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Laws of the Republic of Korea |
ENFORCEMENT DECREE OF THE AGED EMPLOYMENT PROMOTION ACT
Amended by Presidential Decree No. 20143, Jun. 29, 2007 Presidential Decree No. 20330, Oct. 17, 2007
Presidential Decree No. 20484, Dec. 28, 2007
Article 1 (Purpose)
The purpose of this Decree is to prescribe matters delegated
by the Aged Employment Promotion Act and those necessary
for the enforcement
thereof.
Article 2 (Definition of the Aged and the semi-Aged)
(1) "The aged" specified in Article 2 (1) of the Aged
Employment Promotion
Act (hereinafter referred to as the "Act")
mean persons aged 55 or older.
(2) "The semi-aged" specified in Article 2 (1) 2 of the Act
mean persons aged 50 or older and aged less than 55.
The "rate as determined by the Presidential Decree" in
subparagraph 4 of Article 2 of the Act refers to the rate of the
following
subparagraphs:
1. Manufacturing business: 2/100 of the number of workers
in the workplace;
2. Transportation, real-estate or rental businesses: 6/100 of
the number of workers in the workplace; and
3. Businesses other than those specified in subparagraph 1
and 2: 3/100 of the number of workers in the workplace.
Article 3-2 (Vocational Skills Development Training, etc. for the
Aged)
(1) The Minister of Labor shall provide vocational skills
development training under the following subparagraphs for
employment
promotion and vocational skills development and
betterment for the aged according to Article 6(1) of the Act:
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1. Vocational skills development training which is provided
according to Article 12 of the Workers Vocational Skills
Development
Act, targeting the aged who want to be employed at
priority occupations that are selected and announced pursuant to
Article 15(1)
of the Act (hereinafter referred to as the "priority
occupations");
2. On-the-job training that is provided at production facilities or in
the workplace of a preferentially supported enterprise, after
an
application is made by an employer of a preferentially supported
enterprise according to Article 12 of the Enforcement Decree
of the
Employment Insurance Act;
(2) In case providing on-the-job training pursuant to subparagraph 2
of paragraph (1), the Minister of Labor may support whole or
part
of necessary expenses within the limits of budget to an employer of
a preferentially supported enterprise, and training allowances
to the
aged person.
(3) The Minister of Labor shall develop and distribute vocational
skills development training courses suitable for the aged with
the
aim of enhancing the outcome of vocational skills development
training for the aged.
(4) In case developing vocational skills development training courses
at priority occupations targeting the aged at vocational skills
development training facilities stipulated in Article 2 (3) of the
Workers Vocational Skills Development Act or providing training
under the Act, the Minister of Labor may support whole or part of
necessary expenses.
(5) Concerning vocational skills development training for the
semi-aged, paragraphs (1) through (4) shall apply mutatis mutandis.
In this case, "the aged" shall be regarded as "the semi-aged."
Article 3-3 (Preferred Assessment of Vocational Skills
Development
Training Facilities, etc.)
In case assessing vocational skills development training facilities, etc.
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pursuant to Article 31 of the Enforcement Decree of the Workers'
Vocational Skills Development Act, the Minister of Labor may give
preferred treatment, if the training outcome targeting the aged is
beyond the criteria determined by the Minister of Labor.
Article
3-4 (Designation Criteria, etc. of the Aged Talent Bank)
(1) The designation criteria of the Aged Talent Bank
pursuant to Article
11 of the Act is specified in the attached
Table 1.
(2) A person who intends to be designated as the Aged
Talent Bank pursuant to paragraph (1) shall apply for the
designation of
the Aged Talent Bank to the Minister of Labor.
(3) The Minister of Labor shall decide, if he receives an
application for designation
as the Aged Talent Bank pursuant to
paragraph (2), whether to grant a designation after taking into
consideration each of the following
subparagraphs, and then
shall notify the applicant of the results within 30 days of the
date of application receipt:
1. Regional distribution of the Aged Talent Bank;
2. Results of job placements for the aged;
3. Size of the relevant budget; and
4. Other necessary matters for the designation of the Aged
Talent Bank recognized by the Minister of Labor.
(4) The period for the designation of Aged Talent Banks
and other necessary matters for the designation and operation
of the Aged
Talent Bank shall be determined by the Minister of
Labor.
Article 3-5 (Business Scope of a Job Center for the Aged Special
Manpower)
The "business determined by the Presidential Decree" in
Article 11-2 (3) 3 of the Act mean any of the following
businesses:
1. Adaptation training programs for the aged pursuant to
Article 6 (2) of the Act;
2. Development and distribution businesses of vocational
skills development training programs that give
consideration to the physical and mental conditions, etc.
of the aged pursuant to Article 6 (3) of the Act; and
3. Businesses that provide employers with counseling,
advisory services, assistance, information, etc. regarding
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the employment management of the aged pursuant to
Article 7 of the Act.
Article 3-6 (Designation Criteria, etc. of a Job Center for the Aged
Special Manpower)
(1) The provisions of the attached Table 1 shall apply
mutatis mutandis to the designation criteria of a Job Center for
the Aged
Special Manpower under Article 11-2 (4) of the Act.
In this case, the "Aged Talent Bank" shall be regarded as a "Job
Center for
the Aged Special Manpower", "Article 3-2 (2)" as
"Article 3-4 (1)" and "the aged" as the "Aged Special Manpower."
(2) The provisions
of Article 3-2 (2) through (4) of the Act
shall apply mutatis mutandis to the designation procedure of
the a Job Center for the
Aged Special Manpower pursuant to
paragraph (1). In this case, "the aged" shall be regarded as the
"Aged Special Manpower" and
the "Aged Talent Bank" as the "a
Job Center for the Aged Special Manpower."
Article 4 (Employers Subject to the Standard Employment Rate)
An employer who shall strive to employ the aged above the
standard
employment rate pursuant to the provisions of Article
12 of the Act shall an employer of a workplace with 300
full-time workers
or more.
Article 4-2 (Payment Standards, etc. of Employment Subsidy)
(1) Payment standards, etc. of an employment subsidy
pursuant to Article
14 (2) 1 of the Act shall be as prescribed in
Articles 25 and 26 of the Enforcement Decree of the
Employment Insurance Act.
(2) Payment standards, etc. of employment subsidies pursuant
to Article 14 (2) 2 of the Act shall be as prescribed in Article
28
of the Enforcement Decree of the Employment Insurance Act.
(3) Payment standards, etc. of employment subsidies
pursuant to Article
14 (2) 3 of the Act shall be as prescribed in
Article 33 of the Enforcement Decree of the Employment
Insurance Act.
Article 5 (Employment in Priority Occupations)
(1) Among State, local governments, and agencies designated
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as public agencies pursuant to Article 4 of the Operation of
Public Agencies Act, the head of an agency meeting the
requirements
as a government-invested institution pursuant to
Article 2 of the Framework Act on the Management of
Government-Invested Institutions,
which was rescinded under
Law No. 8258 Article 2 of the Addenda of the Operation of
Public Agencies Act, a government-contributed
institution and a
government-funded and government-entrusted institution (limited
to those designated by the Minister of Labor)
(hereinafter
referred to as "public agencies, etc.") shall employ the aged and
the semi-aged preferentially pursuant to the provisions
of
Article 16 (1) of the Act when any reason falling under the
following subparagraphs arises in a priority occupation of the
agency concerned: 1. When new workforce needs to be employed according to
the creation or expansion of priority occupations; and
2. When a vacancy resulting from retirement, job separation,
etc. in a priority occupation needs to be filled.
(2) In case a public
agency, etc. employs a worker in a
priority occupation of the agency concerned, the provisions of
paragraph (1) may not apply,
if the public agency concerned is
recognized as having separate qualifications prescribed by a
relevant statute or a special circumstance
and thereby given an
approval from the Minister of Labor.
Article 6 (Submission of Employment Status on Priority Occupations)
A public agency, etc. shall submit its employment status of
priority occupations every year to the Minister of Labor as
prescribed by the Ordinance of the Ministry of Labor.
"An employer who employs more than a certain number of
workers as determined by the Presidential Decree" in Article 20
(1) of the
Act mean an employer who employs 300 or more
workers.
The Minister of Labor shall delegate the authorities specified
in each of the following subparagraphs to the head of a
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regional labor office:
1. Designation of the Aged Talent Bank and a Job Center
for the Aged Special Manpower pursuant to Article 11
and Article 11-2 of
the Act;
2. Cancellation of designation of the Aged Talent Bank and
a Job Center for the Aged Special Manpower pursuant to
Article 11-3 of
the Act;
3. Receipt of submission of employment status of the aged,
request for submission of compliance plan on standard
employment rate
of the aged, and recommendations for
change and implementation thereof pursuant to Article 13
of the Act;
4. Receipt of submission of the operation status of mandatory
retirement age system, request for submission of compliance
plan on
prolongation of mandatory retirement age, and
recommendations for change thereof pursuant to Article
20 of the Act;
5. Report and inspection pursuant to the provisions of
Article 23 of the Act; and
6. Imposition and collection of fines for negligence pursuant
to the provisions of Article 24 of the Act.
Article 9 (Imposition of Fine for Negligence)
(1) When imposing a fine for negligence pursuant to the
provisions of Article 24 (2) of the Act, the Minister of Labor
shall investigate
and confirm the violation concerned, and
specify in writing the violation, amount of the fine for
negligence, etc. and then notify
the person subject to the fine
for negligence of the payment due.
(2) When intending to impose a fine for negligence pursuant
to the provisions of paragraph (1), the Minister of Labor shall
set
a period of ten days or longer and provide the person
subject to the fine for negligence with an opportunity to make
his statement,
either orally or in writing (including an electronic
document). In this case, if no statement is made within the set
period, it
shall be considered that he has no statement to make.
be prescribed by the Ordinance of the Ministry of Labor.
Addenda
This Decree shall enter into force on the date of its
promulgation : Provided that the amended provisions of Article
2 (2) and
Article 85 (2) shall enter into force on October 28,
2007, the amended provisions of Article 19 (1), Article 20 (3),
Article 21
(1) and (2), Article 23 (1), Article 25 and Article 32
(2) on January 1, 2008 and the amended provisions of Article
82 (2) 2 on
February 4, 2008.
Articles 2 through 9 Omitted.
Articles 10 (Revision of Other Laws)
(1) Parts of the Enforcement Decree of the Aged Employment
Promotion Act shall be revised as follows :
"Article 22 and 22-2 in the Enforcement Decree of the Aged
Employment Promotion Act" in Article 4-2(1) shall be changed to
"Article
25 and 26 in the Enforcement Decree of the Aged
Employment Promotion Act", and "Article 22-4 in the
Enforcement Decree of the Aged
Employment Promotion Act" in
paragraph (2) of the same Article shall be changed to "Article
28 in the Enforcement Decree of the
Aged Employment
Promotion Act", and "Article 23-4 in the Enforcement Decree of
the Aged Employment Promotion Act" in paragraph
(3) of the
same Article shall be changed to "Article 33 in the Enforcement
Decree of the Aged Employment Promotion Act."
(2) through (5) Omitted.
Article 11 Omitted
Addenda
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