The competent authorities shall have the preliminary permits,establishment permit, and/or re- establishment permit applied for by the private employment service agency denied when it falls in one of the following circumstances:
I. Fails to comply with the application requirements of the Law or the this Act;
II. The institution of the heads, managers, directors (management), or representative of the institution have contravened Article 34 Section 2 or Article 45 of the Act with a punishment of fines or indictment issued by the prosecution; or a guilty verdict delivered by the court;
III. The heads, managers, directors (management), or representative of the institution had once served in a private employment service agency and their conduct resulted in the institution having one of the following circumstances:
(I) in violation of Subparagraphs 4 to 9, Paragraph 1 of Article 40 or Article 45 of the Act;
(II) in violation of Subparagraphs 2 or 14, Paragraph 1 of Article 40 of the Act; also, failed to perform corrective action before deadline;
(III) A nonconformity that was fined three times but wasn’t improved;
(IV) Punished with a fine more than four times in one year;
(V) Punished with a suspension more than two times in one year;
IV. The heads, managers, directors (management), or representative of the institution engaged in employment services business committed a crime by utilizing the business power, opportunity, or method against the job applicants, employers, or foreigners in violation of Criminal Law Article 221~229, Article 231~233, Article 296~297, Article 302, Article 304, Article 305, Article 335, Article 336, Article 339, Article 341, Article 342, or Article 346 and were been indicted by the prosecution or found guilty by the court.
V. The heads, managers, directors (management), or representative of the institution engaged in the employment services business that have committed a crime of human trafficking in violation of Human Trafficking Act and indicted by the prosecution or found guilty by the court.
VI. Nonprofit employment service agencies that have been punished for committing prejudice to public interest with a fine, suspension, or a corrective action before deadline by the governing authorities or competent authorities.
VII. The corporate address or business address for business operation applied for by the profit employment service agency is a private employment service agency already set up.
VIII. The institution address for business operation applied for by the non-profit employment service agency is a private employment service agency already set up.
IX. An agency with an evaluation rating of “C” has failed to perform the corrective actions before deadline or the evaluation rating of the corrective actions performed is below “B”;
X. Agencies that applied for the setup of branches did not receive any evaluation and without any evaluation rating or the most recent evaluation rating was “C”.
XI. Agencies evade, obstruct, or refuse to accept an evaluation.
XII. Commissioned to apply for work permit; the number and ratio of mission foreigners in the country within three months reaches the standards stipulated in Table 1.
The violations against paragraph 2~6 and paragraph 12 are limited to the occurrence within two years from the application date.
The permit issued by the competent municipal or county (city) authorities is not subject to Section 1 Paragraph 9 and 12.