PARTIAL AMENDMENT

Partial Amendment of the Act on Employment of Foreign Workers, etc.

Part of the Act on Employment of Foreign Workers, etc. is amended as follows.

Chapter 1 (from Article 1 to Article 5) is amended as follows.

Chapter Ⅰ

General Provisions

Article 1 (Purpose)

The purpose of this Act is to achieve a smooth supply and demand of manpower and promote the balanced development of the national economy by receiving and managing foreign workers in a systematic way.

Article 2 (Definition of Foreign Worker)

The term "foreign worker" in this Act refers to a non-Korean national who is working or will work in a business or workplace located in Korea for the purpose of earning wages. However, among foreigners who obtained the status of sojourn eligible for employment pursuant to Article 18. (1) of the Immigration Control Act, those who are determined by the Presidential Decree taking into consideration the employment area, sojourn period, etc. shall be excluded.

Article 3 (Scope of Application, etc.)

(1) This Act shall apply to foreign workers and businesses or work places that are employing or will employ foreign workers. However, the seamen who are not Korean nationals and work on board ships covered by the Seamen Act and ship owners who employ or will employ said seamen shall be excluded.

(2) Matters not prescribed in this Act concerning the entry, stay, departure, etc. of foreign workers shall be governed by the Immigration Control Act.

Article 4 (Foreign Workforce Policy Committee)

(1) The Foreign Workforce Policy Committee (hereinafter referred to as the "Policy Committee") shall be established under the Prime Minister to deliberate and decide important matters concerning the employment management and protection of foreign workers.

(2) The Policy Committee shall deliberate and decide matters falling under the following subparagraph:

1. Matters concerning the establishment of basic plans regarding foreign workers;

2. Matters concerning the business types eligible to employ foreign workers and labor quotas for foreign workers;

3. Matters concerning the designation and cancellation of a country entitled to send its workers to Korea (hereinafter referred to as a "sending country"); and

4. Other matters prescribed by the Presidential Decree.

(3) The Policy Committee will be comprised of no more than 20 members including 1 chairperson.

(4) The Minister of the Prime Minister's Office shall be the chairperson of the Policy Committee and members shall be comprised of Vice Ministers of the Ministry of Strategy and Finance, the Ministry of Foreign Affairs and Trade, the Ministry of Justice, the Ministry of Knowledge Economy, and the Ministry of Labor, the Administrator of the Small and Medium Business Administration, and other Vice Ministers of related central administrative agencies determined by the Presidential Decree.

(5) The Working Committee on the Foreign Workforce Policy (hereinafter referred to as the "Working Committee") shall be established under the Policy Committee to conduct prior deliberation on matters concerning operation of the employment system for foreign workers, protection of rights and interests of foreign workers, etc.

(6) Necessary matters concerning the composition, function, and operation of the Policy Committee and the Working Committee shall be prescribed by the Presidential Decree.

Article 5 (Announcement of Plan for Receiving Foreign Workers etc.)

(1) The Minister of Labor shall establish the plan for receiving foreign workers including matters described in each subparagraph of Article 4 (2) after deliberation and decision by the Policy Committee and announce the plan by March 31st of every year according to the methods determined by the Presidential Decree.

(2) Notwithstanding paragraph (1), the Minister of Labor may, if it is necessary to change the plan for receiving foreign workers under paragraph (1) due to drastic changes in domestic employment conditions including the increase of unemployment, change the plan after the deliberation and decision of the Policy Committee. In this case, the provision of paragraph (1) with respect to the method of announcement shall apply.

(3) The Minister of Labor, may, if necessary, conduct a survey or research project in order to support foreign worker-related work and necessary matters concerning this shall be determined by the Presidential Decree.

Chapter 2 (from Article 6 to Article 12) is amended as follows.

Chapter Ⅱ

Employment Procedures for Foreign Workers

Article 6 (Efforts to Employ Native Workers)

(1) An employer who intends to hire a foreign worker shall first submit an application which seeks employment of native workers to an Employment Security Center prescribed in Article 2 (2)-1 of the Employment Security Act (hereinafter referred to as the "Employment Center").

(2) The head of an Employment Center shall, upon receiving an employment application seeking native workers pursuant to paragraph (1), provide counseling and support for the employer to present appropriate employment conditions, and actively provide job referral services to ensure the preferential employment of qualified native workers.

Article 7 (Preparation of a Roster of Foreign Job Seekers)

(1) The Minister of Labor shall have a job seekers' roster prepared in consultation with the head of the government agency in charge of labor administration in a sending country designated pursuant to Article 4 (2)-3 in accordance with the conditions prescribed by the Presidential Decree. In case there is no such independent government agency in charge of labor administration in the sending country, the Minister of Labor shall designate a department which performs the most similar function and consult with the head of the department after deliberation by the Policy Committee.

(2) When preparing the job seekers' roster pursuant to paragraph (1), the Minister of Labor shall have the Korean Language Proficiency Test (hereinafter referred to as the "Korean Language Test") administerd to use the test as criteria for selecting qualified foreign job seekers. Selection and cancellation of the testing agency in charge of the administration of the Korean Language Test, evaluation methods, and other necessary matters concerning the implementation of the Korean Language Test shall be prescribed by the Presidential Decree.

(3) The Minister of Labor may, if necessary, test other qualifications of job seekers such as job skills required by employers to use as criteria for selecting foreign workers pursuant to paragraph (1).

(4) The Testing agency in charge of administering the skill test pursuant to paragraph (3) shall be the Human Resources Development Service of Korea pursuant to the Human Resources Development Service of Korea Act and methods of evaluating skills and other necessary matters concerning the implementation of the skills test shall be described by the Presidential Decree.

Article 8 (Employment Permit)

(1) An employer who has submitted the employment application seeking native workers pursuant to Article 6 (1) and has been unable to employ workers after job referral services pursuant to Article 6 (2) shall submit an application for an employment permit to hire foreign workers to the head of an Employment Center in accordance with the conditions prescribed by the Ordinance of the Ministry of Labor.

(2) The employment permit application pursuant to paragraph (1) shall be valid for three months. However, if the employer cannot hire new workers due to reasons such as temporary management difficulties, the validity period may be extended one time pursuant to the Presidential Decree.

(3) Upon receiving the application pursuant to paragraph (1), the head of the Employment Center shall recommend qualified candidates among those registered in the job seekers' roster pursuant to Article 7 (1) to the employer who meets the conditions prescribed by the Presidential Decree including the type, size, etc. of the business eligible for employing foreign workers.

(4) The head of the Employment Center shall permit employment without delay for the employer who has selected a foreign worker from among recommended candidates pursuant to paragraph (3) and shall issue an employment permit bearing the name of the selected foreign worker.

(5) Necessary matters concerning the issuance and management of the employment permit of foreign workers pursuant to paragraph (4) shall be prescribed by the Presidential Decree.

(6) No one other than the Employment Center shall be involved in the process of hiring foreign workers including the selection and placement thereof.

Article 9 (Labor Contract)

(1) In order for the employer to hire a foreign worker selected pursuant to Article 8 (4), the employer shall conclude a labor contract with the worker using a standard labor contract form as prescribed by the Ordinance of the Ministry of Labor.

(2) The employer who intends to sign a labor contract pursuant to paragraph (1) may entrust the signing of the contract to the Human Resources Development Service of Korea pursuant to the Human Resources Development Service of Korea Act.

(3) The employer who obtained employment permit pursuant to Article 8 and the foreign worker may conclude or renew a labor contract for a period decided by mutual agreement within the period pursuant to Article 18 (1).

(4) The foreign worker whose employment period is extended pursuant to Article 18 (2) and the employer may sign a labor contract within the extended employment period.

(5) Necessary matters concerning the procedure of signing a labor contract pursuant to paragraph (1) and the entry into force of the contract shall be prescribed by the Presidential Decree.

Article 10 (Certificate for Confirmation of Visa Issuance)

(1) An employer who signed a labor contract with a foreign worker pursuant to Article 9 (1) may apply for a certificate for confirmation of visa issuance to the Minister of Justice on behalf of the foreign worker in accordance with Article 9 (2) of the Immigration Control Act.

Article 11 (Employment Training for Foreign Workers)

(1) Foreign workers, after arriving in Korea, shall participate in training provided with the purpose of informing workers of matters necessary for employment (hereinafter referred to as the "employment training for foreign workers") by the training center as determined by the Presidential Decree within a period determined by the Ordinance of the Ministry of Labor.

(2) The employer shall allow the foreign worker to receive the employment training.

(3) The hours and contents of the employment training for foreign workers and other necessary matters concerning employment training shall be prescribed by the Ordinance of the Ministry of Labor.

Article 12 (Special Cases concerning Employment of Foreign Workers)

(1) The employer of a business or a workplace falling under any of the following subparagraphs may, after obtaining a special employment permit pursuant to paragraph (3), employ a foreigner who entered Korea with a visa determined by the Presidential Decree and intends to work in Korea. The provisions of Article 9 with respect to the signing of a labor contract shall apply to this case.

1. A Business or workplace in the construction sector determined by the Policy Committee taking into consideration the labor market conditions for daily workers, the possibility of undermining employment opportunities for native workers, the size of workplace, etc.

2. A Business or workplace in the sectors of services, manufacturing, agriculture and fisheries determined by the Policy Committee taking into consideration industry-specific characteristics.

(2) Foreigners prescribed in paragraph (1) who intend to be employed in the business or workplace falling under any subparagraph of paragraph (1) shall submit a job seeking application to the head of the Employment Center after completing the employment training for foreign workers, and the Minister of Labor shall have the job seekers' roster for them prepared and managed.

(3) The employer who submitted an employment application seeking native workers pursuant to Article 6 (1), in case he/she were unable to employ workers in spite of job referral services by the head of the Employment Center pursuant to Article 6 (2), may apply for a special employment permit to the head of the Employment Center in accordance with the conditions prescribed by the Ordinance of the Ministry of Labor. In this case, the head of theEmployment Center shall confirm a special employment permit to the employer who meets the conditions prescribed by the Presidential Decree including the type, size, etc. of the business eligible for employing foreign workers.

(4) The employer whose special employment permit was confirmed pursuant to paragraph (3) shall employ foreign workers who are registered to the job seekers' roster pursuant to paragraph (2) and report to the head of theEmployment Center in accordance with the conditions prescribed by the Ordinance of the Ministry of Labor when the foreign worker starts to work.

(5) The special employment permit shall be valid for three years. However, for the business or workplace under subparagraph 1 of paragraph (1) of which the construction period is less than three years, the employment permit shall be valid for the construction period.

(6) When the head of the Employment Center confirms the special employment permit pursuant to paragraph (3), he/she shall issue the special employment permit to the concerned employer in accordance with the conditions prescribed by the Presidential Decree.

(7) Article 21 of the Immigration Control Act shall not apply to the foreigners described in paragraph (1).

(8) In case foreigners described in paragraph (1) express the intention to be employed in Korea, the Minister of Labor may provide employment information before they enter Korea.

Chapter 3 (from Article 13 to Article 18, Article 18-2, and from Article 19 to Article 21) is amended as follows.

Chapter Ⅲ

Employment Management of Foreign Workers

Article 13 (Departure Guarantee Insurance and Trust)

(1) The employer of a business or a workplace employing a foreign worker (hereinafter referred as the "employer") shall take out insurance or trust with the foreign worker as the insured or beneficiary in order to provide severance pay when the cause arises due to worker's departure (hereinafter referred to as the "Departure Guarantee Insurance etc."). In this case, the employer shall pay or entrust the payment of the monthly premium or trust amount.

(2) In case the employer takes out Departure Guarantee Insurance etc., the employer shall be deemed to have put in place a severance pay system pursuant to Article 8 (1) of the Employee Retirement Benefit Security Act

(3) Necessary matters concerning the subscribers, subscription methods, contents, management and payment of Departure Guarantee Insurance shall be prescribed by the Presidential Decree.

Article 14 (Health Insurance)

In applying the National Health Insurance Act to the employer and foreign workers employed by the employer, the employer and the worker shall be regarded as the employer under Article 3 of the Act and the workplace-based policy holder under Article 6 (1) of the Act respectively.

Article 15 (Return Cost Insurance and Trust)

(1) The foreign worker shall take out Return Cost Insurance or Trust to cover the cost of return to his/her home country.

(2) Necessary matters concerning the subscription methods, contents, management and payment of the Insurance or Trust pursuant to paragraph (1) shall be prescribed by the Presidential Decree.

Article 16 (Measures necessary for Return)

In case the foreign worker returns to his/her home country due to the termination of employment relationship, expiration of sojourn period etc., the employer shall take necessary measures to clear money and valuables related issues including paying wages before the departure of the foreign worker.

Article 17 (Employment Management of Foreign Workers)

(1) The employer shall, when causes prescribed in the Presidential Decree arise including the cancellation of the labor contract with the foreign worker and the change of important matters related to employment, report developments such as these to the head of the Employment Center in accordance with the conditions prescribed by the Ordinance of the Ministry of Labor.

(2) Necessary matters concerning the appropriate employment management of foreign workers shall be prescribed by the Presidential Decree.

Article 18 (Restriction on Employment Period)

(1) The foreign worker shall be employed within three years from the date of his/her entry.

(2) The foreign worker who has left after having been employed by an employer who was issued an employment permit pursuant to Article 8 shall not be reemployed pursuant to this Act if six months have not passed from the date of his/her departure.

Article 18-2 (Special cases for the Restriction on Employment Period)

(1) Notwithstanding Article 18 (1), the foreign worker pursuant to the following subparagraph shall be granted extension of employment period within two years for one time only.

1. The foreign worker who is employed by the employer who was issued the employment permit pursuant to Article 8 (4) and for whom the employer applied for reemployment to the Minister of Labor before he leaves upon the expiration of three year employment period pursuant to Article 18.

2. The foreign worker who is employed by the employer who was issued the special employment permit pursuant to Article 12 (3) and for whom the employer applied for reemployment to the Minister of Labor before he leaves upon the expiration of three year employment period pursuant to Article 18.

(2) Necessary matters concerning the procedure for the reemployment request by the employer pursuant to paragraph (1) shall be prescribed by the Ordinance of the Ministry of Labor.

3. Article 19. (Cancellation of Employment Permit or Special Employment Permit of Foreign Workers)

(1) The head of the Employment Center may cancel the employment permit pursuant to Article 8 (4) or special employment permit pursuant to Article 12 (3) in accordance with the conditions prescribed by the Presidential Decree for the employer who falls under the following subparagraph:

1. In case the employer obtained the employment permit or special employment permit in false or other fraudulent ways;

2. In case the employer violated the terms of the labor contract including wage and other labor conditions signed before the entry of the worker; or

3. In case maintaining the labor contract is deemed difficult due to overdue wages and other violations of labor-related laws by the employer.

(2) The employer whose employment permit or special employment permit for the foreign worker has been canceled pursuant to paragraph (1) shall terminate a labor contract with the concerned foreign worker within 15 days from the date of cancelation.

Article 20 (Restriction on Employment of Foreign Workers)

(1) The head of the Employment Center may restrict an employer who falls under the following subparagraph from employing foreign workers for three years from the date of its occurrence:

1. The employer who hired a foreign worker without obtaining the employment permit pursuant to Article 8 (4)　or the special employment permit pursuant to Article 12 (6);

2. The employer whose employment permit or special employment permit has been canceled pursuant to Article 19 (1);

3. The employer who has been punished for violation of this Act or the Immigration Control Act; or

4. The employer who is involved in other cases determined by the Presidential Decree.

(2) In imposing restriction on the employment of foreign workers pursuant to paragraph (1), the Minister of Labor shall notify the employer in accordance with the conditions prescribed by the Ordinance of the Ministry of Labor.

Article 21 (Projects Related to Foreign Workers)

The Minister of Labor shall carry out the following projects to facilitate the employment of foreign workers and ensure efficient employment management on them:

1. A project to assist with the entry and departure of foreign workers;

2. A project to educate foreign workers and their employers;

3. A project to promote cooperation with public agencies of sending countries and civic groups related to foreign workers;

4. A project to support foreign workers and their employers including counseling services;

5. A project to publicize the employment system of foreign workers; and

6. Other projects concerning the employment management of foreign workers prescribed by the Presidential Decree.

Articles from 22 to 24 are amended as follows.

Chapter Ⅳ

Protection of Foreign Workers

Article 22 (Prohibition of Discrimination)

The employer shall not discriminate against foreign workers on the grounds of their status.

Article 23 (Taking out Guarantee Insurance etc.)

(1) The employer of a business or a workplace prescribed by the Presidential Decree taking into consideration the business size and sector-specific characteristics shall take out Guarantee Insurance for foreign workers in preparation against overdue wages.

(2) The foreign worker who is employed at the business or workplace prescribed by the Presidential Decree taking into consideration sector-specific characteristics shall take out Casualty Insurance in preparation for illness and death.

(3) Necessary matters concerning subscription methods, contents, management and payment of Guarantee Insurance pursuant to paragraph 1 and Casualty Insurance pursuant to paragraph 2 shall be prescribed by the Presidential Decree.

Article 24 (Support for Organizations related to Foreign Workers)

(1) The government may support organizations or groups which offer counseling, education and other services for foreign workers prescribed by the Presidential Decree by covering partial costs of their services within the limit of available budget.

(2) Necessary matters concerning the requirements, criteria, procedure etc. of support pursuant to paragraph (1) shall be prescribed by the Presidential Decree.

Article 24-2 is created as follows.

Article 24-2 (Consultative Body for Protection of Foreign Workers' Rights)

(1) A Consultative Body for Protection of Foreign Workers' Rights may be established in the Employment Center to consult on matters concerning the protection of foreign workers' rights with the participation of employers' organizations and labor organizations of the region which the Employment Center serves.

(2) Necessary matters concerning the composition, operation, etc. of the Consultative Body for Protection of Foreign Workers' Rights shall be prescribed by the Ordinance of the Ministry of Labor.

Article 25 is amended as follows.

Article 25 (Permission for Change of Business or Workplace)

7. (1) The foreign worker who is employed by the employer who obtained an employment permit pursuant to Article 8 (4) and the foreign worker who is employed by said employer and whose employment period is extended pursuant to Article 18 (2) may apply to the head of the Employment Center for transfer to another business or workplace in accordance with the conditions prescribed by the Ordinance of the Ministry of Labor if employment relations cannot be maintained due to reasons falling under the following subparagraph:

1. In case the employer intends to cancel a labor contract during the contract period for justifiable reasons or refuses to renew the contract after its expiration;

2. In case it is deemed impossible to continue to work in the current workplace due to business suspension, closure, and other reasons not attributable to the worker;

3. In case the employment permit is canceled pursuant to Article 19 (1) or any restriction is imposed on the employment of foreign workers pursuant to Article 20 (1);

4. In case working conditions are completely different from the terms of the labor contract or employment relations are deemed impossible to be maintained by social norms due to employer's unfair treatment including violation of working conditions;

5. In case there are other reasons prescribed by the Presidential Decree.

(2) Article 6, 8, and 9 shall apply with respect to the procedures for and methods of the reemployment of a foreign worker who applied for a change of business or workplace pursuant to paragraph (1).

(3) In case the foreign worker failed either to obtain permission to change his/her workplace pursuant to Article 21 of the Immigration Control Act within three months from the date of applying for a change of business or workplace pursuant to paragraph (1), or to apply for a change of business or workplace within one month from the date of termination of his/her labor contract with the employer, he/she shall depart from Korea. However, if he/she cannot obtain permission to change workplace or apply for a change of workplace due to reasons such as industrial accidents, illness, pregnancy, or childbirth, the three months or one month time period will be counted from the day the reason disappears.

(4) The foreign worker's change of business or workplace pursuant to paragraph (1) shall not exceed three times during the period prescribed in Article 18 (1) and two times during the extended period prescribed in Article 18 (2)-1 (the change of business or workplace due to the reasons prescribed in Article 25 (1)-2 shall not be counted). However, this provision shall not apply in case where there are inevitable reasons prescribed by the Presidential Decree.

Article number and title in ChapterⅤ is amended as follows.

Chapter Ⅴ

Supplementary Provisions

Articles 26 and 27 are amended as follows.

Article 26 (Report and Investigation, etc.)

(1) The Minister of Labor may, if deemed necessary, order employers, foreign workers, or organizations related to foreign workers which receive support pursuant to Article 24 (1) to report, submit related documents, and take other necessary actions and have a public official ask questions to the concerned person, or investigate or inspect related accounting books, documents, etc.

(2) The public official who conducts the investigation or inspection pursuant to paragraph (1) shall carry identification which shows his/her status and show it to the person investigated or inspected.

Article 27 (Collection of Fees, etc.)

(1) The person who conducts the signing of a labor contract for an employer and a foreign worker as a proxy pursuant to Article 9(2) (including cases where the provisions are applied under the latter part of Article 12 (1) other than each subparagraph and Article 25 (2)) may receive fees and other necessary expenses from the employer in accordance with the conditions prescribed by the Ordinance of the Ministry of Labor.

(2) The Minister of Labor may, if necessary to carry out projects related to foreign workers pursuant to Article 21, collect fees and other necessary expenses from the employer in accordance with the conditions prescribed by the Ordinance of the Ministry of Labor.

(3) The person who carries out projects related to foreign workers as a proxy may, pursuant to Article 27 (2)-1, collect fees and other necessary expenses from the employer in accordance with the conditions prescribed by the Ordinance of the Ministry of Labor.

(4) No one other than those prescribed by the following subparagraph shall receive any money or valuables in return for conducting the signing of a labor contract, foreign worker employment-related work, or projects related to foreign workers as a proxy:

1. The person who conducts the signing of a labor contract between an employer and a foreign worker as a proxy pursuant to Article 9 (2);

2. The person who is entrusted to conduct foreign worker employment-related works pursuant to Article 27 (2)-1;

3. The person who is entrusted or delegated the authority of the Minister of Labor pursuant to Article 21 in accordance with Article 28.

Articles 27-2 and 27-3 are created as follows.

Article 27-2 (Entrustment of Application, etc.)

(1)　The employer or the foreign worker may entrust the employment-related work including the submitting of the application or receiving of documents prescribed by the following subparagraph to the person designated by the Minister of Labor (hereinafter referred to as the "entrusted agency"):

1. Application for employment of native workers pursuant to Article 6 (1) (including cases where provisions are applied under Article 25 (2));

2. Application for permission of reemployment pursuant to Article 18 (2);

3. Application for change of a business or workplace pursuant to Article 25 (1);

4. Other work related to the employment of foreign workers prescribed by the Ordinance of the Ministry of Labor.

(2) Requirements for the entrusted agency, its scope of work, procedures for the designation of the entrusted agency pursuant to paragraph (1) and necessary matters concerning the entrustment shall be prescribed by the Ordinance of the Ministry of Labor.

Article 27-2 (Cancellation of the Entrusted Agency Designation, etc.)

(1) The Minister of Labor may cancel the designation, order suspension of work within six months, or issue a correction order in accordance with the conditions prescribed by the Ordinance of the Ministry of Labor in case the entrusted agency falls into cases prescribed in the following subparagraph:

1. In case the entrusted agency was designated in a false or other fraudulent ways;

2. In case the entrusted agency does not meet requirements for designation;

3. In case the entrusted agency conducts works other than designated work;

4. Other cases where the entrusted agency does not fulfill fiduciary duty or violates working procedures.

(2) The Minister of Labor shall conduct a hearing in case he cancels the designation of the entrusted agency pursuant to paragraph (1).

Article 28 is amended as follows.

Article 28 (Delegation and Entrustment of Authority)

The Minister of Labor may delegate part of the authority given under this Act to the head of a regional labor office or entrust it to the Human Resources Development Service of Korea pursuant to the Human Resources Development Service of Korea Act or to the person prescribed by the Presidential Decree in accordance with the conditions prescribed by the Presidential Decree. However, the projects pursuant to Article 21 (1) shall be entrusted to the Human Resources Development Service of Korea pursuant to the Human Resources Development Service of Korea Act.

Chapter Ⅵ (from Article 29 to Article 32) is amended as follows.

Chapter Ⅵ

Penal Provision

Article 29 (Penal Provision)

The person who falls under any of the following subparagraphs shall be punished by imprisonment or confinement for up to one year or a fine not exceeding 10 million won:

1. A person who is involved in selection, placement, and other processes of hiring of foreign workers in violation of Article 8 (6);

2. An employer who does not take necessary measures for the return of the worker in violation of Article 16;

3. An employer who does not terminate a labor contract in violation of Article 19 (2);

4. An employer who obstructs the change of a business or a workplace of the foreign worker pursuant to Article 25;

5. A person who receives money or valuables in violation of Article 27 (4).

Article 30 (Fines)

A person who falls under any of the following subparagraphs shall be punished by a fine not exceeding 5 million won:

1. A person who fails to take out Departure Guarantee Insurance etc. in violation of the former part of Article 13 (1);

2. A person who fails to take out Guarantee Insurance or Casualty Insurance pursuant to Article 23.

Article 31 (Joint Penal Provision)

If a representative of a corporation, an agent of a corporation or an individual, an employer, or any other hired person commits an offense as prescribed in Article 29 or 30 with respect to the work of a corporation or an individual, the fine prescribed in respective Articles shall be imposed on the corporation or individual in addition to the punishment of the offender. However, this shall not apply in case a corporation or an individual does not neglect its duty and supervision on the concerned work to prevent the offence.

Article 32 (Fines for Negligence)

A person who falls under any of the following subparagraphs shall be punished with a fine for negligence not exceeding 5 million won:

1. A person who fails to sign a labor contract using the standard labor contract form in violation of Article 9 (1);

2. An employer who fails to allow the foreign worker to receive the employment training in violation of Article 11 (2);

3. An employer who employs a foreign worker who was issued a visa pursuant to Article 12 (1) without receiving special employment permit confirmation pursuant to Article 12 (3);

4. An employer who fails to employ a foreign worker from among those who are registered on the job seekers' roster or fails to report or makes a false report to the head of the Employment Center after the foreign worker starts to work;

5. An employer who delays payment of monthly premium or trust amount of Departure Guarantee Insurance, etc. for three times or more in violation of the latter part of Article 13 (1);

6. A foreign worker who fails to take out the insurance or trust in violation of Article 15 (1);

7. An employer who either fails to report or makes a false report in violation of Article 17 (1);

8. An employer who is restricted to employ foreign workers pursuant to Article 20 (1) but employs a foreign worker who is issued a visa pursuant to Article 12 (1);

9. A person who does not comply with the order pursuant to Article 26 (1) and fails to report, makes a false report, fails to submit related documents or submits false documents, or refuses, obstructs or avoids the questions, investigation or inspection pursuant to the same paragraph;

10. A person who receives money or valuables other than fees and necessary expenses prescribed in Article 27 (1), (2), or (3).

(2) The Minister of Labor shall impose and collect the fine for negligence pursuant to paragraph (1) in accordance with the conditions prescribed in the Presidential Decree.

Addenda

Article 1 (Enforcement Date)

This Act shall enter into force six months after its promulgation. However, revised provisions of Article 18 (2) and Article 25 shall enter into force two months after the promulgation.

Article 2 (Application of Qualification Test)

The revised provision of Article 7 (2) shall apply from when the job seekers' roster is prepared pursuant to the revised provision of Article 7 (1) after this Act enters into force.

Article 3 (Application of Special Cases for the Restriction on Employment Period)

The revised provision of Article 18-2 shall apply from when the employer applies for the reemployment of the foreign worker who has been employed under the previous provision of Article 18 (1) at the time of entry into force of this Act and his/her expiration of three year employment period draws after the entry of force of this Act.

Article 4 (Application of Special Cases for Changing of Business or Workplace)

The revised provision of Article 25 (3) shall apply from when the worker's time period for obtaining permission of or applying for change of workplace under the previous provision of Article 25 (3) has not expired at the time of entry into force of this Act.

Article 5 (Transitional Measure for Labor Contract Period)

In case the employer who had signed a labor contract pursuant to the previous Article 9 (3) at the time of entry into force of this Act signs or renews the contract pursuant to the revised Article 9 (3) after the entry into force of this Act, he/she can sign or renew a contract for a period in which the total labor contract term pursuant to the previous Article 9 (3) is subtracted from three years.

Article 6 (Transitional Measure for Fine and Fine for Negligence)

The previous provisions for fines and fines for negligence shall apply to actions subject to fines and fines for negligence that took place before the entry into force of this Act.