Article 1(Purpose) #
The purpose of this Act is to contribute to the prevention of labor-management conflicts and the establishment of sound labor-management relations by establishing the Korea Employment and Labor Educational Institute and providing employment and labor education to parties to labor-management relations, persons engaged in employment and labor-related affairs, and the general public, thereby broadening awareness of labor rights, enhancing the expertise of those engaged in employment and labor-related business affairs, and improving the ability to resolve labor-management issues.
Article 2(Legal personality) #
The Korea Employment and Labor Educational Institute (hereinafter referred to as the "Educational Institute") shall be a corporation.
Article 3(Establishment) #
(1) The Educational Institute shall be established by registering its establishment at the location of its main office.
(2) Matters to be registered under paragraph (1) shall be as follows:
1. Purpose;
2. Name;
3. Location of the main office;
4. Names and addresses of executive officers;
5. The methods of public announcement.
Article 4(Office) #
(1) The location of the main office of the Educational Institute shall be prescribed by the articles of incorporation.
(2) The Educational Institute may, if necessary, establish branch offices with approval from the Minister of Employment and Labor.
Article 5(Articles of incorporation) #
(1) The Educational Institute’s articles of incorporation shall include the following:
1. Purpose;
2. Name;
3. Matters relating to the main office and branch offices;
4. Matters relating to projects and the execution thereof;
5. Matters relating to assets and accounting;
6. Matters relating to executive officers and employees;
7. Matters relating to the board of directors;
8. Matters relating to amendments to the articles of incorporation;
9. Matters relating to enactments, amendments, and repeals of the internal regulations;
10. Matters relating to public announcement.
(2) If the Educational Institute intends to amend its articles of incorporation, it shall obtain authorization from the Minister of Employment and Labor.
Article 6(Projects) #
(1) The Educational Institute shall perform the following projects: <Amended on Jun. 10, 2022>
1. Providing employment and labor education for workers and business owners;
2. Providing job training for persons engaged in employment and labor-related affairs, such as public officials involved in employment and labor administration;
3. Providing education on labor rights and the protection of workers' rights for the public, including juveniles and youth;
4. Supporting employment and labor education projects conducted by persons other than the Educational Institute;
5. Researching, developing, disseminating, and managing employment and labor education programs;
6. Training and managing experts in the field of employment and labor;
7. Promoting and providing counseling related to employment and labor education;
8. Collecting data, compiling statistics, and publishing materials related to employment and labor education, both domestically and internationally;
9. Engaging in international cooperation in employment and labor education;
10. Conducting projects incidental to those specified in subparagraphs 1 through 9;
11. Performing projects entrusted by the Minister of Employment and Labor or the heads of other central administrative agencies or local governments, as deemed necessary.
(2) When the Educational Institute performs the projects referred to in paragraph (1), it may have the beneficiaries bear the actual expenses with the approval of the Minister of Employment and Labor.
Article 7(Composition of executive officers) #
(1) The Educational Institute shall have not more than 15 directors, including 1 President and 1 Vice President, and 1 auditor as its executive officers.
(2) Executive officers other than the President and the Vice President shall serve on a non-standing basis.
(3) The President shall be appointed by the Minister of Employment and Labor from among candidates recommended by the Committee for Recommendation of Executive Officers under Article 29 of the Act on the Management of Public Institutions.
(4) Article 26 (2) through (4) of the Act on the Management of Public Institutions shall apply to the appointment and dismissal of the Vice President, non-standing directors, and the auditor.
(5) The President shall hold office for a term of 3 years, and the directors, including the Vice President, and the auditor, shall serve a term of 2 years, and they may be reappointed on an annual basis.
Article 8(Business affairs of executive officers) #
(1) The President shall represent the Educational Institute, exercise general supervision over its affairs, and direct and supervise its employees.
(2) If the President is unable to perform his or her business affairs due to any unavoidable cause, the Vice President shall act on behalf of the President, as stipulated in the articles of incorporation, and if no Vice President is available or able to do so, an executive officer prescribed by the articles of incorporation shall act on behalf of the President.
(3) Directors shall deliberate on agenda items submitted to the board of directors and participate in the resolution thereof, and the Vice President shall execute the Educational Institute’s business affairs as prescribed by the articles of incorporation.
(4) The auditor shall inspect and audit the Educational Institute's business affairs and accounting under the accounting standards referred to in Article 32 (5) of the Act on the Management of Public Institutions and submit his or her opinion to the board of directors.
Article 9(Grounds for disqualification of executive officers) #
No person falling under any subparagraph of Article 34 (1) of the Act on the Management of Public Institutions shall become an executive officer of the Educational Institute.
Article 10(Restrictions on concurrent holding of offices by executive officers and employees) #
(1) The President, Vice President, and employees of the Educational Institute shall not engage in any business affairs for profit other than their business affairs.
(2) The President and the Vice President may engage in non-profit activities if they have obtained permission from the appointing authority, and employees may engage in such non-profit activities if they have obtained permission from the President.
Article 11(Appointment and dismissal of employees) #
Employees of the Educational Institute shall be appointed or dismissed by the President, as prescribed by the articles of incorporation.
Article 12(Board of directors) #
(1) The board of directors shall be established in the Educational Institute to deliberate and resolve on matters referred to in the subparagraphs of Article 17 (1) of the Act on the Management of Public Institutions.
(2) The board of directors shall be comprised of directors, including the President and the Vice President.
(3) The President shall serve as the chairperson 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.
Article 13(Operating funds) #
The Educational Institute shall be established and operated with contributions under Article 14 and other revenues.
Article 14(Contributions) #
(1) The Government may provide contributions, within the budget, to cover expenses incurred in the establishment and operation of the Educational Institute.
(2) Matters necessary for the payment, use, etc. of contributions under paragraph (1) shall be prescribed by Presidential Decree.
Article 15(Gratuitous lending of State properties) #
If necessary for establishing and operating the Educational Institute, the Government may gratuitously transfer or lend State property, or allow the Educational Institute to use or profit from State property under the Act on Restriction on Special Cases concerning State Property.
Article 16(Business year) #
The business year of the Educational Institute shall align with the Government’s fiscal year.
Article 17(Approval of business plans and budget bills) #
(1) The Educational Institute shall prepare a business plan and a budget bill for each business year and obtain approval from the Minister of Employment and Labor, as prescribed by Presidential Decree. The same shall also apply to any modification thereof.
(2) The Educational Institute shall prepare a settlement of accounts of revenue and expenditure for each business year, select an accounting corporation established in accordance with Article 23 of the Certified Public Accountant Act to conduct an audit of the settlement, and submit the settlement of accounts to the Minister of Employment and Labor within 2 months after the end of each fiscal year.
Article 18(Guidance and supervision of business affairs) #
(1) The Minister of Employment and Labor shall guide and supervise the Educational Institute.
(2) The Minister of Employment and Labor may require the Educational Institute to report matters relating to its affairs, accounting, and property, or have public officials under his or her jurisdiction inspect books, documents, and other articles of the Educational Institute.
(2) A public official conducting an inspection under paragraph (1) shall carry identification verifying his or her authority, and present to relevant persons.
(4) If any unlawful or unjust act is found as a result of receiving a report or conducting an inspection under paragraph (2), the Minister of Employment and Labor may request the Educational Institute to take corrective measures or order it to take other necessary measures.
Article 19(Request for secondment of employees) #
(1) The Educational Institute may, when necessary to achieve its objectives, request, with the approval of the Minster of Employment and Labor, the secondment of its employees to State agencies, local governments, research institutes, or public organizations.
(2) Upon receiving a request for secondment of employees under paragraph (1), the head of a State agency, etc. may second employees under his or her jurisdiction to the Educational Institute.
Article 20(Confidentiality) #
A person who is or was an executive officer or employee of the Educational Institute must not divulge any confidential information acquired in the course of performing his or her duties.
Article 21(Prohibition of use of a similar name) #
Any person that is not the Educational Institute under this Act must not use the name "Korea Employment and Labor Educational Institute" or any other name similar thereto.
Article 22(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.
Article 23(Legal fiction as public officials for purposes of applying penalty provisions) #
The executive officers and employees of the Educational Institute shall be deemed to be public officials for purposes of applying Articles 129 through 132 of the Criminal Act.
Article 24(Penalty provisions) #
A person who divulges confidential information acquired in the course of performing his or her duties, in violation of Article 20, shall be punished by imprisonment with labor for not more than 2 years or by a fine not exceeding 20 million won.
Article 25(Administrative fines) #
(1) Any person who uses the name Korea Employment and Labor Educational Institute or any other name similar thereto, in violation of Article 21, shall be subject to an administrative fine not exceeding 5 million won.
(2) The administrative fines under paragraph (1) shall be imposed and collected by the Minister of Employment and Labor, as prescribed by Presidential Decree.