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KOR-1997-L-46401
Breadcrumb
Title_of_text
Labor Standards Act (Law No. 5309).
Main Region
First Region
Country(ies)
Republic of Korea
Subjects (Classification)
Labour codes, general labour and employment acts
Adopted on (Date of text)
1997-03-13
Scope of text
National
Type of legislation (Type of text)
Law, Act
Second Region
Original title
근로기준법
Abstract/Citation
Provides minimum standards for conditions of employment; where existing conditions are higher, they shall not be reduced under the pretext of compliance with this Act. Chapter I prohibits discrimination and the use of force or violence against workers. The Act does not apply to workplaces with fewer than 5 employees or businesses which employ only relatives living together or domestic workers. Chapter II covers labour contracts, including part-time contracts. Prohibits unjustified dismissal and dismissal due to medical reasons or maternity, and prescribes procedures to be followed for dismissals due to structural reasons. Also prohibits interference with employment (blacklisting). Chapter III covers wages; Chapter IV covers working hours and rest periods. Chapter V relates to women and minors. Young persons under the age of 15 are prohibited from working; those between 15 and 18 shall be certified as to age and consent of legal guardian. Women under the age of 18 shall not work in employment which is detrimental to their health or "morality;" they shall furthermore not work at night, in a pit, or over a certain number of hours. Entitles women to one day a month of menstruation leave, 60 days of maternity leave, and nursing time. Employers hiring more than 30 persons under the age of 18 shall provide education facilities. Chapter VI relates to safety and health; Chapter VII to apprenticeship; Chapter VIII to accident compensation; Chapter IX to rules of employment; Chapter X to dormitories; and Chapter XI to Labor Inspectors. Penal provisions are contained in Chapter XII.
Entry dates region
Date of entry into force
1997-03-13
--
Partial entry dates region
Date of partial entry into force
1999-03-13
S. 31 (Employment adjustment for managerial reasons)
Implementing Text region
Implementing text(s)
1997-03-27 (KOR-1997-L-56136)
Enforcement Decree of the Labor Standards Act (Presidential Decree No. 15320).
Implementing text(s)
1997-03-27 (KOR-1997-L-56136)
Enforcement Decree of the Labor Standards Act (Presidential Decree No. 15320).
Implementing text(s)
2010-10-27 (KOR-2010-R-106210)
Labor Inspector Regulations.
Implementing text(s)
2018-12-28 (KOR-2018-R-108824)
Labor Inspector General Regulations (Occupational Safety and Health) [Enforcement Dec. 28, 2018] [Ministry of Employment and Labor Order No. 264, Dec. 28, 2018, partial revision].
Amending Text region
Amending text(s)
2006-12-21 (KOR-2006-L-79807)
Act on the Protection, etc. of Fixed-Term and Part-Time Employees (Act No. 8074).
Related Text region
Related text(s)
2005-01-27 (KOR-2005-L-73389)
Employee Retirement Benefit Security Act (No. 7379).
Electronic region
Electronic source title
Legislation on-line in Korean and English
Author
Korea Legislation Research Institute (KLRI), Korea Law Translation Centre (KLT)
URL
https://elaw.klri.re.kr/
File
KOR46401.pdf (PDF of Act in English as amended to Act No. 18176, May 18, 2021)
Monograph region
Monograph title
New Labor-related Laws
Publisher
Ministry of Labor
Country
Republic of Korea
Date
1997-03
Page range
pp. 59-85
Monograph title
Labor Laws of Korea 1998
Publisher
Ministry of Labor
Country
Republic of Korea
Page range
pp. 77-104
Monograph title
Labor Laws of Korea 2004
Publisher
Ministry of Labor
Country
Republic of Korea
Page range
pp. 129-162
Monograph title
Labor Laws of Korea 2007
Author
Ministry of Labor
Country
Republic of Korea
Volume
Part II
Page range
pp. 199-232