Review Standards and Employment Qualifications for Foreign Workers Engaged in Work Specified in Subparagraphs 8 to 10, Paragraph 1, Article 46 of the Employment Service Act Article 11

The total number of foreign workers employed to engage in ocean fishing work pursuant to Subparagraphs 1 and 2 of the preceding Article shall include the following and cannot exceed the number of crew permitted on the fishing boat license.1. Number of foreign workers on an initial recruitment application.2. Minimum number of senior crew permitted on an ocean going vessel or required crew compliment on board a powered fishing vessel with a total tonnage of less than 20 tonnes; minimum of one.3. Number of workers on an application for a recruitment permit, number of workers granted a recruitment permit and number of foreign workers already employed.4. Number of workers impacted by the cancellation of foreign worker recruitment permits and employment permits, for reasons attributable to the employer, in the two years preceding the application.Minimum number of senior crew permitted on an ocean going vessel, or required crew compliment on board a powered fishing vessel with a total tonnage of less than 20 tonnes referred to in the preceding paragraph, shall be determined by regulations publicly announced by the central competent authority in charge of the target business and the related provisions of the Regulations on the Management of Crew Members of Fishing Vessels.When the number of domestic crew on the same fishing boat is more than the minimum number of crew allowed for ocean going vessels referred to in the preceding paragraph, the number of ocean going crew must be recorded.Foreign workers employed to engage in ocean fishing work by employers detailed in Subparagraph 3 of the previous Article are required to comply with the aquaculture area specified on the fishing industry license or fishing business entry certificate, where the employer can hire one foreign worker per half hectare. However, the number of foreign workers cannot exceed two-thirds of the total number of domestic workers employed.The number of domestic workers referred to in the previous paragraph, is calculated based on the average number of employees with labor insurance on the same insurance certificate number per month in the one year period preceding the two months before the application. However, if the employer’s labor insurance is not compulsory pursuant to Article 6 of the Labor Insurance Act and he/she does not establish an insurance coverage unit, a certified document verified by the municipal or county (city) government competent fishing authority must be submitted.The total number of foreign workers employed detailed in Paragraph 4 should include the following:1. Number of foreign workers applying for first time recruitment2. Number of foreign workers allowed to apply for a recruitment permit, who have received a recruitment permit or are already employed.3. Number of workers impacted by the cancellation of foreign worker recruitment permits and employment permits, for reasons attributable to the employer, in the two years preceding the application.If employers referred to in Subparagraph 3 of the previous Article work with a partner in the caged aquaculture industry detailed in Article 3, the partnership must be notarized and a list of partners be verified by the municipal or county (city) government competent fishing authority. In addition, the number of partners should be included in the calculation of domestic workers in the previous paragraph.The number of foreign workers employed pursuant to Subparagraph 3, Paragraph 1 and Subparagraph 2, Paragraph 6 should also include skilled ocean fishing workers as detailed in the Regulations on Foreign Skilled Workers.