WORKERS VOCATIONAL SKILLS DEVELOPMENT ACT [See entire ACT]

CHAPTER Ⅲ Support, etc., for Vocational Skills Development Activities by Employers, etc.<Amended by Act No. 10337, May 31, 2010>

(1) If an employer, an employers' organization, an workers' organization or their association (hereinafter referred to as "employers' organizations, etc.") conducts vocational skills development activities falling under any of the following subparagraphs, the Minister of Employment and Labor may provide support or loans for the necessary costs:
1. Vocational skills development training for workers (including entrusted training);
2. Activities of administering qualification tests for workers;
3. Vocational skills development activities conducted jointly with small and medium enterprises or enterprises under Article 19 (2) of the Employment Insurance Act (hereinafter referred to as an “enterprises eligible for preferential support”) for workers, etc., in the small and medium enterprises or enterprises eligible for preferential support;
4. Activities of installing and repairing facilities (including dormitories), equipment and instruments and materials necessary for vocational skills development training;
5. Such activities as surveys and research on vocational skills development, and development and dissemination of vocational skills development training courses and media;
6. Deleted.
7. Other activities prescribed by the Presidential Decree.
(2) If the Minister of Employment and Labor provides support or loans pursuant to paragraph (1), he/she may give preferential treatments to employers or employers' organizations that conduct vocational skills development activities falling under any of the following subparagraphs:
1. Vocational skills development training for workers employed by an employer other than the relevant employer;
2. Vocational skills development training in occupations in national key and strategic industries;
3. Vocational skills development training (referring to vocational skills development training conducted according to a training plan established in consultation with a trade union or a person representing a majority of workers in cases where a labor- management council does not exist) conducted according to a basic plan on workers' education and training and skills development decided by a labor-management council pursuant to Article 21 of the Act on the Promotion of Worker Participation and Cooperation;
4. Vocational skills development training conducted for workers on paid leave (excluding monthly and annual paid leave prescribed in the Labor Standards Act);
5. Vocational skills development activities falling into subparagraph 3 of paragraph (1); and
6. Vocational skills development activities conducted by the employer of a business meeting the criteria prescribed by the Presidential Decree.
(3) Necessary matters concerning the requirements, contents, procedures and levels of support or loans and preferential support under paragraphs (1) and (2) shall be prescribed by the Presidential Decree.

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

Article 21-2 Go to Article 18

Article 23 (Support for Vocational Skills Development Activities by Vocational Skills Development Organizations)

(1) The Minister of Employment and Labor may provide support or loans for the costs required for vocational skills development activities conducted by non-profit corporations or non-profit organizations (hereinafter referred to as “vocational skills development organizations”) prescribed by the Presidential Decree.
(2) Necessary matters concerning the requirements, contents, procedures and levels of support or loans under paragraph (1) shall be prescribed by the Presidential Decree.

Article 23-2 (Preservation of Documents Related to Support and Loans)

(1) Any person who receives support or loans for the costs of vocational skills development activities pursuant to Articles 12, 20, 22 and 23 (including anyone entrusted to conduct vocational skills development training) and any person who intends to conduct vocational skills development training for which workers are eligible to receive support or loans for expenses under Article 17 (1) 1 shall preserve relevant documents prescribed by the Ordinance of the Ministry of Employment and Labor for three years: Provided that documents concerning support or loans for the costs of installing and repairing facilities (including dormitories), equipment and instruments and materials to conduct vocational skills development training shall be prescribed by the Ordinance of the Ministry of Employment and Labor but not exceed ten years.
(2) The documents under paragraph (1) may be prepared and kept in the form of electronic documents under subparagraph 1 of Article 2 of the Framework Act on Electronic Commerce.

Article 24 (Recognition of Vocational Skills Development Training Courses, Cancellation of Recognition, etc.)

(1) A person who intends to conduct vocational skills development training (including any person who intends to be entrusted to conduct vocational skills development training) pursuant to Articles 20 and 23 shall have the relevant vocational skills development training courses recognized by the Minister of Employment and Labor.
(2) If a person whose vocational skills development training courses are recognized under paragraph (1) falls under any of the following subparagraphs, the Minister of Employment and Labor may order a correction or cancel the recognition of the training courses concerned: Provided that where such person falls under any of subparagraphs 1 through 4, the recognition shall be cancelled :
1. Where the person obtains recognition under paragraph (1) in a false or other fraudulent ways;
2. Where the person receives or intends to receive expenses or loans in a false or other fraudulent ways;
3. Where the person receives or intends to receive fees from employers, employers' organizations, etc., entrusting vocational skills development training, in a false or other fraudulent ways;
4. Where the person makes employers, employers' organizations, etc., entrusting vocational skills development training receive support or loans for their training costs in a false or other fraudulent ways;
5. Where the person conducts vocational skills development training in violation of the details recognized under paragraph (1);
6. Where the person fails to comply with a correction order; and
7. Where the person fails to comply with an order to report and submit materials under Article 58 or complies with such order falsely.
(3) A person for whom the recognition is cancelled pursuant to paragraph (2) (excluding cases where training costs are less than the amount prescribed by the Presidential Decree from among persons for whom the recognition is cancelled as they fall under subparagraphs 2 through 4 of paragraph (2)) may not be entrusted with vocational skills development training under Article 16 (1) and given recognition under paragraph (1) and Article 19 for up to five years from the date of cancellation.
(4) The scope, requirements, contents and valid period of the recognition of vocational skills development training courses under paragraphs (1) and other necessary matters shall be prescribed by the Presidential Decree.
(5) Detailed criteria for the issuance of correction orders and cancellation of recognition under paragraphs (2) and (3), specific periods of restricting recognition by type of reason for cancellation, and other necessary matters shall be prescribed by the Ordinance of the Ministry of Employment and Labor.

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

Article 25 Go to Article 55

Article 26 Go to Article 56

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call (+82) 2-539-0098 or email bongsoo@k-labor.com

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