ACT ON THE DEVELOPMENT OF LOCAL UNIVERSITIES AND COLLEGES AND REGIONAL HUMAN RESOURCES
Act No. 12337, Jan. 28, 2014
Amended by Act No. 12844, Nov. 19, 2014
Act No. 14839, Jul. 26, 2017
Act No. 15489, Mar. 20, 2018
Act No. 15959, Dec. 18, 2018
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to contribute to reinforcing competitiveness of local universities and colleges, and balanced development of regions by providing matters concerning fostering and supporting local universities and colleges, and regional human resources.
The terms used in this Act shall be defined as follows:
| 2. | The term “human resources for balanced regional development” (hereinafter referred to as “regional human resources”) means students or graduates of local universities or colleges. |
| Article 3 (Responsibilities of the State and Local Governments, etc.) |
| (1) | The State and local governments (referring to local governments other than Seoul Metropolitan area; hereinafter the same shall apply) shall formulate and implement comprehensive policies necessary for supporting the development of local universities and colleges, and regional human resources. |
| (2) | The State and local governments shall prepare schemes to provide financial support, such as securing budgets necessary for fulfilling the responsibilities specified in paragraph (1). |
| (3) | The State and local government shall endeavor to formulate and implement plans for increasing job opportunities for regional human resources; and create a social or economic environment to promote employment of regional human resources. |
| (4) | Public institutions and enterprises shall fully cooperate with the State and local governments so as to promote hiring of regional human resources. |
| Article 4 (Relations with Other Acts) |
With respect to the development of local universities and colleges, and regional human resources, this Act shall take precedence over the provisions of other Acts.
CHAPTER II MASTER PLANS FOR DEVELOPING AND SUPPORTING LOCAL UNIVERSITIES AND COLLEGES, AND REGIONAL HUMAN RESOURCES, ETC.
| Article 5 (Establishment of Master Plans for Developing and Supporting Local Universities and Colleges, and Regional Human Resources) |
| (1) | The Minister of Education shall quinquennially establish a master plan for developing and supporting local universities and colleges, and regional human resources (hereinafter referred to as “master plan”) in order to develop and support local universities and colleges, and regional human resources. |
| (2) | A master plan shall include the following: |
| 1. | Matters concerning goals of policies and basic direction setting for developing and supporting local universities and colleges, and regional human resources; |
| 2. | Matters concerning the tasks required and middle- and long-term promotion plans for developing and supporting local universities and colleges, and regional human resources; |
| 3. | Matters concerning schemes for financing projects to develop and support local universities and colleges, and regional human resources; |
| 4. | Matters concerning administrative and financial support measures to develop local universities and colleges, and regional human resources; |
| 5. | Matters concerning improvement of systems for developing and supporting local universities and colleges, and regional human resources; |
| 6. | Matters concerning specializing local universities and colleges; |
| 7. | Matters concerning encouraging hiring of regional human resources; |
| 8. | Others matters concerning developing local universities and colleges, and regional human resources. |
| (3) | A master plan shall be finalized following deliberation by the Committee for Developing and Supporting Local Universities and Colleges, and Regional Human Resources described in Article 8. The same shall apply to a revision to the master plan: Provided, That the said requirements shall not apply to any change of insignificant matters prescribed by Presidential Decree. |
| (4) | The Minister of Education shall submit the finalized master plan to the head of the relevant central administrative agency and a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, or a Special Self-Governing Province Governor (hereinafter referred to as “Mayor/Do Governor”) under Article 3 (1). |
| (5) | The Minister of Education may conduct a fact-finding survey on the development of and support for local universities and colleges and regional human resources in order to establish a master plan, and matters necessary for the procedures for establishing a master plan, the methods and details of fact-finding surveys, etc. shall be prescribed by Presidential Decree. <Amended by Act No. 15959, Dec. 18, 2018> |
| Article 6 (Formulation and Implementation of Annual Action Plans) |
| (1) | The head of a relevant central administrative agency or a Mayor/Do Governor shall formulate and implement an annual action plan for developing and supporting local universities and colleges, and regional human resources (hereinafter referred to as “action plan”) on a field in which he/she is competent, pursuant to the master plan. |
| (2) | Each year, the head of a relevant central administrative agency or a Mayor/Do Governor shall submit to the Minister of Education the action plan of the upcoming year under paragraph (1) and the results of implementing the action plan of the previous year, as prescribed by Presidential Decree, and the Minister of Education shall integrate and adjust such plan and refer the integrated and adjusted plan to the Committee for Developing and Supporting Local Universities and Colleges, and Regional Human Resources described in Article 8 for deliberation. |
| (3) | The Minister of Education shall notify the head of the relevant central administrative agency or the relevant Mayor/Do Governor of the results of deliberation under paragraph (2). |
| (4) | The Minister of Education may request necessary data from the head of the relevant institution or organization, such as the head of the relevant central administrative agency and the head of a local government, in order to conduct a fact-finding survey under Article 5 (5) and integrate and adjust the results of implementation under paragraph (2), and the head of the relevant institution or organization requested to submit the necessary data shall comply with such request, unless there is a compelling reason not to do so. <Newly Inserted by Act No. 15959, Dec. 18, 2018> |
| (5) | Matters necessary for the formulation, implementation, etc. of action plans shall be prescribed by Presidential Decree. <Amended by Act No. 15959, Dec. 18, 2018> |
| Article 7 (Relations with Other Plans) |
CHAPTER III COMMITTEE FOR DEVELOPING AND SUPPORTING LOCAL UNIVERSITIES AND COLLEGES, AND REGIONAL HUMAN RESOURCES
| Article 8 (Establishment of Committee for Developing and Supporting Local Universities and Colleges, and Regional Human Resources) |
| (1) | There shall be established under the Minister of Education a Committee for Developing and Supporting Local Universities and Colleges, and Regional Human Resources (hereinafter referred to as “Committee”) to deliberate on significant matters concerning developing and supporting local universities and colleges. |
| (2) | The Committee shall deliberate on and adjust the following: |
| 1. | Matters concerning establishing and implementing master plans under Article 5 (1); |
| 2. | Matters concerning formulating action plans and monitoring results of implementing action plans under Article 6 (1) and (2); |
| 3. | Matters concerning analyzing and assessing actual employment of regional human resources under Articles 12 and 13; |
| 4. | Matters concerning designating characterization local universities and colleges under Article 17; |
| 5. | Matters concerning analyzing and assessing policies involved in local universities and colleges, and regional human resources; |
| 6. | Matters concerning adjusting and cooperating in projects for developing and supporting local universities and colleges, and regional human resources; |
| 7. | Other matters concerning developing and supporting local universities and colleges, and regional human resources which the chairperson submits to the meeting as significant agenda. |
| Article 9 (Composition and Operation of Committee) |
| (1) | The Committee shall be comprised of not more than 20 members, including one chairperson. |
| (2) | The Minister of Education shall serve as the chairperson and any of the following persons, as the Committee member: <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| 1. | The Vice Minister of Strategy and Finance, the Vice Minister of Science and ICT, the Vice Minister of the Interior and Safety, the Vice Minister of SMEs and Startups, and other public officials at Vice Ministerial level of the relevant central administrative agencies prescribed by Presidential Decree; |
| 2. | The head of a metropolitan local government commissioned by the chairperson; |
| 3. | A person commissioned by the chairperson from among those who have professional knowledge and abundant experience in policies for developing local universities and colleges, and regional human resources. |
| (3) | The Committee may request the head of a relevant central administrative agency, a local government, or a public institution to submit the relevant materials or present his/her opinion, etc., if necessary to perform the Committee's duties. In such cases, the head of the relevant agency in receipt of a request shall comply with such request, except in extenuating circumstances. |
| (4) | Other matters necessary for organizing, operating, etc. the Committee shall be prescribed by Presidential Decree. |
CHAPTER IV SUPPORT FOR LOCAL UNIVERSITIES AND COLLEGES, ETC.
| Article 10 (Increasing Participation of Faculty Members) |
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 the percentage prescribed by Presidential Decree: Provided, That the said requirements shall not apply where the head of the central administrative agency deems that any extenuating circumstance exists.
| Article 11 (Equal Opportunities in Overseas Exchanges and Training) |
| (1) | The State and local governments shall ensure that students of local universities and colleges have equal opportunities in the course of supporting projects for overseas exchanges and training of students. |
| (2) | The State and local governments shall endeavor to establish and implement plans for overseas exchanges and training to foster abilities of students of local universities and colleges. |
| Article 12 (Expanding Opportunities for Regional Human Resources to be Appointed as Public Officials) |
| (1) | The State shall formulate and implement action plans to ensure that regional human resources constitute at least a certain percentage of national public officials to be newly appointed. |
| (2) | A local government shall formulate and implement action plans to ensure that human resources in the local government's jurisdictional area constitute at least a certain percentage of local public officials to be newly appointed. |
| (3) | Where regional human resources are selected under paragraph (1) and (2), the head of a central personnel management agency specified in Article 6 of the State Public Officials Act or the head of a local government shall determine the applicable examination, ratio of selection and method of selection, etc. |
| (4) | The Minister of the Interior and Safety and the Minister of Personnel Management shall report action plans referred to in paragraphs (1) and (2), the results of implementing such action plans, etc. to the National Assembly. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| Article 13 (Increasing Employment by Public Institutions, etc.) |
| (1) | Any public institution specified in the Act on the Management of Public Institutions or enterprise with at least 300 full-time workers (hereafter in this Article, referred to as “enterprise”) shall endeavor to employ regional human resources by at least a certain percentage of new employment. |
| (2) | The State and a local government may request a public institution or enterprise which has low statistics in employing regional human resources following deliberation by the Committee on any matters referred to in Article 8 (2) 3 to disclose the employment statistics, and to increase employment of regional human resources. |
| (3) | In any of the following cases, the State and a local government may provide necessary support to a public institutions or enterprise, as prescribed by Presidential Decree: |
| 1. | Where regional human resources are employed by at least the percentage prescribed by Presidential Decree; |
| 2. | Where a special employment system is developed and operated to increase employment of regional human resources; |
| 3. | Where support projects are implemented to provide on-the-job training opportunities or intern employment opportunities to regional human resources. |
| Article 14 (Preferential Employment of Regional Human Resources by Universities, Colleges, etc.) |
The president of a university or college or the head of a government-funded research institute may preferentially employ regional human resources when recruiting faculty members and researchers of the relevant university, college or institute.
| Article 15 (Expanding Opportunities for Admission into Universities and Colleges) |
| (2) | To admit talented regional human resources, the president of a local university or college shall endeavor to ensure that high school graduates (including graduates-to-be) of the relevant area are admitted as new students of a medical college, college of oriental medicine, dental college, pharmaceutical college, nursing college, etc., by at least a certain percentage of the relevant college's total admission. <Amended by Act No. 15959, Dec. 18, 2018> |
| (3) | To admit talented regional human resources, the president of a local university or college shall endeavor to ensure that local university or college graduates (including graduates-to-be) of the relevant area are admitted as new students of a specialized graduate school of law, medical, dentistry and oriental medicine, by at least a certain percentage of the relevant graduate school's total admission. |
| (4) | Scope of the relevant area, percentages and other necessary matters shall be determined by school regulations to the extent specified by Presidential Decree. |
| Article 16 (Support of the State, etc.) |
| (1) | The State and local governments may provide support necessary for securing faculty members, and facilities and equipment for education and research so as to improve the educational and research environments of local universities and colleges. |
| (2) | The State and local governments may provide support necessary for subsidizing experiment practice costs, research foundation costs, or scholarships, etc. so as to promote academic or scientific research and educational research of local universities and colleges. |
| (3) | The State and local governments may provide support necessary for locating regional human resources in the relevant area. |
| Article 17 (Designating Characterization Local Universities and Colleges) |
| (1) | The Minister of Education may designate a local university or college meeting the criteria prescribed by Presidential Decree as a characterization local university or college following deliberation by the Committee to develop professional human resources necessary for region-specific industries and metropolitan cooperation sphere industries under Article 11 (1) of the Special Act on Balanced National Development. <Amended by Act No. 15489, Mar. 20, 2018> |
| (2) | The Minister of Education may provide administrative and financial support necessary for fostering characterized fields, to a characterization local university or college under paragraph (1). |
| (3) | Where a characterization local university or college under paragraph (1) falls under any of the following cases, the Minister of Education shall revoke its designation and notify the president of the relevant local university or college of such revocation without delay: |
| 1. | Where it ceases to meet the designation requirements described in paragraph (1); |
| 2. | Where it is designated as a characterization local university or college by deceptive or other wrongful means; |
| 3. | Where it uses subsidies for another purpose. |
| (4) | The president of a university or college the designation of which is revoked may file an appeal with the Minister of Education. |
| (5) | Matters necessary for designating a characterization local university or college and revoking such designation; criteria and procedures for filing an appeal; and details of support, etc. shall be prescribed by Presidential Decree. |
| Article 18 (Responsibilities of Local Universities and Colleges) |
| (1) | Each local university or college shall establish and implement development plans and characterization plans to develop excellent human resources necessary for regional development. |
| (2) | Each local university or college shall create educational and research environments to develop excellent and creative human resources, and establish and implement scholarship and welfare policies to minimize the burden of students. |
| (3) | Each local university or college shall endeavor to promote industry-academia-research cooperation with industries, research institutes, etc. to increase employment of regional human resources. |
| (4) | Each local university or college shall provide regional residents with opportunities for lifelong learning and support lifelong learning programs. |
| Article 19 (Consultative Committee for Developing and Supporting Local Universities and Regional Human Resources) |
| (1) | A local government may establish a consultative committee for developing and supporting local universities and colleges, and regional human resources (hereinafter referred to as “consultative committee”) in which universities and colleges, industries and research institutes participate, so as to consult and coordinate significant matters concerning development of and support for local universities and colleges, and regional human resources. |
| (2) | Matters necessary for organizing and operating a consultative committee shall be determined by Municipal Ordinance of the relevant Metropolitan City, Special Self-Governing City, Do or Special Self-Governing Province. |
CHAPTER V REGIONAL HUMAN RESOURCE EMPLOYMENT IMPACT ASSESSMENT
| Article 20 (Implementation of Employment Impact Assessment of Policies, etc. for Regional Human Resources) |
| (1) | Where the head of a central administrative agency or a Mayor/Do Governor establishes and implements policies under his/her jurisdiction, or formulates or amends the relevant statutes, he/she shall implement employment impact assessment which analyzes and assesses how the relevant policies or statutes affect the employment of regional human resources, etc. and endeavor to incorporate the results of such assessment into the policies or statutes. |
| (2) | The head of a central administrative agency or a Mayor/Do Governor shall prepare a report on regional human resource employment impact assessment conducted under paragraph (1) and submit such report to the Minister of Education and the Minister of Employment and Labor, as prescribed by Presidential Decree. |
| (3) | The Minister of Employment and Labor may notify the head of the relevant central administrative agency or the relevant Mayor/Do Governor of his/her review opinions on the assessment report submitted. |
| (4) | Where the head of a central administrative agency or a Mayor/Do Governor incorporates the results of regional human resource employment impact assessment into policies or statutes pursuant to paragraph (1), he/she shall submit a report on such incorporation to the Minister of Education and the Minister of Employment and Labor. |
| (5) | Necessary matters concerning subject matters and methods of the regional human resource employment impact assessment shall be prescribed by Presidential Decree. |
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicabilities)
The provisions of Article 15 shall begin to apply from the 2015 admission process.
ADDENDA <Act No. 12844, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That any Acts amended under Article 6 of this Addenda, promulgated before this Act enters into force, which have not yet entered into force, shall enter into force on the dates the respective Acts enter into force.
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 statutes amended under Article 5 of this Addenda, promulgated before this Act enters into force, which have not yet entered into force, shall enter into force on the date the respective statutes enter into force.
Articles 2 through 6 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.
ADDENDUM <Act No. 15959, Dec. 18, 2018>
This Act shall enter into force six months after the date of its promulgation.