[Enforcement Date 29. Feb, 2008.] [Act No.8852, 29. Feb, 2008., Amendment by Other Act]
고용노동부 (외국인력담당관) , 044-202-7151
Article 1 (Purpose)The purpose of this Act is to contribute to smooth supply and demand for human resources and the balanced development of the national economy through the systematic introduction and management of foreign workers.
Article 2 (Definition of Foreign Workers)The term "foreign worker" for the purposes of this Act means a person who does not have the nationality of the Republic of Korea and who provides or desires to provide his/her labor in return for wages in any business or place of business situated within the Republic of Korea: Provided, That the persons specified by Presidential Decree, taking into consideration the fields of employment, the duration of sojourn, or any other relevant fact, among foreigners who have status of sojourn eligible for employment pursuant to Article 18 (1) of the Immigration Control Act are excluded herefrom.
Article 3 (Scope of Application, etc.) (1) This Act shall apply to foreign workers and the businesses or places of business that employ or intend to employ foreign workers: Provided, That this Act shall not apply to any seafarer who works on a ship governed by the Seafarers Act but who does not have the nationality of the Republic of Korea nor to any owner of a ship who employs or intends to employ such seafarer.
(2) Except as otherwise provided by this Act, the entry into, the sojourn in, and the departure from the Republic of Korea of foreign workers shall be governed by the provisions of the Immigration Control Act.
Article 4 (Committee for Policy on Foreign Human Resources) (1) A committee for policy on foreign human resources (hereinafter referred to as the "policy committee") shall be established under the jurisdiction of the Prime Minister in order to deliberate, and adopt resolutions, on important matters pertaining to the management and protection of employment of foreign workers.
(2) The policy committee shall deliberate, and adopt resolutions, on the following matters:
1. Matters concerning the establishment of a basic plan for foreign workers;
2. Matters concerning the types and size of business eligible for the introduction of foreign workers;
3. Matters concerning the designation of countries eligible for the dispatching of foreign workers (hereinafter referred to as "dispatching countries") and the termination of such designation;
4. Other matters specified by Presidential Decree.
(3) The policy committee shall be comprised of not more than 20 members, including one chairperson.
(4) The Minister of the Prime Minister's Office shall take the chair of the policy committee, and the Vice Minister of Strategy and Finance, the Vice Minister of Foreign Affairs and Trade, the Vice Minister of Justice, the Vice Minister of Knowledge Economy, the Vice Minister of Labor, the Administer of the Small and Medium Business Administration, and the Vice Ministers of the relevant central administrative agencies specified by Presidential Decree shall serve as committee members. <Amended by Act No. 8852, Feb. 29, 2008>
(5) A committee for the employment of foreign human resources (hereinafter referred to as the "employment committee") shall be established in the Ministry of Labor to deliberate in advance on matters concerning the operation of the employment system for foreign workers and the protection of rights and interests of foreign workers for the efficient operation of the policy committee.
(6) Necessary matters concerning the organization, functions, and operation of the policy committee and the employment committee and other relevant matters shall be prescribed by Presidential Decree.
Article 5 (Public Announcement of Plans for Introduction of Foreign Workers, etc.) (1) The Minister of Labor shall establish a plan for the introduction of foreign workers, including matters specified in the subparagraphs of Article 4 (2), subject to deliberation and resolution by the policy committee, and shall announce the plan to the public by March 31 every year in the manner prescribed by Presidential Decree. <Amended by Act No. 7829, Dec. 30, 2005>
(2) Notwithstanding paragraph (1), the Minister of Labor may revise the plan for the introduction of foreign workers under paragraph (1), subject to deliberation and resolution by the policy committee, if it is necessary to revise the plan due to a sudden change in employment conditions, such as an increase in domestic unemployment. Paragraph (1) shall apply mutatis mutandis to the method of public announcement for such cases.
(3) The Minister of Labor may, if necessary, conduct a survey or research aimed at supporting foreign workers-related business, and necessary matters in connection therewith shall be prescribed by Presidential Decree.
CHAPTER Ⅱ PROCEDURE FOR EMPLOYMENT OF FOREIGN WORKERS
Article 6 (Efforts to Employ Nationals) (1) Any person who desires to employ a foreign worker shall file an application for recruiting nationals first with an employment security office under subparagraph 1 of Article 4 of the Employment Security Act (hereinafter referred to as "employment security office").
(2) The head of an employment security office shall, upon receiving an application for recruiting nationals under paragraph (1), counsel and assist the employer in offering appropriate terms and conditions of employment and shall provide a job referral actively so that a national who meets the terms and conditions of employment can be hired preferentially.
(3) and (4) Deleted. <by Act No. 7829, Dec. 30, 2005>
Article 7 (Preparation of List of Foreign Job-Seekers) (1) The Minister of Labor shall consult with the head of a governmental agency responsible for the administration of labor affairs in a dispatching country designated pursuant to Article 4 (2) 3 to prepare a list of foreign job-seekers: Provided, That if such dispatching country has no independent governmental agency responsible for the administration of labor affairs, the Minister of Labor shall designate a department with the most similar function and shall consult with the head of the department, subject to deliberation by the policy committee. <Amended by Act No. 7327, Dec. 31, 2004>
(2) When the Minister of Labor prepares a list of foreign job-seekers under paragraph (1), he/she shall conduct a test for the evaluation of proficiency in the Korean language (hereinafter referred to as "test of proficiency in Korean") so that the results of the test can be utilized as selection criteria for foreign job-seekers.
(3) Necessary matters concerning the selection of an agency responsible for the implementation of the test of proficiency in Korean and the cancellation of such selection, the testing method, and other matters concerning the implementation of the test of proficiency in Korean shall be prescribed by Presidential Decree. <Amended by Act No. 7829, Dec. 30, 2005>
Article 8 (Employment Permit for Foreign Workers) (1) Any employer who filed an application for recruiting nationals in accordance with Article 6 (1) shall, if he/she fails to hire new personnel despite efforts made for a job referral under paragraph (2) of the aforesaid Article, file for employment permit for foreign workers with an employment security office, as prescribed by Presidential Decree. <Amended by Act No. 7829, Dec. 30, 2005>
(2) The effective term of applications under paragraph (1) shall be three months, but may be extended only once, as prescribed by Presidential Decree, if it is impossible to hire any new worker due to a temporary downturn in business conditions or any other reason. <Newly Inserted by Act No. 7829, Dec. 30, 2005>
(3) The head of each employment security office shall, upon receiving an application under paragraph (1), recommend an eligible person from among those registered on the list of foreign job-seekers under Article 7 (1) to the employer who meets the requirements prescribed by Presidential Decree with regard to the types and size of business, etc. eligible for the introduction of foreign workers. <Amended by Act No. 7829, Dec. 30, 2005>
(4) The head of each employment security office shall issue an employment permit for a foreign worker without delay, describing the name of such foreign worker, to the employer who has chosen an eligible person recommended pursuant to paragraph (3). <Amended by Act No. 7829, Dec. 30, 2005>
(5) Necessary matters concerning the issuance and management of the employment permit for foreign workers under paragraph (4) shall be prescribed by Presidential Decree. <Amended by Act No. 7829, Dec. 30, 2005>
(6) No person other than an employment security office shall intervene in the selection, referral, and employment of foreign workers.
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