ENFORCEMENT DECREE OF THE ACT ON THE DEVELOPMENT OF LOCAL UNIVERSITIES AND COLLEGES AND REGIONAL HUMAN RESOURCES
Presidential Decree No. 25504, Jul. 28, 2014
Amended by Presidential Decree No. 25751, Nov. 19, 2014
Presidential Decree No. 28211, Jul. 26, 2017
Presidential Decree No. 31710, jun. 1, 2021
CHAPTER I GENERAL PROVISIONS
The purpose of this Decree is to prescribe matters mandated by the Act on the Development of Local Universities and Colleges, and Regional Human Resources and those necessary for enforcing said Act.
CHAPTER II MASTER PLANS FOR DEVELOPING AND SUPPORTING LOCAL UNIVERSITIES AND COLLEGES, AND REGIONAL HUMAN RESOURCES
| Article 2 (Procedures for Establishing Master Plans) |
| (1) | The Minister of Education shall prepare guidelines to establish a master plan for developing and supporting local universities and colleges, and regional human resources (hereinafter referred to as "master plan") under Article 5 (1) of the Act on the Development of Local Universities and Colleges, and Regional Human Resources (hereinafter referred to as the "Act") following deliberation by the Committee for Developing and Supporting Local Universities and Colleges, and Regional Human Resources referred to in Article 8 of the Act (hereinafter referred to as the "Committee"). |
| (2) | The Minister of Education shall notify the head of the relevant central administrative agency or the relevant Metropolitan City Mayor (excluding Incheon Metropolitan City Mayor), Special Self-Governing City Mayor, Do Governor (excluding Gyeonggi-do Governor), or Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor") of the guidelines specified in paragraph (1), by the end of February of the year preceding the year in which the relevant master plan commences. |
| (3) | The head of the relevant central administrative agency or each Mayor/Do Governor shall establish a plan for local universities and colleges, and regional human resources in his or her jurisdictional area pursuant to the guidelines provided under paragraph (2) and submit the plan to the Minister of Education by not later than March 31 of the year preceding the year in which the relevant master plan commences. |
| (4) | The Minister of Education shall finalize the master plan, taking into account the plans submitted under paragraph (3) following deliberation by the Committee and notify the head of the relevant central administrative agency or the relevant Mayor/Do Governor of the finalized master plan, by not later than August 31 of the year preceding the year in which the relevant master plan commences. |
| Article 3 (Revision to Mater Plans) |
"Any change of insignificant matters prescribed by Presidential Decree" in the proviso of Article 5 (3) of the Act means: | 1. | To change the scope of a project in the range of not more than 10/100 of each sector; |
| 2. | To change the detailed schedule during a project period; |
| 3. | To correct errors in calculation, clerical mistakes or omission, or to change any matter which does not affect the objectives and orientation of the master plan. |
| Article 4 (Procedures for Formulating Action Plans) |
| (1) | The Minister of Education shall prepare guidelines to formulate an annual action plan for establishing and supporting local universities and colleges, and regional human resources referred to in Article 6 (1) of the Act (hereinafter referred to as "action plan") for the next year following deliberation by the Committee and notify the head of the relevant central administrative agency or the relevant Mayor/Do Governor of such plan by not later than August 31 of every year. |
| (2) | The head of the relevant central administrative agency or each Mayor/Do Governor shall formulate an action plan of the next year pursuant to the master plan and the guidelines under paragraph (1) and submit such plan to the Minister of Education by not later than October 31 of every year. |
| (3) | The Minister of Education shall integrate and adjust action plans submitted under paragraph (2) following deliberation by the Committee and notify the head of the relevant central administrative agency or the relevant Mayor/Do Governor of the results of such deliberation pursuant to Article 6 (3) of the Act by not later than December 31 of every year. |
| Article 5 (Submission of Results of Implementing Action Plans) |
| (1) | The head of the relevant central administrative agency or the relevant Mayor/Do Governor shall submit to the Minister of Education the results of implementing the action plan of the previous year pursuant to Article 6 (2) of the Act by not later than March 31 of every year. |
| (2) | The Minister of Education shall refer the results of implementing the action plan submitted under paragraph (1) to the Committee for deliberation and notify the relevant central administrative agency or the relevant Mayor/Do of the results of such deliberation by not later than August 31 of every year. |
| (3) | The head of the relevant central administrative agency or the relevant Mayor/Do Governor shall endeavor to take into account the results of deliberation provided under paragraph (2) when formulating and implementing an action plan under his or her jurisdiction of the next year. |
| (4) | Where necessary for integrating and adjusting the results of implementation under Article 6 (2) of the Act, the Minister of Education may request the head of the relevant central administrative agency or the relevant Mayor/Do Governor to submit necessary materials. |
CHAPTER III COMMITTEE FOR DEVELOPING AND SUPPORTING LOCAL UNIVERSITIES AND COLLEGES, AND REGIONAL HUMAN RESOURCES
| Article 5-2 (Composition and Operation of Subcommittee for Designation and Management of Specialized Areas for High Education Innovation) |
| (1) | Members of a subcommittee for designation and management of specialized areas for higher education innovation under Article 8-2 (1) of the Act (hereinafter referred to as "subcommittee for specialized areas") shall be as follows: |
| 1. | The Vice Minister of Economy and Finance, the Vice Minister of the Interior and Safety, the Vice Minister of Trade, Industry and Energy, the Vice Minister of Land, Infrastructure and Transport, and the Vice Minister of SMEs and Startups. In such cases, if a central administrative agency has more than one Vice Minister, the Vice Minister designated by the head of the relevant central administrative agency shall be appointed; |
| (2) | Except as provided in paragraph (2), Articles 6 (2) through (7) and 7 shall apply mutatis mutandis to matters necessary for the composition, operation, etc. of a subcommittee for specialized areas. In such cases, "chairperson" (excluding Article 7 (1)) shall be construed as "the chairperson of a subcommittee for specialized areas; "member commissioned under Article 9 (2) 2 or 3 of the Act" as "member designated under Article 5-2 (1) 2","Committee" as "a subcommittee for specialized areas"; and "decommission" as "withdraw the commission," respectively. |
[This Article Newly Inserted on Jun. 1, 2021]
| Article 6 (Composition and Operation of Committee) |
| (1) | "Relevant central administrative agencies prescribed by Presidential Decree" in Article 9 (2) 1 of the Act means the Ministry of Culture, Sports and Tourism, the Ministry of Trade, Industry and Energy, the Ministry of Health and Welfare, the Ministry of Employment and Labor, the Ministry of Land, Infrastructure and Transport, and the Ministry of Personnel Management. In such cases, if a central administrative agency has more than one Vice Minister, the Vice Minister designated by the head of the relevant central administrative agency shall be appointed. <Amended on Nov. 19, 2014; Jul. 26, 2017; Jun. 1, 2021> |
| (2) | If the chairperson is unable to continue to perform his or her duties due to extenuating circumstances, the committee member predesignated by the chairperson shall act on behalf of the chairperson.. |
| (3) | The term of office of a member commissioned under Article 9 (3) 2 or 3 of the Act shall be two years: Provided, That, where the office of a member becomes vacant, the term of office of a member commissioned to fill a vacancy shall be the remaining term of office for his or her predecessor. |
| (4) | The chairperson shall convene a meeting of the Committee where he or she deems it necessary or at the call of at least 1/3 of registered members. |
| (5) | A majority of the members of the Committee shall constitute a quorum, and any decision thereof shall require the concurring vote of a majority of those present. |
| (6) | When intending to convene a meeting, the chairperson shall provide each member with a written notice stating the date and time, place of the meeting and agenda to be addressed at the meeting at least seven days before the meeting is convened: Provided, That, where necessary to urgently convene a meeting, or in any extenuating circumstance, the relevant matters may be provided orally, by telephone or by other means at least the day before the meeting is convened. |
| (7) | One secretary shall be appointed by the Minister of Education from among public officials of the Ministry of Education to process the Committee's affairs. |
| Article 7 (Decommissioning Members) |
| 1. | Where it is deemed impossible or significantly difficult for a member to perform his or her duties due to any mental or physical impairment; |
| 2. | Where the member is deemed incompetent for office due to neglect of his or her duties, injury to dignity or any other ground, or where his or her term of office has expired. |
| (2) | Except as provided in this Decree, matters necessary for operating the Committee shall be determined by the chairperson upon the approval of the Committee. |
CHAPTER IV SUPPORT FOR LOCAL UNIVERSITIES AND COLLEGES
| Article 8 (Percentage of Faculty Member Participation) |
| (1) | The head of a central administrative agency shall ensure that faculty members of local universities and colleges participate in each committee under his or her control by at least any of the following percentages pursuant to Article 10 of the Act: |
| 1. | By December 31, 2015: 10 percent of commissioned members; |
| 2. | By December 31, 2017: More than 10 percent and less than 20 percent of commissioned members; |
| 3. | After January 1, 2018: 20 percent of commissioned members. |
| (2) | Where deemed necessary to increase the participation of faculty members of local universities and colleges, the Minister of Education may request the relevant central administrative agencies to submit materials relating to the composition and operation of their committees. |
| Article 9 (Support for Public Institutions) |
| 1. | Corporate promotion and job placement to increase employment of regional human resources; |
| 2. | Loans, investment and financing; |
| 3. | Marketing, development of technologies, human resources and export; |
| 4. | Other matters deemed necessary to increase employment of regional human resources. |
| (2) | "The percentage prescribed by Presidential Decree" in Article 13 (3) 1 of the Act means 35 percent of university or college graduates (including graduates-to-be) in the annual new employment. |
| Article 10 (Expanding Opportunities for Admission into Universities or Colleges) |
The scope of the relevant area and percentages referred to in Article 15 (4) of the Act shall be as specified in the attached Table.
| Article 11 (Criteria for Designating Characterization Local Universities and Colleges, and Revocation of Designation) |
| (1) | "Local university or college meeting the criteria prescribed by Presidential Decree" in Article 17 (1) of the Act means any of the following universities or colleges: |
| 1. | A university or college selected by the Minister of Education as subject to a local university or college support project to enhance the competitiveness of local universities or colleges; |
| 2. | Other universities or colleges meeting the criteria determined by the Committee in consideration of region-specific industries, etc. |
| (2) | The president of a university or college who intends to obtain designation as a characterization local university or college under Article 17 (1) of the Act shall file an application for designation with the Minister of Education. |
| (3) | The Minister of Education in receipt of an application for designation under paragraph (2) shall determine whether he or she designates a characterization local university or college, following deliberation by the Committee and notify the relevant university or college of the results of such determination. |
| (4) | The Minister of Education may support a characterization local university or college designated under paragraph (3) with the following matters necessary for developing characterization fields under Article 17 (2) and (5) of the Act: |
| 1. | Developing and operating educational courses; |
| 2. | Purchasing educational and research equipment; |
| 3. | Experiment and practice expenses; |
| 4. | Project expenses deemed necessary for enhancing the educational capacities of characterization local universities and colleges. |
| (1) | Where the president of a local university or college intends to file an appeal pursuant to Article 17 (4) of the Act, he or she shall file it with the Minister of Education along with materials stating the purpose and reason of the appeal within 30 days of receipt of the revocation notice. |
| (2) | The Minister of Education in receipt of an appeal under paragraph (1) shall notify the president of the relevant university or college of the results within 30 days of receipt of the appeal, following deliberation by the Committee. |
CHAPTER V REGIONAL HUMAN RESOURCE EMPLOYMENT IMPACT ASSESSMENT
| Article 13 (Subject Matters of Regional Human Resource Employment Impact Assessment) |
| (1) | Policies or statutes (hereinafter referred to as "subject policies, etc.) subject to regional human resource employment impact assessment under Article 20 (1) of the Act (hereinafter referred to as "employment impact assessment") shall be any of the following: |
| 1. | Statutes (referring to Acts, Presidential Decrees, Prime Ministerial Ordinances, Ministerial Ordinances, Municipal Ordinances and Municipal Rules) which the head of a central administrative agency or Mayor/Do Governor promotes to formulate or amend; |
| 2. | Three (or more) -year plans formulated pursuant to the relevant Act; |
| 3. | Matters related to employment of regional human resources which the head of a central administrative agency or a Mayor/Do Governor deems necessary to significantly affect employment of regional human resources; |
| 4. | Matters that are deemed by the Minister of Education or the Minister of Employment and Labor to significantly affect employment of regional human resources and to be subject to employment impact assessment and notified to the relevant central administrative agency or local government. |
| (2) | Notwithstanding paragraph (1), in any of the following cases, the relevant statute, plan or project need not be subject to employment impact assessment: |
| 1. | Where the case in issue is related to internal operation and management of administration, such as organizations of the State or local governments, and procedures for processing their affairs; |
| 2. | Where the case in issue involves a policy which will clearly not affect employment; |
| 3. | Where employment impact assessment is deemed impossible due to a special reason. |
| Article 14 (Preparation of Employment Impact Assessment Reports) |
| (1) | The head of a central administrative agency or a Mayor/Do Governor shall perform employment impact assessment during any of the following periods and prepare an employment impact assessment report: |
| 1. | Formulation and amendment of Acts, Presidential Decrees, Prime Ministerial Ordinances or Ministerial Ordinances under Article 13 (1) 1: Before examining legislation by the Ministry of Legislation; |
| 3. | Plans under Article 13 (1) 2: Before establishing the relevant plan; |
| 4. | Projects under Article 13 (1) 3: Before establishing the relevant project plan; |
| 5. | Projects under Article 13 (1) 4: Within 60 days from the date on which the Minister of Education or the Minister of Employment and Labor announces such matter. |
| (2) | An assessment report which the head of a central administrative agency or a Mayor/Do Governor prepares under Article 20 (2) of the Act shall include the following: |
| 1. | Purpose and summary of a subject policy, etc.; |
| 2. | Necessity of employment impact assessment and its effects to be expected; |
| 3. | An effect which a subject policy, etc. generates gain or loss of jobs, employment of regional human resources and balancing of human resources between local and national capital regions. |
| Article 15 (Review of Employment Impact Assessment Reports and Proposal of Policies) |
| (1) | Where the Minister of Employment and Labor reviews the appropriateness on each item of the assessment report submitted under Article 20 (2) of the Act, and deems it necessary to promote stability of regional employment and to create more jobs, he or she may present his or her opinions or recommend improvement on policies or statutes to the head of the relevant administrative agency or the relevant Mayor/Do Governor. |
| (2) | Where it is necessary to review assessment reports under Article 20 (3) of the Act, the Minister of Employment and Labor may request necessary materials from the head of the relevant central administrative agency or the relevant Mayor/Do Governor. |
| (3) | Where the head of the relevant central administrative agency or the relevant Mayor/Do Governor has incorporated the results of employment impact assessment into policies or statutes under Article 20 (4) of the Act, he or she shall submit its results to the Minister of Education and the Minister of Employment and Labor within 30 days therefrom. |
CHAPTER Ⅵ SPECIALIZED AREAS FOR HIGHER EDUCATION INNOVATION
| Article 16 (Designation and Operation of Dedicated Institutions) |
| (1) | The Minister of Environment may designate an institution or corporation meeting all the following requirements as a dedicated institution under Article 21 (2) of the Act (hereinafter referred to as “dedicated institution”): |
| 1. | It shall be any of the following institutions or organizations: |
| (b) | A non-profit corporation established to develop local universities and colleges, and regional human resources; and to promote cooperation between local governments and local universities or colleges; |
| 2. | It shall have dedicated human resources and organizations necessary to foster and support a collaborative system between local governments and local universities or colleges. |
| (2) | A person who intends to be designated as a dedicated institution shall file with the Minister of Education an application determined by the Minister, together with the documents evidencing compliance with all the requirements under the subparagraphs of paragraph (1). |
| (3) | If a dedicated institution falls under any of the following subparagraphs, the Minister of Education may revoke the designation of such institution: Provided, That in cases of subparagraph 1, he or she shall revoke the designation: |
| 1. | Where the institution obtains designation by fraud or other improper means; |
| 2. | Where the institution fails to meet the requirements under the subparagraphs of paragraph (1); |
| (4) | Where the Minister of Education designates a dedicated institution pursuant to paragraph (1) or revokes such designation pursuant to paragraph (3), he or she shall give public notice of such fact in the Official Gazette and post it on the website of the Ministry of Education. |
[This Article Newly Inserted on Jun. 1, 2021]
| Article 17 (Composition and Operation of Regional Cooperative Committees) |
| (1) | The Committee under Article 21 (3) of the Act (hereinafter referred to as "regional cooperative committee") shall be comprised of not more than 30 members (including a co-chairperson where there is one under the proviso of paragraph (4) (hereinafter referred to as "co-chairperson") including the chairpersons of the regional cooperative committee under the main clause of paragraph (4) of the same Article (hereinafter referred to as the "head of a regional cooperative committee"). |
| (2) | "Persons prescribed by Presidential Decree, ... such as the heads of higher educational institutions" in the proviso of Article 21 (4) of the Act means the head of a higher educational institution and other persons with abundant expertise and experience in policies for developing local universities and colleges and regional human resources. |
| (3) | The co-chairperson shall be elected by and from among its members. |
| (4) | If deemed necessary, the head of a regional cooperative committee shall convene and preside over meetings of the regional cooperative committee. In such cases, if there is a co-chairperson, the co-chairperson shall convene a meeting, and the chairperson of the meeting shall be determined through consultations. |
| (5) | A majority of the members of a regional cooperative committee shall constitute a quorum, and any decision thereof shall require the concurring votes of at least a majority of those present. |
| (6) | Except as provided in paragraphs (1) through (5), matters necessary for the organization, operation, etc. of a regional cooperative committee shall be determined by the head of the regional cooperative committee, following resolution by the committee. In such cases, if there is a co-chairperson, they shall be determined by mutual agreement. |
[This Article Newly Inserted on Jun. 1, 2021]
| Article 18 (Designation of Specialized Areas for Higher Education Innovation) |
| 1. | Period of application of regulatory exceptions for specialized areas for higher education innovation; |
| 2. | Matters necessary for a smooth implementation of regulatory exceptions, which are matters relating to the enactment and amendment of school regulations of higher educational institutions falling under Article 22 (2) 4 of the Act, plans for financial support to the relevant higher educational institutions, etc.; |
| 3. | Matters relating to the protection, etc. of rights of students, teachers, and staff belonging to higher educational institutions under Article 22 (2) 4 of the Act; |
| 4. | Results of hearing opinions under Article 22 (3) on a plan for a specialized area for higher education innovation under Article 22 (2) of the Act (hereinafter referred to as "plan for a specialized area for higher education innovation"), and whether such opinions have been reflected in the plan; |
| 5. | Other matters determined and publicly notified by the Minister of Education as necessary for filing an application for designation of specialized areas for higher education innovation. |
| (4) | The Minister of Education shall give public notice of the following matters in the Official Gazette under the former part of Article 22 (6) of the Act and shall post the same on the web site of the Ministry of Education: |
| 2. | The period of application of regulatory exceptions under paragraph (1) 1; |
| 3. | Other matters the Minister of Education deems necessary to publicly notify regarding the designation of specialized areas for higher education innovation. |
| (5) | Except as provided in paragraphs (1) through (4), detailed matters necessary for designating a specialized area for higher education innovation shall be determined and publicly notified by the Minister of Education. |
[This Article Newly Inserted on Jun. 1, 2021]
| Article 19 (Extended Period of Application of Regulatory Exceptions according to Plans for Specialized Areas for Higher Education Innovation) |
"Period prescribed by Presidential Decree" in Article 23 (2) of the Act means the period deliberated on and decided by the subcommittee for specialized areas in consideration of the details of a plan for a specialized area for higher education innovation, the effects of and the necessity for extension of regulatory exceptions, etc. within the one or two year period. [This Article Newly Inserted on Jun. 1, 2021]
| Article 20 (Modification and Cancellation of Designation of Specialized Areas for Higher Education Innovation) |
| (1) | "Modification of minor matters prescribed by Presidential Decree" in the latter part of Article 24 (1) and the proviso of Article 24 (2) of the Act means the following cases: |
| 1. | Where the name, the name of department or student quota of a higher educational institution falling under Article 22 (2) 4 of the Act is changed; |
| 2. | Where terms and phrases are merely changed according to the enactment or amendment of other statutes or regulations or, a change to, or repeal, etc. of plans; |
| 3. | Where the Minister of Education modifies minor matters he or she deems not to affect the plan for a specialized area for higher education innovation or the designation of a specialized area for higher education innovation. |
| 1. | If designation as a specialized area for higher education innovation is obtained by fraud or other improper means; |
| 2. | Where cancelling the designation of a specialized area for higher education innovation is necessary for public interest due to circumstantial changes unexpected at the time of designating the specialized area for higher education innovation; |
| 3. | Where the purpose of designating a specialized area for higher education innovation is achieved; |
| 4. | Where there exist other circumstances making it impracticable to maintain the designation of a specialized area for higher education innovation, which the Minister of Education deems it necessary to cancel the designation. |
| (3) | "Cases prescribed by Presidential Decree, such as where it is extremely impractical to apply statutes or regulations related to the relevant regulation or there are no actual benefits as a result of the cessation of application of the regulatory exceptions" in the proviso of Article 24 (6) of the Act means any of the following cases: |
| 1. | Where necessary to protect the right to learn for students admitted to higher educational institutions falling under Article 22 (2) 4 of the Act, subject to the application of regulatory exceptions; |
| 2. | Where the Minister of Education deems that it is extremely impractical to apply statutes or regulations related to the relevant regulation or there are no actual benefits as a result of the cessation of application of the regulatory exceptions. |
| (4) | Except as provided in paragraphs (1) through (3), detailed matters necessary for modifying a plan for a specialized area for higher education innovation and a specialized area for higher education innovation, and cancelling the designation thereof shall be determined and publicly notified by the Minister of Education. |
[This Article Newly Inserted on Jun. 1, 2021]
ADDENDA <Presidential Decree No. 25504, Jul. 28, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 29, 2014.
Article 2 (Applicability concerning Employment Impact Assessment of Statutes and Plans)
Employment impact assessment of any statute or plan under Article 13 (1) 1 or 2 shall apply according to the following classifications: | 1. | Article 13 (1) 1: Any statute of which legislation is pre-announced after this Decree enters into force; |
| 2. | Article 13 (1) 2: Any plan which commences in 2016. |
Article 3 (Special Exceptions to Deadlines for Establishing Mater Plans, etc.)
| (1) | Any master plan to be first established under Article 2 after this Decree enters into force shall be established by August 31, 2015. |
| (2) | Notwithstanding Article 4, an action plan to be first established after this Decree enters into force shall be established within six months after the first master plan is established. In such cases, the notification period of guideline for establishing action plans, submission period of action plans and notification period of deliberation results may be differently determined following deliberation by the Committee. |
ADDENDA <Presidential Decree No. 25751, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That any Presidential Decrees amended under Article 5 of this Addenda, promulgated before this Decree enters into force, which have not yet entered into force, shall enter into force on the dates the respective Presidential Decrees enter into force. Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 28211, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into fore on the date of its promulgation: Provided, That any Presidential Decrees amended under Article 8 of this Addenda, promulgated before this Decree enters into force, which have not yet entered into force, shall enter into force on the dates the respective Presidential Decrees enter into force. Articles 2 through 8 Omitted.
ADDENDUM <Presidential Decree No. 31710, Jun. 1, 2021>
This Decree shall enter into force on June 1, 2021.