Study on the Reform of the Framework Act on Qualifications
Young-Real Choi, Mee-Souk Kim, In Soo Jeong
This study seeks to improve the relevant Framework Act on Qualifications (hereinafter 'FAQ') through the introduction of the provison of private qualifications to those persons who have completed the required course (hereinafter, "course qualification"). In addition, this study also tries to improve the advertising provisions, which have heretofore misled consumers, and the structure and contents of the FAQ. The study consists of three chapters. The first revolves around the introduction of the background and methods to the introduction of private qualifications as part of the introduction of course qualifications. The second chapter focuses on adding additional regulations in terms of the advertising of private qualifications. Finally, the third chapter introduces measures through which to improve the structure and contents of the FAQ. As part of this research, the available literature as well as previous studies produced in Korea and abroad were analyzed and experts opinions were utilized.
The FAQ does not contin any provisions pertaining to course qualifications for private qualifications through the National Competency Standards (hereinafter 'NCS'). As the Korean government has announced that it will introduce course qualifications, there is a need to develop provisions pertaining to this matter. This study suggested provisions which should be included in the FAQ and the matters for which more research will be needed in the future.
In terms of advertising by private institutions, the scale of false and exaggerated advertisement has continuously increased in recent years. This kind of advertising has damaged job seekers. In particular, some institutions have placed ads which falsely stated that the qualifications or certificates they provide constitute a pathway to full employment. The situation regarding such private qualifications is made even worse by the fact that the victims of such false or exaggerated advertising mostly emanate from the ranks of those with less education or unskilled labor. In this regard, the present study called for the introduction of more detailed provisions and the strengthening of the punishment for violations of the FAQ so as to promote fair competition
amongst advertisers and to give consumers more transparent and unbiased messages that can help them make rational choices. In addition, the study also recommended continued advertising-related education for private qualification administrators.
As far as the structure and contents of the FAQ is concerned, the Act has in the past been revised in response to pertinent demands at the time. This study recommended that some additional provisions be included in the FAQ. These provisions include those related to the clarification of the relationship with other laws so to establish the FAQ as the basic Act on qualifications; separation of private qualification provisions so as to overcome the misunderstanding that the FAQ is a private qualification Act; and other provisions to guarantee the governance of the FAQ.
