A right many workers in their 50s miss before retirement is re-employment support. Article 21-3 of Korea’s aged employment act asks all employers to try to give leavers career planning, job placement and retraining, and requires employers with 1,000+ workers to provide it to workers aged 50+ leaving for involuntary reasons. The Decree adds 1 year’s continuous insured service (3 years for fixed-term), with services due within 3 years before leaving. The checker tests the four conditions.
1. 1,000+ employer + 50+ + 1 year insured (3 fixed-term) + involuntary = mandatory.
2. Within 3 years before leaving — redundancy: within 1 year (or 6 months after).
3. Four kinds of service: assessment and planning, placement, retraining or start-up, other approved.
Checker
Updates as you type. All four must be met. “Involuntary” means a reason that doesn’t restrict unemployment benefit under Employment Insurance Act Art. 58. You may decline in writing, e.g. if already re-employed.
Who must provide it — Art. 21-3, Decree Arts. 14-2, 14-3
| Type | What the source says | Worth noting (ours) |
|---|---|---|
| All employers (1) | Try to offer services to workers leaving at retirement age etc. | A duty to try |
| 1,000+ employers (2) | An average of 1,000+ insured workers (month-ends of the prior year) must provide it to quasi-aged and aged leavers for involuntary reasons | Decree Art. 14-2 |
| Condition: age | Leaving in the year one turns 50 or older | Even before the birthday that year (our reading) |
| Condition: service | Continuous insured service of 1 year+ to the day before leaving; 3 years+ for fixed-term | — |
| Involuntary | A reason that doesn’t restrict unemployment benefit under EIA Art. 58 | Includes retirement age |
| Declining | Not provided if the worker agrees in writing or electronically, e.g. already re-employed | — |
What and when — Decree Art. 14-4
| Type | What the source says | Worth noting (ours) |
|---|---|---|
| Content | One or more of: (1) career assessment and planning (2) placement (3) re-employment or start-up training (4) other approved services | — |
| Timing (rule) | Within 3 years before leaving | Retiring at 62: from 59 (our sum) |
| Timing (redundancy) | Within 1 year before leaving, or 6 months after if not possible | — |
| Outsourcing | Placement agencies and training institutions may deliver (1)–(3) | — |
Three results — our example
| Case (our example) | Result | Worth noting (ours) |
|---|---|---|
| 1,200 insured, retiring at 58, 3 years’ service | Mandatory | From 3 years before |
| 800 insured, same | Not mandatory | Duty to try only |
| 1,200 insured, 55, fixed-term 2 years | Not mandatory | Fixed-term needs 3 years |
The 60 rule is in retirement age 60; leaving codes and benefits in separation code checker.
Checklist
- ☐ Employer size (1,000+ insured on average?)
- ☐ 50+ in the year you leave
- ☐ 1 year insured (3 if fixed-term)
- ☐ Involuntary leaving such as retirement age
- ☐ Ask HR 3 years ahead (1 year for redundancy)
Questions that remain
What if the employer doesn’t provide it?
Sanctions aren’t in what we read (Art. 21-3, Decree Arts. 14-2 to 14-5).
What about the detailed standards?
The Decree defers to a ministry notice, which we didn’t read.
Sources
- Korean law database (law.go.kr) — Aged Employment Act Art. 21-3 — source (current text, effective 10 June 2022, Act No. 18921; checked 20 October 2026). Duty to try, 1,000+ duty, outsourcing bodies.
- Korean law database — Enforcement Decree Arts. 2, 14-2 to 14-5 — source (effective 1 January 2025, Decree No. 35100; checked 20 October 2026). 1,000 threshold, 50 and 1 year (3 fixed-term), involuntary reasons, written opt-out, four services, 3 years / 1 year / 6 months, outsourcing.
- Not read. Sanctions; the ministry notice.
- What we added. The “worth noting” column and the Korean everyday gloss.
Where to check further
- Your HR team — the schedule.
- The employment centre — advice.
Written on 20 October 2026. The content is from the source; the glosses are ours.
