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Labor Standards Act — Article 43-2 (Disclosure of Names of Business Owners in Arrears)

근로기준법 제43조의2

This English translation is based on the Korean text effective 2025-10-23. The Korean law has since been amended (current version effective 2026-10-02) — check the Korean original.
The official source lists more than one English text for this article (for example an amendment with a different effective date). Check the Korean original for the version in force.
version 1 of 2

(1) Where at least twice of conviction against the business owner (including the representative person in cases of a corporation; hereinafter referred to as "business owner in arrear") who fails to pay wages, compensations, allowances, or any other money or valuable pursuant to Articles 36, 43, 51-3, 52 (2) 2, and 56 (hereinafter referred to as "wages, etc.") are upheld due to his or her failure to pay the wages, etc. within three years prior to the date of disclosure of name, and the total amount of money in arrear with the wages, etc. during the period of one year prior to the date of the said disclosure is at least 30 million won, the Minister of Employment and Labor may disclose his or her personal information, etc.: Provided, That this shall not apply where the disclosure of name is not effective due to death or closure of business of the business owner in arrear or where other reasons as prescribed by Presidential Decree exist. <Amended on May 26, 2020; Jan. 5, 2021>

(2) Upon disclosing the name pursuant to paragraph (1), the Minister of Employment and Labor shall provide the business owner in arrear with an opportunity to explain by fixing a period of at least three months for such explanation.

(3) In order to review as to whether or not the personal information, etc. of the business owner in arrear should be disclosed pursuant to paragraph (1), the Committee for Review of Information on Overdue Wages (hereafter referred to as the "Committee" in this Article) shall be established within the Ministry of Employment and Labor. In such cases, necessary matters, such as structure and operation, etc. of the Committee, shall be prescribed by Ordinance of the Ministry of Employment and Labor.

(4) Details, period and method, etc. of disclosure of name under paragraph (1) and other necessary matters for the disclosure shall be prescribed by Presidential Decree.[This Article Newly Inserted on Feb. 1, 2012]

version 2 of 2

(1) If a business owner (including the representative in the case of a corporation; hereinafter referred to as “business owners in arrears”) has been convicted twice of failing to pay wages, compensations, allowances, retirement benefits under Article 12 (1) of the Act on the Guarantee of Employee’s Retirement Benefits, or any other money or valuables pursuant to Articles 36, 43, 51-3, 52 (2) 2, and 56 (hereinafter referred to as "wages, etc.") fails to pay the wages, etc. within three years prior to the date of disclosure of the name, and the total amount in arrears within one year before the disclosure is at least 30 million won, the Minister of Employment and Labor may disclose his or her personal information, etc.: Provided, That this shall not apply where the disclosure of the name would be ineffective due to the death of the business owner, the closure of the business, or other circumstances prescribed by Presidential Decree. <Amended on May 26, 2020; Jan. 5, 2021; Oct. 22, 2024>

(2) Upon disclosing the name pursuant to paragraph (1), the Minister of Employment and Labor shall provide the business owner in arrear with an opportunity to explain by fixing a period of at least three months for such explanation.

(3) In order to deliberate on whether personal information, etc. of the business owner in arrears shall be disclosed pursuant to paragraph (1) and matters relating to business owners habitually in arrears under Article 43-4, a Committee for Review of Information on Overdue Wages (hereafter in this Article and Article 43-4 referred to as the "Committee") shall be established within the Ministry of Employment and Labor. In such cases, necessary matters, such as the structure and operation of the Committee, shall be prescribed by Ordinance of the Ministry of Employment and Labor. <Amended on Oct. 22, 2024>

(4) A member of the Committee who is not a public official shall be deemed a public official for purposes of applying Articles 127, and 129 through 132 of the Criminal Act. <Newly Inserted on Oct. 22, 2024>

(5) Details, period, methods, etc. of the disclosure under paragraph (1) and other necessary matters for the disclosure shall be prescribed by Presidential Decree. <Amended on Oct. 22, 2024>[This Article Newly Inserted on Feb. 1, 2012][Enforcement Date: Oct. 23, 2025] Article 43-2

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