EMPLOYMENT SECURITY ACT [See entire ACT]

CHAPTER Ⅳ Supplementary Provisions

Article 34 (Prohibition of False Job Advertisements, etc.)

(1) No person who provides or is engaged in job placement services, recruitment of workers or labor supply services under Article 18, 19, 28, 30, or 33 shall put out false job advertisements, or present false employment requirements.
(2) Necessary matters concerning the scope of false job advertisements referred to in paragraph (1) shall be prescribed by the Presidential Decree.
<This Article Wholly Amended by Act No. 9795, Oct. 9, 2009>

Article 34-2 (Guarantee of Liability for Damages)

(1) If a person who provides fee-charging job placement services after registration under Article 19 (1), or a person who provides overseas labor supply services after obtaining permission pursuant to Article 33 (1) (hereinafter referred to as “fee-charging job placement service providers, etc.”) causes damage, willfully or mistakenly, to a worker or a person to whom a worker is introduced and supplied, while providing job placement and labor supply services, he/she shall be liable to pay for the damage.
(2) In order to guarantee liability for damage under paragraph (1), fee-charging job placement service providers, etc., shall take out guarantee insurance or the mutual-aid scheme under paragraph (3) or put deposits into a financial institution.
(3) In order to guarantee liability for damage under paragraph (1), the association of service providers referred to in Article 45-2 may operate a mutual-aid scheme under the conditions determined by the Minister of Employment and Labor.
(4) If the association of service providers referred to in Article 45-2 intends to operate a mutual-aid scheme under paragraph (3), it shall establish mutual-aid regulations and obtain approval therefor from the Minister of Employment and Labor. The same shall apply in the case of altering the mutual-aid regulations.
(5) The mutual-aid regulations referred to in paragraph (3) shall contain the following matters:
1. the scope of the mutual-aid scheme;
2. the contents of mutual-aid contracts;
3. the amount of mutual-aid benefits;
4. the amount of contributions;
5. reserve to cover mutual-aid benefits;and
6. other matters necessary for the operation of the mutual-aid scheme
<This Article Wholly Amended by Act No. 9795, Oct. 9, 2009>
Article 35 (Report on Discontinuation of Permitted, Registered or Reported Services)
If a person who has provided services after making a report or registration or obtaining permission under Article 18, 19, 23, or 33 discontinues the services, he/she shall report the fact to the Minister of Employment and Labor or the head of the special self-governing province, city, Gun or Gu within seven days from the date of discontinuation.
<This Article Wholly Amended by Act No. 9795, Oct. 9, 2009>

Article 36 (Cancellation, etc. of Registration, Permission, etc.)

(1) If a person who provides services after making a report or registration or obtaining permission under Article 18, 19, 23 or 33 risks harming the public interest, and falls under any of the following subparagraphs, the Minister of Employment and Labor or the head of the special self-governing province, city, Gun or Gu may suspend his/her services for a fixed period of up to six months or cancel the registration or permission:Provided that in the case of subparagraph 2, the registration or permission shall be cancelled:
1. where the person has made a report or registration or obtained permission in a false or other fraudulent ways;
2. where the person falls under any of the subparagraphs of Article 38;or
3. where the person violates this Act or an order issued under this Act.
(2) If the Minister of Employment and Labor or the head of a special self-governing province, city, Gun or Gu has to cancel a registration or permission for the reason described in subparagraph 7 of Article 38, he/she shall give at least one-month period to appoint a replacement for the officer concerned.
(3) The criteria for the suspension or cancellation as referred to in paragraph (1) shall be prescribed by the Ordinance of the Ministry of Employment and Labor.
<This Article Wholly Amended by Act No. 9795, Oct. 9, 2009>

Article 36-2 (Succession, etc. of Status of Service Provider)

(1) If a person who reported the discontinuation of services pursuant to Article 35 (including discontinuing services without making a report;hereinafter the same shall apply) has made a report or registration or obtained permission under Article 18, 19, 23 or 33 (hereinafter referred to as “made a report again, etc.” in this Article), the service provider who has made a report again, etc., shall inherit the same status the service provider held before reporting the discontinuation of services.
(2) In the case of paragraph (1), the Minister of Employment and Labor or the head of a special self-governing province, city, Gun or Gu may take an administrative action against a service provider who has made a report again, etc., for his/her offense committed before the discontinuation was reported:Provided that this shall not apply in any of the following cases:
1. where the offense meets the standards for the suspension of services, and the period between the date of reporting the discontinuation to the date of making a report again, etc., exceeds one years;and
2. where the offense meets the standards for the cancelation of registration and permission, and the period between the date of reporting the discontinuation to the date of making a report again, etc., exceeds five years
(3) If the Minister of Employment and Labor or the head of a special self-governing province, city, Gun or Gu takes an administrative action pursuant to paragraph (2), he/she shall take into consideration the period of discontinuation, reasons for discontinuation, whether the offense which is the cause of such administration action continues to exist, etc.
<This Article Wholly Amended by Act No. 9795, Oct. 9, 2009>

Article 36-3 (Hearings)

If the Minister of Employment and Labor or the head of a special self-governing province, city, Gun or Gu intends to cancel registration or permission under Article 36, he/she shall hold a hearing.
<This Article Wholly Amended by Act No. 9795, Oct. 9, 2009>

Article 37 (Measure of Closure)

(1) If a person provides services without making a report or registration, or obtaining permission under Article 18, 19. 23 or 33, or continues to provide services after receiving an order of suspension or cancellation under Article 36 (1), the Minister of Employment and Labor or the head of the special self-governing province, city, Gun or Gu may have a relevant public official take any of the following measures:
1. removal and deletion of the signboards or other business marks of the workplace or office concerned;
2. posting of a notice informing people of the illegality of the services concerned;and
3. sealing off of any equipment or facilities indispensable for the operation of the services concerned
(2) A public official who takes measures pursuant to paragraph (1) shall carry identification indicating his/her authority and show it to the persons concerned.
<This Article Wholly Amended by Act No. 9795, Oct. 9, 2009>

Article 38 (Disqualification)

A person who falls under any of the following subparagraphs shall be disqualified for reporting or registering job placement services or obtaining permission for labor supply services:
1. a minor, incompetent person under the adult guardianship, or quasi-incompetent person under the limited guardianship;
2. a person who was declared bankrupt and has not yet been reinstated;
3. a person in whose case two years have not passed since the date when his/her sentence of imprisonment without labor or heavier punishment was completely executed or exempted from being executed;
4. a person who violates the Act on the Punishment of Acts of Arranging Sexual Traffic, the Act on the Regulation over Amusement Business Affecting Public Morals or the Juvenile Protection Act, or violates the Seaman Act in connection with job placement services, and falls under any of the following items:
A. a person in whose case three years have not passed since the date when his/her sentence of imprisonment without labor or heavier punishment was completely executed or exempted from being executed;
B. a person in whose case three years have not passed since the date when the period of suspension of his/her sentence of imprisonment without labor or heavier punishment ended;and
C. a person in whose case two years have not passed since he/she was finally sentenced to a fine
5. a person who is under the suspension of sentence of imprisonment without labor or heavier punishment;
6. a person for whom five years have not passed since the registration of, or permission for, his/her services was cancelled pursuant to Article 36;and
7. a corporation any of whose officers falls under any of subparagraphs 1 through 6.
<This Article Wholly Amended by Act No. 9795, Oct. 9, 2009>

Article 39 (Preparation and Keeping of Books, etc.)

A person who has been registered under Article 19 or obtained permission under Article 33 shall prepare and keep books, ledgers and other necessary documents under the conditions as prescribed by the Ordinance of the Ministry of Employment and Labor. In this case, the books and ledgers may be prepared and managed electronically.
<This Article Wholly Amended by Act No. 9795, Oct. 9, 2009>

Article 40 Deleted.

Article 40-2 (Education and Training for Job Placement Service Provider, etc.)

(1) The Minister of Employment and Labor or the head of a special self-governing province, city, Gun or Gu shall provide education and training in order to improve the professional knowledge and work ethic a person who provides job placement services and a person who is engaged therein need when they provide job placement services, job counseling, etc.
(2) The contents and method of the education and training under paragraph (1) and other necessary matters shall be prescribed by the Ordinance of the Ministry of Employment and Labor.
<This Article Wholly Amended by Act No. 9795, Oct. 9, 2009>

Article 41 (Report and Investigation)

(1) The Minister of Employment or the head of a special self-governing province, city, Gun or Gu, if it is deemed necessary, may have a person who provides services after making a report or registration or obtaining permission under Articles 18, 19, 23 or 33 submit the materials, or report the matters, required for implementing this Act.
(2) The Minister of Employment and Labor or the head of a special self-governing province, city, Gun or Gu, if it is necessary for the confirmation, etc. of violations of this Act, may have his/her public official enter workplaces and other facilities to which this Act applies, investigate documents, books or other articles, and question the persons concerned.
(3) If the Minister of Employment and Labor or the head of a special self-governing province, city, Gun or Gu intends to conduct an investigation under paragraph (2), he/she shall notify in advance the investigated person of an investigation plan, including investigation date, reason, contents, etc.:Provided that this shall not apply where the investigation is urgently needed, or it is deemed that an advance notification may lead to the destruction of evidence, etc., making it impossible to attain the objectives of the investigation.
(4) A public official who enters workplaces and conducts investigation under paragraph (2) shall carry identification indicating his/her authority, and show it to the persons concerned.
(5) The Minister of Employment and Labor, if it is deemed necessary for the attainment of the purpose of this Act, may provide guidance and inspection, jointly with the head of a relevant administrative agency, such as the head of a special self-governing province, city, Gun or Gu, etc., for those who provide services after making a report or registration or obtaining permission under Article 18, 19, 23 or 33.
<This Article Wholly Amended by Act No. 9795, Oct. 9, 2009>

Article 41-2 (Request for Cooperation on Data)

The Minister of Employment and Labor or the head of a special self-governing province, city, Gun or Gu, if it is deemed necessary, may request cooperation from the head of a relevant administrative agency on data required for the enforcement of this Act.
<This Article Wholly Amended by Act No. 9795, Oct. 9, 2009>

Article 42 (Obligation of Confidentiality)

No person who was or is involved in job placement services, job information services, recruitment of workers or labor supply services shall divulge any confidential information acquired in the course of his/her service.
<This Article Wholly Amended by Act No. 9795, Oct. 9, 2009>

Article 43 (Fees)

A person who intends to register fee-charging job placement services under Article 19 shall pay fees under the conditions as prescribed by the Ordinance of the Ministry of Employment and Labor. The same shall apply in the case of altering the registered matters.
<This Article Wholly Amended by Act No. 9795, Oct. 9, 2009>

Article 44 (Delegation of Authority)

The authority of the Minister of Employment and Labor, referred to in this Act, may be delegated partially to the head of an employment security office or the head of a special self-governing province, city, Gun or Gu under the conditions as prescribed by the Presidential Decree.
<This Article Wholly Amended by Act No. 9795, Oct. 9, 2009>

Article 45 (State Subsidy)

The Minister of Employment and Labor may subsidize all or part of the costs of the free job placement services referred to in Article 18.
<This Article Wholly Amended by Act No. 9795, Oct. 9, 2009>

Article 45-2 (Establishment, etc. of Association of Service Providers)

(1) Those who provide services after making a report or registration or obtaining permission under Article 18, 19, 23 or 33 may establish an association of service providers for the sound development, etc. of job placement services, job information services, or labor supply services under the conditions prescribed by the Presidential Decree.
(2) The association of service providers referred to in paragraph (1) shall be a corporation.
(3) Except as otherwise specially prescribed in this Act, the provisions concerning incorporated associations in the Civil Act shall apply mutatis mutandis to the association of service providers referred to in paragraph (1).
<This Article Wholly Amended by Act No. 9795, Oct. 9, 2009>

Article 45-3 (Rewards)

(1) The Minister of Employment and Labor or the head of a special self-governing province, city, Gun or Gu may give a reward within the limits of budget to a person who reports, or informs an investigation agency of, a person who violates Article 34 or falls under subparagraph 1 and 2 of Article 46 (1).
(2) Other necessary matters concerning the provision of rewards under paragraph (1) 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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