Labor Inspection Response Procedure

Which step are you at?

Select your current step and the content for that step will appear below.

1. 1Selection of inspection targets (regular, ad hoc, special)
2. 2Notice of inspection plan (regular inspection)
3. 3Submission of materials
4. 4On-site investigation
5. 5Signing the inspection checklist and reporting results
6. 6Issuance of correction instruction
7. 7Reporting correction results and verification inspection
8. 8Criminal processing (opening a criminal case) or administrative fine

• Basic step
• Additional action / option
• Rejection / objection
• End of procedure

Time required

A regular inspection is notified 10 days before the inspection date, corrections are made within the period set in the correction instruction, and if it goes to criminal processing, the investigation and trial periods are added

Cost

The Labor Standards Act has no provision for labor inspection fees; certified labor attorney and attorney fees are separate; administrative fines and criminal fines for violations vary by the provision violated

Procedure guide

Read from start to finish in order. Red text marks deadlines set by law.

1. 1

   Labor inspections are divided into regular, ad hoc, special and re-inspections (Regulations on the Duties of Labor Inspectors §12). A special inspection is an inspection to investigate violations, so if illegality is confirmed it can go to opening a criminal case or an administrative fine without a chance to correct (§21(1)2); first check what kind of inspection it is.

2. 2

   A regular inspection is notified in writing 10 days before the inspection date, and if you request it, the schedule can be adjusted within a range of 10 days (§17). Ad hoc and special inspections have no advance notice rule.

3. 3

   If a labor inspector requests it, you must report the necessary matters or appear without delay (Labor Standards Act §13). The submission deadline is written in the reporting deadline of the request for report (Regulations §9(1), §18(3)), so check the date, and keep copies and a list of the materials you submit.

4. 4

   The inspector must present a labor inspector ID and on-site investigation order (§102(3)(4)). The period reviewed is 1 year for regular and ad hoc inspections and 3 years for special inspections (Regulations §14(2)).

5. 5

   Before signing the inspection checklist, check the violations and the facts (Regulations §19(6)(8)). This is because the checklist is the basis for the correction instruction and the decision on criminal processing.

6. 6

   For violations, a correction instruction is issued and posted at the workplace (§21(2)). Correction deadlines are set item by item according to the standards for measures in Appendix 3 and 4 (e.g., unpaid wages within 14 days, failure to grant annual leave within 25 days).

   Current step
7. 7

   Make corrections within the period set in the correction instruction and report the results (§22). An extension must be requested within that same period and is granted only within the scope of the 1st correction period (§21(4)(5)).

8. 8

   If violations are not corrected or there is a ground for immediately opening a criminal case, it leads to opening a criminal case or an administrative fine (§21(1), Appendix 3). You can object to an administrative fine within 60 days after the imposition notice, and if you object, the administrative authority notifies the court within 14 days (Act on the Regulation of Violations of Public Order §20, §21).

Frequently asked questions

Practical questions that come up right away in this procedure.

QCan we postpone the inspection date?

A regular inspection is notified 10 days before the inspection date. If the workplace requests it, the date can be adjusted within a range of 10 days.Ad hoc and special inspections have no rules on advance notice or schedule adjustment. So when you receive notice of a regular inspection, consider right away whether a schedule adjustment is needed.

QWhat is the difference between a regular inspection and a special inspection?

A regular inspection is conducted after advance notice under the annual plan. If there are violations, a correction period is given for many items. A special inspection targets workplaces where serious violations have caused labor disputes or harm to many people, etc.Because it is an inspection to investigate violations, if illegality is confirmed it is handled by opening a criminal case or imposing an administrative fine without a chance to correct. The period reviewed also differs: in principle 1 year for a regular inspection and 3 years for a special inspection.

QWhat should we do if we receive a correction instruction?

Make corrections within the period stated in the correction instruction and report the results. If it is difficult to finish within the period for an unavoidable reason, you can request an extension within that period.An extension is granted only within the scope of the 1st correction period. If you miss the deadline, it may lead to opening a criminal case or an administrative fine.

QIf a correction instruction is unjust, can we dispute it through an administrative appeal or lawsuit?

The Labor Standards Act and the Regulations on the Duties of Labor Inspectors set no separate objection procedure for a correction instruction (an instruction to fix a violation). At the inspection stage, submit your opinions and materials on the facts and legal interpretation to the inspector.If you cannot agree with the inspection checklist, you can refuse to sign it, and the reason is recorded. Decide with your attorney whether to dispute through an administrative appeal (a procedure to dispute a disposition before an administrative body) or a lawsuit.

QWe received an administrative fine. Can we dispute it?

Yes, you can. At the advance notice, you can submit your opinion within a period of 10 days or more. You can also file a written objection within 60 days of receiving the imposition notice.If you object, the imposition loses its effect. The administrative authority then notifies the court within 14 days, and the case moves to an administrative fine trial.