The Employer shall not impose differential treatment on the Senior and Middle-Aged Persons and the Elders who are applying for jobs or under employment based on their age.
The term “differential treatment” used in the preceding paragraph shall refer to the direct or indirect unfavorable treatments of the following matters imposed by the Employer on the Job Applicants or the Employees based on their age:
1.Recruitment, screening test, employment, assignment, staffing, performance evaluation or promotion, etc.
2.Education, training or other similar activities.
3.Payment of wages or the welfare of all kinds.
4.Retirement, leave with severance pay, employment termination and discharge.

The “differential treatment” specified in the preceding Article caused by any of the following situations is not restricted by the first paragraph of the preceding Article:
1.Imposing particular restrictions or regulations on age based on the requirements or special features of the job.
2.Paying wages based on seniority, reward and punishment, performance or other justifiable reasons other than age.
3.Imposing restrictions on the age for employment or retirement pursuant to other laws and regulations.
4.Taking relevant measures of employment or assistance to improve the employment of the persons of particular ages pursuant to the Act or other laws and regulations.

After any of the Senior and Middle-Aged Persons and the Elders who is applying for job or under employment has specified the facts of the differential treatment, the Employer shall be liable for proving that the differential treatment is not based on age or is caused by any of the situations specified in the preceding Article.

If any of the Senior and Middle-Aged Persons and the Elders who is applying for job or under employment finds that the Employer breaches the first paragraph of Article 12, he/she may file a complaint with the local competent authority.
After the local competent authority receives the complaint specified in the preceding paragraph, the Employment Discrimination Review Committee constituted pursuant to the Employment Service Act and relevant regulations will carry out the judgment of age discrimination.

Employer shall not discharge, transfer the position of or impose any other unfavorable disposition on any of the Senior and Middle-Aged Persons and the Elders employed by the Employer for the reason that he/she has filed a complaint or has assisted another person in filing a complaint pursuant to the Act.

If any of the Senior and Middle-Aged Persons and the Elders who is applying for job or under employment has suffered damage caused by any situation specified in the first paragraph of Article 12, his/her Employer shall be liable for all and any compensation of resulted therefrom.
The claim for compensation of damages specified in the preceding paragraph shall be extinguished if not exercised within two years from the time at which the person who is entitled to the claim knows the damage and the person who is liable for the compensation. The same shall apply if ten years have elapsed since the concerned breach was committed.