Article 1(Purpose) #
The purpose of this Act is to promote the efficient training and supply of and demand for industrial human resources and to contribute to the sound advancement of the national economy and the promotion of national welfare by establishing the Human Resources Development Service of Korea and by supporting it in providing workers with lifelong learning support and vocational skills development training and conducting qualification examinations, advanced skills promotion projects, employment promotion projects, and other relevant projects. <Amended on May 31, 2010>
[This Article Wholly Amended on Dec. 31, 2008]
Article 2(Legal personality) #
The Human Resources Development Service of Korea (hereinafter referred to as the "Service") shall be a corporation.
[This Article Wholly Amended on Dec. 30, 2005]
Article 3(Registration of establishment) #
(1) The Service shall be established at the time when it registers such establishment at the location of its main office.
(2) Matters necessary for the registration of the Service's establishment, registration of transfer, and other matters necessary for the registration shall be prescribed by Presidential Decree.
[This Article Wholly Amended on Dec. 31, 2008]
Article 4(Establishment of branch offices) #
The Service may establish branch offices in Korea and abroad with approval from the Minister of Employment and Labor; provided, the establishment of branch offices abroad shall only be allowed for the execution of the projects under subparagraph 6 of Article 6 and those entrusted to the Service pursuant to Article 28 of the Act on the Employment of Foreign Workers. <Amended on Jun. 4, 2010; Mar. 9, 2011; Jan. 5, 2021>
[This Article Wholly Amended on Dec. 31, 2008]
Article 5(Articles of incorporation) #
(1) The Service's articles of incorporation shall include the following matters:
1. Purpose of establishment;
2. Name of the Service;
3. Establishment and operation of the main office, branch offices, and affiliated institutions under Article 26;
4. Projects and execution thereof;
5. Property and accounting;
6. Executive officers and employees;
7. Operation of the board of directors;
8. Establishment and operation of business headquarters;
9. Amendments to the articles of incorporation;
10. Methods of public announcement;
11. Enactment, amendment, and repeal of internal regulations.
(2) If the Service intends to amend its articles of incorporation, it shall obtain authorization from the Minister of Employment and Labor. <Amended on Jun. 4, 2010>
[This Article Wholly Amended on Dec. 31, 2008]
Article 6(Projects) #
The Service's projects shall be as follows: <Amended on May 31, 2010; Jun. 4, 2010; Mar. 31, 2020; Jan. 5, 2021; Aug. 17, 2021>
1.Support for workers' lifelong learning by, among other things, facilitating organized learning of enterprises;
2. Support for the establishment and operation of polytechnic colleges under the National Lifelong Vocational Skills Development Act for the implementation of vocational skills development training;
3. Vocational skills development projects defined in subparagraph 2 of Article 2 of the National Lifelong Vocational Skills Development Act (excluding vocational skills development training);
4. Support for the establishment and operation of schools under the Private School Act for the training and management of vocational skills development teachers, human resource development experts, etc.;
5. Registration and management of qualification examinations and qualification acquirers;
5-2. Support for the development, improvement, and utilization of the National Competency Standards under Article 5 of the Framework Act on Qualifications;
6. Employment promotion projects, such as support for overseas employment and nurturing of global talents under Article 12 of the Special Act on the Promotion of Youth Employment;
7. Technical support to persons who conduct vocational skills development training;
8. Advanced skills promotion;
9. International cooperation projects or other incidental projects relating to those referred to in subparagraphs 1 through 5,5-2, and 6 through 8;
10. Projects entrusted to the Service under Article 28 of the Act on the Employment of Foreign Workers;
11. Projects entrusted to the Service by or on behalf of the Minister of Employment and Labor or the head of a central administrative agency under other statutes or regulations regarding lifelong learning support, qualification examinations, advanced skills promotion, and employment promotion for workers.
[This Article Wholly Amended on Dec. 31, 2008]
Article 7(Executive officers) #
(1) The Service shall have up to 15 directors, including 1 president, 3 full-time directors, and 1 auditor, as its executive officers.
(2) All executive officers, other than the president, full-time directors, and the auditor, shall be part-time.
(3) The president shall be appointed by the President of the Republic of Korea upon the recommendation of the Minister of Employment and Labor, from among multiple candidates proposed by the Executive Officer Recommendation Committee established under Article 29 of the Act on the Management of Public Institutions (hereinafter referred to as the "Executive Officer Recommendation Committee") <Amended on Jun. 4, 2010>
(4) Full-time directors shall be appointed by the president, and part-time directors (excluding those who are automatically appointed as part-time directors under the articles of incorporation of the Service) shall be appointed by the Minister of Employment and Labor from among 2 or more persons recommended by the Executive Officer Recommendation Committee from among persons falling under any of the following subparagraphs; in such cases, 1 person falling under subparagraph 4 shall be included: <Amended on Jun. 4, 2010; Mar. 9, 2011; Nov. 11, 2025>
1. Employer representative;
2. Employee representative;
3. A person with professional knowledge of lifelong competency development of employees and qualification systems, qualification examinations, etc.;
4. A person who has served as an employee of the Service for at least 3 years and who has been recommended by the employee representative (where a labor union composed of a majority of employees exists, referring to the representative of such labor union) or has obtained the consent of a majority of employees (referring to an employee defined in Article 2(1)1 of the Labor Standards Act; hereafter in this Article the same shall apply).
(5) The auditor shall be appointed by the President upon the recommendation of the Minister of Finance and Economy from among 2 or more persons recommended by the Executive Officer Recommendation Committee following deliberation and resolution by the Ownership Steering Committee under Article 8 of the Act on the Management of Public Institutions. <Amended on Mar. 9, 2011; Oct. 1, 2025>
(6) The president shall hold office for a term of 3 years, while the terms of office of the auditor and directors shall be 2 years, but these terms may be extended on an annual basis.
Article 8(Grounds for disqualification of executive officers) #
No person falling under any of the following subparagraphs shall be an executive officer:
1. A person who falls under any subparagraph of Article 33 of the State Public Officials Act;
2. A person who falls under Article 34(1)2 of the Act on the Management of Public Institutions.
[This Article Wholly Amended on Dec. 31, 2008]
Article 9(Duties of executive officers) #
(1) The president shall represent the Service, exercise general supervision over its affairs, and provide guidance and supervision to its employees.
(2) If the president is unable to perform his or her duties due to any unavoidable cause, 1 of the full-time directors shall act on behalf of the president, as stipulated in the articles of incorporation, and if no full-time is available or able to do so, an executive officer prescribed by the articles of incorporation shall act for the president.
(3) Directors shall deliberate on agenda items submitted to the board of directors and participate in the resolution thereof, and the full-time directors shall execute the Service's business affairs as prescribed by the articles of incorporation.
(4) The auditor shall inspect and audit the Service's business affairs and accounting pursuant to the accounting standards referred to in Article 32(5) of the Act on the Management of Public Institutions and submit his or her opinions to the board of directors.
[This Article Wholly Amended on Dec. 31, 2008]
Article 10(Restrictions on remuneration of part-time executive officers) #
No remuneration shall be paid to part-time directors among executive officers; provided, this shall not apply to the payment of actual expenses.
[This Article Wholly Amended on Dec. 31, 2008]
Article 11(Restrictions on concurrent holding of offices by executive officers and employees) #
(1) Full-time executive officers and employees of the Service shall not engage in any business affairs for profit other than their duties.
(2) Full-time executive officers may engage in non-profit activities if they have obtained permission from the appointing authority or recommendation authority, and employees may engage in such non-profit activities if they have obtained permission from the president.
[This Article Wholly Amended on Dec. 31, 2008]
Article 12(Board of directors) #
(1) The Service shall have a board of directors to deliberate and resolve on the matters referred in the subparagraphs of Article 17(1) of the Act on the Management of Public Institutions.
(2) The board of directors shall consist of directors, including the president.
(3) The president shall preside over meetings of the board of directors.
(4) Meetings of the board of directors shall be convened by the chairperson of the board of directors or upon the request of at least 1/3 of the incumbent directors, and any resolution thereof shall require the concurring vote of a majority of those present.
(5) The auditor may attend meetings of the board of directors and state his or her opinion.
[This Article Wholly Amended on Dec. 31, 2008]
Article 12-2 #
Deleted. <Dec. 31, 2008>
Article 13(Appointment and dismissal of employees) #
Employees of the Service shall be appointed or dismissed by the president, as prescribed by the articles of incorporation.
[This Article Wholly Amended on Dec. 31, 2008]
Article 14(Revenue and expenditure of the Service) #
(1) The revenue of the Service shall consist of the following: <Amended on Aug. 17, 2021>
1. Contributions or donations received from the State or persons other than the State;
2. Borrowings under Article 16;
3. Income received from vocational skills development training entrusted by the State or a local government pursuant to Article 16 of the National Lifelong Vocational Skills Development Act, or income from vocational skills development training entrusted by business owners, etc.;
4. Other incomes for the Service.
(2) The expenditure of the Service shall be the expenses incurred in executing projects under Article 6 and contributions to schools under the Private School Act which are established under the Service under Article 26 or polytechnic colleges (including school foundations) under the National Lifelong Vocational Skills Development Act (including school foundations). <Amended on May. 31, 2010; Aug. 17, 2021>
(3) The State may account for contributions under paragraph (1)1 in the expenditure budget for each fiscal year.
(4) The Service shall manage the accounting of revenues and expenditures under paragraph (1)3 separately from other revenues and expenditures.
(5) Matters necessary for the revenue and expenditure of the Service shall be prescribed by Presidential Decree.
[This Article Wholly Amended on Dec. 31, 2008]
Article 15(Gratuitous lending of State properties) #
If necessary for the establishment and operation of the Service, the State may lend State property and commodities to the Service free of charge.
[This Article Wholly Amended on Dec. 31, 2008]
Article 15-2(Gratuitous lending of the Service's property) #
If necessary for the establishment and operation of a polytechnic college under the National Lifelong Vocational Skills Development Act, the Service may lend its property and commodities to a school foundation that establishes and operates such polytechnic college free of charge. <Amended on May 31, 2010; Aug. 17, 2021>
[This Article Wholly Amended on Dec. 31, 2008]
Article 16(Borrowing of funds) #
If the Service intends to borrow (including from international institutions, foreign governments, or foreigners) funds necessary for projects under Article 6 or introduce materials from foreign countries, it shall obtain approval from the Minister of Employment and Labor. <Amended on Jun. 4, 2010>
[This Article Wholly Amended on Dec. 31, 2008]
Article 17(Business year) #
The Service's business year shall align with the Government's fiscal year.
[This Article Wholly Amended on Dec. 31, 2008]
Article 18(Budget preparation) #
(1) For each fiscal year, the president shall prepare a budget bill for the following fiscal year based on the management goals established under Article 46 of the Act on the Management of Public Institutions and the management guidelines notified under Article 50 of that Act, and shall finalize the budget by obtaining approval from the Minister of Employment and Labor following a resolution by the board of directors, prior to the commencement of the following fiscal year. The same shall apply to amendments to the budget. <Amended on Jun. 4, 2010>
(2) Upon finalizing the budget under paragraph (1), the Service shall, without delay, formulate an operation plan based on the budget for the fiscal year following a resolution by the board of directors, and shall submit such plan to the Minister of Employment and Labor within 2 months after the budget's finalization. This shall also apply to any modification of the operation plan resulting from budget changes. <Amended on Jun. 4, 2010>
[This Article Wholly Amended on Dec. 31, 2008]
Article 19(Submission of settlement statement of accounts) #
The Service shall prepare a settlement statement of accounts of revenue and expenditure for each business year, and, in accordance with the provisions of the Board of Audit and Inspection Rules, select a certified public accountant or an accounting corporation established in accordance with Article 23 of the Certified Public Accountant Act to conduct an audit of the statement, and submit it to the Minister of Employment and Labor by the end of February of the following year. <Amended on Jun. 4, 2010; Mar. 9, 2011>
[This Article Wholly Amended on Dec. 31, 2008]
Article 20(Treatment of surplus) #
If a surplus accrues as a result of the settlement of accounts at the end of each business year, the Service shall make up for any loss carried forward, and shall use remaining surplus as revenue for the following business year.
[This Article Wholly Amended on Dec. 31, 2008]
Article 20-2(Formulation of separate plans for entrusted training programs) #
When Articles 18 through 20 are applied to a vocational skills development training project entrusted pursuant to Article 14(1)3, the Service and its affiliated institutions under Article 26 shall ensure that this project is distinguished from other projects.
[This Article Wholly Amended on Dec. 31, 2008]
Article 21(Collection of fees) #
The Service may collect fees and other actual expenses in connection with the projects referred to in Article 6.
[This Article Wholly Amended on Dec. 31, 2008]
Article 22(Guidance and supervision of business affairs) #
(3) The Minister of Employment and Labor shall provide guidance and supervision to the Service in the following matters: <Amended on Jun. 4, 2010>
1. Proper performance of projects entrusted by the Minister of Employment and Labor to the Service pursuant to statutes or regulations or projects directly related to business affairs under the Ministry's jurisdiction;
2. Implementation of management guidelines under Article 50(1) of the Act on the Management of Public Institutions.
(2) The Minister of Employment and Labor may require the Service to report necessary matters relating to the Service's business affairs, accounting, and property or direct public officials under his or her jurisdiction to inspect the Service's books, documents, and other articles. <Amended on Jun. 4, 2010>
[This Article Wholly Amended on Dec. 31, 2008]
Article 23(Duty of confidentiality) #
(1) A person who is or was an executive officer or employee of the Service shall not divulge any confidential information acquired in the course of performing his or her duties.
(2) In connection with the execution of qualification examination projects referred to in subparagraphs 5 and 11 of Article 6, no person charged with preparing examination questions, conducting interviews, managing practical examinations, etc., or supervising examinations after being appointed by the Service shall divulge any confidential information acquired in the course of performing his or her duties.
[This Article Wholly Amended on Dec. 31, 2008]
Article 24(Prohibition of use of similar names) #
No person, other than the Service, shall use the name Human Resources Development Service of Korea or any similar name.
[This Article Wholly Amended on Dec. 31, 2008]
Article 25(Application mutatis mutandis of the Civil Act) #
Except as provided in this Act and the Act on the Management of Public Institutions, the provisions of the Civil Act governing incorporated foundations shall apply mutatis mutandis.
[This Article Wholly Amended on Dec. 31, 2008]
Article 26(Affiliated institutions) #
(1) To efficiently perform the projects referred to in Article 6, the Service may establish schools under the Private School Act, polytechnic colleges (including school foundations) under the National Lifelong Vocational Skills Development Act, and other necessary institutions (hereinafter referred to as "affiliated institutions") under its jurisdiction. <Amended on May 31, 2010; Aug. 17, 2021>
(2) The Service's president shall guide and supervise its affiliated organizations.
(3) Matters necessary for the establishment, operation, etc. of affiliated institutions shall be prescribed by the articles of incorporation of the Service.
[This Article Wholly Amended on Dec. 31, 2008]
Article 27(Penalty provisions) #
A person who divulges confidential information acquired in the course of performing his or her duties, in violation of Article 23, shall be punished by imprisonment with labor for not more than 2 years or by a fine not exceeding 10 million won.
[This Article Wholly Amended on Dec. 31, 2008]
Article 28(Administrative fines) #
(1) A person who uses a similar name in violation of Article 24 shall be subject to an administrative fine not exceeding 5 million won.
(2) Administrative fines under paragraph (1) shall be imposed and collected by the Minister of Employment and Labor, as prescribed by Presidential Decree. <Amended on Jun. 4, 2010>
[This Article Wholly Amended on Dec. 31, 2008]
Article 29 #
Deleted. <Dec. 31, 2008>
Article 30 #
Deleted. <Dec. 30, 2005>