国内政策【切换】 国际政策

ENFORCEMENT DECREE OF THE LABOR STANDARDS ACT Enforcement Date 01. Jul, 2018Article 51~Article 59

Article 51 (Timing of Compensation) (1) Disability compensation shall be paid without delay after an employee completely recovers from an injury or disease.

(2) Compensation for survivors and funeral expenses shall be paid without delay after the death of an employee.

Article 52 (Date of Occurrence of Cause for Calculating Average Wage for Accident Compensation) In paying compensation for an accident, the date an accident causing death or an injury occurs, or the date on which a medical examination finally determines the incidence of a disease, shall be deemed as the date of occurrence of cause for calculating average wage.

Article 53 Deleted.  <by Presidential Decree No. 20873, Jun. 25, 2008>

Article 54 (Posting, etc. of Draft Dormitory Rules) Any employer who intends to obtain consent of the representative of the majority of employees in accordance with Article 99 (2) of the Act shall post a draft of dormitory rules at a conspicuous place within the dormitory or make it available for inspection, for seven days or longer to seek such consent, if the majority of the employees accommodated in the dormitory are less than 18 years old.

Article 55 (Separation of Male and Female Residing in Dormitory) The employer shall not have male and female employees accommodated in the same room of a dormitory.

Article 56 (Location of Dormitory) Every employer shall avoid any place with severe noise and vibration in establishing a dormitory.

Article 57 (Bedrooms) Employees in two or more different shifts which have different working hours shall not be accommodated in one bedroom.

Article 58 (Standards for Establishment of Dormitory) The area of a dormitory bedroom shall be at least 2.5 square meters per person, and the number of persons accommodated in one room shall not exceed 15 persons.

Article 59 (Delegation of Authority) The Minister of Employment and Labor shall delegate his/her authority over the following matters to the heads of local employment and labor relations offices pursuant to Article 106 of the Act:   <Amended by Presidential Decree No. 22269, Jul. 12, 2010>

1. Demanding a report or appearance pursuant to Article 13 of the Act;

2. Receipt of a report on the layoff plan pursuant to Article 24 (4) of the Act;

3.Granting an authorization or approval for extension of working hours pursuant to Article 53 (3) of the Act;

4. Issuance of an order for recess or holiday pursuant to Article 53 (4) of the Act;

5.Granting an approval for a person who engages in surveillance or intermittent work pursuant to subparagraph 3 of Article 63 of the Act;

6. Issuance of an employment permit certificate and revoking such a certificate pursuant to Article 64 of the Act;

7. Terminating an employment contract disadvantageous to the minor pursuant to 67 (2) of the Act;

8.Granting an authorization for night and holiday duties of pregnant women, nursing mothers, and persons of less than 18 years old pursuant to the proviso to Article 70 (2) of the Act;

9. Matters related to review and arbitration on an objection to recognition, etc. of an accident under Article 88 of the Act and medical examination and diagnosis for such a purpose;

10. Receipt of a report on rules of employment pursuant to Article 93 of the Act;

11.Issuance of an order of revising rules of employment pursuant to Article 96 (2) of the Act;

12. Issuance of a written instruction for inspection or medical examination pursuant to Article 102 (3) of the Act;

13. Receipt of a notice of a violation of laws pursuant to Article 104 (1) of the Act;

14. Imposing and collecting an administrative fine pursuant to Article 116 of the Act;

15. Receipt of a report on special case pursuant to Article 2 of the Addenda of the Amendment (Act No. 6974) to the Labor Standards Act;

16. Issuance of an order to submit measures for maintaining the level of wages pursuant to Article 28 (2) and giving confirmation thereof;

17. Receipt of an application for employment permit pursuant to Article 35 (2);

18. Receipt of a returned employment permit certificate pursuant to Article 38 (2).

Article 59-2 (Processing of Sensitive Information and Personally Identifiable Information) Where it is inevitable to perform the following affairs, the Minister of Employment and Labor (including the person who is entrusted with the authority of the Minister of Employment and Labor pursuant to Article 59) or the Labor Relations Commission may process the information on the health under Article 23 of the Personal Information Protection Act (only applicable to the affairs under subparagraph 7) and the data containing the resident registration number or foreigner registration number under subparagraph 1 or 4 of Article 19 of the Enforcement Decree of the same Act:   <Amended by Presidential Decree No. 23868, Jun. 21, 2012>

1. Affairs concerning the claim for compensation of damage under Article 19 (2) of the Act;

2. Affairs concerning the relief of unfair dismissal, etc. under Article 28 (1) of the Act;

3. Affairs concerning the order to pay money or other valuables under Article 30 (3) of the Act;

4. Affairs concerning confirmation of performance of the order for remedy of unfair dismissal and concerning imposition of charge for compelling performance, etc. pursuant to Article 33 of the Act;

4-2. Affairs concerning the disclosure of name of the business owner in arrear pursuant to Article 43-2 of the Act and the provision of the data on delayed payment of wages, etc. pursuant to Article 43-3 of the Act;

5. Affairs concerning the employment permit certificate under Article 64 of the Act;

6. Affairs concerning admission for the gross negligence under Article 81 of the Act;

7. Affairs concerning the review and arbitration under Article 88 (1) and 89 (1) of the Act;

8. Affairs concerning the report on violation of laws pursuant to Article 104 of the Act;

9. Affairs concerning accusation of the person who fails to perform the definite order for remedy, etc. pursuant to Article 112 of the Act.

[This Article Newly Inserted by Presidential Decree No. 23488, Jan. 6, 2012]

Article 59-3 (Re-Examination of Regulation) The Minister of Employment and Labor shall, every three years (referring to the period up to the day before January 1 of every third year) counting from January 1, 2017, examine whether it is appropriate to pay wages before the payday under Article 25, and implement improvement measures, etc.  <Amended by Presidential No. 27619, Nov. 29, 2016; Presidential Decree No. 27751, Dec. 30, 2016>

[This Article Newly Inserted by Presidential Decree No. 25840, Dec. 9, 2014]