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SPECIAL ACT ON THE IMPROVEMENT OF TEACHERS’ STATUS AND THE PROTECTION OF THEIR EDUCATIONAL ACTIVITIES

Act No. 13936, Feb. 3, 2016

 Article 1 (Purpose)
The purpose of this Act is to improve the status of teachers and promote the development of education by treating teachers with honor, giving better treatment to teachers and consolidating the guarantee of their status and the protection of their educational activities. <Amended by Act No. 13936, Feb. 3, 2016>
[This Article Wholly Amended by Act No. 8890, Mar. 14, 2008]
 Article 2 (Honorable Treatment of Teachers)
(1) The State, local governments and other public organizations shall make efforts to create such environment that teachers may be engaged in educational activities in high social respect and with great pride and a sense of duty.
(2) The State, local governments and other public organizations shall pay special attention to ensure that the authority of teachers are respected in carrying out education and guidance for students.
(3) The State, local governments, and other public organizations shall, in any event, etc., held under their auspices, treat teachers with honor. <Amended by Act No. 13936, Feb. 3, 2016>
(4) Except as otherwise expressly provided for in paragraphs (1) through (3), matters necessary for honorable treatment of teachers shall be prescribed by Presidential Decree. <Newly Inserted by Act No. 13936, Feb. 3, 2016>
[This Article Wholly Amended by Act No. 8890, Mar. 14, 2008]
 Article 3 (Favorable Treatment of Teachers in Remuneration)
(1) The State and local governments shall specially treat teachers with favorable remuneration.
(2) Any educational foundations and private school operators prescribed in Article 2 of the Private School Act shall maintain the remunerations of teachers of the schools established and operated by them on the same level with those of teachers who are public officials.
[This Article Wholly Amended by Act No. 8890, Mar. 14, 2008]
 Article 4 (Teachers’ Privileges from Arrest)
No teacher shall be arrested in a school without consent of the head of the school to which he/she belongs, except cases where he/she is in flagrante delicto.
[This Article Wholly Amended by Act No. 8890, Mar. 14, 2008]
 Article 5 (Protection from Accidents in Schools)
(1) For the purpose of ensuring stable performance of teachers’ duties by protecting teachers and students from accidents caused in the course of the installation and management of education facilities and educational activities in each school, the School Safety Management Mutual Aid Association shall be established and operated.
(2) Matters concerning the School Safety Management Mutual Aid Association shall be separately determined by other Acts.
[This Article Wholly Amended by Act No. 8890, Mar. 14, 2008]
 Article 6 (Guarantee, etc. of Teachers’ Status)
(1) No teacher shall be retired temporarily, demoted or dismissed from office against his/her will without any conviction, disciplinary action or legal grounds.
(2) No teacher shall receive any disciplinary action, etc., any disadvantage on his/her status or any discrimination of his/her duty conditions without any lawful grounds due to the acts of reporting or lodging an information on corrupted acts occurred in relation with the operation of relevant school, or the acts corresponding thereto and irrational facts, etc. to relevant administrative agencies, criminal investigation agencies, etc.
[This Article Wholly Amended by Act No. 8890, Mar. 14, 2008]
 Article 7 (Establishment of Teacher’s Appeal Examination Committee)
(1) In order to examine appeals from teachers for the disciplinary measures taken to them that are unfavorable to them against their will (including any measure taken to reject the reappointment of any teacher under Article 11-4 (4) of the Educational Officials Act and Article 53-2 (6) of the Private School Act; hereinafter the same shall apply), the Teacher’s Appeal Examination Committee (hereinafter referred to as the "Examination Committee") shall be established in the Ministry of Education. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13819, Jan. 27, 2016>
(2) The Examination Committee shall be composed of at least seven but not more than nine members including one chairperson, and the chairperson and the members the number of which is prescribed by Presidential Decree shall work full-time.
(3) Matters necessary for the organization of the Examination Committee shall be determined by Presidential Decree.
[This Article Wholly Amended by Act No. 8890, Mar. 14, 2008]
 Article 8 (Qualification and Appointment of Member)
(1) Members of the Examination Committee (including the chairperson; hereinafter the same shall apply) shall be appointed by the President upon the recommendation of the Minister of Education from among any of the following persons: <Amended by Act No. 11690, Mar. 23, 2013>
1. Persons who hold or have held the post of judge, public prosecutor or lawyer for at least five years;
2. Persons who are or have been teachers, and whose educational career is at least ten years;
3. Persons who are or have been public officials of Grade Ⅲ or above or public officials in general service belonging to the Senior Civil Service in the educational administrative agencies;
4. Executive officers of juristic persons who establish and operate private schools, or operators of private schools;
5. Persons who are recommended by the school teachers’ organization established in the central government under Article 15 (1) of the Framework Act on Education.
(2) The terms of office for the members of the Examination Committee shall be three years, and they may be reappointed only once.
(3) The chairperson and full-time members of the Examination Committee shall not concurrently hold other office prescribed by Presidential Decree.
(4) With respect to the status of the chairperson and full-time members of the Examination Committee, Article 11 of the State Public Officials Act shall be applicable mutatis mutandis.
[This Article Wholly Amended by Act No. 8890, Mar. 14, 2008]
 Article 9 (Request, etc. for Examination of Appeal)
(1) If a teacher is dissatisfied with a disciplinary action or other unfavorable measures against his/her will, he/she may request the Examination Committee to examine his/her appeal within 30 days after he/she is informed of such action or measures. In such cases, the teacher requesting the examination of his/her appeal may assign a lawyer as his/her procurator.
(2) If a teacher is removed, discharged or dismissed from his/her office against his/her will, a successor shall not be appointed until the Examination Committee makes a final decision on the teacher's appeal: Provided, That if no request for the examination of an appeal is made within the period referred to in paragraph (1), a successor may be appointed at the expiration of the period.
[This Article Wholly Amended by Act No. 8890, Mar. 14, 2008]
 Article 10 (Decision on Examination of Appeal)
(1) The Examination Committee shall make a decision on a request for the examination of any appeal within 60 days after receiving it: Provided, That if the Examination Committee deems it inevitable, it may extend by making a decision the period by 30 days.
(2) The decision of the Examination Committee shall be binding upon the person who is entitled to take the action.
(3) Any teacher and any relevant party, such as an educational foundation, private school operator, etc. prescribed in Article 2 of the Private School Act may each file a lawsuit against the decision that is made by the Examination Committee pursuant to paragraph (1) as prescribed by the Administrative Litigation Act, within 90 days after a notice of decision is served on him/her.
(4) Necessary matters concerning procedures for the examination of appeal, including request, examination, and decision shall be determined by Presidential Decree.
[This Article Wholly Amended by Act No. 8890, Mar. 14, 2008]
 Article 11 (Negotiation and Consultation for Improvement of Teachers’ Status)
(1) The school teachers’ organization under Article 15 (1) of the Framework Act on Education shall negotiate and consult with the Superintendent of Education of the Special Metropolitan City, each Metropolitan City, Special Self-Governing City/Do, or Special Self-Governing Province (hereinafter referred to as "City/Do") or with the Minister of Education in order to raise teachers' expertise and improve their status. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13936, Feb. 3, 2016>
(2) The Superintendent of Education of each City/Do (hereinafter referred to as "Superintendent of Education") or the Minister of Education shall engage in the negotiations and consultation under paragraph (1) in good faith and shall endeavor to comply with agreements. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13936, Feb. 3, 2016>
[This Article Wholly Amended by Act No. 8890, Mar. 14, 2008]
 Article 12 (Subject Matters of Negotiation and Consultation)
Matters concerning the improvement of treatment, conditions of employment, welfare programs and extension of specialty of teachers shall be subject to the negotiation and consultation under Article 11 (1): Provided, That the curricula and matters concerning the management and operation of educational institutions and administrative agencies may not be subject to any negotiation or consultation.
[This Article Wholly Amended by Act No. 8890, Mar. 14, 2008]
 Article 13 (Establishment of Teachers' Status Improvement Council)
(1) In order to deliberate on issues subject to negotiation or consultation at the request of either party in the course of the negotiation or consultation under Article 11 (1), the Teachers' Status Improvement Council shall be established in the Ministry of Education and in each City/Do respectively; and the Council in the Ministry of Education shall be composed of not more than seven members, while the Council in each City/Do shall be composed of not more than five members: Provided, That a half of all members, excluding the chairperson, shall be recommended by each school teachers' organization. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13936, Feb. 3, 2016>
(2) Matters necessary for the operation of Teachers' Status Improvement Councils and the qualification and appointment of their members shall be determined by Presidential Decree.
[This Article Wholly Amended by Act No. 8890, Mar. 14, 2008]
 Article 14 (Protection of Educational Activities of Teachers)
(1) The State, local governments, and other public organizations shall cooperate with teachers so that they can perform educational activities smoothly.
(2) In order to protect teachers' educational activities, the State and local governments shall formulate and implement measures for the following matters:
1. Investigation and control of violations of educational activities under Article 15 (1) and protection of teachers from such violations;
2. Mediation in disputes arising in connection with educational activities and legal advice to teachers;
3. Investigation and management of complaints against teachers;
4. Other matters deemed necessary for the protection of teachers' educational activities.
(3) Specific details of the measures under paragraph (2) and matters necessary for formulating and implementing such measures shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 13936, Feb. 3, 2016]
 Article 15 (Measures against Violation of Educational Activities)
(1) When the head of a kindergarten, as defined by the Early Childhood Education Act, or the head of a school, as defined by the Elementary and Secondary Education Act, (hereinafter referred to as "high or any lower-level school") becomes aware that a student of the kindergarten or school, the guardian of a student, or any person, violated an educational activity by perpetrating any of the violations specified by Presidential Decree (hereinafter referred to as "violation of an educational activity"), such as violence and insult against a teacher while the teacher conducted such educational activity, he/she shall take measures necessary for curing the teacher injured by the violation of the educational activity and restoring the teacher's authority (hereinafter referred to as "protective measures") immediately.
(2) After taking protective measures under paragraph (1), the head of a high or any lower-level school shall without delay report the violation of the educational activity in detail and the results of protective measures to the relevant advisory and supervisory authority specified in either of the following subparagraphs (hereinafter referred to as "relevant authority"):
1. A national high or lower-level school: The Minister of Education;
2. A public or private high or lower-level school: The Superintendent of Education.
[This Article Newly Inserted by Act No. 13936, Feb. 3, 2016]
 Article 16 (Prohibition, etc. of Whitewash or Concealment of Violations of Educational Activities)
(1) When the head of any high or lower-level school makes a report pursuant to Article 15 (2), he/she shall not whitewash or conceal the details of a violation of an educational activity.
(2) The relevant authority shall not use the information reported under Article 15 (2) as negative information for the purpose of evaluating the performance, etc. of the involved school or the head of the involved school.
[This Article Newly Inserted by Act No. 13936, Feb. 3, 2016]
 Article 17 (Designation, etc. of Support Center for Curing Teachers)
(1) In order to assist teachers injured by a violation of an educational activity in curing their mental injuries, the relevant authority may designate an institution or organization that meets the requirements prescribed by Presidential Decree with regard to specialized human resources, facilities, etc. as a support center for curing teachers.
(2) The relevant authority may provide subsidy to cover all or part of the expenses incurred in operating a support center for curing teachers under paragraph (1), within budgetary limits.
[This Article Newly Inserted by Act No. 13936, Feb. 3, 2016]
 Article 18 (Measures against Students Violating Educational Activities)
(1) When a student enrolled in any high or lower-level school violates an educational activity, the head of the school may have the student attend a special educational program and receive psychological treatment in the institution specified by the Superintendent of Education under Article 17 (3) of the Act on the Prevention of and Countermeasures against Violence in Schools, as prescribed by Presidential Decree.
(2) The relevant authority shall require the guardian of a student to participate in the special educational program or psychological treatment under paragraph (1).
[This Article Newly Inserted by Act No. 13936, Feb. 3, 2016]
 Article 19 (Delegation of Authority)
The Minister of Education may partially delegate his/her authority under this Act to the Superintendents of Education, as prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 13936, Feb. 3, 2016]
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures)
Any case in which a petition of, or review on, a teacher is pending under the Educational Officials Act or the Private School Act as at the time this Act enters into force, shall be subject to the previous provisions.
Article 3 Omitted.
ADDENDA <Act No. 5437, Dec. 13, 1997>
Article 1 (Enforcement Date)
This Act shall enter into force on March 1, 1998.
Articles 2 through 4 Omitted.
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 Omitted.
ADDENDA <Act No. 7354, Jan. 27, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Change in Name)
The Appeal Committee for Teachers as at the time this Act enters into force shall be deemed the Teacher Appeal Examination Committee set up under this Act.
Article 3 Omitted.
Article 4 (Relationship with Other Acts following Change in Name)
Where "Appeal Commission for Teachers" has been quoted in other statutes as at the time this Act enters into force, it shall be deemed "Teacher Appeal Examination Committee".
ADDENDA <Act No. 7796, Dec. 29, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2006.
Articles 2 through 6 Omitted.
ADDENDUM <Act No. 8019, Oct. 4, 2006>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 8414, May 11, 2007>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 8852, Feb. 9, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 8890, Mar. 14, 2008>
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 7 (2) shall enter into force three months after the date of its promulgation.
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. 5454, Dec. 13, 1997>
This Act shall enter into force on January 1, 1998. (Proviso Omitted.)
ADDENDA <Act No. 13819, Jan. 27, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Act No. 13936, Feb. 3, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Measures against Violations of Educational Activities, Special Educational Programs, etc.)
The amended provisions of Articles 15 and 18 shall apply to the cases where a student, the guardian of a student, or any person violates an educational activity after this Act enters into force.
Article 3 Omitted.
Article 4 (Relationship with Other Statutes)
A citation of the former Special Act on the Improvement of Teachers’ Status by any other Act or subordinate statute in force at the time this Act enters into force shall be deemed a citation of this Act or the relevant provision of this Act in lieu of the former Special Act on the Improvement of Teachers’ Status or any provision thereof, if such relevant provision exists in this Act.