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ENFORCEMENT DECREE OF THE ACT ON ENCOURAGEMENT OF SKILLED CRAFTS

Wholly Amended by Presidential Decree No. 22604, Dec. 31, 2010

Amended by Presidential Decree No. 23488, Jan. 6, 2012

Presidential Decree No. 24314, Jan. 16, 2013

Presidential Decree No. 24693, Aug. 20, 2013

Presidential Decree No. 27279, jun. 28, 2016

Presidential Decree No. 28211, Jul. 26, 2017

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Decree is to prescribe matters delegated by the Act on Encouragement of Skilled Crafts and matters necessary for enforcing said Act.
 Article 2 (Financial Resources of Reserve Fund)
The reserve fund for encouraging skilled crafts (hereinafter referred to as the "reserve fund") under Article 6 (2) of the Act on Encouragement of Skilled Crafts (hereinafter referred to as the "Act") shall be raised from the following financial resources:
1. Contributions from persons other than the Government;
2. Revenues accruing from operating the reserve fund;
3. Other revenues.
 Article 3 (Management and Operation of Reserve Fund)
(1) The Human Resources Development Service of Korea established under the Human Resources Development Service of Korea Act (hereinafter referred to as the "HRD Korea") shall formulate an annual plan for managing and operating the reserve fund for the following year (hereinafter referred to as "plan for managing and operating the reserve fund"); and shall submit it to the Minister of Employment and Labor for approval at least two months before beginning of the following year. Any modification of an approved plan for managing and operating the reserve fund shall also require prior approval.
(2) A plan for managing and operating the reserve fund shall provide for the following matters:
1. Matters concerning the revenues and expenditures of the reserve fund;
2. A plan for raising the reserve fund by financial resource and a plan for using the reserve fund by project;
3. Description of the details of projects and the use of the reserve fund;
4. Other matters necessary for managing and operating the reserve fund.
 Article 4 (Establishment of Reserve Fund Operation Council)
(1) To deliberate on important matters concerning managing and operating the reserve fund, a council for operating the reserve fund for encouraging skilled crafts (hereinafter referred to as the "reserve fund operation council") in the HRD Korea shall be established.
(2) The reserve fund operation council shall deliberate on the following matters:
1. Plans for managing and operating the reserve fund;
2. Settlement of accounts of the reserve fund;
3. Other matters necessary for managing and operating the reserve fund.
(3) Matters necessary for establishing and operating the reserve fund operation council shall be determined by the president of the HRD Korea.
 Article 5 (Operation Methods of Reserve Fund)
The reserve fund shall be operated in any of the following manners:
1. Depositing in finance companies, etc. or communications agencies that operate savings and insurance business under the Postal Savings and Insurance Act;
2. Purchasing securities directly issued, or fulfilling obligations of which is guaranteed. by the State, local governments, finance companies, etc. or guaranteeing obligations;
3. Any other manner prescribed by Ordinance of the Ministry of Employment and Labor, which ensures the operational stability of the reserve fund.
 Article 6 (Use of Reserve Fund)
The reserve fund may be used for the following projects:
1. Activities for preferentially treating outstanding skilled craftsmen, such as paying a lump sum grant under Article 10 (1) of the Act;
2. Activities for preferentially treating Master Craftsmen of Korea, such as paying a lump sum grant under Article 10 (1) of the Act;
3. Paying subsidies for apprenticeship to skilled craft masters and skilled craft apprentices under Article 13 (3) of the Act;
4. Paying grants for the continuous pursuits under Article 14 (1) of the Act;
5. Projects related to the selection of, and granting prizes to companies which become good examples of the encouragement of skilled crafts under Article 16 (2) of the Act;
6. Activities performed by non-governmental organizations of skilled craftsmen to encourage skilled crafts under Article 17 (1) of the Act;
7. Holding domestic skills competitions under Article 20 (1) of the Act;
8. Holding the WorldSkills International Competition in the Republic of Korea and dispatching a team to participate in the WorldSkills International Competition under Article 21 (1) of the Act;
9. Other activities for the preferential treatment of skilled craftsmen and the support of non-governmental organization of skilled craftsmen, which are prescribed by Ordinance of the Ministry of Employment and Labor.
 Article 7 (Report on Settlement of Accounts of Reserve Fund)
The HRD Korea shall prepare an annual statement of accounts of the reserve fund for the relevant year; and shall submit it to the Minister of Employment and Labor by not later than the last day of February of the following year.
 Article 8 (Detailed Operation Rules of Reserve Fund)
Except as otherwise expressly provided for in this Decree, necessary matters such as the methods, procedures, etc. of managing and operating the reserve fund may be determined by the HRD Korea after obtaining approval from the Minister of Employment and Labor. Modifying any matter determined after obtaining approval shall also require prior approval.
CHAPTER II SUPPORT FOR ENCOURAGEMENT OF SKILLED CRAFTS
 Article 9 (Selection and Preferential Treatment of Outstanding Skilled Craftsmen)
(1) Outstanding skilled craftsmen under Article 10 (1) of the Act shall be selected from among persons who are skilled in crafts and engaged in the production in the fields determined by the Minister of Employment and Labor for at least seven years.
(2) When selecting outstanding skilled craftsmen, the Minister of Employment and Labor may classify them into persons who work for small and medium businesses under Article 2 (1) of the Framework Act on Small and Medium Enterprises and persons who work for large enterprises, and persons working for small and medium businesses may be treated preferentially.
(3) The Minister of Employment and Labor shall publicly announce the matters necessary for selecting outstanding skilled craftsmen, such as the details of and procedures for applying for the selection of outstanding skilled craftsmen; the criteria for the selection; and the number of persons to be selected, by not later than April 30 of the relevant year.
(4) A worker who intends to be selected as an outstanding skilled craftsman shall file an application prescribed by Ordinance of the Ministry of Employment and Labor, after obtaining a recommendation from his/her business owner: Provided, That if a person who intends to be selected as an outstanding skilled craftsman is a business owner, he/she shall obtain a recommendation from the head of a business owners' organization by category of business or by region.
(5) The Minister of Employment and Labor may grant preferential treatment to persons selected as outstanding skilled craftsmen as follows:
1. Paying a lump sum grant;
2. Awarding a certificate in the name of the Minister of Employment and Labor;
3. Other preferential treatment determined by the Minister of Employment and Labor in consultation with the heads of related administrative agencies.
 Article 10 (Types of Occupation Eligible for Designation of Master Craftsmen of Korea)
"Types of occupation prescribed by Presidential Decree" in Article 11 (1) 1 of the Act means the types of occupation determined and publicly notified by the Minister of Employment and Labor by type of business, such as machinery, materials, construction, and agriculture and forestry, based upon the need for encouraging skilled crafts and the status of supply and demand of human resources for the relevant types of occupation.
 Article 11 (Procedures for Designating Master Craftsmen of Korea)
(1) The Minister of Employment and Labor shall publicly announce the matters necessary for designating Master Craftsmen of Korea, such as the details of and procedures for applying for designation as Master Craftsmen of Korea, the criteria for the designation, and the number of persons to be designated, by not later than April 30 of the relevant year.
(2) A person who intends to be designated as a Master Craftsman of Korea shall file an application as prescribed by Ordinance of the Ministry of Employment and Labor, after obtaining a recommendation from any of the following persons: <Amended by Presidential Decree No. 27279, Jun. 28, 2016; Presidential Decree No. 28211, Jul. 26, 2017>
1. The Special Metropolitan City Mayor, the Metropolitan City Mayor, the Special Self-Governing City Mayor, the Do Governor, or the Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor") having jurisdiction over the location of the main place of business where he/she works;
2. The head of the related central administrative agency having jurisdiction over the type of occupation regarding which he/she intends to be designated as a Master Craftsman of Korea;
3. The Minister of SMEs and Startups (limited to where a person who intends to be designated as a Master Craftsman of Korea works for a small and medium business under Article 2 (1) of the Framework Act on Small and Medium Enterprises).
 Article 12 (Preferential Treatment and Maintaining Dignity of Master Craftsmen of Korea)
(1) The Government may grant preferential treatment to each Master Craftsman of Korea pursuant to Article 11 (1) of the Act: <Amended by Presidential Decree No. 24693, Aug. 20, 2013>
1. Paying a lump sum grant and a grant for continuous pursuit;
2. Awarding the certificate of a Master Craftsman of Korea and a certification plate;
3. Other matters determined by the Minister of Employment and Labor in consultation with the heads of related administrative agencies.
(2) No Master Craftsman of Korea shall do any of the following:
1. An act of receiving entertainment, money or valuables, etc. using the position of a Master Craftsman of Korea;
2. An act of falsely accusing or circulating any false information against another Master Craftsman of Korea;
3. Any other act detrimental to public order or good morals.
 Article 13 (Cancellation, etc. of Designation of Master Craftsmen of Korea)
(1) A person whose designation as a Master Craftsman of Korea is cancelled pursuant to Article 12 (1) of the Act shall immediately return to the Minister of Employment and Labor the certificate of a Master Craftsman of Korea and the certification plate.
(2) The Minister of Employment and Labor shall order a person whose designation as a Mater Craftsman of Korea is cancelled on a ground prescribed in Article 12 (1) 1 of the Act to return the lump sum grant and the grant for continuous pursuit already thereto.
(3) The Minister of Employment and Labor shall not pay a person whose designation as a Master Craftsman of Korea is cancelled the lump sum grant and the grant for continuous pursuit to be paid after the date it is decided to cancel the designation of the Master Craftsman of Korea on a ground prescribed in Article 12 (1) 2 of the Act.
(4) A person in receipt of an order to return the lump sum grant and the grant for continuous pursuit under paragraph (2) shall pay the notified amount to the Minister of Employment and Labor within 30 days from the date of receipt of such order.
 Article 14 (Fields of Skilled Crafts Selected to be Passed down)
"Field prescribed by Presidential Decree" in Article 13 (1) of the Act means any of the following fields, necessary in the industrial society and deemed necessary to transmit and develop, and the details of each relevant field shall be determined and publicly notified by the Minister of Employment and Labor:
1. Fields of casting, mold, welding, etc. which are the foundation of the manufacturing industry;
2. Fields necessary to be applied and developed creatively to suit the industrial sites;
3. Fields in which it is necessary to transmit skilled crafts, because there is a possibility of disconnection between generations;
4. Other fields requiring support to transmit skilled crafts.
 Article 15 (Designation of Skilled Craft Apprentices)
(1) A person designated as a skilled craft master pursuant to Article 13 (1) of the Act shall recommend persons to be skilled craft apprentices to the Minister of Employment and Labor based upon the status of holding skilled craft, age, future development potential, etc.
(2) Detailed matters concerning the designation of skilled craft masters and persons to be skilled craft apprentices under Article 13 (1) and (2) of the Act shall be determined and publicly notified by the Minister of Employment and Labor.
(3) The Minister of Employment and Labor shall award a certificate of a skilled craft master to a person designated as a skilled craft master pursuant to Article 13 (1) of the Act.
 Article 16 (Payment of Subsidies for Apprenticeship)
(1) "Period prescribed by Presidential Decree" in Article 13 (3) of the Act means the period determined by the Minister of Employment and Labor within five years.
(2) The Minister of Employment and Labor shall publicly announce matters necessary to pay a subsidy for apprenticeship, such as persons eligible for such subsidy under Article 13 (3) of the Act (hereinafter referred to as "apprenticeship subsidy"), application procedures, subsidy amount, and subsidy period, by not later than March 31 of the relevant year.
(3) A person who intends to receive an apprenticeship subsidy shall file an application as prescribed by the Minister of Employment and Labor.
(4) When subsidies for apprenticeship are paid, the Minister of Employment and Labor shall prepare and manage ledgers by person, and except in extenuating circumstances that prevents electronic processing, they shall be prepared and managed electronically.
 Article 17 (Discontinuance of Payment of Subsidies for Apprenticeship)
(1) The Minister of Employment and Labor shall verify whether a person receiving an apprenticeship subsidy is receiving any subsidy under any other Act and subordinate statutes as prescribed in the proviso to Article 13 (3) of the Act; and shall discontinue paying the apprenticeship subsidy if he/she is found to be receiving any subsidy under any other Act and subordinate statutes.
(2) Where an apprenticeship subsidy is paid to a person who is not entitled to receive it as prescribed in paragraph (1), the Minister of Employment and Labor shall order him/her to return the apprenticeship subsidy already paid.
(3) A person in receipt of an order to return an apprenticeship subsidy under paragraph (2) shall pay the notified amount to the Minister of Employment and Labor within 30 days from the date of receipt of the notice.
(4) When the Minister of Employment and Labor discontinues paying an apprenticeship subsidy pursuant to paragraph (1) or orders to return an apprenticeship subsidy paid under paragraph (2), he/she shall pre-notify the relevant person of the reason therefor.
(5) If a person receiving an apprenticeship subsidy is unable to continue the relevant business due to changing occupation to another field, the discontinuance of apprenticeship, or any other reason, as prescribed in Article 13 (4) of the Act, he/she shall notify the Minister of Employment and Labor thereof.
(6) The Minister of Employment and Labor in receipt of notice under paragraph (5) shall discontinue paying the apprenticeship subsidy pursuant to Article 13 (4) of the Act; and paragraph (4) shall apply mutatis mutandis to the notification of the reason therefor.
 Article 18 (Persons Eligible for Grants for Continuous Pursuits)
(1) "Persons prescribed by Presidential Decree" in Article 14 (1) of the Act means persons who have continuously engaged in the relevant type of occupation for at least one year as at June 30 every year, among the persons designated as Master Craftsmen of Korea or who have won at least the third place in the WorldSkills International Competition. In such cases, if the total period during which a person has not engaged in the relevant type of occupation out of the relevant period is less than 30 days, such period shall be included in the period of continuous work.
(2) A grant for continuous pursuit under Article 14 (1) of the Act shall be paid in an amount determined by the Minister of Employment and Labor, but if the grounds for the payment overlap, only the amount payable due to the ground for the highest amount thereamong shall be paid.
(3) When subsidies for continuous pursuits are paid, the Minister of Employment and Labor shall prepare and manage ledgers by person, and except in extenuating circumstances that prevents electronic processing, they shall be prepared and managed electronically.
 Article 19 (Application for Payment of Grants for Continuous Pursuits)
(1) A person who intends to obtain a grant for continuous pursuit under Article 14 (1) of the Act shall submit an application for payment of a grant for continuous pursuit to the Minister of Employment and Labor by not later than July 31 every year in a form prescribed by Ordinance of the Ministry of Employment and Labor.
(2) The Ministry of Employment and Labor shall decide whether to pay grants for continuous pursuits after examining applications for the payment submitted pursuant to paragraph (1); and shall notify the result thereof to the applicants by not later than September 30 every year.
 Article 20 (Selection of Companies which are Good Examples of Encouragement of Skilled Crafts)
(1) The Minister of Employment and Labor shall select companies which become good examples of the encouragement of skilled crafts under Article 16 (2) of the Act (hereinafter referred to as "exemplary companies") from among companies engaged in the business prescribed in subparagraphs of Article 16 (1) of the Act.
(2) When selecting exemplary companies, the Minister of Employment and Labor may classify them into small enterprises, medium enterprises, and large enterprises according to the classification under Article 2 (2) of the Framework Act on Small and Medium Enterprises.
(3) The Minister of Employment and Labor shall publicly announce the qualification requirements for applying to be selected as an exemplary company, the application method, the number of companies to be selected, the selection criteria, and other necessary matters for selection by not later than April 30 of the relevant year.
(4) The Minister of Employment and Labor may take necessary preferential measures for exemplary companies in consultation with the heads of related administrative agencies.
 Article 21 (Establishment and Operation of Master Craftsmen of Korea Examination Committee)
(1) To examine for the designation of Master Craftsmen of Korea under Article 11 (1) of the Act, cancellation of the designation of Master Craftsmen of Korea Examination Committee under Article 12 of the Act, and other relevant matters, the Master Craftsmen of Korea Examination Committee (hereinafter referred to as the "Examination Committee") in the HRD Korea shall be established.
(2) The Examination Committee shall be comprised of not more than 20 members, including one chairperson and one vice chairperson.
(3) Members of the Examination Committee shall be appointed or commissioned by the Minister of Employment and Labor from among the following persons. In such cases, each person shall be definitely appointed or commissioned from among persons who fall under subparagraphs 1 and 2, respectively:
1. Public officials in general service of the Senior Executive Service, in charge of the affairs related to policies for encouraging skilled crafts in the Ministry of Employment and Labor;
2. Executive officers in charge of the affairs for encouraging skilled crafts in the HRD Korea;
3. Persons who have engaged in the relevant type of occupation regarding which Master Craftsmen of Korea are to be designated for at least five years after being designated as Master Craftsmen of Korea;
4. At least associate professors of schools under the Higher Education Act in the field related to the type of occupation regarding which Master Craftsmen of Korea are to be designated;
5. Executive officers of organizations permitted for incorporation as nonprofit corporations in relation to skilled crafts;
6. Persons who serve as executive officers in a company with at least 100 regular workers;
7. Other persons deemed by the Minister of Employment and Labor as qualified equivalently to those of persons prescribed in subparagraphs 3 through 6.
(4) The term of office of members prescribed in paragraph (3) 3 through 7 shall be three years; and may be renewed only once: Provided, That the term of office of a member appointed to fill a vacancy occurring before the expiration of the term for which his/her predecessor was appointed, shall serve for the remainder of such term.
(5) Matters to be deliberated on by the Examination Committee shall be as follows:
1. Designating Master Craftsmen of Korea under Article 11 (1) of the Act;
2. Canceling any Master Craftsman of Korea under Article 12 (1) of the Act;
3. Other matters the Minister of Employment and Labor requests to deliberate on in relation to the Master Craftsmen of Korea system.
(6) The Examination Committee may have expert members to examine documents, on-site verification, etc. to designate Master Craftsmen of Korea. Matters concerning the qualifications for and duties of expert members shall be separately determined by the Minister of Employment and Labor.
(7) Any member of the Examination Committee who falls under any of the following cases shall be excluded from the relevant agenda for deliberation:
1. Where the member is or was a relative of the candidate for designation as a Master Craftsman of Korea (hereafter in this Article, referred to as "candidate for designation") under Article 777 of the Civil Act;
2. Where the member has served as an executive officer or employee of the same company, corporation, institution, etc. as one where the candidate for designation has served within three years before the date of examination for designation of a Master Craftsman of Korea;
3. Other cases where the member is deemed to have a direct interest in the candidate for designation.
(8) If any ground exists making it difficult to expect a member of the Examination Committee to impartially perform deliberations, a candidate for designation may file a request to challenge him/her.
(9) If falling under any cause for exclusion referred to in paragraph (7), a member of the Examination Committee shall voluntarily abstain from the deliberation of the relevant agenda.
(10) If any member of the Examination Committee falls under any of the following cases, the Minister of Employment and Labor may rescind the commission:
1. Where the member becomes unable to perform his/her duties for a long period due to a disease, mental or physical breakdown, staying abroad, etc.;
2. Where the member commits any irregularity in connection with deliberation, such as receiving entertainment, money or valuables or exercising his/her authority in return for accepting illegal solicitation;
3. Where the member loses the qualifications held as at the time of commissioning;
4. Where the fairness of a deliberation is compromised on by failing to apply for abstention despite falling under one of subparagraphs of paragraph (7);
5. Other cases where the member neglects the affairs of deliberation such as failing to attend meetings of the Examination Committee for a long period or lacks the ability to perform his/her duties.
(11) Matters concerning commissioning members of the Examination Committee, holding meetings, etc. shall be determined by the Minister of Employment and Labor.
 Article 22 (Establishment and Operation of Skilled Crafts Encouragement Examination Committee)
(1) To examine the selection, etc. of outstanding skilled craftsmen under Article 10 (1) of the Act, the designation of skilled craft masters and skilled craft apprentices under Article 13 (1) and (2) of the Act, and selection of exemplary companies under Article 16 (2) of the Act, the Minister of Employment and Labor may establish a skilled crafts encouragement examination committee in the HRD Korea.
(2) Matters concerning commissioning members and operating, etc. the skilled crafts encouragement examination committee under paragraph (1) shall be determined by the Minister of Employment and Labor.
 Article 23 (Details of Support, etc. to be Provided to Non-Governmental Organizations of Skilled Craftsmen)
(1) The expenses for activities that may be subsidized to non-governmental organizations of skilled craftsmen pursuant to Article 17 (2) of the Act shall be as follows:
1. Expenses incurred in survey and research activities;
2. Expenses incurred in holding and participating in seminars and lectures, and for conducting and participating in education and training, and training programs, etc.;
3. Expenses incurred in holding and participating in expositions, exhibitions, etc.;
4. Expenses for exchange and cooperation with international organizations and foreign governments or foreign organizations;
5. Other expenses for activities that the Minister of Employment and Labor deems necessary for encouraging skilled crafts.
(2) The Minister of Employment and Labor shall publicly announce the qualification requirements for applying for the subsidization of expenses to non-governmental organizations of skilled craftsmen under Article 17 (2) of the Act, organizations eligible for subsidies, subsidy period, subsidy amount, methods of selection, etc. by not later than January 31 of the relevant year.
(3) The detailed procedures, etc. for subsidization under paragraph (1) shall be determined and publicly notified by the Minister of Employment and Labor.
 Article 24 (Restriction on Payment of Subsidies, etc. due to Unfair Practices)
(1) The Minister of Employment and Labor shall not pay any person who has received or intended to receive a lump sum grant, an apprenticeship subsidy, a grant for continuous pursuit, or a subsidy referred to in Articles 10, 13, 14, and 17 by fraud or other unlawful means; and shall order him/her to return the lump sum grant, the apprenticeship subsidy, the grant for continuous pursuit, or the subsidy already paid.
(2) Pursuant to Article 19 of the Act, no person who has received or intended to receive a lump sum grant, an apprenticeship subsidy, a grant for continuous pursuit, or a subsidy referred to in Articles 10, 13, 14, and 17 by fraud or other unlawful means, shall be paid a lump sum grant, an apprenticeship subsidy, a grant for continuous pursuit, or a subsidy referred to in Article 10, 13, 14, and 17 for the period classified as follows:
1. Where he/she has already received such grant or subsidy: Five years from the date the last grant or subsidy was received;
2. Where he/she has intended to receive such grant or subsidy: Five years from the date any act was done to receive such grant or subsidy, such as filing an application by fraud or other unlawful means.
(3) A person ordered to return pursuant to paragraph (1) shall pay the notified amount within 30 days from the date of receipt of such order.
CHAPTER III HOLDING, ETC. OF SKILLS COMPETITIONS
 Article 25 (Holding of Domestic Skills Competitions)
(1) The Minister of Employment and Labor shall hold the National Skills Competition referred to in Article 20 (2) of the Act annually: Provided, That this shall not apply in extenuating circumstances.
(2) Where the Minister of Employment and Labor or a Mayor/Do Governor holds a domestic skills competition, he/she shall publicly announce the matters necessary for the holding the competition, at least two months before holding the competition, such as the period of competition, types of occupation for competition, and qualification requirements for participating in the competition.
(3) In principle, the National Skills Competition shall be held alternatively in the Special Metropolitan City, each Metropolitan City, the Special Self-Governing City, each Do, or Special Self-Governing Province (hereinafter referred to as "City/Do"), but the area for holding it shall be determined by the Minister of Employment and Labor in consultation with the Mayors/Do Governors. <Amended by Presidential Decree No. 27279, Jun. 28, 2016>
(4) Local skills competitions shall be held by each City/Do.
 Article 26 (Skills Competition Committee, etc.)
(1) To efficiently hold domestic skill competitions, a national skills competition committee shall be established in the HRD Korea, and a City/Do skills competition committee shall be established in each City/Do.
(2) Matters necessary for organizing and operating the national skills competition committee shall be determined by the Minister of Employment and Labor and matters necessary for the organization and operation of a City/Do skills competition committee shall be determined by each Mayor/Do Governor.
 Article 27 (Qualification Requirements for Participation and Submission of Application)
(1) Persons eligible to participate in the National Skills Competition shall be those recommended by City/Do skills competition committees referred to in Article 26 (1), among persons who have won prizes at local skills competitions held in the relevant year or at skills contests recognized by the Minister of Employment and Labor (limited to contests held in the year immediately preceding the relevant National Skills Competition). <Amended by Presidential Decree No. 27279, Jun. 28, 2016>
(2) Persons eligible to participate in a local skills competition shall be those at least 14 years of age as at the date the local competition is scheduled to be held. <Amended by Presidential Decree No. 27279, Jun. 28, 2016>
(3) Notwithstanding paragraphs (1) and (2), any of the following persons shall not be allowed to participate in the National Skills Competition or a local skills competition: <Newly Inserted by Presidential Decree No. 27279, Jun. 28, 2016>
1. A prize winner of the WorldSkills International Competition;
2. A member of the national team who is to participate in the WorldSkills International Competition pursuant to Article 21 (2) of the Act, among prize winners of the National Skills Competition;
3. A person who has exceeded the age limit for participating the WorldSkills International Competition as of the date the first WorldSkills International Competition is scheduled to be held time after the National Skills Competition in which he/she intends to participate, among prize winners of the National Skills Competition.
(4) Each person who intends to participate in the National Skills Competition shall submit an application for participation to the Minister of Employment and Labor in a form prescribed by Ordinance of the Ministry of Employment and Labor; and each person who intends to participate in a local skills competition shall submit an application for participation to the competent Mayor/Do Governor in a form prescribed by Ordinance of the Ministry of Employment. <Amended by Presidential Decree No. 27279, Jun. 28, 2016>
[Pursuant to Act No. 27279 dated Jun. 28, 2016, an amendment is made to paragraphs (1) and (2) of this Article as they were adjudged by the Constitutional Court on Oct. 21, 2015 as nonconforming to the Constitution]
 Article 28 (Encouragement to Participate in Competitions)
The State, local governments and business owners shall encourage skilled craftsmen to participate in skills competitions.
 Article 29 (Korea Committee of WorldSkills International)
(1) To efficiently perform the affairs related to the WorldSkills International Competition, the Minister of Employment and Labor may establish the Korea Committee of the WorldSkills International (hereinafter referred to as the "Korea Committee") in the HRD Korea.
(2) The Korea Committee shall comply with the charter of WorldSkills International; the rules of procedure of the WorldSkills International; and the competition rules of the WorldSkills International Competition.
(3) Matters necessary for organizing and operating the Korea Committee shall be determined by the Minister of Employment and Labor.
 Article 30 (Award of Prizes and Payment of Prize Money)
(1) Persons eligible to receive decorations, medals, or official commendations under Article 22 (1) of the Act shall be the winners of at least the third place in each type of occupation competed in skills competitions and persons prescribed by the Minister of Employment and Labor; and kinds of prizes and procedures for awarding it shall be subject to the Awards and Decorations Act and the Regulations on Government Commendations, and matters not expressly provided for in the Awards and Decorations Act and the Regulations on Government Commendation shall be as determined by the Minister of Employment and Labor or a Mayor/Do Governor. <Amended by Presidential Decree No. 24314, Jan. 16, 2013>
(2) Persons eligible for prize money under Article 22 (1) of the Act shall be the persons eligible for the decorations, medals, and official commendations under paragraph (1), and the amount of prize money for the winners, etc. of at least the third place in each type of occupation competed in the National Skills Competition and the WorldSkills International Competition shall be determined by the Minister of Employment and Labor; and the amount of prize money for the winners, etc. of at least the third place in each type of occupation competed in a local skills competition shall be determined by the competent Mayor/Do Governor.
 Article 31 (Procedures for Providing Support to Non-Governmental Skills Competitions)
(1) The Minister of Employment and Labor shall publicly announce by not later than January 31 of the relevant year, the expenses eligible for subsidization incurred in holding non-governmental skills competitions under Article 23 of the Act.
(2) A person who intends to receive a subsidy for expenses incurred in holding a non-governmental skills competition under Article 23 of the Act shall submit documents concerning the plan for holding the non-governmental skills competition to the Minister of Employment and Labor.
(3) The documents concerning the plan for holding a non-governmental skills competition referred to in paragraph (2) shall include the following matters:
1. The overview of the competition;
2. The purpose of holding the competition;
3. The types of occupations for competition and expected number of participants;
4. A plan for operating the competition;
5. Necessary expenses.
 Article 32 (Restriction on Payment of Prize Money, etc. owing to Unfair Practices)
(1) If a person whose award of prize is canceled in a domestic skills competition has already received prize money or a grant for continuous pursuit, the Minister of Employment and Labor or the competent Mayor/Do Governor shall order him/her to return the amount of such money or grant.
(2) The Minister of Employment and Labor shall not pay any person who has received or intended to receive a subsidy for expenses incurred in holding a non-governmental skills competition pursuant to Article 23 of the Act by fraud or unlawful means; and shall order him/her to return any subsidy amount already paid.
(3) No person who has received or intended to receive a subsidy for expenses incurred in holding a non-governmental skills competition referred to in Article 23 of the Act by fraud or other unlawful means, shall be paid a subsidy for expenses incurred in holding a non-governmental skills competition for the period classified as follows:
1. Where he/she has already received a subsidy: Five years from the date the last subsidy was received;
2. Where he/she intended to receive a subsidy: Five years from the date documents concerning a plan for holding a non-governmental skills competition was submitted to receive a subsidy for expenses incurred in holding it.
(4) A person ordered to return the subsidy pursuant to paragraph (1) or (2) shall pay the notified amount to the Minister of Employment and Labor or the competent Mayor/Do Governor not later than 30 days from the date such order is received.
CHAPTER IV SUPPLEMENTARY PROVISIONS
 Article 33 (Entrustment of Duties)
Pursuant to Article 25 (2) of the Act, the Minister of Employment and Labor shall entrust the following duties to the president of the HRD Korea:
1. Survey and research under Article 7 of the Act;
2. Formulating and operating an information management system under Article 8 of the Act;
3. Business for exchange and cooperation with international organizations and foreign governments or foreign organizations under Article 9 of the Act;
4. Affairs related to paying lump sum grants to outstanding skilled craftsmen under Article 10 (1) of the Act;
5. Affairs related to paying lump sum grants to Master Craftsmen of Korea under the latter part of Article 11 (1) of the Act;
6. Affairs related to investigating and verifying fact relations for the cancellation of designation of Master Craftsmen of Korea and holding hearings for the cancellation under Article 12 of the Act;
7. Affairs related to designating skilled craft masters and skilled craft apprentices under Article 13 (1) and (2) of the Act;
8. Affairs related to paying subsidies for apprenticeship to skilled craft masters and skilled craft apprentices under Article 13 (3) of the Act;
9. Affairs related to paying grants for continuous pursuits to Master Craftsmen of Korea, etc. under Article 14 (1) of the Act;
10. Support to inaugurating enterprises and employment under Article 15 of the Act;
11. Support of activities for improving skilled crafts of companies under Article 16 (1) of the Act;
12. Support to non-governmental organizations of skilled craftsmen under Article 17 (2) of the Act;
13. Activities for improving social recognition on skilled crafts under Article 18 of the Act;
14. Affairs related to investigating and verifying fact relations for the restriction on support owning to unfair practices under Article 19 of the Act;
15. Holding domestic skills competitions under Article 20 (1) of the Act;
16. Holding WorldSkills International Competitions and dispatching a team under Article 21 (1) of the Act;
17. Affairs related to the award of prizes and payment of prize money under Article 22 of the Act;
18. Support to non-governmental skills competitions under Article 23 of the Act;
19. Affairs related to investigating and verifying fact relations for the punishment on persons who have conducted unfair practices under Article 24 of the Act;
20. Affairs related to selecting outstanding skilled craftsmen, such as designation of fields in which outstanding skilled craftsmen are to be selected under Article 9 (1) and the public announcement of the matters necessary for selecting outstanding skilled craftsmen under paragraph (3) of the same Article;
21. Affairs related to designating Master Craftsmen of Korea, such as public announcement of the matters necessary for the designation of Master Craftsmen of Korea under Article 11 (1);
22. Recovering certificates of Master Craftsmen of Korea and the certification plates under Article 13 (1), and recovery of the refund under paragraph (4) of the same Article;
23. Designating fields of skilled crafts to be passed down under Article 14;
24. Recovering refund under Article 17 (3);
25. Affairs related to selecting exemplary companies, such as public announcement of the matters necessary for the selection of exemplary companies under Article 20 (3);
26. Recovering refunds under Articles 24 (3) and 32 (4).
 Article 34 (Management of Personally Identifiable Information)
The Minister of Employment and Labor (including persons to whom the duties of the Minister of Employment and Labor is entrusted under Articles 33 of the Act) or a Mayor/Do Governor (including persons to whom their authority is delegated or entrusted, where such authority is delegated or entrusted) may manage the data which contain resident registration numbers under Article 19 of the Enforcement Decree of the Personal Information Protection Act, if essential in performing the following affairs:
1. Affairs related to selecting and preferentially treating outstanding skilled craftsmen under Article 10 of the Act;
2. Affairs related to designating and preferentially treating Master Craftsmen of Korea under Article 11 of the Act;
3. Affairs related to designating and supporting skilled craft masters under Article 13 of the Act;
4. Affairs related to the support for continuous pursuit by Master Craftsmen of Korea, etc. under Article 14 of the Act;
5. Affairs related to domestic skills competitions under Article 20 of the Act.
[This Article Newly Inserted by Presidential Decree No. 23488, Jan. 6, 2012]
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2011.
Article 2 (Applicability to Restriction on Payment of Subsidies, etc. owing to Unfair Practices)
The amended provisions of Article 24 (2) shall begin to apply from the first person who has received or intended to receive a subsidy, etc. by fraud or other unlawful means after this Decree enters into force.
Article 3 (Transitional Measures concerning Payment of Grants for Continuous Pursuits)
A person who fulfills the requirements for payment of a grant for technical skills under the former Article 26, as a person designated as a Master Craftsman of Korea under the former provisions or has won at least the third place in the WorldSkills International Competition as at the time this Decree enters into force, shall be deemed to have fulfilled the requirements for being paid a grant for continuous pursuit under the amended provisions of Article 18.
Article 4 Omitted.
Article 5 (Relationship to other Acts and Subordinate Statutes)
Where any other statute cites the former provisions of the Enforcement Decree of the Act on the Encouragement of Technical Skills as at the time this Decree enters into force, it shall be deemed to cite this Decree or the relevant provisions of this Decree in lieu of the former Enforcement Decree of the Act on the Encouragement of Technical Skills or the provisions thereof, if provisions corresponding thereto exist herein.
ADDENDA <Presidential Decree No. 23488, Jan. 6, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Presidential Decree No. 24314, Jan. 16, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 24693, Aug. 20, 2013>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 27279, Jun. 28, 2016>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 28211, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended parts of the Presidential Decrees which were promulgated before this Decree enters into force but the enforcement dates of which have not yet arrived among the Presidential Decrees amended pursuant to Article 8 of the Addenda shall respectively enter into force on the enforcement dates of such Presidential Decrees.
Articles 2 through 8 Omitted.