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  • [노무/인사] Partial Amendment Order of the Enforcement Decree of the Labor Standards Act
    • Competent Ministry : Ministry of Employment and Labor
    • Advance Publication of Legislation : 2018-05-03
    • Opinion Submission Deadline : 2018-06-12

(1) Reasons for Proposal
As the Labor Standards Act (Act No. 15513, promulgated on March 20, 2018) was amended to prescribe that holidays that used to be applied only to government offices shall now be guaranteed by private enterprises as paid leaves; and that the scope of businesses eligible for special cases to working hours and recess hours not subject to extended work limits shall be reduced, this Partial Amendment Order aims to determine matters delegated by the Act and matters necessary for their enforcement by determining the holidays to be applied to private enterprises and deleting businesses eligible for special cases stipulated in the Enforcement Decree; and improve several shortcomings that have surfaced over the course of application of this Act by clarifying cited provisions, etc.
(2) Major Provisions

A. Prescribe regulation on holidays applied to private enterprises (Article 30 (2), newly inserted)
Stipulate holidays delegated by the Act as holidays according to the Regulations on Holidays of Government Offices so that workers shall be guaranteed the same right to rest as public officials

B. Modify businesses eligible for special cases (Article 32, deleted)
Delete the provisions on social welfare businesses, which have been excluded from businesses eligible for special cases, as the Act was amended to reduce the scope of businesses eligible for special cases to working hours and recess hours

C. Modify cited provisions according to other amendments to the Labor Standards Act (Article 8, amended; Article 22 (2) 5, deleted)
Modify the provisions of the Enforcement Decree which cite provisions that have been changed according to the amendment to the Labor Standards Act and its Enforcement Decree



Regulatory effect assessment
  • 22.자체규제검토서(근로기준법 시행령).hwp [download]
Legislative proposal (draft)
  • 06.근로기준법 시행령 일부개정령안 입법예고 공고문.hwp [download]