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
[This Article Wholly Amended by Presidential Decree No. 21889, Dec. 15, 2009]
[This Article Wholly Amended by Presidential Decree No. 21889, Dec. 15, 2009]
| Article 3 (Formulation of Policies for Promoting Youth Employment) |
| (1) | Pursuant to Article 3 (1) of the Act, the Minister of Employment and Labor shall formulate and implement the policy for promoting youth employment. <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
| (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 policy for promoting youth employment, in consideration of local conditions, and shall submit the policy to the Minister of Employment and Labor within 30 days after such policy is formulated. <Amended by Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 27497, Sep. 13, 2016> |
[This Article Wholly Amended by Presidential Decree No. 21889, Dec. 15, 2009]
| Article 4 (Formulation, etc. 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 policy formulated pursuant to Article 3 (1) and shall submit the plan to the Minister of Employment and Labor. <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
| (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. <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
[This Article Wholly Amended by Presidential Decree No. 21889, Dec. 15, 2009]
| Article 5 (Establishment, Operation, etc. 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. <Amended by Presidential Decree No. 27482, Sep. 5, 2016> |
| (2) | The Minister of Employment and Labor shall serve as chairperson of the Special Committee, and committee members shall be commissioned by the Minister of Employment and Labor from among the following persons: <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
| 1. | Vice Ministers or public officials at the level of Vice Minister in relevant central administrative agencies; |
| 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: <Newly Inserted by Presidential Decree No. 27497, Sep. 13, 2016> |
| 1. | If a committee member is unable to continue to perform his/her duties due to mental disorder; |
| 2. | If a committee member is found to have committed misconduct in connection with his/her duties; |
| 3. | If a committee member is found incompetent for the office on grounds of neglect of duty, indecent conduct or another factor; |
| 4. | If a committee member voluntarily discloses that he/she has difficulty in performing duties. |
| (4) | A majority of members of the Special Committee shall constitute a quorum, and any resolution thereof shall require concurring votes of at least a majority of those present. <Amended by Presidential Decree No. 27497, Sep. 13, 2016> |
| (5) | Except as otherwise provided for expressly 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. <Amended by Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 27497, Sep. 13, 2016> |
[This Article Newly Inserted by Presidential Decree No. 21889, Dec. 15, 2009]
| Article 6 (Institutions Required to Increase Employment of Unemployed Youth) |
| 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 inevitable grounds prescribed by Presidential Decree" in the proviso to Article 5 (1) of the Act means any of the following cases: <Newly Inserted by Presidential Decree No. 24817, Oct. 30, 2013> |
| 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; |
| 3. | Where the employees who meet the criteria for specialized qualification, skills, work experience, etc., publicly notified by the Minister of Employment and Labor in consultation with the Minister of Strategy and Finance, consist at least 70/100 of all employees 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. <Amended by Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 24817, Oct. 30, 2013> |
[This Article Wholly Amended by Presidential Decree No. 21889, Dec. 15, 2009]
| Article 7 (Young People Disadvantaged in Employment) |
"Young people having difficulties in employment" in Article 8-4 (1) of the Act (hereinafter referred to as "disadvantaged young jobseekers") means the following persons: <Amended by Presidential Decree No. 22356, Aug. 25, 2010; Presidential Decree No. 24002, Jul. 31, 2012> | 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); |
| 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: |
| (c) | A person who does not attend any class in an educational institution in order to enter a higher school or to gain employment. |
[This Article Newly Inserted by Presidential Decree No. 21889, Dec. 15, 2009]
| Article 8 (Projects for Nurturing Global Talents and Cooperative System) |
| (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 young people 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 referral. |
[This Article Newly Inserted by Presidential Decree No. 21889, Dec. 15, 2009]
| Article 8-2 (Expansion of Scope of Persons Eligible for Assistance, etc. in Employment) |
If the Government deems necessary for promoting employment of persons aged between 30 and 34, 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). [This Article Newly Inserted by Presidential Decree No. 27497, Sep. 13, 2016]
| Article 8-3 (Processing of Personally Identifiable Information) |
If it is necessary to process data containing resident registration numbers referred to in subparagraph 1 of Article 19 of the Enforcement Decree of the Personal Information Protection Act for performing administrative work for the following tasks, the Government (including persons commissioned by the Government to perform administrative work pursuant to Article 8-3 (1) of the Act) or the head of a public institution or local public enterprise may process such data: <Amended by Presidential Decree No. 27497, Sep. 13, 2016> | 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; |
| 6. | Providing employment support services to youth having difficulties in employment under Article 8-4 of the Act; |
| 7. | Subsidizing enterprises or private vocational training institutions for workplace skill development and training programs under Article 10 of the Act; |
| 8. | Subsidizing small and medium enterprises for joint workplace skill development and training programs under Article 11 of the Act; |
[This Article Newly Inserted by Presidential Decree No. 23488, Jan. 6, 2012]
| Article 9 (Guidelines for Imposing Administrative Fines) |
The guidelines for imposing administrative fines under Article 19 (1) of the Act shall be as prescribed in the attached Table. [This Article Newly Inserted by Presidential Decree No. 22798, Mar. 30, 2011]
| Articles 10 through 12 Deleted. <by Presidential Decree No. 20734, Feb. 29, 2008> |
| Article 13 Moved to Article 9. <by Presidential Decree No. 21889, Dec. 15, 2009> |
ADDENDA
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation. |
| (2) | (Period of Validity) This Decree shall be valid until December 31, 2018. <Amended by Presidential Decree No. 21889, Dec. 15, 2009; Presidential Decree No. 24817, Oct. 30, 2013> |
ADDENDA <Presidential Decree No. 18873, Jun. 23, 2005>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 19513, Jun. 12, 2006>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2006.
Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 20734, Feb. 29, 2008>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 21214, Dec. 31, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDUM <Presidential Decree No. 21889, Dec. 15, 2009>
This Decree shall enter into force on the date of its promulgation.
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. 22798, 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 the attached Table, former provisions shall apply to violations committed before this Decree enters into force in applying guidelines for imposing administrative fines. |
| (2) | Administrative fines imposed for violations committed before this Decree enters into force shall not be included in determining the number of violations under the amended provisions of the attached Table. |
ADDENDA <Presidential Decree No. 23488, Jan. 6, 2012>
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. 24002, Jul. 31, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on August 2, 2012.
Articles 2 through 6 Omitted.
ADDENDUM <Presidential Decree No. 24817, Oct. 30, 2013>
This Decree shall enter into force on January 1, 2014.
ADDENDUM <Presidential Decree No. 27482, Sep. 5, 2016>
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDUM <Presidential Decree No. 27497, Sep. 13, 2016>
This Decree shall enter into force on the date of its promulgation.