ACT ON THE PROTECTION, ETC., OF DISPATCHED WORKERS [See entire ACT]
CHAPTER Ⅳ Supplementary Provisions
- Article 36 (Guidance and Advice)
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Where deemed necessary for enforcing this Act, the Minister of Employment and Labor may provide temporary work agencies and user companies with guidance and advice necessary for properly operating temporary work agency business and ensuring proper temporary agency services.
[This Article Wholly Amended by Act No. 16413, Apr. 30, 2019]
- Article 37 (Improvement Orders)
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Where deemed necessary for ensuring proper temporary agency services, the Minister of Employment and Labor may order any temporary work agency to improve temporary work agency business and employment management of temporary agency workers.
[This Article Wholly Amended by Act No. 16413, Apr. 30, 2019]
- Article 38 (Reporting and Inspections)
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(1) Where deemed necessary for enforcing this Act, the Minister of Employment and Labor may order any temporary work agency and user company to report necessary matters, as prescribed by Ordinance of the Ministry of Employment and Labor.
(2) Where deemed necessary, the Minister of Employment and Labor may authorize related public officials to visit the place of business and other facilities of a temporary work agency and a user company to inspect books, documents and other articles, or ask questions to relevant persons.
(3) Each public official who visits a place of business to conduct an inspection pursuant to paragraph (2) shall produce a document certifying his/her authority to relevant persons.
[This Article Wholly Amended by Act No. 16413, Apr. 30, 2019]
- Article 39 (Requests for Data)
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(1) The Minister of Employment and Labor may request related administrative agencies, other public organizations, etc. to submit data necessary for enforcing this Act.
(2) Any person in receipt of a request for data prescribed in paragraph (1) shall comply with such request except in any extenuating circumstances.
[This Article Wholly Amended by Act No. 16413, Apr. 30, 2019]
- Article 40 (Fees)
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Any person who intends to obtain permission referred to in Articles 7 and 10 shall pay fees, as prescribed by Ordinance of the Ministry of Employment and Labor.
[This Article Wholly Amended by Act No. 16413, Apr. 30, 2019]
- Article 41 (Delegation of Authority)
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Part of the authority held by the Minister of Employment and Labor under this Act may be delegated to the head of a local employment and labor office, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 16413, Apr. 30, 2019]
Enforcement Ordinance
- Article 6 (Delegation of Authority)
The Minister of Employment and Labor may delegate any of the following authority to the head of a local employment and labor office pursuant to Article 41 of the Act:
1. Granting permission, permission for revision, and permission for renewal to temporary work agencies, and accepting reports on revised matters from temporary work agencies pursuant to Articles 7 (1) and (2) and 10 (2) of the Act;
2. Accepting reports on closure from temporary work agencies pursuant to Article 11 (1) of the Act;
3. Revoking permission of temporary work agencies, and suspending business thereof pursuant to Article 12 of the Act;
4. Receipt of business reports pursuant to Article 18 of the Act;
5. Taking measures for closure, etc. pursuant to Article 19 of the Act;
5-2. Requiring the submission of reports on the status of compliance with a corrective order finalized under Article 15 (1) of the Act on the Protection, etc. of Fixed-Term and Part-Time Employees, which applies mutatis mutandis under Articles 21 (3), 21-2 (4) and 21-3 (2) of the Act, and receiving reports on non-compliance with a corrective order finalized under paragraph (2) of the same Article;
5-3. Requiring the elimination of discriminatory treatment pursuant to Articles 21-2 (1) and 21-3 (1) of the Act, and giving notice of discriminatory treatment pursuant to Article 21-2 (2) of the Act (including cases applied mutatis mutandis pursuant to Article 21-3 (2) of the Act);
6. Providing guidance and advice pursuant to Article 36 of the Act;
7. Issuing an improvement order pursuant to Article 37 of the Act;
8. Issuing an order to report, and conducting a visit, inspection, and inquiry pursuant to Article 38 of the Act;
9. Requesting the submission of data pursuant to Article 39 of the Act;
10. Imposing and collecting fines for negligence pursuant to Article 46 of the Act.
