| Article 2 (Promotion of Cooperation in International Standardization) |
| (1) | Pursuant to Article 4 (6) of the Framework Act on Qualifications (hereinafter referred to as the "Act"), the heads of relevant central administrative agencies shall take measures to promote international cooperation in qualifications in accordance with environmental changes, such as liberalization of the movement of human resources and increased international usability of qualifications. |
| (2) | The heads of relevant central administrative agencies may conduct the following projects to facilitate international cooperation under paragraph (1): |
| 1. | Investigation and research on foreign qualification systems; |
| 2. | Collection, analysis, and dissemination of standardized information on exchange and cooperation of human resources and capabilities of human resources; |
| 3. | Surveys and research for international cooperation; |
| 4. | Other projects necessary for developing qualification system. |
| Article 3 (Development of Standards for National Competency in Duties) |
| (1) | Where qualifications are reflected in a basic plan for the management and operation of qualifications and yearly action plans formulated under Article 7 of the Act, the Minister of Employment and Labor shall develop national standards for vocational skills for duties corresponding to such qualifications. |
| (2) | The Minister of Employment and Labor may develop national standards for workplace skills according to the classification of industrial sectors for qualifications not reflected in basic plans for the management and operation of qualifications under Article 7 of the Act and yearly action plans. In such cases, the classification of industrial sectors shall be finalized after deliberation by the Qualification Policy Deliberation Council under Article 8 of the Act (hereinafter referred to as the "Council") after the Minister of Employment and Labor gather consensus from industrial circles, etc. |
| (3) | Where the Minister of Employment and Labor develops national standards for workplace skills by industry under paragraph (2), he or she shall consult with the heads of the competent central administrative agencies of each industry. |
| (4) | The head of a central administrative agency (excluding the Minister of Employment and Labor) shall request the Minister of Employment and Labor to develop national job capability standards if necessary to develop national job capability standards for each industrial sector under his or her jurisdiction. |
[This Article Wholly Amended on Oct. 4, 2013]
| Article 4 (Request for Development of Standards for National Competency Standards for Duties) |
| (1) | The Minister of Employment and Labor may request the Council for Human Resources Development for each industry under Article 12 (2) of the Industrial Development Act, consultative bodies by occupation, and other relevant specialized institutions, etc. to develop national job competency standards in order to develop national job competency standards that meet the demand of the industry. <Amended on Oct. 4, 2013> |
| (2) | The Minister of Employment and Labor may, if deemed necessary, request the relevant specialized institutions designated in consultation with the Minister of Education to review the draft national job competency standards developed pursuant to paragraph (1) and the draft national job competency standards pursuant to Article 5 before requesting the Council to deliberate on such draft. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 4, 2013> |
| Article 5 (Development of Standards for National Competency for Duties by Private Sector) |
| (1) | Any corporation, organization, or individual may prepare a draft national job competency standards and request the Minister of Employment and Labor to determine them as national job competency standards. <Amended on Oct. 4, 2013> |
| (2) | The Minister of Employment and Labor in receipt of a request under paragraph (1) may, if necessary, hear the opinions of the industry, labor and interested persons on the draft national job competency standards, if necessary. <Amended on Oct. 4, 2013> |
| Article 6 (Determination and Public Notice of National Job Competency Standards) |
| (1) | The Minister of Employment and Labor shall finalize and publicly notify the draft national job competency standards and draft proposals for national job competency standards prepared pursuant to Articles 4 and 5 as national job competency standards following deliberation by the Deliberation Council. <Amended on Oct. 4, 2013> |
| (2) | The Minister of Employment and Labor shall register the national job competency standards in the qualification information system under Article 10 (1) of the Act (referring to the system established and operated by the Minister of Employment and Labor) within one month from the date the national job competency standards are determined and publicly notified under paragraph (1). <Amended on Oct. 4, 2013> |
[This Article Wholly Amended on Jul. 30, 2009]
| Article 7 (Improvement and Abolition of National Job Competency Standards) |
| (1) | The Minister of Employment and Labor may improve or abolish the national skills standards for duties every five years from the date the national skills standards for duties are developed or improved by verifying whether they conform to changes in international standards and industrial technology every five years from the date the national skills standards for duties are developed or improved: Provided, That where the Minister of Employment and Labor deems it necessary to improve or abolish the national skills standards for duties due to changes in education and training courses, vocational capabilities, etc., they may be improved or abolished even after the lapse of five years: <Amended on Oct. 4, 2013> |
| (2) | The Minister of Employment and Labor may, if necessary to improve or abolish the national job competency standards, request the Council for deliberation. <Amended on Oct. 4, 2013> |
| (3) | Where the Minister of Employment and Labor intends to develop, improve, or abolish national job competency standards, he or she shall gather opinions from industrial circles, interested parties, etc. by publicly notifying the names, main contents, reasons, etc. of such national job competency standards: Provided, That this shall not apply where he or she improves minor matters, such as changes in terms, etc. <Amended on Oct. 4, 2013> |
| Article 8 (Utilization of National Job Competency Standards) |
| (2) | The heads of relevant central administrative agencies shall endeavor to secure the quality of education and training by guiding, checking, or evaluating education and training institutions that operate education and training courses based on the national job competency standards, and shall endeavor to ensure the quality of education and training. |
| (3) | The heads of the relevant central administrative agencies shall ensure that standards for the establishment, modification and abolition of national qualifications, standards for national qualification examinations, standards for preparing qualification examinations, standards for certification of private qualifications, etc. shall be prepared in accordance with the national job competency standards. |
| (4) | The heads of relevant central administrative agencies shall endeavor to ensure that the national job competency standards are actively utilized by enterprises, etc. for personnel management of workers, such as standards for employment, job standards, and career development standards for workers. |
| (6) | The Minister of Education may develop learning materials under paragraph (5) by requesting educational institutions, relevant specialized institutions, etc. to develop such materials. <Added on Oct. 4, 2013> |
| Article 9 (Establishment of Qualification System) |
| (1) | Where the Minister of Education establishes a qualification system pursuant to Article 6 (1) of the Act, he or she shall ensure that education and training and qualifications are mutually linked based on the national job competency standards. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (2) | The qualification system is composed of the level to classify the grade of qualification and the standards for knowledge, skills, technology, etc. required for each level. |
| (3) | When the Minister of Education establishes a qualification system pursuant to paragraph (1), he or she shall reflect the opinions of the heads of relevant central administrative agencies and then gather opinions from the education and training circles, industry circles, and labor circles through public hearings, etc. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (4) | The Minister of Education shall determine the qualification system after gathering consensus pursuant to paragraph (3) following deliberation by the Deliberation Committee and publish it in the Official Gazette. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (5) | Where the head of a central administrative agency newly establishes a national qualification or accredit a private qualification, he or she shall consider the qualification system and endeavor to ensure that education and training and qualifications are compatible between qualifications based on the qualification system. |
| Article 10 (Procedures for Formulation of Master Plans for Qualification Management and Operation) |
| (1) | The Minister of Education shall formulate a basic plan for the management and operation of qualifications under Article 7 of the Act (hereinafter referred to as "basic plan") every five years. <Amended on Feb. 29, 2008; Jul. 30, 2009; Mar. 23, 2013> |
| (2) | The Minister of Education shall report the master plan formulated pursuant to paragraph (1) to the State Council and notify the heads of the relevant central administrative agencies thereof. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| Article 10-2 (Fact-Finding Surveys Related to Qualification Policy) |
| (1) | A fact-finding survey on qualifications policies under Article 7 (3) of the Act (hereafter referred to as "fact-finding survey" in this Article) shall include the following matters: |
| 1. | Current status of establishment and operation of qualification systems; |
| 2. | The actual state of connection between education and training, qualifications, and industrial sites and obstacles; |
| 3. | The compatibility of qualifications between qualifications and the status of international common use of qualifications; |
| 4. | Other matters the Minister of Education deems necessary to ascertain the actual conditions related to qualification policies. |
| (2) | The Minister of Education may request a research institute, corporation, or organization with expertise in qualification policies to conduct a fact-finding survey. |
[This Article Added on Oct. 22, 2019]
| Article 11 (Formulation of Annual Implementation Plans) |
| (1) | The Minister of Education shall formulate guidelines for formulating annual implementation plans for the following year so that the heads of the relevant central administrative agencies may formulate and implement annual implementation plans under Article 7 (5) of the Act and notify the heads of the relevant central administrative agencies thereof by no later than July 31 each year. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 22, 2019> |
| (2) | The Minister of Education may request the heads of relevant central administrative agencies to submit necessary data, if necessary to formulate guidelines for formulating annual implementation plans. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (3) | The heads of relevant central administrative agencies shall formulate an annual implementation plan in accordance with the guidelines for formulating annual implementation plans under paragraph (1), and submit an annual implementation plan for the following year by October 15 of each year, and the performance results of an annual implementation plan for the previous year by February 15 of each year to the Minister of Education. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (4) | Upon receipt of an annual implementation plan for the following year submitted under paragraph (3), the Minister of Education shall compile the annual implementation plan for the following year and present it to the Council, and notify the heads of the relevant central administrative agencies of the finalized annual implementation plan by December 31 each year. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| Article 12 (Evaluation of Annual Implementation Plans) |
| (1) | The Minister of Education shall evaluate the performance results of annual implementation plans for the previous year submitted by the heads of the relevant central administrative agencies pursuant to Article 11 (3) and notify the heads of the relevant central administrative agencies of the results thereof. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (2) | The evaluation of the performance results under paragraph (1) shall be conducted by means of a written evaluation, but if necessary, the method of on-site evaluation may be conducted concurrently. <Added on Oct. 22, 2019> |
| (3) | The Minister of Education shall reflect the results of evaluation under paragraph (1) in formulating guidelines for formulating annual implementation plans under Article 11 (1). <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 22, 2019> |
| (4) | The head of the relevant central administrative agency shall reflect the results of evaluation notified pursuant to paragraph (1) in the annual implementation plan for the following year. <Amended on Oct. 22, 2019> |
| Article 13 (Composition of Council) |
| (1) | "Public officials holding a Vice Minister level position of the relevant central administrative agencies prescribed by Presidential Decree" in Article 8 (2) 1 of the Act means the following persons designated by the head of the relevant agency: <Amended on Jul. 26, 2017> |
| 1. | The Vice Minister of Science and ICT; |
| 2. | Vice Minister of Trade, Industry and Energy; |
| 3. | Vice Minister of Government Policy Coordination. |
| (2) | Commissioned members under Article 8 (2) 2 of the Act shall be commissioned by the Chairperson from among persons recommended according to the following classifications: <Amended on Oct. 22, 2019> |
| 1. | Four representatives of education and training fields: Four persons recommended by the Minister of Education; |
| 2. | Representatives of Industrial Enterprises: |
| (a) | Two persons recommended by the Minister of Science and ICT; |
| (b) | Two persons recommended by the Minister of Trade, Industry and Energy; |
| 3. | Representatives of the labor community: Three persons recommended by the Minister of Employment and Labor. |
[This Article Wholly Amended on Oct. 4, 2013]
| Article 13-2 (Dismissal of Commissioned Members of Council) |
Where a commissioned member under Article 13 (2) 1 through 3 falls under any of the following subparagraphs, the chairperson may dismiss (revoke) the relevant member: | 1. | Where he or she becomes unable to perform his or her duties due to mental illness; |
| 2. | Where he or she has committed any misconduct in connection with his or her duties; |
| 3. | Where he/she is deemed no longer qualified as a member due to neglect of duties, injury to dignity, or any other reason; |
| 4. | Where he/she declares that it is difficult to perform his/her duties. |
[This Article Added by Presidential Decree No. 26844, Dec. 31, 2015]
| Article 14 (Operation of Council) |
| (1) | The Chairperson of the Council shall exercise overall control over the affairs of the Council and convene meetings of the Council. |
| (2) | Where the Chairperson is unable to perform his or her duties due to unavoidable reasons, the Vice-Chairperson shall act on behalf of the Chairperson, and where both the Chairperson and the Vice-Chairperson are unable to perform their duties due to unavoidable reasons, a member designated in advance by the Chairperson shall act on behalf of the Chairperson. |
| (3) | Where the Chairperson intends to convene a meeting, he or she shall notify each member of the date, time, venue, and agenda items of the meeting by not later than 7 days before the meeting is held: Provided, That this shall not apply where urgent circumstances or other unavoidable circumstances exist. |
| (4) | A meeting of the Council shall be held with the attendance of a majority of all incumbent members, and a resolution shall be passed with the concurrent vote of a majority of those present. |
| (5) | The Council shall have one executive secretary to handle the administrative affairs of the Council, and the executive secretary shall be appointed by the Minister of Education from among public officials belonging to the Senior Executive Service of the Ministry of Education, who are in charge of qualification-related affairs. <Amended on Feb. 29, 2008; Jul. 3, 2008; Feb. 25, 2011; Mar. 23, 2013; Oct. 4, 2013> |
| Article 15 (Hearing of Opinions) |
The Council may, if necessary for the deliberation on agenda items and the performance of other duties, request relevant institutions and experts to submit data or opinions, or request relevant persons to attend the meeting to hear their opinions.
| Article 16 (Request for Investigation and Research) |
| (1) | The Council may, if necessary for deliberation on agenda items and performance of other duties, request relevant institutions or experts at home and abroad to conduct investigations and research on the relevant matters. |
| (2) | Where an investigation or research is requested pursuant to paragraph (1), expenses necessary therefor may be paid within budgetary limits. |
| Article 17 (Allowances and Travel Expenses) |
Allowances and travel expenses may be paid to the members, relevant persons, and experts who attend a meeting of the Council and opinions, within budgetary limits: Provided, That this shall not apply where a member who is a public official attends a meeting of the Council in direct connection with his or her duties.
| Article 18 (Detailed Operational Rules) |
Except as otherwise expressly provided for in this Decree, matters necessary for the operation of the Council shall be determined by the Chairperson following a resolution by the Council.
| Article 19 (Composition and Operation of Working-Level Council) |
| (1) | A working-level council under Article 8 (5) of the Act shall be comprised of not more than 15 members, including one chairperson. |
| (2) | The executive secretary of the Council shall be the chairperson of the working-level council, and the following persons shall be the members: <Amended on Feb. 29, 2008; Jul. 3, 2008; Jul. 12, 2010; Feb. 25, 2011; Mar. 23, 2013; Oct. 4, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| 1. | From among public officials belonging to the Senior Executive Service of the Ministry of Education, the Ministry of Science and ICT, the Ministry of Trade, Industry and Energy, the Ministry of Employment and Labor, the Ministry of Land, Infrastructure and Transport, and those recommended by the head of the relevant agency that the chairperson deems necessary in connection with the agenda items; |
| 2. | Those who have extensive expertise and experience in the qualification system and are commissioned by the chairperson of the working-level council upon the recommendation of the head of the relevant central administrative agency: Provided, That where commissioning members from the private sector, the representativeness and balance of educational and training circles, industrial circles, and labor circles shall be taken into consideration. |
| (3) | The term of office of a member shall be two years, and he or she may be reappointed: Provided, That the term of office of a member referred to in paragraph (2) 1 shall be the period during which he or she holds the relevant position. |
| (4) | The working-level council shall have one executive secretary to handle the administrative affairs of the working-level council, and the executive secretary shall be appointed by the chairperson of the working-level council from among public officials belonging to the Ministry of Education. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| Article 19-2 (Dismissal of Members of Working-Level Council) |
The chairperson of the working-level council may dismiss a member under Article 19 (2) 2 where he or she falls under any of the following cases: | 1. | Where he or she becomes unable to perform his or her duties due to mental illness; |
| 2. | Where he or she has committed any misconduct in connection with his or her duties; |
| 3. | Where he/she is deemed no longer qualified as a member due to neglect of duties, injury to dignity, or any other reason; |
| 4. | Where he/she declares that it is difficult to perform his/her duties. |
[This Article Added by Presidential Decree No. 26844, Dec. 31, 2015]
| Article 20 (Provisions to be Applied Mutatis Mutandis) |
Articles 14 through 18 shall apply mutatis mutandis to the operation of the working-level council. In such cases, "Council" shall be construed as "working-level council," and "Vice Chairperson" in Article 14 (2) as "member designated in advance by the chairperson."
| Article 21 (Establishment of Qualification Information System) |
| (1) | The Minister of Education shall operate the following information among the information on the qualification information system established and operated by the head of a central administrative agency pursuant to Article 10 (1) of the Act in connection with such information: <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| 1. | Information on national job competency standards (curricula, educational institutions, types, contents, grades, etc. of qualifications); |
| 2. | Information related to qualification systems; |
| 3. | Policy information related to qualification system; |
| 4. | Information related to information, such as current status of holders of qualifications; |
| 5. | Collection of information and gathering of opinions for improvement of qualification system. |
| (2) | Where the head of a central administrative agency requests a person who manages and operates qualifications to submit data pursuant to Article 10 (2) of the Act, he or she shall specify the purpose and method of using the information. |
| (3) | The head of a related central administrative agency may entrust all or some of the affairs related to the establishment and operation of the qualification information system under Article 10 (3) of the Act to a related specialized institution after deliberation by the Council. |
| Article 22 (Request for Deliberation on Establishment of National Qualifications) |
| (1) | Where the head of a central administrative agency intends to request the Council for deliberation to establish, change, or abolish national qualifications pursuant to Article 11 (3) of the Act (hereinafter referred to as "establishment, etc."), he or she shall attach the following materials and written opinions of the relevant institutions and organizations to a written request for deliberation: |
| 1. | Purpose and necessity of establishment, etc. of national qualifications; |
| 2. | Stand criteria for qualification examinations for establishment or change of national qualifications; |
| 3. | Operation plan for qualification system when national qualifications are established or altered; |
| 4. | Future measures upon abolishment of national qualifications (including measures for those who hold abolished qualifications); |
| 5. | Other materials determined by the Council as necessary to conduct deliberation. |
| (2) | Where the head of a central administrative agency requests deliberation by the Council pursuant to Article 11 (3) of the Act due to different opinions among the relevant Ministries in connection with the establishment, etc. of national qualifications, the head of the central administrative agency shall attach the following materials in addition to the materials referred to in the subparagraphs of paragraph (1): |
| 1. | Opinions of related ministries and agencies with different opinions on relevant qualifications; |
| 2. | Opinions of related organizations and institutions. |
| Article 23 (Establishment and Registration of Private Qualifications) |
| (1) | The competent Minister shall publicly announce detailed matters concerning the fields in which the establishment of new private qualifications is prohibited under the subparagraphs of Article 17 (1) of the Act (hereafter referred to as "prohibited fields" in this Article) on the website of the relevant agency and the qualification information system established by the Minister of Education (hereinafter referred to as "private qualification information system"). |
| (2) | A person who intends to newly establish and manage and operate private qualifications pursuant to Article 17 (2) of the Act shall submit an application for registration of private qualifications (including an application in electronic form) including matters to be registered prescribed by Ministerial Decree of Education to the competent Minister in charge of each field of private qualifications. |
| (3) | The classification of competent Ministries by field of private qualification under paragraph (2) shall be prescribed by Ministerial Decree of Education in consultation with the relevant central administrative agencies. |
| (4) | Where no private qualification requested under paragraph (2) falls under any prohibited field, the competent Minister shall record such private qualification in the private qualification register and issue a certificate of registration to the applicant. |
| (5) | The competent Minister shall manage and keep the register of private qualifications and submit the current status of registration of private qualifications to the Minister of Education. |
| (6) | Matters necessary for registration, such as the issuance of a certificate of registration under paragraph (4), shall be prescribed by Ministerial Decree of Education. |
[This Article Wholly Amended on Oct. 4, 2013]
| Article 23-2 (Modification of Registered Matters) |
| (1) | Where a private qualification manager who has registered his or her private qualification pursuant to Article 17 (2) of the Act (hereinafter referred to as "registered qualification manager") intends to file for registration of change pursuant to Article 17-2 of the Act, he or she shall submit an application for change of registered qualification (including an application in electronic form) prescribed by Ministerial Decree of Education to the competent Minister. <Amended on Jun. 2, 2017> |
| (2) | Upon receipt of an application for registration of modification under paragraph (1), the competent Minister shall verify the modified matters and record such matters in the private qualification register, and issue a certificate of registration of change to the applicant. |
[This Article Added on Oct. 4, 2013]
| Article 23-3 (Corrective Orders) |
Where the competent Minister issues a corrective order to a registered qualification manager pursuant to Article 18-2 of the Act, he or she shall specifically state the details of the relevant violation, matters to be corrected, the deadline for correction, etc. [This Article Added on Oct. 4, 2013]
| Article 23-4 (Criteria for Cancellation of Registration or Suspension of Qualification Examinations) |
The standards for the suspension of revocation of registration, qualification examinations, or the operation of educational and training courses (hereinafter referred to as "qualification examinations, etc.") under Article 18-3 (1) of the Act shall be as follows: | 1. | Where he or she fails to comply with a corrective order once: 6 months suspending the qualification examination, etc.; |
| 2. | Where he or she fails to comply with a corrective order twice: 12 months of suspension of the qualification examination, etc.; |
| 3. | Where he or she fails to comply with a corrective order three times: Revocation of registration. |
[This Article Added on Oct. 4, 2013]
| Article 23-5 (Public Announcement of Procedures for Discontinuance of Registration Qualification and Revocation of Registration) |
| (1) | Where a registered qualification manager intends to report the discontinuation of his or her registration qualification pursuant to Article 18-3 (2) of the Act, he or she shall submit a report on the discontinuation of registration qualification prescribed by Ministerial Decree of Education to the competent Minister, along with his or her certificate of registration. In such cases, he or she may submit a report on the discontinuation of registration qualification in electronic form, and in such cases, he or she shall submit a certificate of registration separately. |
| (2) | Where registration is revoked, qualification examinations, etc. are suspended, or qualifications for registration are discontinued pursuant to Article 18-3 (1) or (2) of the Act, the competent Minister shall notify the Minister of Education and the institutions delegated, entrusted, or re-entrusted with the authority pursuant to Article 34 (2) and (3) of such fact, and shall publicly announce such fact on the website of the relevant institutions and the private qualification information system. |
| (3) | The public announcement under paragraph (2) shall include the following matters: |
| 1. | Name of the registered qualification manager (in cases of a corporation or organization, referring to the trade name and the name of its representative); |
| 2. | Grounds for revocation of registration, suspension of qualification examinations, etc. or abolishment of registration; |
| 3. | Period of suspension where qualification examinations, etc. are suspended; |
| 4. | Categories and grades of qualification; |
| 5. | Other matters deemed necessary by the competent Minister. |
[This Article Added on Oct. 4, 2013]
| Article 24 (Criteria for Accreditation of Private Qualification) |
National criteria for accreditation of private qualifications under Article 19 (3) of the Act shall be as follows: | 1. | It shall have the capability to manage and operate private qualifications suitable for the basic direction for the operation of the qualification system under Article 3 of the Act; |
| 2. | It shall have at least three or more qualification examinations records, which have been conducted for at least one year as of the date of application and have records of qualification examinations; |
| 3. | Where relevant national qualifications are granted, the level of examination, such as the standards, subjects, and qualifications for examination of the relevant private qualifications, shall be the same as or equivalent to the relevant national qualifications. |
| Article 25 (Procedures for Accreditation of Private Qualifications) |
| (1) | A person who intends to apply for the official accreditation of private qualification pursuant to Article 19 (1) of the Act shall submit an application for the official accreditation of private qualification prescribed by Ministerial Decree of Education to the competent Minister, along with the following documents (including applications and documents in electronic form): <Amended on Feb. 29, 2008; May 4, 2010; Sep. 3, 2010; Mar. 23, 2013; Oct. 4, 2013> |
| 1. | Regulations on management and operation of private qualifications; |
| 2. | Records of private qualification examinations for the period before the date of application for accreditation and records related to business, such as statement of accounts of balance and expenditure, etc. for the year prior to the date of application for accreditation; |
| 3. | Annual business plan and expenditure and income and expenditure budget for three years after application for accreditation; |
| 4. | A list of property, including verification facilities, equipment, etc., and documents verifying the relationship of rights and interests of property; |
| 5. | Deleted; <Sep. 3, 2010> |
| 6. | Resumes of reports of representatives and executive officers of applicant institutions; |
| 7. | The degree of utilization of the relevant private qualifications. |
| (2) | Upon receipt of an application under paragraph (1), the competent Minister shall verify the corporation's registration certificate and business registration certificate through administrative data matching under Article 36 (1) of the Electronic Government Act: Provided, That where the applicant does not consent to verification of the business registration certificate, the competent Minister shall require the applicant to attach the relevant documents. <Added on Sep. 3, 2010> |
| (3) | Other matters necessary for the official accreditation of private qualifications shall be prescribed by Ministerial Decree of Education. <Amended on Feb. 29, 2008; Sep. 3, 2010; Mar. 23, 2013> |
| Article 26 (Investigation) |
| (1) | Upon receipt of an application under Article 25 (1), the competent Minister shall conduct an investigation into the necessity of private accreditation for which he or she intends to obtain an official accreditation, standards for qualification examinations, compatibility with relevant national qualifications, etc. |
| (2) | The investigation conducted by the competent Minister pursuant to paragraph (1) shall be comprised of a document examination and an on-site investigation, but the on-site investigation may be conducted where it is deemed that the private qualification to be accredited in the document examination meets the requirements prescribed in paragraph (1). |
| (3) | Details of investigation shall be as follows: |
| 1. | Capability of private qualification managers to manage qualifications; |
| 2. | Management and operation system of private qualifications: |
| (a) | Necessity of qualification; |
| (b) | Suitability of criteria, methods of certification, subjects of certification, eligibility to take certification, eligibility to take certification, etc.; |
| (c) | Appropriateness of qualification examinations. |
| (4) | Where the competent Minister conducts an investigation pursuant to paragraph (1), he or she shall hear opinions of educational and training institutions, industrial circles, or related organizations. |
| (5) | The competent Minister may request a private qualification manager to provide data, if necessary for conducting affairs during an on-site investigation under paragraph (2). |
| (6) | Other detailed matters concerning investigations shall be prescribed by Ministerial Decree of Education. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| Article 27 (Request for Deliberation by Council) |
| (1) | Upon receipt of an application for accreditation pursuant to Article 25 (1), the competent Minister shall request the Deliberative Committee to deliberate on a written request for deliberation within three months from the date of receipt of such request, along with the documents stating the following matters: Provided, That where it is impossible to request deliberation within the period due to unavoidable reasons, the period for requesting deliberation may be extended only once by up to one month: |
| 1. | Results of investigation conducted under Article 26 (1); |
| 2. | Results of gathering opinions under Article 26 (4). |
| (2) | When the competent Minister requests the Council for deliberation pursuant to paragraph (1), he or she shall attach his or her opinion on whether the relevant private qualification meets the standards for accreditation under Article 24. |
| (3) | The competent Minister shall specify the central administrative agencies related to private qualifications in a written request for deliberation under paragraph (1) and shall specify all of the central administrative agencies if such private qualifications are related to at least two central administrative agencies. |
| Article 28 (Notification of Results of Accreditation) |
| (1) | The Minister of Education shall notify the competent Minister of the results of deliberation by the Council under Article 27. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (2) | The competent Minister who has been notified of the results of deliberation pursuant to paragraph (1) shall examine the results of deliberation, etc. and notify the applicant of whether the applicant is accredited within 21 days from the date he or she is notified of the results of deliberation, etc., and where he or she fails to accredit the applicant or does not accredit the application differently from the details of the application, he or she shall specify the reasons therefor: Provided, That where it is impossible to notify the applicant of the results of authorization within the processing period due to unavoidable reasons, the period may be extended only once by up to 7 days. |
| (3) | The notification of official seal under the main clause of paragraph (2) may be substituted by issuing an official certificate. |
| (4) | The competent Minister shall notify the Minister of Education and the head of the central administrative agency under Article 27 (3) of the results of accreditation within 7 days from the date of notifying the applicant of whether accreditation is granted pursuant to paragraph (2), and where he or she fails to grant accreditation or accreditation differently from the details of application, the competent Minister shall specify the reasons therefor. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (1) | A person who manages and operates an accredited qualification who intends to obtain an extension of the period of accreditation pursuant to Article 20 (2) of the Act (hereinafter referred to as "accredited qualification manager") shall file an application for an extension of the period of accreditation with the competent Minister 5 months before the expiration of the accredited period. |
| (2) | Upon receipt of an application under paragraph (1), the competent Minister shall gather consensus from the educational and training circles, industrial circles, etc. on the appropriateness, etc. of the extension of the official accreditation period. |
| Article 30 (Recognition of Qualification for Persons who have Acquired Qualifications Prior to Obtaining Approval) |
| (1) | Where persons who have obtained private qualifications before obtaining approval of private qualifications pursuant to the proviso of Article 21 (2) of the Act wish to obtain accreditation of private qualifications, an accredited qualification manager may, upon obtaining accreditation from the competent Minister, exempt them from part of the examination subjects or educational and training courses to obtain accreditation of private qualifications, or conduct the examination by relaxing the methods of examination, etc. <Amended on Oct. 4, 2013> |
| (2) | An accredited qualification manager who intends to obtain approval for exemption from an educational and training course pursuant to paragraph (1) shall submit an application for approval of an educational and training course (including an application in electronic form) prescribed by Ministerial Decree of Education to the competent Minister. <Added on Oct. 4, 2013> |
| Article 30-2 (Education and Training Courses for Acquiring Certification Qualification) |
| (1) | An accredited qualifications manager who intends to obtain approval pursuant to Article 23 (1) of the Act shall submit an application for approval of an educational and training course (including an application in electronic form) prescribed by Ministerial Decree of Education to the competent Minister. |
| (2) | Where the competent Minister grants approval pursuant to Article 23 (1) of the Act, he or she shall verify whether the relevant educational and training course conforms to the national job competency standards and whether the course conforms to the national job competency standards and conforms to the acquisition of officially accredited qualifications. |
| (3) | The competent Minister may, if necessary for approval under Article 23 (1) of the Act, hear opinions from educational circles, industrial circles, labor circles, etc. |
[This Article Wholly Amended on Jun. 2, 2017]
| Article 31 (Change of Accredited Matters) |
"Important matters prescribed by Presidential Decree" in Article 24 (2) of the Act shall be as follows: <Amended on Oct. 4, 2013> | 1. | Grades of accredited private qualification; |
| 2. | Criteria for examination, subjects and methods of examination, examination methods, eligibility to take examination, and effective period of certified private qualifications; |
| 3. | Where there is an educational and training course, the subjects of the educational and training course, the period of education, standards for completion, and standards and methods for evaluation. |
| Article 31-2 (Criteria for Cancellation of Official Certification or Suspension of Qualification Examinations) |
The standards for the cancellation of accreditation and the suspension of qualification examinations, etc. under Article 26 (1) of the Act shall be as follows: | 1. | Where he or she fails to comply with a corrective order once: 6 months suspending the qualification examination, etc.; |
| 2. | Where he or she fails to comply with a corrective order twice: 12 months of suspension of the qualification examination, etc.; |
| 3. | Where he or she fails to comply with a corrective order three times: Revocation of the official approval. |
[This Article Added on Oct. 4, 2013]
| Article 31-3 (Public Announcement of Revocation of Accreditation) |
| (1) | Where the competent Minister has suspended the revocation of certification of accreditation or qualification examination, etc. pursuant to Article 26 (1) of the Act, he or she shall notify the Minister of Education and the agency delegated or entrusted with the authority pursuant to Article 34 (4) and (5) of such fact, and publicly announce such fact on the website of the relevant agency and the private qualification information system. |
| (2) | The public announcement under paragraph (1) shall include the following matters: |
| 1. | The trade name of an accredited qualification manager and the name of the representative; |
| 2. | Grounds for revocation of certification of accreditation or suspension of qualification examinations, etc.; |
| 3. | Period of suspension where qualification examinations, etc. are suspended; |
| 4. | Categories and grades of qualification; |
| 5. | Other matters deemed necessary by the competent Minister. |
| (3) | Where an accredited qualification is abolished pursuant to Article 26 (2) of the Act or where an accredited qualification is transferred pursuant to paragraph (3) of the same Article, the competent Minister shall notify the Minister of Education and the institution delegated or entrusted with the authority pursuant to Article 34 (4) and (5) of such fact, and publicly announce such fact on the website of the relevant institution and the private qualification information system. |
| (4) | The public announcement under paragraph (3) shall include the following matters: |
| 1. | The trade name of an accredited qualification manager and the name of the representative (where the accredited qualification is transferred, referring to the trade name of each transferor and transferee and the name of the representative, respectively) of the accredited qualification manager; |
| 2. | Grounds for abolishment or transfer; |
| 3. | Category and grade of qualification; |
| 4. | Other matters deemed necessary by the competent Minister. |
[This Article Added on Oct. 4, 2013]
| Article 31-4 (Reporting on Abolishment of Certified Qualification) |
| (1) | Where an accredited qualification manager intends to discontinue his or her accredited qualification pursuant to Article 26 (2) of the Act, he or she shall submit a plan to abolish his or her accredited qualification prescribed by Ministerial Decree of Education (including an application in electronic form) 6 months before the scheduled date of discontinuance to the competent Minister, and shall submit a report on discontinuance of accredited qualification prescribed by Ministerial Decree of Education to the competent Minister by not later than 7 days before the scheduled date of abolishment, along with a certificate of accreditation. In such cases, a report on discontinuance of accredited qualification in electronic form may be submitted, and a certificate of accreditation shall be submitted separately. |
| (2) | Upon receipt of a plan for the discontinuance of certified qualifications and a report on the abolishment of certified qualifications pursuant to paragraph (1), the competent Minister shall, without delay, publicly announce such fact on the website of the relevant agency and the private qualification information system, respectively. |
[This Article Added on Oct. 4, 2013]
| Article 31-5 (Matters to Be Indicated for Consumer Protection) |
Matters to be indicated for the protection of consumers pursuant to Article 33 (1) 4 of the Act shall be as follows: <Amended on Dec. 4, 2018; Jul. 2, 2019> | 1. | Matters concerning the total expenses incurred in acquiring qualifications, qualification examinations, etc., and expenses by details thereof, and the refund thereof; |
| 2. | The telephone number of a national qualification manager or a private qualification manager (where a national qualification manager or a private qualification manager and the actual advertiser do not coincide with each other, referring to the fact thereof and the respective telephone numbers); |
| 3. | In the case of qualification for registration, the details that the qualification for registration is not an accredited qualification. |
[This Article Added on Oct. 4, 2013]
| Article 31-6 (Types of and Criteria for False or Exaggerated Advertisements) |
The types of and criteria for false or exaggerated advertisements under Article 33 (3) of the Act shall be as specified in the Appendix. [This Article Added on Oct. 4, 2013]
| Article 32 (Details of Information on Qualifications) |
| (1) | Pursuant to Article 34 (1) of the Act, a national qualification manager and an accredited qualification manager shall systematically manage information on the following matters: |
| 1. | Personal details of the acquirer of qualification, such as his or her name, resident registration number, etc.; |
| 2. | Educational background requirements of acquirers of qualifications, such as names of final schools and majors; |
| 3. | Matters concerning qualifications acquired, such as the category and field of qualifications, and year of acquisition; |
| 4. | Matters concerning revocation, suspension, and cancellation of qualification. |
| (2) | The head of a central administrative agency shall utilize the details of information managed pursuant to paragraph (1) for the formulation of qualification policies and the improvement of qualification systems, etc. |
A person who intends to obtain certification or re-certification of private qualification pursuant to subparagraph 3 of Article 37 of the Act shall pay fees determined by consultation between the Minister of Education and the heads of the relevant central administrative agencies to the head of the Korea Vocational Education and Training Institute established under Article 8 of the Act on the Establishment, Operation and Fostering of Government-Funded Research Institutes (hereinafter referred to as the "Korea Vocational Education and Training Institute"). <Amended on Feb. 29, 2008; Jul. 30, 2009; Mar. 23, 2013>
| Article 34 (Delegation and Entrustment of Authority) |
| (1) | Pursuant to Article 38 (1) of the Act, the Minister of Education may entrust the following institutions with surveys and research for the formulation and implementation of policies under Article 4 of the Act: <Amended on Feb. 29, 2008; Mar. 23, 2013; Feb. 17, 2022> |
| 4. | Other institutions designated by the Minister of Education after deliberation by the Deliberation Council. |
| (2) | Pursuant to Article 38 (2) of the Act, the competent Minister may delegate the following authority concerning the registration of private qualifications to the head of an agency under his or her jurisdiction, or entrust the Minister of Education, the head of another administrative agency, or a relevant specialized institution: <Added on Oct. 4, 2013; Jun. 2, 2017> |
| 3. | Receipt of reports on abolishment of registration qualifications under Article 18-3 (2) of the Act. |
| (3) | The Minister of Education shall re-entrust the duties entrusted under paragraph (2) to the Korea Vocational Education and Training Institute pursuant to Article 38 (3) of the Act. <Added on Oct. 4, 2013> |
| (4) | Pursuant to Article 38 (4) of the Act, the competent Minister may delegate the following authority concerning the official accreditation of private qualification to the head of an affiliated agency or entrust it to the head of another administrative agency or a relevant specialized institution pursuant to Article 38 (4) of the Act: <Amended on Oct. 4, 2013; Jun. 2, 2017> |
| 1. | Guidance and supervision over accredited qualification managers under article 29 of the Act; |
| 2. | Management of information on persons acquiring qualifications under article 34 of the Act; |
| 3. | Investigation into whether the educational and training courses conform to the national standards for workplace skills under Article 30-2 (2) and whether they are suitable for the acquisition of certified qualifications. |
| (5) | Pursuant to Article 38 (4) of the Act, the competent Minister shall entrust the Korea Vocational Education and Training Institute with the following affairs concerning the official approval of private qualifications pursuant to Article 38 (4) of the Act: Provided, That the following affairs concerning the official accreditation of private qualifications related to economic education under subparagraph 1 of Article 2 of the Economic Education Support Act may be entrusted to an institution in charge of economic education under Article 8 of the same Act: <Amended on Jul. 30, 2009; Oct. 4, 2013> |
| 1. | Receipt of applications for certification of private qualification under Article 25 (1); |
| 2. | Conducting surveys, gathering consensus and requesting materials under Article 26 (1), (2), (4), and (5); |
| 3. | Receipt of applications under Article 29 (1) and gathering of opinions under paragraph (2); |
| 4. | Approval for qualification examinations under Article 30; |
| 5. | Approval for change of certified matters under Article 31. |
| (6) | Where the Minister of Education or the competent Minister delegates or entrusts duties pursuant to paragraphs (1), (2), (4), and (5) and the proviso of paragraph (5), with the exception of its subparagraphs, the Minister shall publicly notify the entrusted institution, details of duties, etc. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 4, 2013> |
| Article 35 (Management of Personally Identifiable Information) |
[This Article Wholly Amended on Dec. 20, 2022]
| Article 36 (Review of Regulation) |
The Minister of Education shall examine the appropriateness of a fact-finding survey on qualification policies under Article 10-2 every three years, counting from Jan. 1, 2022 (referring to the period that ends on the day before the base date of every third year) and shall take measures, such as making improvements. [This Article Added on Mar. 8, 2022]
ADDENDUM <Presidential Decree No. 20346, Oct. 26, 2007>
This Decree shall enter into force on Oct. 28, 2007: Provided, That the amended provisions of Articles 3 through 9 shall enter into force on April 28, 2008.
ADDENDA <Presidential Decree No. 20740, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into on the date of its promulgation.
ADDENDA <Presidential Decree No. 20897, Jul. 3, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into on the date of its promulgation.
ADDENDUM <Presidential Decree No. 21647, Jul. 30, 2009>
This Decree shall enter into on the date of its promulgation.
ADDENDA <Presidential Decree No. 22075, Mar. 15, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 19, 2010. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 22151, May 4, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 5, 2010.
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.)
ADDENDUM <Presidential Decree No. 223369, Sep. 3, 2010>
This Decree shall enter into on the date of its promulgation.
ADDENDA <Presidential Decree No. 22681, Feb. 25, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 23527, Jan. 25, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 26, 2012. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 24423, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 24781, Oct. 4, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into on the date of its promulgation.
Article 2 (Transitional Measures concerning Developed National Job Competency Standards)
National job competency standards developed pursuant to the previous provisions as at the time this Decree enters into force shall be deemed to have been developed by the Minister of Employment and Labor pursuant to the amended provisions of Article 3.
ADDENDA <Presidential Decree No. 25751, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That Presidential Decrees amended by Article 5 of the Addenda, which were promulgated before this Decree enters into force but the enforcement date of which has not arrived yet, shall enter into force on the enforcement date of the respective Decree.
ADDENDA <Presidential Decree No. 25840, Dec. 9, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2016
ADDENDUM <Presidential Decree No. 26844, Dec. 31, 2015>
This Decree shall enter into on the date of its promulgation.
ADDENDA <Presidential Decree No. 27751, Dec. 30, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2017. (Proviso Omitted.)
ADDENDUM <Presidential Decree No. 27960, Mar. 27, 2017>
ADDENDUM <Presidential Decree No. 28085, Jun. 2, 2017>
This Decree shall enter into force on June 21, 2017.
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,, if any Presidential Decree, parts of which are amended by Article 8 of this Addenda, was promulgated before but has yet to enter into force as at the time this Decree enters into force, such amended parts shall enter into force when that relevant Presidential Decree enters into force.
ADDENDUM <Presidential Decree No. 29320, Dec. 4, 2018>
This Decree shall enter into force three months after the date of its promulgation.
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. 30133, Oct. 22, 2019>
This Decree shall enter into force on October 24, 2019.
ADDENDA <Presidential Decree No. 32447, Feb. 17, 2022>
Article 1 (Enforcement Date)
This Decree shall enter into force on February 18, 2022.
ADDENDUM <Presidential Decree No. 32528, Mar. 8, 2022>
This Decree shall enter into on the date of its promulgation.
ADDENDUM <Presidential Decree No. 33112, Dec. 20, 2022>
This Decree shall enter into on the date of its promulgation.