ACT ON FOREIGN WORKERS' EMPLOYMENT, ETC. [See entire ACT]

CHAPTER Ⅰ General Provisions

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]

Enforcement Ordinance

Article 1 (Purpose)

The purpose of this Decree is to provide for the matters delegated by the Act on the Employment, etc. of Foreign Workers and other matters necessary for the enforcement thereof.

[This Article Wholly Amended by Presidential Decree No. 22114, Apr. 7, 2010]

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 Act shall be excluded herefrom.

[This Article Wholly Amended by Act No. 9798, Oct. 9, 2009]

Enforcement Ordinance

Article 2 (Foreign Workers Excluded from Application)

“Persons prescribed by Presidential Decree” in the proviso to Article 2 of the Act on the Employment, etc. of Foreign Workers (hereinafter referred to as the “Act”) means each of the following persons:

1. A person who falls under any of: Sojourn status 5. Short-term employment (C-4) under attached Table 1 of the Enforcement Decree of the Immigration Act, and 14. Professor (E-1) through 20. Specific activities (E-7) and 20-2. Seasonal work (E-8) under attached Table 1-2 of that Decree in the status of sojourn eligible for employment under Article 23 (1) of the Decree;

2. A person who is not subject to the limitation on activities based on the classification of sojourn status under Article 10-3 (1) of the Immigration Act and Article 23(2) and (3) of the Enforcement Decree of that Act ;

3. A person who falls under sojourn status 28. Employment in tourism (H-1) referred to in attached Table 1-2 of the Enforcement Decree of the Immigration Act under Article 23 (5) of that Decree and engages in job-seeking activities.

[This Article Wholly Amended by Presidential Decree No. 22114, Apr. 7, 2010]

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 in 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 Act.

[This Article Wholly Amended by Act No. 9798, Oct. 9, 2009]

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 Vice Minister of the Small and Medium-sized Enterprises (SMEs) and Startups, 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]

Enforcement Ordinance

Article 3 (Matters Subject to Deliberation and Resolution by Committee for Policy on Foreign Human Resources)

“Other matters prescribed by Presidential Decree” in Article 4 (2) 5 of the Act means each of the following:

1. Matters concerning businesses or places of business entitled to employ foreign workers;

2. Matters concerning the number of foreign workers which a business or place of business can employ;

3. Matters concerning the types and scale of business eligible for the introduction of foreign workers by countries that can dispatch foreign workers (hereinafter referred to as “dispatching countries”);

4. Matters concerning the protection of rights and interests of foreign workers;

5. Other matters deemed by the chairperson of the committee for policy on foreign human resources under Article 4 of the Act (hereinafter referred to as “policy committee”) to be necessary for employment, etc. of foreign workers.

[This Article Wholly Amended by Presidential Decree No. 22114, Apr. 7, 2010]

Enforcement Ordinance

Article 4 (Organization of Policy Committee)

“Relevant central administrative agencies prescribed by Presidential Decree” in Article 4 (4) of the Act means the Ministry of the Interior and Safety, the Ministry of Culture, Sports and Tourism, the Ministry of Agriculture, Food and Rural Affairs, the Ministry of Health and Welfare, the Ministry of Land, Infrastructure and Transport, and the Ministry of Oceans and Fisheries.

[This Article Wholly Amended by Presidential Decree No. 22114, Apr. 7, 2010]

Enforcement Ordinance

Article 5 (Duties of Chairperson of Policy Committee)

(1) The Chairperson of the policy committee shall represent the policy committee and exercise general control over the affairs thereof.

(2) If the chairperson of the policy committee is unable to perform any of his/her duties due to any unavoidable circumstances, the member designated by the chairperson shall act on behalf of the chairperson.

[This Article Wholly Amended by Presidential Decree No. 22114, Apr. 7, 2010]

Enforcement Ordinance

Article 6 (Operation of Policy Committee)

(1) The Chairperson of the policy committee shall call and preside over meetings of the policy committee.

(2) A majority of the total members of the policy committee shall constitute a quorum at all its meetings; and resolutions shall be passed with the concurrent vote of a majority of the members present.

(3) The policy committee shall have one executive secretary to deal with the clerical work thereof, who shall be appointed by the Minister of the Office for Government Policy Coordination from among public officials in Grade III, belonging to the Office for Government Policy Coordination or from among public officials in general service, belonging to the Senior Civil Service thereof.

(4) If deemed necessary for deliberating on and adopting a resolution on an item on the agenda, the policy committee may request relevant administrative agencies, organizations, etc. to submit materials, or relevant public officials, experts, etc. to attend a meeting thereof to express their opinions.

(5) Allowances may be paid and travel expenses reimbursed to the relevant public officials, experts, etc. present at a meeting of the policy committee under paragraph (4), within budgetary limits: Provided, That the same shall not apply where a public official attends a meeting of the policy committee directly in connection with any of his/her official duties.

(6) Matters necessary for the operation, etc. of the policy committee, other than those provided for in this Decree, shall be determined by the chairperson of the policy committee after resolution by the policy committee.

[This Article Wholly Amended by Presidential Decree No. 22114, Apr. 7, 2010]

Enforcement Ordinance

Article 7 (Organization, Operation, etc. of Working Committee for Policy on Foreign Human Resources)

(1) A working committee for policy on foreign human resources (hereinafter referred to as the “working committee”) under Article 4 (5) of the Act shall be comprised of not more than 25 members, including one chairperson.

(2) The members of the working committee shall consist of persons representing workers (hereinafter referred to as “labor members”); persons representing employers (hereinafter referred to as “management members”); persons representing public interests (hereinafter referred to as “public interest members”); and persons representing the Government (hereinafter referred to as “governmental members”); labor members and management members shall be equal in number.

(3) The chairperson of the working committee shall be the Vice Minister of Employment and Labor, and the members of the working committee shall be commissioned or appointed by the chairperson of the working committee from among those described in each of the following subparagraphs:

1. Labor members: Persons recommended by the federations of labor unions;

2. Management members: Persons recommended by nationwide employers’ organizations;

3. Public interest members: Persons who have extensive knowledge and experience in the employment of foreign workers, the protection of their rights and interests, etc.;

4. Governmental members: Persons who perform duties related to foreign workers from among public officials in Grade Ⅲ belonging to relevant central administrative agencies or from among public officials in general service belonging to the Senior Civil Service thereof.

(4) The term of office of a member of the working committee under paragraph (2) shall be two years (for a governmental member, the term during which he/she holds office).

(5) The working committee shall deliberate in advance on necessary matters among those subject to deliberation and resolution by the policy committee and report the results to the policy committee.

(6) Allowances and travel expenses may be paid to members of the working committee within budget limits: Provided, That the same shall not apply where a member who is a public official attends a meeting of the committee directly in connection with his/her official duties.

(7) Articles 5 and 6 (1) and (6) shall apply mutatis mutandis to the working committee. In such cases, “policy committee” shall be construed as “working committee”.

[This Article Wholly Amended by Presidential Decree No. 22114, Apr. 7, 2010]

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]

Enforcement Ordinance

Article 8 (Public Announcement of Plans for Introduction of Foreign Workers)

“Manner prescribed by Presidential Decree” in Article 5 (1) of the Act means making a public announcement using any of the following:

1. Official Gazette;

2. A daily newspaper with nationwide circulation, registered under Article 9 (1) of the Act on the Promotion of Newspapers, etc.;

3. Internet.

[This Article Wholly Amended by Presidential Decree No. 22114, Apr. 7, 2010]

Enforcement Ordinance

Article 9 (Survey and Research Projects)

The Minister of Employment and Labor may conduct a survey and research project to support foreign workers-related business under Article 5 (3) of the Act, regarding each of the following:

1. Matters concerning the trend of labor shortages by domestic industry and occupational category;

2. Matters concerning the labor conditions, including wages, and employment status of foreign workers;

3. Matters concerning employers’ levels of satisfaction with foreign workers;

4. Matters concerning implementation of the matters determined through consultation under Article 12 (1);

5. Matters concerning foreign workers’ adaptation to life in the Republic of Korea and increasing their understanding of the Republic of Korea;

6. Other matters deemed by the Minister of Employment and Labor to be necessary to introduce and manage foreign workers.

[This Article Wholly Amended by Presidential Decree No. 22114, Apr. 7, 2010]

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

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