- This is the full text of the Labor Standards Act, known as the 근로기준법 in Korean. See full text in Korean
LABOR STANDARDS ACT
Act No. 5309, Mar. 13, 1997</br>
Amended by Act No. 5473, Dec. 24, 1997</br>
Act No. 5510, Feb. 20, 1998</br>
Act No. 5885, Feb. 8, 1999</br>
Act No. 6507, Aug. 14, 2001</br>
Act No. 6974, Sep. 15, 2003</br>
CHAPTER I
General Provisions
Article 1 (Purpose)
The purpose of this Act is to set the standards for the conditions of employment in conformity with the constitution, thereby securing and improving the living standards of workers and achieving a well-balanced development of the national economy.
Article 2 (Standards of Conditions of Employment)
The conditions of employment provided herein shall be the lowest standards and the parties to employment relations, therefore, shall not reduce the conditions of employment under the pretext
of compliance with this Act.
Article 3 (Determination of Conditions of Employment)
The conditions of employment shall be determined based upon the mutual agreement between employers and workers, on an equal footing.
Article 4 (Observance of Conditions of Employment)
Both employers and workers shall comply with collective agreements, rules of employment, and terms of labor contracts, and each of them shall be obliged to do so in good faith.
Article 5 (Equal Treatment)
An employer shall not discriminate against workers by sex, or take discriminatory treatment in relation to the conditions of employment according to nationality, religion or social status.
Article 6 (Prohibition of Forced Labor)
An employer shall not force a worker to work against his own free will through the use of violence, intimidation, confinement or by any other means which unjustly restrict mental or physical
freedom.
Article 7 (Prohibition of Violence)
An employer shall not resort to violence or batter a worker for the occurrence of accidents or for any other reason.
Article 8 (Elimination of Intermediary Exploitation)
Anyone shall neither intervene in the employment of other person for the purpose of making a profit, nor gain benefit as an intermediary unless otherwise provided by law.
Article 9 (Guarantee of Exercise of Civil Rights)
An employer shall not reject a request from a worker to grant time necessary to exercise franchise or other civil rights, or to perform official duties during his working hours; however, the time requested may be changed, unless such change impedes the exercise of those rights or performance of those civil duties.
Article 10 (Scope of Application)
(1) This Act shall apply to all businesses or workplaces in which more than 5 workers are ordinarily employed. This Act, however, shall not apply to any business or workplace which employs only relatives living together, and to a worker who is hired for domestic works.
(2) With respect to a business or workplace which ordinarily employs less than 4 workers, some of the provisions of this Act may be applicable as prescribed by the Presidential Decree.
Article 11 (Scope of Application)
This Act and the Presidential Decree issued in accordance with this Act shall apply to the government, Seoul Special City, metropolitan cities, Provinces, Shi, Kun, Ku, Eup, Myon, Dong,
or other equivalents.
Article 12 (Duty to Report and Attend)
An employer or a worker shall, without delay, report on matters required, or shall present himself, if the Minister of Labor, a Labor Relations Commission or a Labor Inspector requests to do
so in relation to the enforcement of this Act.
Article 13 (Publicity of Law and Decree, etc.)
(1) An employer shall keep workers informed of the main points of this Act, and of the Presidential Decree promulgated pursuant hereto, and the rules of employment by posting or keeping them at each workplace at all times.
(2) An employer shall post or keep the provisions and regulations regarding dormitory, among the provisions and regulations referred to in paragraph (1), at dormitory concerned, thereby keeping
workers informed thereof.
Article 14 (Definition of Worker)
The term “worker” in this Act means a person engaged in whatever occupation offering work to a business or workplace (hereinafter referred to as “business”) for the purpose of earning wages.
Article 15 (Definition of Employer)
The term “employer” in this Act means a business owner, or a person responsible for management of a business or a person who works on behalf of a business owner with respect to matters relating to workers.
Article 16 (Definition of Work)
The term “work” in this Act means both mental and physical work.
Article 17 (Definition of Labor Contract)
The term “labor contract” in this Act means a contract which is entered into in order that a worker offers work for which an employer pays its corresponding wages.
Article 18 (Definition of Wages)
The term “wages” in this Act means wages, salary, and any other payment to a worker from an employer as remuneration for work, regardless of the designation by which such payment is called.
Article 19 (Definition of Average Wages)
(1) The term “average wages” in this Act means the amount calculated by dividing the total amount of wages paid to the relevant worker during three calender months prior to the date on which the event necessitating such calculation occurred by the total number of calender days during those three calender months. This shall also apply mutatis mutandis to the employment of less than three months.
(2) If the amount calculated pursuant to the provisions of paragraph (1) is lower than the ordinary wages of the worker concerned, the amount of the ordinary wages shall be deemed the average wages.
Article 20 (Definition of Contractual Working Hours)
The term “contractual working hours” in this Act means working hours on which workers and employers have made an agreement within the limit of working hours under Article 49 or the text of Article 67, or Article 46 of the Industrial Safety and Health Act.
Article 21 (Definition of Part-Time Worker)
The term “part-time worker” in this act means an employee whose contractual working hours per week are shorter than those of full-time worker engaged in the same kind of job at the pertinent workplace.
CHAPTER Ⅱ
Labor Contract
Article 22 (Labor Contract contrary to This Act)
(1) A labor contract which establishes conditions of employment which do not meet the standards provided for in this Act shall be null and void to that extent.
(2) Those conditions invalidated in accordance with the
provisions of paragraph (1) shall be governed by the standards
provided herein.
Article 23 (Term of Contract)
The term of a labor contract shall not exceed one year, except in cases where there is no term fixed or a term is fixed as necessary for the completion of a certain project.
Article 24 (Statement of Terms of Employment)
An employer shall clearly state remuneration, working hours, and other terms of employment to a worker at a time when a contract of employment is concluded. In this case, matters as to each constituent item of remuneration, and the methods of calculation and payment shall be specified according to the methods prescribed by the Presidential Decree.
Article 25 (Working Conditions for Part-time Worker)
(1) Working conditions for part-time workers shall be determined on the basis of relative ratio computed in comparison of their working hours with those of full-time workers engaged in the
same kind of job at the pertinent workplace.
(2) The criteria or other matters to be considered for the determination of working conditions under paragraph (1) shall be prescribed in the Presidential Decree.
(3) With respect to part-time workers with considerably short contractual working hours per week as specified by the Presidential Decree, some provisions of this Act may not apply as provided for in the Presidential Decree.
Article 26 (Violation of Conditions of Employment)
(1) If any of the conditions of employment set forth in accordance with Article 24 is found to be inconsistent with the actual conditions, the worker concerned shall be entitled to claim damages resulting from the breach of the conditions of employment or may terminate the labor contract forthwith.
(2) If a worker intends to claim indemnity for damages in accordance with paragraph (1), he may do so with the Labor Relations Commission. If a labor contract has been terminated, an employer shall pay travel expenses to a worker who changes his residence for the purpose of securing new job.
Article 27 (Prohibition of Predetermination of Nonobservance)
An employer shall not enter into any contract by which a penalty or indemnity for possible damages incurred from nonobservance of a labor contract is predetermined.
Article 28 (Prohibition of Offsetting Wages against Advances)
An employer shall not offset wages against an advance or other credit given in advance on condition that a worker offers work.
Article 29 (Prohibition of Compulsory Saving)
(1) An employer shall not enter into a contract incidental to a labor contract which stipulates compulsory savings or the management of savings.
(2) If an employer is entrusted by a worker to manage his savings, the said employer shall observe the matters in the following subparagraphs.
1. The type and period of savings and financial institutions which manage the savings shall be determined by the concerned worker and the savings account shall be under the name of the worker.
2. When the concerned worker requests to see the related materials such as savings certificate, or have them returned, the employer shall immediately meet the request. <Amended by Act No. 5885, Feb. 8, 1999>
Article 30 (Restriction on Dismissal, etc.)
(1) An employer shall not dismiss, lay off, suspend, transfer a worker, or reduce wages, or take other punitive measures against a worker without justifiable reason.
(2) An employer shall not dismiss any worker during a period of temporary interruption of work for medical treatment of an occupational injury or disease and within 30 days thereafter; nor shall any female worker before and after childbirth be dismissed during a period of temporary interruption of work as provided herein and within 30 days thereafter; however, if an employer has paid the lump sum compensation due under Article 87 hereof or is not able to continue his business, this shall not
apply. <Amended by Act No. 5885, Feb. 8, 1999>
(3) Deleted. <Act No. 5885, Feb. 8, 1999>
Article 31 (Restriction on Dismissal for Managerial Reasons)
(1) If an employer wants to dismiss a worker for managerial reasons, there shall be urgent managerial needs. In such cases as transfer, acquisition and merger of business which are aimed to avoid financial difficulties, it shall be deemed that there is an urgent managerial need.
(2) In the case of paragraph (1), an employer shall make every effort to avoid dismissal of workers and shall select workers to be dismissed by establishing rational and fair standards of dismissal. In such cases, there shall be no discrimination on the ground of gender.
(3) With regard to the possible methods for avoiding dismissal and the criteria for dismissal as referred to in paragraph (2), an employer shall give a notice 60 days prior to dismissal day to a
trade union which is formed by the consent of the majority of all workers in the business or workplace concerned(or to a person representing the majority of all workers if such trade union
does not exist, hereinafter referred to as a “workers’ representative”) and have sincere consultation.
(4) When an employer intends to dismiss more than a certain number of workers which is defined by the Presidential Decree under the conditions as referred to in paragraph (1), he/she shall report it to the Minister of Labor as determined by the Presidential Decree.
(5) In cases where an employer has dismissed workers in accordance with the requirements as stipulated in paragraphs (1) to (3), it shall be deemed that the dismissal concerned is made
based on the justifiable reasons in accordance with paragraph (1) of Article 30. <This Article Wholly Amended by Act No. 5510, Feb. 20, 1998>
Article 31-2 (Preferential Re-employment, etc.)
(1) When an employer who dismissed workers under Article 31 intends to recruit workers within 2 years from the day of dismissal, he/she shall make efforts to rehire workers dismissed under Article 31 if such workers desire, taking into account of the previous position, etc., of such workers.
(2) The government shall place the first priority in order to take measures such as securing livelihood, reemployment and vocational training, etc., for workers dismissed under Article 31. <This Article Newly Inserted by Act No. 5510, Feb. 20, 1998>
Article 32 (Advance Notice of Dismissal)
(1) An employer shall give an advance notice to a worker at least thirty days before dismissal(including dismissal for managerial reasons). If the notice is not given thirty days before the dismissal, normal wages for more than thirty days shall be paid to the worker, except in cases, prescribed by the Ordinance of the Ministry of Labor, where it is impossible to continue a business because of natural disaster, calamity, or other unavoidable causes, or where a worker has caused considerable difficulties to a business, or damage to properties on purpose. <Amended by Act
No. 5885, Feb. 8, 1999>
(2) Deleted. <Act No. 5885, Feb. 8, 1999>
Article 33 (Application for Remedy for Unfair Dismissal, etc.)
(1) If a worker is dismissed, laid off, suspended, transferred, or subject to other punitive actions or has his salary reduced by an employer without justifiable reason, the worker may request a remedy for it to the Labor Relations Commission.
(2) In relation to the procedures of the application for remedy and investigation, the provisions of Articles 82 to 86 of the Trade Union and Labor Relations Adjustment Act shall be applied
mutatis mutandis, except for paragraph (5) of Article 85.
Article 34 (Severance Pay System)
(1) An employer shall establish a severance pay system whereby an average wage of more than 30 days shall be paid for each year of consecutive years employed as a severance pay to a retired worker; however, if the worker was employed for less than one year, this shall not apply.
(2) In establishing the severance pay system stipulated in paragraph (1), a differential severance pay system shall not be permitted within one business.
(3) An employer may, at the request of workers, pay severance pay in advance for the period of continuous employment of the worker concerned by adjusting the balances of remunerations before his retirement, irrespective of the provisions of paragraph (1). In this case, the number of years of continuous employment for the computation of severance pay shall be counted anew from the moment the latest adjustment of balances has been made.
(4) In cases where an employer has enrolled in pension insurance program for retirees or a retirement lump sum payment trust as prescribed by the Presidential Decree (hereinafter referred to as “pension insurance, etc.”) for workers, whereby workers, as the insured or a beneficiary, receive lump sum payment at the time of retirement, or draw their pensions, it shall be deemed that the employer has set up a severance pay scheme in accordance with paragraph (1). The amount of lump sum by
the retirement insurance, etc., however, shall not be smaller than that of severance pay pursuant to paragraph (1). <Amended by Act No. 5473, Dec. 24, 1997>
Article 35 (Exception of Advance Notice of Dismissal)
The provisions of Article 32 shall not apply to workers who fall within each of the following subparagraphs:
1. a worker who has been employed on a daily basis for less than three consecutive months;
2. a worker who has been employed for a fixed period not exceeding two months;
3. a worker who has been employed as a monthly-paid worker for less than six months ;
4. a worker who has been employed for seasonal work for a fixed period not exceeding six months; and
5. a worker in a probationary period
Article 36 (Liquidation of Money and Valuables)
If a worker dies or retires, an employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment has occurred; however, the period, under special circumstances, may be extended by the mutual agreement between the parties concerned.
Article 37 (Preferential Reimbursement for Claim of Wages)
(1) Wages, severance pay, accident compensation and other claims arising from employment shall be paid in preference to taxes, public levies, or other claims except for certain claims secured by pledges or mortgages as to the total property of an employer; however, this shall not apply to taxes or public levies which take precedence over pledges or mortgages.
(2) Notwithstanding the provisions of paragraph (1), the claims which fall under the following subparagraphs shall be paid in preference to any obligation, taxes, public levies and other claims secured by pledges or mortgages as to the total property of an employer: <Amended by Act No. 5473, Dec. 24, 1997>
1. Wages of the final three months;
2. Severance pay of the final three years; and
3. Accident compensation.
(3) The severance pay stipulated in the paragraph (2) 2 shall be the amount which is calculated by the average wages of 30 days for one continuous work year. <Newly Inserted by Act No. 5473, Dec. 24, 1997>
Article 38 (Certificate of Employment)
(1) If an employer has been requested by a worker to issue a certificate specifying term of employment, job specification, title and wages or other necessary information even after the
retirement of the worker, he shall immediately prepare based upon fact and deliver the certificate.
(2) The certificate referred to in paragraph (1) shall only contain the items that the worker concerned has requested.
Article 39 (Prohibition of Interference with Employment)
Anyone shall not prepare and use secret signs or lists, or have communication for the purpose of interfering with employment of a worker.
Article 40 (Register of Workers)
(1) An employer shall prepare a register of workers by workplace, including name, birth date, personal history and other items relating to workers as provided for by the Presidential Decree.
(2) If there is any change in the items prescribed in paragraph (1), correction shall be made without delay.
Article 41 (Preservation of Documents regarding Contract)
An employer shall preserve a register of workers and other important documents regarding labor contract provided for by the Presidential Decree for three years.
CHAPTER Ⅲ
Wages
Article 42 (Payment of Wages)
(1) Payment of wages shall be directly made in full to worker in cash; however, if otherwise stipulated by special provisions of laws or decrees or a collective agreement, wages may partially be deducted or may be paid by other than cash.
(2) Wages shall be paid more than once per month on a fixed day; however, this shall not apply to extraordinary wages, allowances, or any other similar payment or those wages provided for by the Presidential Decree.
Article 43 (Payment of Wages in Subcontract Business)
(1) If a business is operated based upon several tiers of subcontracting and a subcontractor has failed to pay wages to workers because of a cause attributable to an immediate preceding contractor, the immediate preceding contractor shall be responsible thereof along with the subcontractor concerned.
(2) The scope of the cause attributable to the immediate preceding contractor referred to in paragraph (1) shall be determined by the Presidential Decree.
Article 44 (Emergency Payment)
An employer shall advance partial payments of wages for the work offered even prior to payday, if a worker requests to do so in order to meet the expenses incurred from childbirth, disease, disaster or any other cases of emergency which are provided for in the Presidential Decree.
Article 45 (Pay for Suspension of Business)
(1) If a business is suspended for reasons attributable to an employer, the employer shall pay to workers concerned remuneration of more than seventy percentage points of average remuneration
during the period of suspension of the business. If the amount equivalent to seventy percentage points of average remuneration exceeds normal remuneration, the normal remuneration may be
paid for the business suspension.
(2) Notwithstanding the provisions of paragraph (1), an employer who cannot continue the business operation for unavoidable reason may, with the approval of the Labor Relations Commission,
pay remuneration lower than the standards stipulated in paragraph (1) for the suspension of business.
Article 46 (Subcontract Workers)
For those workers who are employed for subcontract or other equivalent system, an employer shall guarantee a certain amount of remuneration in proportion to their actual working hours.
Article 47 (Wage Ledger)
An employer shall prepare a wage ledger for each workplace and enter the matters which serve as a basis for determining wages and family allowances, the amount of wages and other matters as provided for by the Presidential Decree at each time of payment.
Article 48 (Prescription of Wages)
A claim for wages under the provisions of this Act shall be terminated because of prescription, if not exercised within three years.
CHAPTER Ⅳ
Working Hours and Recess
Article 49 (Working Hours)
(1) Working hours per week shall not exceed forty-four hours excluding recess hours.
(1) Working hours per week shall not exceed forty hours excluding recess hours. <Amended by Act No. 6974, Sep. 15, 2003>
(2) Working hours per day shall not exceed eight hours excluding recess hours.
Article 50 (Flexible Working Hour System)
(1) An employer may have a worker work for a specific week in excess of working hours prescribed in Article 49(1), or for a specific day in excess of working hours prescribed in Article 49(2), on condition that average working hours per week in a certain unit period of not more than two weeks do not exceed working hours under Article 49(1) in accordance with rules of employment(or in accordance with rules or regulations equivalent thereto): Provided that working hours in any particular week shall not exceed forty-eight hours.
(2) When an employer reaches an agreement with the workers’ representative, in writing, on the following items, an employer may have a worker work for a specific week in excess of working hours pursuant to Article 49(1), or for a specific day in excess of working hours pursuant to Article 49(2), on condition that average working hours per week in a certain unit period of not more than one month do not exceed working hours under Article 49(1). However, working hours for a specific week, and for a specific day shall not exceed fifty-six hours and twelve hours respectively:
(2) When an employer reaches an agreement with the workers’ representative, in writing, on the following items, an employer may have a worker work for a specific week in excess of working hours pursuant to Article 49(1), or for a specific day in excess of working hours pursuant to Article 49(2), on condition that average working hours per week in a certain unit period of not more than three months do not exceed working hours under Article 49(1). However, working hours for a specific week, and for a specific day shall not exceed fifty-two hours and twelve hours respectively: <Amended by Act No. 6974, Sep. 15, 2003>
1. scope of workers subject to this paragraph;
2. unit period (a unit period not exceeding one month);
2. unit period (a unit period not exceeding three months); <Amended by Act No. 6974, Sep. 15, 2003>
3. working days in a unit period and working hours for each working day; and
4. other matters prescribed by the Presidential Decree.
(3) The provisions of paragraphs (1) and (2) shall not apply to workers aged fifteen or older and less than eighteen, and pregnant female workers.
(4) If an employer needs to have a worker work in accordance with the provisions of paragraphs (1) and (2), the employer shall prepare measures to ensure that the existing wage level is not lowered.
(5) Deleted. <Act No. 5885, Feb. 8, 1999>
Article 51 (Selective Working Hour System)
If an employer has made a written agreement on each of the following subparagraphs with representatives of workers regarding a worker who is entrusted with the decision to begin
and finish works in accordance with rules of employment (including those equivalent to rules of employment), the employer may have workers work in excess of working hours per week set by
paragraph (1) of Article 49, or per day set by paragraph (2) of Article 49 on condition that average working hours per week computed on the basis of adjustment period of balances within one month do not exceed the working hours stipulated in paragraph (1) of Article 49:
1. scope of workers subject to this paragraph (excluding workers between the age of fifteen and of eighteen);
2. adjustment period of balances (a specific period within one month);
3. total working hours within an adjustment period of balances;
4. starting and finishing time of working hours, during which works must be provided;
5. starting and finishing time of working hours which are allowed to be selected by workers; and
6. other matters as determined by the Presidential Decree.
Article 52 (Restriction on Extended Works)
(1) If the parties concerned reach agreement, working hours stipulated in Article 49 may be extended up to twelve hours per week.
(2) If the parties concerned reach agreement, working hours stipulated in Article 50 may be extended up to twelve hours per week, and working hours pursuant to Article 51 may be extended up to twelve hours per week averaged during a period of adjustment of balances pursuant to subparagraph 2 of
Article 51.
(3) Under special circumstances, an employer may extend working hours as provided for in paragraphs (1) and (2) with the approval of the Minister of Labor and consent of workers; however, the employer shall immediately obtain the approval of the Minister of Labor ex post facto, if a situation is so urgent that time is not available to obtain such approval.
(4) If the Minister of Labor finds that the extension of working hours in accordance with Paragraph (3) is not appropriate, he may order an employer to allow recess or day-off afterwards equivalent to the extended working hours.
Article 53 (Recess Hours)
(1) An employer shall allow a recess period of more than 30 minutes for every 4 working hours and more than 1 hour for every 8 working hours during the working hours.
(2) A recess period may be freely used by workers.
Article 54 (Holidays)
An employer shall allow a worker more than one-day holiday with pay per week on the average.
Article 55 (Extended Work, Night Work and Holiday Work)
An employer shall pay additional remuneration of more than fifty percentage points of normal remuneration for extended works (extended works as set forth in the provisions of Articles
52 and 58, and the proviso of Article 67) and night works (works provided from 10 p.m. to 6 a.m.), Sunday or public holiday works.
Article 55-2 (System of Using Leave as Compensation)
An employer may, instead of paying additional wages, grant the leave to worker to compensate for the extended, night and holiday work prescribed in Article 55 according to a written agreement with workers’ representatives. <Newly Inserted by Act No. 6974, Sep. 15, 2003>
Article 56 (Special Provisions for Computation of Working Hours)
(1) If it is difficult to compute working hours because a worker carries out his duty in whole or in part outside the workplace in order to do business or for other reasons, it shall be deemed that the worker concerned has worked during contractual working hours. However, in cases where a worker
needs to work in excess of contractual working hours ordinarily required for the performance of the work, it shall be deemed that he has worked during the normal working hours required for the performance of the work concerned.
(2) Irrespective of the proviso of paragraph (1), if an employer and the representative of workers have agreed, in writing, on the works concerned, it shall be deemed that the working hours
set by the agreement are the working hours necessary for the performance of the works concerned.
(3) In the case of works designated by the Presidential Decree as those works which need, in the light of their characteristics, worker’s discretion with regard to the ways to perform the
works concerned, it shall be deemed that the works have been provided for such working hours as determined by a written agreement between the employer and the representative of workers. In this case, the written agreement shall contain each of following subparagraphs:
1. provisions as to works to be provided;
2. provisions in which the employer would not give directions to the worker regarding how to perform, and how to allocate working hours; and
3. provisions in which the computation of working hours shall be determined by the written agreement concerned.
(4) Deleted. <Act No. 5885, Feb. 8, 1999>
(5) Other matters which are required to implement the provisions of paragraphs (1) and (3) shall be determined by the Presidential Decree.
Article 57 (Monthly Leave with Pay)
(1) An employer shall allow one day’s leave with pay per month.
(2) The paid leave in accordance with paragraph (1) may be used by a worker, of his own free will, either by accumulating or dividing it within one year.
Article 57 (Monthly Leave with Pay)
Deleted. <by Act No. 6974, Sep. 15, 2003>
Article 58 (Special Provisions as to Working and Recess Hours)
(1) An employer who runs a business which falls into any of the following subparagraphs, if the employer has agreed, in writing, with the representative of workers, may have workers work in excess of twelve hours per week stipulated in Article 52(1) or may change recess hours pursuant to Article 53:
1. Transportation business, goods sales and storage business, finance and insurance business;
2. Movie production and entertainment business, communication business, educational study and research business, advertising business;
3. Medical and sanitation business, hotel and restaurant business, incineration and cleaning business, barber and beauty parlor business; and
4. businesses determined by the Presidential Decree in consideration of the character of a business and public conveniences
(2) Deleted. <Act No. 5885, Feb. 8, 1999>
Article 59 (Annual Paid Leave)
(1) An employer shall grant 10 days’ leaves with pay to workers who have offered work without an absence throughout a year and 8 days’ leaves with pay to those who have registered more than 90
percent of attendance during one year.
(1) An employer shall grant 15 days’ paid leave to worker who has registered more than 80 percent of attendance during one year. <Amended by Act No. 6974, Sep. 15, 2003>
(2) An employer shall offer a worker who is employed more than two consecutive years one day’s paid leave for each year of consecutive employment years, in forth in paragraph (1). However, if the total
number of leaves exceeds twenty days, normal wages may be paid for the number of days in excess of twenty days, in place of paid leaves.
(2) An employer shall grant one day’s paid leave per month to a worker the number of whose consecutive service years is less than one year, if the worker has offered work without an
absence throughout a month. <Amended by Act No. 6974, Sep. 15, 2003>
(3) An employer shall grant the leave with pay in accordance with paragraphs (1) and (2) when requested by a worker, and shall pay normal wages or average wages for the leave period as provided
for in the rules of employment or other provisions; however, the period concerned may be altered, if it would be a serious impediment to the operation of the business to grant a leave(s) with pay at a
time when a worker requests.
(3) In case an employer grants a worker paid leave for the first one year of his/her service, the number of leave days shall be 15 including the leave prescribed in Paragraph (2), and if the worker has already used the leave prescribed in Paragraph (2), the number of used leave days shall be deducted from the 15 days of leave. <Amended by Act No. 6974, Sep. 15, 2003>
(4) The period of temporary interruption of work resulting from an occupational injury or disease, or the period of temporary interruption of work before and after childbirth for female workers in
accordance with Article 72, shall be regarded as equivalent to the performance of work without interruption in application of the provisions of paragraph (1).
(4) After the first year of service, an employer shall grant one day’s paid leave for each two years of consecutive service in addition to the leave prescribed in Paragraph (1) to a worker who has worked consecutively for 3 years or more. In this case, the total number of leave days including the additional leave shall not exceed 25. <Amended by Act No. 6974, Sep. 15, 2003>
(5) The paid leave referred to in paragraphs (1) and (2) shall be forfeited unless it is consumed within one year. However, this shall not apply if a worker has been prevented from using annual paid
leaves due to the causes attributable to an employer.
(5) An employer shall grant paid leave pursuant to Paragraphs (1) through (4) upon request of a worker, and shall pay ordinary wages or average wages during the period of leave in accordance with employment rules or other regulations : Provided that the period concerned may be altered, in case it might cause a serious impediment to the operation of the business to grant paid leave at a time when the worker requests. <Amended by Act No. 6974, Sep. 15, 2003>
(6) In applying Paragraphs (1) through (3), the period during which a worker cannot work due to occupational injuries or diseases, or the period of child birth leave pursuant to Article
72 shall be regarded as a period of attendance. <Amended by Act No. 6974, Sep. 15, 2003>
(7) The leave referred to in Paragraphs (1) through (4) shall be forfeited if not used within one year : Provided that this shall not apply in case where the worker concerned has been prevented from using the leave due to any cause attributable to the employer. <Amended by Act No. 6974, Sep. 15, 2003>
Article 59-2 (Promoting the Use of Annual Paid Leave)
If because a worker does not use leave notwithstanding the fact that an employer takes measures falling under any of the following subparagraphs to promote the use of paid leave prescribed
in Article 59 (1), (3) and (4), his/her leave has been forfeited pursuant to Article 59 (7), the employer shall has no obligation to compensate the worker for unused leave, and this is not
considered any cause attributable to the employer under the proviso of Article 59 (7):
1. Within the first 10 days of the three months before unused leave is forfeited pursuant to Article 59 (7), an employer shall notify each worker of the number of his/her unused leave days and urge them in writing to decide when they use the leave and to inform the employer of the decided leave period; and
2. In case notwithstanding the urging prescribed in Subparagraph (1), a worker has failed to decide when he/she uses whole or part of the unused leave and to inform the employer of the decided leave period within 10 days after they were urged, an employer shall decide when the worker uses the unused leave and notify the worker of the decided leave period in writing no later than 2 months before the unused leave is forfeited pursuant to Article 59 (7). <Newly Inserted by Act No. 6974, Sep. 15, 2003>
Article 60 (Substitution of Paid Leave)
An employer may have workers take paid leave on a particular working day in substitution for the monthly paid leave under Article 57, or the annual paid leave under Article 59, if the employer and
the representative of workers have reached agreement in writing.
Article 60 (Substitution of Paid Leave)
An employer may have workers take paid leave on a particular working day in substitution for the annual paid leave under Article 59, if the employer and the representative of workers have reached agreement in writing. <Amended by Act No. 6974, Sep. 15, 2003>
Article 61 (Exceptions to Application)
The provisions of this Chapter and Chapter V as to working hours, recess, and holidays shall not be applied to workers who fall within each of the following subparagraphs:
1. cultivation of arable land, reclamation work, seeding and planting, gathering or picking-up or other agricultural and forestry work;
2. livestock breeding, catch of marine animals and plants, cultivation of marine products or other cattle-breeding, sericulture and fishery business;
3. a worker who is engaged in surveillance or intermittent work, and whose employer has obtained the approval of the Minister of Labor;
4. workers engaged in such business as provided for in the Presidential Decree.
CHAPTER V
Females and Minors
Article 62 (Minimum Age and Employment Permit)
(1) A person under the age of 15 shall not be employed as a worker: Provided that this shall not apply to a person with an employment permit issued by the Minister of Labor in accordance with the criteria determined by Presidential Decree. <Amended by Act 6507, Aug. 14, 2001>
(2) The employment permit referred to in paragraph (1) may be issued at the request of the person himself only by designating the type of occupation in which he is engaged, provided that such employment will not impede compulsory education.
Article 63 (Prohibition of Employment)
(1) An employer shall not have a female in pregnancy or with less than one year after childbirth(hereinafter referred to as “pregnant female”) and those aged less than 18 work in hazardous and dangerous business in terms of morality or health.
(2) An employer shall not have a female aged 18 or older who is not pregnant work in the business that is hazardous and dangerous to their pregnancy or childbirth among the hazardous and dangerous business in terms of health pursuant to paragraph (1).
(3) The occupations prohibited pursuant to paragraphs (1) and (2) shall be determined by Presidential Decree. <Amended by Act No. 6507, Aug. 14, 2001>
Article 64 (Minor Certificate)
For each minor worker under 18, an employer shall keep at each workplace a copy of the census register testifying to his age and a written consent of his parent or guardian.
Article 65 (Labor Contract)
(1) Neither parent nor guardian shall enter into a labor contract on behalf of a minor.
(2) Parent and guardian of a minor, or the Minister of Labor may terminate a labor contract, if a labor contract may be deemed disadvantageous to the minor.
Article 66 (Claim for Wages)
A minor may claim his wages in his own right.
Article 67 (Working Hours)
Working hours of a person aged between 15 and 18 shall not exceed seven hours per day and forty-two hours per week: Provided that if the parties concerned have reached agreement, the working hours may be extended up to an hour per day, or six hours per week.
Article 67 (Working Hours)
Working hours of a person aged between 15 and 18 shall not exceed seven hours per day and forty hours per week: Provided that if the parties concerned have reached agreement, the working hours may be extended up to an hour per day, or six hours per week. <Amended by Act No. 6974, Sep. 15, 2003>
Article 68 (Restriction on Night Work and Holiday Work)
(1) When an employer intends to have a female aged 18 or older work from 10 P.M. to 6 A.M and on holiday, the employer shall obtain the consent of the female concerned.
(2) An employer shall not have a pregnant female and one aged less than 18 work from 10 P.M to 6 A.M. and on holiday, provided however, that if the employer obtains permission from the Minister of Labor for the cases in the following subparagraphs, this provision shall not apply.
1. In case there is a consent from one aged less than 18
2. In case there is a consent from a female with less than one year after childbirth
3. In case a female in pregnancy requests (3) An employer, before obtaining permission from the
Minister of Labor as stipulated in paragraph (2), shall consult in earnest with a workers representative of the business or workplace concerned as to whether there will be night work or holiday work and its implementation methods for workers’ health and maternity protection. <Whole Article Amended by Act No. 6507, Aug. 14, 2001>
Article 69 (Overtime Work)
An employer shall not have, a female with less than one year after childbirth, work overtime exceeding 2 hours per day, 6 hours per week, and 150 hours per year, even if provided for
in a collective agreement. <Amended by Act No. 6507, Aug. 14, 2001>
Article 70 (Prohibition of Work Inside Pit)
An employer shall not have a female or minor under the age of 18 do any work inside a pit, provided, however, that this shall not apply when the work is temporarily needed to perform the business as determined by Presidential Decree such as health, medicine, news report, news coverage, etc. <Amended
by Act No. 6507, Aug. 14, 2001>
Article 71 (Menstruation Leave)
An employer shall, if requested by a female worker, grant her one day’s menstruation leave per month. <Amended by Act No. 6974, Sep. 15, 2003>
Article 72 (Protection of Health of Pregnant Female)
(1) An employer shall allow a pregnant female worker 90 days of maternity leave before and after childbirth. In such case, 45 days or more shall be allocated after the childbirth.
(2) Of the maternity leave pursuant to paragraph (1), the first 60 days’ leave shall be with pay.
(3) An employer shall not have a female worker in pregnancy work overtime, and, if there is a request from the concerned worker, shall transfer the worker to other light or easy work. <Amended by Act No. 6507, Aug. 14, 2001>
Article 73 (Nursing Hours)
A female worker who has an infant under twelve months shall be allowed to take more than 30 minutes of each nursing period twice a day.
Article 74
Deleted. <Act No. 5885, Feb. 8, 1999>
Article 75
(1) Deleted. <Act No. 5885, Feb. 8, 1999>
(2) Deleted. <Act No. 5885, Feb. 8, 1999>
CHAPTER Ⅵ
Safety and Health
Article 76 (Safety and Health)
The safety and health of workers shall be subject to the conditions as prescribed in the Industrial Safety and Health Act.
CHAPTER Ⅶ
Apprenticeship
Article 77 (Prohibition of Abuse of Apprentice)
An employer shall not abuse workers in training or workers on probation or any other apprentice whose purpose is to acquire a technical skill, and shall not assign to them domestic works or other works which are not related to the acquirement of technical skill.
Article 78
(1) Deleted. <Act No. 5885, Feb. 8, 1999>
(2) Deleted. <Act No. 5885, Feb. 8, 1999>
(3) Deleted. <Act No. 5885, Feb. 8, 1999>
Article 79
Deleted. <Act No. 5885, Feb. 8, 1999>
Article 80
Deleted. <Act No. 5885, Feb. 8, 1999>
CHAPTER Ⅷ
Accident Compensation
Article 81 (Medical Treatment Compensation)
(1) An employer shall provide necessary medical treatment at his own expense or bear corresponding expenses for a worker who suffers from an occupational injury or disease.
(2) The scope of occupational disease or medical treatment referred to in paragraph (1) shall be determined by the Presidential Decree.
Article 82 (Compensation for Suspension of Work)
An employer shall provide a worker undergoing medical treatment as provided for in Article 81 with compensation for the suspension of work due to the occupational injury or disease equivalent to 60 percent of the average wages during the period of medical treatment.
Article 83 (Compensation for the Handicapped)
If a worker remains handicapped even after finishing treatment for an occupational injury or disease, an employer shall provide the handicapped worker, according to the level of disability, with compensation equivalent to the sum of the average wages multiplied by the number of days provided for in the attached table.
Article 84 (Exceptions to Articles 82 and 83)
If a worker suffers from an occupational injury or disease due to his own gross negligence, and an employer obtains the acknowledgment of the Labor Relations Commission for that negligence, the employer may not provide compensation for the suspension of work or compensation for handicap.
Article 85 (Compensation for Survivors)
If a worker dies with regard to the performance of his duty, an employer shall provide survivor’s compensation equivalent to average wages of 1,000 days to a surviving family.
Article 86 (Funeral Expenses)
If a worker dies with regard to the performance of his duty, an employer shall provide funeral expenses equivalent to the average wage of 90 days.
Article 87 (Lump Sum Compensation)
If a worker receiving compensation in accordance with Article 81 has not completely recovered from the said occupational injury or disease even after a lapse of two years since the medical care began, the employer may be exonerated from any further obligation to grant compensation under this Act thereafter by providing a lump sum compensation equivalent to the average wages of 1,340 days.
Article 88 (Installment Compensation)
If an employer proves his ability to pay compensation, and has obtained the consent of a recipient, he may pay the compensation stipulated in the provisions of Article 83, 85 or 87 by installments
during one year.
Article 89 (Claim for Compensation)
A claim for compensation shall not be changed due to retirement and shall not be transferred nor be confiscated.
Article 90 (Relationship with Other Damage Claims)
If a person to receive compensation has received money or other valuables corresponding to accident compensation stipulated in this Act in accordance with the Civil Code, other laws or decrees for the same reason, the employer shall be exonerated from any obligation of compensation to the extent of the said value received.
Article 91 (Reappraisal and Arbitration of the Minister of Labor)
(1) If a person has an objection to the judgement of occupational injury, disease or death, methods of medical care, determination of a compensation or any other issue regarding compensation, the person concerned may request the Minister of Labor to reappraise or arbitrate the case.
(2) If a request stipulated in paragraph (1) is filed, the Minister of Labor shall reappraise or arbitrate the case within one month.
(3) The Minister of Labor may reappraise or arbitrate a dispute ex officio, if necessary.
(4) The Minister of Labor may have a doctor diagnose or examine the worker concerned, if it is deemed necessary for reappraisal or arbitration.
(5) With regard to interruption of prescription, the request for reappraisal or arbitration in accordance with paragraph (1)and the commencement of reappraisal or arbitration pursuant to
paragraph (2) shall be regarded as a claim by way of judicial proceedings.
Article 92 (Reappraisal and Arbitration of Labor Relations Commission)
(1) If reappraisal or arbitration has not been made within
the period set forth in paragraph (2) of Article 91, or if a person
is dissatisfied with the result of reappraisal or arbitration, a
request may be filed with the Labor Relations Commission for
reappraisal or arbitration.
(2) If a request is filed in accordance with paragraph (1), the Labor Relations Commission shall reappraise or arbitrate the case within one month.
Article 93 (Exception to Subcontracted work)
(1) If a business is operated based upon several tiers of
subcontracts, a primary contractor shall be regarded as an
employer with regard to accident compensation.
(2) With regard to paragraph (1), if a subcontractor is supposed to pay compensation by a written agreement with a primary contractor, the subcontractor shall also be regarded as an employer; however, the primary contractor shall not be allowed to have more than two subcontractors bear overlapping compensation for the same business.
(3) With regard to paragraph (2), if the primary contractor has been requested to provide compensation, he may ask an applicant to demand compensation first from the subcontractor
who has agreed to have responsibility for such compensation. However, this shall not apply if the subcontractor concerned is missing or is adjudged bankrupt.
Article 94 (Documents to be kept)
An employer shall keep important documents concerning accident compensations for two years.
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