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]

“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]

“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]

“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]

(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]

(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]

(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]

“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]

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]

(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]

(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]

(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]

(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]

(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]

(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]

(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]

(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]

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]

The criteria for imposition of administrative fines under Article 32 (1) of the Act are as set forth in the attached Table.

[This Article Wholly Amended by Presidential Decree No. 23020, Jul. 5, 2011]