国内政策【切换】 国际政策

ENFORCEMENT DECREE OF THE LABOR STANDARDS ACT Enforcement Date 12. Jul, 2010Article 58~Article 60

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, the priority of survivors for compensation shall be given in the order in the following subparagraphs, but the priority of the members under one and the same subparagraph shall be given in the order as listed hereunder:   <Amended by Presidential Decree No. 20873, Jun. 25, 2008>

1.Spouse (including de facto spouse not by law), children, parents, grandchildren and grandparents who were dependent upon the worker at the time of his/her death;

2. S pouse, children, parents, grandchildren and grandparents who were not dependent upon the dead worker;

3. Siblings who were dependent upon the dead worker;

4.Siblings who were not dependent upon the dead worker.

(2) In determining the priority of surviving family members, adoptive parents shall take precedence over biological parents, adoptive grandparents shall take precedence over biological grandparents, and adoptive parents of parents shall take precedence over biological grandparents of parents.

(3) Notwithstanding paragraphs (1) and (2), a specific person designated, if any, among surviving family members under paragraph (1) in the worker's will or by a pre-arrangement with the employer shall take precedence over others.

Article 49 (Members of Same Priority)

Where there are two or more surviving family members of the same priority eligible for compensation for survivors, that compensation shall be divided equally according to the number of such members.

Article 50 (Death of Definite Recipient of Compensation for Survivors)

Where any surviving family member definitely confirmed as the one eligible for compensation for survivors is dead, the compensation shall be paid to the members of the same priority with him/her, if any, or to the members of the next priority, if there is no member of the same priority with him/her.

Article 51 (Period of Compensation) (1) Disability compensation shall be paid without delay after a worker completely recovers from an injury or 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 Wage for Accident Compensation)

In paying compensation for an accident, the date when an accident occurred to cause death or an injury or the date on which it is finally determined by medical examination that a disease was inflicted shall be deemed as the date on which the cause for calculating average wage occurred.

Article 53 Deleted. <by Presidential Decree No. 20873, Jun. 25, 2008>

Article 54 (Posting, etc. of Draft Dormitory Rules)

Any employer who intends to obtain consent of the representative of the majority of workers in accordance with 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 for seeking such consent, if the majority of the workers who are accommodated in the dormitory are less than 18 years old.

Article 55 (Separation of Male and Female Residing in Dormitory)

The employer shall not have male and female workers accommodated in the same room of a dormitory.

Article 56 (Location of Dormitory)

Every employer shall avoid any place with severe noise and vibration in establishing a dormitory.

Article 57 (Bedrooms)

Workers in two or more different shifts shall not be accommodated in one bedroom, if each shift has different working hours.

Article 58 (Standards for Establishment of Dormitory)

The area of a dormitory bedroom shall be at least 2.5 square meters per person, and the number of persons accommodated in one room shall not exceed 15 persons.

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 relations offices pursuant to Article 106 of the Act:   <Amended by Presidential Decree No. 22269, Jul. 12, 2010>

1. Demanding a report or appearance pursuant to Article 13 of the Act;

2. Receipt of a report on the layoff plan pursuant to Article 24 (4) of the Act;

3.Granting of an authorization or approval for extension of working hours pursuant to Article 53 (3) of the Act;

4. Issuance of an order of recess or holiday pursuant to Article 53 (4) of the Act;

5.Granting of an approval for a person who engages in surveillance or intermittent work pursuant to subparagraph 3 of Article 63 of the Act;

6. Issuance of an employment permit certificate and revoking such a certificate pursuant to Article 64 of the Act;

7. Terminating an employment contract disadvantageous to the minor pursuant to 67 (2) of the Act;

8.Granting of an authorization for night and holiday duties of pregnant women, nursing mothers, and persons of less than 18 years old pursuant to the proviso of Article 70 (2) of the Act;

9. Matters related to review and arbitration on an objection to recognition, etc. of an accident under Article 88 of the Act and medical examination and diagnosis for such a purpose;

10. Receipt of a report on employment regulations pursuant to Article 93 of the Act;

11. Issuance of an order of revising employment regulations pursuant to Article 96 (2) of the Act;

12. Issuance of a written instruction for inspection or medical examination pursuant to Article 102 (3) of the Act;

13. Receipt of a notice of an offense pursuant to Article 104 (1) of the Act;

14. Imposing and collecting a fine for negligence pursuant to Article 116 of the Act;

15. Receipt of a report on special case pursuant to Article 2 of the Addenda of the Amendment (Act No. 6974) to the Labor Standards Act;

16. Issuance of an order to submit measures for maintaining the level of wages pursuant to Article 28 (2) and giving confirmation thereof;

17. Receipt of an application for employment permit pursuant to Article 35 (2);

18. Receipt of a returned employment permit certificate pursuant to Article 38 (2).

Article 60 (Imposition of Fines for Negligence)

The criteria for imposition of a fine for negligence under Article 116 (1) of the Act shall be as prescribed in attached Table 7: Provided, That the Minister of Employment and Labor may reduce or increase a fine for negligence within 1/2 of the amount of the fine for negligence in consideration of the degree of violation, the number of times of violation, the motive of violation and the result thereof, etc., however, when increasing a fine for negligence, it shall not exceed the upper limit of the fine for negligence under Article 116 (1) of the Act.  <Amended by Presidential Decree No. 22269, Jul. 12, 2010>

[This Article Wholly Amended by Presidential Decree No. 20873, Jun. 25, 2008]

  ADDENDUM<Presidential Decree No. 21695, Aug. 18, 2009>

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

  ADDENDA<Presidential Decree No. 22061, Feb. 24, 2010>

Article 1 (Enforcement Date) 

This Decree shall enter into force on April 10, 2010.

Article 2  Omitted.