Article 1 (Purpose)

The purpose of this Act is to contribute to the employment security of the aged and to the development of the national economy by prohibiting discrimination in employment on the grounds of age without reasonable causes and supporting and promoting the employment of the aged so that they can have jobs suitable for their abilities.
<This Article Wholly Amended by Act No. 8962, Mar. 21, 2008>

Enforcement Ordinance

Article 2 (Definition)

The definitions of terms used in this Act shall be as follows：
1. “The aged” means a person whose age is equal to or above the age prescribed by the Presidential Decree after taking into account the composition of the population and workers；
2. “The semi-aged” means a person whose age is equal to or above the age prescribed by the Presidential Decree but who are not the aged；
3. “Employer” means a person who carries on a business employing workers；
4. “Worker” means a worker referred to in Article 2 (1) 1 of the Labor Standards Act；and
5. “Standard employment rate” means the rate of aged people that an employer is required to employ on the basis of the number of workers usually employed in the workplace in order to promote the employment of the aged, which is prescribed by the Presidential Decree by type of business in consideration of the current status, employment state, etc., of the aged.
<This Article Wholly Amended by Act No. 8962, Mar. 21, 2008>

Enforcement Ordinance

Enforcement Ordinance

Article 3 (Government’s obligations)

For the purposes of correcting discriminatory practices against the aged in employment, the Government shall establish and implement policies to prohibit age discrimination, raise awareness of employers and the general public for the employment of the aged, and implement such policies as the formulation and implementation of countermeasures for promoting the employment of the aged and training for development of vocational skills in a comprehensive and effective manner in order to promote employment of the aged and improve their job security.

[This Article Wholly Amended by Act No. 8962, Mar. 21, 2008]

Article 4 (Employer’s Obligations)

Employers shall endeavor to rectify age discrimination in employment, provide the aged with employment opportunities suited to their abilities by developing and elevating their vocational skills and by improving operational facilities, jobs, etc., and expand the employment of the aged by means of extending their retirement age.

[This Article Wholly Amended by Act No. 8962, Mar. 21, 2008]

Article 4-2 Deleted.

Deleted.

Article 4-3 (Establishment of Basic Plans for Promoting Employment of the Aged)

(1) The Minister of Employment and Labor shall formulate a basic plan for promoting the employment of the aged (hereinafter referred to as "basic plan") every five years in consultation with the head of a relevant central agency.

(2) A basic plan shall include the following matters:

1. Evaluation of the previous basic plan;

2. Current status of and outlook for the aged;

3. Vocational skills development of the aged;

4. Schemes for improving the possibilities of employing the aged, such as vocational guidance, re-employment and assistance with changes in occupation;

5. Other major policies relating to the promotion of employment for the aged.

(3) When the Minister of Employment and Labor formulates a basic plan, he/she shall submit the plan for deliberation to the employment policy deliberative council under Article 10 of the Framework Act on Employment Policy (hereinafter referred to as the "Employment Policy Deliberative Council").

(4) When the Minister of Employment and Labor has formulated a basic plan, he/she shall report it to the relevant standing committee of the National Assembly without delay.

(5) When the Minister of Employment and Labor deems it necessary, he/she may request the head of relevant administrative agency or public agency to submit materials necessary for formulating a basic plan.

[This Article Wholly Amended by Act No. 8962, Mar. 21, 2008]