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Laws › Act on the Guarantee of Employees' Retirement Benefits › CHAPTER VII RESPONSIBILITIES AND SUPERVISION

Act on the Guarantee of Employees' Retirement Benefits — Article 36 (Supervision over Retirement Pension Trustees)

근로자퇴직급여 보장법 제36조

This English translation is based on the Korean text effective 2022-07-12. The Korean law has since been amended (current version effective 2026-09-18) — check the Korean original.

(1) If any retirement pension trustee commits a violation of this Act, the Minister of Employment and Labor may order such retirement pension trustee to correct the violation for a specified period.

(2) If any retirement pension trustee fails to comply with an order for rectification under paragraph (1), the Minister of Employment and Labor may order services provided under this Act to be transferred to another retirement pension trustee.

(3) In order to ensure the stable operation of retirement pension plans and protect employees' entitlement to receive benefits, the Financial Services Commission may supervise the services of retirement pension trustees prescribed by Presidential Decree and take any of the following measures if any retirement pension trustee violates Article 33:

1. Request for warning against the retirement pension trustee or the executive concerned, or warning or reprimanding the employee concerned, reduction of his or her wage, or suspension or removal from office;

2. Issuance of a corrective order regarding the violation concerned;

3. Recommendation of dismissal from office of the executive or suspension of performance of his or her duties;

4. Partial suspension of the business for a period of six months.

(4) The Governor of the Financial Supervisory Service may investigate the status of the services, property, etc. of a retirement pension trustee, and issue an order to change or supplement the terms and conditions, etc. reported by a retirement pension trustee under Article 33 (7), if they are in contravention of this Act.

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