EMPLOYMENT SECURITY ACT [See entire ACT]

CHAPTER Ⅰ General Provisions

Article 1 (Purpose)

The purpose of this Act is to strive for the employment security of every worker, and to contribute to the balanced development of the national economy, by giving him an opportunity to find employment in which he may develop and display his own ability, and facilitating a supply and demand of the workforces required for each industry through cooperation between the government and the private sector.
<This Article Wholly Amended by Act No. 9795, Oct. 9, 2009>

Article 2 (Equal Treatment)

No person shall be treated discriminately in receiving job placement services or vocational guidance, or making a decision on employment relations, on the grounds of sex, age, religion, physical conditions, social status, marriage, etc.
<This Article Wholly Amended by Act No. 9795, Oct. 9, 2009>

Article 2-2 (Definition)

For the purpose of this Act:
1. the term “employment security office” means a local administrative agency for employment and labor, which carries out employment security services, such as job placement, vocational guidance, etc.;
2. the term “job placement” means helping to making an employment contract between job seeker and job offerer by searching for job seekers or job offerers upon receipt of job-offering and job-seeking applications or recruiting job seekers.
3. the term “vocational guidance” means providing a vocational aptitude test, job information, job counselling, practical training, suggestions, advice, or other job-related guidance so that a person who intends to find employment can easily choose a job suitable for his/her ability and aptitude;
4. the term “free job placement service” means a job placement service provided without receiving any fees, membership dues, or any money or valuables;
5. the term “fee-charging job placement service” means a job placement service other than the free job placement service;
6. the term “recruitment” means that a person who intends to employ workers invites a person who intends to find employment to be his/her employee, or has another person do so;and
7. the term “labor supply service” means a service of having another person use a worker under a supply contract:Provided that this shall exclude worker dispatch services under subparagraph 2 of Article 2 of the Act on Protection, etc. of Dispatched Workers.
8. the term “job information service” means a service of providing job information, such as on job offerers and job seekers, in newspapers, magazines or other publications, or through wired or wireless broadcasting networks, computer communication networks, etc.
9. the term “employment services” means services provided to support employment, such as providing employment information, job placement, vocational guidance, vocational skills development, etc.
<This Article Wholly Amended by Act No. 9795, Oct. 9, 2009>

Article 3 (Duties of Government)

(1) In order to attain the purpose of this Act, the government shall perform the following duties:
1. the duty of properly adjusting the demand and supply of workforce;
2. the duty of introducing domestic and overseas jobs to job offerers and job seekers;
3. the duty of providing vocational guidance for job seekers;
4. the duty of collecting, compiling or providing employment information;
5. the duty of supporting the vocational training and reemployment of job seekers;
6. the duty of providing guidance about, or inspecting, job placement services, job information services, the recruitment of workers or labor supply services;
7. the duty of promoting the employment of those particularly difficult in finding employment in the labor market;and
8. the duty of forming a linkage, and cooperating, with employment security offices, local governments and private employment service agencies, and of fostering the employment service market
(2) The government may conduct services relating to the duties referred to in subparagraphs 2 through 5 and subparagraph 7 of paragraph (1), jointly with or by entrusting them to, a person falling under any of the following subparagraphs;
1. A person who provides free job placement services pursuant to Article 18;
2. A person who provides fee-charging job placement services pursuant to Article 19;
3. A person who provides job information services pursuant to Article 23;and
4. Other professional institutions prescribed by the Presidential Decree, which are related to the duties referred to in subparagraphs 2 through 5 and subparagraph 7 of paragraph (1).
(3) The expenses needed to conduct the services referred to in paragraph (2) may be financed from the general account or Employment Insurance Fund under the Employment Insurance Act according to the support targets and methods prescribed by the Presidential Decree.
<This Article Wholly Amended by Act No. 9795, Oct. 9, 2009>

Article 4 (The previous provision of Article 4 is moved to Article 2-2;Oct. 9, 2009)

Article 4-2 (Domestic Job Placement Service, etc., by Local Governments)

(1) The head of a local government may, if necessary, provide domestic job placement services, vocational guidance, and job information services for job offerers and job seekers.
(2) The head of a local government may hire professional workers needed to conduct the services under paragraph (1).
(3) The Minister of Employment and Labor, if it deemed necessary for smooth performance of the duties referred to in Article 3, jointly with the head of a local government, may provide domestic job placement services, vocational guidance, and job information services for job offerers and job seekers.
(4) The provisions of Chapter II (excluding Articles 5 and 7) shall apply mutatis mutandis if the head of a local government provides domestic job placement services, etc., for job offerers and job seekers under paragraph (1).
<This Article Wholly Amended by Act No. 9795, Oct. 9, 2009>

Article 4-3 Deleted.

Article 4-4 (Private Job Counsellor)

(1) The Minister of Employment and Labor may assign a private job counsellor (hereinafter referred to as “private job counsellor”), other than public officials, to an employment security office to be in charge of providing job placement services, vocational guidance, employment information, etc.
(2) The standards for the assignment of private job counsellors and other necessary matters shall be prescribed by the Ordinance of the Ministry of Employment and Labor.
<This Article Wholly Amended by Act No. 9795, Oct. 9, 2009>

Article 4-5 (Certification of Outstanding Employment Service Agency)

(1) The Minister of Employment and Labor may certify as an outstanding employment service agency an agency that falls under any subparagraph of Article 3 (2), and with equipment and facilities to which job offerers and job seekers are conveniently accessible, contributes to the improvement of employment services for job offerers and job seekers by providing job placement services, employment information, etc.
(2) The Minister of Employment and Labor may entrust the work of certifying an outstanding employment service agency under paragraph (1) to the professional institution prescribed by the Presidential Decree.
(3) The Minister of Employment and Labor may provide necessary support for an agency certified as an outstanding employment service agency under paragraph (1) by, for example, giving the agency priority in participating in the services that may be conducted jointly or entrusted pursuant to Article 3 (2).
(4) If a person certified as an outstanding employment service agency under paragraph (1) falls under any of the following subparagraphs, the Minister of Employment and Labor may cancel that certification:
1. where he/she has been certified in a false or other fraudulent ways;
2. where there have been no business results for a year or more without a justifiable reason;
3. where he/she no longer meets the certification criteria under paragraph (7);and
4. where a person certified as an outstanding employment service agency has discontinued business
(5) The certification of an outstanding employment service agency shall be valid for three years from the date of certification.
(6) If a person certified as an outstanding employment service agency is to be certified again before the end of the valid period referred to in paragraph (5), he/she shall apply for recertification to the Minister of Employment and Labor under the conditions prescribed by the Presidential Decree.
(7) Necessary matters concerning the criteria for the certification of an outstanding employment service agency, certification methods, and recertification shall be prescribed by the Ordinance of the Ministry of Employment and Labor.
<This Article Wholly Amended by Act No. 9795, Oct. 9, 2009>

For further questions, please
call (+82) 2-539-0098 or email bongsoo@k-labor.com

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