy, under Article 5 of the
Enforcement Decree of the Wage Claim Guarantee Act;
5. Where the wage delay information deliberation committee
under Article 43-2 (3) of the Act (hereinafter referred to
as "committee" in this Article) deems it necessary to exclude
the employer delaying payment from the publication of
the list because he/she has paid part of unpaid wages,
etc., and sufficiently explained a concrete plan to pay off
remaining unpaid wages, etc., and measures to finance
them; and
6. Cases equivalent to those described in subparagraphs 1
through 5, where the committee deems it ineffective to
make public personal information, etc., on the employer
delaying payment.
Jun. 21, 2012>
Article 23-3 (Details, Period, etc., of Publication of List)
(1) The Minister of Employment and Labor shall make
public the following details pursuant to Article 43-2 (1) of the Act:
1. The name, age, company name and address of the employer
delaying payment (in cases where the employer delaying
payment is a corporation, referring to the name, age and
address of the representative thereof and the name and
address of the corporation); and
2. The amount of unpaid wages, etc., for the three years
prior to the date of publication.
(2) The disclosure under paragraph (1) shall be made by
publishing the list in an official gazette or posting it on the
relevant internet homepage, the bulletin board of the competent
local employment and labor office or in any other public place
that makes it available for inspection, for three years.
Jun. 21, 2012>
Article 23-4 (Those Excluded from Provision of Information on
Delays in Payment of Wages, etc.)
"Any reason prescribed by the Presidential Decree, such as
when the provision of information on delays in payment of
wages, etc., is not found effective due to the death or business
closure of the employer delaying payment" in the proviso to
Article 43-3 (1) of the Act means any of the following cases:
1. Where the employer delaying payment dies or is declared
missing pursuant to Article 27 of the Civil Act (applicable
only when the employer delaying payment is a natural
person);
2. Where the employer delaying payment pays the full amount
of unpaid wages, etc., before the date on which information
on delays in payment of wages, etc., under Article 43-3
(1) of the Act (hereinafter referred to as "information on
delays in payment of wages, etc.,) should be provided;
3. Where the employer delaying payment receives a decision
to commence the rehabilitation procedures or is declared
bankrupt under the Debtor Rehabilitation and Bankruptcy Act;
4. Where the employer delaying payment receives recognition
of facts, such as bankruptcy, under Article 5 of the
Enforcement Decree of the Wage Claim Guarantee Act; and
5. Where the Minister of Employment and Labor deems that
the employer delaying payment is making sincere efforts
to pay off unpaid wages, etc., because he/she has paid
part of unpaid wages, etc., and sufficiently explained a
concrete plan to pay off remaining unpaid wages, etc.,
and measures to finance them.
Jun. 21, 2012>
Article 23-5 (Procedure, etc., for Providing Information on Delays
in Payment of Wages, etc.)
(1) A person (hereinafter referred to as "demander") who
demands information on delays in payment of wages, etc.,
pursuant to Article 43-3 (1) of the Act shall submit to the
Minister of Employment and Labor documents stating the
following matters:
1. The name, company name and address of the demander
(in cases where the demander is a corporation, referring
to the name of the representative thereof and the name
and address of the corporation); and
2. Demanded contents of information on delays in payment
of wages, etc., and the purpose of use thereof.
(2) The Minister of Employment and Labor may prepare
and provide information on delays in payment of wages, etc.,
under paragraph (1) in the form of a paper document or an
electronic file.
(3) If any of the events referred to in Article 23-4 occurs after
information on delays in payment of wages, etc., is provided
pursuant to paragraph (2), the Minister of Employment and
Labor shall notify the demander of the details thereof within 15
days from the date when the Minster becomes aware of such facts.
Jun. 21, 2012>
Article 24 (Causes Attributable to Contractor)
The scope of attributable causes under Article 44 (2) of the
Act shall be as follows: <Amended by Presidential Decree No.
23868, Jun. 21, 2012>
1. Where the contractor fails to pay the contract price on
the due date agreed upon in the relevant contract without
a justifiable reason;
2. Where the contractor delays a supply of or fails to supply,
raw materials agreed upon in the relevant contract without
a justifiable reason;
3. Where the contractor fails to comply with the terms and
conditions of the relevant contract without a justifiable
reason, and as a result, the subcontractor fails to perform
contract work in a normal way.
Article 25 (Payment of Wages Before Payment Date)
“Other cases of emergency prescribed by the Presidential
Decree” in Article 45 of the Act means cases where a worker
or a person who lives on the worker's income falls under any
of the following subparagraphs:
1. In case of child birth, disease, or accidents;
2. In case of marriage or death;
3. In case of going back home for a period of one week or
more for any unavoidable reason.
Article 26 (Calculation of Allowances for Suspension of Business)
In case where a worker has received part of wages during
the suspension of business due to a cause attributable to the
employer, the employer shall, pursuant to the main sentence of
Article 46 (1) of the Act, calculate the difference by subtracting
the amount of wages paid from the average wages, and pay
the worker allowances equivalent to seventy percent or more of
that difference: Provided that in case where ordinary wages are
paid as allowances for the suspension of business pursuant to
the proviso of Article 46 (1) of the Act, the amount calculated
by subtracting the amount of wages paid during the suspension
of business from the ordinary wages shall be paid.
Article 27 (Entries to Be Made into Wage Ledger)
(1) An employer shall enter the following descriptions of
each worker into the wage ledger under Article 48 of the Act:
1. Name;
2. Resident registration number;
3. Date of employment;
4. Description of duties;
5. Matters on the basis of which wages and family allowances
are calculated;
6. Number of working days;
7. Number of working hours;
8. Number of hours of overtime work, night work, or holiday
work if any;
9. Amount by wage category, such as basic pay, allowances,
or other wages (in case there are wages paid by means
other than in currency, their name, quantity and estimated
total amount);
10. Amount deducted pursuant to the proviso of Article 43
(1) of the Act, if there is any such deduction.
(2) With respect to daily workers whose period of employment
is less than thirty days, the descriptions under paragraph (1) 2
and 5 may not be entered.
(3) With respect to workers falling under any of the following
subparagraphs, the descriptions under paragraph (1) 7 and 8
may not be entered:
1. Workers of a business or workplace which ordinarily employs
4 workers or less as prescribed in Article 11 (2) of the Act;
2. Workers who fall under any of the subparagraphs of
Article 28 (Matters Agreed upon with Respect to Flexible Working
Hours System)
(1) “Other matters prescribed by the Presidential Decree” in
Article 51 (2) 4 of the Act means the valid period of a written
agreement.
(2) If necessary for requiring an employer to take measures
to preserve wage levels under Article 51 (4) of the Act, the
Minister of Employment and Labor may order the employer to
present the details of such measures, or may directly check
them. <Amended by Presidential Decree No. 22269, Jul. 12, 2010>
Article 29 (Matters Agreed upon with Respect to Selective Working
Hours System)
“Other matters prescribed by the Presidential Decree” under
subparagraph 6 of Article 52 of the Act means standard working
hours (working hours per day based on which the employer and
the workers’ representative agree to calculate paid leave, etc.).
Article 30 (Weekly Holiday)
The paid holiday under Article 55 of the Act shall be
granted to a person who has shown perfect attendance of the
contractual working days during one week.
Article 31 (Jobs Eligible for Discretionary Working System)
(1) “Works designated by the Presidential Decree” in the
former part of Article 58 (3) of the Act means any of the
following jobs: <Amended by Presidential Decree No. 22269, Jul. 12,
2010>
1. Research on and development of, new products or technologies
and research in the areas of humanities, or social or
natural sciences;
2. Designing or analysis of data processing systems;
3. Gathering, compilation or editing of materials for newspaper,
broadcasting, or publication business;
4. Designing or creation of clothing, interior decoration,
industrial goods, advertisements, etc.;
5. Work of a producer or director in the business of producing
broadcasting programs, motion pictures, etc.;
6. Other jobs determined by the Minister of Employment and
Labor.
Article 32 (Business Eligible for Special Exception to Working
Hours and Recess Hours)
“Businesses prescribed by the Presidential Decree” in subparagraph
4 of Article 59 of the Act means social welfare businesses.
Article 33 (Payment Date of Leave Allowances)
The wages under Article 60 (5) of the Act shall be paid on
the pay day before or immediately after paid leave is granted.
Article 34 (Worker Excluded from Application of Working Hours, etc.)

“Work prescribed by the Presidential Decree” in subparagraph
4 of Article 63 of the Act means managerial and supervisory
work or work of handling confidential information irrespective
of type of business.
Article 35 (Issuance, etc. of Employment Permit)
(1) A person eligible for an employment permit under
Article 64 of the Act shall be thirteen years old or above but
less than fifteen years old: Provided that even those under the
age of thirteen may be eligible for an employment permit if it
is for participation in art performance.
(2) A person who intends to obtain an employment permit
under paragraph (1) shall file an application therefor with the
Minister of Employment and Labor, as prescribed by the
Ordinance of the Ministry of Employment and Labor. <Amended
by Presidential Decree No. 22269, Jul. 12, 2010>
(3) The application under paragraph (2) shall be jointly
signed by the school principal (limited to those subject to compulsory
education and those attending a school), a person with parental
authority or a guardian and the prospective employer.
Article 36 (Delivery of Employment Permit)
In case where the Minister of Employment and Labor grants
an employment permit in response to an application made
pursuant to Article 35 (2), he/she shall deliver the employment
permit prescribed by the Ordinance of the Ministry of Employment
and Labor, with type of work designated, to the applying
worker and prospective employer. <Amended by Presidential
Decree No. 22269, Jul. 12, 2010>
Article 37 (Types of Work Prohibited from Employment Permit)
For types of work prescribed in Article 40, an employment
permit shall not be issued.
<Amended by Presidential Decree No. 22269, Jul. 12, 2010>
Article 38 (Keeping and Return of Employment Permit)
(1) If an employer employs a person under the age of
fifteen and keeps the employment permit, he/she shall be
deemed to keep the certificate proving family relationships and
the written consent of the person with parental authority or the
guardian under Article 66 of the Act. <Amended by Presidential
Decree No. 20873, Jun. 25, 2008>
(2) An employer who ceases to employ a person under the
age of fifteen and the person concerned shall return, without
delay, the employment permit to the Minister of Employment and
Labor. <Amended by Presidential Decree No. 22269, Jul. 12, 2010>
Article 39 (Reissuance of Employment Permit)
In case where an employment permit is destroyed or lost,
the employer or the relevant worker under the age of fifteen
shall apply, without delay, for the reissuance of a new employment
permit, as prescribed by the Ordinance of the Ministry of
Employment and Labor. <Amended by Presidential Decree No.
22269, Jul. 12, 2010>
Article 40 (Types of Work Prohibited for Pregnant Women, etc.)
The types of work for which the employment of pregnant
women, women aged eighteen or older but not pregnant and
those under the age of eighteen is prohibited pursuant to
Article 65 of the Act are provided for in Table 4.
Article 41 (Calculation of Working Hours)
The working hours under Article 69 of the Act and Article
46 of the Occupational Safety and Health Act mean actual
working hours excluding recess hours.
Article 42 (Jobs Permitted for Working Inside Pits)
The jobs for which women and those under the age of
eighteen may be placed temporarily inside a pit under Article
72 of the Act shall be as follows:
1. Jobs for health, medical treatment and welfare;
2. Jobs for news reporting and gathering to make newspapers,
publish and produce broadcasting programs;
3. Surveying for academic research;
4. Jobs for management and supervision;
5. Practical training in a field relating to any job under
subparagraphs 1 through 4.
Article 43 (Request, etc., for Miscarriage or Stillbirth Leave)
(1) "Any reason prescribed by the Presidential Decree" in the
former part of Article 74 (2) of the Act means any of the
following cases: <Newly Inserted by Presidential Decree No. 23868,
Jun. 21, 2012>
1. Where the pregnant worker has experienced a miscarriage
or stillbirth before;
2. Where the pregnant worker is aged 40 or above at the
time of requesting maternity leave; and
3. Where the pregnant worker has submitted a medical
report issued by a medical institution, which states that
she is at risk of a miscarriage or stillbirth.
(2) If a worker who has a miscarriage or stillbirth requests
miscarriage or stillbirth leave pursuant to Article 74 (3) of the
Act, she shall submit to the employer an application for miscarriage
or stillbirth leave containing the reason for requesting leave, the
date of miscarriage or stillbirth, the pregnancy period, etc.,
along with a medical report issued by a medical institution.
<Amended by Presidential Decree No. 23868, Jun. 21, 2012>
(3) An employer shall grant miscarriage or stillbirth leave to
a worker who requests miscarriage or stillbirth leave pursuant
to paragraph (2), in accordance with the following standards:
<Amended by Presidential Decree No. 23868, Jun. 21, 2012>
1. Where the pregnancy period of the worker who has a
miscarriage or stillbirth (hereinafter referred to as "pregnancy
period") is less than 11 weeks: up to 5 days from the
date of miscarriage or stillbirth;
2. Where the pregnancy period is 12 weeks or more but less
than 15 weeks: up to 10 days from the date of miscarriage
or stillbirth;
or stillbirth
or stillbirth; and
5. Where the pregnancy period is 28 weeks or more: up to
90 days from the date of miscarriage or stillbirth.
Article 44 (Scope, etc. of Occupational Diseases)
(1) The scope of occupational diseases and medical treatment
under Article 78 (2) of the Act is provided for in Table 5.
(2) In case where a worker suffers an occupational disease,
or injury or is dead in the course of employment, the employer
shall have him/her see a doctor without delay.
Article 45 Deleted <Presidential Decree No. 20873, Jun. 25, 2008>
Article 46 (Time of Payment of Compensation for Medical Treatment
and Compensation for Suspension of Work)
Compensation for medical treatment and compensation for
suspension of work shall be made at least once a month.
Article 47 (Determination of Grade of Disability)
(1) Grades of physical disability on the basis of which
compensation for disability has to be paid pursuant to Article
80 (3) of the Act are provided for in Table 6. <Amended by
Presidential Decree No. 20873, Jun. 25, 2008>
(2) In case where any person has two or more physical
disabilities as prescribed in Table 6, his/her grade of physical
disability shall be the one corresponding to the more serious
disability: Provided that in the case of the following subparagraphs,
his/her grade of physical disability shall be the one adjusted
according to the relevant subparagraph. In this case, if the
adjusted grade is higher than Grade 1, it shall be Grade 1:
1. Where he/she has two or more physical disabilities falling
under Grade 5 or above: his/her grade of physical disability
shall be raised by three grades from the grade corresponding
to the more serious disability;
2. Where he/she has two or more physical disabilities
falling under Grade 8 or above, his/her grade of physical
disability shall be raised by two grades from the grade
corresponding to the more serious disability;
3. Where he/she has two or more physical disabilities falling
under Grade 13 or above, his/her grade of physical disability
shall be raised by one grade from the grade corresponding
to the more serious disability.
(3) In cases of physical disabilities which do not fall under
any of the categories in Table 6, compensation therefor shall be
made according to the degree of the disability by referring to
equivalent physical disabilities in Table 6.
Article 48 (Scope, etc., of Surviving Family Members)
(1) The scope of surviving family members under Article 82
(2) of the Act shall be as follows. In this case, survivor's
compensation shall be made in the following order of priority,
and if surviving family members fall under the same subparagraph,
the compensation shall be made in the order of priority as
mentioned therein: <Amended by Presidential Decree No. 20873,
Jun. 25, 2008>
1. Spouses (including de facto spouses), children, parents,
grandchildren and grandparents who were dependent
upon the worker at the time of his/her death;
2. Spouses, children, parents, grandchildren and grandparents
who were not dependent upon the worker at the time of
his/her death;
3. Brothers and sisters who were dependent upon the
worker at the time of his/her death;
4. Brothers and sisters who were not dependent upon the
worker at the time of his/her death.
(2) In determining the order of priority among surviving
family members, adoptive parents shall take precedence over
biological parents, the parents of adoptive parents over the parents
of biological parents and the adoptive parents of parents over
the biological parents of parents.
(3) Notwithstanding the provisions of paragraphs (1) and (2),
if the worker designated a particular person, if any, among the
surviving family members under paragraph (1), in his/her will
or in a pre-arrangement with the employer, the designated
person shall take precedence over the others.
Article 49 (Members of Same Priority)
In case where there are two or more members of the same
priority eligible for compensation for survivors, the compensation
shall be divided equally among the members.
Article 50 (Death of Person Confirmed as Recipient of Compensation)
In case of the death of a member confirmed as a recipient
of compensation for survivors, the compensation shall be paid
to the members of the same priority as him/her, and if there is
no such members, to the members of the next priority.
Article 51 (Time of Compensation)
(1) Disability compensation shall be paid without delay after
a worker completely recovers from an injury or a disease.
(2) Compensation for survivors and funeral expenses shall
be paid without delay after the death of a worker.
Article 52 (Date of Occurrence of Cause for Calculating Average
Wages In Case of Payment of Accident Compensation)
In case of paying accident compensation, the date on which
an accident causing the death or injury takes place or the date
on which it is confirmed through medical examination that the
disease occurred shall be deemed the date of occurrence of the
cause for calculating average wages.
Article 53 Deleted <Presidential Decree No. 20873, Jun. 25, 2008>
Article 54 (Posting, etc., of Draft of Dormitory Rules)
An employer who intends to obtain the consent of a person
representing a majority of workers pursuant to Article 99 (2) of
the Act shall post a draft of dormitory rules at a conspicuous
place in the dormitory or make it available for inspection for
seven days or longer before obtaining consent thereto from
them, if a majority of the workers accommodated in the
dormitory are less than eighteen years old.
Article 55 (Separation of Male and Female in Dormitory)
An employer shall not have male and female workers
accommodated in the same room of a dormitory.
Article 56 (Location of Dormitory)
If an employer intends to establish a dormitory, he/she
shall not choose a place with strong noise and vibration.
Article 57 (Bedroom)
Workers of two or more teams whose working hours are
different shall not be accommodated in the same bedroom.
Article 58 (Standards for Establishment of Dormitory)
The area of dormitory bedrooms shall be not less than 2.5
square meters per person, and the number of persons
accommodated in one room shall be not more than fifteen.
Article 59 (Delegation of Authority)
The Minister of Employment and Labor shall delegate
his/her authority over the following matters to the heads of
local employment and labor offices pursuant to Article 106 of
the Act: <Amended by Presidential Decree No. 22269, Jul. 12, 2010>
1. Demanding a report or appearance under Article 13 of
the Act;
2. Accepting a report of dismissal plans under Article 24 (4)
of the Act;
3. Granting authorization or approval for extension of
working hours under Article 53 (3) of the Act;
4. Ordering an employer to grant recess or days-off under
Article 53 (4) of the Act;
5. Granting approval for those engaged in surveillance or
intermittent work under Article 63 (3);
6. Issuing or cancelling an employment permit under Article
64 of the Act;
7. Terminating an employment contract disadvantageous to
minors under Article 67 (2) of the Act;
8. Granting authorization for night or holiday work of
pregnant women and those under the age of eighteen
under the proviso to Article 70 (2);
9. Matters relating to examination or arbitration of cases
concerning objections raised to recognition, etc. of an
accident and diagnosis and tests for this purpose under
10. Accepting a report of rules of employment under Article
93 of the Act;
11. Ordering revision of rules of employment under Article
96 (2) of the Act;
12. Issuing written instructions for medical tests or
examinations under Article 102 (3) of the Act;
13. Accepting a notification of a violation of laws under
14. Imposing and collecting a fine for negligence under
15. Accepting a report of special cases under Article 2 of
the Addenda of the Labor Standards Act amended by
Act no. 6974;
16. Ordering and checking measures to maintain wage levels
under Article 28 (2);
17. Receiving an application for employment permit under
Article 35 (2);
18. Receiving a returned employment permit under Article
38 (2).
Article 59-2 (Management of Sensitive Information and Unique
Identifying Information)
The Minister of Employment and Labor (including persons
to whom the authority of the Minister of Employment and
Labor is delegated pursuant to Article 59) or the Labor
Relations Commission may manage information on health under
Article 23 of the Personal Information Protection Act (limited to
the duties referred to in subparagraph 7) and data containing
resident registration numbers or foreigner registration numbers
under subparagraph 1 or 4 of Article 19 of the Enforcement
Decree of the same Act, if it is inevitable in order to perform
the following duties: <Amended by Presidential Decree No. 23868,
Jun. 21, 2012>
1. Duties concerning claims for damages under Article 19 (2)
of the Act;
2. Duties concerning remedy for unfair dismissal, etc., under
3. Duties concerning orders to give money and valuables under
4. Duties concerning checks on compliance with orders to
remedy unfair dismissal, the imposition of enforcement
levies, etc., under Article 33 of the Act;
4-2. Duties concerning the publication of a list of employers
delaying payment under Article 43-2 of the Act and the
provision of information on delays in payment of
wages, etc., under Article 43-3 of the Act;
5. Duties concerning employment permits under Article 64
of the Act;
6. Duties concerning the acknowledgement of gross negligence
under Article 81 of the Act;
7. Duties concerning reappraisal and arbitration under Article
88 (1) and Article 89 (1) of the Act;
8. Duties concerning the notification of violations of the Act
under Article 104 of the Act; and
9. Duties concerning the accusation of persons who fail to
comply with a confirmed remedy order, etc., under
Jan. 6, 2012>
Article 60 (Criteria for Imposition of Fines for Negligence)
The criteria for the imposition of fines for negligence under
Article 116 (1) of the Act are provided for in Table 7. <Amended
by Presidential Decree No. 22269, Jul. 12, 2010 and Presidential
Decree No. 22804, Mar. 30, 2011>
<This Article Wholly Amended by Presidential Decree No. 20873,
Jun. 25, 2008>
<Title of This Article Amended by Presidential Decree No. 22804,
Mar. 30, 2011>
Addenda
<Presidential Decree No. 20873, Jun. 25, 2008>
Article 1 (Enforcement Date)

This Decree shall enter into force on July 1, 2008.
Article 2 (Method of Calculating Number of Workers Ordinarily
Employed for Construction Work Such As Construction
Work Subject to Special Case Concerning Application of
Working Hours)
(1) The number of workers ordinarily employed for construction
work (hereinafter referred to as “related construction work”)
under Article 5-2 of the Addenda of the Labor Standards Act
wholly amended by Act no. 8372 refers to a number calculated
according to the following formula. In this case, the “total
construction contract price” refers to the contract price (including
the market price of materials in case the person who issues the
order supplies materials) for the related construction work to be
performed to complete the final object, “the labor cost ratio for
the year concerned” refers to the labor cost ratio for construction
work in general under Article 1 (1) 1 of the Enforcement Decree
of the Act on the Collection, etc., of Premiums for Employment
Insurance and Industrial Accident Compensation Insurance and
“the monthly average wage for the construction industry” refers
to the wage calculated and announced by the Minister of Labor
on the basis of the wages for the construction industry in the
survey on wages and working hours at establishments prepared
by the Minister of Labor.
The Number of workers ordinarily employed = total construction
contract price X labor cost ratio for the year concerned
Monthly average wage for the construction industry for the
year concerned X number of operating months
(2) In calculating the total construction contract price pursuant
to the latter part of paragraph (1), if the related construction
work is split into two or more parts, each contracted out to
complete the final object, regardless of whether it is called
entrustment or whatever else, it shall be calculated by adding
up each contract price.
Addendum
<Presidential Decree No. 21695, Aug. 18, 2009>
This Decree shall enter into force on August 22, 2009.
Addenda
<Presidential Decree No. 22567, Dec. 29, 2010>

This Decree shall enter into force on the date of its promulgation.
Article 2 (Enforcement Date of Labor Standards Act Amended by
Act No. 6974 in Case of Businesses or Workplaces
Ordinarily Employing Less Than 20 Workers)
"The date prescribed by the Presidential Decree" in
subparagraph 6 of Article 4 of the Labor Standards Act amended
by Act no. 8372 means July 1, 2011 in the case of businesses or
workplaces ordinarily employing less than 20 workers.
Addenda
<Presidential Decree No. 22687, Mar. 2, 2011>

Article 2 Omitted.
Article 3 (Revision of Other Decrees)
(1) and (2) Omitted.
(3) Parts of the Enforcement Decree of the Labor Standards
Act shall be revised as follows:
"Establishment of Homeland Reserve Forces Act" in the main
sentence of Article 2 (1) 7 shall be changed to "Establishment of
Homeland Reserve Forces Act".
(4) through (7) Omitted.
Article 4 Omitted.
Addenda
<Presidential Decree No. 22804, Mar. 30, 2011>

Article 2 (Transitional Measures concerning Fine for Negligence)
(1) The application of the criteria for the imposition of fines
for negligence to any offense committed before this Decree
enters into force shall be governed by the previous provisions
notwithstanding the amended provisions in Table 7.
(2) The imposition of fines for negligence for any offense
committed before this Decree enters into force shall not be
counted toward the number of offenses calculated pursuant to
the amended provisions in Table 7.
Addendum
<Presidential Decree No. 23155, Sep. 22, 2011>
This Decree shall enter into force on 1 January, 2012.
Addenda
<Presidential Decree No. 23488, Jan. 6, 2012;
Revision of the Enforcement Decree of the Act on the Submission and
Management of Taxation Data to Provide a Basis for the Management of
Sensitive Information and Unique Identifying Information>

<proviso omitted>
Article 2 Omitted.
Addendum

Addenda
<Presidential Decree No. 23946, Jul. 10, 2012; Revision of the
Enforcement Decree of the Act on Equal Employment and Support for
Work-Family Reconciliation>

Article 2 Omitted.
Article 3 (Revision of Other Decrees)
(1) Omitted.
(2) Parts of the Enforcement Decree of the Labor Standards
Act shall be revised as follows:
"Maternity leave" in Article 2 (1) 3 of the Act shall be
changed to "maternity leave".
Addenda

This Decree shall enter into force on July 1, 2013.
Article 2 (Applicability concerning Scope of Occupational Diseases
and Medical Treatment)
The amended provisions of Table 5 shall also apply to cases
where an employer provides necessary medical treatment or
pays necessary medical treatment expenses to a worker for an
occupational disease that occurs before this Decree enters into
force.
[Table 1]
Provisions Applicable to businesses or workplaces which

ordinarily employ 4 workers or less (Relating to Article 7)
Chapters Applicable Articles of the Act
Chapter Ⅰ
Articles 1 through 13
General Provisions
Chapter Ⅱ Articles 15, 17, 18, 19 (1), 20 through 22, 23 (2), 26, and 35
Labor Contract through 42
Chapter Ⅲ
Articles 43 through 45, and 47 through 49
Wages
Chapter Ⅳ
Working Hours Articles 54, 55 and 63
and Recess
Chapter Ⅴ Articles 64, 65 (1) and (3) (restricted to pregnant women and
Women and persons under the age of eighteen), 66 through 69, 70 (2)
Minors and (3), 71, 72 and 74
Chapter Ⅵ
Article 76
Safety and Health
Chapter Ⅷ
Accident Articles 78 through 92
Compensation
Chapter Ⅺ
Labor Inspectors, Articles 101 through 106
etc.
Articles 107 through 116 (restricted to cases where among

Chapter Ⅻ the provisions of Chapters Ⅰ through Ⅵ, Ⅷ and Ⅺ, those
Penal Provisions applying to businesses or workplaces which ordinarily
employ 4 workers or less are violated)
[Table 2] <Amended on Jul. 12, 2010>
Criteria, etc., for Determination of Working Conditions for

Part-time Workers (relating to Article 9 (1))
1. Signing of labor contract

A. If an employer employs a part-time worker, he/she shall prepare
a labor contract specifying wages, working hours and other
working conditions and give it to the worker.
B. The labor contract of a part-time worker shall clearly state the
contract period, working days, start and end times of working
hours, hourly wage and other matters determined by the Minister
of Employment and Labor.
2. Wage calculation
A. The wage of a part-time worker shall be calculated on an hourly
basis in principle, and if the hourly wage is translated into a daily
ordinary wage, it shall be calculated by multiplying the number of
contractual working hours a day under item B by the hourly
wage.
B. The number of contractual working hours a day for a part-time
worker shall be obtained by dividing the number of contractual
working hours during a four-week period by the number of
contractual working days during the same period for a full-time
worker.
3. Overtime work
A. If an employer intends to require a part-time worker to work on
any day other than the contractual working days or to work
beyond the contractual working hours, he/she shall clearly state in
the labor contract, employment rules, etc., the details and extent of
such overtime work, and if he/she has promised to pay additional
wages for overtime work, the overtime pay rate.
B. An employer may require a worker to work overtime only after
making an agreement with the worker.
4. Application of holidays and leave
A. An employer shall grant a part-time worker paid holidays under
B. An employer shall grant a part-time worker paid annual leave
under Article 60 of the Act. In such cases, the paid leave shall be
calculated on an hourly basis using the following formula, and
any fractions of one hour shall be considered one hour.
Number of contractual working
Number of days of hours for a part-time worker 8
annual leave for a × ×
Number of contractual working hours
full-time worker
hours for a full-time worker
C. An employer shall grant a female part-time worker menstruation

leave under Article 73 of the Act and maternity leave under
Article 74 of the Act
D. In the case of items A and C, the amount of wage to be paid by
the employer shall be calculated based on the daily ordinary wage
under subparagraph 2 A.
E. In the case of item B, the amount of wage to be paid by the
employer shall be calculated based on the hourly wage.
5. Preparation and alteration of employment rules
A. An employer may prepare employment rules applicable to part-time
workers, apart from those applicable to full-time workers.
B. If an employer intends to prepare or alter employment rules
pursuant to item A, he/she shall hear the opinions of a majority
of part-time workers subject thereto: Provided that he/she shall
obtain their consent in cases where he/she makes a change
unfavorable to part-time workers.
C. If no employment rules applicable to part-time workers are prepared,
the employment rules applicable to full-time workers shall apply
to part-time workers: Provided that if the employment rules have
any provision excluding part-time workers from the application or
stipulating that they shall apply to part-time workers in a different
way, the provision shall be complied with.
D. If employment rules applicable to part-time workers are prepared
or altered, pursuant to items A and C, no content which goes
against the intent of Article 18 (1) of the Act shall be included
therein.
[Table 3]
Criteria for imposition of enforcement levies

(relating to Article 13)
Amount of
Offence Relevant provision
enforcement levy
A person who fails to comply with

Article 33 (1) of the
a remedy order with regard to 5~20 million won
Act
dismissal without just cause

a remedy order with regard to Article 33 (1) of the 2.5~10 million
temporary layoff or suspension Act won
without just cause

a remedy order with regard to Article 33 (1) of the
2~5 million won
transfer or pay cut without just Act
cause

a remedy order with regard to any Article 33 (1) of the 1~5 million won
other punitive measure without just Act
cause
※ Remarks: The specific amount of enforcement levy shall be determined within

the range of amounts imposed according to type of offence, taking into
account the motive of the offence, the degree of attributability of the employer,
such as the degree of intention and negligence, the degree of efforts to
comply with the remedy order, the period during which the remedy order has
not been complied with, etc.
[Table 4] <Amended on Jul. 12, 2010>
Types of Work Prohibited for Pregnant Women, etc.

Classification Type of prohibited work
1. Wood processing using a 25cm- or larger-diameter circular saw

under Articles 59 and 60 of the Regulations on Occupational
Safety Standards and a band saw with a 75cm- or larger-diameter
pulley under Articles 61 and 62 of the same Regulations
2. Work for stoppage of electric currents, live-line work and
work near live lines under Chapters 3 and 4 of Title 5 of
the Regulations on Occupational Safety Standards
3. Erection or dismantling of log scaffolds under Section 3 of
Chapter 2 of Title 6 of the Regulations on Occupational
Safety Standards and dismantling of buildings under Chapter
5 of Title 6 of the same Regulations (excluding assistance
work on the ground)
4. Tunnel work under Section 3 of Chapter 3 of Title 6 of the
Regulations on Occupational Safety Standards, work in places
where there is a risk of a fall from elevation under Article
439 of the same Regulations and work in places where there
is a risk of collapse or a fall from high altitude under Article
452 of the same Regulations
5. Work involving vibration under subparagraph 4 of Article 58
under the Regulations on Occupational Health Standards
Pregnant
women 6. Work in high-pressure environments and work under water
under subparagraphs 2 and 3 of Article 69 of the Regulations
on Occupational Health Standards
7. Work in high-temperature or cold environments under Article
108 of the Regulations on Occupational Health Standards
8. Nuclear energy- and radiation-related work under Article 97
of the Atomic Energy Act, in which the exposure dose of
radiation workers, etc., exceeds the dose limit
9. Work involving the handling of hazardous substances, such
as lead, mercury, chromium, arsenic, yellow phosphorus,
fluoride (hydrofluoric acid), chloride (chloric acid), hydrogen
cyanide (cyanic acid), 2-bromopropane, aniline, potassium
hydroxide, phenol, ethylene glycol monomethyl ether, ethylene
glycol monoethyl ether, ethylene glycol monoethyl ether
acetate, vinyl chloride and benzene
10. Work highly likely to cause contamination with pathogens,
such as cytomegalovirus, hepatitis B virus and etc.: Provided
that doctors, nurses, radiographers, etc., who hold a valid
license or are in training shall be excluded
11. Work requiring the excessive bending or stretching of the
body or a sustained squatting or forward-leaning position
12. Work involving the handling of 5 kg or heavier objects in
the case of continuous work and 10 kg or heavier objects in
the case of intermittent work
13. Other types of work designated and announced by the
Minister of Employment and Labor after deliberation by the
Deliberation Committee on Industrial Accident Compensation
Insurance and Prevention under Article 8 of the Industrial
Accident Compensation Insurance Act (hereinafter referred
to as "Deliberation Committee on Industrial Accident
Compensation Insurance and Prevention"; hereinafter the
same shall apply in this Table)
1. Work involving the handling of lead and arsenic: Provided
that this shall not apply if a woman who is not breastfeeding
has submitted to her employer a written statement indicating
Women her willingness to be employed for such work.
within one
2. Work involving the handling of, or exposure to, 2-bromopropane
year after
childbirth 3. Other types of work designated and announced by the Minister
of Employment and Labor after deliberation by the Deliberation
Committee on Industrial Accident Compensation Insurance
and Prevention
1. Work involving the handling of, or exposure to, 2-bromopropane:

Provided that this shall not apply to women who have no
Non-pregnant medical possibility of getting pregnant
women 2. Other types of work designated and announced by the Minister
aged 18 and of Employment and Labor after deliberation by the Deliberation
over Committee on Industrial Accident Compensation Insurance
and Prevention
1. Work in high-pressure environments and work under water

under subparagraphs 2 and 3 of Article 69 of the Regulations
on Occupational Health Standards
2. Driving and operation in the occupations or industries in
which people under the age of 18 are restricted from getting
a driver's or operator's license in accordance with the
Construction Machinery Management Act, the Road Traffic
Act, etc.
3. Work in the occupations or industries in which young people
under the age of 18 are prohibited from being employed or
People under entering in accordance with other Acts, such as the Youth
the age of 18 Protection Act
4. Work at prisons or mental hospitals
5. Incineration or animal slaughtering
6. Work involving the handling of oil (excluding refueling work)
7. Work involving the handling of, or exposure to, 2-bromopropane
8. Other types of work designated and announced by the Minister
of Employment and Labor after deliberation by the Deliberation
Committee on Industrial Accident Compensation Insurance
and Prevention
[Table 5] <Amended on Jun. 28, 2013>
Scope of Occupational Diseases and Medical Treatment

(relating to Article 44 (1))
1. Scope of occupational diseases

A. Diseases caused by occupational injuries
B. Diseases caused by physical agents
1) Diseases due to hazardous radiation, such as X-rays, gamma
rays, ultraviolet rays and infrared rays
2) Diseases, such as heat exhaustion, heat stroke and burns, which
are due to work in hot environments or work involving the
handling of high-temperature objects
3) Diseases, such as frostbite and hypothermia, which are due to
work in cold environments or work involving the handling of
low-temperature objects
4) Diseases, such as decompression sickness, which are due to work
under abnormal atmospheric pressure
5) Ear diseases due to intense noise
6) Diseases due to work involving the use of vibration-generating
tools, such as rock drills
7) Nystagmus due to underground work
C. Diseases caused by chemical agents
1) Diseases, such as pneumoconiosis, which are due to work in
dust-generating environments
2) Cellulitis and other skin diseases due to irritants, allergens, etc.,
contained in soot, mineral oil, sumac, tar, cement, etc.
3) Metal fume fever due to metal fumes, such as zinc fumes
4) Diseases, such as burns and conjunctivitis, which are caused by
exposure to corrosive or irritating substances, such as acid,
alkali, chloride, fluoride and phenols
5) Poisoning or diseases caused by any of the following substances
and its compounds
a) Lead
b) Mercury
c) Manganese
d) Arsenic
e) Phosphorus
f) Cadmium
g) Hydrogen cyanide
6) Poisoning or diseases caused by any of the following substances
a) Chromium, nickel, aluminum and cobalt
b) Organic tin
c) Nitrogen dioxide and sulfur dioxide gas
d) Hydrogen sulfide
e) Carbon disulfide
f) Carbon monoxide
g) Benzene or its homologues and nitro- and amino-derivatives
h) Organic solvents, such as toluene and xylene
i) Aliphatic or aromatic hydrocarbon compounds other than those
referred to in (g) and (h)
j) Toxic, polar and other hazardous chemical substances other
than the chemical agents referred to in (2) through (5) and (6)
(a) through (i)
D. Diseases caused by biological agents
1) Infectious diseases due to work likely to cause infection with
pathogens, such as the examination, treatment and nursing of
patients
2) Leptospirosis due to work in humid environments
3) Tsutsugamusi and hemorrhagic fever with renal syndrome due to
outdoor work
4) Diseases, such as anthrax and erysipelas, which are due to work
involving the handling of animals or their carcasses, animal hair,
hides and other animal products, rags, scraps, etc.
E. Occupational cancer
Cancer caused by carcinogenic agents, such as soot, coal tar, coal
tar pitch, unrefined mineral oil, hexavalent chromium or its compounds,
vinyl chloride, benzene, asbestos, hepatitis B or C virus, ionizing radiation
such as X-rays or gamma rays, arsenic or its inorganic compounds,
nickel compounds, cadmium or its compounds, beryllium or its compounds,
wood dust, benzidine, beta-naphthylamine, crystalline silica, formaldehyde,
1,3-butadiene, radon-222 or its decay products, ethylene oxide and spray
painting
F. Internal hernia due to work which requires exerting excessive force
and musculoskeletal diseases due to work which puts strain on the
musculoskeletal system as it involves sustained awkward postures, many
repetitive movements, etc., such as work with video display terminals
(VDT)
G. Cerebrovascular diseases or heart diseases due to occupational
overwork, etc.
H. Post-traumatic stress disorder caused by work-related traumatic
events
I. Diseases designated by the Minister of Employment and Labor after
deliberation by the Deliberation Committee on Industrial Accident
Compensation Insurance and Prevention under Article 8 of the
Industrial Accident Compensation Insurance Act, other than those
provided for in items A through H
J. Diseases obviously caused by work, other than those provided for
in items A through I
2. Scope of medical treatment
A. Medical examination
B. Provision of medicine or treatment materials
C. Provision of artificial limbs or other assistive devices
D. Treatments, surgical operations and other remedies
E. Hospitalization
F. Nursing
G. Transfer
[Table 6]
Grades of Physical Disability (relating to Article 47 (1))
Grade Physical disability
Grade 1 1. A person who has lost sight in both eyes

1,340 days 2. A person who has permanently and completely lost speaking
of average and chewing functions
wages 3. A person who always needs nursing care from others due to
an obvious impairment in the functions of the nervous system
or mental functions
4. A person who always needs nursing care from others due to
an obvious impairment in the functions of the
thoracoabdominal organs
5. A person who has lost both arms above the elbow joints
6. A person who is permanently and completely unable to use
both arms
7. A person who has lost both legs above the knee joints
both legs
Grade 2 1. A person who has lost sight in one eye and has vision of
1,190 days 0.02 or less in the other eye
of average 2. A person who has vision of 0.02 or less in both eyes
wages 3. A person who has lost both arms above the wrist joints
4. A person who has lost both legs above the ankle joints
5. A person who frequently needs nursing care from others due
to an obvious impairment in the functions of the nervous
system or mental functions
6. A person who frequently needs nursing care from others due
to an obvious impairment in the functions of the
Grade 3 1. A person who has lost sight in one eye and has vision of
1,050 days 0.06 or less in the other eye
of average 2. A person who has permanently and completely lost speaking
wages or chewing function
3. A person who is unable to work during his/her lifetime due
to an obvious impairment in the functions of the nervous
system or mental functions
4. A person who is unable to work during his/her lifetime due
to an obvious impairment in the functions of the
5. A person who has lost every finger on both hands
Grade 4 1. A person who has vision of 0.06 or less in both eyes
920 days of 2. A person who has an obvious impairment in speaking and
average chewing functions
wages 3. A person who has completely lost hearing in both ears
because of total eardrum defects or any other reason
4. A person who has lost one arm above the elbow joint
5. A person who has lost one leg above the knee joint
6. A person who is unable to use every finger on both hands
properly
7. A person who has lost both feet above the Lisfranc joints
Grade 5 1. A person who has lost sight in one eye and has vision of 0.1
790 days of or less in the other eye
average 2. A person who has lost one arm above the wrist joint
wages 3. A person who has lost one leg above the ankle joint
one arm
one leg
6. A person who has lost every toe on both feet
7. A person who is unable to engage in any work, other than
extraordinarily easy work, due to an obvious impairment in
the functions of the thoracoabdominal organs
extraordinarily easy work, due to an obvious impairment in
the functions of the nervous system or mental functions

670 days of 2. A person who has an obvious impairment in speaking or
average chewing function
wages 3. A person who is unable to hear a loud speaking voice in
both ears unless it is spoken directly into the ears because of
large eardrum defects or any other reason.
4. A person who has completely lost hearing in one ear and is
unable to hear a normal speaking voice in the other ear at a
distance of 40 cm or more
5. A person who has an obvious deformity or functional
impairment in the spine
6. A person who is unable to properly use two of the three
major joints of one arm
7. A person who is unable to properly use two of the three
major joints of one leg
8. A person who has lost every finger on one hand or four
fingers on one hand, including the thumb and index finger
Grade 7 1. A person who has lost sight in one eye and has vision of 0.6
560 days of or less in the other eye
average 2. A person who is unable to hear a normal speaking voice in
wages both ears at a distance of 40 cm or more
3. A person who has completely lost hearing in one ear and is
unable to hear a normal speaking voice in the other ear at a
distance of 1 m or more
easy work, due to an impairment in the functions of the
nervous system or mental functions
easy work, due to an impairment in the functions of the
6. A person who has lost the thumb and index finger of one
hand or a person who has lost three fingers or more on one
hand, including the thumb or index finger
7. A person who is unable to properly use every finger on one
hand or four fingers on one hand, including the thumb and
index finger
8. A person who has lost one foot above the Lisfranc joint
9. A person who has an obvious motor impairment due to
pseudoathrosis of one arm
10. A person who has an obvious motor impairment due to
pseudoathrosis of one leg
11. A person who is unable to properly use every toe on both
feet
12. A person who has an obvious scar affecting his/her outward
appearance
13. A person who has lost both testicles
Grade 8 1. A person who has lost sight in one eye or has vision of 0.02
450 days of or less in one eye
average 2. A person who has a mild deformity or functional impairment
wages in the spine
3. A person who has lost two fingers on one hand, including
the thumb
4. A person who is unable to use the thumb and index finger of
one hand properly or a person who is unable to use three
fingers or more on one hand properly, including the thumb
or index finger
5. A person whose one leg has been shortened by 5 cm or more
6. A person who is unable to properly use one of the three
major joints of one arm
7. A person who is unable to properly use one of the three
major joints of one leg
8. A person who has pseudoathrosis in one arm
9. A person who has pseudoathrosis in one leg
10. A person who has lost every toe on one foot
11. A person who has lost the spleen or one kidney
350 days of 2. A person who has vision of 0.06 or less in one eye
average 3. A person who has hemianopsia, visual field contraction or
wages visual field defects in both eyes
4. A person who has obvious defects in both eyelids
5. A person who has an obvious impairment in nasal functions
due to nose defects
6. A person who has an impairment in speaking and chewing
functions
7. A person who is unable to hear a loud speaking voice in
both ears at a distance of 1 m or more
8. A person who is unable to hear a loud speaking voice in one
ear unless it is spoken directly into the ear and is unable to
hear a normal speaking voice in the other ear at a distance of
1 m or more
9. A person who has permanently and completely lost hearing in
one ear
10. A person who has lost the thumb of one hand, a person
who has lost two fingers on one hand, including the index
finger or a person who has lost three fingers on one hand,
excluding the thumb and index finger
11. A person who is unable to properly use two fingers on one
hand, including the thumb
12. A person who has lost two toes or more on one foot,
including the great toe
13. A person who is unable to properly use every toe on one
foot
14. A person who has an obvious impairment in the
reproductive organs
15. A person who is substantially limited in working due to an
impairment in the functions of the nervous system or mental
functions
16. A person who is substantially limited in working due to an
impairments in the functions of the thoracoabdominal organs
Grade 10 1. A person who has vision of 0.1 or less in one eye
270 days of 2. A person who has an impairment in speaking or chewing
average function
wages 3. A person who has a dental prosthesis installed for 14 teeth or
more
4. A person who is unable to hear a loud speaking voice in one
ear unless it is spoken directly into the ear
5. A person who is unable to hear a normal speaking voice in
6. A person who had a functional impairment in the spine but
has been cured by conservative treatment
7. A person who has lost the index finger of one hand or a
person who has lost two fingers on one hand, excluding the
thumb and index finger
8. A person who is unable to use the thumb of one hand
properly, a person who is unable to use two fingers on one
hand properly, including the index finger, or a person who is
unable to use three fingers on one hand properly, excluding
the thumb and index finger
9. A person whose one leg has been shortened by 3 cm or more
10. A person who has lost either the great toe or the other four
toes on one foot
11. A person who has an obvious functional impairment in one
of the three major joints of one arm
12. A person who has an obvious functional impairment in one
of the three major joints of one leg
Grade 11 1. A person who has an obvious accommodative or motor
200 days of impairment in both eyeballs
average 2. A person who has an obvious motor impairment in both
wages eyelids
3. A person who has an obvious defect in one eyelid
4. A person who is unable to hear a normal speaking voice in
one ear at a distance of 40 cm or more
5. A person who has a deformity in the spine
6. A person who has lost the middle or ring finger of one hand
7. A person who is unable to use the index finger of one hand
properly or a person who is unable to use two fingers on one
hand properly, excluding the thumb and index finger
8. A person who is unable to use two toes or more on one foot
properly, including the great toe
9. A person who has an impairment in the functions of the
10. A person who has a dental prosthesis installed for 10 teeth
or more
11. A person who is unable to hear a small speaking voice in
Grade 12 1. A person who has an obvious accommodative or motor
140 days of impairment in one eyeball
average 2. A person who has an obvious motor impairment in one
wages eyelid
3. A person who has a dental prosthesis installed for 7 teeth or
more
4. A person who has a large auricular defect in one ear
5. A person who has an obvious deformity in the clavicle,
sternum, costae, scapular or pelvis
6. A person who has a functional impairment in one of the
three major joints of one arm
7. A person who has a functional impairment in one of the
three major joints of one leg
8. A person who has a deformity in the long bone
9. A person who is unable to use the middle or ring finger of
one hand properly
10. A person who has lost the second toe of one foot, a person
who has lost two toes on one foot, including the second toe,
or a person who has lost the middle, fourth and little toes
of one foot
11. A person who is unable to use either the great toe or the
other four toes of one foot properly
12. A person who has a stubborn neurological symptom in parts
of the body
13. A person who has a scar affecting his/her outward
appearance
Grade 13 1. A person who has vision of 0.6 or less in one eye

90 days of 2. A person who has hemianopsia, visual field contraction or
average visual field defects in one eye
wages 3. A person who has partial defects in both eyelids or defects in
both eyelashes
4. A person who has a dental prosthesis installed for 5 teeth or
more
5. A person who has lost the little finger of one hand
6. A person who has lost some bones in the thumb of one hand
7. A person who has lost some bones in the index finger of one
hand
8. A person who is unable to bend and stretch the distal
interphalangeal joint of the index finger of one hand
9. A person whose leg has been shortened by 1 cm or more
10. A person who has lost one or two toes, among the middle,
fourth and little toes, on one foot
11. A person who is unable to use the second toe of one foot
properly, a person who is unable to use two toes on one
foot properly, including the second toe or a person who is
unable to use the middle, fourth and little toes of one foot
properly
Grade 14 1. A person who has a partial defect in one eyelid or a defect

50 days of in one eyelash
average 2. A person who has a dental prosthesis installed for 3 teeth or
wages more
3. A person who has a hand-size scar on the outward side of
his/her arm
4. A person who has a hand-size scar on the outward side of
his/her leg
5. A person who is unable to use the little finger of one hand
properly
6. A person who has lost some bones in any finger, other than
the thumb and index finger, on one hand
7. A person who is unable to bend and stretch the distal
interphalangeal joint of any finger, other than the thumb and
index finger, on one hand
8. A person who is unable to use one or two toes, among the
middle, fourth and little toes, on one foot properly
9. A person who has a neurological symptom in parts of the
body
10. A person who is unable to hear a small speaking voice in
one ear at a distance of 1 m or more
[Table 7] <Amended on Sept. 24, 2014>
Criteria for Imposition of Fines for Negligence

1. General criteria
A. The criteria for the imposition of fines for negligence according to
the number of offences shall apply to cases where a fine for
negligence has been imposed for the same offence in the past one
year. In such cases, the number of offences shall be calculated based
on the date on which a fine for negligence was imposed for an
offence and the date on which the same offence was found again.
B. If an offender falls under any of the following conditions, the
Minister of Employment and Labor may reduce the amount of
fine for negligence under subparagraph 2 by up to half: Provided
that this shall not apply to offenders who are failing to pay a
fine for negligence.
1) Where the offender falls under any of the subparagraphs of
Article 2-2 (1) of the Enforcement Decree of the Act on the
Regulation of Violations of Public Order;
2) Where the offence is deemed to have occurred due to negligence,
such as minor carelessness or error;
3) Where the offender has resolved his/her offence by correcting or
redressing it right away;
4) Where the offender has a reason, such as suffering a considerable
loss of property due to a natural disaster, fire, etc., or facing a
serious crisis due to deterioration of business conditions; and
5) Other cases where it is deemed necessary to reduce the amount
of fine for negligence in consideration of the degree of the
offence, the motive and consequences of the offence, etc.
2. Specific criteria
Amount of fine for
negligence (10,000 won)
Relevant 3rd and
Offence 1st 2nd
provision subseq-
offe- offe-
uent
nce nce
offences
A. Where a person fails to report or Article 116
present him/herself when requested to (1) 1 of the
do so under Article 13 of the Act, or Act
makes a false report
1) Where a person fails to report or 50 100 200
present him/herself
2) Where a person makes a false report 300 300 300
B. Where a person violates the obligation to Article 116 30 50 100

post or keep under Article 14 of the Act (1) 2 of the
Act
C. Where a person violates the obligation Article 116

to issue a certificate of employment (1) 2 of the
under Article 39 of the Act Act
1) Where a person fails to give a 30 50 100
certificate of employment immediately
2) Where a person gives an untruthful 50 100 200
certificate of employment
3) Where a person enters any item not 80 150 300
requested by a worker on his/her
certificate of employment
D. Where a person violates the obligation Article 116

to prepare a register of workers under (1) 2 of the
Article 41 of the Act Act
1) Where a person fails to prepare a 30 50 100
register of workers
2) Where a person fails to record some of 20 30 50
the items that must be entered in a
register of workers or fails to make a
prompt revision to reflect changes
E. Where a person violates the obligation to Article 116 80 150 300

preserve documents regarding labor (1) 2 of the
contracts under Article 42 of the Act Act
F. Where a person violates the obligation to Article 116

prepare a wage ledger under Article 48 (1) 2 of the
of the Act Act
1) Where a person fails to prepare a wage 30 50 100
ledger
2) Where a person fails to record some of 20 30 50
the matters that must be entered in a
wage ledger
G. Where a person violates the obligation Article 116 80 150 300

to keep documents proving minors (1) 2 of the
H. Where a person fails to allow a female Article 116 500 500 500
worker to reduce her working hours (1) 2 of the
under Article 74 (7) of the Act Act
I. Where a person violates the obligation to Article 116 50 100 200

keep important documents concerning (1) 2 of the
accident compensation under Article 91 of Act
the Act
J. Where a person violates the obligation to Article 116

prepare and report employment rules (1) 2 of the
1) Where a person fails to prepare 70 130 250
employment rules
2) Where a person prepares employment 40 80 150
rules but fails to report them
3) Where a person fails to report any 40 80 150
change to employment rules
K. Where a person interferes with the Article 116 80 150 300

election of staff in violation of Article 98 (1) 2 of the
(2) of the Act Act
L. Where a person violates the obligation to Article 116

prepare dormitory rules under Article 99 (1) 2 of the
of the Act Act
1) Where a person fails to prepare 40 80 150
dormitory rules
2) Where a person fails to obtain the consent 20 30 50
of the person representing a majority of
boarding workers with regard to the
preparation of, or amendment to,
dormitory rules
3) Where a person fails to obey dormitory 30 50 100
rules
M. Where a person refuses, obstructs or Article 116
evades an inspection or a medical (1) 3 of the
examination by a labor inspector or a Act
doctor designated thereby under Article
102 of the Act, fails to make a
statement or makes a false statement in
response to interrogation or fails to
submit books and documents or submits
false books and documents
1) Where a person refuses, obstructs or 500 500 500
evades an inspection or a medical
examination by a labor inspector or a
doctor designated thereby
2) Where a person fails to make a

statement or makes a false statement in
response to interrogation by a labor
inspector
a) Where a person fails to make a 50 100 200
statement
b) Where a person makes a false 300 300 300
statement
3) Where a person fails to submit books

and documents at the request of a
labor inspector or submits false books
and documents
a) Where a person fails to submit books 50 100 200
and documents
b) Where a person submits false books 300 300 300
and documents

Enforcement Decree of The Labor Standards Act 2013 (24652)

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Enforcement Decree of The Labor Standards Act 2013 (24652)

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ENFORCEMENT DECREE OF THE LABOR STANDARDS

Amended by Presidential Decree No. 15682, Feb. 24, 1998

Article 34 (Worker Excluded from Application of Working Hours, etc.)

Article 1 (Enforcement Date)

This Decree shall enter into force on August 22, 2009.

Article 1 (Enforcement Date)

Article 1 (Enforcement Date)

Article 1 (Enforcement Date)

This Decree shall enter into force on 1 January, 2012.

Article 1 (Enforcement Date)

This Decree shall enter into force on August 2, 2012.

Article 1 (Enforcement Date)

Article 1 (Enforcement Date)

Provisions Applicable to businesses or workplaces which

Chapters Applicable Articles of the Act

Articles 107 through 116 (restricted to cases where among

Criteria, etc., for Determination of Working Conditions for

1. Signing of labor contract

C. An employer shall grant a female part-time worker menstruation

Criteria for imposition of enforcement levies

A person who fails to comply with

A person who fails to comply with

A person who fails to comply with

A person who fails to comply with

※ Remarks: The specific amount of enforcement levy shall be determined within

Types of Work Prohibited for Pregnant Women, etc.

Classification Type of prohibited work

1. Wood processing using a 25cm- or larger-diameter circular saw

1. Work involving the handling of, or exposure to, 2-bromopropane:

1. Work in high-pressure environments and work under water

Scope of Occupational Diseases and Medical Treatment

1. Scope of occupational diseases

Grades of Physical Disability (relating to Article 47 (1))

Grade Physical disability

Grade 1 1. A person who has lost sight in both eyes

Grade 6 1. A person who has vision of 0.1 or less in both eyes

Grade 13 1. A person who has vision of 0.6 or less in one eye

Grade 14 1. A person who has a partial defect in one eyelid or a defect

Criteria for Imposition of Fines for Negligence

B. Where a person violates the obligation to Article 116 30 50 100

C. Where a person violates the obligation Article 116

D. Where a person violates the obligation Article 116

E. Where a person violates the obligation to Article 116 80 150 300

F. Where a person violates the obligation to Article 116

G. Where a person violates the obligation Article 116 80 150 300

I. Where a person violates the obligation to Article 116 50 100 200

J. Where a person violates the obligation to Article 116

K. Where a person interferes with the Article 116 80 150 300

L. Where a person violates the obligation to Article 116

2) Where a person fails to make a

3) Where a person fails to submit books

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