Kang Nam Labor Law Firm

Article 98 (Protection of Dormitory Life): (1) An employer shall not interfere in the private life of employees lodging in a dormitory annexed to the business or workplace concerned.

(2) An employer shall not interfere with the election of executives required for the autonomous management of a dormitory.

Article 99 (Preparation of and Amendment to Dormitory Rules): (1) An employer who intends to lodge his/her employees in a dormitory annexed to a business or workplace shall prepare dormitory rules concerning the following matters:

1. Matters pertaining to getting-up and sleeping, and going-out and overnight stay;

2. Matters pertaining to events;

3. Matters pertaining to meals;

4. Matters pertaining to safety and health;

5. Matters pertaining to the maintenance of buildings and facilities;

6. Other matters to be applicable to all employees lodging in the dormitory.

(2) The employer shall obtain the consent of the representative of the majority of the lodging employees with regard to the preparation of or amendment to the dormitory rules stipulated in paragraph (1).

(3) Both the employer and the employees lodging in the dormitory concerned shall comply with the dormitory rules.

Article 54 (Posting, etc. of Draft Dormitory Rules): Any employer who intends to obtain consent of the representative of the majority of employees in accordance with Article 99 (2) of the Act shall post a draft of dormitory rules at a conspicuous place within the dormitory or make it available for inspection, for seven days or longer to seek such consent, if the majority of the employees accommodated in the dormitory are less than 18 years old.

Article 55 (Structure and Facilities of Dormitories): Every employer shall satisfy all of the following requirements to build a dormitory:

1. One bedroom in the dormitory shall accommodate no more than 8 people;

2. The dormitory shall be provided with a proper number of restrooms, bathroom sinks, and bathing facilities;

3. The dormitory shall be provided with proper facilities, etc. for lighting and ventilation;

4. The dormitory shall be provided with proper cooling and heating facilities or equipment;

5. The dormitory shall be provided with facilities or equipment for preventing fires and for taking safety measures in the event of a fire.

[This Article Wholly Amended by Presidential Decree No. 29964, Jul. 9, 2019]

Article 56 (Places to Build Dormitory): No employer shall build a dormitory at any place with severe noise or vibration, place with a substantial risk of natural disasters, such as landslide or avalanche, damp place or place likely to flood, place with a substantial risk of pollution from garbage or waste, or any other place where it is difficult for employees to live safely and comfortably.

[This Article Wholly Amended by Presidential Decree No. 29964, Jul. 9, 2019]

Article 57 (Creating Residential Environment of Dormitories): Every employer shall meet the following criteria regarding residential environment for the dormitory under Article 100

Every employer shall comply with the following to operate a dormitory:

1. Male and female employees shall not live in one dormitory room;

2. Employees in two or more different shifts which have different working hours shall not live in one bedroom. However, even if the working hours of the workers are different and it does not interfere with sleeping, such as distinguishing the sleeping hours, they may be allowed to live in the same bedroom.

3. Where an employee living in the dormitory contracts an infectious disease defined in subparagraph 1 of Article 2 of the Infectious Disease Control and Prevention Act, the employer shall disinfect the following areas or items or otherwise take necessary measures:

(a) The employee’s bedroom;

(b) The employee’s personal items, such as bedding, tableware, and clothes, and other items;

(c) Common areas for use by employees in the dormitory.

[This Article Wholly Amended by Presidential Decree No. 29964, Jul. 9, 2019]

Article 58 (Area of Dormitory): The area of a dormitory bedroom shall be at least 2.5 square meters per person.

Article 58-2(Protection of Employees’ Privacy): Every employer shall comply with the following for the protection, etc. of privacy of employees living in a dormitory:

1. Every room, restroom, bathing facility, etc. of the dormitory shall be fitted with proper locks;

2. The dormitory shall have a proper space to store each employee’s personal items.

[This Article Newly Inserted by Presidential Decree No. 29964, Jul. 9, 2019]

Article 100 (Guidelines for Construction and Operation of Dormitories Attached to Workplaces): Where an employer constructs and operates a dormitory attached to the workplace, he/she shall meet the guidelines on the following matters as prescribed by Presidential Decree:

1. The structure and facilities of the dormitory;

2. The location of the dormitory;

3. Creation of a residential environment in and surrounding the dormitory;

4. The size of the dormitory;

5. Other matters necessary for safe and pleasant living of employees.

[This Article Wholly Amended by Act No. 16270, Jan. 15, 2019]

Article 100-2 (Responsibilities to Maintain and Manage Dormitories Attached to Workplaces): With regard to a dormitory constructed pursuant to Article 100, the employer shall take measures for the maintenance of health, protection of privacy, etc. of employees.

[This Article Newly Inserted by Act No. 16270, Jan. 15, 2019]