CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to contribute to the development of high-tech industries and the national economy by creating an ecosystem in which the high-tech industrial community can take the initiative in training, utilizing, and managing talent and by establishing a foundation for the continuous and stable supply of outstanding talent to meet the demand of the relevant industrial community.
Definitions of terms used in this Act shall be as follows:
| 1. | The term "high-tech industry" means any of the following industries expected to have high marketability, ripple effects, growth potential, and contribution to the development of the national economy based on its innovation over existing industries or new social and economic values: |
| c. | Other industries designated by the Minister of Trade, Industry and Energy in consultation with the heads of relevant central administrative agencies, as prescribed by Presidential Decree; |
| 2. | The term "high-tech industry talent" means a person of competence and character, equipped with knowledge, technology, capabilities, attitudes, etc. necessary to strengthen the national and regional competitiveness in high-tech industries; |
| 3. | The term "talent innovation in high-tech industries" means a series of processes through which the State, local governments, educational institutions, research institutes, enterprises, etc. train, utilize, and manage relevant talent to create new values through innovation in high-tech industries; |
| 4. | The term "educational institutions, etc." means any of the following educational institutions, etc. in high-tech industries established and operated by the industrial community in order to take the initiative in training necessary talent: |
| b. | An enterprise talent development institution, etc. under Article 5; |
| c. | A high-tech industry academy under Article 7; |
| d. | An enterprise specializing in talent innovation under Article 8; |
| g. | Other institutions or enterprises prescribed by Presidential Decree, which operate training curricula for high-tech industry talent; |
| 5. | The term "overseas talent" means any of the following persons who meet the requirements prescribed by Presidential Decree: |
| a. | A foreigner who works, or desires to work, for a Korean company in a high-tech industry; |
| b. | A foreigner enrolled in a domestic educational institution in a high-tech industry and capable of finding employment; |
| c. | A Korean national working for a foreign company in a high-tech industry or enrolled in an overseas educational institution and capable of finding employment. |
| Article 3 (Responsibilities of the State and local governments) |
| (1) | The State and local governments shall formulate comprehensive policies for talent innovation necessary for high-tech industries and prepare administrative and financial support measures necessary therefor. |
| (2) | Business entities and the relevant industrial community shall cooperate with each other in talent innovation, creation of a win-win ecosystem necessary for the development of high-tech industries, and shall actively endeavor to voluntarily participate in the policies of the State and local governments. |
CHAPTER II HIGH-TECH INDUSTRY TALENT INNOVATION BY INDUSTRIAL COMMUNITY AND PARTICIPATION
| Article 4 (Establishment and operation of in-house graduate school-type lifelong educational establishment) |
| (1) | A person falling under any subparagraph of Article 32 (1) of the Lifelong Education Act may establish and operate a lifelong educational establishment, the graduates of which are recognized to have the same educational attainment and degrees as graduate school (including graduate school universities or colleges under Article 30 of the Higher Education Act) graduates (hereinafter referred to as "in-house graduate school-type lifelong educational establishment") or may entrust the operation of such establishment to a school under Article 2 of the Higher Education Act, after obtaining authorization from the Minister of Education in order to train high-tech industry talent. |
| (2) | Article 32 (2) through (5) of the Lifelong Education Act shall apply mutatis mutandis to persons eligible for education, bearing of associated expenses, operation, and closure of in-house graduate school-type lifelong educational establishments. In such cases, "in-house college-type lifelong educational establishment" shall be construed as "in-house graduate school-type lifelong educational establishment", and "employee" as "employee and candidate for employment prescribed by Presidential Decree", respectively. |
[The amended provisions of Article 4 of the Act (No. 20033, Jan. 16, 2024) shall remain effective until January 16, 2027 pursuant to Article 2 of the Addenda to that Act.]
| Article 5 (Designation of enterprise talent development institution) |
| (1) | In order to efficiently support and manage talent innovation activities of enterprises related to high-tech industries, the Minister of Trade, Industry and Energy may designate an educational and training institution affiliated with an enterprise (including institutions jointly operated by multiple enterprises) or an educational and training department of an enterprise that meets the standards prescribed by Presidential Decree as an enterprise talent development institution or a department dedicated to talent innovation (hereinafter referred to as "enterprise talent development institution, etc.") in consultation with the heads of relevant central administrative agencies. |
| (2) | An enterprise intending to be designated as an enterprise talent development institution, etc. shall apply for such designation to the Minister of Trade, Industry and Energy. |
| (3) | Where an enterprise to which an enterprise talent development institution, etc. designated under paragraph (1) belongs changes any matter prescribed by Presidential Decree, it shall report thereon to the Minister of Trade, Industry and Energy. |
| (4) | The State and local governments may provide necessary support, such as contributions or subsidies, as prescribed by Presidential Decree, so that enterprise talent development institutions, etc. may actively participate in talent innovation in high-tech industries. |
| (5) | The heads of relevant central administrative agencies may request the Minister of Trade, Industry and Energy to provide information on enterprise talent development institutions, etc. for purposes of talent innovation in high-tech industries. In such cases, the Minister of Trade, Industry and Energy so requested shall comply unless there is a compelling reason not to do so. |
| (6) | Other matters necessary for designating, supporting, etc. enterprise talent development institutions, etc. shall be prescribed by Presidential Decree. |
| Article 6 (Revocation of designation of enterprise talent development institution) |
| (1) | Where an enterprise to which an enterprise talent development institution, etc. belongs falls under any of the following cases, the Minister of Trade, Industry and Energy may revoke the designation of the enterprise talent development institution, etc. in consultation with the head of the relevant central administrative agency; provided, where it falls under subparagraph 1 or 2, the designation shall be revoked: |
| 1. | Where it has been designated or has filed a modification report by fraud or other improper means; |
| 2. | Where an enterprise to which an enterprise talent development institution, etc. belongs requests that designation as an enterprise talent development institution, etc. be revoked; |
| 3. | Where the Minister of Trade, Industry and Energy confirms that an enterprise to which an enterprise talent development institution, etc. belongs is no longer in business or has closed down the enterprise talent development institution, etc.; |
| 4. | Where it fails to supplement any matter that falls short of the designation standards referred to in Article 5 (1) until one month after the date the Minister of Trade, Industry and Energy issues an order for such supplementation; |
| 5. | Where it fails to file a report on modification under Article 5 (3) within one year from the date the ground for modification occurs; |
| 6. | Where the Minister of Trade, Industry and Energy deems that the enterprise talent development institution, etc. has no record of talent innovation activities. |
| (2) | Where the designation of an enterprise talent development institution, etc. is revoked pursuant to paragraph (1) 1, the enterprise to which it belongs shall be prohibited from filing an application for designation under Article 5 (2) until one year elapses from the date of such revocation. |
| Article 7 (Designation of high-tech industry academy) |
| (1) | The Government may designate an institution, organization, or business entity that meets the standards prescribed by Presidential Decree as a high-tech industry academy (hereinafter referred to as "high-tech industry academy") in order to promote the training of high-tech industry talent. |
| (2) | Any institution, organization, or business entity intending to be designated as a high-tech industry academy shall file an application for designation with the head of the competent central administrative agency. |
| (3) | A high-tech industry academy shall conduct the following: |
| 1. | Training high-tech industry talent through business type-specific education; |
| 2. | Technology training and education necessary for high-tech industries as a whole; |
| 3. | Training and education for professional trainers under Article 10; |
| 4. | Training and education for members of the talent innovation ecosystem under Article 16; |
| 5. | Development and dissemination of high-tech industry education programs; |
| 6. | Establishing and operating a cooperative network among high-tech industry academies; |
| 7. | Construction, maintenance, and management of equipment, facilities, etc. necessary to train high-tech industry talent; |
| 8. | Other businesses prescribed by Presidential Decree as necessary for promoting the training of high-tech industry talent. |
| (4) | The Government may contribute or subsidize expenses incurred by a high-tech industry academy designated under paragraph (1) in conducting the businesses listed in paragraph (3). |
| (5) | Where a high-tech industry academy designated under paragraph (1) falls under any of the following, the Government may revoke the designation thereof; provided, in cases falling under subparagraph 1, the designation shall be revoked: |
| 1. | Where it has been designated by fraud or other improper means; |
| 2. | Where it no longer meets the requirements for designation under paragraph (1); |
| 3. | Where it is deemed to fail to faithfully perform business affairs related to training of high-tech industry talent or to be significantly lacking in performance. |
| (6) | Other matters necessary for designation of a high-tech industry academy, standards and procedures for the revocation of designation thereof, etc. shall be prescribed by Presidential Decree. |
| Article 8 (Registration of enterprise specializing in talent innovation) |
| (1) | A person who intends to conduct any of the following projects in a high-tech industry and meets the requirements prescribed by Presidential Decree, upon consultation with the heads of relevant central administrative agencies, may be registered with the Minister of Trade, Industry and Energy as an enterprise specializing in talent innovation in high-tech industries (hereinafter referred to as "enterprise specializing in talent innovation"): |
| 1. | Technology education projects in high-tech industries; |
| 2. | Design of curricula, commissioned education, or consulting services for high-tech industry-related enterprises; |
| 3. | Projects for selecting and evaluating outstanding overseas talent for high-tech industry-related enterprises; |
| 4. | Projects for supporting talent management for high-tech industry-related enterprises; |
| 5. | Other projects related to talent innovation in high-tech industries, as prescribed by Presidential Decree. |
| (2) | The Government may provide the following support to enterprises specializing in talent innovation registered pursuant to paragraph (1) so that they can actively participate in talent innovation in high-tech industries: |
| 1. | Priority participation in talent training projects implemented by the State and local governments; |
| 2. | Subsidizing operating expenses, such as curricula development costs, lecture fees, or personnel expenses; |
| 3. | Subsidizing expenses incurred in building, maintaining, and managing equipment, facilities, etc. necessary for education; |
| 4. | Other types of support for facilitating business management activities of enterprises specializing in talent innovation, as prescribed by Presidential Decree. |
| (3) | Where an enterprise specializing in talent innovation registered pursuant to paragraph (1) falls under any of the following cases, the Minister of Trade, Industry and Energy may revoke such registration; provided, in cases falling under subparagraph 1, the registration shall be revoked: |
| 1. | Where it has been registered by fraud or other improper means; |
| 2. | Where it no longer meets the requirements for registration under paragraph (1); |
| 3. | Where it is deemed to fail to faithfully perform business affairs related to training of high-tech industry talent or to be significantly lacking in performance. |
| (4) | The heads of relevant central administrative agencies may request the Minister of Trade, Industry and Energy to provide information on enterprises specializing in talent innovation for purposes of talent innovation in high-tech industries. In such cases, the Minister of Trade, Industry and Energy so requested shall comply unless there is a compelling reason not to do so. |
| (5) | Other matters necessary for the registration of, and support for, enterprises specializing in talent innovation shall be prescribed by Presidential Decree. |
| Article 9 (Assessment and certification of courses of study) |
The Minister of Education may assess and certify the courses of study established and operated by enterprise talent development institutions referred to in Article 5 (1), high-tech industry academies, or enterprises specializing in talent innovation under Article 3 of the Act on Recognition of Credits.
| Article 10 (Registration of professional trainer) |
| (1) | A person with extensive expertise and experience in high-tech industries who meets certain requirements prescribed by Presidential Decree may be registered with the Minister of Trade, Industry and Energy as a professional trainer for high-tech industry talent (hereinafter referred to as "professional trainer"). |
| (2) | In order to encourage professional trainers to participate in the curricula for high-tech industry talent provided by educational institutions, etc., the Government may provide professional trainers or institutions to which professional trainers belong or which utilize such professionals with the following support: |
| 1. | Priority participation in talent training projects implemented by the State and local governments; |
| 2. | Subsidization of expenses, such as travel expenses and personnel expenses, borne by the institution to which professional trainers belong or which utilize them according to the lecture activities of professional trainers; |
| 4. | Other types of support for facilitating talent training activities of professional trainers, as prescribed by Presidential Decree. |
| (3) | The National Commission for Corporate Partnership established under Article 20-2 of the Act on the Promotion of Mutually Beneficial Cooperation between Large Enterprises and Small and Medium Enterprises may independently and autonomously give preferential treatment to enterprises that endeavor to engage in mutually beneficial cooperation between large enterprises and small and medium enterprises, such as providing professional trainers of large enterprises to small and medium enterprises, when calculating the shared growth index. |
| (4) | The Minister of Trade, Industry and Energy shall consult with the Minister of Education on matters necessary for the registration and management of professional trainers, appointment of them as teachers, etc. |
| (5) | Other matters necessary for the registration of, and support for, professional trainers shall be prescribed by Presidential Decree. |
| Article 11 (Special cases concerning qualification standards for appointment of professional trainers as teachers and their concurrent office or position holding) |
| (1) | Notwithstanding Article 16 of the Higher Education Act, the qualification standards for the appointment of professional trainers as teachers under Article 14 (2) of that Act or part-time teachers or visiting teachers under Article 17 (1) of that Act for the purpose of training or retraining of professional talent necessary for high-tech industries may be differently prescribed in school regulations or the articles of association of the school foundation. |
| (2) | Professors, associate professors, and assistant professors under Article 14 (2) of the Higher Education Act may hold a concurrent office or position as the representative, executive officer or employee of a business entity in a high-tech industry, with permission from the head of a school to which he or she belongs, to the extent that does not interfere with the education and guidance of students and academic research. |
| Article 12 (Facilitation of opening and sharing of talent innovation facilities by industrial community) |
| (1) | The Government may provide support by making talent innovation facilities such as equipment and education and research facilities owned by high-tech industry-related enterprises, institutions and organizations (hereafter in this Article referred to as "talent innovation facilities") open to educational institutions, etc. for sharing by means of donation, contribution, lease, joint use, etc. (hereinafter referred to as "opening and sharing") in order to facilitate talent innovation in high-tech industries. |
| (2) | The Government may provide the following support necessary for high-tech industry-related enterprises, institutions and organizations to conduct activities for opening and sharing pursuant to paragraph (1): |
| 1. | Subsidization of expenses incurred in the construction, relocation, maintenance, and management of talent innovation facilities that are open and shared; |
| 2. | Subsidization of expenses incurred in the invitation of industrial experts, advisory service, education, etc. to utilize talent innovation facilities open and shared; |
| 3. | Subsidization of expenses incurred in industry-academia-research cooperation and human resources exchange for opening and sharing; |
| 4. | Rewards for persons and enterprises that have contributed to opening and sharing; |
| 6. | Other types of support prescribed by Presidential Decree as necessary for promoting activities for opening and sharing talent innovation facilities owned by enterprises, institutions, and organizations related to high-tech industries. |
| (3) | The National Commission for Corporate Partnership established under Article 20-2 of the Act on the Promotion of Mutually Beneficial Cooperation between Large Enterprises and Small and Medium Enterprises may independently and autonomously give preferential treatment to enterprises that endeavor to engage in mutually beneficial cooperation between large enterprises and small and medium enterprises, such as making talent innovation facilities of large enterprises available to small and medium enterprises, when calculating the shared growth index. |
| Article 13 (Encouragement of industrial community's involvement in curricula) |
| (1) | Educational institutions, etc. may develop or operate curricula by reflecting the opinions of the industrial community or their own educational content in order to train talent that meet the demand of the industrial community. |
| (2) | Educational institutions, etc. may reflect the opinions of the industrial community or their own educational contents in the curricula by inviting the Talent Innovation Council under Article 18 to participate in the planning and operation of educational programs. |
| (3) | The Government may provide necessary support, in terms of budget and taxation, to enterprises participating in the curricula implemented by educational institutions, etc. under paragraphs (1) and (2). |
CHAPTER III LAYING FOUNDATION FOR TALENT INNOVATION IN HIGH-TECH INDUSTRIES
| Article 14 (Establishment of Talent Innovation Center) |
| (1) | A high-tech industry talent innovation center (hereinafter referred to as "Talent Innovation Center") shall be established in a public institution prescribed by Presidential Decree among public institutions under Article 4 of the Act on the Management of Public Institutions (hereinafter referred to as "public institution") to facilitate talent innovation in high-tech industries. |
| (2) | The Talent Innovation Center shall perform the following: |
| 1. | Support for talent innovation activities of the industrial community, such as enterprise talent development institutions, etc., high-tech industry academies, and enterprises specializing in talent innovation; |
| 2. | Support for the creation of infrastructure, such as opening and sharing industrial facilities, revitalizing ecosystems, and managing and utilizing data on talent; |
| 3. | Support for the review of policies of the Government, such as workforce supply and demand analysis and compilation of statistics under Article 19; |
| 5. | Research and study on talent innovation at home and abroad and international cooperation projects; |
| 6. | Other projects prescribed by Presidential Decree as necessary for talent innovation in high-tech industries. |
| Article 15 (Establishment of Association) |
| (1) | A person who runs a high-tech industry-related business or who is engaged in any business affairs related thereto may establish an association of high-tech industrial engineers (hereinafter referred to as the "Association") after obtaining authorization from the Minister of Trade, Industry and Energy in order to innovate and utilize talent in high-tech industries and promote the common interests of the industrial community. |
| (2) | The Association shall be a legal entity. |
| (3) | The Association shall perform the following: |
| 1. | Management of the High-Tech Industry Talent Training Fund under Article 17; |
| 2. | Projects for the promotion of welfare, such as mutual aid projects for members of the Association; |
| 3. | Projects for offering outplacement services for persons who have changed, or retired from, high-tech industry-related jobs; |
| 4. | Research on systems for talent innovation in high-tech industries and suggestions for improvement thereof; |
| 5. | Status and statistics management for high-tech industry-related enterprises; |
| 6. | Collection, analysis and provision of high-tech industry-related information; |
| 7. | Business affairs entrusted by the Government with regard to talent innovation in high-tech industries; |
| 8. | Other business affairs prescribed by Presidential Decree as necessary to achieve the objectives of the establishment of the Association. |
| (4) | Except as provided in this Act, the provisions of the Civil Act governing incorporated associations shall apply mutatis mutandis to the Association. |
| Article 16 (Voluntary regulations for creating high-tech industry talent innovation ecosystem) |
| (1) | In order to innovate talent in high-tech industries through win-win cooperation, the Government may support enterprises, institutions, and organizations related to high-tech industries to establish voluntary regulations for creating an ecosystem for talent innovation in high-tech industries (hereinafter referred to as "voluntary regulations"), including the following: |
| 1. | Talent training curricula through win-win cooperation; |
| 2. | Procedures for hiring persons who have completed the curricula; |
| 3. | Procedures for re-employment between enterprises participating in voluntary regulations; |
| 4. | Funding and operation plans necessary for voluntary regulations; |
| 5. | Procedures for handling disputes in the process of implementing voluntary regulations; |
| 6. | Management plans for voluntary regulations and status of the operating agency. |
| (2) | In order to promote the invigoration and diffusion of business type-specific voluntary regulations, the Government may provide the following support to high-tech industry-related enterprises, institutions, or organizations which have established voluntary regulations under paragraph (1): |
| 1. | Subsidization of expenses incurred in developing and operating talent training programs through win-win cooperation; |
| 2. | Administrative and financial support for the establishment of the foundation for invigorating a high-tech industry talent innovation ecosystem; |
| 3. | Other matters prescribed by Presidential Decree for win-win cooperation and better understanding in the high-tech industry talent innovation ecosystem. |
| (3) | A person who intends to receive support from the Government pursuant to paragraph (2) shall submit voluntary regulations to the Minister of Trade, Industry and Energy, as prescribed by Presidential Decree. |
| (4) | The Government may prepare recommendations for voluntary regulations after gathering opinions from the industrial community in order to promote the creation of a talent innovation ecosystem. |
| Article 17 (Establishment of High-Tech Industry Talent Training Fund) |
| (1) | The Association may establish the High-Tech Industry Talent Training Fund (hereinafter referred to as the "Fund"), as prescribed by its articles of association, to support the vitalization of the high-tech industry talent innovation ecosystem. |
| (2) | The Association shall operate and manage accounts of the Fund separately from other accounts. |
| (3) | The Fund shall be created from the following financial resources: |
| 1. | Contributions from corporations or organizations; |
| 3. | Income from profit-making business; |
| (4) | The Fund shall be used for the following: |
| 1. | Win-win cooperation talent training programs in the high-tech industry talent innovation ecosystem; |
| 2. | Projects for creating the high-tech industry talent innovation ecosystem; |
| 3. | Projects for promoting the welfare of members of the high-tech industry talent innovation ecosystem; |
| 4. | Projects for promoting technological cooperation in the high-tech industry talent innovation ecosystem; |
| 5. | Projects for narrowing the salary gap and supporting job creation in the high-tech industry talent innovation ecosystem; |
| 6. | Projects for attracting outstanding overseas talent in the high-tech industry talent innovation ecosystem; |
| 7. | Expenses for the creation, operation, and management of the Fund; |
| 8. | Other projects prescribed by Presidential Decree for vitalizing the high-tech industry talent innovation ecosystem. |
| Article 18 (Talent Innovation Council) |
| (1) | In order to promote the following business affairs, business entities, trade associations (referring to associations established by business entities as non-profit corporations under Article 32 of the Civil Act), education and training institutions, research institutes, labor unions, etc. may organize and operate a business type-specific high-tech industry talent innovation council (hereinafter referred to as "Talent Innovation Council"): |
| 1. | Conducting an analysis of workforce supply and demand, and education and training supply and demand, by business type; |
| 2. | Making proposals for the development of standards for qualifications and job competency by business type; |
| 3. | Making proposals for the development of plans to utilize high-tech industry talent by business type; |
| 4. | Making proposals for the development of curricula by business type; |
| 5. | Management of voluntary regulations (limited to where the parties thereto give consent); |
| 6. | Reflecting opinions of the industrial community on the development and operation of curricula of educational institutions, etc.; |
| 7. | Making proposals for policies and projects on high-tech industry talent innovation. |
| (2) | The Minister of Trade, Industry and Energy may provide support necessary for the organization, operation, etc. of the Talent Innovation Council. |
| (4) | Other matters necessary for the composition and operation methods of the Talent Innovation Council, the scope, details, procedures, etc. of support shall be prescribed by Presidential Decree. |
| Article 19 (Workforce supply and demand analysis) |
| (1) | The Government may prepare and publish an analysis of the supply of and demand for human resources in high-tech industries (hereinafter referred to as "workforce supply and demand analysis"), including the following: |
| 1. | Analysis of the quantitative scale of workforce in demand and workforce available by business type; |
| 2. | Analysis of the comparison between workforce in demand and workforce available, in terms of competency levels, by business type; |
| 3. | Other matters prescribed by Presidential Decree, which are related to the workforce supply and demand analysis. |
| (2) | The Government may collect, investigate, and analyze information necessary for a workforce supply and demand analysis, and may request the heads of relevant central administrative agencies (including affiliated agencies and responsible administrative agencies), the heads of local governments (including affiliated agencies), the heads of public institutions, and the heads of corporations and organizations to provide information. In such cases, a person so requested shall comply unless there is a compelling reason not to do so. |
| (3) | No public official who collects and prepares data and statistics pursuant to paragraphs (1) and (2) shall use or divulge any data or information related to trade secrets (referring to trade secrets defined in subparagraph 2 of Article 2 of the Unfair Competition Prevention and Trade Secret Protection Act) of enterprises that he or she has become aware of in the course of performing his or her duties, for any purpose other than those prescribed by this Act. |
| (4) | The Government may prepare relevant workforce supply and demand measures based on the results of the workforce supply and demand analysis conducted under paragraph (1) for the smooth supply of and demand for human resources in high-tech industries. |
| (5) | Other matters necessary for the preparation, management, public announcement, etc. of the workforce supply and demand analysis shall be prescribed by Presidential Decree. |
| Article 20 (Designation of business type at risk in terms of high-tech industry talent) |
| (1) | Where necessary for high-tech industries to ensure stable talent acquisition, the Minister of Trade, Industry and Energy may designate any of the following types of high-tech industry business as a type of business at risk in terms of high-tech industry talent (hereinafter referred to as "business type at risk") for a specified period, upon application by an enterprise, institution, or organization related to high-tech industries or ex officio; in such cases, consultation with the heads of relevant central administrative agencies and deliberation by the National High-Tech Strategic Industry Committee under Article 9 of the Act on Special Measures for Strengthening the Competitiveness of, and Protecting National High-Tech Industries (hereinafter referred to as the "Committee") shall be conducted beforehand: |
| 1. | Types of business expected to face a sharp shortage of talent within several years due to rising demand for, and falling supply of, necessary talent and other factors; |
| 2. | Types of business expected to suffer a serious obstacle to maintaining industrial competitiveness, with enterprises going bankrupt, closing down or relocating their place of business due to lack of talent; |
| 3. | Other types of business in which an event occurs that makes talent acquisition extremely difficult. |
| (2) | Where an industry of a scale equivalent to or larger than that prescribed by Presidential Decree, which has a significant impact on the national economy, causes a crisis in high-tech industries or is highly expected to cause a crisis in the entire industry, the Minister of Trade, Industry and Energy may designate a type of business of the relevant industry falling under any subparagraph of paragraph (1) as a business type at risk for a specified period upon application by relevant enterprises, institutions, and organizations. In such cases, consultation with the heads of relevant central administrative agencies and deliberation by the Committee shall be conducted beforehand. |
| (3) | Where a type of business designated as a business type at risk under paragraph (1) or (2) no longer meets the requirements for designation, the Minister of Trade, Industry and Energy may cancel the designation after consultation with the heads of relevant central administrative agencies and deliberation by the Committee. |
| (4) | The Minister of Trade, Industry and Energy may conduct a fact-finding survey and collect data, in consultation with the heads of the relevant central administrative agencies, to ascertain the necessity to designate a business type at risk, the current status of talent, etc. |
| (5) | The scope of the heads of relevant central administrative agencies subject to consultation under paragraphs (1) through (4), and other matters necessary for the designation of business types at risk, operation thereof, fact-finding surveys, etc. shall be prescribed by Presidential Decree. |
| Article 21 (Support for business types at risk) |
| (1) | The State and local governments may provide the following support for business types at risk to acquire talent: |
| 1. | Adjustment of the quota of universities or graduate schools and granting of scholarships; |
| 2. | Priority support in the matters requiring support under Articles 27 and 28 necessary for the prompt attraction and settlement of overseas talent; |
| 3. | Priority participation in talent training projects implemented by the State and local governments; |
| 4. | Support for the settlement conditions, such as childcare, education, medical care, residence, relocation, etc. for the urgent utilization of youth, female, and retired talent; |
| 6. | Other matters prescribed by Presidential Decree as necessary for prompt acquisition of talent. |
| (2) | The Government shall devise necessary measures through cooperation so that the support under paragraph (1) can be swiftly provided, and shall promptly improve the relevant statutes or regulations if it is necessary to amend applicable statutes or regulations. |
| (3) | Where a type of business which has applied for the designation as a business type at risk under Article 20 (1) or (2) faces a rapid deterioration in talent acquisition and requires urgent support, the State and local governments may provide support referred to in the subparagraphs of paragraph (1) even before it is designated as a business type at risk. |
CHAPTER IV SUPPORT PROJECTS FOR HIGH-TECH INDUSTRY TALENT INNOVATION
| Article 22 (Acquisition of local high-tech industry talent) |
| (1) | The State and local governments may promote the following projects to acquire local talent in high-tech industries: |
| 1. | Training of talent in cooperation with local governments and educational institutions in connection with corporate investment plans; |
| 2. | Training of talent jointly by local educational institutions and enterprises; |
| 3. | Creation of a residential environment, such as childcare, education, and medical care, for the influx of workforce from outside the area; |
| 4. | Other projects prescribed by Presidential Decree as necessary for acquiring local talent in high-tech industries. |
| (2) | The Government may survey demand for projects under paragraph (1) and provide administrative and financial support to ensure that such projects are implemented promptly based on the findings of the survey. |
| Article 23 (Training and utilization of youth and female talent in high-tech industries) |
| (1) | The Government shall conduct a fact-finding survey every year to ascertain the current status of utilization of youth and female talent in high-tech industries and publicly announce the results thereof. |
| (2) | The Government may request the heads of relevant institutions, corporations, and organizations to submit relevant data in order to conduct a fact-finding survey under paragraph (1). In such cases, a person so request shall comply unless there is a compelling reason not to do so. |
| (3) | The State and the heads of local governments may provide the following support in order to promote the training and utilization of youth and female talent: |
| 1. | Providing work experience, such as the operation of internship programs in high-tech industries; |
| 2. | Implementing projects for assisting in finding jobs, such as providing information on employment in high-tech industries and consulting on career management; |
| 3. | Promoting preferential treatment for youth and female talent in the course of high-tech industry talent innovation activities conducted by the industrial community; |
| 4. | Administrative and financial support for facilitating the training and utilization of youth and female talent in high-tech industries; |
| 5. | Other matters prescribed by Presidential Decree, which are related to the promotion of training and utilization of youth and female talent. |
| Article 24 (Support for small and medium enterprises and middle-standing enterprises in high-tech industries) |
| (1) | The State and local governments may promote the following projects to support small and medium enterprises and middle-standing enterprises in high-tech industries, the scale of which does not exceed that prescribed by Presidential Decree, in talent acquisition: |
| 1. | Support for corporate talent training programs, such as in-house training; |
| 2. | Development and operation of educational programs to support professional talent and train talent; |
| 3. | Financial and administrative support necessary to continuously acquire outstanding talent; |
| 4. | Support for attracting overseas talent under Articles 27 and 28; |
| 5. | Other projects prescribed by Presidential Decree as necessary for small and medium enterprises and middle-standing enterprises to acquire talent. |
| (2) | The Government may survey demand for projects under paragraph (1) and provide administrative and financial support to ensure that such projects are implemented promptly based on the findings of the survey. |
| Article 25 (Cooperation in information sharing for talent training projects) |
The State and local governments shall actively cooperate, such as sharing the current status of projects, results of projects, and information on trainees, in order to eliminate redundancy among talent training projects and improve efficiency in high-tech industries.
| Article 26 (Review of appropriate number of overseas talent to attract) |
| (1) | The Government may review the appropriate scale of overseas talent to attract for the stable supply of and demand for human resources in high-tech industries. |
| (2) | The Government may conduct a survey on the following matters for review under paragraph (1): |
| 1. | A list of technologies that need to be acquired according to the outlook for high-tech industries; |
| 2. | Domestic educational institutions for human resources equipped with the technologies under subparagraph 1 and the scale of supply available; |
| 3. | Industrial community’s demand for human resources equipped with the technologies under subparagraph 1; |
| 4. | Other matters prescribed by Presidential Decree as necessary for review of the appropriate scale of overseas talent to attract. |
| (3) | Where necessary to conduct a survey under paragraph (2), the Government may hear opinions of relevant experts or conduct an on-site survey, and may request the heads of relevant central administrative agencies, local governments, or trade associations to submit data or opinions. In such cases, the heads of institutions or organizations so requested shall comply unless there is a compelling reason not to do so. |
| Article 27 (Cooperation in attracting overseas talent) |
The Government shall actively promote the following in order to attract overseas talent in high-tech industries:
| 1. | Holding international events to attract overseas talent jointly with local governments and enterprises; |
| 2. | Operation of overseas job fairs, delegations, etc. for cooperation between governments, etc.; |
| 3. | Securing budget and support staff to attract overseas talent; |
| 4. | Other activities prescribed by Presidential Decree to support pan-governmental cooperation necessary to attract overseas talent. |
| Article 28 (Support for overseas talent in settlement) |
| (1) | The State and local governments may provide the following support to outstanding overseas talent who meet the standards prescribed by Presidential Decree for their stable settlement in Korea so that they can continue to contribute to strengthening the competitiveness of high-tech industries: |
| 1. | Subsidization of construction and operation expenses for residential and living facilities; |
| 2. | Matters prescribed by Presidential Decree to support overseas talent in care and formal education for their lineal minors; |
| 3. | Matters regarding Korean language and culture education for overseas talent themselves, their spouses, and lineal ascendants and descendants; |
| 4. | Matters prescribed by Presidential Decree for residential stability, such as jeonse deposit return guarantee and others; |
| 5. | Creation of conditions for the provision of financial services at a level equivalent to that for Korean nationals; |
| 6. | Support in administrative services for overseas talent and improvement of various civil petition administrative systems; |
| 7. | Airfare and initial settlement expenses necessary for the entry of overseas talent; |
| 8. | Other matters deemed necessary for the stable settlement of overseas talent in Korea. |
| (2) | Local governments may implement the following projects to ensure the stable settlement of overseas talent, and the State may provide support therefor: |
| 1. | Payment of various subsidies, such as subsidies for education and training linked to employment in the region; |
| 2. | Subsidization of construction and operation expenses for residential and living facilities in the region; |
| 3. | Other projects for improving local settlement conditions for overseas talent. |
| (3) | The Government shall devise necessary measures through cooperation so that the support under paragraphs (1) and (2) can be swiftly provided, and shall promptly improve the relevant statutes or regulations if it is necessary to amend applicable statutes or regulations. |
| (4) | The Committee may implement and inspect relevant tasks for legal and institutional improvement to promptly and systematically provide support to overseas talent in terms of settlement conditions under paragraphs (1) through (3). |
| Article 29 (Establishment of Overseas Talent Attraction Center) |
| (1) | In order to comprehensively provide support in terms of publicity, guidance, survey, and research related to the attraction of overseas talent, handling of civil petitions and vicarious execution, etc., a Center for Attraction of Overseas Talent (hereinafter referred to as "Overseas Talent Attraction Center") shall be established in the Korea Trade-Investment Promotion Agency established under the Korea Trade-Investment Promotion Agency Act. |
| (2) | The State and local governments may second public officials or executive officers and employees of relevant institutions to the Overseas Talent Attraction Center or may establish a branch office, if necessary to perform business affairs related to the attraction of overseas talent. |
| (3) | The head of a relevant administrative agency or a relevant institution who has seconded public officials, executive officers or employees pursuant to paragraph (2) may give preferential treatment to them in terms of promotion, transfer, rewards, welfare, etc. |
| Article 30 (Special cases concerning entry and stay of outstanding overseas talent) |
| (1) | Notwithstanding Articles 8, 10, 10-2 and 10-3 of the Immigration Act, the Minister of Justice may determine different criteria and procedures for issuing visas to foreigners engaged in high-tech industries and maximum period of sojourn for each status of sojourn that may be granted at one time, in consultation with the heads of the relevant central administrative agencies. |
| (2) | The Minister of Justice may implement necessary policies, such as easing immigration procedures, in order to attract outstanding overseas talent related to high-tech industries. |
| Article 31 (Financial support) |
| (1) | The Government may provide the following support to business entities and professional trainers with outstanding performance in promoting high-tech industry talent innovation: |
| 2. | Provision of economic incentives or subsidies. |
| (2) | Matters necessary for the standards for selecting business entities and professional trainees eligible for support under paragraph (1), procedures for providing support, etc. shall be prescribed by Presidential Decree. |
| Article 32 (Legal fiction of application for regulatory improvement) |
| (1) | Where regulations related to high-tech industry talent innovation serve as a stumbling block, a high-tech industry-related business entity may file an application for necessary regulatory improvement with the Minister of Trade, Industry and Energy. |
| Article 33 (Selection and preferential treatment of outstanding enterprises and talent) |
| (1) | The Minister of Trade, Industry and Energy may select outstanding enterprises and outstanding talent that have contributed to high-tech industry talent innovation and provide support prescribed by Presidential Decree, such as awarding a prize to outstanding enterprises and paying incentives to outstanding talent. |
| (2) | Other criteria and procedures for the selection of outstanding enterprises and talent shall be prescribed by Presidential Decree. |
CHAPTER V SUPPLEMENTARY PROVISIONS
The Minister of Trade, Industry and Energy shall hold a hearing when intending to make the following dispositions:
| 1. | Revocation of the designation of an enterprise talent development institution, etc. under Article 6; |
| 2. | Revocation of the designation of a high-tech industry academy under Article 7 (5); |
| 3. | Revocation of the registration of an enterprise specializing in talent innovation under Article 8 (3). |
| Article 35 (Delegation and entrustment of authority and duties) |
| (1) | Part of the authority of the Minister of Trade, Industry and Energy under this Act may be delegated to the heads of the institutions under his or her control, as prescribed by Presidential Decree. |
| (2) | Part of the duties of the Minister of Trade, Industry and Energy under this Act may be entrusted to a relevant institution or organization, as prescribed by Presidential Decree. |
| Article 36 (Legal fiction as public official in application of penalty provisions) |
| 1. | A person who is not a public official, among persons working for the Talent Innovation Center or the Overseas Talent Attraction Center; |
| 2. | Executive officers and employees of institutions or organizations engaged in the duties entrusted under Article 35. |
CHAPTER VI PENALTY PROVISIONS
| Article 37 (Penalty provisions) |
A person who uses or divulges data or information he or she has learned in the course of performing his or her duties for any purpose other than the intended purpose, in violation of Article 19 (3), shall be punished by imprisonment with labor for not more than 3 years or by a fine not exceeding 30 million won.
| Article 38 (Administrative fines) |
| (1) | Any of the following persons shall be subject to an administrative fine not exceeding 5 million won: |
| 2. | A person who has been designated as an enterprise talent development institution, etc. by fraud or other improper means; |
| 3. | A person who has been designated as a high-tech industry academy by fraud or other improper means; |
| 4. | A person who has been registered as an enterprise specializing in talent innovation by fraud or other improper means; |
| 5. | A person who has been registered as a professional trainer by fraud or other improper means; |
| 6. | A person who has received support under Article 16 (1) through (3) by fraud or other improper means. |
| (2) | The administrative fines under paragraph (1) shall be imposed and collected by the Minister of Trade, Industry and Energy, as prescribed by Presidential Decree. |
ADDENDA <Act No. 20033, Jan. 16, 2024>
Article 1 (Enforcement date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 (Effective period)
Article 4 shall be effective for 2 years from the date this Act enters into force.