ENFORCEMENT DECREE OF THE ACT ON PROHIBITION OF AGE DISCRIMINATION IN EMPLOYMENT AND ELDERLY EMPLOYMENT PROMOTION
Wholly Amended by Presidential Decree No. 21230, Dec. 31, 2008
Amended by Presidential Decree No. 22140, Apr. 29, 2010
Presidential Decree No. 22269, Jul. 12, 2010
Presidential Decree No. 22356, Aug. 25, 2010
Presidential Decree No. 22795, Mar. 30, 2011
Presidential Decree No. 25840, Dec. 9, 2014
Presidential Decree No. 26690, Dec. 4, 2015
Presidential Decree No. 27751, Dec. 30, 2016
CHAPTER I GENERAL PROVISIONS
| Article 2 (Definitions of the Aged and the Middle-Aged) |
| (2) | The term “the middle-aged” referred to in subparagraph 2 of Article 2 of the Act means persons who are aged 50 or older, and younger than 55. |
| Article 3 (Standard Ratio for Employment of the Aged) |
The “ratio prescribed by Presidential Decree” in subparagraph 5 of Article 2 of the Act means any of the following ratios: | 1. | Manufacturing businesses: 2/100 of the number of full-time workers in the relevant place of business; |
| 2. | Transportation, real-estate or rental businesses: 6/100 of the number of full-time workers in the relevant place of business; |
| 3. | Businesses other than those specified in subparagraphs 1 and 2: 3/100 of the number of full-time workers in the relevant place of business. |
CHAPTER II PROHIBITION OF AGE DISCRIMINATION IN EMPLOYMENT
| Article 4 (Methods, etc. of Seeking Corrective Orders) |
| (1) | An aggrieved person who intends to seek a corrective order referred to in Article 4-7 (1) of the Act shall submit a document specifying the following matters to the Minister of Employment and Labor: <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
| 1. | The name and address of the applicant; |
| 2. | The name and address of the respondent (when the respondent is a corporation, referring to its name and the location of its principal office); |
| 3. | The reasons why a corrective order is required. |
| (2) | An application for a corrective order referred to in paragraph (1) shall be filed within six months of the date the National Human Rights Commission recommends remedial measures, etc. |
CHAPTER III GOVERNMENTAL SUPPORT FOR EMPLOYMENT OF THE AGED
| Article 5 (Training for Developing Vocational Skills of 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: <Amended by Presidential Decree No. 22140, Apr. 29, 2010; Presidential Decree No. 22269, Jul. 12, 2010> |
| 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. <Amended by Presidential Decree No. 22140, Apr. 29, 2010; Presidential Decree No. 22269, Jul. 12, 2010> |
| (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. <Amended by Presidential Decree No. 22140, Apr. 29, 2010; Presidential Decree No. 22269, Jul. 12, 2010> |
| (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. <Amended by Presidential Decree No. 22140, Apr. 29, 2010; Presidential Decree No. 22269, Jul. 12, 2010> |
| (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.” |
| Article 6 (Preferential Evaluation 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. <Amended by Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 22356, Aug. 25, 2010>
| Article 7 (Criteria, etc. for Designation of Talent Banks of the Aged) |
| (1) | The criteria for designating a Talent Bank of the Aged referred to in Article 11 (1) of the Act (hereinafter referred to as “Talent Bank of the Aged”) shall be as shown in attached Table 1. |
| (2) | Any person who wishes to obtain designation as a Talent Bank of the Aged shall file an application for designation as a Talent Bank of the Aged with the Minister of Employment and Labor. <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
| (3) | Upon receipt of an application for the designation as a Talent Bank of the Aged referred to in paragraph (2), the Minister of Employment and Labor shall decide whether to grant the designation by taking into consideration each of the following matters, and notify the result of his/her decision to the applicant within 30 days of receipt of the application: <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
| 1. | Regional distribution of Talent Banks of the Aged; |
| 2. | Results of job placements for the aged; |
| 3. | Size of related budget; |
| 4. | Other matters the Minister of Employment and Labor deems necessary for the designation of a Talent Bank of the Aged. |
| (4) | The effective period of designation as a Talent Bank of the Aged and other necessary matters for the designation and operation of a Talent Bank of the Aged shall be determined and publicly announced by the Minister of Employment and Labor. <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
| Article 8 (Scope of Businesses of Employment Support Center for Middle-Aged Professional Manpower) |
| 2. | Development and dissemination of training programs for the development of vocational skills in consideration of physical and mental conditions, etc. of the aged referred to in Article 6 (3) of the Act; |
| 3. | Provision, to an employer, of consultation, counselling, support, information, etc. concerning management of employment of the aged under Article 7 of the Act. |
| Article 9 (Criteria, etc. for Designation of Employment Support Centers for Middle-Aged Professional Manpower) |
| (1) | Attached Table 1 shall apply mutatis mutandis to the criteria for the designation of an Employment Support Center for Middle-Aged Professional Manpower referred to in Article 11-2 (1) of the Act. In such cases, “Talent Bank of the Aged” shall be construed as “Talent Bank of the Middle-Aged,” “Article 7 (1)” as “Article 9 (1),” and “the aged” as “middle-aged professional manpower.” |
| (2) | Article 7 (2) through (4) shall apply mutatis mutandis to the procedures for designating an Employment Support Center for Middle-Aged Professional Manpower referred to in paragraph (1). In this case, a “Talent Bank of the Aged” shall be construed as “Employment Support Center for Middle-Aged Professional Manpower,” and “the aged” as “middle-aged professional manpower,” respectively. |
CHAPTER IV EMPLOYMENT PROMOTION AND EMPLOYMENT STABILITY OF THE AGED
| Article 10 (Employers Required to Comply with Standard Employment Ratio) |
An employer required to endeavor to employ the aged at or in excess of the standard employment ratio defined in Article 12 of the Act shall be the employer of a place of business employing at least 300 permanent workers.
| Article 11 (Standards, etc. for Payment of Subsidies for Employment) |
| Article 12 (Employment in Preferred Occupational Types) |
| (1) | The State, a local government, or the head of an institution designated as a public institution referred to in Article 4 of the Act on the Management of Public Institutions (hereinafter referred to as the “head of a public institution, etc.”) shall employ the aged and the middle-aged preferentially upon occurrence of any of the following events with respect to the preferred occupational types in the relevant institution: <Amended by Presidential Decree No. 22140, Apr. 29, 2010> |
| 1. | When a new workforce needs to be employed as a result of creation or expansion of preferred occupational types; |
| 2. | When a vacancy in preferred occupational types resulting from events such as retirement and departure from employment needs to be filled. |
| (2) | Where the head of a public institution, etc. employs a worker for a preferred occupational type in the relevant institution, he/she may choose not to apply paragraph (1), if separate qualifications are prescribed in any related statute or if a special circumstance is recognized by and an approval is obtained from the Minister of Employment and Labor. <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
| Article 13 (Report on Employment Status in Preferred Occupational Categories) |
The head of a public institution, etc. shall report employment status for the preferred occupational categories in his/her institution to the Minister of Employment and Labor each year, as prescribed by Ordinance of the Ministry of Employment and Labor. <Amended by Presidential Decree No. 22269, Jul. 12, 2010>
| Article 14 (Employers Required to Report Operational Status of Retirement Age System) |
An “employer who employs at least the specific number of workers as prescribed by Presidential Decree” in Article 20 (1) of the Act means an employer who employs at least 300 permanent workers.
CHAPTER VI SUPPLEMENTARY PROVISIONS
| Article 15 (Delegation of Authority) |
| (1) | In accordance with Article 23-2 of the Act, the Minister of Employment and Labor shall delegate the authority for the following matters to the head of a regional employment and labor office: <Amended by Presidential Decree No. 22140, Apr. 29, 2010; Presidential Decree No. 22269, Jul. 12, 2010> |
| 1. | Request for submission of a report on the implementation status of a corrective order, and acceptance of a report on failure to comply with a corrective order referred to in Article 4-8 of the Act; |
| 2. | Designation of a Talent Bank of the Aged and an Employment Support Center for Middle-Aged Professional Manpower referred to in Articles 11 and 11-2 of the Act; |
| 3. | Cancellation of designation of a Talent Bank of the Aged or an Employment Support Center for Middle-Aged Professional Manpower, and acceptance of a report on discontinuation or suspension of business under Article 11-3 of the Act; |
| (2) | The Minister of Employment and Labor shall delegate the authority to issue a corrective order prescribed in Article 4-7 of the Act to the head of a regional employment and labor office. <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
| 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. <Amended by Presidential Decree No. 27751, Dec. 30, 2016> [This Article Newly Inserted by Presidential Decree No. 25840, Dec. 9, 2014]
| Article 16 (Standards for Imposition of Administrative Fines) |
[This Article Wholly Amended by Presidential Decree No. 22795, Mar. 30, 2011]
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on March 22, 2009.
Article 2 Omitted.
Article 3 (Relationship to Other Acts)
Where any other statute cites the Enforcement Decree of the Employment Promotion for the Aged Act or any provision thereof as at the time this Decree enters into force, it shall be deemed a citation of this Decree or the relevant provisions of this Decree in lieu of the previous provisions, if there are corresponding provisions in this Decree.
ADDENDUM <Presidential Decree No. 22140, Apr. 29, 2010>
This Decree shall enter into force on May 5, 2010.
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. 22356, Aug. 25, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 1, 2010.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 22795, Mar. 30, 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) | Notwithstanding the amended provisions of attached Table 2, the previous provisions shall apply to the standards for the imposition of administrative fines for violations committed before this Decree enters into force. |
| (2) | No administrative fines imposed for violations committed before this Decree enters into force shall be included in the calculation of the number of violations under the amended provisions of attached Table 2. |
ADDENDA <Presidential Decree No. 25840, Dec. 9, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2015.
Articles 2 through 16 Omitted.
ADDENDA <Presidential Decree No. 26690, Dec. 4, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2016. <Proviso Omitted.>
Articles 2 through 7 Omitted.
ADDENDA <Presidential Decree No. 27751, Dec. 30, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2017. (Proviso Omitted.)
Articles 2 through 12 Omitted.