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ENFORCEMENT DECREE OF THE ACT ON FOREIGN WORKERS' EMPLOYMENT, ETC

ENFORCEMENT DECREE OF THE ACT ON FOREIGN WORKERS' EMPLOYMENT, ETC.

Amended by Presidential Decree No. 20142, Jun. 29, 2007 Amended by Presidential Decree No. 20248, Sep. 6, 2007 Amended by Presidential Decree No. 20681, Feb. 29, 2008 Article 1 (Purpose)

The purpose of this Decree is to prescribe matters delegated by the Act on Foreign Workers' Employment, Etc. and those necessary for the enforcement thereof.

Article 2 (Foreign Workers Excluded from Application of the Act) "Those determined by the Presidential Decree" in the proviso of Article 2 of the Act on Foreign Workers' Employment, Etc. (hereinafter referred to as the "Act") refer to the persons specified in each of the following subparagraphs:

1. Among the status of stay eligible for employment pursuant to Article 23 (1) of the Enforcement Decree of the Immigration Control Act, a person granted with the status of stay of 9. Temporary employment (C-4), 19. Professor(E-1) through 25. Specially designated activities(E-7) or 25-2. Training (E-8);

2. A person who is unrestricted by the classification of status of stay as specified in Article 23 (2) through (4) of the Enforcement Decree of the Immigration Control Act; and

3. A person who is engaged in employment activities and granted with the status of stay of 30. Working holiday (H-1) pursuant to Article 23 (5) of the Enforcement Decree of the Immigration Control Act.

Article 3 (Deliberation and Decisions of the Foreign Workforce Policy Committee)

The "other matters prescribed by the Presidential Decree" in Article 4 (2) 4 of the Act refer to each of the following subparagraphs:

1. Matters concerning businesses or workplaces that are - 2 -

eligible to employ foreign workers;

2. Matters concerning the number of foreign workers businesses or workplaces can employ;

3. Matters concerning the types of industries eligible for the introduction of foreign workers and number thereof for each country entitled to send foreign workers (hereinafter referred to as a "sending country");

4. Matters concerning the protection of foreign workers' rights and interests;

5. Matters specified in the subparagraphs of Article 24-3 (1) of the Enforcement Decree of the Immigration Control Act; and

6. Other matters deemed necessary for the employment, etc. of foreign workers by the Chairman of the Foreign Workforce Policy Committee (hereinafter referred to as the "Policy Committee") pursuant to Article 4 of the Act. Article 4 (Composition of the Policy Committee)

The "central administrative agencies determined by the Presidential Decree" in Article 4 (4) of the Act refer to the Ministry of Strategy and Finance, Ministry of Education and Science Technology, Ministry of Public Administration and Security, Ministry of Culture, Sports and Tourism, Ministry for Food, Agriculture, Forestry and Fisheries, Ministry of Knowledge and Economy, Ministry for Health Welfare and Family Affairs, and Ministry of Land Transport and Maritime Affairs. Article 5 (Duties of the Policy Committee Chairman) (1) The Chairman shall represent the Policy Committee and supervise its affairs.

(2) If the Chairman cannot perform his duties for some inevitable reason, a member designated by the Chairman shall act on his behalf.

Article 6 (Operation of the Policy Committee)

(1) The Chairman of the Policy Committee shall convene and preside over its meetings.

(2) Committee meetings shall require the presence of the majority of its members and decisions shall be made upon the approval of the majority of those present.

(3) A secretary appointed by the Chairman, from among public officials of Grade in the Office for Government Policy Coordination or general public officials belonging to the Senior Civil Service, shall be assigned to the Policy Committee to handle its secretarial affairs. 19513, Jun. 12, 2006>

(4) The Policy Committee may, when deemed necessary for the deliberation and decision of its agendas, request related administrative agencies or organizations, etc. to submit documents or summon relevant public officials or experts, etc. to hear their opinions.

(5) The related public officials or experts, etc. summoned pursuant to paragraph (4) may be given allowances and travel expenses within the budget limit: Provided that this shall not apply to those attending a meeting directly related to their responsibilities.

(6) Except as otherwise provided in this Decree, necessary matters concerning the operation, etc. of the Policy Committee shall be voted upon by the Policy Committee and determined by the Chairman thereafter.

Article 7 (Composition, Operation, etc. of the Foreign Workforce Employment Committee)

(1) The Foreign Workforce Employment Committee (hereinafter referred to as the "Employment Committee") under Article 4 (5) of the Act shall be comprised of no more than 25 members including one chairman.

(2) The Employment Committee shall consist of members representing workers (hereinafter referred to as "worker members"), employers (hereinafter referred to as "employer members"), public interest (hereinafter referred to as "public interest members) and the government (hereinafter referred to as "government members"): Provided that the number of worker members and that of employer members shall be the same.

(3) The Vice-Minister of Labor shall assume the chairmanship of the Employment Committee and members of the Employment Committee shall be commissioned or appointed by the Chairman from among those falling under any of the following subparagraphs:

1. For worker members, those recommended by trade unions which are confederations;

2. For employer members, those recommended by national-level employers' groups;

3. For public interest members, those who have extensive knowledge and experience in the employment, protection of rights and interests, etc. of foreign workers; and - 4 -

4. For government members, public officials of Grade in any related central administrative agency or general public officials belonging to the Senior Civil Service who are involved in foreign worker-related affairs.

(4) Members of the Employment Committee under paragraph (2) shall serve a two-year term (for government members, their term of office).

(5) The Employment Committee shall deliberate in advance necessary matters among those to be deliberated and decided by the Policy Committee and report its findings to the Policy Committee.

(6) The Employment Committee may grant allowances and travel expenses within the budget limit to its members specified in paragraph (2): Provided that this shall not apply to public officials whose responsibilities are directly related to the task at hand.

(7) The provisions of Article 5, Article 6 (1) and (6) shall apply mutatis mutandis with respect to the Employment Committee. In this case, the "Policy Committee" shall be regarded as the "Employment Committee".

Article 8 (Announcement of Foreign Worker Introduction Plan) The "methods determined by the Presidential Decree" in Article 5 (1) of the Act refer to public announcements conducted by means of each of the following subparagraphs:

1. Official gazette;

2. Daily newspapers circulated nationwide pursuant to Article 12 (1) of the Act on the Freedom of Newspapers, Etc. and Guarantee of their Functions; and

3. The Internet. Article 9 (Survey and Research Projects)

The Minister of Labor may, pursuant to Article 5 (3) of the Act, conduct survey or research projects on the following matters to assist foreign worker-related affairs:

1. Matters concerning labor shortage trends by domestic industry and occupation;

2. Matters concerning working conditions, such as wage, and employment situation of foreign workers;

3. Matters concerning employers' satisfaction on the employment of foreign workers;

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4. Matters concerning the compliance of issues consulted pursuant to Article 12 (1);

5. Matters concerning the adjustment of foreign workers to life in Korea and better understanding of the country; or

6. Other matters deemed necessary by the Minister of Labor for the introduction and administration of foreign workers.

Article 10 Deleted. Article 11 Deleted. Article 12 (Preparation of Roster of Foreign Job Seekers) (1) The Minister of Labor shall consult with the sending country with respect to the following matters when preparing a roster of foreign job seekers pursuant to Article 7 (1) of the Act:

1. Compliances concerning the sending and introduction of workforce;

2. Matters concerning the type of industry and size of sending workforce;

3. Matters concerning the institution which selects the workforce to be sent as well as the selection criteria and methods;

4. Matters concerning the implementation of a Korean language proficiency test (hereinafter referred to as the "Korean Language Proficiency Test") pursuant to Article 7 (2) of the Act; and

5. Other matters deemed necessary by the Minister of Labor for the effective sending and introduction of foreign workers.

(2) The Minister of Labor shall prepare and administer a roster of foreign job seekers based on the workforce list forwarded by the sending country.

Article 13 (Korean Proficiency Test)

(1) The Minister of Labor shall, pursuant to Article 7 (3) of the Act, select the institution that will conduct the Korean Proficiency Test after taking into consideration the following matters:

1. Administrative and financial capabilities to conduct the Korean Proficiency Test;

2. Feasibility of conducting the Korean Proficiency Test in an objective and fair manner;

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3. Appropriateness of the questions of the Korean Proficiency Test; and

4. Other matters deemed necessary by the Minister of Labor for the effective implementation of the Korean Proficiency Test.

(2) The Minister of Labor may revoke its decision if the institution selected to conduct the Korean Proficiency Test under paragraph (1) falls under any of the following subparagraphs:

1. If the institution was selected by false or other wrongful means;

2. If any irregularity was found in the course of recruiting applicants of the Korean Proficiency Test, implementing the test or determining the passed or failed;

3. In any other case where the institution is deemed unfit to provide services as an Korean Proficiency Test hosting institution, such as falling short of the selection criteria of institutions to conduct the Korean Proficiency Test pursuant to paragraphs (1) and (6).

(3) The Korean Proficiency Test shall be held at least three times a year and, in principle, shall be based on objective questions: Provided that subjective questions may be added to the test. (4) The Korean Proficiency Test shall include basic matters required to perform work, such as an understanding of the Korean culture and occupational safety.

(5) The institution selected to conduct the Korean Proficiency Test pursuant to paragraph (1) shall annually report on the following matters to the Minster of Labor by the end of November.

1. Results of the Korean Proficiency Test of that year and plans for the following year;

2. Matters concerning the development and implementation of anti-fraud measures for the Korean Proficiency Test;

3. Examination fees of the Korean Proficiency Test; and

4. Other matters determined by the Minister of Labor with respect to the Korean Proficiency Test.

(6) Matters concerning the selection and cancellation of a Korean Proficiency Test hosting institution, detailed criteria of and procedure for developing tests, and other matters necessary with respect to the Korean Proficiency Test shall be determined - 7 -

and announced by the Minister of Labor.

Article 13-2 (Extension of Valid Period for Work Permit Application) If an employer requests for, pursuant to Article 8 (2) of the Act, an extension of the work permit application period before its expired date due to any of the following circumstances, the head of an Employment Security Center (hereinafter referred to as "Employment Security Center") under Article 4 (1) of the Employment Security Act shall grant an extension of up to three months:

1. Where an employer is incapable of hiring new workers due to temporary financial difficulties or unexpected work reduction, etc.; or

2. Where an employer is unable to continue his/her business due to an act of God, or other reasons beyond control.

Article 13-3 (Requirements for the Issuance of Work Permits) The "requirements determined by the Presidential Decree, such as the type of industry and size of foreign workforce introduction" in Article 8 (3) of the Act refer to all of the following requirements:

1. The type of industry to introduce foreign workers and business or workplace eligible for employing foreign workers shall be as prescribed by the Policy Committee;

2. Despite making efforts to seek domestic workers for a period set by the Ordinance of the Ministry of Labor, the employer shall be unable to hire, in whole or in part, the domestic workers for which he submitted an employment announcement to an Employment Security Center:

Provided that this shall not apply in cases where the employer has rejected job placement services provided by the head of an Employment Security Center pursuant to Article 6 (2) of the Act at least twice without any justifiable cause;

3. The employer shall not have dismissed a domestic worker due to employment adjustments during the period

between two months prior to submitting an employment announcement seeking domestic workers pursuant to Article 6 (1) of the Act and the date on which the work permit was issued;

4. The employer shall not have deferred any wages during - 8 -

the period between two months prior to submitting an employment announcement seeking domestic workers

pursuant to Article 6 (1) of the Act and the date on w hich the work permit was issued;

5. The employer shall be insured by employment insurance under the Employment Insurance Act and industrial accident compensation insurance under the Industrial Accident Compensation Insurance Act: Provided that this shall not apply to businesses or workplaces exempted from the application of the Employment Insurance Act and the Industrial Accident Compensation Insurance Act;

6. Employers of a business or workplace that employs foreign workers shall insure their foreign workers with the insurance or trust prescribed under Article 13 of the Act and the guarantee insurance under Article 23 (1) of the Act. (limited to only eligible employers)

Article 14 (Issuance, etc. of Employment Permit)

(1) Deleted. (2) Employers granted a foreign worker employment permit pursuant to Article 8 (4) of the Act shall conclude an employment contract with the foreign worker within three months of the date on which the said employment permit was issued. (3) Upon the issuance of a foreign worker employment permit pursuant to Article 8 (4) of the Act, if the employer is unable to sign an employment contract with the foreign worker concerned due to some inevitable reason, such as the death of the foreign worker, the head of an Employment Security Center shall reissue an employment permit after recommending another foreign worker.

(4) In cases where the head of an Employment Security Center has issued or reissued an employment permit to an employer pursuant to Article 8 (4) of the Act or paragraph (3) of this Decree, the employment permit period shall be set within the period of the employment contract prescribed Article 9 (3) of the Act.

(5) Matters necessary for the issuance and reissuance of employment permits shall be determined by the Ordinance of - 9 -

the Ministry of Labor.

Article 15 (Handover of Employment Permit)

Employers who have been issued or reissued an employment permit pursuant to Article 14 shall hand over their employment permit within ten days if any of the following circumstances occur in the business or workplace concerned:

1. When the employment permit has been revoked pursuant to Article 19 of the Act;

2. When a foreign worker has transferred to another business or workplace pursuant to Article 25 of the Act; or

3. When any of the circumstances falling under Article 23 (1) 1 and 3 or 7 has occurred.

Article 16 (Employment Contract Agent, etc.)

(1) The "persons determined by the Presidential Decree" in Article 9 (2) of the Act refer to the Human Resources Development Service of Korea (hereinafter referred to as the "Human Resources Development Service of Korea") under the Human Resources Development Service of Korea Act.

(2) If an employer or the Human Resources Development Service of Korea signs an employment contract or acts as an agent of the said contract, there shall be two copies of the employment contract of which one is provided to the foreign worker.

Article 17 (Effective Period, etc. of Employment Contracts) (1) The employment contract signed under Article 9 (1) of the Act shall enter into force on the date of the foreign workers' entry to Korea.

(2) Employers, who have renewed an employment contract pursuant to the proviso of Article 9 (3) of the Act, shall obtain a permit to extend the employment period of the foreign worker from the head of an Employment Security Center. Article 18 (Job Training Institutions for Foreign Workers) The "organizations determined by the Presidential Decree" in Article 11 (1) of the Act refer to those falling under any of the following subparagraphs:

1. The Human Resources Development Service of Korea; or

2. A non-profit corporation or non-profit organization, determined and announced by the Minister of Labor, in - 10 -

consideration of industry-specific characteristics. In this case, specific criteria, procedure, etc. of designation shall be separately determined by the Minister of Labor.

Article 19 (Foreign Workers Subject to Special Cases of Employment) The "foreigners who have entered after obtaining a visa determined by the Presidential Decree" in the former part of Article 12 (1) of the Act refer to those qualifying for the status of stay of 31. Visiting employment (H-2) as specified in the attached Table 1 of the Enforcement Decree of the Immigration Control Act.

Article 20 (Requirements, etc. for the Issuance of Employment Permit Certificates)

(1) The issuance requirements of the employment permit pursuant to Article 13-3 shall apply mutatis mutandis to the issuance requirements of the employment permit certificates (hereinafter referred to as "employment permit certificate") pursuant to the former part of Article 12 (4) of the Act. In this case, "employment permit" shall be regarded as "employment permit certificates".

(2) When an employer has submitted an application pursuant to Article 12 (4) of the Act, the head of an Employment Security Center shall issue an employment permit certificate if the requirements for issuance as specified in paragraph (1) have been satisfied.

Article 20-2 (Confirmation of Modification of Employment Permit Certificate)

(1) Upon being issued an employment permit certificate pursuant to Article 12 (4) of the Act, if the employer needs to make any critical modifications, as determined by the Ordinance of the Ministry of Labor, such as the number of foreign workers permitted to work in the business or workplace, to the employment permit certificate as a result of changes to the industry or size, etc. of the business or workplace concerned, the employer shall obtain a confirmation of modification of the employment permit certificate from the head of an Employment Security Center.

(2) Necessary matters with respect to the procedure for the - 11 -

confirmation of modification of the employment permit certificate shall be determined by the Ordinance of the Ministry of Labor.

Article 21 (Departure Guarantee Insurance and Trust) (1) Employers eligible for the insurance or trust (hereinafter referred to as the "departure guarantee insurance, etc.") under Article 13 of the Act refer to those falling under each of the following subparagraphs: Provided that, this shall not apply to employers of businesses or workplaces specified in Article 12 (1) 1 of the Act.

1. An employer of a business or workplace with five or more workers; or

2. An employer who has hired a foreign worker whose remaining employment period pursuant to Article 18 (1) of the Act is one year or longer.

(2) Employers eligible for the departure guarantee insurance, etc. under paragraph (1) shall enroll in the departure guarantee insurance, etc. that meets all of the following requirements within 15 days of the date on which the employment contract has entered into force:

1. Apart from wages under Article 2 (1) 5 of the Labor Standards Act, the employer shall reserve a monthly deposit, of which the amount is determined by the Minister of Labor, for the insured or beneficiaries (hereinafter referred to as "the insured, etc.") under Article 13 of the Act;

2. If the insured, etc., after working for one year or longer without leaving the business or workplace, departs the country following the expiration of his/her employment period under Article 18 (1) of the Act or transfers to another business or workplace pursuant to Article 25 of the Act, he/she shall be allowed to directly demand the financial institution (referred to as "insurance provider" in this Article) which deals with the departure guarantee insurance, etc. concerned to provide the reserve in a single payment: Provided that if the insured, etc., after working for less than a year or leaving the business or workplace, transfers to another business or workplace - 12 -

pursuant to Article 25 of the Act or departs from the country (excluding temporary departure), the single payment reserve shall belong to the employer;

3. The rights of the insured, etc. who is to receive a single payment of the departure guarantee insurance, etc. shall not be delegated or offered as collateral;

4. The insurance provider shall inform the insured, etc. of the contract contents of the departure guarantee insurance, etc. prior to its signing and notify the insured, etc. of contract signing thereafter.

5. The insurance provider shall notify the insured, etc. of the annual premiums or payment status of the trust and the estimated single payment amount.

(3) If the single payment amount of the guarantee departure insurance, etc. under paragraph (2) is less than that of the retirement benefits under Article 8 (1) of the Employee Retirement Benefit Security Act, the difference between the said amounts shall be paid to the foreign worker.

Article 22 (Return Cost Insurance and Trust)

(1) Foreign workers shall enroll in an insurance or trust that meets the following requirements (hereinafter referred to as "return cost insurance, etc.") within 80 days of the date on which his/her employment contract has entered into force pursuant to Article 15 of the Act:

1. The foreign worker shall make a single payment of the amount specified in paragraph (3);

2. If a foreign worker enrolls in a return cost insurance, etc., the financial institution (referred to as "insurance provider" in this Article) which deals with the return cost insurance, etc. concerned shall notify the head of the Employment Security Center with jurisdiction over the business or workplace; and

3. If a foreign worker requests for a single-payment of the return cost insurance, etc. pursuant to paragraph (2), the insurance provider shall provide the single payment of the return cost insurance, etc. after verifying the departure of the worker with the head of the local immigration office.

(2) Foreign workers may request for the single payment of the return cost insurance, etc. in any of the following events:

1. If the worker wishes to depart from the country upon - 13 -

the expiration of his/her stay;

2. If the foreign worker has to depart from the country prior to the expiration of his/her stay due to personal reasons (temporary departure not included); or

3. If a foreign worker, who has left his/her business or workplace, wishes to voluntarily depart from the country or is subject to deportation.

(3) The premiums for the return cost insurance, etc. shall be determined and announced by the Ministry of Labor on a country basis in consideration of the cost required to return to the home country.

Article 23 (Management of Foreign Workers' Employment) (1) The "reasons prescribed by the Presidential Decree" in Article 17 (1) of the Act refer to the following subparagraphs:

1. In the case of the death of a foreign worker;

2. In cases where it is unsuitable for a foreign worker to continue to work in the business concerned due to reasons, such as injury;

3. In cases where a foreign worker has been absent from work for at least five days without taking the proper procedures, such as obtaining the employer's approval, or the whereabouts of a foreign worker is unknown;

4. In cases where a foreign worker may pose a potential risk to public hygiene by contracting an infectious disease specified in Article 2 (1) 1 through 4 of the Prevention of Contagious Diseases Act or through drug addiction, etc.;

5. In cases where an employment contract with a foreign worker has been terminated;

6. In cases where the employment period of a foreign worker has expired;

7. In cases where a foreign worker has departed from the country upon expiration of his/her period of stay, etc. (temporary departure not included);

8. In cases where the name of the employer or place of work has changed; or

9. In cases where only the place of work has changed and not the employer.

(2) The Minister of Labor shall, pursuant to Article 17 (2) of the Act, develop at least once a year, a guidance and monitoring plan for businesses or workplaces employing foreign workers and conduct guidance and monitoring on the business - 14 -

or workplaces selected in accordance to the said plan to identify the implementation status related to working conditions, occupational safety and health measures, etc. for foreign workers and the compliance status of other relevant laws. (3) If any violations of the pertinent laws, such as the Labor Standards Act and the Immigration Control Act, are found in the process of conducting guidance and monitoring pursuant to paragraph (2), the Minister of Labor shall take the necessary actions in accordance to the relevant law: Provided that, if the violation concerned does not fall under the authority of the Minister, it shall be notified to the responsible department. (4) The head of an immigration office or its branch office may request material regarding the management of foreign workers' employment from the head of an Employment Security Center with respect to his/her duties. In this case, the head of the Employment Security Center shall accept the said request unless there is any special reason.

Article 23-2 (Special Cases of Employment Restrictions) Upon the request of an employer pursuant to Article 18-2 (1) of the Act, the employment restriction period under Article 18 (2) of the Act shall be one month from the date of the foreign worker's departure.

Article 24 (Cancellation of Foreign Worker Employment Permit) When issuing an order to revoke an employment permit against an employer pursuant to Article 19 (1) of the Act, the Minister of Labor shall do so by documenting the following matters:

1. Reason for cancellation;

2. Date of termination of the employment contract with the foreign worker concerned; and

3. Restrictions on foreign workers' employment, if any, pursuant to Article 20 of the Act.

Article 25 (Restrictions on Foreign Workers' Employment) "Those who have other reasons determined by the

Presidential Decree" in Article 20 (1) 4 of the Act refer to persons falling under any of the following subparagraphs:

1. A person who has dismissed a domestic worker due to employment adjustments within six months of the date of - 15 -

issuance of a foreign worker employment permit under pursuant to Article 8 of the Act; or

2. A person who made a foreign worker provide work in a business or workplace other than that stated in the employment contract.

Article 26 (Projects Related to Foreign Workers)

The "other projects prescribed by the Presidential Decree" in Article 21 (6) of the Act refer to the following projects:

1. Projects for the development and operation of computer systems for the management of foreign workers'

employment necessary for job placement, employment management, etc. of foreign workers;

2. Projects related to the adjustment of foreign workers to life in Korea and better understanding of the Korean culture;

2-2. Projects aimed at assisting the administration of departure guarantee insurance, etc., return cost insurance, etc. and the guarantee insurance and personal accident insurance under Article 23 of the Act; or

3. Other projects deemed necessary by the Policy Committee for the management of foreign workers' employment. Article 27 (Enrollment in Guarantee Insurance)

(1) The "businesses or workplaces prescribed by the Presidential Decree" in Article 23 (1) of the Act refer to those falling under any of the following subparagraphs: Provided that business or workplaces specified in Article 12 (1) 1 of the Act are excluded.

1. Businesses or workplaces to which the Wage Claim Guarantee Act does not apply; or

2. Businesses or workplaces employing less than 300 workers. (2) The employer of a business or workplace specified in paragraph (1) shall enroll in a guarantee insurance that meets the following requirements within 15 days of the date on which the employment contract has entered into force.

1. The employer shall guarantee the amount, announced by the Minister of Labor, or more to pay for unpaid wages;

2. The guarantee insurance company shall notify the foreign worker that a guarantee insurance has been taken out; and

3. If there are any unpaid wages, the foreign worker shall be able to demand the payment of the guarantee

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insurance benefits from the guarantee insurance company. Article 28 (Enrollment in Casualty Insurance)

(1) The "businesses or workplaces determined by the Presidential Decree" in Article 23 (2) of the Act refer to those employing foreign workers.

(2) The foreign workers employed in the businesses or workplaces specified in paragraph (1) shall enroll in a casualty insurance that meets the following requirements within 15 days of the date on which the employment contract has entered into force:

1. The insurance benefit of which the amount is determined by the Minister of Labor shall be paid upon the death, illness, etc. of a foreign worker; and

2. A foreign worker or his/her bereaved family shall be able to demand the payment of the casualty insurance benefits from the insurance company upon the death, illness, etc. of the foreign worker.

Article 29 (Support for Foreign Workers-Related Organizations, etc.) (1) The "services prescribed by the Presidential Decree" in Article 24 (1) of the Act refer to those falling under the following subparagraphs:

1. Projects that support free-of-charge medical services for foreign workers;

2. Projects related to cultural events for foreign workers;

3. Projects that support funeral services for foreign workers; and

4. Other projects deemed necessary by the Policy Committee for the protection of foreign workers' rights and interests, etc.

(2) Institutions or organizations that satisfy each of the following requirements shall be eligible for government support for the costs associated with a project pursuant to Article 24 (1) of the Act :

1. The institution or organization shall be a non-profit corporation or non-profit organization;

2. The institution or organization shall have in place facilities or equipments, as determined and announced by the Minister of Labor, for the project; and

3. The institution or organization shall either employ two or more persons holding a national qualification or a private qualification recognized by the government or persons - 17 -

with at least one-year experience in the relevant field for the project.

(3) The Minister of Labor shall determine whether to support the institutions or organizations satisfying the requirements specified in paragraph (2) with part of the costs required to conduct the project by assessing its project plan, performances, etc.

(4) The level of support for the costs required to conduct the project shall be determined by the Minister of Labor. In this case, the support level may vary upon the assessment results of the project performance, etc.

(5) Except as otherwise provided in paragraphs (1) through (4), the Minister of Labor shall determine matters necessary for the selection procedure, operation, etc. of the institution or organization eligible for support from the Minister of Labor. Article 30 (Change of Business or Workplace)

(1) The "other reasons prescribed by the Presidential Decree" in Article 25 (1) 4 of the Act refer to circumstances where it is deemed inappropriate for a foreign worker to continue his/her work in the business or workplace concerned due to an accident, etc. but where the foreign worker concerned is fit to work in another business or workplace.

(2) The head of an Employment Security Center may, pursuant to the proviso of Article 25 (4) of the Act, allow for an additional change of business or workplace, when a foreign worker has shifted to a different business or workplace for three times solely due to the reasons specified in Article 25 (1) 2 through 4-1.

(3) The head of an Employment Security Center shall notify the head of an immigration office or its branch office of the list of persons subject to departure pursuant to Article 25 (3) of the Act.

Article 31 (Delegation and Entrustment of Authority) (1) The Minister of Labor shall delegate the following authorities to the head of the regional labor office in accordance to Article 28 of the Act:

1. Acceptance of reports under Article 17 (1) of the Act;

2. Orders to revoke foreign worker employment permits under Article 19 of the Act;

3. Restrictions on foreign workers' employment under Article 20 of the Act;

4. Orders, investigations, inspections, etc. under Article 26 - 18 -

(1) of the Act (limited to orders, investigations, inspections on employers and foreign workers);

5. Imposition and collection of fines for negligence under Article 32 of the Act; and

6. Guidance and monitoring under Article 23 (2). (2) The Minister of Labor shall, pursuant to Article 28 of the Act, delegate the following authorities to the Human Resources Development Service of Korea:

1. Preparation and management of roster of foreign job-seekers pursuant to Article 12 (2);

2. A project to assist with the entry and departure of foreign workers pursuant to Article 21 (1) (limited to a project related to a sending country);

3. A project to promote cooperation with related public agencies of sending countries pursuant to Article 21 (3); and

4. Collection of fees, etc. pursuant to Article 27 (2)(limited to an entrusted project under subparagraph 2 and 3); (3) The Minister of Labor shall, pursuant to Article 28 of the Act, delegate the following authorities to the Korea Occupational Safety and Health Agency, and a non-profit corporation or a non-profit organization designated and announced by the Minister of Labor, considering human and material capability, etc. for job performance.

1. A project to assist with the entry and departure of foreign workers pursuant to Article 21 (1) (except a project related to a sending country);

2. Projects that provide training to foreign workers and their employers pursuant to subparagraph 2 of Article 21 of the Act;

3. Projects that promote cooperation with foreign workers-related private organizations pursuant to subparagraph 3 of Article 21 of the Act;

4. Projects that offer services, such as counseling, to foreign workers and their employers pursuant to subparagraph 4 of Article 21 of the Act;

5. Collection of fees, etc. pursuant to Article 27 of the Act (limited to a project entrusted under subparagraph 1 through 4);

6. Projects related to the adjustment of foreign workers to life in Korea and better understanding of the Korean culture pursuant to subparagraph 2 of Article 26; - 19 -

7. Projects that provide assistance pursuant to subparagraph 2-2 of Article 26;

(4) Deleted. (5) The Minister of Labor shall, pursuant to Article 28 of the Act, entrust the development and operation of computer systems for the management of foreign workers' employment, as specified in Article 26 (1), to the Korea Employment Information Service under Article 33 of the Basic Employment Policy Act. Article 32 (Imposition and Collection of Fines for Negligence) (1) When imposing a fine for negligence pursuant to Article 23 (2) of the Act, the Minister of Labor shall investigate and confirm the violation in question and send the person subject to the fine for negligence a written notice specifying the type of violation, amount of fine, payment due date, etc. (2) When imposing a fine for negligence pursuant to paragraph (1), the Minister of Labor shall set a period of ten days or longer to provide the person subject to the fine for negligence with an opportunity to make his/her statement, either orally or in writing. In this case, if no statement is made within the set period, it shall be considered he/she has no statement to make.

(3) The criteria for imposing fines for negligence pursuant to paragraphs (1) and (2) shall be as specified in the attached table.

(4) The procedure for collecting fines for negligence shall be determined by the Ordinance of the Ministry of Labor. Addenda

Article 1 (Enforcement Date)

This Decree shall enter into force on July 1, 2007.

Articles 2 and 3 Omitted.

Article 4 (Revisions of Other Laws)

(1) through (13) Omitted.

(14) The Enforcement Decree of the Act on Foreign Workers' Employment, Etc. shall be revised as follows:

"Article 18 of the Labor Standards Act" in Article 21 (2) 1 shall be revised to read "Article 2 (1) 5 of the Labor Standards - 20 -

Act".

(15) through <17> Omitted.

Article 5 Omitted.

Table 0 Criteria for Imposing Fines for Negligence [relating to Article 32 (3)]

Addenda Article 1 (Enforcement Date)

This Decree shall enter into force on the date of promulgation.

Articles 2 and 4 Omitted.

Article 5 (Revisions of Other Laws)

(1) through (15) Omitted.

(16) Parts of the Enforcement Decree of the Act on Foreign Workers' Employment, Etc. shall be revised as follows: "the Ministry of Education and Human Resources

Development, Ministry of Government Administration and Home Affairs, Ministry of Science and Technology, Ministry of Culture and Tourism, Ministry of Agriculture and Forestry, Ministry of Information and Communication, Ministry of Health and Welfare, Ministry of Construction and Transportation, Ministry of Maritime Affairs and Fisheries and Ministry of Planning and Budget." in Article 4 shall be revised to read "the Ministry of Strategy and Finance, Ministry of Education and Science Technology, Ministry of Public Administration and Security, Ministry of Culture, Sports and Tourism, Ministry for Food, Agriculture, Forestry and Fisheries, Ministry of Knowledge and Economy, Ministry for Health Welfare and Family Affairs, and Ministry of Land Transport and Maritime Affairs."

"Office for Government Policy Coordination " in Article 6 (3) shall be revised to read "Office of the Prime Minister." (17) through <20> Omitted.

[Table] Imposition Criteria for Fines for Negligence (Relating to Articles 32 (3))