EMPLOYMENT SECURITY ACT [See entire ACT]

CHAPTER Ⅲ Job Placement Service, Job Information Service, Recruitment of Workers, Labor Supply Service, etc., by Those Other Than Heads of Employment Security Offices

SECTION 1 Job Placement Service andJob Information Service

Article 18 (Free Job Placement Service)

(1) Free job placement services are divided into domestic and overseas free job placement services on the basis of the place where a worker to be placed desires to find employment. A person who intends to provide domestic free job placement services shall report to the head of the special self-governing province, city, Gun or Gu which has jurisdiction over the area where the main office is located, and a person who intends to provide overseas free job placement services shall report to the Minister of Employment and Labor. The same shall apply where the person intends to alter the matters reported.
(2) A person who intends to provide free job placement services pursuant to paragraph (1) shall be either a non-profit corporation or a public organization prescribed by the Presidential Decree.
(3) The matters to be reported, reporting procedures and other necessary matters concerning the reporting referred to in paragraph (1) shall be prescribed by the Presidential Decree
(4) Notwithstanding the provision of paragraph (1), free job placement services may be provided without reporting if they fall under any of the following subparagraphs:
1. job placement services provided by the HRD Service of Korea under the HRD Service of Korea Act;
2. job placement services for the disabled, provided by the Korea Employment Promotion Agency for the Disabled under the Act on Employment Promotion and Vocational Rehabilitation of Disabled Persons;
3. job placement services for students, graduates, trainees or those who have completed training, provided by the head of a school at every level under Education-related Acts, or by the head of a public vocational training facility under the Workers Vocational Skills Development Act;and
4. job placement services for victims of occupational accidents, provided by the Korea Workers Compensation and Welfare Service under the Industrial Accident Compensation Insurance Act.
(5) Any person who conducts, or those who are engaged, in free job placement services under paragraphs (1) and (4) shall not provide a job offeror with job placement services in case where the job offerer is a business owner, who delayed paying wages and whose name is listed and disclosed under Article 43-2 of the Labor Standards Act, as at the time when he/she applies for workers.
<This Article Wholly Amended by Act No. 9795, Oct. 9, 2009>

Article 19 (Fee-Charging Job Placement Service)

(1) Fee-charging job placement services are divided into domestic and overseas fee-charging job placement services on the basis of the place where a worker to be placed desires to find employment. A person who intends to provide domestic fee-charging job placement services shall report to the head of the special self-governing province, city, Gun or Gu which has jurisdiction over the area where the main office is located, and a person who intends to provide overseas fee-charging job placement services shall report to the Minister of Employment and Labor. The same shall apply where the person intends to alter the matters reported.
(2) No person who intends to provide fee-charging job placement services after registration under paragraph (1) shall have two offices or more:Provided that this shall not apply if not less than one person prescribed by the Presidential Decree, such as one acknowledged as having experience, qualifications or knowledge, etc., in job placement or job counseling, is employed for each office.
(3) No person who provides fee-charging job placement services after registration under paragraph (1) shall receive any money and valuables except the fees determined and announced by the Minister of Employment and Labor:Provided that if the person introduces the high-level, professional workforces prescribed by the Ordinance of the Ministry of Employment and Labor, he/she may receive the fees determined by the parties concerned from the job offerer.
(4) If the Minister of Employment and Labor intends to determine the fees referred to in paragraph (3), he/she shall go through deliberation thereon by the Employment Policy Council (hereinafter referred to as the “Employment Policy Council”) under the Framework Act on Employment Policy.
(5) Personnel and physical requirements that are standards for the registration of fee-charging job placement services under paragraph (1) and other matters concerning fee-charging job placement services shall be prescribed by the Presidential Decree.
(6) A person who provides fee-charging job placement services after registration under paragraph (1) and a person who is engaged therein shall observe such matters as prescribed by the Presidential Decree.
1. Where a job offeror is a business owner, who delayed paying wages and whose name is listed and disclosed pursuant to Article 43-2 of the Labor Standards Act, as at the time he/she applies for workers, such fact shall be notified to a job seeker;
2. Where a business of a job offeror requires approval of a competent administrative agency or report or registration thereto, the actual approval, report, or registration of such business shall be checked;
3. Other matters prescribed by Presidential Decree.
<This Article Wholly Amended by Act No. 9795, Oct. 9, 2009>

Article 20 Deleted.

Article 21 (Prohibition of Lending, etc. of Title)

No person who has registered fee-charging job placement services under Article 19 (1) shall have another person provide job placement services using his/her name or trade name, or lend the registration certificate.
<This Article Wholly Amended by Act No. 9795, Oct. 9, 2009>

Article 21-2 (Prohibition of Receipt of Advance Payments)

A person who provides fee-charging services after registration under Article 19 (1) and a person who is engaged therein shall not receive advance payments from a job offerer for offering such services to a job seeker.
<This Article Wholly Amended by Act No. 9795, Oct. 9, 2009>

Article 21-3 (Restriction on Job Placement Services for Minors)

(1) A person who provides free or fee-charging job placement services under Articles 18 and 19 and a person who is engaged therein (hereinafter referred to as “job placement service providers, etc.” in this Article) shall check the age of a job seeker, and in the case of placing those under the age of 18 into a job, shall obtain consent for employment from the person with parental authority or guardian.
(2) Job placement service providers, etc. shall not introduce job-seekers under the age of 18 to the businesses prohibited from employing those under the age of 18 pursuant to Article 63 of the Labor Standards Act.
(3) Job placement service providers, etc. shall not introduce job-seekers who are the juveniles referred to in subparagraph 1 of Article 2 of the Juvenile Protection Act to the entertainment establishments harmful to juveniles under subparagraph 5 of the same Article.
<This Article Wholly Amended by Act No. 9795, Oct. 9, 2009>

Article 22 (Those, etc. Engaged in Fee-Charging Job Placement Service)

(1) A person who provides fee-charging job placement services after registration under Article 19 (1) shall not employ those who fall under subparagraph 1, 2, 4 or 6 of Article 38.
(2) A person who provides fee-charging job placement services after registration under Article 19 (1) shall employ not less than one job counsellor who has the qualifications prescribed by the Ordinance of the Ministry of Employment and Labor, for each of its offices:Provided that if a family member living with the person who provides fee-charging job placement services is qualified as the job counselor described above and works full-time for a particular office, the office concerned shall be considered to employ a job counselor, and if a person who provides fee-charging job placement services is qualified as the job counselor, and works full-time for a particular office, the office concerned may be allowed not to employ another job counselor.
(3) Those engaged in fee-charging job placement services, except the job counsellors referred to in paragraph (2), shall not take charge of job placement services.
<This Article Wholly Amended by Act No. 9795, Oct. 9, 2009>

Article 23 (Report on Job Information Services)

(1) A person who intends to provide job information services (excluding those who provide free job placement services under Article 18 or fee-charging job placement services under 19) shall report to the Minister of Employment and Labor. The same shall apply in the case of altering the matters reported.
(2) The matters to be reported, reporting procedures and other necessary matters concerning the reporting under paragraph (1) shall be prescribed by the Presidential Decree.
<This Article Wholly Amended by Act No. 9795, Oct. 9, 2009>

Article 24 Deleted.

Article 25 (Matters to be Observed by Job Information Service Providers)

Free job placement service providers under Article 18 or fee-charging job placement service providers under Article 19 who provide job information services and job information services under Article 23 shall observe such matters as prescribed by the Presidential Decree.
1. Where a job offeror is a business owner, who delayed paying wages and whose name is listed and disclosed pursuant to Article 43-2 of the Labor Standards Act, as at the time he/she applies for workers, such fact shall be notified so that a job seeker can be informed thereof;
2. Information on job placement which fails to meet the minimum wage determined and publicly notified pursuant to Article 10 of the Minimum Wage Act shall not be provided;
3. Other matters prescribed by Presidential Decree.
<This Article Wholly Amended by Act No. 9795, Oct. 9, 2009>

Article 26 (Prohibition of Concurrent Engagement)

Any person who owns any of the businesses listed in the following subparagraphs cannot be involved in job placement services or become an executive member of a job placement business run by a juristic person:
1. Marriage brokerage business as prescribed in Article 2 subparagraph (2) of the Marriage Brokers Business Management Act;
2. Lodging business as prescribed in Article 2 paragraph (1) subparagraph 2 of the Public Health Control Act;
3. Food service business determined by Presidential Decree as prescribed in Article 36 paragraph (1) subparagraph (3) of the Food Sanitation Act.

Article 27 (Mutatis Mutandis Application)

The provisions of Articles 8 through 12 shall apply mutatis mutandis to free job placement services under Article 18 or fee-charging job placement services under Article 19.
<This Article Wholly Amended by Act No. 9795, Oct. 9, 2009>

SECTION 2 Recruitment of Workers

Article 28 (Recruitment of Workers)

A person who intends to employ workers may recruit them freely using various media, such as advertisements, written notices or digital information networks, etc.
<This Article Wholly Amended by Act No. 9795, Oct. 9, 2009>

Article 29 Deleted.

Article 30 (Recruitment of Overseas Workers)

(1) A person who has recruited workers to be employed overseas shall report the fact to the Minister of Employment and Labor.
(2) Necessary matters concerning the reporting under paragraph (1) shall be prescribed by the Presidential Decree.
<This Article Wholly Amended by Act No. 9795, Oct. 9, 2009>

Article 31 (Recommendation on Improvement of Recruitment Method, etc.)

(1) If it is deemed necessary for establishing order in recruitment, the Minister of Employment and Labor may recommend improving the method of recruiting workers and so on under Article 28 or 30.
(2) If the Minister of Employment and Labor intends to make a recommendation pursuant to paragraph (1), he/she shall go through deliberation thereon by the Employment Policy Council.
(3) Necessary matters concerning the recommendation as referred to in paragraph (1) shall be prescribed by the Presidential Decree.
<This Article Wholly Amended by Act No. 9795, Oct. 9, 2009>

Article 32 (Prohibition of Receipt of Money and Valuables, etc.)

A person who intends to recruit workers, and a person who is engaged in recruitment services shall not take money, valuables or other profits, under whatever name, from applicants in relation to such recruitment:Provided that this shall not apply where at the request of a job offerer, a person who provides fee-charging job placement services under Article 19 recruits a person who meets the requirements presented by the job offerer and places him/her in a job.
<This Article Wholly Amended by Act No. 9795, Oct. 9, 2009>

SECTION 3 Labor Supply Service

Article 33 (Labor Supply Service)

(1) No person shall provide labor supply services without obtaining permission from the Minister of Employment and Labor.
(2) The valid period of permission for labor supply services shall be three years, and those who intend to continue to provide labor supply services after the end of the valid period shall obtain permission for extension under the conditions prescribed by the Ordinance of the Ministry of Employment and Labor. In this case, the valid period of permission for extension shall be three years from the day when the valid period of the previous permission ends.
(3) Labor supply services are divided into domestic and overseas labor supply services on the basis of the place where a worker to be supplied intends to find employment. The scope of those eligible to obtain permission for these respective services is described in the following subparagraphs:
1. for domestic labor supply services, labor unions under the labor union and Labor Relations Adjustment Act;and
2. for overseas labor supply services, those engaged in the manufacturing, construction, personal service and other service industries:Provided that those eligible to obtain permission for overseas labor supply services for entertainers shall be non-profit corporations under Article 32 of the Civil Act.
(4) If the Minister of Employment and Labor gives permission for labor supply services under paragraph (3), he/she shall take into comprehensive consideration the scope of work performed by the labor union, labor supply and demand situation for the region and occupation concerned, stability in employment relations, etc., in the case of domestic labor supply services, and labor supply and demand situation for the occupation concerned, stability in employment relations, order in employment of workers, etc., in the case of overseas labor supply services.
(5) A person falling under paragraph (3) 2, who intends to provide overseas labor supply services shall have the assets and facilities prescribed by the Presidential Decree.
(6) The criteria for permission for labor supply services, application for permission, protection of workers supplied through overseas labor supply services, management of overseas labor supply services, screening and selection of entertainers supplied through overseas labor supply services and other necessary matters concerning the procedure for permission for labor supply services shall be prescribed by the Ordinance of the Ministry of Employment and Labor.
<This Article Wholly Amended by Act No. 9795, Oct. 9, 2009>

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

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