Act On The Employment, Etc. Of Foreign Workers

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CHAPTER I GENERAL PROVISIONS

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 Article 1 (Purpose)
 

The purpose of this Act is to contribute to smooth supply of and demand for human resources and the balanced development of the national economy through the systematic introduction and management of foreign workers.
[This Article Wholly Amended by Act No. 9798, Oct. 9, 2009]

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 Article 2 (Definition of Foreign Workers)
 

The term "foreign worker" in this Act means a person who does not have the nationality of the Republic of Korea and who provides or desires to provide his/her labor in return for wages in any business or place of business situated within the Republic of Korea: Provided, That persons prescribed by Presidential Decree, taking into consideration the fields of employment, the duration of sojourn, or any other relevant fact, among foreigners who have status of sojourn eligible for employment pursuant to Article 18 (1) of the Immigration Control Act shall be excluded herefrom.
[This Article Wholly Amended by Act No. 9798, Oct. 9, 2009]

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 Article 3 (Scope of Application, etc.)
 

(1)
This Act shall apply to foreign workers and the businesses or places of business that employ or intend to employ foreign workers: Provided, That this Act shall not apply to any seafarer who works on a ship governed by the Seafarers Act but who does not have the nationality of the Republic of Korea, or to any owner of a ship who employs or intends to employ such seafarer.
(2)
Except as otherwise provided by this Act, the entry into, the sojourn in, and the departure from the Republic of Korea of foreign workers shall be governed by the Immigration Control Act.
[This Article Wholly Amended by Act No. 9798, Oct. 9, 2009]

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 Article 4 (Committee for Policy on Foreign Human Resources)
 

(1)
There is hereby established a committee for policy on foreign human resources (hereinafter referred to as the "policy committee") under the jurisdiction of the Prime Minister in order to deliberate, and adopt resolutions, on important matters pertaining to the management and protection of employment of foreign workers.
(2)
The policy committee shall deliberate, and adopt resolutions, on the following:
1.
Matters concerning the establishment of a master plan for foreign workers;
2.
Matters concerning the types and size of business eligible for the introduction of foreign workers;
3.
Matters concerning the designation of countries eligible to dispatch foreign workers (hereinafter referred to as "dispatching countries") and the cancellation of such designation;
4.
Other matters prescribed by Presidential Decree.
(3)
The policy committee shall be comprised of no more than 20 members, including one chairperson.
(4)
The Minister of the Office for Government Policy Coordination shall take the chair of the policy committee, and the Vice Minister of Strategy and Finance, the Vice Minister of Foreign Affairs, the Vice Minister of Justice, the Vice Minister of Trade, Industry and Energy, the Vice Minister of Employment and Labor, the Administer of the Small and Medium Business Administration, and the Vice Ministers of the relevant central administrative agencies prescribed by Presidential Decree shall serve as committee members.
(5)
There is hereby established a working committee for policy on foreign human resources (hereinafter referred to as "working committee") in the policy committee to deliberate in advance on matters concerning the operation of the employment system for foreign workers, the protection of rights and interests of foreign workers, and others.
(6)
Matters necessary for the organization, functions, operation of the policy committee and the working committee and other relevant matters shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9798, Oct. 9, 2009]

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 Article 5 (Public Announcement, etc. of Plans for Introduction of Foreign Workers)
 

(1)
The Minister of Employment and Labor shall establish a plan for the introduction of foreign workers, including matters specified in the provisions of Article 4 (2), subject to deliberation and resolution by the policy committee, and shall announce such plan to the public by March 31 of each year in the manner prescribed by Presidential Decree.
(2)
Notwithstanding the provision of paragraph (1), the Minister of Employment and Labor may revise the plan for the introduction of foreign workers established under paragraph (1), subject to deliberation and resolution by the policy committee, if it is necessary to revise the plan due to a sudden change in employment conditions, such as an increase in domestic unemployment. In such cases, paragraph (1) shall apply mutatis mutandis to the method of public announcement.
(3)
The Minister of Employment and Labor may, if necessary, conduct a survey or research designed to support foreign workers-related business, and matters necessary therefor shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9798, Oct. 9, 2009]

CHAPTER II PROCEDURES FOR EMPLOYMENT OF FOREIGN WORKERS

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 Article 6 (Efforts to Employ Nationals)
 

(1)
Any person who intends to employ a foreign worker shall file an application for recruiting nationals first with an employment security office prescribed in subparagraph 1 of Article 2-2 of the Employment Security Act (hereinafter referred to as "employment security office").
(2)
The head of an employment security office shall, upon receipt of an application for recruiting nationals under paragraph (1), counsel and assist the employer in offering appropriate terms and conditions of employment and shall actively provide a job referral so that a national who meets the terms and conditions of employment can be hired preferentially.
[This Article Wholly Amended by Act No. 9798, Oct. 9, 2009]

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 Article 7 (Preparation of List of Foreign Job-Seekers)
 

(1)
The Minister of Employment and Labor shall prepare a list of foreign job-seekers in consultation with the head of a governmental agency responsible for the administration of labor affairs in a dispatching country designated pursuant to Article 4 (2) 3, as prescribed by Presidential Decree: Provided, That if such dispatching country has no independent governmental agency responsible for the administration of labor affairs, the Minister of Employment and Labor shall designate a department with the most similar function and shall consult the head of the department, subject to deliberation by the policy committee.
(2)
When the Minister of Employment and Labor prepares a list of foreign job-seekers under paragraph (1), he/she shall conduct a test for the evaluation of proficiency in the Korean language (hereinafter referred to as "test of proficiency in Korean") so that the results of the test can be utilized as selection criteria for foreign job-seekers, and matters necessary for the selection of an agency responsible for the implementation of the test of proficiency in Korean and the cancellation of such selection, the testing methods, and other matters concerning the implementation of the test of proficiency in Korean shall be prescribed by Presidential Decree.
(3)
The Minister of Employment and Labor may evaluate the level of skills and other eligibility requirements to meet the demand for human resources, if necessary for using them as the criteria, etc. for selecting foreign job-seekers under paragraph (1).
(4)
The institution responsible for evaluating eligibility requirements under paragraph (3) shall be the Human Resources Development Service of Korea under the Human Resources Development Service of Korea Act, and methods of evaluating eligibility requirements and other necessary matters shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9798, Oct. 9, 2009]

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 Article 8 (Employment Permits for Foreign Workers)
 

(1)
Any employer who has filed an application for recruiting nationals in accordance with Article 6 (1) shall, if he/she fails to hire new personnel despite efforts made for a job referral under paragraph (2) of the aforesaid Article, apply for an employment permit for foreign workers to the head of an employment security office, as prescribed by Ordinance of the Ministry of Employment and Labor.
(2)
The effective term of applications for recruitment under paragraph (1) shall be three months, but may be extended only once, as prescribed by Presidential Decree, if it is impossible to hire any new worker due to a temporary downturn in business conditions or any other reason.
(3)
The head of an employment security office shall, upon receipt of an application under paragraph (1), recommend an eligible person, from among those registered on the list of foreign job-seekers under Article 7 (1) to an employer who meets the requirements prescribed by Presidential Decree in terms of the types and size of business, etc. eligible for the introduction of foreign workers.
(4)
The head of an employment security office shall grant an employment permit without delay to an employer who has selected an eligible person as recommended pursuant to paragraph (3), and issue a written employment permit describing the name, etc. of such foreign worker.
(5)
Matters necessary for the issuance and management of written employment permits for foreign workers under paragraph (4) and other matters shall be prescribed by Presidential Decree.
(6)
No person, other than an employment security office, shall intervene in the selection, referral, or any other employment of foreign workers.
[This Article Wholly Amended by Act No. 9798, Oct. 9, 2009]

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 Article 9 (Employment Contracts)
 

(1)
Any employer who intends to employ a foreign worker selected in accordance with Article 8 (4) shall enter into an employment contract in the standard employment contract form prescribed by Ordinance of the Ministry of Employment and Labor.
(2)
Any employer who intends to enter into an employment contract under paragraph (1) may authorize the Human Resources Development Service of Korea under the Human Resources Development Service of Korea Act to enter into the contract on his/her behalf.
(3)
An employer who has obtained an employment permit under Article 8 and the relevant foreign worker may make or renew an employment contract by mutual agreement for a period set in Article 18.
(4)
A foreign worker whose period of employment is extended under Article 18-2 and the relevant employer may enter into an employment contract for a period not exceeding such extended period of employment.
(5)
Matters necessary for the procedure for entering into employment contracts under paragraph (1), the timing for validation of such employment contracts, and other relevant matters shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9798, Oct. 9, 2009]

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 Article 10 (Certificates of Visa Issuance)
 

Any employer who has entered into an employment contract with a foreign worker in accordance with Article 9 (1) may file, on behalf of the foreign worker, an application for a certificate of visa issuance with the Minister of Justice pursuant to Article 9 (2) of the Immigration Control Act.
[This Article Wholly Amended by Act No. 9798, Oct. 9, 2009]

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 Article 11 (Employment Training for Foreign Workers)
 

(1)
Every foreign worker shall receive training provided by an institution prescribed by Presidential Decree for making him/her acquainted with matters necessary for working in the Republic of Korea (hereinafter referred to as "employment training for foreign workers") within a period set by Ordinance of the Ministry of Employment and Labor after his/her entry into the Republic of Korea.
(2)
Every employer shall provide foreign workers with an opportunity to receive employment training for foreign workers.
(3)
The hours and contents of employment training for foreign workers and other matters necessary therefor shall be prescribed by Ordinance of the Ministry of Employment and Labor.
[This Article Wholly Amended by Act No. 9798, Oct. 9, 2009]

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 Article 12 (Special Cases for Employment of Foreign Workers)
 

(1)
Any employer who runs the following businesses or uses the following places of business may, after receipt of certification of exceptionally permissible employment under paragraph (3), employ a foreigner who entered the Republic of Korea with a visa prescribed by Presidential Decree and who desires to work as an employee in the Republic of Korea. In such cases, the provisions of Article 9 shall apply mutatis mutandis to the conclusion of an employment contract:
1.
A business or place of business in the construction industry as specified by the policy committee, considering the current status of the labor market for daily workers, limitations on domestic workers' opportunities for employment, the size of the place of business, and other relevant facts;
2.
A business or place of business in the service, manufacturing, agricultural, or fishery industry as specified by the policy committee, considering the characteristics of each industry.
(2)
Any foreigner who falls under paragraph (1) and who desires to work as an employee in a business or place of business falling under any subparagraph of paragraph (1) shall file a job application with the head of an employment security office after receiving employment training for foreign workers, and the Minister of Employment and Labor shall prepare and manage a list of foreign job-seekers in relation to such applications.
(3)
Any employer who has filed an application for recruiting nationals in accordance with Article 6 (1) may, if he/she fails to hire new personnel despite efforts made by the head of an employment security office for a job referral under Article 6 (2), file for certification of exceptionally permissible employment with the head of an employment security office, as prescribed by Ordinance of the Ministry of Employment and Labor. In such cases, the head of an employment security office shall certify such exceptionally permissible employment to the employer if he/she meets the requirements prescribed by Presidential Decree with regard to the types and size of business eligible for the introduction of foreign workers.
(4)
Any employer who has received certification of exceptionally permissible employment under paragraph (3) shall hire a foreign worker from among those registered on the list of job-seekers under paragraph (2), and shall, when a foreign worker begins his/her employment, report to the head of an employment security office, as prescribed by Ordinance of the Ministry of Employment and Labor.
(5)
The effective term of certification of exceptionally permissible employment shall be three years: Provided, That if the relevant business or place of business falls under paragraph (1) 1 and the construction period is less than three years, such period shall be the effective term.
(6)
Where the head of an employment security office has certified exceptionally permissible employment under paragraph (3), he/she shall issue a certificate of exceptionally permissible employment to the relevant employer, as prescribed by Presidential Decree.
(7)
The provisions of Article 21 of the Immigration Control Act shall not apply to foreign workers falling under paragraph (1).
(8)
Where any foreigner who falls under paragraph (1) desires to work as an employee, the Minister of Employment and Labor may provide him/her with information on employment before he/she enters the Republic of Korea.
[This Article Wholly Amended by Act No. 9798, Oct. 9, 2009]

CHAPTER III MANAGEMENT OF EMPLOYMENT OF FOREIGN WORKERS

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 Article 13 (Insurance and Trust for Departure Guaranty)
 

(1)
Any employer who runs a business or place of business hiring a foreign worker (hereinafter referred to as "employer") shall purchase an insurance policy or a trust deed in favor of the foreign worker (hereinafter referred to as "insurance policy for departure guaranty, etc.") in preparation for the payment of retirement benefits to the foreign worker when he/she departs from the Republic of Korea. In such cases, insurance premiums or trust money shall be paid or deposited each month.
(2)
Where an employer purchases an insurance policy for departure guaranty, etc., he/she is deemed to have established a retirement allowance system under Article 8 (1) of the Guarantee of Workers' Retirement Benefits Act.
(3)
Matters necessary for employers obligated to purchase an insurance policy for departure guaranty, etc., the method for purchase, the coverage, management, and payment of such insurance policy for departure guaranty, etc., and other relevant matters shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9798, Oct. 9, 2009]

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 Article 14 (Health Insurance)
 

For the purposes of applying the National Health Insurance Act to employers and foreign workers employed by them, such employers shall be deemed employers under Article 3 of the aforesaid Act, while foreign workers employed by such employers shall be deemed employment-provided policy holders under Article 6 (1) of the same Act, respectively.
[This Article Wholly Amended by Act No. 9798, Oct. 9, 2009]

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 Article 15 (Insurance and Trust for Expenses for Returning Home)
 

(1)
Every foreign worker shall carry an insurance policy or a trust deed to cover expenses to be incurred in returning home.
(2)
Matters necessary for the method of subscription to and coverage of an insurance or trust under paragraph (1), the management and payment of such insurance or trust, and other relevant matters shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9798, Oct. 9, 2009]

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 Article 16 (Measures Necessary for Returning Home)
 

Where a foreign worker returns home upon termination of employment, expiration of the duration of sojourn, or due to any other reason, every employer shall take such necessary measures as the settlement of payables and receivables, including wages, before the foreign worker departs from the Republic of Korea.
[This Article Wholly Amended by Act No. 9798, Oct. 9, 2009]

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 Article 17 (Management of Employment of Foreign Workers)
 

(1)
Every employer shall, if any event prescribed by Presidential Decree occurs, such as when he/she terminates an employment contract concluded with a foreign worker or otherwise modifies any important matter relevant to the employment, etc. report to the head of an employment security office, as prescribed by Ordinance of the Ministry of Employment and Labor.
(2)
Matters necessary for the appropriate management of employment of foreign workers, etc. shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9798, Oct. 9, 2009]

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 Article 18 (Limitation on Period of Service)
 

Any foreign worker may work as an employee within three years of entry into the Republic of Korea.
[This Article Wholly Amended by Act No. 11276, Feb. 1, 2012]

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 Article 18-2 (Special Cases for Limitation on Period of Service)
 

(1)
Notwithstanding the provisions of Article 18, any of the following foreign workers may be granted an extension of employment period only once within a period not exceeding two years:
1.
A foreign worker employed by an employer who obtained an employment permit under Article 8 (4) and for whom the employer has requested the Minister of Employment and Labor to permit re-employment before he/she leaves the Republic of Korea after the expiration of three years of service as an employee under Article 18;
2.
A foreign worker employed by an employer who obtained certification of exceptionally permissible employment under Article 12 (3) and for whom the employer has requested the Minister of Employment and Labor to permit re-employment before he/she leaves the Republic of Korea after the expiration of three years of service as an employee under Article 18.
(2)
Matters necessary for the procedures for requests for re-employment by employers under paragraph (1) and other relevant matters shall be prescribed by Ordinance of the Ministry of Employment and Labor.
[This Article Wholly Amended by Act No. 9798, Oct. 9, 2009]

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 Article 18-3 (Limitation on Employment after Re-Entry)
 

No foreign worker (excluding any foreign worker referred to in Article 12 (1)) who departs from the Republic of Korea after working as an employee in the Republic of Korea shall work again as an employee under this Act before the lapse of six months from the date of his/her last departure from the Republic of Korea.
[This Article Newly Inserted by Act No. 11276, Feb. 1, 2012]

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 Article 18-4 (Special Cases for Limitation on Employment after Re-Entry)
 

(1)
Notwithstanding the provisions of Article 18-3, when an employer requests an employment permit after re-entry before any foreign worker who meets all of the following eligibility requirements departs from the Republic Korea due to the expiration of the period of service extended under Article 18-2, the Minister of Labor may allow the re-employment of the foreign worker pursuant to this Act after the lapse of three months from the date of his/her last departure from the Republic of Korea:
1.
During the period of service prescribed in Articles 18 and 18-2, the business or place of business shall not be changed. (in cases of changing business or place of business under Article 25 (1) 2, the period of employment contract until the expiration date of service with the employer requesting an employment permit after re-entry shall exceed one year.);
2.
The foreign worker should have been working in the business or place of business where the policy committee determines that it is impractical to employ local workers, considering the types or size of business for the introduction of foreign workers;
3.
The foreign worker should have entered into a contract of employment with the employer for more than one year in effect from the date of starting work after he/she re-enters the Republic of Korea.
(2)
The provisions of Articles 6, 7 (2), and 11 shall not apply to applications for an employment permit after re-entry under paragraph (1) and employment activities after re-entry.
(3)
Employment after re-entry under paragraph (1) shall be permitted only once; the provisions of Article 9 shall apply mutatis mutandis to the conclusion of an employment contract after re-entry; and the provisions of Articles 18, 18 (2), and 25 shall apply mutatis mutandis to employment activities of a foreign worker who has re-entered the Republic of Korea.
(4)
The procedure for employers' applying for an employment permit under paragraph (1) and other necessary matters shall be prescribed by Ordinance of the Ministry of Employment and Labor.
[This Article Newly Inserted by Act No. 11276, Feb. 1, 2012]

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 Article 19 (Cancellation of Employment Permits for or Certification of Exceptionally Permissible Employment of Foreign Workers)
 

(1)
The head of an employment security office may issue an order to any of the following employers to cancel an employment permit granted under Article 8 (4) or certification of exceptionally permissible employment granted under Article 12 (3), as prescribed by Presidential Decree:
1.
If the employer obtains the employment permit or the certification of exceptionally permissible employment by fraud or other wrongful means;
2.
If the employer violates terms and conditions of wages or other employment conditions agreed upon before the foreign worker's entry into the Republic of Korea;
3.
If the relevant employment contract is found difficult to maintain because of the employer's delay in payment of wages or other violation of any labor-related Act.
(2)
Any employer whose employment permit for or certification of exceptionally permissible employment of a foreign worker has been cancelled pursuant to paragraph (1) shall terminate the employment contract with the relevant foreign worker within 15 days from the date of cancellation of the relevant permit or certification.
[This Article Wholly Amended by Act No. 9798, Oct. 9, 2009]

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 Article 20 (Limitation on Employment of Foreign Workers)
 

(1)
The head of an employment security office may place limitations on employment of foreign workers against any of the following employers, for three years from the date of occurrence of the relevant event:
1.
A person who employs a foreign worker without an employment permit under Article 8 (4) or a certificate of exceptionally permissible employment under Article 12 (6);
2.
A person whose employment permit for or certification of exceptionally permissible employment of a foreign worker has been cancelled pursuant to Article 19 (1);
3.
A person who has been punished for a violation of this Act or the Immigration Control Act;
4.
A person to whom any other ground prescribed by Presidential Decree is applicable.
(2)
When the Minister of Employment and Labor places limitations on employment of foreign workers pursuant to paragraph (1), he/she shall notify the relevant employer thereof, as prescribed by Ordinance of the Ministry of Employment and Labor.
[This Article Wholly Amended by Act No. 9798, Oct. 9, 2009]

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 Article 21 (Projects related to Foreign Workers)
 

The Minister of Employment and Labor shall undertake projects for the promotion of foreign workers' service as employees in the Republic of Korea and the efficient management of their employment:
1.
Support for entry and departure of foreign workers;
2.
Training for foreign workers and their employers;
3.
Cooperation with public agencies of dispatching countries and non-governmental organizations related to foreign workers;
4.
Providing convenience to foreign workers and their employers, including counseling;
5.
Public relations for the employment system of foreign workers, etc.;
6.
Other projects prescribed by Presidential Decree for the management of employment of foreign workers.
[This Article Wholly Amended by Act No. 9798, Oct. 9, 2009]

CHAPTER IV PROTECTION OF FOREIGN WORKERS

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 Article 22 (Prohibition against Discrimination)
 

No employer shall unfairly give discriminatory treatment to a foreign worker on the ground that he/she is a foreign worker.
[This Article Wholly Amended by Act No. 9798, Oct. 9, 2009]

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 Article 23 (Subscription for Guaranty Insurance, etc.)
 

(1)
Every employer who runs a business or place of business prescribed by Presidential Decree, taking into consideration the size of business, the characteristics of each industry, and other relevant factors, shall purchase a guaranty insurance policy in preparation for delay in payment of wages to foreign workers employed by him/her.
(2)
Every foreign worker who works as an employee in any business or place of business prescribed by Presidential Decree, taking into consideration the characteristics of each industry and other relevant factors, shall purchase a personal injury insurance policy in preparation for illness, death, and other accidents.
(3)
Matters necessary for the method of subscription and coverage of the guaranty insurance and the personal injury insurance under paragraphs (1) and (2) and the management and payment of such insurances, and other relevant matters shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9798, Oct. 9, 2009]

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 Article 24 (Subsidization to Organizations, etc. related to Foreign Workers)
 

(1)
The State may, within budgetary limits, partially subsidize expenses incurred by any institution or organization that provides foreign workers with counseling and training services or any other service prescribed by Presidential Decree in providing such services.
(2)
Matters necessary for the eligibility requirements, criteria, and procedure for subsidization under paragraph (1) and other relevant matters shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9798, Oct. 9, 2009]

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 Article 24-2 (Councils for Protection of Rights and Interests of Foreign Workers)
 

(1)
For the purpose of consulting on matters relating to the protection of the rights and interests of foreign workers, a council for the protection of the rights and interests of foreign workers may be established in an employment security office, wherein workers' organizations and employers' organizations in the relevant region participate.
(2)
Matters necessary for the organization and operation of councils for the protection of rights and interests of foreign workers and other relevant matters shall be prescribed by Ordinance of the Ministry of Employment and Labor.
[This Article Newly Inserted by Act No. 9798, Oct. 9, 2009]

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 Article 25 (Permits to Transfer to Another Business or Place of Business)
 

(1)
Where any of the following events occurs, a foreign worker (excluding a foreign worker under Article 12 (1)) may apply for a transfer to another business or place of business with the head of an employment security office, as prescribed by Ordinance of the Ministry of Employment and Labor:
1.
If his/her employer intends to terminate his/her employment contract during the contract period, or intends to refuse to renew his/her employment contract after its expiry, due to a justifiable ground;
2.
Where the Minister of Employment and Labor gives public notice, as he/she deems that the foreign worker is unable to continue his/her employment in the business or place of business in conformity with principles generally accepted in the society due to a ground not attributable to him/her, such as temporary shutdown, closure of business, cancellation of the employment permit under Article 19 (1), limitation on the employment under Article 20 (1), or his/her employer's violation of terms and conditions of employment or unfair treatment;
3.
Where any other cause or event prescribed by Presidential Decree occurs.
(2)
Where an employer hires a foreign worker who intends to be re-employed after applying for a transfer to another business or place of business under paragraph (1), the provisions of Articles 6, 8, and 9 shall apply mutatis mutandis to the procedure and method for such employment.
(3)
Any foreign worker who fails to obtain a permit for a transfer to another workplace under Article 21 of the Immigration Control Act within three months from the date of applying for the transfer to another business or place of business under paragraph (1), or who fails to apply for a transfer to another business or place of business within one month after the expiry of the employment contract with the employer shall depart from the Republic of Korea: Provided, That for a foreign worker who is unable to obtain a permit for a transfer to another place of work or apply for a transfer to another place of work due to an accident on duty, disease, pregnancy, childbirth, etc., such period shall be calculated from the date on which such cause has ceased.
(4)
Any foreign worker's transfer of business or place of business under paragraph (1) shall not, in principle, exceed three times during the period prescribed in Article 18or two times during the extended period prescribed in Article 18-2 (1) (excluding a transfer to another business or place of business due to any ground set forth in Article 25 (1) 2): Provided, That the foregoing shall not apply where any extenuating ground prescribed by Presidential Decree exists.
[This Article Wholly Amended by Act No. 9798, Oct. 9, 2009]

CHAPTER V SUPPLEMENTARY PROVISIONS

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 Article 26 (Reporting, Investigations, etc.)
 

(1)
The Minister of Employment and Labor may, if deemed necessary, order any employer, foreign worker, or foreigners-related organization subsidized pursuant to Article 24 (1) to submit a report or relevant documents, or issue any other order as may be necessary, and may also assign public officials under his/her supervision to make inquiries to relevant persons or conduct an investigation or inspection on relevant account books and documents.
(2)
Any public official who conducts an investigation or inspection pursuant to paragraph (1) shall carry an identification certifying his/her authority with him/her and produce it to relevant persons.
[This Article Wholly Amended by Act No. 9798, Oct. 9, 2009]

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 Article 27 (Collection, etc. of Fees)
 

(1)
A person who concludes an employment contract between an employer and a foreign worker on their behalf pursuant to Article 9 (2) (including cases to which conclusion of an employment contract is applied mutatis mutandis pursuant to the latter part of the provisions, other than the provisions of Article 12 (1), Articles 18-4 (3) and 25 (2): hereafter the same shall apply in this Article) may collect fees and expenses to be incurred from the employer, as prescribed by Ordinance of the Ministry of Employment and Labor.
(2)
The Minister of Employment and Labor may, if necessary to carry out projects related to foreign workers under Article 21, collect fees and expenses to be incurred from employers, as prescribed by Ordinance of the Ministry of Employment and Labor.
(3)
A person who conducts business related to the employment of foreign workers on behalf of an employer or a foreign worker may collect fees and expenses to be incurred from the employer, as prescribed by Ordinance of the Ministry of Employment and Labor.
(4)
No person, other than the following persons, shall receive any amount of money or valuables in return for conclusion of an employment contract on other's behalf, execution of affairs related to the employment of foreign workers on other's behalf, or execution of affairs related to foreign workers:
1.
A person who concludes an employment contract between an employer and a foreign worker on other's behalf pursuant to Article 9 (2);
2.
A person who conducts affairs related to the employment of foreign workers on other's behalf pursuant to Article 27-2 (1);
3.
A person delegated or entrusted to exercise the authority of the Minister of Employment and Labor set forth in Article 21, pursuant to Article 28.
[This Article Wholly Amended by Act No. 9798, Oct. 9, 2009]

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 Article 27-2 (Filing Various Applications, etc.)
 

(1)
Any employer or foreign worker may assign a person designated by the Minister of Employment and Labor (hereinafter referred to as "agency") to conduct affairs related to the employment of foreign workers, such as filing applications, accepting documents, etc., as listed in the following, on his/her behalf:
1.
Applications for recruitment of nationals under Article 6 (1) (including cases where Article 25 (2) applies mutatis mutandis);
2.
Requests for a permit for re-employment by an employer under Article 18-2;
3.
Applications for an employment permit after re-entry into the Republic of Korea under Article 18-4 (1);
4.
Applications for a transfer to another business or place of business under Article 25 (1);
5.
Other affairs concerning the employment of foreign workers, as prescribed by Ordinance of the Ministry of Employment and Labor.
(2)
Requirements for the designation, scope of business activities, procedures for the designation of an agency, and matters necessary for acting on behalf of employers or foreign workers pursuant to paragraph (1) shall be prescribed by Ordinance of the Ministry of Employment and Labor.
[This Article Newly Inserted by Act No. 9798, Oct. 9, 2009]

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 Article 27-3 (Cancellation, etc. of Designation of Agencies)
 

(1)
If an agency falls under any of the following cases, the Minister of Employment and Labor may cancel the designation of such agency or issue an order to suspend its business for no more than six months or to take corrective measures, as prescribed by Ordinance of the Ministry of Employment and Labor:
1.
Where it has been designated by fraud or other wrongful means;
2.
Where it fails to meet the requirements for designation;
3.
Where it conducts any business activity beyond the designated scope of business;
4.
Where it fails to perform its duty with a reasonable care of a good fiduciary or fails to comply with the procedures for handling business.
(2)
If the Minister of Employment and Labor intends to cancel the designation of an agency under paragraph (1), he/she shall hold a hearing.
[This Article Newly Inserted by Act No. 9798, Oct. 9, 2009]

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 Article 28 (Delegation or Entrustment of Authority)
 

The Minister of Employment and Labor may delegate part of his/her authority under this Act to the head of each regional employment and labor office, or entrust to the Human Resources Development Service of Korea under the Human Resources Development Service of Korea Act or any person specified by Presidential Decree, as prescribed by Presidential Decree: Provided, That the project mentioned in subparagraph 1 of Article 21 shall be entrusted to the Human Resources Development Service of Korea under the Human Resources Development Service of Korea Act.
[This Article Wholly Amended by Act No. 9798, Oct. 9, 2009]

CHAPTER VI PENAL PROVISIONS

law view

 Article 29 (Penal Provisions)
 

The following persons shall be punished by imprisonment with prison labor for not more than one year or by a fine not exceeding ten million won:
1.
A person who intervenes in selection, referral, or hiring of a foreign worker, in violation of Article 8 (6);
2.
An employer who fails to take measures necessary for returning home, in violation of Article 16;
3.
An employer who fails to terminate an employment contract, in violation of Article 19 (2);
4.
A person who interferes with a foreign worker's transfer to another business or place of business under Article 25;
5.
A person who receives money or valuables, in violation of Article 27 (4).
[This Article Wholly Amended by Act No. 9798, Oct. 9, 2009]

law view

 Article 30 (Penal Provisions)
 

The following persons shall be punished by a fine not exceeding five million won:
1.
An employer who fails to purchase an insurance policy for departure guaranty, etc., in violation of the former part of Article 13 (1);
2.
A person who fails to purchase a guaranty insurance policy or a personal injury insurance policy under Article 23.
[This Article Wholly Amended by Act No. 9798, Oct. 9, 2009]

law view

 Article 31 (Joint Penal Provisions)
 

If a representative of a corporation or an agent, employee, or other servant of the corporation or an individual commits an offence under Article 29 or 30 in connection with duties of the corporation or individual, not only shall such offender be punished, but the corporation or individual shall be punished by a fine prescribed in the relevant provisions: Provided, That the same shall not apply where such corporation or individual has not been negligent in giving due attention and supervision with regard to the relevant duties in order to prevent such offence.
[This Article Wholly Amended by Act No. 9798, Oct. 9, 2009]

law view

 Article 32 (Fines for Negligence)
 

(1)
The following persons shall be punished by a fine for negligence not exceeding five million won:
1.
A person who fails to enter into an employment contract in the standard employment contract form, in violation of Article 9 (1);
2.
An employer who fails to provide foreign workers with an opportunity to receive employment training for foreign workers, in violation of Article 11 (2);
3.
An employer who employs a foreign worker who has a visa referred to in Article 12 (1), without obtaining certification of exceptionally permissible employment under Article 12 (3);
4.
An employer who fails to hire a foreign worker, from among those registered on the list of job-seekers, or who fails to submit a report or submits a false report to the head of an employment security office when a foreign worker begins his/her employment, in violation of Article 12 (4);
5.
An employer who delays payments of monthly insurance premiums or trust money for an insurance for departure guaranty, etc. on three or more occasions, in violation of the latter part of Article 13 (1);
6.
A foreign worker who fails to purchase an insurance policy or a trust deed, in violation of Article 15 (1);
7.
An employer who fails to file a report, or files a false report, in violation of Article 17 (1);
8.
An employer against whom limitation on employment of foreign workers have been placed pursuant to Article 20 (1) but employs a foreign worker who has been obtained a visa referred to in Article 12 (1);
9.
A person who fails to file a report, files a false report, fails to submit relevant documents, or submits false documents, in defiance to an order issued under Article 26 (1), or a person who refuses, interferes with, or evades inquiries or an investigation or inspection conducted pursuant to the same paragraph;
10.
A person who receives money or valuables, other than fees and expenses to be incurred prescribed in Article 27 (1), (2) or (3).
(2)
Fines for negligence under paragraph (1) shall be imposed and collected by the Minister of Employment and Labor, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9798, Oct. 9, 2009]

ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation: Provided, That Articles 4, 5 and 7 (1) and Article 2 of the Addenda shall enter into force on the date of its promulgation, and Article 7 (2) and (3) shall enter into force two years after the date of its promulgation.
Article 2 (Special Cases for Illegal Foreign Workers)
(1)
From among foreigners who stay in the Republic of Korea in violation of Article 17 (1) or 18 (1) of the Immigration Control Act, the following persons shall be permitted to find employment in the relevant business or place of business for up to two years to the extent that the total duration of sojourn shall not exceed five years; and the Minister of Justice shall grant him/her status of sojourn to permit him/her to work as an employee pursuant to Article 18 (1) of the Immigration Control Act:
1.
A person whose duration of sojourn in the Republic of Korea is less than three years as of March 31, 2003;
2.
A person who finds employment in any type of business specified and publicly announced by the Minister of Labor and who holds an employment certificate issued by an employment security office;
3.
A person who files a report on his/her sojourn in the Republic of Kora in accordance with the procedure prescribed by the Minister of Justice.
(2)
Subparagraph 5 of Article 94 and Article 102 of the Immigration Control Act shall not apply to the following persons, from among foreigners who stay in the Republic of Korea in violation of Article 17 (1) or 18 (1) of the Immigration Control Act, if he/she voluntarily leaves the Republic of Korea by the deadline prescribed by the Minister of Justice, and such foreigner shall be permitted to re-enter the Republic of Korea to work as an employee in the business or place of business for which he/she had worked as an employee before his/her departure on condition that the total duration of sojourn, including the duration of sojourn before his/her departure, shall not exceed five year; and the Minister of Justice shall grant him/her a status of sojourn enabling him to work as an employee pursuant to Article 18 (1) of the Immigration Control Act:
1.
A person whose duration of sojourn in the Republic of Korea is not at least three years but not exceeding four years as of March 31, 2003;
2.
A person who finds employment in any type of business specified and publicly announced by the Minister of Labor and who holds an employment certificate issued by an employment security office;
3.
A person who files a report on his/her sojourn in the Republic of Kora in accordance with the procedure prescribed by the Minister of Justice.
(3)
Articles 6 through 13, 15, 18 (1), and 23 shall not apply to any person who finds employment in the Republic of Korea in accordance with paragraph (1) or (2).
(4)
Any person who violated Article 17 (1) or 18 (1) of the Immigration Control Act and who does not fall under paragraph (1) or (2) shall voluntarily depart from the Republic of Korea by the deadline prescribed by the Minister of Justice, and subparagraph 5 of Article 94 and Article 102 of the Immigration Control Act shall not apply to any person who voluntarily departs from the Republic of Korea in such cases.
Article 3 Omitted.

ADDENDUM
This Act shall enter into force six months after the date of its promulgation.

ADDENDA

(1)
(Enforcement Date) This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 18-2 shall enter into force six months after the date of its promulgation.
(2)
(Application for Reduction of Period of Restriction on Re-Employment) The amended provisions of Article 18 (2) shall apply to any foreign worker who received the issuance of an employment permit for a foreign worker pursuant to Article 8 (3), or who was permitted to find employment in a business or a place of business pursuant to Article 2 (1) or (2) of the Addenda to the Act on the Employment, etc. of Foreign Workers (Act No. 6967), before this Act enters into force.

ADDENDUM
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Articles 5 and 12 shall enter into force on the date of its promulgation.

ADDENDA

(1)
(Enforcement Date) This Act shall enter into force two months after the date of its promulgation.
(2)
(Transitional Measures concerning Issuance of Certificates of Exceptionally Permissible Employment) Any employer who filed for an employment permit for a foreign worker, or who obtained an employment permit for a foreign worker, pursuant to the previous provisions of Article 12 (3) as at the time this Act enters into force, is deemed to have filed for the issuance of a certificate of exceptionally permissible employment or to have obtained such certificate pursuant to the amended provisions of Article 12 (4), respectively, within the extent prescribed by the policy committee.

ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.

ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Articles 2 through 6 Omitted.

ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Articles 18-2 and 25 shall enter into force two months after the date of its promulgation.
Article 2 (Applicability to Evaluation of Qualifications)
The amended provisions of Article 7 (2) shall apply to a list of foreign job-seekers prepared on or after the date this Act enters into force pursuant to the amended provisions of Article 7 (1).
Article 3 (Applicability to Special Cases for Limitation on Period of Service)
The amended provisions of Article 18-2 shall apply to an employer who files a request for a permit for re-employment of a person who is working as an employee within the period set in Article 18 (1) as at the time this Act enters into force and for whom three years have passed since he/she started working as an employee on or after the date this Act enters into force.
Article 4 (Applicability to Permits for Transfer to Another Business or Place of Business and Causes for Grace Period for Applications for Transfer)
The amended provisions of Article 25 (3) shall apply to a person in whose case the period for a permit or applying for a transfer under the former Article 25 (3) has not come to an end as at the time this Act enters into force.
Article 5 (Transitional Measures concerning Maximum Contract Period)
Where an employer who has entered into an employment contract under the former Article 9 (3) as at the time this Act enters into force intends to enter into a new employment contract or renew the employment contract under the amended provisions of Article 9 (3) on or after the date this Act enters into force, he/she may do so for a period remaining after deducting total period of employment contracts under the former Article 9 (3) from three years.
Article 6 (Transitional Measures concerning Penal Provisions and Fines for Negligence)
Any application of penal provisions to and imposition of fines for negligence on acts done before this Act enters into force shall be governed by the former provisions.

ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force one month after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.

ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force five months after the date of its promulgation.
Article 2 (Applicability to Special Cases for Limitation on Employment after Re-entry)
(1)
The amended provisions of Article 18-4 shall also apply to a foreign worker whose expiry date of period of service extended under Article 18-2 before this Act enters into force comes after this Act enters into force.
(2)
The amended provisions of Article 18-4 shall also apply to foreign workers engaging in employment activities after re-entering into the Republic of Korea pursuant to Article 18-2 of the former Act on the Employment, etc. of Foreign Workers (referring to the one before amended by the partially amended Act on the Employment, etc. of Foreign Workers (Act No. 9798)).
Article 3 (Applicability to Permits for Transfer to Another Business or Place of Business)
The amended provisions of Article 25 (1) shall apply where a reason for transfer to another business or place of business occurs after this Act enters into force.

ADDENDA
Article 1 (Enforcement Date)
(1)
This Act shall enter into force on the date of its promulgation.
(2)
Omitted.
Articles 2 through 7 Omitted.

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