LABOR STANDARDS ACT
Act No. 5309, Mar. 13, 1997
Amended by Act No. 5473, Dec. 24, 1997
Act No. 5510, Feb. 20, 1998
CHAPTER 3
Working Hours and Recess
Article 49 (Working Hours)
(1) Working hours per week shall not exceed forty-four hours excluding recess hours.
(2) Working hours per day shall not exceed eight hours excluding recess hours.
Article 50 (Flexible Working Hour System)
(1) An employer may have a worker work for a specific week in excess of working hours
pursuant to Article 49(1), or for a specific day in excess of working hours pursuant
to Article 49(2), on condition that average working hours per week in a certain period within two weeks do not exceed working hours under Article 49(1) in accordance with
rules of employment(or in accordance with rules or regulations equivalent to rules
of employment). However, working hours for a specific week shall not exceed forty-eight hours.
(2) When an employer reaches an agreement with the workers' representative, in writing,
on the following items, an employer may have a worker work for a specific week in
excess of working hours pursuant to Article 49(1), or for a specific day in excess
of working hours pursuant to Article 49(2), on condition that average working hours per
week in a certain period within one month do not exceed working hours under Article
49(1). However, working hours for a specific week, and for a specific day shall not
exceed fifty-six hours and twelve hours respectively:
1. scope of workers subject to this paragraph;
2. period (a specific period not exceeding one month);
3. working days within a particular period and working hours within each relevant
working day; and
4. other matters as determined by the Presidential Decree.
(3) The provisions of paragraphs (1) and (2) shall not apply to workers aged above
fifteen and under eighteen, and pregnant female workers.
(4) If an employer needs to have a worker work in accordance with the provisions of
paragraphs (1) and (2), the employer shall prepare measures to ensure that the existing
wage level is not lowered.
(5) An employer shall report the contents of a written agreement set forth in paragraph
(2) to the Minister of Labor in accordance with the Presidential Decree.
Article 51 (Selective Working Hour System)
If an employer has made a written agreement on each of the following subparagraphs
with representatives of workers regarding a worker who is entrusted with the decision
to begin and finish works in accordance with rules of employment(including those
equivalent to rules of employment), the employer may have workers work in excess of working
hours per week set by paragraph (1) of Article 49, or per day set by paragraph (2)
of Article 49 on condition that average working hours per week computed on the basis
of adjustment period of balances within one month do not exceed the working hours stipulated
in paragraph (1) of Article 49:
1. scope of workers subject to this paragraph (excluding workers between the age of
fifteen and of eighteen);
2. adjustment period of balances (a specific period within one month);
3. total working hours within an adjustment period of balances;
4. starting and finishing time of working hours, during which works must be provided;
5. starting and finishing time of working hours which are allowed to be selected by
workers; and
6. other matters as determined by the Presidential Decree.
Article 52 (Restriction on Extended Works)
(1) If the parties concerned reach agreement, working hours stipulated in Article
49 may be extended up to twelve hours per week.
(2) If the parties concerned reach agreement, working hours stipulated in Article
50 may be extended up to twelve hours per week, and working hours pursuant to Article
51 may be extended up to twelve hours per week averaged during a period of adjustment
of balances pursuant to subparagraph 2 of Article 51.
(3) Under special circumstances, an employer may extend working hours as provided
for in paragraphs (1) and (2) with the approval of the Minister of Labor and consent
of workers; however, the employer shall immediately obtain the approval of the Minister
of Labor ex post facto, if a situation is so urgent that time is not available to obtain
such approval.
(4) If the Minister of Labor finds that the extension of working hours in accordance
with Paragraph (3) is not appropriate, he may order an employer to allow recess or
day-off afterwards equivalent to the extended working hours.
Article 53 (Recess Hours)
(1) An employer shall allow a recess period of more than 30 minutes for every 4 working
hours and more than 1 hour for every 8 working hours during the working hours.
(2) A recess period may be freely used by workers.
Article 54 (Holidays)
An employer shall allow a worker more than one-day holiday with pay per week on the
average.
Article 55 (Extended Work, Night Work and Holiday Work)
An employer shall pay additional remuneration of more than fifty percentage points
of normal remuneration for extended works (extended works as set forth in the provisions
of Articles 52 and 58, and the proviso of Article 67) and night works(works provided from 10 p.m. to 6 a.m.), or public holiday works.
Article 56 (Special Provisions for Computation of Working Hours)
(1) If it is difficult to compute working hours because a worker carries out his duty
in whole or in part outside the workplace in order to do business or for other reasons,
it shall be deemed that the worker concerned has worked during contractual working hours. However, in cases where a worker needs to work in excess of contractual working
hours ordinarily required for the performance of the work, it shall be deemed that
he has worked during the normal working hours required for the performance of the
work concerned.
(2) Irrespective of the proviso of paragraph (1), if an employer and the representative
of workers have agreed, in writing, on the works concerned, it shall be deemed that
the working hours set by the agreement are the working hours necessary for the performance of the works concerned.
(3) In the case of works designated by the Presidential Decree as those works which
need, in the light of their characteristics, worker's discretion with regard to the
ways to perform the works concerned, it shall be deemed that the works have been
provided for such working hours as determined by a written agreement between the employer
and the representative of workers. In this case, the written agreement shall contain
each of following subparagraphs:
1. provisions as to works to be provided;
2. provisions in which the employer would not give directions to the worker regarding
how to perform, and how to allocate working hours; and
3. provisions in which the computation of working hours shall be determined by the
written agreement concerned.
(4) An employer shall report the contents of a written agreement under paragraphs
(2) and (3) to the Minister of Labor in accordance with the Presidential Decree.
(5) Other matters which are required to implement the provisions of paragraphs (1)
and (3) shall be determined by the Presidential Decree.
Article 57 (Monthly Leave with Pay)
(1) An employer shall allow one day's leave with pay per month.
(2) The paid leave in accordance with paragraph (1) may be used by a worker, of his
own free will, either by accumulating or dividing it within one year.
Article 58 (Special Provisions as to Working and Recess Hours)
(1) An employer who runs a business which falls into any of the following subparagraphs,
if the employer has agreed, in writing, with the representative of workers, may have
workers work in excess of twelve hours per week stipulated in Article 52(1) or may change recess hours pursuant to Article 53:
1. Transportation business, goods sales and storage business, finance and insurance
business;
2. Movie production and entertainment business, communication business, educational
study and research business, advertising business;
3. Medical and sanitation business, hotel and restaurant business, incineration and
cleaning business, barber and beauty parlor business; and
4. businesses determined by the Presidential Decree in consideration of the character
of a business and public conveniences
(2) An employer shall report to the Minister of Labor on the contents of the written
agreement stipulated in paragraph (1) in accordance with the Presidential Decree.
Article 59 (Annual Paid Leave)
(1) An employer shall grant 10 days' leaves with pay to those who have offered work
without an absence throughout a year and 8 days' leaves with pay to those who have
registered more than 90 percent of attendance during one year.
(2) An employer shall offer a worker who is employed more than two consecutive years
one day's paid leave for each year of consecutive employment years, in addition to
the paid leave as set forth in paragraph (1). However, if the total number of leaves
exceeds twenty days, normal wages may be paid for the number of days in excess of twenty
days, in place of paid leaves.
(3) An employer shall grant the leave with pay in accordance with paragraphs (1) and
(2) when requested by a worker, and shall pay normal wages or average wages for the
leave period as provided for in the rules of employment or other provisions; however,
the period concerned may be altered, if it would be a serious impediment to the operation
of the business to grant a leave(s) with pay at a time when a worker requests.
(4) The period of temporary interruption of work resulting from an occupational injury
or disease, or the period of temporary interruption of work before and after childbirth
for female workers in accordance with Article 72, shall be regarded as equivalent to the performance of work without interruption in application of the provisions
of paragraph (1).
(5) The paid leave referred to in paragraphs (1) and (2) shall be forfeited unless
it is consumed within one year. However, this shall not apply if a worker has been
prevented from using annual paid leaves due to the causes attributable to an employer.
Article 60 (Substitution of Paid Leave)
An employer may have workers take a paid leave on a particular working day in substitution
for the monthly paid leave pursuant to Article 57, or the annual paid leave pursuant
to Article 59, if the employer and the representative of workers have reached agreement in writing.
Article 61 (Exceptions to Application)
The provisions of this Chapter and Chapter V as to working hours, recess, and holidays
shall not be applied to workers who fall within each of the following subparagraphs:
1. cultivation of arable land, reclamation work, seeding and planting, gathering or
picking-up or other agricultural and forestry work;
2. livestock breeding, catch of marine animals and plants, cultivation of marine products
or other cattle-breeding, sericulture and fishery business;
3. a worker who is engaged in surveillance or intermittent work, and whose employer
has obtained the approval of the Minister of Labor;
4. workers engaged in such business as provided for in the Presidential Decree.
CHAPTER XI
Labor Inspectors, etc.
Article 104 (Supervisory Authorities)
(1) The Ministry of Labor and its subordinate offices shall have a labor inspector
to ensure the standards of the conditions of employment.
(2) Matters concerning the qualification, appointment, dismissal, job specification,
and assignment of a labor inspector shall be provided for by the Presidential Decree.
Article 105 (Authority of Labor Inspectors)
(1) A labor inspector has the authority to inspect a workplace, dormitory and other
annexed buildings, to request presentation of books and documents, and to question
both an employer and workers.
(2) A labor inspector who is a medical doctor or a medical doctor designated by a
labor inspector has the authority to conduct medical examinations of workers who
appear to suffer from disease which precludes his continuous employment.
(3) With regard to paragraphs (1) and (2), a labor inspector or a medical doctor designated
by a labor inspector shall present his identification card and a letter of order
for medical examination issued by the Minister of Labor before performing his duty.
(4) With regard to a letter of order for inspection or medical examination prescribed
in paragraph (3), a date, time, place and scope shall be clearly stated therein.
(5) A labor inspector shall have the authority to perform the official duties of judicial
police in accordance with the Act relating to Persons to Perform Duties of Judicial
Police and Scope of their Duties with regard to the crimes in violation of this Act or other laws or decrees pertaining to labor affairs.
Article 106 (Duty of Labor Inspector)
A labor inspector shall not disclose any confidential matter which he learns through
the course of performing his official duty. The same shall be applied after he is
retired.
Article 107 (Report to Supervisory Authorities)
(1) Workers may report to the Minister of Labor or a labor inspector if any violation
of the provisions under this Act or the Presidential Decree promulgated pursuant
hereto occurs at a workplace.
(2) An employer shall not dismiss or unfairly treat the worker for making such report
as provided for in paragraph (1).
Article 108 (Limit of Judicial Police Duty)
Only public prosecutors and labor inspectors shall be able to inspect, request the
presentation of documents, question and conduct any other investigation, in accordance
with this Act and other laws or decrees pertaining to labor affairs; however, this
shall not be applied to an investigation into an offense or a crime committed by a labor
inspector in the course of performing his official duty.
Article 109 (Delegation of Authority)
The authority of the Minister of Labor under this Act may be delegated, in part, to
a chief of a regional labour authority in accordance with the Presidential Decree.
CHAPTER XII
Penal Provisions
Article 110 (Penal Provisions)
A person who has violated the provisions of Article 6, 7, 8, 30(1) and (2), or 39
shall be punished by imprisonment for less than five years or by a fine not exceeding
thirty million won.
Article 111 (Penal Provisions)
A labor inspector who has willfully connived at contravention of the provisions of
this Act shall be punished by imprisonment for less than three years or suspension
of civil rights for less than five years.
Article 112 (Penal Provisions)
A person who has violated the provisions of Article 36, 42, 43, 45, 55, 63 or 70 shall
be punished by imprisonment for less than three years or by a fine not exceeding
twenty million won.
Article 113 (Penal Provisions)
Any individual falling within any of the following subparagraphs shall be punished
by imprisonment for less than two years, or by a fine of not exceeding ten million
Won:
1. any individual who has violated Article 9, 29(1), 32, 34(1) or (2), 49, 52(1) or
(2) or the text of Article 52(3), Article 53, 54, 57(1), 59(1) or (3), 62, 67, 68,
69, 72, 73, 79, 81, 82, 83, 85, 86, or 107(2);
2. any individual who has violated orders issued in accordance with paragraph (4)
of Article 52; or
3. any individual who has failed to comply with the prescribed number of workers,
method of training, term of contract, working hours, standards of wages and means
of payment as approved in accordance with paragraph (2) of Article 78
Article 114 (Penal Provisions)
A person who has violated the provisions of Article 44 shall be punished by a fine
not exceeding ten million won.
Article 115 (Penal Provisions)
A person who falls under any of the following subparagraphs shall be punished by a
fine not exceeding five million won:
1. a person who has violated Article 5, 13, 23, 24, 27, 28, 38, 40, 41, 46, 47, 50(5),
the proviso of Article 52(3), Article 56(4), 58(2), 64, 65, 71, 74, 75, 77, 78(3),
94, 96, 97, 98, 101(2), 102, 103, or 106;
2. a person who has failed to comply with the means of management and repayment as
approved in accordance with the provisions of Article 29(2);
3. a person who has failed to comply with an order issued in accordance with Article
99(2);
4. a person who has refused, obstructed or evaded inspections or medical examinations
by a labor inspector or a medical doctor designated by a labor inspector in accordance
with Article 105 or who has not made any statement to the inquiry, or who has made
false statements, or who has failed to present books or documents or who has presented
false books or documents; or
5. a person who has not made a report, or who has presented a fraudulent report, or
who has failed to be present himself in compliance with a request of the Minister
of Labor, the Labor Relations Commission or a labor inspector in accordance with
the provisions of Article 12.
Article 116 (Double Penal Provisions)
If a person who has committed an act in contravention of this Act is a proxy, servant
or other hired person who acts on behalf of a business owner in relation to matters
regarding workers at the business concerned, the said business owner shall likewise
be subject to punishment by a fine as provided in each corresponding Article, unless
the business owner(a representative of a business if a business owner is an incorporation,
or a legal representative if a business owner is a minor or an incompetent who does not have same ability as that of adult in terms of business management) had previously
taken adequate measures to prevent violation. A business owner shall also be punished
in the same manner as an actual offender, if a business owner does not provide adequate measures to prevent violation even though he recognized the possible violation,
or he has failed to provide necessary corrective measures once he knew of the violation,
or he has instigated such violation to be performed.
[Table]
Table of Disability Grade and Accident Compensation(Article 83)
Grade Accident Compensation Grade Accident Compensation
Grade 1 1,340 days' average wages Grade 8 450 days' average wages
Grade 2 1,190 days' average wages Grade 9 350 days' average wages
Grade 3 1,050 days' average wages Grade 10 270 days' average wages
Grade 4 920 days' average wages Grade 11 200 days' average wages
Grade 5 790 days' average wages Grade 12 140 days' average wages
Grade 6 670 days' average wages Grade 13 90 days' average wages
Grade 7 560 days' average wages Grade 14 50 days' average wages
Addenda
Article 1 (Date of Enforcement)
This Act shall take effect from the date of its promulgation.
Article 2 (Transitional Measures as to Request for Report, etc.)
After this Act takes effect, the requests to make report, appear, or submit books
or documents by the Minister of Labor, the Labor Relations Commission, or a labor
inspector to an employer or a worker in accordance with the former provisions shall
be deemed to have been made under this Act.
Article 3 (Transitional Measures as to Labor Contract, etc.)
After this Act takes effect, a labor contract, rules of employment, or dormitory rules,
which has been concluded in accordance with the former provisions, shall be deemed
to have been concluded under this Act.
Article 4 (Transitional Measures as to Advance Notice of Dismissal)
After this Act takes effect, an advance notice of dismissal which has been made in
accordance with the former provisions shall be deemed to have been made under this
Act.
Article 5 (Transitional Measures as to Retirement Allowances System)
After this Act takes effect, a retirement allowance scheme established, or retirement
allowance paid by adjusting the balances of remuneration before retirement in accordance
with the former provisions shall be deemed to have been established or paid under this Act.
Article 6 (Transitional Measures as to Holidays, etc.)
After this Act takes effect, holidays or leaves which employers have granted to workers
in accordance with the former provisions shall be deemed to have been granted under
this Act.
Article 7 (Transitional Measures as to Accident Compensation)
After this Act takes effect, accident compensation which has been made in accordance
with the former provisions shall be deemed to have been made under this Act.
Article 8 (Transitional Measures as to Validity of Written Agreement)
After this Act takes effect, a written agreement between an employer and a representative
of workers or an agreement between an employer and workers which has been made in
accordance with the former provisions shall be deemed to have been made under this
Act.
Article 9 (Transitional Measures as to Validity of Consent)
After this Act takes effect, consent which has been obtained from a trade union, majority
of workers, workers, a person who is entitled to receive compensation, or a person
who represents the majority of workers lodging in a dormitory in accordance with
the former provision shall be deemed to have been obtained under this Act.
Article 10 (Transitional Measures as to Validity of Claim, etc.)
After this Act takes effect, a claim or a request which a worker has made to the Minister
of Labor, the Labor Relations Commission, or an employer in accordance with the former
provisions shall be deemed to have been made under this Act.
Article 11 (Transitional Measures as to Validity of Report)
After this Act takes effect, report which an employer has made to the Minister of
Labor in accordance with the former provisions shall be deemed to have been made
under this Act.
Article 12 (Transitional Measures as to Validity of Approval, etc.)
After this Act takes effect, the actions of approval, acknowledgement, order, investigation,
arbitration, or cancellation of approval which have been conducted by the Minister
of Labor or the Labor Relations Commission in accordance with the former provisions shall be deemed to have been conducted under this Act.
Article 13 (Transitional Measures as to Validity of Employment Permit, etc.)
(1) After this Act takes effect, an employment permit, identification card, a letter
of order for investigation, or a letter of order for a medical examination which
has been issued by the Minister of Labor in accordance with the former provisions
shall be deemed to have been issued under this Act.
(2) After this act takes effect, in cases where a minor aged above thirteen and under
fifteen who is employed requests the Minister of Labor to issue an employment permit
within 3 months after the enforcement of this Act, the Minister of Labor shall issue
an employment permit.
Article 14 (Transitional Measures as to Penal Provisions)
Application of penal provisions to the actions prior to the enforcement of this Act
shall be in accordance with the former provisions of this Act.
Article 15 (Relationship with other Enactments)
After this Act takes effect, any citation in other enactments from the former Labor
Standards Act or the provisions of the Act shall be construed as citing this Act
or corresponding provisions of this Act in place of former provisions, where there
are corresponding provisions in this Act.
Addenda <Act No. 5473, Dec. 24, 1997>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of promulgation.
Article 2 (Transitional Measures as to Preferential Reimbursement for Wage Claim)
(1) Notwithstanding the revisional provision of subparagraph 2 of Article 37 (2),
the retirement allowance for continuous work years after March 29, 1989 shall be
subject to preferential reimbursement for a worker who retired before this Acts is
enforced.
(2) Notwithstanding the revisional provision of subparagraph 2 of Article 37 (2),
the amount which is subject to preferential reimbursement shall be calculated, for
a worker who is hired before the enforcement of this Act and retires after the enforcement, by adding the retirement allowance for continuous work years between the enforcement
date of this Act and March 29, 1989 to the retirement allowance of final 3 years,
which accrues for continuous work years after this Act is enforced.
(3) The retirement allowance which is subject to preferential reimbursement as prescribed
by paragraph (1) and (2) shall be the amount calculated by average wages of 30 days
for one continuous work year.
(4) The retirement allowance which is subject to preferential reimbursement as prescribed
by paragraphs (1) and (2) shall not exceed the average wages of 250 days.
Addenda <Act No. 5510, Feb. 20, 1998>
This Act shall enter into force on the date of promulgation.
http://www.molab.go.kr/
[http://liberty.direct.at]�[[email protected]]