ACT ON FOREIGN WORKERS' EMPLOYMENT, ETC. [See entire ACT]
CHAPTER IV Protection of Foreign Workers
- Article 22 (Prohibition against Discrimination)
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No employer shall unfairly give discriminatory treatment to a foreign worker on the ground that he/she is a foreign worker.
[This Article Wholly Amended by Act No. 9798, Oct. 9, 2009]
- Article 22-2 (Provision of Dormitory)
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(1) Where an employer provides a dormitory to foreign workers, he/she shall comply with the standards prescribed in Article 100 of the Labor Standards Act and make efforts to protect their health and safety.
(2) Where an employer provides a dormitory pursuant to paragraph (1), he/she shall provide the following information in advance to foreign workers when signing an employment contract with them. The same shall also apply to any change in the following information after signing the employment contract:
1. The structure and facilities of the dormitory;
2. A location in which the dormitory is established;
3. The residential environment of the dormitory;
4. The area of the dormitory;
5. Other matters necessary for the establishment and operation of the dormitory.
(2) Matters necessary for the standards for providing dormitory information pursuant to paragraph (2) shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 16274, Jan. 15, 2019]
Enforcement Ordinance
- Article 26-2 (Provision of Information on Dormitories)
(1) Where an employer provides information on dormitories under the former part of Article 22-2 (2) of the Act, with the exception of its subparagraphs, he/she shall offer information on matters regarding the establishment and operation of dormitories under Articles 55 through 58 and 58-2 of the Enforcement Decree of the Labor Standards Act, as prescribed by the Minister of Employment and Labor.
(2) Where an employer modifies information provided under paragraph (1) after the conclusion of an employment contract, he/she shall provide the details of the modified information to foreign workers, as prescribed by the Minister of Employment and Labor.
[This Article Newly Inserted by Presidential Decree No. 29965, Jul. 9, 2019]
- Article 23 (Subscription for Guaranty Insurance, etc.)
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(1) Every employer who runs a business or place of business prescribed by Presidential Decree, taking into consideration the size of business, the characteristics of each industry, and other relevant factors, shall purchase a guaranty insurance policy in preparation for delay in payment of wages to foreign workers employed by him/her.
(2) Every foreign worker who works as an employee in any business or place of business prescribed by Presidential Decree, taking into consideration the characteristics of each industry and other relevant factors, shall purchase a personal injury insurance policy in preparation for illness, death, and other accidents.
(3) Matters necessary for the method of subscription and coverage of the guaranty insurance and the personal injury insurance under paragraphs (1) and (2) and the management and payment of such insurances, and other relevant matters shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9798, Oct. 9, 2009]
Enforcement Ordinance
- Article 27 (Subscription for Guaranty Insurance)
(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]
Enforcement Ordinance
- Article 28 (Subscription for Personal Injury Insurance)
(1) “Any business or place of business prescribed by Presidential Decree” in Article 23 (2) of the Act means any business or place of business that hires a foreign worker.
(2) Any foreign worker who belongs to the business or place of business under paragraph (1) shall purchase a personal injury insurance policy, not later than 15 days after the date the employment contract enters into force, that meets all of the following requirements:
1. If the foreign worker dies or falls sick, it shall guarantee the payment of the amount of insurance money determined and published by the Minister of Employment and Labor;
2. If the foreign worker dies or falls sick, it shall guarantee the foreign worker or his/her bereaved family member the right to claim the amount of the personal injury insurance money against the insurance company.
[This Article Wholly Amended by Presidential Decree No. 22114, Apr. 7, 2010]
- Article 24 (Subsidization to Organizations, etc. related to Foreign Workers)
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(1) The State may, within budgetary limits, partially subsidize expenses incurred by any institution or organization that provides foreign workers with counseling and training services or any other service prescribed by Presidential Decree in providing such services.
(2) Matters necessary for the eligibility requirements, criteria, and procedure for subsidization under paragraph (1) and other relevant matters shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9798, Oct. 9, 2009]
Enforcement Ordinance
- Article 29 (Subsidization to Organizations, etc. Related to Foreign Workers)
(1) “Any other service prescribed by Presidential Decree” in Article 24 (1) of the Act means any of the following:
1. Free medical care for foreign workers;
2. Cultural events for foreign workers;
3. Funeral assistance for foreign workers;
4. Assistance for job searching and life of foreign workers in the Republic of Korea;
5. Other services deemed by the policy committee to be necessary for protecting the rights and interests of foreign workers.
(2) Any institution or organization eligible for subsidization of expenses by the State as regards the services under Article 24 (1) of the Act shall meet all of the following requirements:
1. Being a nonprofit corporation or nonprofit organization;
2. Holding facilities or equipment determined and published by the Minister of Employment and Labor for rendering services;
3. Having at least two employees who hold a national qualification or State-accredited private qualification necessary for rendering services or have at least one year’s service experience in the pertinent field.
(3) Where the Minister of Employment and Labor intends to subsidize necessary service expenses to any institution or organization that meets all of the requirements under paragraph (2), he/she shall decide whether or not to provide such assistance by evaluating a business plan, operational results, etc. on an annual basis.
(4) The extent of subsidization necessary for supporting services under Article 24 (1) of the Act shall be an amount determined by the Minister of Employment and Labor. In such cases, the extent of subsidization may vary depending on the evaluation of the operational results, etc.
(5) Other than those provided in paragraphs (1) through (4), matters necessary for the procedures for selection, operation, etc. of the institutions and organizations eligible for subsidization of expenses by the Minister of Employment and Labor shall be determined by the Minister of Employment and Labor.
[This Article Wholly Amended by Presidential Decree No. 22114, Apr. 7, 2010]
- Article 24-2 (Councils for Protection of Rights and Interests of Foreign Workers)
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(1) For the purpose of consulting on matters relating to the protection of the rights and interests of foreign workers, a council for the protection of the rights and interests of foreign workers may be established in an employment security office, wherein workers' organizations and employers' organizations in the relevant region participate.
(2) Matters necessary for the organization and operation of councils for the protection of rights and interests of foreign workers and other relevant matters shall be prescribed by Ordinance of the Ministry of Employment and Labor.
[This Article Newly Inserted by Act No. 9798, Oct. 9, 2009]
- Article 25 (Permission for Change of Business or Place of Business)
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(1) Where any of the following events occur, a foreign worker (excluding a foreign worker under Article 12 (1)) may file an application for change of business or place of business with the head of an employment security office, as prescribed by Ordinance of the Ministry of Employment and Labor:
1. If his/her employer intends to terminate his/her employment contract during the contract period, or intends to refuse renewal of his/her employment contract after its expiration, on a justifiable ground;
2. Where the Minister of Employment and Labor gives public notice, as he/she deems, under a social norm, that the foreign worker is unable to continue to work in the business or place of business on a ground not attributable to him/her, such as temporary shutdown, closure of business, cancellation of the employment permit under Article 19 (1), limitation on the employment under Article 20 (1), provision of a dormitory in violation of Article 22-2, or his/her employer's violation of terms and conditions of employment or unfair treatment;
3. Where any other cause or event prescribed by Presidential Decree occurs.
(2) Where an employer hires a foreign worker seeking re-employment after applying for change of business or place of business under paragraph (1), Articles 6, 8, and 9 shall apply mutatis mutandis to the procedure and method for such employment.
(3) Any foreign worker who fails to obtain permission for change of workplace under Article 21 of the Immigration Act within three months from the date of the application for change of business or place of business under paragraph (1) or who fails to file an application for change of business or place of business within one month after the expiration of the employment contract with the employer shall leave the Republic of Korea: Provided, That for a foreign worker who is unable to obtain permission for change of workplace or file an application for change of workplace due to causes, such as an accident on duty, illnesses, pregnancy and childbirth, such period shall be calculated from the date on which such cause ceases to exist.
(4) Foreign worker’s change of business or place of business under paragraph (1) shall not, in principle, exceed three times during the period under Article 18 or two times during the extended period under Article 18-2 (1): Provided, That the foregoing shall not include cases of change of business or place of business on any ground prescribed in paragraph (1) 2.
[This Article Wholly Amended by Act No. 9798, Oct. 9, 2009]
Enforcement Ordinance
- Article 30 (Change of Business or Place of Business)
(1) “Any other cause or event prescribed by Presidential Decree” in Article 25 (1) 3 of the Act means where it is deemed that a foreign worker is unfit to continue service in the business or place of business due to his/her own injury, etc., but it is possible for him/her to work for another business or place of business.
(2) Deleted.
(3) The head of an employment security office shall give notice to the head of the competent immigration office or of its branch, of a list of those who are to leave the Republic of Korea under Article 25 (3) of the Act.
[This Article Wholly Amended by Presidential Decree No. 22114, Apr. 7, 2010]
