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ENFORCEMENT DECREE OF THE ACT ON TRADE ADJUSTMENT ASSISTANCE FOLLOWING THE FREE TRADE AGREEMENTS

Presidential Decree No. 19933, Mar. 16, 2007

Amended by Presidential Decree No. 20142, jun. 29, 2007

Presidential Decree No. 20678, Feb. 29, 2008

Presidential Decree No. 20844, jun. 20, 2008

Presidential Decree No. 21480, May 6, 2009

Presidential Decree No. 21784, Oct. 19, 2009

Presidential Decree No. 22269, Jul. 12, 2010

Presidential Decree No. 22859, Apr. 5, 2011

Presidential Decree No. 23124, Sep. 6, 2011

Presidential Decree No. 23904, jun. 29, 2012

Presidential Decree No. 24442, Mar. 23, 2013

Presidential Decree No. 25751, Nov. 19, 2014

Presidential Decree No. 26600, Oct. 23, 2015

Presidential Decree No. 27310, Jul. 6, 2016

 Article 1 (Purpose)
The purpose of this Decree is to prescribe matters delegated by the Act on Trade Adjustment Assistance Following the Free Trade Agreements and matters necessary for the enforcement thereof. <Amended by Presidential Decree No. 20844, Jun. 20, 2008>
 Article 2 (Scope of Types of Business Eligible for Assistance in Trade Adjustment)
"Services prescribed by Presidential Decree" in subparagraph 2 of Article 2 of the Act on Trade Adjustment Assistance Following the Free Trade Agreements (hereinafter referred to as the "Act") shall mean the types of business specified in attached Table 1. <Amended by Presidential Decree No. 22859, Apr. 5, 2011>
[This Article Wholly Amended by Presidential Decree No. 20844, Jun. 20, 2008]
 Article 3 (Formulation, etc. of Comprehensive Measures for Assistance in Trade Adjustment)
(1) If necessary for formulating a comprehensive plan for assistance in trade adjustment (hereinafter referred to as "comprehensive plan") under Article 4 (1) of the Act, the Minister of Trade, Industry and Energy and the Minister of Employment and Labor may request the heads of related central administrative agencies to submit necessary materials. <Amended by Presidential Decree No. 20678, Feb. 29, 2008; Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 24442, Mar. 23, 2013>
(2) The Minister of Trade, Industry or Energy shall, in cases where he/she has formulated a comprehensive plan, notify it to the heads of related administrative agencies, and may request them to provide cooperation for measures necessary for implementing the comprehensive plan. <Amended by Presidential Decree No. 20678, Feb. 29, 2008; Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 27310, Jul. 6, 2016>
 Article 4 (Timing, Method, etc. for Fact-Finding Surveys)
(1) The Minister of Trade, Industry and Energy and the Minister of Employment and Labor may conduct fact-finding surveys on the following matters pursuant to Article 4 (4) of the Act: <Amended by Presidential Decree No. 20678, Feb. 29, 2008; Presidential Decree No. 20844, Jun. 20, 2008; Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 24442, Mar. 23, 2013>
1. Details of trade loss or damage sustained by domestic industries by region and type of business;
2. Current status of application for, and designation as enterprises eligible for assistance in trade adjustment under Article 6 (1) of the Act (hereinafter referred to as "enterprise eligible for assistance in trade adjustment") or employees eligible for assistance in trade adjustment under Article 11 (1) of the Act (hereinafter referred to as "employee eligible for assistance in trade adjustment");
3. Outcomes of trade adjustment assistance policies, such as management conditions of enterprises eligible for assistance in trade adjustment and occupational transfer or reemployment of employees eligible for assistance in trade adjustment;
4. Other matters necessary to ascertain the status of trade adjustment for, and trade damage, to domestic industries.
(2) Fact-finding surveys prescribed in paragraph (1) shall be conducted every two years but a non-regular fact-finding survey may be conducted for a particular area or sector, if deemed necessary by the Minister of Trade, Industry and Energy or the Minister of Employment and Labor. <Amended by Presidential Decree No. 20678, Feb. 29, 2008; Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 24442, Mar. 23, 2013>
(3) The Minster of Trade, Industry and Energy or the Minister of Employment and Labor may require a public official under his/her jurisdiction to visit a site to conduct a fact-finding survey, or may conduct a written or online survey, etc. <Amended by Presidential Decree No. 20678, Feb. 29, 2008; Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 24442, Mar. 23, 2013>
(4) Where a site survey is to be conducted pursuant to paragraph (3), a survey plan, including the date and time, purpose, details, etc. of the survey, shall be notified to the person to be surveyed by no later than seven days before the survey.
 Article 4-2 (Consulting Assistance for Stabilizing Management and Securing Competitiveness)
(1) The "period prescribed by Presidential Decree" under the provisions of Article 5-2 (1) of the Act, other than each subparagraph, shall mean two years as of the date of application for assistance in counseling for stabilizing management and securing competitiveness.
(2) The "period prescribed by Presidential Decree" under the provisions of Article 5-2 (1) 1 of the Act, other than each item, shall mean six months (referring to one year if deemed necessary by the Minister of Trade, Industry and Energy, considering circumstances related to settlement of accounts of an enterprise) within the period applicable under the following classifications, whichever is relevant: <Amended by Presidential Decree No. 24442, Mar. 23, 2013>
1. Where the overall sales or production of an enterprise has decreased: Within two years before the date of application for consulting assistance for stabilizing management and securing competitiveness;
2. Where the overall sales or production of an enterprise is deemed to definitely decrease: Within one year after the date of application for consulting assistance for stabilizing management and securing competitiveness.
(3) Cases where "the overall sales or production of an enterprise has decreased or is deemed to definitely decrease by at least a rate prescribed by Presidential Decree" under Article 5-2 (1) 1 (a) of the Act shall mean cases where the overall sales or production during the period prescribed in the provisions of paragraph (2) other than each subparagraph has decreased or is deemed certain to decrease by at least 5/100 compared with the corresponding period of an immediately preceding year.
[This Article Newly Inserted by Presidential Decree No. 23904, Jun. 29, 2012]
 Article 4-3 (Procedure for Consulting Assistance for Stabilizing Management and Securing Competitiveness)
(1) A person who intends to receive consulting assistance pursuant to Article 5-2 (1) of the Act shall submit, to the Minister of Trade, Industry and Energy, an application for consulting assistance for stabilizing management and securing competitiveness prescribed by Ordinance of the Ministry of Trade, Industry and Energy, along with a document verifying that he/she meets the requirements specified in each subparagraph of Article 5-2 (1) of the Act. <Amended by Presidential Decree No. 24442, Mar. 23, 2013>
(2) Upon receipt of application under paragraph (1), the Minister of Trade, Industry and Energy shall ascertain the following matters through sharing of administrative information under Article 36 (1) of the Electronic Government Act: Provided, That a copy of a business registration certificate shall be attached, if the applicant withhold consent to ascertainment of his/her business registration certificate: <Amended by Presidential Decree No. 24442, Mar. 23, 2013>
1. A corporate registration certificate;
2. A business registration certificate.
(3) Except as otherwise provided for in paragraphs (1) and (2), necessary matters concerning the method, etc. of providing consulting assistance for stabilizing management and securing competitiveness shall be determined and publicly announced by the Minister of Trade, Industry and Energy. <Amended by Presidential Decree No. 24442, Mar. 23, 2013>
[This Article Newly Inserted by Presidential Decree No. 23904, Jun. 29, 2012]
 Article 5 (Criteria, etc. for Serious Loss or Damage)
(1) The "period prescribed by Presidential Decree" under Article 6 (2) 1 of the Act shall mean six months (referring to one year if deemed necessary by the Minister of Trade, Industry and Energy, considering matters such as circumstances related to settlement of accounts of an enterprise). <Amended by Presidential Decree No. 20844, Jun. 20, 2008; Presidential Decree No. 21784, Oct. 19, 2009; Presidential Decree No. 24442, Mar. 23, 2013>
(2) The criteria for determining whether any trade loss or damage constitutes serious loss or damage specified in Article 6 (2) 1 of the Act shall be as follows: <Amended by Presidential Decree No. 20844, Jun. 20, 2008; Presidential Decree No. 23124, Sep. 6, 2011; Presidential Decree No. 23904, Jun. 29, 2012>
1. Where the relevant enterprise has sustained any trade loss or damage, the trade loss or damage in question shall have occurred within two years before the date of application for designation as an enterprise eligible for assistance in trade adjustment, and any of the following requirements shall be satisfied:
(a) The overall sales or production of the relevant enterprise during the period under paragraph (1) has decreased by at least 10/100 compared with the corresponding period of the immediately preceding year;
(b) In overall consideration the operating income, number of employees, operation rate, inventory, etc. of the enterprise, the damage is deemed to amount to the loss or damage specified in item (a).
2. Where the relevant enterprise is likely to sustain trade loss or damage, the following requirements shall be satisfied:
(a) The trade loss or damage in question is expected to occur within one year after the date of application for the designation as an enterprise eligible for assistance in trade adjustment;
(b) In overall consideration of changes in the enterprise's operating income, employment, operation rate, inventory, etc., the damage to overall sales or production is deemed to amount to the trade loss or damage specified in subparagraph 1 (a).
(3) Deleted. <by Presidential Decree No. 20844, Jun. 20, 2008>
 Article 6 (Procedures for Designation of Enterprises Eligible for Assistance in Trade Adjustment)
(1) Any person who intends to be designated as an enterprise eligible for assistance in trade adjustment pursuant to Article 6 (1) of the Act shall submit, to the Minister of Trade, Industry and Energy, an application for designation as an enterprise eligible for assistance in trade adjustment determined by joint Ordinance of the Ministry of Trade, Industry and Energy and the Ministry of Employment and Labor (hereinafter referred to as "joint Ordinance"), along with documents verifying facts falling under Article 6 (2) 1 and 2 of the Act. <Amended by Presidential Decree No. 20678, Feb. 29, 2008; Presidential Decree No. 20844, Jun. 20, 2008; Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 27310, Jul. 6, 2016>
1. and 2. Deleted. <by Presidential Decree No. 27310, Jul. 6, 2016>
(2) Deleted. <by Presidential Decree No. 27310, Jul. 6, 2016>
(3) Upon receipt of an application for designation as an enterprise eligible for assistance in trade adjustment under paragraph (1), the Minister of Trade, Industry and Energy shall determine whether to designate or not within 30 days from the date of receipt of documents: Provided, That in cases where it is deemed necessary for extending the deliberation period to verify requirements prescribed in Article 6 (2) 1 and 2 of the Act, its period may be extended by up to 30 days. <Amended by Presidential Decree No. 27310, Jul. 6, 2016>
(4) Deleted. <by Presidential Decree No. 20844, Jun. 20, 2008>
(5) Deleted. <by Presidential Decree No. 21784, Oct. 19, 2009>
(6) The Minister of Trade, Industry and Energy shall, in cases where the designation has been determined pursuant to paragraph (3), notify the applicant and the Minister of Employment and Labor of his/her decision in writing. <Amended by Presidential Decree No. 27310, Jul. 6, 2016>
(7) Details necessary for verifying requirements prescribed in Article 6 (2) 1 and 2 of the Act shall be determined and publicly notified by the Minister of Trade, Industry and Energy. <Amended by Presidential Decree No. 27310, Jul. 6, 2016>
(8) "Period prescribed by Presidential Decree" in Article 6 (1) of the Act means two years as of the date of filing an application for designation as an enterprise eligible for assistance in trade adjustment. <Newly Inserted by Presidential Decree No. 20844, Jun. 20, 2008>
(9) "The same kind of commodity or service" in Article 6 (2) 2 of the Act means the following commodity or service: <Newly Inserted by Presidential Decree No. 21784, Oct. 19, 2009; Presidential Decree No. 24442, Mar. 23, 2013>
1. A commodity recognized by the Minister of Trade, Industry and Energy that has identical physical characteristics (including components), quality, use and distribution route and the same item code under the harmonized tariff and statistical schedules prescribed in Article 98 of the Enforcement Decree of the Customs Act, or a commodity equivalent thereto;
2. A service recognized by the Minister of Trade, Industry and Energy that has identical means of supply, purpose, use, quality, scope of consumers and regulatory statutes, or a service equivalent thereto.
(10) "Commodity or service in direct competition" in Article 6 (2) 2 of the Act means a commodity or service, the use or consumer evaluation of which is the same as the same kind of commodity or service under paragraph (9) or that is mutually replaceable for commercial use, although it does not constitute the same kind of commodity or service. <Newly Inserted by Presidential Decree No. 21784, Oct. 19, 2009>
(11) "Importation of service" in Article 6 (2) 2 of the Act means provision of any of the following services: <Newly Inserted by Presidential Decree No. 20844, Jun. 20, 2008; Presidential Decree No. 21784, Oct. 19, 2009>
1. Provision of services by a member country of a free trade agreement in the territory of the Republic of Korea;
2. Provision of services to a resident of the Republic of Korea in the territory of a member country of a free trade agreement;
3. Provision of services through commercial presence in the territory of the Republic of Korea by a resident of a member country of a free trade agreement;
4. Provision of services through entry into the territory of the Republic of Korea by a resident of a member country of a free trade agreement.
(12) The "resident" in paragraph (11) means any of the following persons: <Newly Inserted by Presidential Decree No. 20844, Jun. 20, 2008; Presidential Decree No. 21784, Oct. 19, 2009>
1. A natural person who has domicile or residence in the relevant nation;
2. A corporation that has its main office in the relevant nation.
(13) "Commercial presence" in paragraph (11) 3 means any of the following acts committed within the territory of the Republic of Korea to provide services: <Newly Inserted by Presidential Decree No. 20844, Jun. 20, 2008; Presidential Decree No. 21784, Oct. 19, 2009>
1. Incorporation, acquisition or operation of a corporation;
2. Establishment or operation of a branch or subbranch, or other offices.
(14) When determining whether a corporation has a commercial presence prescribed in paragraph (13), any of the following domestic corporations shall be deemed a corporation of a member country of a free trade agreement : <Newly Inserted by Presidential Decree No. 20844, Jun. 20, 2008; Presidential Decree No. 21784, Oct. 19, 2009>
1. A domestic corporation, at least 50 percent of the total number of voting shares or equity interest of which are owned by a natural person of a member country of a free trade agreement or by a corporation established under the laws of a member country of a free trade agreement;
2. A domestic corporation for which a natural person of a member country of a free trade agreement or a corporation established under the laws of a member country of a free trade agreement has the authority to appoint a majority of directors or to legally instruct activities.
 Article 7 (Procedures, etc. for Applying for Consulting Assistance)
(1) An enterprise eligible for assistance in trade adjustment shall, where it intends to receive consulting assistance prescribed in Article 8 (1) of the Act, submit an application for consulting assistance to the Minister of Trade, Industry and Energy, as prescribed by joint Ordinance, within three years after being designated as an enterprise eligible for assistance in trade adjustment.
(2) Except for matters provided for in paragraph (1), detailed matters necessary for the methods of and procedures for consulting assistance shall be determined and publicly announced by the Minister of Trade, Industry and Energy.
[This Article Wholly Amended by President Decree No. 27310, Jul. 6, 2016]
 Article 8 (Procedures, etc. for Filing an Application for Supporting through Loans)
(1) An enterprise eligible for assistance in trade adjustment shall, in cases of receiving the support through loans prescribed in Article 9 (1) of the Act, submit an application for the support of loans and the trade adjustment plan (hereinafter referred to as the “trade adjustment plan”) under Article 9 (2) of the Act to the Minister of Trade, Industry and Energy, as prescribed by joint Ordinance, within three years after being designated as an enterprise eligible for assistance in trade adjustment.
(2) The performance period for the trade adjustment plan submitted under paragraph (1) shall be within five years.
(3) “Funds prescribed by Presidential Decree” under Article 9 (3) 1 shall mean each of the following funds:
1. Funds for stabilizing business for eliminating temporary imbalance in supply and demand of funds due to restructuring, etc.;
2. Funds necessary for the purchase and substitution of systems and equipment related to informatization;
3. Funds necessary for the technology commercialization;
4. Funds necessary for developing domestic and overseas markets.
(4) “Period prescribed by Presidential Decree” prescribed in Article 9 (5) means six months.
(5) Except for matters provided for in paragraph (1) through (4), detailed matters necessary for the standard of review concerning the suitability of trade adjustment plans, criteria for loans, subjects, scale, methods, procedures, etc. shall be determined and publicly announced by the Minister of Trade, Industry and Energy.
[This Article Wholly Amended by President Decree No. 27310, Jul. 6, 2016]
 Article 8-2 Deleted. <by Presidential Decree No. 23904, Jun. 29, 2012>
 Article 9 (Methods, Application Procedures, etc. for Investment in Private Equity Fund for Corporate Restructuring)
(1) The "rate prescribed by Presidential Decree" under Article 10 (1) of the Act means a rate classified as follows: <Amended by Presidential Decree No. 20844, Jun. 20, 2008; Presidential Decree No. 21784, Oct. 19, 2009; Presidential Decree No. 26600, Oct. 23, 2015; Presidential Decree No. 27301, Jul. 6, 2016>
1. Where the ratio of investment (hereinafter referred to as the “investment ratio”) in an enterprise eligible for assistance in trade adjustment to the investment by a private equity fund for corporate restructuring (hereinafter referred to as a “private equity fund for corporate restructuring”) under Article 10 (1) of the Act is at least 50/100: Up to 50/100 of the investment;
2. Where the investment ratio is at least 30/100, and less than 50/100: Up to 30/100 of the investment;
3. Where the investment ratio is less than 30/100: Up to 10/100 of the investment.
(2) Where an executive officer prescribed in Article 249-14 of the Financial Investment Services and Capital Markets Act wishes to receive investment from the Government in relation to a private equity fund for corporate restructuring pursuant to Article 10 (1) of the Act, he/she shall submit an application for support through investment to the Minister of Trade, Industry and Energy within five years after an enterprise in which the relevant private equity fund intends to make an investment is designated as an enterprise eligible for assistance in trade adjustment, as prescribed by joint Ordinance. <Amended by Presidential Decree No. 20678, Feb. 29, 2008; Presidential Decree No. 20844, Jun. 20, 2008; Presidential Decree No. 21480, May 6, 2009; Presidential Decree No. 21784, Oct. 19, 2009; Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 26600, Oct. 23, 2015; Presidential Decree No. 27301, Jul. 6, 2016>
(3) In receipt of an application filed under paragraph (2), the Minister of Trade, Industry and Energy shall examine the feasibility of the investment plan, etc. to determine whether to make an investment, and notify the applicant of the outcomes of the examination in writing. <Amended by Presidential Decree No. 20678, Feb. 29, 2008; Presidential Decree No. 24442, Mar. 23, 2013>
(4) An executive officer of a private equity fund for corporate restructuring having received investment made under paragraph (3) shall submit a settlement statement of the relevant private equity fund for each fiscal year to the Minister of Trade, Industry and Energy within three months after the end of each fiscal year, along with a written audit opinion prepared by a certified public accountant. <Amended by Presidential Decree No. 20678, Feb. 29, 2008; Presidential Decree No. 21480, May 6, 2009; Presidential Decree No. 21784, Oct. 19, 2009; Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 26600, Oct. 23, 2015; Presidential Decree No. 27301, Jul. 6, 2016>
(5) Except as prescribed in paragraphs (1) through (4), details necessary for the methods, procedures, etc. for making an investment shall be determined and publicly announced by the Minister of Trade, Industry and Energy. <Amended by Presidential Decree No. 20678, Feb. 29, 2008; Presidential Decree No. 24442, Mar. 23, 2013>
 Article 10 (Requirements, etc. for Designation as Employees Eligible for Assistance in Trade Adjustment)
(1) The "representative of employees" under Article 11 (1) of the Act shall mean persons falling under any of the following: <Amended by Presidential Decree No. 22269, Jul. 12, 2010>
1. Where there is a labor union consisting of a majority of employees, the representative of the labor union;
2. Where there is no labor union consisting of a majority of employees, the person who represents the majority of the employees of the relevant enterprise;
3. Where the relevant enterprise has discontinued business, a person falling under subparagraph 1 or 2 before the discontinuation of business;
4. Where the relevant enterprise has discontinued business and there is no person falling under subparagraph 1 or 2 before the discontinuation of business, a person who meets the criteria determined and publicly announced by the Minister of Employment and Labor.
(2) The "person who is highly likely to lose his/her job" under Article 11 (2) 1 of the Act shall mean a person who has received an advance notice of dismissal under Article 26 of the Labor Standards Act or has received any other advance notice of dismissal in a manner equivalent thereto. <Amended by Presidential Decree No. 20142, Jun. 29, 2007>
(3) Cases where "working hours have been reduced by at least hours prescribed by Presidential Decree" under Article 11 (2) 1 of the Act shall mean cases where the average working hours per week are shorter than the contractual working hours specified in Article 2 (1) of the Labor Standards Act during a period of at least two months and have been shortened by at least 30/100 compared with the immediately preceding six months. <Amended by Presidential Decree No. 20142, Jun. 29, 2007; Presidential Decree No. 20844, Jun. 20, 2008>
(4) The case where "working hours are highly likely to be shortened" under Article 11 (2) 1 of the Act shall mean the case where a collective bargaining agreement under the Trade Union and Labor Relations Adjustment Act or a labor contract under the Labor Standards Act, with a provision setting forth shortened working hours specified in paragraph (3), has been entered into, or where working hours are scheduled to be shortened in accordance with rules of employment under the Labor Standards Act or in an equivalent manner. <Amended by Presidential Decree No. 21784, Oct. 19, 2009>
(5) The "enterprise that supplies goods to an enterprise eligible for assistance in trade adjustment" under Article 11 (2) 2 (b) of the Act shall mean an enterprise whose sales or production falling under any of the following accounts for at least 20/100 of its total sales or production: <Amended by Presidential Decree No. 20844, Jun. 20, 2008>
1. Sales or production of raw materials or intermediate goods supplied for the manufacture of commodities produced by an enterprise eligible for assistance in trade adjustment;
2. Sales or production of additional or value-added business for commodities produced by an enterprise eligible for assistance in trade adjustment, such as assembling and packaging.
 Article 11 (Procedure for Designation of Employees Eligible for Assistance in Trade Adjustment)
(1) A person who requests designation of an employee as an employee eligible for assistance in trade adjustment pursuant to Article 11 (1) of the Act shall submit an application for designation of an employee eligible for assistance in trade adjustment to the Minister of Employment and Labor within two years from the date on which the relevant employee comes to fall under Article 11 (2) 1 of the Act as prescribed by joint Ordinance. <Amended by Presidential Decree No. 20844, Jun. 20, 2008; Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 27301, Jul. 6, 2016>
(2) The Minister of Employment and Labor shall notify, in writing, the person who has submitted the application pursuant to paragraph (1) of whether the relevant employee has been designated as an employee eligible for assistance in trade adjustment, within one month from the date of receipt of the application. <Amended by Presidential Decree No. 20844, Jun. 20, 2008; Presidential Decree No. 22269, Jul. 12, 2010>
 Article 12 Deleted. <by Presidential Decree No. 27301, Jul. 6, 2016>
 Article 13 Deleted. <by Presidential Decree No. 23904, Jun. 29, 2012>
 Articles 14 through 16 Deleted. <by Presidential Decree No. 21784, Oct. 19, 2009>
 Article 17 and 18 Deleted. <by Presidential Decree No. 27301, Jul. 6, 2016>
 Article 19 (Organization and Operation of Trade Adjustment Support Center)
(1) In order to efficiently perform affairs related to support for enterprises eligible for assistance in trade adjustment pursuant to Article 16 of the Act, the Minister of Trade, Industry and Energy may establish, in the trade adjustment support center (hereinafter referred to as "support center"), a task force in charge of trade adjustment assistance mainly consisting of the head of the support center and officers and employees of the Small and Medium Business Corporation, and a general counseling office mainly consisting of dispatched employees prescribed in paragraph (2). <Amended by Presidential Decree No. 20678, Feb. 29, 2008; Presidential Decree No. 24442, Mar. 23, 2013>
(2) If necessary for performing affairs related to support for enterprises eligible for assistance in trade adjustment, the Minister of Trade, Industry and Energy may request a corporation or organization relating to trade adjustment assistance to dispatch its employees to the support center. <Amended by Presidential Decree No. 20678, Feb. 29, 2008; Presidential Decree No. 24442, Mar. 23, 2013>
(3) The head of the support center shall prepare and report the outcomes of performance of trade adjustment assistance for the preceding year and an implementation plan for trade adjustment assistance for the current year to the Minister of Trade, Industry and Energy by the end of the February of each year, and shall report quarterly performance outcomes to the Minster of Trade, Industry and Energy within one month after each quarter. <Amended by Presidential Decree No. 20678, Feb. 29, 2008; Presidential Decree No. 24442, Mar. 23, 2013>
(4) The Minister of Trade, Industry and Energy may subsidize the support center with expenses incurred in efficiently performing affairs related to support for enterprises eligible for assistance in trade adjustment under Article 16 of the Act. <Amended by Presidential Decree No. 20678, Feb. 29, 2008; Presidential Decree No. 24442, Mar. 23, 2013>
(5) Except as prescribed in paragraphs (1) through (4), matters necessary for the organization and operation of the support center shall be determined by the head of the support center. <Amended by Presidential Decree No. 27301, Jul. 6, 2016>
 Article 20 (Required Period to Revoke Designation as Enterprises Eligible for Assistance in Trade Adjustment)
(1) Deleted. <by Presidential Decree No. 27301, Jul. 6, 2016>
(2) The "period prescribed by Presidential Decree" under Article 17 (1) 4 of the Act means three months. <Amended by Presidential Decree No. 20844, Jun. 20, 2008>
 Article 21 (Criteria for Additional Collection)
(1) The Minister of Trade, Industry and Energy and the Minister of Employment and Labor shall collect an additional amount of up to 10/100 of a subsidy obtained by fraud or other improper means from a person who has obtained the subsidy under the Act by fraud or other improper means, pursuant to Article 18 (1) of the Act. <Amended by Presidential Decree No. 20678, Feb. 29, 2008; Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 24442, Mar. 23, 2013>
(2) Details of the procedure for returning a subsidy or collecting an additional amount under Article 18 (1) of the Act and those of the criteria for additional collection under paragraph (1) shall be determined and publicly announced by the Minister of Trade, Industry and Energy and the Minister of Employment and Labor, respectively. <Amended by Presidential Decree No. 20678, Feb. 29, 2008; Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 24442, Mar. 23, 2013>
 Article 22 (Order for Reporting)
(1) The Minister of Trade, Industry and Energy may require an enterprise eligible for assistance in trade adjustment or a private equity fund for corporate restructuring to report on the following matters pursuant to Article 19 (2) of the Act: <Amended by Presidential Decree No. 20678, Feb. 29, 2008; Presidential Decree No. 20844, Jun. 20, 2008; Presidential Decree No. 21480, May 6, 2009; Presidential Decree No. 21784, Oct. 19, 2009; Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 26600, Oct. 23, 2015; Presidential Decree No. 27301, Jul. 6, 2016>
1. The status of implementation of a trade adjustment plan by an enterprise eligible for assistance in trade adjustment;
2. Implementation and outcomes of making an investment by a private equity fund for corporate restructuring;
3. Other matters necessary for implementing trade adjustment assistance policies.
(2) The Minister of Employment and Labor may require a person who conducts activities relating to prompt transfer to other occupations or reemployment of employees eligible for assistance in trade adjustment to report on the following matters: <Amended by Presidential Decree No. 20844, Jun. 20, 2008; Presidential Decree No. 22269, Jul. 12, 2010>
1. The status of performance of activities relating to prompt occupational transfer or reemployment of employees eligible for assistance in trade adjustment;
2. Other matters necessary for implementing policies for supporting employees eligible for assistance in trade adjustment.
(3) An enterprise eligible for assistance in trade adjustment having received the support through loans prescribed in Article 9 (1) of the Act shall submit the report on the status of implementation of a trade adjustment plan prescribed in paragraph (1) 1 to the Minister of Trade, Industry and Energy within three months after the end of each fiscal year during the implementation period specified in Article 8 (2). <Amended by Presidential Decree No. 20678, Feb. 29, 2008; Presidential Decree No. 20844, Jun. 20, 2008; Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 27301, Jul. 6, 2016>
 Article 23 (Delegation of Authority)
The Minister of Employment and Labor shall delegate his/her authority on the following matters to the head of a regional employment and labor office pursuant to Article 22 (2) of the Act: <Amended by Presidential Decree No. 20844, Jun. 20, 2008; Presidential Decree No. 22269, Jul. 12, 2010>
1. Designation of employees eligible for assistance in trade adjustment under Article 11 (2) of the Act;
2. Provision of information necessary for occupational transfer, etc. and counseling under Article 12 (1) of the Act;
3. Support for occupational transfer or reemployment under Article 13 of the Act;
4. Revocation of designation under Article 17 (2) of the Act;
5. Recovery of a subsidy or collection of an additional amount under Article 18 (1) of the Act;
6. Request for reporting under Article 19 (3) of the Act;
7. Entrance, inspections or inquiries under Article 20 (2) of the Act;
8. Hearings under Article 21 of the Act;
9. Imposition and collection of administrative fines under Article 24 (1) and (2) of the Act.
 Article 24 (Entrustment of Affairs)
The Minister of Trade, Industry and Energy shall entrust the following affairs to the Small and Medium Business Corporation established under the Small and Medium Enterprises Promotion Act pursuant to Article 23 (1) of the Act: <Amended by Presidential Decree No. 20678, Feb. 29, 2008; Presidential Decree No. 20844, Jun. 20, 2008; Presidential Decree No. 21784, Oct. 19, 2009; Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 23904, Jun. 29, 2012; Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 27301, Jul. 6, 2016>
1. Assistance concerning consulting on business management, accounting, legal affairs, technology, production, etc. necessary for trade adjustment prescribed in Article 5-2 (1) of the Act;
2. Acceptance of applications for designation as enterprises eligible for assistance in trade adjustment prescribed in Article 6 (1) of the Act;
3. Duties concerning verification of requirements prescribed in Article 6 (2) 1 and 2;
4. Provision of information necessary for trade adjustment prescribed in Article 7 of the Act;
5. Consulting assistance for enterprises eligible for assistance in trade adjustment prescribed in Article 8 (1) of the Act;
6. Supporting loans for an enterprise eligible for assistance in trade adjustment prescribed in Article 9 (1) of the Act;
7. Notification to the Minister of Employment and Labor pursuant to Article 9 (3) of the Act;
7-2 Duties concerning the review whether the trade adjustment plan is appropriate under Article 9 (4) of the Act;
8. Receipt of a subsidy returned or the additionally collected amount prescribed in Article 18 (1) of the Act;
9. Acceptance of matters reported under Article 19 (2) of the Act;
10. Acceptance of applications for support through investment prescribed in Article 9 (2);
11. Examination of the appropriateness of an investment plan and notification of the outcomes of such examination administered under Article 9 (3);
12. Acceptance of settlement statements for each fiscal year pursuant to Article 9 (4).
 Article 25 (Criteria for Imposing Administrative Fines)
The criteria for imposing administrative fines under Article 24 (1) of the Act shall be as specified in attached Table 2.
[This Article Newly Inserted by Presidential Decree No. 22859, Apr. 5, 2011]
ADDENDUM
This Decree shall enter into force on April 29, 2007.
ADDENDA <Presidential Decree No. 20142, Jun. 29, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2007. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 20678, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDUM <Presidential Decree No. 20844, Jun. 20, 2008>
This Decree shall enter into force on June 22, 2008.
ADDENDA <Presidential Decree No. 21480, May 6, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 8, 2009.
Articles 2 and 3 Omitted.
ADDENDUM <Presidential Decree No. 21784, Oct. 19, 2009>
This Decree shall enter into force on October 23, 2009.
ADDENDA <Presidential Decree No. 22269, Jul. 12, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Presidential Decree No. 22859, Apr. 5, 2011>
Article 1(Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Administrative Fines)
(1) The previous provisions shall govern the criteria for imposing administrative fines to any violation committed before this Decree enters into force, notwithstanding the amended provisions of attached Table 2.
(2) Imposition of an administrative fine for violations committed before this Decree enters into force shall be excluded from the calculation of the frequency of offenses under the amended provisions of attached Table 2.
ADDENDUM <Presidential Decree No. 23124, Sep. 6, 2011>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 23904, Jun. 29, 2012>
This Decree shall enter into force on July 18, 2012.
ADDENDA <Presidential Decree No. 24442, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 12 Omitted.
ADDENDA <Presidential Decree No. 25751, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That provisions amending Presidential Decrees that have already been promulgated before this Decree enters into force but have yet to enter into force among Presidential Decrees amended pursuant to Article 5 of the Addenda shall enter into force on the respective dates on which relevant Presidential Decrees enter into force.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 26600, Oct. 23, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on October 25, 2015. (Proviso Omitted.)
Articles 2 through 9 Omitted.
ADDENDUM <Presidential Decree No. 27310, Jul. 6, 2016>
This Decree shall enter into force on July 7, 2016.