WORKERS VOCATIONAL SKILLS DEVELOPMENT ACT [See entire ACT]

CHAPTER Ⅵ Evaluation of Vocational Skills Development Activities and Sanctions on Misconducts, etc. <Amended by Act No. 9316, Dec. 31, 2008 and Act No. 10337, May 31, 2010>

Article 53 (Evaluation of Vocational Skills Development Training Facilities, etc.)

(1) The Minister of Employment and Labor may conduct an evaluation of persons falling under any of the following subparagraphs to improve the quality level of vocational skills development training with regard to the matters prescribed by the Presidential Decree, such as the ability to conduct training and training outcomes, etc.:
1. Persons entrusted to conduct vocational skills development training under Article 16;
2. Persons who conduct vocational skills development training after obtaining recognition of vocational skills development training courses under Article 19 or 24;
3. Persons, other than those specified in subparagraphs 1 and 2, who conduct vocational skills development training entrusted by the head of a central administrative agency or local government (limited to those whom the Minister of Employment and Labor has decided to evaluate after consultation with the head of the relevant central administrative agency or local government); and
4. Vocational skills development training facilities and vocational skills development training corporations.
(2) If the Minister of Employment and Labor has conducted an evaluation pursuant to paragraph (1), he/she shall disclose the results to employers, workers, etc.
(3) Necessary matters concerning the targets, contents and methods of the evaluation and disclosure of its results, etc. under paragraphs (1) and (2) shall be prescribed by the Presidential Decree.

Article 54 (Differentiated Support According to Results of Evaluation of Vocational Skills Development Training Facilities)

(1) When providing support or loans under this Act, the Minister of Employment and Labor may differentiate them in accordance with the results of an evaluation under Article 53.
(2) Necessary matters concerning the criteria and contents, etc. for differentiated support under paragraph (1) shall be prescribed by the Presidential Decree.

Article 55 (Restrictions on Support, Loans or Taking Training for Misconducts)

(1) If a worker who receives or received vocational skills development training under Article 12 or 15 falls under any of the following subparagraphs, the State or local governments may restrict him/her from taking vocational skills development training under Articles 12 and 15 or may not provide support or loans under Articles 17 and 18 for a period prescribed by the Ordinance of the Ministry of Employment and Labor but not exceeding three years from the date (the date on which the entrustment contract is terminated in the case of subparagraph 2) on which he/she receives or intends to receive training expenses and training allowances in a false or fraudulent way:
1. Where the worker receives or intends to receive training expenses and training allowances in a false or other fraudulent ways; and
2. Where the entrustment contract is terminated because the worker commits an act falling under any of the subparagraphs of Article 16 (2) in collusion with a person entrusted with vocational skills development training.
(2) If a worker, an employer, an employers' organization, etc., an industry-specific HRD council or a vocational skills development organization that intends to receive or has received support or loans for expenses under Articles 17, 18, 20, 22 and 23 falls under any of the following subparagraphs, the Minister of Employment and Labor may restrict them from taking vocational skills development training under Articles 12 and 15 or may not provide support or loans under Articles 17, 18, 20, 22 and 23 for a period prescribed by the Ordinance of the Ministry of Employment and Labor but not exceeding three years from the date (the date on which the recognition is cancelled in the case of subparagraph 2) on which he/she/it intends to receive or receives support or loans for expenses in a false or other fraudulent ways:
1. Where he/she/it receives or intends to receive support or loans for expenses in a false or other fraudulent ways; and
2. Where the recognition is cancelled because he/she/it commits an act falling under any of the subparagraphs of Article 19 (2) or Article 24 (2) in collusion with a person entrusted to conduct vocational skills development training under Article 16 or a person who conducts vocational skills development training after obtaining recognition of vocational skills development training courses under Articles 19 and 24.

Article 56 (Repayment of Fraudulently-Received Amount and Additional Collection)

(1) The State or local governments may order repayment of the amount of support or loan received in a false or other fraudulent ways out of the amount of support or loan already paid to a person whose entrustment contract is terminated under Article 16 (2) or a worker who is restricted from taking training or receiving support or loans under Article 55 (1).
(2) The Minister of Employment and Labor may order repayment of the amount of support or loan received in a false or other fraudulent ways out of the amount of support or loan already paid to a person for whom recognition is cancelled under Article 19 (2) or Article 24 (2) or a worker, an employer, an employers' organization, etc., an industry-specific HRD council or a vocational skills development organization that is restricted from taking training or receiving support or loans under Article 55 (2).
(3) If the State, a local government or the Minister of Employment and Labor orders repayment pursuant to paragraphs (1) and (2), it/he/she may collect an amount specified in any of the following subparagraphs in addition to the amount of support or loan received in a false or other fraudulent ways in accordance with the standards prescribed by the Ordinance of the Ministry of Employment and Labor:
1. A person whose entrustment contract is terminated under Article 16 (2) or a person for whom recognition is cancelled under Article 19 (2) or Article 24 (2) : an amount determined in accordance with the following classification;
A. Where the fraudulently received amount is less than the amount prescribed by the Presidential Decree : not more than five times the amount prescribed by the Presidential Decree;
B. Where the fraudulently received amount is equal to or higher than the amount prescribed by the Presidential Decree : not more than the amount prescribed by the Presidential Decree.
2. A worker, an employer, an employers' organization, etc., an industry-specific HRD council or a vocational skills development organizations that is restricted from receiving support or loans or taking training under Article 55 : not more than the fraudulently received amount.
(4) If a person fails to pay the amount ordered to be repaid or amount to be collected additionally under paragraphs (1) through (3) within the deadline, the State, local governments or the Minister of Employment and Labor may collect it according to the process of recovery of national or local taxes in arrears.
(5) Necessary matters concerning detailed criteria for additional collection, etc. under paragraph (3) shall be prescribed by the Ordinance of the Ministry of Employment and Labor.

Article 57 (Cash Rewards for Reporting)

(1) The Minister of Employment and Labor may give cash rewards within the budgetary limits to a person who reports the misconduct of a person who conducts or is entrusted to conduct vocational skills development activities under this Act.
(2) Necessary matters concerning the report of misconducts and the payment of cash rewards under paragraph (1) shall be prescribed by the Ordinance of the Ministry of Employment and Labor.

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

    • 맨앞으로
    • 앞으로
    • 다음
    • 맨뒤로