(1) "Number of employees regularly employed" in Article 11 (3) of the Act means the number of employees calculated by dividing the total number of employees employed for one month (in cases of less than one month from the commencement of a business, referring to a period after the commencement of such business; hereinafter referred to as the "period of calculation") prior to the date of occurrence of a reason (referring to a reason requiring judgement as to whether the Act or this Decree applies, such as payment of a compensation of suspension of work, application of working hours, etc.; hereafter the same shall apply in this Article) governed by the Act in the relevant business or at the relevant workplace by the number of working days during the same period.
(2) Notwithstanding paragraph (1), according to the following classifications, a business or workplace shall be deemed a business or a workplace that employs five (in the case of judgement as to whether Article 93 of the Act shall apply, referring to 10 employees; hereafter referred to as "criteria for application of the Act" in this Article) or more employees (hereafter referred to as "business or workplace governed by the Act" in this Article), or shall not be deemed a business or a workplace governed by the Act:
1. In cases where it is deemed the business or the workplace governed by the Act: Where the number of days, in which the number of employees of the relevant business or the relevant workplace calculated under paragraph (1) falls short of the criteria for application of the Act, is less than 1/2 of a period for calculation even in cases not falling under the business or the workplace governed by the Act;
2. In cases where it is not deemed the business or workplace governed by the Act: Where the number of days, in which the number of employees of the relevant business or the relevant workplace calculated under paragraph (1) falls short of the criteria for application of the Act, is more than 1/2 of a period for calculation, even in cases falling under the business or workplace governed by the Act.
(3) Where determining whether the provisions of Articles 60 through 62 of the Act (excluding the provisions concerning an annual paid leave under Article 60 (2) of the Act) apply, the business or the workplace that employs five or more employees continuously for one year prior to the date of occurrence of a reason for application of the Act as a result of calculation of the number of employees by month pursuant to paragraphs (1) and (2) shall be deemed the business or the workplace governed by the Act.
(4) The total number of employees in paragraph (1) shall include all of the following employees, excluding temporary agency workers under subparagraph 5 of Article 2 of the Act on the Protection of Temporary Agency Workers: <Amended on Jun. 29, 2018>
1. All the employees working for a single business or workplace regardless of the type of employment, such as full-time employees of the relevant business or the relevant workplace and fixed-term employees and part-time employees under subparagraph 1 of Article 2 of the Act on the Protection of Fixed-Term and Part-Time Employees;
2. A person who works for his or her cohabiting relative’s business or workplace if such business or workplace employs at least one employee falling under subparagraph 1.[This Article Newly Inserted on Jun. 25, 2008]