Article 5 Measures to Safeguard Various Rights 76. The Indigenous Peoples Employment Rights Protection Act was enacted to safeguard the right of indigenous peoples to work. In 2014, Interpretation No. 719 issued by the Grand Justices set forth two requirements. First, the government should periodically review and amend the preferential measures based on the needs of indigenous peoples with regard to employment rights in the national and societal context. Second, a fee in substitute must be paid if the winning bidder of a government procurement project fails to hire a certain percentage of indigenous persons stipulated under the law. However, if the amount of the substitute fee owed exceeds the sum of the government procurement project, an appropriate mitigating mechanism should be put in place to make appropriate adjustments.92 However, after seven years, the Council of Indigenous Peoples was still unable to review and amend the aforementioned provisions as intended. In 2021, the Grand Justices issued Interpretation No. 810, which explained that the substitute fee stated in Interpretation No. 719 was not in fact complemented with an appropriate mitigating mechanism. As a result, the regulation disproportionately restricts property rights and does not conform with the principle of proportionality, and is thus unconstitutional. It was explicitly stated that the necessary revisions should be completed within two years. Until the revisions are completed, the relevant authorities and courts should follow this Interpretation in dealing 92 Excerpts of the reasoning from Interpretation No. 719 (2014, Apr 18) issued by the Grand Justices state that“While there are several alternative measures the state may take to achieve the objectives to protect, assist and promote the development of indigenous peoples, the measure adopted by the regulations in dispute to require that the winning bidder shall employ a certain percentage of indigenous persons during the term of contract performance also constitutes one among such measures. Nevertheless, given that most of the available jobs are short-term or require non-technical skills, these may be difficult to enhance long-term, stable employment opportunities and professional skills. Consequently, the state shall actively realize the objective contemplated by the above-mentioned Additional Articles of the Constitution to protect indigenous peoples’ right to work via substantive policies and measures and regularly review and revise such policies and measures based on the time and environment of the state and the society, as well as the need for the protection of the indigenous peoples’ right to work. Moreover, when the winning bidder fails to hire a certain percentage of indigenous persons, the bidder is obligated to pay a fee in substitute. If the amount of the fee paid in substitute exceeds that of the government procurement, there should be an appropriate mitigating mechanism by which the amount can be adjusted. Consequently, pursuant to this interpretation, the relevant government agencies shall promptly review and improve the relevant provisions under the Government Procurement Act and Indigenous Peoples Employment Rights Protection Act .” 53