国内政策【切换】 国际政策

Korea - Labor- LawFRAMEWORK ACT ON LABOR WELFARE [Enforcement Date 19. Nov, 2014.]（1-14）

Chapter I GENERAL PROVISIONS

Article 1 (Purpose)

The purpose of this Act is to contribute to improving workers' quality of life and the balanced development of the national economy by providing for matters necessary to establish workers' welfare policies and implement welfare programs.

Article 2 (Definitions)

The terms used in this Act shall be defined as follows:

1. The term "worker" means a person who provides his/her labor to a business or a place of business in return for wages, regardless of the types of occupation;

2. The term "employer" means a business owner, a person responsible for the management of a business, or any other person who acts for a business owner with respect to matters relating to a worker;

3. The term "housing business entity" means a person who builds or purchases houses for the purpose of selling or leasing them to workers;

4. The term "employee stock ownership association" means an organization established in full compliance with the requirements prescribed by this Act in order for workers employed by a joint stock company to acquire and manage shares in the joint stock company;

5. The term “employee shares” means shares in a joint stock company acquired by the workers of the joint stock company through an employee stock ownership association established in the joint stock company.

Article 3 (Basic Principles of Workers' Welfare Policies) (1) Workers' welfare policies (excluding basic working conditions, such as wages and working hours; the same shall apply hereinafter) shall aim to expand workers' opportunities to participate in economic and social activities, motivate their willingness to work, and improve their quality of life.

(2) When formulating and implementing workers' welfare policies, consideration and assistance shall be given to prevent discrimination against a worker on such ground as gender, age, physical conditions, employment status, religion, and social standing.

(3) Assistance under this Act to promote the welfare of workers shall be given in a manner that ensures the preferential treatment of workers working for micro, small, and medium enterprises, fixed-term workers (referring to fixed-term workers defined under subparagraph 1 of Article 2 of the Act on the Protection, etc. of Fixed-Term and Part-Time Workers), part-time workers (referring to part-time workers defined under Article 2 (1) 8 of the Labor Standards Act), temporary agency workers (referring to temporary agency workers defined under subparagraph 5 of Article 2 of the Act on the Protection, etc. of Temporary Agency Workers; the same shall apply hereinafter), workers hired by a subcontractor (referring to a subcontractor defined under subparagraph 5 of Article 2 of the Act on the Collection of Insurance Premiums, etc.for Employment Insurance and Industrial Accident Compensation Insurance), low-income workers, and long-serving employees.

Article 4 (Responsibility of State and Local Governments)

When formulating and implementing workers' welfare policies, the State and a local government shall endeavor to increase workers' welfare by providing them with support for budget, fund, tax, and financial support in accordance with the basic principles of workers' welfare policies under Article 3.

Article 5 (Responsibility of Employers and Labor Unions) (1) Each employer (referring to a person who engages in a business with workers employed by him/her; the same shall apply hereinafter) shall endeavor to improve the welfare of workers employed for his /her place of business and shall cooperate in the workers' welfare policies.

(2) Labor unions and workers shall endeavor to improve productivity by increasing their will to work and cooperate in the workers' welfare policies.

Article 6 (Prohibition of Use for Other Purposes)

Any person who receives subsidies or loans under this Act for the welfare of workers, such as workers' residential stability, stabilization of livelihood, and property formation, shall use such subsidies or loans only for the purposes originally intended.

Article 7 (Raising of Funds, etc.) (1) The State and a local government shall pro-actively endeavor to raise the funds needed for workers' welfare programs under this Act.

(2) Funds raised pursuant to paragraph (1) may be contributed or loaned to the Workers' Welfare Promotion Fund under Article 87.

Article 8 (Deliberation on Important Matters regarding Improvement in Workers' Welfare)

The following matters regarding workers' welfare under this Act shall be subject to deliberation by the Employment Policy Council under Article 10 of the Framework Act on Employment Policy (hereinafter referred to as the "Employment Policy Council"):

1. Master plan for the improvement in workers' welfare under Article 9 (1);

2. Matters regarding raising the funds needed for workers' welfare programs;

3. Other matters referred to by the chairperson of the Employment Policy Council in regard to workers' welfare policies.

Article 9 (Formulation of Master Plan) (1) The Minister of Employment and Labor shall formulate the master plan for the improvement in workers' welfare (hereinafter referred to as the "master plan") every five years in consultation with the heads of related central administrative agencies.

(2) The master plan shall include the following:

1. Residential stability of workers;

2. Stabilization of livelihood of workers;

3. Workers' property formation;

4. Employee stock ownership system;

5. Intra-company labor welfare fund program;

6. Support for selective welfare systems;

7. Operation of employee assistance programs;

8. Establishment and operation of welfare facilities for workers;

9. Raising of funds for workers' welfare programs;

10. Other matters deemed necessary by the Minister of Employment and Labor for the improvement in workers' welfare.

(3) When formulating the master plan, the Minister of Employment and Labor shall make public announcement thereof.

Article 10 (Provision of Data and Access to Electronic Computer Networks)(1) In order to provide funds for the stabilization of livelihood under Article 19, to provide credit guarantee services, and to implement programs for workers' welfare under this Act, the Minister of Employment and Labor may request the State agencies, such as the courts, the Ministry of Government Administration and Home Affairs, the Ministry of Health and Welfare, the Ministry of Land, Infrastructure and Transport, and the National Tax Service, the heads of local governments, and relevant institutions and organizations to provide the following documents and access to related electronic computer networks. In such cases, the heads of State agencies, local governments, and relevant institutions and organizations who receive the request for provision of documents, etc. shall comply with such request, unless there is good cause.  <Amended by Act No. 12370, Jan. 28, 2014; Act No. 12844, Nov. 19, 2014>

1.A certificate of earned income (for a person obligated to file a tax return on global income tax, for a person with business income subject to year-end settlement, or for a person with earned income);

2. A certified transcript or abstract of a resident registration card;

3. The family relation register (a family relation certificate, a marital relation certificate, or an identification certificate);

4. A taxation certificate of each local tax item;

5. The register of a motor vehicle or construction machine;

6. A certified transcript of the register of building or land;

7. A certificate of corporate register.

(2) The use of materials provided to the Minister of Employment and Labor and access to computer networks under paragraph (1) shall be exempt from fees, use charges, etc.

(3) When the Minister of Employment and Labor intends to request the State agencies, etc. to provide documents or access to a relevant electronic computer network under paragraph (1), he/she shall, in advance, obtain consent of the party concerned.  <Newly Inserted by Act No. 12370, Jan. 28, 2014>

Article 11 (Consultation on Implementation of Workers' Welfare Programs)

Local governments and the State-subsidized non-profit corporations shall consult with the Minister of Employment and Labor when implementing workers' welfare programs.

Article 12 (Institutions Providing Loan Services) (1) The State and a local government may authorize the following financial companies, etc. (hereinafter referred to as “institutions providing loan services”) to provide loan services under this Act:

1. Banks established pursuant to Article 8 (1) of the Banking Act;

2. Other financial companies, etc. specified by Presidential Decree.

(2) The Minister of Employment and Labor or the head of a local government may require institutions providing loan services that give preferential treatment to workers to provide, with priority, the loan services under this Act.

Article 13 (Tax Incentives)

The State and a local government may provide tax incentives, as prescribed by taxation-related Acts, in a bid to improve workers' welfare by ensuring their residence security, living security, property formation, the establishment and operation of workers' welfare facilities and the Labor Welfare Promotion Fund, and the invigoration of the employee stock ownership system and intra-company workers' welfare promotion fund systems under this Act.

Article 14 (Operation of Integrated Workers' Welfare Information System) (1) The Minister of Employment and Labor may establish and operate an integrated workers' welfare information system in order to effectively implement workers' welfare policies.

(2) The Minister of Employment and Labor may support the operation of employment assistance programs and selective welfare programs via the integrated workers' welfare information system under paragraph (1).