国内政策【切换】 国际政策

ENFORCEMENT DECREE OF THE LABOR STANDARDS ACT Enforcement Date 01. Jul, 2018Article 40~Article 50

Article 40 (Jobs Prohibited from Employment of Pregnant Women and Nursing Mothers) The scope of the jobs prohibited from employment of pregnant women, women of 18 years of age or older who are not either pregnant women or nursing mothers, and women of less than 18 years of age under Article 65 of the Act shall be as specified in attached Table 4.

Article 41 (Calculation of Working Hours) The working hours under Article 69 of the Act and Article 46 of the Industrial Safety and Health Act means actual working hours excluding recess hours.

Article 42 (Jobs Permitted for Work Inside of Pits) The jobs for which women and persons of less than 18 years old may be assigned temporarily to work inside a pit in accordance with Article 72 of the Act shall be as follows:

1. Jobs for public health, medical treatment, and welfare;

2. Jobs for news report and data collection for producing newspaper, publishing, and broadcasting programs, etc.;

3. Surveying for academic researches;

4. Jobs for management and supervision;

5.Practical training in a field related to any job under subparagraphs 1 through 4.

Article 43 (Request, etc. for Miscarriage or Stillbirth Leave) (1) “Reasons prescribed by Presidential Decree” under the former part of Article 74 (2) of the Act means any of the following cases:   <Newly Inserted by Presidential Decree No . 23868, Jun. 21, 2012>

1.Where a pregnant employee has an experience of miscarriage/stillbirth;

2.Where a pregnant employee is at the age of 40 or more when she applies for a maternity leave;

3.Where a pregnant employee submits a report prepared by a medical institution stating that she has the risk of miscarriage/stillbirth.

(2) Where an employee who suffers from miscarriage or stillbirth requests the miscarriage or stillbirth leave pursuant to Article 74 (3) of the Act, she shall submit to the business owner an application for miscarriage or stillbirth leave, stating the reason for requesting the leave, the date on which miscarriage or stillbirth occurred, the pregnancy period, etc., along with a medical certificate issued by a medical institution.  <Amended by Presidential Decree No. 23868, Jun. 21, 2012>

(3) The the business owner shall give a miscarriage or stillbirth leave according to the following guidelines to any employee who requests a miscarriage or stillbirth leave pursuant to paragraph (2):   <Amended by Presidential Decree No. 23868, Jun. 21, 2012>

1. Where a pregnancy period of the employee who suffers from miscarriage or stillbirth (hereinafter referred to as the "pregnancy period") is not more than 11 weeks: up to five days from the date of miscarriage or stillbirth;

2.Where the pregnancy period is not less than 12 weeks but not more than 15 weeks: up to ten days from the date of miscarriage or stillbirth;

3.Where the pregnancy period is not less than 16 weeks but not more than 21 weeks: up to 30 days from the date of miscarriage or stillbirth;

4.Where the pregnancy period is not less than 22 weeks but not more than 27 weeks: up to 60 days from the date of miscarriage or stillbirth;

5.Where the pregnancy period is not less than 28 weeks: up to 90 days from the date of miscarriage or stillbirth.

Article 43-2 (Requests for Reduction of Work Hours during Pregnancy Period) A female employee who intends to request a reduction of her work hours under Article 74 (7) of the Act shall submit a document (including electronic documents) in which her pregnancy period, the expected date of the commencement and termination of the reduction of work hours, the time to start and finish her work, etc. are specified by no later than three days before the expected commencement of reduction of work hours to an employer, appending a doctor's medical certificate (excluding cases where a reduction of work hours is requested again for the same pregnancy).

[This Article Newly Inserted by Presidential Decree No. 25631, Sep. 24, 2014]

Article 44 (Scope of Occupational Disease, etc.) (1) The scope of occupational disease and medical treatment under Article 78 (2) of the Act shall be as provided for in attached Table 5.

(2) Where an employee suffers an occupational disease or injury or is dead in the course of employment, the employer shall have him/her receive examination from a doctor without delay.

Article 45 Deleted.  <by Presidential Decree No. 20873, Jun. 25, 2008>

Article 46 (Period for Payment of Compensations for Medical Treatment and Suspension of Service) The compensations for medical treatment and suspension of service shall be paid at least once a month.

Article 47 (Determination of Grade of Disability) (1) Criteria for determination of the grade of physical disability eligible for compensation under Article 80 (3) of the Act shall be as provided for in attached Table 6.   <Amended by Presidential Decree No. 20873, Jun. 25, 2008>

(2) If there are two or more different physical disabilities under attached Table 6, the grade for the most serious physical disability of them shall apply: Provided, That in the following cases, the grade adjusted in accordance with each of the following subparagraphs shall apply. In this case, the adjusted grade higher than Grade I shall be deemed as Grade I:

1. In case there are two or more different physical disabilities in Grade V or higher: The adjusted grade shall be the one raised by three grades from the grade for the most serious physical disability;

2. In case there are two or more physical disabilities in Grade VIII or higher: The adjusted grade shall be the one raised by two grades from the grade for the most serious physical disability;

3. In case there are two or more physical disabilities in Grade XIII or higher: The adjusted grade shall be the one raised by one grade from the grade for the most serious physical disability.

(3) Any physical disability that does not fall under any of the categories in attached Table 6 shall be compensated according to the degree of the disability by referring to similar physical disabilities in attached Table 6.

(4) Deleted.  <by Presidential Decree No. 20873, Jun. 25, 2008>

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 for compensation among survivors shall be according to the order in the following subparagraphs, but the priority of members falling under 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 employee at the time of his/her death;

2. Spouse, children, parents, grandchildren, and grandparents who were not dependent upon the dead employee;

3. Siblings who were dependent upon the dead employee;

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

(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, yet 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 employee'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 to receive 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.