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Act on the Protection, Etc. of Temporary Agency Workers — Article 21-2 (Requests by the Minister of Employment and Labor for Correction of Discriminatory Treatment)

파견근로자 보호 등에 관한 법률 제21조의2

This English translation is based on the Korean text effective 2020-12-08. The Korean law has since been amended (current version effective 2026-05-26) — check the Korean original.

(1) Where any temporary work agency or user company gives discriminatory treatment in violation of Article 21 (1), the Minister of Employment and Labor may request a correction thereof.

(2) Where any temporary work agency or user company fails to comply with a request for correction made under paragraph (1), the Minister of Employment and Labor shall notify the Labor Relations Commission of the discriminatory treatment with the detailed description thereof. In such cases, the Minister of Employment and Labor shall notify the relevant temporary work agency or user company and the relevant worker of such fact.

(3) Upon receiving the notification from the Minister of Employment and Labor pursuant to paragraph (2), the Labor Relations Commission shall, without delay, examine whether the discriminatory treatment exists. In such cases, the Labor Relations Commission shall provide an opportunity to state opinions to the relevant temporary work agency or user company and the relevant worker.

(4) Articles 9 (4), 11 through 15 and 15-2 (5) of the Act on the Protection, etc. of Fixed-Term and Part-Time Workers which apply mutatis mutandis under Article 15-2 (4) of the same Act shall apply mutatis mutandis to examinations by the Labor Relations Commission under paragraph (3) and other procedures for correction. In such cases, "date of a request for correction" shall be construed as "date of receiving notification", "decision of dismissal" as "decision that there has been no discriminatory treatment", "the parties concerned" as "the temporary work agency or user company and worker", and "worker who has filed a request for correction" as "relevant worker", respectively.[This Article Wholly Amended on Apr. 30, 2019]

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Korean original (law.go.kr) · Get articles as JSON via API