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ACT ON THE EMPLOYMENT IMPROVEMENT, ETC., OF CONSTRUCTION WORKERS

ACT ON THE EMPLOYMENT IMPROVEMENT, ETC., OF CONSTRUCTION WORKERS

Act No 5249, Dec. 31, 1996

Amended by Act No. 6848, Dec. 30, 2002

Act No. 8372, Apr. 11, 2007

Act No. 8373, Apr. 11, 2007

Act No. 8429, May 11, 2007

Act No. 8560, Jul. 27, 2007

Act No. 8694, Dec. 14, 2007

Act No. 8811, Dec. 27, 2007

CHAPTER I

General Provisions

Article 1 (Purpose)

The purpose of this Act is to improve the employment of construction workers, to promote their welfare and to contribute to the development of the construction industry, by assisting and promoting their employment security and the development and improvement of their vocational skills, and by conducting welfare programs such as providing construction workers with retirement mutual-aid benefits.

Article 2 (Definitions)

The definition of terms used in this Act is as follows:

1. The term ßÖemployer means a person who employs workers and carries on the construction business

(hereinafter referred to as the ßÖconstruction businessß×) as prescribed in the Presidential Decree, and has obtained a license, permission, registration, etc., under related Acts and subordinate statutes;

2. The term ßÖconstruction workerß×means a worker referred to in Article 2 of the Labor Standards Act and engaged in construction business;

3. The term ßÖoriginal contractorß×means an employer who is awarded a contract for construction work by a person who places the order therefor;

4. The term ßÖsubcontractorß×means an employer who is awarded a contract for construction work by an original - 2 -

contractor or an employer who is awarded a

contract for construction work by the subcontractor; and

5. The term ßÖretirement mutual aid schemeß×means a scheme in which an employer with construction workers as

beneficiaries, pays mutual-aid contributions to the Mutual Aid Association for Construction Workers, and when the beneficiaries retire from the construction business, the Mutual Aid Association for Construction Workers provides them with retirement mutual-aid benefits.

Article 3 (Establishment and Implementation of Master Plan for Employment Improvement of Construction Workers) (1) The Minister of Labor shall establish and implement a master plan (hereinafter referred to as the ßÖmaster planß×) for employment improvement of construction workers in order to achieve employment security for construction workers, promote the development and improvement of their vocational skills and support their welfare promotion.

(2) A master plan shall include the following matters:

1. Matters on employment trends of construction workers;

2. Matters on the improvement of the employment structure of construction workers;

3. Matters on the development and improvement of construction workersßÓvocational skills, such as the cultivation of manpower with construction skills;

4. Matters on welfare promotion for construction workers;

5. Matters on compliance with the provisions of the Labor Standards Act, such as concerning wages, holidays, leave, working hours, etc., in the construction industry; and

6. Matters on employment security for construction workers in winter

(3) Where the Minister of Labor desires to establish a master plan, he/she shall consult with the head of the related central administrative agency and then shall undergo deliberation at the Employment Policy Council under the Basic Employment Policy Act. The same shall apply in case where he/she desires to change the important matters in a master plan as prescribed by the Presidential Decree. (4) Where it is deemed necessary, the Minister of Labor may ask the head of a related central administrative agency to - 3 -

provide materials necessary for the establishment and change of a master plan.

Article 4 (Recommendations)

Where it is deemed necessary for the smooth

implementation of a master plan, the Minister of Labor may recommend employers or employersßÓassociations, etc., necessary matters in relation to the followings with regard to construction workers :

1. Improvement of employment management;

2. Employment security

3. Vocational skills development and improvement; and

4. Welfare promotion CHAPTER

Improvement of Employment of

Construction Workers

Article 5 (Employment Manager)

(1) An employer shall designate an employment manager for each workplace, for the operation of the workplace in respect of the following matters:

1. Matters on the recruitment, employment and assignment of construction workers:

2. Matters on education and training provided to improve the skills of construction workers:

3. Matters on the improvement of the work environment for construction workers;

4. Matters on administrative work related to employment insurance such as the report of the acquisition or loss of qualifications for the insured;

5. Matters on the retirement mutual aid scheme such as subscription to the retirement mutual aid scheme, the payment of mutual-aid contributions, application for the issuance of welfare pocketbooks for construction workers, etc.; and

6. Other matters on employment management for construction workers as prescribed in the Ordinance of the Ministry of Labor.

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(2) If an employer has designated an employment manager, he/she shall notify the fact of the designation to the construction workers by, for instance, posting a notice of the name of the employment manager and other matters prescribed by the Ordinance of the Ministry of Labor at the workplace concerned. (3) When an employer reports the acquisition of

qualifications for the insured pursuant to Article 15 of the Employment Insurance Act, he/she shall report the name of the employment manager under paragraph (1) and other matters prescribed by the Ordinance of the Ministry of Labor. (4) An employer shall make efforts to improve an

employment manager's capability to perform his/her jobs by, for instance, educating and training him/her.

(5) An original contractor shall make efforts, such as providing his/her subcontractor with necessary guidance, support, etc., to ensure that the subcontractor designates an employment manager and properly manages related work.