"Cases prescribed by Presidential Decree" in the proviso to Article 19 (1) of the Act means where an application for childcare leave is filed by an employee who has worked in the relevant business for less than six consecutive months as of the date preceding the start date of childcare leave (hereinafter referred to as "scheduled start date of childcare leave").

[This Article Wholly Amended by Presidential Decree No. 30255, Dec. 24, 2019]

(1) An employee who intends to apply for childcare leave under Article 19 (1) of the Act shall submit, to his or her employer, a written application stating the name and date of birth of the infant or young child to be cared for, the scheduled start date of childcare leave, the end date of childcare leave (hereinafter referred to as "scheduled end date of childcare leave"), the application date for childcare leave, the particulars of the applicant, etc. not later than 30 days prior to the scheduled start date of childcare leave.

(2) Notwithstanding paragraph (1), an application for childcare leave may be filed not later than seven days prior to the scheduled start date of childcare leave in any of the following cases:

1. Where a child is born before the expected date for delivery;

2. Where it is impracticable to rear the relevant infant or young child due to the death of the spouse, an injury, disease, physical or mental disability, divorce, etc.

(3) The employer shall designate the start date of childcare leave and grant childcare leave within 30 days from the date of application where the employee has applied for childcare leave after the lapse of the period under paragraph (1), and within seven days from the date of application where the employee has applied for childcare leave after the lapse of the period under paragraph (2).

(4) The employer may request an employee who has applied for childcare leave to submit documents proving the birth, etc. of the relevant child.

(1) An employee who has applied for childcare leave may, where grounds falling under any subparagraph of Article 11 (2) have occurred before the scheduled start date of childcare leave, request the employer to change such date to a date earlier than the originally scheduled start date of childcare leave, explaining the grounds therefor.

(2) An employee may, where he or she intends to extend the scheduled end date of childcare leave, do so only once. In such cases, he or she shall file an application therefor with the employer not later than 30 days prior to the originally scheduled end date of childcare leave (where intending to extend the scheduled end date of childcare leave for any ground provided for in Article 11 (2) 2 or Article 11(2) 3, seven days prior to the originally scheduled end date of childcare leave).

(1) An employee who applies for childcare leave may withdraw the relevant application clarifying the grounds therefor, not later than seven days prior to the scheduled start date of childcare leave.

(2) Where any of the following grounds occurs, before the scheduled start date of childcare leave after an employee applies for it, the application for childcare leave shall be deemed not filed. In such cases, the employee shall, without delay, notify the employer of such fact:

1. Where the infant or young child dies;

2. Where the infant or young child is a foster infant or child for whom adoptive relationship has been annulled or dissolved;

3. Where an employee who has applied for childcare leave has become unable to rear the relevant infant or young child due to an injury, disease, physical or mental disability, divorce, etc.

(1) An employee on childcare leave shall, where the relevant infant or young child is dead or the employee no longer lives with the infant or young child (limited to where he or she does not contribute to the rearing of an infant or young child), notify an employer of such facts within seven days from the date such ground occurs.

(2) Upon receipt of a notice of the facts concerning the death, etc. of the infant or young child from the employee on childcare leave under paragraph (1), the employer shall designate a date to start work within 30 days from the date of receipt of such notice, and notify the relevant employee of such date.

(3) The childcare leave of an employee shall be deemed to end on any of the following dates:

1. On the date preceding the relevant date to start work, where an employee gives a notice under paragraph (1) and is notified of the date to start work under paragraph (2);

2. On the date when 30 days elapse from the date of giving a notice under paragraph (1), where an employee gives a notice under paragraph (1) but is not notified of the date to start work under paragraph (2);

3. On the date when 37 days elapse from the date of the occurrence of grounds such as the death of an infant or young child, where an employee fails to give a notice under paragraph (1).

(4) Where an employee on childcare leave starts to take new childcare leave, maternity leave under Article 74 of the Labor Standards Act, or reduced working hours for a period of childcare under Article 19-2 of the Act (hereinafter referred to as “reduced working hours for a period of childcare”), the childcare leave shall be deemed to end on the date preceding the date the relevant new childcare leave, maternity leave, or reduced working hours for a period of childcare commences.

(1) An employee who intends to apply for reduced working hours for a period of childcare under the main clause of Article 19-2 (1) shall submit to, his or her employer, a document (including electronic documents) stating the name and date of birth of a child to rear during reduced working hours for a period of childcare, the scheduled start date of reduced working hours, the end date of reduced working hours for a period of childcare (hereinafter referred to as "scheduled end date of reduced working hours"), the work start time and work end time during reduced working hours for a period of childcare, the date of application for reduced working hours for a period of childcare, the particulars of the applicant, etc. not later than 30 days prior to the scheduled start date of reduced working hours for a period of childcare (hereinafter referred to as "scheduled start date of reduced working hours").

(2) Where an employee applies for reduced working hours for a period of childcare after the time limit prescribed in paragraph (1), his or her employer shall grant reduced working hours for a period of childcare by designating the start date of the reduced working hours for a period of childcare within 30 days from the application date.

(3) An employer may request an employee who has applied for reduced working hours for a period of childcare under paragraph (1) or (2) to submit a document proving the birth, etc. of the relevant child.

[This Article Newly Inserted by Presidential Decree No. 23946, Jul. 10, 2012]

"Cases prescribed by Presidential Decree" in the proviso of Article 19-2 (1) of the Act means any of the following cases:

1. Where an application is filed by an employee who has worked in the relevant business for less than six consecutive months as of the date preceding the scheduled start date of reduced working hours;

2. Deleted;

3. Where an employer fails to employ a replacement workforce despite his or her endeavor for at least 14 days to employ a replacement workforce after filing a job offering application with an employment security office defined in subparagraph 1 of Article 2-2 of the Employment Security Act (hereinafter referred to as "employment security office"): Provided, That this shall not apply where he or she has rejected employment on at least two occasions without any good reason despite the job placement services provided by the head of an employment security office;

4. Where it is impracticable to split the working hours of an employee who has applied for reduced working hours for a period of childcare given the nature of the relevant duties or where such reduced working hours for a period of childcare substantially impedes the normal operation of business, which shall be proved by an employer.

[This Article Newly Inserted by Presidential Decree No. 23946, Jul. 10, 2012]

(1) An employee on reduced working hours for a period of childcare shall, where the relevant infant or young child is dead or the employee no longer lives with the infant or young child (limited to where he or she does not contribute to the rearing of an infant or young child), notify his or her employer of such facts within seven days from the date of the occurrence of such causes.

(2) Upon receipt of a notice of facts concerning the death, etc. of the infant or young child from the employee on reduced working hours for a period of childcare under paragraph (1), the employer shall designate a date for his or her return to the same work as before the reduced working hours for a period of childcare within 30 days from the date of receipt of such notice, and notify the relevant employee of such date.

(3) The reduced working hours for a period of childcare of an employee shall be deemed to end on any of the following dates:

1. On the date preceding the relevant date for returning to the same work as before the reduced working hours for a period of childcare, where an employee gives a notice under paragraph (1) and is notified of the date for returning to the same work as before the reduced working hours for a period of childcare under paragraph (2);

2. On the date when 30 days elapse from the date of a notice given under paragraph (1), where an employee gives a notice under paragraph (1) but is not notified of the date for returning to the same work as before the reduced working hours for a period of childcare under paragraph (2);

3. On the date when 37 days elapse from the date of the occurrence of a ground for ending the reduced working hours for a period of childcare such as the death of an infant or young child, where an employee fails to give a notice under paragraph (1).

(4) Where an employee on reduced working hours for a period of childcare starts new reduced working hours for a period of childcare, childcare leave, or maternity leave under Article 74 of the Labor Standards Act, the reduced working hours for a period of childcare shall be deemed to end on the date preceding the start date of such new reduced working hours for a period of childcare, childcare leave, or maternity leave.

[This Article Newly Inserted by Presidential Decree No. 23946, Jul. 10, 2012]

Articles 12 (2) and 13 shall apply mutatis mutnadis to procedures for reduced working hours for a period of childcare under Article 19-2 of the Act. In such cases, “childcare leave” shall be construed as “reduced working hours for a period of childcare”, “scheduled start date of childcare leave” as “scheduled start date of reduced working hours”, and “scheduled end date of childcare leave” as “scheduled end date of reduced working hours”.

[This Article Wholly Amended by Presidential Decree No. 23946, Jul. 10, 2012]

Where the State or a local government installs public welfare facilities for female employees under Article 22 (1) of the Act, it shall preferentially install them in an area where female employees are concentrated, such as an industrial complex and agro-industrial zone.

(1) An employee who intends to apply for family care leave under the main clause of Article 22-2 (1) shall submit, to his or her employer, a document (including electronic documents) stating the name and date of birth of a family member to take care of during the period of family care leave, grounds for care, the scheduled start date of family care leave, the end date of family care leave (hereinafter referred to as "scheduled end date of family care leave"), the application date for family care leave, the particulars of the applicant, etc. not later than 30 days prior to the start date of family care leave (hereinafter referred to as "scheduled start date of family care leave").

(2) Where an employee applies for family care leave after the time limit prescribed in paragraph (1), his or her employer shall grant family care leave by designating the start date of family care leave within 30 days from the application date.

(3) An employer may request his or her employee who has applied for family care leave to submit a document substantiating the necessity of the employee's family care leave, such as the health condition of the family member in need of care and whether it is possible for any other family member, etc. than the applicant to provide care.

(4) An employee who intends to apply for short-term family care leave under the main clause of Article 22-2 (2) of the Act shall submit, to his or her employer, a document (including electronic documents) stating the date of short-term family care leave, the name and date of birth of a family member to take care of during the short-term family care leave, the application date for family care leave, the particulars of the applicant, etc.

[This Article Newly Inserted by Presidential Decree No. 23946, Jul. 10, 2012]

(1) "Cases prescribed by Presidential Decree" in the proviso of Article 22-2 (1) of the Act means any of the following cases:

1. Where an application is filed by an employee who has worked in the relevant business for less than six consecutive months as of the date preceding the scheduled start date of family care leave;

2. Where any parent, child, spouse, etc. of a family member in need of care, other than an employee who has applied for family care leave to take care of his or her parent, spouse, child, or the parent of his or her spouse, is able to take care of the family member in need of care;

3. Where, other than an employee who has applied for family care leave to take care of his or her grandparents or grandchildren, the grandparents or grandchildren have their lineal descendant or lineal ascendant: Provided, That this shall not apply where such employee ought to take care of his or her grandparents or grandchildren because their lineal descendant or lineal ascendant is sick, old, disabled, minor, etc.;

4. Where an employer fails to employ a replacement workforce despite his or her endeavor for at least 14 days to employ a replacement workforce after filing a job offering application with an employment security office: Provided, That this shall not apply where he or she has rejected employment on at least two occasions without any good reason despite the job placement services provided by the head of an employment security office;

5. Where an employee's family care leave substantially impedes the normal operation of business, which shall be proved by his or her employer.

(2) "Cases prescribed by Presidential Decree, such as where grandparents or grandchildren have lineal descendants or lineal ascendants other than the employee" in the main clause of Article 22-2 (2) of the Act means where, other than an employee who has applied for short-term family care leave to take care of his or her grandparents or grandchildren, the grandparents or grandchildren have their lineal descendant or lineal ascendant: Provided, That this shall not apply where such employee ought to take care of his or her grandparents or grandchildren because their lineal descendant or lineal ascendant is sick, old, disabled, minor, etc.

[This Article Newly Inserted by Presidential Decree No. 23946, Jul. 10, 2012]

(1) An employee who applies for family care leave may withdraw the application not later than seven days prior to the scheduled start date of family care leave, explaining the grounds therefor.

(2) Where an employee applies for family care leave but the family member in need of care is dead or cured from a disease, etc. before the scheduled start date of family care leave, the application shall be deemed not filed. In such cases, the employee shall notify the employer of such fact without delay.

[This Article Newly Inserted by Presidential Decree No. 30255, Dec. 24, 2019]

(1) Where a family member in need of care is dead or is cured from a disease, etc., an employee on family care leave shall notify his or her employer of such fact within seven days from the date of the occurrence of such ground.

(2) Where an employer is notified pursuant to paragraph (1), he or she shall designate a date to start work and notify the employee thereof within 30 days from the date he or she is notified.

(3) The family care leave of an employee shall be deemed to end on any of the following dates:

1. On the date preceding the relevant date to start work, where an employee gives a notice pursuant to paragraph (1) and is notified of the date to start work pursuant to paragraph (2);

2. On the date when 30 days elapse from the date of giving a notice pursuant to paragraph (1), where an employee gives a notice pursuant to paragraph (1) but is not notified of the date to start work pursuant to paragraph (2);

3. On the date when 37 days elapse from the date of the occurrence of the grounds under paragraph (1), where an employee fails to give a notice pursuant to paragraph (1).

[This Article Newly Inserted by Presidential Decree No. 30255, Dec. 24, 2019]

Article 12 (2) shall apply mutatis mutnadis to procedures for a family care leave under Article 22-2 (1) of the Act. In such cases, "scheduled end date of childcare leave" shall be construed as "scheduled end date of family care leave".

[This Article Wholly Amended by Presidential Decree No. 23946, Jul. 10, 2012]

(1) An employee who intends to apply for reduced working hours for family care, etc. pursuant to Article 22-3 (1) of the Act (hereinafter referred to as "reduced working hours for family care, etc.") shall submit, to his or her employer, a document (including electronic documents) stating the grounds for applying for reduced working hours for family care, etc., the scheduled start date of reduced working hours for family care, etc., the end date of reduced working hours for family care, etc. (hereinafter referred to as "scheduled end date of reduced working hours for family care, etc."), the work start time and work end time during the period of reduced working hours for family care, etc., the application date for reduced working hours for family care, etc., the particulars of the applicant, etc. not later than 30 days prior to the start date of reduced working hours for family care, etc. (hereinafter referred to as "scheduled start date of reduced working hours for family care, etc.").

(2) Where an employee applies for reduced working hours for family care, etc. after the lapse of the period prescribed in paragraph (1), the employer shall grant reduced working hours for family care, etc. by designating a date to start reduced working hours for family care, etc. within 30 days from the date of the application.

(3) Where an employee who has applied for reduced working hours for family care, etc. pursuant to paragraphs (1) and (2) is not notified by the employer as to whether the employer grants reduced working hours for family care, etc. within 30 days from the date of the application, it shall be deemed that the employer grants reduced working hours for family care, etc. as requested by the employee.

(4) An employer may request his or her employee who has applied for reduced working hours for family care, etc. pursuant to paragraphs (1) and (2) to submit documents proving the relevant grounds, such as a family member's disease.

[This Article Newly Inserted by Presidential Decree No. 30255, Dec. 24, 2019]

"Cases prescribed by Presidential Decree, such as where it is impossible to employ a replacement workforce or where the normal operation of business is significantly impeded" in the proviso, with the exception of the subparagraphs, of Article 22-3 (1) of the Act means any of the following cases:

1. Where an application is filed by an employee who has worked in the relevant business for less than six consecutive months as of the date preceding the scheduled start date of reduced working hours for family care, etc.;

2. Where an employer fails to employ a replacement workforce despite his or her endeavor for at least 14 days to employ a replacement workforce after filing a job offering application with an employment security office: Provided, That this shall not apply where he or she has rejected employment on at least two occasions without any good reason despite the job placement services provided by the head of an employment security office;

3. Where it is impracticable to split the working hours of an employee who has applied for reduced working hours for family care, etc., given the nature of the relevant duties or where reduced working hours for family care, etc. substantially impedes the normal operation of business, which shall be proved by his or her employer;

4. where an application is filed by an employee for whom two years have not elapsed since the end date of reduced working hours for family care, etc.

[This Article Newly Inserted by Presidential Decree No. 30255, Dec. 24, 2019]

(1) An employee who intends to extend the period of reduced working hours for family care, etc. shall submit, to his or her employer, a document (including electronic documents) stating the grounds for extending the period of reduced working hours for family care, etc., the originally scheduled end date of reduced working hours for family care, etc., the scheduled end date of reduced working hours for family care, etc. following the extension of the period of reduced working hours for family care, etc., the work start time and work end time during the extended period of reduced working hours for family care, etc., the application date for the extension of the period of reduced working hours for family care, etc., the particulars of the applicant, etc. not later than 30 days prior to the scheduled end date of reduced working hours for family care, etc.

(2) Where an employee applies for the extension of the period of reduced working hours for family care, etc. after the lapse of the period prescribed in paragraph (1), the employer shall grant reduced working hours for family care, etc. by designating an extended period for reduced working hours for family care, etc., within 30 days from the date of the application.

(3) Such extension of the period under paragraphs (1) and (2) shall be limited to one time.

(4) Where an employee who has applied for the extension of the period of reduced working hours for family care, etc. pursuant to paragraphs (1) and (2) is not notified by the employer as to whether the employer grants the extension of the period of reduced working hours for family care, etc. within 30 days from the date of the application, it shall be deemed that the employer grants the extension of the period of reduced working hours for family care, etc. as requested by the employee.

(5) An employer may request his or her employee who has applied for the extension of the period of reduced working hours for family care, etc. pursuant to paragraphs (1) and (2) to submit documents proving the relevant grounds, such as a family member's disease.

[This Article Newly Inserted by Presidential Decree No. 30255, Dec. 24, 2019]

(1) An employee who applies for reduced working hours for family care, etc. may withdraw the application not later than seven days prior to the scheduled start date of reduced working hours for family care, etc., explaining the grounds therefor.

(2) Upon the occurrence of the grounds according to the following classifications, following an application filed by an employee for reduced working hours for family care, etc. before the scheduled start date of reduced working hours for family care, etc., such application shall be deemed not filed. In such cases, the employee shall notify the employer of such fact without delay:

1. Where an application is filed on the grounds under Article 22-3 (1) 1 of the Act: The relevant family member’s death or cure from a disease, etc.;

2. Where an application is filed on the grounds under Article 22-3 (1) 2 of the Act: The cure of the relevant disease, injury, etc.;

3. Where an application is filed on the grounds under Article 22-3 (1) 3 or 4 of the Act: The cancellation of preparations for retirement or study plans due to circumstantial changes.

[This Article Newly Inserted by Presidential Decree No. 30255, Dec. 24, 2019]

(1) Upon the occurrence of the grounds according to the following classifications, an employee on reduced working hours for family care, etc., shall notify his or her employer of such fact within seven days from the date of the occurrence of the grounds:

1. Where he or she takes reduced working hours on the grounds under Article 22-3 (1) 1 of the Act: The relevant family member’s death or cure from a disease, etc.;

2. Where he or she takes reduced working hours on the grounds under Article 22-3 (1) 2 of the Act: The cure of the relevant disease, injury, etc.;

3. Where he or she takes reduced working hours on the grounds under Article 22-3 (1) 3 or 4 of the Act: The suspension of preparations for retirement or study due to circumstantial changes.

(2) Where an employer is notified pursuant to paragraph (1), he or she shall designate a date to return to the same work as before the reduced working hours for family care, etc. and notify the employee thereof within 30 days from the date he or she is notified.

(3) The reduced working hours for family care, etc. of an employee shall be deemed to end on any of the following dates:

1. On the date preceding the date to return to the same work as before the reduced working hours for family care, etc., where an employee gives a notice pursuant to paragraph (1) and is notified of the date to return to the same work as before the reduced working hours for family care, etc. pursuant to paragraph (2);

2. On the date on when 30 days elapse from the date of giving a notice pursuant to paragraph (1), where an employee gives a notice pursuant to paragraph (1) but is not notified of the date to return to the same work as before the reduced working hours for family care, etc. prescribed in paragraph (2);

3. On the date on when 37 days elapse from the date of the occurrence of the grounds under each subparagraph of paragraph (1), where an employee fails to give a notice pursuant to paragraph (1).

[This Article Newly Inserted by Presidential Decree No. 30255, Dec. 24, 2019]

(1) Pursuant to Article 22-5 (2) of the Act, the Minister of Employment and Labor may entrust the duties concerning support for the establishment and operation of workplace child care centers under Articles 21 and 21-2 of the Act and concerning the creation of a foundation for work-family balance assistance under Article 22-5 (1) of the Act to any of the following institutions or corporations:

1. Quasi-governmental institutions under Article 5 (4) 2 of the Act on the Management of Public Institutions;

2. Research institutes established under Article 8 of the Act on the Establishment, Operation and Fostering of Government-Funded Research Institutes;

3. Non-profit corporations established under Article 32 of the Civil Act to conduct projects, such as work-family balance assistance.