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SCHOOL MEALS ACT

Wholly Amended by Act No. 7962, Jul. 19, 2006

Amended by Act No. 8354, Apr. 11, 2007

Act No. 8655, Oct. 17, 2007

Act No. 8852, Feb. 29, 2008

Act No. 8914, Mar. 21, 2008

Act No. 9432, Feb. 6, 2009

Act No. 9759, jun. 9, 2009

Act No. 10070, Mar. 17, 2010

Act No. 10310, May 25, 2010

Act No. 10386, Jul. 23, 2010

Act No. 10885, Jul. 21, 2011

Act No. 11384, Mar. 21, 2012

Act No. 11690, Mar. 23, 2013

Act No. 11771, May 22, 2013

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Act is to elevate the quality of school meal services and to contribute to the sound mental and physical development of students and the improvement of the nation’s diet by prescribing matters on the school meal services, etc.
 Article 2 (Definitions)
The terms used in this Act shall be defined as follows:
1. The term "school meal services" means meal services provided by school principals to students and pupils of schools or classes under the provisions of Article 4, in order to achieve the purpose under Article 1;
2. The term "school meal service providers" means persons executing the business of school meal services upon entrustment according to contracts with school principals, pursuant to Article 15;
3. The term "expenses for meal services" means food costs, meal services operation costs and other expenses for meal service facilities and equipment, which are necessary for school meal services.
 Article 3 (Duty of State and Local Governments)
(1) The State and local governments shall provide administrative and financial support to make the school meal services of good quality safely offered, and devise the policies necessary for the cultivation of students’ capability to manage correct diet and eating habits through nutrition education, and for the succession and development of traditional eating culture.
(2) The Superintendents of the Offices of Education of the Special Metropolitan City, Metropolitan City, Do and Special Self-Governing Province (hereinafter referred to as "Superintendent of the Office of Education") shall establish and execute plans for school meal services every year.
 Article 4 (Students and Pupils Subject to School Meal Services)
The school meal services shall be provided to the students and pupils attending the schools and classes falling under any of the following subparagraphs, as prescribed by Presidential Decree: <Amended by Act No. 11384, Mar. 21, 2012>
1. Schools falling under any of subparagraphs 1 through 4 of Article 2 of the Elementary and Secondary Education Act;
2. Special classes for the working youth and the middle and high schools affiliated with industrial enterprises under the provisions of Article 52 of the Elementary and Secondary Education Act;
3. Other schools recognized by the Superintendents of the Offices of Education as necessary.
 Article 5 (School Meal Services Committee, etc.)
(1) The Superintendent of each Office of Education shall establish a school meal services committee under his/her jurisdiction in order to deliberate on the following matters for school meal services:
1. Plans for school meal services under the provisions of Article 3 (2);
2. Subsidization of expenses for meal services under the provisions of Article 9;
3. Other matters for the operation of and support to the school meal services that are recognized by the Superintendent of the Office of Education as necessary.
(2) The matters necessary for the composition, operation, etc. of the school meal services committee under the provisions of paragraph (1) shall be determined by Presidential Decree.
(3) The Special Metropolitan City Mayor, Metropolitan City Mayor, Do Governor, Governor of a Special Self-Governing Province or the head of a Si/Gun/autonomous Gu may establish a deliberation committee on support of school meal services under his/her jurisdiction in order to deliberate on important matters on the support of school meal services under the provisions of Article 8 (4).
(4) The Governor of a Special Self-Governing Province or the head of a Si/Gun/autonomous Gu may establish and operate a school meal service support center under his/her jurisdiction in order to support the school meal services, such as the provision of excellent food materials, etc.
(5) Matters necessary for the composition and operation of the deliberation committee on support of school meal services under paragraph (3) and the establishment and operation of the school meal service support center under paragraph (4) shall be prescribed by ordinance of the relevant local government.
CHAPTER II CRITERIA, ETC. FOR SCHOOL MEAL SERVICE FACILITIES AND EQUIPMENT
 Article 6 (Meal Service Facilities and Equipment)
(1) Schools to execute school meal services shall be equipped with the facilities and equipment required for the school meal services; Provided, That where not less than two schools are adjoined, they may jointly have the facilities and equipment for the school meal services.
(2) Kinds of and criteria for the facilities and equipment under paragraph (1) shall be prescribed by Presidential Decree.
 Article 7 (Placement, etc. of Nutrition Teachers)
(1) Schools equipped with the facilities and equipment for school meal services under Article 6 shall place a nutrition teacher under Article 21 (2) of the Elementary and Secondary Education Act and a cook under Article 53 (1) of the Food Sanitation Act. <Amended by Act No. 9432, Feb. 6, 2009>
(2) The Superintendent of each Office of Education may place, under his/her jurisdiction, staff members with specialized knowledge in school meal services who shall have exclusive charge of the duties of school meal services.
 Article 8 (Bearing, etc. of Expenses)
(1) Expenses for meal services facilities and equipment necessary for executing school meal services shall be borne by the founder and operator of the relevant school, but the State or local governments may subsidize them.
(2) In principle, operating expenses for meal services shall be borne by the founder and operator of the relevant school, but some of such expenses may be borne by the protectors (referring to the person in parental authority, guardian and other persons liable to provide for students under any other Act; hereinafter the same shall apply), as prescribed by Presidential Decree.
(3) In principle, the food expenses for school meal services shall be borne by protectors.
(4) The Special Metropolitan City Mayor, Metropolitan City Mayor, Do Governor, Governor of a Special Self-Governing Province and the head of a Si/Gun/autonomous Gu may subsidize the expenses for meal services, such as food expenses, facility and equipment expenses, etc., for the improvement of meal service quality, such as the use, etc. of agricultural products of excellent quality for the school meal services, and for the expansion of meal service facilities and equipment.
 Article 9 (Subsidization of Expenses for Meal Services)
(1) The State or local governments may wholly or partially subsidize the expenses to be borne by protectors under Article 8.
(2) Where the expenses to be borne by protectors are subsidized under paragraph (1), any of the following students and pupils shall be preferentially provided with such subsidization: <Amended by Act No. 8655, Oct. 17, 2007; Act No. 10386, Jul 23, 2010>
1. Students and pupils who or whose protectors are persons eligible for assistance or persons belonging to the next higher stratum under Article 2 of the National Basic Living Security Act or persons subject to protection under Article 5 of the Single-Parent Family Support Act;
2. Students and pupils attending schools located in islands or remote areas under Article 2 of the Act on the Promotion of Education in Islands and Remote Areas, or schools in the areas corresponding thereto which are prescribed by Presidential Decree;
3. Students and pupils attending the schools located in the agricultural, mountain and fishing villages under subparagraph 4 of Article 3 of the Special Act on Quality Improvement of Life of Farmers and Fishers and Development Promotion of Agricultural and Fishing Villages, or the schools located in the areas prescribed by Presidential Decree which are corresponding thereto;
4. Other students and pupils recognized by Superintendents of the Offices of Education as necessary.
CHAPTER III MANAGEMENT AND OPERATION OF SCHOOL MEAL SERVICES
 Article 10 (Food Materials)
(1) Safe food materials of good quality shall be used for school meal services.
(2) Criteria for managing the quality of food materials and other matters necessary for food materials shall be prescribed by Ordinance of the Ministry of Education. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
 Article 11 (Nutrition Management)
(1) School meal services shall be provided with foods capable of fulfilling the nutrition required for growth and health of students and of providing helps to form correct diet and eating habits.
(2) Criteria for nutrition management of school meal services shall be prescribed by Ordinance of the Ministry of Education. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
 Article 12 (Management of Sanitation and Safety)
(1) School meal services shall be managed thoroughly in such sanitary and safe way as to have no mixing of dangerous materials in foods or no pollution of foods in whole processes, such as menu planning, purchase, inspection, keeping, washing, cooking and transport of food materials, distribution of meals, and washing, disinfecting, etc. of meal service utensils.
(2) Criteria for sanitation and safety of school meal services shall be prescribed by Ordinance of the Ministry of Education. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
 Article 13 (Guidance, etc. of Diet and Eating Habits)
School principals shall lead students and pupils to have correct diet and eating habits, improve the understanding of food production and consumption, and succeed and develop traditional food culture, and shall provide related information to protectors.
 Article 14 (Nutrition Consultation)
School principals shall conduct a nutrition consultation and required guidance, for students of low weight and with stagnant growth, anemia, overweight, and obesity, in order to correct the nutritive imbalance originated from diet and eating habits and prevent diseases in advance.
 Article 15 (Operation Mode of School Meal Services)
(1) A school principal shall directly manage and operate school meal services, but may require a person who meets specific requirements following deliberation by the school operation committee under Article 31 of the Elementary and Secondary Education Act to execute the affairs of school meal services by entrusting the person therewith: Provided, That he/she shall not entrust such person with the business of selection, purchase and inspection of food materials, with the exception of inevitable cases for the given conditions of school meal services.
(2) Where a compulsory education agency intends to entrust the business under paragraph (1), it shall obtain prior approval from the competent authority.
(3) The scope of business entrustment for school meal services under paragraph (1), the requirements to be met by school meal service providers, and other matters necessary for business entrustment shall be prescribed by Presidential Decree.
 Article 16 (Observance Matters for Quality and Safety)
(1) The principal of a school and related school staff member in charge of business related to school meal services (hereinafter referred to as "school staff member related to school meal services") and school meal service providers shall not use the food materials falling under any of the following subparagraphs for the quality and safety of school meal services: <Amended by Act No. 8354, Apr. 11, 2007; Act No. 9759, Jun. 9, 2009; Act No. 10885, Jul. 21, 2011>
1. Food materials stating in falsity the place of origin under Article 5 (1) of the Act on Origin Labeling of Agricultural and Fishery Products;
2. Food materials stating in falsity the indication of the genetically modified agricultural or fishery products under Article 56 of the Agricultural and Fishery Products Quality Control Act;
3. Food materials stating in falsity the classes of livestock products under Article 40 of the Livestock Industry Act;
4. Food materials stating in falsity the indication of standard products under Article 5 (2) of the Agricultural and Fishery Products Quality Control Act, the indication of quality certification under Article 14 (3) of the same Act, or the geographical indication under Article 34 (3) of the same Act.
(2) The principal of a school and a school staff member related to school meal services under his/her jurisdiction and school meal service providers shall abide by the following matters: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
1. Quality control criteria for food materials under Article 10 (2), nutrition management criteria under Article 11 (2) and sanitation and safety control criteria under Article 12 (2);
2. Other matters necessary for quality and safety of school meal services prescribed by Ordinance of the Ministry of Education.
(3) Where school meals contain allergenic food materials, the principal of a school, a school staff member related to school meal services under his/her jurisdiction, and school meal service providers shall notify students to whom such meals are provided and shall indicate such fact when providing school meals. <Newly Inserted by Act No. 11771, May 22, 2013>
(4) Matters relating to the notifications and indications under paragraph (3), such as notification of the types of allergenic food materials, etc., shall be prescribed by the Ordinance of the Ministry of Education. <Newly Inserted by Act No. 11771, May 22, 2013>
 Article 17 (Direct Use, etc. of Produced Goods)
The products obtained from crop raising, animal rearing and other various production activities in a school or the proceeds from sale of the said products may be directly used for the school meal services, notwithstanding the provisions of other Acts.
CHAPTER IV SUPPLEMENTARY PROVISIONS
 Article 18 (Evaluation of Operation of School Meal Services)
(1) The Minister of Education or Superintendent of the Office of Education may execute the evaluation of operation of school meal services for the substantiation and qualitative improvement of such services. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(2) The methods and criteria for evaluation under paragraph (1) and other matters necessary for evaluation of the operation of school meal services shall be prescribed by Presidential Decree.
 Article 19 (Entry, Inspection, Removal, etc.)
(1) When the Minister of Education or Superintendent of the Office of Education recognizes as necessary, he/she may require public officials in charge of food sanitation or school meal services to enter the facilities related to school meal services to inspect or peruse the foods, facilities, documents, operative situations, etc. or to remove without compensation the minimum quantity of foods required for inspection. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(2) Public officials intending to enter, inspect, peruse or remove under paragraph (1) shall carry a certificate indicating his/her powers and produce it to the persons concerned.
(3) When Article 16 (2) 1, 2, or paragraph (3) of the same Article is violated as a result of an inspection, etc. under paragraph (1), the Minister of Education or the Superintendent of the Office of Education concerned may order the school principal or school meal service provider concerned to make the correction thereof. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 11771, May 22, 2013>
 Article 20 (Delegation of Authority)
The authority of the Minister of Education or Superintendents of the Offices of Education under this Act may be partially delegated to the Superintendents of the Offices of Education or the heads of the district offices of education, as prescribed by Presidential Decree. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
 Article 21 (Request for Administrative Disposition, etc.)
(1) Where it is found that a person who has obtained permission, designation or authentication, or filed a report, under the Food Sanitation Act, the Agricultural and Fishery Products Quality Control Act, the Livestock Industry Act, or the Livestock Products Sanitary Control Act has violated any of the relevant statutes as a result of inspections, etc. under Article 19, the Minister of Education or the Superintendent of the Office of Education concerned may request the head of a related administrative agency to take necessary measures, such as administrative dispositions, etc. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 10310, May 25, 2010; Act No. 10885, Jul. 21, 2011; Act No. 11690, Mar. 23, 2013>
(2) The head of a related administrative agency requested under paragraph (1) shall comply with such request unless he/she has any special reasons otherwise, and notify the Minister of Education or the relevant Superintendent of the Office of Education of the results of relevant measure. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
 Article 22 (Disciplinary Action)
A person holding a right to request a disciplinary resolution shall request the disciplinary committee governing the relevant disciplinary case to take disciplinary action against any of the following persons among the principals or staff of schools under his/her jurisdiction, in order to secure the adequate operation and safety of school meal services: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
1. A person who has caused an accident on sanitation or safety, such as food poisoning, intentionally or by negligence;
2. A person who has failed to terminate a contract without justifiable grounds, notwithstanding the occurrence of a ground for contract termination on the contract related to school meal services;
3. A person who has failed to comply with a correction order, without justifiable grounds, which is issued by the Minister of Education or the Superintendent of the Office of Education concerned under Article 19 (3);
4. A person for whom corruption has been exposed in relation to school meal services.
CHAPTER V PENALTY PROVISIONS
 Article 23 (Penalty Provisions)
(1) A school meal service provider who violates Article 16 (1) 1 or 2 shall be punished by imprisonment with labor for not more than seven years or by a fine not exceeding 100 million won. <Amended by Act No. 8914, Mar. 21, 2008>
(2) A school meal service provider who violates Article 16 (1) 3 shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding 50 million won. <Amended by Act No. 8914, Mar. 21, 2008>
(3) Any of the following persons shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won:
1. A school meal service provider who violates Article 16 (1) 4;
2. A person who refuses, obstructs or avoids, without justifiable grounds, the entry, inspection, perusal or removal under Article 19 (1).
 Article 24 (Joint Penalty Provisions)
Where a representative of a corporation, or an agent, employee or any other servant of a corporation or individual commits an offence under Article 23 in connection with the business of the corporation or individual, in addition to the punishment of such offender, the corporation or individual shall be punished by a fine under each relevant Article: Provided, That the same shall not apply where such corporation or individual has not been negligent in giving due attention and supervision concerning the relevant duties to prevent such offence.
[This Article Wholly Amended by Act No. 10070, Mar. 17, 2009]
 Article 25 (Administrative Fine)
(1) A school meal service provider who fails to comply with a correction order, without justifiable grounds, which is issued under Article 19 (3) for the violation of Article 16 (2) 1 shall be punished by an administrative fine not exceeding five million won.
(2) A school meal service provider who fails to comply with a correction order, without justifiable grounds, which is issued under Article 19 (3) for the violation of Article 16 (2) 2 or paragraph (3) of the same Article shall be punished by an administrative fine not exceeding three million won. <Amended by Act No. 11771, May 22, 2013>
(3) Administrative fines under paragraphs (1) and (2) shall be imposed and collected by the Minister of Education or Superintendent of the Office of Education, as prescribed by Presidential Decree. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(4) through (6) Deleted. <by Act No. 10070, Mar. 17, 2010>
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures on Schools Executing School Meal Services)
Schools executing school meal services recognized by the Minister of Education and Human Resources Development as necessary under the previous provisions as at the time this Act enters into force shall be deemed to execute them under the recognition of the Superintendent of the Office of Education concerned pursuant to the amended provisions of subparagraph 3 of Article 4.
Article 3 (Transitional Measures on Placement of Staff Members in Exclusive Charge of School Meal Services)
The staff members placed in school meal service facilities for exclusive charge of school meal services under the previous provisions as at the time this Act enters into force may serve until the time the nutrition teacher is placed under the amended provisions of Article 7 (1).
Article 4 (Transitional Measures on Entrusted Meal Services)
Schools executing the entrusted meal services pursuant to the provisions of Article 10 of the former School Meals Act as at the time this Act enters into force may continue to provide such services for three years from the date this Act enters into force.
Article 5 (Relationship with other Statutes)
Where other statutes cite the former School Meals Act or the provisions thereof as at the time this Act enters into force and this Act includes any provisions corresponding thereto, this Act or the corresponding provisions shall be deemed to be cited in lieu of the former School Meals Act or the provisions thereof.
ADDENDA <Act No. 8354, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 9 Omitted.
ADDENDA <Act No. 8655, Oct. 17, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
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 Omitted.
ADDENDA <Act No. 8914, Mar. 21, 2008>
(1) (Enforcement Date) This Act shall enter into force one year after the date of its promulgation.
(2) (Transitional Measure concerning Penalty Provisions) In applying penalty provisions against the acts committed before this Act enters into force shall governed by the former provisions.
ADDENDA <Act No. 9432, Feb. 6, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 9759, Jun. 9, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 10070, Mar. 17, 2010>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 10310, May 25, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 14 Omitted.
ADDENDA <Act No. 10386, Jul. 23, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 8 Omitted.
ADDENDA <Act No. 10885, Jul. 21, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 20 Omitted.
ADDENDA <Act No. 11384, Mar. 21, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
(1) This Act shall enter into force on the date of its promulgation.
(2) Omitted.
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 11771, May 22, 2013>
This Act shall enter into force six months after the date of its promulgation.