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ENFORCEMENT DECREE OF THE VOCATIONAL EDUCATION AND TRAINING PROMOTION ACT

[Enforcement Date: Mar. 22, 2009] [Presidential Decree No. 21230, Dec. 31, 2008, Other Laws and Regulations Amended]

Ministry of Education, Science and Technology (Vocational Education Promotion Team) Tel.: 02-2100-6475

Article 1 (Purpose)

The purpose of this Decree is to provide for the matters delegated by the Vocational Education and Training Promotion Act and matters necessary for the enforcement thereof. Article 2 (Procedures, etc. for Establishment of Basic Plans for Vocational Education and Training)

(1) The Minister of Education, Science and Technology (hereinafter referred to as the "Minister") and the Minister of Labor shall formulate the basic plans for vocational education and training (hereinafter referred to as the "basic plans") pursuant to the provisions of Article 4 (1) of the Vocational Education and Training Promotion Act (hereinafter referred to as the "Act") every five years upon consultations with the heads of the relevant central administrative agencies, and shall establish the basic plans upon the deliberation of the Vocational Education and Training Policy Council (hereinafter referred to as the "Council") pursuant to the provisions of Article 16 of the Act.

(2) The Minister and the Minister of Labor shall, upon consultation with the heads of the relevant central administrative agencies, prepare guidelines for the formulation of the basic plans nine months prior to the date on which the basic plans are to be settled, and the Minister of Education shall notify such guidelines to the heads of the relevant central administrative agencies.

(3) The heads of the relevant central administrative agencies who have received notification of the guidelines for the formulation of the basic plans pursuant to the provisions of section (2), shall prepare the draft basic plans of their authorities and submit them to the Minister and the Minister of Labor within three months from the date of receipt of such notification.

(4) The Minister and the Minister of Labor shall report to the President of the basic plans settled pursuant to the provisions of section (1), and after notifying the heads of the relevant central administrative agencies, the Special Metropolitan City Mayor, the Metropolitan City Mayors, and the Do governors (hereinafter referred to as the "Mayor/Do governor"), they shall issue a public notice.

Article 3 (Procedures, etc. for Formulation of Detailed Action Plans for Vocational Education and Training)

(1) The head of the relevant central administrative agency and the Mayor/Do governor shall formulate detailed action plans for vocational education and training (hereinafter referred to as the "action plans") for each year regarding vocational education and training under their authority pursuant to the provisions of Article 4 (4) of the Act, by December 31 of the previous year. In this case, the Mayor/Do governor shall undergo the deliberation of the Vocational Education and Training Consultative Council pursuant to the provisions of Article 18 of the Act (hereinafter referred to as the "Consultative Council"). (2) Where the Mayor/Do governor has formulated an action plan pursuant to the provisions of section (1), he/she shall, without delay, notify such action plan to the head of the city/Gun/Gu (referring to the head of autonomous Gu; hereinafter the same shall apply). (3) The head of the city/Gun/Gu, who has received notification pursuant to the provisions of section (2), shall formulate action plans for his/her city/Gun/Gu, based on the basic plans publicly notified pursuant to the provisions of Article 2 (4) and action plans which were received pursuant to the provisions of section (2), and shall submit reports on the action plans formulated and the performance results of the promotion of the action plans of the previous year to the Mayor/Do governor by the end of February of each year. (4) The heads of the relevant central administrative agencies and the Mayor/Do governor shall submit to the Consultative Council reports on action plans that have been formulated or submitted pursuant to the provisions of sections (1) through (3), and the performance results of the promotion of action plans of the previous year by March 31 of each year. Article 4 (Period for Completion, etc. of On-the-Job Training) (1) The period for completion of on-the-job training pursuant to the provisions of the text of Article 7 of the Act shall be determined by the head of the vocational education and training institution, upon consideration of the vocational education and training courses and the period of vocational education and training, etc., within the scope as determined under the attached Table: Provided, that this shall not apply where there are special provisions in other laws and regulations.

(2) Persons who work in areas identical or similar with the vocational education and training course as prescribed in the proviso of Article 7 of the Act shall be limited to vocational education and training students whose functions and duties are deemed by the head of the vocational education and training institution to be identical or similar to the contents of the vocational education and training courses. In this case, the vocational education and training students shall submit the necessary data to the head of the vocational education and training institution.

(3) The term "other persons prescribed by the Presidential Decree" in the proviso of Article 7 of the Act refers to persons who apply to one of the following subsections. In this case, persons applicable to subsection 2 or 3 shall obtain approval from the head of the relevant central administrative agency:

1. Persons who are currently taking vocational education and training courses, the period which does not exceed three months;

2. Persons who have difficulty in having on-the-job training because industrial enterprises conducting on-the-job training as prescribed in the text of Article 7 of the Act (hereinafter referred to as "on-the-job training industrial enterprises") are situated in islands or other remote areas, etc.;

3. Persons who have difficulty in having on-the-job training because of the trouble in selecting on-the-job training industrial enterprises due to reasons such as refusal of the industrial enterprises to provide on-the-job training for on-the-job training trainees; or

4. Other persons who are taking vocational education and training courses which the Minister or the Minister of Labor regarded as not requiring on-the-job training in light of the nature of the contents of the vocational education and training course. (4) The head of a vocational education and training institution may, with the consent of vocational education and training students, apply for approval as prescribed in the latter part other than each subsection of section (3).

Article 5 (Selection Criteria for On-the-Job Training Industrial Enterprises) The selection criteria for on-the-job training industrial enterprises as prescribed in Article 8 of the Act shall be one of the following subsections:

1. Industrial enterprises which have ten regular employees or more from among those incorporated pursuant to the laws and regulations;

2. Government-invested institutions as prescribed in the provisions of Article 2 of the Framework Act on the Management of Government Invested Institutions;

3. Government-financed research institutes which are incorporated pursuant to the Support of Specific Research Institutions Act;

4. Research institutes incorporated pursuant to the relevant laws and regulations or subsidized by the State or local governments continuously for three years or more; and

5. Other industrial enterprises, the composition of workers, facilities and equipment, welfare facilities, etc. of which are deemed by the head of a vocational education and training institution as suitable for on-the-job training. Article 6 (Entering On-the-Job Training Contracts) (1) Vocational education and training students and the head of industrial enterprise shall enter on-the-job training contract based on the standard agreement publicly notified by the Minister of Labor upon consultation with the Minister and the Minister of Knowledge Economy pursuant to the provisions of Article 9 of the Act, by seven days prior to the commencement of the on-the-job training.

(2) The standard agreement as prescribed in section (1) shall include matters regarding the rights and obligations of the head of the on-the-job training industrial enterprise and vocational education and training students, the details, method and period of on-the-job training, evaluation of the results of on-the-job training, the welfare of vocational education and training students, etc.

Article 7 (Cooperation of Head of On-the-Job Training Industrial Enterprise) (1) The head of the on-the-job training industrial enterprise who has entered an on-the-job training contract pursuant to the provisions of Article 6 shall cooperate in respect to the following matters in conducting the on-the-job training:

1. Formulation and implementation of on-the-job training plans;

2. Securing facilities, equipment, and materials necessary for on-the-job training;

3. Prevention of and compensation for industrial accidents;

4. On-the-job guidance by the vocational education and training teachers; and

5. Other matters necessary for efficient on-the-job training. (2) Where the on-the-job training has been interrupted due to unavoidable causes, the head of the vocational education and training institution shall make every effort to ensure that the vocational education and training students concerned continue on-the-job training at a similar type of industry.

Article 8 (On-the-Job Guidance by Vocational Education and Training Teachers at Industrial Enterprise)

The head of the vocational education and training institution, upon consultation with the head of the on-the-job training industrial enterprise, shall have the vocational education and training teachers provide on-the-job guidance necessary for the vocational education and training students who are under training at the respective industrial enterprise. Article 9 (Financial Support for On-the-Job Training Expenses) The State and local government may provide support to vocational education and training institutions, vocational education and training students, vocational education and training teachers, or on-the-job training industrial enterprises, for all or part of the expenses incurred in the implementation of on-the-job training, within the limit of the budget. Article 10 (Preferential Implementation of Vocational Education and Training) The head of a vocational education and training institution shall implement vocational education and training by preferentially selecting persons applicable to each of the following the provisions of Article 10 of the Act: Provided, that in the case where the vocational education and training institution is a school as prescribed in the provisions of Article 9 of the Framework Act on Education or a private teaching institute as prescribed in the Act on the Establishment and Operation of Private Teaching Institutes and Extracurricular Lessons, the conditions as prescribed by the relevant laws and regulations such as the Framework Act on Education shall apply:

1. Beneficiaries of livelihood assistance or disabled persons recommended by the Minister for Health, Welfare and Family Affairs or the Mayor/Do governor, upon consultation with the Minister of Labor, who are beneficiaries of livelihood assistance as prescribed in the Protection of Minimum Living Standards Act, or are disabled persons as prescribed in the Welfare of Disabled Persons Act;

2. Persons recommended by the Minister, upon consultation with the Minister of Labor, among students attending general high schools as prescribed by the Elementary and Secondary Education Act, or who have academic background of dropping out of high schools or lower without graduating;

3. Persons recommended by the Administer of Patriots and Veterans Administration Agency, upon consultation with the Minister of Labor, among persons who have rendered distinguished services to the State and their bereaved family members or family as prescribed in the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State, and discharged soldiers of long-term and mid-term military service to whom the Support for Discharged Soldiers Act applies;

4. Persons recommended by the Minister for Health, Welfare and Family Affairs, upon consultation with the Minister of Labor, who are women as prescribed in Article 4 (1) of the Mother and Fatherless Child Welfare Act;

5. Persons recommended by the Minister of Labor, who are aged or semi-aged persons as prescribed in subsections 1 and 2 of Article 2 of the Prohibition of Age Discrimination in Employment and Early Employment Promotion Act;

6.

7. Persons recommended by the Minister of National Defense, upon consultation with the Minister of Labor, who are long-term military personnel to be discharged after serving for not less than ten years as prescribed in Article 46-2 of the Military Personnel Management Act; or

8. Other persons recommended by the Minister of Labor, or by the Minister of Education, Science and Technology or the Minister of Knowledge and Economy, upon consultation with the Minister of Labor, as the preferential implementation of vocational education and training is deemed particularly necessary in terms of policies for the supply and demand of human resources.

Article 11 (Recognition of Work Experience at Industrial Enterprises) In selecting persons for vocational education and training pursuant to the provisions of Article 11 of the Act, the head of the vocational education and training institution may recognize the on-the-job training as prescribed in Article 7 of the Act as industry work experience.

Article 12 (Organization of Consultative Council) (1) The term "Heads of the relevant central administrative agencies prescribed by the Presidential Decree" in Article 17 (1) 1 of the Act refers to the Minister of Strategy and Finance, the Minister of Education, Science and Technology, the Minister of Public Administration and Security, the Minister of Knowledge Economy, the Minister of Labor, and the Minister of Land, Transport and Maritime Affairs, and persons designated by the Prime Minister among the heads of the central administrative agencies related to the agenda of the Consultative Council.

(2) Persons representing the vocational education and training community pursuant to the provisions of Article 17 (1) 3 of the Act shall be recommended by the Minister, persons representing the industrial community by the Minister of Knowledge Economy, and persons representing the labor community by the Minister of Labor, respectively. (3) There shall be a vice-chairperson and two executive secretaries in the Consultative Council; and the vice-chairperson shall be the Minister of Strategy and Finance, and the executive secretaries shall be the Vice Minister of Education, Science and Technology and the Vice Minister of Labor.

(4) The vice-chairperson shall assist the chairperson, and shall act on behalf of the chairperson in the case where the chairperson is incapable of performing his/her duties due to unavoidable causes.

(5) The executive secretaries may attend the meetings of the Consultative Council, report agendas, and make speeches.

(6) The executive secretary, who is the Vice Minister of Education, Science and Technology, shall perform functions and duties for the operation of the Consultative Council under the direction of the chairperson, and in cases where agendas regarding the calling of meetings, vocational education and training, and qualification system are to be raised, he/she shall consult in advance with the other executive secretary, who is the Vice Minister of Labor.

Article 13 (Operation of Consultative Council)

(1) The meetings of the Consultative Council shall be convened by the chairperson in any of the following cases:

1. Where the chairperson deems it necessary; or

2. Where not less than a third of the registered members request the calling of meetings. (2) The chairperson shall exercise overall control of the Consultative Council, and preside over the meetings.

(3) The meetings of the Consultative Council shall open with the attendance of a majority of the registered members, and pass a resolution with the consenting vote of a majority of the present members.

(4) The chairperson shall give notice on the calling of meetings by seven days prior to the date on which meetings are to be held. Provided, that this shall not apply in the case of emergency.

Article 14 (Organization and Operation of Working Subcommittee for Formulation of Basic Plans)

(1) In order to adjust the basic plans formulated by the relevant central administrative agencies, a working subcommittee for the formulation of basic plans (hereinafter referred to as the "working subcommittee") shall be established in the Consultative Council. (2) The working subcommittee shall be composed of not more than 15 members including a chairperson and an executive secretary member.

(3) The Vice Minister of Education, Science and Technology shall concurrently serve as the chairperson of the working subcommittee, the executive secretary shall be a person nominated by the Minister of Labor from public officials in general service who belong to high-ranking officials of the Ministry of Labor , and members shall be persons appointed by the heads of the relevant central administrative agencies designated by the chairperson of the Consultative Council from public officials in general service who belong to high-ranking officials of the agency concerned, as well as those who apply to the following subsections:

1. One person commissioned by the Minister, who represents the vocational education and training community;

2. One person commissioned by the Minister of Knowledge Economy, who represents the industrial community; and

3. One person commissioned by the Minister of Labor, who represents the labor community.

(4) The meetings of the working subcommittee shall open with the attendance of two-thirds of the registered members, and pass a resolution with the consenting vote of a majority of the present members.

Article 15 (Request for Cooperation of Relevant Authorities, etc.) The Council may, where necessary for the performance of functions and duties, request the relevant authorities, organizations, etc. for cooperation such as submitting materials, opinions, etc.

Article 16 (Allowances, etc.)

Allowances and travel expenses may be paid to members of the Consultative Council and the working subcommittee who are not public officials within the limit of the budget. Article 17 (Detailed Rules for Operation)

(1) Matters necessary for the operation of the Consultative Council, other than those prescribed by Articles 12, 13, and 16, shall be determined by the chairperson through the deliberation of the Consultative Council.

(2) Matters necessary for the operation of the working committee, other than those prescribed by Articles 14 and 16, shall be determined by the chairperson of the working committee upon consultation in advance with the executive secretary and through the deliberation of the working committee.

Article 18 (Joint Establishment and Operation of Consultative Council) The heads of local governments may, if necessary for the operation of the Consultative Council, establish and operate a joint Consultative Council in accordance with the agreement between the related local governments.

Article 19 (Evaluation Implementing Agency, etc. for Vocational Education and Training Institutes)

(1) Evaluation of vocational education and training institutions as prescribed in Article 21 (1) of the Act shall be implemented by the head of the relevant central administrative agency, the head of the local government, or the head of local educational administrative agency, according to its competency (herein after referred to as the "head of the evaluation agency"). (2) Vocational education and training institutions subject to evaluation pursuant to the provisions of Article 21 (3) of the Act shall be as follows:

1. Industrial education institutions as prescribed in subsection 2 of Article 2 of the Promotion of Industrial Education and Industry-Academic Cooperation Act;

2. Technical colleges as prescribed in subsection 6 of Article 2 of the Higher Education Act;

3. Institutions implementing vocational ability development training as prescribed in subsection 1 of Article 2 of the Act on the Development of Occupational Abilities of Workers;

4. Private teaching institutes teaching technical subjects among those established by the Act on the Establishment and Operation of Private Teaching Institutes and Extracurricular Lessons; or

5. Vocational education and training institutions established pursuant to other laws and regulations.

(3) The period of evaluations of vocational education and training institutions as prescribed in Article 21 (3) of the Act shall be determined in accordance with the following classification within the limit of five years, upon consideration of the type, financial supports, etc. of the vocational education and training institution:

1. The Minister for the vocational education and training institutions as prescribed in section (2) 1, 2, and 4;

2. The Minister of Labor for the vocational education and training institutions as prescribed in section (2) 3; and

3. The head of the evaluation agency concerned for the vocational education and training institutions as prescribed in section (2) 5.

(4) The evaluation of vocational education and training institutions as prescribed in Article 21 (3) of the Act shall be comprehensively implemented for the following matters:

1. The current state of the facilities and equipment for vocational education and training;

2. The current state of teachers and staff for vocational education and training;

3. The actual condition of operation of vocational education and training courses;

4. The actual condition of the courses after graduation and employment of vocational education and training students;

5. The degree of satisfaction by vocational education and training students and industrial enterprises;

6. The actual condition of industrial-academic cooperation; and

7. Other matters deemed necessary by the head of the evaluation agency, including information management systems, welfare, etc.

(5) Where a vocational education and training institution undergoes evaluation pursuant to other laws and regulations, the head of the evaluation agency may deem that it underwent the evaluation as prescribed in section (1).

(6) Other detailed matters necessary for the implementation of evaluation shall be determined by the head of the evaluation agency.

Article 20 (Publication Methods of Evaluation Results) The head of the evaluation agency shall publicize the results of the evaluation of the vocational education and training institutions pursuant to the provisions of Article 22 (1) of the Act in the Official Gazette, etc. within three months from the date on which the evaluation is completed, according to the items of evaluation or evaluation areas. Article 21 (Publication of Information regarding Vocational Education and Training) (1) The type of information to be published pursuant to the provisions of Article 23 (2) of the Act shall be as follows:

1. Institution regulations or operational rules;

2. Current state of application for admission;

3. Vocational education and training courses;

4. Current state of employment of vocational education and training students;

5. Current state of teachers and staff for vocational education and training;

6. Current state of facilities and equipment for vocational education and training;

7. Financial situation of the vocational education and training institutions, and development plans of the founders; and

8. Other information on the overall operations of vocational education and training institutions.

(2) The publication of information as prescribed in Article 23 (2) of the Act shall be made by publishing in the Official Gazette, etc.

ADDENDA (Enforcement Decree of the Prohibition of Age Discrimination in Employment and Elderly Employment Promotion Act)

Article 1 (Enforcement Date)

This Decree shall enter into effect on Mar. 22, 2009. Article 2 (Amendment of Other Laws and Regulations) (1) through (3) Omitted.

(4) Part of the Enforcement Decree of Vocational Education and Training Promotion Act shall be amended as follows:

The term "aged persons as prescribed in subsections 2 of Article 2 of the Employment Promotion for the Aged Act" shall be changed to "aged or semi-aged persons as prescribed in subsections 1 and 2 of Article 2 of the Prohibition of Age Discrimination in Employment and Early Employment Promotion Act".

(5) and (6) Omitted.

Article 3 Omitted.