CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to contribute to promoting the health and welfare of senior citizens by supporting them to lead active and productive lives in their old age through engagement in jobs and social activities.
The terms used in this Act are defined as follows:
| 1. | The term "senior citizens' employment" means financially supported employment opportunities tailored to the abilities and aptitudes of senior citizens that can create socially useful values, and which can have the effects of promoting health and social engagement, and boosting income; |
| 2. | The term "senior citizens' social activities" means volunteer activities conducted by senior citizens to improve their sense of self-worth and achievement and to promote the public interests in their local community; |
| 3. | The term "senior citizens' employment and social activities" means employment for, and social activities of, senior citizens; |
| 4. | The term "support for senior citizens' employment and social activities" means efforts to promote the income, health, and welfare of senior citizens by providing them with opportunities for employment and social activities; |
| 5. | The term "those eligible for support for senior citizens' employment and social activities" (hereinafter referred to as "senior citizens") means a person who meets the age and other requirements prescribed by Presidential Decree. |
| Article 3 (Responsibilities of the State and local governments) |
The State and local governments shall formulate necessary policy measures, such as developing and expanding opportunities for senior citizens to work and engage in social activities and creating a social environment that enables senior citizens to utilize their expertise and experience, so that they can lead a healthy and active lives in their later years.
| Article 4 (Relationship to other statutes) |
| (2) | In addition to Articles 29 through 31, the Subsidy Management Act and the Act on Local Government Subsidy Management shall apply to the management of subsidies, such as the return, recovery, or restrictions on the payment, of subsidies, and exclusion from support programs. |
| Article 5 (Formulation of master plans) |
| (1) | The Minister of Health and Welfare shall formulate a master plan for supporting senior citizen's employment and social activities (hereinafter referred to as "master plan") every 5 years in consultation with the heads of relevant central administrative agencies. |
| (2) | The master plan shall include the following: |
| 1. | The basic direction of support for senior citizen's employment and social activities; |
| 2. | The current status and actual conditions of senior citizens' employment and social activities; |
| 3. | Establishment of a foundation to promote senior citizens' employment and social activities; |
| 4. | Development and expansion of senior citizens' employment and social activities; |
| 5. | Education and training related to senior citizens' employment and social activities; |
| 6. | Other matters necessary for support for senior citizens' employment and social activities. |
| (3) | If necessary to formulate a master plan, the Minister of Health and Welfare may seek advice from relevant experts. |
| (4) | If the Minister of Health and Welfare formulates a master plan, he or she shall, without delay, submit such plan to the competent Standing Committee of the National Assembly. |
| Article 6 (Annual implementation plans) |
| (1) | The Minister of Health and Welfare, the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, and a Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor") shall each formulate an annual implementation plan (hereinafter referred to as the "implementation plan") in accordance with the master plan. |
| (2) | A Mayor/Do Governor shall submit his or her implementation plan formulated pursuant to paragraph (1) to the Minister of Health and Welfare, as prescribed by Presidential Decree, and the Minister may review the submitted implementation plan and request adjustments from the Mayor/Do Governor. |
| Article 7 (Fact-finding survey) |
| (1) | The Minister of Health and Welfare shall conduct a fact-finding survey on senior citizens' employment and social activities every 3 years, publish the results thereof, and utilize them as baseline data in formulating a master plan and an implementation plan. |
| (3) | The Minister of Health and Welfare may request the heads of relevant institutions, corporations, organizations, and facilities to submit necessary data or to state their opinions to facilitate the fact-finding survey under paragraph (1). In such cases, the head of the relevant institutions, corporations, organizations, or facilities shall comply with such request, unless there is good cause. |
CHAPTER II SUPPORT FOR SENIOR CITIZENS' EMPLOYMENT AND SOCIAL ACTIVITIES
| Article 8 (Implementation of support projects for senior citizens' employment and social activities) |
The State and local governments may directly implement projects to support senior citizens' employment and social activities (hereinafter referred to as "support projects for senior citizens' employment and social activities") or entrust these projects to relevant institutions and organizations, such as dedicated employment agencies for senior citizens under Article 9.
| Article 9 (Dedicated employment agencies for senior citizens) |
| (1) | Dedicated agencies to undertake projects to support senior citizens' employment and social activities in a professional and systematic manner (hereinafter referred to as "dedicated employment agencies for senior citizens") shall be as follows: |
| 1. | A human resources development agency for senior citizens: An agency that supports projects for senior citizens' employment development and expansion; field interviews and investigation projects; education, public relations, and cooperation projects; and projects for program certification, assessment and other relevant affairs; |
| 2. | An employment support agency for senior citizens: An agency directly responsible for creating and providing employment for senior citizens, fostering entrepreneurship and startup, ensuring safety management, producing and selling goods made by senior citizens, and other affairs; |
| 3. | A job placement agency for senior citizens: An agency providing employment counseling and information, and connecting senior citizens to employment opportunities. |
| (2) | The State and local governments may establish and operate dedicated employment agencies for senior citizens or entrust all or part of their operations to a corporation, organization, etc. In the case of an employment support agency for senior citizens under paragraph (1) 2, its operation may be entrusted to a senior club, etc. |
| (3) | A dedicated employment agency for senior citizens shall perform the following projects: |
| 1. | Development and expansion of senior citizens' employment and social activities; |
| 2. | Provision of counseling and information on senior citizens' employment and social activities and connecting them to relevant opportunities; |
| 3. | Education and training of participants in support projects for senior citizens' employment and social activities; |
| 4. | Establishment and operation of community project groups under Article 12; |
| 5. | Other matters necessary for undertaking support projects for senior citizens' employment and social activities. |
| (4) | The State and local governments may subsidize expenses incurred by dedicated employment agencies for senior citizens in operating these institutions and performing their projects. |
| (5) | Matters necessary for the establishment and operation of, and entrustment to, a dedicated employment agency for senior citizens shall be prescribed by Presidential Decree. |
| (6) | Standards, etc. for the facilities and staffing at employment support agencies for senior citizens shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
| Article 10 (Support for employment) |
| (1) | The Minister of Health and Welfare may provide senior citizens seeking employment with information, counseling, education, etc. on recruitment and job search. |
| (2) | The Minister of Health and Welfare may implement support projects for on-the-job training to help senior citizens adapt to their work environment and develop the skills necessary for performing their duties. |
| (3) | Specific standards, procedures, details, etc. of support under paragraphs (1) and (2) shall be prescribed by Presidential Decree. |
| Article 11 (Support for establishment of enterprises employing senior citizens) |
| (1) | The State and local governments may undertake support projects by providing financial support, counseling and education, and information necessary for starting a business, to persons who intend to establish enterprises employing senior citizens who meets at least the certain standards prescribed by Ordinance of the Ministry of Health and Welfare. |
| (2) | Specific standards, procedures, details, etc. of support under paragraph (1) shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
| Article 12 (Support for establishment and operation of community project groups) |
| (1) | If a dedicated employment agency for senior citizens, or an enterprise or organization, etc. intending to participate in a support project for senior citizens' employment and social activities, establishes and operates a community project group aimed at producing and selling goods, providing services, etc. by senior citizens, the State and local governments may provide the following support: |
| 1. | Financial support necessary for establishment and operation; |
| 2. | Professional advice in areas such as business administration, technology, taxation, labor, and accounting; |
| 3. | Other matters the Minister of Health and Welfare deems necessary. |
| (2) | Specific standards, procedures, details, etc. of support under paragraph (1) shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
| Article 13 (Designation of senior citizen-friendly enterprises and institutions) |
| (1) | The Minister of Health and Welfare may designate enterprises, public institutions (referring to public institutions under Article 4 of the Act on the Management of Public Institutions; hereinafter the same shall apply), community project groups under Article 12 (hereinafter referred to as "enterprises, etc."), and other entities employing senior citizens meeting at least the certain standards, as senior citizen-friendly enterprises and institutions. |
| (2) | A person seeking designation pursuant to paragraph (1) shall submit an application to the Minister of Health and Welfare, as prescribed by Presidential Decree. |
| (3) | The Minister of Health and Welfare may entrust affairs related to the designation of senior citizen-friendly enterprises and institutions under paragraph (1) to relevant specialized institutions or organizations. |
| (4) | An enterprise, etc. designated under paragraph (1) (hereinafter referred to as "senior citizen-friendly enterprise or institution") may display a mark indicating its designation as a senior citizen-friendly enterprise or institution. |
| (5) | The Minister of Health and Welfare may provide necessary support to senior citizen-friendly enterprises and institutions, such as payment of personnel expenses and incentives. |
| (6) | If a senior citizen-friendly enterprise or institution enhances its facilities to ensure that they are suitable for the employment of senior citizens, the Minister of Health and Welfare may fully or partially subsidize expenses related to such enhancement. |
| (7) | Specific standards and procedures for designation, and labeling methods, of senior citizen-friendly enterprises and institutions under paragraphs (1) through (6), entrustment of designated duties, and support for these enterprises or institutions shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
| Article 14 (Revocation of designation of senior citizen-friendly enterprises and institutions) |
| (1) | The Minister of Health and Welfare shall revoke the designation of a senior citizen-friendly enterprise or institution if it falls under any of the following: |
| 1. | Where it obtains designation by fraud or other improper means; |
| 2. | Where it no longer meets the standards for designation under Article 13 (7). |
| (2) | If the Minister of Health and Welfare intends to revoke the designation of a senior citizen-friendly enterprise or institution pursuant to paragraph (1), he or she shall hold a hearing. |
| (3) | Matters necessary for the detailed standards, procedures, etc. for the revocation of designation of senior citizen-friendly enterprises or institutions shall be prescribed by Presidential Decree. |
| Article 15 (Projects for public-interest activities of senior citizens) |
| (1) | The State and local governments may implement projects that enable senior citizens to maintain their income while supporting vulnerable social groups and promoting public interests within local communities (hereafter in this Article referred to as "projects for public-interest activities of senior citizens"). |
| (2) | The State and local governments shall give low-income senior citizens priority to participate in projects for public-interest activities of senior citizens. |
| (3) | The State and local governments may verify the following information for those applying to participate in projects for public-interest activities of senior citizens with the consent of the applicants: |
| 2. | Eligibility for basic pension and the amount of benefits under the Basic Pension Act; |
| 3. | Other matters prescribed by Presidential Decree, which are necessary for conducting projects for public-interest activities of senior citizens. |
| (4) | Matters necessary for the standards of income under paragraphs (2) and (3), methods of its verification, etc. shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
| Article 16 (Projects for utilizing senior citizens' capacity) |
| (1) | The State and local governments may implement projects that contribute to the local community by utilizing the skilled technique, expertise, experience, etc. of senior citizens (hereafter in this Article referred to as "projects for utilizing senior citizens' capacity"). |
| (2) | Matters necessary for eligibility for support for projects for utilizing senior citizens' capacity, the standards, procedures, details, etc. of such support shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
CHAPTER III LAYING OF FOUNDATION FOR SUPPORT FOR SENIOR CITIZENS' EMPLOYMENT AND SOCIAL ACTIVITIES
| Article 17 (Promotion of sales of products manufactured by senior citizens) |
The State and local governments may organize or support events, such as exhibitions, expositions, or promotional activities to promote the sale and use of products or services manufactured by dedicated employment agencies for senior citizens, senior citizen-friendly enterprises or institutions, or community project groups under Article 12 (hereinafter referred to as "products manufactured by senior citizens).
| Article 18 (Preferential purchase of products manufactured by senior citizens) |
The State, local governments, and public institutions prescribed by Presidential Decree shall take necessary measures to prioritize the purchase of products manufactured by senior citizens.
| (1) | The State and local governments shall endeavor to provide necessary education to participants in support projects for senior citizens' employment and social activities and persons working for dedicated employment agencies for senior citizens. |
| (2) | The State and local governments may provide necessary support for implementing projects related to paragraph (1). |
| (3) | Matters necessary for the eligibility, standards, procedures, etc. for education and support under paragraphs (1) and (2) shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
| Article 20 (Public relations) |
| (1) | The State and local governments shall actively engage in public relations activities to promote positive perceptions and enhance public understanding of senior citizens' employment and social activities. |
| (2) | The State and local governments may provide necessary support for implementing projects related to paragraph (1). |
| Article 21 (Establishment and operation of information system) |
| (1) | The Minister of Health and Welfare may establish and operate an information system (hereinafter referred to as "information system") to efficiently process various data or information necessary to support senior citizens' employment and social activities. |
| (2) | The Minister of Health and Welfare may provide information collected and managed pursuant to paragraph (1) to local governments, dedicated employment agencies for senior citizens, etc. |
| (3) | The Minister of Health and Welfare may entrust the establishment and operation of an information system to the Korea Labor Force Development Institute for the Aged under Article 24. |
| (4) | Other necessary matters for the establishment and operation of the information system, provision of information, and other relevant affairs shall be prescribed by Presidential Decree. |
| Article 22 (Research and survey) |
The Minister of Health and Welfare shall conduct surveys necessary to formulate policies to support senior citizens' employment and social activities, and shall strive to continuously improve support projects for senior citizens' employment and social activities through analysis, evaluation, etc. of these projects undertaken.
| Article 23 (Protection of participants) |
| (1) | The State and local governments shall formulate necessary policy measures to protect participants by creating a safe environment for support projects for senior citizens' employment and social activities, including measures to prevent safety accidents. |
| (2) | Details of the policy measures under paragraph (1) shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
| Article 24 (Establishment of the Korea Labor Force Development Institute for the Aged) |
| (1) | A Korea Labor Force Development Institute for the Aged (hereinafter referred to as the "Development Institute") shall be established to provide professional and systematic support for senior citizens' employment and social activities tailored to their abilities and aptitudes. |
| (2) | The Development Institute shall be a corporation. |
| (3) | The Development Institute shall be established at the time it registers such establishment at the location of its main office. |
| (4) | The Development Institute shall have executive officers and necessary employees as prescribed in its articles of incorporation. |
| (5) | If the Development Institute intends to amend any matters to be entered in the articles of incorporation, it shall obtain authorization from the Minister of Health and Welfare. |
| (6) | The Development Institute shall perform the affairs referred to in Article 9 (3) and the following projects: |
| 1. | Development and training of persons working for dedicated employment agencies for senior citizens; |
| 2. | Support for, and evaluation of, support projects for senior citizens' employment and social activities; |
| 3. | Surveys and research on senior citizens' employment and social activities; |
| 4. | Prevention of safety accidents to, and provision of compensation for, participants, etc. in support projects for senior citizens' employment and social activities; |
| 5. | Counseling, legal support, etc. for the protection of participants in support projects for senior citizens' employment and social activities; |
| 6. | Establishment and operation of an information system entrusted under Article 21 (3) and database of senior citizens; |
| 7. | Projects entrusted by the Minister of Health and Welfare or the head of a central administrative agency; |
| 8. | Other projects necessary to support senior citizens' employment and social activities. |
| (7) | The State may subsidize expenses necessary for the projects and operation of the Development Institute within the budget. |
| (8) | Except as provided in this Act, the provisions of the Civil Act governing incorporated foundations shall apply mutatis mutandis to the Development Institute. |
| (9) | No person, other than the Development Institute, shall use the name "Korea Labor Force Development Institute for the Aged" or any other name similar thereto. |
CHAPTER IV SUPPLEMENTARY PROVISIONS
| Article 25 (Request for data) |
| (1) | The Minister of Health and Welfare may request relevant central administrative agencies, local governments, public institutions, other relevant institutions, organizations, etc. to provide data necessary for efficiently performing support projects for senior citizens' employment and social activities. In such cases, the institutions, organizations, etc. shall comply with such request, unless there is good cause. |
| (2) | The specific scope of data or information, etc. that may be requested pursuant to paragraph (1) shall be prescribed by Presidential Decree. |
| Article 26 (Reporting and inspection) |
| (1) | The Minister of Health and Welfare may direct and supervise the Development Institute's affairs, or require the institute to report matters necessary for its business affairs, accounting, etc. or may order it to submit necessary documents. |
| (2) | If deemed necessary, the Minister of Health and Welfare, a Mayor/Do Governor, or the head of a Si/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply) may require a dedicated employment agency for senior citizens, etc. entrusted with support projects for senior citizens' employment and social activities pursuant to Article 27 (3) to report on its business affairs, submit data, or take other necessary measures, and may have public officials under his or her jurisdiction enter its office to inspect books of account, documents, etc. |
| (3) | Public officials conducting surveys under paragraph (2) shall carry identification verifying their authority and show it to relevant persons. |
| Article 27 (Delegation and entrustment of authority) |
| (1) | Part of the authority of the Minister of Health and Welfare under this Act may be delegated to a Mayor/Do Governor, as prescribed by Presidential Decree. |
| (2) | Part of a Mayor/Do Governor's authority under this Act may be delegated to the head of a Si/Gun/Gu, as prescribed by municipal ordinance. |
| (3) | The Minister of Health and Welfare, a Mayor/Do Governor, and the head of a Si/Gun/Gu may entrust part of his or her affairs under this Act to the Development Institute, a dedicated employment agency for senior citizens, or any other institution or organization, as prescribed by Presidential Decree. |
| Article 28 (Legal fiction as public officials for purposes of applying penalty provisions) |
| 1. | Executive officers and employees of the Development Institute; |
| 2. | Executive officers and employees of an institution or organization engaged in affairs entrusted under Article 27 (3). |
CHAPTER V PENALTY PROVISIONS
| Article 29 (Penalty provisions) |
Any person who has received the following subsidies by fraud or other improper means shall be punished by imprisonment with labor for not more than 3 years or by a fine not exceeding 30 million won:
| 2. | Subsidies for the establishment of enterprises employing senior citizens under Article 11; |
| 3. | Subsidies for community project groups under Article 12; |
| 4. | Subsidies for senior citizen-friendly enterprises and institutions under Article 13; |
| 5. | Subsidies for projects for public-interest activities of senior citizens under Article 15; |
| 6. | Subsidies for projects for utilizing senior citizens' capacity under Article 16. |
| Article 30 (Joint penalty provisions) |
If the representative of a corporation or organization, or an agent or employee of, or any other person employed by, the corporation or an individual commits any violation described in Article 29 in conducting the business affairs of the corporation, organization, or individual, the corporation, organization, or individual shall be punished by a fine prescribed in that Article in addition to punishing the violator accordingly; provided, this shall not apply if such corporation, organization, or individual has not been negligent in giving due attention and supervision regarding the relevant business affairs to prevent such violation.
| Article 31 (Administrative fines) |
| (1) | Any of the following persons shall be subject to an administrative fine not exceeding 5 million won: |
| 1. | A person that places a designation mark or any other similar mark, in violation of Article 13 (4); |
| 2. | A person that uses the name "Korea Labor Force Development Institute for the Aged" or any other name similar thereto, in violation of Article 24 (9); |
| 3. | A person that fails to submit or report data under Article 26 (2) or submits or files a false report; |
| 4. | A person that refuses, obstructs, or evades access or inspection under Article 26 (2). |
| (2) | An administrative fine under paragraph (1) shall be imposed and collected by the Minister of Health and Welfare or the head of a local government, as prescribed by Presidential Decree. |
ADDENDA <Act No. 19814, Oct. 31, 2023>
Article 1 (Enforcement date)
This Act shall enter into force 1 year after the date of its promulgation.
Article 2 (Transitional measures concerning the Korea Labor Force Development Institute for the Aged as incorporated foundation)
| (1) | The Korea Labor Force Development Institute for the Aged, an incorporated foundation established under Article 32 of the Civil Act (hereafter in this Article referred to as the "old corporation") as at the time this Act enters into force, may submit an application for approval to the Minister of Health and Welfare to enable the Korea Labor Force Development Institute established under this Act (hereafter in this Article referred to as the "new corporation") to succeed to all of its property, rights and obligations, by a resolution of the board of directors. |
| (2) | Notwithstanding the provisions of the Civil Act governing the dissolution and liquidation of corporations, the old corporation, upon receiving approval from the Minister of Health and Welfare pursuant to paragraph (1), shall be deemed dissolved at the same time as the establishment of the new corporation, and the new corporation shall succeed to all the property, rights, and obligations of the old corporation. |
| (3) | The value of property to be succeeded to by the new corporation pursuant to paragraph (2) shall be the book value as of the date immediately preceding the registration of the establishment of the new corporation. |
| (4) | The name of the old corporation indicated in the register or other official records at the time of the establishment of the new corporation, shall be deemed the name of the new corporation. |
| (5) | The executive officers and employees of the old corporation at the time of the establishment of the new corporation shall be deemed the executive officers and employees of the new corporation, and their term of office shall be counted from the date of their previous appointment. |
| (6) | Any act performed by or against the old corporation before the establishment of the new corporation shall be deemed an act performed by or against the new corporation. |
Article 3 (Transitional measures concerning dedicated employment agencies for senior citizens)