[This Article Wholly Amended on Mar. 31, 2009]
| Article 2 (Scope of Public Organizations Eligible to Establish Vocational Skills Development Training Establishments) |
| 4. | Deleted; <Aug. 25, 2010> |
[This Article Wholly Amended on Mar. 31, 2009]
| Article 3 (Classification and Methods of Vocational Skills Development Training) |
| (1) | Vocational skills development training shall be classified as follows based on the objectives of training: <Amended on Feb. 17, 2022> |
| 1. | Basic training: Vocational skills development training designed to facilitate the acquisition of basic job competencies necessary for jobs; |
| 2. | Upgrade training: Vocational skills development training conducted for workers who have received basic training or who have basic job competencies necessary for their occupation to acquire higher-level job competencies or supplement their knowledge or skills in line with technological advances; |
| 3. | Outplacement training: Vocational skills development training designed to facilitate the acquisition of job competencies necessary for similar or new jobs. |
| (2) | Vocational skills development training shall be conducted as follows; <Amended on Aug. 25, 2010> |
| 1. | Outside training: Training conducted at an establishment established exclusively for conducting vocational skills development training or any other establishment suitable for conducting training (excluding production facilities or places of working of industrial enterprises); |
| 2. | In-service training: Training conducted at production facilities or places of working of any industrial enterprises; |
| 3. | Distance training: Training persons in remote places using information and communication media; |
| 4. | Mixed training: Training conducted by concurrently using two or more training methods set forth in subparagraphs 1 through 3. |
[This Article Wholly Amended on Mar. 31, 2009]
| Article 4 (Ages of Persons Eligible for Vocational Skills Development Training) |
Vocational skills development training shall be conducted for persons aged at least 15; however, the head of a vocational skills development training establishment may separately determine the age range of persons eligible for training among persons aged at least 15; or may determine necessary academic background, experience or qualifications depending on the occupational category for, or the details of, the training. <Amended on Aug. 25, 2010>
[This Article Wholly Amended on Mar. 31, 2009]
| Article 5 (Accident Compensation Benefits) |
[This Article Wholly Amended on Mar. 31, 2009]
| Article 5-2 (Vocational Skills Development Projects by Public Organizations) |
| (1) | "Projects prescribed by Presidential Decree" in subparagraph 6 of Article 11-2 of the Act means the following: <Amended on Jul. 12, 2010; Aug. 25, 2010; Feb. 17, 2022> |
| 1. | Work capacity training for employees in office; |
| 2. | Vocational skills development training projects implemented jointly with a small or medium enterprise or enterprise eligible for preferential support for workers, etc. working at enterprises referred to in Article 12 of the Enforcement Decree of the Employment Insurance Act (hereinafter referred to as "enterprise eligible for preferential support"); |
| 3. | Broadcasting projects and distance training projects concerning vocational skills development; |
| 4. | Other projects determined and publicly notified by the Minister of Employment and Labor, aimed at promoting the lifelong vocational skills development. |
| (2) | In conducting vocational skills development training pursuant to subparagraph 1 of Article 11-2 of the Act, the head of a public organization shall determine the types of occupations subject to training and the number of persons to be trained after listening to consensus from workers' and employers' organizations in the relevant region. <Amended on Aug. 25, 2010> |
[This Article Wholly Amended on Mar. 31, 2009]
[Moved from Article 16 <Aug. 25, 2010>]
| Article 6 (Persons Eligible for Vocational Skills Development Training) |
| (1) | The following persons shall be excluded from those eligible for vocational skills development training under Article 12 of the Act: |
| 1. | A person currently in the period of restriction on receiving support, loan, and taking courses under Article 55 of the Act; |
| 2. | A person who takes a vocational skills development training course offered or subsidized by the State or a local government; |
| 3. | An unemployed person who fails to file for registration of job seeking with an employment security office under the Employment Security Act (hereinafter referred to as "employment security office") or a local government (limited to training conducted by a local government). |
| (2) | The Minister of Employment and Labor may exclude any of the following persons from those eligible for vocational skills development training in consideration of the master plan for vocational skills development under Article 5 of the Act, the budget, and other factors: |
| 6. | Other persons who are prescribed by Ordinance of the Ministry of Gender Equality and Family in consideration of their income level. |
[This Article Wholly Amended on Feb. 17, 2022]
| Article 6-2 (Persons Eligible for Vocational Skills Development Training under Other Statutes or Regulations) |
The State and local governments may conduct vocational skills development training for any of the following persons, or subsidize expenses incurred therefrom, if necessary for creating and promoting the employment of the following persons:
[This Article Newly Inserted on Feb. 17, 2022]
| Article 7 (Vocational Skills Development Training Courses) |
| (1) | The vocational skills development training courses under Article 12 of the Act shall be determined by the Minister of Employment and Labor based upon the ease of finding employment (including cases of operating a for-profit business; hereinafter the same shall apply), status of supply and demand of human resources at industrial sites, demand of training, characteristics of persons eligible for training, etc. <Amended on Jul. 12, 2010; Aug. 25, 2010> |
| (2) | Deleted. <Feb. 17, 2022> |
| (3) | Where the State or a local government conducts vocational skills development training under Article 12 of the Act through any vocational skills development training establishment, etc., it may pay training fees to persons receiving the vocational skills development training or the vocational skills development training establishment, etc. <Amended on Aug. 25, 2010> |
| (4) | Any person who receives vocational skills development training under Article 12 of the Act shall be paid training allowances in accordance with the standards prescribed by the Minister of Employment and Labor based upon circumstances of the trainee such as his/her income level and family circumstances, occupational category for which the training is provided, number of times that the trainee has attended the training, etc. <Amended on Aug. 25, 2010> |
| (5) | No period of vocational skills development training under Article 12 of the Act shall exceed one year: Provided, That the head of a vocational skills development training establishment may set the training period differently if deemed necessary for efficiently training of human resources. <Amended on Aug. 25, 2010> |
| (6) | Matters necessary for organizing curricula, managing trainees, and providing employment information required for vocational skills development training under Article 12 of the Act shall be determined by the Minister of Employment and Labor. <Amended on Jul. 12, 2010; Aug. 25, 2010> |
[This Article Wholly Amended on Mar. 31, 2009]
[Title Amended on Feb. 17, 2022]
| Article 8 Deleted. <Aug. 25, 2010> |
| Article 9 Deleted. <Aug. 25, 2010> |
| Article 10 (Selection of Occupational Categories in National Key and Strategic Industries) |
| (1) | The Minister of Employment and Labor shall select occupational categories in national key and strategic industries under Article 15 of the Act; and may change them if necessary. In such cases, he/she shall consider the status of supply and demand of human resources, demand of training, etc. at industrial sites; and shall listen to the opinions of organizations and specialists in the relevant field and the heads of related central administrative agencies in advance. <Amended on Jul. 12, 2010; Aug. 25, 2010> |
| (2) | When the Minister of Employment and Labor selects or changes occupational categories in national key and strategic key national strategic industries, he/she shall publicly notify such fact. <Amended on Jul. 12, 2010; Aug. 25, 2010> |
[This Article Wholly Amended on Mar. 31, 2009]
[Title Amended on Aug. 25, 2010]
| Article 11 (Persons Eligible for Training in Occupational Categories in National Key and Strategic Industries) |
| (1) | Persons eligible for vocational skills development training for efficient supply of and demand for human resources in occupational categories in national key and strategic industries (hereinafter referred to as "training in occupational categories in national key and strategic industries") shall be selected from among those who falls under Article 6 (1) 1 and those who do not fall under subparagraph 2 of that Article: <Amended on Jul. 12, 2010; Aug. 25, 2010; Jan. 10, 2023> |
| 1. | Deleted; <Aug. 25, 2010> |
| 2. | Deleted. <Aug. 25, 2010> |
| (2) | Courses for training in occupational categories in national key and strategic industries shall fall under any of the following: <Amended on Dec. 30, 2011> |
| 1. | Training courses designed according to requests from industrial circles, including business owners, organizations of business owners or its alliances under Article 20 of the Act; |
| 2. | Training courses designed at the request of the business owners who have contracted to employ trainees; |
| 3. | Training courses designed according to the requests of the heads of related central administrative agencies; |
| 5. | Training courses that the Minister of Employment and Labor deems necessary for the efficient supply of and demand for human resources. |
| (3) | Persons who receive training in occupational categories in national key and strategic industries may be paid training allowances as determined by the Minister of Employment and Labor based upon the characteristics of persons eligible for training, number of times having attended such training, etc. <Amended on Jul. 12, 2010; Aug. 25, 2010> |
| (4) | Matters necessary for the training period, organizing curricula, managing trainees, providing employment information, etc. with regard to training in occupational categories in national key and strategic industries, shall be determined by the Minister of Employment and Labor. <Amended on Aug. 25, 2010; Dec. 30, 2011> |
[This Article Wholly Amended on Mar. 31, 2009]
[Title Amended on Aug. 25, 2010]
| Article 12 (Institutions Eligible to be Outsourced with Vocational Skills Development Training) |
“Person prescribed by Presidential Decree” in Article 16 (1) of the Act means the following: <Amended on Jul. 12, 2010; Aug. 25, 2010; Dec. 30, 2011; Jul. 14, 2020> | 1. | A vocational skills development training establishment; |
| 3. | A lifelong education facility authorized, registered, declared, or reported under the Lifelong Education Act; |
| 5. | Any other facility or institution to which the head of an agency that intends to outsource vocational skills development training referred to in Article 12 or 15 of the Act, recognizing that it is capable of conducting such vocational skills development training. |
[This Article Wholly Amended on Mar. 31, 2009]
| Article 13 (Outsourcing Vocational Skills Development Training) |
| (1) | When the State or a local government intends to outsource vocational skills development training as prescribed in Article 16 (1) of the Act, it shall enter into an outsourcing contract providing for the following matters with an outsource of such training: <Amended on Aug. 25, 2010> |
| 1. | Training courses and training contents; |
| 2. | Matters concerning persons eligible for training and management of trainees; |
| 3. | Matters concerning training fees and the payment, recovery, etc. thereof; |
| 4. | Matters concerning purchase of an accident compensation insurance and payment of accident compensation benefits; |
| 5. | Matters concerning terminating, etc. the outsourcing contract; |
| 6. | Other matters necessary for preventing poor training, etc. |
| (2) | Where it is intended to outsource vocational skills development training pursuant to Article 16 (1) of the Act, the level of training fees to be paid for outsourced training shall be determined by the Minister of Employment and Labor based upon the types of occupation subject to training, persons to be trained, outcomes of the training, etc. <Amended on Jul. 12, 2010> |
| (3) | The standards for outsourcing vocational skills development training under Article 16 (1) of the Act shall be determined by the Minister of Employment and Labor based upon the types of occupations subject to training, experience in education and training, facilities and equipment, teachers and instructors, findings of the evaluation conducted pursuant to Article 53 of the Act, and other relevant matters. <Amended on Jul. 12, 2010; Aug. 25, 2010> |
| (4) | Detailed standards for taking such measures as requests for correcting vocational skills development training, termination of the relevant outsourcing contract, restrictions on outsourcing, etc. under Article 16 (2) and (3) of the Act shall be prescribed by Ordinance of the Ministry of Employment and Labor in consideration of the involvement of any intention or gross negligence, gravity and frequency of violations, etc. <Amended on Aug. 25, 2010> |
[This Article Wholly Amended on Mar. 31, 2009]
| Article 13-2 (Fraudulently Received Amount Not Subject to Restrictions on Outsourcing Vocational Skills Development Training, etc.) |
[This Article Wholly Amended on Aug. 25, 2010]
| Article 14 (Committee for Examination of Training Courses) |
| (1) | Where vocational skills development training is outsourced pursuant to Article 16 of the Act, a committee for examination of training courses, etc. may be established in the outsourcing agency to deliberate on the selection of an institute to be outsourced and training courses, propriety of training plans, etc. |
| (2) | Matters necessary for the composition, operation, etc., including training courses under paragraph (1), shall be determined by the head of the outsourcing agency. |
[This Article Wholly Amended on Mar. 31, 2009]
| Article 15 (Support for Autonomous Vocational Skills Development by Workers) |
| (1) | "Enterprises meeting the standards determined by Presidential Decree" in Article 17 (2) 1 of the Act means enterprises eligible for preferential support. <Amended on Aug. 25, 2010> |
| (2) | "Workers prescribed by Presidential Decree" in Article 17 (2) 2 of the Act means any of the following persons: <Amended on Aug. 25, 2010> |
| 1. | Daily-employed workers; |
| 4. | Temporary agency workers defined in subparagraph 5 of Article 2 of the Act on the Protection, etc. of Temporary Agency Workers. |
[This Article Wholly Amended on Mar. 31, 2009]
[Moved from Article 18; previous Article 15 Deleted]
| Article 16 (Accounts for Vocational Skills Development) |
| (1) | Where a person who has applied to be issued with an account for vocational skills development referred to in Article 18 (1) of the Act (hereinafter referred to as "account for vocational skills development") is found to be in need of vocational skills development training, the Minister of Employment and Labor may issue an account for vocational skills development through which the costs for vocational skills development training and his/her history of vocational skills development is comprehensively administered electronically. <Amended on Aug. 25, 2010; Dec. 30, 2011; Jul. 14, 2020; Feb. 17, 2022> |
| (2) | Where a person issued with an account for vocational skills development takes a training course fit for the account under Article 18 (2) 1 of the Act (hereinafter referred to as "training course fit for the account"), the Minister of Employment and Labor shall provide him or her with information on the status of operation, training outcomes, etc. of the training course fit for the account through the information network for developing vocational skills under Article 6 (1) of the Act or counseling, etc. <Newly Inserted on Sep. 29, 2020; Feb. 17, 2022> |
| (3) | The Minister of Employment and Labor shall offer consulting and counseling services on vocational skills development under Article 18 (2) 2 of the Act, based on the information provided pursuant to paragraph (2). <Newly Inserted on Sep. 29, 2020> |
| (4) | Where a person issued with an account for vocational skills development takes a training course fit for the account, the Minister of Employment and Labor may fully or partially subsidize the relevant training costs within the limit prescribed by Ordinance of the Ministry of Employment and Labor. In such cases, the Minister of Employment and Labor may set a different level of subsidization of training costs, based upon the types of occupations subject to training, characteristics of persons to be trained, etc. <Amended on Jul. 12, 2010; Aug. 25, 2010; Dec. 30, 2011; Jul. 14, 2020; Sep. 29, 2020; Feb. 17, 2022> |
| (5) | Where a person who takes a training course fit for the account pays training fees with a credit card defined in subparagraph 3 of Article 2 of the Specialized Credit Finance Business Act, as determined by the Minister of Employment and Labor, and the credit card company which has issued the relevant credit card pays such training fees to the vocational skills development training establishment, etc., the Minister of Employment and Labor may pay the training fees to the credit card company on behalf of the person receiving the training. <Amended on Jul. 12, 2010; Aug. 25, 2010; Sep. 29, 2020; Feb. 17, 2022> |
| (6) | Matters necessary for the procedures, etc. for issuing accounts for vocational skills development shall be determined and publicly notified by the Minister of Employment and Labor. <Amended on Jul. 12, 2010; Dec. 30, 2011; Sep. 29, 2020> |
[This Article Newly Inserted on Mar. 31, 2009]
[Moved from Article 18-2; previous Article 16 moved to Article 5-2 <Aug. 25, 2010>]
| Article 17 (Approval of Vocational Skills Development Training Courses) |
| (1) | The Minister of Employment and Labor may recognize a training course that fulfills all of the following requirements as a vocational skills development training course (including any training course fit for the account; hereafter in this Article the same shall apply) prescribed in Article 19 of the Act, and if there is any findings from evaluation under Article 53 of the Act on a person who intends to obtain approval of a training course, such findings may be reflected: <Amended on Dec. 30, 2011> |
| 1. | It shall fulfill the requirements determined by the Minister of Employment and Labor, such as the training period and hours, teachers and instructors, training content, and training facilities and equipment; |
| 2. | The training shall be conducted at any of the following establishments or institutions: |
| (a) | An establishment or institution eligible to be outsourced with vocational skills development training pursuant to subparagraphs 1 through 4 of Article 12; |
| (2) | The contents to be recognized regarding a vocational skills development training course pursuant to Article 19 of the Act shall be as follows: <Amended on Dec. 30, 2011> |
| 1. | The name and location of the establishment or institution, and the name of the person recognized (in cases of a corporation, the name and location of the corporation and the name of its representative); |
| 2. | The name of the vocational skills development training course, training content, training period and hours, training methods, training place, training facilities and equipment, teachers and instructors, and training fees; |
| 3. | The date of recognition. |
| (3) | The term of validity of the recognition of a vocational skills development training course by the Minister of Employment and Labor under Article 19 of the Act shall be determined by the Minister of Employment and Labor based upon demand in human resources in the industries, demand for training of the relevant course, etc., but shall not exceed three years. <Amended on Jan. 5, 2021> |
| (4) | Notwithstanding paragraph (3), if the outsourcing contract for at least one course among the courses operated by a person who operates at least two vocational skills development training courses are terminated pursuant to Article 16 (2) of the Act, or if a person who operates vocational skills development training courses becomes subjected to the restriction on outsourcing or recognition under Article 16 (3), 19 (3) or 24 (3) of the Act due to the revocation of the recognition of training courses under Article 19 (2) or 24 (2) of the Act (hereafter in this Article and Article 22, referred to as "termination of outsourcing or revocation of recognition"), the term of validity of the recognition of other vocational skills development training courses operated by the person who operates the relevant vocational skills development training courses (hereafter in this Article, referred to as "other training courses") shall be terminated on one of the following dates: <Amended on Jul. 14, 2020> |
| 1. | If any training associated with another training course is being conducted as at the date outsourcing is terminated or recognition is revoked, the date the relevant training is terminated; |
| 2. | If no training is associated with another training course being conducted as at the date the outsourcing is terminated and recognition is revoked, the date outsourcing is terminated or recognition is revoked. |
[This Article Wholly Amended on Aug. 25, 2010]
[Title Amended on Dec. 30, 2011]
[Moved from Article 22-2; previous Article 17 moved to Article 19 <Aug. 25, 2010>]
| Article 18 (Fraudulently Received Amount Not Subject to Restrictions on Recognition when Recognition of Vocational Skills Development Training Courses and Training Courses Fit for Account is Revoked) |
[This Article Newly Inserted on Aug. 25, 2010]
[Previous Article 18 moved to Article 15 <Aug. 25, 2010>]
[Previous Article 18-2 moved to Article 16 <Aug. 25, 2010>]
| Article 19 (Support for Vocational Skills Development Projects for Business Owners, Business Owners' Organizations, etc.) |
| (1) | "Projects prescribed by Presidential Decree" in Article 20 (1) 7 of the Act means the following: <Amended on Jul. 12, 2010; Aug. 25, 2010; Apr. 23, 2019; Jul. 14, 2020> |
| 1. | Projects to establish learning organizations and human resources development system in enterprises; |
| 2. | Projects to manage workers' career development; |
| 3. | Projects to build information networks for workers' vocational skills development; |
| 4. | Education and publicity projects concerning vocational skills development projects; |
| 5. | Projects to support vocational skills development for construction workers; |
| 7. | Projects to develop capacity of vocational skills development teachers referred to in Article 33 (2) of the Act (hereinafter referred to as "vocational skills development teachers") and persons in charge of human resources development (referring to persons in charge of planning, operating, evaluating, etc. vocational skills development projects in vocational skills development training establishments, enterprises, etc.); |
| 8. | Other projects determined and publicly notified by the Minister of Employment and Labor, implemented to promote the vocational skills development of workers. |
| (2) | "Enterprises meeting the standards determined by Presidential Decree" in Article 20 (2) 6 of the Act means enterprises eligible for preferential support. |
| (3) | The subsidies and loans to cover expenses, preferential support, etc. to be granted to business owners, their organizations, workers' organizations or their alliances (hereinafter referred to as “business owners' organizations, etc.") under Article 20 of the Act, shall be governed by Articles 41, 42, 48, 49, 51, 52, and 54 of the Enforcement Decree of the Employment Insurance Act. <Amended on Aug. 25, 2010; Jul. 26, 2016> |
[This Article Wholly Amended on Mar. 31, 2009]
[Title Amended on Aug. 25, 2010]
[Moved from Article 17; previous Article 19 moved to Article 20 <Aug. 25, 2010>]
| Article 20 (Support for Vocational Skills Development Projects by Industry Category) |
| 1. | Projects for developing capacity of vocational skills development teachers and persons in charge of human resources development; |
| 2. | Surveys, research, education and publicity projects concerning vocational skills development projects; |
| 3. | Other projects determined and publicly notified by the Minister of Employment and Labor as those implemented to promote industry-specific vocational skills development. |
| (3) | If the Minister of Employment and Labor intends to grant a subsidy or loan pursuant to Article 22 of the Act to any business owners' organization, etc. whose industry category entirely or partially overlaps with that of any consultative body on human resources development for each industry, he/she shall have a prior consultation with the heads of relevant central administrative agencies, such as the Minister of Education and the Minister of Trade, Industry and Energy. <Newly Inserted on Jul. 26, 2016> |
[This Article Wholly Amended on Aug. 25, 2010]
[Title Amended on Jul 26, 2016]
[Moved from Article 19; previous Article 20 moved to Article 21 <Aug. 25, 2010>]
| Article 20-2 (Matters subject to Deliberation by each Regional Human Resources Development Committee) |
| 1. | Surveys and research to enhance the regional residents' awareness of the human resources development in the region; |
| 2. | Publicity plans to invigorate human resources development projects in the region; |
| 3. | Other matters the Minister of Employment and Labor deems necessary to invigorate human resources development projects in the region. |
[This Article Newly Inserted on Jul. 26, 2016]
| Article 20-3 (Consultation on Matters subject to Deliberation by each Regional Human Resources Development Committee) |
Where the Minister of Employment and Labor intends to deliberate on matters prescribed in the subparagraphs of Article 22-2 (1), he/she shall consult with the heads of related central administrative agencies, if deemed necessary. [This Article Newly Inserted on Jul. 26, 2016]
| Article 20-4 (Composition and Operation of each Regional Human Resources Development Committee) |
| (1) | Each regional human resources development committee under Article 22-2 (1) of the Act (hereafter in this Article, referred to as the "committee") shall be comprised of not more than 30 persons, including co-chairpersons. |
| (2) | Persons falling under subparagraphs 1 and 2 shall be co-chairpersons: |
| 1. | One person commissioned by the Minister of Employment and Labor from among the head or deputy head of the relevant local government; |
| 2. | Not more than three persons elected by and from among the members prescribed in paragraph (3) 2 through 5. |
| (3) | Members of the committee shall be appointed or commissioned by the Minister of Employment and Labor from among the following persons having due regard to gender equality: <Amended on Jul. 26, 2017; Jul. 14, 2020> |
| 1. | Public officials belonging to the relevant regional employment and labor office, regional SMEs and startups office, and local government, and the Office of Education of the relevant Special Metropolitan City, Metropolitan City, Special Self-Governing City, Do, or Special Self-Governing Province; |
| 2. | Business owners in the region; |
| 3. | Members of business owners' organizations, etc. in the region; |
| 5. | Persons with extensive knowledge of and experience in developing human resources in the region. |
| (4) | The term of office of each commissioned member among the members prescribed in paragraph (3), shall be two years. |
| (5) | The Minister of Employment and Labor may remove or dismiss a committee member under paragraph (3) from office, in any of the following cases: |
| 1. | Where the member becomes incapable of performing his/her duties due to a mental or physical disorder; |
| 2. | Where the member engages in misconduct regarding his/her duties; |
| 3. | Where the member is deemed unsuitable as a member due to neglect of a duty, loss of dignity, or on any other reason; |
| 4. | Where the member voluntarily admits that it is impractical for him/her to perform his/her duties. |
| (6) | Co-chairpersons shall jointly represent the committee and exercise overall control over the affairs of the committee. |
| (7) | Committee meetings shall be convened by the co-chairperson prescribed in paragraph (2) 1; and co-chairpersons shall preside over meetings in consecutive order. |
| (8) | Resolutions shall be adopted by the committee with the attendance of a majority of all incumbent members and the consent of a majority of those present. |
| (9) | Except as provided in subparagraphs (1) through (8), matters necessary for composing and operating the committee shall be determined by the Minister of Employment and Labor. |
[This Article Newly Inserted on Jul. 26, 2016]
| Article 20-5 (Designation of Specialized Research Institutes) |
| (1) | The Minister of Employment and Labor may designate an institution that meets all of the following requirements as a specialized research institute under Article 22-3 (3) of the Act: |
| 1. | It shall be any of the following institutions: |
| 2. | It shall have at least two experts falling under any of the following: |
| (a) | A person who has acquired a doctoral degree in a field relating to vocational skills development; |
| (b) | A person who has engaged in the business affairs relating to vocational skills development for at least five years; |
| 3. | The institution shall have an organization dedicated to business affairs relating to vocational skills development. |
| (2) | Upon designating a specialized research institute under paragraph (1), the Minister of Employment and Labor shall post such fact on the website of the Minister of Employment and Labor. |
| (3) | A person designated as a specialized research institute shall submit to the Minister of Employment and Labor, the results of research related to vocational skills development for the previous year by January 31 of each year. |
| (4) | Except as provided in paragraphs (1) through (3), other matters necessary for the operation, etc. of specialized research institutes shall be determined and publicly notified by the Minister of Employment and Labor. |
[This Article Newly Inserted on Jan. 10, 2023]
| Article 21 (Support for Vocational Skills Development Projects Implemented by Vocational Skills Development Organizations) |
| (1) | "Non-profit corporations or non-profit organizations prescribed by Presidential Decree" in Article 23 (1) of the Act means the following: <Amended on Jul. 12, 2010> |
| 1. | Non-profit corporations or non-profit organizations established to conduct vocational skills development projects under other Acts; |
| 3. | Non-profit corporations specified the Minister of Employment and Labor among non-profit corporations invested and established by the State or local governments (excluding public organizations prescribed in the subparagraphs of Article 2); |
| (2) | Where the Minister of Employment and Labor intends to grant a subsidy or loan for a vocational skills development project conducted by a non-profit corporation or non-profit organization that falls under any subparagraph of paragraph (1) pursuant to Article 23 of the Act (hereinafter referred to as "vocational skills development organization"), he/she shall publicly announce the type and content of the vocational skills development project eligible therefor and the requirements for and details, level, etc. of the subsidy or loan. <Amended on Jul. 12, 2010> |
| (3) | A vocational skills development organization that intends to obtain a subsidy or loan for the vocational skills development project publicly announced pursuant to paragraph (2) shall file an application with the Minister of Employment and Labor, as prescribed by Ordinance of the Ministry of Employment and Labor. <Amended on Jul. 12, 2010> |
[This Article Wholly Amended on Mar. 31, 2009]
[Moved from Article 20 <Aug. 25, 2010>]
| Article 22 (Recognition of Vocational Skills Development Training Courses) |
| (1) | A vocational skills development training course eligible to be recognized by the Minister of Employment and Labor pursuant to Article 24 of the Act shall fulfill all of the following requirements: <Amended on Jul. 12, 2010; Aug. 25, 2010; Dec. 30, 2015; Sep. 29, 2021> |
| 1. | It shall be a training course that fulfills the requirements prescribed by Ordinance of the Ministry of Employment and Labor, with a training period of at least four hours: Provided, That the Minister of Employment and Labor may determine and publicly notify different training periods and training hours for the following training: |
| (b) | Mixed training under Article 3 (2) 4 which includes distance training; |
| (c) | Training conducted directly by a business owner for his/her workers in accordance with the collective agreement, a resolution of the labor-management council or an agreement between labor and management corresponding thereto and the person who has received such training is treated preferentially in personnel management, such as promotion, salary raise, and transfer; |
| 2. | It shall be conducted by any of the following establishments or institutions: |
| (a) | An establishment or institution eligible to be outsourced with vocational skills development training pursuant to subparagraphs 1 through 4 of Article 12; |
| (b) | An establishment established by a business owner (excluding any business owner whose main business is vocational skills development training business) or business owners' organization, etc. to conduct vocational skills development training for its workers, etc.; |
| (d) | Deleted; <Aug. 25, 2010> |
| (e) | Deleted; <Aug. 25, 2010> |
| (f) | Deleted. <Aug. 25, 2010> |
| (2) | Matters to be recognized regarding a vocational skills development training course under Article 24 of the Act shall be as follows: <Amended on Aug. 25, 2010> |
| 1. | The name and location of the establishment or institution, and the name of the person recognized (in cases of a corporation, the name and location of the corporation and the name of its representative); |
| 2. | The name of the vocational skills development training course, training contents, training period and hours, training place, training methods, training facilities and equipment, and teachers and instructors; |
| 3. | The date of recognition. |
| (3) | Recognition of a vocational skills development training course by the Minister of Employment and Labor under Article 24 of the Act shall remain effective for one year from the date of recognition: Provided, That if the outsourcing contract for, or the recognition of, at least one course among the courses operated by a person who operates two or more vocational skills development training courses is terminated or revoked, and thereafter the person who operates the vocational skills development training courses becomes subjected to the restriction on outsourcing or recognition under Article 16 (3), 19 (3), or 24 (3) of the Act; the term of validity of the recognition of other vocational skills development training courses operated by the person who operates the relevant vocational skills development training courses (hereafter in this Article, referred to as "other training courses") shall be terminated on one of the following dates: <Amended on Aug. 25, 2010; Jul. 14, 2020; Sep. 29, 2021> |
| 1. | If training associated with another training course is being conducted as at the date outsourcing is terminated or recognition is revoked, the date the relevant training is terminated; |
| 2. | If no training is associated with another training course being conducted as at the date the outsourcing is terminated and recognition is revoked, the date outsourcing is terminated or recognition is revoked. |
| (4) | Matters necessary for the procedures, etc. for recognizing vocational skills development training courses under Article 24 of the Act shall be prescribed by Ordinance of the Ministry of Employment and Labor. <Amended on Jul. 12, 2010> |
[This Article Wholly Amended on Mar. 31, 2009]
[Previous Article 22-2 moved to Article 17 <Aug. 25, 2010>]
| Article 22-3 (Fraudulently Obtained Amount Not Subject to Restrictions on Recognition when Recognition of Vocational Skills Development Training Courses is Revoked) |
[This Article Wholly Amended on Aug. 25, 2010]
| Article 23 (Issuance of Job Competency Accounts) |
| (1) | The Minister of Employment and Labor shall issue a job competency account (hereinafter referred to as "job competency account") to collect and manage individual job competency data (referring to the job competency data defined in Article 25 (1) of the Act; hereinafter the same shall apply) through an information system on job competency data referred to in Article 25 (3) of the Act (hereinafter referred to as "job competency information system," as prescribed by Ordinance of the Ministry of Employment and Labor. |
| (2) | A person to whom a job competency account is issued pursuant to paragraph (1) may manage his/her job competency data with the job competency account provided by the job competency information system. |
[This Article Newly Inserted on Jun. 27, 2023]
| Article 23-2 (Establishment and Operation of Job Competency Information System) |
| 1. | Information on vocational education and training conducted by the head of a central administrative agency or the head of a local government, utilizing the information network for vocational skills development under Article 6 (1) of the Act; |
| (2) | The Minister of Employment and Labor may perform the following business affairs with the job competency information system: |
| 2. | Recognition of job competency, revocation of recognition, and issuance of certificates of recognition under Article 26 of the Act; |
| 3. | Issuance of an individual job competency account under Article 23 (1); |
| 4. | Production, analysis, and provision of statistics necessary for the management of job competency data; |
| 5. | Business affairs relating to information protection necessary to perform the business affairs prescribed in subparagraphs 1 through 4. |
| (3) | The Minister of Employment and Labor shall manage information contained in the job competency information system in accordance with the following standards: |
| 1. | Ensuring security to prevent information from being lost, stolen, leaked, forged, altered, or damaged; |
| 2. | Information shall be kept up-to-date, accurate, and interlinked. |
[This Article Newly Inserted on Jun. 27, 2023]
| Article 24 (Designation of Vocational Skills Development Training Establishments) |
| (1) | A person who intends to be designated as a vocational skills development training establishment pursuant to Article 28 of the Act shall fulfill all of the following requirements: <Amended on Jul. 12, 2010; Aug. 25, 2010; Apr. 23, 2019; Jul. 14, 2020> |
| 1. | It shall employ at least one of the following persons: Provided, That this shall not apply if the business owner intends to operate an exclusive establishment for vocational skills development training for the purpose of developing vocational skills of workers, etc. under his/her/its management; and in cases of distance training, he/she shall employ personnel separately determined and publicly notified by the Minister of Employment and Labor: |
| (a) | A person who holds a certificate of qualification for vocational counselor grade I or grade II issued under the National Technical Qualification Act; |
| (d) | A person determined and publicly notified by the Minister of Employment and Labor as one corresponding to any of those prescribed in items (a) through (c) among persons who has experience in vocational counseling, vocational guidance, etc.; |
| 2. | The total floor area exclusively for a vocational skills development training establishment shall be at least 180 square meters and the area exclusively for its main lecture room or practice room shall be at least 60 square meters; and if the establishment is rented, the lease period shall be at least one year: Provided, That this shall not apply to distance training; |
| 3. | A person who intends to be designated as a vocational skills development training establishment shall have at least one year’s experience in conducting education and training: Provided, That this shall not apply where a business owners' organization intends to operate an exclusive establishment for vocational skills development training for developing vocational skills of workers, etc. under his/her/its control; |
| 4. | The facilities required for the operation of the vocational skills development training establishment (excluding the facilities referred to in subparagraph 2), equipment, etc. shall fulfill the requirements determined and publicly notified by the Minister of Employment and Labor. |
| (2) | The details of the designation of a designated occupational training establishment under Article 28 of the Act shall be as follows: <Amended on Aug. 25, 2010; Jul. 14, 2020> |
| 1. | The name and location of the vocational skills development training establishment; |
| 2. | The name of its representative (in cases of a corporation, including the name of the corporation); |
| 3. | The types of occupations subject to training and the manner of training under Article 3 (2); |
| (3) | "Matters prescribed by Presidential Decree" in Article 28 (2) of the Act means the matters set forth in paragraph (2) 1 through 3. <Amended on Aug. 25, 2010> |
| (4) | A person who intends to be designated as a vocational skills development training establishment or to change any designated matter, or to file a report on the closure of the establishment (including a report on that no vocational skills development training shall be conducted in the relevant establishment for at least three months; hereinafter the same shall apply); or a report on changes pursuant to Article 28 of the Act, shall file an application or report with the Minister of Employment and Labor, as prescribed by Ordinance of the Ministry of Employment and Labor. <Amended on Jul. 12, 2010> |
| (5) | If an application for designation of a vocational skills development training establishment or for changing any designated matter is deemed acceptable, the Minister of Employment and Labor shall issue the applicant a certificate of designation or a certificate of changed designation. <Amended on Jul. 12, 2010> |
[This Article Wholly Amended on Mar. 31, 2009]
| Article 25 (Refund of Training Fees) |
| (1) | A person designated as a vocational skills development training establishment pursuant to Article 28 of the Act shall refund training fees to the relevant trainees in any of the following cases: <Amended on Feb. 17, 2022> |
| 1. | Where the designation of the vocational skills development training establishment is revoked or an order to suspend vocational skills development training is received pursuant to Article 31 of the Act; |
| 2. | Where the person designated as a vocational skills development training establishment becomes unable to conduct vocational skills development training due to business closure, temporary closure, etc.; |
| 3. | Where a trainee voluntarily gives up vocational skills development training. |
| (2) | Training fees under paragraph (1) shall be refunded within 10 days from the date the grounds for refund occur, in accordance with the following standards: <Amended on Dec. 9, 2014; Jul. 2, 2019> |
| 1. | Where any ground for refund occurs as prescribed in paragraph (1) 1 or 2, the amount minus any applicable deductions calculated in proportion to the number of days from the training fees already paid; |
| 2. | Where any ground for refund occurs as prescribed in paragraph (1) 3, the full amount already paid as training fees if the refund is made before commencing vocational skills development training; and the amount minus any applicable deductions calculated in proportion to the number of days from the training fees already paid if the refund is made after commencing vocational skills development training. |
[This Article Wholly Amended on Mar. 31, 2009]
| Article 25-2 (Standards for Disposition of Revocation of Designation, etc. of Designated Occupational Training Establishments) |
Detailed standards for corrective orders for designated occupational training establishments, revocation of such designation, and disposition to suspend vocational skills development training under Article 31 of the Act shall be as specified in attached Table 1. [This Article Newly Inserted on Jun. 5, 2012]
| Article 26 (Requirements for Permission to Establish Corporations for Vocational Skills Development Training) |
| (1) | A person who intends to obtain permission to establish a vocational skills development training corporation pursuant to Article 32 of the Act shall file an application with the Minister of Employment and Labor, as prescribed by Ordinance of the Ministry of Employment and Labor, after fulfilling all of the following requirements: <Amended on Jul. 12, 2010> |
| 1. | The amount of property contributed shall be at least 200 million won; |
| 2. | The corporation shall have at least five directors and at least one auditor. In such cases, the number of persons mutually related under Article 777 of the Civil Act shall be less than 50 percent of the total number of directors; and no auditor shall be a relative of any director; |
| 3. | No corporation shall have the same name as any other vocational skills development training corporation. |
| (2) | In determining whether to permit establishment of a vocational skills development training corporation pursuant to Article 32 of the Act, the Minister of Employment and Labor shall take into consideration the feasibility of the target business, the ability to perform the business, supply and demand for human resources for the types of occupations subject to training, the number of training establishments and institutions in the relevant region, etc. <Amended on Jul. 12, 2010> |
| (3) | The articles of incorporation of a vocational skills development training corporation shall include the following matters: |
| 3. | The location of its office; |
| 4. | Matters concerning its business; |
| 5. | The types, status, and appraised value of the assets as at the time of establishment; |
| 6. | Matters concerning the asset management methods and accounting; |
| 7. | Matters concerning the fixed number, terms of office, and appointment and dismissal of directors and auditors; |
| 8. | Matters concerning directors exercising voting rights and directors’ power of representation; |
| 9. | Matters concerning amending the articles of incorporation; |
| 10. | If the period of existence and the grounds for dissolution are determined, the timing and reasons therefor and the disposal methods of residual property; |
| 11. | Matters concerning public announcement and methods of public announcement; |
| 12. | Matters concerning business inspection and auditing; |
| 13. | Other matters concerning operating the corporation. |
[This Article Wholly Amended on Mar. 31, 2009]
| Article 26-2 (Procedures for Collecting Money from Persons who Has Disposed of or Changed Residual Assets Reverted) |
| (1) | The Minister of Employment and Labor may collect an amount equivalent to the assets disposed of pursuant to Article 32-2 (5) of the Act from a person who has disposed of any reverted assets in violation of the latter part of Article 32-2 (4) of the Act. <Amended on Jul. 12, 2010> |
| (2) | The Minister of Employment and Labor may order to reinstate any reverted assets to a person who has changed them in violation of the latter part of Article 32-2 (4) of the Act, within a fixed period of up to 60 days. <Amended on Jul. 12, 2010> |
| (3) | If a restoration order is not complied with within the period prescribed in paragraph (2), the Minister of Employment and Labor may, pursuant to Article 32-2 (5) of the Act, collect an amount equivalent to the assets changed. <Amended on Jul. 12, 2010> |
[This Article Wholly Amended on Mar. 31, 2009]
| Article 27 (Persons Qualified to Teach Trainees for Vocational Skills Development Training) |
| (1) | "Persons prescribed by Presidential Decree in Article 33 (1) of the Act means any of the following persons: <Amended on Jul. 12, 2010; Mar. 27, 2017> |
| 1. | A person who has graduated from a school under Article 2 of the Higher Education Act or who has at least one year’s experience in education and training in the relevant field after having academic background of at least the same level recognized; |
| 3. | A person who has acquired a certificate of qualification in the relevant field newly established and managed and operated by the State in accordance with the National Technical Qualifications Act or any other statute or regulation; |
| 4. | A person who has at least one year’s practical experience in the relevant field; |
| 5. | Any other person prescribed by the Ordinance of the Ministry of Employment and Labor as having professional knowledge to teach trainees in the relevant field. |
[This Article Wholly Amended on Mar. 31, 2009]
[Title Amended on Feb. 17, 2022]
| Article 28 (Qualifying as Vocational Skills Development Teachers) |
| (1) | Vocational skills development teachers shall be classified into grade I, grade II or grade III; |
| (2) | "Standards prescribed by Presidential Decree, such as completing training courses for educating vocational skills development teachers under Article 36" in Article 33 (2) of the Act shall be as specified in attached Table 2. <Amended on Jun. 5, 2012> |
| (3) | The Minister of Employment and Labor may hear the opinions of the University of Technology and Education established pursuant to Article 52-2 of the Act (hereinafter referred to the "University of Technology and Education") as to whether the qualification standards for vocational skills development teachers specified in attached Table 2 are met. <Newly Inserted on Jul. 14, 2020; Sep. 29, 2020> |
| (4) | Matters concerning the procedures, etc. for issuing a certificate of qualifications as a vocational skills development teacher under Article 33 of the Act shall be prescribed by Ordinance of the Ministry of Employment and Labor. <Amended on Jul. 12, 2010; Jul. 14, 2020> |
[This Article Wholly Amended on Mar. 31, 2009]
| Article 28-2 (Continuing Education for Vocational Skills Development Teachers, etc.) |
| (1) | A vocational skills development teacher, etc. under Article 33 (1) of the Act (hereinafter referred to as "vocational skills development teacher, etc.") shall receive any of the following continuing education (hereinafter referred to as "continuing education") pursuant to Article 37 (2) of the Act: |
| 1. | Expert knowledge and skills concerning the types of occupations subject to training; |
| 2. | Teaching techniques for training courses; |
| 3. | Guidance and counseling for trainees; |
| 4. | Evaluation of training outcomes and trainees; |
| 5. | Other matters determined and publicly notified by the Minister of Employment and Labor for developing capabilities of vocational skills development teachers, etc. |
| (2) | Vocational skills development teachers, etc. shall receive continuing education each year, and the number of hours they are required to spend receiving such education shall be determined and publicly notified by the Minister of Employment and Labor within 24 hours. |
| (3) | The Minister of Employment and Labor may reflect the outcomes of providing continuing education for vocational skills development teachers, etc. in the affairs related to the performance management, such as evaluation of vocational skills development training courses under subparagraph 4 of Article 7-2 of the Act. |
| (4) | Except as provided in paragraphs (1) through (3), the details necessary for the methods and operation, etc. of continuing education shall be determined and publicly notified by the Minister of Employment and Labor. |
[This Article Newly Inserted on Sep. 29, 2020]
| Article 29 (Support for Capability Development of Vocational Skills Development Teachers, etc.) |
| (1) | Pursuant to Article 37 (3) of the Act, the Minister of Employment and Labor may directly conduct the following projects as vocational skills development projects for developing capabilities of vocational skills development teachers, etc. under Article 37 (1) and (2) of the Act or may provide a person who conducts such projects with a subsidy or loans for necessary expenses: <Amended on Jul. 12, 2010; Sep. 29, 2020> |
| 1. | Education and training projects; |
| 2. | Projects to develop and disseminate training media, training courses, training methods, etc.; |
| 3. | International exchange and international cooperation projects; |
| 4. | Surveys and research projects. |
| (2) | Any person who intends to receive a subsidy or loan for the projects under the subparagraphs of paragraph (1) pursuant to Article 37 (3) of the Act shall obtain approval from the Minister of Employment and Labor for the relevant projects at least three months before commencing the projects, as prescribed by the Ordinance of the Ministry of Employment and Labor. <Amended on Jul. 12, 2010; Sep. 29, 2020> |
| (3) | Matters necessary for the details of subsidies or loans to be granted under Article 37 (3) of the Act, and the procedures and amounts thereof, shall be determined and publicly notified by the Minister of Employment and Labor. <Amended on Jul. 12, 2010; Sep. 29, 2020> |
[This Article Wholly Amended on Mar. 31, 2009]
[Title Amended on Sep. 29, 2020]
| Article 30 (Establishment of Training Standards) |
| (1) | Training standards for each type of occupation subject to training under Article 38 of the Act shall include the following matters: <Amended on Jul. 12, 2010; Dec. 30, 2015> |
| 1. | Objectives of training; |
| 2. | Subjects and their details; |
| 3. | Facilities and equipment; |
| 4. | Training period and training hours; |
| 8. | Other matters determined and publicly notified by the Minister of Employment and Labor as deemed necessary to establish training standards. |
| (2) | Any person, other than the Minister of Employment and Labor, may propose to the Minister of Employment and Labor, to establish or amend the training standards referred to in Article 38 of the Act. In such cases, the proposal shall be accompanied by reasons for establishing or amending the training standards and proposed training standards. <Amended on Jul. 12, 2010> |
| (3) | When the Minister of Employment and Labor receives a proposal to establish or amend training standards pursuant to paragraph (2), he/she shall notify the proposer of the processing outcome, as prescribed by Ordinance of the Ministry of Employment and Labor. <Amended on Jul. 12, 2010> |
| (4) | Where the Minister of Employment and Labor intends to establish or amend training standards pursuant to Article 38 of the Act, he/she shall consider the demands of industrial circles, details of the national qualification examination, opinions of experts in the relevant field, results of job analysis, etc. <Amended on Jul. 12, 2010> |
| (5) | Upon establishing or amending training standards pursuant to Article 38 of the Act, the Minister of Employment and Labor shall publicly notify it. <Amended on Jul. 12, 2010> |
[This Article Wholly Amended on Mar. 31, 2009]
| Article 31 (Consultation on Establishment of Polytechnic College) |
| (1) | The head of a central administrative agency or the head of a local government who intends to consult about the establishment of a polytechnic college pursuant to Article 39 (2) of the Act shall prepare a plan for establishing the polytechnic college and submit it to both the Minister of Education and the Minister of Employment and Labor in the case of the head of a central administrative agency, and to the Minister of Employment and Labor in the case of the head of a local government. <Amended on Mar. 23, 2013> |
| (2) | A plan for establishing the polytechnic college under paragraph (1) shall include the following: <Amended on Apr. 23, 2019> |
| 1. | The name and location of the polytechnic college; |
| 2. | Departments to be established and student quotas; |
| 3. | A plan to secure teachers and a school site; |
| 4. | A plan to construct school buildings; |
| 5. | A financial management plan of the polytechnic college; |
| 6. | Scheduled opening date of the school; |
| 7. | Such other matters concerning the establishment of a polytechnic college, including the feasibility survey on the establishment of the polytechnic college, as determined by the Minister of Employment and Labor. |
[This Article Newly Inserted on Aug. 25, 2010]
[Previous Article 31 moved to Article 48 <Aug. 25, 2010>]
| Article 32 (Recommendation for Establishment of Polytechnic College) |
| (1) | An educational foundation that intends to obtain recommendation for establishing a polytechnic college pursuant to Article 39 (3) of the Act shall submit to the Minister of Employment and Labor a plan for establishing the polytechnic college under Article 31 (2). |
| (2) | If an educational foundation submits a plan for establishing the polytechnic college pursuant to paragraph (1), the Minister of Employment and Labor shall determine whether to make a recommend and notify his/her decision within two months from the date the plan is submitted. |
[This Article Newly Inserted on Aug. 25, 2010]
[Previous Article 32 moved to Article 49 <Aug. 25, 2010>]
| Article 33 (Application for Authorization for Establishment of Polytechnic College) |
Procedures for applying for establishing a polytechnic college shall be governed by education-related Acts and subordinate statutes: Provided, That, if an educational foundation intends to obtain authorization for establishing a polytechnic college, it shall submit to the Minister of Education a letter of recommendation for the establishment of the polytechnic college issued by the Minister of Employment and Labor. <Amended on Mar. 23, 2013>
[This Article Newly Inserted on Aug. 25, 2010]
[Previous Article 33 moved to Article 51 <Aug. 25, 2010>]
| Article 34 (Standards for Establishment of Polytechnic Colleges) |
| (1) | The standards for facilities, equipment, etc. for the establishment of a polytechnic college under Article 39 (4) of the Act shall be as follows: <Amended on Jul. 14, 2020> |
| 1. | It shall have secured at least one half of the following facilities and equipment as at the time the application for approval is submitted. In such cases, the rest of the facilities and equipment shall be secured within one year after opening the school: |
| (c) | Equipment that meets the standards for vocational skills development training under Article 38 of the Act; |
| 2. | It shall have secured financial resources necessary to fully equip the facilities and equipment by no later than the year of completion of its organization as at the time the application for authorization is filed; |
| 3. | It shall have secured at least one half of the fixed number of teachers under Article 43. In such cases, the rest of the teachers shall be secured within one year after opening the school; |
| (2) | Where a polytechnic college established by an educational foundation contributed and established by the Human Resources Development Service of Korea has borrowed buildings and land that meets the requirements prescribed in paragraph (1) 1 (a) and (b) free of charge from the State, a local government, or the Human Resources Development Service of Korea, it shall be deemed to have secured the school buildings and the school site under paragraph (1) 1 (a) and (b). |
[This Article Newly Inserted on Aug. 25, 2010]
[Previous Article 34 moved to Article 52 <Aug. 25, 2010>]
| Article 35 (Branch Schools of Polytechnic Colleges) |
Articles 31 through 34 shall apply mutatis mutandis to establishing a branch school of a polytechnic college. [This Article Newly Inserted on Aug. 25, 2010]
[Previous Article 35 moved to Article 53 <Aug. 25, 2010>]
| Article 36 (Establishment and Operation of Courses for Multi-Functional Technicians) |
| (1) | Courses for multi-functional technicians under Article 40 (1) 1 of the Act (hereinafter referred to as "courses for multi-functional technicians") shall have at least two departments, as prescribed by school regulations under Article 42 of the Act (hereinafter referred to as "school regulations"). In such cases, the demand for human resources in industrial circles shall be surveyed and identified so that field-oriented education and training can be implemented. <Amended on Apr. 23, 2019> |
| (2) | The student quotas per class in each department under paragraph (1) shall be determined by school regulations within the range from 25 persons to 40 persons. |
| (3) | The period of study required for completing a course for multi-functional technicians shall be determined within the range from two years to three years: Provided, That it may be reduced by up to one fourth of the relevant period of study for persons who have earned at least the number of credits prescribed by school regulations. |
| (4) | The school year of courses for multi-functional technicians shall be divided into the former term (from March 1 to the last day of February of the following year) and the latter term (from September 1 to August 31 of the following year); the number of semesters shall be two to four every school year; and the number of school days shall be at least 36 weeks every school year. |
[This Article Newly Inserted on Aug. 25, 2010]
| Article 37 (Curricula of Courses for Multi-Functional Technicians) |
| (1) | The curricula of courses for multi-functional technicians shall consist of a set of liberal arts subjects and a set of major subjects; and each set of subjects shall be classified into compulsory and optional subjects. |
| (2) | The Minister of Employment and Labor may formulate and provide curriculum organization guidelines by field of study to ensure that the curricular of the courses for multi-functional technicians can retain the characteristics of polytechnic colleges and meet industrial workforce demand. |
| (3) | In determining the standards for organizing curricula of courses for multi-functional technicians pursuant to paragraph (2), the Minister of Employment and Labor shall consider the opinions of persons engaged in vocational education and training and persons from industrial circles, etc. |
[This Article Newly Inserted on Aug. 25, 2010]
| Article 38 (Methods of Selecting Students for Courses for Multi-Functional Technicians) |
| (1) | Students for courses for multi-functional technicians shall be selected by the head of a polytechnic college (hereinafter referred to as "dean") from among the graduates of high schools and high technical schools under subparagraph 3 of Article 2 of the Elementary and Secondary Education Act or persons deemed to have at least the same academic background. <Amended on Dec. 30, 2015> |
| (2) | Students for courses for multi-functional technicians shall be selected openly, which is divided into special selection not exceeding the quota, special selection exceeding the quota, and regular selection; and the time schedule for selection shall be determined by the dean. |
| (3) | The persons eligible for special selection shall be classified as follows: <Amended on Dec. 30, 2015> |
| 1. | Persons eligible for special selection not in excess of the fixed number shall be as follows: |
| (a) | Persons with industry work experience; |
| (d) | Persons who have completed vocational skills development training courses for at least one year at vocational skills development training establishments; |
| (e) | Persons prescribed by school regulations as having the equivalent qualifications as those set forth in items (a) through (d); |
| 2. | Persons eligible for special selection in excess of the fixed number shall be as follows: |
| (a) | Graduates (including prospective graduates) of at least junior colleges under subparagraph 4 of Article 2 of the Higher Education Act or persons recognized as having the same or higher academic background under the statutes or regulations; |
| (b) | Students commissioned by industrial enterprises or the military; |
| (c) | Korean nationals abroad or foreigners; |
| (d) | Residents escaping from North Korea defined in subparagraph 1 of Article 2 of the North Korean Refugees Protection and Settlement Support Act; |
| (f) | Persons of at least 25 years of age or persons who have industry work experience for at least two years; |
| (4) | The student quota to be admitted through special selection not in excess of the fixed number shall be at least 30 percent of the fixed number of students to be admitted in the relevant school year; but where such number falls short of 30 percent of the quota, the shortfall may be filled through general selection or special selection in excess of the fixed number. <Amended on Jul. 26, 2016> |
| (5) | Where a polytechnic college intends to admit students or receive transfer students through special selection in excess of the fixed number, it shall be deemed that there is a separate fixed number. In such cases, the total number of students admitted through special selection in excess of the fixed number shall not exceed 20 percent of the fixed number of students to be admitted in the relevant school year. |
| (6) | In selecting students, a polytechnic college may utilize the scholastic records of high schools, the scores from the college scholastic ability test, the scores of its own examination, etc. as screening materials, and the detailed selection methods shall be separately determined by the dean. |
[This Article Newly Inserted on Aug. 25, 2010]
| Article 38-2 (Establishment and Operation of Advanced Major Degree Courses) |
| (1) | The fixed number of students to be admitted to each field of studies or each department (hereinafter referred to as "recruitment unit") of an advanced major degree course (hereinafter referred to as "advance major degree course") shall not exceed the fixed number of students to be admitted to courses for multi-functional technicians of the relevant recruitment unit, and the total of the fixed number of students to be admitted to advanced major degree courses per year shall not exceed 20 percent of the total of fixed number of students to be admitted to the courses for multi-functional technicians in the relevant year. |
| (2) | Each advanced major degree course shall be operated in the field-oriented manner, reflecting the demand of human resources in the industrial circles. |
| (3) | The period required for completing an advanced major degree course shall be two years. |
| (4) | Except as provided in paragraphs (1) through (3), matters necessary for establishing and operating an advanced major degree course shall be determined by the Minister of Employment and Labor. |
[This Article Newly Inserted on Jun. 5, 2012]
| Article 39 (Establishment and Operation of Occupational Training Courses) |
| (1) | Each polytechnic college shall establish occupational training courses prescribed in Article 40 (1) 2 of the Act reflecting the demand of the region and industrial circles. |
| (2) | Occupational training courses under paragraph (1) shall properly reflect the following plans: <Amended on Jul. 14, 2020> |
| (3) | The types, methods of training, number of school days, qualifications for trainees, methods of completion, of occupational training courses, fixed number of trainees of each course, etc. shall be prescribed by school regulations. |
[This Article Newly Inserted on Aug. 25, 2010]
| Article 39-2 (Criteria for Authorization, etc. for Advanced Major Degree Courses) |
| (1) | A person who intends to obtain authorization to establish an advanced major degree course pursuant to Article 40-2 (1) of the Act shall fulfill the criteria for securement of teachers and school buildings specified in attached Table 3. |
| (2) | A person who intends to apply for authorization pursuant to paragraph (1) shall submit an operation plan stating the following to the Minister of Employment and Labor: |
| 1. | Departments to be established and their forms; |
| 2. | The number of students to be recruited and the number of students per class; |
| 3. | The status of teachers and school buildings and a plan for securing them; |
| 4. | A plan for operating curricula; |
| 5. | A plan for self-evaluation of operating results; |
| 6. | Other matters necessary for operating advanced major degree courses. |
[This Article Newly Inserted on Jun. 5, 2012]
| Article 39-3 (Qualifications for Admission to Advanced Major Degree Courses) |
| (1) | A person eligible to enter an advanced major degree course pursuant to Article 40-2 (4) of the Act shall be any of the following persons: <Amended on Sep. 29, 2020> |
| 1. | A person who has graduated from a polytechnic college or junior college in the same category and has worked at an industrial establishment in a related field for one year or more after having entered the relevant college; |
| 2. | A person who is deemed to have a level of education at least equivalent to that of any graduate of a polytechnic college or junior college in the same category and has worked at an industrial establishment in a related field for at least one year after having entered or enrolled in a school or course or passed an examination to obtain recognition of the relevant academic background; |
| 3. | A person who has graduated from a polytechnic college or junior college in the same category in the previous academic year before the academic year of admission to an advanced major degree course and has worked at an industrial establishment in a related field for at least nine months after having graduated from the relevant college; |
| 4. | A person who is deemed to have a level of education at least equivalent to that of any person who has graduated from a polytechnic college or junior college in the same category in the previous academic year before the academic year of admission to an advanced major degree course and has worked at an industrial establishment in a related field for at least nine months after having graduating from a school or course to obtain recognition of the relevant academic background. |
| (2) | The scope of the same category and related fields under paragraph (1) shall be determined by the Minister of Employment and Labor based upon the field of studies, the nature of jobs, etc. |
[This Article Newly Inserted on Jun. 5, 2012]
| Article 40 (Credits of Courses for Multi-Functional Technicians) |
| (1) | The number of credits required to graduate from a course for multi-functional technicians shall be prescribed by school regulations. <Amended on Apr. 23, 2019> |
| 1. | If the credits earned or recognized are related to liberal arts subjects referred to in Article 37 (1), the scope of credits for the liberal arts subjects; |
| 2. | If the credits earned or recognized are related to major subjects referred to in Article 37 (1), the scope of credits for the subjects which is the same as or similar to the major subjects. |
| (3) | A dean may recognize credits for persons falling under the subparagraphs of Article 41 (2) of the Act, as prescribed by school regulations, by up to one quarter of credits required for graduation. |
| (4) | A dean may recognize the field work experience of students enrolled in the night course who are workers of industrial enterprises, as practice credits. |
| (5) | The total number of credits that can be recognized pursuant to paragraphs (2) through (4) shall not exceed one half of the credits required for graduation. <Amended on Jul. 26, 2016> |
| (6) | Detailed matters concerning recognizing credits, such as the procedures for recognizing credits, hours required per credit, minimum and maximum credits per semester, etc. shall be prescribed by school regulations. |
[This Article Newly Inserted on Aug. 25, 2010]
| Article 40-2 (Credits of Advanced Major Degree Courses) |
| (1) | The number of credits required to complete an advanced major degree course shall be prescribed by school regulations. In such cases, the credits required therefor shall be at least 140 including the credits obtained in the course of obtaining the academic background referred to in subparagraphs of Article 39-3 (1). |
| (2) | The number of credits that can be included in the credits required to complete an advanced major degree course pursuant to the latter part of paragraph (1) shall be 80 at maximum. |
[This Article Newly Inserted on Jun. 5, 2012]
| Article 41 (School Regulations) |
| (1) | When a dean enacts or amends school regulations pursuant to Article 42 of the Act, he/she shall file a report with the Minister of Education and the Minister of Employment and Labor at least 15 days before the date scheduled to enter into force. <Amended on Mar. 23, 2013> |
| (2) | School regulations of a polytechnic college shall include the following: <Amended on Jun. 5, 2012> |
| 1. | Matters concerning establishing departments and fixed number of students; |
| 2. | Matters concerning organizing and the organizational structure of the school; |
| 3. | Matters concerning the required period of study, required period of attendance, school years, semesters, number of school weeks and holidays; |
| 4. | Matters concerning organizing and operating curricula; |
| 5. | Matters concerning the examinations, tests and the recognition of completion of courses; |
| 6. | Matters concerning admission, admission by transfer, expulsion, transferring to another school, leave of absence, completion of courses, graduation, and reward and punishment; |
| 7. | Matters concerning classifying degrees and conferment of degrees; |
| 8. | Matters concerning tuition, entrance fee, and collection of other expenses; |
| 9. | Matters concerning student activities and scholarship; |
| 10. | Matters concerning foreign students; |
| 11. | Matters concerning the weekly teaching hours of vocational skills development teachers, industry-academia adjunct teachers (referring to persons concurrently appointed as teachers of polytechnic colleges while working in the related field with expert knowledge in the relevant field; hereinafter the same shall apply), invited teachers (referring to persons appointed under Article 44 of the Act to teach subjects requiring technology and expert knowledge in special fields; hereinafter the same shall apply) or part-time lecturers; |
| 12. | Matters concerning open lectures, part-time enrollment, remotely provided lessons using high-tech media, field practice classes, etc.; |
| 13-2. | Where authorization for advanced major degree courses is obtained pursuant to Article 40-2 (1) of the Act, matters concerning operating the same; |
| 14. | Matters concerning the job responsibilities in the major fields of study requiring invited teachers; |
| 15. | Matters and procedures concerning recognizing credits, such as procedures for recognizing credits; |
| 16. | Matters prescribed by the statutes or regulations as those to be prescribed by school regulations, and other matters deemed necessary by the Minister of Employment and Labor. |
[This Article Newly Inserted on Aug. 25, 2010]
| Article 42 (Qualifications of Teachers) |
Qualifications for a person to become eligible to become a teacher, an industry-academia adjunct teacher, an invited teacher, a part-time lecturer, and a teaching assistant pursuant to Article 43 (4) of the Act shall be as follows: <Amended on Feb. 29, 2012; Jun. 5, 2012> | 1. | A teacher must meet the qualification standards for a faculty member of a university under Article 2 or 11 of the Regulations on the Standards for Qualifications, etc. of University Faculty Members or the qualification standards for of a faculty member of a polytechnic college specified in attached Table 4; |
| 2. | An industry-academia adjunct teacher must have professional knowledge in the related field, meeting the criteria for qualification prescribed in subparagraph 1 and working at an industrial enterprise, research institute, etc.; |
| 3. | An invited teacher must have worked for at least five years at an industrial enterprise, research institute, etc. related to the job responsibilities in any major field of study prescribed by school regulations; |
| 4. | A part-time lecturer must be deemed by the dean to have professional knowledge by working at an industrial enterprise in a related field; |
| 5. | A teaching assistant must have at least the same academic background as those who have completed a degree course of a polytechnic college. |
[This Article Newly Inserted on Aug. 25, 2010]
| Article 43 (Fixed Number of Teachers) |
| (1) | The fixed number of teachers under Article 43 (5) of the Act shall be at least five persons (including teachers in charge of liberal arts subjects) for each department; and if the fixed number of students in a department exceeds 50, one teacher shall be added for every 25 extra students. |
| (2) | The teaching hours of a teacher under paragraph (1) shall be based on 12 hours per teacher per week. |
| (3) | A dean may utilize industry-academia adjunct teachers, invited teachers, or part-time lecturers for up to 50 percent of the quota of teachers under paragraph (1) as prescribed by school regulations. |
| (4) | The fixed number of vocational skills development teachers, administrative personnel and teaching assistants shall be determined by the person who establishes or manages a polytechnic college. |
[This Article Newly Inserted on Aug. 25, 2010]
| Article 44 (Appointment of Teachers) |
| (1) | When appointing a teacher under Article 44 of the Act, an appointing authority shall favorably treat a person with practical skills, such as a person with industry work experience or a holder of a national technical qualification certificate. |
| (2) | Vocational skills development teachers of a polytechnic college established and managed by the State or a local government shall be appointed by the person who has established or manages the relevant polytechnic college, and vocational skills development teachers of a polytechnic college established and operated by an educational foundation shall be appointed by the educational foundation upon recommendation of the dean as prescribed by the articles of incorporation. |
| (3) | Industry-academia adjunct teachers, invited teachers, part-time lecturers, and teaching assistants shall be appointed by the dean. |
[This Article Newly Inserted on Aug. 25, 2010]
| Article 45 (Retirement Age of Teachers) |
| (1) | The retirement age of teachers of a polytechnic college established and managed by the State pursuant to Article 44 (2) 1 of the Act and that of vocational skills development teachers under Article 44 (4) shall be at least 60 years of age, respectively, and shall be determined by the appointing authority. <Amended on Jul. 26, 2016> |
| (2) | Matters concerning the service of vocational skills development teachers, industry-academia adjunct teachers, invited teachers, part-time lecturers, and teaching assistants under Article 44 (4) of the Act shall be determined by the appointing authority. <Amended on Jul. 26, 2016> |
[This Article Newly Inserted on Aug. 25, 2010]
| Article 46 (Submission of Business Plans) |
Pursuant to Article 46 of the Act, a dean or an educational foundation shall submit a business plan for the relevant year to the Minister of Employment and Labor not later than April 30 every year. [This Article Newly Inserted on Aug. 25, 2010]
| Article 47 (Guidance and Supervision) |
| 2. | Authorization to amend the articles of incorporation of an educational foundation under Article 45 of the Private School Act: Provided, That any amendment to the following matters shall be excluded herefrom: |
| (a) | The objectives and name of the educational foundation, and the type and name of the school to be established and managed thereby; |
| (b) | The dissolution of the foundation; |
| (c) | The composition and operation of a teachers' disciplinary committee; |
[This Article Newly Inserted on Aug. 25, 2010]
| Article 48 (Evaluation of Vocational Skills Development Training Establishments, etc. and Disclosure of Findings thereof) |
| (1) | When the Minister of Employment and Labor intends to evaluate any vocational skills development training establishment, etc. under Article 53 of the Act (hereinafter referred to as "evaluation of a vocational skills development training establishment, etc."), he/she shall establish an evaluation plan in advance, including the following matters: <Amended on Jul. 12, 2010; Aug. 25, 2010> |
| 1. | Matters to be evaluated; |
| 4. | Utilizing findings of the evaluation; |
| 5. | Other matters necessary to conduct evaluation. |
| (2) | "Matters prescribed by Presidential Decree, such as the ability to conduct training and training outcomes" in Article 53 (1) of the Act means the following: <Newly Inserted on Aug. 25, 2010> |
| 1. | Matters concerning the ability to conduct vocational skills development training, such as training facilities and equipment, and securing and managing teachers and lecturers; |
| 2. | Matters concerning the development and operation of vocational skills development training courses, such as systemicity in surveying demand of training and establishing training plans; |
| 3. | Matters concerning training outcomes, such as the record on completion of courses by trainees and the results of finding employment and acquiring qualifications; |
| 4. | Matters concerning managing trainees such as vocational guidance and counseling; |
| 5. | Matters concerning connectivity between the relevant vocational skills development projects and industries; |
| 6. | Other matters prescribed by the Ordinance of the Ministry of Employment and Labor, which need evaluation to improve the quality of vocational skills development projects. |
| (3) | Evaluating facilities, equipment, etc. as part of evaluating vocational skills development training establishment, etc. shall be conducted by means of on-site examination, and the evaluation of training outcomes, etc. shall be conducted by means of document examination. |
| (4) | Where the Minister of Employment and Labor has conducted an evaluation of vocational skills development training establishment, etc., he/she may fully or partially disclose the findings of the evaluation in an appropriate manner, such as posting them on the information network for developing vocational skills referred to in Article 6 of the Act or publishing a booklet, within three months from the date the evaluation ends. <Amended on Jul. 12, 2010; Aug. 25, 2010> |
[This Article Wholly Amended on Mar. 31, 2009]
[Moved from Article 31 <Aug. 25, 2010>]
| Article 49 (Details of Differential Support Based on Findings of Evaluations) |
| (1) | Based on the findings of evaluation conducted pursuant to Article 53 (1) of the Act, the Minister of Employment and Labor may raise or reduce the amount of subsidy by up to 50 percent of the training fees publicly notified by the Minister of Employment and Labor pursuant to Article 41 (2) of the Enforcement Decree of the Employment Insurance Act. In such cases, detailed matters concerning the differential support based on the findings of the evaluation shall be determined and publicly notified by the Minister of Labor. <Amended on Jul. 12, 2010; Aug. 25, 2010> |
| (2) | If a person who receives a subsidy under paragraph (1) has his/her outsourcing terminated or restricted pursuant to Article 16 of the Act or has the recognition of his/her vocational skills development training course revoked or restricted pursuant to Article 19 or 24 of the Act during the subsidization period, the Minister of Employment and Labor shall discontinue the subsidization referred to in paragraph (1). <Amended on Jul. 12, 2010; Aug. 25, 2010> |
[This Article Wholly Amended on Mar. 31, 2009]
[Moved from Article 32 <Aug. 25, 2010>]
| Article 50 Deleted. <Jan. 10, 2023> |
| Article 50-2 (Matters or Objects to Be Published Related to Termination of Entrustment Contract for Vocational Skills Development Training) |
| (1) | “Matters prescribed by Presidential Decree” in the provisions, with the exception of the subparagraphs, of Article 56-2 (1) of the Act means the following: <Amended on Feb. 17, 2022> |
| 1. | The title of "Publication of Violations of the National Lifelong Vocational Skills Development Act"; |
| 2. | The corporate registration number (applicable only when the relevant institution is a corporation). |
[This Article Newly Inserted on Sep. 29, 2020]
| Article 50-3 (Procedures and Methods for Termination of Entrustment Contract for Vocational Skills Development Training) |
| (1) | The Minister of Employment and Labor shall notify a person subject to publication of the details of publication, etc., as prescribed by Ordinance of the Ministry of Employment and Labor, before presenting the relevant agenda items for deliberation to the Employment Policy Deliberative Council under Article 10 of the Framework Act on Employment Policy (hereafter in this Article referred to as the “Employment Policy Deliberative Council”) pursuant to Article 56-2 (3) of the Act. |
| (2) | In giving notification pursuant to paragraph (1), the Minister of Employment and Labor shall provide the person subject to publication with an opportunity to submit explanatory materials relating to publication for a period of at least one month. |
| (3) | The Minister of Employment and Labor shall decide whether to give publication in accordance with the result of the deliberation by the Employment Policy Deliberative Council under Article 56-2 (3) of the Act and shall notify the person subject to publication of the details thereof. |
| (4) | After making a decision and giving notification pursuant to paragraph (3), the Minister of Employment and Labor shall publish the matters to be published under Article 56-2 (1) of the Act in the Official Gazette and shall publish such matters for one year on the websites of the Ministry of Employment and Labor and the local employment and labor office under his/her jurisdiction, or on the information network for developing vocational skills development under Article 6 (1) of the Act. In such cases, the matters to be published may be posted for one year on the website of the University of Technology and Education or other public places available for perusal, if necessary. |
| (5) | Except as provided in paragraphs (1) through (4), matters necessary for the procedures, methods, etc. for publication shall be prescribed by Ordinance of the Ministry of Employment and Labor. |
[This Article Newly Inserted on Sep. 29, 2020]
| Article 51 (Vicarious Execution of Duties) |
| (1) | "Anyone prescribed by Presidential Decree" in Article 59 (1) of the Act means the following: <Amended on Aug. 25, 2010; Jul. 26, 2016> |
| 1. | A public organization under each subparagraph of Article 2; |
| 3. | A business owners' organization, etc.; |
| 3-2. | Industry-Specific Human Resources Development Council; |
| 4. | A vocational skills development organization. |
| (2) | When the Minister of Employment and Labor requires anyone to perform part of his/her duties on his/her behalf pursuant to Article 59 of the Act, he/she may designate a person to perform the duties on his/her behalf from among the persons falling under any subparagraph of paragraph (1), based upon the contents, scope, and characteristics, etc. of the duties to be vicariously executed. <Amended on Jul. 12, 2010; Aug. 25, 2010> |
| (3) | If a person designated to vicariously execute the duties vicariously pursuant to paragraph (2) intends to receive expenses required for his/her service, he/she shall submit a plan to vicariously execute the duties and the detailed calculation data of the necessary expenses to the Minister of Employment and Labor. <Amended on Jul. 12, 2010> |
| (4) | The Minister of Employment and Labor shall examine the data submitted under paragraph (3) and fully subsidize expenses necessary for vicarious execution of duties. In such cases, the subsidy shall not be used for any purpose other than to perform the duties to be vicariously executed. <Amended on Jul. 12, 2010> |
[This Article Wholly Amended on Mar. 31, 2009]
[Moved from Article 33 <Aug. 25, 2010>]
| Article 52 (Delegation and Entrustment of Authority) |
| (1) | The Minister of Employment and Labor shall delegate the following authority to the heads of local employment and labor offices, pursuant to Article 60 of the Act: <Amended on Jul. 12, 2010; Aug. 25, 2010; Dec. 30, 2011; Jul. 14, 2020; Jan. 10, 2023> |
| 1. | Matters concerning outsourcing vocational skills development training, requests for correction, termination of outsourcing, restrictions on outsourcing, and restrictions on recognition of vocational skills development training courses under Article 16 (1) through (3) of the Act; |
| 2. | Matters concerning subsidizing costs for vocational skills development under Article 17 of the Act; |
| 2-2. | Matters concerning issuing accounts for vocational skills development under Article 18 of the Act and subsidizing costs under Article 16; |
| 3. | Matters concerning recognizing vocational skills development training courses or training courses fit for the account, and corrective orders, revoking recognition, restricting recognition, and restricting outsourcing under Article 19 of the Act; |
| 4. | Matters concerning corrective orders for vocational skills development training courses, and revoking recognition, restricting recognition, and restricting outsourcing under Article 24 (2) and (3) of the Act; |
| 5. | Matters concerning designating vocational skills development training establishments, changing designation, reporting on business closure, and reporting on changes under Article 28 of the Act; |
| 6. | Matters concerning corrective orders, revoking designation of vocational skills development training establishments, and suspending vocational skills development training under Article 31 of the Act; |
| 7. | Matters concerning collection and orders to reinstate under Article 32-2 (5) of the Act; |
| 8. | Matters concerning issuing certificates of qualification of a vocational skills development teacher under Article 33 (2) of the Act; |
| 9. | Matters concerning revoking or suspending qualification of a vocational skills development teacher under Article 35 of the Act; |
| 9-2. | Matters concerning restrictions on lectures in vocational skills development training courses under Article 35-2 of the Act; |
| 10. | Matters concerning restricting taking courses or restricting subsidies or loans under Article 55 of the Act; |
| 11. | Matters concerning returning subsidized amount, additional collection and disposition for default under Article 56 of the Act; |
| 12. | Matters concerning paying cash rewards under Article 57 of the Act; |
| 13. | Matters concerning guidance, supervision, etc. under Article 58 of the Act; |
| 14. | Matters concerning hearings under subparagraphs 1, 3 and 5 of Article 62 of the Act; |
| 15. | Matters concerning imposing and collecting administrative fines under Article 63 of the Act. |
| 1. | Skill and technical training for foreigners under Article 11-4 of the Act; |
| 2. | Deleted; <Dec. 30, 2011> |
| 3. | Matters concerning loans to cover vocational skills development expenses under Article 17 of the Act; |
| 4. | Matters concerning providing subsidies or loans to cover the costs of vocational skills development projects under Article 20 of the Act; |
| 5. | Providing subsidies or loans to cover costs for vocational skills development projects implemented by the Industry-Specific Human Resources Development Council or business entities' organizations, etc. under Article 22 of the Act; |
| 6. | Subsidizing expenses incurred by regional human resources development committees under Article 22-3 (1) of the Act; |
| 7. | Subsidizing expenses incurred by specialized research institutes under Article 22-3 (4) of the Act; |
| 8. | Matters concerning receiving applications for recognition of vocational skills development training courses under Article 24 (1) of the Act, examining as to their conformity with the requirements for recognition, notification of the results of recognition, etc.; |
| 9. | Matters concerning collection, management, and provision of individual job competency data under Article 25 (1) and (2) of the Act, and the establishment and operation of the job competency information system under paragraphs (3) and (4) of that Article; |
| 10. | Matters concerning recognition of job competency, revocation of recognition, and issuance of a certificate of recognition under Article 26 of the Act; |
| 11. | Matters concerning the issuance of job competency accounts under Article 23 (1); |
| 12. | Matters concerning management of information contained in the job competency information system under Article 23-2 (3); |
| 13. | Receiving proposals for training standards and notifying the result of the processing under Article 30 (2) and (3); |
| 14. | Formulating guidelines for organizing curricula of courses for multi-functional technicians under Article 37 (2). |
| (3) | The Minister of Employment and Labor may delegate the affairs related to the payment of national funds to be expended from the financial resources referred to in Article 11-3 of the Act in accordance with Article 60 of the Act to a communications agency or any of the following corporations: <Newly Inserted on Dec. 30, 2011; Oct. 25, 2016> |
| (4) | The Minister of Labor and Employment shall entrust the following duties to the University of Technology and Education pursuant to Article 60 of the Act: <Amended on Sep. 29, 2020> |
| 1. | Evaluation of persons specified in the subparagraphs of Article 53 (1) of the Act (limited to designated occupational training establishments under Article 28 of the Act, in cases of vocational skills development training establishments under 53 (1) 4 of the Act); |
| 2. | Confirmation of matters and objects to be published under Article 56-2 (1) of the Act and Article 50-2 of this Decree, and notification to a person subject to publication under Article 50-3 (1) through (3). |
| (5) | The Minister of Employment and Labor shall entrust the affairs related to continuing education under Article 37 (2) of the Act to the University of Technology and Education or an institution or organization determined and publicly notified by the Minister of Employment and Labor, among institutions or organizations with expertise in vocational skills development training, pursuant to Article 60 of the Act. <Newly Inserted on Sep. 29, 2020> |
[This Article Wholly Amended on Mar. 31, 2009]
[Moved from Article 34 <Aug. 25, 2010>]
| Article 52-2 (Management of Sensitive Information and Personally Identifiable Information) |
| (1) | The Minister of Employment and Labor (including persons delegated or entrusted with authority of the Minister of Employment and Labor under Articles 52) may manage information constituting criminal history record under subparagraph 2 of Article 18 of the Enforcement Decree of the Personal Information Protection Act (hereinafter referred to as "criminal record information"), and resident registration numbers or alien registration numbers under subparagraph 1 or 4 of Article 19 of that Decree, if it is essential to perform the following affairs: Provided, That criminal record information shall be excluded in cases of business affairs referred to in subparagraphs 1, 1-2, 1-3, 2 through 5, 5-2, 5-3, and 11. <Amended on Dec. 30, 2015; Jul. 26, 2016; Mar. 27, 2017; Jul. 14, 2020; Sep. 29, 2020; Feb. 17, 2022; Jun. 27, 2023> |
| 1. | Business affairs regarding building and operating an information network for developing vocational skills under Article 6 of the Act; |
| 1-2. | Business affairs regarding support, etc. for vocational skills development training under Article 12 of the Act; |
| 1-3. | Business affairs regarding conducting vocational skills development training in occupational categories in national key and strategic industries under Article 15 of the Act; |
| 2. | Business affairs regarding outsourcing, etc. vocational skills development training under Article 16 of the Act; |
| 3. | Business affairs regarding supporting workers' autonomous vocational skills development under Article 17 of the Act; |
| 4. | Business affairs regarding issuing and operating accounts for vocational skills development under Article 18 of the Act; |
| 5. | Business affairs regarding supporting vocational skills development for business owners, business owners' organizations, etc. under Article 20 of the Act; |
| 5-2. | Collecting, managing, and providing individual job competency information under Article 25 (1) and (2) of the Act, and establishing and operating the job competency information system under paragraphs (3) and (4) of that Article; |
| 6. | Business affairs regarding designating occupational training establishments under Article 28 of the Act; |
| 7-2. | Business affairs regarding establishing, etc. corporations for vocational skills development training under Article 32 of the Act; |
| 8. | Business affairs regarding verifying qualifications of vocational skills development teachers, etc. under Article 33 of the Act; |
| 12. | Business affairs regarding restricting receiving support, loan and taking courses on the ground of illegal conducts and return of money unlawfully obtained and additional collection under Articles 55 and 56 of the Act; |
| 1. | Training of vocational skills development teachers, etc. and projects for work capacity improvement training under Article 52-2 (2) 1 of the Act; |
| 2. | Submission of opinions as to whether the qualification standards for vocational skills development teachers are met under Article 28 (3). |
[This Article Newly Inserted on Dec. 30, 2011]
| Article 52-3 Deleted. <Mar. 3, 2020> |
| Article 53 (Standards for Imposition of Administrative Fines) |
The criteria for imposing administrative fines under Article 63 of the Act shall be as specified in attached Table 5. <Amended on Aug. 25, 2010; Jun. 5, 2012> [This Article Wholly Amended on Nov. 11, 2008]
[Moved from Article 35 <Aug. 25, 2010>]
ADDENDA <Presidential Decree No. 18911, Jun. 30, 2005>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1. 2005.
Article 2 (Repeal of other Acts and Subordinate Statutes)
Article 3 (Transitional Measures concerning Training for Preferentially Selected Occupational Categories)
Notwithstanding the amended provisions of Article 11 (2), no training in preferentially selected occupational categories shall be conducted in accordance with the training standards determined pursuant to Article 38 of the Act until December 31, 2005. Article 4 (Transitional Measures concerning Vocational Skills Development Teachers)
| (1) | A person licensed as an outside training teacher grade I, II or III under the former Framework Act on Vocational Training as at the time this Decree enters into force shall be deemed qualified as a vocational skills development teacher grade I, II or III respectively under this Decree. |
| (2) | A person licensed as an in-service training teacher under the former Framework Act on Vocational Training as at the time this Decree enters into force shall be deemed qualified as a vocational skills development teacher grade III under this Decree. |
| (3) | Notwithstanding the amended provisions of attached Table 1, a student or graduate of a course for training vocational training teachers (four-year course) who has failed to be licensed under the former Framework Act on Vocational Training as at the time this Decree enters into force may obtain a qualification as a vocational skills development teacher grade II or III in accordance with the standards for qualification of training teachers under the Enforcement Decree of the former Framework Act on Vocational Training. |
Article 5 (Applicability to Return of Training Fees)
The amended provisions of Article 25 shall begin to apply from the first case where the grounds for the return of training fees arises under any subparagraph of paragraph (1) of the same Article after this Decree enters into force. Article 6 Omitted.
Article 7 (Relationship to other Acts and Subordinate Statutes)
Where any other statute cites the former Enforcement Decree of the Vocational Training Promotion Act or any provisions thereof as at the time this Decree enters into force, it shall be deemed to cite this Decree or the relevant provisions hereof in lieu of the former provisions, if provisions corresponding thereto exist in this Decree.
ADDENDUM <Presidential Decree No. 20028, Apr. 26, 2007>
This Decree shall enter into force on April 27, 2007.
ADDENDA <Presidential Decree No. 20142, Jun. 29, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2007. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 20330, Oct. 17, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 11 Omitted.
ADDENDA <Presidential Decree No. 20681, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 20875, Jun. 25, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2008.
Articles 2 through 15 Omitted.
ADDENDA <Presidential Decree No. 21111, Nov. 11, 2008>
Article 1 (Enforcement Decree)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Payment and Settlement of Vocational Skills Development Training Fees with Credit Cards)
The amended provisions of Article 7 (4) shall begin to apply from the first vocational skills development training fees paid to unemployed persons, etc. after this Decree enters into force. Article 3 (Applicability to Differential Support Based on Findings of Evaluations)
The amended provisions of Article 32 (1) shall begin to apply from the first support provided differentially based on the findings of an evaluation conducted in accordance with an evaluation plan formulated under Article 31, after this Decree enters into force.
ADDENDUM <Presidential Decree No. 21398, Mar. 31, 2009>
This Decree shall enter into force on April 1, 2009.
ADDENDA <Presidential Decree No. 21962, Dec. 31, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 22075, Mar. 15, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 19, 2010. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Presidential Decree No. 22269, Jul. 12, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Presidential Decree No. 22356, Aug. 25, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 1, 2010.
Articles 2 (Repeal of other Acts and Subordinate Statutes)
Article 3 Omitted.
Article 4 (Relationship to other Acts and Subordinate Statutes)
ADDENDA <Presidential Decree No. 22604, Dec. 31, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2011.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 22890, Apr. 6, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Administrative Fines)
| (1) | The amended provisions of attached Table 2 shall begin to apply from the first administrative fine imposed after this Decree enters into force. |
| (2) | The number of violations under the amended provisions of attached Table 2 shall be counted from the first disposition to impose an administrative fine received after this Decree enters into force. |
ADDENDA <Presidential Decree No. 23467, Dec. 30, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2012.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 23565, Jan. 26, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 23644, Feb. 29, 2012>
Article 1 (Enforcement Decree)
This Decree shall enter into force on the date of its promulgation: Provided, That ---<Omitted>--- the amended provisions of Articles 2 and 3 shall enter into force on July 22, 2012. Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 23839, Jun. 5, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 2, 2012.
Article 2 (Transitional Measures)
Notwithstanding the amended provisions of attached Table 1, applying standards for dispositions for any offense committed before this Decree enters into force shall be governed by the former precedents.
ADDENDA <Presidential Decree No. 24447, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 24628, Jun. 21, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2013.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 25840, Dec. 9, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2015.
Articles 2 and 3 Omitted.
Articles 5 through 16 Omitted.
ADDENDA <Presidential Decree No. 26754, Dec. 22, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 23, 2015.
Articles 2 and 3 Omitted.
ADDENDUM <Presidential Decree No. 26808, Dec. 30, 2015>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 26810, Dec. 30, 2015>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 27393, Jul. 26, 2016>
This Decree shall enter into force on July 28, 2016.
ADDENDA <Presidential Decree No. 27556, Oct. 25, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 1, 2016.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 27751, Dec. 30, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2017. (Proviso Omitted.)
Articles 2 through 12 Omitted.
ADDENDUM <Presidential Decree No. 27960, Mar. 27, 2017>
This Decree shall enter into force on March 30, 2017. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 27968, Mar. 27, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Qualification as Vocational Skills Development Teacher Grade III)
A person qualified as a vocational skills development teacher Grade III under the former attached Table 2 as at the time this Decree enters into force shall be deemed qualified as a vocational skills development teacher Grade III under the amended provisions of attached Table 2.
ADDENDA <Presidential Decree No. 28211, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of the Presidential Decrees promulgated before this Decree enters into force but the dates they enter into force have not arrived yet among the Presidential Decrees amended pursuant to Article 8 of the Addenda shall respectively enter into force on the date such Presidential Decrees enter into force. Articles 2 through 8 Omitted.
ADDENDUM <Presidential Decree No. 29421, Dec. 24, 2018>
This Decree shall enter into force on January 1, 2019.
ADDENDA <Presidential Decree No. 29708, Apr. 23, 2019>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Consultation on Establishment of Polytechnic Colleges, etc.)
The amended provisions of Article 31 (2) 7 shall begin to apply to a plan for establishing a polytechnic college submitted on or after the date this Decree enters into force.
ADDENDUM <Presidential Decree No. 29950, Jul. 2, 2019>
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDUM <Presidential Decree No. 29972, Jul. 9, 2019>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 30509, Mar. 3, 2020>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 30850, Jul. 14, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the following amended provisions shall enter into force on the dates specified as follows:
| 1. | The amended provisions of Article 16 (2): October 1, 2020; |
| 2. | The amended provisions of attached Table 1: The day six months elapse after the date of promulgation of this Decree; |
| 3. | The amended provisions of subparagraph 3 of the column "qualifications for professors” in attached Table 4, subparagraph 3 of the column "qualifications for associate professors" in the same Table, and subparagraph 3 of the column “qualifications for assistant professors” in the same Table: April 8, 2021. |
Article 2 (Transitional Measures concerning Application of Standards for Administrative Measures for Designated Occupational Training Establishments)
| (1) | Notwithstanding the amended provisions of attached Table 1, the previous provisions shall apply when applying the standards for administrative dispositions to violations committed before the enforcement date specified in subparagraph 2 of Article 1 of the Addenda. |
| (2) | Administrative dispositions imposed for violations committed before the enforcement date specified in subparagraph 2 of Article 1 of the Addenda shall be included in the calculation of the number of violations under the amended provisions of attached Table 1. |
ADDENDUM <Presidential Decree No.31079, Sep. 29, 2020>
This Decree shall enter into force on October 1, 2020.
ADDENDUM <Presidential Decree No. 31380, Jan. 5, 2021>
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 31614, Apr. 6, 2021>
Article 1 (Enforcement Date)
This Decree shall enter into force on April 6, 2021.
Articles 2 and 3 Omitted.
ADDENDUM <Presidential Decree No. 32015, Sep. 29, 2021>
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of the main clause, with the exception of the items, of Article 22 (1) 1 shall enter into force on January 1, 2022.
ADDENDA <Presidential Decree No. 32447, Feb. 17, 2022>
Article 1 (Enforcement Date)
This Decree shall enter into force on February 18, 2022.
Article 2 Omitted.
Article 3 (Relationship to Other Statutes or Regulations)
ADDENDUM <Presidential Decree No. 33222, Jan. 10, 2023>
This Decree shall enter into force on January 12, 2023.
ADDENDUM <Presidential Decree No. 33596, Jun. 27, 2023>
This Decree shall enter into force on July 4, 2023.