Article 1(Purpose) #
The purpose of this Decree is to prescribe matters mandated by the Act on Support for Employment and Social Activities of Senior Citizens and matters necessary for the enforcement thereof.
Article 2(Age and other requirements for those eligible for support for senior citizens’ employment and social activities) #
(1) "Person who meets the age and other requirements prescribed by Presidential Decree" in subparagraph 5 of Article 2 of the Act on Support for Employment and Social Activities of Senior Citizens (hereinafter referred to as the "Act") means a person who is 65 years of age or older and meets all of the following requirements:
1. He or she shall be in such good health as to be able to participate in employment and social activities for senior citizens;
2. He or she shall have the capacity to engage in employment for senior citizens or the ability to participate in social activities for senior citizens;
3. He or she shall meet other requirements recognized by the Minister of Health and Welfare as necessary for engaging in employment and social activities for senior citizens, such as income, work experience, and qualifications.
(2) Notwithstanding paragraph (1), the eligible age for participation in the following projects, as determined by the Minister of Health and Welfare after consulting with the Minister of Employment and Labor, shall be 60 years of age or older:
1. Employment support and on-the-job training support projects under Article 10 of the Act;
2. Support projects for establishing enterprises employing senior citizens under Article 11 of the Act;
3. Support projects for establishing and operating community project groups under Article 12 of the Act;
4. Support projects for senior citizen-friendly enterprises and institutions under Article 13 of the Act;
5. Public-interest activity projects for senior citizens under Article 15 of the Act;
6. Capacity utilization projects for senior citizens under Article 16 of the Act.
Article 3(Formulation of annual implementation plans) #
(1) In order to efficiently formulate the annual implementation plan under Article 6 (1) of the Act (hereinafter referred to as "implementation plan"), the Minister of Health and Welfare shall establish guidelines for the formulation of the implementation plan for the following year and notify the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, or a Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor") of such guidelines by December 31 each year.
(2) Each Mayor/Do Governor shall, in accordance with the guidelines referred to in paragraph (1), formulate the implementation plan for the relevant year and submit it to the Minister of Health and Welfare by January 31 each year under Article 6 (2) of the Act.
(3) When formulating the implementation plan under paragraph (2), the Mayor/Do Governor shall seek the opinions of the head of a Si/Gun/Gu (referring to the head of an autonomous Gu).
(4) The Minister of Health and Welfare shall compile the implementation plans submitted by each Mayor/Do Governor under paragraph (2) and formulate the implementation plan for the relevant year by the end of February.
(5) If a Mayor/Do Governor adjusts an implementation plan at the request of the Minister of Health and Welfare under Article 6 (2) of the Act, the Mayor/Do Governor shall, without delay, notify the Minister of Health and Welfare of the details thereof.
Article 4(Establishment and operation of Dedicated Employment Agencies for Senior Citizens) #
(1) In relation to the establishment and operation of dedicated employment agencies for senior citizens under Article 9 (1) of the Act (hereinafter referred to as "Dedicated Employment Agencies for Senior Citizens"), the Minister of Health and Welfare may establish and operate a Central Dedicated Employment Agency for Senior Citizens, and the head of a local government may establish and operate a Local Dedicated Employment Agency for Senior Citizens.
(2) A Local Dedicated Employment Agency for Senior Citizens established and operated under paragraph (1) shall take into account the characteristics of the relevant region when implementing the projects specified in each subparagraph of Article 9 (3) of the Act.
(3) Except as provided in paragraphs (1) and (2), details necessary for operating a Dedicated Employment Agency for Senior Citizens shall be determined by the Minister of Health and Welfare or the head of a local government.
Article 5(Entrusted operation of Dedicated Employment Agencies for Senior Citizens) #
(1) The head of a local government entrusts all or part of the operation of Dedicated Employment Agencies for Senior Citizens under Article 9 (2) of the Act to a corporation or an organization that has experience in implementing projects to support senior citizens’ employment and social activities (hereinafter referred to as "support projects for senior citizens' employment and social activities") or has personnel, etc. exclusively responsible for senior citizens' employment.
(2) The head of a local government may consider the following matters when selecting a corporation, organization, etc. to which he or she intends to entrust the operation of Dedicated Employment Agencies for Senior Citizens under paragraph (1):
1. Results of operation of support projects for senior citizens' employment and social activities in the immediately preceding year (where there is no performance of operation in the immediately preceding year, referring to the performance of similar projects);
2. Status of human resources and organizations to perform support projects for senior citizens' employment and social activities;
3. Specificity of support project plans for senior citizens' employment and social activities.
(3) Where intending to fully or partially entrust the operation of a Dedicated Employment Agency for Senior Citizens under paragraph (1), the tasks to be entrusted, conditions of entrustment, methods of selecting entrusted institutions, procedures for applying for entrustment, application documents, etc. shall be publicly announced on the website, etc. of the entrusting agency for at least 2 weeks.
(4) If the head of a local government has fully or partially entrusted the operation of a Dedicated Employment Agency for Senior Citizens, he or she shall publicly announce the entrusted agency, entrusted tasks, conditions of entrustment, etc. on the website of the entrusting agency.
(5) Except as provided in paragraphs (1) through (4), details necessary for the operation of a Dedicated Employment Agency for Senior Citizens shall be determined by the head of a local government.
Article 6(Criteria for employment support) #
(1) When selecting persons eligible for employment support under Article 10 (1) of the Act, the Minister of Health and Welfare shall take into consideration work ability, intention to seek employment, the necessity of Government support, etc.
(2) The details of employment support for senior citizens under Article 10 (1) of the Act shall be as follows:
1. Provision of information on employers;
2. Employment counseling in consideration of the health status, aptitude, abilities, etc. of senior citizens who have applied for employment support;
3. Provision of knowledge and job training for employment;
4. Job placement suitable to the capabilities of senior citizens who have applied for employment support;
5. Other matters deem necessary by the Minister of Health and Welfare for employment support of senior citizens.
(3) A senior citizen who intends to receive employment support under Article 10 (1) of the Act shall submit an application prescribed by Decree of the Ministry of Health and Welfare, stating the desired working area, occupation, type of work, etc. to the Minister of Health and Welfare.
(4) Except as provided in paragraphs (1) through (3), matters necessary for employment support shall be determined by the Minister of Health and Welfare.
Article 7(Standards for support for on-the-job training) #
(1) An enterprise, etc. intending to participate in a support project for on-the-job training under Article 10 (2) of the Act shall meet all of the following standards:
1. It shall engage in a type of business suitable for utilizing the capabilities of senior citizens;
2. It shall comply with labor-related statutes or regulations, such as the Labor Standards Act, the Occupational Safety and Health Act, and the Minimum Wage Act;
3. It shall have plans to employ senior citizens on a long-term basis and utilize their capabilities;
4. It shall meet other requirements deemed necessary by the Minister of Health and Welfare for on-the-job training for senior citizens.
(2) The Minister of Health and Welfare may provide the following support for enterprises, etc. participating in support projects for on-the-job training under Article 10 (2) of the Act:
1. Promotion of job openings for the recruitment of senior citizens who will participate in on-the-job training;
2. Administrative support, such as educational support, for improving the job performance of senior citizens participating in on-the-job training;
3. Other matters the Minister of Health and Welfare deems necessary to support participating enterprises, etc.
(3) An enterprise, etc. intending to participate in a support project for on-the-job training under Article 10 (2) of the Act shall submit an application prescribed by Decree of the Ministry of Health and Welfare to the Minister of Health and Welfare, along with documents prescribed by that Decree, such as materials verifying that it meets the standards prescribed in the subparagraphs of paragraph (1).
(4) Except as provided in paragraphs (1) through (3), matters necessary for support for on-the-job training shall be determined by the Minister of Health and Welfare.
Article 8(Designation, and revocation of designation, of senior citizen-friendly enterprises and institutions) #
(1) A person who intends to be designated as a senior-friendly enterprise or institution under Article 13 (2) of the Act shall submit an application prescribed by Decree of the Ministry of Health and Welfare, together with the following documents, to the Minister of Health and Welfare:
1. A business plan for creating jobs for senior citizens and improving their working environment;
2. Documents verifying financial status, such as the statement of financial position and income statement for the immediately preceding year;
3. Other documents prescribed by Decree of the Ministry of Health and Welfare.
(2) When the Minister of Health and Welfare revokes the designation of a senior citizen-friendly enterprise or institution under Article 14 (1) of the Act, he or she shall publicly announce such fact on the website of the Ministry of Health and Welfare.
(3) If the Minister of Health and Welfare revokes the designation of a senior citizen-friendly enterprise or institution under Article 14 (1) of the Act, he or she shall require the relevant enterprise or institution to remove the mark prescribed in Article 13 (4) of the Act.
Article 9(Matters necessary for implementing public-interest activity projects for senior citizens) #
"Matters prescribed by Presidential Decree" in Article 15 (3) 3 of the Act means the following:
1. The assessed income defined in subparagraph 4 of Article 2 of the Basic Pension Act;
2. Whether a person falls under the second-lowest income bracket as defined in subparagraph 10 of Article 2 of the National Basic Living Security Act;
3. Whether a person participates in a government-funded employment program under Article 13-2 (1) of the Framework Act on Employment Policy;
4. Benefits under Article 28 of the Public Officials Pension Act;
5. Benefits under Article 33 of the Pension for Private School Teachers and Staff Act (excluding disaster compensation benefits);
6. Benefits under Article 7 of the Military Pension Act;
7. Benefits under Article 24 (2) of the Special Post Offices Act;
8. Other matters the Minister of Health and Welfare deems necessary for verifying eligibility to participate in public-interest activity projects for senior citizens.
Article 10(Institutions subject to priority purchase of products manufactured by senior citizens) #
"State, local governments, and public institutions prescribed by Presidential Decree" in Article 18 of the Act means the State, local governments, and public institutions as defined in subparagraph 2 of Article 2 of the Act on Facilitation of Purchase of Small and Medium Enterprise-Manufactured Products and Support for Development of Their Markets.
Article 11(Establishment and operation of information system) #
(1) The Minister of Health and Welfare may establish and operate an information system under Article 21 of the Act (hereinafter referred to as the "information system") to perform the following business affairs:
1. Employment support for senior citizens under Article 10 of the Act;
2. Support for the establishment of enterprises employing senior citizens under Article 11 of the Act;
3. Support for the establishment and operation of community project groups under Article 12 of the Act;
4. Designation of senior citizen-friendly enterprises and institutions under Article 13 of the Act;
5. Revocation of designation of senior citizen-friendly enterprises and institutions under Article 14 of the Act;
6. Support for public-interest activity projects for senior citizens under Article 15 of the Act;
7. Support for capacity utilization projects for senior citizens under Article 16 of the Act;
8. Priority purchase of products manufactured by senior citizens under Article 18 of the Act;
9. Education for participants in support projects for senior citizens’ employment and social activities and staff members working for Dedicated Employment Agencies for Senior Citizens under Article 19 of the Act;
10. Protection of participants in support projects for senior citizens’ employment and social activities under Article 23 of the Act;
11. Other affairs deemed necessary by the Minister of Health and Welfare for the efficient processing of data and information necessary for senior citizens’ employment and social activities and the digitization of recording and management of such affairs.
(2) The Minister of Health and Welfare may request the relevant central administrative agencies, local governments, and relevant public institutions and organizations to provide data and information necessary for establishing and operating the information system, and may retain and utilize the relevant data and information solely for the requested purpose. In such cases, the relevant central administrative agencies, etc. shall cooperate with such request unless there is good cause.
(3) The Minister of Health and Welfare shall formulate necessary policy measures, such as implementing safeguards to ensure safety, providing education, and designating a privacy officer, to protect personal information throughout the entire process of establishing and operating the information system.
Article 12(Request for data) #
The Minister of Health and Welfare may request the provision of the following data or information to efficiently implement support projects for senior citizens' employment and social activities under Article 25 (1) of the Act:
1. Data or information on participants in government-funded employment programs under Article 13-2 of the Framework Act on Employment Policy;
2. Data or information on recipients of basic pensions as defined in subparagraph 3 of Article 2 of the Basic Pension Act;
3. Data or information on recipients aged 65 or older among recipients as defined in subparagraph 2 of Article 2 of the National Basic Living Security Act.
Article 13(Delegation and entrustment of authority) #
(1) The Minister of Gender Equality and Family and the Minister of Employment and Labor shall delegate the following authorities to Mayors/Do Governors under Article 27 (1) of the Act:
1. Conducting fact-finding surveys under Article 7 (1) of the Act, limited to the jurisdiction of the relevant local government;
2. Providing information, counseling, education, etc. for recruitment and job searches and other support for employment under Article 10 (1) of the Act, targeting senior citizens within the competent local jurisdiction.
(2) The Minister of Health and Welfare shall entrust the following tasks to the Korea Labor Force Development Institute for the Aged referred to in Article 24 of the Act under Articles 27 (3) of the Act:
1. Conducting fact-finding surveys under Article 7 of the Act (excluding fact-finding surveys under paragraph (1) 1;
2. Providing information, counseling, education, etc. for recruitment and job searches and other support for employment under Article 10 (1) of the Act (excluding employment support under paragraph (1) 2);
3. Operating support projects for on-the-job training under Article 10 (2) of the Act;
4. Operating support projects for the establishment of enterprises employing senior citizens under Article 11 (1) of the Act;
5. Supporting the operation of community project groups under Article 12 (1) of the Act;
6. Designating senior citizen-friendly enterprises and institutions under Article 13 of the Act;
7. Operating public-interest activity projects for senior citizens under Article 15 (1) of the Act;
8. Operating capacity utilization projects for senior citizens under Article 16 (1) of the Act;
9. Educating participants in support projects for senior citizens’ employment and social activities and staff members of Dedicated Employment Agencies for Senior Citizens under Article 19 (1) of the Act;
10. Promoting support projects for senior citizens’ employment and social activities under Article 20 of the Act;
11. Establishing and operating the information system under Article 21 (1) of the Act and providing information under paragraph (2) of that Article;
12. Conducting research and surveys under Article 22 of the Act;
Article 14(Processing of sensitive information and personally identifiable information) #
The Minister of Health and Welfare (where the relevant authority is delegated or entrusted, including a person entrusted or delegated with such authority) may process information on health under Article 23 of the Personal Information Protection Act, data that constitute a criminal history record under subparagraph 2 of Article 18 of the Enforcement Decree of that Act, and data containing resident registration numbers or alien registration numbers under subparagraph 1 or 4 of Article 19 of that Decree, if it is unavoidable to perform the following affairs; provided, in cases falling under subparagraph 1, 2, 4, 5, 8, or 9, information on health under Article 23 of the Personal Information Protection Act and data that constitute a criminal history record under subparagraph 2 of Article 18 of the Enforcement Decree of that Act shall be excluded:
1. Supporting employment of senior citizens under Article 10 of the Act;
2. Supporting the establishment of enterprises employing senior citizens under Article 11 of the Act;
3. Supporting the establishment and operation of community project groups under Article 12 of the Act;
4. Designating senior citizen-friendly enterprises and institutions under Article 13 of the Act;
5. Revoking designation of senior citizen-friendly enterprises and institutions under Article 14 of the Act;
6. Implementing public-interest activity projects for senior citizens under Article 15 of the Act;
7. Operating capacity utilization projects for senior citizens under Article 16 of the Act;
8. Educating participants in support projects for senior citizens’ employment and social activities and staff members of Dedicated Employment Agencies for Senior Citizens under Article 19 of the Act;
9. Protecting participants in support projects for senior citizens’ employment and social activities under Article 23 of the Act.
Article 15(Criteria for imposition of administrative fines) #
The criteria for the imposition of administrative fines under Article 31 (1) of the Act shall be as specified in the Appendix.