WORKERS VOCATIONAL SKILLS DEVELOPMENT ACT [See entire ACT]

CHAPTER Ⅰ General Provisions<Amended by Act No. 9316, Dec. 31, 2008>

Article 1 (Purpose)

The purpose of this Act is to promote and stabilize the employment of workers, raise their social and economic status, improve the productivity of enterprises, and thus contribute to social and economic development by promoting and supporting workers' skills development throughout their lives, training skilled and technical workforces required by industries, and conducting projects for industry-academia collaboration, etc.

Article 2 (Definition)

The terms used in this Act shall be defined as follows:
1. "Vocational skills development training" refers to training conducted to help workers acquire and improve their abilities to perform their work, which are necessary for their jobs;
2. “Vocational skills development activities” refer to such activities as providing vocational skills development training, developing vocational skills development training media and courses and conducting surveys or research on vocational skills development;
3. “Vocational skills development training facilities” refers to facilities described in the following items :
A. Public vocational training facilities : facilities established by the State, local governments and public organizations prescribed by the Presidential Decree (hereinafter referred to as “public organizations”) to conduct vocational skills development training in consultation with the Minister of Employment and Labor or with the approval of the Minister of Employment and Labor pursuant to Article 27; and
B. Designated vocational training facilities : facilities, such as vocational training institutes and vocational training schools, etc., founded and established to conduct vocational skills development training and designated by the Minister of Employment and Labor pursuant to Article 28.
4. “Worker” refers to a person who is employed by an employer and a person who intends to be employed; and
5. “Polytechnic college" refers to an education or training institute which is a junior college under subparagraph 4 of Article 2 of the Higher Education Act and runs multi-skilled technician courses under Article 40, which are degree courses, along with vocational training courses.

Article 3 (Basic Principles of Vocational Skills Development Training)

(1) Vocational skills development training shall be systematically conducted in a manner that conforms to the hopes, aptitude, and abilities of an individual worker, throughout his/her life.
(2) Vocational skills development training shall be conducted in a way to respect the autonomy and creativity of the private sector and based on labor-management participation and cooperation.
(3) Vocational skills development training shall be conducted in a way not to discriminate against workers on the grounds of gender, age, physical conditions, employment status, religion, social status, etc., but to guarantee equal opportunities for all workers.
(4) Emphasis shall be placed on vocational skills development training for people specified in any of the following subparagraphs:
1. The aged and the disabled;
2. Eligible recipients under the National Basic Livelihood Security Act;
3. Persons who gave distinguished services to the State, and their bereaved or non-bereaved family members under the Act on the Honorable Treatment and Support for Persons, etc. of Distinguished Services to the State;
4. Persons who gave distinguished services to 5․18 democratization and their bereaved or non-bereaved family members under the Act on the Honorable Treatment and Support for Persons of Distinguished Services to 5․18 Democratization;
5. Discharged soldiers and persons due to be discharged from military service under the Act on Support for Discharged Soldiers;
6. Female workers;
7. Workers in small-and medium-sized enterprises (hereinafter referred to as "small and medium enterprises") under the Framework Act on Small and Medium Enterprises;
8. Workers engaged in a production line in the manufacturing industry;
9. Daily workers, part-time workers, workers who have signed a fixed-term contract and workers employed for a temporary project; and
10. Dispatched workers under the Act on the Protection, etc. of Dispatched Workers.
(5) Vocational skills development training shall be conducted in a way that it can be closely linked to school education prescribed by education-related laws and industrial sites.

Article 4 (Duties of State, Employers, etc.)

(1) The State and local governments shall come up with necessary policies to promote and support vocational skills development activities conducted by employers, employers' and workers' organizations, etc., and vocational skills development training voluntarily taken by workers, etc. in order to develop workers' vocational skills throughout their lives. In this case, the State may provide support necessary for implementing the policies established by local governments.
(2) An employer shall conduct vocational skills development training for his/her workers, encourage many workers to participate in vocational skills development training and endeavor to create an environment for vocational skills development training by granting workers leave for the development of vocational skills or appointing a person in charge of human resources development (referring to persons in charge of planning, operating, and evaluating, etc. vocational skills development activities in vocational skills development training facilities, enterprises, etc.; hereinafter the same shall apply.).
(3) A worker shall endeavor to develop vocational skills according to his/her aptitude and abilities and cooperate in vocational skills development activities conducted by the State, local governments, employers, etc.
(4) Employers' and workers' organizations, industry-specific human resources development councils under Article 12 (2) of the Industrial Development Act (hereinafter referred to as "industry-specific HRD councils), etc., shall make necessary efforts, such as conducting surveys on demand for vocational skills development training in each industry, etc., to ensure that vocational skills development training is conducted to meet demand at industrial sites.
(5) A person who conducts vocational skills development training shall endeavor to have workers receive vocational skills development training suitable for their aptitudes and abilities, by providing counseling concerning vocational skills development training, offering employment guidance, establishing selection criteria, etc.

Article 5 (Establishment of Basic Plan on Vocational Skills Development)

(1) The Minister of Employment and Labor shall establish and implement a basic plan on vocational skills development for workers (hereinafter referred to as “basic plan on vocational skills development”) every five years in consultation with the heads of relevant central administrative agencies and after deliberation by the Employment Policy Council under Article 10 (1) of the Framework Act on Employment Policy.
(2) The basic plan on vocational skills development shall include the following matters:
1. Basic direction of vocational skills development policy;
2. Matters concerning demand and supply of vocational skills development training reflecting the workforce demand and supply trends and prospects under Article 16 of the Framework Act on Employment Policy;
3. Matters concerning support for vocational skills development training voluntarily taken by workers;
4. Matters concerning support for vocational skills development activities conducted by employers for their workers;
5. Matters concerning support for vocational skills development activities conducted by workers' and employers' organizations, industry-specific human resources development councils, etc.,;
6. Matters concerning the training of workforces necessary for the sustainable development of the national economy in consideration of trends in industrial development and workforce demand and supply in the labor market;
7. Matters concerning the creation of an environment for vocational skills development training, such as setting standards for vocational skills development training under Article 8, fostering and supporting vocational skills development instructors and persons in charge of human resources development and developing and disseminating the media and methods of vocational skills development training, etc.;
8. Matters concerning the connection of vocational skills development training and qualifications;
9. Matters concerning the evaluation of vocational skills development activities;
10. Other matters as deemed necessary for conducting vocational skills development activities in order to promote and stabilize the employment of workers.
(3) If the Minister of Employment and Labor establishes a basic plan on vocational skills development, he/she shall collect opinions from relevant institutions and organizations, etc., such as employers' and workers' organizations, etc., and may ask the heads of relevant administrative agencies, local governments and public organizations (hereinafter referred to as “heads of relevant administrative agencies, etc.”) to submit materials, if deemed necessary.

Article 6 (Establishment of Vocational Skills Development Information Network)

(1) The Minister of Employment and Labor shall build a vocational skills development information network to collect, manage and provide information on vocational skills development, manage workers' experiences of developing vocational skills, and efficiently connect vocational skills development with qualifications.
(2) The Minister of Employment and Labor may request persons who conduct vocational skills development activities or the heads of relevant administrative agencies, etc. to submit materials necessary for the establishment and operation of the vocational skills development information network. The persons who conduct vocational skills development activities or the heads of relevant administrative agencies, etc. shall actively cooperate with that request if there is no special reason.
(3) The Minister of Employment and Labor shall take necessary measures to enable the heads of relevant administrative agencies, etc., to deal with business using the vocational skills development information network.

<Title of This Article Amended by Act No. 10337, May 31, 2010>

Article 7 (Survey and Research on Vocational Skills Development)

The Minister of Employment and Labor may conduct a survey, research and development needed to establish policies and improve systems for workers' vocational skills development.

Article 8 (Standards for Vocational Skills Development Training)

(1) The Minister of Employment and Labor may set standards (hereinafter referred to as “standards for vocational skills development training") for techniques, resources, operation, etc., related to vocational skills development training to enable the mutual compatibility, recognition and exchange of vocational skills development training.
(2) The Minister of Employment and Labor shall, if he/she intends to set standards for vocational skills development training, collect opinions from relevant institutions, organizations, etc., such as employers' and workers' organizations, etc.
(3) Necessary matters concerning procedures, etc. for setting standards for vocational skills development training pursuant to paragraph (1) shall be prescribed by the Presidential Decree.

Article 9 (Training Contracts and Rights and Obligations)

(1) An employer and a worker who intends to receive vocational skills development training may conclude a training contract over rights, obligations, etc. arising from vocational skills development training.
(2) When concluding a contract under paragraph (1), an employer may have a person who receives the relevant vocational skills development training engage in the work designated by the employer for a certain period after completing the vocational skills development training. In this case, the period shall be five years or less and not exceed three times the period of the vocational skills development training.
(3) Where a training contract under paragraph (1) is not concluded, the vocational skills development training received by an employed worker shall be considered as labor offered by the worker.
(4) An employer who fails to conclude a training contract under paragraph (1) shall conduct vocational skills development training during working hours (hereinafter referred to as “standard working hours”) under Article 50 of the Labor Standards Act, but if the worker concerned agrees, he/she may conduct vocational skills development training outside the standard working hours.
(5) Wages for overtime work and night work may not be paid for training hours outside the standard working hours, except where vocational skills development training is conducted using production facilities or within the place of work.

Article 10 (Training Allowances)

A person who conducts vocational skills development training may pay training allowances to trainees who receive the vocational skills development training.

Article 11 (Accident Consolation Benefits)

(1) A vocational skills development training provider shall pay accident consolation benefits, if a worker who receives vocational skills development training (excluding those subject to the Industrial Accident Compensation Insurance Act) in the training facility concerned has an accident caused by the vocational skills development training during the training. In the case of a worker
who receives entrusted vocational skills development training, the entrusting person shall pay accident consolation benefits, but if the accident occurs due to flaws in the training facilities of the entrusted person or other causes attributable to the entrusted person, the entrusted person shall pay accident consolation benefits.
(2) Necessary matters concerning standards and procedures for the payment of accident consolation benefits under paragraph (1) shall be prescribed by the Presidential Decree.

Article 11-2 (Vocational Skills Development Activities by Public Organizations)

A public organization may conduct the following activities to develop workers' vocational skills:
1. Vocational skills development training for persons falling under any of the subparagraphs of Article 12 (1);
2. Vocational skills development training aimed at facilitating supply and demand of workforces in occupations in national key and strategic industries under Article 15;
3. Surveys, education or publicity activities concerning vocational skills development activities;
4. Development and dissemination of vocational skills development training courses, media, methods, etc.;
5. Training of vocational skills development training instructors and those in charge of human resources development and development of their competency; and
6. Other activities prescribed by the Presidential Decree.

Article 11-3 (Required Financial Resources)

Financial resources necessary for vocational skills development activities and supports or loans for them under this Act shall be financed from the general account, the Employment Insurance Fund under the Employment Insurance Act, etc.

Article 11-4 (Promotion of International Cooperation)

With regard to workers' vocational skills development, the Minister of Employment and Labor may carry out exchange and cooperation projects with international organizations, foreign governments or foreign agencies, such as by providing skill and technical training to foreigners and holding and attending international conferences on workers' vocational skills development, etc.


For further questions, please
call (+82) 2-539-0098 or email bongsoo@k-labor.com

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