law view
| Article 1 (Purpose) |
 |
The purpose of this Act is to establish the national technical qualification system meeting the needs of industrial circles by making its operation efficient and thereby to develop the occupational capabilities of technical manpower and to contribute to the improvement of the social status of technical manpower as well as to the development of the national economy.
[This Article Wholly Amended by Act No. 10336, May 31, 2010]
law view
| Article 2 (Definitions) |
|
The definitions of terms used in this Act shall be as follows:
| 1. |
The term "national technical qualification" means any qualification, among national qualifications under the Framework Act on Qualifications, in technical, skill, and service areas related with industry; |
| 2. |
The term "grade of national technical qualification" means a level of national technical qualification graded according to the degree of the technical manpower's competence for duties; |
| 3. |
The term "occupational field of national technical qualification" means the area of national technical qualification classified according to the details of competence for duties needed by industrial circles, as determined by Ordinance of the Ministry of Employment and Labor; |
| 4. |
The term "category of national technical qualification" means the grades of national technical qualification categorized by occupation, which constitute the basic unit of national technical qualification. |
[This Article Wholly Amended by Act No. 10336, May 31, 2010]
law view
| Article 3 (Duties of State, etc.) |
|
| (1) |
The State shall adopt policy measures necessary to effectively reflect job performance abilities, etc. needed by industrial circles on the national technical qualification system and to link the national technical qualification system with education, training, and employment. |
| (2) |
The State shall adopt policy measures necessary to ensure the compatibility of national technical qualification with other relevant national qualifications and international consistency in the national technical qualification. |
| (3) |
The State and local governments shall adopt policy measures necessary to maintain and improve the social and economic status of the holders of national technical qualifications and to guarantee their employment and status. |
[This Article Wholly Amended by Act No. 10336, May 31, 2010]
law view
| Article 4 (Cooperation by Business Owners, etc.) |
|
Business owners, business owners' organizations, and workers' organizations shall actively cooperate in the development of the national technical qualification system through participation, etc. in the operation of such system, so that national technical qualifications may effectively reflect the needs of industrial circles.
[This Article Wholly Amended by Act No. 10336, May 31, 2010]
law view
| Article 5 (Formulation of Basic Plan for Development of National Technical Qualification System) |
|
| (1) |
The Minister of Employment and Labor shall formulate and implement a basic plan for development of the national technical qualification system (hereinafter referred to as "basic plan") every three years to efficiently manage the national technical qualification system. <Amended by Act No. 10339, Jun. 4, 2010> |
| (2) |
A basic plan shall include the following matters: <Amended by Act No. 10339, Jun. 4, 2010> |
| 1. |
Midand long-term policy goals and directions of national technical qualification system; |
| 2. |
Matters relating to the trends and outlook of the demand for and supply of technical manpower; |
| 3. |
Matters relating to the standardization and utilization of job performance abilities needed by industrial circles; |
| 4. |
Matters relating to the establishment, change, and repeal of the categories of national technical qualification; |
| 5. |
Matters relating to the operational results of the national technical qualification system and the evaluation thereof; |
| 6. |
Matters relating to the further utilization of the holders of national technical qualification; |
| 7. |
Matters relating to the duties of the State, etc. under Article 3; |
| 8. |
Matters relating to the establishment of the national technical qualification information system under Article 7; |
| 9. |
Other matters deemed by the Minister of Employment and Labor necessary for the operation of the national technical qualification system. |
| (3) |
In formulating a basic plan, the Minister of Employment and Labor shall undergo deliberation by the National Technical Qualification Policy Council under Article 6 after consultation with the head of the central administrative agency concerned. <Amended by Act No. 10339, Jun. 4, 2010> |
| (4) |
When the Minister of Employment and Labor has formulated a basic plan, he/she shall report thereon to the State Council and publicly announce it. <Amended by Act No. 10339, Jun. 4, 2010> |
| (5) |
The Minister of Employment and Labor may request the central administrative agency concerned and other related institutions and organizations (hereinafter referred to as "central administrative agency concerned, etc.") to submit materials necessary for formulation of a basic plan and the central administrative agency concerned, etc. shall comply therewith unless extenuating circumstances exist. <Amended by Act No. 10339, Jun. 4, 2010> |
[This Article Wholly Amended by Act No. 10336, May 31, 2010]
law view
| Article 6 (National Technical Qualification Policy Council) |
|
| (1) |
A National Technical Qualification Policy Council (hereinafter referred to as the "Policy Council") shall be established under control of the Ministry of Employment and Labor to deliberate on important matters relating to the national technical qualification system. <Amended by Act No. 10339, Jun. 4, 2010> |
| (2) |
The Policy Council shall deliberate on the following matters: <Amended by Act No. 10339, Jun. 4, 2010> |
| 1. |
Matters relating to the formulation of a basic plan; |
| 2. |
Matters relating to the adoption of major policies, among the duties of the State, etc. under Article 3; |
| 3. |
Matters relating to the establishment, etc. of the national technical qualification information system under Article 7; |
| 4. |
Matters relating to the grades and occupational fields of national technical qualification and the establishment, change, and repeal of the categories of national technical qualification; |
| 5. |
Matters relating to the final determination, etc. of the categories of national technical qualification, the examination for which can be administered only by the State; |
| 6. |
Matters relating to the mutual recognition of national technical qualification among countries; |
| 7. |
Matters relating to the entrustment of authority under Article 23 (2); |
| 8. |
Matters relating to the evaluation of the entrusted agencies under Article 24; |
| 9. |
Other matters deemed by the Minister of Employment and Labor necessary for the efficient operation of the national technical qualification system. |
| (3) |
The office of the chairperson of the Policy Council shall be held by the Minister of Employment and Labor, and the members thereof shall be composed of the following persons: <Amended by Act No. 10339, Jun. 4, 2010> |
| 1. |
Vice minister-level public officials of the central administrative agency concerned determined by Presidential Decree; |
| 2. |
Persons of abundant learning and experience in science and technology, vocational education and training, and qualification systems, who are commissioned by the Minister of Employment and Labor; |
| 3. |
Other persons commissioned by the Minister of Employment and Labor from among those working for business owners' organizations or workers' organizations. |
| (4) |
Specialized committees may be established by field under control of the Policy Council to efficiently operate the Policy Council, if necessary. |
| (5) |
The organization, functions, and operation of the Policy Council and specialized committees and other necessary matters shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 10336, May 31, 2010]
law view
| Article 7 (Establishment, etc. of National Technical Qualification Information System) |
|
| (1) |
The Minister of Employment and Labor may establish and operate a national technical qualification information system (hereinafter referred to as "information system") necessary to operate the national technical qualification system, which manages the service records of the holders of national technical qualification (excluding the service records of the holders of national technical qualification managed under other Acts and subordinate statutes), information on national technical qualification, etc. <Amended by Act No. 10339, Jun. 4, 2010> |
| (2) |
The Minister of Employment and Labor may request the central administrative agency concerned, etc. and the holders of national technical qualification to submit materials necessary for the establishment and operation of the information system, as prescribed by Presidential Decree, and the central administrative agency concerned, etc. shall comply therewith unless extenuating circumstances exist. <Amended by Act No. 10339, Jun. 4, 2010> |
| (3) |
The Minister of Employment and Labor may, if necessary, allow persons determined by Presidential Decree to fully or partially perform business relating to the establishment and operation of the information system on his/her behalf. <Amended by Act No. 10339, Jun. 4, 2010> |
| (4) |
The Minister of Employment and Labor may subsidize necessary expenses incurred in the vicarious performance of business under paragraph (3). <Amended by Act No. 10339, Jun. 4, 2010> |
| (5) |
Other necessary matters regarding the establishment and operation of the information system shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 10336, May 31, 2010]
law view
| Article 8 (Investigation and Research of National Technical Qualification) |
|
| (1) |
The Minister of Employment and Labor may conduct investigation and research projects necessary to efficiently operate the national technical qualification system. <Amended by Act No. 10339, Jun. 4, 2010> |
| (2) |
The Minister of Employment and Labor may regularly investigate and research as to whether the categories of the national technical qualification system meet the needs of industrial circles and may disclose the results thereof. <Amended by Act No. 10339, Jun. 4, 2010> |
| (3) |
The Minister of Employment and Labor may, if necessary, allow persons determined by Presidential Decree to partially perform business referred to in paragraphs (1) and (2) on his/her behalf. <Amended by Act No. 10339, Jun. 4, 2010> |
| (4) |
The Minister of Employment and Labor may subsidize necessary expenses incurred in the vicarious performance of business under paragraph (3). <Amended by Act No. 10339, Jun. 4, 2010> |
| (5) |
Matters necessary to facilitate the performance of investigation and research projects referred to in paragraphs (1) and (2) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 10336, May 31, 2010]
law view
| Article 8-2 (Fields of Operation of National Technical Qualification) |
|
| (1) |
The State may operate national technical qualification in the field falling under any of the following subparagraphs: |
| 1. |
Field which is directly linked to the lives, health and safety of citizens; |
| 2. |
Field in which the management of the State is necessary or high ethics is required in order to maintain social order or good morals; |
| 3. |
Field in which national cultivation of human resources and recognition of job performance abilities are required in order to preserve and develop a national key and strategic industry and to cultivate a new industry (referring to a new industry under Article 4 (2) 3 of the Industrial Development Act); |
| 4. |
Field in which national recognition of job performance abilities is required as basic abilities which are common to all industries. |
| (2) |
Categories of national technical qualification shall be determined by Ordinance of the Ministry of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010> |
| (3) |
Standards and procedures for establishment, change and repeal of the categories of national technical qualification shall be determined by Presidential Decree. |
[This Article Newly Inserted by Act No. 10336, May 31, 2010]
law view
| Article 9 (Grades of National Technical Qualification and Qualifications for Participation in Examination) |
|
| (1) |
The grades of national technical qualifications shall be as follows: |
| 1. |
Technical and skill areas: Professional engineers, master craftsmen, engineers, industrial engineers and technicians; |
| 2. |
Service areas: Grade prescribed by Presidential Decree within the scope of grades 1 to 3 by the category of national technical qualification. |
| (2) |
Necessary matters for the requirements for participation in an examination for national technical qualification shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 10336, May 31, 2010]
law view
| Article 10 (Acquisition, etc. of National Technical Qualification) |
|
| (1) |
Any person who intends to acquire any national technical qualification shall pass a national technical qualification examination administered by the head of the central administrative agency who takes charge of the matters relating to national technical qualification (hereinafter referred to as "competent Minister"): Provided, That any person who has acquired any qualification, among the qualifications under other Acts and subordinate statutes, recognized as equivalent to the national technical qualification under this Act, as prescribed by Ordinance of the Ministry of Employment and Labor shall be deemed a person who has acquired the national technical qualification under this Act. <Amended by Act No. 10339, Jun. 4, 2010> |
| (2) |
Necessary matters regarding the competent Minister taking charge of each national technical qualification examination and the standards for, methods of, and procedures for administrating national technical qualification examinations shall be prescribed by Presidential Decree. |
| (3) |
The competent Minister shall administrate a national technical qualification examination, following consultations with the Minister of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010> |
| (4) |
If a person commits any violation prescribed by Ordinance of the Ministry of Employment and Labor in taking a national technical qualification examination, the competent Minister shall suspend such person's examination or invalidate such person''s examination results. <Amended by Act No. 10339, Jun. 4, 2010> |
[This Article Wholly Amended by Act No. 10336, May 31, 2010]
law view
| Article 11 (Disqualification from Sitting for Examinations) |
|
Any person falling under any of the following subparagraphs shall be disqualified from sitting for national technical qualification examinations:
| 1. |
Any person who has been subjected to the disposition of suspension or invalidation of a national technical qualification examination under Article 10 (4) and for whom three years have not passed since such disposition has been taken; |
| 2. |
Any person who, having been subjected to the disposition of cancellation of a national technical qualification under Article 16 (1), applies for an examination for the same category of the cancelled national technical qualification within three years from the date such disposition has been taken; |
| 3. |
Any person who, having been subjected to the disposition of suspension of a national technical qualification under Article 16 (1), applies for an examination for the same category of the suspended national technical qualification during the period of such suspension. |
[This Article Wholly Amended by Act No. 10336, May 31, 2010]
law view
| Article 12 (Exemption from Subjects of National Technical Qualification Examination) |
|
| (1) |
Where any person falling under any of the following subparagraphs intends to take a national technical qualification examination, the competent Minister may exempt him/her from all or some of the subjects of such examination, as prescribed by Presidential Decree: |
| 1. |
Any person who, having acquired a national technical qualification, intends to take an examination of the category of another national technical qualification falling under the same occupational field and grade as the category of the acquired national technical qualification; |
| 2. |
Any person who has acquired a related foreign qualification mutually recognized by an agreement with a foreign country; |
| 3. |
Any person who has acquired a qualification pursuant to other Acts and subordinate statutes related to the national technical qualification for which he/she intends to take an examination; |
| 5. |
Any person who has acquired a qualification related to the national technical qualification for which he/she intends to take an examination from a region north of the Military Demarcation Line; |
| 6. |
Other persons deemed as having levels equal to or higher than the national technical qualification concerned, as prescribed by Presidential Decree. |
| (2) |
Necessary matters regarding the scope of, standards for, procedure for, etc. the exemption from subjects of an examination shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 10336, May 31, 2010]
law view
| Article 13 (National Technical Qualification Certificates) |
|
| (1) |
The competent Minister shall issue national technical qualification certificates to persons who pass national technical qualification examinations under Article 10. |
| (2) |
Where a national technical qualification certificate is lost or worn out or requires any change in its entries, a person to whom such certificate has been issued may apply for its re-issuance to the competent Minister. |
| (3) |
Necessary matters regarding the issuance, re-issuance and management of national technical qualification certificates shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 10336, May 31, 2010]
law view
| Article 14 (Preferential Treatment of Persons who have Acquired National Technical Qualification) |
|
| (1) |
The State and local governments shall, in cases of permitting, authorizing, registering, or licensing a business regarding the occupational field of a national technical qualification or endowing another advantage, give preferential treatment to a person who has acquired the national technical qualification of the corresponding occupational field to the extent permitted by other Acts and subordinate statutes. |
| (2) |
An employer who employs a holder of a national technical qualification as a worker of the corresponding occupational field shall give preferential treatment to the said worker, as prescribed by Presidential Decree. |
| (3) |
Any person who has acquired a national technical qualification shall receive the same treatment under other Acts and subordinate statutes as the person who has acquired the qualification under such other Acts and subordinate statutes which has the same category and level as the said national technical qualification, as prescribed by Ordinance of the Ministry of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010> |
| (4) |
The provisions of paragraphs (1) through (3) shall not apply to persons whose national technical qualification is suspended pursuant to the disposition of suspension of the national technical qualification under Article 16. |
[This Article Wholly Amended by Act No. 10336, May 31, 2010]
law view
| Article 15 (Obligation, etc. of Persons who have Acquired National Technical Qualification) |
|
| (1) |
Any person who has acquired a national technical qualification shall carry out his/her job conscientiously and shall not disgrace his/her own dignity. |
| (2) |
National technical qualification certificates issued under Article 13 shall be prohibited from being lent to or from any other person and also from arranging the lending. |
[This Article Wholly Amended by Act No. 10336, May 31, 2010]
law view
| Article 15-2 (Education and Training for Persons who have Acquired National Technical Qualifications) |
|
| (1) |
The Minister of Employment and Labor may conduct education and training for persons who have acquired national technical qualifications in order to improve their abilities to perform the duties. <Amended by Act No. 10339, Jun. 4, 2010> |
| (2) |
Necessary matters concerning the categories of national technical qualifications subject to education and training referred to in paragraph (1) and procedures for education and training, etc. shall be determined by Ordinance of the Ministry of Employment and Labor after undergoing consultations thereabout with the heads of central administrative agencies concerned. <Amended by Act No. 10339, Jun. 4, 2010> |
[This Article Wholly Amended by Act No. 10336, May 31, 2010]
law view
| Article 15-3 (Investigation of Lending and Arrangement of Lending of National Technical Qualification Certificates) |
|
| (1) |
Where it is necessary to investigate a violation of Article 15 (2) which prescribes the prohibition of lending and arrangement of lending of a national technical qualification certificate, the competent Minister or the Minister of Employment and Labor (hereafter referred to as "competent Minister, etc." in this Article) shall have any staff under his/her control (including an employee of an institution delegated or entrusted by the competent Minister, etc. the duty of managing persons who have acquired national technical qualification under other Acts) enter a place of business of a business owner who employs or employed persons who have acquired national technical qualifications to make inquiries to the persons concerned or to inspect documents, such as accounting books. <Amended by Act No. 10339, Jun. 4, 2010> |
| (2) |
Where it is necessary for an investigation under paragraph (1), the competent Minister, etc. may request the relevant central administrative agency, local government and any other public institution to submit data concerning the status of employment of persons who have acquired national technical qualifications and the places of business concerned. |
| (3) |
Where the competent Minister, etc. makes an investigation under paragraph (1), he/she shall inform business owners of necessary matters, such as the date and time and details of the investigation in advance: Provided, That the same shall not apply to cases of emergency or cases where it is deemed impossible to attain the objectives of an investigation if such information is provided in advance. |
| (4) |
Any staff member who makes an investigation under paragraph (1) shall carry certification indicating his/her authority and produce it to the persons concerned. |
| (5) |
The competent Minister, etc. shall inform a business owner, etc. of results of investigation under paragraph (1). |
[This Article Newly Inserted by Act No. 10336, May 31, 2010]
law view
| Article 16 (Cancellation, etc. of National Technical Qualification) |
|
| (1) |
The competent Minister may cancel a national technical qualification of a person who falls under any of the following subparagraphs or suspend his/her qualification for up to three years: Provided, That where he/she falls under subparagraph 1, his/her national technical qualification shall be cancelled: |
| 1. |
Where he/she has acquired his/her national technical qualification by fraudulent or other illegal means; |
| 2. |
Where he/she has harmed the public interest or has caused any damage to any other person by performing his/her duties insincerely or disgracing his/her own dignity, in violation of Article 15 (1); |
| 3. |
Where he/she has lent his/her national technical qualification certificate to any other person, in violation of Article 15 (2). |
| (2) |
The standards for the cancellation or suspension of a national technical qualification under paragraph (1) shall be prescribed by Ordinance of the Ministry of Employment and Labor, taking into consideration the reasons for such disposition, the severity of such violation, etc. <Amended by Act No. 10339, Jun. 4, 2010> |
[This Article Wholly Amended by Act No. 10336, May 31, 2010]
law view
| Article 17 (Hearings) |
|
If the competent Minister intends to cancel a national technical qualification pursuant to Article 16 (1), he/she shall hold a hearing.
[This Article Wholly Amended by Act No. 10336, May 31, 2010]
law view
| Article 18 (Prohibiting Use of Title) |
|
No person without the acquisition of national technical qualification may use the title by the grade and category of the national technical qualification.
law view
| Article 19 (Prohibition of Examination of Similar Qualification, etc.) |
|
| (1) |
No person, other than the State, may administer any qualifying examination identical or similar to national technical qualification examinations of the field falling under Article 8-2 (1) 1 or 2. |
| (2) |
The categories of national technical qualifications, the examination for which can be administered only by the State pursuant to paragraph (1) shall be prescribed by Ordinance of the Ministry of Employment and Labor after undergoing deliberation by the Policy Council. <Amended by Act No. 10339, Jun. 4, 2010> |
[This Article Wholly Amended by Act No. 10336, May 31, 2010]
law view
| Article 20 (Consultation for Official Approval of Civil Technical Qualification) |
|
When the competent Minister or the Minister of Employment and Labor receives a request from the president of the Korea Research Institute for Vocational Education and Training established under the Act on the Establishment, Operation and Fostering of Government-Funded Research Institutions, for consultation pertaining to official approval of civil qualification under the Framework Act on Qualifications, he/she shall make an investigation as to whether the standards for examinations for the relevant civil technical qualification (referring to the qualification of technical areas among civil qualifications under the Framework Act on Qualifications) are equivalent to the standards for examinations for national technical qualification under this Act. <Amended by Act No. 10339, Jun. 4, 2010>
[This Article Wholly Amended by Act No. 10336, May 31, 2010]
law view
| Article 21 (Mutual Recognition of National Technical Qualification among Countries) |
|
| (1) |
Where it is judged that a foreign qualification or an internationally recognized qualification is of the same kind and level as a national technical qualification under this Act and a person who has acquired the said qualification has the ability to conduct the exchange of business with a person who has acquired a national technical qualification under this Act (including a person who is recognized to have the same qualification as that held by the person who has acquired the national technical qualification under other Acts and subordinate statues), the State may recognize such foreign qualification or internationally recognized qualification according to agreements between countries, etc. |
| (2) |
Necessary matters regarding the mutual recognition of national technical qualifications under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 10336, May 31, 2010]
law view
| Article 22 (Fees) |
|
Any person who falls under any of the following subparagraphs shall pay a fee, as prescribed by Ordinance of the Ministry of Employment and Labor: <Amended by Act No. 10339, Jun. 4, 2010>
| 1. |
Any person who intends to take a national technical qualification examination under Article 10; |
| 2. |
Any person who intends to receive the issuance or re-issuance of a national technical qualification certificate under Article 13; |
| 3. |
Any person who intends to receive the issuance of a document verifying a national technical qualification. |
[This Article Wholly Amended by Act No. 10336, May 31, 2010]
law view
| Article 23 (Delegation and Entrustment of Authority) |
|
| (1) |
The competent Minister may partially delegate his/her authority under this Act to the head of an affiliated agency, a Special Metropolitan City Mayor, a Metropolitan City Mayor, a Do Governor, or the Governor of a Special Self-Governing Province, or entrust it to the head of another administrative agency, as prescribed by Presidential Decree. |
| (2) |
The competent Minister may partially entrust national technical qualification examination business to any related specialized institution or organization that meets the standards for entrustment prescribed by Presidential Decree pursuant to the procedures prescribed by Ordinance of the Ministry of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010> |
| (3) |
The Minister of Employment and Labor may entrust specialized institutions or organizations prescribed by Presidential Decree with business of education and training provided for in Article 15-2 (1). <Amended by Act No. 10339, Jun. 4, 2010> |
| (4) |
Where the competent Minister or the Minister of Employment and Labor entrusts business under paragraph (2) or (3), he/she may subsidize necessary expenses incurred in handling and managing the entrusted business to an institution or organization entrusted with such business. <Amended by Act No. 10339, Jun. 4, 2010> |
| (5) |
The Minister of Employment and Labor may provide an institution or organization entrusted with business pursuant to paragraph (2) (hereinafter referred to as "entrusted institutions") technical assistance necessary for the handling of such entrusted business, as prescribed by Presidential Decree. <Amended by Act No. 10339, Jun. 4, 2010> |
[This Article Wholly Amended by Act No. 10336, May 31, 2010]
law view
| Article 24 (Evaluation of Entrusted Institutions) |
|
| (1) |
The Minister of Employment and Labor may evaluate the entrusted institutions with respect to any of the following matters to raise the quality level of national technical qualification examination business and may publish the results thereof: <Amended by Act No. 10339, Jun. 4, 2010> |
| 1. |
Matters relating to the ability to administer national technical qualification examinations; |
| 2. |
Matters relating to the adequate holding and management of examination facilities and equipment; |
| 3. |
Matters relating to the management and operation of national technical qualification examinations, such as a plan for implementing examinations, the preparation and marking of examination papers, and the security of examinations; |
| 4. |
Matters relating to the management of persons who have acquired national technical qualifications; |
| 5. |
Other matters deemed by the Minister of Employment and Labor necessary to raise the quality level of the entrusted institutions. |
| (2) |
The Minister of Employment and Labor shall notify the competent Minister of the results of evaluation under paragraph (1). <Amended by Act No. 10339, Jun. 4, 2010> |
| (3) |
The Minister of Employment and Labor may, if necessary, allow persons determined by Presidential Decree to fully or partially perform the business of evaluation under paragraph (1) on his/her behalf. <Amended by Act No. 10339, Jun. 4, 2010> |
| (4) |
The Minister of Employment and Labor may subsidize necessary expenses incurred in the vicarious performance of business under paragraph (3). <Amended by Act No. 10339, Jun. 4, 2010> |
| (5) |
Necessary matters regarding the methods, etc. of conducting evaluation under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 10336, May 31, 2010]
law view
| Article 24-2 (Revocation of Entrustment, etc. of Entrusted Institutions) |
|
| (1) |
Where any entrusted institution falls under any of the following subparagraphs, the competent Minister may order such entrusted institution to make a correction thereof or revoke the entrustment of qualification examination business under Article 23 (2): Provided, That in cases falling under subparagraph 1, the competent Minister shall revoke the entrustment of qualification examination business: <Amended by Act No. 10339, Jun. 4, 2010> |
| 1. |
Where the entrusted institution has been entrusted with qualification examination business by fraudulent or other illegal means; |
| 2. |
Where the entrusted institution ceases to meet the entrustment standards provided for in Article 23 (2); |
| 3. |
Where the entrusted institution is required to take improvement measures as a result of the evaluation notified by the Minister of Employment and Labor pursuant to Article 24 (2); |
| 4. |
Where the entrusted institution performs qualification examination business by fraudulent or other illegal means. |
| (2) |
Where any entrusted institution is determined to fall under any subparagraph of paragraph (1), the Minister of Employment and Labor may recommend the competent Minister to take an action referred to in paragraph (1). <Amended by Act No. 10339, Jun. 4, 2010> |
| (3) |
Where the competent Minister revokes the entrustment of qualification examination business, he/she shall notify the Minister of Employment and Labor, and the Minister of Employment and Labor shall publicly announce that the entrustment of such qualification examination business is revoked. <Amended by Act No. 10339, Jun. 4, 2010> |
| (4) |
Where the entrustment of qualification examination business is revoked, the competent Minister may order any institution or organization prescribed by Presidential Decree to perform the qualification examination business in question until a new institution is entrusted with such business. |
[This Article Wholly Amended by Act No. 10336, May 31, 2010]
law view
| Article 24-3 (Installation of Facilities Used for National Technical Qualification Examinations) |
|
| (1) |
The competent Minister and the Minister of Employment and Labor shall secure facilities and equipment, both of which are needed to hold national technical qualification examinations in response to changes in the demand for industrial manpower and technologies. <Amended by Act No. 10339, Jun. 4, 2010> |
| (2) |
The competent Minister or the Minister of Employment and Labor may use the facilities and equipment of enterprises and educational and training institutions prescribed by Ordinance of the Ministry of Employment and Labor to hold national technical qualification examinations. In such cases, necessary expenses may be subsidized to the relevant enterprises or educational and training institutions. <Amended by Act No. 10339, Jun. 4, 2010> |
| (3) |
Necessary matters concerning requirements for subsidizing the expenses referred to in the latter part of paragraph (2), the amount of subsidy and procedures for subsidization shall be prescribed by Ordinance of the Ministry of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010> |
[This Article Wholly Amended by Act No. 10336, May 31, 2010]
law view
| Article 25 (Legal Fiction as Public Officials in Application of Penal Provisions) |
|
[This Article Wholly Amended by Act No. 10336, May 31, 2010]
law view
| Article 25-2 (Confidentiality Obligations) |
|
| (1) |
A person who is or was an executive or employee of an entrusted institution that is entrusted with national technical qualification examination business under Article 23 (2) shall not disclose any confidential information that he/she becomes aware of during the course of performing his/her duties. |
| (2) |
A person in charge of preparing, reviewing and printing questions for examination, a person in charge of making interview, or a person in charge of managing practical examinations and supervising examinations entrusted by any entrusted institution in connection with the performance of national technical qualification examination business, may not disclose any confidential information that he/she becomes aware of during the course of performing his/her duties. |
[This Article Newly Inserted by Act No. 10336, May 31, 2010]
law view
| Article 25-3 (Reexamination of Regulations) |
|
The Government shall re-examine the adequacy every five years with respect to investigations of lending and arrangement of lending of national technical qualification certificates referred to in Article 15-3 and confidentiality obligations referred to in Article 25-2.
[This Article Newly Inserted by Act No. 10336, May 31, 2010]
law view
| Article 26 (Penal Provisions) |
|
| (1) |
Any person who administers an examination in violation of Article 19 (1) shall be punished by imprisonment for not more than two years or by a fine not exceeding twenty million won. |
| (2) |
Any person who discloses confidential information that he/she becomes aware of during the course of performing his/her duties in violation of Article 25-2 shall be punished by imprisonment for not more than two years or by a fine not exceeding ten million won. |
| (3) |
Any person who falls under any of the following subparagraphs shall be punished by imprisonment for not more than one year or by a fine not exceeding five million won: |
| 1. |
Any person who lends his/her national technical qualification certificate to a third person or any person who arranges the lending of any national technical qualification certificate, in violation of Article 15 (2); |
| 2. |
Any person who uses a title by the grade and category of a national technical qualification, in violation of Article 18. |
[This Article Wholly Amended by Act No. 10336, May 31, 2010]
law view
| Article 26-2 (Fines for Negligence) |
|
| (1) |
Any person who refuses, obstructs, or evades an investigation under Article 15-3 or submit a false statement or data without justifiable grounds shall be punished by a fine for negligence not exceeding three million won. |
| (2) |
Fines for negligence under paragraph (1) shall be imposed and collected by the competent Minister or the Minister of Employment and Labor, as prescribed by Presidential Decree. <Amended by Act No. 10339, Jun. 4, 2010> |
[This Article Newly Inserted by Act No. 10336, May 31, 2010]
law view
| Article 27 (Joint Penal Provisions) |
|
If a representative of a corporation, or an agent, servant or any other employee of a corporation or individual commits an offense provided for in Article 26 (3) 1 in connection with the affairs of such corporation or individual, a fine stipulated in the said provisions shall be imposed on such corporation or individual, in addition to punishment of the offender: Provided, That this shall not apply where the corporation or individual has not neglected to pay reasonable attention to and supervise the relevant affairs to prevent such offense.
[This Article Wholly Amended by Act No. 10336, May 31, 2010]
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2005.
Article 2 (Applicability to Basic Plans)
The first basic plan after this Act enters into force shall be established not later than December 31, 2006.
Article 3 (Applicability to Disqualification for Sitting for Examination)
The amended provisions of subparagraph 2 of Article 11 shall apply to persons whose national technical qualifications are cancelled on or after the date this Act enters into force.
Article 4 (Applicability to Exemption from Subjects of National Technical Qualification Examinations)
The amended provisions of Article 12 (1) 1 shall apply to persons who intend to take national technical qualification examinations conducted on or after January 1, 2006.
Article 5 (Transitional Measures concerning Persons who have Acquired Technical Qualification)
A person who has acquired the technical qualification according to the previous provisions of Article 4 as at the time this Act enters into force shall be deemed to have acquired the national technical qualification by this Act.
Article 6 (Transitional Measures concerning Persons who have Acquired Qualification by other Acts and Subordinate Statutes)
A person who is deemed to have acquired the technical qualification according to the previous provisions of Article 14 as at the time this Act enters into force shall be deemed to have acquired the national technical qualification by this Act.
Article 7 (Transitional Measures concerning Entrustment of National Technical Qualification Examination Business)
A person entrusted with national technical qualification examinations as at the time this Act enters into force shall be deemed to meet the standards for entrustment under the amended provisions of Article 23 (2) to the extent of three years from the date this Act enters into force.
Article 8 Omitted.
Article 9 (Relations with other Acts and Subordinate Statutes)
ADDENDUM<Act No. 7830, Dec. 30, 2005>
This Act shall enter into force three months after the date of its promulgation.
ADDENDUM<Act No. 8406, Apr. 27, 2007>
This Act shall enter into force on July 1, 2007.
ADDENDUM<Act No. 10336, May 31, 2010>
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 5 (1) shall enter into force on January 1, 2013.
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.
