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ENFORCEMENT DECREE OF THE SPECIAL ACT ON THE PROMOTION OF YOUTH EMPLOYMENT

Presidential Decree No. 21889, Dec. 15, 2009

Amended by Presidential Decree No. 22269, Jul. 12, 2010

Presidential Decree No. 22356, Aug. 25, 2010

Presidential Decree No. 22798, Mar. 30, 2011

Presidential Decree No. 23488, Jan. 6, 2012

Presidential Decree No. 24002, Jul. 31, 2012

Presidential Decree No. 24817, Oct. 30, 2013

Presidential Decree No. 27482, Sep. 5, 2016

Presidential Decree No. 27497, Sep. 13, 2016

Presidential Decree No. 29691, Apr. 16, 2019

Presidential Decree No. 30074, Sep. 10, 2019

Presidential Decree No. 31854, jun. 29, 2021

 Article 1 (Purpose)
The purpose of this Decree is to provide for matters mandated by the Special Act on the Promotion of Youth Employment and matters necessary for enforcing said Act.
 Article 2 (Age of Youth)
"Person who desires to be employed and who has attained the age specified by Presidential Decree" in subparagraph 1 of Article 2 of the Special Act on the Promotion of Youth Employment (hereinafter referred to as the “Act”) means a person not younger than 15 years of age nor older than 29 years of age: Provided, That where a public institution under the Act on the Management of Public Institutions or a local public enterprise under the Local Public Enterprises Act employs an unemployed youth pursuant to Article 5 (1) of the Act, the definition refers to a person not younger than 15 years of age nor older than 34 years of age.
 Article 3 (Formulation of Measures for Promoting Youth Employment)
(1) Pursuant to Article 3 (1) of the Act, the Minister of Employment and Labor shall formulate and implement the measures for promoting youth employment.
(2) Pursuant to Article 3 (1) of the Act, the Special Metropolitan City Mayor and each Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor, and Special Self-Governing Province Governor shall respectively formulate the regional measures for promoting youth employment, in consideration of local conditions, and shall submit the measures to the Minister of Employment and Labor within 30 days after such measures are formulated.
 Article 4 (Formulation of Implementation Plans)
(1) The head of each central administrative agency shall formulate its own implementation plan by January 31 every year to implement the measures formulated pursuant to Article 3 (1) and shall submit the plan to the Minister of Employment and Labor.
(2) The Minister of Employment and Labor shall review the implementation plans formulated pursuant to paragraph (1) and shall periodically monitor the performance of such plans.
 Article 5 (Establishment and Operation of Special Committee on Promotion of Youth Employment)
(1) The Special Committee on Promotion of Youth Employment established pursuant to Article 4 (1) of the Act (hereinafter referred to as the "Special Committee") shall be comprised of not more than 25 members, including one Chairperson.
(2) The Minister of Employment and Labor shall serve as the Chairperson of the Special Committee, and the members shall be commissioned by the Minister of Employment and Labor from among the following persons:
1. Vice Ministers or public officials at the level of Vice Minister in relevant central administrative agencies (in the case of an agency with two or more Vice Ministers or public officials at the level of Vice Minister, referring to the Vice Minister or public official at the level of Vice Minister appointed by the head of such agency);
2. Representatives of business owners' associations;
3. Representatives of educational associations, including school councils;
4. Persons having abundant knowledge and experience in youth employment issues.
(3) In any of the following cases, the Minister of Employment and Labor may dismiss any of the committee members commissioned pursuant to paragraph (2) 2 through 4 from office:
1. Where the member becomes unable to perform his or her duties due to mental or physical disabilities;
2. Where he or she commits irregularities related to his or her duties;
3. If a committee member is deemed incompetent for the office due to neglect of duty, injury to dignity or other grounds;
4. Where he or she personally expresses his or her intent that fulfilling duties is difficult.
(4) The special committee shall hold its meetings when a majority of its incumbent members are present, and adopt resolutions with the concurring vote of a majority of the members present.
(5) Except as provided in paragraphs (1) through (4), matters necessary for the composition and operation of the Special Committee shall be determined by the Minister of Employment and Labor.
 Article 6 (Institutions Required to Increase Employment of Unemployed Youth)
(1) "Public institutions under the Act on the Management of Public Institutions and local public enterprises under the Local Public Enterprises Act, prescribed by Presidential Decree" in the main clause of Article 5 (1) of the Act means the following public institutions and local public enterprises:
1. Public enterprises and quasi-governmental institutions whose prescribed number of personnel is at least 30, among public institutions under the Act on the Management of Public Institutions, and other public institutions;
2. Local government-invested public corporations and local government public corporations whose prescribed number of personnel is at least 30, among local government-invested public corporations and local government public corporations under the Local Public Enterprises Act.
(2) "Where there are grounds prescribed by Presidential Decree" in the proviso of Article 5 (1) of the Act means any of the following cases: <Amended on Sep. 10, 2019>
1. Where the prescribed number of personnel for the pertinent year is reduced by at least 10/100 of the prescribed number for the immediately preceding year;
2. Where an institution or enterprise is designated, installed or established as a public institution under the Act on the Management of Public Institutions or a local public enterprise under the Local Public Enterprises Act in the pertinent year;
3. Where the persons who meet the criteria for professional qualifications, competency, work experience, etc., publicly notified by the Minister of Employment and Labor in consultation with the Minister of Economy and Finance, consist at least 50/100 of all the persons employed for the pertinent year.
(3) The head of each institution or enterprise specified in paragraph (1) shall submit a report on the status of youth employment to the Minister of Strategy and Finance and the Minister of Employment and Labor in the attached Form by January 31 every year.
 Article 7 (Disadvantaged Young Jobseekers)
"Youth having difficulties in employment" in Article 8-4 (1) of the Act (hereinafter referred to as "disadvantaged young jobseekers") means any of the following persons:
1. Unemployed persons whose educational level stopped at a level not higher than graduation from a high school (including persons who dropped out of any school specified in Article 2 of the Higher Education Act but excluding persons still enrolled in a school);
2. Youth eligible for special support under the Youth Welfare Support Act;
3. Youth specified in Article 6 (1) 3 of the Enforcement Decree of the Act on the Development of Vocational Skills of Workers;
4. Persons who have been unemployed for at least six consecutive months;
5. Persons recognized as disadvantaged young jobseekers by the head of an employment security office established pursuant to the Employment Security Act, among unemployed persons who meet all the following criteria:
(a) A person shall not be enrolled in any school specified in the Elementary and Secondary Education Act or the Higher Education Act;
(b) A person shall not attend any vocational skills development training course provided by a vocational skills development training establishment under the Act on the Development of Vocational Skills of Workers;
(c) A person shall not attend any class in an educational institution in order to enter a higher school or to gain employment.
 Article 8 (Projects for Nurturing Global Talents and Cooperative System Therefor)
(1) The head of a central administrative agency implementing a project for nurturing global talents pursuant to Article 12 (1) of the Act (hereinafter referred to as "project for nurturing global talents") shall endeavor to cooperate with institutions involved in projects for nurturing global talents to ensure that the computer networks for the supply and demand of human resources and employment information under Article 12 (1) 1 of the Act are operated appropriately and to promptly provide the institutions operating such computer networks with relevant information, such as plans for projects implemented by the administrative agency for nurturing global talents and public announcements for recruitment.
(2) Pursuant to Article 12 (1) 4 of the Act, the head of a central administrative agency implementing a project for nurturing global talents shall endeavor to provide services for finding a job abroad directly to the persons seeking a job abroad to improve follow-up management of youth participating in projects for nurturing global talents or to provide such services via the Human Resources Development Service of Korea established pursuant to the Human Resources Development Service of Korea Act and other institutions engaging in overseas employment services.
 Article 9 (Expansion of Scope of Persons Eligible for Assistance in Employment)
Where the Government deems necessary for promoting the employment of persons not younger than 30 years of age nor older than 34 years of age, it may provide assistance, etc. to them under Articles 6, 7 (1) through (3), 8-2, 8-3, 8-4 (1) and (2), 10, 11, and 12 (1) and (4).
 Article 10 (Entrustment of Affairs)
(1) The head of a central administrative agency shall, pursuant to Article 17-2 of the Act, entrust any of the following affairs to the relevant public institution provided for in the corresponding subparagraph:
1. Business affairs concerning the development of vocational guidance programs under Article 8-3 (1) of the Act: The Korea Employment Information Service under Article 18 of the Framework Act on Employment Policy;
2. Establishment of a computer network related to projects for nurturing global talents under Article 12 (1) 1 of the Act: The Human Resources Development Service of Korea under the Human Resources Development Service of Korea Act.
(2) Any public institution entrusted with affairs pursuant to paragraph (1) shall report the results of handling the entrusted affairs to the head of the central administrative agency that has entrusted such affairs by the end of February every year.
[This Article Newly Inserted on Jun. 29, 2021]
[Previous Article 10 moved to Article 11 <Jun. 29, 2021>]
 Article 11 (Processing of Personally Identifiable Information)
The Government (including persons entrusted with affairs by the Government pursuant to Article 8-3 (1) of the Act), the head of a public institution under the Act on the Management of Public Institutions, or the head of a local public enterprise under the Local Public Enterprises Act may process the data including resident registration numbers referred to in subparagraph 1 of Article 19 of the Enforcement Decree of the Personal Information Protection Act, if unavoidable to perform the following affairs: <Amended on Jun. 29, 2021>
1. Increasing employment in public institutions for unemployed youth under Article 5 of the Act;
2. Increasing employment of unemployed youth in the public sector related to stabilizing citizens' livelihood under Article 6 of the Act;
3. Subsidizing small and medium enterprises for employing unemployed youth under Article 7 of the Act;
4. Providing youth with work experience opportunities under Article 8-2 of the Act;
5. Developing, operating, and providing vocational guidance programs under Article 8-3 of the Act;
6. Providing employment support services to disadvantaged young jobseekers under Article 8-4 of the Act;
7. Subsidizing enterprises or private vocational training institutions for vocational skills development training under Article 10 of the Act;
8. Subsidizing small and medium enterprises for joint vocational skills development training under Article 11 of the Act;
9. Projects for nurturing global talents and the cooperation system therefor under Article 12 of the Act;
10. Nurturing professional human resources under Article 16-2 of the Act;
11. Providing persons in military service with job opportunities under Article 17 of the Act;
12. Providing assistance, etc. under Article 9.
[Moved from Article 10; previous Article 11 moved to Article 12 <Jun. 29, 2021>]
 Article 12 (Criteria for Imposing Administrative Fines)
The criteria for imposing administrative fines under Article 19 (1) of the Act shall be as specified in the attached Table.
[Moved from Article 11 <Jun. 29, 2021>]
ADDENDA <Presidential Decree No. 29691, Apr. 16, 2019>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Relationship with Other Statutes or Regulations)
A citation of the previous Enforcement Decree of the Special Act on the Promotion of Youth Employment [referring to the one whose effective period has not yet expired under paragraph (2) of the Addenda to the Enforcement Decree on the Special Act on Measures against Youth Unemployment (Presidential Decree No. 18465) (including the amendments made under the partially amended Enforcement Decree on the Special Act on Measures against Youth Unemployment (Presidential Decree No. 21889) and the partially amended Enforcement Decree on the Special Act on Measures against Youth Unemployment (Presidential Decree No. 24817)] or provisions thereof by other statutes or regulations as at the time this Decree enters into force shall be deemed a citation of this Decree or corresponding provisions thereof in lieu of the previous provisions, if such corresponding provisions exist therein.
ADDENDUM <Presidential Decree No. 30074, Sep. 10, 2019>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 31854, Jun. 29, 2021>
This Decree shall enter into force on July 6, 2021.