ACT ON PROHIBITION OF AGE DISCRIMINATION  [See entire ACT]

CHAPTER Ⅱ Government Support for Employment of the Aged

Article 5 (Collection of Job Information)

The Minister of Employment and Labor, the Special Metropolitan City Mayor, Metropolitan City Mayors, Do Governors or the Special Self-Governing Province Governor (hereinafter referred to as the "Minister of Employment and Labor, etc.") shall collect information on job offers and job seeking related to the aged, in order to promote the employment of the aged, and endeavor to provide help to job offers and job seeking, and furnish the related information to the job seekers, employers, and related organizations, etc.

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

Article 6 (Vocational Skills Development Training for the Aged)

(1) The Minister of Employment and Labor, etc. shall conduct training for developing vocational skills aiming at the aged as prescribed by Presidential Decree in order to promote the employment of the aged and to develop and improve their vocational skills.

(2) When the Minister of Employment and Labor, etc. deems it necessary to enable the aged to easily adapt themselves to working environments, he/she shall take measures for implementing, before their employment, the adaptation training as prescribed by Ordinance of the Ministry of Employment and Labor, including training relating to safety and health.

(3) The provisions of the Act on the Development of Workplace Skills of Workers shall apply mutatis mutandis to training for developing vocational skills of the aged and to the protection of trainees undergoing such training, but special considerations shall be made taking account of the physical and mental conditions, etc. of the aged.

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

Enforcement Ordinance

Article 5 (Vocational Skills Development Training, etc. for the Aged)

(1) The Minister of Employment and Labor, the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Do Governor, and a Special Self-Governing Province Governor (hereinafter referred to as the “Minister of Employment and Labor, etc.”) shall conduct the following vocational skills development training in order to promote the employment of the aged and to develop and improve their vocational skills:

1. Vocational skills development training provided according to Article 12 of the Act on the Development of Workplace Skills of Workers for the aged who wish to be employed in preferred occupational categories selected and publicly announced pursuant to Article 15 (1) of the Act (hereinafter referred to as the “preferred occupational types”);

2. On-the-job training conducted at production facilities or in the work place of an enterprise eligible for preferential support referred to in Article 12 of the Enforcement Decree of the Employment Insurance Act after an application is filed by the employer of the enterprise eligible for preferential support and the aged who wish to be employed.

(2) When on-the-job training is conducted under paragraph (1) 2, the Minister of Employment and Labor, etc. may fully or partially subsidize the expenses for such training to the employer of an enterprise eligible for preferential support, and training allowances to the aged, within budgetary limits.

(3) The Minister of Employment and Labor, etc. shall develop and disseminate vocational skills development training programs suitable for the aged to enhance the outcomes of vocational skills development training for the aged.

(4) When a workplace skill development training establishment referred to in subparagraph 3 of Article 2 of the Act on the Development of Workplace Skills of Workers develops vocational skills development training programs for the aged to support their employment in the preferred occupational types, or conducts training under the same Act, the Minister of Employment and Labor, etc. may support all or part of the necessary expenses.

(5) With respect to training for developing vocational skills of the middle-aged, paragraphs (1) through (4) shall apply mutatis mutandis. In such cases, “the aged” shall be construed as “the middle-aged.”

Enforcement Ordinance

Article 6 (Preferential Assessment of Vocational Skills Development Training Facilities, etc.)

Where the Minister of Employment and Labor evaluates a workplace skill development training establishment, etc. referred to in Article 48 of the Enforcement Decree of the Act on the Development of Workplace Skills of Workers, he/she may give preferential treatment if its training record for the aged meets or surpasses the criteria determined by the Minister of Employment and Labor.

Article 7 (Employment Guidance for Employer)

(1) The Minister of Employment and Labor, if it is deemed necessary, shall provide counseling, advice and other necessary support to an employer who employs or intends to employ aged people in regard of technical matters concerning the employment management of the aged, such as employment, assignment, work facilities and working environments, etc.
(2) The Minister of Employment and Labor shall provide information and other materials about the physical and mental conditions, vocational skills, etc. of the aged to an employer who employs or intends to employ aged people.
<This Article Wholly Amended by Act No. 8962, Mar. 21, 2008>

Article 8 (Support to Employer in Education and Training for the aged and Improvement of Working Environments)

(1) If an employer provides necessary education and vocational training to promote the employment of the aged, the Minister of Employment and Labor may provide all or part of such expenses.
(2) If an employer improves facilities to make them suitable for the employment of the aged, the Minister of Employment and Labor may provide all or part of such expenses.
(3) Subsidies under paragraphs (1) and (2) shall be financed from the budget (including the Employment Insurance Fund under the Employment Insurance Act;hereinafter the same shall apply), and matters concerning the payment standards shall be determined by the Minister of Employment and Labor.
<This Article Wholly Amended by Act No. 8962, Mar. 21, 2008>

Article 9 (Strengthening of Job Placement Service for the Aged)

(1) The government shall provide appropriate vocational guidance and job placement services, such as job counselling, vocational aptitude test, etc., for the aged, in order to enable the aged to find jobs suited to their abilities.
(2) The government shall endeavor to improve related administrative organizations and facilities for vocational guidance and job placement services for the aged.
(3) The Minister of Employment and Labor, etc., shall designate from among his/her public officials, a vocational guidance officer who is in charge of providing vocational guidance, job placement services, etc., for the aged.
(4) Matters necessary for the qualifications of a vocational guidance officer, etc., shall be determined by the Minister of Employment and Labor.
<This Article Wholly Amended by Act No. 8962, Mar. 21, 2008>

Article 10 (Operation of Employment Information Centre for the Aged)

(1) The Minister of Employment and Labor, etc., may run an employment information centre for the aged in necessary regions to provide vocational guidance and job placement services for the aged effectively.
(2) An employment information centre for the aged shall conduct the following activities:
1. Registration of job seekers and job offers, vocational guidance and placement service for the aged;
2. Vocational adaptation training and education for the aged;
3. Technical counselling, education and guidance concerning the extension of retirement ages, improvement of personnel and labor management and working environments;
4. Publicity for employment promotion for the aged;
5. Other activities necessary for employment promotion for the aged.
<This Article Wholly Amended by Act No. 8962, Mar. 21, 2008>

Article 11 (Designation of Talent Bank for the Aged)

(1) The Minister of Employment and Labor may designate, as a Talent Bank of the Aged, any organization or agency equipped with professional manpower and facilities required for vocational guidance, employment mediation, training for development of vocational skills, etc. for the aged, from among the organizations or agencies falling under any of the following subparagraphs:

1. Nonprofit corporations or public organizations, etc. which provide free job placement services under Article 18 of the Employment Security Act;

2. Agencies that may be entrusted with training for development of vocational skills pursuant to Article 16 of the Act on the Development of Workplace Skills of Workers.

(2) The scope of business of a Talent Bank of the Aged that fulfills both paragraph (1) 1 and 2 shall include all of the following subparagraphs, the scope of business of a Talent Bank of the Aged that fulfills only paragraph (1) 1 shall be limited to subparagraph 1, 2, and 4, and the scope of business of a Talent Bank of the Aged that fulfills only paragraph (1) 2 shall be limited to subparagraphs 3 and 4:

1. Registration of job offers and job seeking, vocational guidance, and employment mediation for the aged;

2. Occupational counselling for the aged seeking employment, and reemployment counselling for retired persons;

3. Training for developing vocational skills of the aged;

4. Other businesses determined by the Minister of Employment and Labor, where he/she deems it necessary for promotion of employment of the aged.

(3) The Minister of Employment and Labor may provide the Talent Bank of the Aged with the information on job offers and job seekers, the demand and supply of labor forces within the region, and other required data, which have been collected by the administrative agency in charge of employment security.

(4) The Minister of Employment and Labor may fully or partially subsidize, within the limit of its budget, the expenses incurred by the Talent Bank of the Aged.

(5) Matters necessary for the criteria, procedures, etc. for the designation of a Talent Bank of the Aged under paragraph (1) shall be prescribed by Presidential Decree.

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

Enforcement Ordinance

Article 7 (Criteria, etc. for Designation of Talent Bank for the Aged)

(1) The criteria for designation of talent banks for the aged under Article 11 (1) of the Act (hereinafter referred to as “talent bank for the aged”) is shown in Table 1.
(2) A person who intends to be designated as a talent bank for the aged shall apply for the designation of a talent bank for the aged to the Minister of Employment and Labor.
(3) If the Minister of Employment and Labor has received an application for designation as a talent bank for the aged pursuant to paragraph (2), he/she shall decide whether to grant a designation after taking into consideration each of the following matters, and then notify the applicant of the results within 30 days of the receipt of the application:
1. Regional distribution of talent banks for the aged;
2. Results of the job placement services for the aged;
3. Size of the relevant budget;and
4. Other matters considered by the Minister of Employment and Labor to be necessary for the designation of a talent bank for the aged
(4) The duration of the designation of a talent bank for the aged and other necessary matters for the designation and operation of a talent bank for the aged shall be determined by the Minister of Employment and Labor.

Article 11-2 (Designation of Employment Service Center for Middle-aged Professionals)

(1) The Minister of Employment and Labor may designate any Employment Support Center for Middle-Aged Professional Manpower (hereinafter referred to as "Employment Support Center for Middle-Aged Professional Manpower") which shall render professional assistance to aged persons who have retired from jobs as prescribed by Ordinance of the Ministry of Employment and Labor in consideration of their career, etc. (hereinafter referred to as "middle-aged professional manpower"), such as vocational guidance, employment mediation, etc.

(2) Each Employment Support Center for Middle-Aged Professional Manpower shall be designated, from among nonprofit corporations or public organizations which provide free job placement services under Article 18 of the Employment Security Act and are equipped with necessary professional manpower and facilities.

(3) Each Employment Support Center for Middle-Aged Professional Manpower shall perform business falling under any of the following subparagraphs:

1. Registration of job offers or job seekers, employment counseling, and employment mediation for middle-aged professional manpower;

2. Assistance to management consultation, volunteer activity, etc. for small and medium enterprises by middle-aged professional manpower;

3. Other business necessary for the employment of middle-aged professional manpower prescribed by Presidential Decree.

(4) The provisions of Article 11 (3) through (5) regarding a Talent Bank of the Aged shall apply mutatis mutandis to any Employment Support Center for Middle-Aged Professional Manpower. In such cases, the term "Talent Bank of the Aged" shall be deemed an "Employment Support Center for Middle-Aged Professional Manpower."

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

Enforcement Ordinance

Article 8 (Business Scope of Employment Service Center for Middle-aged Professionals)

The “business determined by the Presidential Decree” in Article 11-2 (3) 3 of the Act refers to business falling under any of the following subparagraphs:
1. Adaptation training programs for the aged under Article 6 (2) of the Act;
2. Development and dissemination of vocational skills development training courses in consideration of the physical and mental conditions, etc. of the aged under Article 6 (3) of the Act;and
3. Provision of counseling, advice, assistance, information, etc., to employers in regard of the employment and management of the aged under Article 7 of the Act.

Enforcement Ordinance

Article 9 (Criteria, etc. for Designation of Employment Service Center for Middle-aged Professionals)

(1) The provisions of Table 1 shall apply mutatis mutandis to the criteria for the designation of an employment service center for middle-aged professionals under Article 11-2 (1) of the Act. In this case, “talent bank for the aged” shall be read as “employment service center for middle-aged professionals”, “Article 7 (1)” as “Article 9 (1)” and “the aged” as “middle-aged professionals.”
(2) Article 7 (2) through (4) shall apply mutatis mutandis to the procedure for the designation of an employment service center for middle-aged professionals under paragraph (1). In this case, “the aged” shall be read as “middle-aged professionals” and “talent bank for the aged” as “employment service center for middle-aged professionals.”

Article 11-3 (Cancellation of Designation, etc. of Talent Bank for the Aged and Employment Service Center for Middle-aged Professionals)

(1) Where any person who has been designated as a Talent Bank of the Aged or an Employment Support Center for Middle-Aged Professional Manpower falls under any of the following subparagraphs, the Minister of Employment and Labor may revoke his/her designation under conditions stipulated by Ordinance of the Ministry of Employment and Labor:

1. Where a free job placement service is discontinued;

2. Where it has been subject to a disposition of business suspension under Article 36 of the Employment Security Act;

3. Where it has been subject to revocation of approval or designation of vocational skills development training establishment or suspension of vocational skills development training pursuant to Article 27 or Article 31 of the Act on the Development of Workplace Skills of Workers;

4. Where any designated vocational skills development training establishment is closed pursuant to Article 28 (3) of the Act on the Development of Workplace Skills of Workers;

5. Where it has been subject to revocation of permission to establishment as a vocational skills development training corporation pursuant to Article 32 of the Act on the Development of Workplace Skills of Workers;

6. Where it falls under such causes as poor business performance, etc. prescribed by the Minister of Employment and Labor.

(2) Where any person who has been designated as a Talent Bank of the Aged or an Employment Support Center for Middle-Aged Professional Manpower intends to discontinue or suspend his/her business, he/she shall file a report thereon with the Minister of Employment and Labor, as prescribed by Ordinance of the Ministry of Employment and Labor.

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

Article 11-4 (Businesses to Promote Employment for the Aged)

(1) The Minister of Employment and Labor may carry on the businesses described in any of the following subparagraphs for employment promotion for the aged:
1. Creating social service jobs suitable for the aged;
2. Assisting the aged in starting up self-employed business;
3. Supporting a job fair targeting the aged;
4. Conducting surveys and research necessary for the establishment of policies to promote and stabilize the employment of the aged and for the improvement of relevant systems;
5. Educating the employees of relevant institutions, such as talent banks for the aged, employment service centers for middle-aged professionals, etc. or nurturing necessary workforces;
6. Designating and implementing a period for the employment of the aged;
7. Selecting and supporting companies excellent in the employment of the aged;
8. Other necessary businesses for promoting the employment of the aged.
(2) Necessary matters concerning the implementation of the businesses prescribed in each subparagraph of paragraph (1) shall be prescribed by the Presidential Decree.
<This Article Wholly Amended by Act No. 8962, Mar. 21, 2008>

For further questions, please
call (+82) 2-539-0098 or email bongsoo@k-labor.com

    • 맨앞으로
    • 앞으로
    • 다음
    • 맨뒤로