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Government Legislation

  • Partial Amendment to the Enforcement Decree of the Act on the Employment Improvement, etc. of Construction Workers
    • Competent Ministry : Ministry of Employment and Labor
    • Advance Publication of Legislation : 2020-08-11
    • Opinion Submission Deadline : 2020-09-20

(1) Reasons for Proposal

As the Act on the Employment Improvement, etc. of Construction Workers (Act No. 16620; promulgated on November 26, 2019) was amended to require the use of electronic cards when the construction employer in retirement mutual-aid reports the number of working days by the beneficiary, this Partial Amendment aims to define specific details delegated from the Act such as the size of the workplace where the electronic cards can be used and the issuance and use of the cards.

(2) Major Provisions

A. Reflect the installation and operation expense of electronic card terminals in cost but exclude the expense in balance calculation (Articles 9 and 10-2 newly inserted)

State that the installation and operation expense of electronic card terminals can be included in the price to sign up for retirement mutual-aid, but exclude the expense when calculating the balance in the amount required to sign up for retirement mutual-aid.

B. Define the method to report the number of working days by the beneficiary through electronic cards (Article 12)

Require the construction business owner subject to the use of electronic cards to use the electronic card work management system and report the number of working days by the beneficiary .

C. Define the size of a construction site subject to the use of electronic cards (Article 12-2 newly inserted)

Prescribe that the sites subject to the mandatory issuance and use of electronic cards shall be defined as a construction site obligated to sign up for retirement mutual-aid under the former part of Article 10 (1) of the Act, but this scheme shall be applied in a stepwise manner to ensure its stable application, starting from public sector construction operation worth 10 billion won or more and private sector construction operations worth 30 billion won or more. D. Issue electronic cards (Article 12-3 newly inserted)

Require that the employer subject to the mandatory use of electronic cards takes measures to ensure that the beneficiary receives an electronic card and uses the card to enter the construction site, and allow the Construction Workers Mutual Aid Association to designate the electronic card issuance agency to ensure that the employer issues an electronic card to the beneficiary.

E. Use electronic cards (Article 12-4 newly inserted)

Require the primary contractor in a site subject to the mandatory use of electronic cards to install and operate electronic card terminals so that the beneficiary can use his/her electronic card and make sure that the beneficiary punches in and out with his/her electronic card at the terminals.

F. Prepare regulations on unique identifier information (Article 19-2)

Prepare regulations on unique identifier information required to report the number of working days by the beneficiary through electronic cards.

G. Update criteria to impose administrative fines in accordance with guidelines on administrative fines (attached Table)


Regulatory effect assessment
  • 건설근로자의 고용개선 등에 관한 법률 시행령(규제영향분석서).hwp [download]
Legislative proposal (draft)
  • 건설근로자법 시행령 일부개정령안 입법예고 공고문.hwp [download]