Whatever retirement age a Korean employer sets, it can’t be below 60. Article 19 of the Act on Prohibition of Age Discrimination in Employment and Aged Employment Promotion says employers must set it at 60 or above, and a lower age is deemed to be 60. Employers must try to rehire retirees who want to keep working (Art. 21), and on rehiring may, by agreement, leave the earlier service out of severance and annual-leave counts and set pay differently. In the Act, an “aged person” is 55+ and a “quasi-aged person” 50 to 54.
1. Retirement age 60 or above — a lower age counts as 60 (Art. 19).
2. Rehiring retirees is a duty to try — service and pay can be reset by agreement (Art. 21).
3. Aged = 55+, quasi-aged = 50–54 (Decree Art. 2).
The retirement-age articles — Arts. 19, 19-2
| Type | What the source says | Worth noting (ours) |
|---|---|---|
| Art. 19(1) | Employers must set retirement age at 60 or above | Fully revised 22 May 2013 |
| Art. 19(2) | A lower age is deemed to be 60 | Rules saying 58 still mean 60 |
| Art. 19-2(1) | Employers and majority unions (or representatives) extending retirement age take measures such as pay-system reform | Wage-peak schemes are often cited as such (ours) |
| Art. 19-2(2)–(3) | The Labour Minister may support such workplaces with subsidies and consulting | Details by Decree |
Reporting and recommendations — Art. 20
Employers above a Decree headcount report their retirement system yearly; the Minister may recommend raising a markedly low retirement age and publish non-compliance without good reason.
Working again after retirement — Arts. 21, 21-2
| Type | What the source says | Worth noting (ours) |
|---|---|---|
| Art. 21(1) | If a retiree wants to work again, the employer must try to rehire them in suitable work | A duty to try, not to hire |
| Art. 21(2) | On rehiring an aged retiree, by agreement the earlier service may be excluded from continuous service for severance (LSA Art. 34) and annual leave (Art. 60), and pay may differ | Without agreement the exception doesn’t arise (our reading) |
| Art. 21-2 | Support such as subsidies for employers rehiring retirees | — |
| Art. 21-3 | Employers must try to offer re-employment support services; those with 1,000+ must | See the checker post |
Age thresholds — Decree Art. 2, our summary
| Term | Age | Worth noting (ours) |
|---|---|---|
| Quasi-aged | 50 to under 55 | Re-employment support starts at 50 |
| Aged | 55 and over | The Art. 21(2) rehiring rule covers aged retirees |
| Statutory minimum retirement age | 60 | Whether it’s the 60th birthday or year end depends on the rules (ours) |
The gap until the pension starts is in bridging the pension gap; staying in the national pension after 60 in continued membership after 60.
Checklist
- ☐ The retirement age in your rules (under 60 means 60)
- ☐ The exact retirement date (birthday, half-year, year end)
- ☐ Rehiring terms on service and pay in writing
- ☐ 1,000+ employer: re-employment support
- ☐ Plan for unemployment benefit and the pension gap
Questions that remain
Has the retirement age gone up to 65?
Article 19 as checked on 20 October 2026 says “60 or above” (Act effective 10 June 2022). Until the law changes, this is the rule.
Does severance restart on rehiring?
Article 21(2) allows excluding earlier service “by agreement between the parties”. Check what you agree.
Sources
- Korean law database (law.go.kr) — Act on Prohibition of Age Discrimination in Employment and Aged Employment Promotion Arts. 2, 19–21-3 — source (current text, effective 10 June 2022, Act No. 18921; checked 20 October 2026). Retirement age 60+ and deeming, pay-system measures and support, reporting, recommendation and publication, rehiring effort and service/pay exceptions, support, re-employment services.
- Korean law database — Enforcement Decree Art. 2 — source (effective 1 January 2025, Decree No. 35100; checked 20 October 2026). Aged 55+, quasi-aged 50–54.
- Not read. Case law; subsidy amounts; the Decree headcount.
- What we added. The “worth noting” column and the Korean everyday gloss.
Where to check further
- Your employment rules and collective agreement — age and date.
- The labour ministry helpline — retirement and rehiring.
Written on 20 October 2026. The content is from the source; the glosses are ours.
