国内政策【切换】 国际政策

ENFORCEMENT DECREE OF THE LABOR STANDARDS ACT Enforcement Date 01. Jul, 2018Article 7~Article 12

Article 7 (Scope of Application) The provisions of the Act applicable pursuant to Article 11 (2) of the Act to any business or workplace that regularly employs four or less employees shall be as specified in attached Table 1.

Article 7-2 (Calculation Method of Number of Employees Regularly Employed)(1) "Number of employees regularly employed" in Article 11 (3) of the Act means the number of employees calculated by dividing the total number of employees employed for one month (in cases of less than one month from the commencement of a business , referring to a period after the commencement of such business; hereinafter referred to as the "period of calculation") prior to the date of occurrence of a reason (referring to a reason requiring judgement as to whether the Act or this Decree applies, such as payment of a compensation of suspension of work, application of working hours, etc.; hereafter the same shall apply in this Article) governed by the Act in the relevant business or at the relevant workplace by the number of working days during the same period .

(2) Notwithstanding paragraph (1), according to the following classifications, a business or workplace shall be deemed a business or a workplace that employs five (in the case of judgement as to whether Article 93 of the Act shall apply, referring to 10 employees; hereafter referred to as "criteria for application of the Act" in this Article) or more employees (hereafter referred to as "business or workplace governed by the Act" in this Article), or shall not be deemed a business or a workplace governed by the Act:

1.In cases where it is deemed the business or the workplace governed by the Act: Where the number of days, in which the number of employees of the relevant business or the relevant workplace calculated under paragraph (1) falls short of the criteria for application of the Act, is less than 1/2 of a period for calculation even in cases not falling under the business or the workplace governed by the Act;

2.In cases where it is not deemed the business or workplace governed by the Act: Where the number of days, in which the number of employees of the relevant business or the relevant workplace calculated under paragraph (1) falls short of the criteria for application of the Act, is more than 1/2 of a period for calculation, even in cases falling under the business or workplace governed by the Act.

(3) Where determining whether the provisions of Articles 60 through 62 of the Act (excluding the provisions concerning an annual paid leave under Article 60 (2) of the Act) apply, the business or the workplace that employs five or more employees continuously for one year prior to the date of occurrence of a reason for application of the Act as a result of calculation of the number of employees by month pursuant to paragraphs (1) and (2) shall be deemed the business or the workplace governed by the Act .

(4) The total number of employees in paragraph (1) shall include all of the following employees, excluding temporary agency workers under subparagraph 5 of Article 2 of the Act on the Protection of Temporary Agency Workers:   <Amended by Presidential Decree No. 29010, Jun. 29, 2018>

1.All the employees working for a single business or workplace regardless of the type of employment, such as full-time employees of the relevant business or the relevant workplace and fixed-term employees and part-time employees under subparagraph 1 of Article 2 of the Act on the Protection of Fixed-Term and Part-Time Employees;

2.A person who works for his or her cohabiting relative's business or workplace if such business or workplace employs at least one employee falling under subparagraph 1.

[This Article Newly Inserted by Presidential Decree No. 20873, Jun. 25, 2008]

Article 8 (Terms and Conditions of Employment to Be Specified) "Other terms and conditions of employment prescribed by Presidential Decree" in Article 17 (1) 5 of the Act means the following terms and conditions:   <Amended by Presidential Decree No. 29010, Jun. 29, 2018>

1. Matters relating to the place of work and the work to be engaged in;

2. Matters prescribed in subparagraphs 1 through 12 of Article 93 of the Act;

3. Matters provided by the dormitory rules, if employees are required to lodge at a dormitory connected to the workplace.

Article 8-2 (Delivery of Documents Requested by Employees) "Where altered due to reasons prescribed by Presidential Decree, such as changes, etc. of collective agreements or rules of employment" under the proviso to Article 17 (2) of the Act means any of the following cases:

1.Where altered by written agreement with the labor representative pursuant to Articles 51 (2), 52, 57, 58 (2) and (3), 59 or 62 of the Act;

2. Where altered by employment rules under Article 93 of the Act;

3.Where altered by collective agreements under Article 31 (1) of the Trade Union and Labor Relations Adjustment Act;

4. Where altered by statutes.

[This Article Newly Inserted by Presidential Decree No. 23155, Sep. 22, 2011]

Article 9 (Standards, etc. of Terms and Conditions of Employment for Part-time Employees) (1) The standard terms and conditions applicable in determining the terms and conditions of employment for part-time employees under Article 18 (2) of the Act and other necessary matters therefor shall be as specified in attached Table 2.

(2) and (3) Deleted.  <by Presidential Decree No. 20873, Jun. 25, 2008>

Article 10 (Reporting on Layoff Plan on Grounds of Business Management) (1) An employer who intends to lay off employees in number in accordance with Article 24 (4) of the Act, shall submit a report thereon to the Minister of Employment and Labor at least 30 days before the date on which the intended layoff begins:   <Amended by Presidential Decree No. 22269, Jul. 12, 2010>

1.The business or workplace with a regular workforce of not more than 99 employees: 10 persons or more;

2. The business or workplace with a regular workforce of at least 100 employees, but no more than 999 employees: Ten percent or more of the number of the regular workforce;

3.The business or workplace with a regular workforce of at least 1,000 employees: 100 persons or more.

(2) The reporting under paragraph (1) shall contain the following matters:

1. Grounds for layoff;

2. Planned number of employees for layoff;

3. Details of agreement with the representative of employees;

4. Timetable for layoff.

Article 11 (Time Limit for Performance of Order for Remedy) The Labor Relations Commission under the Labor Relations Commission Act (hereinafter referred to as the "Labor Relations Commission") shall, whenever it issues an order for remedy to an employer pursuant to Article 30 (1) of the Act (hereinafter referred to as an "order for remedy"), prescribe the time limit for performance. In this case, the time limit shall not exceed 30 days from the date on which the order for remedy is issued.

Article 12 (Deadline for Payment of Charges for Compelling Performance and Presentation of Opinion, etc.) (1) The Labor Relations Commission shall, when it imposes the charge for compelling performance pursuant to Article 33 (1) of the Act, prescribe the time limit for the payment, which shall not exceed 15 days from the date of receiving a notice of imposition of the charge for compelling performance.

(2) If it is difficult to pay the charge for compelling performance within the payment deadline under paragraph (1) due to a natural disaster or any other unavoidable cause or event, the Labor Relations Commission may require the payment of charge within 15 days from the date such a cause or event ceases to exist.

(3) When a prior notice of the intent to impose and collect the charge for compelling performance is given in writing to an employer pursuant to Article 33 (2) of the Act, the notice shall contain the information that the employer has an opportunity to make a statement on his/her side, orally or in writing (including an electronic document), within a fixed period of at least ten days. In this case, if he/she fails to make a statement by the given deadline, it shall be deemed that the employer has no objection.

(4) The procedures for collecting the charge for compelling performance shall be prescribed by Ordinance of the Ministry of Employment and Labor.  <Amended by Presidential Decree No. 22269, Jul. 12, 2010>