Article 12 (Employer’s Obligation to Endeavor to Employ the Aged)

An employer who employs not less than the number of workers prescribed by the Presidential Decree shall strive to employ the aged not less than the standard employment rate.
<This Article Wholly Amended by Act No. 8962, Mar. 21, 2008>

Enforcement Ordinance

Article 13 (Submission of Status Report on Employment of the Aged by Employers)

(1) The employer prescribed in Article 12 shall submit a status report on the employment of the aged to the Minister of Employment and Labor every year under the conditions prescribed by the Ordinance of the Ministry of Employment and Labor.
(2) If the employer referred to in Article 12 usually employs the aged less than the standard employment rate, the Minister of Employment and Labor may recommend the employer to implement necessary measures, etc., to promote and stabilize the employment of the aged.
(3) The Minister of Employment and Labor may provide counseling, advice and other necessary cooperation and support to an employer who implements measures, etc. following a recommendation under paragraph (2).
(4) Deleted.
<This Article Wholly Amended by Act No. 8962, Mar. 21, 2008>
<Title of this Article Amended by Act No. 9997, Feb. 4, 2010>

Article 14 (Tax Credit, etc. for Employment Promotion for the Aged)

(1) If an employer additionally employs aged people in excess of the standard employment rate under Article 12, his/her taxes shall be reduced or exempted under the conditions prescribed by the Restriction of Special Taxation Act.
(2) The Minister of Employment and Labor may provide employment subsidies with the limit of the budget pursuant to the following subparagraphs：
1. An employment subsidy paid for a certain period to an employer who newly employs an aged person or employs a large number of aged people, or an employer who takes necessary measures for the employment security of the aged；
2. In case an employer implements a system in which wages are reduced on the basis of a certain age, point of time of service or amount of wages on condition that the employment is guaranteed up to or beyond a certain age after obtaining the consent of the representative of workers, an employment subsidy paid to workers subject to this system. In this case, the “representative of workers” means, if there is a labor union consisting of a majority of workers, the representative of the labor union, and if there is no such labor union, the person who represents a majority of workers；
3. An employment subsidy paid to an employer who receives a diagnosis by a professional institution with regard to the reform of a wage system, the redesign of jobs (referring to the development and design of jobs suitable for the aged or the semi-aged), etc., for the purpose of employment security and promotion, etc. for the aged and the semi-aged.
(3) Matters concerning the standards for payment of the employment subsidies under paragraph (2) shall be prescribed by the Presidential Decree.
<This Article Wholly Amended by Act No. 8962, Mar. 21, 2008>

Enforcement Ordinance

Article 15 (Selection, etc. of Priority Occupations)

(1) The Minister of Employment and Labor shall select occupations (hereinafter referred to as “priority occupations”) suitable for employment of the aged and the semi-aged after deliberation by the Employment Policy Council, and announce the selected priority occupations.
(2) The Minister of Employment and Labor shall conduct surveys and research on matters necessary for promoting the employment of the aged and the semi-aged, such as the development of priority occupations, etc., and compile and distribute relevant data.
<This Article Wholly Amended by Act No. 8962, Mar. 21, 2008>

Article 16 (Employment in Priority Occupations)

(1) The head of the State, a local government, or of an institution designated as a public institution under Article 4 of the Act on the Management of Public Institutions shall employ preferentially the aged and the semi-aged in the priority occupations of the institutions under the conditions as prescribed by the Presidential Decree.
(2) Employers other than those prescribed in paragraph (1) shall strive to employ preferentially the aged and the semi-aged in the priority occupations.
<This Article Wholly Amended by Act No. 8962, Mar. 21, 2008>

Enforcement Ordinance

Article 17 (Request for Expansion of Employment, etc.)

(1) The Minister of Employment and Labor may request an employer who shows poor performance in employing preferentially the aged and the semi-aged under Article 16 to present the reason, and request an employer whose reason is not justifiable (including those who do not present the reason) to increase the employment of the aged and the semi-aged.
(2) The Minister of Employment and Labor may request an employer who fails to comply with a recommendation under Article 13 (2) to present the reason, and request an employer whose reason is not justifiable (including those who do not present the reason) to increase the employment of the aged and the semi-aged.
<This Article Wholly Amended by Act No. 8962, Mar. 21, 2008>

Article 18 (Public Announcement of Details and Suspension of Placement Service)

For a person who has failed to comply with a request for an increase in employment under Article 17 without any justifiable reason, the Minister of Employment and Labor may publicly announce the said details or suspend employment services, such as vocational guidance and placement services, etc., which are provided by the administrative authorities involved in employment security.
<This Article Wholly Amended by Act No. 8962, Mar. 21, 2008>