Article 1(Purpose) #
The purpose of this Decree is to prescribe matters delegated by the Act on the Protection of Temporary Agency Workers, and matters necessary for the enforcement of said Act. <Amended on Jun. 18, 2007; Oct. 29, 2019>
Article 2(Jobs permitted for, and prohibited of, temporary placement of workers) #
(1) "Jobs ... prescribed by Presidential Decree" in Article 5 (1) of the Act on the Protection of Temporary Agency Workers (hereinafter referred to as the "Act") means jobs provided for in Appendix 1. <Amended on Jun. 18, 2007; Oct. 29, 2019>
(2) "Any other job prescribed by Presidential Decree" in Article 5 (3) 5 of the Act means any of the following: <Amended on Jun. 18, 2007; Oct. 29, 2019; Jun. 20, 2025>
1. Jobs to perform dusty work defined in subparagraph 3 of Article 2 of the Act on the Prevention of Pneumoconiosis and Protection of Workers Suffering from Pneumoconiosis;
2. Jobs to issue health management cards pursuant to Article 137 of the Occupational Safety and Health Act;
3. Jobs working as medical personnel defined in Article 2 of the Medical Service Act, and as assistant nurses under Article 15 of the Nursing Act;
4. Jobs working as medical technicians pursuant to Article 3 of the Medical Service Technologists Act;
5. Driving jobs working for passenger transport businesses defined in subparagraph 3 of Article 2 of the Passenger Transport Service Act;
6. Driving jobs working for trucking transport businesses defined in subparagraph 3 of Article 2 of the Trucking Transport Business Act.
Article 2-2(Exemption from mandatory employment) #
"Where a justifiable ground prescribed by Presidential Decree exists" in Article 6-2 (2) of the Act means any of the following: <Amended on Sep. 24, 2014; Oct. 29, 2019>
1. Cases falling under any of Article 7 (1) 1 through 3 of the Wage Claim Guarantee Act;
2. Where it is impossible to continue business due to natural disasters, war, or other unforeseen circumstances.
[This Article Added on Jun. 18, 2007]
Article 3(Detailed criteria for granting permission) #
Criteria for assets, facilities, etc. of a temporary work agency pursuant to Article 9 (2) of the Act shall be as follows: <Amended on Jun. 18, 2007; Jun. 30, 2009; Oct. 29, 2019>
1. The temporary work agency shall be a business or workplace employing at least five full-time workers (excluding temporary agency workers) covered by employment insurance, national pension, industrial accident compensation insurance, and national health insurance;
2. The temporary work agency shall have capital of at least 100 million won (in cases of individuals, referring to their appraised asset value);
3. The temporary work agency shall have an office with an area exceeding 20 square meters for exclusive use.
Article 4(Limitation on use of temporary agency workers) #
"Period prescribed by Presidential Decree" in Article 16 (2) of the Act means two years; provided, where the relevant business or workplace has a union comprised of a majority of workers, and obtains consent of the union (referring to a person representing a majority of workers if no trade union is comprised of a majority of workers), such period shall be six months. <Amended on Jun. 18, 2007; Oct. 29, 2019>
Article 4-2(Scope of information to be provided, and methods of providing information) #
(1) Information with which a user company is required to provide a temporary work agency pursuant to Article 20 (2) of the Act shall be the following information regarding the workers performing the same or similar types of duties that temporary agency workers perform in the user company: <Amended on Oct. 29, 2019>
1. Whether a worker is employed, and the number of workers;
2. Wages and details of wages;
3. Matters related to the start time and finish time of the working day, and recess hours;
4. Matters related to holidays and leaves;
5. Matters related to overtime, night-shift and holiday work;
6. Matters related to safety and health;
7. Matters related to use of welfare facilities;
8. Except as otherwise expressly provided for in subparagraphs 2 through 7, working conditions subject to discriminatory treatment.
(2) A user company shall provide the information prescribed in each subparagraph of paragraph (1) to a temporary work agency in writing.
[This Article Added on Jun. 18, 2007]
Article 5(Causes attributable to user companies) #
"Causes attributable to a user company, which are prescribed by Presidential Decree" in the former part of Article 34 (2) of the Act means any of the following: <Amended on Oct. 29, 2019>
1. Where a user company terminates a contract on temporary placement of a worker without just cause;
2. Where a user company fails to pay for the temporary placement of workers in breach of a contract on temporary placement of workers without just cause.
Article 6(Delegation of authority) #
The Minister of Employment and Labor may delegate any of the following authority to the head of a local employment and labor office pursuant to Article 41 of the Act: <Amended on Jun. 18, 2007; Jul. 12, 2010; Jun. 12, 2012; Sep. 18, 2014; Oct. 29, 2019>
1. Granting permission, permission for revision, and permission for renewal to temporary work agencies, and accepting reports on revised matters from temporary work agencies pursuant to Articles 7 (1) and (2) and 10 (2) of the Act;
2. Accepting reports on closure from temporary work agencies pursuant to Article 11 (1) of the Act;
3. Revoking permission of temporary work agencies, and suspending business thereof pursuant to Article 12 of the Act;
4. Receipt of business reports pursuant to Article 18 of the Act;
5. Taking measures for closure, etc. pursuant to Article 19 of the Act;
5-2. Requiring the submission of reports on the status of compliance with a corrective order finalized under Article 15 (1) of the Act on the Protection of Fixed-Term and Part-Time Employees, which applies mutatis mutandis under Articles 21 (3), 21-2 (4) and 21-3 (2) of the Act, and receiving reports on non-compliance with a corrective order finalized under paragraph (2) of the same Article;
5-3. Requiring the elimination of discriminatory treatment pursuant to Articles 21-2 (1) and 21-3 (1) of the Act, and giving notice of discriminatory treatment pursuant to Article 21-2 (2) of the Act (including cases applied mutatis mutandis pursuant to Article 21-3 (2) of the Act);
6. Providing guidance and advice pursuant to Article 36 of the Act;
7. Issuing an improvement order pursuant to Article 37 of the Act;
8. Issuing an order to report, and conducting a visit, inspection, and inquiry pursuant to Article 38 of the Act;
9. Requesting the submission of data pursuant to Article 39 of the Act;
10. Imposing and collecting fines for negligence pursuant to Article 46 of the Act.
Article 6-2(Handling of sensitive information and personally identifiable information) #
The Minister of Employment and Labor (including persons to whom authority of the Minister of Employment and Labor is delegated pursuant to Article 6) or the Labor Relations Commission may handle criminal history records referred to in subparagraph 2 of Article 18 of the Enforcement Decree of the Personal Information Protection Act and data containing resident registration numbers or alien registration numbers provided for in subparagraph 1 or 4 of Article 19 of the same Decree, if it is essential to conduct the following: <Amended on Oct. 29, 2019>
1. Affairs regarding permission, or reporting on the revision, of temporary work agencies pursuant to Article 7 of the Act;
2. Affairs regarding verification of grounds for disqualification from obtaining permission pursuant to Article 8 of the Act;
3. Affairs regarding permission for renewal of temporary work agencies pursuant to Article 10 (2) of the Act;
4. Affairs regarding reporting on the closure of temporary work agencies pursuant to Article 11 of the Act;
5. Affairs regarding business reports submitted by temporary work agencies pursuant to Article 18 of the Act;
6. Affairs regarding requests to eliminate discriminatory treatment against temporary agency workers pursuant to Article 21 of the Act.
[This Article Added on Jan. 6, 2012]
Article 6-3 #
Deleted. <Dec. 24, 2018>
Article 7(Guidelines for imposing administrative fines) #
Guidelines for imposing administrative fines pursuant to Article 46 (1) through (5) of the Act shall be as specified in Appendix 2.
[This Article Wholly Amended on Mar. 30, 2011]