An employer shall neither discriminate against employees on the basis of gender, nor take discriminatory treatment in relation to terms and conditions of employment on the ground of nationality, religion, or social status.

(1) This Act shall apply to all businesses or workplaces in which not less than five employees are regularly employed: Provided, That this Act shall neither apply to any business or workplace in which only the employer's blood relatives living together are engaged, nor to servants hired for the employer's domestic works.

(2) With respect to a business or workplace in which not more than four employees are regularly employed, some provisions of this Act may apply as prescribed by Presidential Decree.

(3) In applying this Act, the method of calculating the number of employees regularly employed shall be prescribed by Presidential Decree. <Newly Inserted on Mar. 21, 2008>

(1) A minor under the age of 15 (including any minor under the age of 18 who attends a middle school under the Elementary and Secondary Education Act) shall not be employed at any work: Provided, That this shall not apply to a person with an employment permit certificate issued by the Minister of Employment and Labor according to the standards prescribed by Presidential Decree. <Amended on Jun. 4, 2010; May 26, 2020>

(2) An employment permit certificate referred to in paragraph (1) may be issued only by designating the kind of work at the request of the relevant minor himself or herself, to the extent it does not impede with the compulsory education.

(3) If a person obtains the employment permit certificate provided for in the proviso of paragraph (1) in any false or other wrongful manner, the Minister of Employment and Labor shall revoke the permit. <Amended on Jun. 4, 2010; May 26, 2020>

(1) An employer shall not, without justifiable cause, dismiss, lay off, suspend, or transfer an employee, reduce his or her wages, or take other punitive measures (hereinafter referred to as "unfair dismissal, etc.") against him/her.

(2) An employer shall not dismiss an employee during a period of suspension of work for medical treatment of an occupational injury or disease and within 30 days immediately thereafter, and any woman before and after childbirth shall not be dismissed during a period of suspension of work as prescribed by this Act and for 30 days immediately thereafter: Provided, That this shall not apply where the employer has paid a lump sum compensation as provided for under Article 84 or where the employer may not continue to conduct his or her business.

An employer shall not force an employee to work against his or her own free will through the use of violence, intimidation, confinement, or any other means by which the mental or physical freedom of the employee might be unduly restricted.

(1) When an employee is subjected by the employer to any unfair dismissal, etc., he or she may request a remedy therefor from a labor relations commission.

(2) A request for remedy under paragraph (1) shall be made within three months from the date of the unfair dismissal, etc.

(1) An employer or employee who is dissatisfied with an order for remedy or a decision of rejection made by a local Labor Relations Commission under the Labor Relations Commission Act may apply for reexamination to the Central Labor Relations Commission within ten days from the date when he or she has received a written notice of such order or decision.

(2) With respect to a decision made by the Central Labor Relations Commission's reexamination under paragraph (1), the employer or employee may institute a lawsuit pursuant to the Administrative Litigation Act within 15 days from the date when he or she is served with the written decision made by reexamination.

(3) If neither application for reexamination nor administrative litigation is filed within the period referred to in paragraph (1) or (2), the order for remedy, the decision of rejection, or the decision made by reexamination shall become final and conclusive.