LABOR STANDARDS ACT [See entire ACT]
CHAPTER Ⅺ Labor Inspectors, etc.
- Article 101 (Supervisory Authorities)
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(1) The Ministry of Employment and Labor and its subordinate offices shall have a labor inspector to ensure the standards of the terms and conditions of employment.
(2) Matters concerning the qualifications, appointment and dismissal, and placement of the labor inspector shall be prescribed by Presidential Decree.
- Article 102 (Authority of Labor Inspector)
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(1) A labor inspector shall have the authority to conduct a field survey on workplaces, dormitories, and other annexed buildings, to request the submission of books and documents, and to interrogate both an employer and employees.
(2) A labor inspector who is a medical doctor or a medical doctor entrusted by a labor inspector shall have the authority to conduct a medical examination of employees who seem vulnerable to those diseases based on which their continuous employment should be precluded.
(3) In cases of paragraphs (1) and (2), the labor inspector or a medical doctor entrusted by the labor inspector shall show his/her identification card and a written instruction to conduct a field survey or a medical examination issued by the Minister of Employment and Labor.
(4) In a written instruction to conduct field survey or a medical examination order referred to in paragraph (3), its date and time, place, and scope shall be specified clearly.
(5) A labor inspector shall have the authority to perform the official duties of judicial police officers as prescribed by the Act on the Persons Performing the Duties of Judicial Police Officers and the Scope of their Duties with regard to the crimes in violation of this Act or other labor-related statutes.
- Article 103 (Duty of Labor Inspector)
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A labor inspector shall keep strictly any confidential matter which comes to his/her knowledge in the course of performing his/her duties. This shall also apply after he/she is retired from the position.
- Article 104 (Reporting to Supervisory Authorities)
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(1) Employees may report to the Minister of Employment and Labor or a labor inspector if any violation of this Act or Presidential Decree under this Act occurs at a business or workplace.
(2) An employer shall not dismiss or treat an employee unfairly for making such a report referred to in paragraph (1).
- Article 105 (Restrictions on Person Having Authority to Exercise Judicial Police Power)
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Only prosecutors and labor inspectors shall have the authority to conduct a field survey, request the submission of documents, and interrogate employers and employees as prescribed by this Act and any other labor-related statutes: Provided, That this shall not apply to the investigation of crimes related to the duties of labor inspectors.
- Article 106 (Delegation of Authority)
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The authority of the Minister of Employment and Labor under this Act may be delegated partly to the head of a regional employment and labor authority as prescribed by Presidential Decree.
Enforcement Ordinance
- Article 59 (Delegation of Authority)
The Minister of Employment and Labor shall delegate his/her authority over the following matters to the heads of local employment and labor relations offices pursuant to Article 106 of the Act:
1. Demanding a report or appearance pursuant to Article 13 of the Act;
2. Receiving a report on the layoff plan pursuant to Article 24 (4) of the Act;
2-2. Accepting a report of work out measures to Minister of Employment and Labor to supplement his/her wages under Article 51-2(5)Body of the Act;
3. Granting authorization or approval for extension of working hours pursuant to Article 53(4) of the Act;
4. Issuing an order for recess or holiday pursuant to Article 53(5) of the Act;
5. Granting approval for a person who engages in surveillance or intermittent work pursuant to subparagraph 3 of Article 63 of the Act;
6. Issuing an employment permit certificate and revoking such certificate pursuant to Article 64 of the Act;
7. Terminating an employment contract disadvantageous to the minor pursuant to Article 67 (2) of the Act;
8. Granting authorization for night and holiday duties of pregnant women, nursing mothers, and persons of less than 18 years old pursuant to the proviso of Article 70 (2) of the Act;
9. Matters related to review and arbitration on an objection to recognition, etc. of an accident under Article 88 of the Act and medical examination and diagnosis for such purpose;
10. Receiving a report on employment rules pursuant to Article 93 of the Act;
11. Issuing an order to revise employment rules pursuant to Article 96 (2) of the Act;
12. Issuing a written instruction for a field survey or medical examination pursuant to Article 102 (3) of the Act;
13. Receiving a notice of a violation of laws pursuant to Article 104 (1) of the Act;
14. Imposing and collecting an administrative fine pursuant to Article 116 of the Act;
15. Receiving a report on special cases pursuant to Article 2 of the Addenda of the Amendment (Act No. 6974) to the Labor Standards Act;
16. Issuing an order to submit measures for maintaining the level of wages and giving confirmation thereof pursuant to Article 28 (2);
17. Receiving an application for employment permit pursuant to Article 35 (2);
18. Deleted. <2021. 3. 30.>
Enforcement Ordinance
- Article 59-2 (Processing of Sensitive Information and Personally Identifiable Information)
Where it is inevitable to perform the following affairs, the Minister of Employment and Labor (including the person who is entrusted with the authority of the Minister of Employment and Labor pursuant to Article 59) or the Labor Relations Commission may process the information on the health under Article 23 of the Personal Information Protection Act (only applicable to the affairs under subparagraph 7) and the data containing the resident registration number or foreigner registration number under subparagraph 1 or 4 of Article 19 of the Enforcement Decree of the same Act:
1. Affairs concerning the claim for compensation of damage under Article 19 (2) of the Act;
2. Affairs concerning the relief of unfair dismissal, etc. under Article 28 (1) of the Act;
3. Affairs concerning the order to pay money or other valuables under Article 30 (3) of the Act;
4. Affairs concerning confirmation of performance of the order for remedy of unfair dismissal and concerning imposition of charge for compelling performance, etc. pursuant to Article 33 of the Act;
4-2. Affairs concerning the disclosure of name of the business owner in arrear pursuant to Article 43-2 of the Act and the provision of the data on delayed payment of wages, etc. pursuant to Article 43-3 of the Act;
5. Affairs concerning the employment permit certificate under Article 64 of the Act;
6. Affairs concerning admission for the gross negligence under Article 81 of the Act;
7. Affairs concerning the review and arbitration under Article 88 (1) and 89 (1) of the Act;
8. Affairs concerning the report on violation of laws pursuant to Article 104 of the Act;
9. Affairs concerning accusation of the person who fails to perform the definite order for remedy, etc. pursuant to Article 112 of the Act.
[This Article Newly Inserted by Presidential Decree No. 23488, Jan. 6, 2012]
