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ENFORCEMENT DECREE OF THE ACT ON THE ESTABLISHMENT AND OPERATION OF PRIVATE TEACHING INSTITUTES AND EXTRACURRICULAR LESSONS

Presidential Decree No. 17296, Jul. 7, 2001

Amended by Presidential Decree No. 18409, jun. 5, 2004

Presidential Decree No. 19717, Oct. 27, 2006

Presidential Decree No. 19953, Mar. 23, 2007

Presidential Decree No. 20003, Apr. 12, 2007

Presidential Decree No. 20740, Feb. 29, 2008

Presidential Decree No. 22840, Apr. 5, 2011

Presidential Decree No. 23250, Oct. 25, 2011

Presidential Decree No. 24086, Sep. 5, 2012

Presidential Decree No. 24102, Sep. 14, 2012

Presidential Decree No. 24423, Mar. 23, 2013

Presidential Decree No. 25050, Dec. 30, 2013

Presidential Decree No. 25375, jun. 11, 2014

Presidential Decree No. 25840, Dec. 9, 2014

Presidential Decree No. 26922, Jan. 22, 2016

Presidential Decree No. 27056, Mar. 25, 2016

Presidential Decree No. 27612, Nov. 29, 2016

Presidential Decree No. 27830, Feb. 3, 2017

Presidential Decree No. 27938, Mar. 20, 2017

 Article 1 (Purpose)
The purpose of this Decree is to provide for matters delegated by the Act on the Establishment and Operation of Private Teaching Institutes and Extracurricular Lessons and matters necessary for the enforcement thereof.
[This Article Wholly Amended by Presidential Decree No. 23250, Oct. 25, 2011]
 Article 2 (Definitions, etc.)
(1) The terms used in this Decree shall be defined as follows:
1. The term "category" means a set of curricula which are similar to or connected with each other;
2. The term "curriculum" means a set of teaching subjects which are taught at a private teaching institute;
3. The term "subject" means a unit course which is taught;
4. The term "reading room" means a facility which is a private teaching institute provided as a place to study.
(2) "The number of those determined by the Presidential Decree" in subparagraph 1 of Article 2 of the Act on the Establishment and Operation of Private Teaching Institutes and Extracurricular Lessons (hereinafter referred to as the "Act") means ten persons (or one person where the lessons involved are for a person who has any of the disabilities specified in subparagraphs of Article 15 (1) of the Act on Special Education for Persons with Disabilities, Etc.) who can take lessons or use a place of learning at the same time.
[This Article Wholly Amended by Presidential Decree No. 23250, Oct. 25, 2011]
 Article 2-2 (Scope of Distance Education)
"Cases where distance education is provided using the information and communications technology, etc." under subparagraph 1 of Article 2 of the Act shall be limited to cases of teaching at a private teaching institute for school curriculum under Article 2-2 (1) 1 of the Act.
[This Article Wholly Amended by Presidential Decree No. 23250, Oct. 25, 2011]
 Article 3 (Lessons not Constituting Extracurricular Lessons)
(1) "Lessons offered as part of volunteering activities determined by Presidential Decree" in subparagraph 4 (c) of Article 2 of the Act means any of the following lessons: <Amended by Presidential Decree No. 24423, Mar. 23, 2013>
1. Lessons for working youth;
2. Lessons for the rehabilitation of the disabled;
3. Other lessons that are classified as volunteering activities determined by Ordinance of the Ministry of Education.
[This Article Wholly Amended by Presidential Decree No. 23250, Oct. 25, 2011]
 Article 3-2 (Scope, etc. of Other Expenses)
The scope of "other expenses" referred to in subparagraph 6 of Article 2 of the Act shall be as specified in attached Table 1.
[This Article Newly Inserted by Presidential Decree No. 23250, Oct. 25, 2011]
 Article 3-3 (Classification of Curricula, etc.)
(1) The curriculum for each type of private teaching institute under Article 2-2 (2) of the Act shall be classified in accordance with attached Table 2.
(2) The curriculum subject to registration shall be a curriculum the contents of which are most similar to any of the curricula classified in attached Table 2 or one that can include such contents.
(3) Any person who has established and operated a private teaching institute (hereinafter referred to as "founder and operator of a private teaching institute") may register and operate at least two curricula in one private teaching institute.
[This Article Wholly Amended by Presidential Decree No. 23250, Oct. 25, 2011]
 Article 4 (Cleanup, etc. of Educational Environment)
If an administrative agency requests consultation pursuant to Article 5 (3) of the Act, a superintendent of education shall undergo deliberation by the Local Educational Environment Protection Committee established under Article 5 (8) of the Educational Environment Protection Act, prior to consultation. <Amended by Presidential Decree No. 27830, Feb. 3, 2017>
[This Article Wholly Amended by Presidential Decree No. 23250, Oct. 25, 2011]
 Article 5 (Registration of Establishment and Operation of Private Teaching Institutes)
(1) Deleted. <by Presidential Decree No. 16294, May 10, 1999>
(2) A person who intends to register the establishment and operation of a private teaching institute under Article 6 of the Act shall file with a superintendent of education an application for registration of establishment and operation of a private teaching institute determined by Ordinance of the Ministry of Education after entering the following matters thereon, along with the institute's rules and documents determined by Ordinance of the Ministry of Education: <Amended by Presidential Decree No. 23250, Oct. 25, 2011; Presidential Decree No. 24423, Mar. 23, 2013>
1. Name, resident registration number, and address of a founder and operator of a private teaching institute;
2. Name and location of a private teaching institute;
3. Type and curriculum of a private teaching institute;
4. Maximum number of students;
5. Instructor list;
6. Tuition fees, etc.;
7. Facilities and equipment;
8. Scheduled date of commencing courses.
(3) The following matters shall be entered in the institute's rules referred to in paragraph (2): <Amended by Presidential Decree No. 23250, Oct. 25, 2011>
1. Matters concerning the name, purposes of establishment, and location of a private teaching institute;
2. Matters concerning the maximum number of students for each curriculum;
3. Matters concerning the curriculum and date and time of lessons;
4. Matters concerning the recognition of completion of a course;
5. Matters concerning the term of lessons and vacation days;
6. Matters concerning tuition fees, etc.;
7. Other matters necessary for the operation of a private teaching institute.
(4) Where the curriculum is composed of subjects for theory and subjects for experimentation, practical training, or practical skills, a private teaching institute shall not be established in such a way that the subjects are offered separately. <Amended by Presidential Decree No. 23250, Oct. 25, 2011>
(5) Where the details of an application for registration of establishment and operation of a private teaching institute referred to in paragraph (2) meet the standards for facilities and educational environment, a superintendent of education shall accept its registration. <Amended by Presidential Decree No. 23250, Oct. 25, 2011>
(6) Deleted. <by Presidential Decree No. 27612, Nov. 29, 2016>
 Article 5-2 (Registration of Private Teaching Institutes for School Curriculum with Accomodations)
(1) Each private teaching institute for school curriculum with accomodations referred to in Article 6 (2) of the Act shall meet the following requirements for registration: <Amended by Presidential Decree No. 27938, Mar. 20, 2017>
1. It shall operate a curriculum that falls under the regular category of private teaching institutes for school curriculum from among the curricula of private teaching institutes specified in attached Table 2;
2. It shall satisfy the standards for restrictions on lessons for students enrolled in a kindergarten, elementary school, middle school, high school, or any other school equivalent thereto, which are prescribed by ordinance of the Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Do, or the Special Self-Governing Province (hereinafter referred to as "City/Do");
3. The accomodations shall be a part of the facilities of a private teaching institute, shall be installed within the premises of the institute or not more than 300 meters away from the premises of the institute, and shall be provided to the students of the institute for their exclusive use;
4. The accomodations shall have facilities for meal service and provide environment, facilities, equipment, etc. that improve the safety, health, and hygiene of students;
5. The accomodations shall have a dietitian license holder (hereinafter referred to as "dietitian") under Article 15 of the National Nutrition Management Act and a staff member in charge of life guidance who meets the qualification standards for instructors under Article 12 (2).
(2) The matters concerning the location of accomodations, the standards for the environment, the standards for facilities and equipment, the standards for the placement of a dietitian and personnel in charge of life guidance, etc. pursuant to paragraph (1) shall be prescribed by ordinance of each City/Do, considering the regional conditions, the size of a private teaching institute, etc.
[This Article Wholly Amended by Presidential Decree No. 23250, Oct. 25, 2011]
 Article 6 (Conditional Registration of Establishment and Operation of Private Teaching Institutes)
(1) A person who intends to file an application for conditional registration of establishment and operation of a private teaching institute pursuant to Article 7 of the Act shall file with a superintendent of education an application for registration of establishment and operation of a private teaching institute determined by Ordinance of the Ministry of Education after entering the matters specified in each subparagraph of Article 5 (2), along with the institute's rules and documents determined by Ordinance of the Ministry of Education. <Amended by Presidential Decree No. 24423, Mar. 23, 2013>
(2) Where it is deemed that the details of a conditional application for registration referred to in paragraph (1) are suitable for the educational environment and can conform to the standards for facilities, the relevant superintendent of education may accept the registration on the condition that facilities and equipment shall be prepared within one year. In such cases, where it is deemed that there exists a compelling reason that cannot have facilities and equipment prepared within the conditional period, the superintendent of education may extend the period up to six months.
(3) A person who has made a conditional registration of establishment and operation of a private teaching institute shall prepare facilities and equipment within the period referred to in paragraph (2) and report to the relevant superintendent of education ten days prior to the scheduled date of opening courses.
(4) Where a superintendent of education receives a report referred to in paragraph (3), he/she shall investigate and confirm whether the facilities and equipment are secured and shall issue a certificate of registration as prescribed by Ordinance of the Ministry of Education. <Amended by Presidential Decree No. 27612, Nov. 29, 2016>
[This Article Wholly Amended by Presidential Decree No. 23250, Oct. 25, 2011]
 Article 7 (Modification of Matters to be Registered)
(1) "Matters prescribed by Presidential Decree" referred to in the latter part of Article 6 (1) of the Act means the following matters:
1. A founder and operator of a private teaching institute;
2. Location of a private teaching institute;
3. Facilities and equipment.
(2) Where a founder and operator of a private teaching institute has modified matters other than those to be registered for modifications pursuant to paragraph (1), he/she shall immediately notify the relevant superintendent of education thereof.
(3) With respect to the procedures for a registration of modifications referred to in paragraph (1), Article 5 shall apply mutatis mutandis. In such cases, "registration" shall be deemed "registration of modifications".
[This Article Wholly Amended by Presidential Decree No. 23250, Oct. 25, 2011]
 Articles 7-2 through 9 Deleted. <by Presidential Decree No. 19953, Mar. 23, 2007>
 Article 10 (Prohibition, etc. on Teaching in Excess of Temporary Seating Capacity)
(1) A founder and operator of a private teaching institute shall neither be permitted to teach students in excess of the temporary seating capacity of his/her institute's facilities at one time nor offer facilities as a teaching place. <Amended by Presidential Decree No. 23250, Oct. 25, 2011>
(2) Deleted. <by Presidential Decree No. 16294, May 10, 1999>
(3) Notwithstanding paragraph (1), the number of students who may take lessons on the same subject at the same time and place at a private teaching institute which requires experiments, practical excercise, or practical skills, shall be determined by ordinance of the City/Do. <Amended by Presidential Decree No. 23250, Oct. 25, 2011>
 Article 11 Deleted. <by Presidential Decree No. 16294, May 10, 1999>
 Article 12 (Instructors)
(1) A founder and operator of a private teaching institute shall appropriately deploy instructors in charge of teaching lessons and personnel needed for life guidance of students to maximize their learning performance.
(2) The qualification standards for instructors of private teaching institutes referred to in Article 13 (1) of the Act shall be as specified in attached Table 3.
[This Article Wholly Amended by Presidential Decree No. 23250, Oct. 25, 2011]
 Article 12-2 (Recruitment of Foreign Instructors)
(1) "Documents prescribed by Presidential Decree" in subparagraph 4 of Article 13-2 of the Act means the following documents:
1. A copy of passport and visa;
2. A copy of an alien registration card or a certificate of the fact of alien registration.
(2) The requirements for, and standards for verification of, documents which shall be verified by founders and operators of private teaching institutes pursuant to Article 13-2 of the Act shall be prescribed by Ordinance of the Ministry of Education. <Amended by Presidential Decree No. 24423, Mar. 23, 2013>
[This Article Newly Inserted by Presidential Decree No. 23250, Oct. 25, 2011]
 Article 13 (Report on Establishment and Operation of Teaching Schools)
(1) A person who intends to establish and operate a teaching school pursuant to Article 14 (1) of the Act shall file with a superintendent of education a report on the registration of establishment and operation of a teaching school as determined by Ordinance of the Ministry of Education after entering the following matters thereon, along with documents determined by Ordinance of the Ministry of Education: <Amended by Presidential Decree No. 24423, Mar. 23, 2013>
1. Name, resident registration number, address, academic background, careers, and occupation of a tutor;
2. Name and location of a teaching school;
3. Teaching subjects;
4. Tuition fees, etc.
(2) If the details of the report referred to in paragraph (1) conform to Articles 15 and 16, the relevant superintendent of education shall issue a certificate to confirm the reporting of establishment and operation of a teaching school determined by Ordinance of the Ministry of Education. <Amended by Presidential Decree No. 24423, Mar. 23, 2013>
[This Article Wholly Amended by Presidential Decree No. 23250, Oct. 25, 2011]
 Article 14 (Modification of Matters to be Reported by Teaching Schools)
With respect to the procedures for a report on any modification made pursuant to the latter part of Article 14 (1) of the Act, Article 13 shall apply mutatis mutandis. In such cases, "report" shall be deemed "report on modification".
[This Article Wholly Amended by Presidential Decree No. 23250, Oct. 25, 2011]
 Article 15 (Qualifications, etc. for Tutors)
(1) With respect to the qualifications for tutors referred to in Article 14 (6) of the Act, Article 12 (2) shall apply mutatis mutandis.
(2) A teaching school shall not have any instructor: Provided, That where a tutor may not teach lessons in person due to his or her childbirth or disease, it may have a temporary tutor as determined by the relevant superintendent of education.
(3) A teaching school may provide one assistant to a tutor for the convenience of students.
[This Article Wholly Amended by Presidential Decree No. 23250, Oct. 25, 2011]
 Article 16 (Location, etc. of Teaching Schools)
The location, facilities, and equipment of a teaching school, and the number of students referred to in Article 14 (6) of the Act shall be as follows:
1. The number of persons who take lessons at a teaching school at the same time shall not be more than nine persons (or five persons for piano lessons);
2. The number of persons to be accommodated in a teaching room of a teaching school shall not be more than 0.3 person per one square meter.
[This Article Wholly Amended by Presidential Decree No. 23250, Oct. 25, 2011]
 Article 16-2 (Reports, etc. on Private Tutors)
(1) Any person who intends to give extracurricular lessons pursuant to Article 14-2 (1) of the Act shall enter the following matters in a written report, determined by Ordinance of the Ministry of Education, on a private tutor and shall submit it to the relevant superintendent of education, along with documents determined by Ordinance of the Ministry of Education: <Amended by Presidential Decree No. 24423, Mar. 23, 2013>
1. Name, resident registration number, address, academic background, careers, and occupation of a private tutor;
2. Teaching subjects;
3. Tuition fees, etc.;
4. Teaching place.
(2) Where any of the matters refereed to in paragraph (1) 1 through 4 is modified, a private tutor shall submit a written report, determined by Ordinance of the Ministry of Education, on any modification, to the relevant superintendent of education within 15 days from the date on which the relevant causes have occurred. <Amended by Presidential Decree No. 24423, Mar. 23, 2013>
[This Article Wholly Amended by Presidential Decree No. 23250, Oct. 25, 2011]
 Article 16-3 (Matters to be Indicated in Advertisements)
“Matters prescribed by Presidential Decree, among the matters stated in the certificate of registration or certificate of report” in Article 15 (3) of the Act means the following:
1. Registration or report number;
2. Name of a private teaching institute or teaching school;
3. Teaching courses or subjects.
[This Article Newly Inserted by Presidential Decree No. 27612, Nov. 29, 2016]
 Article 17 (Committee for Adjusting Tuition Fees, etc.)
(1) A superintendent of education shall establish a committee for adjusting tuition fees, etc. (hereinafter referred to as "adjustment committee") for each Office of Education Support under Article 34 (1) of the Local Education Autonomy Act in order to deliberate on matters concerning the adjustment of tuition fees, etc. in accordance with Article 15 (6) of the Act. <Amended by Presidential Decree No. 25375, Jun. 11, 2014; Presidential Decree No. 27612, Nov. 29, 2016>
(2) The adjustment committee shall be comprised of not less than seven but up to 11 members, including one chairperson who is elected among and by its members falling under paragraph (3) 1, 2, or 5. <Amended by Presidential Decree No. 24086, Sep. 5, 2012>
(3) The members of the adjustment committee are commissioned or appointed by the relevant superintendent of education, from among any of the following persons: <Amended by Presidential Decree No. 24086, Sep. 5, 2012; Presidential Decree No. 25375, Jun. 11, 2014; Presidential Decree No. 26922, Jan. 22, 2016>
1. One person who falls under any of the following:
(a) A public official in charge of duties concerning consumer prices, who belongs to a local government (including an administrative city under Article 10 (2) of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City; hereinafter the same shall apply to item (b)) under which an Office of Education Support is established;
(b) A tax official who belongs to a taxation office having jurisdiction over a local government under which an Office of Education Support is established;
2. One public official higher than a director, in charge of affairs of private teaching institutes belonging to an Office of Education Support;
3. At least two persons who are school parents or are related to school parents and consumer groups;
4. Two persons who are either founders and operators of private teaching institutes, tutors, or private tutors;
5. At least one person who falls under any of the following:
(a) A certified public accountant or a tax accountant;
(b) A professor higher than a assistant professor who majors in economy, business administration, accounting, and education in a college under Article 2 of the Higher Education Act, or a researcher at a research institute related to the relevant major;
(c) Other persons who are recognized by a superintendent of education as having great expertise and experience in education.
(4) Members who are present in the meeting of the adjustment committee may be provided with allowances and travel expenses within the budget: Provided, That where a member as a public official attends the meeting in direct relation to duties falling under his/her jurisdiction, this shall not apply.
(5) The adjustment committee may, if deemed necessary, require the relevant founder and operator of a private teaching institute, tutors, or private tutors to be present in the meeting of the adjustment committee and may listen to their opinions.
(6) Except as otherwise provided in paragraphs (1) through (5), detailed matters concerning the composition, operation, etc. of the adjustment committee shall be prescribed by the regulations on education of the relevant City/Do.
[This Article Wholly Amended by Presidential Decree No. 23250, Oct. 25, 2011]
 Article 17-2 (Order for Adjustment of Tuition Fees, etc.)
(1) Upon receipt of the following documents from a founder and operator of a private teaching institute, tutor, or private tutor in accordance with Article 15 (6) of the Act, the relevant superintendent of education may order the adjustment of tuition fees, etc. after deliberation by the adjustment committee of the relevant Office of Education Support: <Amended by Presidential Decree No. 25375, Jun. 11, 2014; Presidential Decree No. 27612, Nov. 29, 2016>
1. Book of cash receipts and disbursements, and evidence for expenditure;
2. Student list and receipts of tuition fees, etc.;
3. Data on year-end settlement of an instructor;
4. Documents proving that other expenses are actual expenses, such as tax calculation sheet, specifications of transaction, cost accounting sheet, etc.;
5. Other documents necessary for judging the appropriateness of tuition fees, etc.
(2) If deemed necessary for issuing an order for adjustment, a superintendent of education may establish the standards for adjustment in consideration of the inflation rate, the rate of increase in tuition fees, etc. compared to the previous year, teaching hours, the regional particularity, the type, size, and facility level of a private teaching institute, etc. through deliberation by the adjustment committee of the relevant Office of Education Support. <Amended by Presidential Decree No. 25375, Jun. 11, 2014>
[This Article Newly Inserted by Presidential Decree No. 23250, Oct. 25, 2011]
 Article 17-3 (Training Plans)
The training plans established and implemented by a superintendent of education pursuant to Article 15-4 of the Act shall include the following:
1. Matters regarding who to be trained and number of trainees;
2. Matters regarding the courses and period of training;
3. Matters regarding support for the training;
4. Other matters necessary for operating the training.
[This Article Newly Inserted by Presidential Decree No. 27938, Mar. 20, 2017]
[Previous Article 17-3 Moved to Article 17-4]
 Article 17-4 (Scope of Disclosure of Information)
The scope of disclosure of information referred to in Article 15-5 (2) of the Act shall be as follows: <Amended by Presidential Decree No. 27938, Mar. 20, 2017>
1. Name of a private teaching institute or a teaching school;
2. Address and main telephone number of a private teaching institute or a teaching school;
3. Curriculum;
4. Maximum number of students for each teaching subject;
5. Teaching period and total teaching hours for each teaching subject;
6. Tuition fees and other expenses per item in accordance with attached Table 1;
7. List of founders and operators of private teaching institutes, and the list of instructors;
8. List of tutors.
[This Article Newly Inserted by Presidential Decree No. 23250, Oct. 25, 2011]
[Moved from Article 17-3 and Previous Article 17-4 Moved to Article 17-5]
 Article 17-5 (Grounds for Payment of Bounty, etc.)
(1) A bounty referred to in Article 16 (6) of the Act shall be paid to a person who has reported any of the following acts within the budget: <Amended by Presidential Decree No. 27612, Nov. 29, 2016>
1. Teaching activities (limited to teaching activities for regular curricula or foreign languages) which have been conducted without registering under Article 6 of the Act;
2. Teaching activities (limited to teaching activities for regular curricula or foreign languages) which have been conducted without reporting under Article 14 (1) of the Act ;
3. Teaching activities which have been conducted without reporting under Article 14-2 (1) of the Act;
4. An act which is indicated, posted, and notified in violation of Article 15 (4) of the Act, or an act of making a collection in excess of tuition fees, etc., (limited to acts of making a collection in excess of tuition fees, etc. for regular curricula or foreign languages, in cases of the founders and operators of private teaching institutes and the operators of teaching schools) reported to and registered with a superintendent of education;
5. Deleted; <by Presidential Decree No. 27612, Nov. 29, 2016>
6. Teaching activities (limited to teaching activities for regular curricula or foreign languages) which have been conducted without compliance with teaching hours determined by a superintendent of education pursuant to Article 16 (2) of the Act.
(2) A bounty shall not be paid, where a reporter referred to in paragraph (1) is a youth defined in subparagraph 1 of Article 2 of the Juvenile Protection Act, a relevant official (including a person other than a public official who is assisting with the relevant duties) who guides and supervises private teaching institutes, teaching schools, or private tutors, and an executive officer or an employee of a consumer group. <Amended by Presidential Decree No. 24102, Sep. 14, 2012>
(3) A superintendent of education shall secure the budget necessary for payment of the bounty.
(4) Matters necessary for the standards and procedures for the payment of the bounty shall be prescribed by Ordinance of the Ministry of Education. <Amended by Presidential Decree No. 24423, Mar. 23, 2013>
[This Article Newly Inserted by Presidential Decree No. 23250, Oct. 25, 2011]
[Moved from Article 17-4]
 Article 18 (Refund, etc. of Tuition Fees, etc.)
(1) Deleted. <by Presidential Decree No. 23250, Oct. 25, 2011>
(2) Grounds for refund of tuition fees, etc. (hereinafter referred to as "grounds for refund") under Article 18 (2) of the Act shall be as follows: <Amended by Presidential Decree No. 23250, Oct. 25, 2011>
1. Where the registration of a private teaching institute is cancelled, a teaching school is abolished, or the order to suspend teaching has been issued under Article 17 (1) and (2);
2. Where a founder and operator of a private teaching institute, a tutor, or a private tutor is unable to teach students or provide teaching places;
3. Where students give up attending lectures or using a teaching place by their own intention.
(3) Where any ground for refund referred to in each subparagraph of paragraph (2) has occurred, tuition fees, etc. shall be refunded within five days from the day the ground has occurred, in accordance with the standards for refund prescribed in attached Table 4. <Amended by Presidential Decree No. 23250, Oct. 25, 2011>
(4) A founder and operator of a private teaching institute or a tutor may reduce or exempt tuition fees, etc. insofar as it will not interfere with the operation of the relevant private teaching institute or teaching school. <Amended by Presidential Decree No. 23250, Oct. 25, 2011>
 Article 19 (Management of Personally Identifiable Information)
If necessary to perform the following affairs, a superintendent of education may receive and manage data including resident registration numbers, passport numbers, driver’s license numbers, or alien registration numbers under Article 19 of the Enforcement Decree of the Personal Information Protection Act: <Amended by Presidential Decree No. 27612, Nov. 29, 2016>
1. Affairs concerning the registration of establishment and operation of a private teaching institute and registration for modification there on under Article 6 of the Act;
2. Affairs concerning the conditional registration for establishment of a private teaching institute under Article 7 of the Act;
3. Affairs concerning a report on suspension or closure of a private teaching institute under Article 10 of the Act;
4. Affairs concerning a report on establishment and operation of a teaching school, a report on any modification therein, and a report on its closure and suspension under Article 14 of the Act;
5. Affairs concerning a report of a private tutor and a report on modifications therein under Article 14-2 of the Act.
[This Article Newly Inserted by Presidential Decree No. 23250, Oct. 25, 2011]
 Article 20 (Delegation and Entrustment of Authority)
(1) A superintendent of education shall delegate the following authorities to the head of a district office of education pursuant to Article 21 (1) of the Act: <Amended by Presidential Decree No. 23250, Oct. 25, 2011; Presidential Decree No. 24086, Sep. 5, 2012; Presidential Decree No. 27612, Nov. 29, 2016>
1. Consultation with the head of a relevant administrative agency referred to in Article 5 (3) of the Act;
2. Acceptance of registration of establishment and operation of private teaching institutes and registration for modification therein under Article 6 of the Act;
3. Acceptance of the conditional registration of establishment and operation of a private teaching institute, and cancellation of the conditional registration under Article 7 of the Act;
4. Acceptance of a report on the suspension and closure of a private teaching institute under Article 10 of the Act;
5. Acceptance of a report on the establishment and operation of a teaching school and a report on any modification therein under Article 14 of the Act;
6. Acceptance of a report on the suspension and closure of a teaching school under Article 14 (7) of the Act;
7. Acceptance of a report of a person who intends to provide private extracurricular lessons, acceptance of a report on modification of a private tutor, etc. under Article 14-2 of the Act;
8. Order for the adjustment of tuition fees, etc. under Article 15 (6) of the Act;
9. Guidance for, and supervision over, private teaching institutes, teaching schools, and private tutors under Article 16 (1), (3) and (4) of the Act;
10. Payment of bounty under Article 16 (6) of the Act;
11. Administrative disposition on private teaching institutes, teaching schools, and private tutors under Article 17 of the Act;
12. Measures for the closure, etc. of private teaching institutes or teaching schools under Article 19 (1) of the Act;
13. Hearing under Article 20 of the Act;
14. Imposition and collection of administrative fines under Article 23 of the Act;
15. Receipt of notification of modification under Article 7 (2) of the Act;
16. Appointment or nomination of a member of the adjustment committee under Article 17 (3) of the Act;
17. Establishment of the standards for adjustment of tuition fees, etc. and the order for adjustment thereof under Article 17-2 of the Act.
(2) Deleted. <by Presidential Decree No. 17260, Jun. 29, 2001>
(3) Pursuant to Article 21 (3) of the Act, a superintendent of education shall entrust the training of founders and operators of private teaching institutes, instructors, and operators of teaching schools under Article 15-4 of the Act, and part of affairs, such as investigation, research, etc. related to the training, to a training institution designated and publicly announced by the Korea Federation of Private Teaching Institutes, which is an incorporated association, and the relevant superintendent of education: Provided, That in cases of entrusting the training, a superintendent of education may provide necessary funds within the budget. <Amended by Presidential Decree No. 23250, Oct. 25, 2011; Presidential Decree No. 27938, Mar. 20, 2017>
 Article 20-2 (Re-Examination of Regulation)
(1) The Minister of Education shall examine the appropriateness of the following matters every three years from each base date specified in the following subparagraphs (referring to the period that ends on the day before the base date of every third year) and shall take measures for improvement, etc.: <Amended by Presidential Decree No. 25840, Dec. 9, 2014>
1. Registration of establishment and operation of a private teaching institute under Article 5: January 1, 2014;
2. Qualification standards for an instructor of a private teaching institute under Article 12 and attached Table 3: January 1, 2014;
3. Location, etc. of a teaching school under Article 16: January 1, 2014;
4. A report of a private tutor and a report on modification there on under Article 16-2: January 1, 2014.
(2) The Minister of Education shall examine the appropriateness of the following matters every two years from each base date specified in the following subparagraphs (referring to the period that ends on the day before the base date of every second year) and shall take measures for improvement, etc.: <Newly Inserted by Presidential Decree No. 25840, Dec. 9, 2014; Presidential Decree No. 27938, Mar. 20, 2017>
1. Releasing information on the list of founders and operators of private teaching institutes and the list of instructors under subparagraph 7 of Article 17-4: January 1, 2015;
2. Standards for imposing administrative fines under Article 21 and attached Table 5: January 1, 2015.
[This Article Newly Inserted by Presidential Decree No. 25050, Dec. 30, 2013]
 Article 21 (Standards for Imposing Administrative Fines)
The standards for imposing administrative fines referred to in Article 23 of the Act shall be as specified in attached Table 5.
[This Article Wholly Amended by Presidential Decree No. 23250, Oct. 25, 2011]
ADDENDA
(1) (Enforcement Date) This Decree shall enter into force on January 1, 1996: Provided, That the provisions of Article 11 shall enter into force on January 1, 1997.
(2) (Transitional Measures concerning Curricula) The curriculum of the private teaching institutes registered at the time of enforcement of this Decree shall be deemed to have registered as the curriculum which is identical to or similar to the previous curriculum from among curricula listed in attached Table 1.
(3) (Transitional Measures concerning Qualifications for Instructors, etc.) The qualifications for instructors who teach lessons at private teaching institutes registered and private tutors reported, notwithstanding the provisions of attached Table 2 referred to in Articles 12 and 15, shall be governed by the previous provisions.
ADDENDA <Presidential Decree No. 14920, Feb. 22, 1996>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 1, 1996.
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 15598, Dec. 31, 1997>
This Decree shall enter into force on January 1, 1998.
ADDENDUM <Presidential Decree No. 16294, May 10, 1999>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 17115, Jan. 29, 2001>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 17260, Jun. 29, 2001>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 30, 2001.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 17296, Jul. 7, 2001>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 8, 2001.
Article 2 Omitted.
Article 3 (Relationship to Other Statutes)
Where the provisions of the previous Enforcement Decree of the Act on the Establishment and Operation of Private Teaching Institutes are cited in other statutes at the time when this Decree enters into force, this Decree shall be considered to have been cited in lieu of the previous Enforcement Decree of the Act on the Establishment and Operation of Private Teaching Institutes.
ADDENDUM <Presidential Decree No. 18409, Jun. 5, 2004>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 19717, Oct. 27, 2006>
Article 1 (Enforcement Date)
This Decree shall enter into force on October 29, 2006.
Articles 2 through 8 Omitted.
ADDENDA <Presidential Decree No. 19953, Mar. 23, 2007>
(1) (Enforcement Date) This Decree shall enter into force on March 23, 2007.
(2) (Applicability to the Refund of Tuition Fees) The provisions of Article 18 (3) and attached Table 3 as amended shall be applicable to the refund cases that occur on and after the enforcement date of this Decree.
ADDENDA <Presidential Decree No. 20003, Apr. 12, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
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.
ADDENDA <Presidential Decree No. 22840, 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)
(1) The application of the standards for imposing administrative fines on a violation which has been committed before this Decree enters into force, shall be governed by the previous practices, notwithstanding the amended provisions of attached Table 4.
(2) The imposition of administrative fines on violations which have been committed before this Decree enters into force shall not be included in the computation of frequency of violations under the amended provisions of attached Table 4.
ADDENDUM <Presidential Decree No. 23250, Oct. 25, 2011>
This Decree shall enter into force on October 26, 2011.
ADDENDA <Presidential Decree No. 24086, Sep. 5, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Term of Office of Former Member following Compositional Alteration of Members of Adjustment Committee)
The term of office of a person who has been appointed as a member of the adjustment committee pursuant to the previous Article 17 (3) before the enforcement of this Decree is deemed to have expired on the date when this Decree enters into force.
ADDENDA <Presidential Decree No. 24102, Sep. 14, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
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. 25050, Dec. 30, 2013>
This Decree shall enter into force on January 1, 2014. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 25375, Jun. 11, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 25840, Dec. 9, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2015.
Articles 2 through 16 Omitted.
ADDENDA <Presidential Decree No. 26922, Jan. 22, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 25, 2016.
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 27056, Mar. 25, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 28, 2016.
Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 27612, Nov. 29, 2016>
This Decree shall enter into force on November 30, 2016.
ADDENDA <Presidential Decree No. 27830, Feb. 3, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on February 4, 2017.
Articles 2 and 3 Omitted.
ADDENDUM <Presidential Decree No. 27938, Mar. 20, 2017>
This Decree shall enter into force on March 21, 2017.