(1) When preparing a list of foreign job-seekers under Article 7 (1) of the Act, the Minister of Employment and Labor shall consult with a dispatching country about each of the following matters:

1. Matters to be observed in relation to the dispatch and introduction of human resources;

2. Matters concerning the types and scale of business eligible for the dispatch of human resources;

3. Matters concerning the institution in charge of selecting the human resources to be dispatched and the criteria and methods for selection;

4. Matters concerning conducting a test for the evaluation of proficiency in the Korean language under Article 7 (2) of the Act (hereinafter referred to as “test of proficiency in Korean”);

5. Other matters that are deemed by the Minister of Employment and Labor to be necessary to facilitate the dispatch and introduction of foreign workers.

(2) The Minister of Employment and Labor shall prepare and manage a list of foreign job-seekers on the basis of the lists of human resources sent by dispatching countries.

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

(1) The Minister of Employment and Labor shall select the agency responsible for conducting the Korean Proficiency Test under Article 7 (2) of the Act, taking into consideration the following:

1. Administrative and financial ability to conduct the Korean Proficiency Test;

2. Whether it has the ability to conduct the Korean Proficiency Test objectively and fairly;

3. Whether the Korean Proficiency Test is appropriate in substance;

4. Other matters that are deemed by the Minister of Employment and Labor to be necessary to facilitate the administration of the Korean Proficiency Test.

(2) The Minister of Employment and Labor may cancel the selection of an agency responsible for conducting the Korean Proficiency Test selected under paragraph (1) if it falls under any of the following subparagraphs:

1. Where it is selected by fraud or other wrongful means;

2. Where any wrong is done in the course of inviting applicants for the Korean Proficiency Test, conducting the Korean Proficiency Test, or selecting the successful applicants;

3. Where it falls short of the criteria for selecting the agency responsible for conducting the Korean Proficiency Test under paragraph (1) or is otherwise deemed unfit to continue its functions as the agency responsible for conducting the Korean Proficiency Test.

(3) The Korean Proficiency Test shall be conducted at least once annually in the form of a written test that consists of multiple-choice questions in principle, but may additionally include essay questions.

(4) The Korean Proficiency Test shall include items on both understanding of Korean culture and basic matters necessary for service, including industrial safety.

(5) The agency responsible for conducting the Korean Proficiency Test selected under paragraph (1) shall file a report with the Minister of Employment and Labor, by not later than April 30 of each year, on the matters described in each of the following subparagraphs:

1. The outcomes of the Korean Proficiency Test conducted in the previous year and a plan for conducting the Korean Proficiency Test for the current year;

2. Matters concerning the establishment and implementation of the measures to prevent cheating in the Korean Proficiency Test;

3. The details of the revenue and expenditure of application fees for the Korean Proficiency Test for the previous year, and the plan for revenue and expenditure thereof for the current year;

4. Other matters determined by the Minister of Employment and Labor in relation to the administration of the Korean Proficiency Test.

(6) Where the agency responsible for conducting the Korean Proficiency Test seeks to collect and use fees under Article 7 (3) of the Act, it shall obtain approval from the Minister of Employment and Labor for the amount of fees, collection and refund procedures, and a plan for use by dispatching country. The same shall also apply to any change in the matters approved.

(7) The head of the agency responsible for conducting the Korean Proficiency Test shall give notice to the applicants of the matters approved by the Minister of Employment and Labor under paragraph (6) in a manner that includes them in the announcement of the plan for conducting the Korean Proficiency Test, made by the dispatching country.

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

(1) The methods and details of evaluating eligibility requirements under Article 7 (4) of the Act are as follows:

1. Methods of evaluation:

(a) Written test;

(b) Skill test;

(c) Oral test;

2. Details of evaluation:

(a) Level of skills necessary to engage in the chosen category of business;

(b) Physical fitness of foreign job-seekers;

(c) Service experience;

(d) Other matters deemed necessary to evaluate whether or not to meet the demand for human resources.

(2) The Minister of Employment and Labor shall determine the methods and details of evaluation under paragraph (1) and give notice thereof to the Human Resources Development Service of Korea under the Human Resources Development Service of Korea Act (hereinafter referred to as the “Human Resources Development Service of Korea”), as well as announcing them publicly on the bulletin board, website, etc. of the Ministry of Employment and Labor.

(3) The Human Resources Development Service of Korea shall file a report to the Minister of Employment and Labor, not later than April 30 of each year, on the matters described in each of the following subparagraphs:

1. The results of evaluation of eligibility requirements for the previous year and the plan for evaluation of eligibility requirements for the current year;

2. Other matters determined by the Minister of Employment and Labor in relation to the evaluation of eligibility requirements.

[This Article Newly Inserted by Presidential Decree No. 22114, Apr. 7, 2010]

Pursuant to Article 8 (2) of the Act, the head of an employment security office under subparagraph 1 of Article 2-2 of the Employment Security Act (hereinafter referred to as “employment security office”) may extend the term of validity of an application for employment permit by up to three months if the employer files an application for an extension of the validity term prior to the expiration date thereof on any of the following grounds:

1. Where the employer can not recruit new workers due to a temporary downturn in business conditions or the curtailment of operation due to any unexpected circumstances;

2. Where it is impossible to continue the business due to any natural disaster or other unavoidable reason.

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

“Requirements prescribed by Presidential Decree in terms of the types and size of business, etc. entitled to introduce foreign workers” in Article 8 (3) of the Act means satisfaction of all of the following requirements:

1. To be the type of business eligible to introduce foreign workers and the business or place of business eligible to employ foreign workers determined by the policy committee;

2. Not to hire all or some domestic workers for whom a recruitment application is filed with an employment security office, despite the efforts made for at least the period determined by Ordinance of the Ministry of Employment and Labor: Provided, That the same shall not apply where he/she has refused to hire nationals at least twice without a justifiable ground in spite of job referral by the head of the employment security office under Article 6 (2) of the Act;

3. Not to release domestic workers from their office through an employment adjustment during the period of between two months before the date of filing an application for recruiting nationals under Article 6 (1) of the Act until the date of issuing an employment permit for foreign workers under Article 8 (4) of the Act (hereinafter referred to as “employment permit”);

4. Not to be in arrears with wages during the period from five months before the date of filing an application for recruiting nationals under Article 6 (1) of the Act until the date of issuing an employment permit;

5. To subscribe an employment insurance policy under the Employment Insurance Act and an industrial accident compensation insurance policy under the Industrial Accident Compensation Insurance Act: Provided, That the same shall not apply to the businesses or places of business not governed by the Employment Insurance Act and the Industrial Accident Compensation Insurance Act;

6. For a business or place of business having any foreign worker, to purchase an insurance policy or trust deed under Article 13 of the Act and a guaranty insurance policy under Article 23 (1) of the Act for the foreign worker (only applicable to employers required to purchase them).

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

(1) Any employer who is issued an employment permit under Article 8 (4) of the Act shall make an employment contract with the foreign worker by not later than three months after the date of issuing the employment permit.

(2) Where an employer who is issued an employment permit under Article 8 (4) of the Act fails to make an employment contract with the foreign worker due to the death of the foreign worker or any other unavoidable reason or to receive labor services from the foreign worker due to any reason not attributable to the employer in spite of having made the employment contract, the head of the employment security office shall recommend another foreign worker and reissue an employment permit.

(3) Where the head of an employment security office issues or reissues an employment permit to an employer under Article 8 (4) of the Act or paragraph (2) of this Article, he/she shall grant a period of employment permission within the duration of employment contract under Article 9 (3) or (4) of the Act.

(4) Matters necessary for the issuance and re-issuance of employment permits shall be determined by Ordinance of the Ministry of Employment and Labor.

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

When making an employment contract directly or by proxy under Article 9 of the Act, the employer or the Human Resources Development Service of Korea shall prepare two copies of the employment contract and provide one of them to the foreign worker.

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

(1) The timing when an employment contract enters into force under Article 9 (1) of the Act shall be the date the foreign worker enters the Republic of Korea.

(2) Any employer who renews an employment contract under Article 9 (3) of the Act shall obtain permission to extend the period of employment permission for the foreign worker from the head of the employment security office.

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

“Institution prescribed by Presidential Decree” in Article 11 (1) of the Act means any of the following:

1. The Human Resources Development Service of Korea;

2. A nonprofit corporation or nonprofit organization designated and published by the Minister of Employment and Labor in consideration of the characteristics, etc. of each industry. In such cases, specified criteria, procedures, etc., for designation shall be determined separately by the Minister of Employment and Labor.

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

“Foreigner who entered the Republic of Korea with a visa prescribed by Presidential Decree” in the former part other than the subparagraphs of Article 12 (1) of the Act means a person who has sojourn status 29. Working visit (H-2) in attached Table 1-2 of the Enforcement Decree of the Immigration Act.

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

(1) With respect to the requirements for issuance of a certificate of exceptionally permissible employment under Article 12 (3) (latter part) and (6) of the Act (hereinafter referred to as “certificate of exceptionally permissible employment”), the requirements for issuance of employment permits under Article 13-4 shall apply mutatis mutandis. In such cases, “employment permit” shall be construed as “certificate of exceptionally permissible employment”.

(2) Upon receipt of an application by an employer under the former part of Article 12 (3) of the Act, the head of an employment security office shall, issue a certificate of exceptionally permissible employment if the requirements for issuance of employment permits under Article 13-4, which applies mutatis mutandis under paragraph (1), are met.

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

(1) Where an employer who has been issued a certificate of exceptionally permissible employment under Article 12 (6) of the Act needs to change any of the important matters determined by Ordinance of the Ministry of Employment and Labor, such as the number of foreign workers that can be hired by the business or place of business, in the certificate of exceptionally permissible employment following any change in the type, size, etc. of business of the business or place of business, he/she shall receive certification of the change in the certificate of exceptionally permissible employment from the head of the employment security office.

(2) Matters necessary for the procedures for certification of changes in certificates of exceptionally permissible employment shall be determined by Ordinance of the Ministry of Employment and Labor.

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

(1) “A business or place of business prescribed by Presidential Decree” in Article 23 (1) of the Act means a business or place of business that falls under any of the following subparagraphs: Provided, That this shall exclude any business or place of business under Article 12 (1) 1 of the Act:

1. A business or place of business not covered by the Wage Claim Guarantee Act;

2. A business or place of business employing less than 300 regular workers.

(2) The employer of a business or place of business under paragraph (1) shall purchase a guaranty insurance policy, not later than 15 days after the date the employment contract enters into force, that meets all of the following requirements:

1. It shall guarantee at least the amount determined and published by the Minister of Employment and Labor so as to cover wages in arrears;

2. The guarantee insurance company shall give notice to the foreign worker of the purchase of the guaranty insurance policy;

3. If the employer is in arrears with wages, it shall guarantee the foreign worker the right to claim the guarantee insurance money against the guarantee insurance company.

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