“Where the disclosure of name is not effective due to death of the business owner in arrear or closure of business or where other reasons prescribed by Presidential Decree exist” in the proviso of Article 43-2 (1) of the Act means any of the following cases: <Amended on Mar. 30, 2021>
1. Where the business owner (hereinafter referred to as “business owner in arrear”) who has failed to pay the wages, compensations, allowances and all other money or valuables pursuant to Articles 36, 43, 51-3, 52 (2) 2, or 56 of the Act (hereinafter referred to as “wages, etc.”) dies or is sentenced to the judicial declaration of disappearance pursuant to Article 27 of the Civil Act (applicable only where the business owner in arrear is a natural person);
2. Where the business owner in arrear pays the full amount of the wages, etc. in arrear before the end of the explanation period under Article 43-2 (2) of the Act;
3. Where the business owner in arrear receives the court decision for initiation of rehabilitation procedure or he or she is sentenced to bankruptcy pursuant to the Debtor Rehabilitation and Bankruptcy Act;
4. Where the business owner in arrear receives the acknowledgment of bankruptcy or other facts pursuant to Article 5 of Enforcement Decree of the Wage Claim Guarantee Act;
5. Where the business owner in arrear is deemed, by the Committee for Review of Information on Overdue Wages under Article 43-2 (3) of the Act (hereinafter referred to as the “Committee” in this Article), necessary to be exempted from the requirement of disclosure of name because he or she has paid part of the overdue wages, etc. and sufficiently explained plans for liquidation and financing schedule with respect to the remaining overdue wages, etc.;
6. Cases equivalent to those under subparagraphs 1 through 5, where the Committee deems that disclosure of personal information, etc. of the business owner in arrear is not effective.[This Article Newly Inserted on Jun. 21, 2012]