国内政策【切换】 国际政策

ENFORCEMENT DECREE OF THE LABOR STANDARDS ACT Enforcement Date 01. Jul, 2018Article 28~Article 39

Article 28 (Agreed-upon Matters regarding Flexible Work Hours System) (1) The term "other matters prescribed by Presidential Decree" in Article 51 (2) 4 of the Act means the effective term of a written agreement.

(2) The Minister of Employment and Labor may, if necessary for requiring an employer to take measures for keeping the level of wages under Article 51 (4) of the Act, order the employer to submit the details of such measures or conduct an inspection thereof by himself/herself.  <Amended by Presidential Decree No. 22269, Jul. 12, 2010>

Article 29 (Agreed-upon Matters regarding Selective Work Hours System) The term "other matters prescribed by Presidential Decree" in subparagraph 6 of Article 52 of the Act means standard work hours (or daily work hours as agreed upon between an employer and the representative of employees based on the standards for calculating paid leaves, etc.).

Article 30 (Holidays) (1) Paid holidays under Article 55 (1) of the Act shall be granted to a person who has shown perfect attendance of the contractual working days during one week.  <Amended by Presidential Decree No. 29010, Jun. 29, 2018>

(2) “Holidays prescribed by Presidential Decree” in the main sentence of Article 55 (2) of the Act means the holidays under any subparagraphs (excluding subparagraph 1) of Article 2 of the Regulations on Holidays of Government Offices and the alternative statutory holidays under Article 3 of the same Regulations.   <Newly Inserted by Presidential Decree No. 29010, Jun. 29, 2018>

[Enforcement Date] The amended provisions of Article 30 (2): Following dates:

(a) Business or workplaces in which at least 300 employees are regularly employed; public institutions under Article 4 of the Act on the Management of Public Institutions; local government-invested public corporations or local public agencies under Article 49 or 76 of the Local Public Enterprises Act; institutions or organizations at least 1/2 of the capital or endowment of which is invested or contributed by the State, local government or government-invested institutions; institutions or organizations at least 1/2 of the capital or endowment of which is invested or contributed by the above-mentioned institutions or organizations; and institutions affiliated to the State or local government: January 1, 2020;

(b) Business or workplaces in which at least 50 and less than 300 employees are regularly employed: January 1, 2021;

(c) Business or workplaces in which at least five and less than 50 employees are regularly employed: January 1, 2022.

Article 31 (Jobs Eligible for Discretionary Working System) The term "works designated by 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. Researching on and developing new products or new technology, or researching on the humanities, social sciences, or natural sciences;

2. Designing and analyzing data processing systems;

3. Gathering, compiling, or editing materials for a newspaper, broadcasting, or publishing business;

4. Designing or devising clothes, interior decorations, industrial products, advertisements, etc.;

5. Working as a producer or director for production of broadcasting programs, motion pictures, etc.;

6. Other jobs specified by the Minister of Employment and Labor.

Article 32 Deleted.  <by Presidential Decree No. 29010, Jun. 29, 2018>

Article 33 (Payment Date of Leave Allowance) The wages payable in accordance with Article 60 (5) of the Act shall be paid on the pay day immediately before or after a paid leave is granted.

Article 34 (Employees Excepted from Application of Working Hours, etc.) The term "jobs prescribed by Presidential Decree" in subparagraph 4 of Article 63 of the Act means jobs of management and supervision or handling confidential information, irrespective of the type of business.

Article 35 (Issuance, etc. of Employment Permit Certificate) (1) The person eligible for the employment permit certificate under Article 64 of the Act shall be no less than 13 years old, but less than 15 years old: Provided, That a person who is less than 13 years old may be eligible for the employment permit certificate, if it is for participation in art performance.

(2) A person who desires to obtain an employment permit certificate under paragraph (1) shall file an application with the Minister of Employment and Labor as prescribed by 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 head of a school (limited to a person subject to compulsory education and a person attending a school), a person having parental authority or a guardian, and the prospective employer .

Article 36 (Delivery of Employment Permit Certificates) (1) The Minister of Employment and Labor shall, when he/she permits employment upon an application under Article 35 (2), designate the job classification in the employment permit certificate prescribed by Ordinance of the Ministry of Employment and Labor and deliver it to an applicant and a prospective employer.  <Amended by Presidential Decree No. 22269, Jul. 12, 2010>

(2) Where an employer who employes a person under the age of 15 is keeping an employment permit certificate, he/she shall be deemed to keep a certificate of family relationships records and a written consent of a person with parent authority or a guardian referred to in Article 66 of the Act.  <Newly Inserted by Presidential Decree No. 25840, Dec. 9, 2014>

Article 37 (Jobs Prohibited from Employment Permit) The Minister of Employment and Labor may not issue an employment permit certificate for any job specified in Article 40.   <Amended by Presidential Decree No. 22269, Jul. 12, 2010>

Article 38 Deleted.  <by Presidential Decree No. 25840, Dec. 9, 2014>

Article 39 (Re-issuance of Employment Permit Certificate) Any employer or an employee of less than 15 years old shall, when the employment permit certificate is mutilated or lost, apply for re-issuance of the employment permit certificate without delay, as prescribed by Ordinance of the Ministry of Employment and Labor.  <Amended by Presidential Decree No. 22269, Jul. 12, 2010>