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

CHAPTER Ⅴ Supplementary Provisions

Article 26 (Reporting, Investigations, etc.)

(1) The Minister of Employment and Labor may, if deemed necessary, order any employer, foreign worker, or foreigners-related organization subsidized pursuant to Article 24 (1) to submit a report or relevant documents, or issue any other order as may be necessary, and may also assign public officials under his/her supervision to make inquiries to relevant persons or conduct an investigation or inspection on relevant account books and documents.

(2) Any public official who conducts an investigation or inspection pursuant to paragraph (1) shall carry an identification certifying his/her authority with him/her and produce it to relevant persons.

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

Article 26-2 (Cooperation of Related Institutions)

(1) The Minister of Employment and Labor may request the heads of related institutions such as central administrative agencies, local governments, and public institutions to provide the following materials for enforcement of this Act:

1. Materials concerning demand for and supply of human resources by industry and region;

2. Materials concerning projects to support foreign workers.

(2) Any institution that receives the request for provision of materials under paragraph (1) shall comply with such request unless there is good cause.

[This Article Newly Inserted by Act No. 12371, Jan. 28, 2014]

Article 27 (Collection, etc. of Fees)

(1) A person who concludes an employment contract between an employer and a foreign worker on their behalf pursuant to Article 9 (2) (including cases to which conclusion of an employment contract is applied mutatis mutandis pursuant to the latter part of the provisions, other than the provisions of Article 12 (1), Articles 18-4 (3) and 25 (2): hereafter the same shall apply in this Article) may collect fees and expenses to be incurred from the employer, as prescribed by Ordinance of the Ministry of Employment and Labor.

(2) The Minister of Employment and Labor may, if necessary to carry out projects related to foreign workers under Article 21, collect fees and expenses to be incurred from employers, as prescribed by Ordinance of the Ministry of Employment and Labor.

(3) A person who conducts business related to the employment of foreign workers on behalf of an employer or a foreign worker under Article 27-2 (1) may collect fees and expenses to be incurred from the employer, as prescribed by Ordinance of the Ministry of Employment and Labor.

(4) No person, other than the following persons, shall receive any amount of money or valuables in return for conclusion of an employment contract on other's behalf, execution of affairs related to the employment of foreign workers on other's behalf, or execution of affairs related to foreign workers:

1. A person who concludes an employment contract between an employer and a foreign worker on other's behalf pursuant to Article 9 (2);

2. A person who conducts affairs related to the employment of foreign workers on other's behalf pursuant to Article 27-2 (1);

3. A person delegated or entrusted to exercise the authority of the Minister of Employment and Labor set forth in Article 21, pursuant to Article 28.

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

Article 27-2 (Filing Various Applications, etc.)

(1) Any employer or foreign worker may assign a person designated by the Minister of Employment and Labor (hereinafter referred to as "agency") to conduct affairs related to the employment of foreign workers, such as filing applications, accepting documents, etc., as listed in the following, on his/her behalf:

1. Applications for recruitment of nationals under Article 6 (1) (including cases where Article 25 (2) applies mutatis mutandis);

2. Requests for a permit for re-employment by an employer under Article 18-2;

3. Applications for an employment permit after re-entry into the Republic of Korea under Article 18-4 (1);

4. Applications for change of business or place of business under Article 25 (1);

5. Other affairs concerning the employment of foreign workers, as prescribed by Ordinance of the Ministry of Employment and Labor.

(2) Requirements for the designation, scope of business activities, procedures for the designation of an agency, and matters necessary for acting on behalf of employers or foreign workers pursuant to paragraph (1) shall be prescribed by Ordinance of the Ministry of Employment and Labor.

[This Article Newly Inserted by Act No. 9798, Oct. 9, 2009]

Article 27-3 (Cancellation, etc. of Designation of Agencies)

(1) If an agency falls under any of the following cases, the Minister of Employment and Labor may cancel the designation of such agency or issue an order to suspend its business for no more than six months or to take corrective measures, as prescribed by Ordinance of the Ministry of Employment and Labor:

1. Where it has been designated by fraud or other wrongful means;

2. Where it fails to meet the requirements for designation;

3. Where it conducts any business activity beyond the designated scope of business;

4. Where it fails to perform its duty with a reasonable care of a good fiduciary or fails to comply with the procedures for handling business.

(2) If the Minister of Employment and Labor intends to cancel the designation of an agency under paragraph (1), he/she shall hold a hearing.

[This Article Newly Inserted by Act No. 9798, Oct. 9, 2009]

Article 28 (Delegation or Entrustment of Authority)

The Minister of Employment and Labor may delegate to the head of a regional employment and labor office, or entrust to the Human Resources Development Service of Korea or any person specified by Presidential Decree, part of his/her authority under this Act, as prescribed by Presidential Decree: Provided, That the project prescribed in subparagraph 1 of Article 21 shall be entrusted to the Human Resources Development Service of Korea.

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

Enforcement Ordinance

Article 31 (Delegation or Entrustment of Authority)

(1) Pursuant to Article 28 of the Act, the Minister of Employment and Labor shall delegate to the heads of the regional employment and labor offices, authority for the following:

1. Receipt and processing of requests for re-employment permit filed by an employer under Article 18-2 of the Act;

2. Receipt and processing of requests for employment permit after re-entry under Article 18-4 of the Act;

3. Orders, investigations, inspections, etc. (limited to an order, investigation, inspection, etc. issued or conducted against employers and foreign workers) under Article 26 (1) of the Act;

4. The imposition and collection of administrative fines under Article 32 of the Act;

5. The direction and inspection under Article 23 (2).

(2) Pursuant to Article 28 of the Act, the Minister of Employment and Labor shall entrust the Human Resources Development Service of Korea with the following authority:

1. The preparation and management of a list of foreign job seekers under Article 12 (2);

2. A project to support the entry and departure of foreign workers under subparagraph 1 of Article 21 of the Act;

3. A project for cooperation with public agencies of dispatching countries under subparagraph 3 of Article 21 of the Act;

4. The collection of fees, etc. under Article 27 (2) of the Act (limited to those related to projects entrusted under subparagraphs 2 and 3).

(3) Pursuant to Article 28 of the Act, the Minister of Employment and Labor shall entrust both the Human Resources Development Service of Korea and the nonprofit corporations or nonprofit organizations determined and published by the Minister of Employment and Labor in consideration of human and physical capabilities, etc., for business performance, with the following:

1. A project to train foreign workers and their employers under subparagraph 2 of Article 21 of the Act;

2. A project for cooperation with non-governmental organizations related to foreign workers under subparagraph 3 of Article 21 of the Act;

3. A project to provide counseling services and other support for foreign workers and their employers under subparagraph 4 of Article 21 of the Act;

4. The collection of fees, etc. under Article 27 (2) of the Act (limited to those related to projects entrusted under subparagraphs 1 through 3);

5. A project for foreign workers’ adaptation to life in the Republic of Korea and the promotion of understanding of Korean culture under subparagraph 2 of Article 26;

6. A project for support under subparagraph 3 of Article 26.

(4) Pursuant to Article 28 of the Act, the Minister of Employment and Labor shall entrust the project to develop and operate the computer system for employment management of foreign workers referred to in subparagraph 1 of Article 26 with the Korea Employment Information Service under Article 18 of the Framework Act on Employment Policy.

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

Enforcement Ordinance

Article 31-2 (Handling of Personally Identifiable Information)

The Minister of Employment and Labor (including any person to whom authority of the Minister of Employment and Labor is delegated or entrusted under Article 31), the heads of the employment security offices or the Human Resources Development Service of Korea may handle data containing resident registration numbers or alien registration numbers under subparagraph 1 or 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act, if it is inevitable to perform each of the following:

1. Affairs relating to the implementation of a plan for the introduction of foreign workers established under Article 5 of the Act;

2. Affairs relating to the preparation of a list of foreign job-seekers under Article 7 of the Act;

3. Affairs relating to the employment permits for foreign workers under Article 8 of the Act;

4. Affairs relating to the making of employment contracts with foreign workers under Article 9 of the Act;

5. Affairs relating to special cases for employment of foreign workers under Article 12 of the Act;

6. Affairs relating to the insurance for departure guaranty under Article 13 of the Act;

7. Affairs relating to the insurance and trust for expenses for return to home countries under Article 15 of the Act;

8. Affairs relating to the employment management of foreign workers under Article 17 of the Act;

9. Affairs relating to the extension of employment period under Article 18-2 of the Act;

10. Affairs relating to the employment permits after re-entry under Article 18-4 of the Act;

11. Affairs relating to subscription, etc. for guaranty insurance and personal injury insurance under Article 23 of the Act;

12. Affairs relating to foreign workers’ change of businesses or places of business under Article 25 of the Act;

13. Affairs relating to the reporting, investigations, etc. under Article 26 of the Act.

[This Article Newly Inserted by Presidential Decree No. 23488, Jan. 6, 2012]

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

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