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LABOR STANDARDS ACT — 법갈피

영문법령 / LABOR STANDARDS ACT

LABOR STANDARDS ACT

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CHAPTER I GENERAL PROVISIONS

Article 1(Purpose) #

The purpose of this Act is to establish the standards for terms and conditions of employment in conformity with the Constitution, thereby securing and improving the fundamental living standards of employees and achieving a well-balanced development of the national economy.

Article 2(Definitions) #

(1) The terms used in this Act are defined as follows: <Amended on Mar. 20, 2018; Jan. 15, 2019; May 26, 2020>

1. The term "employee" means a person, regardless of the kind of occupation, who offers labor to business or a workplace for the purpose of earning wages;

2. The term "employer" means a business owner, or a person responsible for the management of business, or a person who acts on behalf of a business owner with respect to matters relating to employees;

3. The term "work" means both mental work and physical work.

4. The term "labor contract" means a contract which is entered into in order that an employee offers work for which the employer pays its corresponding wages;

5. The term "wages" means wages, salary and any other kinds of money or valuables, regardless of their titles, which the employer pays to an employee as remuneration for work;

6. The term "average wages" means the amount calculated by dividing the total amount of wages paid to a relevant employee during three calendar months immediately before the day grounds for calculating his or her average wages occurred by the total number of calendar days during the three months. This shall apply mutatis mutandis to the employment of less than three months;

7. The term "one week" means seven days including holidays;

8. The term "contractual work hours" means work hours on which employees and their employer have made an agreement within the limit of work hours under Article 50 or the main clause of Article 69 of this Act, or under Article 139 (1) of the Occupational Safety and Health Act;

9. The term "part-time employee" means an employee whose contractual work hours per week are shorter than those of a full-time employee engaged in the same kind of work at the workplace concerned.

Article 33(Charges for Compelling Compliance) #

(1) The Labor Relations Commission shall impose charges for compelling compliance not exceeding 30 million won on an employer who fails to comply with an order for remedy (including a retrial decision on the order for remedy; hereafter in this Article the same shall apply) within the deadline for complying with the order after such order is issued. <Amended on May 18, 2021>

(2) The Labor Relations Commission shall give the employer a prior notice in writing to the effect that the charge for compelling performance will be imposed and collected, by not later than 30 days before it is imposed pursuant to paragraph (1).

(3) The imposition of charge for compelling performance pursuant to paragraph (1) shall be made in writing specifying the amount of the charge for compelling performance, grounds for imposition, payment deadline, receiving institutions, methods of raising an objection, agency to which an objection may be raised, etc.

(4) The kinds of violation subject to the imposition of the charge for compelling performance under paragraph (1), amounts of imposition by the degree of violation, procedures for return of the charge for compelling performance imposed and collected, and other necessary matters shall be prescribed by Presidential Decree.

(5) The Labor Relations Commission may impose and collect the charge for compelling performance provided for in paragraph (1) repeatedly within the limit of two times per year from the date when it issues the first order for remedy, until the order for remedy is complied with by the person subject to the order for remedy. In such cases, the charge for compelling performance shall not be imposed and collected for more than two years.

(6) The Labor Relations Commission shall not impose an additional charge for compelling performance if the order for remedy is complied with, but shall collect the charge for compelling performance already imposed before the order for remedy is complied with.

(7) If the person liable to pay the charge for compelling performance fails to pay it by the due date for payment, the Labor Relations Commission may urge him/her to pay it within a fixed period, and, if the charge for compelling performance provided for in paragraph (1) is not paid within the fixed period, collect it in the same manner as delinquent national taxes are collected.

(8) When the employer subject to the order for remedy fails to comply with it by the deadline for execution thereof, the employee concerned may inform the Labor Relations Commission thereof within 15 days after such deadline has expired.

Article 43-2(Disclosure of Names of Business Owners in Arrears) #

(1) Where at least twice of conviction against the business owner (including the representative person in cases of a corporation; hereinafter referred to as "business owner in arrear") who fails to pay wages, compensations, allowances, or any other money or valuable pursuant to Articles 36, 43, 51-3, 52 (2) 2, and 56 (hereinafter referred to as "wages, etc.") are upheld due to his or her failure to pay the wages, etc. within three years prior to the date of disclosure of name, and the total amount of money in arrear with the wages, etc. during the period of one year prior to the date of the said disclosure is at least 30 million won, the Minister of Employment and Labor may disclose his or her personal information, etc.: Provided, That this shall not apply where the disclosure of name is not effective due to death or closure of business of the business owner in arrear or where other reasons as prescribed by Presidential Decree exist. <Amended on May 26, 2020; Jan. 5, 2021>

(2) Upon disclosing the name pursuant to paragraph (1), the Minister of Employment and Labor shall provide the business owner in arrear with an opportunity to explain by fixing a period of at least three months for such explanation.

(3) In order to review as to whether or not the personal information, etc. of the business owner in arrear should be disclosed pursuant to paragraph (1), the Committee for Review of Information on Overdue Wages (hereafter referred to as the "Committee" in this Article) shall be established within the Ministry of Employment and Labor. In such cases, necessary matters, such as structure and operation, etc. of the Committee, shall be prescribed by Ordinance of the Ministry of Employment and Labor.

(4) Details, period and method, etc. of disclosure of name under paragraph (1) and other necessary matters for the disclosure shall be prescribed by Presidential Decree.

[This Article Newly Inserted on Feb. 1, 2012]

Article 43-2(Disclosure of Names of Business Owners in Arrears) #

(1) If a business owner (including the representative in the case of a corporation; hereinafter referred to as “business owners in arrears”) has been convicted twice of failing to pay wages, compensations, allowances, retirement benefits under Article 12 (1) of the Act on the Guarantee of Employee’s Retirement Benefits, or any other money or valuables pursuant to Articles 36, 43, 51-3, 52 (2) 2, and 56 (hereinafter referred to as "wages, etc.") fails to pay the wages, etc. within three years prior to the date of disclosure of the name, and the total amount in arrears within one year before the disclosure is at least 30 million won, the Minister of Employment and Labor may disclose his or her personal information, etc.: Provided, That this shall not apply where the disclosure of the name would be ineffective due to the death of the business owner, the closure of the business, or other circumstances prescribed by Presidential Decree. <Amended on May 26, 2020; Jan. 5, 2021; Oct. 22, 2024>

(3) In order to deliberate on whether personal information, etc. of the business owner in arrears shall be disclosed pursuant to paragraph (1) and matters relating to business owners habitually in arrears under Article 43-4, a Committee for Review of Information on Overdue Wages (hereafter in this Article and Article 43-4 referred to as the "Committee") shall be established within the Ministry of Employment and Labor. In such cases, necessary matters, such as the structure and operation of the Committee, shall be prescribed by Ordinance of the Ministry of Employment and Labor. <Amended on Oct. 22, 2024>

(4) A member of the Committee who is not a public official shall be deemed a public official for purposes of applying Articles 127, and 129 through 132 of the Criminal Act. <Newly Inserted on Oct. 22, 2024>

(5) Details, period, methods, etc. of the disclosure under paragraph (1) and other necessary matters for the disclosure shall be prescribed by Presidential Decree. <Amended on Oct. 22, 2024>

[This Article Newly Inserted on Feb. 1, 2012]

[Enforcement Date: Oct. 23, 2025] Article 43-2

Article 43-4(Restrictions on Subsidies and Support for Business Owners Habitually in Arrears) #

(1) The Minister of Employment and Labor may designate any of the following persons (including the representative in the case of a corporation) as a business owner habitually in arrears (hereinafter referred to as "business owner habitually in arrears") after deliberation by the Committee:

1. A business owner who has failed to pay at least three months’ wages, etc. (excluding retirement benefits, etc. under Article 12 (1) of the Act on the Guarantee of Employees' Retirement Benefits) to an employee in the year immediately preceding the year which includes the date of provision of data on delayed payment of wages, etc.;

2. A business owner who has failed to pay wages, etc. at least five times in the year immediately preceding the year which includes the date of provision of data on delayed payment of wages, etc., and the total amount of arrears is at least 30 million won.

(2) Upon designating the business owner habitually in arrears pursuant to paragraph (1), the Minister of Employment and Labor shall provide the business owner with an opportunity to explain within a specified period of at least three months.

(3) The Minister of Employment and Labor may request the head of a central administrative agency, a local government, or a public institution prescribed by Presidential Decree (hereinafter referred to as "head of a central administrative agency, etc.") to take the following measures against a business owner habitually in arrears and may provide him or her with data on delayed payment of wages, etc., and upon receiving a request for data on delayed payment of wages, etc. of the business owner habitually in arrears from the head of a central administrative agency, etc. for the purpose of taking the following measures, may provide the data:

1. Exclusion from participation in various subsidy or support projects under the Subsidy Management Act, the Act on Local Government Subsidy Management, or individual statutes, or restrictions on receiving subsidies;

2. Imposition of disadvantage measures, such as points deduction, in the case of a pre-qualification for participation in tendering or the examination and determination of successful tenderers under the Act on Contracts to which the State Is a Party or the Act on Contracts to which a Local Government Is a Party.

(4) A person who is provided with data on delayed payment of wages, etc. of a business owner habitually in arrears under paragraph (3) shall not use or disclose such data for any purpose other than those prescribed in the subparagraphs of paragraph (3).

(5) The proviso of Article 43-3 (1) and Article 43-3 (3) shall apply mutatis mutandis to the procedures and methods for providing data on delayed payment of wages, etc. under paragraph (3).

(6) Other matters necessary for the calculation of three months' wages under paragraph (1) 1, the calculation of the number of arrears of wages, etc. under paragraph (1) 2, the provision of opportunities for explanation under paragraph (2), the period for providing data on delayed payment of wages, etc. under paragraph (3), etc. shall be prescribed by Presidential Decree.

[This Article Newly Inserted on Oct. 22, 2024]

[Enforcement Date: Oct. 23, 2025] Article 43-4

Article 43-6(Disclosure of List of Names of Business Owners in Arrears) #

(1) In order to perform duties relating to, among other things, the disclosure of the list of business owners in arrears under Article 43-2, the provision of data on delayed payment of wages, etc. under Article 43-3, and restrictions on subsidies and support by the heads of central administrative agencies, etc. for business owners habitually in arrears under Article 43-4, the Minister of Employment and Labor may request any of the following data or the use of relevant computer networks (hereinafter referred to as "provision of data, etc.") from the following persons:

1. Corporate registration certificates of the business owners in arrears from the Minister of the National Court Administration;

2. Data on global income under Article 4 (1) 1 of the Income Tax Act, income under Article 4 (1) 1 of the Corporate Tax Act, and business registration under Article 8 of the Value-Added Tax Act, Article 111 of the Corporate Tax Act, and Article 168 of the Income Tax Act of the business owner in arrears, from the Commissioner of the National Tax Service;

3. Data on global income under Article 4 (1) 1 of the Income Tax Act of employees whose wages, etc. are in arrears, from the Commissioner of the National Tax Service;

4. Data on the average monthly remuneration under Article 16-3 of the Act on the Collection of Insurance Premiums for Employment Insurance and Industrial Accident Compensation Insurance, for employees whose wages, etc. are in arrears, the acquisition of insured status under Articles 13 and 15 of the Employment Insurance Act, and advance payments under Articles 7, 7-2, and 8 of the Wage Claim Guarantee Act, of the business owners in arrears, from the Korea Workers' Compensation and Welfare Service.

(2) The Minister of Employment and Labor may provide the Korea Workers' Compensation and Welfare Service with information prescribed by Presidential Decree, such as wages of the relevant employees and the service periods, to obtain data on the monthly average remuneration and the acquisition of insured status under paragraph (1) 4.

(3) A person who is requested to provide data, etc. under paragraph (1) shall comply with such request, unless there is good cause.

[This Article Newly Inserted on Oct. 22, 2024]

[Enforcement Date: Oct. 23, 2025] Article 43-6

Article 44-3(Special Case concerning Wages under Contract for Construction Works) #

(1) Where a concluded contract for construction work falls under any of the following subparagraphs, an immediate upper tier contractor shall directly pay the employees employed by a subcontractor an amount of money equivalent to wages (limited to wages arising from the construction works concerned) that the subcontractor shall pay at the request of employees employed by such subcontractor, within the obligation extent of the subcontract cost the immediate upper tier contractor shall pay to the subcontractor:

1. Where the immediate upper tier contractor has agreed with the subcontractor with respect to the intention that the immediate upper tier contractor may directly pay wages that the subcontractor is liable to pay to employees employed by the subcontractor and the method of and procedure for such payment;

2. Where there is an order for payment decided under subparagraph 3 of Article 56 of the Civil Execution Act, an execution deed proving that employees have a claim for wages to a subcontractor under subparagraph 4 of Article 56 of that Act, a decision of advice of performance made pursuant to Article 5-7 of the Trial of Small Claims Act, or other title of debt corresponding to such items as above;

3. Where the subcontractor informs the immediate upper tier contractor that he or she has obligation to pay wages to his or her employees and the immediate upper tier contractor recognizes that the subcontractor has evident reasons to be unable to pay wages due to such reasons as bankruptcy, etc.

(2) When a contract for construction work has been subcontracted down two or more levels from a contractor (hereinafter referred to as "prime contractor") of a person awarding a contract under subparagraph 10 of Article 2 of the Framework Act on the Construction Industry, where employees employed by a subcontractor (including any subcontractor who has been awarded a sub-subcontract by a subcontractor who has been awarded a contract; hereafter the same shall apply in this paragraph) have a title of debt under paragraph (1) 2 to such subcontractor, employees may request the prime contractor to pay directly an amount of money equivalent to wages (limited to wages arising from the construction works concerned) which a subcontractor is to pay. The prime contractor shall comply with such request to the extent of the amount of money for which employees are entitled to exercise the subrogation right of a creditor under Article 404 of the Civil Act to themselves. <Amended on May 24, 2011>

(3) Where an immediate upper tier contractor or a prime contractor has paid the amount of money equivalent to wages to employees employed by a subcontractor pursuant to paragraphs (1) and (2), it shall be deemed that the obligation to pay the subcontract price to a subcontractor has expired within such extent.

[This Article Newly Inserted on Jul. 27, 2007]

Article 51-2(Flexible Work Hours System Exceeding Three Months) #

(1) When an employer has determined matters falling under the following subparagraphs by a written agreement with the representative of employees, the employer may extend work hours in excess of those as referred to in Article 50 (1) in a particular week, or may extend work hours in excess of those as referred to in Article 50 (2) in a particular day, to the extent that average work hours per week during a certain unit period of more than three months and not more than six months that do not exceed the work hours referred to in Article 50 (1): Provided, That work hours in any particular week or in any particular day shall not exceed 52 hours or 12 hours respectively:

1. The scope of employees to whom the agreement is applicable.

2. Unit period (It shall be determined as a fixed period within six months and exceeding three months);

3. Work hours by week during the unit period;

4. Other matters prescribed by Presidential Decree.

(2) If an employer orders a worker to work pursuant to paragraph (1), the employer shall give the worker an 11-hour or more of an uninterrupted recess starting from the end of a working day until the beginning of the next working day: Provided, That if it is inevitable to be prescribed by Presidential Decree, such as a natural disaster, it shall be followed if there is a written agreement with the representative of employees.

(3) An employer shall notify an employee of the work hours of each working day of the relevant week by not later than two weeks before the beginning of the working days of each week referred to in paragraph (1) 3.

(4) When there arises an unavoidable cause, such as a natural disaster, mechanical malfunction, and rapid increase in the quantity of work, which was unexpected at the time of a written agreement with the representative of employees referred to in paragraph (1), the employer may change the matters referred to in paragraph (1) 3 after consulting with the representative of employees within the unit period of paragraph (1) 2. In such cases, the relevant employee shall be notified of the changed work hours of each working day before the changed working day commences.

(5) Every employer shall, if the employer employs an employee falling under paragraph (1), adjust or establish wage items so that the existing wage level does not decrease, or prepare wage conservation measures such as payment of additional wages and report them to the Minister of Employment and Labor: Provided, That the foregoing shall not apply where a plan for wage conservation has been prepared by a written agreement with the representative of employees.

(6) The provisions of paragraphs (1) through (5) shall not apply to employees aged 15 years or older and under 18 years or to female employees who are pregnant.

[This Article Newly Inserted on Jan. 5, 2021]

Article 52(Selective Work Hours System) #

(1) When an employer has determined the matters falling under the following subparagraphs by a written agreement with the representative of employees with regard to employees who are allowed to decide on their own beginning and finishing time of work pursuant to the rules of employment (including other rules equivalent thereto), he or she may extend weekly work hours beyond those referred to in Article 50 (1) and daily work hours beyond those referred to in Article 50 (2), to the extent that average work hours per week during the period of adjustment set within the limit of a month (In the case of research and development of new products or new technologies, it shall be three months) do not exceed the work hours referred to in Article 50 (1): <Amended on Jan. 5, 2021>

1. Scope of employees to whom the above provisions shall apply (excluding those employees at the age of not less than 15 and less than 18);

2. Adjustment period;

3. Total work hours during the adjustment period;

4. Starting and ending time of work hours during which work must be provided, if so required;

5. Starting and ending time of work hours which employees are allowed to determine;

6. Other matters prescribed by Presidential Decree.

(2) Where an employer sets an adjustment period exceeding one month pursuant to paragraph (1), the employer shall take the following measures: <Newly Inserted on Jan. 5, 2021>

1. The employer shall give employees at least 11 hours of an uninterrupted recess starting from the end of a working day until the beginning of the next working day: Provided, That if it is inevitable to be prescribed by Presidential Decree, such as a natural disaster, it shall be followed if there is a written agreement with the representative of employees;

2. For the hours during which the average weekly work hours per month exceed the work hours under Article 50 (1), an additional amount equivalent to at least 50/100 of the ordinary wages shall be paid to employees: Article 56 (1) shall not apply in such cases.

Article 53(Restrictions on Extended Work) #

(1) Where an agreement is made between the parties, work hours referred to in Article 50 may be extended by up to 12 hours per week.

(2) Where an agreement is made between the parties, work hours referred to in Articles 51 and 51-2 may be extended by up to 12 hours per week, and work hours referred to in Article 52 (1) may be extended by up to 12 hours per week averaged during the adjustment period as referred to in 52 (1) 2. <Amended on Jan. 5, 2021>

(3) Where an employer who regularly employs less than 30 employees makes a written agreement on the following matters with the representative of employees, he or she may extend work hours insofar as the work hours do not exceed eight hours per week, in addition to the extended work hours under paragraph (1) or (2): <Newly Inserted on Mar. 20, 2018>

1. Reasons why it is necessary to exceed the extended work hours under paragraph (1) or (2), and the period;

2. The scope of employees to whom the agreement is applicable.

(4) Under special circumstances, an employer may extend work hours referred to in paragraphs (1) and (2) with the authorization of the Minister of Employment and Labor and the consent of employees: Provided, That where the employer does not have enough time to obtain authorization from the Minister of Employment and Labor as the situation is urgent, he or she shall, without delay, obtain approval from the Minister of Employment and Labor after the extension of work hours. <Amended on Jun. 4, 2010; Mar. 20, 2018>

(5) Where the Minister of Employment and Labor deems that the extension of work hours referred to in paragraph (4) is not appropriate, he or she may order the employer to give employees recess hours or leaves of absence corresponding to the extended work hours. <Amended on Jun. 4, 2010; Mar. 20, 2018>

(6) Paragraph (3) shall not be applicable to employees aged 15 and less than 18 years. <Newly Inserted on Mar. 20, 2018>

(7) Each employer shall take appropriate measures, as prescribed by the Minister of Employment and Labor, such as providing health examinations or granting hours of rest, for the protection of the health of employees on extended work under paragraph (4). <Newly Inserted on Jan. 5, 2021>

[The amended provisions of Articles 53 (3) and 53 (6) of the Act No. 15513 (Mar. 20, 2018) shall remain effective until December 31, 2022 pursuant to Article 2 of the Addenda of that Act]

Article 60(Annual Paid Leave) #

(1) Every employer shall grant any employee who has worked not less than 80 percent of one year a paid leave of 15 days. <Amended on Feb. 1, 2012>

(2) Every employer shall grant any employee who has continuously worked for less than one year or who has worked less than 80 percent of one year one paid-leave day for each month during which he or she has continuously worked. <Amended on Feb. 1, 2012>

(3) Deleted. <Nov. 28, 2017>

(4) Every employer shall grant any employee who has continuously worked for not less than three years the paid-leave days that are calculated by adding one day for every two continuously working years not including the first one year to the 15 paid-leave days referred to in paragraph (1). In such cases, the total number of paid-leave days, including the additional paid-leave days, shall not exceed 25 days.

(5) Every employer shall grant the paid leave referred to in paragraphs (1) through (4) at the time when an employee files a claim therefor, and pay the employee an ordinary wage or an average wage during the period of paid leave as prescribed by the rules of employment, etc.: Provided, That in the event that granting the employee a paid leave at the time when such employee wants to take the paid leave greatly impedes the business operation, the relevant employer may change the time of the paid leave.

(6) In applying paragraphs (1) and (2), any of the following periods shall be deemed the period of attendance at work: <Amended on Feb. 1, 2012; Nov. 28, 2017; Oct. 22, 2024>

1. Period during which an employee takes time off due to any injury or sickness arising out of duty;

2. Period during which a woman in pregnancy takes time off due to the leave under Article 74 (1) through (3);

3. Period during which an employee takes time off on child-care leave under Article 19 (1) of the Equal Employment Opportunity and Work-Family Balance Assistance Act.

4. Working hours reduced by using reduced working hours for a period of childcare under Article 19-2 (1) of the Equal Employment Opportunity and Work-Family Balance Assistance Act;

5. Working hours reduced by using reduced working hours during pregnancy under Article 74 (7).

(7) The paid leave referred to in paragraphs (1), (2), and (4) shall, if it is not taken for one year (the paid leave under paragraph (2) of an employee who has continuously worked for less than one year refers to the period until the end of the first one year of employment), be terminated by time limitation: Provided, That the same shall not apply where the paid leave is not taken for reasons attributable to the employer. <Amended on Mar. 31, 2020>

Article 61(Urging Employees to Take Annual Paid Leave) #

(1) Where any employee's paid leave is terminated by time limitation pursuant to the main clause of Article 60 (7) because the employee fails to take his or her paid leave although the relevant employer has taken the following measures to urge employees to take the paid leave under Article 60 (1), (2), and (4) (excluding the paid leave under Article 60 (2) of an employee who has continuously worked for less than one year), the relevant employer shall not be liable to indemnify the employee for his or her failure to take the paid leave, which shall be deemed not to fall under the reasons attributable to the employer under the proviso of Article 60 (7): <Amended on Feb. 1, 2012; Nov. 28, 2017; Mar. 31, 2020>

2. Notwithstanding the urge referred to in subparagraph 1, if the employee fails to set a period during which he or she is planning to take all or part of the remaining paid leave and to notify it to the employer, within 10 days from the date he or she is urged to take the paid leave, the employer shall set a period for such remaining paid leave and notify it to the employee in writing, not later than two months before the period under the main clause of Article 60 (7) expires.

(2) Where the paid leave of an employee who has continuously worked for less than one year is terminated by time limitation pursuant to the main clause of Article 60 (7) because the employee fails to take his or her paid leave although the relevant employer has taken the following measures to urge employees to take the paid leave under Article 60 (2), the relevant employer shall not be liable to indemnify the employee for his or her failure to take the paid leave, which shall be deemed not to fall under the reasons attributable to the employer under the proviso of Article 60 (7): <Newly Inserted on Mar. 31, 2020>

1. An employer shall inform each employee of the number of days of his or her paid leave not taken and shall urge in writing the employee to set a period during which he or she is planning to take the remaining paid leave and to notify it to the employer, within 10 days as of the date prior to three months before the first one year of employment period ends: Provided, That the employee shall be urged to notify the employer regarding the paid leave occurring after the employer’s written urge, within five days as of the date prior to one month before the first one year of employment period ends;

2. Notwithstanding the urge referred to in subparagraph 1, if the employee fails to set a period during which he or she is planning to take all or part of the remaining paid leave and to notify it to the employer, within 10 days from the date he or she is urged to take the paid leave, the employer shall set a period for such remaining paid leave and notify it to the employee in writing, not later than one month before the first one year of employment period ends: Provided, That the employer shall give written notice regarding the paid leave urged pursuant to the proviso of subparagraph 1, not later than 10 days before the first one year of employment period ends.

Article 74(Protection for Maternity) #

(1) An employer shall grant a pregnant woman a total of a 90-day maternity leave (120-day maternity leave, if she is pregnant with at least two children at a time) before and after childbirth. In such cases, at least 45 days (60 days, if she is pregnant with two or more children at a time) of the leave period after childbirth shall be allowed. <Amended on Feb. 1, 2012; Jan. 21, 2014>

(2) Where a pregnant female employee requests the leave under paragraph (1) due to her experience of miscarriage or other reasons prescribed by Presidential Decree, an employer shall allow her to use the leave at multiple times any time before her childbirth. In such cases, the period of leave after the childbirth shall be at least 45 days (60 days, if she is pregnant with at least two children at a time) consecutively. <Newly Inserted on Feb. 1, 2012; Jan. 21, 2014>

(3) Where a pregnant woman has a miscarriage or stillbirth, an employer shall, upon the relevant employee's request, grant her a miscarriage/stillbirth leave, as prescribed by Presidential Decree: Provided, That the same shall not apply to any abortion carried out by artificial termination of pregnancy (excluding cases under Article 14 (1) of the Mother and Child Health Act). <Amended on Feb. 1, 2012>

(4) The first 60 days (75 days, if she is pregnant with at least two children at a time) in the period of leave under paragraphs (1) through (3) shall be stipendiary: Provided, That when maternity leave benefits, etc. have been paid under Article 18 of the Equal Employment Opportunity and Work-Family Balance Assistance Act, the obligation to pay shall be exempted up to the relevant amount. <Amended on Dec. 21, 2007; Feb. 1, 2012; Jan. 21, 2014>

(5) No employer shall order a female employee in pregnancy to engage in overtime work, and if there exists a request from the relevant employee, he or she shall transfer her to an easy type of work. <Amended on Feb. 1, 2012>

(6) A business owner shall reinstate her to the same work or to the work for which wages of the same level as before leave are paid after the end of a maternity leave under paragraph (1). <Newly Inserted on Mar. 28, 2008; Feb. 1, 2012>

(7) Where a female employee who has been pregnant for not more than 12 weeks or for not less than 36 weeks requests the reduction of her work hours by two hours a day, the employer shall permit it: Provided, That he or she may permit to reduce her work hours to six hours if her work hours are shorter than eight hours a day. <Newly Inserted on Mar. 24, 2014>

(8) No employer shall reduce an employee's wages for reason of reduction of work hours under paragraph (7). <Newly Inserted on Mar. 24, 2014>

(9) Where a pregnant female employee requests to modify the start and end time of work hours while maintaining the contractual daily work hours, the employer shall permit such modification: Provided, That the same shall not apply to cases prescribed by Presidential Decree, such as where the normal operation of business can be significantly impeded. <Newly Inserted on May 18, 2021>

(10) Matters necessary for the methods and procedures for requesting a reduction of working hours under paragraph (7) and the methods, procedures, etc. for requesting the modification of the start and end time of work hours under paragraph (9) shall be prescribed by Presidential Decree. <Newly Inserted on Mar. 24, 2014; May 18, 2021>

Article 74(Protection for Maternity) #

(1) An employer shall grant a pregnant woman 90 days of maternity leave (100 days for a pregnant woman who gave birth to a premature baby, and 120 days for a pregnant woman who is pregnant with two or more children at a time) before and after childbirth. In such cases, the period of leave shall be allocated at least 45 days (60 days for a pregnant woman who gave birth to two or more children at a time) after childbirth, and matters necessary for the scope of premature babies, procedures for granting leave, etc. shall be prescribed by Ordinance of the Ministry of Employment and Labor. <Amended on Feb. 1, 2012; Jan. 21, 2014; Oct. 22, 2024>

(7) Where a female employee within 12 or 32 weeks of pregnancy (referring to the entire period of pregnancy in the case of a female employee at risk of miscarriage, premature birth, etc. prescribed by Ordinance of the Ministry of Employment and Labor) applies for a reduction of working hours by two hours per day, an employer shall grant such application: Provided, That an employee whose working hours per day are less than eight hours may be permitted to reduce her working hours to six hours per day. <Newly Inserted on Mar. 24, 2014; Oct. 22, 2024>

(8) No employer shall reduce an employee's wages for reason of reduction of work hours under paragraph (7). <Newly Inserted on Mar. 24, 2014>

[Enforcement Date: Feb. 23, 2025] Articles 74 (1) and 74 (7)

Article 76-3(Measures in Cases of Workplace Harassment) #

(1) Anyone who has learned the occurrence of workplace harassment may report such fact to the employer.

(2) Where an employer receives a report under paragraph (1) or becomes aware of the occurrence of workplace harassment, the employer shall, without delay, conduct an objective investigation of the persons involved to ascertain the fact. <Amended on Apr. 13 2021>

(3) Where necessary to protect employees who suffer or claim to suffer workplace harassment (hereinafter referred to as "victimized employees, etc.") while investigation under paragraph (2) is conducted, the employer shall take appropriate measures for the victimized employees, etc., such as transferring their place of work or ordering them a paid leave of absence. In such cases, the employer shall not take measures contrary to the will of the victimized employees, etc.

(4) Where the occurrence of workplace harassment is verified as a result of investigation under paragraph (2), the employer shall take appropriate measures for the victimized employees, etc., such as transferring their place of work, giving them a lateral transfer or ordering them a paid leave of absence, if the victimized employees, etc. make a request.

(5) Where the occurrence of workplace harassment is verified as a result of investigation under paragraph (2), the employer shall, without delay, take necessary measures, such as taking disciplinary measures against the perpetrator of workplace harassment or transferring his or her place of work. In such cases, before taking disciplinary measures, etc., the employer shall hear opinions of the victimized employees, etc. on such measures.

(6) No employer shall dismiss employees who report the occurrence of workplace harassment, victimized employees, etc., or treat them unfavorably.

(7) No person who investigates the occurrence of workplace harassment pursuant to paragraph (2), who receives a report on the details of investigation, or who participates in the investigation process of workplace harassment shall divulge confidential information learned in the course of investigation to any other persons against the will of the victimized employees, etc.: Provided, That the same shall not apply where the investigator reports matters relating to the investigation to the employer or provides necessary information at the request of a relevant institution. <Newly Inserted on Apr. 13 2021>

[This Article Newly Inserted on Jan. 15, 2019]

LABOR STANDARDS ACT

Article 1(Purpose) #

Article 2(Definitions) #

Article 3(Standards of Terms and Conditions of Employment) #

Article 4(Establishment of Terms and Conditions of Employment) #

Article 5(Observance of Terms and Conditions of Employment) #

Article 6(Equal Treatment) #

Article 7(Prohibition of Forced Labor) #

Article 8(Prohibition of Violence) #

Article 9(Elimination of Intermediary Exploitation) #

Article 10(Guarantee of Exercise of Civil Rights) #

Article 11(Scope of Application) #

Article 12(Scope of Application) #

Article 13(Obligations to Report and Appear) #

Article 14(Publicity of Purport of Statutes and Regulations) #

Article 15(Labor Contracts in Violation of This Act) #

Article 16(Term of Contract) #

Article 17(Clear Statement of Terms and Conditions of Employment) #

Article 18(Terms and Conditions of Employment of Part-Time Employees) #

Article 19(Breach of Terms and Conditions of Employment) #

Article 20(Prohibition against Predetermination of Penalty for Breach of Contracts) #

Article 21(Prohibition of Offsetting Wages with Advances) #

Article 22(Prohibition of Compulsory Savings) #

Article 23(Restriction on Dismissal) #

Article 24(Restrictions on Dismissal for Managerial Reasons) #

Article 25(Preferential Reemployment) #

Article 26(Advance Notice of Dismissal) #

Article 27(Written Notice of Grounds for Dismissal) #

Article 28(Request for Remedy from Unfair Dismissal) #

Article 29(Investigation) #

Article 30(Order for Remedy) #

Article 31(Confirmation of Order for Remedy) #

Article 32(Effect of Order for Remedy) #

Article 33(Charges for Compelling Compliance) #

Article 34(Retirement Allowance System) #

Article 35 #

Article 36(Settlement of Payments) #

Article 37(Interest for Delayed Payment of Wages) #

Article 37(Interest for Delayed Payment of Wages) #

Article 38(Preferential Payment for Claims for Wages) #

Article 39(Certificate of Employment) #

Article 40(Prohibition of Interference with Employment) #

Article 41(Register of Employees) #

Article 42(Preservation of Documents in Relation to Contract) #

Article 43(Payment of Wages) #

Article 43-2(Disclosure of Names of Business Owners in Arrears) #

Article 43-2(Disclosure of Names of Business Owners in Arrears) #

Article 43-3(Provision of Data on Delayed Payment of Wages) #

Article 43-3(Provision of Data on Delayed Payment of Wages) #

Article 43-4(Restrictions on Subsidies and Support for Business Owners Habitually in Arrears) #

Article 43-5(Entrustment of Duties) #

Article 43-6(Disclosure of List of Names of Business Owners in Arrears) #

Article 43-7(Prohibition of Departure) #

Article 43-8(Claims for Damages for Overdue Wages) #

Article 44(Payment of Wages for Contract Work) #

Article 44-2(Joint and Several Responsibility for Payment of Wages in Construction Business) #

Article 44-3(Special Case concerning Wages under Contract for Construction Works) #

Article 45(Emergency Payment) #

Article 46(Shutdown Allowances) #

Article 47(Subcontract Employees) #

Article 48(Wage Ledger and Written Wage Statement) #

Article 49(Prescription of Wages) #

Article 50(Work Hours) #

Article 51(Flexible Work Hours System within Three Months) #

Article 51-2(Flexible Work Hours System Exceeding Three Months) #

Article 51-3(Settlement of Wages in Case of Less than Unit Period of Service) #

Article 52(Selective Work Hours System) #

Article 53(Restrictions on Extended Work) #

Article 54(Recess) #

Article 55(Holidays) #

Article 56(Extended, Night or Holiday Work) #

Article 57(Compensatory Leave System) #

Article 58(Special Cases concerning Calculation of Work Hours) #

Article 59(Special Cases concerning Work Hours and Recess Hours) #

Article 60(Annual Paid Leave) #

Article 61(Urging Employees to Take Annual Paid Leave) #

Article 62(Substitution of Paid Leave) #

Article 63(Exclusion from Application) #

Article 64(Minimum Age and Employment Permit Certificate) #

Article 65(Prohibition of Employment) #