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ENFORCEMENT DECREE OF THE SCHOOL MEALS ACT

Wholly Amended by Presidential Decree No. 19837, Jan. 19, 2007

Amended by Presidential Decree No. 20740, Feb. 29, 2008

Presidential Decree No. 21328, Feb. 25, 2009

Presidential Decree No. 21676, Aug. 6, 2009

Presidential Decree No. 22233, jun. 29, 2010

Presidential Decree No. 22625, Jan. 17, 2011

Presidential Decree No. 22843, Apr. 5, 2011

Presidential Decree No. 24423, Mar. 23, 2013

Presidential Decree No. 24876, Nov. 22, 2013

 Article 1 (Purpose)
The purpose of this Decree is to regulate the matters delegated by the School Meals Act and those necessary for its enforcement.
 Article 2 (Principle of Operating School Meal Service)
(1) In principle, school meal services shall provide staple foods, side dishes, etc. that meet the nutrition management standards pursuant to Article 11 (2) of the School Meals Act (hereinafter referred to as the "Act") at lunchtime (supper time for special classes and schools affiliated with industrial enterprises for working juveniles pursuant to subparagraph 2 of Article 4 of the Act) of school days.
(2) Matters in the following subparagraphs regarding school meal services shall be determined by the principal of a school after deliberation by or consultation with a school operation committee pursuant to Article 31 of the Elementary and Secondary Education Act (hereinafter referred to as "school operation committee"): <Amended by Presidential Decree No. 21328, Feb. 25, 2009>
1. Matters concerning the method of providing meal services, object and frequency of meal services, meal service time, detailed nutrition standards, etc.;
2. Matters regarding the operation plan, budget and settlement of accounts of school meal services;
3. Matters regarding the place of origin, quality levels, and other detailed quality standards of food materials and approval of use of finished products;
4. Matters regarding the method of supplying food materials, etc. and the standards for the selection of suppliers;
5. Matters regarding decision on expenditure and meal charge borne by protectors;
6. Matters regarding selection, etc. of the object of assistance in meal charges;
7. Matters regarding participation and assistance of protectors in meal service activities;
8. Matters on the execution of school milk services;
9. Other matters the principal of a school recognizes as necessary for the operation of school meal services.
 Article 3 (Report, etc. on Start of School Meal Services)
(1) The principal of a school who intends to provide school meal services pursuant to Article 4 of the Act shall report the start of school meal services to the Minister of Education or the Superintendent of the relevant Office of Education, as stipulated by Ordinance of the Ministry of Education after being equipped with facilities and equipment for meal services under Article 6 of the Act: Provided, That where the meal service is executed, etc. by transporting foods that have been made and processed outside the school because the facilities and equipment for meal services are not equipped in the school, the principal of the school may report the start of school meal services without being equipped with the facilities and equipments for meal services. <Amended by Presidential Decree No. 20740, Feb. 29, 2008; Presidential Decree No. 24423, Mar. 23, 2013>
(2) Where important matters, such as the methods of providing meal services, renovation, enlargement, rebuilding, suspension of operation, shutdown, etc. of facilities and equipment for meal service, have changed after the report on the start of school meal services was made in accordance with paragraph (1), the details thereof shall be reported to the Minister of Education or the Superintendent of the relevant Office of Education. <Amended by Presidential Decree No. 20740, Feb. 29, 2008; Presidential Decree No. 24423, Mar. 23, 2013>
 Article 4 (Formulation, etc. of Plan for Operation of School Meal Services)
(1) The principal of a school shall formulate a plan for the operation of school meal services after deliberation by or consultation with the school operation committee before the start of each school year with the aim of the management and operation of school meal services.
(2) The plan for the operation of school meal services shall include the matters necessary for the operation and management of school meal services, such as the plan for meal service, management of nutrition, sanitation, food materials, work and budget, guidance on dietary life, etc.
(3) The principal of a school shall report the state of performance of operation plan to the school operation committee at least once a year.
 Article 5 (Formulation of School Meal Services Committee)
(1) Every school meal services committee pursuant to Article 5 (1) of the Act shall consist of 15 or less members including a chairperson.
(2) The deputy superintendent (referring to the first deputy superintendent in cases where there are two or more deputy superintendents) of the Office of Education in each Special Metropolitan City, Metropolitan City, Do, or Special Self-Governing Province (hereinafter referred to as "Office of Education in City/Do") shall be the chairperson (hereinafter referred to as "chairperson") of each school meal services committee.
(3) Members shall be appointed or entrusted by the Superintendent of each Office of Education from among the directors general in charge of school meal services who belong to the Office of Education in City/Do, directors general in charge of assistance to school meal services and directors general in charge of health and sanitation who belong to the Special Metropolitan City, Metropolitan City, Do, or Special Self-Governing Province, principals of schools, students' parents, specialists in the field of school meal services, persons recommended by citizens groups pursuant to Article 2 of the Assistance for Non-Profit, Non-Governmental Organizations Act and other persons recognized as necessary by the Superintendent of the Office of Education.
(4) Every school meal services committee shall have one secretary, who shall be appointed from among the public officials of the Office of Education in City/Do.
 Article 6 (Operation of School Meal Services Committee)
(1) The chairperson shall take full control of the duties of the school meal services committee, and shall represent the school meal services committee.
(2) The chairperson shall call meetings of the school meal services committee and shall preside over the meetings.
(3) The meetings of the school meal services committee shall start with the attendance of a majority of members on the roll, and resolutions shall pass with approval of a majority of members present.
(4) The secretary shall perform the duties of the school meal services committee under the order of the chairperson.
(5) The term of office for an entrusted member shall be two years, and he/she may be re-entrusted for one more time only.
(6) Other matters necessary for the operation of the school meal services committee shall be determined by the chairperson through resolution by the school meal services committee.
 Article 7 (Kinds of and Standards for Facilities and Equipment)
(1) The kinds of and standards for facilities and equipment with which school meal services shall be equipped pursuant to Article 6 (2) of the Act shall be as follows:
1. Kitchen: It shall be a facility that does not obstruct students' study as it is separated or isolated from classrooms, however, it shall be in a place convenient for transporting food materials and for distributing foods, and shall be equipped with efficient and safe cooking appliances, refrigerating and freezing facility, cleaning and sterilizing facility, etc.;
2. Food storing room: It shall be easy to ventilate and prevent moisture, and shall be in a place appropriate to store foods and food materials in a sanitary way, and shall be equipped with mothproof and rat preventing facility;
3. Meal service management room: It shall be placed near the kitchen and shall be equipped with office equipment, such as computer, etc.;
4. Amenity: It shall be placed near the kitchen and shall be equipped with necessary wardrobes, shower facilities, etc. in consideration of the number of cooking staff.
(2) The detailed standards for the facilities and subsidiary facilities thereof with which facilities pursuant to paragraph (1) are to be equipped shall be stipulated by Ordinance of the Ministry of Education. <Amended by Presidential Decree No. 20740, Feb. 29, 2008; Presidential Decree No. 24423, Mar. 23, 2013>
 Article 8 (Duties of Nutrition Teachers)
A nutrition teacher pursuant to Article 7 (1) of the Act shall assist the principal of a school and carry out the following duties:
1. Menu planning, selection and inspection of food materials;
2. Management of sanitation, safety and work, and inspection of foods;
3. Guidance on dietary life, provision of information thereon and consultation on nutrition;
4. Guidance and supervision of kitchen staff;
5. Other matters regarding school meal services.
 Article 9 (Bearing of Operating Cost of Meal Services)
(1) The operating cost of meal services pursuant to Article 8 (2) of the Act shall be as follows:
1. Maintenance cost of the facility and equipment for meal service;
2. Labor cost of staff;
3. Expenses, such as fuel cost and cost of consumption goods.
(2) Part of the cost pursuant to paragraph (1) 2 and 3 may be borne by protectors after deliberation by or consultation with the school operation committee.
(3) The founder and operator of a school shall endeavor to reduce the burden of protectors pursuant to paragraph (2).
 Article 10 (Standards, etc. for Subsidization in Meal Charge)
(1) Where the expenses to be borne by protectors pursuant to Article 9 (1) of the Act are subsidized, the amount and object of such subsidization shall be determined by the Superintendent of the relevant Office of Education after deliberation by the school meal services committee.
(2) "Schools in the areas prescribed by Presidential Decree" in Article 9 (2) 2 and 3 of the Act means the following schools: <Amended by Presidential Decree No. 22625, Jan. 17, 2011>
1. Article 9 (2) 2 of the Act: A school located in an area equivalent to the island and remote area pursuant to Article 2 of the Act on the Promotion of Education in Islands and Remote Areas, which is recognized by the Superintendent of the relevant Office of Education that 70/100 of parents of students are placed in a situation similar to that of the parents of students in islands and remote areas;
2. Article 9 (2) 3 of the Act: A school located in an area equivalent to the agricultural or fishery area pursuant to subparagraph 1 of Article 3 of the Special Act on Quality Improvement of Life of Farmers and Fishers and Development Promotion of Agricultural and Fishing Villages, which is recognized by the Superintendent of the relevant Office of Education that 70/100 of parents of students are placed in a situation similar to that of the parents of students in agricultural or fishery areas.
 Article 11 (Extent, etc. of Entrustment of Duties)
(1) "Inevitable cases for the given conditions of school meal services" in Article 15 (1) of the Act means the following cases:
1. Where the facility for school meal services is not prepared due to the spatial, financial grounds, etc.;
2. Where it is difficult for the principal of a school to directly manage and control school meal services for a long time due to relocation, merger, abolition, etc. of the school;
3. Where it is inevitable to entrust school meal services, which is determined by the Superintendent of the relevant Office of Education after deliberation by the school meal services committee.
(2) The requirements to be met by school meal service providers pursuant to Article 15 (3) of the Act shall be as follows: <Amended by Presidential Decree No. 21676, Aug. 6, 2009>
1. Where part of the duties, such as cooking, transporting, distribution of foods, etc. in the course of school meal services pursuant to Article 12 (1) of the Act is entrusted to school meal service providers: They shall report entrusted food service business pursuant to subparagraph 8 (e) of Article 21 of the Enforcement Decree of the Food Sanitation Act;
2. Where all of the processes of school meal services pursuant to Article 12 (1) of the Act is entrusted to school meal service providers:
(a) Cases of providing meal services by transporting foods manufactured and processed outside schools: They shall report food manufacturing and processing business pursuant to subparagraph 1 of Article 21 of the Enforcement Decree of the Food Sanitation Act;
(b) Cases of operating facilities for school meal services by entrustment: They shall report entrusted food service business pursuant to subparagraph 8 (e) of Article 21 of the Enforcement Decree of the Food Sanitation Act.
(3) Where the principal of a school intends to entrust the duties of school meal services pursuant to Article 15 (1) of the Act, he/she shall entrust a school meal service provider who employs a person having the license necessary to report institutional food service pursuant to Article 88 of the Food Sanitation Act. <Amended by Presidential Decree No. 21676, Aug. 6, 2009>
 Article 12 (Method of Contracting Entrustment, etc. of Duties)
Relevant provisions of the Act on Contracts to Which the State is a Party and its Decree, or of the Act on Contracts to Which a Local Government is a Party and its Decree shall apply or apply mutatis mutandis to contracts on the entrustment of school meal services pursuant to Article 15 of the Act.
 Article 13 (Methods and Standards for Assessment of Operations of School Meal Service)
(1) The Minister of Education or the Superintendent of the relevant Office of Education may organize and operate an assessment committee in order to effectively execute the assessment of operations of school meal services pursuant to Article 18 (1) of the Act. <Amended by Presidential Decree No. 20740, Feb. 29, 2008; Presidential Decree No. 24423, Mar. 23, 2013>
(2) The standards for the assessment of operations of school meal services pursuant to Article 18 (2) of the Act shall be as follows:
1. Operation and management of meal services, such as sanitation, nutrition, management, etc. of school meal services;
2. Guidance on students' diet and consultation on nutrition;
3. User satisfaction on school meal services;
4. Drawing up and operation of budget of school meal services;
5. Other matters recognized as necessary for assessment standards.
 Article 14 (Facilities Subject to Entry, Inspection, Collection, etc.)
Facilities relating to school meal services pursuant to Article 19 (1) of the Act shall be as follows:
1. Facilities for school meal services installed within a school;
2. Manufacturing and processing facilities of the business that supplies food materials or manufactured and processed foods for school meal services.
 Article 15 (Education of Relevant Public Officials)
The Superintendent of each Office of Education may execute education to elevate the expertise in inspection and quality of public officials pursuant to Article 19 of the Act.
 Article 16 (Designation and Operation of Meal Service Research Schools)
The Superintendent of each Office of Education may designate and operate a research school or model school of meal services for the improvement and development of educational effect of school meal services.
 Article 17 (Delegation of Authority)
Pursuant to Article 20 of the Act, the Superintendent of each Office of Education may delegate the authority to enter, inspect, collect, etc. pursuant to Article 19 of the Act, to request for administrative disposition, etc. pursuant to Article 21 of the Act, to impose and collect administrative fines pursuant to Article 25 of the Act to the head of the relevant district office of education, as prescribed by municipal ordinances. <Amended by Presidential Decree No. 22233, Jun. 29, 2010>
 Article 18 (Criteria for Imposition of Administrative Fines)
Criteria for imposition of administrative fines under Article 25 (1) and (2) of the Act shall be as set forth in the attached Table.
[This Article Wholly Amended by Presidential Decree No. 22843, Apr. 5, 2011]
ADDENDA
(1) (Enforcement Date) This Decree shall enter into force on January 20, 2007.
(2) (Transitional Measures concerning Report, etc. on Start of School Meal Services) The principal of a school who executes school meal services as at the time this Decree enters into force shall report the start of school meal services pursuant to Article 3 to the Minister of Education and Human Resources Development or the Superintendent of the relevant Office of Education within six months after this Decree enters into force.
(3) (Transitional Measures concerning Posting Staff Exclusively Responsible for School Meal Service) Matters regarding the joint posting of staff members responsible for school meal services who have been posted at the facility of school meal services pursuant to the former provisions as at the time this Decree enters into force shall be governed by the former provisions.
(4) (Relationship with Other Statutes) Where the Enforcement Decree of the School Meals Act and the provision thereof is cited in other statutes as at the time this Decree enters into force, this Decree or the relevant provision of this Decree shall be deemed to have been cited in place of the former provision when there is a provision corresponding thereto in this Decree.
ADDENDA <Presidential Decree No. 20740, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 7 Omitted.
ADDENDUM <Presidential Decree No. 21328, Feb. 25, 2009>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 21676, Aug. 6, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on August 7, 2009. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDUM <Presidential Decree No. 22233, Jun. 29, 2010>
This Decree shall enter into force on September 1, 2010.
ADDENDA <Presidential Decree No. 22625, Jan. 17, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 24, 2011.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 22843, Apr. 5, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Administrative Fines)
In the application of the criteria for imposition of administrative fines to any offenses that are committed prior to the enforcement of this Decree, the previous provisions shall prevail, notwithstanding the amended provisions of the attached Table.
ADDENDA <Presidential Decree No. 24423, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDUM <Presidential Decree No. 24876, Nov. 22, 2013>
This Decree shall enter into force on January 23, 2013.