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Laws of the Republic of Korea |
[Enforcement Date: Dec. 26, 2008] [Act No. 9190, Dec. 26, 2008, Partial Amendment] Ministry of Education, Science and Technology (Career and Vocational Education Division) Tel.: 02-2100-6392
CHAPTER I GENERAL PROVISIONS
Article 1 (Purpose)
The purpose of this Act is to systemize the management and operation of the qualification system and to promote the development of lifelong job abilities by providing for the basic matters concerning qualification thereof, and thereby to elevate the socio-economic position of the people and realization of the ability-based society Article 2 (Definitions)
The definitions of terms used in this Act shall be as follows:
1. The term "qualification" refers to the level of mastering knowledge, skills, or attainments necessary for performing duties, which is evaluated or recognized in accordance with a certain set of standards and procedures;
2. The term "national standards of abilities for duties" means contents of knowledge, skills, attainments, etc. required for performing duties in the industrial sites, which are systemized by the State according to the category and level of the industries;
3. The term "qualification structure" refers to a system of levels of qualification so that school education, vocational training (hereinafter referred as "education and training"), and qualification can be mutually connected based on the national standards of abilities to perform duties;
4. The term "national qualifications" refers to the qualifications which are established, managed, and operated by the State;
5. The term "private qualifications" refers to the qualifications which are established, managed, and operated by persons other than the State; 6 The term "national qualification administrator" refers to the head of the central administrative agency which manages and operates the relevant national qualifications under the relevant laws and regulations;
7. The term "private qualification administrator" refers to a person who manages and operates the relevant private qualifications;
8. The term "relevant minister" refers to the head of the central administrative agency which publicly certifies the relevant private qualifications, and provides guidance and supervision thereof;
9. The term "qualification examination" means a process of evaluating abilities to perform duties, which is necessary for acknowledgment of qualifications.
10. The term "certification" refers to the activity of certifying private qualifications, performed by the State, for which the level of examination such as standards for examination, subjects of examination, and qualification for taking examination, etc. is equal or similar to those for national qualifications. Article 3 (Basic Direction of Management and Operation of Qualification System) Both national and private qualification administrators shall endeavor to reflect the following matters in managing and operating qualification systems:
1. Compliance with national job ability standards;
2. Compliance with qualification structures;
3. Linkage with education and training course;
4. Satisfying demands of industrial fields;
5. Contribution to the settlement of lifelong education and ability-based society; and
6. Securing compatibility among qualifications and international currency. Article 4 (Duties of State)
(1) The State shall establish national job ability standards, and endeavor to formulate and execute policies necessary so that qualifications may be managed and operated in accordance with such national job ability standards. (2) The State shall endeavor to formulate and execute policies necessary for establishing qualification structures.
(3) The State shall devise policies for connection among education and training, qualifications, and the industrial sites;
(4) The State shall respect the opinions of industrial fields and guarantee their participation in the process of management and operation of qualifications. (5) The State shall devise policies necessary for vitalizing private qualifications and elevating public confidence therein.
(6) The State shall formulate and implement policies necessary for securing compatibility among qualifications and international currency
CHAPTER II MANAGEMENT AND OPERATION SYSTEM OF
QUALIFICATIONS
Article 5 (National Job Ability Standards)
(1) The State shall develop and improve the national job ability standards upon taking into consideration the international standards and changes in industrial technologies, etc. (2) The national job ability standards shall contain the following matters:
1. Scope, contents, and levels of duties;
2. Knowledge, skills, and attainments required for performing duties and standards for and methods of evaluation; and
3. Other matters necessary for performing duties. (3) The Government shall endeavor to ensure that the education and training course, qualification examination and standards for setting questions therefor, standards for certifying private qualifications, etc. determined by the Government are prepared in accordance with the national job ability standards. (4) The detailed matters concerning development, improvement, and utilization of the national job ability standards shall be prescribed by Presidential Decree. Article 6 (Qualification Structure)
(1) The Government shall establish the qualification structure based on the national job ability standards and utilize it.
(2) Matters necessary for establishing the qualification structure shall be prescribed by Presidential Decree.
Article 7 (Basic Plan for Management and Operation of Qualifications) (1) The Government shall establish the basic plans for management and operation of qualifications (hereinafter referred to as the "basic plans") through the deliberation by the Qualification Policy Deliberation Committee as referred to in Article 8, to efficiently promote qualification policies, and notify such basic plans to the heads of the central administrative agencies concerned. The same shall apply in the case of intending to alter the basic plans.
(2) The basic plans shall include the following matters:
1. Matters concerning development, improvement, and utilization of the national job ability standards;
2. Matters concerning establishment of qualification structure;
3. Matters concerning connection among education and training, qualifications, and industrial sites;
4. Matters concerning securing compatibility among qualifications and promotion of international currency of qualifications;
5. Matters concerning establishment, etc. of qualification information system;
6. Matters concerning operational performance and evaluation of qualification system; and
7. Other matters necessary for the development of the qualification system. (3) The heads of the central administrative agency concerned shall establish and promote the annual implementation plans for affairs under their control in accordance with the basic plans.
(4) Detailed matters concerning establishment and promotion of the basic plans and
implementation plans shall be prescribed by Presidential
Decree.
Article 8 (Establishment, etc. of Qualification Policy Council)
(1) The Qualification Policy Council (hereinafter referred
to as the "Council") shall be
established in the Ministry of Education, Science and Technology to deliberate on the
following matters
concerning qualifications: 1. Matters concerning the basic plans and adjustment of qualification policies;
2. Matters concerning establishment and promotion of the basic plans;
3. Matters concerning establishment, alteration, and discontinuance of national
qualifications referred to in Article 11 (3);
4. Matters concerning areas where operation of private qualifications is not appropriate in
accordance with Article 17 (1);
5. Matters concerning certification of private qualifications; and
6. Other matters referred to the Council for deliberation by the chairperson as he/she deems
necessary concerning main policies for
qualifications.
(2) The Council shall be composed of not more than twenty members including the
chairperson and vice-chairperson;
and the chairperson shall be the Minister of Education,
Science and Technology (hereinafter referred to as the "Minister"), the
vice-chairperson
shall be the Minister of Labor, and the members shall be the following persons:
1. The heads of the central administrative agencies concerned prescribed by Presidential
Decree; and
2. Persons commissioned by the chairperson among the persons representing the fields of
education and training, industries, or labor,
in accordance with the recommendations of
the heads of the central administrative agencies concerned.
(3) Where deemed necessary,
the chairperson may have the heads of the administrative
agencies concerned attend the Council and state their opinions in relation
to the affairs under
their jurisdiction.
(4) The term of office for the members shall be two years, and they may be re-
commissioned: Provided, that the terms of office
for the chairperson, vice-chairperson, and
members under section (2) 1 shall be the terms of holding such positions.
(5) A working
subcommittee shall be established in the Council to efficiently assist the
deliberations of the Council.
(6) Matters necessary for the organization and operation of the Council and the working
subcommittee shall be prescribed by Presidential
Decree.
Article 9 (Connection between Education/Training and Qualifications)
(1) The national qualification administrator may grant
national qualifications to the persons
who have the specific requirements determined by the laws and regulations prescribing the
relevant national qualifications (hereinafter referred to as the "laws and regulations related
to national qualifications") among
the persons who have completed the curriculum of the
industrial education institutions referred to in subsection 2 of Article 2
of the Promotion of
Industrial Education and Industry-Academic Cooperation Act, or the education and training
courses operated
in accordance with the national job ability standards among the job ability
development training courses referred to in subsection
1 of Article 2 of the Act on the
Development of Occupational Abilities of Workers.
(2) The head of the industrial education institution
referred to in subsection 2 of Article 2 of
the Promotion of Industrial Education and Industry-Academic Cooperation Act may utilize
the qualification, which the applicant for admission has acquired, as the data for selecting
new students in accordance with the
relevant category and level, or recognize it as earned
credit units.
Article 10 (Establishment, etc. of Qualification Information System)
(1) The Government may establish and operate a qualification
information system required
for the operation of a qualification system such as collection and management, etc. of
information
related to qualifications and persons who have acquired qualifications.
(2) The Government may demand the persons managing and operating
qualifications to
submit data necessary for the establishment and operation of the qualification information
system.
(3) Where deemed necessary, the Government may entrust the whole or part of the affairs in
respect to the establishment and operation
of the qualification information system to the
related specialized institutions in accordance with the Presidential Decree.
(4)
Other matters necessary for the establishment and operation of the qualification
information system shall be prescribed by Presidential
Decree.
CHAPTER III NATIONAL QUALIFICATION
Article 11 (Establishment, etc. of National Qualifications)
(1) The heads of the central administrative agencies may establish national
qualifications in
the areas applicable to the following subsections, by the laws and regulations related to
national qualifications:
1. Areas directly related to the lives, health, and safety of the people;
2. Areas directly related to the public interest such as national defense, public security,
education, and national key industries;
3. Areas where operation of private qualifications is difficult due to the lack of demand for
acquisition of such qualifications;
and
4. Other areas which are deemed necessary by the State.
(2) The heads of the central administrative agencies shall not establish
national
qualifications using the same names as those of private qualifications certified in accordance
with Article 19 (1) (hereinafter
referred to as "certified qualifications")
(3) Where deemed necessary for the establishment, alteration, or discontinuance (hereinafter
referred to as "establishment, etc.") of the national qualifications, the heads of the central
administrative agencies may request
the Council for deliberation thereupon in accordance
with Presidential Decree: Provided, that where there are conflicting opinions
between
ministries, they shall request the Council for deliberation thereupon.
(4) Where establishment, etc. of the national qualification
is deemed necessary, the Council
may advise establishment, etc. of such national qualification to the head of the relevant
central
administrative agency related to such qualification.
(5) In the event of advising establishment, etc. of the national qualification
in accordance
with section (4), the Council may request the head of the relevant central administrative
agency for necessary materials.
Article 12 (Acquisition of National Qualification)
(1) A person who intends to acquire a national qualification shall acquire such
national
qualification in accordance with the conditions as prescribed by the laws and regulations
related to such national qualifications.
(2) The national qualification administrators shall deliver the certificates attesting
acquisition of such national qualifications
(hereinafter referred to as the "national
certificates") to the persons who meet the requirements for acquiring national qualification
in accordance with the conditions as prescribed by the laws and regulations related to
national qualifications.
(3) Matters necessary for delivery and entries of the national certificates and other necessary
matters shall be prescribed by the
laws and regulations related to national qualifications.
Article 13 (Exemption of Examination for National Qualification)
The national
qualification administrator may, where any person who applies to the following
subsections intends to acquire the national qualifications,
exempt the whole or part of the
qualification examination, in accordance with the conditions as prescribed by the laws and
regulations
related to national qualifications:
1. A person who has acquired a related national qualification or certified qualification;
2. A person who has completed an educational and training course prescribed by the
national qualification administrators;
3. A person who has acquired a related qualification in a foreign country;
4. A person who has acquired a related qualification in an area north of the military
demarcation line; and
5. A person who is deemed to have an ability equivalent to the national qualification,
prescribed by the laws and regulations related
to national qualifications.
Article 14 (Prohibition of Using Same Name)
(1) The private qualification administrators shall not use the same names as those of national
qualifications.
(2) No person other than those who have acquired national qualifications may use the same
names as those of national qualifications.
Article 15 (Arrangement of National Qualifications)
Where there are qualifications which are not appropriate to maintain as national
qualifications or are redundant, the national qualification administrators shall consolidate
and arrange such qualifications.
Article 16 (Delegation and Entrustment of Management and Operation of National
Qualification)
The national qualification administrators may delegate or entrust the whole or part of the
authorities in respect to the management
and operation, etc. of national qualifications
according to the conditions as prescribed by the laws and regulations related to
the national
qualifications.
CHAPTER IV PRIVATE QUALIFICATIONS
Article 17 (Establishment and Registration, etc. of Private Qualification)
(1) Any corporation, organization, or individual other
than the State may establish private
qualifications, and manage and operate them, excluding the areas applicable to the following
subsections:
1. Areas related to the activities prohibited under other laws and regulations;
2. Areas directly related to the lives, health, and safety of the people and national defense;
3. Areas related to the activities which are harmful to the sound public morals or against
the social orders; and
4. Other areas determined by Presidential Decree through the deliberation by the Council
as inappropriate to be operated as private
qualifications.
(2) A person who has established any private qualification, and manages and operates such
qualification shall register
with the related specialized institution or organization designated
by the Minister in accordance with the conditions as prescribed
by Presidential Decree.
(3) The Minister may provide financial assistance required for performing the registration
affairs to the institutions or organizations
performing registration affairs in accordance with
section (2) in accordance with the Presidential Decree.
(4) Matters necessary for the management and operation of the private qualifications
referred to in section (1) shall be prescribed
by Presidential Decree.
Article 18 (Disqualifications)
No person applicable to any of the following subsections shall be a private qualification
administrator:
1. A minor, incompetent, or quasi-incompetent;
2. A person who has not been reinstated after being declared bankrupt;
3. A person who has been sentenced to imprisonment, and for whom three years have not
yet elapsed from the date on which the execution
of the sentence is terminated (including
any cases where the execution of the sentence is deemed to be terminated) or the
execution
of the sentence is exempted;
4. A person who is under a probation period after being sentenced to the suspension of the
execution of imprisonment or heavier punishment;
5. A corporation or organization, any of whose executives applies to any of subsections 1
through 4 (excluding the case where such
executive is replaced within three months from
the date such cause has occurred).
Article 19 (Certification of Private Qualifications)
(1) The relevant ministers may certify private qualifications managed by the
corporations
after undergoing the deliberation by the Council in order to secure confidence in private
qualifications and to elevate
social currency of such qualifications.
(2) Any private qualifications applicable to the following subsections shall not be certified
as the private qualifications referred to in section (1):
1. Qualifications operated by the corporation which is under its liquidation procedure;
2. Qualifications managed and operated by a person who has not registered in accordance
with Article 17 (2);
3. Qualifications for which three years have not passed since their certifications were
cancelled in accordance with Article 26 (1).
(3) Matters necessary for the standards, procedures, etc. for certification of private
qualifications shall be prescribed by Presidential
Decree.
Article 20 (Period of Certification, etc. by Private Qualification Administrator)
(1) The period of certification by the
private qualification administrator shall be prescribed
and publicly announced by the relevant minister.
(2) The relevant minister may extend the period of certification referred to in section (1) for
one time only within the extent
of five years in accordance with the Presidential Decree. In
this case, the deliberation by the Council shall be omitted.
(3) A
person who manages and operates certified qualifications (hereinafter referred to as
the "administrator of certified qualification")
may be recertified before the period of
certification prescribed in sections (1) and (2) expires.
(4) The provisions for certification
of private qualifications shall apply mutatis mutandis to
the recertification of the certified qualifications.
Article 21 (Validity
of Certified Qualification)
(1) Certified qualifications acquired within the period of certification shall be valid
regardless of the expiration of the certification.
Provided, that the same shall not apply
where the term of validity of certified qualifications is expired.
(2) Private qualifications
acquired before certification of private qualification is obtained as
referred to Article 19 shall be invalid as a certified qualification.
Provided, that the same
shall not apply to the case where a person has passed a qualification examination
implemented by the certified
qualification administrator upon the approval from the relevant
minister as provided by Presidential Decree.
Article 22 (Delivery, etc. of Certificate of Certification)
(1) In the event that the relevant minister certifies in accordance
with Article 19, or extends
the period of certification or recertifies in accordance with Article 20, he/she shall deliver a
document
certifying the certification of the relevant private qualification (hereinafter
referred to as the "certificate of certification")
to the certified qualification administrator.
(2) Any private qualification administrator who has not acquired certification of
private
qualifications as referred to in Article 19 shall not deliver a certificate of qualification which
states that the relevant
qualification is certified.
(3) Matters necessary for delivery and entries of the certificate of certification shall be
prescribed
by the Ordinance of the Ministry of Education, Science and Technology.
Article 23 (Acquisition, etc. of Certified qualifications)
(1) A person who intends to acquire a certified qualification shall pass
the qualification
examination implemented by the certified qualification administrator.
(2) The certified qualification administrator
shall deliver a certificate certifying the
acquisition of the certified qualification (hereinafter referred to as the "certificate
of certified
qualification") to the person who has passed the qualification examination under section (1).
(3) Any person who has
acquired a certified qualification shall receive the same treatment as
the person who has acquired the national qualification equivalent
thereto in accordance with
other laws and regulations.
(4) No person may use the same name as the name of certified qualifications unless he/she
has acquired the certified qualification.
(5) Matters necessary for the entries, etc. of the certificate of certified qualifications shall be
prescribed by the Ordinance
of the Ministry of Education, Science and Technology.
Article 24 (Alteration of Certified Matters)
(1) The certified qualification administrator shall not alter the name of a certified
qualification within the period of certification.
(2) In the event of intending to alter the important matters prescribed by Presidential Decree
such as the standards for examination
of qualification (hereinafter referred to as the
"standards for examination") among the matters certified in accordance with Article
19, the
approval from the relevant minister shall be obtained.
Article 25 (Corrective Order)
Where the certified qualification administrator has violated this Act in relation to the
management and operation of certified qualifications,
the relevant minister may order
correction of the violation to the certified qualification administrator by designating a period
for correction.
Article 26 (Cancellation of Certification or Suspension, etc. of Examination of
Qualification)
(1) The relevant minister may cancel the certification or suspend the examination of
qualification for a period within the extent
of one year in the event that the certified
qualification administrator applies to any of the following subsections. Provided, that
in the
event that he/she applies to the provisions of subsections 1 through 3, the certification shall
be cancelled:
1. Where he/she applies to any of the subsections of Article 18;
2. Where he/she has acquired the certification by fraudulent or other illegal means;
3. Where he/she changes the name of the certified qualification in violation of Article 24
(1); and
4. Where he/she fails to comply with the corrective order from the relevant minister as
referred to in Article 25.
(2) Where the certified qualification administrator intends to discontinue his/her certified
qualification due to liquidation of
the corporation or other unavoidable reasons, he/she
shall report such fact to the relevant minister and return his/her certificate
of certification to
him/her.
(3) The relevant minister who has received the report pursuant to section (2) may, where
he/she deems it necessary to retain the
relevant qualification of certification, have the
rights to manage and operate the relevant qualification of certification transferred
to
another certified qualification administrator or private qualification administrator.
(4) Matters necessary for the standards
for suspension of qualification examination and
cancellation of certification referred to in section (1) and discontinuance of certified
qualification, etc. referred to in section (2) shall be prescribed by the Ordinance of the
Minister of Education, Science and Technology.
Article 27 (Duties of Certified Qualification Administrator)
(1) In the event that any cause applicable to any of the following
subsections occurs, the
relevant minister shall publicly announce such fact within twenty days from the date such
cause has occurred:
1. Certification of private qualification as referred to in Article 19;
2. Period of certification, extension of period of certification, and recertification referred to
in Article 20;
3. Approval for alteration of certified matters by the relevant minister referred to in Article
24 (2);
4. Cancellation of certification, suspension of qualification examinations, and
discontinuance of the certified qualification referred
to in Article 26; and
5. Other matters which affect the interest of the person who has acquired the certified
qualification.
Article 29 (Guidance and Supervision by Relevant Minister)
(1) The relevant minister shall conduct guidance and supervision for
the certified
qualification administrator under his/her control once a year to elevate the public confidence
in the certified qualification.
(2) The relevant minister may, where the certified qualification administrator operates
differently from the certified contents,
conduct guidance and supervision, aside from the
regular guidance and supervision referred to in section (1).
(3) Where deemed
necessary, the relevant minister may order the certified qualification
administrator under his/her jurisdiction to make necessary
reports, submit data, and other
necessary directions.
CHAPTER V SUPPLEMENTARY PROVISIONS
Article 30 (Preferential Treatment to Persons Having Qualifications)
(1) In the event of granting permission, authorization, registration,
or licensing for
businesses or allowing profits in the area of duties of national qualifications or certified
qualifications, the
State and local governments may preferentially treat persons who
acquired national qualifications or certified qualifications in
the relevant area within the
scope of not violating other laws and regulations.
(2) In the event of hiring, promoting, or transferring
employees or taking other actions in
personnel affairs, the owner of the business may give preferential treatment to persons who
acquired national qualifications or certified qualifications in the relevant area.
Article 31 (Duty of Good Faith, etc. of Persons
Having Qualifications)
(1) Any person who acquired any qualification shall perform his/her duties related to his/her
qualification
in good faith, and maintain his/her dignities.
(2) No person may lend a qualification acquired by him/her to other persons, nor
shall
he/she borrow qualifications acquired by others.
Article 32 (Cancellation, Suspension, etc. of Acquisition of Qualification)
The national qualification administrators may take measures
such as cancellation or
suspension of qualifications, and restriction on taking national qualification exams against
any person
who has acquired a national qualification by fraudulent or other illegal means,
any person who has lent a national qualification
to another person or has borrowed a
national qualification from another person, in accordance with the laws and regulations
related
to the national qualifications.
Article 33 (Prohibition, etc. of Exaggerated Advertisement)
(1) In the event that any person advertises in relation to qualifications,
he/she shall indicate
the type of the qualification and the person who manages and operates such qualification,
and he/she shall
not advertise any false or exaggerated information which may deceive or
mislead the consumers.
(2) Any private qualification administrator shall not advertise uncertified private
qualifications as certified qualifications,
nor shall he/she advertise that the uncertified
private qualifications have effects under certification.
(3) Other matters necessary
for the advertising, etc. of qualifications shall be prescribed by
Presidential Decree.
Article 34 (Management of Information for Persons Having Qualifications)
(1) The national qualification administrators and certified
qualification administrators shall
systemize and manage the qualification information concerning the persons who acquired
the relevant
national qualifications and certified qualifications for the efficient operation of
the qualification system and protection of rights
and interests, etc. of the persons who
acquired qualifications.
(2) The national qualification administrators shall periodically submit the information
managed pursuant to section (1) to the relevant
minister.
(3) Any person who manages or used to manage the qualification information pursuant to
section (1) shall not use qualification
information for unjust purposes such as disclosing any
personal qualification information which has come to his/her knowledge in
the course of
conducting affairs, or providing such information for the use of other persons, etc.
(4) Detailed matters such as
contents and utilization of information to be managed pursuant
to section (1) shall be prescribed by Presidential Decree.
Article
35 (Supplementary Education)
The national qualification administrators and certified qualification administrators may
implement supplementary education where
it is necessary for the maintenance and
development of job abilities of the persons who acquired the relevant national qualifications
and certified qualifications.
Article 36 (Hearing)
Where the relevant minister intends to cancel the certification pursuant to Article 26 (1),
he/she shall hold a hearing.
Article 37 (Service Charges)
Any person who applies to any of the following subsections shall pay the service charges in
accordance with Presidential Decree
or other laws and regulations related to the national
qualifications:
1. A person who intends to undergo a national qualification examination;
2. A person who intends to be issued or reissued the certificate of national qualification;
3. A person who intends to be certified or recertified for private qualification; and
4. A person who intends to be issued other various written verifications related to
qualifications.
Article 38 (Delegation and Entrustment of Authority)
(1) The Minister may entrust the affairs of survey and research necessary for
the
establishment and execution of policies pursuant to Article 4 to the related specialized
institutions in accordance with the
Presidential Decree.
(2) The relevant minister may delegate part of his/her authority in respect to the certification
of private qualifications to the
affiliated agencies, or delegate or entrust to other
administrative agencies or related specialized institutions.
Article 39 (Penal
Provisions)
Any person who applies to any of the following subsections shall be punished by
imprisonment not exceeding three years or by a fine
not exceeding thirty million won:
Provided, that, in the case of subsection 1, where there are penal provisions in the laws and
regulations related to the national qualifications, such penal provisions shall prevail:
1. A person who establishes or managed and operated the private qualifications which are
prohibited in Article 17 (1);
2. A person who has delivered a certificate of qualification which states that such
qualification has been certified in violation
of Article 22 (2);
3. A person who has been certified by fraudulent or other illegal means as referred to in
Article 26 (1) 2;
4. A person who has advertised uncertified qualifications as certified qualifications, or has
advertised that the uncertified qualifications
have effects under certification in violation
of Article 33 (2); and
5. A person who has used qualification information for unjust purposes such as disclosing
any personal qualification information
or providing such information for the use of other
persons in violation of Article 34 (3).
Article 40 (Penal Provisions)
Any person who applies to any of the following subsections shall be punished by
imprisonment not exceeding one year or by a fine
not exceeding ten million won: Provided,
that in the case where there are penal provisions in the laws and regulations related to
the
national qualifications, such penal provisions shall prevail:
1. A person who has used the same name as the name of the national qualification in
violation of Article 14;
2. A person who has used the same name as the name of the certified qualification without
acquiring certified qualification in violation
of Article 23 (4);
3. A person who has failed to comply with the corrective order by the relevant minister in
violation of Article 25;
4. A person who has lent or transferred his/her certificate of certification to other persons,
or a person who has borrowed or been
transferred such certificate in violation of Article
27 (2); and
5. A person who has lent the acquired qualification to other persons or who has borrowed
the qualification acquired by another person.
Article 41 (Penal Provisions)
A person who has advertised any false or exaggerated information in relation to
qualifications shall be punished by a fine not exceeding
thirty million won: Provided, that,
in the case where there are penal provisions in the laws and regulations related to the
national
qualifications, such penal provisions shall prevail:
Article 42 (Joint Penal Provisions)
If a representative of a corporation or organization, or an agent, a servant, or other
employees of a corporation, organization,
or an individual commits any offense referred to
in Articles 39, 40 (excluding subsection 5), and 41 in connection with the affairs
of such
corporation, organization, or individual, the relevant corporation, organization, or individual
shall be subject to a fine
prescribed by each of the relevant Articles in addition to the
punishment of the offender: Provided, that this does not apply when
the corporation,
organization, or individual concerned was not negligent in paying attention to and
supervising the relevant duties
to prevent such offenses.
[This Article Wholly Amended by Act No. 9190, Dec. 26, 2008]
ADDENDUM
This Act shall enter into effect on the date of its promulgation.
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