EMPLOYMENT SECURITY 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>

CHAPTER Ⅱ Job Placement, Vocational Guidance, etc., by Employment Security Office

SECTION 1 General Provisions

Article 5 (Organization in Charge)

Parts of the services set forth in Article 3 shall be carried out by the head of an employment security office.
<This Article Wholly Amended by Act No. 9795, Oct. 9, 2009>

Article 6 (Securing, etc. of Expertise of Responsible Personnel)

(1) The government shall make efforts to secure the expertise of personnel in charge by, for example, training and assigning dedicated public officials, to ensure that the head of an employment security office can professionally carry out services, such as job placement, vocational guidance, etc.
(2) The Minister of Employment and Labor may nominate a vocational guidance officer to take charge of job placement, vocational guidance, etc., from among public officials under his/her jurisdiction.
(3) Matters concerning the qualifications, etc. for the vocational guidance officer referred to in paragraph (2) shall be determined by the Minister of Employment and Labor.
<This Article Wholly Amended by Act No. 9795, Oct. 9, 2009>

Article 7 (Cooperation from Head of City, Gun, etc.)

The head of a special self-governing province, city, Gun or Gu (referring to the head of a self-governing Gu;hereinafter the same shall apply) shall cooperate on any of the following services at the request of the head of an employment security office:
1. proving the identity of a job offerer or job seeker, and answering other inquiries;and
2. relaying and publicizing information on job offers and job seekers.
<This Article Wholly Amended by Act No. 9795, Oct. 9, 2009>

SECTION 2 Job Placement

Article 8 (Job-offering Application)

The head of an employment security office shall not refuse to accept an application filed by a job offerer, except in any of the following cases:
1. where the contents of such application are contrary to the provisions of Acts and subordinate statutes;
2. where the wages, working hours and other working conditions specified in such application are deemed remarkably improper compared with the normal working conditions;
3. Where the job offerer refuses to specify employment requirements;and
4. Where a job offeror is a business owner, who delayed paying wages and whose name is listed and disclosed pursuant to Article 43-2 of the Labor Standards Act, as at the time when he/she applies for workers.
<This Article Wholly Amended by Act No. 9795, Oct. 9, 2009>

Article 9 (Job-seeking Application)

(1) The head of an employment security office shall not refuse to accept an application filed by a job seeker, except in cases where the contents of such application are contrary to the provisions of Acts and subordinate statutes.
(2) At the request of a job seeker, or if it is deemed necessary and consent has been obtained from the job seeker, the head of an employment security office may provide job counselling or a job aptitude test.
<This Article Wholly Amended by Act No. 9795, Oct. 9, 2009>

Article 10 (Specification, etc. of Working Conditions)

When filing a job-offering application with the head of an employment security office, a job offerer shall specify the contents of the work for which a job seeker is to be employed, and the working conditions, and the head of an employment security office shall inform the job seeker of them.
<This Article Wholly Amended by Act No. 9795, Oct. 9, 2009>

Article 11 (Principles of Job Placement)

(1) The head of an employment security office shall make efforts to enable a job seeker to find a job suitable to his/her ability, and to enable a job offerer to find a job seeker suitable for employment requirements.
(2) The head of an employment security office shall make efforts to enable a job seekers to find a job within a commutable area if possible.
<This Article Wholly Amended by Act No. 9795, Oct. 9, 2009>

Article 12 (Job Placement across Wide Area)

If it is impossible to have a job seeker find employment suitable to his/her desire and ability in a commutable area, or to supply job seekers or the number of job seekers the job offerer wants, the head of an employment security office may provide job placement services across a wide area.
<This Article Wholly Amended by Act No. 9795, Oct. 9, 2009>

Article 13 (Intermediation for Training Institution)

If it is deemed necessary for a job seeker to receive vocational training in order to promote his/her employment, the head of an employment security office may help the job seeker to receive vocational skills development training at vocational skills development training institutions, etc. prescribed by the Workers Vocational Skills Development Act.
<This Article Wholly Amended by Act No. 9795, Oct. 9, 2009>

SECTION 3 Vocational Guidance

Article 14 (Vocational Guidance)

(1) The head of an employment security office shall provide vocational guidance for a person falling under any of the following subparagraphs:
1. a person who intends to be newly employed;
2. a person who has a mental or physical disability;and
3. Others who require special guidance to be employed
(2) Necessary matters concerning the method, procedure, etc. of the vocational guidance under paragraph (1) shall be determined by the Minister of Employment and Labor.
<This Article Wholly Amended by Act No. 9795, Oct. 9, 2009>

Article 15 (Cooperation of Head of Employment Security Office and Head of School, etc.)

The head of an employment security office, if it is deemed necessary, shall cooperate in any free job placement services provided by the head of a school at every level under the Elementary and Secondary Education Act and the Higher Education Act, and by the head of a public vocational training facility under the Workers Vocational Skills Development Act and at their requests, may provide vocational guidance to students or vocational trainees.
<This Article Wholly Amended by Act No. 9795, Oct. 9, 2009>

SECTION 4 Provision of Employment Information

Article 16 (Collection, Provision, etc. of Employment Information)

(1) The head of each employment security office shall collect and arrange various employment information in the area under his/her jurisdiction on a frequent or regular basis and actively provide such information to job offerors, job seekers, and other persons who require such employment information.
(2) If the head of an employment security office judges as a result of analyzing the employment information collected that there is a sudden change in the demand and supply of labor in the area under his/her jurisdiction, or any remarkable imbalance has taken place, he/she shall establish and implement proper measures.
<This Article Wholly Amended by Act No. 9795, Oct. 9, 2009>

Article 17 (Discovery of Job Offerers and Job Seekers)

The head of an employment security office shall make efforts to find job offerers and job seekers for the purpose of expanding employment opportunities for job seekers, and helping to supply workforces that are in short supply for industries.
<This Article Wholly Amended by Act No. 9795, Oct. 9, 2009>

CHAPTER Ⅲ Job Placement Service, Job Information Service, Recruitment of Workers, Labor Supply Service, etc., by Those Other Than Heads of Employment Security Offices

SECTION 1 Job Placement Service andJob Information Service

Article 18 (Free Job Placement Service)

(1) Free job placement services are divided into domestic and overseas free job placement services on the basis of the place where a worker to be placed desires to find employment. A person who intends to provide domestic free job placement services shall report to the head of the special self-governing province, city, Gun or Gu which has jurisdiction over the area where the main office is located, and a person who intends to provide overseas free job placement services shall report to the Minister of Employment and Labor. The same shall apply where the person intends to alter the matters reported.
(2) A person who intends to provide free job placement services pursuant to paragraph (1) shall be either a non-profit corporation or a public organization prescribed by the Presidential Decree.
(3) The matters to be reported, reporting procedures and other necessary matters concerning the reporting referred to in paragraph (1) shall be prescribed by the Presidential Decree
(4) Notwithstanding the provision of paragraph (1), free job placement services may be provided without reporting if they fall under any of the following subparagraphs:
1. job placement services provided by the HRD Service of Korea under the HRD Service of Korea Act;
2. job placement services for the disabled, provided by the Korea Employment Promotion Agency for the Disabled under the Act on Employment Promotion and Vocational Rehabilitation of Disabled Persons;
3. job placement services for students, graduates, trainees or those who have completed training, provided by the head of a school at every level under Education-related Acts, or by the head of a public vocational training facility under the Workers Vocational Skills Development Act;and
4. job placement services for victims of occupational accidents, provided by the Korea Workers Compensation and Welfare Service under the Industrial Accident Compensation Insurance Act.
(5) Any person who conducts, or those who are engaged, in free job placement services under paragraphs (1) and (4) shall not provide a job offeror with job placement services in case where the job offerer is a business owner, who delayed paying wages and whose name is listed and disclosed under Article 43-2 of the Labor Standards Act, as at the time when he/she applies for workers.
<This Article Wholly Amended by Act No. 9795, Oct. 9, 2009>

Article 19 (Fee-Charging Job Placement Service)

(1) Fee-charging job placement services are divided into domestic and overseas fee-charging job placement services on the basis of the place where a worker to be placed desires to find employment. A person who intends to provide domestic fee-charging job placement services shall report to the head of the special self-governing province, city, Gun or Gu which has jurisdiction over the area where the main office is located, and a person who intends to provide overseas fee-charging job placement services shall report to the Minister of Employment and Labor. The same shall apply where the person intends to alter the matters reported.
(2) No person who intends to provide fee-charging job placement services after registration under paragraph (1) shall have two offices or more:Provided that this shall not apply if not less than one person prescribed by the Presidential Decree, such as one acknowledged as having experience, qualifications or knowledge, etc., in job placement or job counseling, is employed for each office.
(3) No person who provides fee-charging job placement services after registration under paragraph (1) shall receive any money and valuables except the fees determined and announced by the Minister of Employment and Labor:Provided that if the person introduces the high-level, professional workforces prescribed by the Ordinance of the Ministry of Employment and Labor, he/she may receive the fees determined by the parties concerned from the job offerer.
(4) If the Minister of Employment and Labor intends to determine the fees referred to in paragraph (3), he/she shall go through deliberation thereon by the Employment Policy Council (hereinafter referred to as the “Employment Policy Council”) under the Framework Act on Employment Policy.
(5) Personnel and physical requirements that are standards for the registration of fee-charging job placement services under paragraph (1) and other matters concerning fee-charging job placement services shall be prescribed by the Presidential Decree.
(6) A person who provides fee-charging job placement services after registration under paragraph (1) and a person who is engaged therein shall observe such matters as prescribed by the Presidential Decree.
1. Where a job offeror is a business owner, who delayed paying wages and whose name is listed and disclosed pursuant to Article 43-2 of the Labor Standards Act, as at the time he/she applies for workers, such fact shall be notified to a job seeker;
2. Where a business of a job offeror requires approval of a competent administrative agency or report or registration thereto, the actual approval, report, or registration of such business shall be checked;
3. Other matters prescribed by Presidential Decree.
<This Article Wholly Amended by Act No. 9795, Oct. 9, 2009>

Article 20 Deleted.

Article 21 (Prohibition of Lending, etc. of Title)

No person who has registered fee-charging job placement services under Article 19 (1) shall have another person provide job placement services using his/her name or trade name, or lend the registration certificate.
<This Article Wholly Amended by Act No. 9795, Oct. 9, 2009>

Article 21-2 (Prohibition of Receipt of Advance Payments)

A person who provides fee-charging services after registration under Article 19 (1) and a person who is engaged therein shall not receive advance payments from a job offerer for offering such services to a job seeker.
<This Article Wholly Amended by Act No. 9795, Oct. 9, 2009>

Article 21-3 (Restriction on Job Placement Services for Minors)

(1) A person who provides free or fee-charging job placement services under Articles 18 and 19 and a person who is engaged therein (hereinafter referred to as “job placement service providers, etc.” in this Article) shall check the age of a job seeker, and in the case of placing those under the age of 18 into a job, shall obtain consent for employment from the person with parental authority or guardian.
(2) Job placement service providers, etc. shall not introduce job-seekers under the age of 18 to the businesses prohibited from employing those under the age of 18 pursuant to Article 63 of the Labor Standards Act.
(3) Job placement service providers, etc. shall not introduce job-seekers who are the juveniles referred to in subparagraph 1 of Article 2 of the Juvenile Protection Act to the entertainment establishments harmful to juveniles under subparagraph 5 of the same Article.
<This Article Wholly Amended by Act No. 9795, Oct. 9, 2009>

Article 22 (Those, etc. Engaged in Fee-Charging Job Placement Service)

(1) A person who provides fee-charging job placement services after registration under Article 19 (1) shall not employ those who fall under subparagraph 1, 2, 4 or 6 of Article 38.
(2) A person who provides fee-charging job placement services after registration under Article 19 (1) shall employ not less than one job counsellor who has the qualifications prescribed by the Ordinance of the Ministry of Employment and Labor, for each of its offices:Provided that if a family member living with the person who provides fee-charging job placement services is qualified as the job counselor described above and works full-time for a particular office, the office concerned shall be considered to employ a job counselor, and if a person who provides fee-charging job placement services is qualified as the job counselor, and works full-time for a particular office, the office concerned may be allowed not to employ another job counselor.
(3) Those engaged in fee-charging job placement services, except the job counsellors referred to in paragraph (2), shall not take charge of job placement services.
<This Article Wholly Amended by Act No. 9795, Oct. 9, 2009>

Article 23 (Report on Job Information Services)

(1) A person who intends to provide job information services (excluding those who provide free job placement services under Article 18 or fee-charging job placement services under 19) shall report to the Minister of Employment and Labor. The same shall apply in the case of altering the matters reported.
(2) The matters to be reported, reporting procedures and other necessary matters concerning the reporting under paragraph (1) shall be prescribed by the Presidential Decree.
<This Article Wholly Amended by Act No. 9795, Oct. 9, 2009>

Article 24 Deleted.

Article 25 (Matters to be Observed by Job Information Service Providers)

Free job placement service providers under Article 18 or fee-charging job placement service providers under Article 19 who provide job information services and job information services under Article 23 shall observe such matters as prescribed by the Presidential Decree.
1. Where a job offeror is a business owner, who delayed paying wages and whose name is listed and disclosed pursuant to Article 43-2 of the Labor Standards Act, as at the time he/she applies for workers, such fact shall be notified so that a job seeker can be informed thereof;
2. Information on job placement which fails to meet the minimum wage determined and publicly notified pursuant to Article 10 of the Minimum Wage Act shall not be provided;
3. Other matters prescribed by Presidential Decree.
<This Article Wholly Amended by Act No. 9795, Oct. 9, 2009>

Article 26 (Prohibition of Concurrent Engagement)

Any person who owns any of the businesses listed in the following subparagraphs cannot be involved in job placement services or become an executive member of a job placement business run by a juristic person:
1. Marriage brokerage business as prescribed in Article 2 subparagraph (2) of the Marriage Brokers Business Management Act;
2. Lodging business as prescribed in Article 2 paragraph (1) subparagraph 2 of the Public Health Control Act;
3. Food service business determined by Presidential Decree as prescribed in Article 36 paragraph (1) subparagraph (3) of the Food Sanitation Act.

Article 27 (Mutatis Mutandis Application)

The provisions of Articles 8 through 12 shall apply mutatis mutandis to free job placement services under Article 18 or fee-charging job placement services under Article 19.
<This Article Wholly Amended by Act No. 9795, Oct. 9, 2009>

SECTION 2 Recruitment of Workers

Article 28 (Recruitment of Workers)

A person who intends to employ workers may recruit them freely using various media, such as advertisements, written notices or digital information networks, etc.
<This Article Wholly Amended by Act No. 9795, Oct. 9, 2009>

Article 29 Deleted.

Article 30 (Recruitment of Overseas Workers)

(1) A person who has recruited workers to be employed overseas shall report the fact to the Minister of Employment and Labor.
(2) Necessary matters concerning the reporting under paragraph (1) shall be prescribed by the Presidential Decree.
<This Article Wholly Amended by Act No. 9795, Oct. 9, 2009>

Article 31 (Recommendation on Improvement of Recruitment Method, etc.)

(1) If it is deemed necessary for establishing order in recruitment, the Minister of Employment and Labor may recommend improving the method of recruiting workers and so on under Article 28 or 30.
(2) If the Minister of Employment and Labor intends to make a recommendation pursuant to paragraph (1), he/she shall go through deliberation thereon by the Employment Policy Council.
(3) Necessary matters concerning the recommendation as referred to in paragraph (1) shall be prescribed by the Presidential Decree.
<This Article Wholly Amended by Act No. 9795, Oct. 9, 2009>

Article 32 (Prohibition of Receipt of Money and Valuables, etc.)

A person who intends to recruit workers, and a person who is engaged in recruitment services shall not take money, valuables or other profits, under whatever name, from applicants in relation to such recruitment:Provided that this shall not apply where at the request of a job offerer, a person who provides fee-charging job placement services under Article 19 recruits a person who meets the requirements presented by the job offerer and places him/her in a job.
<This Article Wholly Amended by Act No. 9795, Oct. 9, 2009>

SECTION 3 Labor Supply Service

Article 33 (Labor Supply Service)

(1) No person shall provide labor supply services without obtaining permission from the Minister of Employment and Labor.
(2) The valid period of permission for labor supply services shall be three years, and those who intend to continue to provide labor supply services after the end of the valid period shall obtain permission for extension under the conditions prescribed by the Ordinance of the Ministry of Employment and Labor. In this case, the valid period of permission for extension shall be three years from the day when the valid period of the previous permission ends.
(3) Labor supply services are divided into domestic and overseas labor supply services on the basis of the place where a worker to be supplied intends to find employment. The scope of those eligible to obtain permission for these respective services is described in the following subparagraphs:
1. for domestic labor supply services, labor unions under the labor union and Labor Relations Adjustment Act;and
2. for overseas labor supply services, those engaged in the manufacturing, construction, personal service and other service industries:Provided that those eligible to obtain permission for overseas labor supply services for entertainers shall be non-profit corporations under Article 32 of the Civil Act.
(4) If the Minister of Employment and Labor gives permission for labor supply services under paragraph (3), he/she shall take into comprehensive consideration the scope of work performed by the labor union, labor supply and demand situation for the region and occupation concerned, stability in employment relations, etc., in the case of domestic labor supply services, and labor supply and demand situation for the occupation concerned, stability in employment relations, order in employment of workers, etc., in the case of overseas labor supply services.
(5) A person falling under paragraph (3) 2, who intends to provide overseas labor supply services shall have the assets and facilities prescribed by the Presidential Decree.
(6) The criteria for permission for labor supply services, application for permission, protection of workers supplied through overseas labor supply services, management of overseas labor supply services, screening and selection of entertainers supplied through overseas labor supply services and other necessary matters concerning the procedure for permission for labor supply services shall be prescribed by the Ordinance of the Ministry of Employment and Labor.
<This Article Wholly Amended by Act No. 9795, Oct. 9, 2009>

CHAPTER Ⅳ Supplementary Provisions

Article 34 (Prohibition of False Job Advertisements, etc.)

(1) No person who provides or is engaged in job placement services, recruitment of workers or labor supply services under Article 18, 19, 28, 30, or 33 shall put out false job advertisements, or present false employment requirements.
(2) Necessary matters concerning the scope of false job advertisements referred to in paragraph (1) shall be prescribed by the Presidential Decree.
<This Article Wholly Amended by Act No. 9795, Oct. 9, 2009>

Article 34-2 (Guarantee of Liability for Damages)

(1) If a person who provides fee-charging job placement services after registration under Article 19 (1), or a person who provides overseas labor supply services after obtaining permission pursuant to Article 33 (1) (hereinafter referred to as “fee-charging job placement service providers, etc.”) causes damage, willfully or mistakenly, to a worker or a person to whom a worker is introduced and supplied, while providing job placement and labor supply services, he/she shall be liable to pay for the damage.
(2) In order to guarantee liability for damage under paragraph (1), fee-charging job placement service providers, etc., shall take out guarantee insurance or the mutual-aid scheme under paragraph (3) or put deposits into a financial institution.
(3) In order to guarantee liability for damage under paragraph (1), the association of service providers referred to in Article 45-2 may operate a mutual-aid scheme under the conditions determined by the Minister of Employment and Labor.
(4) If the association of service providers referred to in Article 45-2 intends to operate a mutual-aid scheme under paragraph (3), it shall establish mutual-aid regulations and obtain approval therefor from the Minister of Employment and Labor. The same shall apply in the case of altering the mutual-aid regulations.
(5) The mutual-aid regulations referred to in paragraph (3) shall contain the following matters:
1. the scope of the mutual-aid scheme;
2. the contents of mutual-aid contracts;
3. the amount of mutual-aid benefits;
4. the amount of contributions;
5. reserve to cover mutual-aid benefits;and
6. other matters necessary for the operation of the mutual-aid scheme
<This Article Wholly Amended by Act No. 9795, Oct. 9, 2009>
Article 35 (Report on Discontinuation of Permitted, Registered or Reported Services)
If a person who has provided services after making a report or registration or obtaining permission under Article 18, 19, 23, or 33 discontinues the services, he/she shall report the fact to the Minister of Employment and Labor or the head of the special self-governing province, city, Gun or Gu within seven days from the date of discontinuation.
<This Article Wholly Amended by Act No. 9795, Oct. 9, 2009>

Article 36 (Cancellation, etc. of Registration, Permission, etc.)

(1) If a person who provides services after making a report or registration or obtaining permission under Article 18, 19, 23 or 33 risks harming the public interest, and falls under any of the following subparagraphs, the Minister of Employment and Labor or the head of the special self-governing province, city, Gun or Gu may suspend his/her services for a fixed period of up to six months or cancel the registration or permission:Provided that in the case of subparagraph 2, the registration or permission shall be cancelled:
1. where the person has made a report or registration or obtained permission in a false or other fraudulent ways;
2. where the person falls under any of the subparagraphs of Article 38;or
3. where the person violates this Act or an order issued under this Act.
(2) If the Minister of Employment and Labor or the head of a special self-governing province, city, Gun or Gu has to cancel a registration or permission for the reason described in subparagraph 7 of Article 38, he/she shall give at least one-month period to appoint a replacement for the officer concerned.
(3) The criteria for the suspension or cancellation as referred to in paragraph (1) 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 36-2 (Succession, etc. of Status of Service Provider)

(1) If a person who reported the discontinuation of services pursuant to Article 35 (including discontinuing services without making a report;hereinafter the same shall apply) has made a report or registration or obtained permission under Article 18, 19, 23 or 33 (hereinafter referred to as “made a report again, etc.” in this Article), the service provider who has made a report again, etc., shall inherit the same status the service provider held before reporting the discontinuation of services.
(2) In the case of paragraph (1), the Minister of Employment and Labor or the head of a special self-governing province, city, Gun or Gu may take an administrative action against a service provider who has made a report again, etc., for his/her offense committed before the discontinuation was reported:Provided that this shall not apply in any of the following cases:
1. where the offense meets the standards for the suspension of services, and the period between the date of reporting the discontinuation to the date of making a report again, etc., exceeds one years;and
2. where the offense meets the standards for the cancelation of registration and permission, and the period between the date of reporting the discontinuation to the date of making a report again, etc., exceeds five years
(3) If the Minister of Employment and Labor or the head of a special self-governing province, city, Gun or Gu takes an administrative action pursuant to paragraph (2), he/she shall take into consideration the period of discontinuation, reasons for discontinuation, whether the offense which is the cause of such administration action continues to exist, etc.
<This Article Wholly Amended by Act No. 9795, Oct. 9, 2009>

Article 36-3 (Hearings)

If the Minister of Employment and Labor or the head of a special self-governing province, city, Gun or Gu intends to cancel registration or permission under Article 36, he/she shall hold a hearing.
<This Article Wholly Amended by Act No. 9795, Oct. 9, 2009>

Article 37 (Measure of Closure)

(1) If a person provides services without making a report or registration, or obtaining permission under Article 18, 19. 23 or 33, or continues to provide services after receiving an order of suspension or cancellation under Article 36 (1), the Minister of Employment and Labor or the head of the special self-governing province, city, Gun or Gu may have a relevant public official take any of the following measures:
1. removal and deletion of the signboards or other business marks of the workplace or office concerned;
2. posting of a notice informing people of the illegality of the services concerned;and
3. sealing off of any equipment or facilities indispensable for the operation of the services concerned
(2) A public official who takes measures pursuant to paragraph (1) shall carry identification indicating his/her authority and show it to the persons concerned.
<This Article Wholly Amended by Act No. 9795, Oct. 9, 2009>

Article 38 (Disqualification)

A person who falls under any of the following subparagraphs shall be disqualified for reporting or registering job placement services or obtaining permission for labor supply services:
1. a minor, incompetent person under the adult guardianship, or quasi-incompetent person under the limited guardianship;
2. a person who was declared bankrupt and has not yet been reinstated;
3. a person in whose case two years have not passed since the date when his/her sentence of imprisonment without labor or heavier punishment was completely executed or exempted from being executed;
4. a person who violates the Act on the Punishment of Acts of Arranging Sexual Traffic, the Act on the Regulation over Amusement Business Affecting Public Morals or the Juvenile Protection Act, or violates the Seaman Act in connection with job placement services, and falls under any of the following items:
A. a person in whose case three years have not passed since the date when his/her sentence of imprisonment without labor or heavier punishment was completely executed or exempted from being executed;
B. a person in whose case three years have not passed since the date when the period of suspension of his/her sentence of imprisonment without labor or heavier punishment ended;and
C. a person in whose case two years have not passed since he/she was finally sentenced to a fine
5. a person who is under the suspension of sentence of imprisonment without labor or heavier punishment;
6. a person for whom five years have not passed since the registration of, or permission for, his/her services was cancelled pursuant to Article 36;and
7. a corporation any of whose officers falls under any of subparagraphs 1 through 6.
<This Article Wholly Amended by Act No. 9795, Oct. 9, 2009>

Article 39 (Preparation and Keeping of Books, etc.)

A person who has been registered under Article 19 or obtained permission under Article 33 shall prepare and keep books, ledgers and other necessary documents under the conditions as prescribed by the Ordinance of the Ministry of Employment and Labor. In this case, the books and ledgers may be prepared and managed electronically.
<This Article Wholly Amended by Act No. 9795, Oct. 9, 2009>

Article 40 Deleted.

Article 40-2 (Education and Training for Job Placement Service Provider, etc.)

(1) The Minister of Employment and Labor or the head of a special self-governing province, city, Gun or Gu shall provide education and training in order to improve the professional knowledge and work ethic a person who provides job placement services and a person who is engaged therein need when they provide job placement services, job counseling, etc.
(2) The contents and method of the education and training under paragraph (1) 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 41 (Report and Investigation)

(1) The Minister of Employment or the head of a special self-governing province, city, Gun or Gu, if it is deemed necessary, may have a person who provides services after making a report or registration or obtaining permission under Articles 18, 19, 23 or 33 submit the materials, or report the matters, required for implementing this Act.
(2) The Minister of Employment and Labor or the head of a special self-governing province, city, Gun or Gu, if it is necessary for the confirmation, etc. of violations of this Act, may have his/her public official enter workplaces and other facilities to which this Act applies, investigate documents, books or other articles, and question the persons concerned.
(3) If the Minister of Employment and Labor or the head of a special self-governing province, city, Gun or Gu intends to conduct an investigation under paragraph (2), he/she shall notify in advance the investigated person of an investigation plan, including investigation date, reason, contents, etc.:Provided that this shall not apply where the investigation is urgently needed, or it is deemed that an advance notification may lead to the destruction of evidence, etc., making it impossible to attain the objectives of the investigation.
(4) A public official who enters workplaces and conducts investigation under paragraph (2) shall carry identification indicating his/her authority, and show it to the persons concerned.
(5) The Minister of Employment and Labor, if it is deemed necessary for the attainment of the purpose of this Act, may provide guidance and inspection, jointly with the head of a relevant administrative agency, such as the head of a special self-governing province, city, Gun or Gu, etc., for those who provide services after making a report or registration or obtaining permission under Article 18, 19, 23 or 33.
<This Article Wholly Amended by Act No. 9795, Oct. 9, 2009>

Article 41-2 (Request for Cooperation on Data)

The Minister of Employment and Labor or the head of a special self-governing province, city, Gun or Gu, if it is deemed necessary, may request cooperation from the head of a relevant administrative agency on data required for the enforcement of this Act.
<This Article Wholly Amended by Act No. 9795, Oct. 9, 2009>

Article 42 (Obligation of Confidentiality)

No person who was or is involved in job placement services, job information services, recruitment of workers or labor supply services shall divulge any confidential information acquired in the course of his/her service.
<This Article Wholly Amended by Act No. 9795, Oct. 9, 2009>

Article 43 (Fees)

A person who intends to register fee-charging job placement services under Article 19 shall pay fees under the conditions as prescribed by the Ordinance of the Ministry of Employment and Labor. The same shall apply in the case of altering the registered matters.
<This Article Wholly Amended by Act No. 9795, Oct. 9, 2009>

Article 44 (Delegation of Authority)

The authority of the Minister of Employment and Labor, referred to in this Act, may be delegated partially to the head of an employment security office or the head of a special self-governing province, city, Gun or Gu under the conditions as prescribed by the Presidential Decree.
<This Article Wholly Amended by Act No. 9795, Oct. 9, 2009>

Article 45 (State Subsidy)

The Minister of Employment and Labor may subsidize all or part of the costs of the free job placement services referred to in Article 18.
<This Article Wholly Amended by Act No. 9795, Oct. 9, 2009>

Article 45-2 (Establishment, etc. of Association of Service Providers)

(1) Those who provide services after making a report or registration or obtaining permission under Article 18, 19, 23 or 33 may establish an association of service providers for the sound development, etc. of job placement services, job information services, or labor supply services under the conditions prescribed by the Presidential Decree.
(2) The association of service providers referred to in paragraph (1) shall be a corporation.
(3) Except as otherwise specially prescribed in this Act, the provisions concerning incorporated associations in the Civil Act shall apply mutatis mutandis to the association of service providers referred to in paragraph (1).
<This Article Wholly Amended by Act No. 9795, Oct. 9, 2009>

Article 45-3 (Rewards)

(1) The Minister of Employment and Labor or the head of a special self-governing province, city, Gun or Gu may give a reward within the limits of budget to a person who reports, or informs an investigation agency of, a person who violates Article 34 or falls under subparagraph 1 and 2 of Article 46 (1).
(2) Other necessary matters concerning the provision of rewards under paragraph (1) shall be prescribed by the Ordinance of the Ministry of Employment and Labor.
<This Article Wholly Amended by Act No. 9795, Oct. 9, 2009>

CHAPTER Ⅴ Penal Provisions

Article 46 (Penal Provisions)

(1) A person who falls under any of the following subparagraphs shall be punished by imprisonment for not more than seven years, or a fine not exceeding seventy million won:
1. A person who provides job placement, recruits workers or supplies workers by means of violence, threat, detention, or unlawful restraint upon mental or physical freedom;and
2. A person who provides job placement services, recruits workers or supplies workers to have them employed in a business where sex trafficking and other obscene acts referred to in Article 2 (1) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic are carried out.
(2) Any attempt to commit the offense referred to in paragraph (2) shall be punished.
<This Article Wholly Amended by Act No. 9795, Oct. 9, 2009>

Article 47 (Penal Provisions)

A person who falls under any of the following subparagraphs shall be punished by imprisonment for not more than five years, or a fine not exceeding fifty million won:
1. A person who provides fee-charging job placement services or labor supply services without being registered under Article 19 (1) or obtaining permission under Article 33 (1);
2. A person who has made a registration under Article 19 (1) or obtained permission under Article 33 (1) in a false or other fraudulent ways;
3. A person who lends his/her name, etc., in violation of Article 21 and the other party;
4. A person who violates paragraph (2) and (3) of Article 21-3;
5. A person who gains any money, valuables or other profits in contravention of Article 32;and
6. A person who puts out false job advertisements, or presents false employment requirements in contravention of Article 34.
<This Article Wholly Amended by Act No. 9795, Oct. 9, 2009>

Article 48 (Penal Provisions)

A person who falls under any of the following subparagraphs shall be punished by imprisonment for not more than one year, or a fine not exceeding ten million won:
1. A person who provides free job placement services or job information services without making a report under Article 18 (1) or Article 23 (1);
2. A person who makes a report under Article 18 (1) or Article 23 (1) in a false or other fraudulent ways;
3. A person who provides services during the suspension period referred to in Article 36;and
4. A person who divulges confidential information in contravention of Article 42.
<This Article Wholly Amended by Act No. 9795, Oct. 9, 2009>

Article 48-2 Deleted.

Article 49 (Joint Penal Provisions)

If a representative of a corporation, or an agent, a servant or any other employee of a corporation or an individual commits the offense prescribed in any of Articles 46 through 48 in connection with the business of the corporation or individual, the fine prescribed in respective Article shall be imposed on such corporation or individual in addition to the punishment of the offender:Provided that this shall not apply unless the corporation or individual neglects to give considerable attention and supervision to the business concerned in order to prevent such offence.
<This Article Wholly Amended by Act No. 9795, Oct. 9, 2009>

Article 50 (Fines for Negligence)

(1) A person who falls under any of the following subparagraphs shall be punished by a fine for negligence not exceeding ten million won:
1. A person who has received any money or valuables other than the fees announced by the Minister of Employment and Labor in violation of Article 19 (3);
2. A person who has received advance payments in violation of Article 21-2;
3. A person who when placing a job seeker under the age of 18, fails to obtain written consent for employment from the person with parental authority or guardian in violation of Article 21-3 (1);and
4. A person who takes charge of providing job placement services in violation of Article 22 (3)
(2) A person who falls under any of the following subparagraphs shall be punished by a fine for negligence not exceeding one million won:
1. A person who fails to report the recruitment of workers for overseas employment or fails to report the discontinuation of his/her permitted, registered or reported services in contravention of Article 30 (1) or Article 35;
2. A person who fails to prepare or keep books and other documents in contravention of Article 39;
3. A person who fails to make a report under Article 41 (1), or makes a false report;and
4. A person who refuses, interferes with, or evades the entry and investigation of a relevant public official referred to in Article 41 (2).
(3) The fine for negligence as referred to in paragraph (1) and (2) shall be imposed and collected by the Minister of Employment and Labor or the head of a special self-governing province, city, Gun or Gu under the conditions as prescribed by the Presidential Decree.
<This Article Wholly Amended by Act No. 9795, Oct. 9, 2009>

Addenda

Article 1 (Enforcement Date)

This Act shall enter into force one year after its promulgation.

Articles 2 and 3 Omitted.

Article 4 (Revision of Other Acts)

(1) through (13) Omitted.
(14) Part of the Employment Security Act shall be revised as follows:
“The Juvenile Protection Act” in Article 21-3 (3) shall be amended as “the Juvenile Protection Act.”
“The Juvenile Protection Act” in Article 38-4 shall be amended as “the Juvenile Protection Act.”
(15) through (17) Omitted.

Article 5 Omitted.

Addenda

This Act shall enter into effect on the date of promulgation.

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

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