FRAMEWORK ACT ON THE DEVELOPMENT OF HUMAN RESOURCES
Act No. 6713, Aug. 26, 2002
Amended by Act No. 7928, Mar. 24, 2006
Act No. 8389, Apr. 27, 2007
Act No. 8852, Feb. 29, 2008
Act No. 9629, Apr. 22, 2009
Act No. 11690, Mar. 23, 2013
Act No. 11713, Mar. 23, 2013
Act No. 12215, Jan. 7, 2014
Act No. 14839, Jul. 26, 2017
Act No. 15344, Jan. 16, 2018
Act No. 15489, Mar. 20, 2018
The purpose of this Act is to determine necessary matters concerning the formulation, overall control, coordination and evaluation of human resources development policies and other necessary matters and to efficiently promote the development of human resources, thereby contributing to improvement of living standards of citizens and strengthening of national competitiveness. <Amended by Act No. 8389, Apr. 27, 2007>
The terms used in this Act shall be defined as follows: <Amended by Act No. 8389, Apr. 27, 2007>
| 1. | The term "human resources" means the abilities and characters of humans, such as knowledge, technology, and attitudes necessary for the development of individuals, society, and the State; |
| 2. | The term "development of human resources" means the nurturing, allocation, or utilization of human resources by the State, local governments, educational institutions, research institutes, companies, etc. and various activities to establish social norms and networks related thereto; |
| 3. | The term "human resources development project" means a project to support the development of human resources with budget or funds by the central administrative agency or local governments. |
| Article 3 (Relationship with other Acts) |
With respect to the development of human resources, this Act shall prevail over other Acts.
| Article 4 (Obligations of the State, etc.) |
| (1) | The State shall formulate comprehensive policies for the development of human resources, and devise administrative and financial measures necessary for the implementation of such policies. |
| (2) | Local governments shall devise policies necessary for the development of human resources, taking into account national policies and regional characteristics. |
| (3) | The State and local governments shall take into consideration the fields in urgent need of development of human resources, the balance between classes, etc. in formulating and implementing policies on the development of human resources. |
| (4) | The State and local governments shall actively inform persons engaged in duties of developing human resources in educational institutions, research institutes, companies, etc., of policies under paragraphs (1) and (2) and provide necessary support to them. |
| (5) | The State and local governments shall actively inform the general public of the information on the development of human resources, such as the prospect of the supply and demand of human resources, so as to help individuals utilize such information for the development of themselves. |
| Article 5 (Formulation of Basic Plans on Development of Human Resources) |
| (1) | In order to ensure the efficient achievement of the purposes of this Act, the Government shall establish mid-to-long term policy objectives and direction for the development of human resources, and formulate and implement a basic plan on the development of human resources (hereinafter referred to as "basic plan") accordingly. |
| (2) | The Minister of Education shall formulate a draft basic plan by putting together plans, policies, etc. related to the development of human resources of the relevant central administrative agencies every five years, and submit such to the National Human Resources Committee under Article 7. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| (3) | The Government shall finalize the draft basic plan under paragraph (2) as the basic plan after deliberations by the National Human Resources Committee and by the State Council under Article 7, and the Minister of Education shall disclose the basic plan to the public. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| (4) | Paragraphs (2) and (3) shall apply mutatis mutandis where the basic plan is revised due to significant changes in circumstances, etc. related to the development of human resources. |
| (5) | The basic plan shall include each of the following matters: |
| 1. | Mid-to-long term policy objectives and direction for the development of human resources; |
| 2. | Major human resources development policies of the relevant administrative agencies; |
| 3. | Support for the development of regional human resources; |
| 4. | Policies to support key human resources development in the private sector; |
| 5. | Efficient management and utilization of human resources in the public sector, including the State and local governments; |
| 6. | Improvement of the quality of human resources development through industry-academic cooperation; |
| 7. | Management of information on human resources for the development of human resources, prospect of the supply and demand of human resources in the mid-to-long term and the establishment of a foundation related thereto; |
| 8. | Expansion of investment in the development of human resources; |
| 9. | Promotion of the internationalization of human resources development; |
| 10. | Promotion of exchange and cooperation on the development of human resources between South and North Korea; |
| 11. | Other matters concerning the development of human resources, which are prescribed by Presidential Decree. |
| (6) | The heads of the relevant central administrative agencies shall formulate and execute an annual implementation plan concerning affairs under their jurisdiction (hereinafter referred to as "implementation plan"), in accordance with the basic plan. |
| (7) | The Minister of Education shall, each year, put together track records pertaining to the execution of implementation plans carried out during the previous year by the heads of the relevant central administrative agencies and the implementation plans for the next year, and shall submit such comprehensive data to the National Human Resources Committee under Article 7. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| (8) | When the heads of the relevant central administrative agencies and the heads of local governments formulate plans concerning the development of human resources other than implementation plans, they shall follow the mid-to-long term policy objectives and direction under paragraph (1). |
| (9) | Necessary matters concerning procedures for the formulation of basic plans and implementation plans shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 8389, Apr. 27, 2007]
| Article 5-2 (Reports to National Assembly) |
The Government shall, each year, finalize the outlines of the basic plan, implementation plans of the pertinent year, and track records of execution under implementation plans of the previous year, and reports on the evaluation results under Articles 8 and 9, and shall submit such to the National Assembly without delay. [This Article Newly Inserted by Act No. 8389, Apr. 27, 2007]
| Article 6 (Requests for Cooperation from Public Institutions) |
| (1) | The heads of the relevant central administrative agencies may request cooperation from the heads of other central administrative agencies, local governments, or public institutions, when necessary for formulating and executing basic plans and implementation plans. |
| (2) | The heads of local governments may request cooperation from the heads of the relevant central administrative agencies, other local governments, or public institutions, when necessary for promoting the human resources development policies, considering regional characteristics. <Amended by Act No. 8389, Apr. 27, 2007> |
| (3) | Any person requested to provide cooperation under paragraphs (1) and (2) shall comply with such request, except in extraordinary circumstances. |
| Article 7 (National Human Resources Committee) |
| (1) | The Government shall have a National Human Resources Committee (hereinafter referred to as the "Committee"), so as to coordinate major polices on the development of human resources and deliberate on matters concerning the efficient management of budget, etc. related to the development of human resources. |
| (2) | The Committee shall deliberate on the following matters: Provided, That the Committee shall consult with the Presidential Advisory Council on Science and Technology prescribed in the Presidential Advisory Council on Science and Technology Act on matters related to the development of human resources in the fields of science and technology, as prescribed by Presidential Decree, to decide whether to deliberate on such matters: <Amended by Act No. 11713, Mar. 23, 2013; Act No. 15344, Jan. 16, 2018> |
| 1. | Matters concerning the formulation and revision of basic plans; |
| 2. | Matters concerning the planning, coordination or evaluation of plans and policies on the development of human resources in each of the following fields: |
| (a) | Development of human resources in the high-tech field; |
| (b) | Development of human resources in professional services, such as law, health care and business administration; |
| (c) | Development of female human resources; |
| (d) | Policies on vocational education and training; |
| (e) | Invigoration of the industry-academic cooperation; |
| (f) | Development of military human resources; |
| (g) | Utilization of human resources in the public sector, such as the State and local governments; |
| (h) | Development of human resources in the disadvantaged class, such as disabled persons, senior citizens or semi-aged persons; |
| (i) | Development of regional human resources; |
| (j) | Other matters prescribed by Presidential Decree; |
| 3. | Matters concerning measures to increase investments, such as budget, etc. related to the development of human resources; |
| 4. | Matters concerning the coordination and evaluation of projects on the development of human resources implemented by the Government each year, and the efficient management of budget related thereto; |
| 5. | Matters concerning track records of execution and implementation plans under Article 5 (7); |
| 6. | Matters concerning the designation of Human Resources Development Evaluation Centers under Article 12 (1); |
| 7. | Matters concerning the establishment of a system for outlook for the supply and demand of human resources, and the provision and utilization of information; |
| 8. | Matters requested for deliberation by the heads of the relevant central administrative agencies with regard to the development of human resources, and matters suggested by the chairperson of the Committee; |
| 9. | Matters prescribed as those subject to deliberation by the Committee under other statutes. |
| (3) | Where the Committee deliberates on matters related to local governments, among those subject to deliberation under paragraph (2), it shall hear the opinions of the heads of the relevant local governments, as prescribed by Presidential Decree. |
| (4) | The Committee shall be comprised of no more than 30 members, including one chairperson and one vice chairperson. |
| (5) | The President shall serve as the chairperson, the Minister of Education shall serve as the vice chairperson, and members shall be those among following persons: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 11713, Mar. 23, 2013; Act No. 15344, Jan. 16, 2018> |
| 1. | The heads of the relevant central administrative agencies prescribed by Presidential Decree or institutions equivalent thereto; |
| 2. | Any person appointed by the chairperson, from among those with good professional knowledge and experience in the development of human resources; |
| (6) | The chairperson shall convene and preside over the meetings of the Committee. |
| (7) | The chairperson may have the vice chairperson act on his/her behalf, when it is necessary. |
| (8) | In order to support the administrative affairs of the Committee and handle affairs for the development of human resources, there shall be established headquarters under the Ministry of Education for promoting policies on the development of human resources, and the chief of the headquarters shall serve as the executive secretary of the Committee. Necessary matters concerning the composition and operation of the headquarters shall be prescribed by Presidential Decree. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| (9) | A steering committee shall be established under the Committee so as to review in advance agenda items to be submitted to the Committee and deliberate on matters concerning the operation of the Committee, and a special committee shall be established under the Committee so as to deliberate on agenda items delegated by the Committee. In such cases, specialized committees by field may be established under the steering committee for a professional review on matters subject to deliberation by the Committee. |
| (10) | Necessary matters concerning the composition and operation of the Committee, steering committee, special committee and specialized committees shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 8389, Apr. 27, 2007]
| Article 7-2 (Utilization of Results of Deliberation by Committee) |
| (1) | The Committee shall inform the heads of the relevant central administrative agencies and the heads of local governments of the results of deliberation. |
| (2) | When formulating policies on the development of human resources and compiling or implementing a budget related to the development of human resources, the heads of the relevant central administrative agencies and the heads of local governments shall reflect the results of deliberation by the Committee. |
| (3) | The Minister of Strategy and Finance shall compile a budget related to national human resources development projects after reflecting the results of deliberation by the Committee under Article 7 (2) 3 through 5. <Amended by Act No. 8852, Feb. 29, 2008> |
[This Article Newly Inserted by Act No. 8389, Apr. 27, 2007]
| Article 7-3 (Promotion of Development of Regional Human Resources) |
| (1) | The head of a local government may establish a regional human resources development council (hereinafter referred to as the "Council"), so as to deliberate on matters necessary for the formulation and implementation of policies on the development of regional human resources under Article 4 (2). |
| (2) | The Council shall deliberate on the following matters: |
| 1. | Matters concerning the formulation and implementation of basic plans on the development of regional human resources; |
| 2. | Matters concerning the overall control or coordination of policies on the resident’s vocational education and training or lifelong education; |
| 3. | Other matters submitted for deliberation by the president of the Council. |
| (3) | Matters necessary for the composition and operation of the Council shall be determined by ordinance of a local government. |
| (4) | When formulating and implementing policies on the development of regional human resources, the heads of local governments shall hear the opinions of the relevant central administrative agencies, the regional innovation council prescribed in Article 28 of the Special Act on Balanced National Development, and Superintendents of the Offices of Education. <Amended by Act No. 9629, Apr. 22, 2009; Act No. 12215, Jan. 7, 2014; Act No. 15489, Mar. 20, 2018> |
| (5) | The heads of local governments may submit agenda items to the Committee, when necessary for efficiently promoting the development of regional human resources. |
[This Article Newly Inserted by Act No. 8389, Apr. 27, 2007]
| Article 8 (Self-Evaluation, etc. of Human Resources Development Projects) |
| (1) | The heads of central administrative agencies and the heads of local governments shall conduct self-evaluation of human resources development projects under their jurisdiction pursuant to Article 14 of the Framework Act on Public Service Evaluation and shall submit the results thereof to the Committee: Provided, That this shall not apply where the Committee conducts special evaluation of human resources development projects under Article 9 (1). |
| (2) | The heads of central administrative agencies and the heads of local governments shall, when they promote human resources development projects under their jurisdiction, endeavor to ensure that investments in the development of human resources are made in the most effective manner by reflecting the results of self-evaluation under paragraph (1) and special evaluations conducted by the Committee under Article 9 (1). |
| (3) | Necessary matters concerning the scope, procedures, etc. for self-evaluation under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 8389, Apr. 27, 2007]
| Article 9 (Special Evaluations, etc. Conducted by Committee) |
| (1) | The Committee may select projects requiring an in-depth evaluation, from among human resources development projects falling under any of the following subparagraphs, and conduct special evaluations thereof: Provided, That the Committee shall determine whether to conduct special evaluations of national research and development projects, for which the Minister of Science and ICT conducts evaluation, etc. under Article 12 of the Framework Act on Science and Technology, after consulting with the Minister of Science, ICT and Future Planning, as prescribed by Presidential Decree: <Amended by Act No. 11713, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017> |
| 1. | Major projects included in basic plans; |
| 2. | Projects requiring inter-ministerial connection and coordination; |
| 3. | Projects for which a large-scale and long-term budget is earmarked; |
| 4. | Joint projects implemented by many central administrative agencies; |
| 5. | Other major human resources development projects, which are determined by Presidential Decree. |
| (2) | The Committee shall deliberate and decide on plans for a special evaluation under paragraph (1), after consulting with the Public Service Evaluation Committee under Article 9 of the Framework Act on Public Service Evaluation, and inform the heads of the relevant central administrative agencies of such plans. |
| (3) | The Committee may verify and inspect the objectivity, fairness, etc. of procedures or methods concerning the results of self-evaluation submitted under Article 8 (1) by the heads of central administrative agencies. |
| (4) | The Committee may conduct an evaluation of plans and policies by field, with regard to the items of Article 7 (2) 2. |
| (5) | The Committee shall conduct investigation and analysis of human resources development projects each year: Provided, That the Committee shall decide whether to investigate and analyze national research and development projects, for which the Minister of Science and ICT conducts and investigation and analysis under Article 12 of the Framework Act on Science and Technology, in consultation with the Minister of Science and ICT, as prescribed by Presidential Decree: <Amended by Act No. 11713, Mar. 23, 2013; Act No. 14389, Jul. 26, 2017> |
| (6) | The Committee may request the relevant central administrative agencies, local governments, educational or research institutes, and other corporations or organizations taking part in human resources development projects to submit materials prescribed by Presidential Decree, such as implementation procedures and expenses, and business performance, etc. of human resources development projects, in order to conduct special evaluations, etc. of human resources development projects, and the institutions, corporations or organizations shall, upon receiving a request to submit materials, comply with such request except in exceptional circumstances. |
| (7) | Necessary matters concerning the scope, methods, procedures, etc. of a special evaluation under paragraphs (1), (4) and (5) and necessary matters concerning requests for the submission of materials, submission procedures, etc. under paragraph (6) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 8389, Apr. 27, 2007]
| Article 10 (Designation of Officer in Charge of Human Resources Development Policies) |
| (1) | The heads of the relevant central administrative agencies and the heads of local governments may designate, from among public officials belonging thereto, an officer to be in charge of policies on the development of human resources, who will exercise the overall control of polices on the development of human resources in the relevant institutions (hereinafter referred to as "officer in charge"). |
| (2) | Necessary matters concerning the designation, roles, etc. of an officer in charge shall be prescribed by Presidential Decree. |
| Article 11 (Production, Distribution and Utilization of Information Related to Human Resources Development) |
| (1) | The Government shall develop an indicator concerning the development of human resources, produce information, such as relevant statistics based on the developed indicator (hereinafter referred to as "information, etc.") and promote the distribution and utilization of such information, etc. |
| (2) | The Government shall establish and implement the following policies, so as to promote the production, distribution and utilization of information, etc.: |
| 1. | Collection, analysis, and processing of information, etc. and the establishment of a database; |
| 2. | Establishment and operation of information networks related to the human resources development; |
| 3. | Support for institutions producing and distributing the information, etc. |
| Article 12 (Designation of Human Resources Development Evaluation Centers) |
| (1) | The Minister of Education may designate research institutes, etc. related to the development of human resources as Human Resources Development Evaluation Centers, following deliberation by the Committee, which will perform the following duties as prescribed by Presidential Decree: <Amended by Act No. 8389, Apr. 27, 2007; Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| 1. | Support for planning, coordination, and evaluation of plans and policies on the development of human resources conducted by the Committee under Article 7 (2) 2; |
| 2. | Support for the coordination and evaluation of human resources development projects and the efficient management of budget related thereto conducted by the Committee under Article 7 (2) 4; |
| 3. | Support for special evaluations conducted by the Committee under Article 9; |
| 4. | Other duties deemed necessary by the Committee. |
| (2) | The Government may subsidize expenses incurred in performing duties under paragraph (1) by the Human Resources Development Evaluation Centers, within budgetary limits. <Amended by Act No. 8389, Apr. 27, 2007> |
| Article 13 (Establishment of Cooperative Networks of Government-Funded Research Institutes, etc.) |
| (1) | For the efficient promotion of human resources development policies and smooth distribution of information, etc., the Minister of Education may establish a cooperative network, which may link the Human Resources Development Evaluation Centers under Article 12, relevant government-funded research institutes, educational institutions and other research institutes and organizations. <Amended by Act No. 8389, Apr. 27, 2007; Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| (2) | The Minister of Education may designate an agency in charge for the establishment of a cooperative network under paragraph (1), as prescribed by Presidential Decree, and subsidize expenses incurred therein. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| Article 14 (Accreditation of Superior Institutions in Human Resources Development, etc.) |
| (1) | The Government may grant certification to superior institutions in human resources development, etc. and provide necessary support to such institutions, in an effort to promote the development of human resources in the public and private sectors. |
| (2) | Business affairs concerning accreditation under paragraph (1) may be entrusted to public institutions or private organizations, etc. related to the development of human resources, as prescribed by Presidential Decree. |
| (3) | When any person who has received certification under paragraph (1) falls under any of the following subparagraphs, such certification may be revoked: Provided, That such certification shall be revoked, where he/she falls under subparagraph 1: |
| 1. | When he/she has obtained certification by fraudulent or other wrongful means; |
| 2. | When any other circumstances prescribed by Presidential Decree occur, such as a failure to continuously satisfy the certification standards under paragraph (4). |
| (4) | Necessary matters concerning the certification of superior institutions in human resources development, such as subjects, standards and procedures for certification, shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 8389, Apr. 27, 2007]
ADDENDA
| (1) | (Enforcement Date) This Act shall enter into force six months after the date of its promulgation. |
| (2) | (Transitional Measures concerning Basic Plans on Development of Human Resources) Basic plans and implementation plans on the development of human resources formulated at the time this Act enters into force shall be deemed basic plans and implementation plans under Article 5. |
ADDENDA <Act No. 7928, Mar. 24, 2006>
Article 1 (Enforcement Date)
This Act shall enter into force on April 1, 2006.
Articles 2 through 5 Omitted.
ADDENDA <Act No. 8389, Apr. 27, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force two months after the date of its promulgation.
Article 2 (Transitional Measures concerning Basic Plans, etc.)
| (1) | Basic plans, implementation plans and human resources development policies which are put into force after deliberation by meetings on the development of human resources at the time this Act enters into force shall be deemed to have undergone deliberation by the Committee under the amended provisions of Article 7. |
| (2) | A regional human resources development council established at the time this Act enters into force shall de deemed to have been established under the amended provisions of Article 7-3. |
Article 3 Omitted.
Article 4 (Relationship with Other Statutes)
A citation of the former Framework Act on the Development of Human Resources or any provision thereof by any other Act or subordinate statute in force at the time this Act enters into force shall be deemed to be a citation of this Act or the corresponding provision hereof in lieu of the former provision, if such a corresponding provision exists herein.
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 9629, Apr. 22, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force on the date of its promulgation. |
Articles 2 through 7 Omitted.
ADDENDA <Act No. 11713, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 12215, Jan. 7, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 14839, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That among the Acts amended in accordance with Article 5 of the Addenda, amendments to Acts, which were promulgated before this Act enters into force, but the dates on which they are to enter into force have yet to arrive, shall enter into force on the enforcement dates of the respective Acts.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 15344, Jan. 16, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 15489, Mar. 20, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.