Article 22 (Report, etc.)

The Minister of Employment and Labor may request the relevant parties, including employers of the businesses governed by this Act or employees engaged in the businesses concerned, to make a report or submit related documents necessary for the following subparagraphs, as prescribed by Presidential Decree:
1. Managing and operating the Fund;
2. Making a substitute payment.
[This Article Wholly Amended on Dec. 27, 2007]
[Moved from Article 19; previous Article 22 moved to Article 26 ]

Enforcement Ordinance

Article 23 (Request for Cooperation from Related Agencies, etc.)

1) The Minister of Employment and Labor may request any of the following persons to submit the following relevant materials or to use the relevant computer network (hereinafter referred to as “provision of materials, etc.”) to conduct duties provided for in this Act, such as substitue payments, etc. under Article 7 or 7-2, the provision of loans for overdue wages, etc. and living expenses under Article 7-3, the subrogation of right to claim overdue wages, etc. under Article 8, the restitution of unjust enrichment under Article 14 and so forth. In such cases, any person in receipt of a request for the provision of materials, etc. shall comply with such request unless there is good cause:

1. Request to the Minister of National Court Administration for the provision of a certificate of registration of buildings or a certificate of registration of land owned by a delinquent employer, a person who has made unjust enrichment or a person who has joint and several liability therefor (hereinafter referred to as “delinquent employer, etc.”);

2. Request to the Minister of the Interior and Safety for the provision of certified copies of or extracts from the resident registration certificate of a delinquent employer, etc.;

3. Request to the Minister of Land, Infrastructure and Transport for the provision of materials (including original registers) related to property held in the name of a delinquent employer, etc., including real estate, automobiles, construction machinery, aircraft and yachts;

3-2. Request to the Minister of Oceans and Fisheries for the provision of materials (including original registers) related to ships in the name of a delinquent employer, etc.;

3-3. Request to the head of a relevant central administrative agency for the provision of materials related to investment certificates in the name of a delinquent employer, etc. of a mutual aid association under the supervision of such head;

4. Request to the Commissioner of the National Tax Service for the provision of materials related to golf (condominium) memberships, intangible property right (patent right, copyright, etc.), books, antiques and goodwill held in the name of a delinquent employer, etc.;

5. Request to the head of a local government for the provision of materials related to family relationship registers (family relationship certificates, marital relationship certificates and identification certificates), local tax certificates levied on property, general (collective) building registers, land (forest land) cadastre of a delinquent employer, etc. and materials related to registration and license taxes levied on registration of rights and registration of leasehold rights, rights to lease on a deposit basis, provisional seizure, etc. in the name of a delinquent employer, etc.;

6. Request to the President?of the Korea Legal Aid Corporation established under Article 8 of the Legal Aid Act for the provision of documents related to civil proceedings (including complaints, applications, judgments, and decisions) between an employee and an employer who delayed payment of wages, etc., such as lawsuits related to overdue wages, etc., preservation dispositions, compulsory execution, and so forth;

7. Request to?the President of the National Health Insurance Service under Article 13 of the National Health Insurance Act for the provision of materials related to the payment of insurance premiums provided in the National Health Insurance, National Pension, Industrial Accident Compensation Insurance, and Employment Insurance (including data on default in the payment of insurance premiums) of a delinquent employer, etc. and the amount of health care benefits claimed by a health care institution that is a delinquent employer, etc. pursuant to Article 47 of the National Health Insurance Act;

7-2. Request to the President of the Korea Workers' Compensation and Welfare Service under Article 10 of the Industrial Accident Compensation Insurance Act for the provision of data on a delinquent employer, etc. as to the acquisition of eligibility of insurant of industrial accident compensation insurance and employment insurance and insurance premiums, etc. overpaid pursuant to Article 23 of the Act on the Collection of Insurance Premiums for Employment Insurance and Industrial Accident Compensation Insurance;

8. Request to retirement pension trustees under Article 26 of the Act on the Guarantee of Employees' Retirement Benefits for the provision of materials concerning retirement pensions, including whether an employee claiming a substitute payment has joined a retirement pension plan, the contribution period, the amount of reserve or contributions and the amount of payment (limited to a period subject to a substitute payment);

9. Request to insurance companies under the Insurance Business Act for the provision of materials concerning the purchase of or subscription for an insurance or trust for departure guaranty or a guaranty insurance by a foreign employee claiming a substitute payment and the payment records (limited to information covered by a period subject to a substitute payment);

10. Request to the Chairperson of the Korea Credit Guarantee Fund under Article 4 of the Credit Guarantee Fund Act and to the Chairperson of the Korea Technology Finance Corporation under Article 12 of the Korea Technology Finance Corporation Act for the provision of materials related to the establishment of security and collateral security in the name of a delinquent employer, etc.;

11. Request to persons who have obtained permission for surety insurance pursuant to Article 4 (1) 2 (d) of the Insurance Business Act for the provision of materials related to the establishment of security and collateral security in the name of a delinquent employer, etc.

(2) Any request for the provision of materials, etc. pursuant to paragraph (1) shall be made by a document that includes the following:

1. Personal information of a delinquent employer, an employee claiming a substitute payment and a person who has made unjust enrichment (including a person who has joint and several liability therefor);

2. Purpose of use;

3. List of materials requested for provision.

(3) Fees, usage charges, etc. shall be exempted for materials provided pursuant to paragraph (1).

[This Article Wholly Amended on Dec. 27, 2007]

[Moved from Article 319-2; previous Article 23 moved to Article 27 ]

Article 23-2(Protection of Personal Information)

(1) Any request by the Minister of Employment and Labor for the provision of materials specified in any subparagraph of Article 23 (1) shall be made only to the minimum extent necessary to conduct the relevant duties.
(2) With respect to using materials specified in the subparagraphs of Article 23 (1), the Minister of Employment and Labor shall take measures to protect personal information of employers, workers, etc., such as security education.
(3) Where the Minister of Employment and Labor intends to request the provision of materials referred to in Article 23 (1) 8 or 9, he/she shall obtain the consent of a subject of information in advance.
(4) Where the Minister of Employment and Labor has achieved the purpose of the relevant duty, such as the payment of overdue wages, etc. or subrogation of the right to claim overdue wages, etc., using materials specified in any subparagraph of Article 23 (1), he/she shall destroy the relevant materials without delay.
(5) The personal information prescribed in the subparagraphs of Article 23 (1) shall be managed only by those who are approved to manage such personal information by the heads of institutions delegated with authority by the Ministry of Employment and Labor or the Minister of Employment and Labor, who are in charge of the duties provided for in the main sentence of the same paragraph at the relevant institutions.
(6) No person who engages or previously engaged in the duties related to wage claim guarantee shall divulge information on employers, workers, etc. which comes to his/her knowledge in the course of performing his/her duties to any third party or use such information for any purpose other than its originally intended purposes.
(7) The Minister of Employment and Labor shall determine detailed matters necessary for the development of personal information protection measures, such as security education, prescribed in paragraph (2), methods for acquiring prior consent of a subject of information prescribed in paragraph (3), timing and methods for destroying materials after achieving the purposes provided for in paragraph (4), procedures for approving the handling of personal information referred to in paragraph (5), and so forth.
[This Article Newly Inserted by Act No. 13909, Jan. 27, 2016]

Article 24 (Inspection)

(1) If the Minister of Employment and Labor deems it necessary for the implementation of this Act, he or she may authorize related public officials or employees belonging to an institution entrusted with authority upon Article 27 (limited to matters necessary for handling entrusted business) to enter a workplace subject to this Act and inspect related documents or ask questions to related persons.
(2) Each public official who enters a workplace and conducts an inspection pursuant to paragraph (1) oremployees belonging to an institution entrusted with authority upon Article 27 (limited to matters necessary for handling entrusted business) shall carry a certificate indicating his or her authority and produce it to related persons.
[This Article Wholly Amended on Dec. 27, 2007]
[Moved from Article 20; previous Article 24 moved to Article 28 ]

Article 25 (Reporting)

If an employer violates this Act or any order issued under this Act, his/her worker may report such violation to a labor inspector and request him/her to take action to correct such violation.
<This Article Wholly Amended by Act No. 8816, Dec. 27, 2007>

Article 26 (Extinctive Prescription)

(1) The right to collect charges and other levies under this Act or the right to seek a refund of a substitute payment or charges shall be extinguished by prescription if it is not exercised within three years.
(2) The extinctive prescription under paragraph (1) shall be subject to the Civil Act, except otherwise provided in this Act.
(3) Articles 42 and 43 of the Employment and Industrial AccidentalInsurance Premium Collection Act shall apply mutatis mutandis to suspension, etc. of extinctive prescription.
[This Article Wholly Amended on Dec. 27, 2007]
[Moved from Article 22; previous Article 26 moved to Article 30 ]

Article 27 (Delegation and Entrustment of Authority)

Part of the authority of the Minister of Employment and Labor under this Act may be delegated to the head of a local labor office or entrusted to the Korea Workers’ Compensation & Welfare Service under the Industrial Accident Compensation Insurance Act, under the conditions prescribed by the Presidential Decree.
<This Article Wholly Amended by Act No. 8816, Dec. 27, 2007>

Enforcement Ordinance

Enforcement Ordinance

Enforcement Ordinance

Enforcement Ordinance

Article 27-2 (Penalty Provisions)

Any person who violates Article 23-2 (6) shall be punished by imprisonment with labor for not more than ten years or by a fine not exceeding 100 million won.
[This Article Newly Inserted by Act No. 13909, Jan. 27, 2016]