Article 1(Purpose) #
The purpose of this Decree is to prescribe matters mandated by the Act on Trade Adjustment Assistance and matters necessary for the enforcement thereof. <Amended on Jun. 20, 2008; Apr. 19, 2022>
Article 2(Scope of Types of Business Eligible for Assistance in Trade Adjustment) #
"Services prescribed by Presidential Decree" in subparagraph 2 of Article 2 of the Act on Trade Adjustment Assistance (hereinafter referred to as the "Act") means the types of business specified in attached Table 1. <Amended on Apr. 5, 2011; Apr. 19, 2022>
[This Article Wholly Amended on Jun. 20, 2008]
Article 3(Formulation of Comprehensive Measures for Assistance in Trade Adjustment) #
(1) If necessary for formulating a comprehensive plan for assistance in trade adjustment (hereinafter referred to as "comprehensive plan") under Article 4 (1) of the Act, the Minister of Trade, Industry and Energy and the Minister of Employment and Labor may request the heads of related central administrative agencies to submit necessary materials. <Amended on Feb. 29, 2008; Jul. 12, 2010; Mar. 23, 2013>
(2) The Minister of Trade, Industry or Energy shall, in cases where he or she has formulated a comprehensive plan, notify it to the heads of related administrative agencies, and may request them to provide cooperation for measures necessary for implementing the comprehensive plan. <Amended on Feb. 29, 2008; Jul. 12, 2010; Mar. 23, 2013; Jul. 6, 2016>
Article 4(Timing and Method for Fact-Finding Surveys) #
(1) The Minister of Trade, Industry and Energy and the Minister of Employment and Labor may conduct fact-finding surveys on the following matters pursuant to Article 4 (4) of the Act: <Amended on Feb. 29, 2008; Jun. 20, 2008; Jul. 12, 2010; Mar. 23, 2013>
1. Details of trade loss or damage sustained by domestic industries by region and type of business;
2. Current status of application for, and designation as enterprises eligible for assistance in trade adjustment under Article 6 (1) of the Act (hereinafter referred to as "enterprise eligible for assistance in trade adjustment") or employees eligible for assistance in trade adjustment under Article 11 (1) of the Act (hereinafter referred to as "employee eligible for assistance in trade adjustment");
3. Outcomes of trade adjustment assistance policies, such as management conditions of enterprises eligible for assistance in trade adjustment and change of occupation or reemployment of employees eligible for assistance in trade adjustment;
4. Other matters necessary to ascertain the status of trade adjustment for, and trade damage, to domestic industries.
(2) Fact-finding surveys prescribed in paragraph (1) shall be conducted every two years but a non-regular fact-finding survey may be conducted for a particular area or sector, if deemed necessary by the Minister of Trade, Industry and Energy or the Minister of Employment and Labor. <Amended on Feb. 29, 2008; Jul. 12, 2010; Mar. 23, 2013>
(3) The Minster of Trade, Industry and Energy or the Minister of Employment and Labor may require a public official under his or her jurisdiction to visit a site to conduct a fact-finding survey, or may conduct a written or online survey, etc. <Amended on Feb. 29, 2008; Jul. 12, 2010; Mar. 23, 2013>
(4) Where a site survey is to be conducted pursuant to paragraph (3), a survey plan, including the date and time, purpose, details, etc. of the survey, shall be notified to the person to be surveyed by no later than seven days before the survey.
Article 4-2(Consulting Assistance for Stabilizing Management and Securing Competitiveness) #
(1) "Period prescribed by Presidential Decree" in the provisions, with the exception of the subparagraph, of Article 5-2 (1) of the Act shall mean two years as of the date of application for assistance in consulting for stabilizing management and securing competitiveness.
(2) "Period prescribed by Presidential Decree" in the provisions, with the exception of the items, of Article 5-2 (1) 1 of the Act shall mean six months (referring to one year if deemed necessary by the Minister of Trade, Industry and Energy, considering circumstances related to settlement of accounts of an enterprise) within the period applicable under the following classifications, whichever is relevant: <Amended on Mar. 23, 2013>
1. Where the overall sales or production of an enterprise has decreased: Within two years before the date of application for consulting assistance for stabilizing management and securing competitiveness;
2. Where the overall sales or production of an enterprise is deemed to definitely decrease: Within one year after the date of application for consulting assistance for stabilizing management and securing competitiveness.
(3) Cases where "the overall sales or production of an enterprise has decreased or is deemed to definitely decrease by at least a rate prescribed by Presidential Decree" in Article 5-2 (1) 1 (a) of the Act shall mean cases where the overall sales or production during the period prescribed in the provisions, with the exception of the subparagraph, of paragraph (2) has decreased or is deemed certain to decrease by at least 5/100 compared with the corresponding period of an immediately preceding year.
[This Article Newly Inserted on Jun. 29, 2012]
Article 4-3(Procedure for Consulting Assistance for Stabilizing Management and Securing Competitiveness) #
(1) A person who intends to receive consulting assistance pursuant to Article 5-2 (1) of the Act shall submit, to the Minister of Trade, Industry and Energy, an application for consulting assistance for stabilizing management and securing competitiveness prescribed by Ordinance of the Ministry of Trade, Industry and Energy, along with a document verifying that he or she meets the requirements specified in each subparagraph of Article 5-2 (1) of the Act. <Amended on Mar. 23, 2013>
(2) Upon receipt of an application under paragraph (1), the Minister of Trade, Industry and Energy shall ascertain the following matters through administrative data matching under Article 36 (1) of the Electronic Government Act: Provided, That a business registration certificate shall be attached, if the applicant withhold consent to ascertainment of his or her business registration certification: <Amended on Mar. 23, 2013; Apr. 19, 2022>
1. A corporate registration certificate (applicable only where the applicant is a corporation);
2. A business registration certification.
(3) Except as provided in paragraphs (1) and (2), matters necessary for the methods, etc. of providing consulting assistance in stabilizing management and securing competitiveness shall be determined and publicly notified by the Minister of Trade, Industry and Energy. <Amended on Mar. 23, 2013>
[This Article Newly Inserted on Jun. 29, 2012]
Article 5(Criteria for Serious Loss or Damage) #
(1) "Period prescribed by Presidential Decree" in Article 6 (2) 1 of the Act shall mean six months (referring to one year if deemed necessary by the Minister of Trade, Industry and Energy, considering matters such as circumstances related to settlement of accounts of an enterprise). <Amended on Jun. 20, 2008; Oct. 19, 2009; Mar. 23, 2013>
(2) The criteria for determining whether any trade loss or damage constitutes serious loss or damage specified in Article 6 (2) 1 of the Act shall be as follows: <Amended on Jun. 20, 2008; Sep. 6, 2011; Jun. 29, 2012>
1. Where the relevant enterprise has sustained any trade loss or damage, the trade loss or damage in question shall have occurred within two years before the date of application for designation as an enterprise eligible for assistance in trade adjustment, and any of the following requirements shall be satisfied:
(a) The overall sales or production of the relevant enterprise during the period under paragraph (1) has decreased by at least 10/100 compared with the corresponding period of the immediately preceding year;
(b) In overall consideration the operating income, number of employees, operation rate, inventory, etc. of the enterprise, the damage is deemed to amount to the loss or damage specified in item (a);
2. Where the relevant enterprise is likely to sustain trade loss or damage, the following requirements shall be satisfied:
(a) The trade loss or damage in question is expected to occur within one year after the date of application for the designation as an enterprise eligible for assistance in trade adjustment;
(b) In overall consideration of changes in the enterprise's operating income, employment, operation rate, inventory, etc., the damage to overall sales or production is deemed to amount to the trade loss or damage specified in subparagraph 1 (a).
(3) Deleted. <Jun. 20, 2008>
Article 6(Procedures for Designation of Enterprises Eligible for Assistance in Trade Adjustment) #
(1) Any person who intends to be designated as an enterprise eligible for assistance in trade adjustment pursuant to Article 6 (1) of the Act shall submit, to the Minister of Trade, Industry and Energy, an application for designation as an enterprise eligible for assistance in trade adjustment determined by joint Ordinance of the Ministry of Trade, Industry and Energy and the Ministry of Employment and Labor (hereinafter referred to as "joint Ordinance"), along with documents verifying facts falling under Article 6 (2) 1 and 2 of the Act: <Amended on Feb. 29, 2008; Jun. 20, 2008; Jul. 12, 2010; Mar. 23, 2013; Jul. 6, 2016>
1. Deleted; <Jul. 6, 2016>
2. Deleted. <Jul. 6, 2016>
(2) Deleted. <Jul. 6, 2016>
(3) Upon receipt of an application for designation as an enterprise eligible for assistance in trade adjustment under paragraph (1), the Minister of Trade, Industry and Energy shall determine whether to designate or not within 30 days from the date of receipt of documents: Provided, That in cases where it is deemed necessary for extending the deliberation period to verify requirements prescribed in Article 6 (2) 1 and 2 of the Act, its period may be extended by up to 30 days. <Amended on Jul. 6, 2016>
(4) Deleted. <Jun. 20, 2008>
(5) Deleted. <Oct. 19, 2009>
(6) The Minister of Trade, Industry and Energy shall, in cases where the designation has been determined pursuant to paragraph (3), notify the applicant and the Minister of Employment and Labor of his or her decision in writing. <Amended on Jul. 6, 2016>
(7) Details necessary for verifying requirements prescribed in Article 6 (2) 1 and 2 of the Act shall be determined and publicly notified by the Minister of Trade, Industry and Energy. <Amended on Jul. 6, 2016>
(8) "Period prescribed by Presidential Decree" in Article 6 (1) of the Act means two years as of the date of filing an application for designation as an enterprise eligible for assistance in trade adjustment. <Newly Inserted on Jun. 20, 2008>
(9) "The same kind of commodity or service" in Article 6 (2) 2 of the Act means the following commodity or service: <Newly Inserted on Oct. 19, 2009; Mar. 23, 2013>
1. A commodity recognized by the Minister of Trade, Industry and Energy that has identical physical characteristics (including components), quality, use and distribution route and the same item code under the harmonized tariff and statistical schedules prescribed in Article 98 of the Enforcement Decree of the Customs Act, or a commodity equivalent thereto;
Article 7(Procedures for Applying for Consulting Assistance) #
(1) An enterprise eligible for assistance in trade adjustment shall, where it intends to receive consulting assistance prescribed in Article 8 (1) of the Act, submit an application for consulting assistance to the Minister of Trade, Industry and Energy, as prescribed by joint Ordinance, within three years after being designated as an enterprise eligible for assistance in trade adjustment.
(2) Except for matters provided for in paragraph (1), detailed matters necessary for the methods of and procedures for consulting assistance shall be determined and publicly notified by the Minister of Trade, Industry and Energy.
[This Article Wholly Amended on Jul. 6, 2016]
Article 8(Procedures for Filing an Application for Supporting through Loans) #
(1) An enterprise eligible for assistance in trade adjustment shall, in cases of receiving the support through loans prescribed in Article 9 (1) of the Act, submit an application for the support of loans and the trade adjustment plan (hereinafter referred to as the “trade adjustment plan”) under Article 9 (2) of the Act to the Minister of Trade, Industry and Energy, as prescribed by joint Ordinance, within three years after being designated as an enterprise eligible for assistance in trade adjustment.
(2) The performance period for the trade adjustment plan submitted under paragraph (1) shall be within five years.
(3) “Funds prescribed by Presidential Decree” in Article 9 (3) 1 shall mean each of the following funds:
1. Funds for stabilizing business for eliminating temporary imbalance in supply and demand of funds due to restructuring, etc.;
2. Funds necessary for the purchase and substitution of systems and equipment related to informatization;
3. Funds necessary for the technology commercialization;
4. Funds necessary for developing domestic and overseas markets.
(4) “Period prescribed by Presidential Decree” in Article 9 (5) means six months.
(5) Except for matters provided for in paragraph (1) through (4), detailed matters necessary for the standard of review concerning the suitability of trade adjustment plans, criteria for loans, subjects, scale, methods, procedures, etc. shall be determined and publicly notified by the Minister of Trade, Industry and Energy.
[This Article Wholly Amended on Jul. 6, 2016]
Article 8-2 #
Deleted. <Jun. 29, 2012>
Article 9(Methods and Application Procedures for Investment in Institutional Private Collective Vehicles for Corporate Restructuring) #
(1) "Rate ... prescribed by Presidential Decree" in Article 10 (1) of the Act means a rate classified as follows: <Amended on Jun. 20, 2008; Oct. 19, 2009; Oct. 23, 2015; Jul. 6, 2016; Oct. 21, 2021>
1. Where the ratio of investment (hereinafter referred to as “investment ratio”) in an enterprise eligible for assistance in trade adjustment to the investment by an institutional private collective vehicle for corporate restructuring (hereinafter referred to as “institutional private collective vehicle for corporate restructuring”) under Article 10 (1) of the Act is at least 50/100: Up to 50/100 of the investment;
2. Where the investment ratio is at least 30/100, and less than 50/100: Up to 30/100 of the investment;
3. Where the investment ratio is less than 30/100: Up to 10/100 of the investment.
(2) Where a managing member prescribed in Article 249-14 of the Financial Investment Services and Capital Markets Act wishes to receive investment from the Government in relation to an institutional private collective vehicle for corporate restructuring pursuant to Article 10 (1) of the Act, he or she shall submit an application for support through investment to the Minister of Trade, Industry and Energy within five years after an enterprise in which the relevant institutional private collective vehicle intends to make an investment is designated as an enterprise eligible for assistance in trade adjustment, as prescribed by joint Ordinance. <Amended on Feb. 29, 2008; Jun. 20, 2008; May 6, 2009; Oct. 19, 2009; Mar. 23, 2013; Oct. 23, 2015; Jul. 6, 2016; Oct. 21, 2021>
(3) Upon receipt of an application filed under paragraph (2), the Minister of Trade, Industry and Energy shall examine the feasibility of the investment plan, etc. to determine whether to make an investment, and notify the applicant of the outcomes of the examination in writing. <Amended on Feb. 29, 2008; Mar. 23, 2013>
(4) Upon receipt of an investment made under paragraph (3), a managing member of an institutional private collective vehicle for corporate restructuring shall submit a settlement statement of the relevant private collective vehicle for each fiscal year to the Minister of Trade, Industry and Energy within three months after the end of each fiscal year, along with a written audit opinion prepared by a certified public accountant. <Amended on Feb. 29, 2008; May 6, 2009; Oct. 19, 2009; Mar. 23, 2013; Oct. 23, 2015; Jul. 6, 2016; Oct. 21, 2021>
Article 10(Requirements for Designation as Employees Eligible for Assistance in Trade Adjustment) #
(1) "Representative of employees" in Article 11 (1) of the Act shall mean persons falling under any of the following: <Amended on Jul. 12, 2010>
1. Where there is a labor union consisting of a majority of employees, the representative of the labor union;
2. Where there is no labor union consisting of a majority of employees, the person who represents the majority of the employees of the relevant enterprise;
3. Where the relevant enterprise has discontinued business, a person falling under subparagraph 1 or 2 before the discontinuation of business;
4. Where the relevant enterprise has discontinued business and there is no person falling under subparagraph 1 or 2 before the discontinuation of business, a person who meets the criteria determined and publicly notified by the Minister of Employment and Labor.
(2) "Person who is highly likely to lose his or her job" under Article 11 (2) 1 of the Act shall mean a person who has received an advance notice of dismissal under Article 26 of the Labor Standards Act or has received any other advance notice of dismissal in a manner equivalent thereto. <Amended on Jun. 29, 2007>
(3) "Working hours have been ... shortened by at least hours prescribed by Presidential Decree" in Article 11 (2) 1 of the Act means where the average working hours per week are shorter than the contractual working hours specified in the Labor Standards Act during a period of at least two months and have been shortened by at least 30/100 compared with the immediately preceding six months. <Amended on Jun. 29, 2007; Jun. 20, 2008; Apr. 19, 2022>
(4) The case where "working hours are highly likely to be shortened" in Article 11 (2) 1 of the Act shall mean the case where a collective bargaining agreement under the Trade Union and Labor Relations Adjustment Act or a labor contract under the Labor Standards Act, with a provision setting forth shortened working hours specified in paragraph (3), has been entered into, or where working hours are scheduled to be shortened in accordance with rules of employment under the Labor Standards Act or in an equivalent manner. <Amended on Oct. 19, 2009>
(5) "Enterprise that supplies goods to an enterprise eligible for assistance in trade adjustment" in Article 11 (2) 2 (b) of the Act shall mean an enterprise whose sales or production falling under any of the following accounts for at least 20/100 of its total sales or production: <Amended on Jun. 20, 2008>
Article 11(Procedure for Designation of Employees Eligible for Assistance in Trade Adjustment) #
(1) A person who requests designation of an employee as an employee eligible for assistance in trade adjustment pursuant to Article 11 (1) of the Act shall submit an application for designation of an employee eligible for assistance in trade adjustment to the Minister of Employment and Labor within two years from the date on which the relevant employee comes to fall under Article 11 (2) 1 of the Act as prescribed by joint Ordinance. <Amended on Jun. 20, 2008; Jul. 12, 2010; Jul. 6, 2016>
(2) The Minister of Employment and Labor shall notify, in writing, the person who has submitted the application pursuant to paragraph (1) of whether the relevant employee has been designated as an employee eligible for assistance in trade adjustment, within one month from the date of receipt of the application. <Amended on Jun. 20, 2008; Jul. 12, 2010>
[Title Amended on Jun. 20, 2008]
Article 12 #
Deleted. <Jul. 6, 2016>
Article 13 #
Deleted. <Jun. 29, 2012>
Article 14 #
Deleted. <Oct. 19, 2009>
Article 15 #
Deleted. <Oct. 19, 2009>
Article 16 #
Deleted. <Oct. 19, 2009>
Article 17 #
Deleted. <Jul. 6, 2016>
Article 18 #
Deleted. <Jul. 6, 2016>
Article 18-2(Designation of Enterprises Eligible for Assistance for Trade Damage) #
(1) Where the Minister of Trade, Industry and Energy has a consultation on necessary matters, etc. regarding designation prescribed in Article 14 (1) of the Act with the head of a relevant central administrative agency under paragraph (2) of that Article, he or she shall undergo deliberation by the Committee on Domestic Measures for Trade Treaties (hereinafter referred to as the "Committee on Domestic Measures for Trade Treaties") established under the Regulations on the Committee on Domestic Measures for Trade Treaties.
(2) The head of a relevant central administrative agency may request the Minister of Trade, Industry and Energy to submit agenda items regarding the principles and directions of assistance provided under Article 14 (1) of the Act and other matters to the Ministerial Meeting on International Economic Affairs under the Regulations on the Ministerial Meeting on International Economic Affairs.
(3) An enterprise that intends to be designated as an enterprise which needs assistance under Article 14 (1) of the Act shall submit an application for designation as an enterprise eligible for assistance for trade damage in the form prescribed by joint Ordinance, along with documents evidencing that the enterprise meets all of the requirements prescribed in the subparagraphs of Article 14 (3) of the Act.
(4) Upon receipt of an application for designation as an enterprise eligible for assistance for trade damage under paragraph (3), the Minister of Trade, Industry and Energy shall determine whether to designate the relevant enterprise within 30 days from the date of receipt of the application: Provided, That such period may be extended by up to 30 days only once where there is any unavoidable reason.
(5) Where the Minister of Trade, Industry and Energy determines whether to designate an enterprise under paragraph (4), he or she shall inform in writing the relevant applicant and the Minister of Employment and Labor of the details of the determination.
(6) Where the Minister of Trade, Industry and Energy intends to adjust the period for calculating damage, and the rate of reduction in sales and production volume under the former part of Article 14 (4) of the Act, he or she shall undergo deliberation by the Committee on Domestic Measures for Trade Treaties.
(7) Where the Minister of Trade, Industry and Energy deems it necessary that an enterprise designated as an enterprise which needs assistance for trade damage under Article 14 (1) of the Act (hereinafter referred to as "enterprise eligible for assistance for trade damage") be provided with additional assistance to stabilize management, retain employment, develop markets, ensure supply of and demand for raw materials, improve productivity, and other matters, he or she may request the head of a relevant administrative agency to take measures following deliberation by the Committee on Domestic Measures for Trade Treaties.
Article 18-3(Requirements for Designation of Employees Eligible for Assistance for Trade Damage) #
[This Article Newly Inserted on Apr. 19, 2022]
Article 18-4(Procedures for Designation of Employees Eligible for Assistance for Trade Damage) #
(1) A person who intends to file an application for designation as an employee receiving assistance for trade damage under Article 15 (1) of the Act shall submit an application for designation as an employee eligible for assistance for trade damage to the Minister of Employment and Labor within two years from the date he or she meets the requirements prescribed in subparagraph 1 of that paragraph, as prescribed by joint Ordinance.
(2) Upon receipt of an application for designation as an employee eligible for assistance for trade damage under paragraph (1), the Minister of Employment and Labor shall inform the relevant applicant of whether he or she is designated as such within 30 days from the date of receipt of the application.
[This Article Newly Inserted on Apr. 19, 2022]
Article 19(Organization and Operation of Trade Adjustment Support Center) #
(1) In order to efficiently perform affairs related to support for enterprises eligible for assistance in trade adjustment pursuant to Article 16 of the Act, the Minister of Trade, Industry and Energy may establish, in the trade adjustment support center (hereinafter referred to as "support center"), a task force in charge of trade adjustment assistance mainly consisting of the head of the support center and officers and employees of the Korea SMEs and Startups Agency, and a general consulting office mainly consisting of dispatched employees prescribed in paragraph (2). <Amended on Feb. 29, 2008; Mar. 23, 2013; Apr. 2, 2019>
(2) If necessary for performing affairs related to support for enterprises eligible for assistance in trade adjustment, the Minister of Trade, Industry and Energy may request a corporation or organization relating to trade adjustment assistance to dispatch its employees to the support center. <Amended on Feb. 29, 2008; Mar. 23, 2013>
(3) The head of the support center shall prepare and report the outcomes of performance of trade adjustment assistance for the preceding year and an implementation plan for trade adjustment assistance for the current year to the Minister of Trade, Industry and Energy by the end of the February of each year, and shall report quarterly performance outcomes to the Minster of Trade, Industry and Energy within one month after each quarter. <Amended on Feb. 29, 2008; Mar. 23, 2013>
(4) The Minister of Trade, Industry and Energy may subsidize the support center with expenses incurred in efficiently performing affairs related to support for enterprises eligible for assistance in trade adjustment under Article 16 of the Act. <Amended on Feb. 29, 2008; Mar. 23, 2013>
(5) Except as prescribed in paragraphs (1) through (4), matters necessary for the organization and operation of the support center shall be determined by the head of the support center. <Amended on Jul. 6, 2016>
Article 19-2(Designation of Institutions Dedicated to Providing Assistance for Trade Damage) #
(1) Pursuant to Article 16-2 (1) of the Act, the Minister of Trade, Industry and Energy or the Minister of Employment and Labor may designate the following institutions or organizations as an institution dedicated to providing assistance to enterprises eligible for assistance for trade damage or employees eligible for assistance for trade damage following deliberation by the Committee on Domestic Measures for Trade Treaties:
1. A public institution under Article 4 of the Act on the Management of Public Institutions;
2. A government-funded research institute under the Act on the Establishment, Operation and Fostering of Government-Funded Research Institutes;
3. Other institutions or organizations deemed by the Minister of Trade, Industry and Energy or the Minister of Employment and Labor to have professional personnel and dedicated organization necessary to support response to trade damage.
(2) Where an institution designated as a dedicated institution under paragraph (1) (hereinafter referred to as "institution dedicated to providing assistance for trade damage") falls under any of the following, the Minister of Trade, Industry and Energy or the Minister of Employment may revoke its designation: Provided, That in cases falling under subparagraph 1, the designation shall be revoked:
1. Where the institution is designated by fraud or other improper means;
2. Where the institution fails to meet the requirements for designation;
3. Where the institution is no longer able to perform the affairs of an institution dedicated to providing assistance for trade damage for other serious reasons in relation to public interest.
(3) Where the Minister of Trade, Industry and Energy or the Minister of Employment designates an institution dedicated to providing assistance for trade damage under paragraph (1) or revokes such designation under paragraph (2), he or she shall post such fact on the website of the Ministry of Trade, Industry and Energy or the Ministry of Employment and Labor.
(4) Where necessary for response to trade damage, the head of an institution dedicated to providing assistance for trade damage may request the head of a relevant administrative agency to provide cooperation.
(5) The head of an institution dedicated to providing assistance for trade damage shall submit records of support provided to enterprises eligible for assistance for trade damage or employees eligible for assistance for trade damage to the Minister of Trade, Industry and Energy or the Minister of Employment and Labor.
Article 20(Required Period to Revoke Designation of Enterprises Eligible for Assistance in Trade Adjustment and Enterprises Eligible for Assistance for Trade Damage) #
(1) Deleted. <Jul. 6, 2016>
(2) "Period prescribed by Presidential Decree" in Article 17 (1) 4 of the Act means three months. <Amended on Jun. 20, 2008>
[Title Amended on Apr. 19, 2022]
Article 21(Criteria for Additional Collection) #
(1) The Minister of Trade, Industry and Energy and the Minister of Employment and Labor shall collect an additional amount of up to 10/100 of a subsidy obtained by fraud or other improper means from a person who has obtained the subsidy under the Act by fraud or other improper means, pursuant to Article 18 (1) of the Act. <Amended on Feb. 29, 2008; Jul. 12, 2010; Mar. 23, 2013>
(2) Details of the procedure for returning a subsidy or collecting an additional amount under Article 18 (1) of the Act and those of the criteria for additional collection under paragraph (1) shall be determined and publicly notified by the Minister of Trade, Industry and Energy and the Minister of Employment and Labor, respectively. <Amended on Feb. 29, 2008; Jul. 12, 2010; Mar. 23, 2013>
Article 22(Order for Reporting) #
(1) The Minister of Trade, Industry and Energy may require an enterprise eligible for assistance in trade adjustment, an enterprise eligible for assistance for trade damage, and an institutional private collective vehicle for corporate restructuring to report the following matters pursuant to Article 19 (2) of the Act: <Amended on Feb. 29, 2008; Jun. 20, 2008; May 6, 2009; Oct. 19, 2009; Mar. 23, 2013; Oct. 23, 2015; Jul. 6, 2016; Oct. 21, 2021; Apr. 19, 2022>
1. The status of implementation of a trade adjustment plan or a plan for response to trade damage;
2. Implementation and outcomes of an investment by an institutional private collective vehicle for corporate restructuring;
3. Other matters necessary for implementing trade adjustment assistance policies or trade damage assistance policies.
(2) Under Article 19 (3) of the Act, the Minister of Employment and Labor may require a person who conducts his or her business of helping employees eligible for assistance in trade adjustment or employees eligible for assistance for trade damage to swiftly change their occupations or get re-employed to report the following matters: <Amended on Jun. 20, 2008; Jul. 12, 2010; Apr. 19, 2022>
1. The status of performance of activities relating to prompt change of occupation or reemployment of employees eligible for assistance in trade adjustment or employees eligible for assistance for trade damage;
2. Other matters necessary for implementing policies for supporting employees eligible for assistance in trade adjustment or employees eligible for assistance for trade damage.
(3) An enterprise eligible for assistance in trade adjustment or an enterprise eligible for assistance for trade damage having received the support through loans prescribed in Article 9 (1) of the Act shall submit the report on the status of implementation of a trade adjustment plan or a plan for response to trade damage prescribed in paragraph (1) 1 to the Minister of Trade, Industry and Energy within 12 months after the end of each fiscal year during the period of implementation of the trade adjustment plan or the plan for response to trade damage as specified in Article 8 (2). <Amended on Feb. 29, 2008; Jun. 20, 2008; Mar. 23, 2013; Jul. 6, 2016; Apr. 19, 2022>
Article 23(Delegation of Authority) #
The Minister of Employment and Labor shall delegate his or her authority over the following matters to the head of a regional employment and labor office pursuant to Article 22 (2) of the Act: <Amended on Jun. 20, 2008; Jul. 12, 2010; Apr. 19, 2022>
1. Designation of employees eligible for assistance in trade adjustment under Article 11 (2) of the Act or employees eligible for assistance for trade damage under Article 15 (1) of the Act;
2. Provision of information necessary for change of occupation, etc. and consulting under Article 12 (1) of the Act (including cases applicable mutatis mutandis in Article 15 (3) of the Act);
3. Support for change of occupation and re-employment under Article 13 of the Act (including cases applicable mutatis mutandis in Article 15 (3) of the Act);
4. Revocation of designation under Article 17 (2) of the Act;
5. Recovery of a subsidy or collection of an additional amount under Article 18 (1) of the Act;
6. Request for reporting under Article 19 (3) of the Act;
7. Entrance, inspections or inquiries under Article 20 (2) of the Act;
8. Hearings under Article 21 of the Act;
9. Imposition and collection of administrative fines under Article 24 (1) and (2) of the Act.
Article 24(Entrustment of Affairs) #
(1) The Minister of Trade, Industry and Energy shall entrust the following affairs to the Korea SMEs and Startups Agency established under the Small and Medium Enterprises Promotion Act pursuant to Article 23 (1) of the Act: <Amended on Feb. 29, 2008; Jun. 20, 2008; Oct. 19, 2009; Jul. 12, 2010; Jun. 29, 2012; Mar. 23, 2013; Jul. 6, 2016; Apr. 2, 2019; Apr. 19, 2022>
1. Assistance concerning consulting on business management, accounting, legal affairs, technology, production, etc. necessary for trade adjustment prescribed in Article 5-2 (1) of the Act;
2. Acceptance of applications for designation as enterprises eligible for assistance in trade adjustment prescribed in Article 6 (1) of the Act;
3. Affairs concerning verification of requirements prescribed in Article 6 (2) 1 and 2;
4. Provision of information necessary for trade adjustment prescribed in Article 7 of the Act;
5. Consulting assistance for enterprises eligible for assistance in trade adjustment prescribed in Article 8 (1) of the Act;
6. Loan support for an enterprise eligible for assistance in trade adjustment prescribed in Article 9 (1) of the Act;
7. Notification to the Minister of Employment and Labor under Article 9 (3) of the Act;
7-2 Affairs concerning the review as to whether the trade adjustment plan is appropriate under Article 9 (4) of the Act;
8. Receipt of a subsidy returned or the additionally collected amount prescribed in Article 18 (1) of the Act;
9. Acceptance of matters reported under Article 19 (2) of the Act;
10. Acceptance of applications for support through investment prescribed in Article 9 (2);
11. Examination of the feasibility of an investment plan and notification of the outcomes of such examination administered under Article 9 (3);
12. Acceptance of settlement statements for each fiscal year under Article 9 (4).
(2) The Minister of Trade, Industry and Energy shall entrust the following affairs to an institution dedicated to providing assistance for trade damage under Article 23 (1) of the Act: <Newly Inserted on Apr. 19, 2022>
1. Acceptance of applications for designation of enterprises eligible for assistance for trade damage under Article 14 (1) of the Act;
Article 24-2(Management of Personally Identifiable Information) #
The Minister of Trade, Industry and Energy (including a person entrusted with the affairs of the Minister of Trade, Industry and Energy under Article 24 (2)) and the Minister of Employment and Labor (including a person delegated with the authority of the Minister of Employment and Labor under Article 23) may manage data containing resident registration numbers prescribed in subparagraph 1 of Article 19 of the Enforcement Decree of the Personal Information Protection Act, where unavoidable to perform the following affairs:
1. Affairs regarding designation of enterprises eligible for assistance in trade adjustment under Article 6 of the Act;
2. Affairs regarding designation of employees eligible for assistance in trade adjustment under Article 11 of the Act;
3. Affairs regarding designation of enterprises eligible for assistance for trade damage under Article 14 of the Act;
4. Affairs regarding designation of employees eligible for assistance for trade damage under Article 15 of the Act.
[This Article Newly Inserted on Apr. 19, 2022]
Article 25(Criteria for Imposing Administrative Fines) #
The criteria for imposing administrative fines under Article 24 (1) of the Act shall be as specified in attached Table 2.
[This Article Newly Inserted on Apr. 5, 2011]