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]

Article 4-4 (Prohibition of Age Discrimination in Recruitment, Employment, etc.)

(1) Employers shall not discriminate against any of their workers or any person who wishes to work for them, on the grounds of age without justifiable grounds in the following areas:

1. Recruitment and employment;

2. Salary, provision of money and valuables other than salary, or other welfare benefits;

3. Education and training;

4. Placement, transfer, or promotion;

5. Retirement or dismissal.

(2) Any markedly disadvantageous result caused to a certain age group as a result of applying standards other than age without justifiable grounds is deemed age discrimination.

[This Article Newly Inserted by Act No. 8962, Mar. 21, 2008]

Article 4-5 (Exception to Prohibition of Discrimination)

Any of the following cases shall not be considered as age discrimination under Article 4-4：
1. Where a certain age limit is inevitably required in consideration of the characteristic of the duties；
2. Where wages, and other money and valuables, and welfare benefits are reasonably differentiated according to length of service；
3. Where a retirement age is set under labor contracts, work rules, collective agreements, etc. pursuant to this Act or other Acts；
4. Where support measures are taken to maintain and promote the employment of a certain age group pursuant to this Act or other Acts.
<This Article Newly Inserted by Act No. 8962, Mar. 21, 2008>

Article 4-6 (Notification of Petition and Recommendation)

(1) A person who has been discriminated against on the grounds of age due to the violation of any prohibition of age discrimination under Article 4-4 (hereinafter referred to as a “victim”) may file a petition to the National Human Rights Commission pursuant to Article 30 of the National Human Rights Commission Act.
(2) If the National Human Rights Commission judges that there is age discrimination after investigating a petition filed under paragraph (1), and recommends the employer, or the head of the relevant authorities, organization or supervisory authorities to take remedial measures, etc., it shall also notify the Minister of Employment and Labor of the details of such recommendation.
<This Article Newly Inserted by Act No. 8962, Mar. 21, 2008>

Article 4-7 (Corrective Order)

(1) If an employer who has been recommended to take remedial measures, etc., by the National Human Rights Commission under Article 4-6 (2) fails to comply with such recommendation without any justifiable reasons, and is deemed to inflict serious harm by falling under any of the following subparagraphs, the Minister of Employment and Labor may issue a corrective order by virtue of his/her authority or at the request of the victim：
1. Failure to comply with recommendations for an act of age discrimination involving many victims；
2. Failure to comply with recommendations for repeated acts of age discrimination；
3. Intentional failure to comply with recommendations, which is aimed at giving disadvantages to the victim；
4. Other cases prescribed by the Ordinance of the Ministry of Employment and Labor where a corrective order is needed in view of the contents, amount, etc. of the harm
(2) A corrective order under paragraph (1) shall include the following matters：
1. Stoppage of acts of age discrimination；
2. Restitution for harm；
3. Measures to prevent further recurrence of age discrimination；
4. Other measures prescribed by the Ordinance of the Ministry of Employment and Labor as required to redress age discrimination
(3) If a corrective order under paragraph (1) is issued at the request of a victim, such corrective order shall be issued within three months from the date when the request is received.
(4) If the Minister of Employment and Labor issues a corrective order pursuant to paragraph (1), he/she shall give a written statement specifying the following matters to the employer and victim respectively：
1. Reasons for the corrective order；
2. Details of the corrective order；
3. Deadline for redress；
4. Procedure for filing an appeal against the corrective order
(5) Procedures for a corrective order under paragraph (1) and other necessary matters shall be prescribed by the Presidential Decree.
<This Article Newly Inserted by Act No. 8962, Mar. 21, 2008>

Enforcement Ordinance

Article 4-8 (Request, etc. for Status Report on Compliance with Corrective Order)

(1) The Minister of Employment and Labor may request an employer who has committed an act of age discrimination to submit a status report on compliance with a corrective order under Article 4-7.
(2) If an employer who has committed an act of age discrimination fails to comply with a corrective order, the victim may report it to the Minister of Employment and Labor.
<This Article Newly Inserted by Act No. 8962, Mar. 21, 2008>

Article 4-9 (Prohibition of Dismissal and Other Unfavorable Treatment)

An employer shall not give a worker unfavorable treatment, such as dismissal, transfer and disciplinary action, on the ground that the worker has filed a petition, lawsuit or report, or provided information, response or testimony in regard of an act of age discrimination prohibited by this Act.
<This Article Newly Inserted by Act No. 8962, Mar. 21, 2008>

Enforcement Ordinance

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

Enforcement Ordinance

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 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

Enforcement Ordinance

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>

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>

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>

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>

Enforcement Ordinance

Enforcement Ordinance

Enforcement Ordinance

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>

Enforcement Ordinance

ADDENDA

This Act shall enter into force one year after its promulgation：Provided that the amended provisions of Article 19 and Article 19-2 (1) and (2) shall enter into force on the date as classified in each of the following subparagraphs.
1. 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：Jan. 1, 2016.
2. A business or a workplace in which fewer than 300 workers are ordinarily employed, the Government and local self-governing bodies：Jan. 1, 2017.