1. Reason for and main contents of revision
A. Revision of conditions for issuance of employment permits
Industrial accident insurance is one of the conditions for issuance of employment permits, but workplaces not covered by the Industrial Accident Compensation Insurance Act such as a private agricultural/fishery workplace with less than five workers are exempted. Each private agricultural/fishery workplace with less than five workers records a higher rate of industrial accidents compared with other industries but obtains employment permits even without industrial accident insurance; hence the need for amendment so that employment permits are issued only when agricultural/fishery safety insurance or fisherman accident insurance similar to industrial accident insurance is purchased.
B. Improvement of provisions on the procedure for extending the employment permit period
Employers and foreign workers may conclude employment contracts only when the employment permit is obtained within the employment activity period. Although the Act was amended so that, if entry/exit of foreigners is difficult due to infectious diseases or natural disasters, etc., the employment activity period may be extended by up to one year depending on the decision of the Foreign Worker Policy Committee, there is no provision on the extension of employment permit period; therefore, the aim is to make the corresponding improvement.
C. Restriction of employment permit in case of cancellation of the employment contract prior to entry of the worker
In case of new employment permit, if the employer cancels the contract without justifiable reason, the employer is subject to restriction of employment in order to prevent possible damage to foreign workers caused by unilateral cancellation of the contract due to mere change of heart on the part of the employer.
As for cases wherein employers are forced to cancel the acceptance of foreign workers due to extended standby for entry owing to non-availability of flight because of COVID-19, the aim is to clarify unavoidable cases such as unavailability of regular flight due to war, disasters, spread of infectious diseases, etc.
D. Delegation of authority for investigation, etc. of foreign worker -related groups receiving budgetary support
The aim is to delegate—to the heads of regional employment and labor offices—the authority for investigation, etc. of foreign worker-related groups receiving budgetary support from the Ministry of Employment and Labor in order to manage the projects supporting groups related to foreign workers promptly and efficiently.
