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ENFORCEMENT DECREE OF THE FAIR HIRING PROCEDURE ACT

[Enforcement Date 17. Jul, 2019.] [Presidential Decree No.29963, 09. Jul, 2019.,
Partial Amendment]

고용노동부 (공정채용기반과)044-202-7456

법제처 국가법령정보센터
www.law.go.kr
2024.04.14
 「ENFORCEMENT DECREE OF THE FAIR HIRING PROCEDURE ACT」

ENFORCEMENT DECREE OF THE FAIR HIRING PROCEDURE ACT

[Enforcement Date 17. Jul, 2019.] [Presidential Decree No.29963, 09. Jul, 2019., Partial Amendment]
고용노동부 (공정채용기반과) 044-202-7456

Article 1 (Purpose) The purpose of this Decree is to prescribe matters mandated by the Fair
Hiring Procedure Act and those necessary for enforcing said Act.

Article 2 (Period for Returning Hiring Documents) (1) Upon receipt of a request for the return
of hiring documents from a job applicant pursuant to the main clause of Article 11 (1) of
the Fair Hiring Procedure Act (hereinafter referred to as the “Act”), a job offerer shall send
or deliver the hiring documents to the job applicant within 14 days from the date the job
applicant files a request for return.
(2) When returning hiring documents pursuant to paragraph (1), the job offerer shall return
the relevant documents as specially-handled postal items under Article 14 (2) 3 or 15 (2) 3
of the Postal Service Act (hereinafter referred to as “specially-handled postal items”):
Provided, That such documents may be delivered in such a manner agreed upon by the
job applicant, upon request.
(3) The location to which hiring documents are to be returned as specially-handled postal
items pursuant to paragraph (2) shall be the address of the job applicant stated in such
documents: Provided, That if the job applicant designates a location of return when filing a
request for the return of the hiring documents pursuant to paragraph (1), such documents
shall be returned thereto.

Article 3 (Period for Retaining Hiring Documents) “Period prescribed by Presidential Decree”
in the main clause of Article 11 (3) of the Act means each of the following periods:
1. Where a job applicant does not file a request for the return of hiring documents
pursuant to the main clause of Article 11 (1) of the Act: The period for filing a request for
return by the job applicant under Article 4;
2. Where a job applicant files a request for the return of hiring documents pursuant to the
main clause of Article 11 (1) of the Act: The period until the job offerer sends or delivers
specially-handled postal items pursuant to Article 2 (1).

Article 4 (Period for Filing Request for Return of Hiring Documents) The period for filing a
request for the return of hiring documents under Article 11 (4) of the Act shall be the

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 「ENFORCEMENT DECREE OF THE FAIR HIRING PROCEDURE ACT」

period set by a job offerer no later than 14 to 180 days after the hiring of a job applicant
is determined. In such cases, the job offerer shall notify the job applicant of the period for
filing the request for the return of hiring documents set by the job offerer before the
hiring of the job applicant is determined.

Article 5 (Charging of Expenses Incurred in Returning Hiring Documents) (1) “Extent

prescribed by Presidential Decree” in the proviso of Article 11 (5) of the Act means postal
charges and fees for the use of postal services under Article 12 of the Enforcement Decree
of the Postal Service Act, which are incurred in delivering hiring documents as specially-
handled postal items.
(2) Where a job offerer intends to charge a job applicant for the expenses incurred in
returning hiring documents pursuant to the proviso of Article 11 (5) of the Act, he or she
shall designate an account of a financial institution in which the payment is to be received
for the expenses incurred in returning the hiring documents and notify the job applicant
thereof before the hiring of the job applicant is determined: Provided, That the same shall
not apply where the hiring documents are sent in the manner that charges the expenses to
an addressee under Article 29 of the Enforcement Decree of the Postal Service Act, upon
an application of the job applicant.

Article 6 (Delegation of Authority) Pursuant to Article 15 of the Act, the Minister of

Employment and Labor shall delegate to the head of each local government office of
employment the following authority: <Amended by Presidential Decree No. 29963, Jul. 9, 2019>
1. Approval for bearing part of the hiring examination expenses under the proviso of
Article 9 of the Act;
2. Issuance of a corrective order concerning the hiring examination expenses, etc. and
receipt of a report on the result of compliance under Article 12 of the Act;
3. Reporting and investigation under Article 14 of the Act;
4. Imposition and collection of administrative fines under Article 17 (4) of the Act.

Article 7 (Criteria for Imposition of Administrative Fines) The criteria for imposition of
administrative fines under Article 17 (1) through (3) of the Act shall be as specified in the
attached Table.
[This Article Wholly Amended by Presidential Decree No. 29963, Jul. 9, 2019]

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