Legal basis:
LABOR STANDARDS ACT
- Conditions of disclosure:
The business owner must have been convicted at least twice within the preceding three years before the date of disclosure of name, and the total amount of money in arrear with the wages for failing to pay wages, compensations, allowances, any other money or wages.
The total amount of unpaid wages and related dues during the year prior to the disclosure date exceeds 30 million won.
If these conditions are met, the Minister of Employment and Labor may disclose the personal information of the business owner in arrears.
Note:
However, this provision 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.
- Period for Explanation:
Upon disclosing the name, 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.
- Establishment of Review Committee
In order to review whether or not the personal information of the business owner in arrear should be disclosed, the Committee for Review of Information on Overdue Wages shall be established within the Ministry of Employment and Labor. In such cases, necessary matters, such as structure and operation of the Committee, shall be prescribed by Ordinance of the Ministry of Employment and Labor.
- Other matters for disclosure
Details, period and method, etc. of disclosure of name and other necessary matters for the disclosure shall be prescribed by Presidential Decree
