国内政策【切换】 国际政策

ENFORCEMENT DECREE OF THE LABOR STANDARDS ACT Enforcement Date 01. Jul, 2018Article 13~Article 22

Article 13 (Guidelines for Imposition of Charges for Compelling Performance) The guidelines for imposition of the charge for compelling performance according to the type and degree of an offense under Article 33 (4) of the Act shall be as provided for in attached Table 3.

Article 14 (Suspension of Imposition of Charges for Compelling Performance) The Labor Relations Commission may, if there is either of the following causes or events, impose the charge for compelling performance, ex officio or at the employer's request, after the cause or event terminates :

1.The employer has objectively made efforts to perform the order for remedy, but it is evidently difficult for the employer to perform the order for remedy because of the employee's unknown whereabout, etc.;

2.If it is difficult to perform the order for remedy owing to a natural disaster or any other unavoidable cause or event.

Article 15 (Refund of Charges for Compelling Performance) (1) If the order for remedy is reversed by a decision on a review by the Central Labor Relations Commission or a final and conclusive judgment by a court, the Labor Relations Commission shall, ex officio or at the employer's request, stop imposing or collecting the charge for compelling performance and refund the charge already collected.

(2) The Labor Relations Commission shall, when it refunds the charge for compelling performance pursuant to paragraph (1), add to the refunded charges an amount calculated by multiplying the charge by the interest rate prescribed by Ordinance of the Ministry of Employment and Labor for the period from the date of payment of the charge to the date of refund.  <Amended by Presidential Decree No. 22269, Jul. 12, 2010>

(3) Detailed procedures for refunding the charge for compelling performance pursuant to paragraph (1) shall be prescribed by Ordinance of the Ministry of Employment and Labor.  <Amended by Presidential Decree No. 22269, Jul. 12, 2010>

Article 16 (Definition of Probationary Employees) "Employee in a probationary period" in subparagraph 5 of Article 35 of the Act means a person who has been employed on probation for three months or less.

Article 17 (Late Payment Interest for Overdue Wage) "Interest rate prescribed by Presidential Decree" in Article 37 (1) of the Act means twenty percent per annum.

Article 18 (Grounds for Exclusion from Application of Late Payment Interest) "Other reasons prescribed by Presidential Decree" in Article 37 (2) of the Act means any of the following causes and events:   <Amended by Presidential Decree No. 25630, Sep. 24, 2014>

1.A case falling under any of the subparagraphs of Article 7 (1) of the Wage Claim Guarantee Act;

2.Where it is impracticable to secure the funds for payment of wages and retirement benefits due to statutory restraints under the Debtor Rehabilitation and Bankruptcy Act, the National Finance Act, the Local Autonomy Act, etc.;

3.Where it is deemed appropriate to bring a case to a court or the Labor Relations Commission for a trial on the existence of all or part of any wage or retirement benefit for which the payment has been delayed;

4.Where there exists any other cause or event similar to those under subparagraphs 1 through 3.

Article 19 (Request for Issuance of Certificate of Employment) The persons eligible for requesting the issuance of the certificate of employment in accordance with Article 39 (1) of the Act shall be the employees who have been employed for 30 days or longer continuously, but such a request shall be made within three years after retirement.

Article 20 (Entries in Register of Employees) The register of employees under Article 41 (1) of the Act shall contain each of the following matters as prescribed by Ordinance of the Ministry of Employment and Labor:   <Amended by Presidential Decree No. 22269, Jul. 12, 2010>

1. Name;

2. Gender;

3. Date of birth;

4. Address;

5. Personal history;

6. Type of task engaged in;

7. Date, month, year of employment or renewal thereof, employment period, if agreed upon, and other matters related to employment;

8. Date, month, year of dismissal, retirement, or death, and the reason thereof;

9. Other necessary matters.

Article 21 (Exception to Drawing up Register of Employees) With respect to daily hire employees who have been employed for less than 30 days, the register of employees may not be formulated.

Article 22 (Documents, etc. for Preservation) (1) The term "important documents related to an employment contract as prescribed by Presidential Decree" in Article 42 of the Act means the following documents:

1. Employment contracts;

2. Wage ledgers;

3. Documents pertaining to the basis for the 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 leaves of absence;

7. Deleted;  <by Presidential Decree No. 25840, Dec. 9, 2014>

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 a minor under Article 66 of the Act.

(2) The preservation period of important documents on employment contracts under Article 42 of the Act shall be counted from any of the following dates:

1. For the register of employees, the date of dismissal, retirement, or death of an employee;

2. For employment contracts, the date of termination of employment;

3. For wage ledgers, the date of the last entry;

4. For documents on employment, dismissal, or retirement, the date of dismissal or retirement of an employee;

5. Deleted;  <by Presidential Decree No. 29010, Jun. 29, 2018>

6. For documents related to a written agreement under paragraph (1) 8, the date of an agreement concluded in writing;

7.For documents pertaining to certification of a minor, the date on which the minor attains the age of 18 (if the minor is dismissed, retires, or dies before the age of 18, the date of dismissal, retirement, or death);

8. Date of completion for other documents.