Act On The Development Of Workplace Skills Of Workers


Published: 2013-03-23

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CHAPTER I GENERAL PROVISIONS
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 Article 1 (Purpose)   print
The purpose of this Act is to facilitate and stabilize the employment of workers and to improve their social and economic status by facilitating and supporting the development of workplace skills throughout their lifetime, educating the technical and skilled manpower necessary for industrial field, and performing the business that pertains to industrial and educational cooperation with aims of improving the productivity of enterprises and contributing to social and economic development. <Amended by Act No. 10337, May 31, 2010>
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 Article 2 (Definitions)   print
The terms used in this Act shall be defined as follows: <Amended by Act No. 10337, May 31, 2010; Act No. 10339, Jun. 4, 2010; Act No. 11272, Feb. 1, 2012>
1. The term "workplace skill development training" means training conducted to help workers acquire and improve their abilities to perform their respective work, which are necessary for them to do jobs;
2. The term "workplace skill development project" means any project conducting surveys or research related to workplace skill development training, development of courses and media for workplace skill development training and workplace skill development;
3. The term "workplace skill development training establishment" means any of the following establishments:
(a) Public occupational training establishments: Establishments established by the State, local governments or public organizations prescribed by Presidential Decree (hereinafter referred to as "public organizations") to conduct workplace skill development training after consulting with the Minister of Employment and Labor or obtaining approval therefor from the Minister of Employment and Labor under Article 27;
(b) Designated occupational training establishments: Establishments, such as occupational training institutes and vocational training schools founded and established to conduct workplace skill development training and designated by the Minister of Employment and Labor under Article 28;
4. The term "worker" means any person employed by a business operator and any person who intends to take a job;
5. The term "polytechnic college" means a junior college as defined in subparagraph 4 of Article 2 of the Higher Education Act, which is an education and training institution that operates curricula for multi-functional technicians or advanced major courses under Article 40 as a degree course along with professional training curricula as an annex.
[This Article Wholly Amended by Act No. 9316, Dec. 31, 2008]
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 Article 3 (Basic Principles of Workplace Skill Development Training)   print
(1) Workplace skill development training shall be systematically conducted in such a manner that conforms to an individual worker's hope, aptitude and abilities over his/her lifetime.
(2) Workplace skill development training shall be conducted in such a manner that the autonomy and creativity of private sectors are respected based on participation and cooperation between labor and management.
(3) Workplace skill development training shall be conducted in such a manner that workers shall not be discriminated on the grounds of gender, age, physical conditions, forms of employment, religion, social status, etc. but shall be guaranteed equal opportunity.
(4) Emphasis shall be placed on workplace skill development training conducted for any of the following persons: <Amended by Act No. 11042, Sep. 15, 2011>
1. Senior citizens and persons with disabilities;
2. Persons eligible for assistance under the National Basic Living Security Act;
3. Persons who have rendered distinguished service to the State, their bereaved family members or their family members under the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State, or persons eligible for veteran's compensation, their bereaved family members or their family members under the Act on Support for Persons Eligible for Veteran’s Compensation;
4. Persons who have rendered distinguished service to the 5ㆍ18 Democratization Movement, their bereaved family members or their family members under the Act on the Honorable Treatment of Persons of Distinguished Service to the 5ㆍ18 Democratization Movement;
5. Discharged soldiers or other persons scheduled to be discharged from military service under the Support for Discharged Soldiers Act;
6. Female workers;
7. Workers of small or medium enterprises as defined in the Framework Act on Small and Medium Enterprises (hereinafter referred to as "small or medium enterprise");
8. Workers engaged in a production line in the manufacturing industry;
9. Daily-employed workers, part-time workers, workers who have signed a contract to work for a specified period and workers employed for temporary projects;
10. Temporary agency workers as provided for in the Act on the Protection, etc. of Temporary Agency Workers.
(5) Workplace skill development training shall be closely interrelated with school education provided under education-related Acts and industrial fields.
[This Article Wholly Amended by Act No. 9316, Dec. 31, 2008]
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 Article 4 (Responsibilities of State, Business Operators, etc.)   print
(1) The State and local governments shall formulate policies necessary to facilitate and support workplace skill development projects conducted by business operators, business operators' associations, workers' associations, etc. and workplace skill development training, etc. voluntarily taken by workers in order to develop workplace skills over their lifetime. In such cases, the State may provide the support necessary for enforcing policies formulated by local governments. <Amended by Act No. 10337, May 31, 2010>
(2) Business operators shall conduct workplace skill development training for their workers, encourage many workers to participate in workplace skill development training and endeavor to create an environment for workplace skill development training by providing workers leave for development of workplace skills or selection and appoint persons in charge of human resource development (referring to persons in charge of planning, operating and evaluating workplace skill development projects in workplace skill development training establishments, enterprises, etc.; hereinafter the same shall apply).
(3) Workers shall endeavor to develop their workplace skills according to their aptitudes and abilities and cooperate in workplace skill development projects implemented by the State, local governments, business operators, etc.
(4) Business operators' organizations, workers' organizations and a development council for human resources by industrial department under Article 12 (2) of the Industrial Development Act (hereinafter referred to as "Development Council for Human Resources by Industrial Department"), etc. shall make necessary efforts for demand research, etc. of training for workplace skill development by industrial department so that training for workplace skill development satisfies the demand of industrial field. <Newly Inserted by Act No. 10337, May 31, 2010>
(5) Anyone who conducts workplace skill development training shall endeavor to have workers take workplace skill development training suitable for their aptitudes and abilities by rendering counseling services regarding workplace skill development training and guidance services for obtaining jobs and preparing selection criteria, etc. <Amended by Act No. 10337, May 31, 2010>
[This Article Wholly Amended by Act No. 9316, Dec. 31, 2008]
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 Article 5 (Formulation of Master Plans for Workplace Skill Development)   print
(1) The Minister of Employment and Labor shall consult with the head of a relevant central administrative agency, and formulate and implement a master plan on promotion for developing workplace skills of workers (hereinafter referred to as "Master Plan for Developing Workplace Skills") every five years, following the deliberation of Council for Employment Policy Consultation under Article 10 (1) of the Framework Act on Employment Policy. <Amended by Act No. 10337, May 31, 2010; Act No. 10339, Jun. 4, 2010>
(2) The Master Plan for Developing Workplace Skills shall include the following matters: <Amended by Act No. 10337, May 31, 2010>
1. A basic plan of policies for developing workplace skills;
2. Matters concerning supply and demand of workplace skill development training that reflect trends and prospects of supply and demand of human resources under Article 16 of the Framework Act on Employment Policy;
3. Matters concerning support of workplace skill development training conducted voluntarily by workers;
4. Matters concerning support of workplace skill development projects that a business operator conducts for workers;
5. Matters concerning support of workplace skill development projects by workers' organizations, business operators' organizations, the Development Council for Human Resources by Industrial Department, etc.;
6. Matters concerning education of manpower necessary for continuous development of national economy in consideration of trends of industrial development and demand for and supply of manpower in job market;
7. Matters concerning making conditions for workplace skill development training such as establishing the standard of workplace skill development training under Article 8, fostering and supporting teachers of workplace skill development training and the person in charge of manpower development, developing and disseminating media and methods of workplace skill development training, etc.;
8. Matters concerning connecting workplace skill development training with its qualifications;
9. Matters concerning evaluation of workplace skill development projects;
10. Matters deemed necessary for conducting workplace skill development projects in order to boost and stabilize the employment of workers.
(3) Where the Minister of Employment and Labor intends to develop a master plan for developing workplace skills, he/she shall hear opinions of relevant organizations, associations, etc., such as business operators'associations and workers'associations may request the heads of administrative agencies concerned, local governments and public organizations (hereinafter referred to as "heads, etc. of administrative agencies concerned") to submit material if deemed necessary. <Amended by Act No. 10337, May 31, 2010; Act No. 10339, Jun. 4, 2010>
[This Article Wholly Amended by Act No. 9316, Dec. 31, 2008]
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 Article 6 (Building Information Network for Developing Workplace Skills)   print
(1) The Minister of Employment and Labor shall build an information network for developing workplace skills to collect, manage and furnish information regarding workplace skill development, to manage workers' history of workplace skill development and to efficiently connect qualifications with workplace skill development. <Amended by Act No. 10337, May 31, 2010; Act No. 10339, Jun. 4, 2010>
(2) The Minister of Employment and Labor may request anyone who conducts workplace skill development projects or heads of relevant administrative agencies, etc. to submit materials necessary to build and operate the information network for developing workplace skills. Anyone who conducts workplace skill development projects or heads of relevant administrative agencies shall fully cooperate with such requests unless special grounds exist to the contrary. <Amended by Act No. 10337, May 31, 2010; Act No. 10339, Jun. 4, 2010>
(3) The Minister of Employment and Labor shall take measures necessary for the heads of relevant administrative agencies, etc. to perform their duties by using the information network for developing workplace skills. <Newly Inserted by Act No. 10337, May 31, 2010; Act No. 11272, Feb. 1, 2012>
[This Article Wholly Amended by Act No. 9316, Dec. 31, 2008]
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 Article 7 (Survey and Research concerning Workplace Skill Development)   print
The Minister of Employment and Labor may perform surveys, research and development necessary to formulate policies and improve systems for workers' workplace skill development. <Amended by Act No. 10339, Jun. 4, 2010>
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 Article 8 (Standards for Workplace Skill Development Training)   print
(1) The Minister of Employment and Labor may establish standards for technology, resources, operation, etc. relevant to workplace skill development training (hereinafter referred to as "standards for workplace skill development training") so that workplace skill development training is interchangeable, recognizable and exchangeable. <Amended by Act No. 10339, Jun. 4, 2010>
(2) The Minister of Employment and Labor shall, when he/she intends to establish standards for workplace skill development training, hear opinions of relevant organizations, associations, etc., such as business operators'associations and workers' associations, etc. <Amended by Act No. 10339, Jun. 4, 2010>
(3) Necessary matters concerning procedures, etc. for establishing standards for workplace skill development training under paragraph (1) shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9316, Dec. 31, 2008]
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 Article 9 (Training Contracts and Rights and Obligations)   print
(1) Business operators and workers who intend to take workplace skill development training may conclude a training contract specifying rights, obligations, etc. resulting from workplace skill development training.
(2) Business operators may, when concluding a training contract under paragraph (1), have their workers who take the relevant workplace skill development training engage in the duty designated by the relevant business operators for a fixed period after they complete such training. In such cases, the fixed period shall be within five years and not exceed three times the period of workplace skill development training.
(3) Where a training contract under paragraph (1) is not concluded, workplace skill development training taken by a hired worker shall be deemed as the same worker having rendered his/her labor.
(4) Every business operator who has failed to conclude a training contract under paragraph (1) shall conduct workplace skill development training during working hours provided for in Article 50 of the Labor Standards Act (hereinafter referred to as "standard working hours") and may conduct such workplace skill development training during hours outside standard working hours if agreement is made with the relevant workers thereon.
(5) Wages equivalent to overtime work and night work need not be paid for training hours outside standard working hours unless workplace skill development training is conducted in a working place or by using production facilities.
[This Article Wholly Amended by Act No. 9316, Dec. 31, 2008]
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 Article 10 (Training Allowances)   print
Anyone who conducts workplace skill development training may pay training allowances to trainees who take workplace skill development training.
[This Article Wholly Amended by Act No. 9316, Dec. 31, 2008]
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 Article 11 (Disaster Consolation Benefits)   print
(1) Where any worker (excluding any worker subject to the Industrial Accident Compensation Insurance Act) who takes workplace skill development training in a relevant training establishment suffers from a disaster resulting from workplace skill development training in the course of such training, anyone who conducts workplace skill development training shall pay the worker disaster consolation benefit. In such cases, where any worker takes workplace skill development training conducted on commission, the commissioner shall pay the worker disaster consolation benefits; however, where any disaster has occurred due to defects of training facilities of the commissioned or other reasons attributable to the commissioned, the commissioned person shall pay disaster consolation benefits.
(2) Necessary matters concerning payment standards and procedures for disaster consolation benefits under paragraph (1) shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9316, Dec. 31, 2008]
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 Article 11-2 (Workplace Skill Development Projects by Public Organizations)   print
The public organizations may conduct projects falling under any of the following subparagraphs in order to develop workplace skills of workers:
1. Workplace skill development training conducted for a person falling under any subparagraph of Article 12 (1);
2. Workplace skill development training conducted for the supply of and demand for human resources in governmental organizations and strategic industry under Article 15;
3. Projects of survey, education and publicity regarding workplace skill development projects;
4. Projects for developing and disseminating courses, media, methods, etc. of workplace skill development training;
5. Projects for training and developing their abilities for teachers of workplace skill development training and persons in charge of development of human resources;
6. Other projects prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10337, May 31, 2010]
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 Article 11-3 (Required Financial Resources)   print
Financial resources necessary for workplace skill development projects or subsidies or loans under this Act shall be secured from the general account and the Employment Insurance Fund under the Employment Insurance Act.
[This Article Wholly Amended by Act No. 9316, Dec. 31, 2008]
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 Article 11-4 (Promotion of International Cooperation)   print
The Minister of Employment and Labor may implement exchange and cooperation projects with international organizations, foreign governments or foreign agencies by training foreigners' skills and techniques concerning workplace skill development of workers or by holding and attending international conferences on workplace skill development of workers. <Amended by Act No. 10339, Jun. 4, 2010>
[This Article Wholly Amended by Act No. 9316, Dec. 31, 2008]
CHAPTER II SUPPORT, ETC. FOR WORKERS' AUTONOMOUS DEVELOPMENT OF WORKPLACE SKILLS
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 Article 12 (Support, etc. of Workplace Skill Development Training for Unemployed Persons, etc.)   print
(1) The State and local governments may conduct workplace skill development training to facilitate and stabilize the employment of persons (hereinafter referred to as "unemployed persons, etc), or provide costs to persons who have obtained workplace skill development training falling under any of the following subparagraphs: <Amended by Act No. 10337, May 31, 2010>
1. The unemployed;
2. Persons who satisfy requirements prescribed by Presidential Decree as a beneficiary, a single mother or a juvenile under the National Basic Living Security Act;
3. through 5. Deleted; <by Act No. 10337, May 31, 2010>
6. Other persons prescribed by Presidential Decree.
(2) Persons eligible for workplace skill development training conducted under paragraph (1), requirements of training courses, training allowances and other matters necessary for workplace skill development training shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9316, Dec. 31, 2008]
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 Article 13 Deleted. <by Act No. 10337, May 31, 2010>   print
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 Article 14 Deleted. <by Act No. 10337, May 31, 2010>   print
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 Article 15 (Conduct of Workplace Skill Development Training for Workers of Governmental Organizations and Strategic Industry)   print
(1) The State and local governments may conduct workplace skill development training necessary for efficient supply and demand of human resources in the following occupational categories (hereinafter referred to as "workers of governmental organizations and strategic industry"): <Amended by Act No. 10337, May 31, 2010; Act No. 10339, Jun. 4, 2010>
1. Occupational categories where human resources are in short from among key industries to the national economy;
2. Occupational categories where human resources are in short from among national strategic industries, including information and communication industry and automobile industry;
3. Other occupational categories where human resources need to be trained as the demand for such human resources grow in industrial fields and which are announced by the Minister of Employment and Labor.
(2) Selection criteria and procedures for key national strategic industrial occupational categories, persons eligible for training, requirements of training courses, training allowances and other matters necessary for workplace skill development training shall be prescribed by Presidential Decree. <Amended by Act No. 10337, May 31, 2010>
[This Article Wholly Amended by Act No. 9316, Dec. 31, 2008]
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 Article 16 (Commission, etc. of Workplace Skill Development Training)   print
(1) The State or local governments which intend to conduct workplace skill development training under Articles 12 and 15 may conduct such training by concluding a commission contract with any person prescribed by Presidential Decree. <Amended by Act No. 10337, May 31, 2010>
(2) Anyone who has commissioned workplace skill development training under paragraph (1) may, if the commissioned person falls under any of the following subparagraphs, request correction thereof or terminate the relevant commission contract: Provided, That where the commissioned person falls under subparagraph 1 or 2, the relevant entrustment contract shall be terminated: <Amended by Act No. 10337, May 31, 2010>
1. Where he/she has been commissioned by fraudulent or other unlawful means;
2. Where he/she has received or intends to obtain training fees by fraudulent or other unlawful means;
3. Where he/she has conducted workplace skill development training in violation of a commission contract;
4. Where he/she has failed to comply with a request for correction;
5. Where he/she has failed to comply with an order to report or to submit materials under Article 58 or has complied with such order deceitfully.
(3) With respect to anyone for whom a commission contract is terminated under paragraph (2) (excluding cases where training fees are less than the amount prescribed by Presidential Decree from among persons whose commission contracts are terminated due to a reason falling under paragraph (2) 2), the State or local governments may not commission workplace skill development training under paragraph (1) nor recognize workplace skill development training course under Articles 19 and 24 for up to five years from the date of termination. <Amended by Act No. 10337, May 31, 2010>
(4) through (6) Deleted. <Amended by Act No. 10337, May 31, 2010>
(7) Details of commission contracts, standards of entrustment, requests for correction, termination of commission contracts and other matters necessary for implementation of commission under paragraphs (1) through (3) shall be prescribed by Presidential Decree. <Amended by Act No. 10337, May 31, 2010>
[This Article Wholly Amended by Act No. 9316, Dec. 31, 2008]
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 Article 17 (Support for Autonomous Workplace Skill Development by Workers)   print
(1) The Minister of Employment and Labor may provide workers with subsidies or loans necessary to cover costs falling under each of the following subparagraphs in order to support autonomous workplace skill development of workers (excluding unemployed persons, etc.. hereafter the same shall apply in this Article.): <Amended by Act No. 10337, May 31, 2010; Act No. 10339, Jun. 4, 2010>
1. Fees for taking workplace skill development training courses recognized by the Minister of Employment and Labor under Article 19;
2. Tuition fees and school fees for junior colleges or for education courses recognized as having equivalent thereto or higher academic background under the Higher Education Act;
3. Other costs prescribed by Presidential Decree, corresponding to subparagraph 1 and 2;
4. Deleted. <Amended by Act No. 10337, May 31, 2010>
(2) Where the Minister of Employment and Labor provides workers with subsidies and loans under paragraph (1), he/she may give preferential treatment to workers falling under each of the following subparagraphs: <Amended by Act No. 10339, Jun. 4, 2010>
1. Workers hired by enterprises meeting the standards determined by Presidential Decree;
2. Workers prescribed by Presidential Decree from among workers under Article 3 (4) 9 or 10.
(3) Necessary matters concerning requirements, details, procedures, levels of subsidies or loans and preferential support under paragraphs (1) and (2) shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9316, Dec. 31, 2008]
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 Article 18 (Issuance and Operation of Accounts for Workplace Skill Development)   print
(1) In order to support any of the following persons in their autonomous workplace skill development, the Minister of Employment and Labor may issue an account (hereinafter referred to as "account for workplace skill development") that provides subsidies for workplace skill development training, and operate a system to comprehensively administer their history of workplace skill development: <Amended by Act No. 11272, Feb. 1, 2012>
1. Unemployed persons, etc.;
2. Persons designated by the Minister of Employment and Labor among workers who are being employed and preparing for changing jobs, starting a business, etc.
(2) The Minister of Employment and Labor shall provide persons falling under any subparagraph of paragraph (1) with information on workplace skill development training courses (hereinafter referred to as "training course fit for the account") for which training costs are paid from the account for workplace skill development so that they can undergo the necessary workplace skill development training by using the account for workplace skill development. <Amended by Act No. 11272, Feb. 1, 2012>
(3) Issuance of workplace skill development accounts, provision of information on training courses fit for the account and other matters necessary for operation of the account system for workplace skill development under paragraphs (1) and (2) shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10337, May 31, 2010]
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 Article 19 (Approval of, or Revocation of Approval of Workplace Skill Development Training Courses and Training Courses Fit for Account, etc.)   print
(1) Anyone who intends to conduct workplace skill development training, fees of which may be subsidized or loaned to workers under Article 17 (1) 1, and anyone who intends to operate a training course fit for the account shall obtain recognition for the workplace skill development training course (including the training course fit for the account: hereafter the same shall be applied in this Article) from the Minister of Employment and Labor. <Amended by Act No. 11272, Feb. 1, 2012>
(2) Where anyone who has obtained recognition of the workplace skill development training course under paragraph (1) falls under any of the following cases, the Minister of Employment and Labor may issue a corrective order or revoke recognition of the training course: Provided, That where he/she falls under subparagraphs 1 through 4, the recognition shall be revoked: <Amended by Act No. 11272, Feb. 1, 2012>
1. Where he/she has obtained recognition under paragraph (1) by fraudulent or other unlawful means;
2. Where he/she has obtained or intends to obtain subsidies or loans for training costs by fraudulent or other unlawful means;
3. Where he/she has collected or intends to collect costs from workers taking workplace skill development training by fraudulent or other unlawful means;
4. Where he/she has workers taking workplace skill development training obtain subsidies or loans for training costs by fraudulent or other unlawful means;
5. Where he/she has conducted workplace skill development training in violation of the details of recognition granted under paragraph (1);
6. Where he/she has failed to comply with a corrective order;
7. Where he/she has failed to comply with an order to report or to submit materials under Article 58 or has complied with such order by fraudulent means.
(3) The Minister of Employment and Labor may elect not to commission workplace skill development training under Article 16 (1) to anyone for whom the recognition is revoked under paragraph (2) (excluding where costs that he/she has spent are less than the amount prescribed by Presidential Decree, among persons who fall under paragraph (2) 2 through 4 and thus their recognition is revoked) or not to recognize thereof under paragraph (1) and Article 24 for up to five years from the date of revocation.
(4) The scope of, requirements for, details and period of validity of the recognition of workplace skill development training courses under paragraph (1) and other necessary matters shall be prescribed by Presidential Decree.
(5) Detailed standards for corrective orders and revocation of recognition under paragraphs (2) and (3), the specific period for which recognition is restricted by grounds of revocation of recognition and other necessary matters shall be prescribed by Ordinance of the Ministry of Employment and Labor. <Amended by Act No. 11272, Feb. 1, 2012>
[This Article Newly Inserted by Act No. 10337, May 31, 2010]
CHAPTER III SUPPORT FOR WORKPLACE SKILL DEVELOPMENT PROJECTS BY BUSINESS OPERATORS, ETC.
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 Article 20 (Support to Workplace Skill Development for Business Operators, Organizations of Business Operators, etc.)   print
(1) The Minister of Employment and Labor may subsidize or loan money for expenses incurred in conducting workplace skill development projects falling under any of the following subparagraphs to business operators, organizations of business operators, organizations of workers or its alliances (hereinafter referred to as "organizations of business operators, etc.) who conducts aforementioned projects: <Amended by Act No. 10337, May 31, 2010; Act No. 10339, Jun. 4, 2010>
1. Workplace skill development training for workers (including training conducted on commission);
2. Qualification examination projects for workers;
3. Workplace skill development projects conducted jointly with enterprises under Article 19 (2) of the Employment Insurance Act (hereinafter referred to as "enterprises eligible for preferential support") or small and medium enterprises for workers, etc. who work for enterprises eligible for preferential support or small and medium enterprises;
4. Projects for establishing and repairing facilities (including dormitories), equipment, machinery and materials necessary for workplace skill development training;
5. Projects for investigating and studying workplace skill development, the course of workplace skill development training, developing and supplying of media, etc.
6. Deleted. <Amended by Act No. 10337, May 31, 2010>
7. Other projects prescribed by Presidential Decree.
(2) Where the Minister of Employment and Labor provides business operators or organizations of business operators, etc. with subsidies or loans under paragraph (1), he/she may preferentially treat any business operator or organization of business operator, etc. who conduct workplace skill development projects falling under any of the following subparagraphs: <Amended by Act No. 10337, May 31, 2010; Act No. 10339, Jun. 4, 2010>
1. Workplace skill development training conducted for workers employed by a business operator other than the business operator in question;
2. Workplace skill development training for workers of governmental organizations and strategic industry;
3. Workplace skill development training conducted according to the master plan for the education, training and ability development of workers decided by the labor-management council under Article 21 of the Act on the Promotion of Workers' Participation and Cooperation (referring to workplace skill development training conducted according to a training plan established in consultation with a labor union or a representative who represents a majority of workers if a labor-management council does not exist);
4. Workplace skill development training conducted by granting paid leave (excluding monthly or annual paid leave under Article 60 of the Labor Standards Act);
5. Workplace skill development projects falling under paragraph (1) 3;
6. Workplace skill development projects conducted by business operators of enterprises meeting the standards determined by Presidential Decree.
(3) Necessary matters concerning requirements, details, procedures, levels of subsidies or loans and preferential support under paragraphs (1) and (2) shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9316, Dec. 31, 2008]
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 Article 21 Deleted. <by Act No. 10337, May 31, 2010>   print
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 Article 22 (Support for Workplace Skill Development Projects of Development Council for Human Resources by Industrial Department)   print
(1) Where development council for human resources by industrial department conducts the workplace skill development project falling under any of the following sub-paragraphs, the Minister of Employment and Labor may provide development council for human resources by industrial department with subsidies and loans necessary to cover the project costs: <Amended by Act No. 10337, May 31, 2010; Act No. 10339, Jun. 4, 2010>
1. Inspection and analysis of demand and supply of human resources by industrial department and demand of workplace skill development training;
2. Development and dissemination of qualifications and standard of workplace skill development training;
3. Projects to develop, supplement and disseminate workplace skill development training media, courses, etc.;
4. through 5. Deleted. <Amended by Act No. 10337, May 31, 2010>
6. Other workplace skill development projects prescribed by Presidential Decree as Decree as equivalent to those referred to in subparagraphs 1 through 3.
(2) Matters necessary for requirements, details, procedures and levels for subsidies and loans under paragraph (1) shall be prescribed by Presidential Decree. <Amended by Act No. 10337, May 31, 2010>
(3) Deleted. <Amended by Act No. 10337, May 31, 2010>
[This Article Wholly Amended by Act No. 9316, Dec. 31, 2008]
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 Article 23 (Support for Workplace Skill Development Projects Implemented by Workplace Skill Development Organizations)   print
(1) The Minister of Employment and Labor may subsidize or finance costs required for workplace skill development projects conducted by the non-profit corporations or non-profit organizations prescribed by Presidential Decree (hereinafter referred to as "workplace skill development organizations"). <Amended by Act No. 10339, Jun. 4, 2010>
(2) Necessary matters for the requirements, details, procedures and levels of subsidies or loans referred to in paragraph (1) shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9316, Dec. 31, 2008]
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 Article 23-2 (Keeping Documents concerning Subsidies and Loans)   print
(1) Anyone who has obtained subsidies or loans to cover costs for workplace skill development training under Articles 12, 20, 22 and 23 (including any person who conducts workplace skill development training on commission) and anyone who intends to conduct workplace skill development training, fees of which may be subsidized or loaned to workers under Article 17 (1) 1 shall keep relevant documents determined by Ordinance of the Ministry of Employment and Labor for three years: Provided, That the period for keeping documents concerning subsidies and loans for costs incurred in establishment and repair of facilities (including dormitories), equipment, instruments and materials to conduct workplace skill development training shall be determined by Ordinance of the Ministry of Employment and Labor within ten years. <Amended by Act No. 10337, May 31, 2010; Act No. 10339, Jun. 4, 2010>
(2) Documents referred to in paragraph (1) may be prepared and kept in electronic documents as defined in subparagraph (1) of Article 2 of the Framework Act on Electronic Documents and Transactions. <Newly Inserted by Act No. 10337, May 31, 2010; Act No. 11461, Jun. 1, 2012>
[This Article Newly Inserted by Act No. 9316, Dec. 31, 2008]
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 Article 24 (Recognition or Revocation of Recognition, etc. of Workplace Skill Development Training Courses)   print
(1) Anyone who intends to conduct workplace skill development training under Articles 20 and 23 (including any person who conducts workplace skill development training on commission) shall obtain recognition of the relevant workplace skill development training courses from the Minister of Employment and Labor. <Amended by Act No. 10337, May 31, 2010; Act No. 10339, Jun. 4, 2010>
(2) If anyone who has obtained recognition of workplace skill development training course under paragraph (1) falls under any of the following cases, the Minister of Employment and Labor may issue a corrective order or revoke the recognition of the relevant training course: Provided, That where he/she falls under subparagraphs 1 through 4, the recognition shall be revoked: <Amended by Act No. 10337, May 31, 2010; Act No. 11272, Feb. 1, 2012>
1. Where he/she has obtained recognition under paragraph (1) by fraudulent or other unlawful means;
2. Where he/she has obtained or intends to obtain subsidies or loans by fraudulent or other unlawful means;
3. Where he/she has collected or intends to collect costs from business operators, organizations of business operators, etc. who have commissioned workplace skill development training by fraudulent or other unlawful means;
4. Where a business operator or an organization of business operators, etc. who has commissioned workplace skill development training has him/her obtain subsidies or loans for training costs by fraudulent or other unlawful means;
5. Where he/she has conducted workplace skill development training in violation of the details of recognition granted under paragraph (1);
6. Where he/she has failed to comply with a corrective order;
7. Where he/she has failed to comply with an order to report and to submit materials under Article 58, or has complied with such order by fraudulent means.
(3) The Minister of Employment and Labor may elect not to commission the workplace skill development training under Article 16 (1) to anyone for whom the recognition is revoked under paragraph (2) (excluding where costs that he/she has spent are less than the amount prescribed by Presidential Decree among persons who fall under subparagraphs 2 through 4 of paragraph (2) and thus the recognition is revoked) or not to grant recognition under paragraph (1) and Article 19 for up to five years from the date of revocation. <Newly Inserted by Act No. 10337, May 31, 2010>
(4) The scope of, requirements for, details and period of validity of the recognition of workplace skill development training courses under paragraphs (1) and other necessary matters shall be prescribed by Presidential Decree. <Newly Inserted by Act No. 10337, May 31, 2010>
(5) Detailed standards for corrective orders and revocation of recognition under paragraphs (2) and (3), the specific period for which recognition is restricted by the grounds of revocation of recognition and other necessary matters shall be prescribed by Ordinance of the Ministry of Employment and Labor. <Newly Inserted by Act No. 10337, May 31, 2010; Act No. 11272, Feb. 1, 2012>
[This Article Wholly Amended by Act No. 9316, Dec. 31, 2008]
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 Article 25 Deleted. <by Act No. 10377, May 31, 2010>   print
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 Article 26 Deleted. <by Act No. 10377, May 31, 2010>   print
CHAPTER IV WORKPLACE SKILL DEVELOPMENT TRAINING CORPORATIONS, WORKPLACE SKILL DEVELOPMENT TRAINING ESTABLISHMENTS, WORKPLACE SKILL DEVELOPMENT TRAINING TEACHERS, ETC.
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 Article 27 (Foundation, etc. of Public Occupational Training Establishments)   print
(1) The State, local governments or public organizations may found and operate public occupational training establishments. In such cases, where the State or local government intends to found any public occupational training establishment, it shall consult with the Minister of Employment and Labor thereon, and where public organization intends to found a public occupational training establishment, it shall obtain approval therefor from the Minister of Employment and Labor. <Amended by Act No. 10337, May 31, 2010; Act No. 11272, Feb. 1, 2012>
(2) Where any public occupational training establishment approved pursuant to paragraph (1) falls under any of the following cases, the Minister of Employment and Labor may revoke approval therefor: Provided, That where it falls under subparagraph 1, approval therefor shall be revoked: <Amended by Act No. 10339, Jun. 4, 2010>
1. Where any public occupational training establishment has obtained approval by fraudulent or other unlawful means;
2. Where any public occupational training establishment has failed to conduct training for at least one consecutive year without any justifiable ground;
3. Where any public occupational training establishment has violated this Act or any order issued under this Act.
(3) The Minister of Employment and Labor may request relevant agencies to submit necessary materials regarding the operation of public occupational training establishments found by the State, a local government or public organization. <Newly Inserted by Act No. 10337, May 31, 2010; Act No. 11272, Feb. 1, 2012>
(4) Matters necessary for procedures for consultation and approval under paragraph (1) and other matters shall be prescribed by Presidential Decree. <Amended by Act No. 10337, May 31, 2010; Act No. 10339, Jun. 4, 2010>
[This Article Wholly Amended by Act No. 9316, Dec. 31, 2008]
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 Article 28 (Designated Occupational Training Establishments)   print
(1) Anyone who intends to found and operate any designated occupational training establishment shall obtain designation from the Minister of Employment and Labor by satisfying each of the following requirements: Provided, That where any business operator or any organization of business operators, etc. that operates an exclusive institution for workplace skill development training of its/his/her workers, etc. intends to obtain designation, the requirements referred to in subparagraphs 2 and 3 need not be satisfied, and where any person who intends to conduct workplace skill development training on commission, intends to obtain designation, the requirement in subparagraph 3 need not be satisfied, respectively: <Amended by Act No. 10339, Jun. 4, 2010>
1. He/she shall have human resources, facilities, equipment, etc. capable of operating the relevant training establishment appropriately: Provided, That the use of the institution building shall comply with Article 2 (2) of the Building Act;
2. He/she shall have career experience in educational training that makes it possible to manage the relevant training establishment appropriately;
3. He/she shall hire not less than one teacher of workplace skill development training under Article 33, who is relevant to the type of occupation in question by the type of occupation intended to conduct workplace skill development training: Provided, That the same shall not apply to cases where teachers of workplace skill development training relevant to the type of training in question have not been determined yet;
4. He/she shall meet the requirements prescribed by Presidential Decree as necessary to manage a workplace skill development training establishment.
(2) Where anyone intends to change matters prescribed by Presidential Decree from among the details designated under paragraph (1), he/she shall obtain designation for changes from the Minister of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010>
(3) Where anyone who has obtained designation under paragraph (1) has failed to conduct workplace skill development training in the relevant institution for at least three months or to close the institution or intends to change details of the designation, other than matters prescribed by Presidential Decree under paragraph (2), he/she shall report to the Minister of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010>
(4) Necessary matters for details of designation, detailed standards, procedures, etc. of designation, designation for changes and reporting under paragraphs (1) through (3) shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9316, Dec. 31, 2008]
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 Article 29 (Grounds for Disqualification)   print
No one who intends to have his/her workplace skill development training establishment designated under Article 28 shall be qualified for designation under Article 28 if he/she falls under any of the following subparagraphs: <Amended by Act No. 10337, May 31, 2010>
1. An incompetent, quasi-incompetent person or a minor;
2. Any person who has been declared bankrupt, but has not yet been reinstated;
3. Any person who has been sentenced to imprisonment without prison labor or heavier punishment and for whom two years have not yet lapsed since the date the execution of such sentence is terminated or exempted (including cases where the execution of the sentence is deemed to have been terminated);
4. Any person who is under a grace period after having been sentenced to a suspended sentence of the imprisonment without prison labor or heavier punishment;
5. Any person who is disqualified, or whose qualification is suspended according to a court ruling;
6. Any person for whom one year has not yet lapsed from the date the designation of the occupational training establishment was revoked under Article 31 (1) or any person in a suspension period after having been subjected to a disposition to suspend workplace skill development training;
7. Any person who has been subjected to a disposition to revoke the authorization for establishing a lifelong educational establishment or the registration thereof under Article 42 of the Lifelong Education Act and for whom one year has not yet lapsed since the date on which such authorization or such registration was revoked or any person in a suspension period after having been subjected to a disposition to suspend operating lifelong educational courses;
8. Any person who has been subject to a disposition to delete the registration of a private teaching institute or to close a teaching school under Article 17 of the Act on the Establishment and Operation of Private Teaching Institutes and Extracurricular Lessons and for whom one year has not yet lapsed since the date on which such disposition was taken or any person in a suspension period after having been subjected to a disposition to suspend operating a private teaching institute or teaching school;
9. Any person who is subject to restrictions on commission under Article 16 (3), or restrictions on recognition under Article 19 (3) and 24 (3);
10. Any corporation, an executive of which falls any of subparagraphs 1 through 9.
[This Article Wholly Amended by Act No. 9316, Dec. 31, 2008]
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 Article 30 (Training Fees)   print
(1) Anyone who operates a designated occupational training establishment may receive training fees from workers.
(2) Anyone who operates a designated occupational training establishment shall take measures necessary to protect workers, such as refund of training fees if workers are unable to continue taking workplace skill development training or he/she is unable to continue conducting workplace skill development training on grounds of the revocation of designation, closure, etc.
(3) Necessary matters concerning the grounds for refunding training fees, the amount of refund, etc. under paragraph (2) shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9316, Dec. 31, 2008]
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 Article 31 (Revocation of Designation, etc. of Designated Occupational Training Establishments)   print
(1) Where any designated occupational training establishment under Article 28 falls under any of the following cases, the Minister of Employment and Labor may issue a corrective order, revoke its designation or order the suspension of workplace skill development training within a specified period not exceeding one year: Provided, That where it falls under subparagraph 1 or 3 (limited to cases falling under any of subparagraphs 1 through 8 of Article 29), its designation shall be revoked: <Amended by Act No. 10339, Jun. 4, 2010; Act No. 11272, Feb. 1, 2012>
1. Where it has obtained designation under Article 28 by fraudulent or other unlawful means;
2. Where it has failed to meet requirements for designation under Article 28;
3. Where it falls under any subparagraph of Article 29;
4. Where it has failed to continue conducting workplace skill development training for at least one consecutive year without any justifiable ground;
5. Where it has been operated a designated occupational training establishment by unlawful means, such as changing details of designation without obtaining the designation for change;
6. Where it has placed exaggerated or false advertising when recruiting trainees;
7. Where it has failed to comply with any corrective order;
8. Where it has violated this Act or any order issued under this Act.
(2) Detailed standards for corrective orders, the revocation of designation and disposition of suspension under paragraph (1) shall be prescribed by Presidential Decree, taking into account the grounds for the disposition and the severity of the relevant violation, etc. <Amended by Act No. 10339, Jun. 4, 2010; Act No. 11272, Feb. 1, 2012>
[This Article Wholly Amended by Act No. 9316, Dec. 31, 2008]
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 Article 32 (Establishment, etc. of Corporations for Workplace Skill Development Training)   print
(1) The Minister of Employment and Labor may grant permission to establish a non-profit corporation (hereinafter referred to as "workplace skill development training corporation") which intends to implement workplace skill development projects falling under any of the following subparagraphs: <Amended by Act No. 10339, Jun. 4, 2010>
1. Workplace skill development training;
2. Survey and research projects to develop workers' workplace skills;
3. Projects to develop and disseminate workplace skill development training media, courses, etc.
(2) Where any corporation for workplace skill development training under paragraph (1) falls under any of the following subparagraphs, the Minister of Employment and Labor may issue corrective order or revoke permission to establish the relevant corporation: Provided, That where it falls under any of subparagraphs 1 through 3, permission therefor shall be revoked: <Amended by Act No. 10337, May 31, 2010; Act No. 10339, Jun. 4, 2010>
1. Where it has obtained permission for establishment by false or other unlawful means;
2. Where it has violated terms and conditions of permission for establishment;
3. Where it is impossible to achieve its objectives;
4. Where it has implemented projects other than the intended projects;
5. Where it has been subjected to restrictions on commission under Article 16 (3) and on recognition under Article 19 (3) and 24 (3) or its designation as a designated occupational training establishment is revoked under Article 31 (1);
6. Where it has violated this Act or any order issued under this Act or the articles of association;
7. Where it has failed to commence an intended project without any justifiable ground within six months from the date its permission for establishment is granted or has filed to perform a project for at least one year.
(3) Where any corporation for workplace skill development training falls under any of the following subparagraphs while performing any profit-making project, the Minister of Employment and Labor may order the relevant corporation of workplace skill development training to correct or suspend such profit-making project: <Amended by Act No. 10339, Jun. 4, 2010>
1. Where it has used earnings for projects other than the intended project;
2. Where the continuation of the relevant project is recognized to be in violation of the objectives of the corporation for workplace skill development training.
(4) Necessary matters concerning the matters to be included in the articles of association of the corporation for workplace skill development training under paragraph (1) and requirements, standards, etc. for permission, shall be prescribed by Presidential Decree.
(5) The provisions governing incorporated foundations of the Civil Act shall apply mutatis mutandis to matters not provided for in this Act concerning corporations for workplace skill development training.
[This Article Wholly Amended by Act No. 9316, Dec. 31, 2008]
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 Article 32-2 (Special Cases for Dissolution of Corporations for Workplace Skill Development Training)   print
(1) Where any corporation for workplace skill development training intends to convert into a designated occupational training establishment for the purpose of profit-making, it may dissolve by obtaining permission from the Minister of Employment and Labor, notwithstanding Article 77 of the Civil Act. <Amended by Act No. 10339, Jun. 4, 2010>
(2) Any corporation for workplace skill development training which intends to obtain permission from the Minister of Employment and Labor under paragraph (1) shall submit to the Minister of Employment and Labor, an application for permission for dissolution accompanied by a plan for disposal of residual assets. <Amended by Act No. 10339, Jun. 4, 2010>
(3) Dissolution under paragraph (1) and a plan for disposal of residual assets under paragraph (2) shall require consent of no less than 2/3 of directors.
(4) Any corporation for workplace skill development training to be dissolved under paragraph (1) may, notwithstanding Article 80 of the Civil Act, revert all or part of the residual assets to any person determined by the plan for disposal of residual assets. In such cases, a person to whom the residual assets have been reverted shall not dispose of or change the said assets for any purpose other than workplace skill development training for ten years from the date the assets are reverted.
(5) The Minister of Employment and Labor may collect an amount not exceeding that equivalent to the assets disposed of or changed or order to restore it to the original state from or to anyone who violates the latter part of paragraph (4), as prescribed by Presidential Decree. <Amended by Act No. 10339, Jun. 4, 2010>
(6) A Council for Adjusting and Examining Training Corporations may be established under the Minister of Employment and Labor in order to examine the matters concerning dissolution of corporations for workplace skill development training and disposal of residual assets thereof. <Amended by Act No. 10339, Jun. 4, 2010>
(7) Article 56 (4) shall apply mutatis mutandis to anyone who fails to pay the amount of collection by the deadline after being ordered to do so under paragraph (5). <Amended by Act No. 10337, May 31, 2010>
(8) Necessary matters for the management, etc. of assets reverted under paragraph (4), the composition and operation of the Council for Adjusting and Examining Training Corporations under paragraph (6), and other necessary matters shall be determined by Ordinance of the Ministry of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010>
[This Article Wholly Amended by Act No. 9316, Dec. 31, 2008]
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 Article 33 (Teachers, etc. of Workplace Skill Development Training)   print
(1) Teachers of workplace skill development training and other persons prescribed by Presidential Decree as having expert knowledge in the relevant field may teach workers for workplace skill development training.
(2) Anyone who intends to become a teacher of workplace skill development training shall be issued a certificate of qualification as a teacher of workplace skill development training from the Minister of Employment and Labor upon meeting the standards prescribed by Presidential Decree, such as completion of training courses for educating teachers of workplace skill development training under Article 36. <Amended by Act No. 10339, Jun. 4, 2010>
(3) Anyone who intends to be issued a certificate of qualifications as a teacher of workplace skill development training under paragraph (2) shall pay a fee, as prescribed by Ordinance of the Ministry of Employment and Labor. <Newly Inserted by Act No. 10337, May 31, 2010; Act No. 11272, Feb. 1, 2012>
(4) The classification, grades and standards for qualification of teachers of workplace skill development training and other necessary matters concerning teachers of workplace skill development training shall be prescribed by Presidential Decree. <Amended by Act No. 10337, May 31, 2010>
[This Article Wholly Amended by Act No. 9316, Dec. 31, 2008]
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 Article 34 (Grounds for Disqualification)   print
No one who falls under any of the following subparagraphs shall be qualified as a teacher of workplace skill development training provided for in Article 33:
1. An incompetent or a quasi-competent person;
2. Any person who has been sentenced to imprisonment without prison labor or heavier punishment and for whom two years have not yet lapsed since the date the execution of such sentence is terminated or exempted (including cases where the execution of the sentence is deemed to have been terminated);
3. Any person under a grace period after having been sentenced to a suspended sentence of imprisonment without prison labor or heavier punishment;
4. Any person who is disqualified, or whose qualification is suspended according to a court ruling;
5. Any person for whom three years have not yet lapsed since his/her qualifications have been revoked under Article 35 (1) 1, 3 or 4.
[This Article Wholly Amended by Act No. 9316, Dec. 31, 2008]
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 Article 35 (Revocation, etc. of Qualifications of Teachers of Workplace Skill Development Training)   print
(1) Where anyone who has acquired qualifications as a teacher of workplace skill development training falls under any of the following subparagraphs, the Minister of Employment and Labor may revoke his/her qualifications or suspend his/her qualifications for up to three years: Provided, That where he/she falls under subparagraph 1 or 2, his/her qualifications shall be revoked: <Amended by Act No. 10337, May 31, 2010; Act No. 10339, Jun. 4, 2010>
1. Where he/she is issued a certificate of qualifications by fraudulent or other unlawful means;
2. Where he/she falls under any of subparagraphs 1 through 4 of Article 34;
3. Where he/she causes significant difficulties in workplace skill development training by intention or gross negligence;
4. Where he/she lends his/her certificate of qualifications.
(2) Detailed standards for the revocation of qualifications and the disposition of suspension paragraph (1) shall be determined by Ordinance of the Ministry of Employment and Labor taking into account the grounds for the disposition, the severity of violation, etc. <Amended by Act No. 10339, Jun. 4, 2010>
[This Article Wholly Amended by Act No. 9316, Dec. 31, 2008]
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 Article 36 (Cultivation of Teachers of Workplace Skill Development Training)   print
(1) The State, local governments, public organizations, or corporations or organizations announced by the Minister of Employment and Labor may establish training establishments and operate training courses for cultivating teachers of workplace skill development training. In such cases, if anyone, other than the State and local governments intends to establish training establishments and operate training courses, he/she shall obtain approval from the Minister of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010>
(2) Anyone who intends to obtain approval under paragraph (1) shall meet each of the following requirements:
1. He/she shall have human resources, facilities, equipment, etc. capable of operating a training establishment or training courses for cultivating teachers of workplace skill development training appropriately;
2. Any person who intends to obtain the relevant approval shall have a career in educational training that makes it possible to operate a training establishment or training courses appropriately;
3. He/she shall not fall under grounds for disqualification pursuant to each subparagraph of Article 29;
4. He/she shall meet other requirements prescribed by Presidential Decree as necessary to cultivate teachers of workplace skill development training.
(3) Where anyone who has obtained approval under paragraph (1) falls under any of the following subparagraphs, the Minister of Employment and Labor may issue a corrective order or revoke approval therefor: Provided, That if he/she falls under subparagraph 1 or 2, the approval shall be revoked: <Amended by Act No. 10339, Jun. 4, 2010>
1. Where he/she has obtained approval by fraudulent or other unlawful means;
2. Where he/she falls under any subparagraph of Article 29: Provided, That where he/she falls under subparagraph 10 of Article 29, this case shall be excluded if only he/she replaces the relevant executive with a newly appointed one within three months;
3. Where he/she has failed to meet the requirements for approval under paragraph (2);
4. Where he/she has failed to conduct the training for cultivating teachers of workplace skill development training for not less than one consecutive year without any justifiable ground;
5. Where he/she has failed to comply with corrective orders;
6. Where he/she has violated this Act or any order issued under this Act.
(4) Necessary matters concerning kinds of training establishments and training courses under paragraph (1), procedures for approval, detailed standards for approval requirements under paragraph (2) 1 and 2, detailed standards for corrective orders and the revocation of approval, etc. under paragraph (3) shall be determined by Ordinance of the Ministry of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010>
[This Article Wholly Amended by Act No. 9316, Dec. 31, 2008]
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 Article 37 (Capability Development for Teachers of Workplace Skill Development Training)   print
(1) The Minister of Employment and Labor may implement workplace skill development projects for developing capabilities of teachers of workplace skill development training. <Amended by Act No. 10339, Jun. 4, 2010>
(2) The Minister of Employment and Labor may subsidize or loan expenses to anyone who implements workplace skill development projects for developing capabilities of teachers of workplace skill development training. <Amended by Act No. 10339, Jun. 4, 2010>
(3) Details of projects, methods of implementation, requirements, details, procedures and levels of subsidies under paragraphs (1) and (2) shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9316, Dec. 31, 2008]
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 Article 38 (Training Standards for Workplace Skill Development Training)   print
(1) The Minister of Employment and Labor may determine training standards regarding goals of training, details of curricula, facilities, equipment, teachers, etc. for each type of occupation subject to training in order to conduct workplace skill development training systematically and effectively. <Amended by Act No. 10339, Jun. 4, 2010>
(2) Detailed matters concerning training standards under paragraph (1) and procedures of determining and changing such standards shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9316, Dec. 31, 2008]
CHAPTER V POLYTECHNIC COLLEGES
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 Article 39 (Establishment of Polytechnic Colleges)   print
(1) The State, local governments or educational foundations under the Private School Act (hereinafter referred to as "educational foundation") may establish and manage a polytechnic college to educate necessary human resources in industrial fields and support the development of professional ability of workers.
(2) Where the State intends to establish and manage a polytechnic college, the head of a relevant central administrative agency shall consult with the Minister of Education and the Minister of Employment and Labor, respectively, and where a local government intends to establish and manage a polytechnic college, the head of a relevant local government shall consult with the Minister of Employment and Labor, and obtain approval therefor from the Minister of Education. <Amended by Act No. 11272, Feb. 1, 2012; Act No. 11690, Mar. 23, 2013>
(3) When an educational foundation intends to establish and manage a polytechnic college, it shall obtain approval therefor from the Minister of Education after receiving recommendation from the Minister of Employment and Labor. <Amended by Act No. 11272, Feb. 1, 2012; Act No. 11690, Mar. 23, 2013>
(4) Anyone who intends to establish and manage a polytechnic college shall meet the standards for establishment prescribed by Presidential Decree, such as facilities and equipment.
(5) A polytechnic college which has obtained approval from the Minister of Education under paragraph (2) or (3) shall be deemed a workplace skill development training establishment and may use a different title in consideration of its characteristics. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Newly Inserted by Act No. 10337, May 31, 2010]
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 Article 40 (Classification, etc. of Courses)   print
(1) The education and training courses in a polytechnic college shall be classified as follows: <Amended by Act No. 11272, Feb. 1, 2012>
1. Courses for multi-functional technicians: Education and training courses to educate workers, which helps promote productivity and solve technical problems throughout the process from development of products to its completion, by maintaining both skills and knowledge that pertain to at least two kinds of occupational categories;
1-2. Advanced major courses for a degree: Advanced major courses that facilitate and support the continuing education of persons who have graduated from polytechnic colleges or junior colleges and to confer them a bachelor's degree;
2. Occupational training courses;
(a) Courses for master mechanic: Occupational training courses to educate middle managers in the production field who manage task, and guides and supervises technicians under the middle managers' control, by maintaining the best skills in a specific field and knowledge that pertain to production management technique;
(b) Courses for workplace skill development training;
(c) Other education and training courses, other than the courses for multi-functional technician and the advanced major courses for a degree.
(2) The head of a polytechnic college (hereinafter referred to as "dean of a college") shall endeavor to maintain balance between the courses for multi-functional technician and occupational training courses.
(3) A polytechnic college may perform the following projects, other than the education and training courses referred to in paragraph (1): <Amended by Act No. 11272, Feb. 1, 2012>
1. Workplace skill development projects (excluding workplace skill development training);
2. Industry-academic cooperation projects, such as providing technical guidance to small and medium enterprises and operating the business incubators;
3. Projects commissioned by the Minister of Employment and Labor, the head of a central administrative agency, the head of a local government, a business operator, etc.;
4. Vocational counseling for, and projects promoting employment of trainees;
5. Other projects that contribute to the regional development, such as lifelong ability development for regional residents.
(4) Matters concerning establishment and operation of the courses for multi-functional technician, the advanced major courses for a degree, and the occupational training courses shall be prescribed by Presidential Decree. <Amended by Act No. 11272, Feb. 1, 2012>
[This Article Newly Inserted by Act No. 10337, May 31, 2010]
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 Article 40-2 (Authorization, etc. for Advanced Major Courses for Degree)   print
(1) Anyone who intends to establish and operate an advanced major course for a degree shall operate the courses for multi-functional technician related thereto and obtain authorization therefor from the Minister of Employment and Labor.
(2) The Minister of Employment and Labor shall seek prior consultation with the Minister of Education, when he/she intends to grant authorization for establishing an advanced major course for a degree under paragraph (1). <Amended by Act No. 11690, Mar. 23, 2013>
(3) An advanced major course for a degree established and operated under paragraphs (1) and (2) shall be deemed an advanced major course under Article 49 of the Higher Education Act.
(4) Persons eligible for entering an advanced major course for a degree shall be those who have work experience in the relevant field after having graduated from a polytechnic college or junior college in the same line.
(5) Detailed matters concerning the standards for authorization and eligibility for entrance under paragraphs (1) through (4) shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 11272, Feb. 1, 2012]
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 Article 41 (Recognition of Credits and Conferment of Degrees)   print
(1) The dean of a college may recognize any of the following degrees as the degree obtained from a polytechnic college in accordance with school regulations, as prescribed by Presidential Decree:
1. Credit obtained from any college of both at home and abroad that is the same or higher than junior college under Article 2 (4) of the Higher Education Act;
3. Credit obtained from lifetime education organization under Article 2 (2) of the Lifelong Education Act.
(2) The dean of a college may recognize credit for a person falling under any of the following subparagraphs, as prescribed by Presidential Decree: <Amended by Act No. 10338, May 31, 2010>
1. A person who has been assigned as a master crafts-person of Korea under Article 11 of the Act On Encouragement Of Skilled Crafts;
2. A person who has been assigned as a person who passes on hi/her skills under Article 13 of the Act of the Act On Encouragement Of Skilled Crafts;
3. A person who has received an award in the National Technical Competition or the International Vocational Training Competition under Article 20 and 21 of the Act On Encouragement Of Skilled Crafts;
4. A person who has experienced in the field of technique and skill related to majors in the industry;
5. A person who has completed the course of workplace skill development training for one year or more.
(3) A person who has completed the course of multi-functional technician in a polytechnic college shall be granted a bachelor's degree of industry of the same level of bachelor's degree in the specialized area under Article 50 of the Higher Education Act.
[This Article Newly Inserted by Act No. 10337, May 31, 2010]
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 Article 41-2 (Conferment of Degrees for Advanced Major Courses for Degree)   print
Anyone who completes the course determined by school regulations after having entered an advanced major course for a degree established and operated under Article 40-2 shall be conferred a bachelor's degree under Article 50-2 (1) of the Higher Education Act.
[This Article Newly Inserted by Act No. 11272, Feb. 1, 2012]
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 Article 42 (School Regulations)   print
(1) The dean of a college may establish or amend the school regulations in order to manage a college effectively.
(2) When the dean of a college establishes or amends the school regulations under paragraph (1), he/she shall report (including reporting via an information and communications network as defined in Article 2 (1) 1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc.) thereof to the Minister of Education and the Minister of Employment and Labor. <Amended by Act No. 11272, Feb. 1, 2012; Act No. 11690, Mar. 23, 2013>
(3) Procedures for establishment and amendment of school regulations under paragraph (1), items to record, and other necessary matters shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 10337, May 31, 2010]
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 Article 43 (Classification, Qualification and Fixed Number of Teachers, etc.)   print
(1) A polytechnic college shall have the dean of the polytechnic college.
(2) In addition to the dean of a college, teachers who are assigned in a polytechnic college shall be classified as professors, associate professors and assistant professors. <Amended by Act No. 10866, Jul. 21, 2011>
(3) In addition to teachers referred to in paragraph (2), a polytechnic college may assign a teacher for workplace skill development training, a teacher for industry and education (referring to a person who has specialized knowledge in related area works in the related field and is concurrently assigned to a teacher in a polytechnic college: hereinafter the same shall apply), an invited teacher (referring to a person appointed under Article 44 in order to teach a subject necessary for skills of a specialized area and specialized knowledge: hereinafter the same shall apply), a part-time lecturer and a teaching assistant under Article 33, as prescribed by Presidential Decree
(4) Matters concerning standards for qualification for a person who is eligible for a teacher, a teacher for industry and education, an invited teacher, a part-time lecturer and a teaching assistant referred to in paragraphs (2) and (3) shall be prescribed by Presidential Decree.
(5) Matters concerning the fixed number of a teacher, a teacher for workplace skill development training, a teacher for industry and education, an invited teacher, a part-time lecturer and a teaching assistant referred to in paragraphs (2) and (3) and other clerical workers shall be prescribed by Presidential Decree.
[This Article Wholly Inserted by Act No. 10337, May 31, 2010]
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 Article 44 (Appointment, Retirement, Service, etc. of Teachers, etc.)   print
(1) The appointment of teachers referred to in Article 43 (2) shall be as provided for in education-related Acts and subordinate statutes: Provided, That notwithstanding Article 53 (1) of the Private School Act, the dean of a polytechnic college affiliated with Human Resources Development Service of Korea established under Article 26 (1) of the Human Resources Development Service of Korea Act shall be appointed by the educational foundation which has established and manages the relevant polytechnic college with approval of the Minister of Employment and Labor. <Amended by Act No. 11272, Feb. 1, 2012>
(2) Notwithstanding Article 47 (1) of the Educational Officials Act and Article 53-2 (3) of the Private School Act, the retirement age of teachers referred to in Article 43 (2) shall be as follows:
1. Where the State establishes and manages the college, it shall be prescribed by Presidential Decree;
2. Where a local government establishes and manages the college, it shall be determined by municipal ordinances;
3. Where an educational foundation establishes and manages the college, it shall be determined by the articles of incorporation and shall be not less than 60 years old.
(3) Matters concerning service of teachers referred to in Article 43 (2) shall be as provided for in education-related Acts and subordinate statutes.
(4) Matters concerning appointment, retirement and service of a teacher for workplace skill development training, a teacher for industry and education, an invited teacher, a part-time lecturer and a teaching assistant shall be prescribed by Presidential Decree in consideration of the characteristics of a polytechnic college.
[This Article Newly Inserted by Act No. 10337, May 31, 2010]
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 Article 45 (Dispatch Service of Faculty and Use of Facilities and Equipment)   print
(1) In order to effectively conducts education, training and projects under Article 40, the dean of a college, if necessary, may dispatch the faculty of a relevant polytechnic college to other polytechnic colleges, the Human Resources Development Service of Korea (hereafter referred to as the "Human Resources Development Service of Korea" in this Article) established under the Human Resources Development Service of Korea Act, an industry (hereafter referred to as "industry" in this paragraph) meeting the standards determined and announced by the Minister of Employment and Labor, etc. for a specified period, or receive dispatch service from the faculty of other polytechnic colleges, the Human Resources Development Service of Korea, employee of an industry, etc. and have them work. <Amended by Act No. 11272, Feb. 1, 2012>
(2) When the dean of a college conducts education, training and projects under Article 40, he/she may provide other polytechnic colleges, the Human Resources Development Service of Korea, college, high school, etc with facilities and equipment for education and training of a relevant polytechnic college, and allow them to use.
[This Article Newly Inserted by Act No. 10337, May 31, 2010]
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 Article 46 (Submission of Business Plans, Fiscal Year, etc.)   print
(1) The dean of a college shall prepare the business plan of a relevant fiscal year each year, as prescribed by Presidential Decree, and submit it to the Minister of Employment and Labor: Provided, That an educational foundation who establishes and manages two or more polytechnic colleges may submit it, preparing the comprehensive business plan of each polytechnic college. <Amended by Act No. 11272, Feb. 1, 2012>
(2) The fiscal year of a polytechnic college shall coincide with the fiscal year of the Government.
(3) A polytechnic college shall keep separate accounting of income and expenditure of projects referred to in Article 40 (3) 1 through 3 from the income and expenditure of other projects.
[This Article Newly Inserted by Act No. 10337, May 31, 2010]
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 Article 47 (Tuition, etc.)   print
(1) A polytechnic college may receive tuition and other dues from students of the courses for multi-functional technicians, students of the advanced major courses for a degree and trainees of occupational training courses. <Amended by Act No. 11272, Feb. 1, 2012>
(2) Matters necessary for tuition and other dues referred to in paragraph (1) shall be determined by Ordinance of the Ministry of Employment and Labor. <Amended by Act No. 11272, Feb. 1, 2012>
[This Article Newly Inserted by Act No. 10337, May 31, 2010]
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 Article 48 (Support to Polytechnic College, Students, etc.)   print
(1) The State, local governments, business operators, etc. may support a person who has established and manages a polytechnic college with some or all of the expenses incurred in establishment of education and training facilities, the purchase of equipment, the school operation, etc.
(2) When necessary for establishing and managing a polytechnic college, the State and a local government may gratuitously lease national or public property to a person who has established and manages a polytechnic college (limited to educational foundations established by the State, a local government, or a public organization), and allow him/her to use for or benefit from constructing buildings or other facilities, notwithstanding the State Property Act and the Public Property and Commodity Management Act.
(3) The State and a local government may support students of the courses for multi-functional technicians, students of the advanced major courses for a degree and trainees of occupational training courses of polytechnic colleges with some or all of the expenses incurred in undergoing education and training during the period of their attendance at school. <Amended by Act No. 11272, Feb. 1, 2012>
[This Article Newly Inserted by Act No. 10337, May 31, 2010]
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 Article 49 (Revocation, etc. of Authorization)   print
(1) The Minister of Education may revoke authorization for establishment thereof, when a polytechnic college falls under any of the following cases: <Amended by Act No. 11690, Mar. 23, 2013>
1. Where it has obtained authorization under Article 39 by fraudulent or other unlawful means;
2. Where facility, equipment, etc. under Article 39 (4) fails to satisfy the standards for establishment;
3. Where it fails to give lessons for at least two months without any just ground, except for the specified vacation period.
(2) If the Minister of Education intends to revoke authorization for establishment of a polytechnic college under paragraph (1), he/she shall consult with the Ministry of Employment and Labor. <Amended by Act No. 11272, Feb. 1, 2012; Act No. 11690, Mar. 23, 2013>
(3) If the Minister of Education revoke authorization for establishment of a polytechnic college under paragraph (1), he/she shall hold a hearing thereon. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Newly Inserted by Act No. 10337, May 31, 2010]
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 Article 49-2 (Revocation, etc. of Authorization for Establishment of Advanced Major Courses for Degree)   print
(1) Where a polytechnic college that has obtained authorization for operating an advanced major course for a degree under Article 40-2 (1) falls under any of the following cases, the Minister of Employment and Labor may revoke such authorization:
1. Where it has obtained authorization under Article 40-2 (1) by fraudulent or other unlawful means;
2. Where it fails to meet the standards for authorization under Article 40-2 (5);
3. Where it fails to give lessons for at least two months without any just ground, except for the specified vacation period.
(2) The Minister of Employment and Labor shall seek prior consultation with the Minister of Education, when he/she intends to revoke authorization for operating an advanced major course for a degree under paragraph (1). <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Newly Inserted by Act No. 11272, Feb. 1, 2012]
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 Article 50 (Supervision, etc. over Polytechnic Colleges)   print
(1) With respect to a polytechnic college and an educational foundation which has established and manages a polytechnic college, the Ministry of Employment and Labor shall commission and administer the following matters among the authority of the Minister of Education determined by education-related Acts and subordinate statutes: <Amended by Act No. 11272, Feb. 1, 2012; Act No. 11690, Mar. 23, 2013>
1. Guidance and supervision over the polytechnic college and the educational foundation which has established and manages a polytechnic college;
2. Approval of appointment of a director of the educational foundation which has established and manages a polytechnic college, and revocation thereof;
3. Matters concerning acceptance of reports on appointment and dismissal of teachers of a polytechnic college established by the educational foundation and requests to dismiss or remove such teachers;
4. Other matters prescribed by Presidential Decree.
(2) The Minister of Education and the Ministry of Employment and Labor may require a polytechnic college or a founder or manager of a polytechnic college to file a necessary report or submit materials. <Amended by Act No. 11272, Feb. 1, 2012; Act No. 11690, Mar. 23, 2013>
[This Article Newly Inserted by Act No. 10337, May 31, 2010]
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 Article 51 (Prohibition from Using Similar Titles)   print
No entity, other than a polytechnic college, shall use the title of a polytechnic college or the similar title thereto.
[This Article Newly Inserted by Act No. 10337, May 31, 2010]
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 Article 52 (Relation with Other Acts)   print
With respect to establishment and management of a polytechnic college, the provisions of a junior college among the Acts and subordinate statutes related to education shall apply to matters which are not determined in this Act.
[This Article Newly Inserted by Act No. 10337, May 31, 2010]
CHAPTER VI EVALUATION OF WORKPLACE SKILL DEVELOPMENT PROJECTS AND RESTRICTIONS ON ILLEGAL CONDUCTS ETC.,
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 Article 53 (Evaluation on Workplace Skill Development Training Establishments, etc.)   print
(1) The Minister of Employment and Labor may conduct evaluation on matters prescribed by Presidential Decree, such as the ability to conduct training and training outcomes, for any of the following persons, in order to improve the quality of workplace skill development training: <Amended by Act No. 11272, Feb. 1, 2012>
1. A person who conducts workplace skill development training on commission under Article 16;
2. A person who conducts workplace skill development training upon having obtained recognition for his/her competence in workplace skill development training course under Article 19 or 24;
3. A person who conducts workplace skill development training commissioned by the head of a central administrative agency or the head of a local government (limited to a person determined by the Minister of Employment and Labor to be evaluated after having sought prior consultation with the head of a central administrative agency or the head of a local governments), other than those referred to in paragraphs (1) and (2);
4. A workplace skill development training establishment and a corporation for workplace skill development training.
(2) When the Minister of Employment and Labor conducts an evaluation under paragraph (1), he/she shall disclose the findings from the evaluation to be available for business operators, workers, etc. <Amended by Act No. 11272, Feb. 1, 2012>
(3) Matters necessary for subject matter, details and methods of evaluations and disclosure of findings from evaluations shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10337, May 31, 2010]
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 Article 54 (Differential Support Based on Findings from Evaluations on Workplace Skill Development Training Establishments)   print
(1) When the Minister of Employment and Labor provides subsidies or loans under this Act, he/she may grade the subsidies and loans according to the findings from the evaluation conducted under Article 53. <Amended by Act No. 11272, Feb. 1, 2012>
(2) Matters necessary for standards for and details of differential support under paragraph (1) and other matters shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 10337, May 31, 2010]
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 Article 55 (Restrictions on Support and Loan by Illegal Conducts and Registrations on Taking Lessons)   print
(1) Where a worker who is undergoing or has undergone workplace skill development training under Article 12 or 15 falls under any of the following cases, the State or a local government may restrict the registration in any class of workplace skill development training under Articles 12 and 15 or suspend subsidies or loans under Articles 17 and 18 for a period prescribed by Ordinance of Ministry of Employment and Labor within up to three years from the date (referring to the date on which a commission contract is revoked in cases falling under subparagraph 2) on which he/she obtained or intends to obtain subsidies for training fees and training allowances by fraudulent or other unlawful means: <Amended by Act No. 11272, Feb. 1, 2012>
1. Where he/she has obtained or intends to obtain subsidies for training fees and training allowances by fraudulent or other unlawful means;
2. Where a commission contract is revoked on grounds of the conduct referred to in any subparagraph under Article 16 (2), in collusion with a person who has received commission on workplace skill development training.
(2) Where the development council for human resources by industrial department or the organization of workplace skill development, such as workers, business operators and business operators' organizations which intend to obtain or have obtained subsidies or loans under Articles 17, 18, 20, 22 and 23, fall under any of the following cases, the Minister of Employment and Labor may restrict registration in class of workplace skill development training under Articles 12 and 15 or suspend subsidies or loans under Articles 17, 18, 20, 22 and 23, for a period prescribed by Ordinance of Ministry of Employment and Labor, within three years from the date (referring to the date on which a commission contract is revoked in cases falling under subparagraph 2) on which it has obtained or intends to obtain training fees and training allowances by fraudulent or other unlawful means: <Amended by Act No. 11272, Feb. 1, 2012>
1. Where he/she has obtained or intends to obtain subsidies or loans by fraudulent or other unlawful means;
2. Where the recognition is revoked on the grounds of the conduct referred to in any subparagraph of Article 19 (2) or 24 (2), in collusion with a person who has received commission on workplace skill development training under Article 16, or a person who conducts workplace skill development training upon obtaining recognition of the workplace skill development training course under Articles 19 and 24.
[This Article Wholly Amended by Act No. 10337, May 31, 2010]
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 Article 56 (Refund of Money Unlawfully Received and Additional Collection)   print
(1) Where a person for whom the commission contract has been revoked under Article 16 (2) or a worker subject to restriction on registration in class or subsidies and loans under Article 55 (1) has obtained subsidies or loans, the State or a local government may order him/her to refund the money that he/she has obtained by fraudulent or other unlawful means, among the amount of subsidies or loans he/she has obtained.
(2) Where the development council for human resources by industrial department or the organization of workplace skill development, such as a person whose recognition has been revoked under Article 19 (2) or 24 (2), or a worker, business operator or business operators' organization subject to restriction on registration in class or subsidies and loans under Article 55 (2) has obtained subsidies or loans, the Minister of Employment and Labor may order him/her or it to refund the money he/she or it has obtained by fraudulent or other unlawful means, among the amount of subsidies or loans he/she has obtained. <Amended by Act No. 11272, Feb. 1, 2012>
(3) Where the State, a local government or the Minister of Employment and Labor orders him/her to refund money, it may additionally collect the following amount with respect to the amount he/she has obtained by fraudulent or other unlawful means, in accordance with standards prescribed by Ordinance of the Ministry of Employment and Labor: <Amended by Act No. 11272, Feb. 1, 2012>
1. A person for whom a commission contract is revoked under Article 16 (2), or a person whose recognition is revoked under Article 19 (2) or 24 (2): The amount classified as follows;
(a) Where the money unlawfully obtained is less than the amount prescribed by Presidential Decree: The amount not exceeding five times such amount;
(b) Where money unlawfully obtained is equal to or exceeds the amount prescribed by Presidential Decree: The amount not exceeding such amount.
2. The development council for human resources by industrial department or the organization of workplace skill development, such as a worker, business operator or business operator's organization subject to restriction on subsidies, loans or registration in classes under Article 55: Money not exceeding the unlawfully obtained amount.
(4) Where the money to be refunded or collected under paragraphs (1) through (3) is not paid by the due date, the State, a local government or the Minister of Employment and Labor may collect the money in the same manner as delinquent national or local taxes are collected. <Amended by Act No. 11272, Feb. 1, 2012>
(5) Matters necessary for the detailed standards for additional collection and other matters shall be prescribed by Ordinance of Ministry of Employment and Labor. <Amended by Act No. 11272, Feb. 1, 2012>
[This Article Wholly Amended by Act No. 10337, May 31, 2010]
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 Article 57 (Bounties for Whistle-Blowing)   print
(1) The Minister of Employment and Labor may pay the bounty to anyone who blows the whistle on illegal conduct of anyone who implements or is commissioned to implement workplace skill development projects under this Act within the budgetary limits. <Amended by Act No. 10339, Jun. 4, 2010>
(2) Necessary matters for whistle-blowing on illegal conduct and payment of the bounty under paragraph (1) shall be prescribed by the Ordinance of the Ministry of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010>
[This Article Wholly Amended by Act No. 9316, Dec. 31, 2008]
CHAPTER VII SUPPLEMENTALLY PROVISIONS AND PENAL PROVISIONS
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 Article 58 (Guidance, Supervision, etc.)   print
(1) The Minister of Employment and Labor may order any of the following persons to file necessary reports or submit materials, or require relevant public officials, etc. to enter places where the workplace skill development training, etc. is conducted to inspect relevant documents and inquire of related persons in order to guide and supervise them: <Amended by Act No. 10337, May 31, 2010>
1. Persons who conduct the workplace skill development training on commission by the Minister of Employment and Labor under Article 16;
2. Persons who have obtained recognition under Article 19 or 24;
3. Persons who have obtained subsidies or loans under Articles 12, 17, 18, 20, 22 and 23;
4. Public organizations that have established and operates public occupational training establishments and persons who have established and operates designated occupational training establishments;
5. Corporations for workplace skill development training;
6. Persons who operate training establishments or training courses to educate teachers of workplace skill development training after obtaining approval therefor under Article 36;
7. Persons who perform duties on behalf of the Minister of Employment and Labor pursuant to Article 59.
(2) Where the Minister of Employment and Labor conducts an inspection under paragraph (1), he/she shall give a prior notice of necessary matters on time and details of inspection, etc. to a person subject to the inspection: Provided, That this shall not apply in an emergency or the giving of a prior notice can defeat the purpose of the inspection. <Newly Inserted by Act No. 10337, May 31, 2010; Act No. 11272, Feb. 1, 2012>
(3) Public officials who have access and conduct guidance and supervision under paragraph (1) shall carry a certification of identification indicating their authority and produce it to related persons. <Amended by Act No. 10337, May 31, 2010>
(4) The Minister of Employment and Labor shall give a written notice of the inspection findings under paragraph (1) to a person who has undergone an inspection. <Newly Inserted by Act No. 10337, May 31, 2010; Act No. 11272, Feb. 1, 2012>
(5) Matters necessary for details of reporting, methods of reporting, submission of materials and guidance and supervision under paragraph (1) shall be determined by Ordinance of the Ministry of Employment and Labor. <Amended by Act No. 10337, May 31, 2010; Act No. 10339, Jun. 4, 2010>
[This Article Wholly Amended by Act No. 9316, Dec. 31, 2008]
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 Article 59 (Performance of Duties on Behalf of Minister of Employment and Labor)   print
(1) The Minister of Employment and Labor may require anyone prescribed by Presidential Decree to perform his/her duties under Articles 6 through 8, 16 (limited to the duties under the jurisdiction of the Minister of Employment and Labor), 19, 20, 22, 23, 24, 28, 37, 38 and 53 on his/her behalf. <Amended by Act No. 10337, May 31, 2010; Act No. 10339, Jun. 4, 2010; Act No. 11272, Feb. 1, 2012>
(2) Matters necessary for procedures of performing duties on behalf of the Minister of Employment and Labor under paragraph (1) and subsidization of expenses incurred therein shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9316, Dec. 31, 2008]
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 Article 60 (Delegation and Entrustment of Authority)   print
The Minister of Employment and Labor may delegate part of his/her authority under this Act to the heads of local labor agencies or the heads of local governments or entrust it to anyone prescribed by Presidential Decree, such as the heads, etc. of public organizations as prescribed by Presidential Decree. <Amended by Act No. 10339, Jun. 4, 2010>
[This Article Wholly Amended by Act No. 9316, Dec. 31, 2008]
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 Article 61 (Deemed Public Officials for Purposes of Penal Provisions)   print
Persons engaged in duties entrusted by the Minister of Employment and Labor under Article 60 shall be deemed public officials for the purpose of Articles 129 through 132 of the Criminal Act. <Amended by Act No. 10337, May 31, 2010; Act No. 10339, Jun. 4, 2010>
[This Article Wholly Amended by Act No. 9316, Dec. 31, 2008]
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 Article 62 (Hearings)   print
The Minister of Employment and Labor shall hold a hearing whenever he/she intends to take any of the following dispositions: <Amended by Act No. 10337, May 31, 2010; Act No. 10339, Jun. 4, 2010; Act No. 11272, Feb. 1, 2012>
1. When he/she intends to revoke recognition of any workplace skill development training course under Article 19 (2) or 24 (2);
2. When he/she intends to revoke approval of any public occupational training establishment under Article 27 (2);
3. When he/she intends to revoke designation of any designated occupational training establishment under Article 31 (1);
4. When he/she intends to revoke permission for establishing any corporation for workplace skill development training under Article 32 (2);
5. When he/she intends to revoke qualifications of any teacher of workplace skill development training under Article 35 (1);
6. When he/she intends to revoke approval for any training establishment or training course under Article 36 (3);
7. When he/she intends to revoke authorization for establishment of an advanced major course for a degree under Article 49-2 (1).
[This Article Wholly Amended by Act No. 9316, Dec. 31, 2008]
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 Article 63 (Fines for Negligence)   print
(1) Any of the following persons shall be punished by a fine for negligence not exceeding three million won: <Amended by Act No. 10337, May 31, 2010>
1. Anyone who fails to pay disaster consolation benefits, in violation of Article 11;
2. Anyone who fails to keep documents regarding subsidization and loan of costs under Article 23-2;
3. Anyone who fails to report under Article 28 (3);
4. Anyone who fails to refund training fees, in violation of Article 30 (2);
4-2. Anyone, other than a polytechnic college, has used the identity of a polytechnic college or similar title thereto, in violation of Article 51;
5. Anyone who fails to report under Article 58 or reports falsely;
6. Anyone who fails to comply with an order to submit material under Article 58 or submits false material;
7. Anyone who falsely answers questions by relevant public officials or refuses, interferes with or evades guidance and supervision by the relevant public officials under Article 58.
(2) Fines for negligence under paragraph (1) shall be imposed and collected by the Minister of Employment and Labor as prescribed by Presidential Decree. <Amended by Act No. 10339, Jun. 4, 2010>
[This Article Wholly Amended by Act No. 9316, Dec. 31, 2008]
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Recognition of Training Courses)
The training courses in any workplace skill development training conducted after being recognized or designated by the Minister of Labor under the previous provisions as at the time this Act enters into force shall be deemed the workplace skill development training courses recognized under the amended provisions of Article 24 until the relevant training courses are completed.
Article 3 (Transitional Measures concerning Workplace Skill Development Training Establishments)
(1) Any public occupational training establishment established after obtaining approval from the Minister of Labor as at the time this Act enters into force shall be deemed to have approved by the Minister of Labor under Article 27 of this Act.
(2) Any workplace skill development training establishment established by being designated by the Minister of Labor as at the time this Act enters into force shall be deemed a designated occupational training establishment designated by the Minister of Labor under Article 28, for two years from the date this Act enters into force.
Article 4 (Transitional Measures concerning Corporations for Workplace Skill Development Training)
Any workplace skill development training corporation permission for establishment of which is obtained under the previous provisions as at the time this Act enters into force shall be deemed a corporation for workplace skill development training established after obtaining permission therefor under Article 32.
Article 5 (Transitional Measures concerning Qualifications for Teachers of Workplace Skill Development Training)
Anyone who has acquired qualifications as a teacher of workplace skill development training under the previous provisions as at the time this Act enters into force shall be deemed a person who acquires qualifications as a teacher of workplace skill development training under of Article 33.
Article 6 (Transitional Measures concerning Grounds of Disqualification for Teachers of Workplace Skill Development Training)
Anyone subjected to a disposition taken to revoke qualifications as a teacher of workplace skill development training as at the time this Act enters into force shall be governed by the previous provisions, notwithstanding the provisions of subparagraph 6 of Article 34.
Article 7 (Transitional Measures concerning Disposition Taken to Illegal Conduct)
Anyone subjected to revocation or suspension of qualifications, restrictions on commission, restrictions on recognition, designation, etc. by the Minister of Labor under the previous Articles 10, 17-2 and 28-2 as at the time this Act enters into force shall be deemed a person subjected to revocation or suspension of qualification, restrictions on commission, restrictions on recognition, designation, etc. under Articles 35, 16 and 25.
Article 8 (Transitional Measures concerning Penal Provisions)
The application of penal provisions and fines for negligence to any conduct performed before this Act enters into force shall be governed by the previous provisions.
Article 9 Omitted.
Article 10 (Relation to other Acts and Subordinate Statutes)
Where the previous Vocational Training Promotion Act is cited or applied mutatis mutandis in other Acts and subordinate statutes as at the time this Act enters into force, this Act and the relevant provisions of this Act shall be deemed cited and applied mutatis mutandis in place of previous provisions if provisions corresponding thereto exist in this Act.
ADDENDA <Act No. 7428, Mar. 31, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDUM <Act No. 8073, Dec. 21, 2006>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 8294, Jan. 26, 2007>
(1) (Enforcement Date) This Act shall enter into force three months after the date of its promulgation.
(2) (Transitional Measures concerning Restrictions on Commission of Workplace Skill Development Training and Additional Collection) Where anyone who has been commissioned for workplace skill development training under Article 16 (1) has obtained or intends to obtain training fees by fraudulent or other unlawful means before this Act enters into force, the previous provisions shall apply, notwithstanding the amended provisions of Article 16 (3) and (5).
(3) (Transitional Measures concerning Restrictions on Recognition of Workplace Skill Development Training Courses and Additional Collection) Where anyone whose workplace skill development training courses have been recognized under Article 24 has received or intends to receive any subsidy or loan for the costs thereof by fraudulent or other unlawful means before this Act enters into force, the previous provisions shall apply, notwithstanding the amended provisions of Article 25 (2) and (4).
ADDENDA <Act No. 8372, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 17 Omitted.
ADDENDA <Act No. 8429, May 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 8814, Dec. 27, 2007>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation.
(2) Omitted.
ADDENDA <Act No. 8815, Dec. 27, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Act No. 9316, Dec. 31, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 23-2, 25 (1) 3 and 48 (1) 2 shall enter into force three months after the date of its promulgation.
Article 2 (Applicability concerning Revocation of Recognition due to Illegal Payment from Business Operators, etc.)
The amended provisions of Article 25 (1) 3 shall start applying to the first case where anyone has received or intends to receive costs by fraudulent or other unlawful means after the said amended provisions enter into force.
Article 3 (Applicability concerning Imposition of Fines for Negligence due to Violations of Obligations to Keep Documents)
The amended provisions of Article 48 (1) 2 shall start applying to the first case where documents regarding costs for workplace skill development projects subsidized or loaned after the said amended provisions enter into force.
ADDENDA <Act No. 9792, Oct. 9, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2010.
Articles 2 and 3 Omitted.
ADDENDA <Act No. 10337, May 31, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation: Provided, That the amended provisions of Article 5 shall enter into force on Jan. 1, 2012.
Article 2 (Revocation of Other Acts)
The Polytechnic College Act shall be revoked.
Article 3 (Transitional Measures concerning Recognition of Workplace Skill Development Training Course)
Among the courses of workplace skill development training which have been recognized under the previous Article 24 at the time this Act enters into force, the course of workplace skill development training, which has been recognized by a person who intends to conduct workplace skill development training by which a worker may receive training costs under the previous Article 21 (1) 1, shall be deemed the course of workplace skill development training recognized under the amended provisions of Article 19.
Article 4 (Transitional Measures concerning Polytechnic College)
A polytechnic college which has been established under the previous Polytechnic College Act at the time this Act enters into force shall be considered to be the polytechnic college under the amended provisions of Article 39.
Article 5 (General Transitional Measures concerning Disposition, etc.)
An act of administrative agency or an act for administrative agency under the previous Polytechnic College Act at the time this Act enters into force shall be deemed an act of administrative agency or an act for administrative agency corresponding thereto in accordance with this Act.
Article 6 (Transitional Measures concerning Fines for Negligence.)
Where the provision of the fines for negligence is applied with respect to the act that anyone who is not identical to the Polytechnic College has used the identity of the Polytechnic College or similar title thereto at the time before this Act enters into force, the previous Polytechnic College Act shall apply.
Article 7 Omitted.
Article 8 (Relation with Other Acts and Subordinate Statutes)
Where the previous Act on the Development of Workplace Skills of Workers or its provisions and the previous Polytechnic College Act or its provisions are cited by other Acts and subordinate statues at the time this Act enters into force, if this Act includes corresponding provisions, this Act or its provisions corresponding thereto shall be deemed to have been cited in lieu of the previous Act on the Development of Workplace Skills of Workers or its provisions and the previous Polytechnic College Act or its provisions.
ADDENDA <Act No. 10338, May 31, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force on Jan. 1, 2011.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 10339, Jun. 4, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force one month after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Act No. 10866, Jul. 21, 2011>
Article 1 (Enforcement Date)
This Act enters into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA <Act No. 11042, Sep. 15, 2011>
Article 1 (Enforcement Date)
This Act enters into force on July. 1, 2012.
Article 2 Omitted.
ADDENDA <Act No. 11272, Feb. 1, 2012>
Article 1 (Enforcement Date)
This Act enters into force five months after the date of its promulgation.
Article 2 (Transitional Measures concerning Revocation of Designation, etc.)
Designated occupational training establishments to which any cause of revocation, etc. of designation has occurred before this Act enters into force shall be governed by the former provisions, notwithstanding the amended provisions of Article 31 (1).
ADDENDA <Act No. 11461, Jun. 1, 2012>
Article 1 (Enforcement Date)
This Act enters into force three months after the date of its promulgation.
Articles 2 through 10 Omitted.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
(1) This Act enters into force on the date of its promulgation.
(2) Omitted.
Articles 2 through 7 Omitted.