Article 1(Purpose) #
The purpose of this Act is to establish the national technical qualification system meeting the needs of industrial circles by making its operation efficient and thereby to develop the occupational capabilities of technical manpower and to contribute to the improvement of the social status of technical manpower as well as to the development of the national economy.
[This Article Wholly Amended on May 31, 2010]
Article 2(Definitions) #
The terms used in this Act are defined as follows: <Amended on Jun. 4, 2010>
1. The term "national technical qualification" means any qualification in technical, skill, and service areas related to industries, among national qualifications under the Framework Act on Qualifications;
2. The term "grade of national technical qualification" means a level of national technical qualification graded according to the degree of the technical manpower's competence for duties;
3. The term "occupational field of national technical qualification" means the area of national technical qualification classified according to the details of competence for duties necessary for each industrial sector, as determined by Ordinance of the Ministry of Employment and Labor;
4. The term "category of national technical qualification" means the grades of national technical qualification categorized by occupation, which constitute the basic unit of national technical qualification.
[This Article Wholly Amended on May 31, 2010]
Article 3(Responsibilities of the State) #
(1) The State shall adopt policy measures necessary to effectively reflect job performance abilities, etc. needed by industrial circles on the national technical qualification system and to link the national technical qualification system with education, training, and employment.
(2) The State shall adopt policy measures necessary to ensure the compatibility of national technical qualification with other relevant national qualifications and international consistency in the national technical qualification.
(3) The State and local governments shall adopt policy measures necessary to maintain and improve the social and economic status of the holders of national technical qualifications and to guarantee their employment and status.
[This Article Wholly Amended on May 31, 2010]
Article 4(Cooperation by Business Owners) #
Business owners, business owners' organizations, and workers' organizations shall actively cooperate in the development of the national technical qualification system through participation, etc. in the operation of such system, so that national technical qualifications may effectively reflect the needs of industrial circles.
[This Article Wholly Amended on May 31, 2010]
Article 5(Formulation of Basic Plans for Development of National Technical Qualification System) #
(1) The Minister of Employment and Labor shall formulate and implement a basic plan for development of the national technical qualification system (hereinafter referred to as "basic plan") every five years to efficiently manage the national technical qualification system. <Amended on Jun. 4, 2010>
(2) A basic plan shall include the following: <Amended on Jan. 20, 2014>
1. Medium- and long-term policy goals of and direction-setting for the national technical qualification system;
2. Matters relating to the trends and outlook of the demand for and supply of technical manpower;
3. Matters relating to the standardization and utilization of job performance abilities required for each industrial sector;
4. Matters relating to the establishment, change, and repeal of the categories of national technical qualification;
5. Matters relating to the operational results of the national technical qualification system and the evaluation thereof;
6. Matters relating to the further utilization of the holders of national technical qualification;
7. Matters relating to the duties of the State, etc. under Article 3;
8. Matters relating to the establishment of the national technical qualification information system under Article 7;
9. Other matters deemed by the Minister of Employment and Labor necessary for operating the national technical qualification system.
(3) In formulating a basic plan, the Minister of Employment and Labor shall undergo deliberation by the National Technical Qualification Policy Council under Article 6 after consulting with the head of the relevant central administrative agency. <Amended on Jun. 4, 2010>
(4) When the Minister of Employment and Labor formulates a basic plan, he or she shall report thereon to the State Council and publicly announce it. <Amended on Jun. 4, 2010>
(5) The Minister of Employment and Labor may request the relevant central administrative agency and other related institutions and organizations (hereinafter referred to as "relevant central administrative agency, etc.") to submit materials necessary for formulating a basic plan and the central relevant administrative agency, etc. shall comply therewith except in extenuating circumstances. <Amended on Jun. 4, 2010>
Article 6(National Technical Qualification Policy Council) #
(1) A National Technical Qualification Policy Council (hereinafter referred to as the "Policy Council") shall be established under the jurisdiction of the Ministry of Employment and Labor to deliberate on important matters relating to the national technical qualification system. <Amended on Jun. 4, 2010>
(2) The Policy Council shall deliberate on the following: <Amended on Jun. 4, 2010; May 20, 2014>
1. Matters relating to the formulation of basic plans;
2. Matters relating to the adoption of major policies, among the responsibilities of the State, etc. under Article 3;
3. Matters relating to the establishment, etc. of the national technical qualification information system under Article 7;
3-2. Matters relating to the selection of the categories of national technical qualification acquirable by completing educational and training courses and appraisal thereof under Article 10, and to the designation of such educational and training courses;
4. Matters relating to the grades and occupational fields of national technical qualification and the establishment, change, and repeal of the categories of national technical qualification;
5. Matters relating to the final determination, etc. of the categories of national technical qualification, the examination for which can be administered only by the State;
6. Matters relating to the mutual recognition of national technical qualification among countries;
7. Matters relating to the entrustment of authority under Article 23 (2);
8. Matters relating to the evaluation of the entrusted agencies under Article 24;
9. Other matters deemed by the Minister of Employment and Labor necessary for efficiently operating the national technical qualification system.
(3) The office of the chairperson of the Policy Council shall be held by the Minister of Employment and Labor, and the members thereof shall be comprised of the following persons: <Amended on Jun. 4, 2010>
1. Vice Minister-level public officials of the relevant central administrative agency prescribed by Presidential Decree;
2. Persons with abundant knowledge and experience in science and technology, vocational education and training, and qualification systems, who are commissioned by the Minister of Employment and Labor;
Article 7(Establishment, etc. of National Technical Qualification Information System) #
(1) The Minister of Employment and Labor may establish and operate a national technical qualification information system (hereinafter referred to as "information system") necessary to operate the national technical qualification system, which manages the service records of the holders of national technical qualification (excluding the service records of the holders of national technical qualification managed under other statutes and regulations), information on national technical qualification, and other similar information. <Amended on Jun. 4, 2010>
(2) The Minister of Employment and Labor may request the central administrative agency concerned, etc. and the holders of national technical qualification to submit materials necessary for the establishment and operation of the information system, as prescribed by Presidential Decree, and the central administrative agency concerned, etc. shall comply therewith unless extenuating circumstances exist. <Amended on Jun. 4, 2010>
(3) The Minister of Employment and Labor may, if necessary, allow persons prescribed by Presidential Decree to fully or partially perform business relating to the establishment and operation of the information system on his or her behalf. <Amended on Jun. 4, 2010>
(4) The Minister of Employment and Labor may subsidize necessary expenses incurred in the vicarious performance of business under paragraph (3). <Amended on Jun. 4, 2010>
(5) Other necessary matters regarding the establishment and operation of the information system shall be prescribed by Presidential Decree.
[This Article Wholly Amended on May 31, 2010]
Article 8(Investigation and Research of National Technical Qualification) #
(1) The Minister of Employment and Labor may conduct investigation and research projects necessary to efficiently operate the national technical qualification system. <Amended on Jun. 4, 2010>
(2) The Minister of Employment and Labor may regularly investigate and research as to whether the categories of the national technical qualification system meet the needs of industrial circles and may disclose the results thereof. <Amended on Jun. 4, 2010>
(3) The Minister of Employment and Labor may, if necessary, allow persons prescribed by Presidential Decree to partially perform business referred to in paragraphs (1) and (2) on his or her behalf. <Amended on Jun. 4, 2010>
(4) The Minister of Employment and Labor may subsidize necessary expenses incurred in the vicarious performance of business under paragraph (3). <Amended on Jun. 4, 2010>
(5) Matters necessary to facilitate the performance of investigation and research projects referred to in paragraphs (1) and (2) shall be prescribed by Presidential Decree.
[This Article Wholly Amended on May 31, 2010]
Article 8-2(Fields of Operation of National Technical Qualification) #
(1) The State may operate national technical qualification in the following fields:
1. A field directly linked to the lives, health and safety of citizens;
2. A field in which the management of the State is necessary or high ethics is required to maintain social order or good morals;
3. A field in which national cultivation of human resources and recognition of job performance abilities are required to preserve and develop a national key and strategic industry and to cultivate a new industry (referring to a new industry under Article 4 (2) 3 of the Industrial Development Act);
4. A field in which national recognition of job performance abilities is required as basic abilities common to all industries.
(2) Categories of national technical qualification shall be determined by Ordinance of the Ministry of Employment and Labor. <Amended on May 20, 2014>
(3) Standards and procedures for establishment, change and repeal of the categories of national technical qualification shall be prescribed by Presidential Decree.
[This Article Newly Inserted on May 31, 2010]
Article 9(Grades of National Technical Qualification) #
The grades of national technical qualification shall be as follows:
1. Technical and skill areas: Professional engineers, master craftsmen, engineers, industrial engineers and technicians;
2. Service areas: Grades prescribed by Presidential Decree within the scope of grades one to three by the category of national technical qualification.
[This Article Wholly Amended on May 20, 2014]
Article 10(Acquisition of National Technical Qualification) #
(1) Any person who intends to acquire any national technical qualification shall pass a national technical qualification examination administered by the head of the central administrative agency who takes charge of the matters relating to national technical qualification (hereinafter referred to as "competent Minister") or complete any educational and training course provided by any of the following entities designated by the competent Minister after deliberation by the Policy Council, and meet the passing standards prescribed by Presidential Decree: Provided, That any person who has acquired any qualification, among the qualifications under other statutes, recognized as equivalent to the national technical qualification under this Act, as prescribed by Ordinance of the Ministry of Employment and Labor, shall be deemed a person who has acquired the national technical qualification under this Act: <Amended on Jun. 4, 2010; May 20, 2014; Aug. 17, 2021>
1. High schools and high technical schools defined in subparagraph 3 of Article 2 of the Elementary and Secondary Education Act, and other various kinds of schools equivalent thereto;
2. Schools specified in the subparagraphs of Article 2 of the Higher Education Act;
3. Workplace skill development training establishments defined in subparagraph 3 of Article 2 of the National Lifelong Vocational Skills Development Act;
4. Facilities or institutions recognized by the Minister of Employment and Labor pursuant to Article 24 (1) of the National Lifelong Vocational Skills Development Act;
5. Private teaching institutes for lifelong education or vocational training defined in Article 2-2 (1) 2 of the Act on the Establishment and Operation of Private Teaching Institutes and Extracurricular Lessons;
6. Lifelong educational institutions defined in subparagraph 2 of Article 2 of the Lifelong Education Act.
(2) Any entity that seeks to have its educational and training courses designated pursuant to paragraph (1) shall satisfy the criteria prescribed by Presidential Decree with respect to the following: <Newly Inserted on May 20, 2014>
1. Teaching staff;
2. Facilities and equipment for experiments and practical training;
3. Curricula and the contents thereof;
4. System to appraise trainees’ performance;
Article 10-2(Selection of Categories of National Technical Qualification Acquirable by Completing Courses and Appraisal Thereof) #
(1) Where the competent Minister selects the categories of national technical qualification acquirable by completing educational and training courses and appraisal thereof pursuant to Article 10, he or she shall submit the relevant matter to the Policy Council for deliberation after consulting with the relevant association and other interested persons.
(2) When the competent Minister selects the categories of qualification under paragraph (1), he or she shall do so considering the following:
1. Whether or not to provide a more accurate measurement of ability than the method of national technical qualification examination;
2. Potential risks to the life, health and safety of citizens;
3. Effects on industrial labor demand and supply;
4. Other matters prescribed by Presidential Decree.
[This Article Newly Inserted on May 20, 2014]
Article 10-3(Management of Categories of National Technical Qualification Acquirable by Completing Courses and Appraisal thereof) #
(1) The Minister of Employment and Labor shall formulate an annual implementation plan regarding the acquisition of national technical qualifications by completing courses and appraisal thereof.
(2) Annual implementation plans shall contain the following:
1. The number of designated educational and training courses by category of qualification under Article 10-2;
2. The difficulty levels of tests to be conducted during the educational and training courses under subparagraph 1;
3. Other matters prescribed by Presidential Decree.
(3) When the Minister of Employment and Labor intends to formulate an annual implementation plan under paragraph (1), he or she shall submit the annual implementation plan to the Policy Council for deliberation after consulting with the heads of relevant central administrative agencies.
(4) The Minister of Employment and Labor shall annually report the outcomes of executing the annual implementation plan to the Policy Council, including the details of the designated educational and training courses offered.
[This Article Newly Inserted on May 20, 2014]
Article 11(Disqualification from Sitting for Examinations) #
None of the following persons can sit for any national technical qualification examination: <Amended on May 20, 2014>
1. A person who has been subjected to a disposition suspending or nullifying a national technical qualification examination under Article 10 (6) and for whom three years have not passed since such disposition has been taken;
2. A person who, having been subjected to a disposition revoking a national technical qualification under Article 16 (1), applies for an examination for the same category of the revoked national technical qualification within three years from the date such disposition has been taken;
3. A person who, having been subjected to a disposition suspending a national technical qualification under Article 16 (1), applies for an examination for the same category of the suspended national technical qualification during the period of such suspension.
[This Article Wholly Amended on May 31, 2010]
Article 11-2(Restrictions on Acquisition of Qualifications by Those who have Completed Designated Educational and Training Courses) #
Any of the following persons shall be disqualified from acquiring any national technical qualification even if he or she completes any educational and training course designated by the competent Minister pursuant to Article 10 (hereinafter referred to as “designated educational and training course”):
1. A person who was subjected to a disposition suspending or nullifying a national technical qualification examination pursuant to Article 10 (6) and for whom three years have not passed since such disposition was taken;
2. A person who was subjected to a disposition revoking a national technical qualification pursuant to Article 16 (1) and for whom three years have not passed since such disposition was taken;
3. A person who was subjected to a disposition suspending a national technical qualification pursuant to Article 16 (1) and is still in the period of such suspension.
[This Article Newly Inserted on May 20, 2014]
Article 12(Exemption from Subjects of National Technical Qualification Examination) #
(1) Where any person falling under any of the following subparagraphs intends to take a national technical qualification examination, the competent Minister may exempt him/her from all or some of the subjects of such examination, as prescribed by Presidential Decree:
1. Any person who, having acquired a national technical qualification, intends to take an examination of the category of another national technical qualification falling under the same occupational field and grade as the category of the acquired national technical qualification;
2. Any person who has acquired a related foreign qualification mutually recognized by an agreement with a foreign country;
3. Any person who has acquired a qualification pursuant to other statutes and regulations related to the national technical qualification for which he or she intends to take an examination;
4. Any person who has acquired a related civil qualification officially approved by the State pursuant to the Framework Act on Qualifications;
5. Any person who has acquired a qualification related to the national technical qualification for which he or she intends to take an examination from a region north of the Military Demarcation Line;
6. Other persons deemed as having levels equal to or higher than the national technical qualification concerned, as prescribed by Presidential Decree.
(2) Necessary matters regarding the scope of, standards for, procedure for, etc. the exemption from subjects of an examination shall be prescribed by Presidential Decree.
[This Article Wholly Amended on May 31, 2010]
Article 13(National Technical Qualification Certificates) #
(1) The competent Minister shall issue national technical qualification certificates to those who acquire national technical qualifications pursuant to the main clause of Article 10 (1). <Amended on May 20, 2014>
(2) Where a national technical qualification certificate is lost or worn out or requires any change in its entries, a person to whom such certificate has been issued may apply for its re-issuance to the competent Minister.
(3) Necessary matters regarding the issuance, re-issuance and management of national technical qualification certificates shall be prescribed by Presidential Decree.
[This Article Wholly Amended on May 31, 2010]
Article 14(Preferential Treatment of Persons who have Acquired National Technical Qualification) #
(1) The State and local governments shall, in cases of permitting, authorizing, registering, or licensing a business regarding the occupational field of a national technical qualification or endowing another advantage, give preferential treatment to a person who has acquired the national technical qualification of the corresponding occupational field to the extent permitted by other statutes or regulations.
(2) An employer who employs a holder of a national technical qualification as a worker of the corresponding occupational field shall give preferential treatment to the said worker, as prescribed by Presidential Decree.
(3) Any person who has acquired a national technical qualification shall receive the same treatment under other statutes and regulations as the person who has acquired the qualification under such other statutes and regulations which has the same category and level as the said national technical qualification, as prescribed by Ordinance of the Ministry of Employment and Labor. <Amended on Jun. 4, 2010>
(4) The provisions of paragraphs (1) through (3) shall not apply to persons whose national technical qualification is suspended pursuant to the disposition of suspension of the national technical qualification under Article 16.
[This Article Wholly Amended on May 31, 2010]
Article 15(Obligation of Persons who have Acquired National Technical Qualification) #
(1) Any person who has acquired a national technical qualification shall carry out his or her job conscientiously and shall not disgrace his or her own dignity.
(2) National technical qualification certificates issued under Article 13 shall be prohibited from being lent to or from any other person and also from arranging the lending.
[This Article Wholly Amended on May 31, 2010]
Article 15-2(Education and Training for Persons who have Acquired National Technical Qualifications) #
(1) The Minister of Employment and Labor may conduct education and training for persons who have acquired national technical qualifications in order to improve their abilities to perform the duties. <Amended on Jun. 4, 2010>
(2) Necessary matters concerning the categories of national technical qualifications subject to education and training referred to in paragraph (1) and procedures for education and training, etc. shall be determined by Ordinance of the Ministry of Employment and Labor after undergoing consultations thereabout with the heads of central administrative agencies concerned. <Amended on Jun. 4, 2010>
[This Article Wholly Amended on May 31, 2010]
Article 15-3(Investigation of Lending and Arrangement of Lending of National Technical Qualification Certificates) #
(1) Where it is necessary to investigate a violation of Article 15 (2) which prescribes the prohibition on lending and arrangement of lending of national technical qualification certificates, the competent Minister or the Minister of Employment and Labor (hereafter referred to as "competent Minister, etc." in this Article) shall require subordinate public official (including an employee of an institution delegated or entrusted by the competent Minister, etc. the duty of managing persons who have acquired national technical qualification under other Acts) to enter a place of business of a business owner who employs or employed persons who have acquired national technical qualifications to make inquiries to related persons or to inspect documents, such as accounting books. <Amended on May 20, 2014>
(2) Where it is necessary for an investigation under paragraph (1), the competent Minister, etc. may request the relevant central administrative agency, local government and any other public institution to submit data concerning the status of employment of persons who have acquired national technical qualifications and the relevant places of business.
(3) Where the competent Minister, etc. conducts an investigation under paragraph (1), he or she shall inform business owners of necessary matters, such as the date and time and details of the investigation in advance: Provided, That the same shall not apply in an emergency or where it is deemed impossible to attain the objectives of an investigation if such information is provided in advance.
(4) A public official who conducts an investigation under paragraph (1) shall carry certification indicating his or her authority and produce it to related persons.
(5) The competent Minister, etc. shall inform a business owner, etc. of findings of investigation conducted under paragraph (1).
[This Article Newly Inserted on May 31, 2010]
Article 15-4(Payment of Monetary Awards) #
(1) The competent Minister or the Minister of Employment and Labor may, within budgetary limits, pay a monetary award to whoever reports a person who violates Article 15 (2) by lending his or her national technical qualification certificate to a third person, by using a national technical qualification certificate borrowed from a third person or by arranging the lending of a national technical qualification certificate.
(2) Matters necessary for reporting violations and payment of monetary awards under paragraph (1) shall be prescribed by Ordinance of the Ministry of Employment and Labor.
[This Article Newly Inserted on May 20, 2014]
Article 16(Revocation of National Technical Qualification) #
(1) The competent Minister may revoke a national technical qualification of a person who falls under any of the following subparagraphs or suspend his or her qualification for up to three years: Provided, That where he or she falls under subparagraph 1 or 3, his or her national technical qualification shall be revoked: <Amended on Jan. 27, 2016>
1. Where he or she has acquired his or her national technical qualification by fraud or other improper means;
2. Where he or she has harmed the public interest or has caused any damage to any other person by performing his or her duties insincerely or disgracing his or her own dignity, in violation of Article 15 (1);
3. Where he or she has lent his or her national technical qualification certificate to any other person, in violation of Article 15 (2).
(2) The standards for the revocation or suspension of a national technical qualification under paragraph (1) shall be prescribed by Ordinance of the Ministry of Employment and Labor, taking into consideration the reasons for such disposition, the severity of such violation, etc. <Amended on Jun. 4, 2010>
[This Article Wholly Amended on May 31, 2010]
Article 17(Hearings) #
If the competent Minister intends to make any of the following dispositions, he or she shall hold a hearing:
1. Revocation or suspension of a national technical qualification under Article 16 (1);
2. Cancellation of educational and training course designated under Article 24-5 (1).
[This Article Wholly Amended on May 20, 2014]
Article 18(Prohibiting Use of Title) #
No person without the acquisition of national technical qualification may use the title by the grade and category of the national technical qualification.
Article 19(Prohibition of Examination of Similar Qualification) #
(1) No person, other than the State, may administer any qualifying examination identical or similar to national technical qualification examinations of the field falling under Article 8-2 (1) 1 or 2.
(2) The categories of national technical qualifications, the examination for which can be administered only by the State pursuant to paragraph (1) shall be prescribed by Ordinance of the Ministry of Employment and Labor after undergoing deliberation by the Policy Council. <Amended on Jun. 4, 2010>
[This Article Wholly Amended on May 31, 2010]
Article 20(Consultation for Official Approval of Civil Technical Qualification) #
When the competent Minister or the Minister of Employment and Labor receives a request from the president of the Korea Research Institute for Vocational Education and Training established under the Act on the Establishment, Operation and Fostering of Government-Funded Research Institutes, for consultation pertaining to official approval of civil qualification under the Framework Act on Qualifications, he or she shall investigate whether the examination standards, the standards for completion of educational and training courses, and other similar matters for the relevant civil technical qualification (referring to the qualification of technical areas among civil qualifications under the Framework Act on Qualifications) satisfy the examination standards and the standards for completion of educational and training courses for national technical qualification under this Act. <Amended on Jun. 4, 2010; May 20, 2014; May 18, 2021>
[This Article Wholly Amended on May 31, 2010]
Article 21(Mutual Recognition of National Technical Qualification among Countries) #
(1) Where it is judged that a foreign qualification or an internationally recognized qualification is of the same kind and level as a national technical qualification under this Act and a person who has acquired the said qualification has the ability to conduct the exchange of business or perform other similar activities with a person who has acquired a national technical qualification under this Act (including a person who is recognized to have the same qualification as that held by the person who has acquired the national technical qualification under other statute or regulations), the State may recognize such foreign qualification or internationally recognized qualification according to agreements, etc. between countries.
(2) Necessary matters regarding the mutual recognition of national technical qualifications under paragraph (1) shall be prescribed by Presidential Decree.
[This Article Wholly Amended on May 31, 2010]
Article 22(Fees) #
Any person who falls under any of the following subparagraphs shall pay a fee, as prescribed by Ordinance of the Ministry of Employment and Labor: <Amended on Jun. 4, 2010>
1. Any person who intends to take a national technical qualification examination under Article 10;
2. Any person who intends to receive the issuance or re-issuance of a national technical qualification certificate under Article 13;
3. Any person who intends to receive the issuance of a document verifying a national technical qualification.
[This Article Wholly Amended on May 31, 2010]
Article 23(Delegation and Entrustment of Authority) #
(1) The competent Minister may delegate part of his or her authority under this Act to the head of an agency under his or her jurisdiction, the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing Mayor, a Do Governor, or a Special Self-Governing Province Governor or may entrust it to the head of another administrative agency, as prescribed by Presidential Decree. <Amended on Jun. 10, 2022>
(2) The competent Minister may entrust some of affairs prescribed by Presidential Decree among affairs related to qualification examinations or designation of educational and training courses to any related specialized institution or organization that meets the standards for entrustment prescribed by Presidential Decree, following procedures prescribed by Ordinance of the Ministry of Employment and Labor. <Amended on May 20, 2014>
(3) The Minister of Employment and Labor may entrust specialized institutions or organizations prescribed by Presidential Decree with affairs relating to education and training provided for in Article 15-2 (1). <Amended on Jun. 4, 2010>
(4) Where the competent Minister or the Minister of Employment and Labor entrusts affairs under paragraph (2) or (3), he or she may subsidize expenses incurred in handling and managing the entrusted affairs to an institution or organization entrusted with such affairs. <Amended on Jun. 4, 2010>
(5) The Minister of Employment and Labor may provide any institution or organization entrusted with affairs relating to qualification examinations or designation of educational and training courses pursuant to paragraph (2) (hereinafter referred to as “entrusted institution”) with technical assistance necessary for handling such entrusted affairs, as prescribed by Presidential Decree. <Amended on May 20, 2014>
[This Article Wholly Amended on May 31, 2010]
Article 24(Evaluation of Entrusted Institutions) #
(1) The Minister of Employment and Labor may evaluate the entrusted institutions with respect to the following to raise the quality of affairs relating to national technical qualification examinations and to the designation of educational and training courses and may publish the results thereof. In such cases, subparagraphs 2 and 3 shall apply only to the evaluation of the institutions entrusted with affairs relating to qualification examinations, and subparagraph 3-2 only to the evaluation of the institutions entrusted with affairs relating to the designation of educational and training courses: <Amended on Jun. 4, 2010; May 20, 2014>
1. Matters relating to the ability to administer affairs concerning national technical qualification examinations or concerning the designation of educational and training courses;
2. Matters relating to the adequate holding and management of examination facilities and equipment;
3. Matters relating to the management and operation of national technical qualification examinations, such as a plan for implementing examinations, the preparation and marking of examination papers, and the security of examinations;
3-2. Matters relating to the administration of affairs concerning the designation of educational and training courses, including the evaluation of educational and training courses;
4. Matters relating to the management of persons who have acquired national technical qualifications;
5. Other matters deemed by the Minister of Employment and Labor necessary to raise the quality of the entrusted institutions.
(2) The Minister of Employment and Labor shall notify the competent Minister of the results of evaluation under paragraph (1). <Amended on Jun. 4, 2010>
(3) The Minister of Employment and Labor may, if necessary, allow persons determined by Presidential Decree to fully or partially conduct evaluations under paragraph (1) on his or her behalf. <Amended on Jun. 4, 2010>
(4) The Minister of Employment and Labor may subsidize expenses incurred in conducting evaluations on his or her behalf under paragraph (3). <Amended on Jun. 4, 2010>
(5) Necessary matters regarding the methods, etc. of conducting evaluations under paragraph (1) shall be prescribed by Presidential Decree.
[This Article Wholly Amended on May 31, 2010]
Article 24-2(Revocation of Entrustment to Entrusted Institutions) #
(1) Where any entrusted institution falls under any of the following cases, the competent Minister may order such entrusted institution to make a correction thereof or revoke the entrustment of affairs relating to qualification examinations or to the designation of educational and training courses under Article 23 (2): Provided, That in cases falling under subparagraph 1, the competent Minister must revoke the entrustment of the relevant affairs: <Amended on Jun. 4, 2010; May 20, 2014>
1. Where the entrusted institution has been entrusted with its affairs relating to qualification examinations or to the designation of educational and training courses by fraud or other improper means;
2. Where the entrusted institution fails to meet the entrustment standards provided for in Article 23 (2);
3. Where the entrusted institution is required to take improvement measures as a result of the evaluation notified by the Minister of Employment and Labor pursuant to Article 24 (2);
4. Where the entrusted institution performs its affairs relating to qualification examinations or to the designation of educational and training courses by fraud or other improper means.
(2) Where any entrusted institution is determined to fall under any subparagraph of paragraph (1), the Minister of Employment and Labor may recommend the competent Minister to take an action referred to in paragraph (1). <Amended on Jun. 4, 2010>
(3) Where the competent Minister revokes the entrustment of affairs pursuant to paragraph (1), he or she shall notify the Minister of Employment and Labor, and the Minister of Employment and Labor shall publicly announce that the entrustment of the relevant affairs is revoked. <Amended on Jun. 4, 2010; May 20, 2014>
(4) Where the entrustment of affairs is revoked pursuant to paragraph (1), the competent Minister may order any institution or organization prescribed by Presidential Decree to perform the relevant affairs until a new institution is entrusted with such affairs. <Amended on May 20, 2014>
[This Article Wholly Amended on May 31, 2010]
Article 24-3(Installation of Facilities Used for National Technical Qualification Examinations) #
(1) The competent Minister and the Minister of Employment and Labor shall secure facilities and equipment, both of which are needed to hold national technical qualification examinations in response to changes in the demand for industrial manpower and technologies. <Amended on Jun. 4, 2010>
(2) The competent Minister or the Minister of Employment and Labor may use the facilities and equipment of enterprises and educational and training institutions prescribed by Ordinance of the Ministry of Employment and Labor to hold national technical qualification examinations. In such cases, necessary expenses may be subsidized to the relevant enterprises or educational and training institutions. <Amended on Jun. 4, 2010>
(3) Necessary matters concerning requirements for subsidizing the expenses referred to in the latter part of paragraph (2), the amount of subsidy and procedures for subsidization shall be prescribed by Ordinance of the Ministry of Employment and Labor. <Amended on Jun. 4, 2010>
[This Article Wholly Amended on May 31, 2010]
Article 24-4(Inspections of Institutions Administering Designated Educational and Training Courses) #
(1) The competent Minister or the Minister of Employment and Labor may require relevant public officials to enter an educational and training institution administering the designated educational and training courses to make inquiries of related persons, or to inspect accounting books and other documents, in order to ascertain the following:
1. Matters relating to designated educational and training courses;
2. Matters relating to the completion of designated educational and training courses by those who have acquired national technical qualifications after completing such courses.
(2) If it is necessary to conduct an inspection under paragraph (1), the competent Minister or the Minister of Employment and Labor may require the educational and training institution administering designated educational and training courses to submit materials.
(3) Article 15-3 (3) through (5) shall apply mutatis mutandis to the procedures, methods, etc. for inspections under paragraph (1). In such cases, “business owner, etc.” in Article 15-3 (3) and (5) shall be construed as “head, etc. of the educational and training institution administering the designated educational and training courses”.
[This Article Newly Inserted on May 20, 2014]
Article 24-5(Revocation of Designated Educational and Training Courses) #
(1) Where any educational and training institution administering any designated educational and training course falls under any of the following, the competent Minister may order such institution to make a correction thereof or revoke designation of the educational and training course: Provided, That in cases falling under subparagraph 1 or 4, he or she must revoke designation of the designated educational and training course:
1. Where it has obtained designation of an educational and training course by fraud or other improper means;
2. Where it fails to meet the criteria for designation provided for in Article 10 (2);
3. Where it conducts education and training different from those designated pursuant to Article 10 (2);
4. Where it makes a false record of its trainees’ completion of educational and training courses by fraud or other improper means.
(2) Article 24-2 (2) and (3) shall apply mutatis mutandis to corrective orders and the revocation of designation under paragraph (1). In such cases, “entrusted institution” in Article 24-2 (2) shall be construed as “educational and training institution administering the designated educational and training courses”, and “entrustment of affairs” in paragraph (3) of the same Article as “designated educational and training course”.
(3) Matters necessary for detailed criteria, etc. for corrective orders and revocation of designation referred to in paragraph (1) shall be determined by Ordinance of the Ministry of Employment and Labor.
[This Article Newly Inserted on May 20, 2014]
Article 25(Legal Fiction as Public Officials for Purposes of Applying Penalty Provisions) #
Executive officers or employees of an entrusted institution who conduct affairs entrusted pursuant to Article 23 (2) shall be deemed public officials for purposes of applying Articles 129 through 132 of the Criminal Act. <Amended on May 20, 2014>
[This Article Wholly Amended on May 31, 2010]
Article 25-2(Duty to Maintain Confidentiality) #
(1) No current or former executive officer or employee of any entrusted institution entrusted with affairs pursuant to Article 23 (2) shall disclose any confidential information that he or she becomes aware of in the course of performing his or her duties. <Amended on May 20, 2014>
(2) No person in charge of preparing, reviewing and printing questions for examination, person in charge of making interview, or person in charge of managing practical examinations and supervising examinations entrusted by any entrusted institution in connection with the performance of national technical qualification examination affairs, shall disclose any confidential information that he or she becomes aware of in the course of performing his or her duties.
[This Article Newly Inserted on May 31, 2010]
Article 25-3(Prohibition of Acts Interfering with Examination) #
No person shall intentionally engage in any act interfering with, or exerting undue influence on, an examination.
[This Article Newly Inserted on Dec. 8, 2020]
Article 25-4(Preservation of Documents) #
(1) Any person who administers any designated educational and training course shall preserve, for three years, the documents determined by Ordinance of the Ministry of Employment and Labor in connection with the designation, administration, etc. of educational and training courses.
(2) Documents referred to in paragraph (1) may be prepared and kept in electronic form.
[This Article Newly Inserted on May 20, 2014]
Article 26(Penalty Provisions) #
(1) Any of the following persons shall be punished by imprisonment with labor for not more than two years or by a fine not exceeding 20 million won: <Amended on Dec. 8, 2020>
1. A person who administers an examination, in violation of Article 19 (1);
2. A person who divulges confidential information which he or she has learned in the course of performing his or her duties, in violation of Article 25-2;
3. A person who intentionally engages in any act interfering with, or exerting undue influence on, an examination, in violation of Article 25-3.
(3) Any of the following persons shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 10 million won: <Amended on May 20, 2014; Dec. 8, 2020>
1. Any person who lends his or her national technical qualification certificate to any third person or any person who arranges the lending of any national technical qualification certificate, in violation of Article 15 (2);
2. Any person who uses a title by the grade and category of a national technical qualification, in violation of Article 18.
[This Article Wholly Amended on May 31, 2010]
Article 26-2(Administrative Fines) #
(1) Any of the following persons shall be subject to an administrative fine not exceeding three million won: <Amended on May 20, 2014>
1. A person who refuses, interferes with or evades an inspection under Article 15-3 or 24-4 without justifiable grounds, or who submits any false statement or data;
2. A person who fails to preserve any document related to the designation, administration, etc. of educational and training courses under Article 25-4.
(2) Administrative fines referred to in paragraph (1) shall be imposed and collected by the competent Minister or the Minister of Employment and Labor, as prescribed by Presidential Decree. <Amended on May 20, 2014>
[This Article Newly Inserted on May 31, 2010]
Article 27(Joint Penalty Provisions) #
If the representative of a corporation or an agent or employee of, or any other person employed by, a corporation or an individual commits any violation described in Article 26 (2) 1 in conducting the business affairs of the corporation or individual, the corporation or individual shall be punished by a fine prescribed in that provision in addition to punishing the violator accordingly: Provided, That this shall not apply where the corporation or individual has not been negligent in giving due attention and supervision concerning the relevant business affairs to prevent such violation. <Amended on Dec. 8, 2020>
[This Article Wholly Amended on May 31, 2010]