1. Reasons for Amendment
As the Act on the Development of Lifelong Vocational Skills of Citizens was amended to extend the restriction period of receiving support, loans, and eligibility to provide courses on the grounds of engaging in illegal conduct by an employee or business owner related to vocational skills development training and changing the standard for the additional collection of money unlawfully obtained (Act No. 18751, promulgated on January 11, 2022, and to be enforced on January 12, 2023), this amendment aims to improve the calculation criteria for the restriction period of receiving support, loan, and taking courses on the grounds of engaging in illegal conduct and for the additional collection of money unlawfully obtained; prescribe detailed standards for restrictions on lectures on vocational skills development training courses where vocational skills development teachers, etc., intentionally or with gross negligence interfere with training; prescribe matters entrusted by the Act and matters necessary for its implementation, such as providing standards for disposition such as the termination of an outsourcing contract where a person, etc., entrusted with vocational skills development training refuses access to, interferes with, or evades relevant public officials investigation of related documents or makes false statements to such public officials.
2. Major Provisions
A. Provide standards for restricting lectures for vocational skills development teachers, etc. (Article 17-2 and attached Table 4-2 newly inserted)
Provide disposition standards to restrict lectures in training courses for one year where a vocational skills development teacher, etc., intentionally or with gross negligence interferes with vocational competency development training and where a training institution has been subject to the cancellation of outsourcing contracts or the revocation of accreditation and to restrict lectures in training courses for two years where a training institution has been subject to a restriction of outsourcing contracts or accreditation.
B. Improve the limit of the additional collection of money unlawfully obtained (Article 22-2)
Improve detailed standards so that one to five times the money unlawfully obtained may be additionally collected depending on the number of applications for training expenses and whether there is a collusion with the business owner in false or other unlawful ways for five years retroactively from the date of the latest violation, regardless of the subject of illegal receipts and the amount of money unlawfully obtained.
C. Provide sanction standards for non-compliance with investigations (Attached Tables 1, 1-2, and 2)
Provide a standard of action to terminate the contract and restrict outsourcing/recognition in the relevant business type for three months or cancel the recognition and restrict outsourcing/recognition in the relevant business type for three months where a person entrusted with vocational skills development training or an institution, etc., that conducts vocational skills development training courses refuses access to, interferes with, or evades the investigation of related documents by relevant public officials, or makes false statements to such public officials.
D. Extend the restriction period for receiving support, loans, or providing courses on the grounds of illegal conduct (Attached Table 6-2)
Extend the restriction period of receiving support, loans, or providing courses from three years to five years where a worker/business owner, etc. has received support for training expenses and training allowances through fraudulent or other unlawful means or received support/loan under this Act.
