WORKERS VOCATIONAL SKILLS DEVELOPMENT ACT [See entire ACT]

CHAPTER V Polytechnic Colleges <Newly Inserted by Act No. 10337, May 31, 2010>

Article 39 (Establishment of Polytechnic Colleges)

(1) The State, local governments or school juristic persons under the Private School Act (hereinafter referred to as "school juristic persons") may establish and operate polytechnic colleges to cultivate workforces needed by industries and help workers develop their vocational skills.
(2) If the State intends to establish and operate a polytechnic college, the head of the relevant central administrative agency shall consult with the Minister of Education, Science and Technology and the Minister of Employment and Labor, and if a local government intends to establish and operate a polytechnic college, the head of the relevant local government shall obtain authorization from the Minister of Education, Science and Technology after consultation with the Minister of Employment and Labor.
(3) If a school juristic person intends to establish and operate a polytechnic college, it shall obtain authorization from the Minister of Education, Science and Technology after being recommended by the Minister of Employment and Labor.
(4) A person who intends to establish and operate a polytechnic college shall meet the criteria for establishment prescribed by the Presidential Decree, such as facilities and equipment, etc.
(5) A polytechnic college which has obtained authorization from the Minister of Education, Science and Technology under paragraph (2) or (3) shall be considered a vocational skills development training facility and may use a different name in consideration of its characteristics.

Article 40 (Classification, etc., of Courses)

(1) The education and training courses of a polytechnic colleges shall be classified as follows :
1. Multi-skilled technician courses : education and training courses intended to cultivate workers who, with skills and knowledge in two occupational areas or more, are able to contribute to productivity improvement and the solution of technical problems throughout the whole process from product development to manufacturing
2. Vocational training courses
A. Master craftsman courses : vocational training courses intended to cultivate middle managers of production sites who, with the highest level of skills in their major areas and knowledge of production management techniques, perform such duties as work management and the provision of guidance and supervision, etc. to technicians under their control;
B. Vocational skills development training courses; and
C. Other education and training courses except multi-skilled technician courses.
(2) The head of a polytechnic college (hereinafter referred to as "dean") shall make efforts to strike a balance between multi-skilled technician courses and vocational training courses.
(3) A polytechnic college may carry out the following activities apart from the education and training courses referred to in paragraph (1):
1. Vocational skills development activities (excluding vocational skills development training);
2. Industry-academia cooperation activities, such as providing technical guidance to small and medium enterprises and operating business incubation centers, etc.;
3. Activities entrusted by the Minister of Employment and Labor, the heads of other central administrative agencies, the heads of local governments, employers, etc.;
4. Job counseling and employment promotion for students and trainees; and
5. Activities, such as lifelong skills development for local residents, etc., which can contribute to the development of the local community.
(4) Matters concerning the establishment and operation of multi-skilled technician courses and vocational training courses shall be prescribed by the Presidential Decree.

Article 41 (Recognition of Credits and Conferment of Degrees)

(1) The dean may recognize the following academic credits as credits earned at the polytechnic college, under the conditions prescribed by school regulations, within the extent prescribed by the Presidential Decree:
1. Credits earned at other schools at home and abroad, which are equivalent to or higher than a junior college under subparagraph 4 of Article 2 of the Higher Education Act;
2. Credits recognized under Article 7 of the Act on Recognition of Credits, etc.; and
3. Credits earned at a lifelong education institute under subparagraph 2 of Article 2 of the Lifelong Education Act.
(2) The dean may recognize a person falling under any of the following subparagraphs as having earned academic credits corresponding to the relevant achievements, as prescribed by the Presidential Decree:
1. A person selected as a master craftsperson of Korea under Article 11 of the Act on Encouragement of Skilled Crafts;
2. A person selected as a skilled craft master under Article 13 of the Act on Encouragement of Skilled Crafts;
3. A person who has won a award in a domestic skills competition or a world skills competition under Article 20 or 21 of the Act on Encouragement of Skilled Crafts;
4. A person who has experience of working in an industrial entity in the field of skill and craft related to his/her academic major; and
5. A person who has completed an one-year or longer vocational skills development training course.
(3) A person who has completed a multi-skilled technician course at a polytechnic college shall be granted a bachelor of industry degree equivalent to an associate degree under Article 50 of the Higher Education Act.

Article 42 (School Regulations)

(1) The dean may establish or amend school regulations in order to efficiently operate the polytechnic college.
(2) If the dean has established or amended school regulations pursuant to paragraph (1), he/she shall make a report (including reports made using an information network under Article 2 (1) 1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc.) on them to the Minister of Education, Science and Technology and the Minister of Employment and Labor.
(3) Procedures for the establishment and amendment of school regulations under paragraph (1), entries to be made in school regulations and other necessary matters shall be prescribed by the Presidential Decree.

Article 43 (Types, Qualifications and Fixed Number of Teachers, etc.)

(1) Each polytechnic college shall has a dean.
(2) Teachers in a polytechnic college shall be classified into professors, associate professors, assistant professors and full-time instructors in addition to the dean.
(3) A polytechnic college may have vocational skills development training instructors under Article 33, adjunct teachers holding concurrent positions in academia and industry (referring to persons who have expert knowledge in the relevant field and concurrently hold a post of a teacher in a polytechnic college while engaging in that field; hereinafter the same shall apply), invited teachers (referring to persons appointed under Article 44 to teach subjects requiring skills and expert knowledge in a special field; hereinafter the same shall apply), part-time instructors and teaching assistants under the conditions prescribed by the Presidential Decree, in addition to the teachers referred to in paragraph (2).
(4) Matters concerning the criteria for persons qualified to become teachers, adjunct teachers, invited teachers, part-time instructors and teaching assistants under paragraphs (2) and (3) shall be prescribed by the Presidential Decree.
(5) Matters concerning the fixed numbers of teachers, vocational skills development training instructors, adjunct teachers, invited teachers, part-time instructors, teaching assistants and other clerical employees under paragraphs (2) and (3) shall be prescribed by the Presidential Decree.

Article 44 (Appointment, Retirement Age, Duties, etc., of Teachers, etc.)

(1) The appointment of teachers under Article 43 (2) shall be governed by Acts and subordinate statutes related to education: Provided that the head of a polytechnic college affiliated with the Human Resources Development Service of Korea under Article 26 (1) of the Act on the Human Resources
Development Service of Korea shall be appointed by the school juristic person establishing and operating the relevant polytechnic college, with the approval of the Minister of Employment and Labor notwithstanding Article 53 (1) of the Private School Act.
(2) The retirement age of teachers under Article 43 (2) shall be as follows notwithstanding Article 47 (1) of the Public Educational Officials Act and Article 53-2 (3) of the Private School Act:
1. The age prescribed by the Presidential Decree where the polytechnic college is established and operated by the State;
2. The age prescribed by bylaws where the polytechnic college is established and operated by a local government; and
3. The age of 60 years or above prescribed by the articles of incorporation where the polytechnic college is established and operated by a school juristic person.
(3) Matters concerning the duties of teachers under Article 43 (2) shall be governed by Acts and subordinate statues related to education.
(4) Matters concerning the appointment, retirement ages and duties of vocational skills development training instructors, adjunct teachers, invited teachers, part-time instructors and teaching assistants shall be prescribed by the Presidential Decree in consideration of the characteristics of polytechnic colleges.

Article 45 (Dispatch of School Personnel and Use of Facilities and Equipment)

(1) If it is necessary for the efficient conduct of education, training and activities under Article 40, the dean may send teachers and staff of the relevant polytechnic college to other polytechnic colleges, the Human Resources Development Service of Korea under the Act on the Human Resources Development Service of Korea (hereinafter referred to as "HRD Service of Korea"), industrial entities (hereinafter referred to as "industrial entities") meeting the standards determined and announced by the Minister of Employment and Labor, and so on to work there for a certain period, and receive teachers and staff of other polytechnic colleges, staff of the HRD Service of Korea and industrial entities, etc., sent to work in the polytechnic college.
(2) If it is necessary in conducting education, training and activities under Article 40, the dean may provide the education and training facilities and equipment of the relevant polytechnic college to other polytechnic colleges, the HRD Service of Korea, universities, high schools, etc., and allow them to use such facilities and equipment.

Article 46 (Submission of Business Plan and Fiscal Year, etc.)

(1) The dean shall prepare a business plan for the relevant fiscal year and submit it to the Minister of Employment and Labor every year, as prescribed by the Presidential Decree : Provided that a school juristic person which establishes and operates two polytechnic colleges or more may prepare and submit a comprehensive business plan for all of its polytechnic colleges.
(2) The fiscal year of each polytechnic college shall coincide with the fiscal year of the government.
(3) A polytechnic college shall account for the revenues and expenditures of activities under Article 40 (3) 1 through 3 separately from the revenues and expenditures of other activities.

Article 47 (Tuition, etc.)

(1) A polytechnic college may receive tuition and other fees from students of its multi-skilled technician courses and trainees of its vocational training courses.
(2) Necessary matters concerning tuition and other fees under paragraph (1) shall be prescribed by the Ordinance of the Ministry of Employment and Labor.

Article 48 (Support for Polytechnic Colleges and Students, etc.)

(1) The State, local governments or employers, etc., may provide support to a person who establishes and operates a polytechnic college to cover all or some of the costs necessary for the establishment of education and training facilities, purchase of equipment and operation of school, etc.
(2) The State or local governments may, if necessary for the establishment and operation of a polytechnic college, lend state and public property unconditionally to a person who establishes and operates a polytechnic college (limited to school juristic persons established by the State, local governments or public organizations) notwithstanding the State Property Act or the Public Property and Commodity Management Act, and permit such person to use and profit from such property to construct buildings or other facilities.
(3) The State or local governments may provide support to students of multi-skilled technician courses and trainees of vocational training courses at polytechnic colleges to cover all or some of the expenses necessary for education and training during the period of attendance at school.

Article 49 (Revocation, etc. of Authorization)

(1) If a polytechnic college falls under any of the following subparagraphs, the Minister of Education, Science and Technology may revoke the authorization for the establishment:
1. Where the polytechnic college obtains authorization under Article 39 in a false or other fraudulent ways;
2. Where the polytechnic college fails to meet the criteria for establishment, such as facilities and equipment, etc., under Article 39 (4); and
3. Where the polytechnic college has not provided classes for two months or more excluding the prescribed leave period without any justifiable reason;
(2) If the Minister of Education, Science and Technology intends to revoke the authorization for the establishment of a polytechnic college pursuant to paragraph (1), he/she shall consult with the Minister of Employment and Labor.
(3) If the Minister of Education, Science and Technology intends to revoke the authorization for the establishment of a polytechnic college pursuant to paragraph (1), he/she shall hold a hearing.

Article 50 (Supervision, etc., of Polytechnic Colleges)

(1) With regard to polytechnic colleges and school juristic persons which establish and operate polytechnic colleges, the Minister of Employment and Labor shall be entrusted to take charge of the following matters from among matters within the authority of the Minister of Education, Science and Technology under Acts and subordinate statutes related to education:
1. Guidance and supervision of polytechnic colleges and school juristic persons which establish and operate polytechnic colleges;
2. Approval of the inauguration of executives of school juristic persons which establish and operate polytechnic colleges and revocation thereof;
3. Acceptance of reports on the appointment and dismissal of teachers of polytechnic colleges established by school juristic persons and matters concerning requests for discharge, dismissal, etc.; and
4. Other matters prescribed by the Presidential Decree.
(2) The Minister of Education, Science and Technology and the Minister of Employment and Labor may require a polytechnic college or a person who establishes and operates a polytechnic college to make a necessary report or submit materials.

Article 51 (Prohibition of Use of Similar Names)

Any person that is not a polytechnic college shall not use in its name, the term "polytechnic college" or any other similar term.

Article 52 (Relationship with Other Acts)

The provisions governing junior colleges in Acts and subordinate statues related to education shall apply to matters not prescribed in this Act concerning the establishment and operation of polytechnic colleges.

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

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