Enforcement Decree Of The Act On Foreign Workers' Employment, Etc.

Enforcement Decree of the Act on Foreign Workers' Employment, etc. Presidential Decree No. 18314, Mar. 17, 2004

Article 1 (Purpose) The purpose of this Decree is to stipulate matters delegated by the Act on Foreign Workers' Employment, etc. and those necessary for the enforcement thereof.

Article 2 (Foreign Workers Excluded from Application) "Those determined by the Presidential Decree" in the proviso of Article 2 of the Act on Foreign Workers' Employment, etc.(hereinafter referred to as "the Act") refer to persons falling under any of the following subparagraphs : 1. Persons classified as 9. Short-term Employment (C-4), and 19. Professor (E-1) through 25-2. Employment for Training (E-8) among the sojourn statuses prescribed in Article 23 (1) of the Enforcement Decree of the Immigration Control Act; 2. Persons who are not restricted in their activities according to the classification of sojourn status under Article 23 (2) through (4) of the Enforcement Decree of the Immigration Control Act; and 3. Persons classified as 30. Employment in Tourism(H-1) pursuant to Article 23 (3) of the Enforcement Decree of the Immigration Control Act, and engaging in employment activities.

Article 3 (Matters Subject to Deliberation and Decision by Foreign

Workforce Policy Committee) "Other matters determined by the Presidential Decree" in Article 4 (2) 4 of the Act refer to matters described in the following subparagraphs: 1. Matters concerning businesses or workplaces which are permitted to employ foreign workers; 2. Matters concerning the number of foreign workers that can be employed by businesses or workplaces; 3. Matters concerning the types of occupation eligible for introduction of foreign workers and the volume of introduction from each country permitted to send foreign workers (hereinafter referred to as the "sending country"); 4. Matters concerning the protection of the rights and interest of foreign workers; and 5. Other matters recognized by the chairman of the Foreign Workforce Policy Committee (hereinafter referred to as the "Policy Committee") as necessary for the employment, etc. of foreign workers.

Article 4 (Composition of Policy Committee) "Administrative agencies determined by the Presidential Decree" in Article 4 (4) of the Act refer to the Ministry of Education and Human Resources Development, the Ministry of Government Administration and Home Affairs, the Ministry of Science and Technology, the Ministry of Culture and Tourism, the Ministry of Agriculture and Forestry, the Ministry of Information and Communication, the Ministry of Health and Welfare, the Ministry of Construction and Transportation, the Ministry of Maritime Affairs and Fisheries and the Ministry of Planning and Budget.

Article 5 (Duties of Chairman of Policy Committee)

(1) The chairman of the Policy Committee shall represent the Policy Committee and command the affairs there of. (2) In case the chairman of the Policy Committee cannot perform his duties for unavoidable reasons, a member appointed by the chairman shall take the place of the chairman.

Article 6 (Operation of Policy Committee) (1) The chairman of the Policy Committee shall convene and preside over meetings of the Policy Committee. (2) Meetings shall be opened in the presence of a majority of entire members, and decision shall be made by the approval of a majority of the members present. (3) The Policy Committee shall have one secretary to handle its administrative affairs, and the secretary shall be appointed by the chairman from among grade 2 or 3 public officials of the Office for Government Policy Coordination. (4) The Policy Committee may call on relevant administrative agencies or groups to submit materials, or relevant public officials or experts to attend its meetings and state their opinions, if it is deemed necessary in deliberating and deciding on its agenda items. (5) The relevant persons attending meetings pursuant to paragraph (4) may be paid allowances and traveling expenses within the limit of budgets : provided, that this shall not apply in the case of public officials whose job is related to the matter concerned. (6) Matters necessary for the operation of the Policy Committee other than those prescribed by this Decree shall be determined by the chairman of the Policy Committee after going after decision by the Policy Committee.

Article 7 (Composition and Operation of Foreign Workforce Employment Committee) (1) The Foreign Workforce Employment Committee (hereinafter referred to as the "Employment Committee") under Article 4 (5) of the Act shall be composed of up to 25 members including one chairman. (2) The Employment Committee shall be composed of members representing workers (hereinafter referred to as “ workers' members” ), members representing employers (hereinafter referred to as “ employers' members” ), members representing public interests (hereinafter referred to as “ public interest members” ) and members representing the government (hereinafter referred to as “ government members” ), and have equal numbers of workers' and employers' members. (3) The chairman of the Employment Committee shall be the Vice Minister of Labor and the members of the Employment Committee shall be persons falling under any of the following subparagraphs, who are entrusted or appointed by the chairman of the Employment Committee: 1. Workers' members shall be persons recommended by a federation of trade unions; 2. Employers' members shall be persons recommended by a nationwide employers' association; 3. Public interest members shall be persons with plenty of knowledge and experiences in employment of foreign workers, protection of their rights and interests, etc. ; and 4. Government members shall be Grade 2 or 3 public officials of relevant central administrative agencies who carry out jobs related to foreign workers. (4) The tenure of a member of the Employment Committee prescribed in paragraph (2) shall be two years. In the case of government members, the tenure shall be the same as his/her term of office. (5) The Employment Committee shall deliberate the matters to be

deliberated and decided by the Policy Committee and report the result of its deliberation to the Policy Committee. (6) The Employment Committee may pay allowances and travel expenses within the limit of budgets to members prescribed in paragraph (2): provided, that this shall not apply in the case of public officials whose job is related to the matter concerned. (7) The provisions of Articles 5 and 6 (excluding paragraphs (2) and (3) of Article 6) shall apply mutatis mutandis in respect of the Employment Committee. In this case, the "Policy Committee" shall be regarded as the "Employment Committee".

Article 8 (Announcement of Foreign Worker Introduction Plan) "Methods determined by the Presidential Decree" in Article 5 (1) of the Act refer to making a public announcement through those described in the following subparagraphs: 1. Official gazette; 2. Daily newspapers registered as being circulated around the nation pursuant to Article 7 (1) of the Registration, etc. of Periodicals Act; and 3. Internet

Article 9 (Survey and Research Project) The Minister of Labor may conduct a survey or research project concerning matters described in the following subparagraphs to support foreign worker-related work pursuant to Article 5 (3) of the Act: 1. Trends in labor shortages by domestic industry and occupation; 2. Current state of employment and working conditions for foreign workers

such as wages; 3. Degree of employers' satisfaction with the employment of foreign workers; 4. Compliance with requirement of consultation under Article 12 (1); 5. Foreign workers' adaptation to life in Korea and promotion of their understanding about Korea; and 6. Other matters recognized by the Minister of Labor as necessary for the introduction and management of foreign workers.

Article 10 (Conditions for Issuing a Document Confirming Labor Shortages) "Conditions determined by the Presidential Decree" in Article 6 (3) of the Act refer to those described in the following subparagraphs: 1. The type of occupation shall belong to those determined by the Policy committee to be permitted for the introduction of foreign workers, and the business or workplace shall belong to those permitted to employ foreign workers; 2. Notwithstanding his/her efforts to seek native workers for longer than a period determined by the Ordinance of the Ministry of Labor, the employer shall fail to hire all or some of his/her needed workers from native workers who have registered themselves as job-seekers with Employment Security Centers (hereinafter referred to as the "Employment Security Center") prescribed in subparagraph 1 of Article 4 of the Employment Security Act: provided, that this shall not apply in case the employer refuses twice or more without justifiable reasons to hire native workers notwithstanding job placement services provided by an Employment Security Center pursuant to Article 6 (2) of the Act; 3. The employer shall not dismiss native workers due to employment adjustment during a period between two months before the date of

submitting an application for seeking native workers pursuant to Article 6 (1) of the Act and the date of having a document confirming labor shortages issued; 4. The employer shall not defer wages during a period between five months before the date of submitting an application for seeking native workers pursuant to Article 6 (1) of the Act and the date of having a document confirming labor shortages issued; and 5. The employer shall be covered by employment insurance under the Employment Insurance Act and industrial accident compensation insurance under the Industrial Accident Compensation Insurance Act: provided, that this shall not apply to businesses or workplaces not subject to the Employment Insurance Act and the Industrial Accident Compensation Insurance Act.

Article 11 (Extension of Valid Period of Document Confirming Labor Shortages) (1) The head of an Employment Security Center may extend the valid period of a document confirming labor shortages by up to three months, in case an employer applies for its extension before expiration pursuant to Article 6 (4) of the Act due to reasons falling under any of the following subparagraphs: 1. When the employer cannot hire new workers due to temporary business difficulties or unexpected reduction in operation; and 2. When the employer cannot continue his/her business due to natural disasters and other unavoidable reasons. (2) The head of an Employment Security Center may, upon receiving an application for extending the valid period of a document confirming labor shortages pursuant to paragraph (1), extend it after checking if there are reasons for extension of valid period. In this case, the valid period of a document confirming labor shortages shall be counted from the date of extending its validity.

Article 12 (Preparation of Roster of Foreign Job Seekers) (1) The Minister of Labor shall consult with a sending country over matters described in the following subparagraphs, when preparing a roster of foreign job seekers pursuant to Article 7 (1) of the Act. 1. Matters concerning workforce sending and introduction; 2. Matters concerning the types of occupation for which workforce is sent, and the size of sending workforce; 3. Matters concerning organizations responsible for selecting candidates to be sent, selection criteria and methods; 4. Matters concerning the administration of a test to evaluate Korean Language Proficiency (hereinafter referred to as the "Korean Language Proficiency Test) prescribed in Article 7 (2) of the Act; and 5. Other matters recognized by the Minister of Labor as necessary to send and introduce foreign workers. (2) The Minister of Labor shall prepare and manage a roster of foreign job seekers based on a list of candidate workers sent by a sending country.

Article 13 (Korean Language Proficiency Test) (1) The Minister of Labor shall select an agency responsible for administering the Korean Language Proficiency Test in consideration of matters described in the following subparagraphs pursuant to Article 7 (3) of the Act: 1. Administrative and financial capability to administer the Korean Language Proficiency Test; 2. Possibility of administering the Korean Language Proficiency Test

objectively and fairly; 3. Adequacy of the contents of the Korean Language Proficiency Test; and 4. Other matters recognized by the Minister of Labor as necessary for the smooth implementation of the Korean Language Proficiency Test. (2) The Korean Language Proficiency Test shall be provided five times each year, and shall be in written multiple choice format, in principle, but may be supplemented with written subjective test items. (3) The Korean Language Proficiency Test shall include questions about understanding of Korean culture, and basic things, such as safety and health needed for work. (4) A Korean Language Proficiency Test agency selected pursuant to paragraph (1) shall report matters described in the following subparagraphs to the Minister of Labor by the end of each November: 1. The implementation result of the Korean Language Proficiency Test in the year concerned and plans for the Korean Language Proficiency Test in the following year; 2. Matters concerning the establishment and implementation of measures to prevent cheating in the Korean Language Proficiency Test; 3. Application fees for the Korean Language Proficiency Test; and 4. Other matters determined by the Minister of Labor in relation to the administration of the Korean Language Proficiency Test. (5) Detailed criteria and procedures for the selection of an agency responsible for administering the Korean Language Proficiency Test, and other necessary details concerning the implementation of the Korean Language Proficiency Test shall be determined and announced by the Minister of Labor.

Article 14 (Issuance of Employment Permit, etc.) (1) The head of an Employment Security Center shall, when an employer applies for the issuance of employment permits pursuant to Article 8 (1) of the Act, issue the employer with employment permits, if the employer has continued to meet conditions (excluding conditions prescribed in subparagraph 2 of Article 10) for issuing a document confirming labor shortages prescribed in Article 10 since its issuance until the issuance of employment permits: provided, that if the employer issued with a document confirming labor shortages hires native workers to fill part of labor shortages before the issuance of employment permits, employment permits shall be issued for foreign workers excluding the number of the hired native workers. (2) An employer issued with an employment permit pursuant to paragraph (1) shall sign a labor contract with the foreign worker within three months of the issuance of the employment permit. (3) If an employer fails to sign a labor contract due to unavoidable reasons such as the death of the foreign worker after being issued with a foreign worker employment permit pursuant to paragraph (1), the head of an Employment Security Center shall recommend another foreign worker and re-issue a new employment permit. (4) When the head of an Employment Security Center issues and re-issues an employment permit pursuant to paragraphs (1) and (4), employment permit period shall fall within labor contract period prescribed in Article 9 (1) of the Act. (5) Matters necessary for the issuance and re-issuance of a foreign worker employment permit shall be determined by the Ordinance of the Ministry of Labor.

Article 15 (Return of Employment Permit) An employer issued and re-issued with an foreign worker employment permit pursuant to Article 14 shall return the employment permit within 10

days, in case there are reasons falling under any of the following subparagraphs in his/her businesses or workplaces: 1. In case the foreign worker employment permit is cancelled pursuant to Article 19 (1) of the Act; 2. In case a foreign worker changes his/her business or workplace pursuant to Article 25 of the Act; and 3. In case there are reasons prescribed in subparagraphs 1, 3, and 7 of Article 23 (1).

Article 16 (Signing of Labor Contract by Proxy, etc.) (1) In case an employer signs a labor contract pursuant to Article 9 (1) of the Act, the employer may have an agent falling under any of the following subparagraphs sign the labor contract on his/her behalf: 1. Human Resources Development Service of Korea under the Act on Human Resources Development Service of Korea (hereinafter referred to as the "Human Resources Development Service of Korea"); and 2. Not-for-profit corporations or groups determined and announced by the Minister of Labor in consideration of human and physical capability for job performance. (2) An employer or an agent falling under any of the subparagraphs of paragraph (1) shall, when signing a labor contract, prepare two copies of labor contract and give one of them to the foreign worker concerned.

Article 17 (Effective Period of Labor Contract, etc) (1) The effective period of a labor contract prescribed in Article 9 (1) of the Act shall begin from the foreign worker's entry date.

(2) An employer who renews a labor contract pursuant to Article 9 (2) of the Act shall gain permission to extend employment permit period from the head of an Employment Security Center.

Article 18 (Employment Training Institution for Foreign Workers) "Organizations determined by the Presidential Decree" in Article 11 (1) of the Act refer to those falling under any of the following subparagraphs: 1. Human Resources Development Service of Korea; and 2. Other not-for-profit corporations or groups determined and announced by the Minister of Labor in consideration of industry-specific characteristics.

Article 19 (Special Cases concerning Employment of Foreign Workers) (1) "Foreigners who have already entered Korea after obtaining a visa determined by the Presidential Decree" in Article 12 (1) of the Act refer to persons recognized by the Minister of Justice and recommended by the Minister of Labor from among those whose status of sojourn is classified as 26. Visit Cohabiting (F-1) described in Annex 1 of the Enforcement Decree of the Immigration Control Act. (2) The effective period of labor contract with a foreign worker employed pursuant to Article 12 (1) of the Act shall begin from the date at which the foreign worker obtains permission to change his/her status of sojourn into one eligible for employment pursuant to Article 12 (5) of the Act.

Article 20 (Special Cases concerning Employment of Foreign Construction Workers) (1) The employers of businesses or workplaces prescribed in Article 12 (1)

1 of the Act may employ foreign workers who obtain permission to change their status of sojourn into one eligible for employment pursuant to Article 12 (5) of the Act after being issued with an Employment Permit Certificate pursuant to Article 12 (4) of the Act. In this case, the employer and the foreign worker shall make a labor contract using the standard labor contract form prescribed in Article 9 of the Act. (2) "Criteria set forth by the Presidential Decree" mean that the foreign workers shall hold qualifications related to the construction industry or receive education determined by the Minister of Labor. (3) In case an Employment Permit Certificate is issued pursuant to Article 12 (4) of the Act, the period permitted for the foreign worker to be employed shall be less than 6 months. (4) Foreign workers who intend to extend their permitted employment period due to the expiration of the period prescribed in paragraph (3) expires shall be re-issued with an Employment Permit Certificate by the head of an Employment Security Center.

Article 21 (Departure Guarantee Insurance and Trust) (1) Employers required to take out departure guarantee insurance and departure guarantee lump-sum trust (hereinafter referred to as "departure guarantee insurance, etc.") pursuant to Article 13 of the Act shall be those described in the following subparagraphs: provided, that the employers of businesses or workplaces prescribed in Article 12 (1) 1 of the Act shall be excluded from this: 1. Employers of businesses or workplaces ordinarily employing five workers or more; and 2. Employers employing foreign workers who have one year or more left until the end of the period eligible for employment prescribed in Article 18 (1) of the Act. (2) Employers required to take out departure guarantee insurance, etc.

pursuant to paragraph (1) shall take out departure guarantee insurance, etc. which meets conditions described in the following subparagraphs within 15 days from the effective date of labor contract: 1. The employer shall be required to deposit, apart from wages prescribed in Article 18 of the Labor Standards Act, the amount of money determined and announced by the Minister of Labor, each month in reserve for the insured or beneficiaries (hereinafter referred to as "the insured, etc.") under Article 13 of the Act; 2. In case the insured, etc. who have worked in their business or workplace for one year or more without running away depart from Korea because of the expiration of period under Article 18 (1) of the Act, or change business or workplace pursuant to Article 25 of the Act, they shall be allowed to directly claim lump-sum payment of reserved money from financial institutions dealing with departure guarantee insurance, etc.: provided, that the lump-sum payment shall revert to the employer, if the insured, etc. run away from their business or workplace or if the insured, etc. whose working period is less than one year change business or workplace pursuant to Article 25 of the Act or depart from Korea (excluding temporary departure); 3. The right of the insured to receive lump-sum benefits under departure guarantee insurance, etc. shall not be transferred or provided as collaterals; 4. The insurer shall be required to make the insured, etc. know the contents of departure guarantee insurance contract before signing and to inform them of the fact of signing after it; and 5. The insurer shall be required to inform the insured, etc. of the payment status of insurance premiums or trust contributions and the estimated amounts of lump-sum benefits every year. (3) The amount of lump-sum benefits under departure guarantee insurance, etc. prescribed in paragraph (2) shall not be lower than that of severance pay prescribed in Article 34 of the Labor Standards Act.

Article 22 (Return Cost Insurance and Trust) (1) Foreign workers shall take out insurance or trust (hereinafter referred to as "return cost insurance, etc.") which meets conditions described in the following subparagraphs within 80 days of the effective date of their labor contract pursuant to Article 15 of the Act: 1. The foreign worker shall be required to contribute the amount of money prescribed in paragraph (3) in lump sum; 2. In case the foreign worker takes out return cost insurance, etc., the financial institution (hereinafter referred to as the "insurer") dealing with the return cost insurance, etc. shall be required to notify the head of the Employment Security Center having jurisdiction over the business or workplace concerned of this fact; and 3. In case the foreign worker claims lump-sum benefits of return cost insurance, etc. pursuant to paragraph (2), the insurer shall be required to make that payment after having his/her departure confirmed by the head of the competent Immigration Control Office. (2) In case foreign workers have reasons falling under any of the following subparagraphs, they shall be allowed to claim lump-sum benefits of return cost insurance, etc.: 1. In case the foreign worker intends to depart from Korea because his/her sojourn period expires; 2. In case the foreign worker intends to depart from Korea (excluding temporary departure) for personal reasons before his/her sojourn period expires; and 3. In case the foreign worker who run away from his/her business or workplace intends to voluntarily depart from Korea or is deported by force. (3) The amount of insurance premiums to be contributed to return cost insurance, etc. shall be determined and announced by the Minister of Labor given the necessary costs of returning to home country.

Article 23 (Employment Management of Foreign Workers) (1) "Reasons prescribed by the Presidential Decree" in Article 17 (1) of the Act refer to those falling under any of the following subparagraphs: 1. In case the foreign worker dies; 2. In case the foreign worker is not fit to continue to work in the business concerned due to injuries, etc.; 3. In case the foreign worker is absent from work for five days or longer without following proper procedures such as obtaining approval from his/her employer, or his/her whereabout is unknown; 4. In case the foreign worker is feared to endanger public health because he/she contracts a contagious disease prescribed in subparagraphs 1 through 4 of Article 2 of the Prevention of Contagious Diseases Act or is addicted to drugs. 5. In case a labor contract with the foreign worker is terminated; 6. In case employment permit period for the foreign worker expires; 7. In case the foreign worker has departed from Korea (excluding temporary departure) due to the expiration of his/her sojourn period, etc.; 8. In case employer or name of workplace is changed; and 9. In case location of workplace is changed without a change of employer. (2) The Minister of Labor shall establish plans more than once every year to provide guidance and inspection to businesses or workplaces with foreign workers pursuant to Article 17 (2), and provide guidance and inspection to businesses or workplaces selected according to the plans to find out about working conditions of foreign workers, implementation status of industrial safety and health measures, and compliance with other related laws.

(3) In case the Minister of Labor finds any violation of relevant laws such as the Labor Standards Act, the Immigration Control Act, etc. while providing guidance and inspection pursuant to paragraph (2), he/she shall take necessary measures in accordance with the relevant laws: provided, that if the violation is not under his/her jurisdiction, it shall be notified to a relevant Ministry. (4) The head of an immigration control office or its branch office may request data on employment management of foreign workers in relation to his/her duties from the head of an Employment Security Center. In this case, the head of an Employment Security Center shall not refuse it as long as there is no special reason.

Article 24 (Cancellation of Employment Permit for Foreign Worker) When the Minister of Labor cancels an employment permit issued to an employer pursuant to Article 19 (1) of the Act, he/she shall do this using documents including matters described in the following subparagraphs: 1. Reasons for cancellation; 2. Deadline for the termination of labor contract with the foreign worker; and 3. Whether or not to impose restrictions on the employment of foreign workers pursuant to Article 20 of the Act.

Article 25 (Restrictions on Employment of Foreign Workers) "Others who have reasons determined by the Presidential Decree" in Article 20 (1) 4 of the Act refer to those falling under any of the following subparagraphs: 1. Those who dismiss native workers through employment adjustment within six months from the date of issuing an employment permit for

foreign worker pursuant to Article 8 of the Act; and 2. Those who make foreign workers work in business or workplace other than the ones stated in their labor contract.

Article 26 (Projects Related to Foreign Workers) "Projects determined by the Presidential Decree" in subparagraph 6 of Article 21 of the Act refer to projects described in the following subparagraphs: 1. Projects to develop and operate a computer system for employment management of foreign workers needed for job placement, employment management, etc. of foreign workers: 2. Projects to help foreign workers adapt to life in Korea and promote their understanding of Korean culture; and 3. Other projects recognized by the Policy Committee as necessary for the employment management of foreign workers.

Article 27 (Taking Out Guarantee Insurance) (1) "Businesses or workplaces determined by the Presidential Decree" in Article 23 (1) of the Act refer to businesses or workplaces falling under any of the following subparagraphs: provided, that the businesses or workplaces prescribed in Article 12 (1) 1 of the Act shall be excluded: 1. Businesses or workplaces not subject to the Wage Claim Guarantee Act; and 2. Businesses or workplaces ordinarily employing less than 300 workers. (2) The employers of the businesses or workplaces prescribed in paragraph (1) shall take out guarantee insurance which meets conditions described in

the following subparagraphs within 15 days of the effective date of labor contract: 1. The guaranteed amount shall be equal to or higher than that announced by the Minister of Labor to pay overdue wages; 2. The guarantee insurance company shall be required to notify the foreign worker of the fact that the employer has taken out the guarantee insurance concerned; and 3. In case the employer defers wage payment, the foreign worker shall be allowed to claim benefits of guarantee insurance from the guarantee insurance company.

Article 28 (Taking Out Casualty Insurance) (1) "Businesses or workplaces determined by the Presidential Decree" in Article 23 (2) of the Act refer to businesses or workplaces which employ foreign workers. (2) The foreign workers of the businesses or workplaces prescribed in paragraph (1) shall take out casualty insurance which meets conditions described in the following subparagraphs against diseases, death, etc. within 15 days of the effective date of their labor contract: 1. In case the foreign worker dies or contracts a disease, the amount of insurance benefits announced by the Minister of Labor shall be paid to the foreign worker; and 2. In case the foreign worker dies or contracts a disease, he/she or his/her surviving family members shall be allowed to claim benefits of casualty insurance from the casualty insurance.

Article 29 (Support for Foreign Workers-related Organization, etc)

(1) "Other services determined by the Presidential Decree" in Article 24 (1) of the Act refer to services falling under any of the following subparagraphs: 1. Free medical services for foreign workers; 2. Cultural event-related services for foreign workers; 3. Funeral support services for foreign workers; and 4. Other services recognized by the Policy Committee as necessary for the protection of foreign workers' rights and interests. (2) Organizations or groups to which the State may provide support for the costs needed to carry out their services pursuant to Article 24 (1) of the Act shall meet conditions described in the following subparagraphs: 1. They shall be a non-for-profit corporation or group; 2. They shall be equipped with facilities or equipment determined and announced by the Minister of Labor to carry out their services; and 3. They shall have two workers or more who hold national qualifications or private qualifications certified by the State or who have one year or more of experiences in the field concerned. (3) If the Minister of Labor intends to provide support to organizations or groups meeting conditions prescribed in paragraph (2) for the costs needed to carry out their services, he/she shall evaluate their business plans, operating performances, etc. every year and decide whether or not to provide the support. (4) The level of support for the costs needed to carry out services shall be the amount determined by the Minister of Labor, but may vary depending on the result of the evaluation of operating performances, etc. (5) Necessary matters, other than the ones determined in paragraphs (1) through (4), such as the selection procedures, operation, etc, of an organization or group to which the Minister of Labor may provide support

for its costs, shall be determined by the Minister of Labor.

Article 30 (Change of Business or Workplace) (1) "Other reasons determined by the Presidential Decree" in Article 25 (1) 4 of the Act refer to cases in which a foreign worker is deemed unfit to continue to work in the business or workplace concerned but possible to work in other businesses or workplaces: (2) In case a foreign worker has changed business or workplace three times for the reasons falling under any of the subparagraphs 2 through 4 of Article 25 (1) of the Act, the head of an Employment Security Center may give permission for the foreign worker to change business or workplace once more, pursuant to the proviso of Article 25 (4) of the Act. (3) The head of an Employment Security Center shall notify the head of the competent Immigration Control Office or its branch office of a list of foreign workers required to depart from Korea pursuant to Article 25 (3) of the Act.

Article 31 (Delegation and Entrustment of Authority) (1) The Minister of Labor shall delegate authority described in the following subparagraphs to heads of regional labor offices pursuant to Article 28 of the Act: 1. Receiving reports under Article 17 (1) of the Act; 2. Cancelling an foreign worker employment permit under Article 19 of the Act; 3. Restricting employment of foreign workers under Article 20 of the Act; 4. Demanding, ordering, investigating under Article 26 of the Act (limited to demand, order, investigation, etc. related to employers and foreign

workers); 5. Imposing and collecting fines of negligence under Article 32 of the Act; 6. Permitting the extension of the valid period of an foreign worker employment permit under Article 17 (2); 7. Re-issuing an Employment Permit Certificate under Article 20 (3); and 8. Providing guidance and inspection under Article 23 (2). (2) The Minister of Labor shall entrust authority described in the following subparagraphs to the Human Resources Development Service of Korea pursuant to Article 28 of the Act: 1. Preparing and managing a roster of foreign job seekers under Article 12 (2); and 2. Developing and operating a computer system for employment management of foreign workers under subparagraph 1 of Article 26. (3) "Persons determined by the Presidential Decree" in Article 28 of the Act refer to those falling under Article 16 (1) 2, and the Minister of Labor shall entrust authority described in the following subparagraphs to the Human Resources Development Service of Korea and to persons falling under Article 16 (1) 2, pursuant to Article 28 of the Act: 1. Assisting with the entry and exit of foreign workers under subparagraph 1 of Article 21 of the Act; and 2. Collecting commissions, etc. under Article 27 of the Act. (4) The Minister of Labor shall entrust authority described in the following subparagraphs to persons falling under Article 16 (1) 2, pursuant to Article 28 of the Act: 1. Educating foreign workers and their employers under subparagraph 2 of Article 21 of the Act;

2. Promoting cooperation with private groups related to foreign workers under subparagraph 3 of Article 21 of the Act; 3. Offering amenity services such as counseling to foreign workers and their employers under subparagraph 4 of Article 21 of the Act.

Article 32 (Imposition and Collection of Fine for Negligence) (1) When the Minister of Labor imposes a fine for negligence pursuant to Article 32 (2) of the Act, he/she shall indicate the type of offense committed, the amount of the fine for negligence, and the deadline for its payment, and notify these in writing to the person who is subject to the disposition of the fine for negligence, after investigating and confirming the offense committed. (2) When the Minister of Labor imposes a fine for negligence pursuant to paragraph (1), he/she shall designate a period of at least ten days and give the person who is subject to the disposition of the fine for negligence an opportunity to make his statement verbally or in writing during that period. In this case, if there is no statement until the end of the designated period, it shall be considered that the person has no statement to make. (3) The criteria for imposing a fine for negligence pursuant to paragraphs (1) and (2) are shown in Annex. (4) The procedures for collection of a fine for negligence shall be determined by the Ordinance of the Ministry of Labor.

Addenda This Decree shall enter into force on August 17, 2004 : provided, that the revised provisions of Articles 3 through 9, and 12 shall enter into force on the date of promulgation, and the revised provisions of Article 13 (2) through (4) shall enter into force on August 17, 2005.

[Annex] Imposition Criteria for Fine for Negligence (Related to Article 32 (3) of the Decree) Violations

Relevant provisions

Amount of fine for negligence

1. Violation of Article Article 32 (1) 1 of the 11 (2) of the Act Act

600,000 won

2. Failing to take out insurance or trust in Article 32 (1) 2 of the violation of Article 15 Act (1) of the Act

800,000 won

3. Failing to report or making a false report in Article 32 (1) 3 of the violation of Article 17 Act (1) of the Act

600,000 won

4. Failing to report or making a false report Article 32 (1) 4 of the not in compliance with Act demands made under Article 26 (1) of the Act

600,000 won

5. Failing to submit related documents under Article 32 (1) 4 of the Article 26 (1) of the Act Act or submitting false documents

600,000 won

6. Refusing, obstructing or evading questioning, Article 32 (1) 4 of the investigation or Act inspection under Article 26 (1) of the Act

800,000 won

Note : The Minister of Labor may, taking into account the motives and results of an offense, raise or reduce the amount of a fine for negligence by up to half the imposed amount. However, even in the case of raising the amount, the total amount of a fine for negligence shall not exceed one million won.