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ACT ON RECOGNITION OF CREDITS, ETC.

Act No. 5275, Jan. 13, 1997

Amended by Act No. 5453, Dec. 13, 1997

Act No. 6400, Jan. 29, 2001

Act No. 6434, Mar. 28, 2001

Act No. 8167, Jan. 3, 2007

Act No. 8346, Apr. 11, 2007

Act No. 8676, Dec. 14, 2007

Act No. 8712, Dec. 21, 2007

Act No. 8852, Feb. 29, 2008

Act No. 8916, Mar. 21, 2008

Act No. 10000, Feb. 4, 2010

 Article 1 (Purpose)
The purpose of this Act is to realize the ideology of continuing education, to contribute to the self-realization of individuals and to the development of the State and society by granting persons, etc., who have completed a course of study which has obtained assessment recognition, an opportunity of academic background being recognized and of obtaining a degree through the recognition of credit points.
[This Article Wholly Amended by Act No. 8712, Dec. 21, 2007]
 Article 2 (Definitions)
The definitions of terms used in this Act shall be as follows. <Amended by Act No. 8852, Feb. 29, 2008>
1. The term "assessment recognition" means that the Minister of Education, Science and Technology evaluates whether the courses of study prescribed in Article 3 (1) meet the standards prescribed in paragraph (4) of the same Article and recognizes such courses as courses of study for which credit points are recognized;
2. The term "degree" means a bachelor's degree prescribed in Article 35 (1) of the Higher Education Act or a degree having the same validity as that of an associate's degree prescribed in Article 50 (1) of the same Act;
3. The term "universities" means universities and colleges prescribed in the provisions of subparagraphs 1 through 6 of Article 2 of the Higher Education Act:
(a) Universities and colleges;
(b) Industrial universities;
(c) Teachers'universities;
(d) Junior colleges;
(e) Broadcasting universities, communications universities, open universities and cyber universities;
(f) Technical institutes.
[This Article Wholly Amended by Act No. 8712, Dec. 21, 2007]
 Article 3 (Assessment Recognition of Courses of Study)
(1) The Minister of Education, Science and Technology may recognize assessment of the courses of study established and operated by continuing education facilities, vocational training institutes, educational and training facilities of the military, etc. prescribed by Presidential Decree (referred to as "education and training institutes" hereinafter) as prescribed by Presidential Decree. <Amended by Act No. 8852, Feb. 29, 2008>
(2) Education and training institutes intending to obtain assessment recognition prescribed in paragraph (1) shall apply for assessment recognition to the Minister of Education, Science and Technology as prescribed by Presidential Decree. <Amended by Act No. 8852, Feb. 29, 2008>
(3) Education and training institutes that establish and operate the courses of study which have obtained assessment recognition as prescribed in paragraph (1) shall report to the Minister of Education, Science and Technology in advance as prescribed by Ordinance of the Ministry of Education, Science and Technology if they intend to make modifications to matters of assessment recognition according to the standards for assessment recognition prescribed in paragraph (4). <Amended by Act No. 8852, Feb. 29, 2008>
(4) Qualifications for professors or lecturers, learning facilities and equipment, and the details of courses of study, which constitute the standards for assessment recognition prescribed in paragraph (1) shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 8712, Dec. 21, 2007]
 Article 4 (Issuance of Certificates of Assessment Recognition)
(1) Where the Minister of Education, Science and Technology performs assessment recognition as prescribed in Article 3 (1), he/she shall issue a document certifying assessment recognition (referred to as "certificate of assessment recognition" hereinafter) to the heads of the relevant education and training institutes. <Amended by Act No. 8852, Feb. 29, 2008>
(2) Matters necessary for matters to be stated on a certificate of assessment recognition prescribed in paragraph (1) shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 8712, Dec. 21, 2007]
 Article 5 (Cancellation of Assessment Recognition)
(1) When an education and training institute that establishes and operates the courses of study which has obtained assessment recognition as prescribed in Article 3 (1) falls under any of the following subparagraphs, the Minister of Education, Science and Technology may cancel such assessment recognition: Provided, That in cases falling under subparagraph 1, he/she shall cancel such assessment recognition: <Amended by Act No. 8852, Feb. 29, 2008>
1. Where assessment recognition has been obtained by deceit or other fraudulent means;
2. Where matters of assessment recognition that shall comply with the standards for assessment recognition prescribed in Article 3 (4) have been modified without reporting as prescribed in paragraph (3) of the same Article;
3. Where it has fallen short of the standards for assessment recognition prescribed in Article 3 (4).
(2) Where the Minister of Education, Science and Technology intends to cancel assessment recognition as prescribed in paragraph (1) 2 and 3, he/she shall issue a corrective order to the heads of education and training institutes, specifying a reasonable period. <Newly Inserted by Act No. 8916, Mar. 21, 2008>
[This Article Wholly Amended by Act No. 8712, Dec. 21, 2007]
 Article 6 (Public Announcement of Assessment Recognition)
(1) Where the Minister of Education, Science and Technology performs assessment recognition on a course of study or cancels such assessment recognition as prescribed in Article 3 (1) and (3) and Article 5, he/she shall publicly announce such fact. <Amended by Act No. 8852, Feb. 29, 2008>
(2) Methods of announcement prescribed in paragraph (1) and other matters necessary for public announcement shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 8712, Dec. 21, 2007]
 Article 7 (Recognition of Credits)
(1) The Minister of Education, Science and Technology shall recognize corresponding credit points for a person who has completed a course of study that obtained assessment recognition as prescribed in Article 3 (1). <Amended by Act No. 8712, Dec. 21, 2007; Act No. 8852, Feb. 29, 2008>
(2) The Minister of Education, Science and Technology may recognize corresponding credit points for a person falling under any of the following subparagraphs: <Amended by Act No. 8676, Dec. 14. 2007; Act No. 8712, Dec. 21, 2007; Act No. 8852, Feb. 29, 2008; Act No. 10000, Feb. 4, 2008>
1. A person who has completed a course of study as prescribed by the Higher Education Act, the Lifelong Education Act or school regulations at schools or continuing education facilities prescribed by Presidential Decree;
2. A person who has completed a course of education corresponding to university education in a foreign country or in the region north of the Military Demarcation Line;
3. A person registered as a part-time student who has attended classes as prescribed in Article 36 (1) of the Higher Education Act or Article 32 or 33 of the Lifelong Education Act;
4. A person who has obtained qualifications prescribed by Presidential Decree or who has completed a course of education necessary to obtain such qualifications;
5. A person who has passed an examination prescribed by Presidential Decree or has completed a course of education which exempts participants from taking such examination;
6. A person who is deemed to possess important intangible cultural properties prescribed in Article 24 of the Cultural Heritage Protection Act, or who is a disciple thereof and has been initiated in a specific course as prescribed by Presidential Decree.
(3) Deleted. <by Act No. 6434, Mar. 28, 2001>
(4) Where a person has obtained recognition of credit points prescribed in paragraph (1) or (2) by deceit or other fraudulent means, the Minister of Education, Science and Technology may cancel such recognition of credit points. <Newly Inserted by Act No. 8916, Mar. 21, 2008>
(5) Standards and procedures for recognition of credit points prescribed in paragraphs (1) and (2) and other necessary matters shall be prescribed by Presidential Decree. <Amended by Act No. 8712, Dec. 21, 2007>
 Article 8 (Recognition of Credits)
(1) A person for whom a certain amount of credit points have been recognized as prescribed in Article 7 shall be recognized as having the level of educational attainment similar to or higher than the level of educational attainment of a person who graduated from a university or college prescribed in subparagraph 1 of Article 2 of the Higher Education Act or a junior college prescribed in subparagraph 4 of Article 2 of the same Act.
(2) Standards for recognition of educational attainment prescribed in paragraph (1) shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 8712, Dec. 21, 2007]
 Article 9 (Conferment of Degree)
(1) The Minister of Education, Science and Technology shall confer a degree on a person who has graduated from a high school or obtains recognition as having the level of educational attainment similar to or higher than the aforementioned, and for whom a certain amount of credit points are recognized as prescribed in Article 7 and who meets the requirements prescribed by Presidential Decree. <Amended by Act No. 8852, Feb. 29, 2008>
(2) A person who falls under any of the following subparagraphs may confer a degree on a person who has graduated from a high school or obtains recognition as having the level of educational attainment similar to or higher than the aforementioned, for whom a certain amount of credit points are recognized as prescribed in Article 7 and who meets the requirements prescribed by Presidential Decree: <Amended by Act No. 8676, Dec. 14, 2007; Act No. 8852, Feb. 29, 2008>
1. Presidents of universities;
2. Heads of all kinds of schools of which the academic background to enter schools of the upper level of degree is recognized as prescribed in Article 59 (4) of the Higher Education Act, which have been designated by the Minister of Education, Science and Technology;
3. Heads of continuing education facilities of an in-house college-type lifelong educational establishment prescribed in Article 32 of the Lifelong Education Act;
4. Heads of continuing education facilities of a distance college-type lifelong educational establishment prescribed in Article 33 of the Lifelong Education Act.
(3) The Minister of Education, Science and Technology, president of universities, etc. who has conferred a degree as prescribed in paragraph (1) or (2) may cancel the conferment of a degree on a person who has obtained a degree by deceit or other fraudulent means. <Newly Inserted by Act No. 8916, Mar. 21, 2008>
(4) Types of degrees prescribed in paragraphs (1) and (2), the procedures of conferring of academic degrees and other necessary matters shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 8712, Dec. 21, 2007]
 Article 10 (Duties of State and Local Governments)
The State and local governments shall prepare measures necessary to support the learning of those who intend to have credit points recognized pursuant to this Act.
[This Article Wholly Amended by Act No. 8712, Dec. 21, 2007]
 Article 11 (Delegation and Entrustment of Authority)
Part of the authority of the Minister of Education, Science and Technology under this Act may be delegated or entrusted to persons in the following subparagraphs as prescribed by Presidential Decree: <Amended by Act No. 8852, Feb. 29, 2008>
1. Superintendents of Education;
2. Heads of education and training institutes;
3. Heads of relevant institutions prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 8712, Dec. 21, 2007]
 Article 12 (Corrective Orders, etc.)
(1) Where duties conducted by the superintendents of education, heads of education and training institutes or heads of relevant institutions that have been delegated or entrusted with authority as prescribed in Article 11 are handled in violation of this Act, relevant Acts and subordinate statutes or an order thereunder, the Minister of Education, Science and Technology may take necessary measures, such as issuing a corrective order, etc., specifying a period, to the relevant superintendents of education, heads of education and training institutes or heads of relevant institutions as prescribed by Presidential Decree. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 8916, Mar. 21, 2008>
(2) The superintendents of education, heads of education and training institutes or heads of relevant institutions that have been imposed a corrective order, etc. prescribed in paragraph (1) shall implement such matters within a specified period unless any justifiable ground exists to the contrary.
[This Article Wholly Amended by Act No. 8712, Dec. 21, 2007]
 Article 12-2 (Hearings)
When the Minister of Education, Science and Technology intends to cancel assessment recognition of courses of study as prescribed in Article 5, he/she shall hold a hearing. <Amended by Act No. 8852, Feb. 29, 2008>
[This Article Wholly Amended by Act No. 8712, Dec. 21, 2007]
ADDENDA
(1) (Enforcement Date) This Act shall enter into force on March 1, 1997.
(2) (Applicability to Assessment Recognition) Assessment recognition prescribed in the provisions of Article 3 (1) shall begin to apply to the first enrolled person who attends classes during the course of study after assessment recognition was granted thereto.
(3) (Applicability to Recognition of Credits) Credit points of a person who has passed an examination by course prescribed in the provisions of Article 5 of the Act on the Acquisition of Academic Degrees through Self-Education as at the time this Act enters into force may be recognized, as prescribed by Presidential Decree.
ADDENDA<Act No. 5453, Dec. 13, 1997>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 1998. (Proviso Omitted.)
Article 2 Deleted.
ADDENDA<Act No. 6400, Jan. 29, 2001>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Deleted.
ADDENDA<Act No. 6434, Mar. 28, 2001>
(1) (Enforcement Date) This Act shall enter into force three months after the date of its promulgation.
(2) (Applicability to Assessment Recognition) Credit points of a person who falls under the amended provisions of Article 7 (2) as at the time this Act enters into force may be recognized, as prescribed by Presidential Decree.
(3) (Transitional Measures concerning Modification of Matters of Assessment Recognition) Education and training institutes that have obtained approval of the Minister of Education and Human Resources Development for modification of the matters of assessment recognition according to the standards for assessment recognition pursuant to the previous provisions as at the time this Act enters into force shall be deemed to have reported pursuant to this Act.
ADDENDUM<Act No. 8167, Jan. 3, 2007>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA<Act No. 8346, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 13 Deleted.
ADDENDA<Act No. 8676, Dec. 14, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force two months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 16 Deleted.
ADDENDUM<Act No. 8712, Dec. 21, 2007>
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of subparagraph 3 (e) of Article 2 shall enter into force on April 18, 2008.
ADDENDA<Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Deleted.
ADDENDUM<Act No. 8916, Mar. 21, 2008>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA<Act No. 10000, Feb. 4, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Deleted.