ACT ON ENCOURAGEMENT OF SKILLED CRAFTS
Wholly Amended by Act No. 10338, May 31, 2010
Amended by Act No. 10339, jun. 4, 2010
Act No. 13046, Jan. 20, 2015
Act No. 13907, Jan. 27, 2016
Act No. 17188, Mar. 31, 2020
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to improve economic and social status of skilled craftsmen and to strengthen the industrial competitiveness by encouraging the people to acquire skilled crafts necessary for industries, promoting the improvement in skilled crafts and enhancing social recognition on skilled craftsmen.
The definitions of terms used in this Act are as follows:
| 1. | The term "skilled craft" means any craft required to conduct business well in industrial fields, which is acquired through the continuous experience in and learning of the relevant business; |
| 2. | The term "Master Craftsmen of Korea" means craftsmen who have the highest level of skilled crafts in industrial fields and who are designated as such under this Act among those who have greatly contributed to the development of skilled crafts and the improvement of status of skilled craftsmen by engaging themselves in industrial fields for a long time; |
| 3. | The term "skills competitions" means domestic skills competitions and the WorldSkills International Competition. |
| Article 3 (Responsibility of the State and Local Governments) |
| (1) | The State shall formulate and execute policies on the encouragement of skilled crafts, such as encouragement to acquire skilled crafts and the promotion of the improvement in skilled crafts. |
| (2) | Every local government shall endeavor to formulate and execute policies on the encouragement of skilled crafts in consideration of industrial characteristics of the relevant region. |
| Article 4 (Duties of Business Owners and Skilled Craftsmen) |
| (1) | A business owner shall support workers in acquiring and improving skilled crafts and give proper treatment according to the level of skilled craft in personnel and pay administration, etc. |
| (2) | Craftsmen who have skilled crafts (hereinafter referred to as "skilled craftsmen") shall endeavor to improve their level of skilled crafts and to contribute to the development of the relevant industrial sector. |
| (3) | Skilled craftsmen who are designated as Master Craftsmen of Korea pursuant to Article 11 shall endeavor to ensure that such skilled crafts are actively utilized in the industrial field, etc. by devotedly engaging in teaching skilled crafts possessed by them. <Newly Inserted on Mar. 31, 2020> |
| Article 5 (Formulation and Execution of Master Plans for Encouragement of Skilled Crafts) |
| (1) | The Minister of Employment and Labor shall formulate and execute a master plan for the encouragement of skilled crafts (hereinafter referred to as "master plan for the encouragement of skilled crafts") every five years in consultation with the head of the relevant central administrative agency and following deliberation by the Employment Policy Council pursuant to Article 10 (1) of the Framework Act on Employment Policy. <Amended on Jan. 27, 2016> |
| (2) | Matters referred to in the following subparagraphs shall be included in a master plan for the encouragement of skilled crafts: <Amended on Jan. 27, 2016> |
| 1. | Basic direction-setting for policies on the encouragement of skilled crafts; |
| 2. | Matters concerning the designation and support for Master Craftsmen of Korea, etc.; |
| 3. | Matters concerning support for the improvement in skilled crafts of companies; |
| 4. | Matters concerning support to non-governmental organizations for the promotion of technical exchange of skilled craftsmen; |
| 5. | Matters concerning the improvement of social recognition on skilled crafts and skilled craftsmen; |
| 6. | Matters concerning vitalization of skills competitions, such as holding of domestic skills competitions and hosting of or participation in the WorldSkills International Competition; |
| 7. | Matters concerning securing of financial resources necessary for the encouragement of skilled crafts; |
| 8. | Matters concerning survey, research and international cooperation on skilled crafts; |
| 9. | Matters concerning the establishment and operation of an information management system on the encouragement of skilled crafts; |
| 10. | Other matters deemed necessary by the Minister of Employment and Labor for the encouragement of skilled crafts. |
| (3) | Where necessary for the formulation and execution of a master plan for the encouragement of skilled crafts, the Minister of Employment and Labor may request the relevant central administrative agencies, local governments and other public organizations to cooperate with him/her. <Amended on Jan. 27, 2016> |
| Article 6 (Financial Resources of Projects for Encouragement of Skilled Crafts) |
| (1) | The State or a local government may support projects under this Act with a national budget, the budget of a local government or the Employment Insurance Fund under the Employment Insurance Act. |
| (2) | The reserve fund for the encouragement of skilled crafts accounts of which are handled separately from other accounts of the Human Resources Development Service of Korea may be established in the Human Resources Development Service of Korea under the Human Resources Development Service of Korea Act in order to appropriate such reserve fund for expenses of projects under this Act and projects for the promotion of the morale of skilled craftsmen. |
| (3) | Matters necessary for raising and operation of the reserve fund for the encouragement of skilled crafts pursuant to paragraph (2) shall be prescribed by Presidential Decree. |
| Article 7 (Survey and Research) |
The Minister of Employment and Labor may conduct a survey and research required for the encouragement of skilled crafts and the improvement of the status of skilled craftsmen. <Amended on Jan. 27, 2016>
| Article 8 (Establishment and Operation of Information Management System on Skilled Craftsmen) |
| (1) | The Minister of Employment and Labor may establish and operate an information management system necessary for managing the following information in order to encourage skilled crafts: |
| 1. | Information on policies for encouraging skilled crafts formulated pursuant to Article 3; |
| 2. | Information on skilled craftsmen, managed by the head of a central administrative agency; |
| 3. | Other information deemed necessary by the Minister of Employment and Labor for encouraging skilled crafts. |
| (2) | The Minister of Employment and Labor may request the head of a central administrative agency to submit data on skilled craftsmen managed by such agency to establish and operate an information management system under paragraph (1). In such cases, the head of a central administrative agency in receipt of such request shall cooperate therewith, except in extenuating circumstances. |
[This Article Wholly Amended on Mar. 31, 2020]
| Article 9 (International Cooperation) |
The Minister of Employment and Labor may conduct business for exchange and cooperation with international organizations and foreign governments or foreign organizations for the promotion of skilled crafts. <Amended on Jan. 27, 2016>
CHAPTER II SUPPORT FOR ENCOURAGEMENT OF SKILLED CRAFTS
| Article 10 (Selection and Preferential Treatment of Outstanding Skilled Craftsmen) |
| (1) | The Minister of Employment and Labor may select outstanding skilled craftsmen prescribed by Presidential Decree and treat them preferentially, such as paying a lump sum grant only once. <Amended on Jan. 27, 2016> |
| (2) | Matters concerning the requirements for the selection of outstanding skilled craftsmen, screening procedures for the selection and details of preferential treatment or such, pursuant to paragraph (1), shall be prescribed by Presidential Decree. |
| Article 11 (Designation and Preferential Treatment of Master Craftsmen of Korea) |
| (1) | The Government may designate those who meet all the requirements referred to in the following subparagraphs as Master Craftsmen of Korea. In such cases, he/she may give preferential treatment, such as paying a lump sum grant only once, to those who have been designated as Master Craftsmen of Korea: <Amended on Jan. 27, 2016> |
| 1. | Those who have pursued types of occupation prescribed by Presidential Decree for not less than 15 years; |
| 2. | Those who are deemed to have the highest level of skilled crafts in types of business pursuant to subparagraph 1; |
| 3. | Those who are deemed to have contributed greatly to the development of skilled crafts and the improvement of the status of skilled craftsmen. |
| (2) | Those who have been designated as Master Craftsmen of Korea pursuant to paragraph (1) shall endeavor to contribute to the development of the relevant industry with skilled crafts and to be a good example to others, and shall maintain their dignity as Master Craftsmen of Korea. |
| (3) | Any person who is not a Master Craftsman of Korea shall not use the title of Master Craftsman of Korea or a title similar thereto. |
| (4) | Where a Master Craftsman of Korea participates in support for companies pursuant to Article 16 (1) or in activities improving social status pursuant to Article 18, the Minister of Employment and Labor may provide support necessary for such activities to him/her. <Amended on Jan. 27, 2016> |
| (5) | Matters concerning the requirements for the designation of Mater Craftsmen of Korea, screening procedures for such designation, details of preferential treatment and details of maintaining his/her dignity or such, pursuant to paragraphs (1) and (2), shall be prescribed by Presidential Decree. |
| Article 12 (Cancellation of Designation of Master Craftsmen of Korea) |
| (1) | Where a person designated as a Master Craftsman of Korea falls under subparagraph 1, the Government shall revoke his/her qualification; and where he/she falls under subparagraph 2, it may revoke his/her qualification or suspend the payment of a grant for the continuous pursuit under Article 14 for a period not exceeding three years: <Amended on Jan. 27, 2016; Mar. 31, 2020> |
| 1. | Where he/she has been designated as a Master Craftsman of Korea by fraud or other improper means; |
| 2. | Where any person who has been designated as a Master Craftsman of Korea fails to perform his/her duty to maintain his/her dignity pursuant to Article 11 (2). |
| (2) | If the Government intends to cancel the designation of Master Craftsman of Korea pursuant to paragraph (1), it shall hold a hearing. |
| (3) | Matters necessary for the standards, procedures, etc. for the cancellation and suspension of the payment of a grant for the continuous pursuit under paragraph (1) shall be prescribed by Presidential Decree. <Newly Inserted on Mar. 31, 2020> |
[Title Amended on Mar. 31, 2020]
| Article 13 (Designation of and Support for Skilled Craft Masters) |
| (1) | The Minister of Employment and Labor may designate as a skilled craft master any person who is a skilled craftsman engaged in the field prescribed by Presidential Decree for not less than 15 years and intends to pass down a skilled craft. <Amended on Jan. 27, 2016> |
| (2) | Any person who has been designated as a skilled craft master pursuant to paragraph (1) shall recommend persons to be skilled craft apprentices as prescribed by Presidential Decree to the Minister of Employment and Labor, and such Minister may designate suitable persons among the persons recommended as skilled craft apprentices. <Amended on Jan. 27, 2016> |
| (3) | The Minister of Employment and Labor may give subsidy to skilled craft masters and skilled craft apprentices every month for a period prescribed by Presidential Decree: Provided, That this shall not apply where a person receives a grant for the continuous pursuit pursuant to Article 14 or a subsidy pursuant to other Acts and subordinate statues. <Amended on Jan. 27, 2016> |
| (4) | Where a skilled craft master or a skilled craft apprentice receiving a subsidy pursuant to paragraph (3) is deemed unable to continue to conduct the relevant business owing to a change of occupation to another field, the suspension of the apprenticeship, or any other reason, such subsidy for apprenticeship may be suspended as prescribed by Presidential Decree. |
| Article 13-2 (Selection of, and Support for, Best Skilled Korean of the Month) |
| (1) | In order to improve social recognition on skilled crafts by discovering and publicizing successful cases of skilled craftsmen, the Minister of Employment and Labor may select a best skilled Korean of the Month from among those who have worked in the industrial field for at least the period prescribed by Presidential, on a monthly basis, and may support such person, as prescribed by Presidential Decree. |
| (2) | Matters necessary for the screening procedures for selecting a best skilled Korean of the Month and the details of support under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Mar. 31, 2020]
| Article 14 (Support for Continuous Pursuit by Master Craftsmen of Korea) |
| (1) | The Minister of Employment and Labor may pay a grant for the continuous pursuit to persons prescribed by Presidential Decree, among those who have been designated as Master Craftsmen of Korea or who have won a prize at the WorldSkills International Competition pursuant to Article 21, while pursuing such occupation for the promotion of the improvement in skilled crafts through the continuous pursuit of the relevant occupation. <Amended on Jan. 27, 2016> |
| (2) | Matters necessary for payment of grants for the continuous pursuits pursuant to paragraph (1) shall be prescribed by Presidential Decree. |
| Article 15 (Support to Inauguration of Enterprise and Employment) |
The Minister of Employment and Labor may provide necessary support, such as provision of information and counseling on the inauguration of an enterprise, counseling on employment, and job placement, to promote the inauguration of an enterprise or employment of outstanding skilled craftsmen selected pursuant to Article 10 (1), Master Craftsmen of Korea designated pursuant to Article 11 (1), and prize winners of skills competitions in the relevant field. <Amended on Jan. 27, 2016>
| Article 16 (Support of Activities for Improvement in Skilled Crafts of Companies) |
| (1) | The Minister of Employment and Labor may provide necessary support, such as counseling and guidance, to activities referred to in the following subparagraphs executed by companies to improve skilled crafts: <Amended on Jan. 27, 2016> |
| 1. | Rearrangement of a wage system and redesign of duties; |
| 2. | Improvement of a personnel affairs system; |
| 3. | Establishment of a learning organization; |
| 4. | Other activities for improvement of skilled crafts, such as the improvement of a proposal system, the promotion of field inventions or such. |
| (2) | The Minister of Employment and Labor may select companies which become good examples of the encouragement of skilled crafts and may grant prizes to them, as prescribed by Presidential Decree, to spread a culture that respect skilled crafts in industrial fields. <Amended on Jan. 27, 2016> |
| Article 16-2 (Evaluation of Activities for Encouraging Skilled Crafts and Support Therefor) |
| (1) | In order to effectively implement policies on encouraging skilled crafts, the Minister of Employment and Labor may evaluate the activities of skilled craftsmen prescribed by Presidential Decree, which have contributed to the improvement of quality of skilled crafts and industrial development. |
| (2) | The Minister of Employment and Labor may provide necessary support to skilled craftsmen who have received excellent evaluation under paragraph (1), such as giving priority to them in participation in projects to encourage skilled crafts conducted under this Act. |
| (3) | Matters necessary for the methods, procedures, etc. for the evaluation under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Mar. 31, 2020]
| Article 17 (Support to Non-Governmental Organizations of Skilled Craftsmen) |
| (1) | The Minister of Employment and Labor shall endeavor to promote the establishment of an organization (hereinafter referred to as "non-governmental organization of skilled craftsmen") voluntarily organized by skilled craftsmen. <Amended on Jan. 27, 2016> |
| (2) | Where a non-governmental organization of skilled craftsmen carries out a survey, conducts research, holds exhibitions, conducts international cooperation, etc. to encourage skilled crafts, the Minister of Employment and Labor may subsidize whole or some of the expenses incurred in such activities. <Amended on Jan. 27, 2016> |
| Article 18 (Improvement of Social Recognition on Skilled Crafts) |
The Minister of Employment and Labor may conduct necessary activities, such as discovery and publicity of examples of success of skilled craftsmen, execution of experience programs for students or such, in order to improve social recognition on the importance of skilled crafts. <Amended on Jan. 27, 2016>
| Article 19 (Restrictions on Support owing to Unfair Practices) |
| (1) | The Minister of Employment and Labor shall not pay any person who has received or intends to receive a lump sum grant, a subsidy for apprenticeship, a grant for the continuous pursuit, or a subsidy pursuant to Articles 10, 13, 14, and 17 (hereinafter referred to as “subsidy, etc.”) by fraud or other improper means, such subsidy, etc., which he/she has not been paid yet or intends to be received; shall restrict giving him/her such support within a specified period, up to five years; and shall order him/her to repay the amount supported by fraud or other improper means. <Amended on Jan. 20, 2015> |
| (2) | Specifying a period of restriction on support, issuing an order to return, and other relevant matters under paragraph (1) shall be prescribed by Presidential Decree. <Newly Inserted on Jan. 20, 2015> |
CHAPTER III HOLDING OF SKILLS COMPETITIONS
| Article 20 (Domestic Skills Competitions) |
| (1) | The Minister of Employment and Labor, a Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, or the Governor of a Special Self-Governing Province (hereinafter referred to as "Mayor/Do Governor") may hold domestic skills competitions to stimulate the morale of skilled craftsmen, promote their mutual understanding and improve the level of skilled crafts. <Amended on Jan. 27, 2016> |
| (2) | Domestic skills competitions pursuant to paragraph (1) shall be divided into the National Skills Competition held by the Minister of Employment and Labor and local skills competitions held by Mayors/Do Governors. <Amended on Jan. 27, 2016> |
| (3) | The Minister of Employment and Labor may subsidize some of the expenses incurred in holding of local skills competitions. <Amended on Jan. 27, 2016> |
| (4) | Qualifications for participation in domestic skills competitions and other matters necessary for holding of such competitions shall be prescribed by Presidential Decree. |
| Article 21 (WorldSkills International Competition) |
| (1) | The Minister of Employment and Labor may hold the WorldSkills International Competition in the Republic of Korea or send a team to the WorldSkills International Competition in order to improve the level of skilled crafts and promote understanding with participating countries through international exchange of skilled craftsmen. <Amended on Jan. 27, 2016> |
| (2) | In principle, members of the national team who are to participate in the WorldSkills International Competition shall be selected among prize winners of the National Skills Competition. |
| (3) | Standards for selecting members who are to participate in the WorldSkills International Competition and other matters necessary for the participation shall be prescribed by Ordinance of the Ministry of Employment and Labor. <Amended on Jan. 27, 2016> |
| (4) | Deleted. <Jan. 27, 2016> |
| (5) | Where necessary for the preparation and operation of the WorldSkills International Competition held in the Republic of Korea, the Minister of Employment and Labor may request the relevant central administrative agencies, local governments and other public organizations to give administrative and financial support. <Amended on Jan. 27, 2016> |
| Article 22 (Prizes and Prize Money) |
| (1) | The State and local governments may award decorations, medals, official commendations, or prizes to prize winners in skills competitions. |
| (2) | Matters necessary for awarding decorations, medals, official commendations, and prizes pursuant to paragraph (1) shall be prescribed by Presidential Decree. |
| Article 23 (Support to Non-Governmental Skills Competitions) |
Where non-governmental skills competitions (referring to competitions held by companies, non-governmental organizations of skilled craftsmen or such, to stimulate the morale of skilled craftsmen, promote their mutual understanding and improve the level of skilled crafts; hereinafter the same shall apply) are held, the Minister of Employment and Labor may subsidize part of the expenses incurred in holding such competitions, as prescribed by Presidential Decree. <Amended on Jan. 27, 2016>
| Article 24 (Punishment on Persons Who Conduct Unfair Practices) |
| (1) | The Minister of Employment and Labor or the Mayor/Do Governor shall cancel the awarding of a prize of any person who has won a prize by unfair practice in a domestic skills competition he/she participated pursuant to Article 20, and suspend his/her qualifications to participate in any domestic skills competition for three years from the date of cancellation. <Amended on Jan. 27, 2016> |
| (2) | When any person whose awarding of a prize has been canceled pursuant to paragraph (1) already received a prize or a grant for the continuous pursuit, he/she shall refund such amount received, as prescribed by Presidential Decree. |
| (3) | The Minister of Employment and Labor may restrict giving support to any person who has been supported or intends to receive subsidy for expenses incurred in holding of a non-governmental skills competition pursuant to Article 23 by fraud or other improper means or order him/her to repay the amount supported by fraud or other improper means, as prescribed by Presidential Decree. <Amended on Jan. 27, 2016> |
CHAPTER IV SUPPLEMENTARY PROVISIONS AND PENALTY PROVISIONS
| Article 25 (Delegation and Entrustment) |
| (1) | Any authority of the Minister of Employment and Labor vested in him/her under this Act may be partially delegated to the Mayor/Do Governor, as prescribed by Presidential Decree. <Amended on Jan. 27, 2016> |
| (2) | The duties of the Minister of Employment and Labor under this Act may be partially entrusted to the president of the Human Resources Development Service of Korea and the head of a non-governmental organization prescribed by Presidential Decree. <Amended on Jan. 27, 2016> |
| Article 26 (Administrative Fines) |
| (1) | Any person who uses the title of Master Craftsman of Korea or a title similar thereto, in violation of Article 11 (3), shall be subject to an administrative fine not exceeding three million won. |
| (2) | An administrative fine under paragraph (1) shall be imposed and collected by the Minister of Employment and Labor as prescribed by Presidential Decree. <Amended on Jan. 27, 2016> |
ADDENDA <Act No. 10338, May 31, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2011.
Article 2 (Transitional Measures concerning Master Craftsmen)
Any person who has been designated as a Master Craftsman pursuant to the previous Article 8 as at the time this Act enters into force shall be deemed a person who has been designated as a Master Craftsman of Korea pursuant to the amended provisions of Article 11. Article 3 (Transitional Measures concerning Initiator of Technical Skills)
Persons who have been selected as initiators of technical skills and initiates of technical skills pursuant to the previous Article 9 as at the time this Act enters into force shall be deemed designated as skilled craft masters and skilled craft apprentices pursuant to the amended provisions of Article 13. Article 4 (Transitional Measures concerning Reserve Fund for Encouragement of Technical Skills)
The reserve fund for the encouragement of technical skills pursuant to the previous Article 16 as at the time this Act enters into force shall be deemed the reserve fund for the encouragement of skilled crafts pursuant to the amended provisions of Article 6 (2). Article 5 Omitted.
Article 6 (Relation with Other Statutes)
ADDENDUM <Act No. 13046, Jan. 20, 2015>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 13907, Jan. 27, 2016>
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 11, 12, and 21 shall enter into force six months after the date of their promulgation.
ADDENDA <Act No. 17188, Mar. 31, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation: Provided, That the amended provisions of Articles 4 (3) and 8 shall enter into force on the date of the promulgation. Article 2 (Transitional Measures concerning Cancellation of Designation of Master Craftsmen of Korea)
Notwithstanding the amended provisions of Article 12 (1), the previous provisions shall apply to administrative dispositions for violations committed before this Act enters into force.