ACT ON THE EMPLOYMENT IMPROVEMENT,ETC., OF CONSTRUCTION WORKERS [See entire ACT]

CHAPTER I General Provisions

Article 1 (Purpose)

The purpose of this Act is to improve the employment of construction workers, to promote their welfare and to contribute to the development of the construction industry, by assisting and promoting their employment security and the development and improvement of their vocational skills, and by conducting welfare programs such as providing construction workers with retirement mutual-aid benefits, etc.
<This Article Wholly Amended by Act No. 8811, Dec. 27, 2007>

Enforcement Ordinance

Article 1 (Purpose)

The purpose of this Decree is to prescribe matters delegated by the Act on the Employment Improvement, etc. of Construction Workers and matters necessary for the enforcement thereof.

Article 2 (Definitions)

The definition of terms used in this Act is as follows:
1. The term “employer” means a person who employs workers and carries on the construction business (hereinafter referred to as the “construction business”) as prescribed in the Presidential Decree, and has obtained a license, permission, registration, etc., under related Acts and subordinate statutes;
2. The term “construction worker” means a worker referred to in Article 2 of the Labor Standards Act and engaged in construction business;
3. The term “original contractor” means an employer who is awarded a contract for construction work by a person who places the order therefor;
4. The term “subcontractor” means an employer who is awarded a contract for construction work by an original contractor or an employer who is awarded a contract for construction work by such a subcontractor;and
5. The term “retirement mutual aid scheme” means a scheme in which an employer with construction workers as beneficiaries, pays mutual-aid contributions to the Mutual Aid Association for Construction Workers, and when the beneficiaries retire from the construction business, the Mutual Aid Association for Construction Workers provides them with retirement mutual-aid benefits.
<This Article Wholly Amended by Act No. 8811, Dec. 27, 2007>

Enforcement Ordinance

Article 2 (Definition of Construction Business)

"Construction business prescribed by Presidential Decree" in subparagraph 1 of Article 2 of the Act on the Employment Improvement, etc. of Construction Workers (hereinafter referred to as the "Act") means the construction business listed in the Korean Standard Industrial Classification publicly announced by the Commissioner of the Statistics Korea pursuant to the Statistics Act.

Article 3 (Establishment and Implementation of Master Plan for Employment Improvement of Construction Workers)

(1) The Minister of Employment and Labor shall establish and implement a master plan (hereinafter referred to as the “master plan”) for employment improvement of construction workers every five years in order to achieve employment security for construction workers, promote the development and improvement of their vocational skills and support their welfare promotion.
(2) A master plan shall include the following matters:

1. Matters concerning evaluation of the immediately preceding master plan;
2. Matters concerning trends in employment of construction workers;
3. Matters concerning the improvement in employment structure of construction workers;
4. Matters concerning the development and elevation of vocational abilities of construction workers, such as training of technical human resources in construction;
5. Matters concerning the promotion of welfare of construction workers;
6. Matters concerning the observance of the Labor Standards Act by construction business, such as wages, holidays, vacations and working hours;
7. Matters concerning the stability of employment of construction workers in the winter season.
(3) Where the Minister of Employment and Labor desires to establish a master plan, he/she shall consult with the head of the related central administrative agency and then shall undergo deliberation at the Employment Policy Council under the Framework Act on Employment Policy. The same shall apply in case where he/she desires to change the important matters in a master plan as prescribed by the Presidential Decree.
(4) When the Minister of Employment and Labor formulates a master plan pursuant to paragraph (1), he/she shall report to the relevant standing committee of the National Assembly without delay.
(5) The Minister of Employment and Labor may, if deemed necessary, request the head of the relevant central administrative agency to submit the data necessary for the formulation and alteration of a master plan.
<This Article Wholly Amended by Act No. 8811, Dec. 27, 2007>

Enforcement Ordinance

Article 3 (Modification of Important Matters of Master Plans)

법 제3조제3항 후단에서 “기본계획 중 대통령령으로 정하는 중요한 사항”이란 다음 각 호의 사항을 말한다.
1. 건설기능인력의 양성을 위한 직업훈련에 관한 사항
2. 건설근로자 고용촉진시설의 설치에 관한 사항

Article 4 (Recommendations)

Where it is deemed necessary for the smooth implementation of a master plan, the Minister of Employment and Labor may recommend employers or employers’ associations, etc., necessary matters in relation to the followings with regard to construction workers:
1. Improvement of employment management;
2. Employment security
3. Vocational skills development and improvement;and
4. Welfare promotion
<This Article Wholly Amended by Act No. 8811, Dec. 27, 2007>

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

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