WORKERS VOCATIONAL SKILLS DEVELOPMENT ACT [See entire ACT]

CHAPTER Ⅶ Supplementary Provisions and Penal Provisions <Newly Inserted by Act No. 10337, May 31, 2010>

Article 58 (Guidance, Supervision, etc.)

(1) The Minister of Employment and Labor may order a person who falls under any of the following subparagraphs to make a necessary report or to submit materials, or have a relevant public official, etc. provide guidance and supervision by visiting the place where vocational skills development training, etc. is conducted, and investigating relevant documents or questioning a relevant person.
1. A person who is entrusted by the Minister of Employment and Labor to conduct vocational skills development training pursuant to Article 16;
2. A person who obtains recognition pursuant to Article 19 or 24;
3. A person who receives support or loans pursuant to Articles 12, 17, 18, 20, 22 and 23;
4. A public organization which establishes and operates a public vocational training facility and a person who establishes and operates a designated vocational training facility;
5. A vocational skills development training corporation;
6. A person who operates a training facility or a training course to cultivate vocational skills development training instructors after obtaining approval pursuant to Article 36; and
7. A person who carries out work vicariously pursuant to Article 59.
(2) If the Minister of Employment and Labor conducts an investigation under paragraph (1), he/she shall inform the person to be investigated of necessary matters, such as the date and time, contents of the investigation, etc. : Provided that this shall not apply to urgent cases or cases where such prior notice is deemed to prevent the attainment of the objectives.
(3) A public official who visits and provides guidance and supervision pursuant to paragraph (1) shall carry a certificate indicating his/her authority and show it to a relevant person.
(4) The Minister of Employment and Labor shall inform the person investigated, in writing, of the results of the investigation under paragraph (1).
(5) Necessary matters concerning the contents and methods of reports, the submission of materials, and guidance and supervision under paragraph (1) shall be prescribed by the Ordinance of the Ministry of Employment and Labor.

Article 59 (Vicarious Execution of Duties)

(1) The Minister of Employment and Labor may have the person prescribed by the Presidential Decree vicariously execute some of the duties under Articles 6 through 8, 19, 20, 22, 23, 24, 28, 37, 38 and 53.
(2) Necessary matters concerning procedures for the vicarious execution of duties and support for expenses required for the vicarious execution of duties shall be prescribed by the Presidential Decree.

Article 60 (Delegation and Entrustment of Authority)

The Minister of Employment and Labor may delegate his/her authority under this Act to the heads of local employment and labor offices or the heads of local governments, or entrust it to any person prescribed by the Presidential Decree, such as the heads, etc., of public organizations, as prescribed by the Presidential Decree.

Article 61 (Legal Fiction of Public Official in Application of Penal Provisions)

Any person who engages in the duties entrusted by the Minister of Employment and Labor pursuant to Article 60 shall be deemed a public official in applying the provisions of Articles 129 through 132 of the Criminal Act.

Article 62 (Hearing)

The Minister of Employment and Labor shall hold a hearing if he/she intends to take any of the following actions:
1. Cancellation of recognition of a vocational skills development training course under Article 19 (2) or Article 24 (2);
2. Cancellation of approval of a public vocational skills development training facility under Article 27 (2);
3. Cancellation of designation of a designated vocational skills development training facility under Article 31 (1);
4. Cancellation of permission for the establishment of a vocational skills development training corporation under Article 32 (2);
5. Cancellation of qualification of a vocational skills development training instructor under Article 35 (1); and
6. Cancellation of approval for a training facility or training course under Article 36 (3).

Article 63 (Fine for Negligence)

(1) A person who falls under any of the following subparagraphs shall be punished by a fine for negligence not exceeding three million won :
1. A person who fails to pay accident consolation benefits in violation of Article 11;
2. A person who fails to preserve documents relevant to support or loans for expenses under Article 23-2;
3. A person who fails to make a report under Article 28 (3);
4. A person who fails to return training fees in violation of Article 30 (2);
4-2. A person who is not a polytechnic college but uses in its name, the term "polytechnic college" or any other similar term in violation of Article 51;
5. A person who fails to make a report under Article 58 or makes a false report;
6. A person who fails to comply with an order to submit materials under Article 58 or submits false materials; and
7. A person who gives a false answer to a question asked by a related public official pursuant to Article 58 or refuses, obstructs or evades guidance or supervision provided by a related public official.
(2) Fines for negligence under paragraph (1) shall be imposed and collected by the Minister of Employment and Labor under the conditions prescribed by the Presidential Decree.

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

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