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ACT ON WORK-STUDY COMBINATION AT INDUSTRIAL SITES

Act No. 16559, Aug. 27, 2019

Amended by Act No. 17091, Mar. 24, 2020

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Act is to provide for the details and methods of a work-study combination provided by a business owner as a vocational education and training program, and matters concerning the protection of working conditions of employees who participate in the work-study combination and to facilitate their employment and improve their social and economic status by connecting the work-study combination with the relevant certifications, and thereby contribute to the development of national economy.
 Article 2 (Fundamental Concept)
(1) A work-study combination shall be systematically implemented by actively responding to industrial demand in accordance with the aptitudes and abilities of participating employees:
(2) A work-study combination shall be provided in a manner that participating employees can acquire workplace competencies including knowledge, skills, and attitudes required to perform their job duties;
(3) In conducting a work-study combination, priority shall be given to on-site apprenticeship training programs; and close coordination of the job duties currently performed or to be performed by participating employees, on-site apprenticeship training programs, and training programs outside the workplace shall be established;
(4) A work-study combination shall be connected with the corresponding certifications to ensure the workplace competencies acquired by participating employees to properly function in society and shall thereby contribute to laying the foundation for a competency-based society.
 Article 3 (Definitions)
The terms used in this Act are defined as follows:
1. The term “work-study combination” means a program of vocational education and training that an employer provides all of the following education and training programs to an employee hired to perform his or her job duties, and the employee obtains certificates based on his or her performance evaluation of such education and training programs:
(a) An education and training program that a person with specialized skills and knowledge in the workplace transmits the knowledge, skills, and attitudes required to perform the job duties of the employee by using the production facilities and equipment of the relevant company (hereinafter referred to as “on-site apprenticeship training program”);
(b) An education and training program provided by a workplace competency development facility or an educational training center separate from the workplace or production facility of the relevant company (hereinafter referred to as “training program outside the workplace”);
2. The term “participating company” means a company as designated under Article 13, which provides a work-study combination in accordance with a work-study program under Article 15 (1);
3. The term “participating employee” means an employee defined in Article 2 (1) 1 of the Labor Standards Act, who is provided with a work-study combination by the owner of a participating company;
4. The term “work-study agreement” means an agreement entered into between a participating employee and a participating company for the purpose of receiving education and training according to a work-study program under Article 15 (1) while providing work on the part of the participating employee, and opening and providing education and training programs while providing paid employment to the participating employee on the part of the owner of the participating company;
5. The term “corporate on-site trainer” means a vocational skills development teacher under Article 33 of the Act on the Development of Vocational Skills of Workers or a person having expert knowledge and skills in the relevant field, designated by the owner of a participating company to transmit the knowledge, skills, and attitudes required to perform the job duties to a participating employee of the participating company in accordance with Article 19;
6. The term “work-study combination certification” means any certification in the field of technology, skills or services obtained from a work-study combination.
 Article 4 (Responsibilities of the State)
(1) The State and local governments shall promote work-study combinations and develop measures necessary to achieve the goals of work-study combinations.
(2) The State shall evaluate the workplace competencies acquired by participating employees from a work-study combination and grant certificates according to the results thereof, so that holders of such certificates can receive the same treatment as those with the same or similar qualifications in the relevant industry.
(3) A business owner, a business owners’ organization, and a consultative body on human resources development for each industry established under Article 12 (2) of the Industrial Development Act (hereinafter referred to as “consultative body on human resources development”) shall develop employees with knowledge, skills and attitudes at industrial sites by providing high-quality education and training to participating employees through efficient operation of a work-study combination, and actively cooperate in securing employment for participating employees and protecting conditions for studying while working.
 Article 5 (Relationship to Other Statutes)
(1) Except as provided in this Act, the provisions of the Labor Standards Act shall apply to the working conditions of participating employees.
(2) Except as provided in this Act, the provisions of the Act on the Development of Vocational Skills of Workers and the Vocational Education and Training Promotion Act shall apply to the education and training of participating employees.
(3) If a person enrolled in an industrial educational institution defined in subparagraph 2 (a) of Article 2 of the Industrial Education Enhancement and Industry-Academia-Research Cooperation Promotion Act participates in a work-study combination offered as a curriculum of the industrial educational institution, the Vocational Education and Training Promotion Act shall apply with regard to matters concerning the guarantee of his or her right to learn.
CHAPTER II PROMOTION SYSTEM FOR WORK-STUDY COMBINATION
 Article 6 (Formulation of Promotion Plans for Work-Study Combination)
(1) The Minister of Employment and Labor shall, every three years, formulate a plan for promotion of work-study combination (hereinafter referred to as “promotion plan”).
(2) A promotion plan shall include the following information:
1. Basic policy directions for work-study combination;
2. Matters concerning employment security and treatment of participating employees;
3. Matters concerning the reinforcement and support of the roles of labor organizations, business owners' organizations, or consultative bodies on human resources development in the promotion of work-study combination;
4. Matters concerning the connection between work-study combination certifications and national technical qualifications defined in Article 2 of the National Technical Qualifications Act;
5. Other matters deemed necessary by the Minister of Employment and Labor for the expansion and support of work-study combination.
(3) The Minister of Employment and Labor shall, every three years, investigate the actual condition of work-study combination for the purpose of the efficient formulation and implementation of a promotion plan, and reflect the results of the investigation in the promotion plan.
(4) Other matters necessary for the formulation of a promotion plan, and the scope and method of the investigation of the actual condition under paragraph (3), shall be prescribed by Presidential Decree.
 Article 7 (Deliberations regarding Important Matters on Work-Study Combination)
The following matters regarding work-study combination shall be submitted for deliberation to the Employment Policy Deliberative Council established under Article 10 of the Framework Act on Employment Policy (hereafter in this Article referred to as the “Employment Policy Deliberation Council”):
1. Matters concerning the formulation of a promotion plan;
2. Matters concerning the types of occupation for work-study combination and the education and training standards under Article 11;
3. Matters concerning policies to support participating companies and vocational education and training institutions that perform functions relating to work-study combination;
4. Matters concerning the evaluation and certification of participating employees;
5. Other matters deemed necessary by the Chairperson of the Employment Policy Deliberative Council for the proliferation and efficient operation of work-study combination.
 Article 8 (Regional Cooperation for Work-Study Combination)
(1) The Minister of Employment and Labor shall work in close consultation with the heads of local governments, the heads of regional education and training institutions, and the heads of regional industrial organizations to promote and achieve the purpose of work-study combination at the regional level.
(2) Matters necessary to promote and achieve the purpose of work-study combination at the regional level shall be prescribed by Presidential Decree.
 Article 9 (Establishment of Data Links between Participating Companies and Job Applicants)
(1) The Minister of Employment and Labor shall establish a system that effectively links participating companies and young job applicants, etc. by providing information on participating companies to young job applicants, etc. and arranging them to obtain employment as participating employees.
(2) The Minister of Employment and Labor shall build and operate a data link for collecting, managing, and providing data pertaining to work-study combinations and efficiently linking participating companies and job applicants.
(3) The Minister of Employment and Labor may request that the heads of relevant central administrative agencies, the heads of local governments, the heads of public organizations, and the owners of participating companies submit data, etc. pertaining to the contents of work-study combinations, status of the participating employees, etc. for the building and operation of the work-study combination data link under paragraph (2). In such cases, the heads of agencies or organizations and the business owners of participating companies that receive such a request shall comply with it in the absence of a good cause to the contrary.
 Article 10 (Investigations and Research on Types of Occupation for Work-Study Combination and Education and Training Standards)
(1) The Minister of Employment and Labor shall conduct regular investigations and research on the appropriateness of the types of occupation for work-study combination and the education and training standards for the industrial sites, the working conditions of participating employees, etc. taking into account workforce supply and demand data, and shall reflect the results thereof in the promotion plan.
(2) The Minister of Employment and Labor may entrust part of the investigations and research under paragraph (1) to a relevant specialized institution or organization as prescribed by Presidential Decree.
CHAPTER III IMPLEMENTATION OF WORK-STUDY COMBINATION AND EDUCATION AND TRAINING
 Article 11 (Types of Occupation for Work-Study Combination and Education and Training Standards)
(1) The Minister of Employment and Labor shall develop the types of occupation suited for implementing work-study combination and the education and training standards for each type of occupation in view of the following fields. In such cases, the Minister may seek opinions from consultative bodies on human resources development, labor organizations, and business owners’ organizations, if necessary:
1. Fields for which the National Skill Standards have been developed in accordance with Article 5 of the Framework Act on Qualifications;
2. Fields with a demand for human resources development through work-study combination at industrial sites;
3. Fields requiring national human resources development and job performance improvement to maintain and develop national key industries and strategic industries and foster new industries under Article 4 (2) 3 of the Industrial Development Act;
4. Other fields acknowledged by the Minister of Employment and Labor as appropriate to operate a national or industry-based certification system through work-study combination.
(2) The education and training standards under paragraph (1) shall include the following:
1. Contents and period of the work-study combination;
2. Goals of on-site apprenticeship training programs and training programs outside the workplace;
3. Linkage between the types of occupation and certifications for persons who have completed the work-study combination, and the requirements for granting certificates;
4. Other matters determined by the Minister of Employment and Labor to achieve the goals of educational and training for the work-study combination.
(3) The education and training standards under paragraph (1) shall be operated in connection with the following standards:
1. Training standards for vocational skills development training under Article 38 of the Act on the Development of Vocational Skills of Workers;
2. Standards for national technical qualifications that can be obtained when completing education and training courses and meeting the passing standards under Article 10 of the National Technical Qualifications Act.
(4) The Minister of Employment and Labor may entrust part of the functions relating to the development of the types of occupation for work-study combination and the education and training standards under paragraph (1) to a consultative body on human resources development, an employers' organization or a labor organization, as prescribed by Presidential Decree.
 Article 12 (Pilot Projects)
(1) The Minister of Employment and Labor may implement a pilot project if necessary to develop and supplement the types of occupation for work-study combination and the education and training standards under Article 11 (1). In this regard, Article 11 (2) and (3) may not apply.
(2) Necessary matters regarding the method and procedure of a pilot project under paragraph (1) shall be prescribed by Ordinance of the Ministry of Employment and Labor.
 Article 13 (Designation of Participating Companies)
(1) The Minister of Employment and Labor may designate participating companies for the operation of work-study combinations.
(2) A person who intends to be designated as a participating company under paragraph (1) shall apply to the Minister of Employment and Labor after fulfilling all of the following requirements:
1. It shall have adopted management standards prescribed by Presidential Decree for stable implementation of a work-study combination for the relevant type of occupation;
2. It shall have workforce, facilities and equipment that allow concurrent implementation of on-site apprenticeship training programs and training programs outside the workplace.
(3) Necessary matters regarding the standards, method, procedure, etc. for designation of participating companies under paragraphs (1) and (2) shall be prescribed by Presidential Decree.
 Article 14 (Revocation of Designation of Participating Companies)
(1) If a participating company falls under any of the following cases, the Minister of Employment and Labor may issue a correction order or an order revoking its designation or suspending operation of the work-study combination for a period not to exceed two years: Provided, That in the case of subparagraph 1, the Minister shall revoke its designation:
1. If it obtains the designation of a participating company by fraud or other improper means;
2. If it fails to meet the requirements of Article 13 (2);
3. If the Minister of Employment and Labor determines and publicly notifies that the continued operation of the work-study combination is not appropriate due to the occurrence of delinquent wages or industrial accidents.
(2) In the event that the designation of a participating company is revoked or the operation of a work-study combination is suspended, the Minister of Employment and Labor shall cooperate with consultative bodies on human resources development, joint training centers for work-study combination under Article 16 (1), etc. to ensure the continued operation of work-study programs under Article 15 (1) for the relevant participating employees.
(3) The detailed standards for administrative sanctions under paragraph (1) shall be prescribed by Ordinance of the Ministry of Employment and Labor, in consideration of the types and severity of violations.
 Article 15 (Development and Accreditation of Work-Study Programs)
(1) In order to conduct a work-study combination, the owner of a participating company shall develop an education and training program suited for implementing the work-study combination for the company (hereinafter referred to as “work-study program”) in accordance with the types of occupation for work-study combination and the education and training standards under Article 11.
(2) The owner of a participating company that has developed a work-study program under paragraph (1) shall obtain accreditation by the Minister of Employment and Labor that the relevant work-study program meets the education and training standards under Article 11.
(3) If an owner that has obtained accreditation of its work-study program under paragraph (2) falls under any of the following cases, the Minister of Employment and Labor may issue a correction order for such work-study program, or an order revoking such accreditation or suspending operation of the work-study program for a period not to exceed one year: Provided, That in the case of subparagraph 1, the Minister shall revoke its accreditation:
1. If it has obtained accreditation of its work-study program by fraud or other improper means;
2. If it has received or intends to receive support under Article 34 (1) by fraud or other improper means in the course of operating its work-study program;
3. If it operates the work-study combination in violation of the contents accredited under paragraph (2);
4. If it fails to comply with the request for data submission under Article 36 (1) or submits false data;
5. If it allows fraudulent completion of its work-study program, which includes evaluation of the participating employees by fraud or other improper means.
(4) Matters necessary for the application, method, and procedure for accreditation for a work-study program shall be determined and publicly notified by the Minister of Employment and Labor.
(5) The detailed standards for administrative sanctions under paragraph (3) shall be prescribed by Ordinance of the Ministry of Employment and Labor, in consideration of the types and severity of violations.
 Article 16 (Designation of Joint Training Centers for Work-Study Combination)
(1) The Minister of Employment and Labor may designate a facility or institution under Article 17 as a joint education and training facility for work-study combination (hereinafter referred to as “joint training center for work-study combination”) to accommodate participating companies engaged in the joint conduct of work-study combinations: Provided, That the Minister shall designate an industrial educational institution defined in subparagraph 2 (a) of Article 2 of the Industrial Education Enhancement and Industry-Academia-Research Cooperation Promotion Act as a joint training center for work-study combination, only after consultation with the Minister of Education.
(2) A joint training center for work-study combination shall perform the following functions:
1. Supporting development of work-study programs for participating companies;
2. Supporting development and operation of on-site apprenticeship training programs for participating companies;
3. Delivering training programs outside the workplace entrusted by participating companies;
4. Supporting implementation of work-study combinations, which involves application for designation as a participating company and application for accreditation of a work-study program;
5. Other matters determined by the Minister of Employment and Labor as necessary for a participating company to efficiently operate a work-study program.
(3) Matters necessary for the requirements and procedures of application for and designation of a joint training center for work-study combination shall be determined and publicly notified by the Minister of Employment and Labor.
 Article 17 (Places for Training Programs Outside Workplace)
The owner of a participating company may deliver a training program outside the workplace at any of the following facilities or institutions:
1. A vocational skills development training establishment defined in subparagraph 3 of Article 2 of the Act on the Development of Vocational Skills of Workers;
2. A polytechnic college defined in subparagraph 5 of Article 2 of the Act on the Development of Vocational Skills of Workers;
3. An industrial educational institution defined in subparagraph 2 of Article 2 of the Industrial Education Enhancement and Industry-Academia-Research Cooperation Promotion Act;
4. A facility of the participating company separate from the production site;
5. Other facilities or institutions determined and publicly notified by the Minister of Employment and Labor as equivalent to those listed in subparagraphs 1 through 4.
 Article 18 (Revocation of Designation of Joint Training Centers for Work-Study Combination)
(1) If a joint training center for work-study combination falls under any of the following cases, the Minister of Employment and Labor may issue an order revoking its designation or suspending operation of the work-study combination for a period not to exceed two years: Provided, That in the case of subparagraph 1, the Minister shall revoke its designation:
1. If it obtains the designation of a joint training center for work-study combination by fraud or other improper means;
2. If it fails to meet the requirements under Article 16;
3. If it falls within the categories determined and publicly notified by the Minister of Employment and Labor, which include submission of false data and unsatisfactory operational performance.
(2) Notwithstanding paragraph (1), the Minister of Employment and Labor shall revoke the designation of a joint training center for work-study combination, which is an industrial educational institution defined in subparagraph 2 (a) of Article 2 of the Industrial Education Enhancement and Industry-Academia-Research Cooperation Promotion Act, only after consultation with the Minister of Education.
(3) The detailed standards for administrative sanctions under paragraph (1) shall be prescribed by Ordinance of the Ministry of Employment and Labor, in consideration of the types and severity of violations.
 Article 19 (Designation and Operation of Corporate On-Site Trainers)
(1) When the owner of a participating company operates a work-study program, he or she shall designate a person who meets the requirements prescribed by Presidential Decree as a corporate on-site trainer.
(2) A corporate on-site trainer shall perform the following duties:
1. Establishment of a plan to operate work-study programs;
2. Transmission of his or her knowledge, skills, and attitudes to participating employees;
3. Confirmation and evaluation of the educational and training outcomes to achieve the goals of work-study combination for participating employees.
(3) A person designated as a corporate on-site trainer in accordance with paragraph (1) shall complete education prescribed by Presidential Decree.
(4) A person who falls within any subparagraph of Article 34 of the Act on the Development of Vocational Skills of Workers shall not serve as a corporate on-site trainer.
 Article 20 (Competency Enhancement of Corporate On-Site Trainers)
(1) The Minister of Employment and Labor shall make efforts to enhance the competencies of corporate field teachers, such as providing education or competency development opportunities for corporate on-site trainers, for the efficient operation of the work-study combination system.
(2) Matters necessary for education or competency development of corporate on-site trainers shall be prescribed by Presidential Decree.
 Article 21 (Conclusion of Work-Study Agreement)
(1) The owner of a participating company that intends to operate a work-study program shall enter into a work-study agreement with a duration of less than two years, which includes the matters specified in the subparagraphs of Article 17 (1) of the Labor Standards Act, with a participating employee: Provided, That this shall not apply to courses required to obtain an academic degree.
(2) A work-study agreement under paragraph (1) shall include the following:
1. Goals and methods of the work-study combination;
2. Period of the work-study combination;
3. Daily hours for the work-study combination;
4. Other matters determined by the Minister of Employment and Labor as conditions for education and training applied to the participating employees in a work-study combination.
(3) The owner of a participating company that has entered into a work-study agreement with a participating employee under paragraph (1), shall issue the written form of the agreement to the participating employee and notify the Minister of Employment and Labor thereof. This shall also apply to the modification of any matter listed in the subparagraphs of paragraph (2).
(4) The owner of a participating company that intends to shorten or extend the period of the work-study combination mentioned in paragraph (2) 2, shall obtain approval from the Minister of Employment and Labor with the consent of the participating employee.
(5) Matters necessary for the conclusion of a work-study agreement, the procedures for shortening or extension of the work-study combination period under paragraph (1) or (4) shall be prescribed by Ordinance of the Ministry of Employment and Labor.
 Article 22 (Termination of Work-Study Agreement)
(1) A work-study agreement shall be terminated when the contractual term of the work-study agreement expires.
(2) Notwithstanding paragraph (1), if a participating employee passes the external evaluation under Article 30 (2) before the work-study agreement expires, the work-study agreement shall be terminated.
(3) The owner of a participating company shall extend the work-study agreement for up to two consecutive terms, if the participating employee fails to pass the external evaluation under Article 30 (2) until the work-study agreement expires. In this regard, the total extension of the contractual term shall not exceed one year.
 Article 23 (Restrictions on Termination of Work-Study Agreement)
(1) The owner of a participating company shall not terminate any work-study agreement concluded with a participating employee without good cause prescribed by Presidential Decree, during the term of the agreement.
(2) When the owner of a participating company terminates any work-study agreement for good cause under paragraph (1), it shall be in written form that states the reason and time for such termination.
 Article 24 (Continuous Employment of Participating Employees)
(1) The owner of a participating company shall convert a participating employee to an employee on a non-fixed term contract, if the participating employee passes the external evaluation under Article 30 (2).
(2) When a participating employee is converted to an employee on a non-fixed term contract under paragraph (1), the owner of a participating company shall accord such employee equal treatment with persons possessing the equal or similar levels of certification or experience at the workplace.
CHAPTER IV DUTIES OF PARTICIPATING COMPANIES AND PARTICIPATING EMPLOYEES
 Article 25 (Compliance Required by Owners of Participating Companies)
(1) In order to achieve the goals of a work-study combination, the owner of a participating company shall develop education and training programs suitable for the work-study combination that enable a participating employee can acquire necessary workplace competencies during the term of his or her work-study agreement and, upon conclusion of the work-study agreement, provide the participating employee necessary educational and training opportunities without delay.
(2) The owner of a participating company shall appoint a corporate on-site trainer having proper knowledge and attitudes to take charge of education and training for a participating employee, and assure the on-site trainer of working conditions that he or she can effectively transmit the contents of education and training to the participating employee.
(3) If a participating employee uses a facility outside the workplace or undergoes evaluation to receive education and training, the owner of a participating company shall allow time required for the relevant education and training or evaluation.
(4) The owner of a participating company shall regularly check the educational and training outcomes of participating employees and instruct them to manage their educational and training outcomes.
(5) The owner of a participating company shall provide workbooks, training materials, personal equipment, and other necessary materials for training to participating employees free of charge during the education and training period.
(6) The owner of a participating company shall take necessary measures for occupational safety and health in accordance with the Occupational Safety and Health Act to prevent accidents on the job of participating employees.
(7) Necessary matters such as the conditions for education and training that the owner of a participating company shall provide to its participating employees in order to achieve the goals of a work-study combination, other than those provided for in paragraphs (1) through (6), shall be prescribed by Presidential Decree.
 Article 26 (Compliance Required by Participating Employees)
(1) A participating employee shall make efforts to acquire workplace competencies necessary to achieve the goals of a work-study combination.
(2) A participating employee shall faithfully participate in on-site apprenticeship training programs and training programs outside the workplace provided by the owner of a participating company.
 Article 27 (Hours of Work-Study Combination and Breaks)
(1) Hours of work-study combination for a participating employee shall be computed by adding together working hours at the workplace, hours of on-site apprenticeship training programs, and hours of training programs outside the workplace: Provided, That hours of training programs outside the workplace prescribed by Presidential Decree may not be included in the work-study combination hours.
(2) The owner of a participating company shall not deliver on-site apprenticeship training programs for a participating employee at night or on holidays: Provided, That this shall not apply if there is any unavoidable cause to achieve the goals of a work-study combination on a temporary basis, as prescribed by Presidential Decree.
(3) Article 69 of the Labor Standards Act shall apply mutatis mutandis to the hours of work-study combination for a participating employee who is a minor.
 Article 28 (Prevention of Discriminatory Treatment)
(1) The owner of a participating company shall not discriminate against a participating employee compared to other employees engaged in the same or similar work in the relevant business or workplace, without a reasonable basis.
(2) A participating employee may apply for correction to the Labor Relations Commission established under the Labor Relations Commission Act, if he or she has suffered discriminatory treatment compared to other employees engaged in the same or similar work.
(3) The Minister of Employment and Labor may require the owner of a participating company that has accorded discriminatory treatment in violation of paragraph (1) to correct the discriminatory treatment.
(4) Articles 9 through 15, Articles 15-2 and 16 (excluding subparagraphs 1 and 4) and Article 24 of the Act on the Protection of Fixed-Term and Part-Time Employees shall apply mutatis mutandis to applications for correction, requests for correction, and other correction procedures under paragraphs (2) and (3). For this purpose, “fixed-term or part-time employees” shall be regarded as “participating employees”, and “employers” as “owners of participating companies”.
CHAPTER V EVALUATION AND CERTIFICATION
 Article 29 (Issuance of Completion Certificates)
(1) The owner of a participating company shall issue a certificate when a participating employee has completed a work-study program.
(2) A certificate of completion under paragraph (1) shall indicate the title, period, and contents of the education and training program.
(3) When the work-study agreement of any participating employee is terminated before the agreement is due to expire, and the participating employee requests the issuance of a certificate of the period, contents, etc. of the education and training program he or she has already completed, the owner of a participating company shall furnish a certificate indicating such matters.
(4) Necessary matters regarding the procedures for issuing certificates of completion under paragraph (1) and certificates under paragraph (3) shall be prescribed by Ordinance of the Ministry of Employment and Labor.
 Article 30 (Evaluation of Participating Employees)
(1) The Minister of Employment and Labor and the owner of a participating company shall evaluate participating employees to determine whether they achieve the educational and training goals set forth in the education and training standards under Article 11 through a work-study program.
(2) An evaluation under paragraph (1) shall consist of an assessment made by the owner of a participating company or the head of a facility or institution entrusted with a training program outside the workplace (hereinafter referred to as “internal assessment”) and an assessment made by the Minister of Employment and Labor (hereinafter referred to as “external assessment”).
(3) When conducting an external assessment, the Minister of Employment and Labor shall form an assessment committee composed of the corporate on-site trainer for a participating employee subject to the evaluation and experts in related fields to conduct the assessment.
(4) The Minister of Employment and Labor shall compile the results from an internal assessment and an external assessment to determine successful candidates.
(5) Other matters necessary to conduct an evaluation, such as evaluation methods and procedures, composition of an assessment committee, and methods for determination of successful candidates, shall be prescribed by Presidential Decree.
 Article 31 (Obtaining Work-Study Combination Certifications and Issuance of Certificates)
(1) A participating employee who has completed a work-study program and determined by the Minister of Employment and Labor as a successful candidate in accordance with Article 30 (4), shall obtain work-study combination certification.
(2) The Minister of Employment and Labor shall issue a work-study combination certificate to any person who has obtained work-study combination certification.
(3) The Minister of Employment and Labor shall build and operate a data system necessary to perform such functions as checking completion of work-study programs by participating employees and issuance of work-study combination certificates.
(4) Other matters relating to the issuance and re-issuance of work-study combination certificates and matters necessary for the management of work-study combination certifications shall be prescribed by Ordinance of the Ministry of Employment and Labor.
 Article 32 (Prohibition against Lending Work-Study Combination Certificate)
No person shall lend to another any work-study combination certificate issued to him or her in accordance with Article 31 (2), or borrow or offer to lend such certificate.
 Article 33 (Cancellation of Work-Study Combination Certification)
If a holder of work-study combination certification falls under any of the following cases, the Minister of Employment and Labor shall cancel his or her work-study combination certification:
1. If he or she obtains the work-study combination certification by fraud or other improper means;
2. If he or she lends to another his or her work-study combination certificate, in violation of Article 32.
CHAPTER VI SUPPLEMENTARY PROVISIONS
 Article 34 (Support)
(1) The State and local governments may provide the owners of participating companies and institutions, organizations, etc. delivering training programs outside the workplace with any support necessary to implement work-study combinations, develop work-study programs and textbooks, and appoint and manage corporate on-site trainers.
(2) The Minister of Employment and Labor may, within the budget, provide money necessary to pay the expenses incurred by consultative bodies on human resources development, joint training centers for work-study combination, etc. entrusted with the functions pertaining to work-study combination, or institutions or organizations that provide support to participating companies.
(3) If a person who has received money under paragraph (1) or (2) is found to have received such money by fraud or other improper means, the State, a local government, and the Minister of Employment and Labor shall restitute such money.
(4) The State, a local government, and the Minister of Employment and Labor that restitutes money under paragraph (3) may collect an additional amount not to exceed five times the amount received by fraud or other improper means.
(5) If a person obligated to pay a restitution or additional amount under paragraph (3) or (4) defaults in the payment of such amount on the due date, the State, a local government, and the Minister of Employment and Labor shall collect the relevant amount in the same manner as delinquent national taxes are collected, or in accordance with the Act on the Collection of Local Administrative Penalty Charges. <Amended on Mar. 24, 2020>
(6) Necessary matters regarding the method and procedure of support, and restitution and additional collection of money under paragraphs (1) through (4) shall be prescribed by Presidential Decree.
 Article 35 (Preservation of Documents)
(1) The owner of a participating company and a person delivering a training program outside the workplace under Articles 16 and 17 shall preserve documents prescribed by Ordinance of the Ministry of Employment and Labor for five years, in relation to the accreditation and operation of a work-study program.
(2) Documents under paragraph (1) may be prepared and preserved in electronic form.
 Article 36 (Guidance and Inspections)
(1) If necessary for the implementation of this Act, which includes checking progress in work-study combination at industrial sites, the Minister of Employment and Labor may offer guidance and conduct compliance inspections by requiring that participating companies and institutions or organizations engaged in the business of work-study combination, such as joint training centers for work-study combination, provide necessary reports or data, or by directing relevant public officials to conduct on-site investigations.
(2) When the Minister of Employment and Labor conducts an on-site investigation under paragraph (1), the person subject to the investigation shall be informed of necessary matters, such as the date and time of the investigation and the content thereof, in advance: Provided, That this shall not apply in urgent cases or in a case where the purpose of the investigation cannot be achieved if advance notification is provided.
(3) Any public official who conducts an on-site investigation under paragraph (1) shall carry an identification indicating his or her authority and present it to interested persons.
 Article 37 (Fees)
(1) Any of the following persons shall pay fess as prescribed by Ordinance of the Ministry of Employment and Labor:
1. A person who intends to receive an external assessment under Article 30;
2. A person who intends to be issued or re-issued a work-study combination certificate under Article 31;
3. A person who intends to obtain a certificate related to work-study combination.
(2) Necessary matters regarding the amount of fees, etc. under paragraph (1) shall be prescribed by Ordinance of the Ministry of Employment and Labor.
 Article 38 (Hearing)
The Minister of Employment and Labor shall hold a hearing in order to issue any of the following dispositions:
1. Revocation of designation of a participating company under Article 14 (1);
2. Revocation of accreditation of a work-study program under Article 15 (3);
3. Revocation of designation of a joint training center for work-study combination, or suspending operation of a work-study combination under Article 18 (1);
4. Cancellation of a work-study combination certification under Article 33.
 Article 39 (Delegation and Entrustment of Authority)
(1) The Minister of Employment and Labor may delegate part of the authority vested in him or her under this Act to the head of a regional employment and labor office or the head of a local government.
(2) The Minister of Employment and Labor may entrust part of the functions granted to him or her under this Act to the Human Resources Development Service of Korea established under the Human Resources Development Service of Korea Act, or an institution or organization related to training for the development of vocational skills that fulfills the requirements prescribed by Presidential Decree.
CHAPTER VII PENALTY PROVISIONS
 Article 40 (Penalty Provisions)
(1) Either of the following persons shall be punished by imprisonment with labor for not more than two years or by a fine not exceeding 20 million won:
1. A person who delivers on-site apprenticeship training programs at night or on holidays, in violation of Article 27 (2);
2. A person who places work for a participating employee who is a minor, in violation of Article 27 (3).
(2) A person who lends to another any work-study combination certificate issued to him or her, or borrows or offers to lend such certificate, in violation of Article 32, shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 10 million won.
 Article 41 (Joint Penalty Provisions)
If the representative of a corporation, or an agent or employee of, or any other person employed by, the corporation or an individual commits any violations described in Article 40 in relation to matters regarding an employee of the relevant business, the corporation or individual shall, in addition to punishing the violators accordingly, be punished by a fine prescribed in the relevant Article: Provided, That this shall not apply if such corporation or individual has not been negligent in giving due attention to and supervision over the relevant duties to prevent such violations.
 Article 42 (Administrative Fines)
(1) A person who violates the duty of continuous employment of participating employees under Article 24 (1) shall be subject to an administrative fine of not more than 30 million won.
(2) Any of the following persons shall be subject to an administrative fine of not more than five million won:
1. A person who fails to issue the written form of a work-study agreement or the modification of any matter listed in the subparagraphs of Article 21 (2), in violation of Article 21 (3);
2. A person who fails to comply with matters to be observed by the owners of participating companies under Article 25;
3. A person who fails to preserve documents relating to the accreditation or operation of a work-study program for five years, in violation of Article 35 (1);
4. A person who fails to comply with a request for submission of reports or data by the Minister of Employment and Labor, or refuses, obstructs, or evades an on-site investigation or other guidance or inspection activities without a compelling reason, in violation of Article 36 (1);
(3) The administrative fines under paragraph (1) shall be imposed and collected by the Minister of Employment and Labor, as prescribed by Presidential Decree.
ADDENDA <Act No. 16559, Aug. 27, 2019>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 (Special Cases concerning Effect of Work-Study Combination Certifications)
If a person completed a work-study program delivered by the Human Resources Development Service of Korea established under the Human Resources Development Service of Korea Act (hereinafter referred to as the “Human Resources Development Service of Korea”) and passed the external assessment made by the Human Resources Development Service of Korea before this Act enters into force, even if any part of the field for which he or she passed the external assessment does not correspond to the field of assessment as provided in Article 30, he or she shall be deemed to have acquired work-study combination certification for the relevant field in accordance with this Act, notwithstanding Article 31, if it obtains approval from the Minister of Employment and Labor.
Article 3 (Transitional Measures concerning Effect of Work-Study Combination and Work-Study Combination Certifications)
(1) A participating company, a joint training center for work-study combination, or a participating employee designated by the Human Resources Development Service of Korea before this Act enters into force to implement a work-study combination under entrustment from the Minister of Employment and Labor, shall be deemed a participating company, a joint training center for work-study combination, or a participating employee designated under this Act, respectively.
(2) If a person completed a work-study program delivered by the Human Resources Development Service of Korea and passed the external assessment made by the Human Resources Development Service of Korea before this Act enters into force, he or she shall be deemed to have acquired work-study combination certification under this Act.
ADDENDA <Act No. 17091, Mar. 24, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.