ACT ON EQUAL EMPLOYMENT AND SUPPORT FOR WORK-FAMILY RECONCILIATION [See entire ACT]

CHAPTER Ⅴ Supplementary Provisions

Article 31 (Reporting, Inspections, etc.)

(1) The Minister of Employment and Labor may, if deemed necessary for the enforcement of this Act, order the employer to submit reports and relevant documents, or direct the relevant public officials to enter the business place and make inquiries of persons concerned, or inspect the relevant documents.

(2) The relevant public officials shall, in cases under paragraph (1), carry a certificate verifying his/her authority and produce it to persons concerned.

[This Article Wholly Amended by Act No. 8781, Dec. 21, 2007]

Article 31-2 (Request for Submission of Materials)

(1) The Minister of Employment and Labor may request the Minister of Health and Welfare or the National Health Insurance Service under the National Health Insurance Act for submission of materials relating to claims for benefits to cover medical expenses for pregnancy and childbirth under Article 50 of the foregoing Act for the purpose of performing any of the following duties. In such cases, the head of an agency so requested shall comply with such request unless there are justifiable reasons to do otherwise:

1. Affairs relating to the protection of motherhood under Chapter III;

2. Affairs relating to assistance for work-family balance under Chapter III-2;

3. Guidance on the protection of motherhood under Chapter III and on assistance for work-family balance under Chapter III-2;

4. Reporting, inspection, etc. under Article 31.

(2) The Minister of Employment and Labor may process the materials he or she receives under paragraph (1) through the employment information system under Article 15-2 (1) of the Framework Act on Employment Policy.

[This Article Newly Inserted on Jan. 28, 2016]

Article 32 (Publication of Current Status, etc. of Performing Equal Employment)

The Minister of Employment and Labor may, if deemed necessary to secure effectiveness of the enforcement of this Act, publish the actual status of performing equal employment, other results of surveys, etc.: Provided, That the same shall not apply where a publication is restricted by other Acts.

[This Article Wholly Amended by Act No. 8781, Dec. 21, 2007]

Article 33 (Keeping Relevant Documents)

Employers shall keep documents prescribed by Presidential Decree concerning the matters provided for in this Act for three years. In such cases, documents prescribed by Presidential Decree may be prepared and kept in electronic form under subparagraph 1 of Article 2 of the Framework Act on Electronic Documents and Transactions.

[This Article Wholly Amended by Act No. 8781, Dec. 21, 2007]

Enforcement Ordinance

Article 19 (Types of Retained Documents)

"Documents prescribed by Presidential Decree" in Article 33 of the Act means the following:

1. Documents concerning recruitment and employment, wages, money, goods, etc. other than wages, education, assignment, promotion, age limit, retirement, and dismissal under Articles 7 through 11 of the Act;

2. Documents verifying that sexual harassment prevention education in the workplace under Articles 13 and 13-2 of the Act has been conducted;

3. Documents concerning measures such as disciplinary action against a sexual harassment offender in the workplace under the former part of Article 14 (5) of the Act;

4. Deleted;

5. Documents concerning requests and granting of paternity leave under Article 18-2 of the Act;

6. Documents concerning applications and granting of childcare leave under Article 19 of the Act;

7. Documents concerning applications and granting of reduced working hours for a period of childcare under Articles 19-2 and 19-3 of the Act, and, in the case of refusal of such application, documents concerning the notification of grounds therefor and consultation and those concerning working conditions during the period of reduced working hours for a period of childcare.

Article 34 (Application to Dispatched Work)

Each user company under subparagraph 4 of Article 2 of the Act on the Protection, etc. of Temporary Agency Workers shall be deemed the employer under this Act, in applying Article 13 (1) to the business place where dispatched work is conducted pursuant to the foregoing Act.

[This Article Wholly Amended by Act No. 8781, Dec. 21, 2007]

Article 35 (Subsidization of Expenses)

(1) The State, local governments, and public agencies may, within budgetary limits, fully or partially subsidize expenses incurred in performing projects related to promotion of employment and welfare of women.

(2) The State, local governments, and public agencies may, where a person in receipt of subsidy under paragraph (1) falls under any of the following cases, revoke a decision on paying subsidy fully or partially, and order the return of all or part of the subsidy that has been paid:

1. Where he/she has used the subsidy for purposes other than intended purposes;

2. Where he/she has violated the terms of the decision on paying subsidy (including the relevant conditions, if they are attached thereto);

3. Where he/she has received a subsidy by false or any other unlawful means.

[This Article Wholly Amended by Act No. 8781, Dec. 21, 2007]

Article 36 (Delegation and Entrustment of Authority)

The Minister of Employment and Labor may, as prescribed by Presidential Decree, delegate part of the authority under this Act to the heads of local employment and labor administration agencies or of local governments, or entrust it to public agencies.

[This Article Wholly Amended by Act No. 8781, Dec. 21, 2007]

Enforcement Ordinance

Article 21 (Delegation and Entrustment of Authority)

(1) Pursuant to Article 36 of the Act, the Minister of Employment and Labor shall delegate the following authority to the heads of regional employment and labor offices:

1. Designation and cancellation of designation of institutions for sexual harassment prevention education under Article 13-2 of the Act;

2. Establishment or operation of facilities to promote women’s employment and provision of subsidies for expenses incurred in conducting such business under Article 17 of the Act;

3. Requests for submission, acceptance of, and requests for supplementation of implementation plans, and acceptance of the current status of male and female employees under Article 17-3 of the Act;

4. Acceptance of performance results, notification of evaluation outcomes of performance results, and requests for execution of implementation plans under Article 17-4 of the Act;

5. Assistance, guidance, provision of information, and counseling necessary for the establishment and operation of workplace child care centers under Articles 21 (3) and 21-2 of the Act;

6. Assistance for private organizations providing counseling services under Article 23 of the Act;

7. Matters concerning the commissioning and decommissioning of honorary supervisors for equal employment under Article 24 of the Act;

8. Orders to submit reports and relevant documents, access to business places, inquiry of relevant persons, and inspection of relevant documents under Article 31 of the Act;

9. Imposition and collection of administrative fines under Article 39 of the Act.

(2) Under Article 36 of the Act, the Minister of Employment and Labor shall entrust the following duties to the Korea Employment Information Service under Article 18 of the Framework Act on Employment Policy:

1. Requests for provision of materials relating to claims for benefits to cover medical expenses for pregnancy and childbirth under Article 31-2 (1) of the Act;

2. Processing of materials provided pursuant to Article 31-2 (2) of the Act through the employment information system.

Enforcement Ordinance

Article 21-2 (Processing of Sensitive Information and Personally Identifiable Information)

The Minister of Employment and Labor (including persons to whom the said Minister’s authority is delegated or entrusted under Article 21) may process the data containing information on health under Article 23 of the Personal Information Protection Act or those containing a resident registration number or an alien registration number under subparagraph 1 or 4 of Article 19 of Enforcement Decree of that Act, if it is unavoidable in performing any of the following affairs:

1. Affairs regarding support and guidance necessary for the provision of information on the maternity leave support system and the implementation thereof under Article 18 of the Act;

2. Affairs regarding support and guidance necessary for the provision of information on the childcare leave system and the implementation thereof under Article 19 of the Act;

3. Affairs regarding support and guidance necessary for the provision of information on the system of reduced working hours for a period of childcare and the implementation thereof under Articles 19-2 and 19-3 of the Act;

4. Affairs relating to orders, access, inquiries, and inspection under Article 31 of the Act;

5. Affairs regarding requests for provision of materials and processing of such materials through the employment insurance network under Article 31-2 of the Act.

[This Article Newly Inserted by Presidential Decree No. 27033, Mar. 8, 2016]

Article 36-2 (Review of Regulations)

The Minister of Employment and Labor shall review the validity of requests for provision of materials relating to claims for benefits to cover medical expenses for pregnancy and childbirth under Article 31-2 every five years based on January 1, 2016 (referring to the period before January 1 of every five years) and take measures, such as improvements, accordingly.

[This Article Newly Inserted by Act No. 13932, Jan. 28, 2016]

Enforcement Ordinance

Article 21-3 (Re-Examination of Regulation)

The Minister of Employment and Labor shall examine the appropriateness of the types of retained documents under Article 19 every five years based on January 1, 2020 (referring to the period before January 1 of every fifth year) and shall take measures, such as making improvements.

[This Article Newly Inserted by Presidential Decree No. 25840, Dec. 9, 2014]

For further questions, please
call (+82) 2-539-0098 or email bongsoo@k-labor.com

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