国内政策【切换】 国际政策

Korea-Labor Law-Fair Employment Procedures Act Enforcement Date: December 23, 2014

ENFORCEMENT DECREE OF THE FAIR HIRING PROCEDURE ACT

[Enforcement Date 23. Dec, 2014.] [Presidential Decree No.25879, 23. Dec, 2014., New Enactment]

Ministry of Employment and Labor (Fair Employment Infrastructure Division) , 044-202-7456 

Article 1 (Purpose)

The purpose of this Decree is to prescribe matters delegated by the Fair Hiring Procedure Act and those necessary for the enforcement thereof.

Article 2 (Period, etc., for Compliance with Obligation to Return Hiring Documents) (1) A job offerer who has received a request for return of hiring documents from a job seeker pursuant to the main sentence of Article 11 (1) of the Fair Hiring Procedure Act (hereinafter referred to as "Act") shall send or deliver the relevant hiring documents to the job seeker within 14 days from the date the job seeker made the request for return.

(2) When a job offerer returns hiring documents pursuant to paragraph (1), he/she shall use postal services for special handling items under Article 14 (2) 3 or Article 15 (2) 3 of the Postal Service Act (hereinafter referred to) to as "special handling items") to return the relevant hiring documents: Provided, That the hiring documents may be delivered by any means agreed upon by the job seeker if the job seeker wants.

(3) If hiring documents are returned as special handling items, the place to return the hiring documents shall be the job seeker's address stated in the hiring documents: Provided, That if the job seeker designated a place to return when requesting the return of his /her hiring documents pursuant to paragraph (1), it shall be that place.

Article 3 (Preservation Period of Hiring Documents)

“Period prescribed by the Presidential Decree" in the main sentence of Article 11 (3) refers to any of the following periods.

1.Cases other than those where the job seeker requests the return of his/her hiring documents pursuant to the main sentence of Article 11 (1) of the Act: the period of request for return applicable to the job seeker pursuant to Article 4;

2.Cases where the job seeker requests the return of his/her hiring documents pursuant to the main sentence of Article 11 (1) of the Act: the period until the time when the job offerer sends or delivers the special handling items pursuant to Article 2 (1).

Article 4 (Period of Request for Return of Hiring Documents)

The period of request for return of hiring documents under Article 11 (4) of the Act shall be the period determined by the job offerer within the range of 14 to 180 days after the date on which whether to hire the job seeker or not is decided . In such cases, the job offerer shall inform the job seeker of the period of request for return of hiring documents determined by him/her before whether to hire the job seeker or not is decided.

Article 5 (Charging of Expense of Returning Hiring Documents)

(1) "Extent prescribed by the Presidential Decree" in the proviso to Article 11 (5) of the Act refers to postal charges and postal service fees under Article 12 of the Enforcement Decree of the Postal Service Act.

(2) If a job offerer intends to charge the expense of returning hiring documents to the job seeker pursuant to the proviso to Article 11 (5) of the Act, he/she shall designate an account in a financial institution into which the necessary expense of returning hiring documents can be paid and notify the job seeker thereof: Provided, That this shall not apply in cases where the hiring documents are sent using collect-on-delivery service pursuant to Article 29 of the Enforcement Decree of the Postal Service Act at the request of the job seeker.

Article 6 (Delegation of Authority)

The Minister of Employment and Labor shall delegate any of the following authority to the heads of local employment and labor offices pursuant to Article 15 of the Act:

1. Approval of partial charging of screening expenses under the proviso to Article 9 of the Act;

2. Issuance of a corrective order concerning screening expenses, etc., and receipt of a report on the compliance results under Article 12 of the Act;

3. Reporting and investigation under Article 14 of the Act; and

4.Imposition and collection of a fine for negligence under Article 17 (3) of the Act.

Article 7 (Criteria for Imposition of Fines for Negligence)

The criteria for imposing fines for negligence pursuant to Article 17 (1) and (2) of the Act are provided in the attached Table.

 Supplementary provisions  Addendum <Presidential Decree No. 25879, Dec. 23, 2014>

The enforcement date of this Decree shall be as follows:

1.Businesses or workplaces ordinarily employing 300 workers or more, public institutions under Article 4 of the Act on the Management of Public Institutions, local government-controlled corporations under Article 49 of the Local Public Enterprise Act and local government-owned corporations under Article 76 of the same Act, and the State and local governments: January 1, 2015

2.Businesses or workplaces ordinarily employing 100 workers or more but fewer than 300 workers: January 1, 2016

3.Businesses or workplaces ordinarily employing 30 workers or more but fewer than 100 workers: January 1, 2017.

 attached Table   [attached Table] Criteria for Imposition of Fines for Negligence   Hangul file download