Article 1(Purpose) #
The purpose of this Decree is to prescribe matters mandated by the Act on the Employment Improvement of Domestic Workers and matters necessary for the enforcement thereof.
Article 2(Requirements for certification of domestic service providers) #
(1) "Standards prescribed by Presidential Decree, such as the number of workers hired" in Article 7(1)2 of the Act on the Employment Improvement of Domestic Workers (hereinafter referred to as the "Act") means the following:
1. At least 5 full-time domestic workers shall be employed or scheduled to be employed;
2. Domestic workers (excluding those who are not eligible under the relevant statutes) shall be covered by both the following insurance and pension plans:
a. Employment insurance and industrial accident compensation insurance under the Act on the Collection of Insurance Premiums for Employment Insurance and Industrial Accident Compensation Insurance;
b. National health insurance under the National Health Insurance Act;
c. Nation pension under the National Pension Act;
3. Domestic workers shall be paid wages equal to or higher than the minimum wage under Article 5 of the Minimum Wage Act.
(2) "Requirements prescribed by Presidential Decree" in Article 7 (1) 5 of the Act means the following: <Amended on Dec. 31, 2024>
1. At least 1 manager shall be appointed in addition to the representative, provided, if the number of domestic workers is less than 50 and the representative concurrently serves as a manager, a manager may not be appointed separately;
2. At least 50 million won in paid-in capital shall be secured; provided, this requirement shall not apply to non-profit corporations;
3. The provider shall have an office with an area of at least 10 square meters dedicated to the operation of a domestic service provider; provided, where he or she is engaged in fee-charging job placement services under the Employment Security Act and meets the office requirements under the relevant statutes or regulations, he or she shall be deemed to meet the office requirements for a domestic service provider;
4. Where domestic services are being provided pursuant to other statutes, such as the Employment Security Act, the domestic service provider shall operate domestic services there separately as a domestic service provider.
Article 3(Criminal history inquiry) #
(1) If a domestic service provider requests criminal records inquiry pursuant to the main clause of Article 13(1) of the Act, it shall submit a written request for a criminal history inquiry to the commissioner of a City/Do police agency or the chief of a police station having jurisdiction over its principal place of business, along with the following documents, as prescribed by Decree of the Ministry of Employment and Labor:
1. A copy of the certificate of the domestic service provider;
2. Written consent of the persons subject to criminal history inquiry.
(2) If a person who intends to become a domestic worker providing protection and nurturing services for children 12 years of age or younger requests a criminal history inquiry to directly submit a written reply to a criminal history inquiry to a domestic service provider pursuant to the proviso of Article 13(1) of the Act, he or she shall submit a written request for a criminal history inquiry to the commissioner of a City/Do police agency or the chief of a police station, along with the following documents, as prescribed by Decree of the Ministry of Employment and Labor; in such cases, if the commissioner of the City/Do police agency or the chief of the police station can verify the information on the documents referred to in subparagraph 1 through administrative data matching under Article 36(1) of the Electronic Government Act, the submission of documents may be replaced with such verification:
1. Documents verifying the identity of the person;
2. Certificate from a domestic service provider.
(3) If the commissioner of a City/Do police agency or the chief of a police station, upon receiving a request for a criminal history inquiry under paragraph (1) or (2), provides notification under Article 13(3) of the Act, he or she shall issue a written reply to the criminal record inquiry, as prescribed by Decree of the Ministry of Employment and Labor.
Article 4(Terms and conditions of employment to be specified at time of conclusion of employment contract) #
"Matters regarding working conditions prescribed by Presidential Decree" in Article 14(1)5 of the Act means the following:
1. Day of the week or date on which domestic services are available;
2. Hours during which domestic services are available;
3. Areas where domestic services are available.
Article 5(Delivery of documents upon request of domestic workers) #
"Are changed due to reasons prescribed by Presidential Decree, such as a change in the relevant collective agreement or employment rules" in the proviso of Article 14(2) of the Act means any of the following cases:
1. Where paid holidays are replaced with specific working days by agreement in writing with workers' representatives (referring to the relevant labor union where there is a labor union organized by a majority of workers; and where there is no such union, referring to the person who represents a majority of workers; hereinafter the same shall apply) under the proviso of subparagraph 1c of Appendix 1;
2. Cases falling under any subparagraph of Article 8-2 of the Enforcement Decree of the Labor Standards Act.
Article 6(In cases of unavoidable business circumstances) #
"In cases of unavoidable business circumstances prescribed by Presidential Decree" in the proviso of Article 15(1) of the Act means any of the following cases:
1. Sales in the month immediately preceding the month which includes the date for which the minimum working hours are to be determined to be less than 15 hours per week (hereafter in this Article referred to as the "base month") decline at least 30/100 compared with the sales falling under any of the following items:
a. Sales in the same month of the year immediately preceding the year that includes the base month;
b. Average monthly sales for the three months immediately preceding the base month;
c. Average monthly sales of the year immediately preceding the year that includes the base month;
2. Where both the sales of the base month and the average monthly sales of 2 quarters immediately preceding the base month continue to decline by at least 20/100, showing a downward trend.
Article 7(Paid holidays and annual paid leave) #
The detailed calculation standards for paid holidays and annual paid leave under Article 16(2) of the Act, and the amount of wages payable to domestic workers by a domestic service provider (hereinafter referred to as "employer") during the paid holidays and annual paid leave periods shall be as specified in Appendix 1.
Article 8(Subsidization of employment insurance premiums) #
The Minister of Employment and Labor shall publicly notify matters necessary for, among other things, the specific eligibility for, the level and period of, methods and procedures for, subsidization under Article 18(2) of the Act, considering the level of remuneration for domestic workers, their acquisition of insured status, etc. in consultation with the Minister of Health and Welfare.
Article 9(Delegation of authority) #
The Minister of Employment and Labor shall delegate his or her authority over the following matters to the head of a regional employment and labor office pursuant to Article 24(1) of the Act:
1. Certification of domestic service providers, receipt of applications for certification, certification examination, notification and disclosure of certification results, certification of changes, and receipt of reports on changes under Article 7 of the Act;
2. Receipt of reports on business suspension or closure or resumption under Article 10 of the Act;
3. Request for submission of information subject to disclosure under Article 19(2) of the Act;
4. Issuance of orders to enter, inspect, ask questions, report, or submit data under Article 22 of the Act;
5. Issuance of corrective orders, revocation of certification, granting of period to replace representatives or executive officers, and holding of hearings under Article 23 of the Act;
6. Imposition and collection of administrative fines under Article 28 of the Act (excluding the imposition and collection of administrative fines under paragraph (2)3 of that Article).
Article 10(Entrustment of affairs) #
(1) "Tasks prescribed by Presidential Decree" in Article 24(2)3 of the Act means subsidizing employment insurance premiums and pension premiums under Article 18(2) of the Act.
(2) Pursuant to Article 24(2) of the Act, the Minister of Employment and Labor shall entrust the affairs referred to in paragraph (1) in accordance with the following classifications:
1. Subsidization of employment insurance premiums: Entrusted to the Korea Workers' Compensation and Welfare Service under Article 10 of the Industrial Accident Compensation Insurance Act;
2. Subsidization of pension premiums: Entrusted to the National Pension Service under Article 24 of the National Pension Act.
(3) Pursuant to Article 24(2) of the Act, the Minister of Employment and Labor shall entrust the establishment and operation of the computerized system under Article 19(1) of the Act to the Korea Employment Information Service under Article 18 of the Framework Act on Employment Policy.
(4) Pursuant to Article 24(2) of the Act, the Minister of Employment and Labor may entrust affairs relating to fact-finding surveys under Article 21(1) of the Act to the following specialized institutions or organizations:
1. Government-funded research institutes under the Act on the Establishment, Operation and Fostering of Government-Funded Research Institutes;
2. Private research institutes (limited to non-profit corporations under Article 32 of the Civil Act);
3. Other institutions or organizations deemed by the Minister of Employment and Labor to have the human and physical capabilities to perform the entrusted affairs.
(5) If the Minister of Employment and Labor entrusts affairs pursuant to paragraph (4), he or she shall publicly notify the institution to which the affairs are entrusted and the details of the entrusted affairs.
Article 11(Processing of sensitive information and personally identifiable information) #
The Minister of Employment and Labor (including persons to whom the authority or affairs of the Minister of Employment and Labor are delegated or entrusted) may process information on health under Article 23 of the Personal Information Protection Act (limited to the affairs referred to in subparagraph 3), information constituting criminal history records under subparagraph 2 of Article 18 of the Enforcement Decree of that Act (limited to the affairs referred to in subparagraphs 2 and 3), and data containing resident registration numbers or alien registration numbers under subparagraph 1 or 4 of Article 19 of that Enforcement Decree, where unavoidable to perform the following affairs:
1. Certification, certification of changes, and reporting on changes, of domestic service providers under Article 7 of the Act;
2. Verification of grounds for disqualification under Article 8 of the Act;
3. Verification of grounds for disqualification under Article 12 of the Act;
4. Subsidization of the following insurance premiums under Article 18(2) of the Act:
a. Employment insurance and industrial accident insurance premiums under the Act on the Collection of Insurance Premiums for Employment Insurance and Industrial Accident Compensation Insurance;
b. Insurance contributions under the National Health Insurance Act;
c. Pension premiums under the National Pension Act.
Article 12(Standards for imposition of administrative fines) #
The standards for imposing administrative fines under Article 28(1) and (2) of the Act shall be as specified in Appendix 2.