国内政策【切换】 国际政策

Age Discrimination in Employment and Promotion of Older Persons Commencement Date July 28, 2016 (Article 17 -- Article22)

Article 17 (Request, etc. for Expansion of Employment)(1) The Minister of Employment and Labor may require any person whose record of preferential employment of the aged and the middle-aged under Article 16 has been unsatisfactory to submit a reason therefor, and may request any person who is not justified in such reason (including any person who has failed to submit a reason) to increase the employment of the aged and the middle-aged.  <Amended by Act No. 10339, Jun. 4, 2010>

(2) The Minister of Employment and Labor may request any employer who fails to comply with the recommendation referred to in Article 13 (2), to submit a reason therefor, and may request any employer who is not justified in such reason (including any employer who has failed to submit a reason) to increase the employment of the aged.  <Amended by Act No. 9997, Feb. 4, 2010; Act No. 10339, Jun. 4, 2010>

[This Article Wholly Amended by Act No. 8962, Mar. 21, 2008]

Article 18 (Public Announcement of Details and Suspension of Employment Mediation)

Against any person who has failed to comply with a request for an increase in employment under Article 17 without justifiable grounds, the Minister of Employment and Labor may announce the said details publicly, or suspend the services relating to employment, such as vocational guidance and employment mediation, etc. which are furnished by the administrative agency in charge of occupational stabilization.  <Amended by Act No. 10339, Jun. 4, 2010>

[This Article Wholly Amended by Act No. 8962, Mar. 21, 2008]

CHAPTER IV RETIREMENT AGE

Article 19 (Retirement Age)(1)　An employer shall set the retirement age of workers at 60 years of age or older.

(2) In cases where any employer sets the retirement age of workers at below 60 years of age notwithstanding paragraph (1), the retirement age shall be deemed set at 60.

[This Article Wholly Amended by Act No. 11791, May 22, 2013]

[Enforcement Date: January 1, 2017] In the amended provisions of Article 19, businesses or places of business using less than 300 workers at ordinary times, and the State and local governments.

Article 19-2 (Restructuring of Wage Systems Following Extension of Retirement Age, etc.)(1)　The employer of a business or a place of business that extends its retirement age pursuant to Article 19 (1) and its labor union consisting of the employer and a majority of workers (referring to the person who represents a majority of workers if there is no labor union consisting of a majority of workers) shall take necessary measures, including the restructuring of its wage system in consideration of the conditions at the relevant business or place of business.

(2) The Minister of Employment and Labor may provide necessary support such as an employment subsidy, etc. to the employer or workers of a business or place of business that takes necessary measures pursuant to paragraph (1),　as prescribed by Presidential Decree.

(3) The Minister of Employment and Labor may provide necessary support such as consulting, etc. for matters such as restructuring of a wage system to the employer or workers of a business or place of business that extends its retirement age to 60 years of age or older, as prescribed by Presidential Decree.

[This Article Newly Inserted by Act No. 11791, May 22, 2013]

[Enforcement Date: January 1, 2017] In the amended provisions of Article 19-2 (1) and (2), businesses or places of business using less than 300 workers at ordinary times, and the State and local governments.

Article 20 (Submission, etc. of Operation Status of Retirement Age System)(1) Each year each employer who employs at least the specific number of workers as prescribed by Presidential Decree shall submit to the Minister of Employment and Labor the management status of retirement age system, as prescribed by Ordinance of the Ministry of Employment and Labor.  <Amended by Act No. 10339, Jun. 4, 2010>

(2) The Minister of Employment and Labor may recommend any employer falling under paragraph (1) and who has set the retirement age remarkably low, to raise retirement age.  <Amended by Act No. 9997, Feb. 4, 2010; Act No. 10339, Jun. 4, 2010>

(3) Deleted.  <by Act No. 9997, Feb. 4, 2010>

(4) The Minister of Labor may make the details thereof public if his/her recommendation under paragraph (2) is not honored without justifiable cause.  <Amended by Act No. 9997, Feb. 4, 2010>

[This Article Wholly Amended by Act No. 8962, Mar. 21, 2008]

Article 21 (Re-employment of Retirees)(1) When any person having reached the retirement age desires to be reemployed at the said place of business, the employer shall endeavor to re-employ him/her in a type of occupation that suits to his/her ability to perform the duties.

(2) In re-employing any aged retiree, the employer may exclude previous service period in computing his/her continuous service period for calculation of the retirement allowance under Article 34 of the Labor Standards Act and the days of annual paid leaves under Article 60 of the same Act, and determine wages differently from the previous ones, under an agreement between the parties concerned.

[This Article Wholly Amended by Act No. 8962, Mar. 21, 2008]

Article 21-2 (Support for Re-employment of Retirees)

The Minister of Employment and Labor may render the required support, such as payment of a bounty, etc. to employers who re-employ their retirees under Article 21, or take measures required for employment security of the retirees.  <Amended by Act No. 10339, Jun. 4, 2010>

[This Article Wholly Amended by Act No. 8962, Mar. 21, 2008]

Article 21-3 (Support for Persons to Retire, etc.)(1) An employer shall endeavor to support job-seeking activities of the aged who plan to leave their job due to age limit, etc.

(2) The Minister of Employment and Labor may render the required support, such as payment of labor cost and bounty to employers who diligently perform the supportive measures referred to in paragraph (1).  <Amended by Act No. 10339, Jun. 4, 2010>

[This Article Newly Inserted by Act No. 9997, Feb. 4, 2010]

Article 22 (Support for Raising of Retirement Age)

The Minister of Employment and Labor shall render advice, consultation, and other cooperation and support on the personnel affairs, wages, etc. for the business enterprises following the raising of a retirement age.  <Amended by Act No. 10339, Jun. 4, 2010>

[This Article Wholly Amended by Act No. 8962, Mar. 21, 2008]