(1) An employer obligated to purchase an insurance policy or a trust deed under Article 13 of the Act (hereinafter referred to as “insurance policy for departure guaranty, etc.”) shall meet each of the following requirements: Provided, That this shall exclude any employer who runs a business or place of business under Article 12 (1) 1 of the Act:

1. An employer who runs a business or place of business within the meaning of Article 3 of the Guarantee of Workers' Retirement Benefits Act;

2. An employer who hires a foreign worker the remaining period of whose employment under Article 18 or 18-2 (1) of the Act is not less than one year.

(2) Any employer obligated to purchase an insurance policy for departure guaranty, etc. under paragraph (1) shall purchase an insurance policy for departure guaranty, etc. that meets all of the following requirements not later than 15 days after the date the employment contract enters into force:

1. It requires that the amount determined and published by the Minister of Employment and Labor for the insured or beneficiary (hereinafter referred to as “insured, etc.”) under Article 13 of the Act be accumulated on a monthly basis separately from the wages under Article 2 (1) 5 of the Labor Standards Act;

2. Where the insured, etc. who has rendered a continuous service of at least one year leaves (excluding leaving temporarily) the Republic of Korea or dies or his/her sojourn status is changed, it requires that the accumulated amount may be claimed in a lump sum against the financial institution that deals with the insurance policy for departure guaranty, etc. (hereafter referred to as “insurer” in this Article): Provided, That when the service period of the insured person, etc. is less than one year, it requires that the lump-sum payment revert to the employer;

3. It requires that the right of the insured person, etc. to receive a lump-sum payment under the insurance policy for departure guaranty, etc. may not be transferred nor offered as security: Provided, That when any of the following applies, it requires that the right to receive the lump-sum payment may be offered as security within 50/100 of the accumulated insurance premiums or trust money:

(a) Where the insured person, etc. needs recuperation for a continuous period of at least four weeks due to a disease or injury while he/she has terminated his/her employment relation with the employer to change his/her business or place of business;

(b) Where the business or place of business is changed due to any reason provided in Article 25 (1) 2 or 3 of the Act;

4. It requires that the insurer have the details of the insurance policy for departure guaranty, etc. confirmed by the insured person, etc. before purchasing the insurance policy, etc. and give notice of the purchase thereof to the insured person, etc. after purchasing the insurance policy, etc.;

5. It requires that the insurer give notice to the insured person, etc. of both the annual payments of insurance premiums or trust contributions and the estimated amount of the lump-sum payment.

(3) Where the employment relation with a foreign worker is terminated or his/her sojourn status is changed, the employer shall pay the foreign worker the difference between the amount of the lump-sum payment under the insurance policy for departure guaranty, etc. and the amount of the retirement allowance under Article 8 (1) of the Guarantee of Workers' Retirement Benefits Act if the former is less than the latter.

(4) Any employer and any foreign worker may inquire of the insurer about the amount of a lump-sum payment to ascertain the difference between the amount of the lump-sum payment and the amount of the retirement allowance under paragraph (3). In such cases, the insurer shall promptly notify them of the amount of the lump-sum payment by letter (including any electronic message).

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

(1) The Committee for Management of Dormant Insurance Money, Etc. under Article 13-2 (1) of the Act (hereinafter referred to as the “Committee for Management of Dormant Insurance Money, Etc.”) shall deliberate and adopt resolutions on each of the following matters:

1. Matters concerning the establishment and modification of the business plan related to the insurance money, etc. (including proceeds, etc. generated from the insurance money, etc.; hereinafter referred to as “dormant insurance money, etc.”) transferred under the latter part of Article 13 (4) of the Act (including where it applies mutatis mutandis under Article 15 (3) of the Act);

2. Matters concerning the drafting and settlement of the budget related to the dormant insurance money, etc.;

3. Matters concerning the use of the dormant insurance money, etc. for each of the following:

(a) Implementing the project for tracking down the holders of the dormant insurance money, etc.;

(b) Support for and contributions to the dispatching countries;

(c) Welfare projects for foreign workers that use the proceeds from management of the dormant insurance money, etc.;

(d) Other projects for the insured persons, etc. that utilize the dormant insurance money, etc.;

4. Other matters that are deemed by the chairperson to be necessary for the management and use of the dormant insurance money, etc.

(2) The Committee for Management of Dormant Insurance Money, etc. shall be comprised of not more than fifteen members, including one chairperson.

(3) The chairperson of the Committee for Management of Dormant Insurance Money, Etc. shall be the chairperson of the Human Resources Development Service of Korea, and the members shall be comprised of each of the following:

1. Two persons who are recommended by the federations of labor unions and commissioned by the chairperson of the Human Resources Development Service of Korea;

2. Two persons who are recommended by nationwide employers’ organizations and commissioned by the chairperson of the Human Resources Development Service of Korea;

3. Persons who are commissioned or appointed by the chairperson of the Human Resources Development Service of Korea from among those prescribed in each of the following:

(a) Persons who have extensive knowledge and experience in the employment of foreign workers and the protection of their rights and interests or in law or accounting;

(b) Public officials of at least Grade IV, who take charge of duties related to the employment of foreign workers in the Ministry of Employment and Labor;

(c) Executives of the Human Resources Development Service of Korea or the director of the business headquarters who take charge of duties related to the employment of foreign workers in the Human Resources Development Service of Korea.

(4) The term of office of a member shall be two years and may be renewable only once: Provided, That the term of office of a member under paragraph (3) 3 (b) and (c) shall be the period during which he/she is in office.

(5) A majority of the total members of the Committee for Management of Dormant Insurance Money, etc. shall constitute a quorum at all its meetings and resolutions shall be passed with the concurrent vote of a majority of the members present.

(6) Allowances and travel expenses may be paid to the members present at a meeting of the Committee for Management of Dormant Insurance Money, Etc., within budget limits: Provided, That the same shall not apply where a member who is either a public official or an executive or staff member of the Human Resources Development Service of Korea, attends such a meeting directly in connection with his/her official duties.

(7) Matters necessary for the operation of the Committee for Management of Dormant Insurance Money, Etc., other than those prescribed in paragraphs (1) through (6), shall be determined by the Chairperson thereof after resolution by the Committee for Management of Dormant Insurance Money, Etc.

[This Article Newly Inserted by Presidential Decree No. 25521, Jul. 28, 2014]

(1) In relation to dormant insurance money, etc., the Human Resources Development Service of Korea shall perform the duties provided in each of the following subparagraphs:

1. The management and use of dormant insurance money, etc.;

2. The drafting and settlement of the budget for dormant insurance money, etc.;

3. The implementation of the matters deliberated and resolved on by the Committee for Management of Dormant Insurance Money, Etc. in relation to the management and use of dormant insurance money, etc.

(2) The Human Resources Development Service of Korea shall keep an account on dormant insurance money, etc. separate from the other accounts of the Human Resources Development Service of Korea. In such cases, the dormant insurance money, etc. derived from the insurance for departure guaranty, etc. and the dormant insurance money, etc. derived from the insurance for expenses for repatriation, etc. under Article 22 (1) shall be managed separately from each other.

[This Article Newly Inserted by Presidential Decree No. 25521, Jul. 28, 2014]

(1) Pursuant to Article 15 of the Act, a foreign worker shall purchase, by not later than three months after the date his/her employment contract enters into force, an insurance policy or a trust deed that meets all of the following requirements (hereinafter referred to as “insurance policy for expenses for return to home country, etc.”):

1. It requires that the foreign worker pay the amount under paragraph (3) in lump sum or in not more than three installments;

2. Where the foreign worker purchases the insurance policy for expenses for return to home country, etc., it requires that the financial institution dealing with the insurance policy for expenses for return to home country, etc. (hereafter referred to as “insurer” in this Article) give notice thereof to the head of the employment security office having jurisdiction over the seat of the business or place of business;

3. Where the foreign worker files an application for the lump-sum payment under the insurance policy for expenses for return to home country, etc. under paragraph (2), it requires that the insurer pay the lump-sum payment under the insurance policy for expenses for return to home country, etc. after inquiring of the head of the competent immigration office about his/her departure from the Republic of Korea.

(2) A foreign worker may file an application for the lump-sum payment under the insurance policy for expenses for return to home country, etc. in any of the following cases:

1. Where he/she intends to leave the Republic of Korea due to expiration of his/her sojourn period;

2. Where he/she intends to leave (excluding leaving temporarily) the Republic of Korea for his/her personal reason before expiration of his/her sojourn period;

3. Where he/she leaves the Republic of Korea voluntarily or involuntarily after desertion of his/her business or place of business.

(3) The amount of premiums for the insurance for expenses for return to home country, etc. shall be determined and published for each country by the Minister of Employment and Labor, taking into consideration the expenses for return to home country.

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

(1) “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” in Article 17 (1) of the Act means any of the following:

1. Where a foreign worker dies;

2. Where a foreign worker is unfit to continue his/her service in the business due to his/her injury, etc.;

3. Where a foreign worker is absent from work for at least five days without following appropriate procedures, such as the employer’s approval, or his/her whereabouts is unknown;

4. Deleted;

5. Where an employment contract with a foreign worker is terminated;

6. and 7. Deleted;

8. Where the name of the employer or the place of service is changed;

9. Where the place of service is changed while the employer remains unchanged.

(2) Pursuant to Article 17 (2) of the Act, the Minister of Employment and Labor shall establish a plan for directing and inspecting at least once annually, the business or place of business that has any foreign worker and conduct the direction and inspection to ascertain the working conditions of foreign workers, the implementation status of industrial safety and health measures, etc., compliance with relevant Acts and subordinate statutes, etc. in the business or place of business selected according to the plan.

(3) If, as a result of an direction and inspection under paragraph (2), it is found that the Labor Standards Act, the Immigration Control Act, or other relevant Act or subordinate statute is violated, the Minister of Employment and Labor shall take necessary measures under the relevant Act or subordinate statute: Provided, That when it is not within his/her jurisdiction, he/she shall give notice thereof to the competent administrative agency.

(4) The head of an immigration office or of a branch thereof may request the head of an employment security office to provide materials concerning the employment management of foreign workers while performing his/her duties. In such cases, the head of the employment security office shall not refuse such request unless any special reason to the contrary exists.

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

Where the Minister of Employment and Labor issues to an employer a notice of cancelling an employment permit or certification of exceptionally permissible employment under Article 19 (1) of the Act, it shall be made in writing including each of the following:

1. Grounds for cancellation;

2. Deadline by which the employment contract with the relevant foreign worker is to be terminated;

3. Whether a limitation on the employment of foreign workers is set under Article 20 of the Act.

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

“A person to whom any other ground prescribed by Presidential Decree is applicable” in Article 20 (1) 4 of the Act means any of the following persons:

1. A person who releases a domestic worker from place of employment through an employment adjustment within six months after the date he/she is issued an employment permit under Article 8 of the Act or after the date a foreign worker commences his/her service under Article 12 of the Act;

2. A person who has a foreign worker engage in his/her service outside the business or place of business specified in the employment contract;

3. A person who terminates an employment contract during the period between the date employment contract under Article 9 (1) of the Act and the date of completing employment training for foreign workers under Article 11 of the Act, without any unavoidable reason such as the reduction, cessation or conversion of business following business fluctuations, changes in industry structure, etc.

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

“Projects prescribed by Presidential Decree” in subparagraph 6 of Article 21 of the Act means each of the following:

1. A project to develop and operate a computer system for employment management of foreign workers necessary for the job referrals, employment management, etc. of foreign workers;

2. A project for foreign workers’ adaptation to life in the Republic of Korea and the increase of understanding of Korean culture;

3. A project to support the management of the insurance for departure guaranty, etc., the insurance for expenses for return to home country, etc., and the guaranty insurance and personal injury insurance under Article 23 of the Act;

4. Other projects deemed by the policy committee to be necessary for employment management of foreign workers.

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