Article 19 (Retirement Age)

(1) An employer shall set retirement age at 60 years of age or older.
(2) Notwithstanding the provision of paragraph (1), if retirement age is set at under 60 years of age by an employer, the retirement age shall be deemed to be at 60 years of age.
<This Article Wholly Amended by Act No. 11791, May. 22, 2013>
[Enforcement Date：Jan. 1, 2016] Among the amended provisions of Article 19, a business or a workplace in which 300 or more workers are ordinarily employed, a public institution pursuant to Article 4 of the Act on the Management of Public Institutions, a local public corporation and local public industrial complex under Articles 49 and 76 of the Local Public Enterprise Act；
[Enforcement Date：Jan. 1, 2017] Among the amended provisions of Article 19, a business or workplace in which fewer than 300 workers are ordinarily employed, the Government and local self-governing bodies.

Article 19-2 (Reform of Wage System after Extending Retirement Age)

(1) An employer of a business or workplace who extends retirement age pursuant to Article 19 (1) and a labor union which is formed by the consent of the majority of all workers in the business or workplace (or a person representing the majority of all workers if such a labor union does not exist) shall take necessary measures including reform of the wage system, etc.
(2) The Minister of Employment and Labor may provide necessary support including an employment support fund, etc. as prescribed by Presidential Decree to an employer of a business or workplace or a worker who took necessary measures pursuant to paragraph (1).
(3) The Minister of Employment and Labor may provide consulting for reform of the wage system, etc. as prescribed by Presidential Decree to an employer of a business or workplace or a worker who extends retirement age to 60 years of age or older.
<This Article Newly Inserted by Act No. 11791, May. 22, 2013>
[Enforcement Date：Jan. 1, 2016] Among the amended provisions of Article 19-2 (1) and (2), a business or a workplace in which 300 or more workers are ordinarily employed, a public institution pursuant to Article 4 of the Act on the Management of Public Institutions, a local public corporation and local public industrial complex under Articles 49 and 76 of the Local Public Enterprise Act；
[Enforcement Date：Jan. 1, 2017] Among the amended provisions of Article 19-2 (1) and (2), a business or a workplace in which fewer than 300 workers are ordinarily employed, the Government and local self-governing bodies.

Article 20 (Submission, etc. of Status Report on Implementation of Retirement Age System)

(1) An employer who employs not less than the number of workers prescribed by the Presidential Decree shall submit a status report on the implementation of the retirement age system 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 paragraph (1) sets the retirement age remarkably low, the Minister of Employment and Labor may recommend the employer to extend the retirement age.
(3) Deleted.
(4) If an employer fails to comply with a recommendation under paragraph (2) without any justifiable reason, the details of the failure may be made public.
<This Article Wholly Amended by Act No. 8962, Mar. 21, 2008>
<Title of this Article Amended by Act No. 9997, Feb. 4, 2010>

Enforcement Ordinance

Article 21 (Reemployment of Retirees)

(1) When any person having reached the retirement age desires to be reemployed at the said place of business, the employer shall endeavor to re-employ him/her in a type of occupation that suits to his/her ability to perform the duties.

(2) In re-employing any aged retiree, the employer may exclude previous service period in computing his/her continuous service period for calculation of the retirement allowance under Article 34 of the Labor Standards Act and the days of annual paid leaves under Article 60 of the same Act, and determine wages differently from the previous ones, under an agreement between the parties concerned.

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

Article 21-2 (Support for Reemployment of Retirees)

The Minister of Employment and Labor may provide necessary support, such as providing subsidies, etc., to an employer who reemploys retirees pursuant to Article 21 or takes other necessary measures to ensure employment security for retirees.
<This Article Wholly Amended by Act No. 8962, Mar. 21, 2008>

Article 21-3 (Support for Persons to Retire, etc.)

(1) An employer shall endeavor to support job-seeking activities of the aged who plan to leave their job due to age limit, etc.

(2) The Minister of Employment and Labor may render the required support, such as payment of labor cost and bounty to employers who diligently perform the supportive measures referred to in paragraph (1).

[This Article Newly Inserted by Act No. 9997, Feb. 4, 2010]

Enforcement Ordinance

Enforcement Ordinance

Enforcement Ordinance

Enforcement Ordinance

Article 22 (Support for Extension of Retirement Age)

The Minister of Employment and Labor shall provide counseling, advice and other necessary cooperation and support in regard of the personnel affairs, wages, etc. of the enterprise following the extension of the retirement age.
<This Article Wholly Amended by Act No. 8962, Mar. 21, 2008>