FRAMEWORK ACT ON QUALIFICATIONS
Wholly Amended by Act No. 8390, Apr. 27, 2007
Amended by Act No. 8852, Feb. 29, 2008
Act No. 9190, Dec. 26, 2008
Act No. 10093, Mar. 17, 2010
Act No. 10339, jun. 4, 2010
Act No. 10907, Jul. 25, 2011
Act No. 11690, Mar. 23, 2013
Act No. 11722, Apr. 5, 2013
Act No. 14397, Dec. 20, 2016
Act No. 16335, Apr. 23, 2019
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to systematize the management and operation of qualification systems through determining basic matters concerning qualifications, to enhance the socio-economic status of people through promoting lifelong vocational competency development and to contribute to the realization of a competence-centered society.
The terms used in this Act shall be defined as follows: <Amended by Act No. 11722, Apr. 5, 2013>
| 1. | "Qualification" means an ability, the level of acquisition of knowledge, technique, aptitude, etc. of which necessary for the performance of occupational duties is assessed or recognized in accordance with specific criteria and procedures; |
| 2. | "National Skill Standards" means knowledge, technique, aptitude, etc. required for the performance of occupational duties at industrial sites, which are systemized by the State by industrial sector and level; |
| 3. | "Qualification system" means a system of levels of qualifications to connect school education and vocational training (hereinafter referred to as "education and training") to qualifications, based on the National Skill Standards; |
| 4. | "National qualification" means a qualification which is created, managed and operated by the State in accordance with statutes; |
| 5. | "Private qualification" means a qualification which is created, managed and operated by a person other than the State; |
| 5-2. | "Registered qualification" means a qualification which excludes accredited qualifications, of the private qualifications registered with the competent Minister pursuant to Article 17 (2); |
| 5-3. | "Accredited qualification" means a private qualification recognized and accredited by the competent Minister pursuant to Article 19 (1); |
| 6. | "National qualification manager" means the head of a central administrative organ which manages and operates the relevant national qualification; |
| 7. | "Private qualification manager" means any person who manages and operates the relevant private qualification; |
| 8. | "Competent Minister" means the head of a central administrative organ which accepts the registration of or accredits private qualifications under his/her jurisdiction, and guides and supervises it; |
| 9. | "Qualification examination" means the process to assess the competence to conduct occupational duties, which is necessary for issuing qualification; |
| 10. | "Accreditation" means an act by the State to approve private qualifications the level of administration and management of which is equal or similar to that of national qualifications in accordance with the procedures provided in this Act. |
| Article 3 (Basic Direction-Setting for Management and Operation of Qualification System) |
Both national and private qualification managers shall, when managing and operating a qualification system, endeavor to consider the following matters:
| 1. | Compliance with the National Skill Standards; |
| 2. | Compliance with qualification systems; |
| 3. | Connection to education and training programs; |
| 4. | Meeting industrial needs; |
| 5. | Contribution to the attainment of lifelong learning and creation of a competence-centered society; |
| 6. | Security of compatability between qualifications and their international applicability. |
| Article 4 (Duties of State) |
| (1) | The State shall formulate the National Skill Standards and endeavor to establish and implement necessary policies to ensure that qualifications are managed and operated on the basis thereof. |
| (2) | The State shall endeavor to establish and implement policies necessary for the establishment of qualification systems. |
| (3) | The State shall set out policies to connect between education and training, qualification and industries. |
| (4) | The State shall respect the opinions of industrial sectors and guarantee their participation in the process of managing and operating qualifications. |
| (5) | The State shall provide policies required to invigorate private qualifications and to enhance their credibility. |
| (6) | The State shall establish and implement policies necessary to secure compatability between qualifications and their international applicability. |
CHAPTER II QUALIFICATION MANAGEMENT AND OPERATION SYSTEM
| Article 5 (National Skill Standards) |
| (1) | The Government shall develop and improve the National Skill Standards taking into account international standards, changes in industrial technology, etc. |
| (2) | The National Skill Standards shall contain the following matters: |
| 1. | The scope, details and level of occupational duties; |
| 2. | Knowledge, techniques and aptitude required to perform occupational duties and criteria and methods of assessment; |
| 3. | Other matters necessary for the performance of occupational duties. |
| (3) | The Government shall endeavor to have educational and training programs determined by the Government, criteria for examinations and compiling questions about national qualifications, criteria for the accreditation of private qualifications, etc. prepared in conformity with the National Skill Standards. |
| (4) | Detailed matters concerning the development, improvement and utilization of the National Skill Standards shall be determined by Presidential Decree. |
| Article 6 (Qualification Systems) |
| (1) | The Government shall establish qualification systems based on the National Skill Standards and utilize these systems. |
| (2) | Matters necessary for the establishment of qualification systems shall be determined by Presidential Decree. |
| Article 7 (Basic Plan for Management and Operation of Qualifications) |
| (1) | The Government shall establish a basic plan for the management and operation of qualifications (hereinafter referred to as "basic plan") in order to efficiently promote qualification policies through the deliberation of the Qualification Policy Deliberation Council under Article 8, and issue notice thereof to the head of a relevant central administrative organ. The same shall apply to cases where it intends to modify the basic plan. |
| (2) | A basic plan shall contain the following matters: |
| 1. | Matters concerning the development, improvement and utilization of the National Skill Standards; |
| 2. | Matters concerning the establishment of qualification systems; |
| 3. | Matters concerning the connection between education and training, qualifications and industrial sites; |
| 4. | Matters concerning ensuring compatibility between qualifications and promotion of their international applicability; |
| 5. | Matters concerning the establishment of a qualification information system, etc.; |
| 6. | Matters concerning the outcomes and assessment of the operation of qualification systems; |
| 7. | Other matters necessary for the advancement of qualification systems. |
| (3) | The Minister of Education may conduct a fact-finding survey related to qualifications policies to formulate a basic plan. <Newly Inserted by Act No. 16335, Apr. 23, 2019> |
| (4) | The Minister of Education may request the head of a relevant central administrative agency, the head of a local government, and the heads of other related agencies or organizations to submit necessary materials in order to formulate a basic plan and conduct fact-finding survey under paragraph (3), and the heads of related agencies or organizations in receipt of such request shall comply therewith, unless there is a compelling reason not to do so. <Newly Inserted by Act No. 16335, Apr. 23, 2019> |
| (5) | The head of a relevant central administrative organ shall establish and implement yearly action plans for his/her duties in accordance with its basic plan, and submit an action plan for the following year and the results of implementing the action plan for the preceding year to the Minister of Education. In such cases, the Minister of Education shall examine and evaluate the action plan of the relevant central administrative agency and the results of implementing it, and shall reflect the outcomes of such examination and evaluation in formulating the next basic plans. <Amended by Act No. 16335, Apr. 23, 2019> |
| (6) | Detailed matters concerning the establishment and promotion of basic plans and action plans, and matters necessary for a fact-finding survey conducted under paragraph (3) and the methods and details of an evaluation of implementation results under the latter part of paragraph (5), etc. shall be determined by Presidential Decree. <Amended by Act No. 16335, Apr. 23, 2019> |
| Article 8 (Establishment, etc. of Qualification Policy Deliberation Council) |
| (1) | There is hereby established a Qualification Policy Deliberation Council (hereinafter referred to as the "Council") in the Ministry of Education to deliberate on the following matters: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| 1. | Matters concerning the basic direction-setting for and adjustment of qualifications policies; |
| 2. | Matters concerning the establishment and promotion of basic plans; |
| 3. | Matters concerning the creation, modification or abolition of national qualifications under Article 11 (3); |
| 4. | Matters concerning sectors inadequate to be operated as private qualifications pursuant to Article 17 (1); |
| 5. | Matters concerning the accreditation of private qualifications; |
| 6. | Other matters concerning major policies on qualifications, which the chairperson deems necessary to refer for deliberation. |
| (2) | The Council shall be composed of not more than 20 members, including a chairperson and a vice chairperson. The Minister of Education shall serve as the chairperson; the Vice Minister of Employment and Labor as the vice chairperson; and the following persons as members, respectively: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 10093. Mar. 17, 2010; Act No. 10339. Jun. 4, 2010; Act No. 11690, Mar. 23, 2013> |
| 1. | Public officials holding a Vice Minister level position of the relevant central administrative agencies determined by Presidential Decree; |
| 2. | Persons representing the circles of education and training, industries or labor, who are appointed by the chairperson according to the recommendation of the heads of the relevant central administrative agencies. |
| (3) | The chairperson may, if he/she deems it necessary, have the heads of the relevant administrative agencies present at the Council in relation to their duties and make statements. |
| (4) | The term of office of members shall be two years and they may be reappointed: Provided, That the term of office of the chairperson, vice chairperson and persons falling under paragraph (2) 1 shall be the period during which they are in the relevant office. |
| (5) | A working-level council may be established in the Council to efficiently assist the deliberation by the Council. |
| (6) | Necessary matters concerning the organization, operation, etc. of the Council and working-level council shall be determined by Presidential Decree. |
| Article 9 (Connection of Education and Training to Qualification) |
| (1) | A national qualification manager may award a national qualification to any person who has completed an education program provided by an industrial education institution under subparagraph 2 of Article 2 of the Industrial Education and Industry-Academia-Research Cooperation Promotion Act or an occupational ability development training program under subparagraph 1 of Article 2 of the Act on the Development of Workplace Skills of Workers which is operated in conformity with the National Skill Standards and satisfies specific requirements determined by statutes stipulating the relevant national qualification (hereinafter referred to as "national qualifications-related statutes"). <Amended by Act No. 10907, Jul. 25, 2011> |
| (2) | The head of an industrial education institution under subparagraph 2 of Article 2 of the Industrial Education and Industry-Academia-Research Cooperation Promotion Act may utilize the qualifications acquired by applicants for admission as data for the selection of applicants for admission by type and level or accept them as academic credits. <Amended by Act No. 10907, Jul. 25, 2011> |
| Article 10 (Establishment, etc. of Qualification Information System) |
| (1) | The Government may establish and operate a qualification information system necessary for the operation of qualification systems such as collection, management, etc. of information on qualification acquirers and qualifications. |
| (2) | The Government may demand the submission of necessary data from any person who manages and operates qualifications for the establishment and operation of a qualification information system. |
| (3) | The Government may, if deemed necessary, entrust the affairs concerning the establishment and operation of a qualification information system to a relevant specialized institution in whole or in part under conditions prescribed by Presidential Decree. |
| (4) | Other matters necessary for the establishment and operation of a qualification information system shall be determined by Presidential Decree. |
CHAPTER III NATIONAL QUALIFICATIONS
| Article 11 (Creation of National Qualifications, etc.) |
| (1) | The head of a central administrative organ may create national qualifications for any of the following sectors in accordance with national qualifications-related statutes: |
| 1. | Sectors directly connected to the life, health and safety of people; |
| 2. | Sectors directly connected to the public interest such as national defense, public security, education and national key industries; |
| 3. | Sectors in which the operation of private qualifications is difficult due to low demand for the acquisition of qualifications; |
| 4. | Other sectors deemed necessary by the State. |
| (2) | The head of a central administrative organ shall not create any national qualification with the same name as that of a private qualification accredited under Article 19 (1) (hereinafter referred to as an "accredited qualification"). |
| (3) | The head of a central administrative organ may, when he/she deems it necessary for the creation, modification or abolition (hereinafter referred to as "creation, etc.") of a national qualification, request deliberation thereof by the Council under conditions prescribed by Presidential Decree: Provided, That in cases where different opinions exist between the relevant departments, he/she shall request deliberation thereof by the Council. |
| (4) | The Council may, if it deems necessary for the creation, etc. of a national qualification, recommend that the head of a central administrative organ related to the national qualification create, etc. such qualification. |
| (5) | The Council may, when it recommends the creation, etc. of a national qualification pursuant to paragraph (4), demand necessary data from the head of a relevant central administrative organ. |
| Article 12 (Acquisition of National Qualifications) |
| (1) | Any person who intends to acquire a national qualification shall do so under conditions determined by national qualifications-related statutes. |
| (2) | A national qualification manager shall deliver a certificate (hereinafter referred to as "certificate of national qualification") certifying the acquisition of a national qualification to a person who satisfies the requirements for the acquisition of the national qualification under conditions determined by national qualifications-related statutes. |
| (3) | The delivery of, and matters to be entered in, certificate of national qualifications and other necessary matters shall comply with national qualifications-related statutes. |
| Article 13 (Exemption from National Qualifications Examinations) |
In cases where any of the following persons intends to acquire a national qualification, the national qualification manager may exempt him/her from the relevant qualification examination in whole or in part under conditions determined by national qualifications-related statutes:
| 1. | Any person who has acquired the relevant national qualification or accredited qualification; |
| 2. | Any person who has completed an education and training program determined by the national qualification manager; |
| 3. | Any person who has acquired the relevant qualification in a foreign country; |
| 4. | Any person who has acquired the relevant qualification in an area north of the military demarcation line; |
| 5. | Other persons determined by national qualification-related statutes, who are deemed to have skills equivalent to those possessed by persons who have acquired the national qualification. |
| Article 14 (Prohibition of Use of Same Name) |
| (1) | All private qualification managers shall be prohibited from using the same names as those of national qualifications. |
| (2) | No person shall be allowed to use the same name as that of a national qualification without acquiring the national qualification. |
| Article 15 (Amendment of National Qualifications) |
A national qualification manager shall, when qualifications are inadequate to be maintained as national qualifications or qualification overlap, consolidate and amend them.
| Article 16 (Delegation and Entrustment of Management and Operation of National Qualifications) |
A national qualification manager may delegate or entrust the whole or part of his/her authority over the management, operation, etc. of national qualifications under conditions determined by national qualifications-related statutes.
CHAPTER IV PRIVATE QUALIFICATIONS
| Article 17 (Creation and Registration of Private Qualifications, etc.) |
| (1) | Any corporation, organization or individual other than the State may create, manage, and operate a private qualification in a sector other than any of the following sectors: |
| 1. | Sectors related to conduct prohibited under other statutes; |
| 2. | Sectors directly connected to the life, health and safety of people and national defense; |
| 3. | Sectors related to conduct which harms good customs or is in contravention of social order; |
| 4. | Other sectors determined by Presidential Decree as inadequate to be operated as a private qualification upon deliberation by the Council. |
| (2) | Any person who intends to create, manage, and operate a private qualification pursuant to paragraph (1) shall register the relevant private qualification with the competent Minister, as prescribed by Presidential Decree. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 11722, Apr. 5, 2013> |
| (3) | Matters necessary for the management and operation of private qualifications under paragraph (1) shall be prescribed by Presidential Decree. <Amended by Act No. 11722, Apr. 5, 2013> |
| Article 17-2 (Change of Matters to be Registered) |
Where a private qualification manager who registered private qualification in accordance with Article 17 (2) changes matters to be registered, such as the kind of qualification, prescribed by Ordinance of the Ministry of Education, he/she shall register such changes with the competent Minister as prescribed by Presidential Decree. [This Article Newly Inserted by Act No. 14397, Dec. 20, 2016]
| Article 18 (Grounds for Disqualification) |
None of the following persons shall become a private qualification manager: <Amended by Act No. 11722, Apr. 5, 2013; Act No. 14397, Dec. 20, 2016>
| 1. | A minor, person under adult guardianship, or person under limited guardianship (excluding a person under limited guardianship who is proved to have an ability to act on the management and operation of private qualification as prescribed by Ordinance of the Ministry of Education); |
| 2. | Any person who was declared bankrupt and has not yet been reinstated; |
| 3. | Any person who was sentenced to imprisonment without labor or heavier punishment for violating this Act, the National Technical Qualifications Act, or statutes related to national qualifications and for whom three years have not passed since the execution of such punishment was terminated (including the cases where such execution is considered to have been terminated) or exempted; |
| 4. | Any person who was sentenced to the suspension of execution of imprisonment without labor or heavier punishment for violating this Act, the National Technical Qualifications Act, or statutes related to national qualifications and is under the suspension of such execution; |
| 5. | Any corporation or organization of which officer falls under subparagraphs 1 through 4 (excluding cases where such officer is replaced within three months from the date on which the ground thereof occurred); |
| 6. | Any person in whose case three years have not passed since registration of his/her registered qualification was revoked pursuant to Article 18-3 (1) (excluding cases where such registration is revoked because he/she falls under any of the subparagraphs 1 through 4 of this Article). |
| Article 18-2 (Corrective Order) |
Where a person who manages and operates registered qualification (hereinafter referred to as "registered qualification manager") violates this Act in relation to the management and operation of such registered qualification, the competent Minister may issue an order requiring the manager to correct the relevant offense, as prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 11722, Apr. 5, 2013]
| Article 18-3 (Revocation of Registration or Suspension of Qualification Examinations, etc.) |
| (1) | Where a registered qualification manager falls under any of the following, the competent Minister may revoke the registration of the relevant registered qualification or suspend qualification examinations or education and training courses (hereinafter referred to as "qualification examination, etc.") for up to one year: Provided, That where the registered qualification manager falls under subparagraph 1 or 2, the competent Minister shall revoke the registration: |
| 1. | Where the registered qualification manager makes the private qualification registration in Article 17 (2) by fraud or other improper means; |
| 2. | Where the registered qualification manager falls under any of the subparagraphs of Article 18; |
| 3. | Where the registered qualification manager fails to comply with the corrective order issued by the competent Minister under Article 18-2. |
| (2) | Where a registered qualification manager intends to abolish registered qualification, he/she shall report to the competent Minister. |
| (3) | Criteria for the revocation of registration and the suspension of qualification examinations, etc. under paragraph (1) and matters necessary for the abolition, etc. of registered qualification under paragraph (2) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 11722, Apr. 5, 2013]
| Article 18-4 (Public Announcement of Revocation of Registration, etc.) |
Where any registration is revoked, qualification examination, etc. suspended, or registered qualification abolished under Article 18-3, the competent Minister shall publicly announce such fact within 20 days. [This Article Newly Inserted by Act No. 11722, Apr. 5, 2013]
| Article 18-5 (Guidance and Supervision) |
If necessary, the competent Minister may provide instructions necessary for the guidance and supervision of registered qualification-related affairs under his/her jurisdiction, by requiring the registered qualification managers to report on their business or submit data, etc.
[This Article Newly Inserted by Act No. 11722, Apr. 5, 2013]
| Article 19 (Accreditation of Private Qualifications) |
| (1) | The competent Minister may accredit private qualifications managed by corporations through the deliberation of the Council in order to ensure the credibility of such private qualifications and enhance their social applicability. |
| (2) | Any of the following private qualifications shall not be accredited as a private qualification under paragraph (1): <Amended by Act No. 11722, Apr. 5, 2013; Act No. 14397, Dec. 20, 2016> |
| 1. | Any qualification operated by a corporation for which dissolution is in progress; |
| 2. | Any qualification not registered pursuant to Article 17 (2); |
| 3. | Any qualification for which three years have not passed since its accreditation was cancelled pursuant to Article 26 (1) (excluding cases where such accreditation is cancelled because a person falls under the subparagraph 1 or 2 of Article 18). |
| (3) | Necessary matters concerning the criteria for, procedures, etc. of accreditation of private qualifications shall be prescribed by Presidential Decree. |
| Article 20 (Validity of Accredited Qualification, etc.) |
| (1) | The validity of accredited qualification shall be determined within five years and publicly announced by the competent Minister. <Amended by Act No. 11722, Apr. 5, 2013> |
| (2) | The competent Minister may extend the validity of paragraph (1) once within the limit of five years, as prescribed by Presidential Decree. In such cases, deliberation by the Council shall be omitted. |
| (3) | Any person who manages and operates an accredited qualification (hereinafter referred to as "accredited qualification manager") may obtain re-accreditation prior to the expiration of the validity determined under paragraphs (1) and (2). |
| (4) | The provisions pertaining to the accreditation of private qualifications shall apply mutatis mutandis to the re-accreditation of accredited qualifications. |
| Article 21 (Effect of Accredited Qualifications) |
| (1) | An accredited qualification acquired within the term of accreditation shall take effect as an accredited qualification regardless of the expiration of the term of accreditation: Provided, That the same shall not apply to cases where the valid period of such accredited qualification has expired. |
| (2) | A private qualification acquired before it is accredited as a private qualification under Article 19 shall not take effect as an accredited qualification: Provided, That the foregoing shall not apply to those who have passed a qualification examination conducted by an accredited qualification manager with the approval of the competent Minister, as prescribed by Presidential Decree, or those who have completed education and training courses, as prescribed by Presidential Decree. <Amended by Act No. 11722, Apr. 5, 2013> |
| Article 22 (Delivery of Certificate of Accreditation, etc.) |
| (1) | The competent Minister shall, when he/she accredits a private qualification pursuant to Article 19, extends the term of accreditation, or re-accredits it pursuant to Article 20, deliver a document certifying the accreditation of the relevant private qualification (hereinafter referred to as "certificate of accreditation") to an accredited qualification manager. |
| (2) | No private qualification manager which is not accredited under Article 19 shall be allowed to deliver a license stating that it is accredited. |
| (3) | Necessary matters concerning the delivery of, and matters to be entered in, certificates of accreditation shall be prescribed by Ordinance of the Ministry of Education. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| Article 23 (Attainment of Accredited Qualification, etc.) |
| (1) | Any person who intends to attain an accredited qualification shall pass a qualification examination held by the accredited qualification manager or complete education and training courses approved by the competent Minister as prescribed by Presidential Decree. <Amended by Act No. 11722, Apr. 5, 2013; Act No. 14397, Dec. 20, 2016> |
| (2) | An accredited qualification manager shall deliver a certificate certifying the acquisition of an accredited qualification (hereinafter referred to as "certificate of accredited qualification") to a person who has attained an accredited qualification pursuant to paragraph (1). <Amended by Act No. 11722, Apr. 5, 2013> |
| (3) | Any person who has acquired an accredited qualification shall be treated equally with those who have acquired a national qualification equivalent thereto under conditions prescribed by other statutes. |
| (4) | No person shall be allowed to use the same name as that of an accredited qualification without attaining the accredited qualification. |
| (5) | Necessary matters concerning details to be entered in a certificate of accredited qualification, etc. shall be prescribed by Ordinance of the Ministry of Education. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| Article 24 (Modification of Accredited Matters) |
| (1) | No accredited qualification manager shall be allowed to modify the name of an accredited qualification during the relevant term of accreditation. |
| (2) | In cases where any accredited qualification manager intends to modify accredited matters under Article 19 which are important matters determined by Presidential Decree, such as criteria for qualification examinations (hereinafter referred to as "examination criteria"), he/she shall obtain approval from the competent Minister. |
| Article 25 (Corrective Order) |
The competent Minister may, when an accredited qualification manager violates this Act in relation to the management and operation of accredited qualifications, order the accredited qualification manager to take corrective measures for a fixed period of time.
| Article 26 (Cancellation of Accreditation or Suspension of Qualification Examinations, etc.) |
| (1) | Where an accredited qualification manager falls under any of the following, the competent Minister may cancel the accreditation of the relevant accredited qualification or suspend qualification examinations, etc. for up to one year: Provided, That the competent Minister shall cancel his/her accreditation where the accredited qualification manager falls under subparagraphs 1 through 3: <Amended by Act No. 11722, Apr. 5, 2013> |
| 1. | Where the accredited qualification manager falls under any of the subparagraphs of Article 18; |
| 2. | Where the accredited qualification manager has obtained accreditation by fraud or other improper means; |
| 3. | Where the accredited qualification manager modifies the name of an accredited qualification in violation of Article 24 (1); |
| 4. | Where the accredited qualification manager fails to comply with the corrective order issued by the competent Minister under Article 25. |
| (2) | Where an accredited qualification manager intends to abolish an accredited qualification due to the dissolution of the relevant corporation or any other unavoidable cause, he/she shall report such intention to the competent Minister and return the relevant certificate of accreditation. <Amended by Act No. 11722, Apr. 5, 2013> |
| (3) | The competent Minister in receipt of a report under paragraph (2) may, when he/she deems it necessary to continue to maintain the relevant accredited qualification, have another accredited qualification manager or private qualification manager acquire the right to manage and operate the relevant accredited qualification. |
| (4) | Necessary matters concerning criteria for the suspension of qualification examinations, etc. and cancellation of accreditation under paragraph (1) and the abolition of accredited qualification under paragraph (2) shall be prescribed by Presidential Decree. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 11722, Apr. 5, 2013> |
| Article 27 (Duties of Accredited Qualification Manager) |
| (1) | An accredited qualification manager shall maintain the level of management and operation of the relevant accredited qualification equal or similar to that of the relevant national qualifications. <Amended by Act No. 11722, Apr. 5, 2013> |
| (2) | No accredited qualification manager to whom a certificate of accreditation has been issued shall be allowed to lend or transfer the certificate of accreditation to another person, nor borrow or acquire it. |
| (3) | No accredited qualification manager shall be allowed to manage or operate the accredited qualification in an unjust manner. |
| (4) | An accredited qualification manager shall manage and operate the accredited qualification in accordance with accredited matters. |
| Article 28 (Public Notices of Accreditation) |
Where any of the following events occurs, the competent Minister shall give the public notice thereof within 20 days: <Amended by Act No. 11722, Apr. 5, 2013>
| 1. | Accreditation of a private qualification under Article 19; |
| 2. | Validity, extension of the validity, and re-accreditation under Article 20; |
| 3. | Approval of the competent Minister for the modification of accredited matters under Article 24 (2); |
| 4. | Cancellation of accreditation, suspension of qualification examinations, etc. and abolition of an accredited qualification under Article 26; |
| 5. | Other matters which influence the interests of the persons who have acquired accredited qualifications. |
| Article 29 (Guidance and Supervision of Competent Minister) |
| (1) | The competent Minister shall guide and inspect accredited qualification managers under his/her authority once a year in order to enhance the credibility of accredited qualifications. |
| (2) | The competent Minister may, when an accredited qualification manager under his/her authority operates the accredited qualification in a manner different from the accredited matters, conduct guidance and inspection, in addition to the regular guidance and inspection under paragraph (1). |
| (3) | The competent Minister may, if deemed necessary, request an accredited qualification manager under his/her authority to submit necessary reports and data or issue other necessary orders. |
CHAPTER V SUPPLEMENTARY PROVISIONS
| Article 30 (Special Treatment of Qualification Acquirers) |
| (1) | The State and local governments may, in cases where they permit, authorize or register, or issue a license for or grant interests to a business in an area of the occupational duties of national qualifications and accredited qualifications, afford preferential treatment to those who have acquired the national qualifications or accredited qualifications in such area of occupational duties to the extent that does not contravene other statutes. |
| (2) | A business owner may, when hiring, promoting to a higher position or transferring an employee, or taking other measures for purposes of personnel management, provide preferential treatment to those who have acquired a national qualification or accredited qualification in the relevant area. |
| Article 31 (Duty of Good Faith of Qualification Acquirers) |
| (1) | Any person who has acquired a qualification shall perform duties related to such qualification in a faithful manner, and shall not degrade the dignity thereof. |
| (2) | No person shall be allowed to lend a qualification that he/she has acquired to another person or borrow another person's qualification. |
| Article 32 (Cancellation and Suspension of Acquisition of Qualifications, etc.) |
A national qualification manager may, under conditions determined by national qualifications-related statutes, take measures, such as canceling or suspending a qualification and placing restrictions on application for a national qualification examination against those who have acquired national qualifications by fraud or other improper means, those who have lent a national qualification to another person and those who have borrowed a national qualification.
| Article 33 (Obligations to Make Indications, etc.) |
| (1) | Where a person makes an advertisement in relation to his/her qualification, he/she shall indicate the following matters: <Amended by Act No. 11722, Apr. 5, 2013> |
| 1. | Type of qualification; |
| 2. | Registration or accreditation number; |
| 3. | Person who manages and operates the relevant qualification; |
| 4. | Other matters prescribed by Presidential Decree for the protection of consumers. |
| (2) | No person shall make a false or exaggerated advertisement, such as advertising an unaccredited private qualification as if it has been accredited or as if it has an effect arising from accreditation. <Amended by Act No. 11722, Apr. 5, 2013> |
| (3) | Necessary matters concerning the types of and criteria for false or exaggerated advertisements referred to in paragraph (2) shall be prescribed by Presidential Decree. <Amended by Act No. 11722, Apr. 5, 2013> |
| Article 34 (Management of Information on Qualification Acquirers) |
| (1) | For purposes of the efficient operation of qualification systems and protection of the rights and interests of qualification acquirers, national qualification managers and accredited qualification managers shall systematize and manage qualification information of those who have acquired the relevant national qualifications and accredited qualifications. |
| (2) | An accredited qualification manager shall periodically submit information which is managed pursuant to paragraph (1) to the competent Minister. |
| (3) | Any person who manages or has managed qualification information pursuant to paragraph (1) shall not be allowed to use such qualification information for unjust purposes such as divulgence of the qualification information about an individual which he/she becomes aware of in the course of performing his/her duties or provision thereof for another person's use. |
| (4) | Detailed matters such as the details, utilization, etc. of the information to be managed under paragraph (1) shall be determined by Presidential Decree. |
| Article 35 (Supplementary Education) |
National qualification managers and accredited qualification managers may, if necessary, provide supplementary education for the maintenance and development of the occupational ability of those who have acquired the relevant national qualification or accredited qualification.
Where the competent Minister intends to issue any of the following dispositions, he/she shall hold a hearing. <Amended by Act No. 11722, Apr. 5, 2013>
| 1. | Revoking the registration of registered qualification or suspending qualification examinations, etc. under Article 18-3 (1); |
| 2. | Cancelling accreditation or suspending qualification examinations, etc. under Article 26 (1). |
Any of the following persons shall pay fees under conditions determined by Presidential Decree or national qualifications-related statutes:
| 1. | Any person who intends to sit a national qualification examination; |
| 2. | Any person who intends to have a certificate of national qualification delivered or re-delivered; |
| 3. | Any person who intends to obtain accreditation or re-accreditation of a private qualification; |
| 4. | Other persons who intend to have various kinds of certificates related to qualifications issued. |
| Article 38 (Delegation and Entrustment of Authority) |
| (1) | The Minister of Education may entrust survey and research necessary for the establishment and implementation of policies under Article 4 to a relevant specialized institution, as prescribed by Presidential Decree. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| (2) | The competent Minister may delegate his/her authority over the registration of private qualifications to the head of its affiliated agency, or entrust his/her authority to the Minister of Education, the head of another administrative agency, or a related specialized institution, as prescribed by Presidential Decree. <Newly Inserted by Act No. 11722, Apr. 5, 2013> |
| (3) | The head of an affiliated agency, the Minister of Education, or the head of another administrative agency to whom the competent Minister has delegated or entrusted his/her authority pursuant to paragraph (2) may re-entrust part of his/her authority to a related specialized institution. <Newly Inserted by Act No. 11722, Apr. 5, 2013> |
| (4) | The competent Minister may delegate part of his/her authority over the accreditation of private qualifications to the head of its affiliated agency, or delegate or entrust it to the head of another administrative agency or a related specialized institution, as prescribed by Presidential Decree. <Amended by Act No. 11722, Apr. 5, 2013> |
| (5) | Where the Minister of Education or the competent Minister delegates or entrusts his/her authority pursuant to paragraphs (1) through (4), he/she may provide financial support necessary to conduct related affairs to an agency or institution to which he/she delegates or entrusts his/her authority. <Newly Inserted by Act No. 11722, Apr. 5, 2013> |
| Article 39 (Penalty Provisions) |
Any of the following persons shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won: Provided, That in cases falling under subparagraph 1, if any penalty provision exists in national qualifications-related statutes, such provision shall prevail: <Amended by Act No. 11722, Apr. 5, 2013>
| 1. | Any person who creates, manages, and operates a private qualification prohibited under Article 17 (1); |
| 1-2. | Any person who makes a private qualification registration under Article 17 (2) by fraud or other improper means; |
| 1-3. | Any person who creates, manages, and operates a private qualification without registering it, in violation of Article 17 (2); |
| 2. | Any person who, in violation of Article 22 (2), has delivered a certificate of qualification stating it is accredited; |
| 3. | Any person who has obtained accreditation by fraud or other improper means under Article 26 (1) 2; |
| 4. | Any person who, in violation of Article 33 (2), advertises that a private qualification which has not been accredited has been accredited or has any effect which would derive from accreditation; |
| 5. | Any person who has used qualification information for unjust purposes, such as divulgence of qualification information or provision thereof for another person's use in violation of Article 34 (3). |
| Article 40 (Penalty Provisions) |
Any of the following persons shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding ten million won: Provided, That in cases where any penalty provision exists in national qualifications-related statutes, such provision shall prevail:
| 1. | Any person who has used the same name as that of a national qualification in violation of Article 14; |
| 2. | Any person who has used the same name as that of an accredited qualification without attaining the accredited qualification in violation of Article 23 (4); |
| 3. | Any person who has failed to comply with the competent Minister's order for correction without justifiable grounds in violation of Article 25; |
| 4. | Any person who has lent or transferred a certificate of accreditation to another person, or has borrowed or acquired a certificate of accreditation in violation of Article 27 (2); |
| 5. | Any person who has lent his/her qualification to another person, or any person who has borrowed such qualification in violation of Article 31 (2). |
| Article 41 (Penalty Provisions) |
Any person who fails to indicate matters to be indicated in relation to his/her qualification, in violation of Article 33 (1), or makes a false or exaggerated advertisement, in violation of paragraph (2) of the aforesaid Article, shall be punished by a fine not exceeding 30 million won: Provided, That where any penalty provision exists in other statutes, such provision shall prevail. <Amended by Act No. 11722, Apr. 5, 2013>
| Article 42 (Joint Penalty Provisions) |
In cases where the representative of a corporation or an organization, or an agent, employee or other persons employed by the corporation, organization or an individual commits any violations under Article 39, 40 (excluding subparagraph 5) or 41 in conducting the business affairs of such corporation, organization or individual, not only the offender, but also the corporation, organization or individual shall be subject to a fine provided for in the relevant Articles: Provided, That the same shall not apply to cases where such corporation, organization or individual has paid due attention to or diligently supervised the relevant business in order to prevent such violation. [This Article Wholly Amended by Act No. 9190, Dec. 26, 2008]
ADDENDA
| (1) | (Enforcement Date) This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Articles 5 and 6 shall enter into force one year after the date of its promulgation. |
| (2) | (Transitional Measure Concerning Accreditation of Private Qualifications) Any person who has obtained the accreditation of a private qualification under the former provisions as at the time when this Act enters into force shall be deemed to have obtained the accreditation of the private qualification under this Act. |
| (3) | (Transitional Measure Concerning Penalty Provisions) In applying penalty provisions pertaining to the acts conducted before this Act enters into force, the former provisions shall prevail. |
| (5) | (Relation to Other Statutes) In cases where other statues cited the provisions of the former Framework Act on Qualifications as at the time when this Act is in force, if provisions corresponding thereto exist in this Act, such provisions shall be considered to have cited the corresponding provisions of this Act in lieu of the former provisions. |
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.
ADDENDUM <Act No. 9190, Dec. 26, 2008>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 10093, Mar. 17, 2010>
This Act shall enter into force three months after the date of its promulgation.
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. 10907, Jul. 25, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 and 3 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. 11722, Apr. 5, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Special Cases concerning Registration of Private Qualification)
If a person who manages and operates a private qualification has failed to register a private qualification, as at the time this Act enters into force, he/she shall register the relevant private qualification with the competent Minister within three months from the enforcement date of this Act pursuant to the amended provisions of Article 17 (2). Article 3 (Transitional Measures concerning Registration of Private Qualification)
A person who has registered a private qualification with a related specialized institution or organization designated by the Minister of Education pursuant to the former provisions shall be deemed to have registered such private qualification with the competent Minister pursuant to the amended provisions of Article 17 (2).
ADDENDA <Act No. 14397, Dec. 20, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Incompetent Persons, etc.)
A person under adult guardianship or a person under limited guardianship prescribed in the amended provisions of subparagraph 1 of Article 18 shall be deemed to include persons for whom the declaration of incompetency or quasi-incompetency remains effective pursuant to Article 2 of the Addenda to the Civil Act (Act No. 10429).
ADDENDUM <Act No. 16335, Apr. 23, 2019>
This Act shall enter into force six months after the date of its promulgation.