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ACT ON THE DEVELOPMENT OF VOCATIONAL SKILLS OF WORKERS

Act No. 9316, Mar. 21, 2008

Amended by Act No. 9792, Oct. 9, 2009

Act No. 10337, May 31, 2010

Act No. 10338, May 31, 2010

Act No. 10339, jun. 4, 2010

Act No. 10866, Jul. 21, 2011

Act No. 11042, Sep. 15, 2011

Act No. 11272, Feb. 1, 2012

Act No. 11461, jun. 1, 2012

Act No. 11690, Mar. 23, 2013

Act No. 12627, May 20, 2014

Act No. 13042, Jan. 20, 2015

Act No. 13902, Jan. 27, 2016

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Act is to facilitate and stabilize the employment of workers and to improve their social and economic status by facilitating and supporting the development of vocational skills throughout their lifetime, nurturing a technical and skilled workforce necessary for industrial sites, and performing the business that pertains to industrial and educational cooperation with the aim of improving the productivity of enterprises and contributing to the realization of competency based society and social and economic development. <Amended by Act No. 10337, May 31, 2010; Act No. 13902, Jan. 27, 2016>
 Article 2 (Definitions)
The terms used in this Act shall be defined as follows: <Amended by Act No. 10337, May 31, 2010; Act No. 10339, Jun. 4, 2010; Act No. 11272, Feb. 1, 2012; Act No. 12627, May 20, 2014>
1. The term "vocational skills development training" means training conducted to help workers acquire and improve their abilities to perform their respective work, which are necessary for them to do jobs;
2. The term "vocational skills development project" means any project that involves conducting surveys, research and other activities on vocational skills development training, development of courses and media for vocational skills development training, and vocational skills development;
3. The term "vocational skills development training establishment" means any of the following establishments:
(a) Public occupational training establishments: Establishments formed by the State, local governments, or public organizations prescribed by Presidential Decree (hereinafter referred to as "public organizations") to conduct vocational skills development training after consulting with the Minister of Employment and Labor or obtaining approval therefor from the Minister of Employment and Labor under Article 27;
(b) Designated occupational training establishments: Establishments, such as occupational training institutes, technical colleges, etc. founded and established to conduct vocational skills development training and designated by the Minister of Employment and Labor under Article 28;
4. The term "worker" means any person employed by a business owner and any person who intends to seek employment;
5. The term "polytechnic college" means a junior college defined in subparagraph 4 of Article 2 of the Higher Education Act, which is an education and training institution that operates curricula for multi-functional technicians or advanced major courses under Article 40 as a degree course along with vocational training curricula as an annex.
[This Article Wholly Amended by Act No. 9316, Dec. 31, 2008]
 Article 3 (Basic Principles of Vocational Skills Development Training)
(1) Vocational skills development training shall be systematically conducted over his/her lifetime in such a manner that conforms to an individual worker's hope, aptitude, and abilities.
(2) Vocational skills development training shall be conducted in such a manner that the autonomy and creativity in the private sector are respected based on labor-management participation and cooperation.
(3) Vocational skills development training shall be conducted in such a manner that workers are not be discriminated against on the grounds of gender, age, physical conditions, forms of employment, religion, social status, etc. and that they will be guaranteed equal opportunities.
(4) An emphasis shall be placed on vocational skills development training conducted for any of the following persons: <Amended by Act No. 11042, Sep. 15, 2011>
1. Senior citizens and persons with disabilities;
2. Persons eligible for assistance under the National Basic Living Security Act;
3. Persons who have rendered distinguished service to the State, their bereaved family members, or their family members under the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State, or persons eligible for veteran's compensation, their bereaved family members, or their family members under the Act on Support for Persons Eligible for Veteran’s Compensation;
4. Persons who have rendered distinguished service to the 5ㆍ18 Democratization Movement, their bereaved family members, or their family members under the Act on the Honorable Treatment of Persons of Distinguished Service to the 5ㆍ18 Democratization Movement;
5. Discharged soldiers or other persons scheduled to be discharged from military service under the Support for Discharged Soldiers Act;
6. Female workers;
7. Workers at a small and medium enterprise as defined in the Framework Act on Small and Medium Enterprises (hereinafter referred to as "small and medium enterprise");
8. Deleted; <by Act No. 13902, Jan. 27, 2016>
9. Daily hire employees, part-time workers, workers who have signed an employment contract for a specified period, and workers hired to work on temporary projects;
10. Temporary agency workers provided for in the Act on the Protection, etc. of Temporary Agency Workers.
(5) Vocational skills development training shall be closely interrelated with school education provided under education-related Acts and industrial sites. <Amended by Act No. 13902, Jan. 27, 2016>
(6) Vocational skills development training shall reflect demands of regions and industrial sites to increase workers' job competency and chances of employment. <Newly Inserted by Act No. 13902, Jan. 27, 2016>
[This Article Wholly Amended by Act No. 9316, Dec. 31, 2008]
 Article 4 (Responsibilities of State, Business Owners, etc.)
(1) The State and local governments shall formulate policies necessary to facilitate and support vocational skills development projects conducted by business owners and their organizations, workers' organizations, etc. and vocational skills development training courses, etc. voluntarily taken by workers in order to develop vocational skills over their lifetime. In such cases, the State may provide the support necessary for enforcing policies formulated by local governments. <Amended by Act No. 10337, May 31, 2010>
(2) Business owners shall conduct vocational skills development training for their workers, encourage many workers to participate in vocational skills development training, and endeavor to establish an environment conducive to vocational skills development training by providing workers with leave for development of vocational skills and appoint persons in charge of human resource development (referring to persons in charge of planning, operating, and evaluating vocational skills development projects in vocational skills development training establishments, enterprises, etc.; hereinafter the same shall apply).
(3) Workers shall endeavor to develop their vocational skills according to their aptitudes and abilities and cooperate on vocational skills development projects implemented by the State, local governments, business owners, etc.
(4) Business owners' organizations, workers' organizations, regional human resources development committees established under Article 22-2, an industry-specific human resources development council under Article 12 (2) of the Industrial Development Act (hereinafter referred to as "Industry-Specific Human Resources Development Council"), etc. shall make necessary efforts, such as a survey on demand for training for vocational skills development by region and industry category, etc. so that training in vocational skills development satisfies the demand at industrial sites. <Newly Inserted by Act No. 10337, May 31, 2010; Act No. 13902, Jan. 27, 2016>
(5) Anyone who conducts vocational skills development training shall endeavor to have workers take vocational skills development training courses suitable for their aptitudes and abilities by rendering counseling services regarding vocational skills development training, offering guidance for landing a job, and preparing selection criteria, etc. <Amended by Act No. 10337, May 31, 2010>
[This Article Wholly Amended by Act No. 9316, Dec. 31, 2008]
 Article 5 (Formulation of Master Plans for Vocational Skills Development)
(1) The Minister of Employment and Labor shall consult with the head of a relevant central administrative agency, and formulate and implement a master plan for spurring development of vocational skills of workers (hereinafter referred to as "master plan for developing vocational skills") every five years, following deliberation by the Council for Employment Policy Consultation under Article 10 (1) of the Framework Act on Employment Policy. <Amended by Act No. 10337, May 31, 2010; Act No. 10339, Jun. 4, 2010>
(2) A master plan for developing vocational skills shall include the following matters: <Amended by Act No. 10337, May 31, 2010; Act No. 13902, Jan. 27, 2016>
1. A basic direction-setting for policies for developing vocational skills;
2. Evaluation of the immediately preceding master plan for developing vocational skills;
3. Matters concerning the supply of and demand for vocational skills development training that reflect trends and prospects of human resources supply and demand under Article 16 of the Framework Act on Employment Policy;
4. Matters concerning support for vocational skills development training conducted voluntarily by workers;
5. Matters concerning support for vocational skills development projects that a business owner conducts for workers;
6. Matters concerning support for vocational skills development projects by workers' organizations, business owners' organizations, the Industry-Specific Human Resources Development Council, etc.;
7. Matters concerning education of workforce necessary for continuous development of national economy in consideration of trends in industrial development and the current status of workforce supply and demand in job market;
8. Matters concerning creating an environment conducive to vocational skills development training, such as establishing standards for vocational skills development training under Article 8, fostering and supporting vocational skills development teachers and the person in charge of workforce development, developing and disseminating media and methods of vocational skills development training, etc.;
9. Matters concerning connecting vocational skills development training with its qualifications;
10. Matters concerning evaluation of vocational skills development projects;
11. Matters deemed necessary for conducting vocational skills development projects in order to boost and stabilize the employment of workers.
(3) Where the Minister of Employment and Labor intends to develop a master plan for developing vocational skills, he/she shall hear the opinions of relevant organizations, associations, etc., such as business owners' organizations and workers' organizations, and may, if deemed necessary, request the heads of administrative agencies concerned, local governments, and public organizations (hereinafter referred to as the "heads of relevant administrative agencies, etc.") to submit materials. <Amended by Act No. 10337, May 31, 2010; Act No. 10339, Jun. 4, 2010>
(4) When the Minister of Employment and Labor formulates a master plan for developing vocational skills, he/she shall report thereon to the competent Standing Committee of the National Assembly without delay. <Newly Inserted by Act No. 13902, Jan. 27, 2016>
[This Article Wholly Amended by Act No. 9316, Dec. 31, 2008]
 Article 6 (Building Information Network for Developing Vocational Skills)
(1) The Minister of Employment and Labor shall build an information network for developing vocational skills to collect, manage, and furnish information regarding vocational skills development, to manage workers' history of vocational skills development, and to efficiently connect qualifications with vocational skills development. <Amended by Act No. 10337, May 31, 2010; Act No. 10339, Jun. 4, 2010>
(2) The Minister of Employment and Labor may request anyone who conducts vocational skills development projects or heads of relevant administrative agencies, etc. to submit materials necessary to build and operate the information network for developing vocational skills. Anyone who conducts vocational skills development projects or heads of relevant administrative agencies shall fully cooperate with such requests if there is no special reason. <Amended by Act No. 10337, May 31, 2010; Act No. 10339, Jun. 4, 2010>
(3) The Minister of Employment and Labor shall take measures necessary for the heads of relevant administrative agencies, etc. to perform their duties by using the information network for developing vocational skills. <Newly Inserted by Act No. 10337, May 31, 2010; Act No. 11272, Feb. 1, 2012>
[This Article Wholly Amended by Act No. 9316, Dec. 31, 2008]
 Article 7 (Investigation and Research concerning Vocational skills development)
The Minister of Employment and Labor may conduct investigations and research, or engage in development necessary to formulate policies and improve systems for workers' vocational skills development. <Amended by Act No. 10339, Jun. 4, 2010>
 Article 7-2 (Management of Vocational Skills Development Training)
The Minister of Employment and Labor may perform the following duties to make vocational skills development training achieve better outcomes:
1. Establishment of standards for support for vocational skills development training by occupational category and level;
2. Certification of vocational skills development training establishments, etc.;
3. Audit of actual state of management of subsidies, loans, etc., received by vocational skills development training establishments, etc. from the State or a local government;
4. Affairs related to the performance management, such as evaluation of vocational skills development training courses;
5. Investigation and analysis of fraudulent acts related to vocational skills development training courses;
6. Other matters necessary to improve outcomes of vocational skills development training.
[This Article Newly Inserted by Act No. 13902, Jan. 27, 2016]
 Article 8 (Standards for Vocational Skills Development Training)
(1) The Minister of Employment and Labor may establish standards for technology, resources, operation, etc. relevant to vocational skills development training (hereinafter referred to as "standards for vocational skills development training") so that vocational skills development training is interchangeable, recognizable, and exchangeable. <Amended by Act No. 10339, Jun. 4, 2010>
(2) The Minister of Employment and Labor shall, when he/she intends to establish standards for vocational skills development training, hear the opinions of relevant organizations, associations, etc., such as business owners' organizations and workers' organizations. <Amended by Act No. 10339, Jun. 4, 2010>
(3) The Minister of Employment and Labor shall, in consultation with the Minister of Education, strive to make vocational skills development training be closely interrelated with qualification or academic background, such as the establishment of a system that connects vocational skills development training with qualifications, based on the National Skill Standards under Article 5 of the Framework Act on Qualifications. <Newly Inserted by Act No. 13902, Jan. 27, 2016>
(4) Necessary matters concerning procedures for establishing standards for vocational skills development training pursuant to paragraph (1) and establishing a connecting system pursuant to paragraph (3) shall be prescribed by Presidential Decree. <Amended by Act No. 13902, Jan. 27, 2016>
[This Article Wholly Amended by Act No. 9316, Dec. 31, 2008]
 Article 9 (Training Contracts and Rights and Obligations)
(1) Business owners and workers who intend to attend vocational skills development training may conclude a training contract specifying the rights, obligations, etc. ensuing from the vocational skills development training.
(2) Business owners may, when concluding a training contract under paragraph (1), have their workers who attend the relevant vocational skills development training engage in the duties designated by the relevant business owners for a fixed period upon completion of such training. In such cases, the fixed period shall be within five years and shall not exceed three times the period of vocational skills development training.
(3) Where a training contract under paragraph (1) is not concluded, vocational skills development training received by a hired worker shall be regarded as work performed by the worker.
(4) Every business owner who has failed to conclude a training contract under paragraph (1) shall conduct vocational skills development training during working hours provided for in Article 50 of the Labor Standards Act (hereinafter referred to as "standard working hours") and may conduct such vocational skills development training during hours outside standard working hours if an agreement is reached with the relevant workers thereon.
(5) Wages for overtime and night work need not be paid for training hours outside standard working hours unless vocational skills development training is conducted at the workplace or by using production facilities.
[This Article Wholly Amended by Act No. 9316, Dec. 31, 2008]
 Article 10 (Training Allowances)
Anyone who conducts vocational skills development training may pay training allowances to trainees receiving the training.
[This Article Wholly Amended by Act No. 9316, Dec. 31, 2008]
 Article 11 (Accident Compensation Benefits)
(1) Where a worker (excluding any worker subject to the Industrial Accident Compensation Insurance Act) who attends vocational skills development training in a relevant training establishment has an accident as a result of and in the course of the training, anyone who conducts the training shall pay the worker accident compensation benefits. In the case of a worker who receives vocational skills development training from those entrusted to provide it, the entrusting person shall pay the worker accident compensation benefits; however, where any accident has occurred due to defects of training facilities of the person entrusted with such training or other reasons attributable to the person entrusted, that person shall pay accident compensation benefits.
(2) Necessary matters concerning payment standards and procedures for accident compensation benefits under paragraph (1) shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9316, Dec. 31, 2008]
 Article 11-2 (Vocational Skills Development Projects by Public Organizations)
Public organizations may conduct any of the following projects in order to develop vocational skills of workers:
1. Vocational skills development training conducted for a person falling under any subparagraph of Article 12 (1);
2. Vocational skills development training conducted for the supply of and demand for human resources in governmental organizations and strategic industries under Article 15;
3. Survey, education, and publicity projects regarding vocational skills development projects;
4. Projects for developing and disseminating courses, media, methods, etc. of vocational skills development training;
5. Projects for nurturing and developing the abilities of vocational skills development teachers and persons in charge of development of human resources;
6. Other projects prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10337, May 31, 2010]
 Article 11-3 (Required Financial Resources)
Financial resources necessary to implement vocational skills development projects and to provide grants or loans for such projects under this Act shall be paid from the general account and the Employment Insurance Fund under the Employment Insurance Act.
[This Article Wholly Amended by Act No. 9316, Dec. 31, 2008]
 Article 11-4 (Promotion of International Cooperation)
The Minister of Employment and Labor may implement exchange and cooperation projects with international organizations, foreign governments, or foreign agencies by training foreigners' skills and techniques concerning workers’ vocational skills development or by holding and attending international conferences on vocational skills development of workers. <Amended by Act No. 10339, Jun. 4, 2010>
[This Article Wholly Amended by Act No. 9316, Dec. 31, 2008]
 Article 11-5 (Deliberation on and Coordination of Policies on Development of Vocational Skills)
For the purpose of establishing and coordinating main policies related to the development of vocational skills; linkage and efficiency of projects related thereto; etc., the Employment Policy Deliberative Council established under Article 10 of the Framework Act on Employment Policy shall deliberate on the following matters:
1. Establishment of main policies and plans for development of vocational skills;
2. Coordination of vocational skills development training conducted by a central administrative agency; local government; or person entrusted with the vocational skills development training by a central administrative agency or local government;
3. Survey and analysis of human resources and demands for vocational skills development training by region and industry, and the utilization of the results thereof;
4. Fostering of, and provision of support to, vocational skills development training establishments and vocational skills development teachers;
5. Suggestion of opinions as to improvement of vocational skills development training system;
6. Other matters tabled before the meeting of the chairperson concerning the development of vocational skills.
[This Article Newly Inserted by Act No. 13902, Jan. 27, 2016]
CHAPTER II SUPPORT, ETC. FOR WORKERS' AUTONOMOUS DEVELOPMENT OF VOCATIONAL SKILLS
 Article 12 (Support, etc. for Vocational Skills Development Training for Unemployed Persons, etc.)
(1) The State and local governments may conduct vocational skills development training to facilitate and stabilize the employment of persons (hereinafter referred to as "unemployed persons, etc), or subsidize the costs of vocational skills development training of any of the following persons: <Amended by Act No. 10337, May 31, 2010>
1. The unemployed;
2. Persons who satisfy requirements prescribed by Presidential Decree as a beneficiary, single mother, or juvenile under the National Basic Living Security Act;
3. through 5. Deleted; <by Act No. 10337, May 31, 2010>
6. Other persons prescribed by Presidential Decree.
(2) Persons eligible for vocational skills development training conducted under paragraph (1), requirements of training courses, training allowances, and other matters necessary for vocational skills development training shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9316, Dec. 31, 2008]
 Articles 13 and 14 Deleted. <by Act No. 10337, May 31, 2010>
 Article 15 (Conducting Vocational Skills Development Training for Workers in Governmental Organizations and Strategic Industries)
(1) The State and local governments may conduct vocational skills development training necessary for the efficient supply of and demand for human resources in the following occupational categories (hereinafter referred to as "workers in governmental organizations and strategic industries"): <Amended by Act No. 10337, May 31, 2010; Act No. 10339, Jun. 4, 2010>
1. Occupational categories where human resources are in short supply from among key industries to the national economy;
2. Occupational categories where human resources are in short supply from among national strategic industries, including information and communication industry and automobile industry;
3. Other occupational categories where the need for training arises from a growing demand for workforce at industrial sites, as publicly announced by the Minister of Employment and Labor.
(2) Selection criteria and procedures in key national strategic industrial occupational categories, persons eligible for training, required training courses, training allowances, and other matters necessary for vocational skills development training shall be prescribed by Presidential Decree. <Amended by Act No. 10337, May 31, 2010>
[This Article Wholly Amended by Act No. 9316, Dec. 31, 2008]
 Article 16 (Entrustment, etc. of Vocational Skills Development Training)
(1) The State or local governments which intend to conduct vocational skills development training under Articles 12 and 15 may conduct such training by concluding an entrustment contract with any person prescribed by Presidential Decree. <Amended by Act No. 10337, May 31, 2010>
(2) Anyone who has entrusted vocational skills development training under paragraph (1) may, if the person entrusted with such training falls under any of the following subparagraphs, request correction thereof or terminate the relevant entrustment contract: Provided, That where the person entrusted with such training falls under subparagraph 1 or 2, the relevant entrustment contract shall be terminated: <Amended by Act No. 10337, May 31, 2010>
1. Where he/she has been entrusted with the training by fraud or other improper means;
2. Where he/she has received or intends to obtain training fees by fraud or other improper means;
3. Where he/she has conducted vocational skills development training in violation of an entrustment contract;
4. Where he/she has failed to comply with a request for correction;
5. Where he/she has failed to comply with an order to report or to submit materials under Article 58 or has complied with such order by fraud.
(3) With respect to anyone whose entrustment contract is terminated under paragraph (2) (excluding where training fees are less than the amount prescribed by Presidential Decree from among persons whose entrustment contracts are terminated due to a reason falling under paragraph (2) 2), the State or local governments need not entrust vocational skills development training under paragraph (1) nor recognize vocational skills development training course under Articles 19 and 24 for up to five years from the date of termination. <Amended by Act No. 10337, May 31, 2010>
(4) through (6) Deleted. <Amended by Act No. 10337, May 31, 2010>
(7) Details of entrustment contracts, standards of entrustment, requests for correction, termination of entrustment contracts, and other matters necessary to implement entrusted matters under paragraphs (1) through (3) shall be prescribed by Presidential Decree. <Amended by Act No. 10337, May 31, 2010>
[This Article Wholly Amended by Act No. 9316, Dec. 31, 2008]
 Article 17 (Support for Autonomous Vocational Skills Development by Workers)
(1) The Minister of Employment and Labor may provide workers with subsidies or loans necessary to cover costs falling under each of the following subparagraphs in order to support autonomous vocational skills development of workers (excluding unemployed persons, etc.; hereafter the same shall apply in this Article.): <Amended by Act No. 10337, May 31, 2010; Act No. 10339, Jun. 4, 2010>
1. Fees for taking vocational skills development training courses recognized by the Minister of Employment and Labor under Article 19;
2. Tuition fees and other payments for a training course that is deemed equivalent to, or higher than, junior colleges under the Higher Education Act;
3. Of costs similar to those provided in subparagraphs 1 and 2, those prescribed by Presidential Decree;
4. Deleted. <Amended by Act No. 10337, May 31, 2010>
(2) Where the Minister of Employment and Labor provides workers with subsidies and loans under paragraph (1), he/she may give preferential treatment to workers falling under each of the following subparagraphs: <Amended by Act No. 10339, Jun. 4, 2010>
1. Workers hired by enterprises meeting the standards determined by Presidential Decree;
2. Workers prescribed by Presidential Decree from among workers under Article 3 (4) 9 or 10.
(3) Necessary matters concerning requirements, details, procedures, levels of subsidies or loans, and preferential support under paragraphs (1) and (2) shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9316, Dec. 31, 2008]
 Article 18 (Issuance and Operation of Accounts for Vocational Skills Development)
(1) In order to support any of the following persons in their autonomous vocational skills development, the Minister of Employment and Labor may issue an account (hereinafter referred to as "account for vocational skills development") that provides subsidies for vocational skills development training, and operate a system to comprehensively administer their history of vocational skills development: <Amended by Act No. 11272, Feb. 1, 2012>
1. Unemployed persons, etc.;
2. Persons designated by the Minister of Employment and Labor among workers who are currently employed while preparing to change jobs, or to start a business, etc.
(2) The Minister of Employment and Labor shall provide persons falling under any subparagraph of paragraph (1) with information on vocational skills development training courses (hereinafter referred to as "training course fit for the account") for which training costs are paid from the account for vocational skills development so that they can undergo the necessary vocational skills development training by using the account for vocational skills development. <Amended by Act No. 11272, Feb. 1, 2012>
(3) Issuance of vocational skills development accounts, provision of information on training courses fit for the account, and other matters necessary for operation of the account system for vocational skills development under paragraphs (1) and (2) shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10337, May 31, 2010]
 Article 19 (Approval of, or Revocation of Approval of Vocational Skills Development Training Courses and Training Courses Fit for Account, etc.)
(1) Anyone who intends to conduct vocational skills development training, fees for which may be subsidized or loaned to workers under Article 17 (1) 1, and anyone who intends to operate a training course fit for the account shall obtain recognition for the vocational skills development training course (including the training course fit for the account; hereafter the same shall be applied in this Article) from the Minister of Employment and Labor. <Amended by Act No. 11272, Feb. 1, 2012>
(2) Where anyone who has obtained recognition for the vocational skills development training course under paragraph (1) falls under any of the following cases, the Minister of Employment and Labor may issue a corrective order or revoke recognition for such training course: Provided, That where he/she falls under subparagraphs 1 through 4, the recognition shall be revoked: <Amended by Act No. 11272, Feb. 1, 2012>
1. Where he/she has obtained recognition under paragraph (1) by fraud or other improper means;
2. Where he/she has obtained or intends to obtain subsidies or loans to cover training costs by fraud or other improper means;
3. Where he/she has collected or intends to collect costs from workers taking vocational skills development training courses by fraud or other improper means;
4. Where he/she has workers taking vocational skills development training courses obtain subsidies or loans to cover training costs by fraud or other improper means;
5. Where he/she has conducted vocational skills development training in violation of the details of recognition granted under paragraph (1);
6. Where he/she has failed to comply with a corrective order;
7. Where he/she has failed to comply with an order to report or to submit materials under Article 58 or has complied with such order by fraud.
(3) The Minister of Employment and Labor may elect to neither entrust vocational skills development training under Article 16 (1) to anyone for whom the recognition is revoked under paragraph (2) (excluding where costs that he/she has spent are less than the amount prescribed by Presidential Decree, among persons who fall under paragraph (2) 2 through 4 and thus their recognition is revoked) nor recognize thereof under paragraph (1) and Article 24 for up to five years from the date of revocation.
(4) The scope of, requirements for, details and period of validity of the recognition for vocational skills development training courses under paragraph (1), and other necessary matters shall be prescribed by Presidential Decree.
(5) Detailed standards for corrective orders and revocation of recognition under paragraphs (2) and (3), the specific period for which recognition is restricted on the grounds of revocation of recognition, and other necessary matters shall be prescribed by Ordinance of the Ministry of Employment and Labor. <Amended by Act No. 11272, Feb. 1, 2012>
[This Article Newly Inserted by Act No. 10337, May 31, 2010]
CHAPTER III SUPPORT FOR VOCATIONAL SKILLS DEVELOPMENT PROJECTS BY BUSINESS OWNERS, ETC.
 Article 20 (Support to Vocational Skills Development for Business Owners, Organizations of Business Owners, etc.)
(1) The Minister of Employment and Labor may provide or loan money to business owners, their organizations, workers' organizations, or its alliances that conduct any of the following vocational skills development projects (hereinafter referred to as "business owners' organization, etc.") to cover expenses incurred in connection with the projects: <Amended by Act No. 10337, May 31, 2010; Act No. 10339, Jun. 4, 2010>
1. Vocational skills development training for workers (including where business owners' organization, etc. conduct the training by entrusting it to another entity);
2. Qualification examination projects for workers;
3. Vocational skills development projects conducted jointly with enterprises under Article 19 (2) of the Employment Insurance Act (hereinafter referred to as "enterprises eligible for preferential support") or small and medium enterprises for workers, etc. who work for enterprises eligible for preferential support or small and medium enterprises;
4. Projects for establishing and repairing facilities (including dormitories), equipment, machinery, and materials necessary for vocational skills development training;
5. Projects for investigating and studying vocational skills development, the course providing vocational skills development training, developing and supplying media, etc.
6. Deleted. <Amended by Act No. 10337, May 31, 2010>
7. Other projects prescribed by Presidential Decree.
(2) Where the Minister of Employment and Labor provides business owners or business owners' organization, etc. with subsidies or loans under paragraph (1), he/she may preferentially treat any business owner or business owners' organization, etc. who conduct any of the following vocational skills development projects: <Amended by Act No. 10337, May 31, 2010; Act No. 10339, Jun. 4, 2010; Act No. 13042, Jan. 20, 2015>
1. Vocational skills development training conducted for workers other than their own employees;
2. Vocational skills development training for workers of governmental organizations and strategic industries;
3. Vocational skills development training conducted according to the master plan for the education, training, and ability development of workers decided by the labor-management council under Article 21 of the Act on the Promotion of Workers' Participation and Cooperation (referring to vocational skills development training conducted according to a training plan established in consultation with a labor union or a representative of a majority of workers if a labor-management council does not exist);
4. Vocational skills development training conducted by granting paid leave (excluding monthly or annual paid leave under Article 60 of the Labor Standards Act);
5. Vocational skills development projects falling under paragraph (1) 3;
6. Vocational skills development projects conducted by business owners of enterprises meeting the standards determined by Presidential Decree;
7. Vocational skills development training to be conducted for the aged as defined in subparagraph 1 of Article 2, or the middle-aged as defined in subparagraph 2 of the same Article (limited to where they intend to change jobs) of the Act on Prohibition of Age Discrimination in Employment and Elderly Employment Promotion.
(3) Necessary matters concerning requirements, details, procedures, levels of subsidies or loans, and preferential support under paragraphs (1) and (2) shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9316, Dec. 31, 2008]
 Article 21 Moved to Article 17
 Article 22 (Support for Vocational Skills Development Projects by Industry Category)
(1) Where the Industry-Specific Human Resources Development Council, a workers' organization, or an employers' organization, etc. conducts any of the following vocational skills development projects, the Minister of Employment and Labor may provide subsidies and loans necessary to cover the project costs to promote vocational skills development projects: <Amended by Act No. 10337, May 31, 2010; Act No. 10339, Jun. 4, 2010; Act No. 13902, Jan. 27, 2016>
1. Inspection and analysis of the industry-specific demand for and supply of human resources and demand for vocational skills development training;
2. Development and dissemination of qualifications and standards of vocational skills development training;
3. Projects to develop, supplement, and disseminate vocational skills development training media, courses, etc.;
4. and 5. Deleted. <Amended by Act No. 10337, May 31, 2010>
6. Other vocational skills development projects prescribed by Presidential Decree as being equivalent to those referred to in subparagraphs 1 through 3.
(2) Matters necessary for requirements, details, procedures, and levels of subsidies and loans under paragraph (1) shall be prescribed by Presidential Decree. <Amended by Act No. 10337, May 31, 2010>
(3) Deleted. <by Act No. 10337, May 31, 2010>
[This Article Wholly Amended by Act No. 9316, Dec. 31, 2008]
 Article 22-2 (Composition, Operation, etc. of Regional Human Resources Development Committees)
(1) In order to deliberate on the following matters, the Minister of Employment and Labor may establish and operate a regional human resources development committee in each region (hereinafter referred to as "regional human resources development committee"):
1. Formulation of master plans for training of regional human resources;
2. Survey of demands of human resources in the region and their education and training;
3. Survey of current state of regional education and training institutions and their education and training courses;
4. Allocation and coordination of financial resources related to the development of human resources in the region;
5. Connection and evaluation of human resources training projects in the region;
6. Suggestion of opinions for the improvement of efficiency of human resources training projects conducted by a central administrative agency or a local government in the relevant region and for the reflection of budget therefor;
7. Other matters prescribed by Presidential Decree as those necessary for the vitalization of development of human resources in the region.
(2) Composition and operation of regional human resources development committees and other necessary matters shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 13902, Jan. 27, 2016]
 Article 22-3 (Support, etc. for Regional Human Resources Development Committees)
(1) The Minister of Employment and Labor or the head of a local government may fully or partially subsidize expenses incurred in operating a regional human resources development committee, within budgetary limits.
(2) In promoting a human resources training project, or establishing a plan therefor, at regional level, the head of a central administrative agency, the head of a local government, etc. shall hear the opinion of the relevant regional human resources development committee.
(3) The Minister of Employment and Labor may designate a specialized research institute to assist in the survey of demand for education and training and the formulation of master plans for development of human resources conducted by a regional human resources development committee.
[This Article Newly Inserted by Act No. 13902, Jan. 27, 2016]
 Article 23 (Support for Vocational Skills Development Projects Implemented by Vocational Skills Development Organizations)
(1) The Minister of Employment and Labor may subsidize or loan costs required for vocational skills development projects conducted by the non-profit corporations or non-profit organizations prescribed by Presidential Decree (hereinafter referred to as "vocational skills development organizations"). <Amended by Act No. 10339, Jun. 4, 2010>
(2) Necessary matters concerning the requirements, details, procedures and levels of subsidies or loans referred to in paragraph (1) shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9316, Dec. 31, 2008]
 Article 23-2 (Keeping Documents concerning Subsidies and Loans)
(1) Anyone who has obtained subsidies or loans to cover costs of vocational skills development training under Articles 12, 20, 22, and 23 (including any person who conducts vocational skills development training after being entrusted therewith) and anyone who intends to conduct vocational skills development training, fees for which may be subsidized or loaned to workers under Article 17 (1) 1 shall keep relevant documents determined by Ordinance of the Ministry of Employment and Labor for three years: Provided, That the period for keeping documents concerning subsidies and loans to cover costs incurred in the establishment and repair of facilities (including dormitories), equipment, instruments, and materials to conduct vocational skills development training shall be determined by Ordinance of the Ministry of Employment and Labor within ten years. <Amended by Act No. 10337, May 31, 2010; Act No. 10339, Jun. 4, 2010>
(2) Documents referred to in paragraph (1) may be prepared and kept in electronic form as defined in subparagraph (1) of Article 2 of the Framework Act on Electronic Documents and Transactions. <Newly Inserted by Act No. 10337, May 31, 2010; Act No. 11461, Jun. 1, 2012>
[This Article Newly Inserted by Act No. 9316, Dec. 31, 2008]
 Article 24 (Recognition or Revocation of Recognition, etc. of Vocational Skills Development Training Courses)
(1) Anyone who intends to conduct vocational skills development training under Articles 20 and 23 (including any person who conducts vocational skills development training after being entrusted therewith) shall obtain recognition for the relevant vocational skills development training courses from the Minister of Employment and Labor. <Amended by Act No. 10337, May 31, 2010; Act No. 10339, Jun. 4, 2010>
(2) If anyone who has obtained recognition for vocational skills development training course under paragraph (1) falls under any of the following cases, the Minister of Employment and Labor may issue a corrective order or revoke the recognition for the relevant training course: Provided, That where he/she falls under subparagraphs 1 through 4, the recognition shall be revoked: <Amended by Act No. 10337, May 31, 2010; Act No. 11272, Feb. 1, 2012>
1. Where he/she has obtained recognition under paragraph (1) by fraud or other improper means;
2. Where he/she has obtained or intends to obtain subsidies or loans by fraud or other improper means;
3. Where he/she has collected or intends to collect costs from a business owner, business owners' organization, etc. who has entrusted vocational skills development training, by fraud or other improper means;
4. Where a business owner or business owners' organization, etc. who has entrusted vocational skills development training has him/her obtain subsidies or loans for training costs by fraud or other improper means;
5. Where he/she has conducted vocational skills development training in violation of the details of recognition granted under paragraph (1);
6. Where he/she has failed to comply with a corrective order;
7. Where he/she has failed to comply with an order to report and to submit materials under Article 58, or has complied with such order by fraud.
(3) The Minister of Employment and Labor may elect to neither entrust the vocational skills development training under Article 16 (1) to anyone for whom the recognition is revoked under paragraph (2) (excluding where costs that he/she has spent are less than the amount prescribed by Presidential Decree among persons who fall under subparagraphs 2 through 4 of paragraph (2) and thus the recognition is revoked) nor grant recognition under paragraph (1) and Article 19 for up to five years from the date of revocation. <Newly Inserted by Act No. 10337, May 31, 2010>
(4) The scope of, requirements for, details and period of validity of the recognition for vocational skills development training courses under paragraphs (1), and other necessary matters shall be prescribed by Presidential Decree. <Newly Inserted by Act No. 10337, May 31, 2010>
(5) Detailed standards for corrective orders and revocation of recognition under paragraphs (2) and (3), the specific period for which recognition is restricted on the grounds of revocation of recognition, and other necessary matters shall be prescribed by Ordinance of the Ministry of Employment and Labor. <Newly Inserted by Act No. 10337, May 31, 2010; Act No. 11272, Feb. 1, 2012>
[This Article Wholly Amended by Act No. 9316, Dec. 31, 2008]
 Article 25 Moved to Article 55
 Article 26 Moved to Article 56
CHAPTER IV VOCATIONAL SKILLS DEVELOPMENT TRAINING CORPORATIONS, VOCATIONAL SKILLS DEVELOPMENT TRAINING ESTABLISHMENTS, VOCATIONAL SKILLS DEVELOPMENT TEACHERS, ETC.
 Article 27 (Setting up, etc. Public Occupational Training Establishments)
(1) The State, local governments, or public organizations may set up and operate public occupational training establishments. In such cases, where the State or local government intends to set up any public occupational training establishment, it shall consult with the Minister of Employment and Labor thereon, and where public organization intends to set up a public occupational training establishment, it shall obtain approval therefor from the Minister of Employment and Labor. <Amended by Act No. 10337, May 31, 2010; Act No. 11272, Feb. 1, 2012>
(2) Where any public occupational training establishment approved pursuant to paragraph (1) falls under any of the following cases, the Minister of Employment and Labor may revoke approval therefor: Provided, That where it falls under subparagraph 1, approval therefor shall be revoked: <Amended by Act No. 10339, Jun. 4, 2010>
1. Where any public occupational training establishment has obtained approval by fraud or other improper means;
2. Where any public occupational training establishment has failed to conduct training for at least one year without good cause;
3. Where any public occupational training establishment has violated this Act or any order issued under this Act.
(3) The Minister of Employment and Labor may request relevant agencies to submit necessary materials regarding the operation of public occupational training establishments set up by the State, a local government, or public organization. <Newly Inserted by Act No. 10337, May 31, 2010; Act No. 11272, Feb. 1, 2012>
(4) Necessary matters concerning procedures for consultation and approval under paragraph (1) and other matters shall be prescribed by Presidential Decree. <Amended by Act No. 10337, May 31, 2010; Act No. 10339, Jun. 4, 2010>
[This Article Wholly Amended by Act No. 9316, Dec. 31, 2008]
 Article 28 (Designated Occupational Training Establishments)
(1) Anyone who intends to set up and operate any designated occupational training establishment shall obtain designation from the Minister of Employment and Labor by satisfying each of the following requirements: Provided, That where any business owner or any business owners' organization, etc. that operates an exclusive institution for vocational skills development training of his/her/its workers, etc. intends to obtain designation, the requirements referred to in subparagraphs 2 and 3 need not be satisfied, and where any person who intends to conduct vocational skills development training after being entrusted therewith, intends to obtain designation, the requirement in subparagraph 3 need not be satisfied, respectively: <Amended by Act No. 10339, Jun. 4, 2010; Act No. 13902, Jan. 27, 2016>
1. He/she shall have adequate human resources, facilities, equipment, etc. to properly operate the relevant training establishment;
2. He/she shall have career experience in educational training that allows him/her to manage the relevant training establishment appropriately;
3. He/she shall hire at least one vocational skills development teacher related to the occupational category targeted by the training under Article 33, for each occupational category in question: Provided, That the same shall not apply to where vocational skills development teachers related to the occupational category targeted by the training have not been determined yet;
4. He/she shall meet the requirements prescribed by Presidential Decree as necessary to manage a vocational skills development training establishment.
(2) Where anyone intends to change matters prescribed by Presidential Decree from among the details designated under paragraph (1), he/she shall obtain designation for changes from the Minister of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010>
(3) Where anyone who has obtained designation under paragraph (1) has failed to conduct vocational skills development training at the relevant institution for at least three months or to close the institution or intends to change details of the designation, other than matters prescribed by Presidential Decree under paragraph (2), he/she shall report to the Minister of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010>
(4) Necessary matters concerning details of designation, detailed standards, procedures, etc. of designation, designation for changes and reporting under paragraphs (1) through (3) shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9316, Dec. 31, 2008]
 Article 29 (Grounds for Disqualification)
No one who intends to receive designation as a vocational skills development training establishment under Article 28 shall be qualified for designation under Article 28 if he/she falls under any of the following subparagraphs: <Amended by Act No. 10337, May 31, 2010; Act No. 13042, Jan. 20, 2015; Act No. 13902, Jan. 27, 2016>
1. Any person who has been declared incompetent under the adult guardianship or quasi-incompetent under the limited guardianship, or any minor;
2. Any person who was declared bankrupt and is not reinstated;
3. Any person who has been sentenced to imprisonment without labor or greater punishment and for whom two years have not yet lapsed since the date the execution of such sentence was complete or the exemption of the execution of such sentence was made definite (including where the execution of the sentence is deemed completed);
4. Any person who is under suspension of the execution of sentence of his/her imprisonment without labor or greater punishment;
5. Any person who is disqualified, or whose qualification is suspended by a court;
6. Any person for whom one year has not yet lapsed from the date the designation of the occupational training establishment was revoked under Article 31 (1) 1 or 4 through 8 or any person under suspension of the disposition to suspend vocational skills development training;
7. Any person who has been subjected to a disposition to revoke the authorization for establishing a lifelong educational establishment or the registration thereof under Article 42 (1) 1, 3 or 5 of the Lifelong Education Act and for whom one year has not yet lapsed since the date on which such authorization or such registration was revoked or any person under suspension of the disposition to suspend operating lifelong educational courses;
8. Any person who has been subject to a disposition to delete the registration of a private teaching institute or to close a teaching school under Article 17 of the Act on the Establishment and Operation of Private Teaching Institutes and Extracurricular Lessons and for whom one year has not yet lapsed since the date on which such disposition was taken or any person under suspension of the disposition to suspend operating a private teaching institute or teaching school;
9. Any person who is subject to restrictions on entrustment under Article 16 (3), or restrictions on recognition under Article 19 (3) and 24 (3);
10. Any corporation, an executive officer of which falls under any of subparagraphs 1 through 9.
[This Article Wholly Amended by Act No. 9316, Dec. 31, 2008]
 Article 30 (Training Fees)
(1) Anyone who operates a designated occupational training establishment may receive training fees from workers.
(2) Anyone who operates a designated occupational training establishment shall take measures necessary to protect workers, such as refund of training fees if workers are unable to continue receiving vocational skills development training or he/she is unable to continue conducting vocational skills development training on the grounds of the revocation of designation, closure, etc.
(3) Necessary matters concerning the grounds for returning training fees, the amount of return, etc. under paragraph (2) shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9316, Dec. 31, 2008]
 Article 31 (Revocation of Designation, etc. of Designated Occupational Training Establishments)
(1) Where any designated occupational training establishment under Article 28 falls under any of the following cases, the Minister of Employment and Labor may issue a corrective order, revoke its designation, or order the suspension of vocational skills development training within a specified period not exceeding one year: Provided, That where it falls under subparagraph 1 or 3 (limited to cases falling under any of subparagraphs 1 through 8 of Article 29), its designation shall be revoked: <Amended by Act No. 10339, Jun. 4, 2010; Act No. 11272, Feb. 1, 2012; Act No. 13902, Jan. 27, 2016>
1. Where it has obtained designation under Article 28 by fraud or other improper means;
2. Where it has failed to meet any of the requirements for designation under Article 28 (including where it becomes impossible to use the relevant establishment for the purpose of occupational training due to an administrative disposition issued according to any violation of the Building Act or another statute);
3. Where it falls under any subparagraph of Article 29;
4. Where it has failed to continue conducting vocational skills development training for at least one year without good cause;
5. Where it has operated a designated occupational training establishment by improper means, such as changing details of designation without obtaining the designation for change;
6. Where it has placed exaggerated or false advertising when recruiting trainees;
7. Where it has failed to comply with any corrective order;
8. Where it has violated this Act or any order issued under this Act.
(2) Detailed standards for corrective orders, the revocation of designation, and disposition of suspension under paragraph (1) shall be prescribed by Presidential Decree, taking into account the grounds for the disposition and the severity of the relevant violation, etc. <Amended by Act No. 10339, Jun. 4, 2010; Act No. 11272, Feb. 1, 2012>
[This Article Wholly Amended by Act No. 9316, Dec. 31, 2008]
 Article 32 (Establishment, etc. of Corporations for Vocational Skills Development Training)
(1) The Minister of Employment and Labor may grant permission to establish a non-profit corporation (hereinafter referred to as "vocational skills development training corporation") which intends to implement vocational skills development projects falling under any of the following subparagraphs: <Amended by Act No. 10339, Jun. 4, 2010>
1. Vocational skills development training;
2. Survey and research projects to develop workers' vocational skills;
3. Projects to develop and disseminate vocational skills development training media, courses, etc.
(2) Where any corporation for vocational skills development training under paragraph (1) falls under any of the following subparagraphs, the Minister of Employment and Labor may issue a corrective order or revoke permission to establish the relevant corporation: Provided, That where it falls under any of subparagraphs 1 through 3, permission therefor shall be revoked: <Amended by Act No. 10337, May 31, 2010; Act No. 10339, Jun. 4, 2010>
1. Where it has obtained permission for establishment by fraud or other improper means;
2. Where it has violated terms and conditions of permission for establishment;
3. Where it is impossible to achieve its objectives;
4. Where it has implemented projects other than the intended projects;
5. Where it has been subject to restrictions on entrustment under Article 16 (3) and on recognition under Article 19 (3) and 24 (3) or its designation as a designated occupational training establishment is revoked under Article 31 (1);
6. Where it has violated this Act or any order issued under this Act or the articles of association;
7. Where it has failed to commence an intended project without good cause within six months from the date its permission for establishment is granted or has filed to perform a project for at least one year.
(3) Where any corporation for vocational skills development training falls under any of the following subparagraphs while performing any profit-making project, the Minister of Employment and Labor may order the relevant corporation for vocational skills development training to correct or suspend such profit-making project: <Amended by Act No. 10339, Jun. 4, 2010>
1. Where it has used earnings for projects other than the intended project;
2. Where the continuation of the relevant project is recognized as a violation of the objectives of the corporation for vocational skills development training.
(4) Necessary matters concerning the matters to be included in the articles of association of the corporation for vocational skills development training under paragraph (1) and requirements, standards, etc. for permission, shall be prescribed by Presidential Decree.
(5) The provisions governing incorporated foundations under the Civil Act shall apply mutatis mutandis to matters not provided for in this Act concerning corporations for vocational skills development training.
[This Article Wholly Amended by Act No. 9316, Dec. 31, 2008]
 Article 32-2 (Special Cases concerning Dissolution of Corporations for Vocational Skills Development Training)
(1) Where any corporation for vocational skills development training intends to convert itself into a designated occupational training establishment for the purpose of making profits, it may dissolve itself by obtaining permission from the Minister of Employment and Labor, notwithstanding Article 77 of the Civil Act. <Amended by Act No. 10339, Jun. 4, 2010>
(2) Any corporation for vocational skills development training which intends to obtain permission from the Minister of Employment and Labor under paragraph (1) shall submit to the Minister of Employment and Labor, an application for permission for dissolution, along with a plan for disposal of residual assets. <Amended by Act No. 10339, Jun. 4, 2010>
(3) Dissolution under paragraph (1) and a plan for disposal of residual assets under paragraph (2) shall require consent of no less than 2/3 of its directors.
(4) Any corporation for vocational skills development training to be dissolved under paragraph (1) may, notwithstanding Article 80 of the Civil Act, revert all or part of the residual assets to any person determined by the plan for disposal of residual assets. In such cases, a person to whom the residual assets have been reverted shall not dispose of or change the said assets for any purpose other than for vocational skills development training for ten years from the date the assets are reverted.
(5) The Minister of Employment and Labor may collect an amount not exceeding that equivalent to the assets disposed of or changed or order to restore it to the original state from or to anyone who violates the latter part of paragraph (4), as prescribed by Presidential Decree. <Amended by Act No. 10339, Jun. 4, 2010>
(6) Deleted. <by Act No. 13902, Jan. 27, 2016>
(7) Article 56 (4) shall apply mutatis mutandis to anyone who fails to pay the amount of collection by the deadline after being ordered to do so under paragraph (5). <Amended by Act No. 10337, May 31, 2010>
(8) Matters necessary for the management, etc. of assets reverted under paragraph (4) shall be determined by Ordinance of the Ministry of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010; Act No. 13902, Jan. 27, 2016>
[This Article Wholly Amended by Act No. 9316, Dec. 31, 2008]
 Article 33 (Vocational Skills Development Teachers)
(1) Vocational skills development teachers and other persons prescribed by Presidential Decree as having expert knowledge in the relevant field may provide vocational skills development training for workers.
(2) Anyone who intends to become a vocational skills development teacher shall comply with the standards prescribed by Presidential Decree, such as completion of training courses for educating vocational skills development teachers under Article 36, and obtain a certificate of qualification as a vocational skills development teacher from the Minister of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010>
(3) Anyone who intends to obtain a certificate of qualifications as a vocational skills development teacher under paragraph (2) shall pay a fee as prescribed by Ordinance of the Ministry of Employment and Labor. <Newly Inserted by Act No. 10337, May 31, 2010; Act No. 11272, Feb. 1, 2012>
(4) The types, grades, and standards for qualifications of vocational skills development teachers, and other necessary matters concerning vocational skills development teachers shall be prescribed by Presidential Decree. <Amended by Act No. 10337, May 31, 2010>
[This Article Wholly Amended by Act No. 9316, Dec. 31, 2008]
 Article 34 (Grounds for Disqualification)
Anyone who falls under any of the following subparagraphs shall not be qualified as a vocational skills development teacher provided for in Article 33: <Amended by Act No. 13042, Jan. 20, 2015>
1. Any person who has been declared incompetent under the adult guardianship or quasi-incompetent under the limited guardianship;
2. Any person who has been sentenced to imprisonment without labor or heavier punishment and for whom two years have not yet lapsed since the date the execution of such sentence is terminated or exempted (including where the execution of the sentence is deemed to have been terminated);
3. Any person under a grace period after having been sentenced to a suspended sentence of imprisonment without labor or heavier punishment;
4. Any person who is disqualified, or whose qualification is suspended according to a court ruling;
5. Any person for whom three years have not yet lapsed since his/her qualifications have been revoked under Article 35 (1) 1, 3 or 4.
[This Article Wholly Amended by Act No. 9316, Dec. 31, 2008]
 Article 35 (Revocation, etc. of Qualifications of Teachers of Vocational Skills Development Training)
(1) Where anyone who has acquired qualifications as a vocational skills development teacher falls under any of the following subparagraphs, the Minister of Employment and Labor may revoke his/her qualifications or suspend his/her qualifications for up to three years: Provided, That where he/she falls under subparagraph 1 or 2, his/her qualifications shall be revoked: <Amended by Act No. 10337, May 31, 2010; Act No. 10339, Jun. 4, 2010>
1. Where he/she is issued a certificate of qualifications by fraud or other improper means;
2. Where he/she falls under any of subparagraphs 1 through 4 of Article 34;
3. Where he/she causes significant hindrance to vocational skills development training by intention or gross negligence;
4. Where he/she lends his/her certificate of qualifications.
(2) Detailed standards for the revocation of qualifications and the disposition of suspension under paragraph (1) shall be determined by Ordinance of the Ministry of Employment and Labor taking into account the grounds for the disposition, the severity of violation, etc. <Amended by Act No. 10339, Jun. 4, 2010>
[This Article Wholly Amended by Act No. 9316, Dec. 31, 2008]
 Article 36 (Nurturing Vocational Skills Development Teachers)
(1) The State, local governments, public organizations, or corporations, or organizations announced by the Minister of Employment and Labor may establish and operate courses to train vocational skills development teachers. In such cases, if anyone, other than the State and local governments, intends to establish and operate such training courses, he/she shall obtain approval therefor from the Minister of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010; Act No. 13902, Jan. 27, 2016>
(2) Anyone who intends to obtain approval under paragraph (1) shall meet each of the following requirements: <Amended by Act No. 13902, Jan. 27, 2016>
1. He/she shall have adequate human resources, facilities, and equipment to properly operate courses for training vocational skills development teachers;
2. Any person who intends to obtain the relevant approval shall possess educational training experience sufficient to properly operate training courses;
3. He/she shall not fall under grounds for disqualification pursuant to each subparagraph of Article 29;
4. He/she shall meet other requirements prescribed by Presidential Decree as necessary to nurture vocational skills development teachers.
(3) Where anyone who has obtained approval under paragraph (1) falls under any of the following subparagraphs, the Minister of Employment and Labor may issue a corrective order or revoke approval therefor: Provided, That if he/she falls under subparagraph 1 or 2, the approval shall be revoked: <Amended by Act No. 10339, Jun. 4, 2010>
1. Where he/she has obtained approval by fraud or other improper means;
2. Where he/she falls under any subparagraph of Article 29: Provided, That this shall not apply to cases falling within subparagraph 10 of Article 29, especially if he/she has replaced the relevant executive officer within three months.
3. Where he/she has failed to meet the requirements for approval under paragraph (2);
4. Where he/she has failed to conduct the training for nurturing vocational skills development teachers for at least one year without good cause;
5. Where he/she has failed to comply with corrective orders;
6. Where he/she has violated this Act or any order issued under this Act.
(4) Necessary matters concerning kinds of training courses and procedures for approval provided for in paragraph (1); detailed standards for approval requirements under paragraph (2) 1 and 2; detailed standards for corrective orders and the revocation of approval, etc. issued under paragraph (3); and other relevant matters shall be determined by Ordinance of the Ministry of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010; Act No. 13902, Jan. 27, 2016>
[This Article Wholly Amended by Act No. 9316, Dec. 31, 2008]
 Article 37 (Capability Development for Vocational Skills Development Teachers)
(1) The Minister of Employment and Labor may implement vocational skills development projects for developing capabilities of vocational skills development teachers. <Amended by Act No. 10339, Jun. 4, 2010>
(2) The Minister of Employment and Labor may subsidize or loan expenses incurred by anyone in implementing vocational skills development projects for developing capabilities of vocational skills development teachers. <Amended by Act No. 10339, Jun. 4, 2010>
(3) Details of projects, methods of implementation, requirements, details, procedures and levels of subsidies under paragraphs (1) and (2) shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9316, Dec. 31, 2008]
 Article 38 (Training Standards for Vocational Skills Development Training)
(1) The Minister of Employment and Labor may determine training standards regarding objectives of training, detailed curricula, facilities, equipment, teachers, etc. for each type of occupation subject to training in order to conduct vocational skills development training systematically and effectively. <Amended by Act No. 10339, Jun. 4, 2010>
(2) Detailed matters concerning training standards under paragraph (1) and procedures of determining and changing such standards shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9316, Dec. 31, 2008]
CHAPTER V POLYTECHNIC COLLEGES, UNIVERSITY OF TECHNOLOGY AND EDUCATION, ETC.
 Article 39 (Establishment of Polytechnic Colleges)
(1) The State, local governments, or educational foundations under the Private School Act (hereinafter referred to as "educational foundation") may establish and manage a polytechnic college to educate necessary human resources at industrial sites and support the development of vocational ability of workers.
(2) Where the State intends to establish and manage a polytechnic college, the head of a relevant central administrative agency shall consult with the Minister of Education and the Minister of Employment and Labor, respectively, and where a local government intends to establish and manage a polytechnic college, the head of a relevant local government shall consult with the Minister of Employment and Labor, and obtain approval therefor from the Minister of Education. <Amended by Act No. 11272, Feb. 1, 2012; Act No. 11690, Mar. 23, 2013>
(3) When an educational foundation intends to establish and manage a polytechnic college, it shall obtain approval therefor from the Minister of Education, upon recommendation of the Minister of Employment and Labor. <Amended by Act No. 11272, Feb. 1, 2012; Act No. 11690, Mar. 23, 2013>
(4) Anyone who intends to establish and manage a polytechnic college shall meet the standards for establishment prescribed by Presidential Decree, such as standards for facilities and equipment.
(5) A polytechnic college that has obtained approval from the Minister of Education under paragraph (2) or (3) shall be deemed a vocational skills development training establishment and may use a different title in consideration of its characteristics. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Newly Inserted by Act No. 10337, May 31, 2010]
 Article 40 (Classification, etc. of Courses)
(1) The education and training courses in a polytechnic college shall be classified as follows: <Amended by Act No. 11272, Feb. 1, 2012>
1. Courses for multi-functional technicians: Education and training courses to nurture workforce with skills and knowledge required by at least two types of occupational categories so that they can contribute to increasing productivity and solving technical problems throughout the entire process from development to manufacture of products;
1-2. Advanced major courses with a degree: Advanced major courses that facilitate and support the continuing education of persons who have graduated from polytechnic colleges or junior colleges and to confer a bachelor's degree upon them;
2. Occupational training courses;
(a) Courses for master mechanic: Occupational training courses to educate middle managers of production sites so that they can have the highest level of skills in the area of their expertise and knowledge about production management techniques, and perform duties such as managing tasks and guiding and supervising technicians under their control;
(b) Courses of vocational skills development training;
(c) Education and training courses, other than the courses for multi-functional technician and the advanced major courses with a degree.
(2) The head of a polytechnic college (hereinafter referred to as "dean of a college") shall endeavor to maintain balance between the courses for multi-functional technician and occupational training courses.
(3) A polytechnic college may perform the following projects, other than the education and training courses referred to in paragraph (1): <Amended by Act No. 11272, Feb. 1, 2012>
1. Vocational skills development projects (excluding vocational skills development training);
2. Industry-academia cooperation projects, such as providing technical guidance to small and medium enterprises and operating the business incubators;
3. Projects entrusted by the Minister of Employment and Labor, the head of a central administrative agency, the head of a local government, a business owner, etc.;
4. Vocational counseling for, and projects promoting employment of, trainees;
5. Other projects that contribute to the regional development, such as lifelong ability development for regional residents.
(4) Matters concerning the establishment and operation of the courses for multi-functional technician, the advanced major courses with a degree, and the occupational training courses shall be prescribed by Presidential Decree. <Amended by Act No. 11272, Feb. 1, 2012>
[This Article Newly Inserted by Act No. 10337, May 31, 2010]
 Article 40-2 (Authorization, etc. for Advanced Major Courses with Degree)
(1) Anyone who intends to establish and operate an advanced major course with a degree shall operate the courses for multi-functional technician related thereto and obtain authorization therefor from the Minister of Employment and Labor.
(2) The Minister of Employment and Labor shall seek prior consultation with the Minister of Education, when he/she intends to grant authorization for establishing an advanced major course with a degree under paragraph (1). <Amended by Act No. 11690, Mar. 23, 2013>
(3) An advanced major course with a degree established and operated under paragraphs (1) and (2) shall be deemed an advanced major course under Article 49 of the Higher Education Act.
(4) Persons eligible to enter an advanced major course with a degree shall be those who have work experience in the relevant field after having graduated from a polytechnic college or junior college in the same field of studies.
(5) Detailed matters concerning the standards for authorization and eligibility for entrance under paragraphs (1) through (4) shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 11272, Feb. 1, 2012]
 Article 40-3 (Affiliated Schools)
(1) A person who establishes and manages a polytechnic college pursuant to Article 39 may establish and operate high schools, high technical schools, or other various kinds of schools defined in subparagraph 3 or 5 of Article 2 of the Elementary and Secondary Education Act, affiliated to the polytechnic college (hereinafter referred to as "affiliated schools").
(2) A person who intends to establish and operate an affiliated school pursuant to paragraph (1) shall consult with the Minister of Employment and Labor and obtain authorization from the Superintendent of an Office of Education which belongs to the Special Metropolitan City, a Metropolitan City, a Metropolitan Autonomous City, a Do, or a Special Self-Governing Province having jurisdiction over the affiliated school.
[This Article Newly Inserted by Act No. 13902, Jan. 27, 2016]
 Article 41 (Recognition of Credits and Conferment of Degrees)
(1) The dean of a college may, within the scope of Presidential Decree, recognize any of the following credits as those obtained from a polytechnic college in accordance with school regulations: <Amended by Act No. 13902, Jan. 27, 2016>
1. Credit obtained from any college, local or overseas, equivalent to or higher than a school defined in any subparagraph of Article 2 of the Higher Education Act;
3. Credit obtained from any lifelong education organization under Article 2 (2) of the Lifelong Education Act;
4. Credit obtained by a person who takes leave from school temporarily for enlistment in active duty service or other military service pursuant to Article 73 (2) of the Military Service Act by attending a remote education class.
(2) The dean of a college may recognize credit for a person falling under any of the following subparagraphs, as prescribed by Presidential Decree: <Amended by Act No. 10338, May 31, 2010; Act No. 13902, Jan. 27, 2016>
1. A person who has been selected as a master crafts-person of Korea under Article 11 of the Act On Encouragement Of Skilled Crafts;
2. A person who has been selected as a person who passes on his/her crafts under Article 13 of the Act of the Act On Encouragement Of Skilled Crafts;
3. A person who has received an award in the National Technical Competition or the International Vocational Training Competition under Articles 20 and 21 of the Act On Encouragement Of Skilled Crafts;
4. A person who has experience of studying, researching or practicing in a field related to his/her majors in any other school, research institute, etc. or has work experience at an industrial enterprise in the field related to his/her majors;
5. A person who has completed a vocational skills development training course;
6. A person who has obtained any national technical qualification under the National Technical Qualifications Act, any private qualification accredited under Article 19 of the Framework Act on Qualifications, or any qualification under any other statute.
(3) A person who has completed a course for multi-functional technicians in a polytechnic college shall be granted a bachelor of industry equivalent to a bachelor's degree in the specialized area under Article 50 of the Higher Education Act.
[This Article Newly Inserted by Act No. 10337, May 31, 2010]
 Article 41-2 (Conferment of Degrees for Advanced Major Courses for Degree)
A bachelor’s degree shall be conferred in accordance with Article 50-2 (1) of the Higher Education Act on anyone who completes the course determined by school regulations after having been admitted into an advanced major course with a degree established and operated under Article 40-2.
[This Article Newly Inserted by Act No. 11272, Feb. 1, 2012]
 Article 42 (School Regulations)
(1) The dean of a polytechnic college may establish or amend the school regulations for the efficient operation thereof.
(2) When the dean of a college establishes or amends the school regulations under paragraph (1), he/she shall report (including reporting via an information and communications network as defined in Article 2 (1) 1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc.) thereon to the Minister of Education and the Minister of Employment and Labor. <Amended by Act No. 11272, Feb. 1, 2012; Act No. 11690, Mar. 23, 2013>
(3) Procedures for establishing and amending school regulations under paragraph (1), items to be recorded, and other necessary matters shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 10337, May 31, 2010]
 Article 43 (Classification, Qualification and Fixed Number of Teachers, etc.)
(1) A polytechnic college shall have a dean.
(2) In addition to the dean of the college, teachers employed at a polytechnic college shall be classified as professors, associate professors, and assistant professors. <Amended by Act No. 10866, Jul. 21, 2011>
(3) In addition to teachers classified under paragraph (2), a polytechnic college may appoint a vocational skills development teacher, an industry-academia adjunct teacher (referring to a person who has specialized knowledge in related areas and works in the related field and who is concurrently appointed as a teacher in a polytechnic college: hereinafter the same shall apply), an invited teacher (referring to a person who has work experience in an industrial enterprise, research institute, etc. and any other relevant person, and is appointed under Article 44 to teach a subject necessary for specialized skills and knowledge: hereinafter the same shall apply), a part-time lecturer, and a teaching assistant under Article 33, as prescribed by Presidential Decree <Amended by Act No. 13902, Jan. 27, 2016>
(4) Matters concerning standards for qualification for a person who is eligible to become a teacher, an industry-academia adjunct teacher, an invited teacher, a part-time lecturer, and a teaching assistant referred to in paragraphs (2) and (3) shall be prescribed by Presidential Decree.
(5) Matters concerning the fixed number of teachers, teachers for vocational skills development training, teachers for industry and education, invited teachers, part-time lecturers, and teaching assistants referred to in paragraphs (2) and (3) and other clerical workers shall be prescribed by Presidential Decree.
[This Article Wholly Inserted by Act No. 10337, May 31, 2010]
 Article 44 (Appointment, Retirement, Service, etc. of Teachers, etc.)
(1) The appointment of teachers referred to in Article 43 (2) shall be as provided for in education-related statutes: Provided, That notwithstanding Article 53 (1) of the Private School Act, the dean of a polytechnic college affiliated with the Human Resources Development Service of Korea established under Article 26 (1) of the Human Resources Development Service of Korea Act shall be appointed by the educational foundation which establishes and manages the relevant polytechnic college with the approval of the Minister of Employment and Labor. <Amended by Act No. 11272, Feb. 1, 2012>
(2) Notwithstanding Article 47 (1) of the Educational Officials Act and Article 53-2 (3) of the Private School Act, the retirement age of teachers referred to in Article 43 (2) shall be as follows:
1. Where the State establishes and manages the college, it shall be as prescribed by Presidential Decree;
2. Where a local government establishes and manages the college, it shall be as determined by municipal ordinances;
3. Where an educational foundation establishes and manages the college, it shall be determined by the articles of incorporation and shall be at least 60 years old.
(3) Matters concerning service of teachers referred to in Article 43 (2) shall be as provided for in education-related statutes.
(4) Matters concerning the appointment, retirement and service of teachers for vocational skills development training, industry-academia adjunct teachers, invited teachers, part-time lecturers, and teaching assistants shall be as prescribed by Presidential Decree in consideration of the characteristics of a polytechnic college.
[This Article Newly Inserted by Act No. 10337, May 31, 2010]
 Article 45 (Dispatch Service of Faculty and Use of Facilities and Equipment)
(1) In order to efficiently conduct education, training, and projects under Article 40, the dean of a polytechnic college, if necessary, may dispatch the faculty of his/her college to other polytechnic colleges, the Human Resources Development Service of Korea as prescribed by the Human Resources Development Service of Korea Act (hereafter referred to as the "Human Resources Development Service of Korea" in this Article) or an industrial enterprise in conformity with the standards determined and publicly announced by the Minister of Employment and Labor (hereafter referred to as "industrial enterprise" in this paragraph), etc. for a specified period, or use the faculty dispatched from other polytechnic colleges, the Human Resources Development Service of Korea, employees of an industry, etc. <Amended by Act No. 11272, Feb. 1, 2012>
(2) In conducting education, training, and projects under Article 40, the dean of a polytechnic college may, if necessary, furnish training and educational facilities and equipment of the college for the use of other polytechnic colleges, the Human Resources Development Service of Korea, colleges, high schools, etc.
[This Article Newly Inserted by Act No. 10337, May 31, 2010]
 Article 46 (Submission of Business Plans, Fiscal Year, etc.)
(1) The dean of a college shall prepare a business plan for a relevant fiscal year each year, as prescribed by Presidential Decree, and submit such plan to the Minister of Employment and Labor: Provided, That an educational foundation who establishes and manages two or more polytechnic colleges may prepare and submit a comprehensive business plan for such colleges. <Amended by Act No. 11272, Feb. 1, 2012>
(2) The fiscal year of a polytechnic college shall coincide with the fiscal year of the Government.
(3) A polytechnic college shall treat the account for income and expenditure of projects referred to in Article 40 (3) 1 through 3 as separate from other projects.
[This Article Newly Inserted by Act No. 10337, May 31, 2010]
 Article 47 (Tuition, etc.)
(1) A polytechnic college may receive tuition and other dues from students in the courses for multi-functional technicians and the advanced major courses with a degree, and trainees in occupational training courses. <Amended by Act No. 11272, Feb. 1, 2012>
(2) Necessary matters concerning tuition and other dues referred to in paragraph (1) shall be determined by Ordinance of the Ministry of Employment and Labor. <Amended by Act No. 11272, Feb. 1, 2012>
[This Article Newly Inserted by Act No. 10337, May 31, 2010]
 Article 48 (Support for Polytechnic College, Students, etc.)
(1) The State, local governments, business owners, etc. may reimburse a person who establishes and manages a polytechnic college (including affiliated schools; hereafter the same shall apply in this Article), for all or part of the necessary expenses of establishing education and training facilities, purchasing equipment, operating the school, etc. <Amended by Act No. 13902, Jan. 27, 2016>
(2) When necessary for establishing and managing a polytechnic college, the State and a local government may gratuitously lease national or public property to a person who establishes and manages a polytechnic college (limited to educational foundations established by the State, a local government, or a public organization), and allow him/her to use such property to construct buildings or other facilities or benefit therefrom, notwithstanding the State Property Act and the Public Property and Commodity Management Act.
(3) The State and a local government may fully or partially reimburse students and trainees in the courses for multi-functional technicians; the advanced major courses with a degree; and occupational training courses; etc. of polytechnic colleges, for expenses incurred in educating and training them during the period of their attendance at school. <Amended by Act No. 11272, Feb. 1, 2012; Act No. 13902, Jan. 27, 2016>
[This Article Newly Inserted by Act No. 10337, May 31, 2010]
 Article 49 (Revocation, etc. of Authorization)
(1) The Minister of Education may revoke authorization for establishment thereof, when a polytechnic college falls under any of the following cases: <Amended by Act No. 11690, Mar. 23, 2013>
1. Where it has obtained authorization under Article 39 by fraud or other improper means;
2. Where facility, equipment, etc. under Article 39 (4) has become unable to meet the standards for establishment;
3. Where it fails to give lessons for at least two months without good cause, except during a specified vacation period.
(2) The Minister of Education shall consult with the Minister of Employment and Labor if he/she intends to revoke authorization for establishment of a polytechnic college under paragraph (1). <Amended by Act No. 11272, Feb. 1, 2012; Act No. 11690, Mar. 23, 2013>
(3) If the Minister of Education intends to revoke authorization for establishment of a polytechnic college under paragraph (1), he/she shall hold a hearing thereon. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Newly Inserted by Act No. 10337, May 31, 2010]
 Article 49-2 (Revocation, etc. of Authorization for Establishment of Advanced Major Courses with Degree)
(1) Where a polytechnic college that has obtained authorization for operating an advanced major course with a degree under Article 40-2 (1) falls under any of the following cases, the Minister of Employment and Labor may revoke such authorization:
1. Where it has obtained authorization under Article 40-2 (1) by fraud or other improper means;
2. Where it has become unable to meet the standards for authorization under Article 40-2 (5);
3. Where it fails to give lessons for at least two months without good cause, except for during a specified vacation period.
(2) The Minister of Employment and Labor shall consult with the Minister of Education if he/she intends to revoke authorization for operating an advanced major course with a degree under paragraph (1). <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Newly Inserted by Act No. 11272, Feb. 1, 2012]
 Article 50 (Supervision, etc. over Polytechnic Colleges)
(1) With respect to a polytechnic college and an educational foundation which establishes and manages a polytechnic college, the Minister of Employment and Labor shall be entrusted with the administration of the following matters which are within the authority of the Minister of Education under education-related statutes: <Amended by Act No. 11272, Feb. 1, 2012; Act No. 11690, Mar. 23, 2013>
1. Guidance and supervision over the polytechnic college and the educational foundation which establishes and manages a polytechnic college;
2. Approval of appointment of a director of the educational foundation which establishes and manages a polytechnic college, and revocation thereof;
3. Matters concerning acceptance of reports on the appointment and dismissal of teachers of a polytechnic college established by the educational foundation and requests to dismiss or remove such teachers;
4. Other matters prescribed by Presidential Decree.
(2) The Minister of Education and the Minister of Employment and Labor may require a polytechnic college or the founder or manager of a polytechnic college to file a necessary report or submit materials. <Amended by Act No. 11272, Feb. 1, 2012; Act No. 11690, Mar. 23, 2013>
[This Article Newly Inserted by Act No. 10337, May 31, 2010]
 Article 51 (Prohibition of Use of Similar Titles)
No entity, other than a polytechnic college, shall use the title of a polytechnic college or any other title similar thereto.
[This Article Newly Inserted by Act No. 10337, May 31, 2010]
 Article 52 (Relationship with Other Acts)
With respect to the establishment and management of a polytechnic college, the provisions on junior colleges in education-related statutes shall apply to matters not stipulated in this Act.
[This Article Newly Inserted by Act No. 10337, May 31, 2010]
 Article 52-2 (Establishment and Operation of University of Technology and Education)
(1) The Human Resources Development Service of Korea established under the Human Resources Development Service of Korea Act may establish and manage a university pursuant to the Private School Act for training of vocational skills development training teachers, etc., and providing work capacity improvement training; and for supporting any other vocational skills development training for workers (hereinafter referred to as "University of Technology and Education") after obtaining authorization from the Minister of Education.
(2) Duties of the University of Technology and Education established under paragraph (1) shall be as follows:
1. Training of vocational skills development training teachers; practical engineers; and persons in charge of human resource development; and implementing projects for work capacity improvement training;
2. Development, operation, and dissemination of leading models of vocational skills development training and engineering education;
3. Remote training of workers, etc.;
4. Industry-university collaboration, such as technology guidance for small and medium enterprises and operation of business incubator centers;
5. Duties assigned to it by other statutes or entrusted by the Minister of Employment and Labor or the heads of other central administrative agencies; heads of local governments; business owners, etc.
[This Article Newly Inserted by Act No. 13902, Jan. 27, 2016]
CHAPTER VI EVALUATION OF VOCATIONAL SKILLS DEVELOPMENT PROJECTS AND RESTRICTIONS ON ILLEGAL CONDUCTS ETC.
 Article 53 (Evaluation on Vocational Skills Development Training Establishments, etc.)
(1) The Minister of Employment and Labor may conduct an evaluation of matters prescribed by Presidential Decree, such as the ability to conduct training and training outcomes, for any of the following persons, in order to improve the quality of vocational skills development training: <Amended by Act No. 11272, Feb. 1, 2012>
1. A person who conducts vocational skills development training after being entrusted therewith under Article 16;
2. A person who conducts vocational skills development training upon having obtained recognition for his/her competence in vocational skills development training course under Article 19 or 24;
3. A person who conducts vocational skills development training entrusted by the head of a central administrative agency or the head of a local government (limited to a person determined by the Minister of Employment and Labor to be evaluated after having sought prior consultation with the head of a central administrative agency or the head of a local governments), other than those referred to in paragraphs (1) and (2);
4. A vocational skills development training establishment and a corporation for vocational skills development training.
(2) When the Minister of Employment and Labor conducts an evaluation under paragraph (1), he/she shall disclose the findings of the evaluation to be available for business owners, workers, etc. <Amended by Act No. 11272, Feb. 1, 2012>
(3) Matters necessary for subject matter, details and methods of evaluations, and disclosure of evaluation findings shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10337, May 31, 2010]
 Article 54 (Differential Support Based on Findings of Evaluations of Vocational Skills Development Training Establishments)
(1) When the Minister of Employment and Labor provides subsidies or loans under this Act, the subsidies and loans shall be commensurate with the findings of the evaluation conducted under Article 53. <Amended by Act No. 11272, Feb. 1, 2012>
(2) Necessary matters concerning standards for and details of differential support under paragraph (1) and other matters shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 10337, May 31, 2010]
 Article 55 (Restrictions on Receiving Support, Loan and Taking Courses on Ground of Illegal Conducts)
(1) Where a worker who is undergoing or has undergone vocational skills development training under Article 12 or 15 falls under any of the following cases, the State or a local government may restrict the registration to a vocational skills development training course under Articles 12 and 15 or suspend subsidies or loans under Articles 17 and 18 for a period prescribed by Ordinance of Ministry of Employment and Labor for up to three years from the date (referring to the date on which an entrustment contract is revoked in cases falling under subparagraph 2) on which he/she obtained or intends to obtain subsidies for training fees and training allowances by fraud or other improper means: <Amended by Act No. 11272, Feb. 1, 2012>
1. Where he/she has obtained or intends to obtain subsidies for training fees and training allowances by fraud or other improper means;
2. Where an entrustment contract is revoked on the grounds of conduct in collusion with a person who has been entrusted with vocational skills development training, where such conduct falls within any of subparagraphs of Article 16 (2).
(2) Where the Industry-Specific Human Resources Development Council or the organization of vocational skills development, such as workers, business owners, and business owners' organizations which intend to obtain or have obtained subsidies or loans under Articles 17, 18, 20, 22, and 23, fall under any of the following cases, the Minister of Employment and Labor may restrict registration to a vocational skills development training course under Articles 12 and 15 or suspend subsidies or loans under Articles 17, 18, 20, 22 and 23, for a period prescribed by Ordinance of Ministry of Employment and Labor, for up to three years from the date (referring to the date on which an entrustment contract is revoked in cases falling under subparagraph 2) on which it has obtained or intends to obtain training fees and training allowances by fraud or other improper means: <Amended by Act No. 11272, Feb. 1, 2012>
1. Where he/she has obtained or intends to obtain subsidies or loans by fraud or other improper means;
2. Where the recognition is revoked on the grounds of the conduct in collusion with a person who has been entrusted with vocational skills development training under Article 16, or a person who conducts vocational skills development training upon obtaining recognition for the vocational skills development training course under Articles 19 and 24, where such conduct falls within any of subparagraphs of Article 19 (2) or 24 (2).
[This Article Wholly Amended by Act No. 10337, May 31, 2010]
 Article 56 (Return of Money Unlawfully Received, etc., and Additional Collection)
(1) Where a person for whom the entrustment contract has been revoked under Article 16 (2) or a worker subject to restriction on registering to a course or obtaining a subsidy or loan imposed under Article 55 (1) falls under any of the following cases, the State or a local government may order him/her to return the relevant amount of money. <Amended by Act No. 13902, Jan. 27, 2016>
1. Where he/she obtains a subsidy or loan by fraud or other improper means;
2. Where he/she uses a subsidy for any purpose other than the purpose of payment;
3. Where he/she fails to meet the requirements for obtaining a subsidy.
(2) Where the Industry-Specific Human Resources Development Council or the organization of vocational skills development, such as a person whose recognition has been revoked under Article 19 (2) or 24 (2), or a worker, business owner or business owners' organization subject to restriction on registering to a course or obtaining a subsidy or loan imposed under Article 55 (2) falls under any of the following cases, the Minister of Employment and Labor may order him/her/it to return the relevant amount of money. <Amended by Act No. 11272, Feb. 1, 2012; Act No. 13902, Jan. 27, 2016>
1. Where he/she/it obtains a subsidy or loan by fraud or other improper means;
2. Where he/she/it uses a subsidy for any purpose other than the purpose of payment;
3. Where he/she/it fails to meet the requirements for obtaining a subsidy.
(3) Where the State, a local government, or the Minister of Employment and Labor orders him/her to return money, it may additionally collect the following amount out of the amount he/she has obtained by fraud or other improper means, in accordance with standards prescribed by Ordinance of the Ministry of Employment and Labor: <Amended by Act No. 11272, Feb. 1, 2012>
1. A person for whom an entrustment contract is revoked under Article 16 (2), or a person whose recognition is revoked under Article 19 (2) or 24 (2): The amount classified as follows:
(a) Where the money unlawfully obtained is less than the amount prescribed by Presidential Decree: The amount not exceeding five times such amount;
(b) Where money unlawfully obtained is equal to or exceeds the amount prescribed by Presidential Decree: The amount not exceeding such amount.
2. The Industry-Specific Human Resources Development Council or the organization of vocational skills development, such as a worker, business owner or business owners’ organization subject to restriction on subsidies, loans or registration in classes under Article 55: Money not exceeding the unlawfully obtained amount.
(4) Where the money to be returned or collected under paragraphs (1) through (3) is not paid by the due date, the State, a local government, or the Minister of Employment and Labor may collect the money in the same manner as delinquent national or local taxes are collected. <Amended by Act No. 11272, Feb. 1, 2012>
(5) Necessary matters concerning detailed standards for additional collection and other matters shall be prescribed by Ordinance of Ministry of Employment and Labor. <Amended by Act No. 11272, Feb. 1, 2012>
[This Article Wholly Amended by Act No. 10337, May 31, 2010]
 Article 57 (Bounties for Whistleblowing)
(1) The Minister of Employment and Labor may pay bounties, not exceeding budgetary limits, to anyone who blows the whistle on illegal conduct of anyone who implements or is entrusted with vocational skills development projects under this Act. <Amended by Act No. 10339, Jun. 4, 2010>
(2) Necessary matters concerning whistleblowing on illegal conduct and payment of bounties under paragraph (1) shall be prescribed by the Ordinance of the Ministry of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010>
[This Article Wholly Amended by Act No. 9316, Dec. 31, 2008]
CHAPTER VII SUPPLEMENTALLY PROVISIONS AND PENALTY PROVISIONS
 Article 58 (Guidance, Supervision, etc.)
(1) The Minister of Employment and Labor may order any of the following persons to file necessary reports or submit materials, or require relevant public officials, etc. to enter places where the vocational skills development training, etc. is conducted to inspect relevant documents and inquire of related persons in order to guide and supervise them: <Amended by Act No. 10337, May 31, 2010>
1. Persons who conduct the vocational skills development training after being entrusted therewith by the Minister of Employment and Labor under Article 16;
2. Persons who have obtained recognition under Article 19 or 24;
3. Persons who have obtained subsidies or loans under Articles 12, 17, 18, 20, 22 and 23;
4. Public organizations that establishes and operates public occupational training establishments and persons who establishes and operates designated occupational training establishments;
5. Corporations for vocational skills development training;
6. Persons who operate training establishments or training courses to educate vocational skills development teachers after obtaining approval therefor under Article 36;
7. Persons who perform duties on behalf of the Minister of Employment and Labor pursuant to Article 59.
(2) Where the Minister of Employment and Labor conducts an inspection under paragraph (1), he/she shall give a prior notice of necessary matters on time and details of inspection, etc. to a person subject to the inspection: Provided, That this shall not apply in the case of an emergency or where the issuance of a prior notice is deemed to defeat the purpose of the inspection. <Newly Inserted by Act No. 10337, May 31, 2010; Act No. 11272, Feb. 1, 2012>
(3) Public officials who have access and conduct guidance and supervision under paragraph (1) shall carry a document verifying their authority and present it to interested persons. <Amended by Act No. 10337, May 31, 2010>
(4) The Minister of Employment and Labor shall give a written notice of the inspection findings under paragraph (1) to a person who has undergone an inspection. <Newly Inserted by Act No. 10337, May 31, 2010; Act No. 11272, Feb. 1, 2012>
(5) Matters necessary for the details and methods of reporting, submission of materials and guidance and supervision under paragraph (1) shall be determined by Ordinance of the Ministry of Employment and Labor. <Amended by Act No. 10337, May 31, 2010; Act No. 10339, Jun. 4, 2010>
[This Article Wholly Amended by Act No. 9316, Dec. 31, 2008]
 Article 59 (Performance of Duties on Behalf of Minister of Employment and Labor)
(1) The Minister of Employment and Labor may require anyone prescribed by Presidential Decree to perform his/her duties under Articles 6 through 8, 16 (limited to the duties under the jurisdiction of the Minister of Employment and Labor), 19, 20, 22, 23, 24, 28, 37, 38, and 53 on his/her behalf. <Amended by Act No. 10337, May 31, 2010; Act No. 10339, Jun. 4, 2010; Act No. 11272, Feb. 1, 2012>
(2) Matters necessary for procedures of performing duties on behalf of the Minister of Employment and Labor under paragraph (1) and subsidization of expenses incurred therein shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9316, Dec. 31, 2008]
 Article 60 (Delegation and Entrustment of Authority)
The Minister of Employment and Labor may delegate part of his/her authority granted under this Act to the heads of local labor agencies or the heads of local governments or entrust such authority to anyone prescribed by Presidential Decree, such as the heads, etc. of public organizations, as prescribed by Presidential Decree. <Amended by Act No. 10339, Jun. 4, 2010>
[This Article Wholly Amended by Act No. 9316, Dec. 31, 2008]
 Article 61 (Legal Fiction as Public Official in Application of Penalty Provisions)
Persons engaged in duties entrusted by the Minister of Employment and Labor under Article 60 shall be deemed public officials for the purpose of Articles 129 through 132 of the Criminal Act. <Amended by Act No. 10337, May 31, 2010; Act No. 10339, Jun. 4, 2010>
[This Article Wholly Amended by Act No. 9316, Dec. 31, 2008]
 Article 62 (Hearings)
The Minister of Employment and Labor shall hold a hearing whenever he/she intends to take any of the following dispositions: <Amended by Act No. 10337, May 31, 2010; Act No. 10339, Jun. 4, 2010; Act No. 11272, Feb. 1, 2012>
1. When he/she intends to revoke recognition for any vocational skills development training course under Article 19 (2) or 24 (2);
2. When he/she intends to revoke approval for any public occupational training establishment under Article 27 (2);
3. When he/she intends to revoke designation of any designated occupational training establishment under Article 31 (1);
4. When he/she intends to revoke permission to establish any corporation for vocational skills development training under Article 32 (2);
5. When he/she intends to revoke qualifications of any vocational skills development teacher under Article 35 (1);
6. When he/she intends to revoke approval for any training establishment or training course under Article 36 (3);
7. When he/she intends to revoke authorization for establishment of an advanced major course with a degree under Article 49-2 (1).
[This Article Wholly Amended by Act No. 9316, Dec. 31, 2008]
 Article 62-2 (Re-Examination of Regulation)
The Minister of Employment and Labor shall examine the appropriateness of training contracts and rights and obligations provided for in Article 9 every two years counting from January 1, 2016 (referring to the period that ends on the day before January 1 of every second year) and shall take measures, such as making improvements.
[This Article Newly Inserted by Act No. 13902, Jan. 27, 2016]
 Article 62-3 (Penalty Provisions)
A person who receives any subsidy or loan pursuant to this Act by fraud or other improper means shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won.
[This Article Newly Inserted by Act No. 13902, Jan. 27, 2016]
 Article 63 (Administrative Fines)
(1) Any of the following persons shall be punished by an administrative fine not exceeding three million won: <Amended by Act No. 10337, May 31, 2010>
1. Anyone who fails to pay accident compensation benefits, in violation of Article 11;
2. Anyone who fails to keep documents regarding subsidization of costs and loan to cover costs under Article 23-2;
3. Anyone who fails to report under Article 28 (3);
4. Anyone who fails to return training fees, in violation of Article 30 (2);
4-2. Anyone, other than a polytechnic college, has used the identity of a polytechnic college or any other title similar thereto, in violation of Article 51;
5. Anyone who fails to report under Article 58 or reports falsely;
6. Anyone who fails to comply with an order to submit materials under Article 58 or submits false materials;
7. Anyone who falsely answers questions posed by relevant public officials or refuses, interferes with, or evades guidance and supervision by the relevant public officials under Article 58.
(2) Administrative fines under paragraph (1) shall be imposed and collected by the Minister of Employment and Labor, as prescribed by Presidential Decree. <Amended by Act No. 10339, Jun. 4, 2010>
[This Article Wholly Amended by Act No. 9316, Dec. 31, 2008]
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Recognition for Training Courses)
The training courses in any vocational skills development training conducted after being recognized or designated by the Minister of Labor under the previous provisions, which are ongoing at the time this Act enters into force, shall be deemed the vocational skills development training courses recognized under the amended provisions of Article 24 until the relevant training courses are completed.
Article 3 (Transitional Measures concerning Vocational Skills Development Training Establishments)
(1) Any public occupational training establishment that has received approval for its establishment from the Minister of Labor and has already been established at the time this Act enters into force shall be deemed to have been approved by the Minister of Labor under Article 27 of this Act.
(2) Any vocational skills development training establishment that has received designation from the Minister of Labor and has already been established at the time this Act enters into force shall be deemed a designated occupational training establishment designated by the Minister of Labor under Article 28, for two years from the date this Act enters into force. <Amended by Act No. 8073, Dec. 21, 2006>
Article 4 (Transitional Measures concerning Corporations for Vocational Skills Development Training)
Any vocational skills development training corporation that has obtained permission for its establishment under the previous provisions at the time this Act enters into force shall be deemed a corporation for vocational skills development training established after obtaining permission therefor under Article 32.
Article 5 (Transitional Measures concerning Qualifications for Teachers of Vocational Skills Development Training)
Anyone who has acquired qualifications as a vocational skills development teacher under the previous provisions at the time this Act enters into force shall be deemed a person qualified as a vocational skills development teacher under of Article 33.
Article 6 (Transitional Measures concerning Grounds of Disqualification for Teachers of Vocational Skills Development Training)
Anyone who has been subjected to a disposition to revoke qualifications as a vocational skills development teacher at the time this Act enters into force shall be governed by the previous provisions, notwithstanding the provisions of subparagraph 6 of Article 34.
Article 7 (Transitional Measures concerning Disposition Taken to Illegal Conduct)
Anyone who has been subjected to revocation or suspension of qualifications, restrictions on entrustment, restrictions on recognition, designation, etc. by the Minister of Labor under the previous Articles 10, 17-2, and 28-2 at the time this Act enters into force shall be deemed a person subjected to revocation or suspension of qualification, restrictions on entrustment, restrictions on recognition, designation, etc. under Articles 35, 16 and 25.
Article 8 (Transitional Measures concerning Penalty Provisions)
The application of penalty provisions and administrative fines to any conduct performed before this Act enters into force shall be governed by the previous provisions.
Article 9 Omitted.
Article 10 (Relationship to Other Statutes)
Where the previous Vocational Training Promotion Act is cited or applied mutatis mutandis by another statute at the time this Act enters into force, this Act and the relevant provisions of this Act shall be deemed cited or applied mutatis mutandis in place of the previous provisions if such provisions corresponding thereto exist in this Act.
ADDENDA <Act No. 7428, Mar. 31, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDUM <Act No. 8073, Dec. 21, 2006>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 8294, Jan. 26, 2007>
(1) (Enforcement Date) This Act shall enter into force three months after the date of its promulgation.
(2) (Transitional Measures concerning Restrictions on Entrustment of Vocational Skills Development Training and Additional Collection) Where anyone who has been entrusted with vocational skills development training under Article 16 (1) has obtained or intends to obtain training fees by fraud or other improper means before this Act enters into force, the previous provisions shall apply, notwithstanding the amended provisions of Article 16 (3) and (5).
(3) (Transitional Measures concerning Restrictions on Recognition for Vocational Skills Development Training Courses and Additional Collection) Where anyone whose vocational skills development training courses have been recognized under Article 24 has received or intends to receive any subsidy or loan to cover the costs thereof by fraud or other improper means before this Act enters into force, the previous provisions shall apply, notwithstanding the amended provisions of Article 25 (2) and (4).
ADDENDA <Act No. 8372, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 17 Omitted.
ADDENDA <Act No. 8429, May 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 8814, Dec. 27, 2007>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation.
(2) Omitted.
ADDENDA <Act No. 8815, Dec. 27, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Act No. 9316, Dec. 31, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 23-2, 25 (1) 3, and 48 (1) 2 shall enter into force three months after the date of its promulgation.
Article 2 (Applicability concerning Revocation of Recognition due to Illegal Payment from Business Owners, etc.)
The amended provisions of Article 25 (1) 3 shall begin to apply from the first time anyone has received or intends to receive reimbursement of expenses by fraud or other improper means after the said amended provisions enter into force.
Article 3 (Applicability concerning Imposition of Administrative Fines due to Violations of Obligations to Keep Documents)
The amended provisions of Article 48 (1) 2 shall begin to apply from the first time documents regarding costs for vocational skills development projects subsidized or loaned are retained after the said amended provisions enter into force.
ADDENDA <Act No. 9792, Oct. 9, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2010.
Articles 2 and 3 Omitted.
ADDENDA <Act No. 10337, May 31, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation: Provided, That the amended provisions of Article 5 shall enter into force on Jan. 1, 2012.
Article 2 (Repeal of Other Acts)
The Polytechnic College Act shall be repealed.
Article 3 (Transitional Measures concerning Recognition for Vocational Skills Development Training Course)
Of vocational skills development training courses recognized under the previous Article 24 at the time this Act enters into force, the vocational skills development training course recognized for a person who intends to conduct vocational skills development training for which a worker is entitled to receive reimbursement for training costs under the previous Article 21 (1) 1 shall be deemed the course of vocational skills development training recognized under the amended provisions of Article 19.
Article 4 (Transitional Measures concerning Polytechnic College)
A polytechnic college which has already been established under the previous Polytechnic College Act at the time this Act enters into force shall be considered to be the polytechnic college under the amended provisions of Article 39.
Article 5 (General Transitional Measures concerning Disposition, etc.)
An act performed by or in relation to an administrative agency under the previous Polytechnic College Act as at the time this Act enters into force shall be deemed performed by or in relation to an administrative agency under this Act corresponding thereto.
Article 6 (Transitional Measures concerning Administrative Fines)
Where the provision of an administrative fine is applied with respect to the act that anyone who is not identical to the Polytechnic College has used the identity of the Polytechnic College or a title similar thereto as at the time before this Act enters into force, the previous Polytechnic College Act shall apply.
Article 7 Omitted.
Article 8 (Relationship to Other Statutes)
Where the previous Act on the Development of Vocational Skills of Workers or its provision; or the previous Polytechnic College Act or its provision is cited by another statute as at the time this Act enters into force, if this Act includes a corresponding provision, this Act or its provision corresponding thereto shall be deemed cited in lieu of the previous Act on the Development of Vocational Skills of Workers or provision or the previous Polytechnic College Act or its provision.
ADDENDA <Act No. 10338, May 31, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force on Jan. 1, 2011.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 10339, Jun. 4, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force one month after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Act No. 10866, Jul. 21, 2011>
Article 1 (Enforcement Date)
This Act enters into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA <Act No. 11042, Sep. 15, 2011>
Article 1 (Enforcement Date)
This Act enters into force on July. 1, 2012.
Article 2 Omitted.
ADDENDA <Act No. 11272, Feb. 1, 2012>
Article 1 (Enforcement Date)
This Act enters into force five months after the date of its promulgation.
Article 2 (Transitional Measures concerning Revocation of Designation, etc.)
Designated occupational training establishments in which any cause of revocation, etc. of designation has occurred before this Act enters into force shall be governed by the former provisions, notwithstanding the amended provisions of Article 31 (1).
ADDENDA <Act No. 11461, Jun. 1, 2012>
Article 1 (Enforcement Date)
This Act enters into force three months after the date of its promulgation.
Articles 2 through 10 Omitted.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
(1) This Act enters into force on the date of its promulgation.
(2) Omitted.
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 12627, May 20, 2014>
This Act enters into force one month after the date of its promulgation.
ADDENDA <Act No. 13042, Jan. 20, 2015>
Article 1 (Enforcement Date)
This Act enters into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Revocation of Designation, etc.)
A person declared incompetent under the adult guardianship or quasi-competent under the limited guardianship referred to in the amended provisions of subparagraph 1 of Article 29 and subparagraph 1 of Article 34 shall be deemed to include a person declared incompetent or quasi-competent and such declaration remains in force pursuant to Article 2 of Addenda of the amended Civil Act (Act No. 10429).
ADDENDA <Act No. 13902, Jan. 27, 2016>
Article 1 (Enforcement Date)
This Act enters into force on six months after the date of its promulgation.
Article 2 (Applicability concerning Return of Money Unlawfully Received, etc., and Additional Collection)
The amended provisions of Article 56 (1) or (2) shall begin to apply from the first case where a person who has received any subsidy or loan pursuant to this Act, falls under any ground for the return of money unlawfully received, etc., as provided for in Article 56 (1) or (2) after this Act enters into force.
Article 3 (Applicability concerning Penalty Provisions)
Article 62-3 shall begin to apply from the first case where any subsidy or loan is received by fraud or other improper means after this Act enters into force.