The purpose of this Act is to contribute to the balanced growth of the national economy by preparing effective measures to assist enterprises engaged in manufacturing or services that sustain or are likely to sustain any loss or damage and their employees due to rapid changes in trade environment or in the course of implementing free trade agreements entered into by the Government. <Amended on Oct. 19, 2021>
[This Article Wholly Amended on Dec. 21, 2007]
The terms used in this Act are defined as follows: <Amended on Oct. 19, 2021>
| 1. | The term "free trade agreement" means an international agreement that the Republic of Korea has entered into with any other country or a regional trade bloc on the liberalization of trade, which includes matters concerning the reduction or removal of tariffs on commodities, services, etc. and the expansion, etc. of market accessibility; |
| 2. | The term "trade adjustment" means activities required for minimizing or overcoming any loss or damage that enterprises engaging in manufacturing or providing services prescribed by Presidential Decree, (hereinafter referred to as "type of business eligible for assistance in trade adjustment") or their employees sustain or are likely to sustain any loss or damage in the course of implementing free trade agreements. |
| 3. | The term "response to trade damage" means activities required to minimize or mitigate damage (hereinafter referred to as "trade damage") already caused or likely to be caused to an enterprise that engages in any type of business eligible for assistance in trade adjustment, or employees of such enterprise due to rapid changes, etc. in trade environment, such as an collapse of international supply chain. |
[This Article Wholly Amended on Dec. 21, 2007]
| Article 3 (Basic Principles for Assistance) |
The Government shall lend assistance necessary for efficient trade adjustment and responses to trade damage pursuant to this Act to the extent permitted under the Marrakesh Agreement Establishing the World Trade Organization. <Amended on Oct. 19, 2021>
[This Article Wholly Amended on Dec. 21, 2007]
| Article 4 (Formulation of Comprehensive Measures for Assistance in Trade Adjustment) |
| (1) | The Minister of Trade, Industry and Energy and the Minister of Employment and Labor shall jointly formulate a comprehensive measure to effectively assist in trade adjustment (hereinafter referred to as "comprehensive measure") to effectively support trade adjustment. <Amended on Feb. 29, 2008; Jun. 4, 2010; Mar. 23, 2013> |
| (2) | The comprehensive measures shall contain the following: |
| 1. | Measures for assisting in trade adjustment; |
| 2. | Improvement of systems pertaining to trade adjustment; |
| 3. | Other matters necessary for efficiently promoting assistance in trade adjustment. |
| (3) | Deleted. <Jan. 6, 2016> |
| (4) | The Minister of Trade, Industry and Energy and the Minister of Employment and Labor may conduct a fact-finding survey on trade loss or damage and trade adjustment (hereafter in this Article referred to as "fact-finding survey"), if necessary for formulating a comprehensive measure. <Amended on Feb. 29, 2008; Jun. 4, 2010; Mar. 23, 2013; Oct. 19, 2021> |
| (5) | The methods for formulating the comprehensive plan, the timing for and methods for actual status surveys, and other necessary matters shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Dec. 21, 2007]
| Article 5 (Surveys and Research) |
The Minister of Trade, Industry and Energy and the Minister of Employment and Labor may perform projects, such as surveys and research necessary for formulating policies and improving systems for assistance in trade adjustment and response to trade damage. <Amended on Feb. 29, 2008; Jun. 4, 2010; Mar. 23, 2013; Oct. 19, 2021>
[This Article Wholly Amended on Dec. 21, 2007]
[Title Amended on Oct. 19, 2021]
| Article 5-2 (Assistance in Counseling for Stabilizing Management and Securing Competitiveness) |
| (1) | Where any enterprise that has engaged in a type of business eligible for assistance in trade adjustment for at least the period prescribed by Presidential Decree meets all of the following requirements, the Minister of Trade, Industry and Energy may provide the enterprise with assistance concerning consultation on business management, accounting, legal affairs, technology, production, etc. necessary for trade adjustment: <Amended on Mar. 23, 2013> |
| 1. | Where an enterprise meets either of the following requirements during the period of at least six months prescribed by Presidential Decree: |
| (a) | The overall sales or production of an enterprise is decreased or deemed definitely decreased by at least a rate prescribed by Presidential Decree; |
| (b) | Any trade loss or damage sustained by an enterprise, in comprehensive consideration of the operating income, the number of employees, the rate of production, the inventory, and other relevant facts of the enterprise, falls or is deemed to definitely fall under item (a); |
| 2. | An increase in importation of the same kind of commodity or service as any commodity or service produced or provided by the enterprise or an increase in importation (limited to importation from the other signatory nation to a free trade agreement) of any commodity or service in direct competition with any commodity or service produced or provided by the enterprise is the main cause of loss or damage prescribed in subparagraph 1. |
| (2) | Methods and procedures for assistance pursuant to paragraph (1) and other necessary matters shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Jan. 17, 2012]
| Article 6 (Designation of Enterprises Eligible for Assistance in Trade Adjustment) |
| (1) | Where any enterprise that has engaged in a type of business eligible for assistance in trade adjustment for at least a period prescribed by Presidential Decree has sustained any trade loss or damage, it may file an application with the Minister of Trade, Industry and Energy for designation as an enterprise eligible for assistance in trade adjustment pursuant to Articles 7 through 10 (hereinafter referred to as "enterprise eligible for assistance in trade adjustment"). <Amended on Feb. 29, 2008; Jan. 17, 2012; Mar. 23, 2013> |
| (2) | Upon receipt of an application under paragraph (1), the Minister of Trade, Industry and Energy may designate an applicant as an enterprise eligible for assistance in trade adjustment, if the applicant meets all of the following requirements: <Amended on Feb. 29, 2008; Apr. 22, 2009; Jan. 17, 2012; Mar. 23, 2013; Jan. 6, 2016> |
| 1. | The enterprise has sustained or will definitely sustain serious loss or damage (the loss or damage sustained shall amount to a decrease in overall sales or production by at least the rate prescribed by Presidential Decree within the range of 5/100 to 10/100 during the period prescribed by Presidential Decree, which shall be at least six months, or a decrease in overall sales or production by at least the rate prescribed by Presidential Decree within the range of 5/100 to 10/100, in comprehensive consideration of the operating income, the number of employees, the rate of production, the inventory, and other relevant facts of the enterprise); |
| 2. | An increase in importation of the same kind of commodity or service as any commodity or service produced or provided by the enterprise or an increase in importation (limited to importation from the other signatory nation to a free trade agreement) of any commodity or service in direct competition with any commodity or service produced or provided by the enterprise is the main cause of loss or damage prescribed in subparagraph 1; |
| 3. | Deleted. <Jan. 6, 2016> |
| (3) | Deleted. <Jan. 6, 2016> |
| (4) | If deemed necessary for checking the requirements referred to in the subparagraphs of paragraph (2), the Minister of Trade, Industry and Energy may request any relevant administrative agency, enterprise, etc. to provide relevant data or provide necessary cooperation. In such cases, the head of a relevant administrative agency in receipt of such request shall comply therewith, except in extenuating circumstances. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jan. 6, 2016> |
| (5) | The Minister of Trade, Industry and Energy shall, in cases of designating enterprises eligible for assistance in trade adjustment, without delay, notify the Minister of Employment and Labor of the fact. <Newly Inserted on Jan. 6, 2016> |
| (6) | Procedures for filing applications for designation prescribed in paragraph (1), procedures for designation prescribed in paragraph (2), the criteria for serious loss or damage prescribed in paragraph (2) 1, the scope of the same kind of imported commodities and services or the imported commodities and services in direct competition prescribed in paragraph (2) 2, requests for cooperation prescribed in paragraph (4), and other necessary matters shall be prescribed by Presidential Decree. <Amended on Apr. 22, 2009; Jan. 6, 2016> |
[This Article Wholly Amended on Dec. 21, 2007]
| Article 7 (Provision of Information Necessary for Trade Adjustment) |
| (1) | The Minister of Trade, Industry and Energy shall provide enterprises eligible for assistance in trade adjustment with information about finances, human resources, technology, markets, conditions of a location, etc. necessary for trade adjustment. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (2) | The Minister of Trade, Industry and Energy shall formulate policies necessary for providing information pursuant to paragraph (1). <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (3) | The Minister of Trade, Industry and Energy may request the head of any relevant central administrative agency, local government, or public institution prescribed in the Act on the Management of Public Institutions (hereinafter referred to as "competent administrative agency") to submit data necessary for providing information pursuant to paragraph (1). <Amended on Feb. 29, 2008; Mar. 23, 2013> |
[This Article Wholly Amended on Dec. 21, 2007]
| Article 8 (Assistance by Counseling Necessary for Formulating or Implementing Trade Adjustment Plans) |
| (1) | The Minister of Trade, Industry and Energy may provide enterprises eligible for assistance in trade adjustment with assistance concerning counseling on the business management, accounting, legal affairs, technology, production, and other matters necessary for formulating or implementing the trade adjustment plan (hereinafter referred to as the “trade adjustment plan”), including the enterprise’s conversion of business. |
| (2) | Matters necessary for the methods and procedures for the assistance prescribed in paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Jan. 6, 2016]
| Article 9 (Loan Support for Stabilizing Management during Short Term and Securing Competitiveness) |
| (1) | The Government may loan money to enterprises eligible for assistance in trade adjustment out of the Fund for the Establishment and Promotion of Small and Medium Enterprises and Startups under Article 63 of the Small and Medium Enterprises Promotion Act to cover the following funds necessary for implementing the trade adjustment plan, including business conversion: <Amended on Dec. 31, 2018> |
| 1. | A fund for purchasing raw materials and subsidiary materials required for operating and maintaining production facilities; |
| 2. | A fund required for technological development, investment in facilities, securing industrial sites, and training of human resources; |
| 3. | Any other fund prescribed by Presidential Decree, necessary for stabilizing business during a short term or securing competitiveness. |
| (2) | Enterprises eligible for assistance in trade adjustment shall, in cases of receiving the loan support given under paragraph (1), submit the trade adjustment plan along with an application for loans to the Minister of Trade, Industry and Energy. |
| (3) | The Minister of Trade, Industry and Energy shall, in cases where matters related to the employees are included in the trade adjustment plan submitted by an enterprise eligible for assistance in trade adjustment prescribed in paragraph (2), notify the Minister of Employment and Labor of the fact. |
| (4) | The Minister of Trade, Industry and Energy shall, after reviewing whether the trade adjustment plan submitted by an enterprise eligible for assistance in trade adjustment under paragraph (2) is appropriate or not for ensuring the competitiveness of the enterprises, determine whether to provide loans or not. |
| (5) | The Minister of Trade, Industry and Energy may, in cases where an enterprise eligible for assistance in trade adjustment which has received the loan support fails to execute the trade adjustment plan for the period prescribed by Presidential Decree within six months after the loan was provided, discontinue the loan support. |
| (6) | The criteria, eligibility, scale, methods, and procedures for loans under paragraph (1) and other necessary matters shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Jan. 6, 2016]
| Article 9-2 Deleted. <Jan. 17, 2012> |
| Article 10 (Investment in Institutional Private Collective Vehicles for Corporate Restructuring) |
| (1) | The Government may, in cases where an institutional private collective vehicle for corporate restructuring under Article 20 of the Industrial Development Act intends to invest in an enterprise eligible for assistance in trade adjustment, invest funds at the rate of not more than 50/100 of the investment money of the institutional private collective vehicle for corporate restructuring, as prescribed by Presidential Decree. <Amended on Jan. 6, 2016; Apr. 20, 2021> |
| (2) | The methods and procedures for making an investment prescribed in paragraph (1) and other necessary matters shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Dec. 21, 2007]
[Title Amended on Jan. 6, 2016; Apr. 20, 2021]
| Article 11 (Designation of Employees Eligible for Assistance in Trade Adjustment) |
| (1) | The representative of employees or the owner of an enterprise who engages in a type of business eligible for assistance in trade adjustment and has sustained any loss or damage may file an application with the Minister of Employment and Labor for designation of any employee who meets the requirements specified in paragraph (2) as an employee eligible for assistance in trade adjustment pursuant to Articles 12 and 13 (hereinafter referred to as “employee eligible for assistance in trade adjustment”). <Amended on Jun. 4, 2010> |
| (2) | If an employee meets each of the following requirements, the Minister of Employment and Labor may designate him or her as an employee eligible for assistance in trade adjustment either ex officio or upon receiving an application filed under paragraph (1): <Amended on Jun. 4, 2010; Jan. 6, 2016> |
| 1. | He or she has lost, or is highly likely to lose, his or her job, or his or her working hours have been or are highly likely to be shortened by at least hours prescribed by Presidential Decree; |
| 2. | He or she (including a person who has lost his or her job) has worked for any of the following enterprises: |
| (a) | Deleted; <Jan. 6, 2016> |
| (b) | An enterprise that supplies goods to an enterprise eligible for assistance in trade adjustment; |
| (c) | An enterprise that has relocated overseas its production facilities for the same kind of commodity as any imported commodity or for any commodity in direct competition with any imported commodity due to an increase in such imported commodity following the implementation of a free trade agreement; |
| (d) | An enterprise that meets both requirements prescribed in Article 6 (2) 1 and 2, but fails to obtain designation as an enterprise eligible for assistance in trade adjustment because it has not filed an application for designation as an enterprise eligible for assistance in trade adjustment. |
| (3) | In cases of being designated as an enterprise eligible for assistance in trade adjustment under Article 6, affiliated employees (including employees who have lost their jobs within two years prior to the date of application for designation as an enterprise eligible for assistance in trade adjustment) shall be deemed to have been designated as employees eligible for assistance in trade adjustment pursuant to paragraph (2). <Newly Inserted on Jan. 6, 2016> |
| (4) | Qualifications for applicants prescribed in paragraphs (1) and (2), the methods and procedures for filing an application and designation, the scope of enterprises that supply goods to an enterprise eligible for assistance in trade adjustment, and other relevant matters shall be prescribed by Presidential Decree. <Amended on Jan. 6, 2016> |
[This Article Wholly Amended on Dec. 21, 2007]
| Article 12 (Provision of Information Necessary for Change of Occupation) |
| (1) | The Minister of Employment and Labor shall provide employees eligible for assistance in trade adjustment with information necessary for change of occupation or re-employment, such as information about industrial trends, demand for human resources, vocational training, and business startup, and shall also provide them with opportunities to have counseling necessary for change of occupation or re-employment. <Amended on Jun. 4, 2010> |
| (2) | The Minister of Employment and Labor shall formulate policies necessary for providing information and counseling pursuant to paragraph (1). <Amended on Jun. 4, 2010> |
| (3) | The Minister of Employment and Labor may request the head of any relevant administrative agency to provide data pertaining to change of occupation and re-employment. <Amended on Jun. 4, 2010> |
[This Article Wholly Amended on Dec. 21, 2007]
| Article 13 (Supporting Measures for Change of Occupation) |
| (1) | The Minister of Employment and Labor may utilize various supporting measures prescribed in the Framework Act on Employment Policy or the Employment Insurance Act to help employees eligible for assistance in trade adjustment quickly change their occupations or get re-employed. <Amended on Jun. 4, 2010> |
| (2) | The Minister of Employment and Labor may provide loans, within budgetary limits, to any person who conducts activities to help employees eligible for assistance in trade adjustment quickly change their occupations or get re-employed to cover expenses incurred therein. <Amended on Jun. 4, 2010> |
[This Article Wholly Amended on Dec. 21, 2007]
| Article 13-2 (Special Cases concerning Support for One-Person Business Operator) |
The Minister of Employment and Labor may provide assistance prescribed in Articles 12 and 13 to any one-person business operator (referring to a business operator defined in subparagraph 1 of Article 3 of the Value-Added Tax Act who engages alone in a type of business eligible for assistance in trade adjustment without hiring any full time employee) who has sustained any trade loss or damage and thereby closed his or her business. <Amended on Jan. 6, 2016> [This Article Newly Inserted on Jan. 17, 2012]
| Article 14 (Designation of Enterprises Eligible for Assistance for Trade Damage) |
| (1) | The Minister of Trade, Industry and Energy may designate an enterprise which needs assistance upon receipt of an application from the relevant enterprise (hereinafter referred to as "enterprises eligible for assistance for trade damage"), in order to effectively assist it in responding to trade damage. |
| (2) | When the Minister of Trade, Industry and Energy intends to designate an enterprise eligible for assistance for trade damage pursuant to paragraph (1), he or she shall have a prior consultation with the head of a relevant central administrative agency on necessary matters, etc. through procedures prescribed by Presidential Decree, and make a public announcement of eligible enterprises and the details and period of assistance, methods of applying for designation, etc. in the Official Gazette and post them on the Ministry's website. |
| (3) | An enterprise which intends to be designated as an enterprise eligible for assistance for trade damage under paragraphs (1) and (2) shall meet all the following requirements: |
| 1. | The enterprise shall have suffered or is likely to suffer any of the following trade damage: |
| (a) | Where the overall sales or production has decreased year over year by at least 5/100 for a period of at least six months; |
| (b) | Where damage, comprehensively taking into account the operating income, number of employees, operating rate, inventory, etc., has been reduced year over year by at least 5/100 of the total sales or production for a period of at least six months; |
| 2. | The primary cause of the trade damage referred to in subparagraph 1 shall be any of the following: |
| (a) | Sharp declines in trade due to the global economic and financial crisis; |
| (b) | Sharp declines in trade due to the world-wide or regional collapse of the supply network; |
| (c) | Significant deterioration in trade environment following trade restrictions, etc. imposed by the other country; |
| (d) | Sharp declines in trade due to restrictions on movement of human and physical resources due to disputes between countries, closure of the national border, etc.; |
| (e) | Other drastic changes in trade and commercial environment, which cause significant damage to corporate sales and employment. |
| (4) | Notwithstanding paragraph (3), the Minister of Trade, Industry and Energy may adjust the period for calculating damage, and the rate of reduction in sales and production volume among the requirements under subparagraph 1 of that paragraph, as prescribed by Presidential Decree, if necessary, considering the severity, etc. of trade damage. In such cases, matters adjusted shall be publicly announced in the Official Gazette and posted on the relevant website. |
| (5) | If deemed necessary for confirming the requirements referred to in paragraphs (3) and (4), the Minister of Trade, Industry and Energy may request a relevant administrative agency, enterprise, etc. to provide relevant data or other necessary cooperation. In such cases, the head of a relevant administrative agency upon receipt of such request shall comply therewith, unless there is a compelling reason not to do so. |
| (6) | Where the Minister of Trade, Industry and Energy designates enterprises eligible for assistance for trade damage, he or she shall without delay notify the Minister of Employment and Labor of such fact. |
| (7) | Articles 5-2 (excluding paragraph (1) 2 of that Article) and 7 through 10 shall apply mutatis mutandis to assistance for enterprises eligible for assistance for trade damage. In such cases, "trade adjustment" shall be construed as "response to trade damage"; "trade loss or damage" as "trade damage"; "enterprise eligible for assistance in trade adjustment" as "enterprise eligible for assistance for trade damage"; "trade adjustment plan" as "plan for response to trade damage"; and "trade adjustment plan" as "plan for response to trade damage. |
| (8) | Where the Minister of Trade, Industry and Energy deems that any additional support is necessary in addition to the assistance under paragraph (7) to minimize or overcome trade damage, he or she may request a relevant administrative agency to take necessary measures, as prescribed by Presidential Decree. In such cases, the head of the relevant administrative agency shall, upon receipt of such request, comply therewith unless there is a compelling reason not to do so. |
| (9) | Except as provided in paragraphs (1) through (8), matters necessary for designating and assisting enterprises eligible for assistance for trade damage shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Oct. 19, 2021]
| Article 15 (Designation of Employees Eligible for Assistance for Trade Damage) |
| (1) | Where an employee of an enterprise that has engaged in a type of business eligible for assistance in trade adjustment, who suffers trade damage meets all of the following requirements, the Minister of Employment and Labor may designate an employee who receives assistance for trade damage under paragraph (3) as one eligible for assistance for trade damage under paragraph (3) (hereinafter referred to as "employee eligible for assistance for trade damage") at the request of the representative of the enterprise or the employer or ex officio: |
| 1. | Where he or she has lost, or is highly likely to lose, his or her job, or where his or her working hours have been or are highly likely to be shortened by at least hours prescribed by Presidential Decree; |
| 2. | Where he or she (including a person who has lost his or her job) has worked for any of the following enterprises: |
| (a) | An enterprise that supplies goods to enterprises eligible for assistance for trade damage; |
| (b) | An enterprise that fails to obtain designation as an enterprise eligible for assistance for trade damage because it has failed to apply for such designation despite meeting the requirements prescribed in Article 14 (3) and (4); |
| (2) | An employee of an enterprise designated as an enterprise eligible for assistance for trade damage under Article 14 (including persons who have lost their jobs after the date of application for designation as an enterprise eligible for assistance for trade damage) shall be deemed designated as an employee eligible for assistance for trade damage under paragraph (1). |
| (3) | Articles 12, 13, and 13-2 shall apply mutatis mutandis to assistance to an employee eligible for assistance for trade damage (including an employee deemed designated as one eligible for assistance for trade damage under paragraph (2)), a person who conducts business related to the swift change of occupation or reemployment of an employee eligible for assistance for trade damage, and a business owner who has closed down due to trade damage. In such cases, "trade loss or damage" shall be construed as "trade damage", and "employee eligible for assistance in trade adjustment" as "employee eligible for assistance for trade damage." |
| (4) | Except as provided in paragraphs (1) through (3), matters necessary for designating and assisting employees eligible for assistance for trade damage shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Oct. 19, 2021]
| Article 16 (Establishment of Trade Adjustment Support Center) |
| (1) | The Minister of Trade, Industry and Energy shall establish a trade adjustment support center in the Korea SMEs and Startups Agency under Article 68 (1) of the Small and Medium Enterprises Promotion Act to comprehensively conduct the following affairs related to assistance in trade adjustment: <Amended on Feb. 29, 2008; May 21, 2009; Jan. 17, 2012; Mar. 23, 2013; Dec. 31, 2018> |
| 1. | Counseling, guidance, public relations and surveys relating to assistance in trade adjustment; |
| 2. | Assisting an enterprise that has sustained any trade loss or damage in preparing documents necessary for filing an application for designation as an enterprise eligible for assistance in trade adjustment pursuant to Article 6 (1), and filing such application on its behalf; |
| 3. | Other supporting activities for enterprises eligible for assistance in trade adjustment. |
| (2) | The organization, operation, and supervision of the trade adjustment support center prescribed in paragraph (1) and other necessary matters shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Dec. 21, 2007]
| Article 16-2 (Designation of Dedicated Institution) |
| (1) | The Minister of Trade, Industry and Energy or the Minister of Employment and Labor may designate an institution dedicated to providing assistance to enterprises eligible for assistance for trade damage or employees eligible for assistance for trade damage under Article 14 or 15 to efficiently provide such assistance. |
| (2) | Matters necessary for the designation and revocation of designation of a dedicated institution under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Oct. 19, 2021]
| Article 17 (Revocation of Designation) |
| (1) | Where an enterprise eligible for assistance in trade adjustment or an enterprise eligible for assistance for trade damage falls under any of the following subparagraphs, the Minister of Trade, Industry and Energy may revoke the designation under Article 6 or 14 or suspend the assistance under Articles 7 through 10 (including cases applied mutatis mutandis in Article 14 (7)): Provided, That in cases falling under subparagraph 1 or 2, the designation shall be revoked. <Amended on Feb. 29, 2008; Jan. 17, 2012; Mar. 23, 2013; Jan. 6, 2016; Oct. 19, 2021> |
| 1. | If the enterprise obtains designation as an enterprise eligible for assistance in trade adjustment or enterprise eligible for assistance for trade damage by fraud or other improper means; |
| 2. | If the enterprise no longer meets the requirements prescribed in Article 6 (2) or 14 (3) or (4); |
| 3. | Deleted; <Jan. 6, 2016> |
| 4. | If the enterprise fails to run its business at least for a period prescribed by Presidential Decree, which shall not exceed six months; |
| 5. | If the enterprise fails to submit a report prescribed in Article 19 (2) without good cause. |
| (2) | Where an employee eligible for assistance in trade adjustment or an employee eligible for assistance for trade damage falls under any of the following, the Minister of Employment and Labor shall revoke the designation: <Amended on Jun. 4, 2010; Oct. 19, 2021> |
| 1. | If he or she obtains designation as an employee eligible for assistance in trade adjustment or an employee eligible for assistance for trade damage by fraud or other improper means; |
| 2. | If he or she no longer meets the requirements prescribed in Article 11 (2) or 15 (1). |
[This Article Wholly Amended on Dec. 21, 2007]
| Article 18 (Recovery of Subsidies) |
| (1) | The Minister of Trade, Industry and Energy and the Minister of Employment and Labor may order any person who has obtained any subsidy prescribed in this Act by deceit or any other unlawful means to return all or some of the subsidy already provided and may also additionally collect an amount not exceeding the amount of subsidy obtained by fraud or other improper means in accordance with guidelines prescribed by Presidential Decree. <Amended on Feb. 29, 2008; Jun. 4, 2010; Mar. 23, 2013> |
| (2) | If any person in receipt of an order to return a subsidy or to make an additional payment pursuant to paragraph (1) fails to return the subsidy or make the additional payment within a given period, such subsidy or payment shall be collected in the same manner as delinquent national taxes are collected. |
[This Article Wholly Amended on Dec. 21, 2007]
| (1) | Deleted. <Jan. 6, 2016> |
| (2) | Where necessary for implementing policies regarding assistance in trade adjustment or response to trade damage, the Minister of Trade, Industry and Energy may require an enterprise eligible for assistance in trade adjustment, an enterprise eligible for assistance for trade damage, and an institutional private collective vehicle for corporate restructuring under Article 10 (1) to report matters concerning its business. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jan. 6, 2016; Apr. 20, 2021; Oct. 19, 2021> |
| (3) | The Minister of Employment and Labor may require any person who conducts his or her business of helping employees eligible for assistance in trade adjustment or employees eligible for assistance for trade damage to swiftly change their occupations or get re-employed financed by loans under Article 13 (2) (including cases applied mutatis mutandis in Article 15 (3)) to report matters concerning said business. <Amended on Jun. 4, 2010; Oct. 19, 2021> |
| (4) | Matters necessary for filing a report under paragraphs (2) and (3) shall be prescribed by Presidential Decree. <Amended on Jan. 6, 2016> |
[This Article Wholly Amended on Dec. 21, 2007]
| Article 20 (Entry and Inspection) |
| (1) | If necessary for verifying the implementation status of a trade adjustment plan or a plan for response to trade damage, the Minister of Trade, Industry and Energy may have public officials under his or her jurisdiction enter an office, a business premise, a place of business, a factory, a warehouse, or any other necessary place owned by an enterprise eligible for assistance in trade adjustment or enterprise eligible for assistance for trade damage and inspect documents, account books, and other articles related to trade adjustment or make inquiries to relevant persons. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 19, 2021> |
| (2) | The Minister of Employment and Labor may, if necessary, have public officials under his or her jurisdiction enter the office of any person who has obtained loans referred to in Article 13 (2) (including cases applied mutatis mutandis in Article 15 (3)) and inspect documents, account books, and other articles related to such loans or make inquiries to relevant persons. <Amended on Jun. 4, 2010; Oct. 19, 2021> |
| (3) | Whenever any public official intends to enter a place to conduct an inspection pursuant to paragraphs (1) and (2), he or she shall inform the person subject to inspection of an inspection plan containing the date of and timing for inspection, grounds for inspection, and the details of inspection by no later than seven days before the scheduled date of inspection: Provided, That the foregoing sentence shall not apply if it is impracticable to achieve the objectives of such inspection where prior notice is given or urgent circumstances are deemed exist. |
| (4) | Any public official who enters a place to conduct an inspection or make inquiries pursuant to paragraph (1) shall produce an identification card indicating his or her authority to relevant persons and shall present a document stating his or her name, the timing for and purpose of entrance, inspection, and inquiry, and other relevant matters. |
[This Article Wholly Amended on Dec. 21, 2007]
Where the Minister of Trade, Industry and Energy or the Minister of Employment and Labor intends to revoke the designation of an enterprise eligible for assistance in trade adjustment, an enterprise eligible for assistance for trade damage, an employee eligible for assistance in trade adjustment, or an employee eligible for assistance for trade damage pursuant to Article 17, he or she shall hold a hearing. <Amended on Feb. 29, 2008; Jun. 4, 2010; Mar. 23, 2013; Oct. 19, 2021> [This Article Wholly Amended on Dec. 21, 2007]
| Article 22 (Delegation of Authority) |
| (1) | Part of the authority of the Minister of Oceans and Fisheries pursuant to this Act may be delegated to the heads of agencies under his or her jurisdiction, the Special Metropolitan City Mayor, the Metropolitan City Mayor, the Special Self-Governing City Mayor, Do Governor, or the Special Self-Governing Province Governor, as prescribed by Presidential Decree. <Amended on Feb. 29, 2008; Mar. 23, 2013; Aug. 13, 2013; Jan. 6, 2016> |
| (2) | Part of the authority of the Minister of Employment and Labor under this Act may be delegated to the head of a regional employment and labor office, as prescribed by Presidential Decree. <Amended on Jun. 4, 2010> |
[This Article Wholly Amended on Dec. 21, 2007]
| Article 23 (Entrustment of Affairs) |
| (1) | Some of the affairs of the Minister of Trade, Industry and Energy under this Act may be entrusted to the following persons, as prescribed by Presidential Decree: <Amended on Feb. 29, 2008; May 21, 2009; Mar. 23, 2013; Dec. 31, 2018> |
| 1. | The head of any other administrative agency; |
| 4. | Any other industry-related institution or organization prescribed by Presidential Decree. |
| (2) | Some of affairs under the jurisdiction of the Minister of Employment and Labor pursuant to this Act may be entrusted to the following persons, as prescribed by Presidential Decree: <Amended on Jun. 4, 2010> |
| 3. | Any other labor-related institution or organization prescribed by Presidential Decree. |
[This Article Wholly Amended on Dec. 21, 2007]
| Article 24 (Administrative Fines) |
| (1) | Any of the following persons shall be subject to an administrative fine not exceeding three million won: |
| 1. | A person who fails to submit a report pursuant to Article 19 or submits a false report; |
| 2. | A person who refuses, hinders, or avoids an inspection under article 92 (2). |
| (3) | Administrative fines under paragraph (1) shall be imposed and collected by the Minister of Trade, Industry and Energy or the Minister of Employment and Labor, as prescribed by Presidential Decree. <Amended on Feb. 29, 2008; Jun. 4, 2010; Mar. 23, 2013> |
| (3) | Deleted. <Apr. 22, 2009> |
| (4) | Deleted. <Apr. 22, 2009> |
| (5) | Deleted. <Apr. 22, 2009> |
[This Article Wholly Amended on Dec. 21, 2007]
ADDENDUM <Act No. 7947, Apr. 28, 2006>
This Act shall enter into force one year after the date of its promulgation.
ADDENDA <Act No. 8361, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 10 Omitted.
ADDENDA <Act No. 8771, Dec. 21, 2007>
| (1) | (Enforcement Date) This Act shall enter into force six months after the date of its promulgation. |
| (2) | (Relationship to other Acts and Subordinate Statutes) A citation of the former Act on Trade Adjustment Assistance to the Manufacturing Industry, etc. or a provision thereof by any other Act or subordinate statute at the time this Act enters into force shall be deemed a citation of this Act or the corresponding provision hereof in lieu of the former provision, if such a corresponding provision exists herein. |
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 9584, Apr. 1, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force on May 8, 2009.
Articles 2 through 6 Omitted.
ADDENDUM <Act No. 9631, Apr. 22, 2009>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 9685, May 21, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 8 Omitted.
ADDENDA <Act No. 10339, Jun. 4, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force one month after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Act No. 11176, Jan. 17, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 (Transitional Measures concerning Assistance by Counseling before Designation of Enterprises Eligible for Assistance in Trade Adjustment)
The former provisions shall apply to any enterprise which applied for assistance by counseling before being designated as an enterprise eligible for assistance in trade adjustment pursuant to the former Article 9-2 as at the time this Act enters into force. Articles 3 (Transitional Measures concerning Members, etc. of Supporting Committee for Trade Adjustment)
Any member of the supporting committee for trade adjustment who was appointed by the Minister of Strategy and Finance pursuant to the former Article 14 (3) 2 as at the time this Act enters into force shall be deemed appointed by the Minister of Knowledge and Economy pursuant to the amended provisions of Article 14 (3) 2.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force on the date of its promulgation. |
Articles 2 through 7 Omitted.
ADDENDA <Act No. 13448, Jul. 24, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 20 Omitted.
ADDENDA <Act No. 13740, Jan. 6, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Designation of Employees Eligible for Assistance in Trade Adjustment, etc.)
The amended provisions of Article 11 (3) shall apply, beginning with the designation as an enterprise eligible for assistance in trade adjustment after this Act enters into force. Article 3 (Applicability to Revocation, etc. of Designation)
The amended provisions of Article 17 (1) 5 shall also apply to revocation, etc. of designation after the enforcement of this Act, due to an offense committed before this Act enters into force. Article 4 (Transitional Measures concerning Loan Support for Stabilizing Management during Short Term and Ensuring Competitiveness)
Notwithstanding the amended provisions of Article 9, the previous provisions shall apply to the enterprise that has filed the application to receive loans from the small and medium enterprise establishment and the promotion fund prescribed in Article 63 of the Small and Medium Enterprises Promotion Act in accordance with the previous Article 8 as at the time when this Act enters into force. Article 5 (Transitional Measures concerning Designation, etc. of Employees Eligible for Assistance in Trade Adjustment)
Notwithstanding the amended provisions of Article 11 (2) 2 (a), the previous provisions shall apply to designation of an enterprise eligible for assistance in trade adjustment pursuant to Article 6 (1) as at the time this Act enters in to force. Article 6 (Transitional Measures concerning Revocation, etc. of Designation)
Notwithstanding the amended provisions of Article 17 (1) 3, the previous provisions shall apply to an enterprise eligible for assistance in trade adjustment which falls under the previous provision of Article 17 (1) 3 as at the time this Act enters into force. Article 7 Omitted.
ADDENDA <Act No. 16172, Dec. 31, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Act No. 18128, Apr. 20, 2021>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 10 Omitted.
ADDENDA <Act No. 18503, Oct. 19, 2021>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 Omitted.