ACT ON THE PROTECTION, ETC. OF FIXED -TERM AND PART-TIME EMPLOYEES [See entire ACT]

CHAPTER Ⅱ Fixed-term Employees

Article 4 (Employment of Fixed-Term Employees)

(1) Any employer may hire a fixed-term employee for a period not exceeding two years (where his or her fixed-term employment contract is repetitively renewed, the total period of his or her continuous employment shall not exceed two years): Provided, That where a fixed-term employee falls under any of the following subparagraphs, any employer may hire such employee for more than two years:

1. Where the period required to complete a project or particular task is specified;

2. Where a fixed-term employee is needed to fill a vacancy arising from an employee's temporary suspension from duty or dispatch until the employee returns to work;

3. Where the period required for an employee to complete his or her schoolwork or vocational training is specified;

4. Where an employer enters into an employment contract with a senior citizen as defined in subparagraph 1 of Article 2 of the Employment Promotion for the Aged Act;

5. Where the job requires professional knowledge and skills or is offered as part of the Government's welfare or unemployment measures, as prescribed by Presidential Decree;

6. Where any reasonable ground exists equivalent to those mentioned in subparagraphs 1 through 5, as prescribed by Presidential Decree.

(2) Where any employer hires a fixed-term employee for more than two years although those grounds under the proviso of paragraph (1) do not exist or cease to exist, such fixed-term employee shall be deemed an employee subject to non-fixed term employment contract

Enforcement Ordinance

Article 3 ((Exception of Restriction on Period of Employment for Fixed-Term Employees)

(1) "Where the job requires professional knowledge and skills, as prescribed by Presidential Decree" under Article 4 (1) 5 of the Act shall be any of the following:

1. Where an employee has a doctorate (including a doctorate conferred in a foreign country) and engages in the relevant field;

2. Where an employee has a national technical qualification of the grade for professional engineer under Article 9 (1) 1 of the National Technical Qualifications Act and engages in the relevant field;

3. Where an employee has a professional qualification specified in attached Table 2 and engages in the relevant field.

(2) "Where the job is offered as part of the Government's welfare or unemployment measures, as prescribed by Presidential Decree" under Article 4 (1) 5 of the Act shall be any of the following:

1. Where the job is offered to develop the vocational capacities of the national, to promote their employment, and to provide services socially necessary under other statutes such as the Framework Act on Employment Policy and the Employment Insurance Act;

2. Where the job is offered to increase the employment of discharged soldiers and stabilize their livelihood under Article 3 of the Support for Discharged Soldiers Act;

3. Where human resources for welfare support are operated, such as assistants for welfare improvement and livelihood stabilization for persons entitled to veterans benefits under Article 19 (2) of the Framework Act on Veterans Affairs.

(3) "Where prescribed by Presidential Decree" under Article 4 (1) 6 of the Act shall be any of the following:

1. Where other statutes determine the employment term of fixed-term employees differently from Article 4 (1) of the Act, or allow to conclude an employment contract by fixing a separate term;

2. Where an employee who has specialized military knowledge and skills acknowledged by the Minister of National Defense engages in the relevant job or lectures subjects relating to security and military science at a university or a college under subparagraph 1 of Article 2 of the Higher Education Act;

3. Where an employee with special career experience engages in affairs related to national security, national defense, diplomacy or reunification;

4. Where an employee engages in any of the following at a school specified in Article 2 of the Higher Education Act (including a graduate school university or college under Article 30 of the same Act):

(a) Affairs of an instructor or assistant instructor under Article 14 of the Higher Education Act;

(b) Affairs of a honorary professor, school teacher holding concurrent posts, visiting teacher, etc. under Article 7 of the Enforcement Decree of the Higher Education Act;

5. Where the wage and salary income under Article 20 (1) of the Income Tax Act (referring to annual average wage and salary income for the recent two years) of an employee who engages in a job of main classification 1 and main classification 2 pursuant to the Korean Standards Classification notified under Article 22 of the Statistics Act falls under 25/100 of the superior position of the wage and salary income of an employee who engages in main classification 2 pursuant to the Korean Standard Classification of the survey on the status of work by employment type that is recently surveyed by the Minister of Employment and Labor;

6. Where a part-time employee whose contracted weekly working hours are clearly short under Article 18 (3) of the Labor Standards Act;

7. Where an employee engages in the affairs of a player under subparagraph 4 of Article 2 and a certified sports leader under subparagraph 6 of the same Article of the National Sports Promotion Act;

8. Where an employee engages directly in research affairs in any of the following research institutes or engages in the affairs directly involving and supporting the research affairs such as performance of experiments and investigations, etc.:

(a) National research institutes;

(b) Government-funded research institutes established under the Act on the Establishment, Operation and Fostering of Government-Funded Research Institutes, Etc. or the Act on the Establishment, Operation and Fostering of Government-Funded Science and Technology Research Institutes, Etc.;

(c) Specific research institutes under the Specific Research Institutes Support Act;

(d) Research institutes established under the Act on the Establishment and Operation Local Government-Invested Research Institutes;

(e) Affiliated institutions of public institutions under the Act on the Management of Public Institutions;

(f) Affiliated institutions of enterprises or universities;

(g) Research institutes which are corporations established under the Civil Act or other statutes.

Article 5 (Conversion to Employees on Non-Fixed Term Contract)

If any employer intends to enter into a non-fixed term employment contract, he or she shall endeavor to preferentially hire fixed-term employees engaged in the same or similar kinds of work at the business or workplace concerned.

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

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