CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to create jobs and promote and stabilize the employment of every citizen and enhance their social and economic status by facilitating and supporting their vocational skills development throughout their lifetime, nurturing workforce necessary for industrial sites, and performing business related to industrial and educational cooperation, with the aim of improving the productivity of enterprises and realizing a meritocracy, contributing a social and economic development. <Amended on May 31, 2010; Jan. 27, 2016; May 26, 2020; Aug. 17, 2021>
The terms used in this Act are defined as follows: <Amended on May 31, 2010; Jun. 4, 2010; Feb. 1, 2012; May 20, 2014; Aug. 17, 2021>
| 1. | The term "vocational skills development training" means training conducted to help all citizens acquire and enhance their capacity to perform works (including intelligent informatization and comprehensive vocational basic skills and job basic competency) required for jobs throughout their lifetime; |
| 2. | The term "vocational skills development project" means any project involving vocational skills development training, job and career counseling and support for career development, development of courses and media for vocational skill development, survey and research on vocational skills development training, and other activities; |
| 3. | The term "vocational skills development training establishment" means any of the following establishments: |
| (a) | Public occupational training establishments: Establishments formed by the State, local governments, or public organizations prescribed by Presidential Decree (hereinafter referred to as "public organizations") to conduct vocational skills development training after consulting with the Minister of Employment and Labor or obtaining approval therefor from the Minister of Employment and Labor under Article 27; |
| (b) | Designated occupational training establishments: Establishments, such as occupational training institutes, technical colleges, etc. founded and established to conduct vocational skills development training and designated by the Minister of Employment and Labor under Article 28; |
| 4. | The term "employee" means any person employed by a business owner and any person who intends to seek employment; |
| 5. | The term "polytechnic college" means a junior college defined in subparagraph 4 of Article 2 of the Higher Education Act, which is an education and training institution that operates curricula for multi-functional technicians or advanced major courses under Article 40 as a degree course along with vocational training curricula as an annex. |
[This Article Wholly Amended on Dec. 31, 2008]
| Article 3 (Basic Principles of Vocational Skills Development Training) |
| (1) | Vocational skills development training shall be conducted in a systematic manner throughout lifetime of every citizen according to hope, aptitude, and abilities of each individual. <Amended on Aug. 17, 2021> |
| (2) | Vocational skills development training shall be conducted in such a manner that the autonomy and creativity in the private sector are respected based on labor-management participation and cooperation. |
| (3) | Vocational skills development training shall be conducted in a manner that does not discriminate citizens on the grounds of gender, age, physical conditions, forms of employment, religion, social status, etc. and that ensures equal opportunities to all citizens. <Amended on Aug. 17, 2021> |
| (4) | An emphasis shall be placed on vocational skills development training conducted for any of the following persons: <Amended on Sep. 15, 2011; Apr. 30, 2019; Jan. 5, 2021> |
| 1. | Senior citizens and persons with disabilities; |
| 3. | Persons who have rendered distinguished service to the State, their bereaved family members, or their family members under the Act on the Honorable Treatment and Support of Persons of Distinguished Service to the State, or persons eligible for veteran's compensation, their bereaved family members, or their family members under the Act on Support for Persons Eligible for Veteran’s Compensation; |
| 8. | Deleted; <Jan. 27, 2016> |
| 9. | Daily hire employees, part-time employees, employees who have signed an employment contract for a specified period, and employees hired to work on temporary projects; |
| (5) | Vocational skills development training shall be closely interrelated with school education provided under education-related Acts and industrial sites. |
| (6) | Vocational skills development training shall reflect demands in the regions and industrial sites to enhance job competency and increase the chance of employment of citizens. <Newly Inserted on Jan. 27, 2016; Aug. 17, 2021> |
| (7) | Vocational skills development training shall provide assistance with basic job competency related to job performance, such as intelligent informatization and comprehensive vocational basic skills and job basic competency, as well as support for job competency required for jobs. <Newly Inserted on Aug. 17, 2021> |
[This Article Wholly Amended on Dec. 31, 2008]
| Article 4 (Responsibilities of the State and Business Owners) |
| (1) | The State and local governments shall formulate policy measures necessary to facilitate and support vocational skills development business conducted by business owners and their organizations, employees' organizations, etc. and vocational skills development training courses, etc. voluntarily taken by citizens, with the aim of developing citizens' vocational skills throughout their lifetime. In such cases, the State may provide support necessary for implementing policy measures formulated by local governments. <Amended on May 31, 2010; Aug. 17, 2021> |
| (2) | Business owners shall conduct vocational skills development training for their employees, encourage many employees to participate in vocational skills development training, and endeavor to establish an environment conducive to vocational skills development training by providing employees with leave for vocational skills development and appoint persons in charge of human resource development (referring to persons in charge of planning, operating, and evaluating vocational skills development projects in vocational skills development training establishments, enterprises, etc.; hereinafter the same shall apply). |
| (3) | Citizens shall endeavor to develop their vocational skills throughout their lifetime according to their aptitudes and abilities, and cooperate on vocational skills development business implemented by the State, local governments, business owners, etc. <Amended on Aug. 17, 2021> |
| (4) | Business owners' associations, employees' organizations, regional human resources development committees established under Article 22-2, a consultative body on human resources development for each industry under Article 12 (2) of the Industrial Development Act (hereinafter referred to as "consultative body on human resources development for each industry"), etc. shall make necessary efforts, such as a survey on demand for training for vocational skills development by region and industry category, etc. so that training in vocational skills development satisfies the demand at industrial sites. <Newly Inserted on May 31, 2010; Jan. 27, 2016> |
| (5) | A person who conducts vocational skills development training shall endeavor to help citizens receive vocational skills development training according to their aptitudes and abilities by giving counseling services on vocational skills development training, offering guidance for landing a job, preparing selection criteria, etc. <Amended on May 31, 2010; Aug. 17, 2021> |
[This Article Wholly Amended on Dec. 31, 2008]
| Article 5 (Formulation of Master Plans for Vocational Skills Development) |
| (1) | The Minister of Employment and Labor shall formulate and implement a master plan for promoting citizens' lifelong vocational skills development (hereinafter referred to as "master plan for vocational skills development") every five years, in consultation with the head of a relevant central administrative agency and following deliberation by the Employment Policy Deliberative Council under Article 10 (1) of the Framework Act on Employment Policy. <Amended on May 31, 2010; Jun. 4, 2010; Aug. 17, 2021> |
| (2) | A master plan for vocational skills development shall include the following matters: <Amended on May 31, 2010; Jan. 27, 2016; May 26, 2020; Aug. 17, 2021> |
| 1. | A basic direction-setting for policies for citizens' lifelong vocational skills development; |
| 2. | Evaluation of the immediately preceding master plan for vocational skills development; |
| 4. | Matters concerning support for vocational skills development training conducted voluntarily by citizens; |
| 5. | Matters concerning support for vocational skills development projects that a business owner conducts for employees; |
| 6. | Matters concerning support for vocational skills development projects by employees' organizations, business owners' associations, a consultative body on human resources development for each industry, etc.; |
| 7. | Matters concerning education of workforce necessary for continuous development of national economy in consideration of trends in industrial development and the current status of workforce supply and demand in job market; |
| 8. | Matters concerning creating an environment conducive to vocational skills development training, such as establishing standards for vocational skills development training under Article 8, fostering and supporting vocational skills development teachers and the person in charge of workforce development, developing and disseminating media and methods of vocational skills development training, etc.; |
| 9. | Matters concerning connecting vocational skills development training with its qualifications; |
| 10. | Matters concerning evaluation of vocational skills development projects; |
| 11. | Matters deemed necessary to conduct vocational skills development projects in order to create jobs, and boost and stabilize the employment of citizens. |
| (3) | Where the Minister of Employment and Labor intends to develop a master plan for vocational skills development, he or she shall hear the opinions of relevant organizations, associations, etc., such as business owners' associations and employees' organizations, and may, if deemed necessary, request the heads of administrative agencies concerned, local governments, and public organizations (hereinafter referred to as "heads of relevant administrative agencies, etc.") to submit materials. <Amended on May 31, 2010; Jun. 4, 2010> |
| (4) | When the Minister of Employment and Labor formulates a master plan for vocational skills development, he or she shall report thereon to the competent Standing Committee of the National Assembly without delay. <Newly Inserted on Jan. 27, 2016> |
[This Article Wholly Amended on Dec. 31, 2008]
| Article 6 (Building Information Network for Vocational Skills Development) |
| (1) | The Minister of Employment and Labor shall establish an information network for vocational skills development to collect, manage, and furnish information on citizens' lifelong vocational skills development, to manage citizens' vocational skills development history, and to efficiently connect the vocational skills development with qualifications. <Amended on May 31, 2010; Jun. 4, 2010; Aug. 17, 2021> |
| (2) | The Minister of Employment and Labor may request anyone who conducts vocational skills development projects or heads of relevant administrative agencies, etc. to submit materials necessary to build and operate the information network for vocational skills development. Anyone who conducts vocational skills development projects or heads of relevant administrative agencies shall fully cooperate with such requests if there is no special reason. <Amended on May 31, 2010; Jun. 4, 2010> |
| (3) | The Minister of Employment and Labor shall take measures necessary for the heads of relevant administrative agencies, etc. to perform their duties by using the information network for vocational skills development. <Newly Inserted on May 31, 2010; Feb. 1, 2012> |
[This Article Wholly Amended on Dec. 31, 2008]
[Title Amended on May 31, 2010]
| Article 7 (Survey and Research on Lifelong Vocational Skills Development) |
The Minister of Employment and Labor may conduct surveys, research, and development necessary to formulate policies and improve the systems for citizens' lifelong vocational skills development. <Amended on Jun. 4, 2010; Aug. 17, 2021>
[Title Amended on Aug. 17, 2011]
| Article 7-2 (Management of Vocational Skills Development Training) |
The Minister of Employment and Labor may perform the following duties to make vocational skills development training achieve better outcomes:
| 1. | Establishment of standards for support for vocational skills development training by occupational category and level; |
| 2. | Certification of vocational skills development training establishments, etc.; |
| 3. | Audit of actual state of management of subsidies, loans, etc., received by vocational skills development training establishments, etc. from the State or a local government; |
| 4. | Affairs related to the performance management, such as evaluation of vocational skills development training courses; |
| 5. | Investigation and analysis of fraudulent acts related to vocational skills development training courses; |
| 6. | Other matters necessary to improve outcomes of vocational skills development training. |
[This Article Newly Inserted on Jan. 27, 2016]
| Article 8 (Standards for Vocational Skills Development Training) |
| (1) | The Minister of Employment and Labor may establish standards for technology, resources, operation, etc. relevant to vocational skills development training (hereinafter referred to as "standards for vocational skills development training") so that vocational skills development training is interchangeable, recognizable, and exchangeable. <Amended on Jun. 4, 2010> |
| (2) | The Minister of Employment and Labor shall, when he or she intends to establish standards for vocational skills development training, hear the opinions of relevant organizations, associations, etc., such as business owners' associations and employees' organizations. <Amended on Jun. 4, 2010> |
| (3) | The Minister of Employment and Labor shall, in consultation with the Minister of Education, strive to make vocational skills development training be closely interrelated with qualification or academic background, such as the establishment of a system that connects vocational skills development training with qualifications, based on the National Skill Standards under Article 5 of the Framework Act on Qualifications. <Newly Inserted on Jan. 27, 2016> |
| (4) | Necessary matters concerning procedures for establishing standards for vocational skills development training pursuant to paragraph (1) and establishing a connecting system pursuant to paragraph (3) shall be prescribed by Presidential Decree. <Amended on Jan. 27, 2016> |
[This Article Wholly Amended on Dec. 31, 2008]
| Article 9 (Training Contracts and Rights and Obligations) |
| (1) | Business owners and employees who intend to attend vocational skills development training may conclude a training contract specifying the rights, obligations, etc. ensuing from the vocational skills development training. |
| (2) | Business owners may, when concluding a training contract under paragraph (1), have their employees who attend the relevant vocational skills development training engage in the duties designated by the relevant business owners for a fixed period upon completion of such training. In such cases, the fixed period shall be within five years and shall not exceed three times the period of vocational skills development training. |
| (3) | Where a training contract under paragraph (1) is not concluded, vocational skills development training received by a hired employee shall be regarded as work performed by the employee. |
| (4) | Every business owner who has failed to conclude a training contract under paragraph (1) shall conduct vocational skills development training during working hours provided for in Article 50 of the Labor Standards Act (hereinafter referred to as "standard working hours") and may conduct such vocational skills development training during hours outside standard working hours if an agreement is reached with the relevant employees thereon. |
| (5) | Wages for overtime and night work need not be paid for training hours outside standard working hours unless vocational skills development training is conducted at the workplace or by using production facilities. |
[This Article Wholly Amended on Dec. 31, 2008]
| Article 10 (Training Allowances) |
Anyone who conducts vocational skills development training may pay training allowances to trainees receiving the training.
[This Article Wholly Amended on Dec. 31, 2008]
| Article 10-2 (Measures against Infectious Diseases) |
A person who conducts vocational skills development training shall take necessary measures determined by the Minister of Employment and Labor, such as isolating trainees, vocational skills development teachers, etc. who are infected, suspected to have been infected, or likely to be infected with an infectious disease, according to a diagnosis by a physician.
[This Article Newly Inserted on Aug. 17, 2021]
| Article 11 (Accident Compensation Benefits) |
| (1) | Where a citizen (excluding any person governed by the Industrial Accident Compensation Insurance Act) participating in vocational skills development training at a relevant training institution suffers damage in an accident that occurs in the course of the training, a person who conducts the vocational skills development training shall pay the citizen accident compensation benefits. In such cases, a citizen receiving vocational skills development training by entrustment shall be paid the accident compensation benefits from the entrusting person, yet if any accident occurs due to defects in the training facilities of the entrusted person or any other reasons attributable to the entrusted person, such entrusted person shall pay the accident compensation benefits. <Amended on Aug. 17, 2021> |
| (2) | Necessary matters concerning payment standards and procedures for accident compensation benefits under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Dec. 31, 2008]
| Article 11-2 (Vocational Skills Development Projects by Public Organizations) |
Public organizations may conduct any of the following projects in order to develop vocational skills of citizens: <Amended on Aug. 17, 2021>
| 1. | Vocational skills development training conducted for a person falling under any subparagraph of Article 12 (1); |
| 2. | Vocational skills development training conducted for the supply of and demand for human resources in governmental organizations and strategic industries under Article 15; |
| 3. | Survey, education, and publicity projects regarding vocational skills development projects; |
| 4. | Projects for developing and disseminating courses, media, methods, etc. of vocational skills development training; |
| 5. | Projects for nurturing and developing the abilities of vocational skills development teachers and persons in charge of development of human resources; |
| 6. | Other projects prescribed by Presidential Decree. |
[This Article Wholly Amended on May 31, 2010]
[Moved from Article 18 <May 31, 2010>]
| Article 11-3 (Required Financial Resources) |
Financial resources necessary to implement vocational skills development projects and to provide grants or loans for such projects under this Act shall be paid from the general account and the Employment Insurance Fund under the Employment Insurance Act. [This Article Wholly Amended on Dec. 31, 2008]
[Moved from Article 41 <May 31, 2010>]
| Article 11-4 (Promotion of International Cooperation) |
The Minister of Employment and Labor may conduct exchange and cooperative projects with international organizations, foreign governments, or foreign agencies, such as holding and participating in international conferences on training of skills and techniques and vocational skills development of foreigners, in relation to lifelong vocational skills development. <Amended on Jun. 4, 2010; Aug. 17, 2021>
[This Article Wholly Amended on Dec. 31, 2008]
[Moved from Article 19 <May 31, 2010>]
| Article 11-5 (Deliberation on and Coordination of Policies on Vocational Skills Development) |
For the purpose of establishing and coordinating main policies related to the vocational skills development; linkage and efficiency of projects related thereto; etc., the Employment Policy Deliberative Council established under Article 10 of the Framework Act on Employment Policy shall deliberate on the following matters: | 1. | Establishment of main policies and plans for vocational skills development; |
| 2. | Coordination of vocational skills development training conducted by a central administrative agency; local government; or person entrusted with the vocational skills development training by a central administrative agency or local government; |
| 3. | Survey and analysis of human resources and demands for vocational skills development training by region and industry, and the utilization of the results thereof; |
| 4. | Fostering of, and provision of support to, vocational skills development training establishments and vocational skills development teachers; |
| 5. | Suggestion of opinions as to improvement of vocational skills development training system; |
| 6. | Other matters tabled before the meeting of the chairperson concerning the vocational skills development. |
[This Article Newly Inserted on Jan. 27, 2016]
CHAPTER II SUPPORT. FOR EMPLOYEES' AUTONOMOUS VOCATIONAL SKILLS DEVELOPMENT
| Article 12 (Support for Vocational Skills Development Training) |
| (1) | The State and local governments may subsidize expenses to a person who conducts or receives vocational skills development training to create jobs and facilitate and stabilize the employment of citizens. In such cases, a person who falls under the subparagraphs of Article 3 (4) shall be given priority in subsidization: <Amended on May 31, 2010; Aug. 17, 2021> |
| 1. | Deleted; <Aug. 17, 2021> |
| 2. | Deleted; <Aug. 17, 2021> |
| 3. | Deleted; <May 31, 2010> |
| 4. | Deleted; <May 31, 2010> |
| 5. | Deleted; <May 31, 2010> |
| 6. | Deleted. <Aug. 17, 2021> |
| (2) | Persons eligible for vocational skills development training conducted under paragraph (1), requirements of training courses, training allowances, and other matters necessary for vocational skills development training shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Dec. 31, 2008]
[Title Amended on May 31, 2010; Aug. 17, 2021]
| Article 13 Deleted. <May 31, 2010> |
| Article 14 Deleted. <May 31, 2010> |
| Article 15 (Conducting Vocational Skills Development Training for Occupational Categories of Governmental Organizations and Strategic Industries) |
| (1) | The State and local governments may conduct vocational skills development training necessary for the efficient supply of and demand for human resources in the following occupational categories (hereinafter referred to as "occupational categories of governmental organizations and strategic industries"): <Amended on May 31, 2010; Jun. 4, 2010> |
| 1. | Occupational categories where human resources are in short supply from among key industries to the national economy; |
| 2. | Occupational categories where human resources are in short supply from among national strategic industries, including information and communication industry and automobile industry; |
| 3. | Other occupational categories where the need for training arises from a growing demand for workforce at industrial sites, as publicly announced by the Minister of Employment and Labor. |
| (2) | Criteria and procedures to select occupational categories of governmental organizations and strategic industries, persons eligible for training, requirements for training courses, training allowances, and other matters necessary for vocational skills development training shall be prescribed by Presidential Decree. <Amended on May 31, 2010> |
[This Article Wholly Amended on Dec. 31, 2008]
[Title Amended on May 31, 2010]
| Article 16 (Entrustment of Vocational Skills Development Training) |
| (1) | The State or local governments which intend to conduct vocational skills development training under Articles 12 and 15 may conduct such training by concluding an entrustment contract with any person prescribed by Presidential Decree. <Amended on May 31, 2010> |
| (2) | A person who has entrusted vocational skills development training under paragraph (1) may request correction or terminate the relevant entrustment contract, if the person entrusted with such training falls under any of the following subparagraphs: Provided, That where the person entrusted with such training falls under subparagraph 1 or 2, the relevant entrustment contract shall be terminated: <Amended on May 31, 2010; Aug. 17, 2021> |
| 1. | Where he or she is entrusted with the training by fraud or other improper means; |
| 2. | Where he or she receives or intends to obtain training fees by fraud or other improper means; |
| 3. | Where he or she conducts vocational skills development training in violation of an entrustment contract; |
| 4. | Where he or she fails to comply with a request for correction; |
| 5. | Where he or she fails to take measures under Article 10-2; |
| 6. | Where he or she fails to comply with an order to file a report or to submit materials under Article 58 or complies with such order by fraud. |
| (3) | With respect to anyone whose entrustment contract is terminated under paragraph (2) (excluding where training fees are less than the amount prescribed by Presidential Decree from among persons whose entrustment contracts are terminated due to a reason falling under paragraph (2) 2), the State or local governments need not entrust vocational skills development training under paragraph (1) nor recognize vocational skills development training course under Articles 19 and 24 for up to five years from the date of termination. <Amended on May 31, 2010> |
| (4) | Deleted. <May 31, 2010> |
| (5) | Deleted. <May 31, 2010> |
| (6) | Deleted. <May 31, 2010> |
| (7) | Details of entrustment contracts, standards of entrustment, requests for correction, termination of entrustment contracts, and other matters necessary to implement entrusted matters under paragraphs (1) through (3) shall be prescribed by Presidential Decree. <Amended on May 31, 2010> |
[This Article Wholly Amended on Dec. 31, 2008]
| Article 16 (Entrustment of Vocational Skills Development Training) |
| (1) | The State or local governments which intend to conduct vocational skills development training under Articles 12 and 15 may conduct such training by concluding an entrustment contract with any person prescribed by Presidential Decree. <Amended on May 31, 2010> |
| (2) | Anyone who has entrusted vocational skills development training under paragraph (1) may, if the person entrusted with such training falls under any of the following subparagraphs, request correction thereof or terminate the relevant entrustment contract: Provided, That where the person entrusted with such training falls under subparagraph 1 or 2, the relevant entrustment contract shall be terminated: <Amended on May 31, 2010; Aug. 17, 2021; Jan. 11, 2022> |
| 1. | Where he or she is entrusted with the training by fraud or other improper means; |
| 2. | Where he or she receives or intends to obtain training fees by fraud or other improper means; |
| 3. | Where he or she conducts vocational skills development training in violation of an entrustment contract; |
| 4. | Where he or she fails to comply with a request for correction; |
| 5. | Where he or she fails to take measures under Article 10-2; |
| 6. | Where he or she fails to comply with an order to file a report and to submit materials under Article 58, or complies with such order by fraud; |
| 7. | Where he or she refuses, obstructs, or evades the inspection of relevant documents by the access of a relevant public official under Article 58 or gives a false answer to questions. |
| (3) | With respect to anyone whose entrustment contract is terminated under paragraph (2) (excluding where training fees are less than the amount prescribed by Presidential Decree from among persons whose entrustment contracts are terminated due to a reason falling under paragraph (2) 2), the State or local governments need not entrust vocational skills development training under paragraph (1) nor recognize vocational skills development training course under Articles 19 and 24 for up to five years from the date of termination. <Amended on May 31, 2010> |
| (4) | Deleted. <May 31, 2010> |
| (5) | Deleted. <May 31, 2010> |
| (6) | Deleted. <May 31, 2010> |
| (7) | Details of entrustment contracts, standards of entrustment, requests for correction, termination of entrustment contracts, and other matters necessary to implement entrusted matters under paragraphs (1) through (3) shall be prescribed by Presidential Decree. <Amended on May 31, 2010> |
[This Article Wholly Amended on Dec. 31, 2008]
[Enforcement Date: Dec. 12, 2023] Article 16
| Article 17 (Support for Autonomous Vocational Skills Development by Employees) |
| (1) | The Minister of Employment and Labor may provide employees with subsidies or loans to cover expenses specified in each of the following subparagraphs to support autonomous vocational skills development of employees in office: <Amended on May 31, 2010; Jun. 4, 2010; Aug. 17, 2021> |
| 1. | Fees for taking vocational skills development training courses recognized by the Minister of Employment and Labor under Article 19; |
| 2. | Tuition fees and other payments for a training course that is deemed equivalent to, or higher than, junior colleges under the Higher Education Act; |
| 3. | Other costs similar to those provided in subparagraphs 1 and 2, those prescribed by Presidential Decree; |
| 4. | Deleted. <May 31, 2010> |
| (2) | Where the Minister of Employment and Labor provides employees with subsidies and loans under paragraph (1), he or she may give preferential treatment to employees falling under each of the following subparagraphs: <Amended on Jun. 4, 2010> |
| 1. | Employees hired by enterprises meeting the standards determined by Presidential Decree; |
| 2. | Employees prescribed by Presidential Decree from among employees under Article 3 (4) 9 or 10. |
| (3) | Necessary matters concerning requirements, details, procedures, levels of subsidies or loans, and preferential support under paragraphs (1) and (2) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Dec. 31, 2008]
[Moved from Article 21; Previous Article 17 Deleted]
| Article 18 (Issuance and Operation of Accounts for Vocational Skills Development) |
| (1) | In order to support citizens with their autonomous vocational skills development pursuant to Articles 12 and 17, the Minister of Employment and Labor may issue an account to provide subsidies for vocational skills development training (hereinafter referred to as "account for vocational skills development"), and operate a system to comprehensively manage their vocational skills development history: <Amended on Feb. 1, 2012; Aug. 17, 2021> |
| 1. | Deleted; <Aug. 17, 2021> |
| 2. | Deleted. <Aug. 17, 2021> |
| (2) | The Minister of Employment and Labor shall perform the following matters to ensure that citizens who open an account for vocational skills development receive necessary vocational skills development training by using the account for vocational skills development: <Amended on Feb. 1, 2012; Mar. 31, 2020; Aug. 17, 2021> |
| 1. | Provision of information on vocational skills development training courses (hereinafter referred to as "training course fit for the account") for which training costs are paid from the account for vocational skills development; |
| 2. | Consulting and counseling on vocational skills development. |
| (3) | The Minister of Employment and Labor may provide support for job and career counseling and career development to a person who opens an account for vocational skills development. <Newly Inserted on Aug. 17, 2021> |
| (4) | Issuance of an account for vocational skills development, provision of information on training courses fit for the account, diagnosis and counseling on vocational skills development, and other matters necessary for operation of the accounts for vocational skills development under paragraphs (1) and (2) shall be prescribed by Presidential Decree. <Amended on Mar. 31, 2020; Aug. 17, 2021> |
[This Article Wholly Amended on May 31, 2010]
[Moved from Article 21-2; previous Article 18 moved to Article 11-2 <May 31, 2010>]
| Article 19 (Recognition of, or Revocation of Recognition of Vocational Skills Development Training Courses and Training Courses Fit for Account) |
| (1) | A person who intends to conduct vocational skills development training that can be subsidized or loaned for training expenses under Article 17 (1) 1 and who intends to operate a training course fit for the account shall obtain recognition for the vocational skills development training course (including the training course fit for the account; hereafter the same shall apply in this Article) from the Minister of Employment and Labor. <Amended on Feb. 1, 2012; Aug. 17, 2021> |
| (2) | Where a person who has obtained recognition for the vocational skills development training course under paragraph (1) falls under any of the following cases, the Minister of Employment and Labor may issue a corrective order or revoke the recognition of such training course: Provided, That where he or she falls under subparagraphs 1 through 4, the recognition shall be revoked: <Amended on Feb. 1, 2012; Aug. 17, 2021> |
| 1. | Where he or she obtains recognition under paragraph (1) by fraud or other improper means; |
| 2. | Where he or she obtain or intends to obtain subsidies or loans to cover training costs by fraud or other improper means; |
| 3. | Where he or she collects or intends to collect costs from employees taking vocational skills development training courses by fraud or other improper means; |
| 4. | Where he or she has employees taking vocational skills development training courses obtain subsidies or loans to cover training costs by fraud or other improper means; |
| 5. | Where he or she conducts vocational skills development training in violation of the details of recognition granted under paragraph (1); |
| 6. | Where he or she fails to comply with a corrective order; |
| 7. | Where he or she fails to take measures under Article 10-2; |
| 8. | Where he or she fails to comply with an order to file a report or to submit materials under Article 58 or has complied with such order by fraud. |
| (3) | The Minister of Employment and Labor may elect to neither entrust vocational skills development training under Article 16 (1) to anyone for whom the recognition is revoked under paragraph (2) (excluding where costs that he or she has spent are less than the amount prescribed by Presidential Decree, among persons who fall under paragraph (2) 2 through 4 and thus their recognition is revoked) nor recognize thereof under paragraph (1) and Article 24 for up to five years from the date of revocation. |
| (4) | The scope of, requirements for, details and period of validity of the recognition for vocational skills development training courses under paragraph (1), and other necessary matters shall be prescribed by Presidential Decree. |
| (5) | Detailed standards for corrective orders and revocation of recognition under paragraphs (2) and (3), the specific period for which recognition is restricted on the grounds of revocation of recognition, and other necessary matters shall be prescribed by Ordinance of the Ministry of Employment and Labor. <Amended on Feb. 1, 2012> |
[This Article Newly Inserted on May 31, 2010]
[Previous Article 19 moved to Article 11-4 <May 31, 2010>]
| Article 19 (Approval of, or Revocation of Approval of Vocational Skills Development Training Courses and Training Courses Fit for Account) |
| (1) | A person who intends to conduct vocational skills development training that can be subsidized or loaned for training expenses under Article 17 (1) 1 and who intends to operate a training course fit for the account shall obtain recognition for the vocational skills development training course (including the training course fit for the account; hereafter the same shall apply in this Article) from the Minister of Employment and Labor. <Amended on Feb. 1, 2012; Aug. 17, 2021> |
| (2) | Where a person who has obtained recognition for the vocational skills development training course under paragraph (1) falls under any of the following cases, the Minister of Employment and Labor may issue a corrective order or revoke recognition for such training course: Provided, That where he or she falls under subparagraphs 1 through 4, the recognition shall be revoked: <Amended on Feb. 1, 2012; Aug. 17, 2021; Jan. 11, 2022> |
| 1. | Where he or she obtains recognition under paragraph (1) by fraud or other improper means; |
| 2. | Where he or she obtains or intends to obtain subsidies or loans to cover training costs by fraud or other improper means; |
| 3. | Where he or she collects or intends to collect costs from employees taking vocational skills development training courses by fraud or other improper means; |
| 4. | Where he or she has employees taking vocational skills development training courses obtain subsidies or loans to cover training costs by fraud or other improper means; |
| 5. | Where he or she conducts vocational skills development training in violation of the details of recognition granted under paragraph (1); |
| 6. | Where he or she has failed to comply with a corrective order; |
| 7. | Where he or she fails to take measures under Article 10-2; |
| 8. | Where he or she fails to comply with an order to file a report and to submit materials under Article 58, or complies with such order by fraud; |
| 9. | Where he or she refuses, obstructs, or evades an inspection of relevant documents by access of relevant public officials under Article 58 or gives a false answer to questions. |
| (3) | The Minister of Employment and Labor may elect to neither entrust vocational skills development training under Article 16 (1) to anyone for whom the recognition is revoked under paragraph (2) (excluding where costs that he or she has spent are less than the amount prescribed by Presidential Decree, among persons who fall under paragraph (2) 2 through 4 and thus their recognition is revoked) nor recognize thereof under paragraph (1) and Article 24 for up to five years from the date of revocation. |
| (4) | The scope of, requirements for, details and period of validity of the recognition for vocational skills development training courses under paragraph (1), and other necessary matters shall be prescribed by Presidential Decree. |
| (5) | Detailed standards for corrective orders and revocation of recognition under paragraphs (2) and (3), the specific period for which recognition is restricted on the grounds of revocation of recognition, and other necessary matters shall be prescribed by Ordinance of the Ministry of Employment and Labor. <Amended on Feb. 1, 2012> |
[This Article Newly Inserted on May 31, 2010]
[Previous Article 19 moved to Article 11-4 <May 31, 2010>]
[Enforcement Date: Dec. 12, 2023] Article 19
CHAPTER III SUPPORT FOR VOCATIONAL SKILLS DEVELOPMENT PROJECTS BY BUSINESS OWNERS
| Article 20 (Support to Vocational Skills Development for Business Owners, Organizations of Business Owners) |
| (1) | The Minister of Employment and Labor may provide or loan money to business owners, business owners' association, employees' organizations, or its alliances that conduct any of the following vocational skills development projects (hereinafter referred to as "business owners' association, etc.") to cover expenses incurred in connection with the projects: <Amended on May 31, 2010; Jun. 4, 2010> |
| 1. | Vocational skills development training for employees (including where business owners' association, etc. conduct the training by entrusting it to another entity); |
| 2. | Qualification examination projects for employees; |
| 3. | Vocational skills development projects conducted jointly with enterprises under Article 19 (2) of the Employment Insurance Act (hereinafter referred to as "enterprises eligible for preferential support") or small and medium enterprises for employees, etc. who work for enterprises eligible for preferential support or small and medium enterprises; |
| 4. | Projects for establishing and repairing facilities (including dormitories), equipment, machinery, and materials necessary for vocational skills development training; |
| 5. | Projects for investigating and studying vocational skills development, the course providing vocational skills development training, developing and supplying media, etc.; |
| 6. | Deleted; <May 31, 2010> |
| 7. | Other projects prescribed by Presidential Decree. |
| (2) | Where the Minister of Employment and Labor provides business owners or business owners' association, etc. with subsidies or loans under paragraph (1), he or she may preferentially treat any business owner or business owners' association, etc. who conduct any of the following vocational skills development projects: <Amended on May 31, 2010; Jun. 4, 2010; Jan. 20, 2015> |
| 1. | Vocational skills development training conducted for employees other than their own employees; |
| 2. | Vocational skills development training for occupational categories of governmental organizations and strategic industries; |
| 3. | Vocational skills development training conducted according to the master plan for the education, training, and ability development of employees decided by the labor-management council under Article 21 of the Act on the Promotion of Employees' Participation and Cooperation (referring to vocational skills development training conducted according to a training plan established in consultation with a labor union or a representative of a majority of employees if a labor-management council does not exist); |
| 4. | Vocational skills development training conducted by granting paid leave (excluding monthly or annual paid leave under the Labor Standards Act); |
| 5. | Vocational skills development projects falling under paragraph (1) 3; |
| 6. | Vocational skills development projects conducted by business owners of enterprises meeting the standards determined by Presidential Decree; |
| (3) | Necessary matters concerning requirements, details, procedures, levels of subsidies or loans, and preferential support under paragraphs (1) and (2) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Dec. 31, 2008]
[Title Amended on May 31, 2010]
| Article 21 (Prohibition of Provision of Improper Economic Benefits Related to Entrustment of Vocational Skills Development Training) |
| (1) | No person who intends to conduct vocational skills development training after being entrusted therewith under Article 20 (including a representative of a corporation, director, or other person who engages therein; hereafter the same shall apply in this Article) shall provide money, articles, entertainment or other economic benefits (hereinafter referred to as “economic benefits, etc.”) to business owner or business owners’ organization, etc. (including a representative of a corporation, director, or other person who engages therein; hereafter the same shall apply in this Article) for the purpose of concluding an entrustment contract for the training. |
| (2) | No business owner, business owners' association, etc. shall receive economic benefits, etc. for the purpose of concluding an entrustment contract for the training from a person who intends to conduct vocational skills development training after being entrusted therewith under Article 20. |
[This Article Newly Inserted on Mar. 31, 2020]
| Article 22 (Support for Vocational Skills Development Projects by Industry Category) |
| (1) | Where a consultative body on human resources development for each industry, a employees' organization, or an employers' organization, etc. conducts any of the following vocational skills development projects, the Minister of Employment and Labor may provide subsidies and loans necessary to cover the project costs to promote vocational skills development projects: <Amended on May 31, 2010; Jun. 4, 2010; Jan. 27, 2016> |
| 1. | Inspection and analysis of the industry-specific demand for and supply of human resources and demand for vocational skills development training; |
| 2. | Development and dissemination of qualifications and standards of vocational skills development training; |
| 3. | Projects to develop, supplement, and disseminate vocational skills development training media, courses, etc.; |
| 4. | Deleted; <May 31, 2010> |
| 5. | Deleted; <May 31, 2010> |
| 6. | Other vocational skills development projects prescribed by Presidential Decree as being equivalent to those referred to in subparagraphs 1 through 3. |
| (2) | Matters necessary for requirements, details, procedures, and levels of subsidies and loans under paragraph (1) shall be prescribed by Presidential Decree. <Amended on May 31, 2010> |
| (3) | Deleted. <May 31, 2010> |
[This Article Wholly Amended on Dec. 31, 2008]
[Title Amended on Jan 27, 2016]
| Article 22-2 (Composition and Operation of Regional Human Resources Development Committees) |
| (1) | In order to deliberate on the following matters, the Minister of Employment and Labor may establish and operate a regional human resources development committee in each region (hereinafter referred to as "regional human resources development committee"): |
| 1. | Formulation of master plans for training of regional human resources; |
| 2. | Survey of demands of human resources in the region and their education and training; |
| 3. | Survey of current state of regional education and training institutions and their education and training courses; |
| 4. | Allocation and coordination of financial resources related to the development of human resources in the region; |
| 5. | Connection and evaluation of human resources training projects in the region; |
| 6. | Suggestion of opinions for the improvement of efficiency of human resources training projects conducted by a central administrative agency or a local government in the relevant region and for the reflection of budget therefor; |
| 7. | Other matters prescribed by Presidential Decree as those necessary for the vitalization of development of human resources in the region. |
| (2) | Composition and operation of regional human resources development committees and other necessary matters shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Jan. 27, 2016]
| Article 22-3 (Support for Regional Human Resources Development Committees) |
| (1) | The Minister of Employment and Labor or the head of a local government may fully or partially subsidize expenses incurred in operating a regional human resources development committee, within budgetary limits. |
| (2) | In promoting a human resources training project, or establishing a plan therefor, at regional level, the head of a central administrative agency, the head of a local government, etc. shall hear the opinion of the relevant regional human resources development committee. |
| (3) | The Minister of Employment and Labor may designate a specialized research institute to assist in the survey of demand for education and training and the formulation of master plans for development of human resources conducted by a regional human resources development committee. |
[This Article Newly Inserted on Jan. 27, 2016]
| Article 22-3 (Support for Regional Human Resources Development Committees) |
| (1) | The Minister of Employment and Labor or the head of a local government may fully or partially subsidize expenses incurred in operating a regional human resources development committee, within budgetary limits. |
| (2) | In promoting a human resources training project, or establishing a plan therefor, at regional level, the head of a central administrative agency, the head of a local government, etc. shall hear the opinion of the relevant regional human resources development committee. |
| (3) | The Minister of Employment and Labor may designate a specialized research institute to assist in the survey of demand for education and training and the formulation of master plans for development of human resources conducted by a regional human resources development committee. |
| (4) | The Minister of Employment and Labor may subsidize expenses incurred in the operation, etc. of specialized research institutes designated pursuant to paragraph (3). <Newly Inserted on Jan. 11, 2022> |
| (5) | Matters necessary for the subject matters of designation under paragraph (3) and the operation, etc. thereof shall be prescribed by Presidential Decree. <Newly Inserted on Jan. 11, 2022> |
[This Article Newly Inserted on Jan. 27, 2016]
[Enforcement Date: Oct. 12, 2023] Article 22-3
| Article 23 (Support for Vocational Skills Development Projects by Vocational Skills Development Organizations) |
| (1) | The Minister of Employment and Labor may subsidize or loan costs required for vocational skills development projects conducted by the non-profit corporations or non-profit organizations prescribed by Presidential Decree (hereinafter referred to as "vocational skills development organizations"). <Amended on Jun. 4, 2010> |
| (2) | Necessary matters concerning the requirements, details, procedures and levels of subsidies or loans referred to in paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Dec. 31, 2008]
| Article 23-2 (Keeping Documents concerning Subsidies and Loans) |
| (1) | Anyone who has obtained subsidies or loans to cover costs of vocational skills development training under Articles 12, 20, 22, and 23 (including any person who conducts vocational skills development training after being entrusted therewith) and anyone who intends to conduct vocational skills development training, fees for which may be subsidized or loaned to employees under Article 17 (1) 1 shall keep relevant documents determined by Ordinance of the Ministry of Employment and Labor for three years: Provided, That the period for keeping documents concerning subsidies and loans to cover costs incurred in the establishment and repair of facilities (including dormitories), equipment, instruments, and materials to conduct vocational skills development training shall be determined by Ordinance of the Ministry of Employment and Labor within 10 years. <Amended on May 31, 2010; Jun. 4, 2010> |
[This Article Newly Inserted on Dec. 31, 2008]
| Article 24 (Recognition or Revocation of Recognition of Vocational Skills Development Training Courses) |
| (1) | Anyone who intends to conduct vocational skills development training under Articles 20 and 23 (including any person who conducts vocational skills development training after being entrusted therewith) shall obtain recognition for the relevant vocational skills development training courses from the Minister of Employment and Labor. <Amended on May 31, 2010; Jun. 4, 2010> |
| (2) | If anyone who has obtained recognition for vocational skills development training course under paragraph (1) falls under any of the following cases, the Minister of Employment and Labor may issue a corrective order or revoke the recognition of the relevant training course: Provided, That where he or she falls under subparagraphs 1 through 4 and 4-2, the recognition shall be revoked: <Amended on May 31, 2010; Feb. 1, 2012; Mar. 31, 2020; Aug. 17, 2021> |
| 1. | Where he or she has obtained recognition under paragraph (1) by fraud or other improper means; |
| 2. | Where he or she has obtained or intends to obtain subsidies or loans by fraud or other improper means; |
| 3. | Where he or she has collected or intends to collect costs from a business owner, business owners' association, etc. who has entrusted vocational skills development training, by fraud or other improper means; |
| 4. | Where a business owner or business owners' association, etc. who has entrusted vocational skills development training has him or her obtain subsidies or loans for training costs by fraud or other improper means; |
| 4-2. | Where he or she has offered any economic benefits, etc., in violation of Article 21 (1); |
| 5. | Where he or she has conducted vocational skills development training in violation of the details of recognition granted under paragraph (1); |
| 6. | Where he or she has failed to comply with a corrective order; |
| 7. | Where he or she has failed to take measures under Article 10-2; |
| 8. | Where he or she has failed to comply with an order to report and to submit materials under Article 58, or has complied with such order by fraud. |
| (3) | The Minister of Employment and Labor may elect to neither entrust the vocational skills development training under Article 16 (1) to anyone for whom the recognition is revoked under paragraph (2) (excluding where costs that he or she has spent are less than the amount prescribed by Presidential Decree among persons who fall under paragraph (2) 2 through 4and thus the recognition is revoked) nor grant recognition under paragraph (1) and Article 19 for up to five years from the date of revocation. <Newly Inserted on May 31, 2010> |
| (4) | The scope of, requirements for, details and period of validity of the recognition for vocational skills development training courses under paragraphs (1), and other necessary matters shall be prescribed by Presidential Decree. <Newly Inserted on May 31, 2010> |
| (5) | Detailed standards for corrective orders and revocation of recognition under paragraphs (2) and (3), the specific period for which recognition is restricted on the grounds of revocation of recognition, and other necessary matters shall be prescribed by Ordinance of the Ministry of Employment and Labor. <Newly Inserted on May 31, 2010; Feb. 1, 2012> |
[This Article Wholly Amended on Dec. 31, 2008]
[Title Amended on May 31, 2010]
| Article 24 (Recognition or Revocation of Recognition of Vocational Skills Development Training Courses) |
| (1) | Anyone who intends to conduct vocational skills development training under Articles 20 and 23 (including any person who conducts vocational skills development training after being entrusted therewith) shall obtain recognition for the relevant vocational skills development training courses from the Minister of Employment and Labor. <Amended on May 31, 2010; Jun. 4, 2010> |
| (2) | If anyone who has obtained recognition for vocational skills development training course under paragraph (1) falls under any of the following cases, the Minister of Employment and Labor may issue a corrective order or revoke the recognition for the relevant training course: Provided, That where he or she falls under subparagraphs 1 through 4 and 4-2, the recognition shall be revoked: <Amended on May 31, 2010; Feb. 1, 2012; Mar. 31, 2020; Aug. 17, 2021; Jan. 11, 2022> |
| 1. | Where he or she has obtained recognition under paragraph (1) by fraud or other improper means; |
| 2. | Where he or she has obtained or intends to obtain subsidies or loans by fraud or other improper means; |
| 3. | Where he or she has collected or intends to collect costs from a business owner, business owners' association, etc. who has entrusted vocational skills development training, by fraud or other improper means; |
| 4. | Where a business owner or business owners' association, etc. who has entrusted vocational skills development training has him or her obtain subsidies or loans for training costs by fraud or other improper means; |
| 4-2. | Where he or she has offered any economic benefits, etc., in violation of Article 21 (1); |
| 5. | Where he or she has conducted vocational skills development training in violation of the details of recognition granted under paragraph (1); |
| 6. | Where he or she has failed to comply with a corrective order; |
| 7. | Where he or she has failed to take measures under Article 10-2; |
| 8. | Where he or she has failed to comply with an order to report and to submit materials under Article 58, or has complied with such order by fraud; |
| 9. | Where a public official refuses, obstructs, or evades the inspection of relevant documents by access of relevant public officials under Article 58 or gives a false answer to questions. |
| (3) | The Minister of Employment and Labor may elect to neither entrust the vocational skills development training under Article 16 (1) to anyone for whom the recognition is revoked under paragraph (2) (excluding where costs that he or she has spent are less than the amount prescribed by Presidential Decree among persons who fall under paragraph (2) 2 through 4 and thus the recognition is revoked) nor grant recognition under paragraph (1) and Article 19 for up to five years from the date of revocation. <Newly Inserted on May 31, 2010> |
| (4) | The scope of, requirements for, details and period of validity of the recognition for vocational skills development training courses under paragraphs (1), and other necessary matters shall be prescribed by Presidential Decree. <Newly Inserted on May 31, 2010> |
| (5) | Detailed standards for corrective orders and revocation of recognition under paragraphs (2) and (3), the specific period for which recognition is restricted on the grounds of revocation of recognition, and other necessary matters shall be prescribed by Ordinance of the Ministry of Employment and Labor. <Newly Inserted on May 31, 2010; Feb. 1, 2012> |
[This Article Wholly Amended on Dec. 31, 2008]
[Title Amended on May 31, 2010]
[Enforcement Date: Dec. 12, 2023] Article 24
[Article 25 moved to Article 55 <May 31, 2010>]
[Article 26 moved to Article 56 <May 31, 2010>]
CHAPTER IV VOCATIONAL SKILLS DEVELOPMENT TRAINING CORPORATIONS, VOCATIONAL SKILLS DEVELOPMENT TRAINING ESTABLISHMENTS, AND VOCATIONAL SKILLS DEVELOPMENT TEACHERS
| Article 27 (Setting up Public Occupational Training Establishments) |
| (1) | The State, local governments, or public organizations may set up and operate public occupational training establishments. In such cases, where the State or local government intends to set up any public occupational training establishment, it shall consult with the Minister of Employment and Labor thereon, and where public organization intends to set up a public occupational training establishment, it shall obtain approval therefor from the Minister of Employment and Labor. <Amended on May 31, 2010; Feb. 1, 2012> |
| (2) | Where any public occupational training establishment approved pursuant to paragraph (1) falls under any of the following cases, the Minister of Employment and Labor may revoke approval therefor: Provided, That where it falls under subparagraph 1, approval therefor shall be revoked: <Amended on Jun. 4, 2010> |
| 1. | Where any public occupational training establishment has obtained approval by fraud or other improper means; |
| 2. | Where any public occupational training establishment has failed to conduct training for at least one year without good cause; |
| 3. | Where any public occupational training establishment has violated this Act or any order issued under this Act. |
| (3) | The Minister of Employment and Labor may request relevant agencies to submit necessary materials regarding the operation of public occupational training establishments set up by the State, a local government, or public organization. <Newly Inserted on May 31, 2010; Feb. 1, 2012> |
| (4) | Necessary matters concerning procedures for consultation and approval under paragraph (1) and other matters shall be prescribed by Presidential Decree. <Amended on May 31, 2010; Jun. 4, 2010> |
[This Article Wholly Amended on Dec. 31, 2008]
| Article 28 (Designated Occupational Training Establishments) |
| (1) | Anyone who intends to set up and operate any designated occupational training establishment shall obtain designation from the Minister of Employment and Labor by satisfying each of the following requirements: Provided, That where any business owner or any business owners' association, etc. that operates an exclusive institution for vocational skills development training of his,her, or its employees, etc. intends to obtain designation, the requirements referred to in subparagraphs 2 and 3 need not be satisfied, and where any person who intends to conduct vocational skills development training after being entrusted therewith, intends to obtain designation, the requirement in subparagraph 3 need not be satisfied, respectively: <Amended on Jun. 4, 2010; Jan. 27, 2016> |
| 1. | He or she shall have adequate human resources, facilities, equipment, etc. to properly operate the relevant training establishment; |
| 2. | He or she shall have career experience in educational training that allows him or her to manage the relevant training establishment appropriately; |
| 3. | He or she shall hire at least one vocational skills development teacher related to the occupational category targeted by the training under Article 33, for each occupational category in question: Provided, That the same shall not apply to where vocational skills development teachers related to the occupational category targeted by the training have not been determined yet; |
| 4. | He or she shall meet the requirements prescribed by Presidential Decree as necessary to manage a vocational skills development training establishment. |
| (2) | Where anyone intends to change matters prescribed by Presidential Decree from among the details designated under paragraph (1), he or she shall obtain designation for changes from the Minister of Employment and Labor. <Amended on Jun. 4, 2010> |
| (3) | Where anyone who has obtained designation under paragraph (1) has failed to conduct vocational skills development training at the relevant institution for at least three months or to close the institution or intends to change the details of the requirements for designation under subparagraphs of paragraph (1) (excluding the details subject to the designation for change where he or she intends to change under paragraph (2)), he or she shall report to the Minister of Employment and Labor. <Amended on Jun. 4, 2010; Mar. 31, 2020> |
| (4) | Necessary matters concerning details of designation, detailed standards, procedures, etc. of designation, designation for changes and reporting under paragraphs (1) through (3) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Dec. 31, 2008]
| Article 29 (Grounds for Disqualification) |
No one who intends to receive designation as a vocational skills development training establishment under Article 28 shall be qualified for designation under Article 28 if he or she falls under any of the following subparagraphs: <Amended by May 31, 2010; Jan. 20, 2015; Jan. 27, 2016> | 1. | Any person under adult guardianship or under limited guardianship, or minor; |
| 2. | Any person who was declared bankrupt and is not reinstated; |
| 3. | Any person who has been sentenced to imprisonment without labor or greater punishment and for whom two years have not yet lapsed since the date the execution of such sentence was complete or the exemption of the execution of such sentence was made definite (including where the execution of the sentence is deemed completed); |
| 4. | Any person who is under suspension of the execution of sentence of his or her imprisonment without labor or greater punishment; |
| 5. | Any person who is disqualified, or whose qualification is suspended by a court; |
| 6. | Any person for whom one year has not yet lapsed from the date the designation of the occupational training establishment was revoked under Article 31 (1) 1 or 4 through 8 or any person under suspension of the disposition to suspend vocational skills development training; |
| 7. | Any person who has been subjected to a disposition to revoke the authorization for establishing a lifelong educational establishment or the registration thereof under Article 42 (1) 1, 3 or 5 of the Lifelong Education Act and for whom one year has not yet lapsed since the date on which such authorization or such registration was revoked or any person under suspension of the disposition to suspend operating lifelong educational courses; |
| 8. | Any person who has been subject to a disposition to delete the registration of a private teaching institute or to close a teaching school under Article 17 of the Act on the Establishment and Operation of Private Teaching Institutes and Extracurricular Lessons and for whom one year has not yet lapsed since the date on which such disposition was taken or any person under suspension of the disposition to suspend operating a private teaching institute or teaching school; |
| 9. | Any person who is subject to restrictions on entrustment under Article 16 (3), or restrictions on recognition under Article 19 (3) and 24 (3); |
| 10. | Any corporation, an executive officer of which falls under any of subparagraphs 1 through 9. |
[This Article Wholly Amended on Dec. 31, 2008]
| Article 30 (Training Fees) |
| (1) | A person who operates a designated occupational training establishment may receive training fees from trainees. <Amended on Aug. 17, 2021> |
| (2) | A person who operates a designated occupational training establishment shall take measures necessary to protect trainees, such as refund of training fees, if trainees are unable to continue to receive vocational skills development training or the operator cannot continue to conduct vocational skills development training on the grounds of revocation of designation, business closure, etc. <Amended on Aug. 17, 2021> |
| (3) | Necessary matters concerning the grounds for returning training fees, the amount of return, etc. under paragraph (2) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Dec. 31, 2008]
| Article 31 (Revocation of Designation of Designated Occupational Training Establishments) |
| (1) | Where a designated occupational training establishment under Article 28 falls under any of the following cases, the Minister of Employment and Labor may issue a corrective order, revoke its designation, or order the suspension of vocational skills development training for a specified period not exceeding one year: Provided, That where it falls under subparagraph 2 or 4 (limited to cases falling under any of subparagraphs 1 through 8 of Article 29), its designation shall be revoked: <Amended on Jun. 4, 2010; Feb. 1, 2012; Jan. 27, 2016; Aug. 17, 2021> |
| 2. | Where it obtains designation under Article 28 by fraud or other improper means; |
| 3. | Where it fails to meet the requirements for designation under Article 28 (including cases where the relevant establishment can no longer be used for the purpose of vocational training due to an administrative disposition issued for violation of the Building Act or other statutes or regulations); |
| 4. | Where it falls under any subparagraph of Article 29; |
| 5. | Where it fails to continue to conduct vocational skills development training for at least one year without good cause; |
| 6. | Where it operates a designated occupational training establishment by improper means, such as changing details of designation without obtaining the designation for change; |
| 7. | Where it places exaggerated or false advertisement when recruiting trainees; |
| 8. | Where it fails to comply with any corrective order; |
| 9. | Where it violates this Act or any order issued under this Act. |
| (2) | Detailed standards for corrective orders, the revocation of designation, and disposition of suspension under paragraph (1) shall be prescribed by Presidential Decree, taking into account the grounds for the disposition and the severity of the relevant violation, etc. <Amended on Jun. 4, 2010; Feb. 1, 2012> |
[This Article Wholly Amended on Dec. 31, 2008]
| Article 32 (Establishment of Corporations for Vocational Skills Development Training) |
| (1) | The Minister of Employment and Labor may grant permission to establish a non-profit corporation (hereinafter referred to as "vocational skills development training corporation") which intends to implement vocational skills development projects falling under any of the following subparagraphs: <Amended on Jun. 4, 2010> |
| 1. | Vocational skills development training; |
| 2. | Survey and research projects to develop employees' vocational skills; |
| 3. | Projects to develop and disseminate vocational skills development training media, courses, etc. |
| (2) | Where any corporation for vocational skills development training under paragraph (1) falls under any of the following subparagraphs, the Minister of Employment and Labor may issue a corrective order or revoke permission to establish the relevant corporation: Provided, That where it falls under any of subparagraphs 1 through 3, permission therefor shall be revoked: <Amended on May 31, 2010; Jun. 4, 2010> |
| 1. | Where it has obtained permission for establishment by fraud or other improper means; |
| 2. | Where it has violated terms and conditions of permission for establishment; |
| 3. | Where it is impossible to achieve its objectives; |
| 4. | Where it has implemented projects other than the intended projects; |
| 5. | Where it has been subject to restrictions on entrustment under Article 16 (3) and on recognition under Article 19 (3) and 24 (3) or its designation as a designated occupational training establishment is revoked under Article 31 (1); |
| 6. | Where it has violated this Act or any order issued under this Act or the articles of association; |
| 7. | Where it has failed to commence an intended project without good cause within six months from the date its permission for establishment is granted or has filed to perform a project for at least one year. |
| (3) | Where any corporation for vocational skills development training falls under any of the following subparagraphs while performing any profit-making project, the Minister of Employment and Labor may order the relevant corporation for vocational skills development training to correct or suspend such profit-making project: <Amended on Jun. 4, 2010> |
| 1. | Where it has used earnings for projects other than the intended project; |
| 2. | Where the continuation of the relevant project is recognized as a violation of the objectives of the corporation for vocational skills development training. |
| (4) | Necessary matters to be provided in the articles of association of the corporation for vocational skills development training and requirements, standards, etc. for permission, shall be prescribed by Presidential Decree. |
| (5) | The provisions governing incorporated foundations under the Civil Act shall apply mutatis mutandis to matters not provided for in this Act concerning corporations for vocational skills development training. |
[This Article Wholly Amended on Dec. 31, 2008]
| Article 32-2 (Special Cases concerning Dissolution of Corporations for Vocational Skills Development Training) |
| (1) | Where any corporation for vocational skills development training intends to convert itself into a designated occupational training establishment for the purpose of making profits, it may dissolve itself by obtaining permission from the Minister of Employment and Labor, notwithstanding Article 77 of the Civil Act. <Amended on Jun. 4, 2010> |
| (2) | Any corporation for vocational skills development training which intends to obtain permission from the Minister of Employment and Labor under paragraph (1) shall submit to the Minister of Employment and Labor, an application for permission for dissolution, along with a plan for disposal of residual assets. <Amended on Jun. 4, 2010> |
| (3) | Dissolution under paragraph (1) and a plan for disposal of residual assets under paragraph (2) shall require consent of no less than 2/3 of its directors. |
| (4) | Any corporation for vocational skills development training to be dissolved under paragraph (1) may, notwithstanding Article 80 of the Civil Act, revert all or part of the residual assets to any person determined by the plan for disposal of residual assets. In such cases, a person to whom the residual assets have been reverted shall not dispose of or change the said assets for any purpose other than for vocational skills development training for 10 years from the date the assets are reverted. |
| (5) | The Minister of Employment and Labor may collect an amount not exceeding that equivalent to the assets disposed of or changed or order to restore it to the original state from or to anyone who violates the latter part of paragraph (4), as prescribed by Presidential Decree. <Amended on Jun. 4, 2010> |
| (6) | Deleted. <Jan. 27, 2016> |
| (7) | Article 56 (5) shall apply mutatis mutandis to anyone who fails to pay the amount of collection by the deadline after being ordered to do so under paragraph (5). <Amended on May 31, 2010; Mar. 31, 2020> |
| (8) | Matters necessary for the management, etc. of assets reverted under paragraph (4) shall be determined by Ordinance of the Ministry of Employment and Labor. <Amended on Jun. 4, 2010; Jan. 27, 2016> |
[This Article Wholly Amended on Dec. 31, 2008]
| Article 33 (Vocational Skills Development Teachers) |
| (1) | Vocational skills development teachers and other persons with expertise in the relevant fields, who are prescribed by Presidential Decree, (hereinafter referred to as "vocational skill development teacher, etc.") may teach trainees for vocational skills development training. <Amended on Mar. 31, 2020; Aug. 17, 2021> |
| (2) | Anyone who intends to become a vocational skills development teacher shall comply with the standards prescribed by Presidential Decree, such as completion of training courses for educating vocational skills development teachers under Article 36, and obtain a certificate of qualification as a vocational skills development teacher from the Minister of Employment and Labor. <Amended on Jun. 4, 2010> |
| (3) | Anyone who intends to obtain a certificate of qualifications as a vocational skills development teacher under paragraph (2) shall pay a fee as prescribed by Ordinance of the Ministry of Employment and Labor. <Newly Inserted on May 31, 2010; Feb. 1, 2012> |
| (4) | A certificate of qualification issued under paragraph (2) shall not be borrowed from or lent to other persons, and such acts shall not be recommended. <Newly Inserted on Mar. 31, 2020> |
| (5) | The types, grades, and standards for qualifications of vocational skills development teachers, and other necessary matters concerning vocational skills development teachers shall be prescribed by Presidential Decree. <Amended on May 31, 2010; Mar. 31, 2020> |
[This Article Wholly Amended on Dec. 31, 2008]
| Article 34 (Grounds for Disqualification) |
Anyone who falls under any of the following subparagraphs shall not be qualified as a vocational skills development teacher provided for in Article 33: <Amended on Jan. 20, 2015> | 1. | Any person under adult guardianship or under limited guardianship; |
| 2. | Any person who has been sentenced to imprisonment without labor or heavier punishment and for whom two years have not yet lapsed since the date the execution of such sentence is terminated or exempted (including where the execution of the sentence is deemed to have been terminated); |
| 3. | Any person under a grace period after having been sentenced to a suspended sentence of imprisonment without labor or heavier punishment; |
| 4. | Any person who is disqualified, or whose qualification is suspended according to a court ruling; |
| 5. | Any person for whom three years have not yet lapsed since his or her qualifications have been revoked under Article 35 (1) 1, 3 or 4. |
[This Article Wholly Amended on Dec. 31, 2008]
| Article 35 (Revocation of Qualifications of Teachers of Vocational Skills Development Training) |
| (1) | Where anyone who has acquired qualifications as a vocational skills development teacher falls under any of the following subparagraphs, the Minister of Employment and Labor may revoke his or her qualifications or suspend his or her qualifications for up to three years: Provided, That where he or she falls under subparagraph 1 or 2, his or her qualifications shall be revoked: <Amended on May 31, 2010; Jun. 4, 2010> |
| 1. | Where he or she is issued a certificate of qualifications by fraud or other improper means; |
| 2. | Where he or she falls under any of subparagraphs 1 through 4 of Article 34; |
| 3. | Where he or she causes significant hindrance to vocational skills development training by intention or gross negligence; |
| 4. | Where he or she lends his or her certificate of qualifications. |
| (2) | Detailed standards for the revocation of qualifications and the disposition of suspension under paragraph (1) shall be determined by Ordinance of the Ministry of Employment and Labor taking into account the grounds for the disposition, the severity of violation, etc. <Amended on Jun. 4, 2010> |
[This Article Wholly Amended on Dec. 31, 2008]
| Article 35-2 (Restrictions of Lectures on Vocational Skills Development Training Courses) |
| (1) | In cases prescribed by Ordinance of the Ministry of Employment and Labor where vocational skill development teachers, etc. cause serious hindrance to vocational skill development training deliberately or by gross negligence, the Minister of Employment and Labor may restrict the relevant persons from giving lectures on vocational skills development training courses pursuant to Articles 12, 15, 17 (1) 1, 18, 20, and 23 for a period not exceeding three years. |
| (2) | Detailed guidelines for restrictions on lectures under paragraph (1) shall be prescribed by Ordinance of the Ministry of Employment and Labor, in consideration of the grounds for disposition and degree of violations. |
[This Article Newly Inserted on Jan. 11, 2022]
[Enforcement Date: Oct. 12, 2023] Article 35-2
| Article 36 (Nurturing Vocational Skills Development Teachers) |
| (1) | The State, local governments, public organizations, or corporations, or organizations announced by the Minister of Employment and Labor may establish and operate courses to train vocational skills development teachers. In such cases, if anyone, other than the State and local governments, intends to establish and operate such training courses, he or she shall obtain approval therefor from the Minister of Employment and Labor. <Amended on Jun. 4, 2010; Jan. 27, 2016> |
| (2) | Anyone who intends to obtain approval under paragraph (1) shall meet each of the following requirements: <Amended on Jan. 27, 2016> |
| 1. | He or she shall have adequate human resources, facilities, and equipment to properly operate courses for training vocational skills development teachers; |
| 2. | Any person who intends to obtain the relevant approval shall possess educational training experience sufficient to properly operate training courses; |
| 3. | He or she shall not fall under grounds for disqualification pursuant to each subparagraph of Article 29; |
| 4. | He or she shall meet other requirements prescribed by Presidential Decree as necessary to nurture vocational skills development teachers. |
| (3) | Where anyone who has obtained approval under paragraph (1) falls under any of the following subparagraphs, the Minister of Employment and Labor may issue a corrective order or revoke approval therefor: Provided, That if he or she falls under subparagraph 1 or 2, the approval shall be revoked: <Amended on Jun. 4, 2010> |
| 1. | Where he or she has obtained approval by fraud or other improper means; |
| 2. | Where he or she falls under any subparagraph of Article 29: Provided, That this shall not apply to cases falling within subparagraph 10 of Article 29, especially if he or she has replaced the relevant executive officer within three months; |
| 3. | Where he or she has failed to meet the requirements for approval under paragraph (2); |
| 4. | Where he or she has failed to conduct the training for nurturing vocational skills development teachers for at least one year without good cause; |
| 5. | Where he or she has failed to comply with corrective orders; |
| 6. | Where he or she has violated this Act or any order issued under this Act. |
| (4) | Necessary matters concerning kinds of training courses and procedures for approval provided for in paragraph (1); detailed standards for approval requirements under paragraph (2) 1 and 2; detailed standards for corrective orders and the revocation of approval, etc. issued under paragraph (3); and other relevant matters shall be prescribed by Ordinance of the Ministry of Employment and Labor. <Amended on Jun. 4, 2010; Jan. 27, 2016> |
[This Article Wholly Amended on Dec. 31, 2008]
| Article 37 (Capability Development for Vocational Skills Development Teacher) |
| (1) | The Minister of Employment and Labor may implement vocational skills development projects for developing capabilities of vocational skills development teachers, etc. <Amended on Jun. 4, 2010; Mar. 31, 2020> |
| (2) | Vocational skills development teachers, etc. who teach in the following training or training courses shall regularly receive continuing education provided by the Minister of Employment and Labor as vocational skills development projects under paragraph (1): <Newly Inserted on Mar. 31, 2020> |
| 1. | Vocational skill development training conducted after being entrusted with the State or local governments under Article 16; |
| 2. | Vocational skills development training courses and training course fit for the account obtained recognition from the Minister of Employment and Labor under Article 19; |
| 3. | Vocational skills development training courses for employees (limited to training courses conducted after being entrusted with business owners) under Article 20 (1) 1 obtained recognition from the Minister of Employment and Labor under Article 24. |
| (3) | The Minister of Employment and Labor may subsidize or loan expenses incurred by anyone in implementing vocational skills development projects for developing capabilities of vocational skills development teachers, etc. <Amended on Jun. 4, 2010; Mar. 31, 2020> |
| (4) | In accordance with paragraphs (1) through (3), matters necessary regarding details, methods, and standards of projects of continuing education and requirements, details, procedures and levels of subsidies therefor shall be prescribed by Presidential Decree. <Amended on Mar. 31, 2020> |
[This Article Wholly Amended on Dec. 31, 2008]
[Title Amended on Mar. 31, 2020]
| Article 38 (Training Standards for Vocational Skills Development Training) |
| (1) | The Minister of Employment and Labor may determine training standards regarding objectives of training, detailed curricula, facilities, equipment, teachers, etc. for each type of occupation subject to training in order to conduct vocational skills development training systematically and effectively. <Amended on Jun. 4, 2010> |
| (2) | Detailed matters concerning training standards under paragraph (1) and procedures of determining and changing such standards shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Dec. 31, 2008]
CHAPTER V POLYTECHNIC COLLEGES, UNIVERSITY OF TECHNOLOGY AND EDUCATION
| Article 39 (Establishment of Polytechnic Colleges) |
| (1) | The State, local governments, or educational foundations under the Private School Act (hereinafter referred to as "educational foundation") may establish and manage a polytechnic college to educate necessary human resources at industrial sites and support the development of vocational ability of employees. <Amended on May 26, 2020> |
| (2) | Where the State intends to establish and manage a polytechnic college, the head of a relevant central administrative agency shall consult with the Minister of Education and the Minister of Employment and Labor, respectively, and where a local government intends to establish and manage a polytechnic college, the head of a relevant local government shall consult with the Minister of Employment and Labor, and obtain approval therefor from the Minister of Education. <Amended on Feb. 1, 2012; Mar. 23, 2013> |
| (3) | When an educational foundation intends to establish and manage a polytechnic college, it shall obtain approval therefor from the Minister of Education, upon recommendation of the Minister of Employment and Labor. <Amended on Feb. 1, 2012; Mar. 23, 2013> |
| (4) | Anyone who intends to establish and manage a polytechnic college shall meet the standards for establishment prescribed by Presidential Decree, such as standards for facilities and equipment. |
| (5) | A polytechnic college that has obtained approval from the Minister of Education under paragraph (2) or (3) shall be deemed a vocational skills development training establishment and may use a different title in consideration of its characteristics. <Amended on Mar. 23, 2013> |
[This Article Newly Inserted on May 31, 2010]
[Previous Article 39 moved to Article 53 <May 31, 2010>]
| Article 40 (Classification of Courses) |
| (1) | The education and training courses in a polytechnic college shall be classified as follows: <Amended on Feb. 1, 2012> |
| 1. | Courses for multi-functional technicians: Education and training courses to nurture workforce with skills and knowledge required by at least two types of occupational categories so that they can contribute to increasing productivity and solving technical problems throughout the entire process from development to manufacture of products; |
| 1-2. | Advanced major courses with a degree: Advanced major courses that facilitate and support the continuing education of persons who have graduated from polytechnic colleges or junior colleges and to confer a bachelor's degree upon them; |
| 2. | Occupational training courses; |
| (a) | Courses for master mechanic: Occupational training courses to educate middle managers of production sites so that they can have the highest level of skills in the area of their expertise and knowledge about production management techniques, and perform duties such as managing tasks and guiding and supervising technicians under their control; |
| (b) | Courses of vocational skills development training; |
| (c) | Education and training courses, other than the courses for multi-functional technician and the advanced major courses with a degree. |
| (2) | The head of a polytechnic college (hereinafter referred to as "dean of a college") shall endeavor to maintain balance between the courses for multi-functional technician and occupational training courses. |
| (3) | A polytechnic college may perform the following projects, other than the education and training courses referred to in paragraph (1): <Amended on Feb. 1, 2012> |
| 1. | Vocational skills development projects (excluding vocational skills development training); |
| 2. | Industry-academia cooperation projects, such as providing technical guidance to small and medium enterprises and operating the business incubators; |
| 3. | Projects entrusted by the Minister of Employment and Labor, the head of a central administrative agency, the head of a local government, a business owner, etc.; |
| 4. | Vocational counseling for, and projects promoting employment of, trainees; |
| 5. | Other projects that contribute to the regional development, such as lifelong ability development for regional residents. |
| (4) | Matters concerning the establishment and operation of the courses for multi-functional technician, the advanced major courses with a degree, and the occupational training courses shall be prescribed by Presidential Decree. <Amended on Feb. 1, 2012> |
[This Article Newly Inserted on May 31, 2010]
[Previous Article 40 moved to Article 58 <May 31, 2010>]
| Article 40-2 (Authorization for Advanced Major Courses with Degree) |
| (1) | Anyone who intends to establish and operate an advanced major course with a degree shall operate the courses for multi-functional technician related thereto and obtain authorization therefor from the Minister of Employment and Labor. |
| (2) | The Minister of Employment and Labor shall seek prior consultation with the Minister of Education, when he or she intends to grant authorization for establishing an advanced major course with a degree under paragraph (1). <Amended on Mar. 23, 2013> |
| (4) | Persons eligible to enter an advanced major course with a degree shall be those who have work experience in the relevant field after having graduated from a polytechnic college or junior college in the same field of studies. |
| (5) | Detailed matters concerning the standards for authorization and eligibility for entrance under paragraphs (1) through (4) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Feb. 1, 2012]
| Article 40-3 (Affiliated Schools) |
| (1) | A person who establishes and manages a polytechnic college pursuant to Article 39 may establish and operate high schools, high technical schools, or other various kinds of schools defined in subparagraph 3 or 5 of Article 2 of the Elementary and Secondary Education Act, affiliated to the polytechnic college (hereinafter referred to as "affiliated schools"). |
| (2) | A person who intends to establish and operate an affiliated school pursuant to paragraph (1) shall consult with the Minister of Employment and Labor and obtain authorization from the Superintendent of an Office of Education which belongs to the Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Do, or a Special Self-Governing Province having jurisdiction over the affiliated school. |
[This Article Newly Inserted on Jan. 27, 2016]
| Article 41 (Recognition of Credits and Conferment of Degrees) |
| (1) | The dean of a college may, within the scope of Presidential Decree, recognize any of the following credits as those obtained from a polytechnic college in accordance with school regulations: <Amended on Jan. 27, 2016> |
| 4. | Credit obtained by a person who takes leave from school temporarily for enlistment in active duty service or other military service pursuant to Article 73 (2) of the Military Service Act by attending a remote education class. |
| (2) | The dean of a college may recognize credit for a person falling under any of the following subparagraphs, as prescribed by Presidential Decree: <Amended on May 31, 2010; Jan. 27, 2016> |
| 4. | A person who has experience of studying, researching or practicing in a field related to his or her majors in any other school, research institute, etc. or has work experience at an industrial enterprise in the field related to his or her majors; |
| 5. | A person who has completed a vocational skills development training course; |
| (3) | A person who has completed a course for multi-functional technicians in a polytechnic college shall be granted a bachelor of industry equivalent to a bachelor's degree in the specialized area under Article 50 of the Higher Education Act. |
[This Article Newly Inserted on May 31, 2010]
| Article 41-2 (Conferment of Degrees for Advanced Major Courses for Degree) |
A bachelor’s degree shall be conferred in accordance with Article 50-2 (1) of the Higher Education Act on anyone who completes the course determined by school regulations after having been admitted into an advanced major course with a degree established and operated under Article 40-2. [This Article Newly Inserted on Feb. 1, 2012]
| Article 42 (School Regulations) |
| (1) | The dean of a polytechnic college may establish or amend the school regulations for the efficient operation thereof. |
| (3) | Procedures for establishing and amending school regulations under paragraph (1), items to be recorded, and other necessary matters shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on May 31, 2010]
[Previous Article 42 moved to Article 57 <May 31, 2010>]
| Article 43 (Classification, Qualification and Fixed Number of Teachers) |
| (1) | A polytechnic college shall have a dean. |
| (2) | In addition to the dean of the college, teachers employed at a polytechnic college shall be classified as professors, associate professors, and assistant professors. <Amended on Jul. 21, 2011> |
| (3) | In addition to teachers classified under paragraph (2), a polytechnic college may appoint a vocational skills development teacher, an industry-academia adjunct teacher (referring to a person who has specialized knowledge in related areas and works in the related field and who is concurrently appointed as a teacher in a polytechnic college: hereinafter the same shall apply), an invited teacher (referring to a person who has work experience in an industrial enterprise, research institute, etc. and any other relevant person, and is appointed under Article 44 to teach a subject necessary for specialized skills and knowledge: hereinafter the same shall apply), a part-time lecturer, and a teaching assistant under Article 33, as prescribed by Presidential Decree <Amended on Jan. 27, 2016; May 26, 2020> |
| (4) | Matters concerning standards for qualification for a person who is eligible to become a teacher, an industry-academia adjunct teacher, an invited teacher, a part-time lecturer, and a teaching assistant referred to in paragraphs (2) and (3) shall be prescribed by Presidential Decree. |
| (5) | Matters concerning the fixed number of teachers, vocational skills development teachers, teachers for industry and education, invited teachers, part-time lecturers, and teaching assistants referred to in paragraphs (2) and (3) and other clerical employees shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on May 31, 2010]
| Article 44 (Appointment, Retirement, and Service of Teachers) |
| 1. | Where the State establishes and manages the college, it shall be as prescribed by Presidential Decree; |
| 2. | Where a local government establishes and manages the college, it shall be as determined by municipal ordinances; |
| 3. | Where an educational foundation establishes and manages the college, it shall be determined by the articles of incorporation and shall be at least 60 years old. |
| (3) | Matters concerning service of teachers referred to in Article 43 (2) shall be as provided for in education-related statutes. |
| (4) | Matters concerning the appointment, retirement and service of vocational skills development teachers, industry-academia adjunct teachers, invited teachers, part-time lecturers, and teaching assistants in accordance with Article 43 (3) shall be as prescribed by Presidential Decree in consideration of the characteristics of a polytechnic college. |
[This Article Newly Inserted on May 31, 2010]
[Previous Article 44 moved to Article 59 <May 31, 2010>]
| Article 45 (Dispatch Service of Faculty and Use of Facilities and Equipment) |
| (1) | In order to efficiently conduct education, training, and projects under Article 40, the dean of a polytechnic college, if necessary, may dispatch the faculty of his or her college to other polytechnic colleges, the Human Resources Development Service of Korea as prescribed by the Human Resources Development Service of Korea Act (hereafter referred to as the "Human Resources Development Service of Korea" in this Article) or an industrial enterprise in conformity with the standards determined and publicly announced by the Minister of Employment and Labor (hereafter referred to as "industrial enterprise" in this paragraph), etc. for a specified period, or use the faculty dispatched from other polytechnic colleges, the Human Resources Development Service of Korea, employees of an industry, etc. <Amended on Feb. 1, 2012> |
| (2) | In conducting education, training, and projects under Article 40, the dean of a polytechnic college may, if necessary, furnish training and educational facilities and equipment of the college for the use of other polytechnic colleges, the Human Resources Development Service of Korea, colleges, high schools, etc. <Amended on May 26, 2020> |
[This Article Newly Inserted on May 31, 2010]
[Previous Article 45 moved to Article 60 <May 31, 2010>]
| Article 46 (Submission of Business Plans and Fiscal Year) |
| (1) | The dean of a college shall prepare a business plan for a relevant fiscal year each year, as prescribed by Presidential Decree, and submit such plan to the Minister of Employment and Labor: Provided, That an educational foundation who establishes and manages two or more polytechnic colleges may prepare and submit a comprehensive business plan for such colleges. <Amended on Feb. 1, 2012> |
| (2) | The fiscal year of a polytechnic college shall coincide with the fiscal year of the Government. |
| (3) | A polytechnic college shall treat the account for income and expenditure of projects referred to in Article 40 (3) 1 through 3 as separate from other projects. |
[This Article Newly Inserted on May 31, 2010]
[Previous Article 46 moved to Article 61 <May 31, 2010>]
| (1) | A polytechnic college may receive tuition and other dues from students in the courses for multi-functional technicians and the advanced major courses with a degree, and trainees in occupational training courses. <Amended on Feb. 1, 2012> |
| (2) | Necessary matters concerning tuition and other dues referred to in paragraph (1) shall be determined by Ordinance of the Ministry of Employment and Labor. <Amended on Feb. 1, 2012> |
[This Article Newly Inserted on May 31, 2010]
[Previous Article 47 moved to Article 62 <May 31, 2010>]
| Article 48 (Support for Polytechnic College and Students) |
| (1) | The State, local governments, business owners, etc. may reimburse a person who establishes and manages a polytechnic college (including affiliated schools; hereafter the same shall apply in this Article), for all or part of the necessary expenses of establishing education and training facilities, purchasing equipment, operating the school, etc. <Amended on Jan. 27, 2016> |
| (2) | When necessary for establishing and managing a polytechnic college, the State and a local government may gratuitously lease national or public property to a person who establishes and manages a polytechnic college (limited to educational foundations established by the State, a local government, or a public organization), and allow him or her to use such property to construct buildings or other facilities or benefit therefrom, notwithstanding the State Property Act and the Public Property and Commodity Management Act. |
| (3) | The State and a local government may fully or partially reimburse students and trainees in the courses for multi-functional technicians; the advanced major courses with a degree; and occupational training courses; etc. of polytechnic colleges, for expenses incurred in educating and training them during the period of their attendance at school. <Amended on Feb. 1, 2012; Jan. 27, 2016> |
[This Article Newly Inserted on May 31, 2010]
[Previous Article 48 moved to Article 63 <May 31, 2010>]
| Article 49 (Revocation of Authorization) |
| (1) | The Minister of Education may revoke authorization for establishment thereof, when a polytechnic college falls under any of the following cases: <Amended on Mar. 23, 2013> |
| 1. | Where it has obtained authorization under Article 39 by fraud or other improper means; |
| 2. | Where facility, equipment, etc. under Article 39 (4) has become unable to meet the standards for establishment; |
| 3. | Where it fails to give lessons for at least two months without good cause, except during a specified vacation period. |
| (2) | The Minister of Education shall consult with the Minister of Employment and Labor if he or she intends to revoke authorization for establishment of a polytechnic college under paragraph (1). <Amended on Feb. 1, 2012; Mar. 23, 2013> |
| (3) | If the Minister of Education intends to revoke authorization for establishment of a polytechnic college under paragraph (1), he or she shall hold a hearing thereon. <Amended on Mar. 23, 2013> |
[This Article Newly Inserted on May 31, 2010]
| Article 49-2 (Revocation of Authorization for Establishment of Advanced Major Courses with Degree) |
| (1) | Where a polytechnic college that has obtained authorization for operating an advanced major course with a degree under Article 40-2 (1) falls under any of the following cases, the Minister of Employment and Labor may revoke such authorization: |
| 1. | Where it has obtained authorization under Article 40-2 (1) by fraud or other improper means; |
| 2. | Where it has become unable to meet the standards for authorization under Article 40-2 (5); |
| 3. | Where it fails to give lessons for at least two months without good cause, except for during a specified vacation period. |
| (2) | The Minister of Employment and Labor shall consult with the Minister of Education if he or she intends to revoke authorization for operating an advanced major course with a degree under paragraph (1). <Amended on Mar. 23, 2013> |
[This Article Newly Inserted on Feb. 1, 2012]
| Article 50 (Supervision over Polytechnic Colleges) |
| (1) | With respect to a polytechnic college and an educational foundation which establishes and manages a polytechnic college, the Minister of Employment and Labor shall be entrusted with the administration of the following matters which are within the authority of the Minister of Education under education-related statutes: <Amended on Feb. 1, 2012; Mar. 23, 2013> |
| 1. | Guidance and supervision over the polytechnic college and the educational foundation which establishes and manages a polytechnic college; |
| 2. | Approval of appointment of a director of the educational foundation which establishes and manages a polytechnic college, and revocation thereof; |
| 3. | Matters concerning acceptance of reports on the appointment and dismissal of teachers of a polytechnic college established by the educational foundation and requests to dismiss or remove such teachers; |
| 4. | Other matters prescribed by Presidential Decree. |
| (2) | The Minister of Education and the Minister of Employment and Labor may require a polytechnic college or the founder or manager of a polytechnic college to file a necessary report or submit materials. <Amended on Feb. 1, 2012; Mar. 23, 2013> |
[This Article Newly Inserted on May 31, 2010]
| Article 51 (Prohibition of Use of Similar Titles) |
No entity, other than a polytechnic college, shall use the title of a polytechnic college or any other title similar thereto.
[This Article Newly Inserted on May 31, 2010]
| Article 52 (Relationship with Other Acts) |
With respect to the establishment and management of a polytechnic college, the provisions on junior colleges in education-related statutes shall apply to matters not stipulated in this Act.
[This Article Newly Inserted on May 31, 2010]
| Article 52-2 (Establishment and Operation of University of Technology and Education) |
| (1) | The Human Resources Development Service of Korea established under the Human Resources Development Service of Korea Act may establish and manage a university pursuant to the Private School Act (hereinafter referred to as "University of Technology and Education") to support nurturing vocational skills development teachers, etc., training to improve their job competency, and training vocational skills development training for employees after obtaining authorization from the Minister of Education. |
| (2) | Duties of the University of Technology and Education established under paragraph (1) shall be as follows: |
| 1. | Nurturing of vocational skills development training teachers; practical engineers; and persons in charge of human resource development; and implementing projects for job competency improvement training; |
| 2. | Development, operation, and dissemination of leading models of vocational skills development training and engineering education; |
| 3. | Remote training of employees, etc.; |
| 4. | Industry-university collaboration, such as technology guidance for small and medium enterprises and operation of business incubator centers; |
| 5. | Duties assigned to it by other statutes or entrusted by the Minister of Employment and Labor or the heads of other central administrative agencies; heads of local governments; business owners, etc. |
[This Article Newly Inserted on Jan. 27, 2016]
CHAPTER VI EVALUATION OF VOCATIONAL SKILLS DEVELOPMENT PROJECTS AND RESTRICTIONS ON ILLEGAL CONDUCTS
| Article 53 (Evaluation on Vocational Skills Development Training Establishments) |
| (1) | The Minister of Employment and Labor may conduct an evaluation of matters prescribed by Presidential Decree, such as the ability to conduct training and training outcomes, for any of the following persons, in order to improve the quality of vocational skills development training: <Amended on Feb. 1, 2012> |
| 1. | A person who conducts vocational skills development training after being entrusted therewith under Article 16; |
| 2. | A person who conducts vocational skills development training upon having obtained recognition for his or her competence in vocational skills development training course under Article 19 or 24; |
| 3. | A person who conducts vocational skills development training entrusted by the head of a central administrative agency or the head of a local government (limited to a person determined by the Minister of Employment and Labor to be evaluated after having sought prior consultation with the head of a central administrative agency or the head of a local governments), other than those referred to in subparagraphs 1 and 2; |
| 4. | A vocational skills development training establishment and a corporation for vocational skills development training. |
| (2) | When the Minister of Employment and Labor conducts an evaluation under paragraph (1), he or she shall disclose the evaluation findings. <Amended on Feb. 1, 2012; Aug. 17, 2021> |
| (3) | Matters necessary for subject matter, details and methods of evaluations, and disclosure of evaluation findings under paragraphs (1) and (2) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on May 31, 2010]
[Moved from Article 39 <May 31, 2010>]
| Article 54 (Differential Support Based on Findings of Evaluations of Vocational Skills Development Training Establishments) |
| (1) | When the Minister of Employment and Labor provides subsidies or loans under this Act, the subsidies and loans shall be commensurate with the findings of the evaluation conducted under Article 53. <Amended on Feb. 1, 2012> |
| (2) | Necessary matters concerning standards for and details of differential support under paragraph (1) and other matters shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on May 31, 2010]
| Article 55 (Restrictions on Receiving Support, Loan and Taking Courses on Ground of Illegal Conducts) |
| (1) | Where a person who is receiving or has received vocational skills development training under Article 12 or 15 falls under any of the following cases, the State or a local government may restrict the person from taking a vocational skills development training course under Articles 12 and 15 or may not provide subsidies or loans under Articles 17 and 18 for a period prescribed by Ordinance of Ministry of Employment and Labor, for up to three years from the date he or she obtains or intends to obtain subsidies for training fees and training allowances by fraud or other improper means (referring to the date an entrustment contract is revoked in cases falling under subparagraph 2): <Amended on Feb. 1, 2012; Aug. 17, 2021> |
| 1. | Where he or she has obtained or intends to obtain subsidies for training fees and training allowances by fraud or other improper means; |
| 2. | Where an entrustment contract is revoked on the grounds of conduct in collusion with a person who has been entrusted with vocational skills development training, where such conduct falls within any of subparagraphs of Article 16 (2). |
| (2) | Where a person, a business owner, a business owners' association, a consultative body on human resources development for each industry, or a vocational skills development organization that intends to obtain or has obtained subsidies or loans for expenses under Articles 17, 18, 20, 22, and 23 falls under any of the following cases, the Minister of Employment and Labor may restrict the person or entity from taking a vocational skills development training course under Articles 12 and 15 or may not provide subsidies or loans under Articles 17, 18, 20, 22, and 23, for a period prescribed by Ordinance of Ministry of Employment and Labor, for up to three years from the date it obtains or intends to obtain subsidies or loans by fraud or other improper means (referring to the date the recognition is revoked in cases falling under subparagraph 2): <Amended on Feb. 1, 2012; Mar. 31, 2020; Aug. 17, 2021> |
| 1. | Where he or she has obtained or intends to obtain subsidies or loans by fraud or other improper means; |
| 2. | Where the recognition is revoked on the grounds of the conduct in collusion with a person who has been entrusted with vocational skills development training under Article 16, or a person who conducts vocational skills development training upon obtaining recognition for the vocational skills development training course under Articles 19 and 24, where such conduct falls within any of subparagraphs of Article 19 (2) or 24 (2); |
| 3. | Where he or she has received any economic benefit, etc. in violation of Article 21 (2). |
[This Article Wholly Amended on May 31, 2010]
[Moved from Article 25 <May 31, 2010>]
| Article 55 (Restrictions on Receiving Subsidies or Loans and Taking Courses on Ground of Illegal Conducts) |
| (1) | Where a person who is taking or has taken vocational skills development training under Article 12 or 15 falls under any of the following cases, the State or a local government may restrict the person from taking a vocational skills development training course under Articles 12 and 15 or may not provide subsidies or loans given under Articles 17 and 18 for a period prescribed by Ordinance of Ministry of Employment and Labor, for up to five years from the date on which he or she obtains or intends to obtain subsidies for training fees and training allowances by fraud or other improper means (referring to the date on which an entrustment contract is revoked in cases falling under subparagraph 2): <Amended on Feb. 1, 2012; Aug. 17, 2021; Jan. 11, 2022> |
| 1. | Where he or she has obtained or intends to obtain subsidies for training fees and training allowances by fraud or other improper means; |
| 2. | Where an entrustment contract is revoked on the grounds of conduct in collusion with a person who has been entrusted with vocational skills development training, where such conduct falls within any of subparagraphs of Article 16 (2). |
| (2) | Where a person, a business owner, a business owners' association, a consultative body on human resources development for each industry, or a vocational skills development organization that intends to obtain or has obtained subsidies or loans for expenses under Articles 17, 18, 20, 22, and 23 falls under any of the following cases, the Minister of Employment and Labor may restrict the person or entity from taking a vocational skills development training course under Articles 12 and 15 or may not provide subsidies or loans under Articles 17, 18, 20, 22, and 23, for a period prescribed by Ordinance of Ministry of Employment and Labor, for up to five years from the date on which it has obtained or intends to obtain subsidies or loans by fraud or other improper means (referring to the date the recognition is revoked in cases falling under subparagraph 2): <Amended on Feb. 1, 2012; Mar. 31, 2020; Aug. 17, 2021; Jan. 11, 2022> |
| 1. | Where he or she has obtained or intends to obtain subsidies or loans by fraud or other improper means; |
| 2. | Where the recognition is revoked on the grounds of the conduct in collusion with a person who has been entrusted with vocational skills development training under Article 16, or a person who conducts vocational skills development training upon obtaining recognition for the vocational skills development training course under Articles 19 and 24, where such conduct falls within any of subparagraphs of Article 19 (2) or 24 (2); |
| 3. | Where he or she has received any economic benefit, etc. in violation of Article 21 (2). |
[This Article Wholly Amended on May 31, 2010]
[Moved from Article 25 <May 31, 2010>]
[Enforcement Date: Dec. 12, 2023] Article 55
| Article 56 (Return of Money Unlawfully Received and Additional Collection) |
| (1) | Where a person for whom the entrustment contract has been revoked under Article 16 (2) or a person restricted from taking courses or receiving subsidies or loans Article 55 (1) falls under any of the following cases, the State or a local government may order the person to return the relevant amount of money: <Amended on Jan. 27, 2016; Aug. 17, 2021> |
| 1. | Where he or she obtains a subsidy or loan by fraud or other improper means; |
| 2. | Where he or she uses a subsidy for any purpose other than the purpose of payment; |
| 3. | Where he or she fails to meet the requirements for obtaining a subsidy. |
| (2) | Where a person whose recognition is revoked under Article 19 (2) or 24 (2), or a person, business owner, a business owners' association, etc., a consultative body on human resources development for each industry, or a vocational skills development organization that is restricted from taking courses or receiving subsidies or loans under Article 55 (2) falls under any of the following cases, the Minister of Employment and Labor may order the person or entity to return the relevant amount of money: <Amended on Feb. 1, 2012; Jan. 27, 2016; Aug. 17, 2021> |
| 1. | Where he or she obtains a subsidy or loan by fraud or other improper means; |
| 2. | Where he or she uses a subsidy for any purpose other than the purpose of payment; |
| 3. | Where he or she fails to meet the requirements for obtaining a subsidy. |
| (3) | Where the State, a local government, or the Minister of Employment and Labor orders a person or entity to return money under paragraph (1) and (2), it may collect additional dues specified in the following subparagraphs according to the criteria prescribed by Ordinance of the Ministry of Employment and Labor, with respect to the amount of subsidies or loans obtained by fraud or other improper means: <Amended on Feb. 1, 2012; Aug. 17, 2021> |
| 1. | A person for whom an entrustment contract is revoked under Article 16 (2), or a person whose recognition is revoked under Article 19 (2) or 24 (2): The amount classified as follows: |
| (a) | Where the money unlawfully obtained is less than the amount prescribed by Presidential Decree: The amount not exceeding five times such amount; |
| (b) | Where money unlawfully obtained is equal to or exceeds the amount prescribed by Presidential Decree: The amount not exceeding such amount; |
| 2. | A person, business owner, business owners’ association, consultative body on human resources development for each industry, or vocational skills development organization restricted from obtaining subsidies or loans or taking courses under Article 55: Money not exceeding the unlawfully obtained amount. |
| (4) | Where any of the following persons helps another person to receive subsidies or loans by fraud or other improper means by making a false report or reporting, or by preparing or providing false data, he or she shall jointly and severally liable for the money to be returned under paragraphs (1) and (2) and the money to be collected additionally under paragraph (3) with a person who receive subsidies or loans by fraud or other improper means: <Newly Inserted on Mar. 31, 2020; Aug. 17, 2021> |
| 1. | A person who obtains or obtained vocational skills development training under Article 12 or 15; |
| 2. | A person who is entrusted with vocational skill development training under Article 16 (1); |
| 3. | A person, a business owner, a business owners' association, etc., a consultative body on human resources development for each industry, or a vocational skills development organization that intends to obtain or has obtained subsidies or loans for expenses under Articles 17, 18, 20, 22, and 23; |
| 4. | A person who has obtained recognition for vocational skills development training course under Article 19 (1) or 24 (1). |
| (5) | Where the money to be returned or collected additionally under paragraphs (1) through (3) is not paid by the due date, the State, a local government, or the Minister of Employment and Labor may collect the money in the same manner as delinquent national or local taxes are collected. <Amended on Feb. 1, 2012; Mar. 31, 2020> |
| (6) | Necessary matters concerning detailed standards for additional collection under paragraph (3) shall be prescribed by Ordinance of Ministry of Employment and Labor. <Amended on Feb. 1, 2012; Mar. 31, 2020> |
[This Article Wholly Amended on May 31, 2010]
[Title Amended on Jan 27, 2016]
[Moved from Article 26 <May 31, 2010>]
| Article 56 (Return of Money Unlawfully Received and Additional Collection) |
| (1) | Where a person for whom the entrustment contract has been revoked under Article 16 (2) or a person restricted from taking courses or receiving subsidies or loans Article 55 (1) falls under any of the following cases, the State or a local government shall order the person to return the relevant amount of money: <Amended on Jan. 27, 2016; Aug. 17, 2021; Jan. 11, 2022> |
| 1. | Where he or she obtains a subsidy or loan by fraud or other improper means; |
| 2. | Where he or she uses a subsidy for any purpose other than the purpose of payment; |
| 3. | Where he or she fails to meet the requirements for obtaining a subsidy. |
| (2) | Where a person whose recognition is revoked under Article 19 (2) or 24 (2), or a person, a business owner, a business owners' association, etc., a consultative body on human resources development for each industry, or a vocational skills development organization that is restricted from taking courses or receiving subsidies or loans under Article 55 (2) falls under any of the following cases, the Minister of Employment and Labor shall order the person or entity to return the relevant amount of money: <Amended on Feb. 1, 2012; Jan. 27, 2016; Aug. 17, 2021; Jan. 11, 2022> |
| 1. | Where he or she obtains a subsidy or loan by fraud or other improper means; |
| 2. | Where he or she uses a subsidy for any purpose other than the purpose of payment; |
| 3. | Where he or she fails to meet the requirements for obtaining a subsidy. |
| (3) | Where the State, a local government, or the Minister of Employment and Labor orders a person or entity to return the money under paragraphs (1) and (2), it may collect additional dues by not more than five times the amount unjustly granted according to the criteria prescribed by Ordinance of the Ministry of Employment and Labor, with respect to the amount of subsidies or loans obtained by fraud or other improper means: <Amended on Feb. 1, 2012; Aug. 17, 2021; Jan. 11, 2022> |
| 1. | Deleted; <Jan. 11, 2022> |
| 2. | Deleted. <Jan. 11, 2022> |
| (4) | Where any of the following persons has helped another person to receive subsidies or loans by fraud or other improper means by filing a false report or making false reporting, or by preparing or providing false data, he or she shall be jointly and severally liable for the money to be returned under paragraphs (1) and (2) and the money to be collected additionally under paragraph (3) with a person who receive subsidies or loans by fraud or other improper means: <Newly Inserted on Mar. 31, 2020; Aug. 17, 2021> |
| 1. | A person who obtains or obtained vocational skills development training under Article 12 or 15; |
| 2. | A person who is entrusted with vocational skill development training under Article 16 (1); |
| 3. | A person, a business owner, a business owners' association, etc., a consultative body on human resources development for each industry, or a vocational skills development organization that intends to obtain or has obtained subsidies or loans under Articles 17, 18, 20, 22, and 23; |
| 4. | A person who has obtained recognition for vocational skills development training course under Article 19 (1) or 24 (1). |
| (5) | Where the money to be returned or collected additionally under paragraphs (1) through (3) is not paid by the due date, the State, a local government, or the Minister of Employment and Labor may collect the money in the same manner as delinquent national or local taxes are collected. <Amended on Feb. 1, 2012; Mar. 31, 2020> |
| (6) | Necessary matters concerning detailed standards for additional collection under paragraph (3) shall be prescribed by Ordinance of Ministry of Employment and Labor. <Amended on Feb. 1, 2012; Mar. 31, 2020> |
[This Article Wholly Amended on May 31, 2010]
[Title Amended on Jan 27, 2016]
[Moved from Article 26 <May 31, 2010>]
[Enforcement Date: Dec. 12, 2023] Article 56
| Article 56-2 (Publication of Termination of Entrustment Contract for Vocational Skill Development Training) |
| (1) | Where a person for whom an entrustment contract is terminated under Article 16 (2), or a person whose recognition is revoked under Article 19 (2) or 24 (2) falls under any of the following, the Minister of Employment and Labor may publish the act of violation, details of disposition, the name and address of the relevant institution, the name of the representative of the relevant institution, and other matters prescribed by Presidential Decree: |
| 1. | Where he or she has obtained subsidies exceeding the amount of money prescribed by Presidential Decree by fraud or other improper means within three years prior to the date of publication; |
| 2. | Where the entrustment contract is terminated or the recognition is revoked for at least three occasions within three years before the date of publication; |
| (2) | Upon publishing under paragraph (1), the Minister of Employment and Labor shall provide a person subject to publish with an opportunity to explain by fixing a period of at least three months for such explanation. |
| (4) | Necessary matters concerning periods of, procedures for, and methods of the publication of violation under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Mar. 31, 2020]
| Article 57 (Bounties for Whistleblowing) |
| (1) | The Minister of Employment and Labor may pay bounties, not exceeding budgetary limits, to anyone who blows the whistle on illegal conduct of anyone who implements or is entrusted with vocational skills development projects under this Act. <Amended on Jun. 4, 2010> |
| (2) | Necessary matters concerning whistleblowing on illegal conduct and payment of bounties under paragraph (1) shall be prescribed by the Ordinance of the Ministry of Employment and Labor. <Amended on Jun. 4, 2010> |
[This Article Wholly Amended on Dec. 31, 2008]
[Moved from Article 42 <May 31, 2010>]
CHAPTER VII SUPPLEMENTALLY PROVISIONS AND PENALTY PROVISIONS
| Article 58 (Guidance and Supervision) |
| (1) | The Minister of Employment and Labor may order any of the following persons to file necessary reports or submit materials, or require relevant public officials, etc. to enter places where the vocational skills development training, etc. is conducted to inspect relevant documents and inquire of related persons in order to guide and supervise them: <Amended on May 31, 2010> |
| 1. | Persons who conduct the vocational skills development training after being entrusted therewith by the Minister of Employment and Labor under Article 16; |
| 2. | Persons who have obtained recognition under Article 19 or 24; |
| 3. | Persons who have obtained subsidies or loans under Articles 12, 17, 18, 20, 22 and 23; |
| 4. | Public organizations that establishes and operates public occupational training establishments and persons who establishes and operates designated occupational training establishments; |
| 5. | Corporations for vocational skills development training; |
| 6. | Persons who operate training establishments or training courses to educate vocational skills development teachers after obtaining approval therefor under Article 36; |
| 7. | Persons who perform duties on behalf of the Minister of Employment and Labor pursuant to Article 59. |
| (2) | Where the Minister of Employment and Labor conducts an inspection under paragraph (1), he or she shall give a prior notice of necessary matters on time and details of inspection, etc. to a person subject to the inspection: Provided, That this shall not apply in the case of an emergency or where the issuance of a prior notice is deemed to defeat the purpose of the inspection. <Newly Inserted on May 31, 2010; Feb. 1, 2012> |
| (3) | Public officials who have access and conduct guidance and supervision under paragraph (1) shall carry a document verifying their authority and present it to interested persons. <Amended on May 31, 2010> |
| (4) | The Minister of Employment and Labor shall give a written notice of the inspection findings under paragraph (1) to a person who has undergone an inspection. <Newly Inserted on May 31, 2010; Feb. 1, 2012> |
| (5) | Matters necessary for the details and methods of reporting, submission of materials and guidance and supervision under paragraph (1) shall be determined by Ordinance of the Ministry of Employment and Labor. <Amended on May 31, 2010; Jun. 4, 2010> |
[This Article Wholly Amended on Dec. 31, 2008]
[Moved from Article 40 <May 31, 2010>]
| Article 58 (Guidance and Supervision) |
| (1) | The Minister of Employment and Labor may order any of the following persons to file a report on the facilities, equipment, apparatus and materials required for vocational skill development training, presence and absence of trainees, qualifications of vocational skill development teachers, etc. or to submit materials thereon, or may require relevant public officials, etc. to enter the place of vocational skills development training, etc. for inspection of the relevant documents and to inquire related persons, in order to guide and supervise them: <Amended on May 31, 2010; Jan. 11, 2022> |
| 1. | Persons who conduct the vocational skills development training after being entrusted therewith by the Minister of Employment and Labor under Article 16; |
| 2. | Persons who have obtained recognition under Article 19 or 24; |
| 3. | Persons who have obtained subsidies or loans under Articles 12, 17, 18, 20, 22 and 23; |
| 4. | Public organizations that establishes and operates public occupational training establishments and persons who establishes and operates designated occupational training establishments; |
| 5. | Corporations for vocational skills development training; |
| 6. | Persons who operate training establishments or training courses to educate vocational skills development teachers after obtaining approval therefor under Article 36; |
| 7. | Persons who perform duties on behalf of the Minister of Employment and Labor pursuant to Article 59. |
| (2) | Where the Minister of Employment and Labor conducts an inspection under paragraph (1), he or she shall give a prior notice of necessary matters on time and details of inspection, etc. to a person subject to the inspection: Provided, That this shall not apply in the case of an emergency or where the issuance of a prior notice is deemed to defeat the purpose of the inspection. <Newly Inserted on May 31, 2010; Feb. 1, 2012> |
| (3) | Public officials who have access and conduct guidance and supervision under paragraph (1) shall carry a document verifying their authority and present it to interested persons. <Amended on May 31, 2010> |
| (4) | The Minister of Employment and Labor shall give a written notice of the inspection findings under paragraph (1) to a person who has undergone an inspection. <Newly Inserted on May 31, 2010; Feb. 1, 2012> |
| (5) | Matters necessary for the details and methods of reporting, submission of materials and guidance and supervision under paragraph (1) shall be determined by Ordinance of the Ministry of Employment and Labor. <Amended on May 31, 2010; Jun. 4, 2010> |
[This Article Wholly Amended on Dec. 31, 2008]
[Moved from Article 40 <May 31, 2010>]
[Enforcement Date: Dec. 12, 2023] Article 58
| Article 59 (Performance of Duties on Behalf of Minister of Employment and Labor) |
| (1) | The Minister of Employment and Labor may require anyone prescribed by Presidential Decree to perform his or her duties under Articles 6 through 8, 16 (limited to the duties under the jurisdiction of the Minister of Employment and Labor), 19, 20, 22, 23, 24, 28, 37, 38, and 53 on his or her behalf. <Amended on May 31, 2010; Jun. 4, 2010; Feb. 1, 2012> |
| (2) | Matters necessary for procedures of performing duties on behalf of the Minister of Employment and Labor under paragraph (1) and subsidization of expenses incurred therein shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Dec. 31, 2008]
[Moved from Article 44 <May 31, 2010>]
| Article 60 (Delegation and Entrustment of Authority) |
The Minister of Employment and Labor may delegate part of his or her authority granted under this Act to the heads of local labor agencies or the heads of local governments or entrust such authority to anyone prescribed by Presidential Decree, such as the heads, etc. of public organizations, as prescribed by Presidential Decree. <Amended on Jun. 4, 2010>
[This Article Wholly Amended on Dec. 31, 2008]
[Moved from Article 45 <May 31, 2010>]
| Article 61 (Legal Fiction as Public Official in Application of Penalty Provisions) |
[This Article Wholly Amended on Dec. 31, 2008]
[Moved from Article 46 <May 31, 2010>]
The Minister of Employment and Labor shall hold a hearing whenever he or she intends to take any of the following dispositions: <Amended on May 31, 2010; Jun. 4, 2010; Feb. 1, 2012>
| 1. | When he or she intends to revoke recognition for any vocational skills development training course under Article 19 (2) or 24 (2); |
| 2. | When he or she intends to revoke approval for any public occupational training establishment under Article 27 (2); |
| 3. | When he or she intends to revoke designation of any designated occupational training establishment under Article 31 (1); |
| 4. | When he or she intends to revoke permission to establish any corporation for vocational skills development training under Article 32 (2); |
| 5. | When he or she intends to revoke qualifications of any vocational skills development teacher under Article 35 (1); |
| 6. | When he or she intends to revoke approval for any training establishment or training course under Article 36 (3); |
| 7. | When he or she intends to revoke authorization for establishment of an advanced major course with a degree under Article 49-2 (1). |
[This Article Wholly Amended on Dec. 31, 2008]
[Moved from Article 47 <May 31, 2010>]
| Article 62-2 (Re-Examination of Regulation) |
The Minister of Employment and Labor shall examine the appropriateness of training contracts and rights and obligations provided for in Article 9 every two years counting from January 1, 2016 (referring to the period that ends on the day before January 1 of every second year) and shall take measures, such as making improvements. [This Article Newly Inserted on Jan. 27, 2016]
| Article 62-3 (Penalty Provisions) |
Any person granted with subsidies or loans under this Act by fraud or other improper means in collusion with a business owner and the business owner respectively shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding 50 million won.
[This Article Newly Inserted on Jan. 11, 2022]
[Previous Article 62-3 moved to Article 62-4 <Jan. 11, 2022>]
| Article 62-4 (Penalty Provisions) |
Any of the following persons shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won: <Amended on Mar. 31, 2020>
| 1. | A person granted with subsidies or loans under this Act by fraud or other improper means; |
| 2. | A person who provides economic benefits, etc. in violation of Article 21 (1) or receives economic benefits, etc. in violation of paragraph (2) of that Article. |
[This Article Newly Inserted on Jan. 27, 2016]
[Moved from Article 62-3; previous Article 62-4 moved to Article 62-5 <Jan. 11, 2022>]
| Article 62-5 (Penalty Provisions) |
A person who lends or borrows a certificate of qualification or recommends such acts in violation of Article 33 (4) shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 10 million won. [This Article Newly Inserted on Mar. 31, 2020]
[Moved from Article 62-4; previous Article 62-5 moved to Article 62-6 <Jan. 11, 2022>]
| Article 62-6 (Joint Penalty Provisions) |
If the representative of a corporation or an organization, or an agent or employee of, or any other person employed by, the corporation, organization, or individual commits any violations described in Article 62-3 or 62-4 in conducting the business affairs of the corporation, organization, or individual, the corporation, organization, or individual shall be punished by a fine prescribed in that Article in addition to punishing the violators accordingly: Provided, That this shall not apply where such corporation, organization, or individual has not been negligent in giving due attention and supervision regarding the relevant business affairs to prevent such violations. <Amended on Jan. 11, 2022> [This Article Newly Inserted on Mar. 31, 2020]
[Moved from Article 62-5 <Jan. 11, 2022>]
| Article 63 (Administrative Fines) |
| (1) | Any of the following persons shall be punished by an administrative fine not exceeding three million won: <Amended on May 31, 2010> |
| 1. | Anyone who fails to pay accident compensation benefits, in violation of Article 11; |
| 2. | Anyone who fails to keep documents regarding subsidization of costs and loan to cover costs under Article 23-2; |
| 3. | Anyone who fails to report under Article 28 (3); |
| 4. | Anyone who fails to return training fees, in violation of Article 30 (2); |
| 4-2. | Anyone, other than a polytechnic college, has used the identity of a polytechnic college or any other title similar thereto, in violation of Article 51; |
| 5. | Anyone who fails to report under Article 58 or reports falsely; |
| 6. | Anyone who fails to comply with an order to submit materials under Article 58 or submits false materials; |
| 7. | Anyone who falsely answers questions posed by relevant public officials or refuses, interferes with, or evades guidance and supervision by the relevant public officials under Article 58. |
| (2) | Administrative fines under paragraph (1) shall be imposed and collected by the Minister of Employment and Labor, as prescribed by Presidential Decree. <Amended on Jun. 4, 2010> |
[This Article Wholly Amended on Dec. 31, 2008]
[Moved from Article 48 <May 31, 2010>]
| Article 63 (Administrative Fines) |
A person who falls under any of the following subparagraphs shall be subject to an administrative fine not exceeding three million won: <Amended on May. 31, 2010; Jan. 11, 2022>
| 1. | Anyone who fails to pay accident compensation benefits, in violation of Article 11; |
| 2. | Anyone who fails to keep documents regarding subsidization of costs and loan to cover costs under Article 23-2; |
| 3. | Anyone who fails to report under Article 28 (3); |
| 4. | Anyone who fails to return training fees, in violation of Article 30 (2); |
| 4-2. | Anyone, other than a polytechnic college, has used the identity of a polytechnic college or any other title similar thereto, in violation of Article 51; |
| 5. | Anyone who fails to report under Article 58 or reports falsely; |
| 6. | Anyone who fails to comply with an order to submit materials under Article 58 or submits false materials; |
| 7. | Any person who refuses, obstructs, or evades the inspection of relevant documents by access of relevant public officials under Article 58 or gives a false answer to questions. |
| (2) | Administrative fines under paragraph (1) shall be imposed and collected by the Minister of Employment and Labor, as prescribed by Presidential Decree. <Amended on Jun. 4, 2010> |
[This Article Wholly Amended on Dec. 31, 2008]
[Moved from Article 48 <May 31, 2010>]
[Enforcement Date: Dec. 12, 2023] Article 63
ADDENDA <Act No. 7298, Dec. 31, 2004>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Recognition for Training Courses)
The training courses in any vocational skills development training conducted after being recognized or designated by the Minister of Labor under the previous provisions, which are ongoing at the time this Act enters into force, shall be deemed the vocational skills development training courses recognized under the amended provisions of Article 24 until the relevant training courses are completed. Article 3 (Transitional Measures concerning Vocational Skills Development Training Establishments)
| (1) | Any public occupational training establishment that has received approval for its establishment from the Minister of Labor and has already been established at the time this Act enters into force shall be deemed to have been approved by the Minister of Labor under Article 27 of this Act. |
| (2) | Any vocational skills development training establishment that has received designation from the Minister of Labor and has already been established at the time this Act enters into force shall be deemed a designated occupational training establishment designated by the Minister of Labor under Article 28, for two years from the date this Act enters into force. <Amended by Act No. 8073, Dec. 21, 2006> |
Article 4 (Transitional Measures concerning Corporations for Vocational Skills Development Training)
Any vocational skills development training corporation that has obtained permission for its establishment under the previous provisions at the time this Act enters into force shall be deemed a corporation for vocational skills development training established after obtaining permission therefor under Article 32. Article 5 (Transitional Measures concerning Qualifications for Teachers of Vocational Skills Development Training)
Anyone who has acquired qualifications as a vocational skills development teacher under the previous provisions at the time this Act enters into force shall be deemed a person qualified as a vocational skills development teacher under of Article 33. Article 6 (Transitional Measures concerning Grounds of Disqualification for Teachers of Vocational Skills Development Training)
Anyone who has been subjected to a disposition to revoke qualifications as a vocational skills development teacher at the time this Act enters into force shall be governed by the previous provisions, notwithstanding the provisions of subparagraph 6 of Article 34. Article 7 (Transitional Measures concerning Disposition Taken to Illegal Conduct)
Anyone who has been subjected to revocation or suspension of qualifications, restrictions on entrustment, restrictions on recognition, designation, etc. by the Minister of Labor under the previous Articles 10, 17-2, and 28-2 at the time this Act enters into force shall be deemed a person subjected to revocation or suspension of qualification, restrictions on entrustment, restrictions on recognition, designation, etc. under Articles 35, 16 and 25. Article 8 (Transitional Measures concerning Penalty Provisions)
The application of penalty provisions and administrative fines to any conduct performed before this Act enters into force shall be governed by the previous provisions.
Article 9 Omitted.
Article 10 (Relationship to Other Statutes)
Where the previous Vocational Training Promotion Act is cited or applied mutatis mutandis by another statute at the time this Act enters into force, this Act and the relevant provisions of this Act shall be deemed cited or applied mutatis mutandis in place of the previous provisions if such provisions corresponding thereto exist in this Act.
ADDENDA <Act No. 7428, Mar. 31, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDUM <Act No. 8073, Dec. 21, 2006>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 8294, Jan. 26, 2007>
| (1) | (Enforcement Date) This Act shall enter into force three months after the date of its promulgation. |
| (2) | (Transitional Measures concerning Restrictions on Entrustment of Vocational Skills Development Training and Additional Collection) Where anyone who has been entrusted with vocational skills development training under Article 16 (1) has obtained or intends to obtain training fees by fraud or other improper means before this Act enters into force, the previous provisions shall apply, notwithstanding the amended provisions of Article 16 (3) and (5). |
| (3) | (Transitional Measures concerning Restrictions on Recognition for Vocational Skills Development Training Courses and Additional Collection) Where anyone whose vocational skills development training courses have been recognized under Article 24 has received or intends to receive any subsidy or loan to cover the costs thereof by fraud or other improper means before this Act enters into force, the previous provisions shall apply, notwithstanding the amended provisions of Article 25 (2) and (4). |
ADDENDA <Act No. 8372, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 17 Omitted.
ADDENDA <Act No. 8429, May 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 8814, Dec. 27, 2007>
| (1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation. |
ADDENDA <Act No. 8815, Dec. 27, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Act No. 9316, Dec. 31, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 23-2, 25 (1) 3, and 48 (1) 2 shall enter into force three months after the date of its promulgation. Article 2 (Applicability concerning Revocation of Recognition due to Illegal Payment from Business Owners, etc.)
The amended provisions of Article 25 (1) 3 shall begin to apply from the first time anyone has received or intends to receive reimbursement of expenses by fraud or other improper means after the said amended provisions enter into force. Article 3 (Applicability concerning Imposition of Administrative Fines due to Violations of Obligations to Keep Documents)
The amended provisions of Article 48 (1) 2 shall begin to apply from the first time documents regarding costs for vocational skills development projects subsidized or loaned are retained after the said amended provisions enter into force.
ADDENDA <Act No. 9792, Oct. 9, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2010.
Articles 2 and 3 Omitted.
ADDENDA <Act No. 10337, May 31, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation: Provided, That the amended provisions of Article 5 shall enter into force on Jan. 1, 2012. Article 2 (Repeal of Other Acts)
Article 3 (Transitional Measures concerning Recognition for Vocational Skills Development Training Course)
Of vocational skills development training courses recognized under the previous Article 24 at the time this Act enters into force, the vocational skills development training course recognized for a person who intends to conduct vocational skills development training for which a worker is entitled to receive reimbursement for training costs under the previous Article 21 (1) 1 shall be deemed the course of vocational skills development training recognized under the amended provisions of Article 19. Article 4 (Transitional Measures concerning Polytechnic College)
A polytechnic college which has already been established under the previous Polytechnic College Act at the time this Act enters into force shall be considered to be the polytechnic college under the amended provisions of Article 39. Article 5 (General Transitional Measures concerning Disposition, etc.)
An act performed by or in relation to an administrative agency under the previous Polytechnic College Act as at the time this Act enters into force shall be deemed performed by or in relation to an administrative agency under this Act corresponding thereto. Article 6 (Transitional Measures concerning Administrative Fines)
Where the provision of an administrative fine is applied with respect to the act that anyone who is not identical to the Polytechnic College has used the identity of the Polytechnic College or a title similar thereto as at the time before this Act enters into force, the previous Polytechnic College Act shall apply. Article 7 Omitted.
Article 8 (Relationship to Other Statutes)
ADDENDA <Act No. 10338, May 31, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force on Jan. 1, 2011.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 10339, Jun. 4, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force one month after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Act No. 10866, Jul. 21, 2011>
Article 1 (Enforcement Date)
This Act enters into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA <Act No. 11042, Sep. 15, 2011>
Article 1 (Enforcement Date)
This Act enters into force on July 1, 2012.
Article 2 Omitted.
ADDENDA <Act No. 11272, Feb. 1, 2012>
Article 1 (Enforcement Date)
This Act enters into force five months after the date of its promulgation.
Article 2 (Transitional Measures concerning Revocation of Designation, etc.)
Designated occupational training establishments in which any cause of revocation, etc. of designation has occurred before this Act enters into force shall be governed by the former provisions, notwithstanding the amended provisions of Article 31 (1).
ADDENDA <Act No. 11461, Jun. 1, 2012>
Article 1 (Enforcement Date)
This Act enters into force three months after the date of its promulgation.
Articles 2 through 10 Omitted.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
| (1) | This Act enters into force on the date of its promulgation. |
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 12627, May 20, 2014>
This Act enters into force one month after the date of its promulgation.
ADDENDA <Act No. 13042, Jan. 20, 2015>
Article 1 (Enforcement Date)
This Act enters into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Revocation of Designation, etc.)
A person declared incompetent under the adult guardianship or quasi-competent under the limited guardianship referred to in the amended provisions of subparagraph 1 of Article 29 and subparagraph 1 of Article 34 shall be deemed to include a person declared incompetent or quasi-competent and such declaration remains in force pursuant to Article 2 of Addenda of the amended Civil Act (Act No. 10429).
ADDENDA <Act No. 13902, Jan. 27, 2016>
Article 1 (Enforcement Date)
This Act enters into force on six months after the date of its promulgation.
Article 2 (Applicability concerning Return of Money Unlawfully Received, etc., and Additional Collection)
The amended provisions of Article 56 (1) or (2) shall begin to apply from the first case where a person who has received any subsidy or loan pursuant to this Act, falls under any ground for the return of money unlawfully received, etc., as provided for in Article 56 (1) or (2) after this Act enters into force. Article 3 (Applicability concerning Penalty Provisions)
Article 62-3 shall begin to apply from the first case where any subsidy or loan is received by fraud or other improper means after this Act enters into force.
ADDENDA <Act No. 16413, Apr. 30, 2019>
Article 1 (Enforcement Date)
This Act enters into force on the date of its promulgation.
Article 2 Omitted.
ADDENDA <Act No. 17186, Mar. 31, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Joint Liability for Money to be Returned and Collected Additionally)
The amended provisions of Article 56-4 shall begin to apply from the first case where any subsidy or loan is received by fraud or other improper means after this Act enters into force. Article 3 (Applicability to Publication of Termination of Entrustment Contract for Vocational Skill Development Training)
| (1) | With regard to the calculation of the amount prescribed by Presidential Decree under the amended provisions of Article 56-2 (1) 1, the calculation shall begin to apply from the first case where a subsidy is received by fraud or other improper means after this Act enters into force. |
| (2) | With regard to the inclusion of the number of times the entrustment contract is terminated or the recognition is revoked under the amended provisions of Article 56-2 (1) 2 shall begin to apply from the first case where the entrustment contract is terminated or the recognition is revoked after this Act enters into force. |
ADDENDUM <Act No. 17326, May 26, 2020>
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDA <Act No. 17883, Jan. 5, 2021>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Articles 2 through 9 Omitted.
ADDENDA <Act No. 18425, Aug. 17, 2021>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 Omitted.
Article 3 (Relationship to Other Statutes or Regulations)
Any citation of the previous Act on the Development of Vocational Skills of Workers or any provisions thereof by other statutes or regulations as at the time this Act enters into force shall be deemed a citation of this Act or the corresponding provisions thereof in lieu of the previous provisions, if such corresponding provisions exist herein.
ADDENDA <Act No. 18751, Jan. 11, 2022>
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 62-3 through 62-6 shall enter into force three months after the date of its promulgation. Article 2 (Applicability to Termination of Entrustment Contracts for Vocational Skills Development Training and Revocation of Recognition of Vocational Skills Development Training Courses)
Article 3 (Applicability to Restriction on Lectures by Vocational Skill Development Teachers)
The amended provisions of Article 35-2 shall begin to apply where vocational skills development teachers, etc. cause significant hindrance to vocational skills development training by intent or gross negligence after this Act enters into force. Article 4 (Applicability to Restrictions on Receiving Subsidies or Loans or Taking Courses after Illegal Conducts)
The amended provisions of Article 55 (1) and (2) shall begin to apply where a person or entity falls under any subparagraph of paragraph (1) of that Article or commits an illegal conduct specified in any subparagraph of paragraph (2) of that Article after this Act enters into force. Article 5 (Applicability to Additional Collection of Unlawfully Received Money)
The amended provisions of Article 56 (3) shall begin to apply where any subsidy or loan is granted by fraud or other improper means after this Act enters into force.