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Chapter (4) Personnel Issues on Transformation
Article 28
Paragraph (1)
The authority-in-charge conducting the commissioned operation shall terminate all the employment contracts on the due date of the commissioned operation under Article 11 of Labor Standard Law and pay the severance to the non-military personnel originally employed by the National Defense Technology Institutes except if they are retired under Article 53 of Labor Standard Law or accept the new arrangements of their positions by the authority-in-charge.
Paragraph (2)
The authority-in-charge shall provide and require in the contract for the commissioned operation that the Private Entity(ies) is under the obligation to employ the personnel in the preceding Paragraph who are willing to transfer to and be employed by the Private Entity(ies) on the due date of the commissioned operation.
Article 29
Paragraph (1)
The seniority calculation and the payment standards for the personnel who are retired or whose contracts are terminated under the first Paragraph of the preceding Article shall be conducted in accordance with the following provisions:
Subparagraph (1)
Seniority Calculation: The seniority calculation shall be conducted under Article 84-2 and the related provisions of the work rules provided by various National Defense Technology Institutes. However, the seniority for those who received pension, severance or lost seniority compensations shall be excluded.
Subparagraph (2)
Payment Standard: The payment standard shall be determined under Article 84-2 of Labor Standard Law and the related provisions of the work rules provided by various National Defense Technology Institutes. For the period of employment prior to June 30, 1998, the related provisions of the work rules provided by various National Defense Technology Institutes shall be applied for calculation purposes, and for the period of employment after July 1, 1998, the Labor Standard Law shall be applied. The payment shall be calculated in two parts as set forth above and paid cumulatively. However, the unit (as defined in the applicable Labor Standard Law and work rules) shall be calculated with the standard for pension.
Article 30
Paragraph (1)
The authority-in-charge conducting the commissioned operation shall pay an additional seven-month average salary, calculated in accordance with the standard at the time of the transfer, to the non-military employees who are not transferred and arranged for a new position.
Paragraph (2)
A non-military employee, who is willing to transfer to and has been employed by the Private Entity(ies) and is severed by the Private Entity(ies) prior to such employee being eligible for retirement under the Labor Standard Law, may apply to the authority-in-charge for the additional reward specified in the preceding Paragraph, but the eligibility for such reward shall be limited to those who have been severed within five years from the date of the transfer.
Paragraph (3)
In the event that the ex-employee is employed by a government agency within six months from the effective date of his/her severance or retirement and such ex-employee can receive the additional reward, the new employing government agency shall refund the amount calculated by multiplying the total additional reward by the fraction wherein the numerator is the sum of the numbers of months (during the 6 month period) that he/she is employed by the new government agency plus one and the denominator is seven (7). In calculating the total number of months of employment, a period of less than one month shall be disregarded.
Article 31
Paragraph (1)
A non-military employee, who is not transferred and arranged and terminates the labor insurance, shall be paid the equivalent of the lost seniority of the labor insurance following the calculation standard of the aged payment prescribed in Article 59 of the Labor Insurance Act, excluding those who are in compliance with the provisions and may apply for the aged payment. However, a recipient of the lost seniority payment shall submit a written assurance, notarized by the court, ensuring that such recipient, upon receiving aged payments after his/her obtaining labor insurance in the event of future employment, if any, shall refund the government agency which paid the seniority compensation up to the amount of the compensation received.
Paragraph (2)
The personnel in the preceding Paragraph whose labor insurance seniority is for a period in excess of fifteen years, will not be paid the seniority compensation provided that he/she is willing to continue with labor insurance under any agencies supervised by the Ministry of National Defense.
Paragraph (3)
A non-military employee who is transferred to the Private Entity(ies) shall be eligible for the seniority compensation prescribed in the first Paragraph provided that he/she is severed by the commissioned Private Entity(ies) and is ineligible for the aged payment of the labor insurance.
Article 32
Paragraph (1)
The authority-in-charge shall prepare tender documents prior to the expiration or termination of the commissioned operation contract which shall provide that the succeeding Private Entity(ies) awarded the new contract, shall employ the personnel who was transferred from the original National Defense Technology Institutes commissioned for operation to the original Private Entity(ies) and is still with the original Private Entity(ies) upon the new contract is awarded to the succeeding Private Entity(ies) with the salaries and benefits equivalent to those provided by the original Private Entity(ies).
Paragraph (2)
The authority-in-charge shall cause the Private Entity(ies) to provide for indemnity, to the extent of the laws, in the event that the rights and benefits of the personnel transferred from the original National Defense Technology Institutes commissioned for operation are negatively impacted due to the establishment of a subcontracting system of satellite suppliers by the commissioned Private Entity(ies).
Article 33
Paragraph (1)
The personnel who are in the military service shall, unless agreed otherwise by the Ministry of National Defense, and the occupational military personnel who are willing to transfer shall, transfer to another military agency upon the authority-in-charge conducting the commissioned operation. The other occupational military personnel shall conduct under the following provisions:
Subparagraph (1)
The personnel, whose service term is over the statutory minimum number of years but not up to the maximum number of years or has not reached the mandatory age of the retirement for each rank, retires under the Officers and Sergeants of Army, Navy and Air Force Service Acts and its Implementation Regulations shall be paid an additional reward of a seven-month salary provided that the personnel is not willing to transfer to the Private Entity(ies).
Subparagraph (2)
The personnel, whose service term is over the statutory minimum number of years but not up to the maximum number of years or has not reached the mandatory age of the retirement for each rank, retires under the Officer an Sergeant of Army, Navy and Air Force Service Act and its Implementation Regulation shall not be paid any reward provided that the personnel is willing to transfer to and to be employed by the Private Entity(ies) after the personnel is negotiated by the authority-in-charge with the Private Entity(ies).
Subparagraph (3)
The authority-in-charge shall transfer the personnel other than those prescribed in the two preceding Subparagraphs to other military agencies or incorporate such personnel into the adjusted organization of the institution commissioned for operation. Such personnel shall be supervised by the Private Entity(ies) to conduct the operation commissioned whose salaries and benefits shall be paid by the Private Entity(ies), and shall be subject to the two preceding Subparagraphs provided that such personnel retires, if at all, during the incorporation period, however such personnel shall not be paid the additional reward.
Paragraph (2)
The salary prescribed in the first Subparagraph of the preceding Paragraph includes basic salary, plus additional compensation amounts based on professional and leadership positions. In the event any personnel who received the additional reward obtains a position in a new government agency within seven months (from the date of the retirement), that new government agency shall be refunded an amount calculated by multiplying the total additional reward by the fraction wherein the numerator is the number of months (during the 7 month period) that the he/she is employed by the new government agency and the denominator is seven (7).
Paragraph (3)
In calculating the number of months of employment, a period of less than one month shall be disregarded.
Paragraph (4)
The number of the allowed leaves calculated according to seniority in the original military service shall be carried over to the new government agency in the event that the personnel retires and transfers to the Private Entity(ies) as prescribed in the second Subparagraph of the first Paragraph.