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Enforcement Decree of the Labor Standards Act — Article 22 (Documents for Preservation)

근로기준법 시행령 제22조

This English translation is based on the Korean text effective 2021-11-19. The Korean law has since been amended (current version effective 2025-10-23) — check the Korean original.

(1) "Documents related to labor contracts as prescribed by Presidential Decree" in Article 42 of the Act means the following documents: <Amended on Mar. 30, 2021>

1. Employment contracts;

2. Wage ledgers;

3. Documents pertaining to the basis for the determination, payment method, and calculation of wages;

4. Documents pertaining to employment, dismissal, or retirement;

5. Documents pertaining to promotion or demotion;

6. Documents pertaining to leaves of absence;

7. Deleted; <Dec. 9, 2014>

8. A written agreement under Articles 51 (2), 51-2 (1), proviso of paragraph (2) of that Article and proviso of paragraph (5) of that Article, 52 (1), proviso of paragraph (2) 1 of that Article, 53 (3), proviso of Article 55 (2), 57, 58 (2) and (3), 59 (1) or 62 of the Act;

9. Documents pertaining to certification of a minor under Article 66 of the Act.

(2) The preservation period of important documents on employment contracts under Article 42 of the Act shall be counted from any of the following dates:

1. For the register of employees, the date of dismissal, retirement, or death of an employee;

2. For employment contracts, the date of termination of employment ;

3. For wage ledgers, the date of the last entry;

4. For documents on employment, dismissal, or retirement, the date of dismissal or retirement of an employee;

5. Deleted; <Jun. 29, 2018>

6. For documents related to a written agreement under paragraph (1) 8, the date of an agreement concluded in writing;

7. For documents pertaining to certification of a minor, the date on which the minor attains the age of 18 (if the minor is dismissed, retires, or dies before the age of 18, the date of dismissal, retirement, or death);

8. Date of completion for other documents.[Part regarding Article 53 (3) in the amended provision of paragraph (1) 8 of this Article under Article 2 of the Addenda to the Presidential Decree No. 31584 (Mar. 30, 2021) shall remain effective until December 31, 2020.][Enforcement Date] The amended provisions of Article 22 (1) 8 and 4: Following dates:(a) Part of a business or business place with a regular workforce of not less than five but not more than 50 employees, as part of Article 51-2 (1) of the Act, the proviso of paragraph (2) of that Article and proviso of paragraph (5) of that Article, Article 52 (1), and the proviso of paragraph (2) 1 of that Article : July 1, 2021;(b) Matters related to Article 53 (2) 3 of the Act; July 1, 2021(c) Part of a business or business place with a regular workforce of not less than five but not more than 30 employees as part of the proviso of Article 55 (2) of the Act: January 1, 2022.

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