ENFORCEMENT DECREE OF THE ACT ON THE DEVELOPMENT OF LOCAL UNIVERSITIES AND COLLEGES AND REGIONAL HUMAN RESOURCES
Presidential Decree No. 25504, Jul. 28, 2014
Amended by Presidential Decree No. 25751, Nov. 19, 2014
Presidential Decree No. 28211, Jul. 26, 2017
CHAPTER I GENERAL PROVISIONS
CHAPTER II MASTER PLANS FOR DEVELOPING AND SUPPORTING LOCAL UNIVERSITIES AND COLLEGES, AND REGIONAL HUMAN RESOURCES, ETC.
| Article 2 (Procedures for Establishing Master Plans, etc.) |
| (2) | The Minister of Education shall notify the head of the relevant central administrative agency or the relevant Metropolitan City Mayor (excluding Incheon Metropolitan City Mayor), Special Self-Governing City Mayor, Do Governor (excluding Gyeonggi-do Governor), or Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor") of the guidelines specified in paragraph (1), by the end of February of the year preceding the year in which the relevant master plan commences. |
| (3) | The head of the relevant central administrative agency or each Mayor/Do Governor shall establish a plan for local universities and colleges, and regional human resources in his/her jurisdictional area pursuant to the guidelines provided under paragraph (2) and submit the plan to the Minister of Education by not later than March 31 of the year preceding the year in which the relevant master plan commences. |
| (4) | The Minister of Education shall finalize the master plan, taking into account the plans submitted under paragraph (3) following deliberation by the Committee and notify the head of the relevant central administrative agency or the relevant Mayor/Do Governor of the finalized master plan, by not later than August 31 of the year preceding the year in which the relevant master plan commences. |
| Article 3 (Revision to Mater Plans) |
"Any change of insignificant matters prescribed by Presidential Decree" in the proviso to Article 5 (3) of the Act means: | 1. | To change the scope of a project in the range of not more than 10/100 of each sector; |
| 2. | To change the detailed schedule during a project period; |
| 3. | To correct errors in calculation, clerical mistakes or omission, or to change any matter which does not affect the objectives and orientation of the master plan. |
| Article 4 (Procedures for Formulating Action Plans) |
| (1) | The Minister of Education shall prepare guidelines to formulate an annual action plan for establishing and supporting local universities and colleges, and regional human resources referred to in Article 6 (1) of the Act (hereinafter referred to as "action plan") for the next year following deliberation by the Committee and notify the head of the relevant central administrative agency or the relevant Mayor/Do Governor of such plan by not later than August 31 of every year. |
| (2) | The head of the relevant central administrative agency or each Mayor/Do Governor shall formulate an action plan of the next year pursuant to the master plan and the guidelines under paragraph (1) and submit such plan to the Minister of Education by not later than October 31 of every year. |
| (3) | The Minister of Education shall integrate and adjust action plans submitted under paragraph (2) following deliberation by the Committee and notify the head of the relevant central administrative agency or the relevant Mayor/Do Governor of the results of such deliberation pursuant to Article 6 (3) of the Act by not later than December 31 of every year. |
| Article 5 (Submission of Results of Implementing Action Plans) |
| (1) | The head of the relevant central administrative agency or the relevant Mayor/Do Governor shall submit to the Minister of Education the results of implementing the action plan of the previous year pursuant to Article 6 (2) of the Act by not later than March 31 of every year. |
| (2) | The Minister of Education shall refer the results of implementing the action plan submitted under paragraph (1) to the Committee for deliberation and notify the relevant central administrative agency or the relevant Mayor/Do of the results of such deliberation by not later than August 31 of every year. |
| (3) | The head of the relevant central administrative agency or the relevant Mayor/Do Governor shall endeavor to take into account the results of deliberation provided under paragraph (2) when formulating and implementing an action plan under his/her jurisdiction of the next year. |
| (4) | Where necessary for integrating and adjusting the results of implementation under Article 6 (2) of the Act, the Minister of Education may request the head of the relevant central administrative agency or the relevant Mayor/Do Governor to submit necessary materials. |
CHAPTER III COMMITTEE FOR DEVELOPING AND SUPPORTING LOCAL UNIVERSITIES AND COLLEGES, AND REGIONAL HUMAN RESOURCES, ETC.
| Article 6 (Composition and Operation of Committee) |
| (1) | "The relevant central administrative agencies prescribed by Presidential Decree" in Article 9 (2) 1 of the Act means the Ministry of Culture, Sports and Tourism; the Ministry of Trade, Industry and Energy; the Ministry of Health and Welfare; the Ministry of Employment and Labor; the Ministry of Land, Infrastructure and Transport; and the Ministry of Personnel Management. <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
| (2) | Where the chairperson is unable to perform his/her duties in extenuating circumstances, a member designated by the chairperson in advance shall perform such duties on his/her behalf. |
| (3) | The term of office of a member commissioned under Article 9 (3) 2 or 3 of the Act shall be two years: Provided, That, where the office of a member becomes vacant, the term of office of a member commissioned to fill a vacancy shall be the remaining term of office for his/her predecessor. |
| (4) | The chairperson shall convene a meeting of the Committee where he/she deems it necessary or at the call of at least 1/3 of registered members. |
| (5) | A meeting of the Committee shall commence with the attendance of a majority of registered members and pass a resolution with concurring votes of a majority of the members present. |
| (6) | When intending to convene a meeting, the chairperson shall provide each member with a written notice stating the date and time, place of the meeting and agenda to be addressed at the meeting at least seven days before the meeting is convened: Provided, That, where necessary to urgently convene a meeting, or in any extenuating circumstance, the relevant matters may be provided orally, by telephone or by other means at least the day before the meeting is convened. |
| (7) | One secretary shall be appointed by the Minister of Education from among public officials of the Ministry of Education to process the Committee's affairs. |
| Article 7 (Decommissioning Members, etc.) |
| 1. | Where it is deemed impossible or significantly difficult for a member to perform his/her duties due to any mental or physical impairment; |
| 2. | Where the member is deemed incompetent for office due to neglect of his/her duties, injury to dignity or any other ground, or where his/her term of office has expired. |
| (2) | Except as otherwise expressly provided for in this Decree, matters necessary for operating the Committee shall be determined by the chairperson upon the approval of the Committee. |
CHAPTER IV SUPPORT FOR LOCAL UNIVERSITIES AND COLLEGES, ETC.
| Article 8 (Percentage of Faculty Member Participation, etc.) |
| (1) | The head of a central administrative agency shall ensure that faculty members of local universities and colleges participate in each committee under his/her control by at least any of the following percentages pursuant to Article 10 of the Act: |
| 1. | By December 31, 2015: 10 percent of commissioned members; |
| 2. | By December 31, 2017: More than 10 percent and less than 20 percent of commissioned members; |
| 3. | After January 1, 2018: 20 percent of commissioned members. |
| (2) | Where deemed necessary to increase the participation of faculty members of local universities and colleges, the Minister of Education may request the relevant central administrative agencies to submit materials concerning the composition and operation of their committees. |
| Article 9 (Support, etc. of Public Institutions, etc.) |
| 1. | Corporate promotion and job placement to increase employment of regional human resources; |
| 2. | Loans, investment and financing; |
| 3. | Marketing, development of technologies, human resources and export; |
| 4. | Other matters deemed necessary to increase employment of regional human resources. |
| (2) | "The percentage prescribed by Presidential Decree" in Article 13 (3) 1 of the Act means 35 percent of university or college graduates (including graduates-to-be) in the annual new employment. |
| Article 10 (Expanding Opportunities for Admission into Universities or Colleges) |
The scope of the relevant area and percentages referred to in Article 15 (4) of the Act shall be as specified in the attached Table.
| Article 11 (Criteria for Designating Characterization Local Universities and Colleges, and Revocation of Designation, etc.) |
| (1) | "Local university or college meeting the criteria prescribed by Presidential Decree" in Article 17 (1) of the Act means any of the following universities or colleges: |
| 1. | A university or college selected by the Minister of Education as subject to a local university or college support project to enhance the competitiveness of local universities or colleges; |
| 2. | Other universities or colleges meeting the criteria determined by the Committee in consideration of region-specific industries, etc. |
| (2) | The president of a university or college who intends to obtain designation as a characterization local university or college under Article 17 (1) of the Act shall file an application for designation with the Minister of Education. |
| (3) | The Minister of Education in receipt of an application for designation under paragraph (2) shall determine whether he/she designates a characterization local university or college, following deliberation by the Committee and notify the relevant university or college of the results of such determination. |
| (4) | The Minister of Education may support a characterization local university or college designated under paragraph (3) with the following matters necessary for developing characterization fields under Article 17 (2) and (5) of the Act: |
| 1. | Developing and operating educational courses; |
| 2. | Purchasing educational and research equipment; |
| 3. | Experiment and practice expenses; |
| 4. | Project expenses deemed necessary for enhancing the educational capacities of characterization local universities and colleges. |
| Article 12 (Filing Appeal) |
| (1) | Where the president of a local university or college intends to file an appeal pursuant to Article 17 (4) of the Act, he/she shall file it with the Minister of Education along with materials stating the purpose and reason of the appeal within 30 days of receipt of the revocation notice. |
| (2) | The Minister of Education in receipt of an appeal under paragraph (1) shall notify the president of the relevant university or college of the results within 30 days of receipt of the appeal, following deliberation by the Committee. |
CHAPTER V REGIONAL HUMAN RESOURCE EMPLOYMENT IMPACT ASSESSMENT
| Article 13 (Subject Matters of Regional Human Resource Employment Impact Assessment) |
| (1) | Policies or statutes (hereinafter referred to as "subject policies, etc.) subject to regional human resource employment impact assessment under Article 20 (1) of the Act (hereinafter referred to as "employment impact assessment") shall be any of the following: |
| 1. | Statutes (referring to Acts, Presidential Decrees, Prime Ministerial Ordinances, Ministerial Ordinances, Municipal Ordinances and Municipal Rules) which the head of a central administrative agency or Mayor/Do Governor promotes to formulate or amend; |
| 2. | Three (or more) -year plans formulated pursuant to the relevant Act; |
| 3. | Matters related to employment of regional human resources which the head of a central administrative agency or a Mayor/Do Governor deems necessary to significantly affect employment of regional human resources; |
| 4. | Matters that are deemed by the Minister of Education or the Minister of Employment and Labor to significantly affect employment of regional human resources and to be subject to employment impact assessment and notified to the relevant central administrative agency or local government. |
| (2) | Notwithstanding paragraph (1), in any of the following cases, the relevant statute, plan or project need not be subject to employment impact assessment: |
| 1. | Where the case in issue is related to internal operation and management of administration, such as organizations of the State or local governments, and procedures for processing their affairs; |
| 2. | Where the case in issue involves a policy which will clearly not affect employment; |
| 3. | Where employment impact assessment is deemed impossible due to a special reason. |
| Article 14 (Preparation of Employment Impact Assessment Reports, etc.) |
| (1) | The head of a central administrative agency or a Mayor/Do Governor shall perform employment impact assessment during any of the following periods and prepare an employment impact assessment report: |
| 1. | Formulation and amendment of Acts, Presidential Decrees, Prime Ministerial Ordinances or Ministerial Ordinances under Article 13 (1) 1: Before examining legislation by the Ministry of Legislation; |
| 3. | Plans under Article 13 (1) 2: Before establishing the relevant plan; |
| 4. | Projects under Article 13 (1) 3: Before establishing the relevant project plan; |
| 5. | Projects under Article 13 (1) 4: Within 60 days from the date on which the Minister of Education or the Minister of Employment and Labor announces such matter. |
| (2) | An assessment report which the head of a central administrative agency or a Mayor/Do Governor prepares under Article 20 (2) of the Act shall include the following: |
| 1. | Purpose and summary of a subject policy, etc.; |
| 2. | Necessity of employment impact assessment and its effects to be expected; |
| 3. | An effect which a subject policy, etc. generates gain or loss of jobs, employment of regional human resources and balancing of human resources between local and national capital regions. |
| Article 15 (Review of Employment Impact Assessment Reports and Proposal of Policies) |
| (1) | Where the Minister of Employment and Labor reviews the appropriateness on each item of the assessment report submitted under Article 20 (2) of the Act, and deems it necessary to promote stability of regional employment and to create more jobs, he/she may present his/her opinions or recommend improvement on policies or statutes to the head of the relevant administrative agency or the relevant Mayor/Do Governor. |
| (2) | Where it is necessary to review assessment reports under Article 20 (3) of the Act, the Minister of Employment and Labor may request necessary materials from the head of the relevant central administrative agency or the relevant Mayor/Do Governor. |
| (3) | Where the head of the relevant central administrative agency or the relevant Mayor/Do Governor has incorporated the results of employment impact assessment into policies or statutes under Article 20 (4) of the Act, he/she shall submit its results to the Minister of Education and the Minister of Employment and Labor within 30 days therefrom. |
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on July 29, 2014.
Article 2 (Applicability concerning Employment Impact Assessment of Statutes and Plans)
Employment impact assessment of any statute or plan under Article 13 (1) 1 or 2 shall apply according to the following classifications: | 1. | Article 13 (1) 1: Any statute of which legislation is pre-announced after this Decree enters into force; |
| 2. | Article 13 (1) 2: Any plan which commences in 2016. |
Article 3 (Special Exceptions to Deadlines for Establishing Mater Plans, etc.)
| (1) | Any master plan to be first established under Article 2 after this Decree enters into force shall be established by August 31, 2015. |
| (2) | Notwithstanding Article 4, an action plan to be first established after this Decree enters into force shall be established within six months after the first master plan is established. In such cases, the notification period of guideline for establishing action plans, submission period of action plans and notification period of deliberation results may be differently determined following deliberation by the Committee. |
ADDENDA <Presidential Decree No. 25751, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That any Presidential Decrees amended under Article 5 of this Addenda, promulgated before this Decree enters into force, which have not yet entered into force, shall enter into force on the dates the respective Presidential Decrees enter into force.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 28211, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into fore on the date of its promulgation: Provided, That any Presidential Decrees amended under Article 8 of this Addenda, promulgated before this Decree enters into force, which have not yet entered into force, shall enter into force on the dates the respective Presidential Decrees enter into force.
Articles 2 through 8 Omitted.