Korean labor law: how to use Labor Inspection Manual together with online labor inspection checklist
Korean labor law: how to use Labor Inspection Manual together with online labor inspection checklist
Preface
On June 24, 2024, a fire broke out at the 'Aricel' battery manufacturing plant, resulting in the deaths of 23 people, 18 of whom were temporary foreign workers. Foreigners are not permitted to engage in temporary or dispatched work. At the time, out of approximately 100 workers on-site, around 50 were illegally employed foreigners. This illegal employment practice often only comes to light and is corrected when major accidents occur. The previous Moon Jae-in administration hired around 1,000 labor inspectors to conduct regular labor inspections. However, the current government has refrained from regular inspections, leading to the spread of illegal foreign dispatches and temporary work. To prevent illegal labor law violations like those seen in the Aricel tragedy, proactive labor inspections are essential.
The urgent need to create this 'Labor Inspection Manual' arose from experiencing the importance of labor inspections first-hand during the Aricel disaster. This manual consists of three chapters. Chapter 1 presents actual labor inspection cases, explaining the process of inspections and the subsequent actions required. Chapter 2 details the 'Self-Diagnosis Checklist for Compliance with Labor Relations Laws' published annually by the Ministry of Employment and Labor. Chapter 3 provides background knowledge and related cases for a comprehensive understanding of 16 different areas of labor inspection. The appendix includes instructions on how to use the labor inspection checklist available in the mobile app provided by KangNam Labor Law Firm.
It is hoped that this 'Labor Inspection Manual' will serve not only as a preparation guide for labor inspections in workplaces but also as a basic manual for companies to check their compliance with labor laws. In particular, it aims to be a guideline to prevent accidents that may occur in workplaces and to create a safe working environment.
Section 1. Cases Related to Labor Inspections 5
Labor Inspection and Company Follow-up Measures 5
Labor Inspection over Unpaid Wages for Temporary Workers 9
Section 2. Regulations Basis for Labor Inspection by Labor Inspectors 17
1. Written Statement of Working Conditions 25
2. Preservation of Employee Registers and Contract Documents 28
3. Payment of Various Money and Goods such as Wages 29
4. Violation of limits on working hours and overtime 35
5. Granting recess hours 38
6. Paid holidays 39
7. Annual paid leave 41
8. Children and Maternity Protection 44
9. Rules of Employment 51
10. Payment of retirement benefits 55
11. Prevention of workplace harassment 59
12. Observation of minimum wage 61
13. Prevention of sexual harassment in the workplace 63
14. Prohibition of Sex Discrimination in Employment 66
15. Prohibition of discrimination against non-regular workers 70
16. Establishment of labor-management council 74
Section 1. Written Statement of Working Conditions 81
Section 2. Preservation of Employee Registers and Contract Documents 89
Section 3. Payment of Various Money and Goods such as Wages 90
Section 4. Violation of limits on working hours and overtime 114Section 5. Granting recess hours 122
Section 6. Paid holidays 129
Section 7. Annual paid leave 134
Section 8. Children and Maternity Protection 147
Section 9. Rules of Employment 161
Section 10. Payment of retirement benefits 181
Section 11. Prevention of workplace harassment 194
Section 12. Observation of minimum wage 204
Section 13. Prevention of sexual harassment in the workplace 212
Section 14. Prohibition of Sex Discrimination in Employment 223
Section 15. Prohibition of discrimination against non-regular workers 230
Section 16. Establishment of labor-management council 238
〈Appendix〉
Introduction to the 'Labor Inspection Checklist' in the 'Labor Law App’ 250
Connect to the app
