WORKERS VOCATIONAL SKILLS DEVELOPMENT ACT [See entire ACT]

CHAPTER Ⅳ Vocational Skills Development Training Corporations, Vocational Skills Development Training Facilities, Vocational Skills Development Training Instructors, etc <Amended by Act No. 10337, May 31, 2010>

Article 27 (Establishment, etc. of Public Vocational Training Facilities)

(1) The State, local governments or public organizations may establish and operate public vocational training facilities. In such cases, if the State or a local government intends to establish a public vocational training facility, it shall consult with the Minister of Employment and Labor, and if a public organization intends to establish a public vocational training facility, it shall obtain approval from the Minister of Employment and Labor.
(2) If a public vocational training facility approved pursuant to paragraph (1) falls under any of the following subparagraphs, the Minister of Employment and Labor may cancel the approval : Provided that where it falls under subparagraph 1, the approval shall be cancelled :
1. Where the public vocational training facility obtains approval in a false or other fraudulent ways;
2. Where the public vocational training facility fails to provide vocational skills development training for one year or more without any justifiable reasons; and
3. Where the public vocational training facility violates this Act or any order issued under this Act.
(3) The Minister of Employment and Labor may request a relevant institution to submit materials with regard to the operation of public vocational training facilities established by the State, local governments or public organizations.
(4) Necessary matters concerning procedures for consultation or approval under paragraph (1) shall be prescribed by the Ordinance of the Ministry of Employment and Labor.

Article 28 (Designated Vocational Training Facilities)

(1) A person who intends to establish and operate a designated vocational training facility shall obtain designation from the Minister of Employment and Labor after meeting the following requirements : Provided that where an employer or an employers' organization that operates a facility dedicated to vocational skills development training for his/her workers intends to obtain designation, it may not meet the requirements referred to in subparagraphs 2 and 3, and where a person who intends to be entrusted to conduct vocational skills development training intends to obtain designation, it may not meet the requirements referred to in subparagraph 3:
1. The person shall have human resources, facilities, equipment, etc. required to properly operate the relevant training facility : Provided that the use of the facility building shall comply with Article 2 (2) of the Building Act;
2. The person shall have actual experience in providing education and training required to properly operate the relevant training facility; and
3. The person shall have not less than one vocational skills development training instructor under Article 33, who is relevant to each type of occupation in which the person intends to provide vocational skills development training : Provided that this shall not apply to cases where a vocational skills development training instructor relevant to the type of occupation is not defined; and
4. The person shall meet other requirements prescribed by the Presidential Decree as necessary for the operation of a vocational skills development training facility.
(2) If a person intends to alter the matters prescribed by the Presidential Decree among the contents designated pursuant to paragraph (1), he/she shall obtain designation for the alteration from the Minister of Employment and Labor.
(3) If a person who has obtained designation pursuant to paragraph (1) fails to provide vocational skills development training in the relevant facility for three months or more or intends to close the facility or if a person intends to alter designated contents other than the matters prescribed by the Presidential Decree pursuant to paragraph (2), he/she shall report this to the Minister of Employment and Labor.
(4) Necessary matters concerning the contents of designation and detailed criteria for designation, procedures for designation, designation for alteration and reporting, etc. under paragraphs (1) through (3) shall be prescribed by the Presidential Decree.

Article 29 (Reasons for Disqualification)

If a person who intends to have his/her vocational training facility designated under Article 28 falls under any of the following subparagraphs, he/she shall be disqualified for designation under Article 28 :
1. An incompetent, a quasi-incompetent or a minor;
2. A person who has been declared bankrupt but has not been reinstated yet;
3. A person who has been sentenced to imprisonment without prison labor or heavier punishment and for whom two years have not elapsed since the execution of such sentence was terminated (including cases where the execution is deemed to have been terminated) or exempted ;
4. A person who has been sentenced to the suspension of execution of imprisonment without prison labor or heavier punishment and is still in the suspension period;
5. A person whose qualification has been suspended or lost in accordance with a court ruling;
6. A person for whom one year has not elapsed since the designation of the vocational training facility was cancelled under Article 31 (1) or a person who was suspended from providing vocational skills development training and is still in the suspension period;
7. A person for whom one year has not elapsed since the authorization for establishing a lifelong education facility or the registration thereof was cancelled under Article 42 of the Lifelong Education Act or a person who was suspended from running lifelong education courses and is still in the suspension period;
8. A person for whom one year has not elapsed since the registration of his/her private teaching institute was cancelled or the closure of his/her lesson school was ordered under Article 17 of the Act on the Establishment and Operation of Private Teaching Institutes and Extracurricular Lessons or a person whose private teaching institute or lesson school was suspended from providing training and is still in the suspension period;
9. A person subjected to restrictions on entrustment under Article 16 (3) or restrictions on recognition under Article 19 (3) and Article 24 (3); and
10. A corporation which has an executive falling under any of subparagraphs 1 through 9.

Article 30 (Training Fees)

(1) A person who operates a designated vocational training facility may receive training fees from workers.
(2) A person who operates a designated vocational training facility shall take necessary measures to protect workers, such as a return of training fees, etc., if workers are unable to continue to receive vocational skills development training or if he/she is unable to continue vocational skills development training due to the cancellation of designation, closure of business, etc.
(3) Necessary matters concerning reasons for a return of training fees, the amount to be returned, etc., under paragraph (2) shall be prescribed by the Presidential Decree.

Article 31 (Cancellation, etc. of Designation of Designated Vocational Training Facilities)

(1) If a designated vocational training facility under Article 28 falls under any of the following subparagraphs, the Minister of Employment and Labor may order a correction, cancel the designation or order the suspension of vocational skills development training for up to one year : Provided that where it falls under subparagraph 1 or 3, the designation shall be cancelled:
1. Where the designated vocational training facility obtains designation under Article 28 in a false or other fraudulent ways;
2. Where the designated vocational training facility fails to meet the requirements for designation prescribed in Article 28;
3. Where the designated vocational training facility falls under any of the subparagraphs of Article 29 : Provided that this shall not apply if some of the training courses entrusted or recognized are subject to restrictions on entrustment or recognition in the case of subparagraph 9 of Article 29, and the relevant executive is replaced with a newly appointed one within three months in the case of subparagraph 10 of Article 29;
4. Where the designated vocational training facility fails to provide vocational skills development training for one year or more without any justifiable reasons;
5. Where the designated vocational training facility is operated in a fraudulent way, such as altering its designated contents without obtaining designation for the alteration, etc.;
6. Where the designated vocational training facility puts exaggerated or false advertisements when recruiting trainees;
7. Where the designated vocational training facility fails to comply with a correction order; and
8. Where the designated vocational training facility violates this Act or any order issued under this Act.
(2) Detailed criteria for the issuance of correction orders, cancellation of designation or suspension of training under paragraph (1) shall be prescribed by the Ordinance of the Ministry of Employment and Labor in consideration of reasons for the punishment, the degree of the offence, etc.

Article 32 (Establishment, etc. of Vocational Skills Development Training Corporations)

(1) The Minister of Employment and Labor may permit the establishment of a non-profit corporation (hereinafter referred to as “vocational skills development training corporation”) aimed at conducting vocational skills development activities described in any of the following subparagraphs:
1. Vocational skills development training;
2. Surveys or research to develop workers' vocational skills; and
3. Activities of developing and disseminating vocational skills development training courses, media, etc.
(2) If a vocational skills development training corporation falls under any of the following subparagraphs, the Minister of Employment and Labor may order a correction or cancel the permission for the establishment of the relevant corporation: Provided that where it falls under any of subparagraphs 1 through 3, the permission shall be cancelled:
1. Where the corporation obtains permission for its establishment in a false or other fraudulent ways;
2. Where the corporation violates the requirements for permission for establishment;
3. Where the corporation is impossible to achieve its objectives;
4. Where the corporation conducts activities other than the intended activities;
5. Where the corporation is subject to restrictions on entrustment under Article 16 (3) or restrictions on recognition under Article 19 (3) and Article 24 (3) or its designation as a designated vocational skills development training facility is cancelled under Article 31 (1);
6. Where the corporation violates this Act or any order issued under this Act or its articles of incorporation; and
7. Where the corporation fails to commence an intended activity without any justifiable reasons within six months from the date on which its establishment is permitted or produces no result for one year or more.
(3) If a vocational skills development training corporation engages in profit-making activities and falls under any of the following subparagraphs, the Minister of Employment and Labor may order the corporation to correct or suspend such profit-making activities:
1. Where the corporation uses its profits for activities other than the intended ones;
2. Where the continuation of the relevant activities is deemed against the objectives of the vocational skills development training corporation.
(4) Necessary matters concerning matters contained in the articles of incorporation of a vocational skills development training corporation, requirements and criteria for permission, etc. shall be prescribed by the 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 vocational skills development training corporations.

Article 32-2 (Special Cases for Dissolution of Vocational Skills Development Training Corporations)

(1) If a vocational skills development training corporation intends to turn into a for-profit designated vocational training facility, it may dissolve after obtaining permission from the Minister of Employment and Labor, notwithstanding Article 77 of the Civil Act.
(2) A vocational skills development training corporation 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 remaining assets.
(3) Dissolution under paragraph (1) and a plan for disposal of remaining assets under paragraph (2) shall require consent of at least two thirds of directors.
(4) A vocational skills development training corporation which is dissolved pursuant to paragraph (1) may revert all or part of its remaining assets to any person determined by the plan for disposal of remaining assets, notwithstanding Article 80 of the Civil Act. In this case, a person to whom the relevant assets are reverted shall not dispose of or change the assets for any purpose other than vocational skills 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 their restoration to the original state for a person who violates the latter part of paragraph (4), as prescribed by the Presidential Decree.
(6) In order to examine matters concerning dissolution of vocational skills development training corporations or disposal of remaining assets, a council for adjustment and examination of training corporations may be set up under the Minister of Employment and Labor.
(7) Article 56 (4) shall apply mutatis mutandis to a person who fails to pay the amount of collection by the deadline after being ordered to do so pursuant to paragraph (5).
(8) Necessary matters concerning the management, etc. of assets reverted under paragraph (4), te composition and operation of the council for adjustment and examination of training corporations under paragraph (6) and other necessary matters shall be prescribed by the Ordinance of the Ministry of Employment and Labor.

Article 33 (Vocational Skills Development Training Instructors, etc.)

(1) Vocational skills development training instructors or other persons with expert knowledge in the relevant area and prescribed by the Presidential Decree may teach workers for their vocational skills development training.
(2) A person who intends to become a vocational skills development training instructor shall be issued with a vocational skills development instructor certificate by the Minister of Employment and Labor after satisfying the criteria prescribed by the Presidential Decree, such as completion of training courses, etc. aimed at training vocational skills development training instructors under Article 36.
(3) A person who intends to be issued with a vocational skills development training instructor certificate under paragraph (2) shall pay fees, as prescribed by the Ordinance of the Ministry of Employment and Labor.
(4) The types, grades and qualification standards of vocational skills development training instructors and other necessary matters concerning vocational skills development training instructors shall be prescribed by the Presidential Decree.

Article 34 (Reasons for Disqualification)

A person who falls under any of the following subparagraphs shall be disqualified from becoming a vocational skills development training instructor under Article 33 :
1. An incompetent or a quasi-incompetent;
2. A person who has been sentenced to imprisonment without prison labor or heavier punishment and for whom two years have not elapsed since the execution of such sentence was terminated or exempted (including cases where the execution is deemed to have been terminated);
3. A person who was sentenced to the suspension of execution of imprisonment without prison labor or heavier punishment and is still in the suspension period;
4. A person whose qualification has been suspended or lost in accordance with a court ruling; and
5. A person for whom three years have not elapsed since his/her qualification was cancelled pursuant to subparagraph 1, 3 or 4 of Article 35 (1).

Article 35 (Cancellation, etc. of Qualification of Vocational Skills Development Training Instructors)

(1) If a person who has obtained his/her qualification as a vocational skills development training instructor falls under any of the following subparagraphs, the Minister of Employment and Labor may cancel the qualification or suspend the qualification for up to three years: Provided that where such person falls under subparagraph 1 or 2, the qualification shall be cancelled:
1. Where the person is issued with the qualification certificate in a false or other fraudulent ways;
2. Where the person falls under any of the subparagraphs 1 through 4 of Article 34;
3. Where the person causes a serious trouble to vocational skills development training due to his/her willful misconduct or gross negligence; and
4. Where the person let others use his/her qualification certificate.
(2) Detailed criteria for the cancellation and suspension of a qualification under paragraph (1) shall be determined by the Ordinance of the Ministry of Employment and Labor in consideration of reasons for such cancellation and suspension, the degree of violation, etc.

Article 36 (Cultivation of Vocational Skills Development Training Instructors)

(1) The State, local governments, public organizations or a corporations or organizations announced by the Minister of Employment and Labor may establish and operate training facilities or training courses to cultivate vocational skills development training instructors. In this case, if any person other than the State and local governments intends to establish and operate training facilities or training courses, he/she shall obtain approval from the Minister of Employment and Labor.
(2) A person who intends to obtain approval pursuant to paragraph (1) shall meet the following requirements :
1. The person shall have human resources, facilities and equipment required to properly operate training facilities or training courses intended to cultivate vocational skills development training instructors;
2. The person shall have experience in providing education and training required to properly operate the training facilities and training courses;
3. The person shall not fall under the reasons for disqualification under each subparagraph of Article 29; and
4. The person shall meet other requirements prescribed by the Presidential Decree, as necessary for the cultivation of vocational skills development training instructors.
(3) If a person who has obtained approval pursuant to paragraph (1) falls under any of the following subparagraphs, the Minister of Employment and Labor may order a correction or cancel the approval : Provided that where such person falls under subparagraph 1 or 2, the approval shall be cancelled :
1. Where the person obtains apporval in a false or other fraudulent ways ;
2. Where the person falls under any of the subparagraphs of Article 29 : Provided that this shall not apply if the relevant executive is replaced with a newly appointed one within three months in the case of subparagraph 10 of Article 29;
3. Where the person fails to meet the requirements for approval under paragraph (2);
4. Where the person has not conducted training to cultivate vocational skills development training instructors for one year or more without any justifiable reasons;
5. Where the person fails to comply with a correction order; and
6. Where the person violates this Act or any order issued under this Act.
(4) Necessary matters concerning types of training facilities and training courses and approval procedures under paragraph (1), details of the requirements for approval under paragraph (2) 1 and 2, detailed criteria for the issuance of correction orders and the cancellation of approval under paragraph (3) shall be prescribed by the Ordinance of the Ministry of Employment and Labor.

Article 37 (Competency Development for Vocational Skills Development Training Instructors)

(1) The Minister of Employment and Labor may conduct vocational skills development activities to develop the competency of vocational skills development training instructors.
(2) If a person conducts vocational skills development activities to develop the competency of vocational skills development training instructors, the Minister of Employment and Labor may provide him/her with support or loans for the necessary expenses.
(3) Necessary matters concerning the contents of activities, implementation methods, and the requirements, contents, procedures and levels of support under paragraphs (1) and (2) shall be prescribed by the Presidential Decree.

Article 38 (Training Standards for Vocational Skills Development Training)

(1) The Minister of Employment and Labor may set training standards with regard to training goals, contents, facilities and equipment, instructors, etc., for each type of occupation in order to carry out vocational skills development training in a systematic and effective manner.
(2) The details of training standards under paragraph (1) and procedures for the establishment and change of such standards shall be prescribed by the Presidential Decree.

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

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