FRAMEWORK ACT ON VOCATIONAL TRAINING

Article 1(Purpose) #

The purpose of this Act is to improve the status of workers and to contribute to the development of the national economy by developing and improving their abilities through conducting vocational training for them.

Article 2(Definitions) #

The definitions of terms used in this Act shall be as follows: <Amended by Act No. 4331, Jan. 14, 1991; Act No. 4639, Dec. 27, 1993>

1. The term “vocational trainings” means training conducted under this Act in order to have workers acquire and improve skills required for fulfillment of their occupational duties;

2. The term “workers” means persons who are employed by a business owner, and who have an intention to work;

3. The term “public vocational trainings” means vocational trainings conducted by the State, a local government or a public organization as prescribed by the Presidential Decree (hereinafter referred to as the “public organization”);

4. The term “in-plant vocational training” means vocational trainings conducted independently or jointly by a business owner with another business owner;

5. The term “authorized vocational training” means vocational trainings other than public vocational trainings and in-plant vocational trainings, conducted with the authorization of the Minister of Labor;

6. The term “collective training” means vocational trainings conducted by a person who conducts vocational trainings using facilities only for training, which are installed for the purpose of vocational trainings;

7. The term “field training” means vocational trainings conducted using production facilities of an industry;

8. The term “industry and school cooperative training” means vocational trainings closely linked to collective trainings, field trainings and school educations under the Education Act;

9. The term “vocational training instructor” means a person who has obtained the license for vocational training under Article 41, and teaches trainees on vocational trainings, or takes charge of the affairs concerning the vocational training;

10. The term “vocational training corporation” means a nonprofit corporation established for the vocational trainings with the permission of the Minister of Labor; and

11. The term “vocational training facilities” means any facilities established for the purpose of conducting vocational trainings, and those established for the purpose of cultivating vocational training instructors (including colleges established by any school corporation established by any contribution of the Korea Manpower Agency under the Korea Manpower Agency Act).

Article 3(Scope of Application) #

Except the cases as provided otherwise in other Acts, any vocational trainings shall be subject to this Act.

Article 4(Principles of Vocational Training) #

(1) Vocational training shall be systematically conducted by stages through the whole length of worker’s vocational lives.

(2) Vocational trainings shall be conducted with a close relation to school educations under the Education Act and the industrial society.

(3) Vocational trainings for women shall be taken as important.

(4) Vocational trainings for middle-aged and old-aged persons, the handicapped, those who are under livelihood protections, and young people who do not enter a school of higher grade, shall be taken as important. <Amended by Act No. 4331, Jan. 14, 1991>

Article 5(Plan for Vocational Training) #

(1) The Minister of Labor shall establish the plan for vocational training. <Amended by Act No. 5316, Mar. 27, 1997>

(2) The plan for vocational training shall include the following matters:

1. Matters concerning the demand and supply of manpower;

2. Matters concerning the goals of vocational training; and

3. Matters concerning the basic policy of vocational training.

(3) The plan for vocational training shall be established on the basis of a long-term prospect as to the economy, labor market, etc. taking into consideration the manpower demand and supply situations by industry and occupation, working conditions, labor productivity, etc.

Article 6(Vocational Training Deliberative Committee) #

(1) In order to examine and deliberate important matters concerning vocational training in response to the consultation of the Minister of Labor, the Vocational Training Deliberative Committee shall be established in the Ministry of Labor.

(2) Matters necessary for the organization and operation of the Vocational Training Deliberation Committee shall be determined by the Presidential Decree.

Article 7(Classification of Vocational Training) #

Vocational training shall be classified into public, authorized and in-plant vocational training. <Amended by Act No. 3814, May 9, 1986>

Article 8(Courses etc. of Vocational Training) #

(1) The courses of vocational training shall be classified into cultivation training, improvement training, training for change of occupation and retraining, but the training by each course shall be conducted by the methods of collective training, field training or industry and school cooperative training under the conditions as prescribed by the Ordinance of the Ministry of Labor.

(2) The contents of vocational training courses as referred to in paragraph (1), the qualification of trainees for each course, periods of training and other necessary matters shall be determined by the Ordinance of the Ministry of Labor.

[This Article Wholly Amended by Act No. 4331, Jan. 14, 1991]

Article 9(Standards of Vocational Training) #

The standards concerning the curricula, facilities, etc. of vocational trainings shall be determined by the Minister of Labor.

Article 9-2 #

Deleted.<by Act No. 5316, Mar. 27, 1997>

Article 10(Formal Training Agreement) #

(1) Any person who desires to conduct vocational trainings, shall prepare a formal training agreement for the approval of the Minister of Labor under the conditions as prescribed by the Ordinance of the Ministry of Labor, except in the case of vocational trainings for employed workers. <Amended by Act No. 4331, Jan. 14, 1991>

(2) The formal training agreement as referred to in paragraph (1) shall include matters concerning the rights and obligations of trainees, periods and times of training, etc.

Article 11(Protection of Trainees) #

(1) Any person who conducts vocational trainings, may pay training allowances to trainees who receive the vocational trainings in the vocational training facilities established and operated by him. <Amended by Act No. 4639, Dec. 27, 1993>

(2) If a trainee who is under vocational training (excluding those who are subject to the Industrial Accident Compensation Insurance Act), suffers an accident during the training, the person who conducts vocational trainings shall pay him an accident gratuity. In this case, for a trainee of vocational training conducted on commission, the commissioning party shall bear the accident gratuity, but if an accident is caused by the defects of training facilities of the commissioned party or other causes attributable to him, the commissioned party shall pay the accident gratuity.

(3) Matters necessary for the standards and payments of the accident gratuity shall be determined by the Presidential Decree.

Article 11-2(Protection and Support of Vocational Training Corporation) #

(1) The Minister of Labor shall take measures necessary for protecting and supporting a vocational training corporation for the purpose of attaining an activation and sound operation of private vocational trainings.

(2) Matters necessary for the measures to be taken for the protection and support as referred to in paragraph (1) shall be determined by the Ordinance of the Ministry of Labor.

[This Article Newly Inserted by Act No. 4639, Dec. 27, 1993]

Article 12(Commission on Vocational Training) #

(1) Deleted. <by Act No. 5316, Mar. 27, 1997>

(2) Persons who conduct vocational trainings (including educational institutions which are prescribed by the Education Act and which conduct vocational trainings according to the standards as prescribed by this Act) may commission to each other the whole or part of such vocational training: Provided, That the scope of those who are able to conduct under entrustment the in-plant vocational training under Article 24 (1) 1, shall be determined by the Presidential Decree. <Amended by Act No. 3814, May 9, 1986; Act No. 4331, Jan. 14, 1991>

(3) Deleted. <by Act No. 4331, Jan. 14, 1991>

Article 13(Expenses of Training) #

Expenses necessary for vocational training shall be borne by a person who conducts the vocational training (in cases where the vocational training is conducted by entrustment, the entrusting person): Provided, That in the case of public or authorized vocational trainings, it is possible to have trainees to bear the whole or part of expenses necessary for the vocational training with the approval of the Minister of Labor.

[This Article Wholly Amended by Act No. 4331, Jan. 14, 1991]

Article 14(Subsidy for Training Expenses) #

(1) The State may subsidize a person who conducts vocational trainings for expenses necessary for the vocational training and for the examination for technical qualification as referred to in Article 16 under the conditions as prescribed by the Presidential Decree.

(2) If it is deemed necessary to promote vocational trainings, the State may subsidize a person who operates a business related to vocational trainings as prescribed by the Presidential Decree, for expenses necessary for such business.

Article 15(Teaching Materials for Vocational Training) #

(1) In conducting vocational trainings, teaching materials edited or authorized by the State shall be used, except in the cases as prescribed by the Presidential Decree. <Amended by Act No. 4639, Dec. 27, 1993>

(2) Matters necessary for the edition and authorization of teaching materials under paragraph (1) shall be determined by the Ordinance of the Ministry of Labor. <Amended by Act No. 4639, Dec. 27, 1993>

[This Article Wholly Amended by Act No. 4331, Jan. 14, 1991]

Article 16(Examination for Technical Qualification) #

(1) Any person who has completed one of vocational training courses as prescribed in this Act, which is also prescribed by the Presidential Decree, shall undergo an examination for technical qualification under the National Technical Qualification Act.

(2) Expenses necessary for the examination for technical qualification as referred to in paragraph (1) shall be borne by a person who conducts the vocational training only for two times for each item. <Amended by Act No. 4639, Dec. 27, 1993>

Article 17(Obligation of Work) #

Any person who has completed a course of a cultivation training as prescribed in Article 8 (1), shall be employed in the business designated by the person who has conducted the vocational training (in the case of an entrusted training, the entrusting person) for a period corresponding to three times of such training period, within the limit not exceeding five years, except in the case that he bears the total expenses for the vocational training under the proviso of Article 13, or it is prescribed by the Presidential Decree.

[This Article Wholly Amended by Act No. 4639, Dec. 27, 1993]

Article 18(Certificate of Completion) #

Any person who has conducted a vocational training, shall deliver a certificate of completion to persons who have completed the training under the conditions as prescribed by the Ordinance of the Ministry of Labor.

Article 18-2 #

Deleted.<by Act No. 5316, Mar. 27, 1997>

Article 18-3(Cooperation of Business Owner for Industry and School Cooperative Training) #

If a business owner as prescribed in Article 24 (2) receives a request for cooperation with an industry and school cooperative training for students or trainees, or with a field practical training for vocational training instructors, from any school or vocational training institution as prescribed by the Education Act, he shall comply with it, unless there is any justifiable reason.

[This Article Newly Inserted by Act No. 4639, Dec. 27, 1993]

Article 18-4(Title of Vocational Training Institution) #

Any vocational training institution other than the vocational training instructor cultivation institution shall use as its title the term “vocational training center”, “vocational training school”, “vocational technical school”, or “technical college” (limited to the technical college as prescribed by the Technical College Act).

[This Article Newly Inserted by Act No. 4639, Dec. 27, 1993]

Article 19(Establishing of Public Vocational Training Facility) #

If a government agency or a local government desires to establish facilities for public vocational trainings (hereinafter referred to as the “public vocational training facility”), it shall consult with the Minister of Labor, and if a public organization desires to establish public vocational training facilities, it shall obtain an approval of the Minister of Labor.

Article 20(Cancellation of Approval) #

If a person who has obtained the approval to establish a public vocational training facility under Article 19, becomes to fall under any of the following subparagraphs, the Minister of Labor may cancel the approval:

1. Where he has obtained the approval by a false or unlawful means;

2. Where his program does not confirm to the standards of vocational training as referred to in Article 9; and

3. Where he has violated this Act or has not complied with an order issued under this Act.

Article 21(Technical Assistance, etc. of Persons conducting Public Vocational Training) #

(1) Any person who conducts public vocational trainings, may carry out assistance activities related to the vocational trainings, such as activities to promote vocational trainings in the area concerned or other technical assistances to a person who conducts an in-plant or authorized vocational training.

(2) The person who carries out the assistance activities as referred to in paragraph (1), and the scope of such assistances shall be determined by the Presidential Decree. <Newly Inserted by Act No. 4331, Jan. 14, 1991>

Article 22(Authorization for Authorized Vocational Training) #

(1) Any person who desires to conduct authorized vocational training, shall obtain the authorization of the Minister of Labor.

(2) In granting authorization under paragraph (1), the Minister of Labor shall take into consideration the plan for vocational training as referred to in Article 5, and examine whether or not it conforms to the vocational training standards as referred to in Article 9. <Amended by Act No. 5316, Mar. 27, 1997>

(3) The qualifications for the person who desires to conduct an authorized vocational training under paragraph (1), matters to be authorized, procedure of authorization, other matters necessary for authorization shall be determined by the Ordinance of the Ministry of Labor. <Newly Inserted by Act No. 4331, Jan. 14, 1991>

[This Article Wholly Amended by Act No. 3814, May 9, 1986]

Article 23(Cancellation of Authorization for Vocational Training) #

If a person who conducts an authorized vocational training, falls under any of the following subparagraphs, the Minister of Labor may cancel the authorization:

1. Where he has obtained the authorization by a false and other unlawful means;

2. Where his program does not confirm to the vocational training standards as prescribed in Article 9;

3. Where he fails to open the training program within two months from the predetermined commencement day of training without any justifiable reason;

4. Where he has discontinued the training consecutively for not less than two months without any justifiable reason;

5. Where he operates the vocational training program in a false or other unlawful manner, or his operational results are unsatisfiable;

6. Where he has made an exaggerated or false advertisement for recruiting trainees, etc.; and

7. Where he has violated this Act or has not complied with an order issued under this Act.

[This Article Wholly Amended by Act No. 3814, May 9, 1986]

Article 24(Obligation for Conducting Vocational Training, etc.) #

(1) The business owner shall conduct the following vocational trainings or vocational training associated activities:

1. In-plant vocational training;

2. Assistance in vocational training for a person who conducts other vocational trainings as designated by the Minister of Labor;

3. Assistance in vocational training for workers employed by the business owner, if the workers are under education and training at an education and training institution as designated by the Minister of Labor; and

4. Establishment of facilities and purchase of equipments necessary for vocational training.

(2) The business owner who is to conduct vocational trainings or vocational training associated activities under paragraph (1) shall be a business owner of the following industries the content, scale, etc. of which are beyond the standards as prescribed by the Presidential Decree:

1. Mining industry;

2. Manufacturing;

3. Electricity, gas and waterworks;

4. Construction;

5. Transportation, warehouse and communication; and

6. Services.

(3) Of those as referred to in paragraph (2), a business owner of an enterprise designated by the Minister of Labor who deems it necessary especially to conduct in-plant vocational trainings by industry and scale taking into consideration the situations of demand and supply of manpower, shall preferentially conduct an in-plant vocational training as referred to in paragraph (1) 1. <Amended by Act No. 4331, Jan. 14, 1991>

(4) When the Minister of Labor desires to designate the enterprise as referred to in paragraph (3), he shall publicly notify it through the deliberation of the Vocational Training Deliberative Committee. <Newly Inserted by Act No. 4331, Jan. 14, 1991>

[This Article Wholly Amended by Act No. 3814, May 9, 1986]

Article 25(Scope of Expenses to be used for Vocational Training, etc.) #

(1) Expenses to be used by a business owner as referred to in Article 24 (2) for vocational trainings or vocational training associated activities shall be more than the amount calculated according to a ratio as fixed and publicly notified by industry and scale each year by the Minister of Labor through the deliberation of the Vocational Training Deliberative Committee taking into consideration the manpower demand and supply situations, etc. in the limit not exceeding 20/1,000 of the total wage to be paid to the worker concerned in that year.

(2) The total wage as referred to in paragraph (1) shall be calculated on the basis of the wage as prescribed in Article 18 of the Labor Standards Act, but if it is deemed difficult to determine the wage in such a way, it shall be calculated on the basis of the amount as separately fixed and publicly notified by the Minister of Labor, taking such amount as the wage.

(3) The Minister of Labor may limit the amounts of expenses to be used for activities as referred to in Article 24 (1) 2 through 4 of those calculated under paragraph (1).

(4) The basis of expenses to be used for vocational trainings or vocational training associated activities under paragraph (1) shall be determined by the Minister of Labor.

[This Article Wholly Amended by Act No. 3814, May 9, 1986]

Article 26(Plan of Vocational Training, etc.) #

(1) Any business owner as referred to in Article 24 (2) shall establish each year a plan of vocational training or vocational training associated activities on the basis as determined by the Ordinance of the Ministry of Labor, and report it to the Minister of Labor: Provided, That the in-plant vocational training plan shall be approved by the Minister of Labor.

(2) If a business owner desires to modify in the year a plan which has already been reported or approved under paragraph (1), due to an alteration of business scale, suspension or discontinuance of business, or other reasons as deemed justifiable by the Minister of Labor, he shall report it or obtain an approval for such modification.

(3) In approving an in-plant vocational training plan or a modification thereof under the proviso of paragraph (1) and paragraph (2), the Minister of Labor shall examine whether or not the contents of the plan conform to the vocational training standards as prescribed in Article 9, and if not, he may refuse to approve it.

(4) If a person who has obtained an approval for the in-plant vocational training plan, becomes to fall under any of the following subparagraphs, the Minister of Labor may cancel the approval:

1. Where it turns out that he has obtained the approval by a false or other unlawful way;

2. Where he has conducted the training in contravention of the vocational training standards as prescribed in Article 9; and

3. Where he fails to conduct the training according to the training plan without any justifiable reason.

[This Article Wholly Amended by Act No. 3814, May 9, 1986]

Article 27(Training for Employees) #

(1) The business owner shall guarantee workers whom he employs, an opportunity to equally receive vocational trainings.

(2) A vocational training which employees receive under a vocational training plan or a vocational training associated activities plan, shall be considered as a provision of labor.

(3) Notwithstanding the provisions of the Labor Standards Act, the matters concerning working times and wages during the period of vocational training of employees may be separately determined by the Presidential Decree.

[This Article Wholly Amended by Act No. 3814, May 9, 1986]

Article 28(Vocational Training Contribution) #

(1) If the expenses to be used for vocational trainings or vocational training associated activities according to the plan as referred to in Article 26 (1) are short of the amounts calculated under Article 25 (1), the business owner as referred to in Article 24 (2) shall pay the difference as a vocational training contribution (hereinafter referred to as the “contribution”) to the Minister of Labor.

(2) Any person who obtains an approval for an in-plant vocational training plan under Article 26, when the approval cancelled, shall additionally pay as a contribution the total amounts to be used for the initial in-plant vocational training plan.

(3) When a business owner obtains an approval for modification of a vocational training or a vocational training associated activities plan or makes a report on a modification of the plan under Article 26 (2), if the contribution newly calculated under paragraph (1) due to such a modification exceeds the amounts already paid as a contribution, he shall additionally pay the difference, and if it is short of the amounts already paid as a contribution, he may request to return the difference.

[This Article Wholly Amended by Act No. 3814, May 9, 1986]

Article 28-2(Measures to be Taken upon Contravention of Liability for Conducting Preferentially In-Plant Vocational Training) #

(1) If a business owner who is liable to preferentially conduct an in-plant vocational training under Article 24 (3), fails to do it, he shall additionally pay the amounts publicly notified by the Minister of Labor through the deliberation of the Vocational Training Deliberative Committee within the limit not exceeding 50/100 of the contribution to be paid by him under Article 28 (1) through (3).

(2) The payment of the amounts to be additionally paid under paragraph (1), the collection of additional dues for the said amounts and arrearages shall be subject to the examples as prescribed in Articles 29 through 32.

[This Article Newly Inserted by Act No. 4331, Jan. 14, 1991]

Article 29(Payment, etc. of Contribution) #

(1) The contribution to be paid under Article 28 (1) shall be reported and paid to the Minister of Labor by March 31, each year; that to be additionally paid under Article 28 (2), within ten days from the day on which the approval is cancelled; and that to be paid due to the modification of a vocational training or a vocational training associated activities plan under Article 28 (3), within ten days from the day on which the modification of the plan is approved or at the time of reporting on the modification.

(2) If a person liable for paying a contribution fails to report and pay the contribution within the period as prescribed in paragraph (1), the Minister of Labor may investigate it ex officio, and collect the contribution.

(3) If the Minister of Labor deems that the amounts of contribution reported and paid by the person liable for paying it are different from those to be actually paid, he shall investigate it ex officio, and collect or return the difference.

(4) In cases where a contribution is collected under paragraphs (2) and (3), the period of payment shall be ten or more days.

(5) The contribution may be paid in installments under the conditions as prescribed by the Presidential Decree.

[This Article Wholly Amended by Act No. 3814, May 9, 1986]

Article 30(Liquidation, etc. of Expenses and Contribution of Vocational Training, etc.) #

(1) A business owner as referred to in Article 24 (2) shall liquidate the expenses and contributions used for vocational trainings or vocational training associated activities under the conditions as prescribed by the Ordinance of the Ministry of Labor, and report it to the Minister of Labor with materials for liquidation by Mar. 31, of the following year.

(2) If the amounts already paid as a contribution under Article 28 exceed the amounts of contribution settled as a result of the liquidation under paragraph (1), the business owner may request a refund of the difference or carrying forward to a contribution of the following year, and if it is short of the amounts of contribution, he shall additionally pay the difference as a contribution at the time of report.

(3) If a business owner fails to make a report under paragraph (1) or the contents of his report are different from the fact, the Minister of Labor shall investigate it ex officio and settle the contribution. If the already paid amounts exceed the contribution amounts settled as a result of an investigation, the difference shall be refunded, and if it is short of the contribution amounts, the difference shall be additionally collected as a contribution, but a payment period shall be not less than ten days.

(4) If the amounts used by a business owner for vocational trainings or vocational training associated activities exceed the amounts calculated under Article 25 (1), the Minister of Labor may, upon a request of the enterpriser, reduce the excess amounts from the amounts to be used for the vocational trainings or vocational training associated activities only for the following year.

[This Article Wholly Amended by Act No. 3814, May 9, 1986]

Article 31(Collection of Additional Dues) #

In cases where the Minister of Labor collects a contribution under Articles 29 (2), (3) and 30 (3), he shall collect as additional dues the amounts equivalent to 10/100 of the contribution to be paid.

[This Article Wholly Amended by Act No. 3814, May 9, 1986]

Article 32(Collection of Arrearage) #

(1) If a person liable for payment of the contribution fails to pay it until the time limit of its payment, the Minister of Labor shall collect the arrearage equivalent to 5/100 for the contribution in arrears.

(2) If the person liable for payment of the contribution fails to pay the contribution in arrears for one month or longer after the time limit of its payment expires, the arrearage equivalent to 2/100 of the contribution in arrears shall be collected at each time when on month elapses in addition to the arrearage as referred to in paragraph (1). In this case, the sum of arrearage shall not exceed 20/100.

(3) In the event that there is any natural disaster, terrestrial upheaval or other inevitable reason as prescribed by the Presidential Decree, the Minister of Labor may collect no arrearage under paragraphs (1) and (2).

[This Article Wholly Amended by Act No. 4331, Jan. 14, 1991]

Article 33(Notification of Payment) #

If the Minister of Labor desires to collect dues as prescribed in this Act, he shall notify in a written statement the amounts and the term of payment to a person liable for payment under the conditions as prescribed by the Ordinance of the Prime Minister of Labor.

[This Article Wholly Amended by Act No. 3814, May 9, 1986]

Article 34(Urging to Pay) #

(1) If a person liable for payment fails to pay a contribution and other dues as prescribed in this Act, the Minister of Labor shall urge the person to pay them within a prescribed period.

(2) If the Minister of Labor makes a demand under paragraph (1), he shall issue a demand note. In this case, the period of payment shall be not less than ten days.

(3) If a person who receives a demand note under paragraph (1), fails to pay a contribution and other dues as prescribed in this Act within the payment period, the Minister of Labor may collect them according to the examples of disposition for the national taxes in arrears.

Article 35(Service of Documents) #

With respect to a service of documents concerning a contribution and other dues as prescribed in this Act, the provisions of Articles 8 through 12 of the Framework Act on National Taxes shall be applicable.

Article 36(Prescription) #

(1) If the right to collect a contribution and other dues as prescribed in this Act is not exercised in three years, an extinctive prescription shall be completed.

(2) The extinctive prescription as referred to in paragraph (1) shall be suspended by the following reasons:

1. A notification of payment under Article 33;

2. A demand to payment under Article 34 (1); and

3. A request for delivery made according to the procedures of disposition for arrears under Article 34 (3).

(3) The extinctive prescription suspended under paragraph (2) shall newly run at the expiration of the following periods:

1. The term of payment notified under Article 33;

2. The urged term of demanded payment; and

3. The period of request for delivery.

Article 37(Applicable Provisions) #

Except as provided otherwise in this Act, the provisions of the Civil Act shall be applicable to the prescription of a contribution and other dues.

Article 38(Deficits Disposition) #

In the following cases, the Minister of Labor shall dispose as deficits the contribution and other dues as prescribed in this Act of the delinquent person:

1. Where a disposition for arrears is terminated, and the amounts allocated for covering the amounts in arrears is less than the latter;

2. Where the case falls under the provisions of Article 36 (1); and

3. Where the case falls under matters as prescribed by the Presidential Decree.

Article 39(Management and Operation of Contribution) #

Contributions shall be used for activities to promote vocational trainings, but matters necessary for their management and operation shall be determined by the Act.

Article 40(Preferential Assignment of Trainees Completing Training Course) #

If a person who has paid a contribution, requests the assignment of trainees completing a training course, the person who conducts public vocational training, shall assign preferentially trainees completing courses to him within the limit as prescribed by the Ordinance of the Ministry of Labor. <Amended by Act No. 4331, Jan. 14, 1991>

Article 41(Vocational Training Instructors) #

(1) Vocational training instructors shall be classified into collective training instructors and field training ones, and shall be those holding licenses of the Minister of Labor: Provided, That if it is deemed necessary to execute a new technology trainings, new occupational trainings, and other trainings as prescribed by the Presidential Decree, it may be allowed to have a person other than those holding a license for the vocational training instructor’s license, instruct trainees. <Amended by Act No. 4331, Jan. 14, 1991; Act No. 4639, Dec. 27, 1993>

(2) The qualifications and procedures of a vocational training instructor’s license and other necessary matters shall be determined by the Presidential Decree.

(3) Deleted. <by Act No. 4331, Jan. 14, 1991>

Article 41-2(Cultivation Facilities and Training Courses of Vocational Training Instructors) #

(1) The State or a public agency and a juristic person or organization designated by the minister of Labor may install and operate facilities or courses for educating vocational training instructors. <Amended by Act No. 4639, Dec. 27, 1993>

(2) Matters necessary for installing and operating facilities or courses for educating vocational training instructors as referred to in paragraph (1) shall be determined by the Presidential Decree.

[This Article Newly Inserted by Act No. 4331, Jan. 14, 1991]

Article 42(Disqualification) #

Any person who falls under any of subparagraphs of Article 33 of the State Public Officials Act, shall not be a vocational training instructor.

Article 43(Cancellation of License) #

If a person holding a vocational training instructor’s license is to be disqualified under Article 42, the Minister of Labor shall cancel the license, and if he has committed an act against the dignity as prescribed by the Presidential Decree, the Minister of Labor may cancel the license.

Article 44(Prohibition of Use of Similar Title) #

Any facility other than vocational training facilities under this Act shall not use the titles of the vocational training center, the special vocational school or other similar titles. <Amended by Act No. 4639, Dec. 27, 1993>

Article 45(Report and Inspection) #

(1) The Minister of Labor may, if necessary, order a person who conducts vocational trainings or liable to conduct vocational training or vocational training associated activities under the conditions as prescribed by the Presidential Decree (including those who pay a contribution), to make a necessary report and present related documents, or he may have a public official concerned enter a business place or a place where vocational trainings are conducted, and ask questions to the interested persons or inspect related documents. <Amended by Act No. 3814, May 9, 1986>

(2) In cases as referred to in paragraph (1), the public official shall present to the interested persons a certificate indicating his authority.

Article 46(Fee) #

Any person who is granted a vocational training instructor’s license, shall pay a fee under the conditions as prescribed by the Ordinance of the Ministry of Labor.

Article 46-2(Hearing) #

If the Minister of Labor desires to take a disposition that falls under any of the following subparagraphs, he shall hold a hearing:

1. Revocation of the approval on establishment of public vocational training facilities under Article 20;

2. Revocation of the authorization on authorized vocational training under Article 23;

3. Revocation of the approval on in-plant vocational training plans under Article 26 (4); and

4. Revocation of a vocational training instructor’s license under Article 43.

[This Article Wholly Amended by Act No. 5453, Dec. 13, 1997]

Article 46-3(Delegation and Entrustment of Authority) #

The Minister of Labor may delegate a part of his authority as prescribed by this Act to the head of a regional labor agency, or entrust the president of the Korea Industrial Manpower Management Corporation with it, under the conditions as prescribed by the Presidential Decree.

[This Article Newly Inserted by Act No. 4331, Jan. 14, 1991]

Article 47(Enforcement Decree) #

Matters necessary for the enforcement of this Act shall be determined by the presidential Decree.

Article 48(Penal Provisions) #

Any person who falls under any of the following subparagraphs, shall be punished by a fine not exceeding one million won: <Amended by Act No. 3814, May 9, 1986; Act No. 4331, Jan. 14, 1991>

1. A person who has violated the provisions of Article 11 (2);

2. A person who has trainees bear training expenses without obtaining an approval under the proviso of Article 13; and

3. Deleted. <by Act No. 4639, Dec. 27, 1993>

Article 49(Fine for Negligence) #

(1) Any person who falls under any of the following subparagraphs, shall be punished by a fine for negligence not exceeding one million won: <Amended by Act No. 4331, Jan. 14, 1991; Act No. 4639, Dec. 27, 1993>

1. A person who conducts vocational trainings without obtaining approval of the Minister of Labor with a written contract of training under Article 10 (1);

2. A person who fails to be employed in a designated business under Article 17;

3. A person who fails to make a report as prescribed in Article 30 (1), or who makes a false report;

4. A person who has violated the provisions of Article 44; and

5. A person who fails to make a report under Article 45 (1) or made a false report, who fails to comply with an order to present related documents, who refuses to answer questions of a public official concerned or answers falsely, or who refuses, interferes with or evades an inspection.

(2) The fine for negligence as referred to in paragraph (1) shall be imposed and collected by the Minister of Labor under the conditions as prescribed by the Presidential Decree.

(3) Any person who is dissatisfied with the disposition of the fine for negligence under paragraph (2) may raise an objection against the Minister of labor within thirty days after he is informed of such a disposition.

(4) If a person who is subject to the disposition of the fine for negligence under paragraph (2), has raised an objection under paragraph (3), the Minister of Labor shall notify it without delay to the competent court, which holds, upon such a notification, a trial of the case under the Non-Contentious Case Procedure Act.

(5) If an objection is not raised and the fine for negligence is not paid within a period as referred to in paragraph (3), it shall be collected according to the examples of disposition for national taxes in arrears.

[This Article Wholly Amended by Act No. 3814, May 9, 1986]

Article 50(Joint Penal Provisions) #

If a representative of a juristic person or an agent, servant or other employee of a juristic person or individual has committed an offense as prescribed in Article 48 with respect to the affairs of the juristic person or individual, the fine as prescribed in the said Article shall also be imposed on such juristic persons or individuals, in addition to the punishment of an actual offender.