国内政策【切换】 国际政策

ENFORCEMENT DECREE OF THE LABOR STANDARDS ACT Enforcement Date 01. Jul, 2018Article 23~Article 27

Article 23 (Exception to Wages to be Paid at Least Once Monthly) The term "extraordinary wages, allowances, or other similar payments, or the wages prescribed by Presidential Decree" in the proviso to Article 43 (2) of the Act means those falling under the following subparagraphs:

1.Allowance for good attendance payable on the basis of the attendance record for a period exceeding one month;

2. Seniority allowance payable for consecutive service for a fixed period exceeding one month;

3. Incentive, proficiency allowance, or bonus calculated on a ground sustaining for a period exceeding one month;

4. Other various allowances paid on an irregular basis.

Article 23-2 (Cases Not Subject to Disclosure of Name of the Business Owner in Arrear) “Where the disclosure of name is not effective due to death of the business owner in arrear or closure of business or where other reasons prescribed by Presidential Decree exist ”Under the proviso to Article 43-2 (1) of the Act means any of the following cases:

1.Where the business owner (hereinafter referred to as “business owner in arrear”) who has failed to pay the wages, compensations, allowances and all other money or valuables pursuant to Articles 36, 43, and 56 of the Act (hereinafter referred to to as “wages, etc.”) dies or is sentenced to the judicial declaration of disappearance pursuant to Article 27 of the Civil Act (applicable only where the business owner in arrear is a natural person);

2.Where the business owner in arrear pays the full amount of the wages, etc. in arrear before the end of the explanation period under Article 43-2 (2) of the Act;

3.Where the business owner in arrear receives the court decision for initiation of rehabilitation procedure or he/she is sentenced to bankruptcy pursuant to the Debtor Rehabilitation and Bankruptcy Act;

4.Where the business owner in arrear receives the acknowledgment of bankruptcy or other facts pursuant to Article 5 of the Enforcement Decree of the Wage Claim Guarantee Act;

5. Where the business owner in arrear is deemed, by the Committee for Review of Information on Overdue Wages under Article 43-2 (3) of the Act (hereinafter referred to as the “Committee” in this Article), necessary to be exempted from the requirement of disclosure of name because he/she has paid part of the overdue wages, etc. and sufficiently explained plans for liquidation and financing schedule with respect to the remaining overdue wages, etc.;

6. Cases equivalent to those under subparagraphs 1 through 5, where the Committee deems that disclosure of personal information, etc. of the business owner in arrear is not effective.

[This Article Newly Inserted by Presidential Decree No. 23868, Jun. 21, 2012]

Article 23-3 (Details and Period, etc. of Disclosure of Name) (1) The Minister of Employment and Labor shall disclose the following details pursuant to Article 43-2 (1) of the Act:

1.Name, age, business name, and address of a business owner in arrear (where the business owner in arrear is a corporation, referring to the name, age, and address of its representative and the name and address of the corporation);

2.The amount of money in arrear such as the wages, etc. during three years prior to the date of disclosure of name.

(2) The disclosure under paragraph (1) shall be made through publication in the Official Gazette or posting on Internet homepage, bulletin boards of the competent local employment and labor offices, or other places available for perusal by the public for three years.

[This Article Newly Inserted by Presidential Decree No. 23868, Jun. 21, 2012]

Article 23-4 (Exceptional Cases to Providing the Data on Delayed Payment of Wages, etc.) “Where the provision of data is not effective due to death or closure of business of the business owner in arrear or where other reasons prescribed by Presidential Decree exists” under the proviso to Article 43-3 (1) of the Act means any of the following cases:

1.Where the business owner in arrear dies or is sentenced to the judicial declaration of disappearance pursuant to Article 27 of the Civil Act (only applicable where the business owner in arrear is a natural person);

2.Where the business owner in arrear pays the full amount of the wages, etc. in arrear before the date when the data on delayed payment of wages, etc. is provided under Article 43-3 (1) of the Act (hereinafter referred to as “data on delayed payment of wages, etc.”);

3.Where the business owner in arrear receives the court decision for initiation of rehabilitation procedure or he/she is sentenced to bankruptcy pursuant to the Debtor Rehabilitation and Bankruptcy Act;

4.Where the business owner in arrear receives the acknowledgment of bankruptcy or other facts pursuant to Article 5 of the Enforcement Decree of the Wage Claim Guarantee Act;

5.Where the business owner in arrear is deemed, by the Minister of Employment and Labor, sincerely endeavoring to liquidate the overdue wages, etc. because he/she has paid the part of the overdue wages, etc. before the date of providing data on overdue payment, and sufficiently explained detailed plans for liquidation and financing schedule with respect to the remaining overdue wages, etc.

[This Article Newly Inserted by Presidential Decree No. 23868, Jun. 21, 2012]

Article 23-5 (Procedure for Providing the Data on Delayed Payment of Wages, etc.) (1) Pursuant to Article 43-3 (1) of the Act, a person who requests the data on delayed payment of wages, etc. (hereinafter referred to as “requester”) shall submit to the Minister of Employment and Labor the documents stating the following matters:

1.Name, business name, and address of the requester (where the requester is a corporation, referring to the name of the requester and the name and address of the corporation);

2. Details and purposes of use of the requested data on delayed payment of wages, etc.

(2) The Minister of Employment and Labor may prepare the data on delayed payment of wages, etc. under paragraph (1) in the form of paper documents or electronic files and submit them to the requester.

(3) Where the event under either of the subparagraphs of Article 23-4 occurs after providing the data on delayed payment of wages, etc. pursuant to paragraph (2), the Minister of Employment and Labor shall notify the occurrence of such event to the requester no later than 15 days from the date when the Minister becomes aware of the facts.

[This Article Newly Inserted by Presidential Decree No. 23868, Jun. 21, 2012]

Article 24 (Causes Attributable to Contractor) The attributable causes under Article 44 (2) shall be as follows:   <Amended by Presidential Decree No. 23868, Jun. 21, 2012>

1.Where a contactor fails to pay the contract amount on the due date agreed upon by the relevant contract agreement without a justifiable ground;

2. Where a contractor delays in supplying, or fails to supply, the raw materials agreed upon by the relevant contract agreement without a justifiable ground;

3.Where a contractor fails to perform any term or condition of the relevant contract agreement without a justifiable ground and, as a result, the subcontractor fails to perform contract work in a normal way.

[Title Amended by Presidential Decree No. 23868, Jun. 21, 2012]

Article 25 (Payment of Wages before Payday) "Other cases of emergency as prescribed by Presidential Decree" in Article 45 of the Act means the cases in which an employee or a person who makes a living on the employee's income falls under any of the following :   <Amended by Presidential Decree No. 29010, Jun. 29, 2018>

1. Giving birth to a child, becoming ill, or being overtaken by a disaster or an accident;

2. Getting married or becoming dead;

3.Going back and staying home for one week or more due to unavoidable reasons.

Article 26 (Calculation of Suspension Allowance) Where an employee has received a part of wages during a period of suspension due to any ground attributable to the employer, the employer shall, in compliance with the main sentence of Article 46 (1) of the Act , pay him/her an allowance equivalent to at least 70 percent of the difference calculated by subtracting that part of wages already paid to the said employee from the average wages: Provided, That where ordinary wages are paid as suspension allowance in accordance with the proviso to Article 46 (1) of the Act, the difference between the ordinary wages and the part already paid during the period of suspension shall be paid.

Article 27 (Mandatory Descriptions of Wage Ledger) (1) Every employer shall enter the following descriptions of each individual employee into the wage ledger under Article 48 of the Act:

1. Name;

2. Resident registration number;

3. Date of employment;

4. Details of assigned job;

5. Matters applied as the basis of calculation of wages and family allowances;

6. Number of working days;

7. Working hours;

8. Working hours for any overtime duty, night duty, or holiday duty, if any;

9. Amount of basic pay, allowances, and other wages by categories (if wages are paid by means other than money, the name of item, quantity, and total assessed value of means);

10.Deducted amount, if there is any wages deducted in accordance with the proviso to Article 43 (1) of the Act.

(2) With respect to daily hire employees whose employment period is less than 30 days, the matters under paragraph (1) 2 and 5 may not be described.

(3) With respect to employees falling under either of the following subparagraphs, matters under paragraph (1) 7 and 8 may not be described:

1. Employees employed by a business or workplace having a workforce of not more than four employees as set forth in Article 11 (2) of the Act;

2.Employees who fall under any of the subparagraphs of Article 63 of the Act.