FRAMEWORK ACT ON LABOR WELFARE [See entire ACT]

CHAPTER V Supplementary Provisions

Article 93 (Guidance, Inspection, etc.)

(1) Where it is necessary to promote employees’ welfare, the Minister of Employment and Labor may require the person concerned to report the following matters or may instruct his or her public official to inspect the relevant accounting books, documents, and other goods, and if deemed necessary, order redress in its operations, as prescribed by Presidential Decree:

1. The current status of the Service’s management and operation of the Labor Welfare Promotion Fund;

2. The business affairs, accounting, and property of the non-profit organizations entrusted with the operation of employees’ welfare facilities pursuant to Article 29 (1);

3. The business affairs, accounting and property of an incorporated fund under Article 52.

(2) Where necessary for the purpose of supervising a business owner, an institution providing loan services, an employee stock ownership association, a trustee prescribed in Article 43, or a person offered subsidy or loans, the State or a local government may require the relevant person to report and submit the materials relating to the business affairs referred to in this Act as prescribed by Presidential Decree or issue an order to such person as necessary, or may require a public official under his or her jurisdiction to ask questions to the relevant person or investigate and inspect relevant accounting books, documents, etc.

(3) Any public official who conducts any inspection pursuant to paragraph (1) or (2) shall carry a certificate indicating his or her authority and shall present it to interested persons.

(4) Any public official who conducts an inspection pursuant to paragraphs (1) and (2) shall notify the persons subject to the inspection of the date, time, and details of inspection and other necessary matters at least seven days before the date of inspection: Provided, That the foregoing shall not apply to urgent cases and cases where it is deemed impracticable to achieve the purposes of inspection if a prior notice is given.

(5) The Minister of Employment and Labor or other competent authority shall give written notice of the results of inspection conducted under paragraph (1) or (2) to the persons subject to the inspection.

Enforcement Ordinance

Article 62 (Supervision of Management of Promotion Fund)

(1) The Corporation shall report to the Minister of Employment and Labor matters concerning the execution of the promotion fund management plan and the management status of surplus funds within 30 days after the end of each quarter.
(2) The Minister of Employment and Labor may, if deemed necessary for enhancing the efficiency and public nature of the management of the Promotion Fund, establish guidelines for promotion fund management and have the Corporation comply with these guidelines.

Enforcement Ordinance

Article 63 (Report of Operating Status of Fund Corporation)

(1) A fund corporation shall report to the head of the competent local employment and labor office its operating status and final accounts for the relevant year, its business plan for the following year (including its projected balance sheet and income statement) and the matters determined by the Minister of Employment and Labor within three months after the end of each fiscal year pursuant to Article 93 (1) 3 of the Act.
(2) The head of the competent local employment and labor office who
receives a report on the operating status, etc. of the fund corporation under paragraph (1) shall report the contents to the Minister of Employment and Labor no later than the tenth of the month following the end of each quarter.

Enforcement Ordinance

Article 64 (Demand for Submission of Materials, etc.)

(1) The demand for reporting or for submission of materials under Article 93 (1) or (2) of the Act shall be made in writing.
(2) If a corrective order or an order has been issued pursuant to Article 93 (1) or (2) of the Act, the Minister of Employment and Labor shall give a period prescribed by the Ordinance of the Ministry of Employment and Labor, and may extend the period once if there is an inevitable reason.

Article 94 (Delegation and Entrustment)

(1) The Minister of Employment and Labor may delegate or entrust part of his/her authority prescribed in this Act to the head of a local labor office.
(2) Part of the duties of the Minister of Employment and Labor, prescribed in this Act, may be entrusted to a labor welfare-related agency or organization under the conditions prescribed by the Presidential Decree.

Enforcement Ordinance

Article 65 (Delegation and Entrustment of Authority)

(1) The Minister of Employment and Labor shall delegate the authority specified in any of the following subparagraphs to the heads of local employment and labor offices pursuant to Article 94 of the Act:
1. Deleted.
2. Acceptance of a report specified in the latter part of the Article 47 (1) of the Act;
3. Authorization of the establishment of a fund corporation and authorization of the amendment of the articles of incorporation under Article 52 (4) and Article 53 of the Act;
4. Order of correction under Article 69 of the Act;
5. Demand for a report concerning the business, accounting and assets of a fund corporation, examination of books, documents, etc., and order of correction under Article 93 (1) 3 of the Act;
6. Demand for a report from an employer and association, issuance of an order, and investigation or examination of books, documents, etc, under Article 93 (2) of the Act;
7. Imposition and collection of fines for negligence under Article 99 of the Act (Provided that this shall not apply to the imposition and collection of fines for negligence with regard to institutions engaging in loan services, trustees prescribed in Article 43 of the Act, and recipients of subsidies or loans.);
8. Receipt of a notification of a preparatory committee on the establishment of an association under Article 8 (4) and issuance of a letter of confirmation under Article 8 (5);
9. Acceptance of a report on changes to the total amount of basic assets under Article 35 (2);
10. Receipt of a notification of the dissolution of a fund corporation under Article 52;and
11. Receipt of a list of remaining assets submitted under Article 54.
(2) The Minister of Employment and Labor shall entrust the duties specified in any of the following subparagraphs to the Korea Workers’ Compensation and Welfare Service pursuant to Article 94 (2) of the Act:
1. Provision of livelihood stability funds under Article 19 of the Act;
2. Provision of scholarships or loans for school expenses under Article 20 of the Act;
3. Support for employers’ costs under Article 28 (4) of the Act;and
4. Support for the costs of using private welfare facilities under Article 31 of the Act.
(3) The Minister of Employment and Labor shall entrust the Minister of Health and Welfare with the duties of requesting relevant agencies and organizations to provide necessary materials pursuant to Article 10 (1) of the Act in relation to the provision of livelihood stability funds under Article 19 of the Act and support for credit guarantees under Article 22 of the Act.

Article 95 (Return Order)

(1) The State or a local government may order a person who violates Article 6 to return all or part of the received subsidies and loans under the conditions prescribed by the Presidential Decree.
(2) The State or a local government may order a person who has received subsidies or loans pursuant to this Act in a false or other fraudulent ways to return all or part of the received subsidies and loans under the conditions prescribed by the Presidential Decree.
(3) A person who has received a return order pursuant to paragraphs (1) and (2) shall make that repayment even before the repayment deadline.

Article 95-2 (Special Exception for Workers in Special Type of Employment)

Notwithstanding subparagraph 1 of Article 2, any of the following persons shall be deemed to be employees engaging in the business for the purposes of Articles 19 through 27 and 31:

1. A person who, although he or she is not an employee, provides labor in person for another person's business and receives remuneration from the relevant business owner or recipient of labor, without employing another person;

2. Small and medium business owners referred to in Article 124 (1) of the Industrial Accident Compensation Insurance Act (excluding business owners who employ employees).

[This Article Newly Inserted on Jul. 20, 2015]

[Title Amended on Dec. 8, 2020]

Enforcement Ordinance

Article 66 (Procedure for Returning Subsidies or Loans)

If subsidies or loans provided by the State or a local government are returned pursuant to Article 95 of the Act, the procedure therefor shall follow the examples of a return of subsidies under the Subsidy Management Act.

Enforcement Ordinance

Article 66-2 (Handling of Sensitive Information and Specific Identifying Information)

The Minister of Employment and Labor (including persons entrusted with any affairs of the Minister of Employment and Labor in accordance with Article 65 (2) and (3)), the Welfare Service, the associations, entities in which employee stocks are deposited in Article 43 (1) of the Act, fund corporations, or common fund corporations may, if inevitable for performing the following affairs, manage information containing health data under Article 23 of the Personal Information Protection Act and resident registration numbers or alien registration numbers under subparagraph 1 or 4 of Article 19 of the Enforcement Decree of the same Act:

1. Affairs concerning support under Article 19 of the Act such as loans for living stabilization fund;

2. Affairs concerning credit guarantee under Article 22 of the Act;

3. Affairs concerning management of employee stock ownership association funds under Article 36 (2) of the Act;

4. Affairs concerning the management of the accounts of members of employee stock ownership associations under Article 37 of the Act;

5. Affairs concerning the preferential allocation to the members of employee stock ownership association under Article 38 of the Act;

6. Affairs concerning the granting of employee stock options under Article 39 of the Act;

7. Affairs concerning the deposit, etc. of employee stocks under Article 43 of the Act;

8. Affairs concerning the withdrawal, etc. of employee stocks under Article 44 of the Act;

9. Affairs concerning the exercise of voting rights at a general meeting of stockholders based on the ownership of employee stocks under Article 46 of the Act;

10. Affairs concerning the business activities under Article 62 of the Act (including cases to which the relevant provisions of the Act shall apply mutatis mutandis in accordance with Article 86-11 of the Act);

11. Affairs concerning the use of the Labor Welfare Promotion Fund under Article 91 of the Act;

12. Affairs concerning guidance, supervision, etc. under Article 93 of the Act (including cases to which the relevant provisions of the Act shall apply mutatis mutandis in accordance with Article 86-11 of the Act).

[This Article Newly Inserted on Jan. 6, 2012]

Enforcement Ordinance

Article 66-3 (Re-Examination of Regulations)

(1) The Minister of Employment and Labor shall examine the appropriateness of the following matters every three years, counting from each base date specified in the following subparagraphs (referring to the period that ends on the day before every third anniversary from the base date) and shall take measures, such as making improvements:

1. Content of the bylaws; the holding of general meetings; the composition and operation of the employee stock operation committee; and the exercise of voting rights of the association under Articles 11 through 13, and 28: January 1, 2017;

2. Use of the association fund, the allocation of employee stocks by the association under Articles 17, 19, and 23: January 1, 2017;

3. Trust institutions, the furnishing of deposited employee stocks as collateral and the preferential purchase of withdrawn employee stocks under Articles 22, 24, and 26: January 1, 2017;

4. Application for authorization to incorporate an intra-company labor welfare fund corporation under Article 30: January 1, 2017;

5. Deleted;

6. Application for authorization to amend the articles of incorporation under Article 38: January 1, 2017;

7. Election of employee members under Article 39: January 1, 2017;

8. Deleted.

(2) The Minister of Employment and Labor shall examine the appropriateness of the following matters every third anniversary from the following base dates (referring to the period ending the day before the third anniversary from the base date) and shall take measures, such as making improvements:

1. Institutions providing loan services for labor welfare business under Article 3: January 1, 2016;

2. Eligibility for members of an employee stock ownership association under Article 10: January 1, 2016.

[This Article Newly Inserted on Dec. 9, 2014]

Enforcement Ordinance

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

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