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ENFORCEMENT DECREE OF THE ACT ON PROHIBITION OF AGE DISCRIMINATION IN EMPLOYMENT AND AGED EMPLOYMENT PROMOTION

This translation of Korea's labor laws is intended mainly as

a convenience to the non-Korean-reading public. If any questions arise related to the accuracy of the information contained in the translation, please refer to the official Korean version of the laws. Any discrepancies or differences created in the translation are not binding and have no legal effect for compliance or enforcement purposes.

* This Decree reflects only the amendments made until

October 31, 2011

ENFORCEMENT DECREE OF THE ACT ON PROHIBITION OF AGE DISCRIMNATION IN EMPLOYMENT AND AGED

EMPLOYMENT PROMOTION

Presidential Decree No. 13685, Jul. 1, 1992

Amended by Presidential Decree No. 18051, Jul.

10, 2003

Presidential Decree No. 18312, Mar. 17, 2004

Presidential Decree No. 19367, Mar. Presidential Decree No. 20143, Jun.

Presidential Decree No. 20330, Oct.

2, 2006

29, 2007

17, 2007

Presidential Decree No. 20484, Dec. 28, 2007

Wholly Amended by Presidential Decree No. 21230, Dec. 31, 2008

Presidential Decree No. 22140, Apr. 29, 2010

Presidential Decree No. 22269, Jul.

12, 2010

Presidential Decree No. 22356, Aug. 25, 2010

Presidential Decree No. 22795, Mar. 30, 2011

CHAPTER I

G eneral Provi si ons

Articl e 1 (Purpose)
The purpose of this Decree is to prescribe matters delegated by the Act on Prohibition of Age Discrimination in Employment
and Aged Employment Promotion and those necessary for the enforcement thereof.
Articl e 2 (D ef ini ti on of the Aged and the S emi -Aged)
(1) “The aged” under subparagraph 1 of Article 2 of the Act on Prohibition of Age Discrimination in Employment and Aged Employment Promotion (hereinafter referred to as the
“Act”) means those aged 55 or older.
(2) “The semi-aged” under subparagraph 2 of Article 2 of the
Act means those aged 50 or older but less than 55.
Articl e 3 (S tandard Empl oyment R ate of the Aged)
“The rate prescribed by the Presidential Decree” in subparagraph
5 of Article 2 of the Act refers to any of the following rates:
1. Manufacturing : 2/100 of the number of workers ordinarily employed in the workplace;
2. Transportation, real-estate or rental and leasing: 6/100 of
the number of workers ordinarily employed in the workplace; and
3. Industries other than those specified in subparagraphs 1 and 2: 3/100 of the number of workers ordinarily employed in the workplace.

CHAPTER Ⅱ

Prohi b i ti on of Age D i scri mi nati on i n Empl oyment

Articl e 4 (M ethod, etc., of Applying f or Correcti ve O rder)
(1) A victim who intends to request a corrective order shall submit a written statement containing the following information to the Minister of Employment and Labor: <Amended by
Presidential Decree No. 22269, Jul. 12, 2010>
1. Name and address of the claimant;
2. Name and address of the respondent (referring to the name of the corporation and location of its main office if
the respondent is a corporation); and
3. Reasons why the corrective order is needed
(2) The request for a corrective order under paragraph (1) shall be made within six months from the date on which the National Human Rights Commission recommends a remedial measure, etc.

CHAPTER Ⅲ

G overnment S upport f or Empl oyment of the Aged

Articl e 5 (Vocational S kills Development Training, etc. f or the Aged)
(1) The Minister of Employment and Labor, the special metropolitan city mayor, a metropolitan city mayor, a provincial governor or the governor of a special self-governing province
(hereinafter referred to as “the Minister of Employment and Labor, etc.”) shall provide the vocational skills development training described in any of the following subparagraphs in
order to promote the employment of the aged and to develop and improve their vocational skills in accordance with Article 6 (1) of the Act: <Amended by Presidential Decree No. 22140, Apr. 29,
2010 and Presidential Decree No. 22269, Jul. 12, 2010>
1. Vocational skills development training that is provided according to Article 12 of the Workers Vocational Skills
Development Act for the aged who want to be employed in the priority occupations selected and announced pursuant to Article 15 (1) of the Act (hereinafter referred to as
“priority occupations”);
2. On-the-job training that is provided at production facilities or in the workplace of a preferentially supported enterprise
after receipt of an application from an aged person who wants to be employed and the employer of the preferentially supported enterprise under Article 12 of the Enforcement
Decree of the Employment Insurance Act;
(2) If providing on-the-job training pursuant to subparagraph
2 of paragraph (1), the Minister of Employment and Labor, etc., may provide all or part of the training expenses to the
employer of the preferentially supported enterprise, and provide
training allowances to the aged person within the limits of available budget. <Amended by Presidential Decree No. 22140, Apr.
29, 2010 and Presidential Decree No. 22269, Jul. 12, 2010>
(3) The Minister of Employment and Labor, etc., shall develop and disseminate vocational skills development training courses
suitable for the aged in order to enhance the outcome of vocational
skills development training for the aged. <Amended by Presidential
Decree No. 22140, Apr. 29, 2010 and Presidential Decree No. 22269, Jul. 12, 2010>
(4) If developing vocational skills development training courses in priority occupations, which are provided for the aged at
vocational skills development training facilities under subparagraph
3 of Article 2 of the Workers Vocational Skills Development Act or providing training under the same Act, the Minister of
Employment and Labor, etc., may provide all or part of the
expenses. <Amended by Presidential Decree No. 22140, Apr. 29,
2010 and Presidential Decree No. 22269, Jul. 12, 2010>
(5) Paragraphs (1) through (4) shall apply mutatis mutandis to vocational skills development training for the semi-aged. In this case, “the aged” shall be read as “the semi-aged.”
Articl e 6 (Pref erential Assessment of Vocational S kills Development
T raini ng Faci l iti es, etc.)
When assessing vocational skills development training facilities, etc. pursuant to Article 48 of the Enforcement Decree of the Workers' Vocational Skills Development Act, the Minister of Employment and Labor may give preferential treatment to a
training facility, if the outcome of its training for the aged is better than the level determined by the Minister of Employment
and Labor. <Amended by Presidential Decree No. 22269, Jul. 12,
2010 and Presidential Decree No. 22356, Aug. 25, 2010>
Articl e 7 (Criteri a, etc. f or D esignation of T al ent B ank f or the
Aged)
(1) The criteria for designation of talent banks for the aged under Article 11 (1) of the Act (hereinafter referred to as “talent
bank for the aged”) is shown in Table 1.
(2) A person who intends to be designated as a talent bank for the aged shall apply for the designation of a talent bank for
the aged to the Minister of Employment and Labor. <Amended by Presidential Decree No. 22269, Jul. 12, 2010>
(3) If the Minister of Employment and Labor has received an application for designation as a talent bank for the aged pursuant to paragraph (2), he/she shall decide whether to grant a designation after taking into consideration each of the following matters, and then notify the applicant of the results within 30 days of the receipt of the application: <Amended by
Presidential Decree No. 22269, Jul. 12, 2010>
1. Regional distribution of talent banks for the aged;
2. Results of the job placement services for the aged;
3. Size of the relevant budget; and
4. Other matters considered by the Minister of Employment and Labor to be necessary for the designation of a talent bank for the aged <Amended by Presidential Decree No.
22269, Jul. 12, 2010>
(4) The duration of the designation of a talent bank for the aged and other necessary matters for the designation and operation of a talent bank for the aged shall be determined by the Minister of Employment and Labor. <Amended by Presidential Decree No. 22269, Jul. 12, 2010>
Articl e 8 (Business Scope of Employment Service Center for Middle-aged
Prof essional s)
The “business determined by the Presidential Decree” in Article 11-2 (3) 3 of the Act refers to business falling under any of the following subparagraphs:
1. Adaptation training programs for the aged under Article
6 (2) of the Act;
2. Development and dissemination of vocational skills development training courses in consideration of the physical and mental conditions, etc. of the aged under Article 6 (3) of
the Act; and
3. Provision of counseling, advice, assistance, information, etc. to employers in regard of the employment and management of the aged under Article 7 of the Act.
Article 9 (Criteri a, etc. f or D esi gnati on of Empl oyment S ervi ce
Center f or M iddle-aged Prof essi onal s)
(1) The provisions of Table 1 shall apply mutatis mutandis to the criteria for the designation of an employment service center for middle-aged professionals under Article 11-2 (1) of the Act. In this case, “talent bank for the aged” shall be read as “employment service center for middle-aged professionals”, “Article 7 (1)” as “Article 9 (1)” and “the aged” as “middle-aged professionals.”
(2) Article 7 (2) through (4) shall apply mutatis mutandis to the procedure for the designation of an employment service center for middle-aged professionals under paragraph (1). In this case, “the aged” shall be read as “middle-aged professionals” and “talent bank for the aged” as “employment service center for middle-aged professionals.”

CHAPTER Ⅳ

Empl oyment Promoti on and Empl oyment

S ecuri ty f or the Aged

Articl e 10 (Empl oyers S ub j ect to S tandard Employment R ate)
The employer of a workplace ordinarily employing 300 workers or more shall strive to employ the aged not less than the standard employment rate pursuant to Article 12 of the Act.
Articl e 11 (Payment S tandards, etc. f or Empl oyment S ub si dy)
(1) The standards, etc. for the payment of employment subsidy under Article 14 (2) 1 of the Act shall be governed by
Articles 25 and 26 of the Enforcement Decree of the Employment
Insurance Act.
(2) The standards, etc. for the payment of employment subsidy under Article 14 (2) 2 of the Act shall be governed by Article
28 of the Enforcement Decree of the Employment Insurance Act.
(3) The standards, etc. for the payment of employment subsidy under Article 14 (2) 3 of the Act shall be governed by
Article 33 of the Enforcement Decree of the Employment
Insurance Act.
Articl e 12 (Employment in Priori ty O ccupati ons)
(1) The head of the State, a local government, and an institution designated as a public institution under Article 4 of
the Act on the Management of Public Institutions (hereinafter referred to as “head of a public institution, etc.”) shall employ the aged and the semi-aged preferentially if there is any of the
following reasons in relation to the priority occupations of the institution concerned: <Amended by Presidential Decree No. 22140, Apr. 29, 2010>
1. When workers are newly employed as a result of creating or expanding the priority occupations; and
2. When additional workers are needed to fill vacancies in the priority occupations, which are caused by retirement,
job-leaving, etc.
(2) When the head of a public institution, etc, employs a worker in a priority occupation of the institution concerned,
paragraph (1) may not apply, if a relevant Act or subordinate
statute stipulates additional qualification requirements or approval has been obtained from the Minister of Employment
and Labor as it is deemed that there is a special circumstance.
<Amended by Presidential Decree No. 22269, Jul. 12, 2010>
Articl e 13 (S ubmission of S tatus Report on Employment in Priority
Occupations)
The head of a public institution, etc. shall submit a status report on employment in priority occupations to the Minister of
Employment and Labor every year under the conditions prescribed by the Ordinance of the Ministry of Employment and Labor.
<AmendedbyPresidential DecreeNo. 22269, Jul. 12, 2010>

CHAPTER Ⅴ

R eti rement Age

Articl e 14 (Employers S ub j ect to S ub missi on of S tatus R eport on
I mpl ementati on of R eti rement Age S ystem)
“An employer who employs not less than the number of workers prescribed by the Presidential Decree” in Article 20 (1)
of the Act refers to an employer who ordinarily employs 300 workers or more.

CHAPTER Ⅵ

S uppl ementary Provi si ons

Articl e 15 (D el egati on of Authori ty)
(1) The Minister of Employment and Labor shall delegate the authority described in each of the following subparagraphs
to the heads of local employment and labor offices pursuant to
Article 23-2 of the Act: <Amended by Presidential Decree No.
22140, Apr. 29, 2010 and Presidential Decree No. 22269, Jul. 12,
2010>
1. Request for the submission of a report on compliance with a corrective order and receipt of a report of
non-compliance under Article 4-8 of the Act;
2. Designation of a talent bank for the aged and an employment service center for middle-aged professionals under Article
11 and Article 11-2 of the Act;
3. Cancellation of the designation of a talent bank for the aged and an employment service center for middle-aged
professionals and receipt of a report of the closure and temporary shutdown of their business under Article 11-3 of the Act;
4. Receipt of a status report on the employment of the aged
under Article 13 (1) of the Act;
5. Receipt of a status report on the implementation of the retirement age system under Article 20 (1) of the Act;
6. Reporting and inspection under Article 23 of the Act; and
7. Imposition and collection of fines for negligence under
Article 24 of the Act.
(2) The Minister of Employment and Labor shall delegate the authority to issue a corrective order under Article 4-7 of the Act to the heads of local employment and labor
offices. <Amended by Presidential Decree No. 22269, Jul. 12,
2010>
Articl e 16 (Criteri a f or I mposi ti on of Fi ne f or Negl igence)
The criteria for the imposition of fines for negligence under
Article 24 (1) and (2) of the Act are provided in Table 2.
<This Article Wholly Amended by Presidential Decree No. 22795, Mar. 30, 2011>

Addenda <Presidential Decree No. 21230, Dec. 31, 2008>

Articl e 1 (Enf orcement D ate)
This Decree shall enter into force on March 22, 2009.
Articl e 2 (R evisi on of O ther D ecrees)
(1) Parts of the Enforcement Decree of the Employment
Insurance Act shall be revised as follows :
“The Aged Employment Promotion Act” in Article 25 (1) 1 shall be changed to “Act on Prohibition of Age Discrimination in Employment and Aged Employment Promotion”.
“The aged under subparagraph 1 of Article 2 of the Aged
Employment Promotion Act or the semi-aged under subparagraph
1-2 of Article 2 of the same Act” in subparagraphs 1 and 4 of
Table 1 shall be changed to “the aged under subparagraph 1 of Article 2 of the Act on Prohibition of Age Discrimination in Employment and Aged Employment Promotion and the
semi-aged under subparagraph 2 of the same Article”.
(2) Parts of the Enforcement Decree of the Framework Act on Employment Policy shall be revised as follows :
“The Aged Employment Promotion Act” in Article 7 (5) 4 shall be changed to “the Act on Prohibition of Age Discrimination in Employment and Aged Employment Promotion”.
(3) Parts of the Enforcement Decree of the Social Enterprise
Promotion Act shall be revised as follows :
“The Aged Employment Promotion Act” in subparagraph 2 of Article 2 shall be changed to “the Act on Prohibition of Age
Discrimination in Employment and Aged Employment Promotion”.
(4) Parts of the Enforcement Decree of the Vocational
Education and Training Promotion Act shall be revised as follows :
“The aged under subparagraph 2 of Article 2 of the Aged
Employment Promotion Act” in subparagraph 5 of Article 10 shall be changed to “the aged and semi-aged under subparagraphs
1 and 2 of Article 2 of the Act on Prohibition of Age Discrimination in Employment and Aged Employment Promotion”.
(5) Parts of the Regulations on the Delegation and Entrustment
of Administrative Authorities shall be revised as follows : “Article 6 (2) of the Aged Employment Promotion Act” in
Article 50 (1) 1 shall be changed to “Article 6 (2) of the Act on
Prohibition of Age Discrimination in Employment and Aged
Employment Promotion”.
(6) Parts of the Enforcement Decree of the Special Act on Support for Human Resources of Small and Medium Enterprises shall be revised as follows :
“The Aged Employment Promotion Act” in Article 9-2 (1) 3 shall be changed to “the Act on Prohibition of Age Discrimination in Employment and Aged Employment Promotion”
Articl e 3 (R el ati onship to O ther Laws)
If the Enforcement Decree of the Aged Employment Promotion
Act or the provisions thereof are cited in other Acts or subordinate statues at the time of enforcement of this Decree, and this Decree includes provisions corresponding to them, this Decree
or the corresponding provisions thereof shall be deemed to be cited in lieu of the previous provisions.

Addendum <Presidential Decree No. 22140, Apr. 29, 2010>

This Decree shall enter into force on May 5, 2010.

Addenda <Presidential Decree No. 22269, Jul. 12, 2010>

Articl e 1 (Enf orcement D ate)
This Decree shall enter into force on the date of its promulgation. <Proviso omitted>
Articl e 2 (R evisi on of O ther D ecrees)
(1) through (18) Omitted.
(19) Parts of the Enforcement Decree of the Act on Prohibition of Age Discrimination in Employment and Aged Employment Promotion shall be revised as follows :
“Minister of Labor" in parts other than each subparagraph of Article 4 (1), parts other than each subparagraph of Article 5 (1), Article 6, Article 7 (2), parts other than each subparagraph
of Article 7 (3), Article 7 (3) 4, Article 7 (4), Article 12 (2), Article 13, parts other than each subparagraph of Article 15 (1), Article 15 (2), Article 16 (2) and subparagraph 2 in the 'offense'
column of Table 2 shall be changed to "Minister of Employment and Labor".
"Minister of Labor, etc." in parts other than each subparagraph of Article 5 (1), and Article 5 (2) through (4) shall
be changed to "Minister of Employment and Labor, etc."
"Ordinance of the Ministry of Labor" in Article 13 shall be changed to "Ordinance of the Ministry of Employment and
Labor".
"Local labor offices" in parts other than each subparagraph of Article 15 (1) shall be changed to "local employment and
labor office".
"Heads of local labor offices" in Article 15 (2) shall be changed to "heads of local employment and labor offices".
(20) through (136) Omitted.

Addenda <Presidential Decree No. 22356, Aug. 25, 2010>

Articl e 1 (Enf orcement D ate)
This Decree shall enter into force on September 1, 2010.
Articl e 2 Omitted.
Articl e 3 (R evisi on of O ther D ecrees)
(1) Omitted.
(2) Parts of the Enforcement Decree of the Act on Prohibition of Age Discrimination in Employment and Aged Employment Promotion shall be revised as follows :
"Article 31 of the Enforcement Decree of the Workers Vocational Skills Development Act" in Article 6 shall be changed to "Article 48 of the Workers Vocational Skills
Development Act".
(3) through (15) Omitted.
Articl e 4 Omitted.

Addenda <Presidential Decree No. 22795, Mar. 30, 2011>

Articl e 1 (Enf orcement D ate)
This Decree shall enter into force on the date of its promulgation.
Articl e 2 (T ransiti onal M easures concerni ng Fi ne f or Negli gence)
(1) The application of the criteria for imposition of fines for negligence to offenses committed before this Decree enters into force shall be governed by the previous provisions
notwithstanding the amended provisions of Table 2.
(2) The imposition of fines for negligence for offenses committed before this Decree enters into force shall not be
included in calculating the number of offenses under the amended provisions of Table 2.
[Table 2] <Amended on Mar. 30, 2011>

Cri teri a f or I mposi tion of Fines f or Negl i gence

(relating to Article 16)
1. General criteria
A. The criteria for the imposition of fines for negligence according to the number of offenses shall apply to cases
where a fine for negligence has been imposed for the same offense in the past three years. In such cases, the number of offenses shall be calculated based on the date on which a
fine for negligence is imposed for the relevant offense and the date on which the same offense is found again.
B. The Minister of Employment and Labor shall, if an offender falls under any of the following conditions, may reduce the amount of fine for negligence under subparagraph 2 by up to half thereof : Provided that this shall not apply to offenders who delay payment of a fine for negligence.
1) Where the offender falls under any of the subparagraphs of Article 2-2 (1) of the Enforcement Decree of the Act on the Regulation of Violations of Public Order;
2) Where the offender has a reason, such as suffering a considerable loss to property due to a natural disaster, fire, etc., or facing a serious crisis due to worsening business conditions;
3) Where the offense is deemed to have been caused by a mistake, such as minor carelessness or error, etc.;
4) Where the offender has committed the relevant offense for the first time, and was selected as an enterprise excellent in the employment of the aged and received an award, such as President's, Prime Minister's or Minister of Employment and Labor's award, etc., within three years prior thereto ; or
5) Other cases where it is deemed necessary to reduce the amount of fine for negligence in consideration of the degree of the offense, the motive and consequences of the offense, etc.
C. The Minister of Employment and Labor may increase the
amount of fine for negligence under subparagraph 2 by up to half thereof if an offender has committed two offenses or more : Provided that the amount shall not exceed the maximum amount of fine for negligence under Article 24 (1) or (2) of the Act.
2. Specific criteria