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NATIONAL LIFELONG VOCATIONAL SKILLS DEVELOPMENT ACT — 법갈피

영문법령 / NATIONAL LIFELONG VOCATIONAL SKILLS DEVELOPMENT ACT

NATIONAL LIFELONG VOCATIONAL SKILLS DEVELOPMENT ACT

법률일부개정시행 2023-07-04고용노동부 · 제19174호 · 공포 2023-01-03

CHAPTER I GENERAL PROVISIONS

Article 1(Purpose) #

The purpose of this Act is to create jobs and promote and stabilize the employment of every citizen and enhance their social and economic status by facilitating and supporting their vocational skills development throughout their lifetime, nurturing workforce necessary for industrial sites, and performing business related to industrial and educational cooperation, with the aim of improving the productivity of enterprises and realizing a meritocracy, contributing a social and economic development. <Amended on May 31, 2010; Jan. 27, 2016; May 26, 2020; Aug. 17, 2021>

Article 2(Definitions) #

The terms used in this Act are defined as follows: <Amended on May 31, 2010; Jun. 4, 2010; Feb. 1, 2012; May 20, 2014; Aug. 17, 2021>

1. The term "vocational skills development training" means training conducted to help all citizens acquire and enhance their capacity to perform works (including intelligent informatization and comprehensive vocational basic skills and job basic competency) required for jobs throughout their lifetime;

2. The term "vocational skills development project" means any project involving vocational skills development training, job and career counseling and support for career development, development of courses and media for vocational skill development, survey and research on vocational skills development training, and other activities;

3. The term "vocational skills development training establishment" means any of the following establishments:

(a) Public occupational training establishments: Establishments formed by the State, local governments, or public organizations prescribed by Presidential Decree (hereinafter referred to as "public organizations") to conduct vocational skills development training after consulting with the Minister of Employment and Labor or obtaining approval therefor from the Minister of Employment and Labor under Article 27;

(b) Designated occupational training establishments: Establishments, such as occupational training institutes, technical colleges, etc. founded and established to conduct vocational skills development training and designated by the Minister of Employment and Labor under Article 28;

4. The term "employee" means any person employed by a business owner and any person who intends to seek employment;

Article 3(Basic Principles of Vocational Skills Development Training) #

(1) Vocational skills development training shall be conducted in a systematic manner throughout lifetime of every citizen according to hope, aptitude, and abilities of each individual. <Amended on Aug. 17, 2021>

(2) Vocational skills development training shall be conducted in such a manner that the autonomy and creativity in the private sector are respected based on labor-management participation and cooperation.

(3) Vocational skills development training shall be conducted in a manner that does not discriminate citizens on the grounds of gender, age, physical conditions, forms of employment, religion, social status, etc. and that ensures equal opportunities to all citizens. <Amended on Aug. 17, 2021>

(4) A vocational skill development training provided to any of the following persons shall be prioritized: <Amended on Sep. 15, 2011; Apr. 30, 2019; Jan. 5, 2021; Jan. 3, 2023>

1. Senior citizens and persons with disabilities;

2. Persons eligible for assistance under the National Basic Living Security Act;

3. Persons who have rendered distinguished service to the State, their bereaved family members, or their family members under the Act on the Honorable Treatment and Support of Persons of Distinguished Service to the State, or persons eligible for veteran's compensation, their bereaved family members, or their family members under the Act on Support for Persons Eligible for Veteran’s Compensation;

4. Persons who have rendered distinguished service to the 5ㆍ18 Democratization Movement, their bereaved family members, or their family members under the Act on the Honorable Treatment of Persons of Distinguished Service to the May 18 Democratization Movement and Establishment of Related Organizations;

5. Discharged soldiers or other persons scheduled to be discharged from military service under the Support for Discharged Soldiers Act;

6. Female employees;

7. Employees of a small and medium enterprise as defined in the Framework Act on Small and Medium Enterprises (hereinafter referred to as "small and medium enterprise");

8. Deleted; <Jan. 27, 2016>

9. Daily hire employees, part-time employees, employees who have signed an employment contract for a specified period, and employees hired to work on temporary projects;

10. Temporary agency workers provided for in the Act on the Protection of Temporary Agency Workers;

11. Out-of-school youth under the Act on the Support for Out-of-School Youth.

(5) Vocational skills development training shall be closely interrelated with school education provided under education-related Acts and industrial sites.

(6) Vocational skills development training shall reflect demands in the regions and industrial sites to enhance job competency and increase the chance of employment of citizens. <Newly Inserted on Jan. 27, 2016; Aug. 17, 2021>

(7) Vocational skills development training shall provide assistance with basic job competency related to job performance, such as intelligent informatization and comprehensive vocational basic skills and job basic competency, as well as support for job competency required for jobs. <Newly Inserted on Aug. 17, 2021>

(8) Vocational skills development training shall be conducted in a way to be closely linked to job placement, vocational guidance, career development, etc. under Article 6 of the Framework Act on Employment Policy. <Newly Inserted on Aug. 17, 2021>

[This Article Wholly Amended on Dec. 31, 2008]

Article 4(Responsibilities of the State and Business Owners) #

(1) The State and local governments shall formulate policy measures necessary to facilitate and support vocational skills development business conducted by business owners and their organizations, employees' organizations, etc. and vocational skills development training courses, etc. voluntarily taken by citizens, with the aim of developing citizens' vocational skills throughout their lifetime. In such cases, the State may provide support necessary for implementing policy measures formulated by local governments. <Amended on May 31, 2010; Aug. 17, 2021>

(2) Business owners shall conduct vocational skills development training for their employees, encourage many employees to participate in vocational skills development training, and endeavor to establish an environment conducive to vocational skills development training by providing employees with leave for vocational skills development and appoint persons in charge of human resource development (referring to persons in charge of planning, operating, and evaluating vocational skills development projects in vocational skills development training establishments, enterprises, etc.; hereinafter the same shall apply).

(3) Citizens shall endeavor to develop their vocational skills throughout their lifetime according to their aptitudes and abilities, and cooperate on vocational skills development business implemented by the State, local governments, business owners, etc. <Amended on Aug. 17, 2021>

(4) Business owners' associations, employees' organizations, regional human resources development committees established under Article 22-2, a consultative body on human resources development for each industry under Article 12 (2) of the Industrial Development Act (hereinafter referred to as "consultative body on human resources development for each industry"), etc. shall make necessary efforts, such as a survey on demand for training for vocational skills development by region and industry category, etc. so that training in vocational skills development satisfies the demand at industrial sites. <Newly Inserted on May 31, 2010; Jan. 27, 2016>

(5) A person who conducts vocational skills development training shall endeavor to help citizens receive vocational skills development training according to their aptitudes and abilities by giving counseling services on vocational skills development training, offering guidance for landing a job, preparing selection criteria, etc. <Amended on May 31, 2010; Aug. 17, 2021>

[This Article Wholly Amended on Dec. 31, 2008]

Article 5(Formulation of Master Plans for Vocational Skills Development) #

(1) The Minister of Employment and Labor shall formulate and implement a master plan for promoting citizens' lifelong vocational skills development (hereinafter referred to as "master plan for vocational skills development") every five years, in consultation with the head of a relevant central administrative agency and following deliberation by the Employment Policy Deliberative Council under Article 10 (1) of the Framework Act on Employment Policy. <Amended on May 31, 2010; Jun. 4, 2010; Aug. 17, 2021>

(2) A master plan for vocational skills development shall include the following matters: <Amended on May 31, 2010; Jan. 27, 2016; May 26, 2020; Aug. 17, 2021>

1. A basic direction-setting for policies for citizens' lifelong vocational skills development;

2. Evaluation of the immediately preceding master plan for vocational skills development;

3. Matters concerning the supply of and demand for vocational skills development training that reflect trends and prospects of human resources supply and demand under Article 16 of the Framework Act on Employment Policy;

4. Matters concerning support for vocational skills development training conducted voluntarily by citizens;

5. Matters concerning support for vocational skills development projects that a business owner conducts for employees;

6. Matters concerning support for vocational skills development projects by employees' organizations, business owners' associations, a consultative body on human resources development for each industry, etc.;

7. Matters concerning education of workforce necessary for continuous development of national economy in consideration of trends in industrial development and the current status of workforce supply and demand in job market;

8. Matters concerning creating an environment conducive to vocational skills development training, such as establishing standards for vocational skills development training under Article 8, fostering and supporting vocational skills development teachers and the person in charge of workforce development, developing and disseminating media and methods of vocational skills development training, etc.;

9. Matters concerning connecting vocational skills development training with its qualifications;

10. Matters concerning evaluation of vocational skills development projects;

11. Matters deemed necessary to conduct vocational skills development projects in order to create jobs, and boost and stabilize the employment of citizens.

(3) Where the Minister of Employment and Labor intends to develop a master plan for vocational skills development, he or she shall hear the opinions of relevant organizations, associations, etc., such as business owners' associations and employees' organizations, and may, if deemed necessary, request the heads of administrative agencies concerned, local governments, and public organizations (hereinafter referred to as "heads of relevant administrative agencies, etc.") to submit materials. <Amended on May 31, 2010; Jun. 4, 2010>

(4) When the Minister of Employment and Labor formulates a master plan for vocational skills development, he or she shall report thereon to the competent Standing Committee of the National Assembly without delay. <Newly Inserted on Jan. 27, 2016>

[This Article Wholly Amended on Dec. 31, 2008]

Article 16(Entrustment of Vocational Skills Development Training) #

(1) The State or local governments which intend to conduct vocational skills development training under Articles 12 and 15 may conduct such training by concluding an entrustment contract with any person prescribed by Presidential Decree. <Amended on May 31, 2010>

(2) Anyone who has entrusted vocational skills development training under paragraph (1) may, if the person entrusted with such training falls under any of the following subparagraphs, request correction thereof or terminate the relevant entrustment contract: Provided, That where the person entrusted with such training falls under subparagraph 1 or 2, the relevant entrustment contract shall be terminated: <Amended on May 31, 2010; Aug. 17, 2021; Jan. 11, 2022>

1. Where he or she is entrusted with the training by fraud or other improper means;

2. Where he or she receives or intends to obtain training fees by fraud or other improper means;

3. Where he or she conducts vocational skills development training in violation of an entrustment contract;

4. Where he or she fails to comply with a request for correction;

5. Where he or she fails to take measures under Article 10-2;

6. Where he or she fails to comply with an order to file a report and to submit materials under Article 58, or complies with such order by fraud;

7. Where he or she refuses, obstructs, or evades the inspection of relevant documents by the access of a relevant public official under Article 58 or gives a false answer to questions.

(3) With respect to anyone whose entrustment contract is terminated under paragraph (2) (excluding where training fees are less than the amount prescribed by Presidential Decree from among persons whose entrustment contracts are terminated due to a reason falling under paragraph (2) 2), the State or local governments need not entrust vocational skills development training under paragraph (1) nor recognize vocational skills development training course under Articles 19 and 24 for up to five years from the date of termination. <Amended on May 31, 2010>

(4) Deleted. <May 31, 2010>

(5) Deleted. <May 31, 2010>

(6) Deleted. <May 31, 2010>

(7) Details of entrustment contracts, standards of entrustment, requests for correction, termination of entrustment contracts, and other matters necessary to implement entrusted matters under paragraphs (1) through (3) shall be prescribed by Presidential Decree. <Amended on May 31, 2010>

[This Article Wholly Amended on Dec. 31, 2008]

Article 19(Recognition of, or Revocation of Recognition of Vocational Skills Development Training Courses and Training Courses Fit for Account) #

(1) A person who intends to conduct vocational skills development training that can be subsidized or loaned for training expenses under Article 17 (1) 1 and who intends to operate a training course fit for the account shall obtain recognition for the vocational skills development training course (including the training course fit for the account; hereafter the same shall apply in this Article) from the Minister of Employment and Labor. <Amended on Feb. 1, 2012; Aug. 17, 2021>

(2) Where a person who has obtained recognition for the vocational skills development training course under paragraph (1) falls under any of the following cases, the Minister of Employment and Labor may issue a corrective order or revoke recognition for such training course: Provided, That where he or she falls under subparagraphs 1 through 4, the recognition shall be revoked: <Amended on Feb. 1, 2012; Aug. 17, 2021; Jan. 11, 2022>

1. Where he or she obtains recognition under paragraph (1) by fraud or other improper means;

2. Where he or she obtains or intends to obtain subsidies or loans to cover training costs by fraud or other improper means;

3. Where he or she collects or intends to collect costs from employees taking vocational skills development training courses by fraud or other improper means;

4. Where he or she has employees taking vocational skills development training courses obtain subsidies or loans to cover training costs by fraud or other improper means;

5. Where he or she conducts vocational skills development training in violation of the details of recognition granted under paragraph (1);

6. Where he or she has failed to comply with a corrective order;

7. Where he or she fails to take measures under Article 10-2;

8. Where he or she fails to comply with an order to file a report and to submit materials under Article 58, or complies with such order by fraud;

9. Where he or she refuses, obstructs, or evades an inspection of relevant documents by access of relevant public officials under Article 58 or gives a false answer to questions.

(3) The Minister of Employment and Labor may elect to neither entrust vocational skills development training under Article 16 (1) to anyone for whom the recognition is revoked under paragraph (2) (excluding where costs that he or she has spent are less than the amount prescribed by Presidential Decree, among persons who fall under paragraph (2) 2 through 4 and thus their recognition is revoked) nor recognize thereof under paragraph (1) and Article 24 for up to five years from the date of revocation.

(4) The scope of, requirements for, details and period of validity of the recognition for vocational skills development training courses under paragraph (1), and other necessary matters shall be prescribed by Presidential Decree.

(5) Detailed standards for corrective orders and revocation of recognition under paragraphs (2) and (3), the specific period for which recognition is restricted on the grounds of revocation of recognition, and other necessary matters shall be prescribed by Ordinance of the Ministry of Employment and Labor. <Amended on Feb. 1, 2012>

[This Article Newly Inserted on May 31, 2010]

[Previous Article 19 moved to Article 11-4 <May 31, 2010>]

Article 20(Support to Vocational Skills Development for Business Owners, Organizations of Business Owners) #

(1) The Minister of Employment and Labor may provide subsidies or loans to business owners, business owners' association, employees' organizations, or its alliances that conduct any of the following vocational skills development projects (hereinafter referred to as "business owners' association, etc.") to cover expenses incurred in connection with the projects: <Amended on May 31, 2010; Jun. 4, 2010>

1. Vocational skills development training for employees (including where business owners' association, etc. conduct the training by entrusting it to another entity);

2. Qualification examination projects for employees;

3. Vocational skills development projects conducted jointly with enterprises under Article 19 (2) of the Employment Insurance Act (hereinafter referred to as "enterprises eligible for preferential support") or small and medium enterprises for employees, etc. who work for enterprises eligible for preferential support or small and medium enterprises;

4. Projects for establishing and repairing facilities (including dormitories), equipment, machinery, and materials necessary for vocational skills development training;

5. Projects for investigating and studying vocational skills development, the course providing vocational skills development training, developing and supplying media, etc.;

6. Deleted; <May 31, 2010>

7. Other projects prescribed by Presidential Decree.

(2) Where the Minister of Employment and Labor provides subsides or loans under paragraph (1), he or she may preferentially treat any business owner or business owners' association, etc. conducting any of the following vocational skills development projects: <Amended on May 31, 2010; Jun. 4, 2010; Jan. 20, 2015; Jan. 3, 2023>

1. Vocational skills development training conducted for employees other than their own employees;

2. Vocational skills development training for occupational categories of governmental organizations and strategic industries;

3. Vocational skills development training conducted according to the master plan for the education, training, and ability development of employees decided by the labor-management council under Article 21 of the Act on the Promotion of Employees' Participation and Cooperation (referring to vocational skills development training conducted according to a training plan established in consultation with a labor union or a representative of a majority of employees if a labor-management council does not exist);

4. Vocational skills development training conducted by granting paid leave (excluding annual paid leaves under the Labor Standards Act);

5. Vocational skills development projects falling under paragraph (1) 3;

6. Vocational skills development projects conducted by business owners of enterprises meeting the standards determined by Presidential Decree;

7. Vocational skills development training to be conducted for the aged as defined in subparagraph 1 of Article 2, or the middle-aged as defined in subparagraph 2 of that Article (limited to where they intend to change jobs), of the Act on Prohibition of Age Discrimination in Employment and Elderly Employment Promotion.

(3) Necessary matters concerning requirements, details, procedures, levels of subsidies or loans, and preferential support under paragraphs (1) and (2) shall be prescribed by Presidential Decree.

[This Article Wholly Amended on Dec. 31, 2008]

[Title Amended on May 31, 2010]

Article 24(Recognition or Revocation of Recognition of Vocational Skills Development Training Courses) #

(1) Anyone who intends to conduct vocational skills development training under Articles 20 and 23 (including any person who conducts vocational skills development training after being entrusted therewith) shall obtain recognition for the relevant vocational skills development training courses from the Minister of Employment and Labor. <Amended on May 31, 2010; Jun. 4, 2010>

(2) If anyone who has obtained recognition for vocational skills development training course under paragraph (1) falls under any of the following cases, the Minister of Employment and Labor may issue a corrective order or revoke the recognition for the relevant training course: Provided, That where he or she falls under subparagraphs 1 through 4 and 4-2, the recognition shall be revoked: <Amended on May 31, 2010; Feb. 1, 2012; Mar. 31, 2020; Aug. 17, 2021; Jan. 11, 2022>

1. Where he or she has obtained recognition under paragraph (1) by fraud or other improper means;

2. Where he or she has obtained or intends to obtain subsidies or loans by fraud or other improper means;

3. Where he or she has collected or intends to collect costs from a business owner, business owners' association, etc. who has entrusted vocational skills development training, by fraud or other improper means;

4. Where a business owner or business owners' association, etc. who has entrusted vocational skills development training has him or her obtain subsidies or loans for training costs by fraud or other improper means;

4-2. Where he or she has offered any economic benefits, etc., in violation of Article 21 (1);

5. Where he or she has conducted vocational skills development training in violation of the details of recognition granted under paragraph (1);

6. Where he or she has failed to comply with a corrective order;

7. Where he or she has failed to take measures under Article 10-2;

8. Where he or she has failed to comply with an order to report and to submit materials under Article 58, or has complied with such order by fraud;

9. Where a public official refuses, obstructs, or evades the inspection of relevant documents by access of relevant public officials under Article 58 or gives a false answer to questions.

(3) The Minister of Employment and Labor may elect to neither entrust the vocational skills development training under Article 16 (1) to anyone for whom the recognition is revoked under paragraph (2) (excluding where costs that he or she has spent are less than the amount prescribed by Presidential Decree among persons who fall under paragraph (2) 2 through 4 and thus the recognition is revoked) nor grant recognition under paragraph (1) and Article 19 for up to five years from the date of revocation. <Newly Inserted on May 31, 2010>

(4) The scope of, requirements for, details and period of validity of the recognition for vocational skills development training courses under paragraphs (1), and other necessary matters shall be prescribed by Presidential Decree. <Newly Inserted on May 31, 2010>

[This Article Wholly Amended on Dec. 31, 2008]

[Title Amended on May 31, 2010]

Article 25(Collection and Provision of Individual Job Competency Data) #

(1) Where a citizen files an application for data on job competency (hereafter in this Chapter referred to as "job competency data"), including knowledge, technology, and aptitude required for performing the relevant job (hereafter referred to as "job competency") to use the data for developing vocational skills and seeking jobs and for similar purposes, the Minister of Employment and Labor may collect, manage, and provide individual job competency data specified in the subparagraphs of paragraph (3).

(2) The Minister of Employment and Labor shall manage individual job competency data in accordance with the National Competency Standards prescribed in Article 5 of the Framework Act on Qualifications and other similar standards.

(3) The Minister of Employment and Labor may establish and operate an information system on job competency data, containing the following information, to collect, manage, or provide individual job competency data in a systematic and comprehensive manner:

1. Information on the acquisition of qualifications under the National Technical Qualifications Act, the Act on Work-Study Combination at Industrial Sites, and any other statutes and regulations;

2. Information on vocational education and training under the Vocational Education and Training Promotion Act;

3. Other information prescribed by Presidential Decree, which are necessary for providing individual job competency data in a systematic and comprehensive manner.

(4) The Minister of Employment and Labor may request a person who conducts a vocational skills development project, the head of a relevant administrative agency and others, and the head of a relevant institution or organization to provide data or to allow the use of the relevant computer networks, to perform the duties referred to in paragraphs (1) and (3).

(5) A person who receives a request for data or use of the relevant computer networks under paragraph (4) shall comply with such request, unless there is good cause.

(6) Matters necessary for the collection, management, and provision of individual job competency data and the establishment and operation of a job competency data system under paragraphs (1) and (3) shall be prescribed by Presidential Decree.

[This Article Newly Inserted on Jan. 3, 2023]

Article 28(Designated Occupational Training Establishments) #

(1) Anyone who intends to set up and operate any designated occupational training establishment shall obtain designation from the Minister of Employment and Labor by satisfying each of the following requirements: Provided, That where any business owner or any business owners' association, etc. that operates an exclusive institution for vocational skills development training of his, her, or its employees, etc. intends to obtain designation, the requirements referred to in subparagraphs 2 and 3 need not be satisfied, and where any person who intends to conduct vocational skills development training after being entrusted therewith, intends to obtain designation, the requirement in subparagraph 3 need not be satisfied, respectively: <Amended on Jun. 4, 2010; Jan. 27, 2016>

1. He or she shall have adequate human resources, facilities, equipment, etc. to properly operate the relevant training establishment;

2. He or she shall have career experience in educational training that allows him or her to manage the relevant training establishment appropriately;

3. He or she shall hire at least one vocational skills development teacher related to the occupational category targeted by the training under Article 33, for each occupational category in question: Provided, That the same shall not apply to where vocational skills development teachers related to the occupational category targeted by the training have not been determined yet;

4. He or she shall meet the requirements prescribed by Presidential Decree as necessary to manage a vocational skills development training establishment.

(2) Where anyone intends to change matters prescribed by Presidential Decree from among the details designated under paragraph (1), he or she shall obtain designation for changes from the Minister of Employment and Labor. <Amended on Jun. 4, 2010>

(3) Where anyone who has obtained designation under paragraph (1) has failed to conduct vocational skills development training at the relevant institution for at least three months or to close the institution or intends to change the details of the requirements for designation under subparagraphs of paragraph (1) (excluding the details subject to the designation for change where he or she intends to change under paragraph (2)), he or she shall report to the Minister of Employment and Labor. <Amended on Jun. 4, 2010; Mar. 31, 2020>

(4) Necessary matters concerning details of designation, detailed standards, procedures, etc. of designation, designation for changes and reporting under paragraphs (1) through (3) shall be prescribed by Presidential Decree.

[This Article Wholly Amended on Dec. 31, 2008]

Article 29(Grounds for Disqualification) #

A person who intends to be designated as a designated occupational training establishment under Article 28 shall not be qualified for designation under Article 28 if he or she falls under any of the following: <Amended by May 31, 2010; Jan. 20, 2015; Jan. 27, 2016; Jan. 3, 2023>

1. A person under adult guardianship or under limited guardianship, or minor;

2. A person declared bankrupt and not yet reinstated;

3. A person for whom two years have not yet elapsed since his or her imprisonment without labor or heavier punishment declared by a court is completely executed (including where the execution is deemed completed) or exempted;

4. A person who is under suspension of the execution of his or her imprisonment without labor or heavier punishment declared by a court;

5. A person whose qualification is suspended or who is disqualified, by a court ruling;

6. A person for whom one year has not yet lapsed from the date the designation of the occupational training establishment was revoked under Article 31 (1) 1 or 4 through 8 or a person under suspension of the disposition to suspend vocational skills development training;

7. A person who has been subjected to a disposition to revoke the authorization for establishing a lifelong educational establishment or the registration thereof under Article 42 (1) 1, 3 or 5 of the Lifelong Education Act and for whom one year has not yet lapsed since the date on which such authorization or such registration was revoked or a person under suspension of the disposition to suspend operating lifelong educational courses;

8. A person who has been subject to a disposition to delete the registration of a private teaching institute or to close a teaching school under Article 17 of the Act on the Establishment and Operation of Private Teaching Institutes and Extracurricular Lessons and for whom one year has not yet lapsed since the date on which such disposition was taken or a person under suspension of the disposition to suspend operating a private teaching institute or teaching school;

9. A person who is subject to restrictions on entrustment under Article 16 (3), or restrictions on recognition under Article 19 (3) and 24 (3);

10. A corporation, an executive officer of which falls under any of subparagraphs 1 through 9.

[This Article Wholly Amended on Dec. 31, 2008]

Article 32(Establishment of Corporations for Vocational Skills Development Training) #

(1) The Minister of Employment and Labor may grant permission to establish a non-profit corporation (hereinafter referred to as "vocational skills development training corporation") which intends to implement vocational skills development projects falling under any of the following subparagraphs: <Amended on Jun. 4, 2010>

1. Vocational skills development training;

2. Survey and research projects to develop employees' vocational skills;

3. Projects to develop and disseminate vocational skills development training media, courses, etc.

(2) Where any corporation for vocational skills development training under paragraph (1) falls under any of the following subparagraphs, the Minister of Employment and Labor may issue a corrective order or revoke permission to establish the relevant corporation: Provided, That where it falls under any of subparagraphs 1 through 3, permission therefor shall be revoked: <Amended on May 31, 2010; Jun. 4, 2010>

1. Where it has obtained permission for establishment by fraud or other improper means;

2. Where it has violated terms and conditions of permission for establishment;

3. Where it is impossible to achieve its objectives;

4. Where it has implemented projects other than the intended projects;

5. Where it has been subject to restrictions on entrustment under Article 16 (3) and on recognition under Article 19 (3) and 24 (3) or its designation as a designated occupational training establishment is revoked under Article 31 (1);

6. Where it has violated this Act or any order issued under this Act or the articles of association;

7. Where it has failed to commence an intended project without good cause within six months from the date its permission for establishment is granted or has filed to perform a project for at least one year.

(3) Where any corporation for vocational skills development training falls under any of the following subparagraphs while performing any profit-making project, the Minister of Employment and Labor may order the relevant corporation for vocational skills development training to correct or suspend such profit-making project: <Amended on Jun. 4, 2010>

1. Where it has used earnings for projects other than the intended project;

2. Where the continuation of the relevant project is recognized as a violation of the objectives of the corporation for vocational skills development training.

(4) Necessary matters to be provided in the articles of association of the corporation for vocational skills development training and requirements, standards, etc. for permission, shall be prescribed by Presidential Decree.

(5) The provisions governing incorporated foundations under the Civil Act shall apply mutatis mutandis to matters not provided for in this Act concerning corporations for vocational skills development training.

[This Article Wholly Amended on Dec. 31, 2008]

Article 32-2(Special Cases concerning Dissolution of Corporations for Vocational Skills Development Training) #

(1) Where any corporation for vocational skills development training intends to convert itself into a designated occupational training establishment for the purpose of making profits, it may dissolve itself by obtaining permission from the Minister of Employment and Labor, notwithstanding Article 77 of the Civil Act. <Amended on Jun. 4, 2010>

(2) Any corporation for vocational skills development training which intends to obtain permission from the Minister of Employment and Labor under paragraph (1) shall submit to the Minister of Employment and Labor, an application for permission for dissolution, along with a plan for disposal of residual assets. <Amended on Jun. 4, 2010>

(3) Dissolution under paragraph (1) and a plan for disposal of residual assets under paragraph (2) shall require consent of no less than 2/3 of its directors.

(4) Any corporation for vocational skills development training to be dissolved under paragraph (1) may, notwithstanding Article 80 of the Civil Act, revert all or part of the residual assets to any person determined by the plan for disposal of residual assets. In such cases, a person to whom the residual assets have been reverted shall not dispose of or change the said assets for any purpose other than for vocational skills development training for 10 years from the date the assets are reverted.

(5) The Minister of Employment and Labor may collect an amount not exceeding that equivalent to the assets disposed of or changed or order to restore it to the original state from or to anyone who violates the latter part of paragraph (4), as prescribed by Presidential Decree. <Amended on Jun. 4, 2010>

(6) Deleted. <Jan. 27, 2016>

(7) Article 56 (5) shall apply mutatis mutandis to anyone who fails to pay the amount of collection by the deadline after being ordered to do so under paragraph (5). <Amended on May 31, 2010; Mar. 31, 2020>

(8) Matters necessary for the management, etc. of assets reverted under paragraph (4) shall be determined by Ordinance of the Ministry of Employment and Labor. <Amended on Jun. 4, 2010; Jan. 27, 2016>

[This Article Wholly Amended on Dec. 31, 2008]

Article 36(Nurturing Vocational Skills Development Teachers) #

(1) The State, local governments, public organizations, or corporations, or organizations announced by the Minister of Employment and Labor may establish and operate courses to train vocational skills development teachers. In such cases, if anyone, other than the State and local governments, intends to establish and operate such training courses, he or she shall obtain approval therefor from the Minister of Employment and Labor. <Amended on Jun. 4, 2010; Jan. 27, 2016>

(2) Anyone who intends to obtain approval under paragraph (1) shall meet each of the following requirements: <Amended on Jan. 27, 2016>

1. He or she shall have adequate human resources, facilities, and equipment to properly operate courses for training vocational skills development teachers;

2. Any person who intends to obtain the relevant approval shall possess educational training experience sufficient to properly operate training courses;

3. He or she shall not fall under grounds for disqualification pursuant to each subparagraph of Article 29;

4. He or she shall meet other requirements prescribed by Presidential Decree as necessary to nurture vocational skills development teachers.

(3) Where anyone who has obtained approval under paragraph (1) falls under any of the following subparagraphs, the Minister of Employment and Labor may issue a corrective order or revoke approval therefor: Provided, That if he or she falls under subparagraph 1 or 2, the approval shall be revoked: <Amended on Jun. 4, 2010>

1. Where he or she has obtained approval by fraud or other improper means;

2. Where he or she falls under any subparagraph of Article 29: Provided, That this shall not apply to cases falling within subparagraph 10 of Article 29, especially if he or she has replaced the relevant executive officer within three months;

3. Where he or she has failed to meet the requirements for approval under paragraph (2);

4. Where he or she has failed to conduct the training for nurturing vocational skills development teachers for at least one year without good cause;

5. Where he or she has failed to comply with corrective orders;

6. Where he or she has violated this Act or any order issued under this Act.

(4) Necessary matters concerning kinds of training courses and procedures for approval provided for in paragraph (1); detailed standards for approval requirements under paragraph (2) 1 and 2; detailed standards for corrective orders and the revocation of approval, etc. issued under paragraph (3); and other relevant matters shall be prescribed by Ordinance of the Ministry of Employment and Labor. <Amended on Jun. 4, 2010; Jan. 27, 2016>

[This Article Wholly Amended on Dec. 31, 2008]

Article 40(Classification of Courses) #

(1) The education and training courses in a polytechnic college shall be classified as follows: <Amended on Feb. 1, 2012>

1. Courses for multi-functional technicians: Education and training courses to nurture workforce with skills and knowledge required by at least two types of occupational categories so that they can contribute to increasing productivity and solving technical problems throughout the entire process from development to manufacture of products;

1-2. Advanced major courses with a degree: Advanced major courses that facilitate and support the continuing education of persons who have graduated from polytechnic colleges or junior colleges and to confer a bachelor's degree upon them;

2. Occupational training courses;

(a) Courses for master mechanic: Occupational training courses to educate middle managers of production sites so that they can have the highest level of skills in the area of their expertise and knowledge about production management techniques, and perform duties such as managing tasks and guiding and supervising technicians under their control;

(b) Courses of vocational skills development training;

(c) Education and training courses, other than the courses for multi-functional technician and the advanced major courses with a degree.

(2) The head of a polytechnic college (hereinafter referred to as "dean of a college") shall endeavor to maintain balance between the courses for multi-functional technician and occupational training courses.

(3) A polytechnic college may perform the following projects, other than the education and training courses referred to in paragraph (1): <Amended on Feb. 1, 2012>

1. Vocational skills development projects (excluding vocational skills development training);

2. Industry-academia cooperation projects, such as providing technical guidance to small and medium enterprises and operating the business incubators;

3. Projects entrusted by the Minister of Employment and Labor, the head of a central administrative agency, the head of a local government, a business owner, etc.;

4. Vocational counseling for, and projects promoting employment of, trainees;

5. Other projects that contribute to the regional development, such as lifelong ability development for regional residents.

(4) Matters concerning the establishment and operation of the courses for multi-functional technician, the advanced major courses with a degree, and the occupational training courses shall be prescribed by Presidential Decree. <Amended on Feb. 1, 2012>

[This Article Newly Inserted on May 31, 2010]

[Previous Article 40 moved to Article 58 <May 31, 2010>]

Article 41(Recognition of Credits and Conferment of Degrees) #

(1) The dean of a college may, within the scope of Presidential Decree, recognize any of the following credits as those obtained from a polytechnic college in accordance with school regulations: <Amended on Jan. 27, 2016>

1. Credit obtained from any college, local or overseas, equivalent to or higher than a school defined in any subparagraph of Article 2 of the Higher Education Act;

2. Credit recognized under Article 7 of the Act on Recognition of Credits, etc.;

3. Credit obtained from any lifelong education organization under Article 2 (2) of the Lifelong Education Act;

4. Credit obtained by a person who takes leave from school temporarily for enlistment in active duty service or other military service pursuant to Article 73 (2) of the Military Service Act by attending a remote education class.

(2) The dean of a college may recognize credit for a person falling under any of the following subparagraphs, as prescribed by Presidential Decree: <Amended on May 31, 2010; Jan. 27, 2016>

1. A person who has been selected as a master crafts-person of Korea under Article 11 of the Act on Encouragement of Skilled Crafts;

2. A person who has been selected as a person who passes on his or her crafts under Article 13 of the Act of the Act on Encouragement of Skilled Crafts;

3. A person who has received an award in the National Technical Competition or the International Vocational Training Competition under Articles 20 and 21 of the Act on Encouragement of Skilled Crafts;

4. A person who has experience of studying, researching or practicing in a field related to his or her majors in any other school, research institute, etc. or has work experience at an industrial enterprise in the field related to his or her majors;

5. A person who has completed a vocational skills development training course;

6. A person who has obtained any national technical qualification under the National Technical Qualifications Act, any private qualification accredited under Article 19 of the Framework Act on Qualifications, or any qualification under any other statute.

(3) A person who has completed a course for multi-functional technicians in a polytechnic college shall be granted a bachelor of industry equivalent to a bachelor's degree in the specialized area under Article 50 of the Higher Education Act.

[This Article Newly Inserted on May 31, 2010]

Article 55(Restrictions on Receiving Support, Loan and Taking Courses on Ground of Illegal Conducts) #

(1) Where a person who is taking or has taken vocational skills development training under Article 12 or 15 falls under any of the following cases, the State or a local government may restrict the person from taking a vocational skills development training course under Articles 12 and 15 or may not provide subsidies or loans given under Articles 17 and 18 for a period prescribed by Ordinance of Ministry of Employment and Labor, for up to five years from the date on which he or she obtains or intends to obtain subsidies for training fees and training allowances by fraud or other improper means (referring to the date on which an entrustment contract is revoked in cases falling under subparagraph 2): <Amended on Feb. 1, 2012; Aug. 17, 2021; Jan. 11, 2022>

1. Where he or she has obtained or intends to obtain subsidies for training fees and training allowances by fraud or other improper means;

2. Where an entrustment contract is revoked on the grounds of conduct in collusion with a person who has been entrusted with vocational skills development training, where such conduct falls within any of subparagraphs of Article 16 (2).

(2) Where a person, a business owner, a business owners' association, a consultative body on human resources development for each industry, or a vocational skills development organization that intends to obtain or has obtained subsidies or loans for expenses under Articles 17, 18, 20, 22, and 23 falls under any of the following cases, the Minister of Employment and Labor may restrict the person or entity from taking a vocational skills development training course under Articles 12 and 15 or may not provide subsidies or loans under Articles 17, 18, 20, 22, and 23, for a period prescribed by Ordinance of Ministry of Employment and Labor, for up to five years from the date on which it has obtained or intends to obtain subsidies or loans by fraud or other improper means (referring to the date the recognition is revoked in cases falling under subparagraph 2): <Amended on Feb. 1, 2012; Mar. 31, 2020; Aug. 17, 2021; Jan. 11, 2022>

1. Where he or she has obtained or intends to obtain subsidies or loans by fraud or other improper means;

2. Where the recognition is revoked on the grounds of the conduct in collusion with a person who has been entrusted with vocational skills development training under Article 16, or a person who conducts vocational skills development training upon obtaining recognition for the vocational skills development training course under Articles 19 and 24, where such conduct falls within any of subparagraphs of Article 19 (2) or 24 (2);

3. Where he or she has received any economic benefit, etc. in violation of Article 21 (2).

[This Article Wholly Amended on May 31, 2010]

[Moved from Article 25 <May 31, 2010>]

Article 56(Return of Money Unlawfully Received and Additional Collection) #

(1) Where a person for whom the entrustment contract has been revoked under Article 16 (2) or a person restricted from taking courses or receiving subsidies or loans Article 55 (1) falls under any of the following cases, the State or a local government shall order the person to return the relevant amount of money: <Amended on Jan. 27, 2016; Aug. 17, 2021; Jan. 11, 2022>

1. Where he or she obtains a subsidy or loan by fraud or other improper means;

2. Where he or she uses a subsidy for any purpose other than the purpose of payment;

3. Where he or she fails to meet the requirements for obtaining a subsidy.

(2) Where a person whose recognition is revoked under Article 19 (2) or 24 (2), or a person, a business owner, a business owners' association, etc., a consultative body on human resources development for each industry, or a vocational skills development organization that is restricted from taking courses or receiving subsidies or loans under Article 55 (2) falls under any of the following cases, the Minister of Employment and Labor shall order the person or entity to return the relevant amount of money: <Amended on Feb. 1, 2012; Jan. 27, 2016; Aug. 17, 2021; Jan. 11, 2022>

1. Where he or she obtains a subsidy or loan by fraud or other improper means;

2. Where he or she uses a subsidy for any purpose other than the purpose of payment;

3. Where he or she fails to meet the requirements for obtaining a subsidy.

(3) Where the State, a local government, or the Minister of Employment and Labor orders a person or entity to return the money under paragraphs (1) and (2), it may collect additional dues by not more than five times the amount unjustly granted according to the criteria prescribed by Ordinance of the Ministry of Employment and Labor, with respect to the amount of subsidies or loans obtained by fraud or other improper means: <Amended on Feb. 1, 2012; Aug. 17, 2021; Jan. 11, 2022>

1. Deleted; <Jan. 11, 2022>

2. Deleted. <Jan. 11, 2022>

(4) Where any of the following persons has helped another person to receive subsidies or loans by fraud or other improper means by filing a false report or making false reporting, or by preparing or providing false data, he or she shall be jointly and severally liable for the money to be returned under paragraphs (1) and (2) and the money to be collected additionally under paragraph (3) with a person who receive subsidies or loans by fraud or other improper means: <Newly Inserted on Mar. 31, 2020; Aug. 17, 2021>

1. A person who obtains or obtained vocational skills development training under Article 12 or 15;

2. A person who is entrusted with vocational skill development training under Article 16 (1);

3. A person, a business owner, a business owners' association, etc., a consultative body on human resources development for each industry, or a vocational skills development organization that intends to obtain or has obtained subsidies or loans under Articles 17, 18, 20, 22, and 23;

4. A person who has obtained recognition for vocational skills development training course under Article 19 (1) or 24 (1).

(5) Where the money to be returned or collected additionally under paragraphs (1) through (3) is not paid by the due date, the State, a local government, or the Minister of Employment and Labor may collect the money in the same manner as delinquent national or local taxes are collected. <Amended on Feb. 1, 2012; Mar. 31, 2020>

(6) Necessary matters concerning detailed standards for additional collection under paragraph (3) shall be prescribed by Ordinance of Ministry of Employment and Labor. <Amended on Feb. 1, 2012; Mar. 31, 2020>

[This Article Wholly Amended on May 31, 2010]

[Title Amended on Jan. 27, 2016]

[Moved from Article 26 <May 31, 2010>]

Article 58(Guidance and Supervision) #

(1) The Minister of Employment and Labor may order any of the following persons to file a report on the facilities, equipment, apparatus and materials required for vocational skill development training, presence and absence of trainees, qualifications of vocational skill development teachers, etc. or to submit materials thereon, or may require relevant public officials, etc. to enter the place of vocational skills development training, etc. for inspection of the relevant documents and to inquire related persons, in order to guide and supervise them: <Amended on May 31, 2010; Jan. 11, 2022>

1. Persons who conduct the vocational skills development training after being entrusted therewith by the Minister of Employment and Labor under Article 16;

2. Persons who have obtained recognition under Article 19 or 24;

3. Persons who have obtained subsidies or loans under Articles 12, 17, 18, 20, 22 and 23;

4. Public organizations that establishes and operates public occupational training establishments and persons who establishes and operates designated occupational training establishments;

5. Corporations for vocational skills development training;

6. Persons who operate training establishments or training courses to educate vocational skills development teachers after obtaining approval therefor under Article 36;

7. Persons who perform duties on behalf of the Minister of Employment and Labor pursuant to Article 59.

(2) Where the Minister of Employment and Labor conducts an inspection under paragraph (1), he or she shall give a prior notice of necessary matters on time and details of inspection, etc. to a person subject to the inspection: Provided, That this shall not apply in the case of an emergency or where the issuance of a prior notice is deemed to defeat the purpose of the inspection. <Newly Inserted on May 31, 2010; Feb. 1, 2012>

(3) Public officials who have access and conduct guidance and supervision under paragraph (1) shall carry a document verifying their authority and present it to interested persons. <Amended on May 31, 2010>

(4) The Minister of Employment and Labor shall give a written notice of the inspection findings under paragraph (1) to a person who has undergone an inspection. <Newly Inserted on May 31, 2010; Feb. 1, 2012>

(5) Matters necessary for the details and methods of reporting, submission of materials and guidance and supervision under paragraph (1) shall be determined by Ordinance of the Ministry of Employment and Labor. <Amended on May 31, 2010; Jun. 4, 2010>

[This Article Wholly Amended on Dec. 31, 2008]

[Moved from Article 40 <May 31, 2010>]

NATIONAL LIFELONG VOCATIONAL SKILLS DEVELOPMENT ACT

Article 1(Purpose) #

Article 2(Definitions) #

Article 3(Basic Principles of Vocational Skills Development Training) #

Article 4(Responsibilities of the State and Business Owners) #

Article 5(Formulation of Master Plans for Vocational Skills Development) #

Article 6(Building Information Network for Vocational Skills Development) #

Article 7(Survey and Research on Lifelong Vocational Skills Development) #

Article 7-2(Management of Vocational Skills Development Training) #

Article 8(Standards for Vocational Skills Development Training) #

Article 9(Training Contracts and Rights and Obligations) #

Article 10(Training Allowances) #

Article 10-2(Measures against Infectious Diseases) #

Article 11(Accident Compensation Benefits) #

Article 11-2(Vocational Skills Development Projects by Public Organizations) #

Article 11-3(Required Financial Resources) #

Article 11-4(Promotion of International Cooperation) #

Article 11-5(Deliberation on and Coordination of Policies on Vocational Skills Development) #

Article 12(Support for Vocational Skills Development Training) #

Article 13 #

Article 14 #

Article 15(Conducting Vocational Skills Development Training for Occupational Categories of Governmental Organizations and Strategic Industries) #

Article 16(Entrustment of Vocational Skills Development Training) #

Article 17(Support for Autonomous Vocational Skills Development by Employees) #

Article 18(Issuance and Operation of Accounts for Vocational Skills Development) #

Article 19(Recognition of, or Revocation of Recognition of Vocational Skills Development Training Courses and Training Courses Fit for Account) #

Article 20(Support to Vocational Skills Development for Business Owners, Organizations of Business Owners) #

Article 21(Prohibition of Provision of Improper Economic Benefits Related to Entrustment of Vocational Skills Development Training) #

Article 22(Support for Vocational Skills Development Projects by Industry Category) #

Article 22-2(Composition and Operation of Regional Human Resources Development Committees) #

Article 22-3(Support for Regional Human Resources Development Committees) #

Article 23(Support for Vocational Skills Development Projects by Vocational Skills Development Organizations) #

Article 23-2(Keeping Documents concerning Subsidies and Loans) #

Article 24(Recognition or Revocation of Recognition of Vocational Skills Development Training Courses) #

Article 25(Collection and Provision of Individual Job Competency Data) #

Article 26(Recognition of Job Competency) #

Article 27(Setting up Public Occupational Training Establishments) #

Article 28(Designated Occupational Training Establishments) #

Article 29(Grounds for Disqualification) #

Article 30(Training Fees) #

Article 31(Revocation of Designation of Designated Occupational Training Establishments) #

Article 32(Establishment of Corporations for Vocational Skills Development Training) #

Article 32-2(Special Cases concerning Dissolution of Corporations for Vocational Skills Development Training) #

Article 33(Vocational Skills Development Teachers) #

Article 34(Grounds for Disqualification) #

Article 34-2(Inquiry about Criminal Records for Ascertaining Grounds for Disqualification) #

Article 35(Revocation of Qualifications of Teachers of Vocational Skills Development Training) #

Article 35-2(Restrictions of Lectures on Vocational Skills Development Training Courses) #

Article 36(Nurturing Vocational Skills Development Teachers) #

Article 37(Capability Development for Vocational Skills Development Teacher) #

Article 38(Training Standards for Vocational Skills Development Training) #

Article 39(Establishment of Polytechnic Colleges) #

Article 40(Classification of Courses) #

Article 40-2(Authorization for Advanced Major Courses with Degree) #

Article 40-3(Affiliated Schools) #

Article 41(Recognition of Credits and Conferment of Degrees) #

Article 41-2(Conferment of Degrees for Advanced Major Courses for Degree) #

Article 42(School Regulations) #

Article 43(Classification, Qualification and Fixed Number of Teachers) #

Article 44(Appointment, Retirement, and Service of Teachers) #

Article 45(Dispatch Service of Faculty and Use of Facilities and Equipment) #

Article 46(Submission of Business Plans and Fiscal Year) #

Article 47(Tuition) #

Article 48(Support for Polytechnic College and Students) #

Article 49(Revocation of Authorization) #

Article 49-2(Revocation of Authorization for Establishment of Advanced Major Courses with Degree) #

Article 50(Supervision over Polytechnic Colleges) #

Article 51(Prohibition of Use of Similar Titles) #

Article 52(Relationship with Other Acts) #

Article 52-2(Establishment and Operation of University of Technology and Education) #

Article 53(Evaluation on Vocational Skills Development Training Establishments) #

Article 54(Differential Support Based on Findings of Evaluations of Vocational Skills Development Training Establishments) #

Article 55(Restrictions on Receiving Support, Loan and Taking Courses on Ground of Illegal Conducts) #

Article 56(Return of Money Unlawfully Received and Additional Collection) #

Article 56-2(Publication of Termination of Entrustment Contract for Vocational Skill Development Training) #

Article 57(Bounties for Whistleblowing) #

Article 58(Guidance and Supervision) #

Article 59(Performance of Duties on Behalf of Minister of Employment and Labor) #

Article 60(Delegation and Entrustment of Authority) #

Article 61(Legal Fiction as Public Official in Application of Penalty Provisions) #