Kang Nam Labor Law Firm

Article 23 (Report and Inspection): (1) If the Minister of Employment and Labor deems it necessary for promoting the employment of the aged, he/she may request an employer, a talent bank for the aged or an employment service center for middle-aged professionals to report on matters necessary for the implementation of this Act.
(2) If the Minister of Employment and Labor deems it necessary, he/she may have a relevant public official to enter a workplace, a talent bank for the aged, an employment service center for middle-aged professionals or other facilities, and inspect their business situation, books and other articles.
(3) If the Minister of Employment and Labor intends to carry out an inspection under paragraph (2), he/she shall notify in advance the employer, etc. of necessary matters for the inspection, including the date, contents, etc. of the inspection：Provided that this shall not apply if it is urgent, or deemed that the purpose thereof may be defeated if advance notification is made.
(4) A relevant public official who conducts an inspection under paragraph (2) shall carry a certificate indicating his/her authority, and present it to the interested persons.
(5) The Minister of Employment and Labor, if an inspection has been done under paragraph (2), shall notify the employer, etc. of the result in writing.
<This Article Wholly Amended by Act No. 8962, Mar. 21, 2008>

Article 23-2 (Delegation of Authority): The authority of the Minister of Employment and Labor as prescribed by this Act may be delegated partially to the heads of local employment and labor offices or local governments under the conditions as prescribed by the Presidential Decree.
<This Article Wholly Amended by Act No. 8962, Mar. 21, 2008>

Article 15 (Delegation of Authority): (1) The Minister of Employment and Labor shall delegate the authority described in each of the following subparagraphs to the heads of local employment and labor offices pursuant to Article 23-2 of the Act：
1. Request for the submission of a report on compliance with a corrective order and receipt of a report of non-compliance under Article 4-8 of the Act；
2. Designation of a talent bank for the aged and an employment service center for middle-aged professionals under Article 11 and Article 11-2 of the Act；
3. Cancellation of the designation of a talent bank for the aged and an employment service center for middle-aged professionals and receipt of a report of the closure and temporary shutdown of their business under Article 11-3 of the Act；
4. Receipt of a status report on the employment of the aged under Article 13 (1) of the Act；
5. Receipt of a status report on the implementation of the retirement age system under Article 20 (1) of the Act；
6. Reporting and inspection under Article 23 of the Act；and
7. Imposition and collection of fines for negligence under Article 24 of the Act.
(2) The Minister of Employment and Labor shall delegate the authority to issue a corrective order under Article 4-7 of the Act to the heads of local employment and labor offices.

Article 15-2 (Re-Examination of Regulation): The Minister of Employment and Labor shall examine the appropriateness of the criteria, etc. for the designation of a Talent Bank of the Aged referred to in Article 7 (1) and attached Table 1 every three years, counting from the base date of January 1, 2015 (referring to the period that ends on the day before January 1 of every third year) and shall take measures, such as making improvements.

[This Article Newly Inserted by Presidential Decree No. 25840, Dec. 9, 2014]

Article 23-3 (Penal Provisions): (1) An employer who gives a worker unfavorable treatment, such as dismissal, transfer, disciplinary action, etc., in violation of Article 4-9 shall be punished by imprisonment for not more than two years or by a fine not exceeding ten million won.
(2) An employer who discriminates against workers on the ground of age in recruitment and employment without a justifiable reason in violation of Article 4-4 (1) 1 shall be punished by a fine not exceeding five million won.
<This Article Newly Inserted by Act No. 8962, Mar. 21, 2008>

Article 23-4 (Joint Penal Provisions): (1) If the representative, an agent, a servant, or any other employee of a juristic person has committed the offence referred to in Article 23-3 in relation to the business of the juristic person, in addition to punishing the offender, the juristic person shall be fined in accordance with the respective provisions：Provided that, this shall not apply unless the juristic person has neglected to give considerable attention and supervision to the business concerned to prevent such offence.
(2) If an agent, a servant, or any other employee of an individual has the committed offence referred to in Article 23-3 in relation to the business of the individual, in addition to punishing the offender, the individual shall be fined in accordance with the respective provisions：Provided that, this shall not apply unless the individual has neglected to give considerable attention and supervision to the business concerned to prevent such offence.
<This Article Newly Inserted by Act No. 8962, Mar. 21, 2008>

Article 24 (Fines for Negligence): (1) A person who fails to comply with a corrective order under Article 4-7 without a justifiable reason shall be punished by a fine for negligence not exceeding 30 million won.
(2) A person who falls under any of the following subparagraphs shall be punished by a fine for negligence not exceeding 5 million won：
1. A person who fails to follow the Minister of Employment and Labor’s request to submit a status report without a justifiable reason under Article 4-8 (1)；
2. A person who fails to submit a status report on the employment of the aged under Article 13 (1)；
3. A person who fails to submit a status report on the implementation of a retirement age system under Article 20 (1)；
4. A person who fails to make a report, or who makes a false report under Article 23 (1)；
5. A person who refuses, obstructs or evades the entrance or inspection under Article 23 (2).
(3) The fine for negligence referred to in paragraph (1) shall be imposed and collected by the Minister of Employment and Labor under the conditions as prescribed by the Presidential Decree.
(4) Deleted.
(5) Deleted.
(6) Deleted.
<This Article Wholly Amended by Act No. 8962, Mar. 21, 2008>

Article 16 (Criteria for Imposition of Fines for Negligence): The criteria for the imposition of fines for negligence under Article 24 (1) and (2) of the Act are provided in Table 2. <This Article Wholly Amended by Presidential Decree No. 22795, Mar. 30, 2011>