Abolition of Seals for Notifications, etc., and Revision of Forms such as Article 36 Agreement Notifications

Following the review of the use of seals in administrative procedures, public comments on the "Draft Ministerial Ordinance to Partially Amend the Ordinance on Industrial Safety and Health, etc." began on October 9, 2020 (the deadline for comments was November 7, 2020).

✅ Purpose of the Amendment

Regarding notifications, etc., required to be submitted by employers based on the provisions of the Labor Standards Act and the Minimum Wage Act, in light of the fact that the review of the use of seals in administrative procedures was clearly stated in the Regulatory Reform Implementation Plan (Cabinet Decision on July 17, 2020), etc., the intention is to no longer require the seals or signatures of employers and workers when submitting these notifications, etc.

✅ Regulatory Reform Implementation Plan

As a new initiative in the digital government field of the Regulatory Reform Implementation Plan decided by the Cabinet on July 17, 2020, "drastic review of written regulations, seal requirements, and face-to-face regulations in administrative procedures" was set forth, and it was clearly stated that "each ministry and agency shall... in principle, for all procedures subject to review, as a permanent institutional response, conduct necessary examinations sequentially within the year in light of the standards presented by the Regulatory Reform Promotion Council, and carry out amendments to laws, ordinances, notifications, etc., and digitization."

✅ Overview of the Amendment

In the Ordinance on Industrial Safety and Health, the Regulations on Dormitories Attached to Businesses, the Ordinance on Labor Standards for Minors, the Regulations on Dormitories Attached to Construction Businesses, and the Ordinance on the Minimum Wage Act, the requirement for seals, etc., will be removed from the laws and regulations, and the seal fields will be deleted from the ministerial ordinance forms that currently require seals, etc., when submitting notifications, etc., to the Director of the Labor Standards Inspection Office.

Among the ministerial ordinance forms that require seals, etc., for those that include the entry of a labor union organized by a majority of the workers at the workplace or a person representing a majority of the workers, such as the Article 36 Agreement notification, if the labor union is named, a checkbox will be provided to indicate that it is organized by a majority of the workers at the workplace, and if the representative of the majority is named, a checkbox will be provided to indicate that the person represents a majority of the workers at the workplace and that the representative is a person who does not fall under any of the items of Article 6-2, Paragraph 1 of the Ordinance on Industrial Safety and Health (*), in addition to making necessary amendments.

* (1) Not a person in a supervisory or managerial position as stipulated in Article 41, Item 2 of the Act. (2) A person elected through procedures such as voting or a show of hands that clearly indicate the election of a person to conclude agreements, etc., as stipulated in the Act, and who was not elected based on the employer's intentions.

✅ When will it be enforced?

Scheduled for April 1, 2021 (The promulgation date is scheduled for mid-December 2020).

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