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HIGHER EDUCATION ACT

Act No. 5439, Dec. 13, 1997

Amended by Act No. 6006, Aug. 31, 1999

Act No. 6400, Jan. 29, 2001

Act No. 6709, Aug. 26, 2002

Act No. 7686, Nov. 8, 2005

Act No. 7699, Nov. 22, 2005

Act No. 7961, Jul. 19, 2006

Act No. 8240, Jan. 19, 2007

Act No. 8388, Apr. 27, 2007

Act No. 8483, May 25, 2007

Act No. 8497, Jul. 13, 2007

Act No. 8542, Jul. 27, 2007

Act No. 8638, Oct. 17, 2007

Act No. 8852, Feb. 29, 2008

Act No. 8988, Mar. 28, 2008

Act No. 9356, Jan. 30, 2009

Act No. 9936, Jan. 22, 2010

Act No. 10413, Dec. 27, 2010

Act No. 11212, Jan. 26, 2012

Act No. 11384, Mar. 21, 2012

Act No. 11526, Dec. 11, 2012

Act No. 11690, Mar. 23, 2013

Act No. 11766, May 22, 2013

Act No. 12036, Aug. 13, 2013

Act No. 12174, Jan. 1, 2014

Act No. 13217, Mar. 13, 2015

Act No. 13571, Dec. 22, 2015

Act No. 13702, Dec. 31, 2015

Act No. 14054, Mar. 2, 2016

Act No. 14148, May 29, 2016

Act No. 14391, Dec. 20, 2016

Act No. 14600, Mar. 21, 2017

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Act is to provide for matters concerning higher education pursuant to Article 9 of the Framework Act on Education.
[This Article Wholly Amended by Act No. 10866, Jul. 21, 2011]
 Article 2 (Types of Schools)
The following schools shall be established to provide higher education:
1. Universities and colleges;
2. Industrial colleges;
3. Teachers' colleges;
4. Junior colleges;
5. Air colleges, correspondence colleges, air and correspondence colleges and cyber colleges (hereinafter referred to as "cyber colleges");
6. Technical colleges;
7. Various kinds of schools.
[This Article Wholly Amended by Act No. 10866, Jul. 21, 2011]
 Article 3 (Classification of National, Public and Private Schools)
Schools listed in subparagraphs of Article 2 (hereinafter referred to as "schools") shall be classified into national schools established and managed by the State, or established by the State as national university corporations, public schools (they may be classified into city schools and Do schools according to the founding entities) established and managed by local governments and private schools established and managed by incorporated school foundations.
[This Article Wholly Amended by Act No. 10866, Jul. 21, 2011]
 Article 4 (Establishment, etc. of Schools)
(1) Any person who intends to establish a school shall meet the conditions for establishing facilities, equipment, etc. prescribed by Presidential Decree.
(2) Establishment of a school by any party other than the State requires authorization from the Minister of Education. <Amended by Act No. 11690, Mar. 23, 2013>
(3) Where any founder or operator of a public or private school intends to abolish the school or modify important matters prescribed by Presidential Decree, he/she shall obtain authorization from the Minister of Education. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 10866, Jul. 21, 2011]
 Article 5 (Guidance and Supervision)
(1) Schools shall be under the guidance and supervision of the Minister of Education. <Amended by Act No. 11690, Mar. 23, 2013>
(2) If the Minister of Education deems it necessary to guide and supervise schools, he/she may request the heads of schools to submit relevant data, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 10866, Jul. 21, 2011]
 Article 6 (School Regulations)
(1) The head of a school (where a person establishes a school, the person who intends to establish the school) may establish or amend school regulations (hereinafter referred to as "school regulations") within the scope of statutes.
(2) Necessary matters such as the entries in and procedures for the formulation and amendments of school regulations, etc. shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10866, Jul. 21, 2011]
 Article 7 (Educational Finance)
(1) The State and a local government may provide funding, in whole or in part, necessary for schools to accomplish their purposes.
(2) Schools shall disclose their budgets and account settlements, as prescribed by Ordinance of the Ministry of Education. <Amended by Act No. 11690, Mar. 23, 2013>
(3) The Minister of Education shall establish the 10-year general plan for expansion of support ratio to higher education of the entire national finance, which is reflected to establish the support plan for the higher education every two years, and report it to the relevant standing committee of the National Assembly. <Newly Inserted by Act No. 14054, Mar. 2, 2016>
(4) The Minister of Education may request the submission of the relevant data to the head of the relevant central administrative agency or the head of the local government, if necessary for establishing the general plan and support plan under paragraph (3). In such cases, the head of the relevant central administrative agency or the head of the local government who has received such request shall comply with the request except in extraordinary circumstances. <Newly Inserted by Act No. 14054, Mar. 2, 2016>
[This Article Wholly Amended by Act No. 10866, Jul. 21, 2011]
 Article 8 (Payment of Experiment and Practice Expenses, etc.)
The State shall take such necessary measures as payment of experiment and practice expenses, research aid expenses and scholarships to encourage scholarship or academic research and educational research.
[This Article Wholly Amended by Act No. 10866, Jul. 21, 2011]
 Article 9 (Support for Mutual Cooperation among Schools)
The State and a local government shall provide support for facilitating the interchange of school teachers and research cooperation among schools.
[This Article Wholly Amended by Act No. 10866, Jul. 21, 2011]
 Article 10 (School Consultative Body)
(1) Universities, colleges, industrial colleges, teachers' colleges, junior colleges, cyber colleges, etc. may operate school consultative bodies comprised of representatives from respective schools for the development of higher education.
(2) The organization and operation of consultative bodies referred to in paragraph (1) shall be prescribed by other Acts.
[This Article Wholly Amended by Act No. 10866, Jul. 21, 2011]
 Article 11 (Enrollment Fees and Enrollment Fee Deliberation Committee)
(1) Any founder or operator of a school may accept the payment of tuition fees and any other charges (hereinafter referred to as "enrollment fees") made in cash or by settling accounts by means of a credit card, debit card, or pre-paid card referred to in Article 2 of the Specialized Credit Finance Business Act. <Amended by Act No. 14391, Dec. 20, 2016>
(2) Each school shall establish and operate an enrollment fee deliberation committee comprised of school personnel (including a person from a foundation recommended by an educational foundation in case of private university or college), students, relevant experts, etc. to set enrollment fees. In such cases, number of students shall exceed 3/10 of the quorum. <Amended by Act No. 11043, Sep. 15, 2011>
(3) Any founder or operator of a school shall respect the result of deliberations by the enrollment fee deliberation committee to the greatest extent possible. <Newly Inserted by Act No. 11043, Sep. 15, 2011>
(4) The enrollment fee deliberation committee under paragraph (2) shall set enrollment fees for the corresponding year at a reasonable level, considering grounds based on which the enrollment fees and education expenses per student are calculated under Article 6 (1) 8-2 of the Act on Special Cases concerning the Disclosure of Information by Education-Related Institutions, the average household income of city workers, a support plan for higher education under Article 7 (3) of this Act, rate of dependence on enrollment fees (referring to the rate of enrollment fees to total education expenses at an university or college), etc. <Amended by Act No. 11043, Sep. 15, 2011; Act No. 14054, Mar. 2, 2016>
(5) If necessary for setting enrollment fees, any enrollment fee deliberation committee may request the head of a school to submit relevant data, as prescribed by Presidential Decree. In such cases, the head of the school who has received such request shall comply with it unless there is good reason. <Newly inserted by Act No. 11043, Sep. 15, 2011>
(6) Any enrollment fee deliberation committee shall prepare and keep meeting minutes stating dates and time, meeting venues, summaries of statements, resolved matters, etc., and disclose them, as prescribed by Presidential Decree: Provided, That with respect to matters prescribed by Presidential Decree, including those deemed likely to cause substantial harm to the privacy of an individual, all or some of such meeting minutes may not be disclosed upon resolution of the committee. <Newly inserted by Act No. 11043, Sep. 15, 2011>
(7) No school shall set the rate of increase in enrollment fees at a level exceeding 1.5 times the average consumer price inflation for the three immediately preceding years. <Amended by Act No. 11043, Sep. 15, 2011>
(8) Where any school increases the rate of increase in its enrollment fees by more than 1.5 times the average consumer price inflation for the three immediately preceding years notwithstanding paragraph (7), the Minister of Education may impose disadvantages, such as administrative or financial sanctions, etc. on the relevant school. <Amended by Act No. 11043, Sep. 15, 2011; Act No. 11690, Mar. 23, 2013>
(9) Deleted. <by Act No. 14054, Mar. 2, 2016>
(10) Necessary matters such as collection of enrollment fees under paragraph (1), establishment and operation of enrollment fee deliberation committees under paragraph (2), and administrative and financial sanctions under paragraph (8) shall be prescribed by Ordinance of the Ministry of Education. <Amended by Act No. 11043, Sep. 15, 2011; Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 10866, Jul. 21, 2011]
 Article 11-2 (Evaluation, etc.)
(1) Schools shall conduct a self-inspection and evaluation on education and research, organization and operation, facilities and equipment, etc., as prescribed by Ordinance of the Ministry of Education, and publicly announce the findings thereof. <Amended by Act No. 11690, Mar. 23, 2013>
(2) An institution accredited by the Minister of Education (hereinafter referred to as "accredited institution" in this Article) may, at the request of a university or college, evaluate or certify the overall management of a university or college and operation of curricula (including colleges, departments and majors). Provided, That an institution having the curricula falling under medicine, dentistry, oriental medicine or nursing shall obtain an evaluation and certification from an accredited institution as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13571, Dec. 22, 2015>
(3) The Minister of Education may designate a relevant specialized evaluation institution, a school consultative body under Article 10, and an organization or a group, etc. designed for the promotion of academic research as an accredited institution. <Amended by Act No. 11690, Mar. 23, 2013>
(4) Where the Government intends to provide a university or college with administrative and financial support, it may utilize the outcomes of evaluation or certification conducted under paragraph (2).
(5) Necessary matters for the evaluation or certification under paragraph (2), designation of an accredited institution under paragraph (3) and utilization of the outcomes of evaluation or certification under paragraph (4) shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10866, Jul. 21, 2011]
 Article 11-3 (Educational Statistics Surveys, etc.)
(1) The Minister of Education shall conduct an educational statistics survey every year to collect the basic data on students, teachers, administrative personnel, schools, educational administration agencies, etc. necessary to efficiently implement policies on higher education and research higher education, and shall make public the result of such a survey.
(2) The Minister of Education may request the heads of higher education institutions to submit data for the purpose of conducting an educational statistics survey referred to in paragraph (1) (hereafter in this Article referred to as “educational statistics survey”). In such cases, the heads of higher education institutions shall comply with such request except in extenuating circumstances.
(3) The Minister of Education may request the heads of central administrative agencies, the superintendents of education, and the heads of the institutions concerned, including public institutions under the Act on the Management of Public Institutions, who have related data, to link their data with the others’ data so as to enhance the accuracy of an educational statistics survey and reduce survey-related affairs. In such cases, the heads of the institutions so requested shall comply with such request except in extenuating circumstances.
(4) The Minister of Education may collect personal data containing the resident registration numbers of the following persons when conducting an educational statistics survey, and may provide to or be provided from the institutions requested for linkage pursuant to paragraph (3) for the purpose of the survey, analysis, verification, etc. of statistics:
1. Teachers and administrative personnel of the schools and educational administration agencies subject to survey;
2. Students and graduates of the schools subject to survey.
(5) The Minister of Education may provide the data collected through an educational statistics survey to persons who intend to use such data. In such cases, such data shall be provided in a form in which a specific individual, corporation or organization is unidentifiable, excluding data related to the items disclosed pursuant to the Act on Special Cases concerning the Disclosure of Information by Education-Related Institutions.
(6) For efficient formulation, implementation and evaluation of polices on higher education, the Minister of Education may create the indexes, estimated statistics, etc. related to education by utilizing the data collected through an educational statistics survey.
(7) For conducting affairs for educational statistics surveys, the Minister of Education may designate a center for national educational statistics and entrust it with such affairs, as prescribed by Presidential Decree. In such cases, the Minister of Education may subsidize expenses necessary for such designation and entrustment.
(8) In addition to matters provided for in paragraphs (1) through (7), matters necessary for objects, procedures, disclosure of result, etc. of educational statistics surveys shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act. No. 14600, Mar. 21, 2017]
CHAPTER II STUDENTS AND SCHOOL PERSONNEL
SECTION 1 Students
 Article 12 (Students's Autonomous Activities)
Students' autonomous activities shall be encouraged and protected, and the basic matters about the organization and operation thereof shall be determined by school regulations.
[This Article Wholly Amended by Act No. 10866, Jul. 21, 2011]
 Article 13 (Discipline of Students)
(1) The head of a school may discipline any student, if deemed necessary for education, as determined by statutes and school regulations.
(2) If the head of a school intends to discipline any student, he/she shall undergo due formalities, such as providing the relevant student with an opportunity to state his/her opinion.
[This Article Wholly Amended by Act No. 10866, Jul. 21, 2011]
SECTION 2 School Personnel
 Article 14 (Classification of School Personnel)
(1) Each school (excluding various kinds of schools; hereafter the same shall apply in this Article) shall have the president or dean as the head of a school.
(2) School teachers to be assigned to schools shall be classified as professors, associate professors, and assistant professors in addition to presidents and deans referred to in paragraph (1). <Amended by Act No. 11212, Jan. 26, 2012>
(3) Schools shall have personnel such as administrative personnel, etc. necessary for the operation of schools and assistant instructors.
(4) Various kinds of schools shall have the required school teachers, personnel and assistant instructors (hereinafter referred to as "school personnel"), as provided for in paragraphs (1) through (3).
[This Article Wholly Amended by Act No. 10866, Jul. 21, 2011]
 Article 15 (Functions of School Personnel)
(1) The president or dean shall exercise overall control of school affairs, supervise subordinate school personnel and guide students.
(2) School teachers shall educate and guide students, and do academic research: Provided, That, if deemed necessary, they may assume full charge of education and guidance, academic research, or industry-academic cooperation pursuant to subparagraph 6 of Article 2 of the Industrial Education Enhancement And Industry-Academia-Research Cooperation Promotion Act, as determined by school regulations or the articles of incorporation. <Amended by Act No. 14391, Dec. 20, 2016>
(3) Personnel, including administrative personnel, etc. shall take charge of administrative affairs and other affairs of schools.
(4) Assistant instructors shall assist in affairs concerning education, research and school affairs.
[This Article Wholly Amended by Act No. 10866, Jul. 21, 2011]
 Article 16 (Qualification Standards, etc. for School Teachers and Assistant Instructors)
Qualification standards for persons eligible for school teachers or assistant instructors and matters concerning the recognition of their qualifications shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10866, Jul. 21, 2011]
 Article 17 (School Teachers, etc. who Hold Concurrent Posts)
Schools may have school teachers holding concurrent posts, honorary professors and part-time instructors, etc. in addition to school teachers referred to in Article 14 (2) as prescribed by Presidential Decree and may have them take charge of education or research. <Amended by Act No. 11212, Jan. 26, 2012>
[This Article Wholly Amended by Act No. 10866, Jul. 21, 2011]
CHAPTER III SCHOOLS
SECTION 1 Common Provisions
 Article 18 (Names of Schools)
(1) Names of national schools shall be determined by Presidential Decree, those of public schools by ordinance of the relevant local government, and those of private schools by the articles of incorporation of the relevant school foundation.
(2) In determining names of schools pursuant to paragraph (1), the term "college" or "university" may be used differently from the kinds of schools referred to in Article 2.
[This Article Wholly Amended by Act No. 10866, Jul. 21, 2011]
 Article 19 (Organization of Schools)
(1) Schools shall have necessary structures to achieve the purpose of establishment within the scope prescribed by Presidential Decree.
(2) Basic matters concerning the structure of schools shall be prescribed by Presidential Decree and school regulations in cases of national schools, by ordinance of the relevant local government and school regulations in cases of public schools, and by the articles of incorporation of the relevant school foundation and school regulations in cases of private schools.
[This Article Wholly Amended by Act No. 10866, Jul. 21, 2011]
 Article 20 (School Year, etc.)
(1) The school year of schools shall be from March 1 until the last day of February of the next year: Provided, That it may be determined otherwise by school regulation, if necessary for the operation of schools.
(2) Matters necessary for the semesters, the number of school days, holidays, etc. shall be determined by school regulations within the scope prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10866, Jul. 21, 2011]
 Article 21 (Operation of Curriculum)
(1) Schools shall operate curriculums, as determined by school regulations: Provided, That any curriculum operated jointly with domestic or foreign universities shall be prescribed by Presidential Decree.
(2) The completion of the course of study shall be based on the grade and credit system, etc., and study hours per credit shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10866, Jul. 21, 2011]
 Article 22 (Classes, etc.)
(1) Classes of a school may be provided as day classes, evening classes, seasonal classes, classes by air and correspondence and field practice classes, as determined by school regulations.
(2) Schools may operate field practice semesters, as determined by school regulations if necessary to enhance the field adaptability of students.
[This Article Wholly Amended by Act No. 10866, Jul. 21, 2011]
 Article 23 (Recognition, etc. of Credits)
(1) Any of the following students (including those prior to his/her entry to relevant schools) may be deemed to have earned credits at relevant schools, as prescribed by school regulations, within the scope prescribed by Presidential Decree: Provided, That such recognition is limited to industrial colleges and junior colleges in the case of subparagraph 6: <Amended by Act No. 12036, Aug. 13, 2013>
1. Where he/she has earned credits in any other domestic or foreign school;
2. Where he/she has earned credits at lifelong education centers that offer the education courses and degrees that are deemed equivalent to those offered by junior college or university graduates under Articles 31 (4), 32 or 33 (3) of the Lifelong Education Act;
3. Where he/she has completed a curriculum equivalent to university courses in any domestic or foreign high school and in any of the domestic schools referred to in the subparagraphs of Article 2 (including higher educational institutions established under any other Act);
4. Where any person who takes a leave of absence to enlist in the military or to complete mandatory military service pursuant to Article 73 (2) of the Military Service Act has earned credits after taking distance learning courses;
5. Where credits are recognized by the Minister of Education pursuant to Article 7 (1) or (2) of the Act on Recognition of Credits, etc.;
6. Where the fact that he/she studied, did research or practiced at other schools, research institutions, industrial enterprises, etc. or worked for any industrial enterprises is recognized.
(2) Necessary matters for recognizing credits pursuant to subparagraph 6 of paragraph (1) such as standards and procedures for credit recognition shall be prescribed by school regulations, as prescribed by Presidential Decree. <Amended by Act No. 12036, Aug. 13, 2013>
[This Article Wholly Amended by Act No. 10866, Jul. 21, 2011]
 Article 23-2 (Transfer Admission)
Any person who has earned credits falling under any of the following subparagraphs or higher than standards set by school regulations may be selected as transfer students, as prescribed by school regulations:
1. Credits he/she has earned from domestic and foreign schools;
2. Credits he/she has earned under the Act on Recognition of Credits, etc.;
3. Credits he has earned under the Lifelong Education Act.
[This Article Wholly Amended by Act No. 10866, Jul. 21, 2011]
 Article 23-3 (Concurrent Support for School and Family)
(1) The State and local governments shall support efforts by students and schools to be able to afford their families and school lives concurrently.
(2) The head of schools shall make efforts to improve practices and systems within schools which obstruct the concurrent support for school and family, and to create the educational environment which may afford school and family concurrently.
[This Article Newly Inserted by Act No. 14054, Mar. 2, 2016]
 Article 23-4 (Leave of Absence from School)
(1) The head of schools may have any student take a leave of absence from school as stipulated by the school regulations, if any student wants to take a leave of absence from school due to any of the following grounds. Provided, That in cases of falling under paragraph (1), he/she shall have him/her take a leave of absence from school:
1. Enlistment or service in the army under Article 73 (1) of the Military Service Act;
2. Long-term recuperation due to the physical and mental disorder;
3. When necessary for rearing children of less than 8 years old (referring to less than second grader of elementary school, in cases where he/she is at school), or where a female student is pregnant or giving birth;
4. Other grounds as stipulated by school regulations.
[This Article Newly Inserted by Act No. 14054, Mar. 2, 2016]
 Article 24 (Branch Schools)
Any founder or operator of a school may establish branch schools in the Republic of Korea or any foreign country after obtaining authorization from the Minister of Education, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 10866, Jul. 21, 2011]
 Article 25 (Research Facilities, etc.)
Schools may build affiliated institutions such as research institutes, etc. for achieving the purposes of their establishment.
[This Article Wholly Amended by Act No. 10866, Jul. 21, 2011]
 Article 26 (Extension Courses)
Schools may offer extension courses intended for those other than students, as determined by school regulations.
[This Article Wholly Amended by Act No. 10866, Jul. 21, 2011]
 Article 27 (Reporting, etc. Doctor’s Degrees Obtained Overseas)
(1) Any person who has obtained a doctor’s degree awarded in any foreign country shall file it with the Minister of Education, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013>
(2) The Minister of Education shall establish an information system on degree courses offered by foreign schools, such as the current status of doctoral degree programs available in foreign schools and whether such degree courses are accredited by the relevant countries, etc. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 10866, Jul. 21, 2011]
SECTION 2 Universities, Colleges and Industrial Colleges
Subsection 1 Universities and Colleges
 Article 28 (Purpose)
The purposes of universities and colleges are to develop students' personality, teach and research the profound theories of science and arts necessary for the development of the State and human society, and methods of application thereof, and to contribute to the State and human society.
[This Article Wholly Amended by Act No. 10866, Jul. 21, 2011]
 Article 29 (Graduate Schools)
(1) Universities and colleges (including industrial colleges, teachers' colleges and cyber colleges; hereafter the same shall apply in this Article) may establish graduate schools: Provided, That cyber colleges may establish graduate schools only if they meet the standards prescribed by Presidential Decree, such as the evaluation on educational circumstances and management of curricula, etc.
(2) Graduate schools may establish research courses which do not grant degrees as necessary, in addition to degree courses.
(3) Matters necessary for degree courses and research courses in universities and colleges and operation thereof shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10866, Jul. 21, 2011]
 Article 29-2 (Types of Graduate Schools)
(1) Graduate schools shall be classified as follows according to their main educational purpose:
1. General graduate schools: Graduate schools, the main educational purpose of which is to learn basic theories of studies and to conduct advanced academic research;
2. Specialized graduate schools: Graduate schools, the main educational purpose of which is to apply practical theories required for training of human resources in the field of specialized vocations and to conduct research and development related thereto;
3. Special graduate schools: Graduate schools, the main educational purpose of which is to provide continuing education for working people or ordinary adults.
(2) Universities (excluding graduate school universities or colleges under Article 30) may have general graduate schools, specialized graduate schools or special graduate schools; industrial colleges and teachers' colleges may have specialized graduate schools or special graduate schools; cyber colleges may have special graduate schools; and graduate school universities or colleges under Article 30 may have either specialized graduate schools or special graduate schools. <Amended by Act No. 12036, Aug. 13, 2013>
(3) Matters concerning the establishment and operation of a law school among the specialized graduate schools under paragraph (1) shall be prescribed separately by other Acts.
[This Article Wholly Amended by Act No. 10866, Jul. 21, 2011]
 Article 29-3 (Combination of Degree Courses)
(1) Universities or colleges which have graduate schools may establish courses combining bachelor's and master's degree courses.
(2) Graduate schools which have courses for doctor's degree may establish courses combining master's and doctor's degree courses.
[This Article Newly Inserted by Act No. 10866, Jul. 21, 2011]
 Article 30 (Graduate School Universities or Colleges)
Where necessary to train experts in a specific field, universities or colleges that have graduate schools only (hereinafter referred to as "graduate school universities or colleges") may be established, notwithstanding the provisions of Article 29 (1).
[This Article Wholly Amended by Act No. 10866, Jul. 21, 2011]
 Article 31 (Term of School Years)
(1) The term of school years for universities, colleges and graduate schools shall be as follows:
1. Bachelor's degree courses: Four to six years: Provided, That the cases where the term of school years shall be made six years shall be prescribed by Presidential Decree;
2. Combined course of a bachelor's and a master's degree: Not less than six years: Provided, That the term of school years shall not be less than that totaling the term of courses for a bachelor's degree and a master's degree;
3. Master's degree courses and doctor's degree courses: Not less than two years, respectively;
4. Combined course of a master's degree and a doctor's degree: Not less than four years, Provided, That the term of school years shall not be less than that totaling the term of courses for a master's degree and a doctor's degree.
(2) Notwithstanding the provisions of paragraphs (1), the term of school years referred to in paragraphs (1) may be reduced for any person who has earned more credits than those required for acquiring a degree pursuant to school regulations, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10866, Jul. 21, 2011]
 Article 32 (Maximum Student Number)
Matters regarding the maximum student number for each university and college (including industrial colleges, teachers' colleges, junior colleges, cyber colleges, technical colleges, and various other kinds of schools) shall be determined by school regulations within the scope prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10866, Jul. 21, 2011]
 Article 33 (Admission Qualifications)
(1) Those who have graduated from high schools or recognized as having equivalent or higher academic background under statutes are qualified to enter universities and colleges (including industrial colleges, teachers' colleges, junior colleges, and cyber colleges, but excluding graduate school universities or colleges).
(2) Those qualified as referred to in paragraph (1) or those who attend the relevant school and meet the standards determined by school regulations are qualified to enter the combined course of a bachelor's degree and a master's degree.
(3) Those who hold a bachelor's degree or those who have been recognized as having equivalent or higher academic background under statutes are qualified to take master's degree courses or combined courses of a master's degree and a doctor's degree of a graduate school.
(4) Those who hold a master's degree or those who have been recognized as having equivalent or higher academic background under statutes are qualified to take doctor's degree courses of a graduate school.
[This Article Wholly Amended by Act No. 10866, Jul. 21, 2011]
 Article 34 (Students Selection Methods)
(1) The head of any university or college (including any industrial college, teachers' college, junior college and cyber college, but excluding any graduate school university or college) shall select students to be admitted through regular selection process or special selection process from among those who have qualifications referred to in Article 33 (1).
(2) Methods of regular or special selections referred to in paragraph (1), a timetable for student selection and matters necessary for the operation thereof shall be prescribed by Presidential Decree.
(3) The Minister of Education may administer examinations prescribed by Presidential Decree for utilization of the outcomes thereof as admission screening data. <Amended by Act No. 11690, Mar. 23, 2013>
(4) With respect to any person who has cheated in an examination under paragraph (3), results of the relevant examination shall become invalid and his/her qualifications to take an examination shall be suspended for one year following the year in which the date on which the relevant examination takes place falls: Provided, That with respect to any person who has committed any minor misconduct determined by the Minister of Education, such as possessing or carrying in any prohibited articles for the fair management of the examination, or failing to comply with any instruction given by the supervisor, his/her qualifications to take an examination shall not be suspended. <Amended by Act No. 11690, Mar. 23, 2013>
(5) No person whose qualifications to take an examination is suspended under paragraph (4) shall sit for an examination referred to in paragraph (3) during the suspension period.
(6) Where any person, whose qualifications to take an examination has been suspended under paragraph (4), intends to sit for an examination referred to in paragraph (3) after the suspension period expires, he/she shall complete at least 20 hours of character education courses, as determined by the Minister of Education. <Amended by Act No. 11690, Mar. 23, 2013>
(7) In preparation of an examination referred to in paragraph (3), a City/Do superintendent of education may entrust the institution in charge of setting examination questions with implementation of a sham examination in a form similar thereto. <Newly Inserted by Act No. 14391, Dec. 20, 2016>
(8) No one shall divulge or circulated all or part of exam questions referred to in paragraphs (3) and (7) before such questions are made public. <Newly Inserted by Act No. 14391, Dec. 20, 2016>
[This Article Wholly Amended by Act No. 10866, Jul. 21, 2011]
 Article 34-2 (Admissions Officer, etc.)
(1) In selecting students that are qualified to enter the relevant school, the head of any university or college under Article 34 (1) may have a school teacher or an employee dedicated to selecting students by extracting and utilizing information about the student's various characteristics and experiences such as records of school register, personality, competence, aptitude, leadership, potential for growth and experience of overcoming difficulties under Article 25 of the Elementary and Secondary Education Act, other than the results of examinations administered by the Minister of Education, as admission screening data. (hereinafter referred to as "admissions officer") <Amended by Act No. 11690, Mar. 23, 2013>
(2) To ensure that the student selection process by a university or college under paragraph (1) contributes to the smooth operation of the elementary and secondary education system and the growth and development of the whole person, the Minister of Education may encourage the head of any university or college and a school corporation or an administrator of private school under Article 2 of the Private School Act to recruit an admissions officer and operate the admissions officer system, and the State may subsidize the recruitment of an admissions officer and operation of the admissions officer system. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Newly Inserted by Act No. 11212, Jan. 26, 2012]
 Article 34-3 (Restriction on Admissions Officer Related to Employment in New Job)
An admissions officer shall not establish or be employed by any private teaching institute under subparagraph 1 of Article 2 of the Act on the Establishment and Operation of Private Teaching Institutes and Extracurricular Lessons shall not establish or be employed by any company specialized in providing counsel for university admission, regardless of its title: Provided, That this shall not apply when an admissions officer obtains approval from the personnel committee under Article 5 of the Educational Officials Act or the teachers' personnel committee under Article 53-3 of the Private School Act.
 Article 34-4 (Admission Fees)
(1) The head of any university or college under Article 34 (1) (hereinafter referred to as “head of any university or college” in this Article) may collect admission fees from any person applying for the regular selection program or special program under the same paragraph (hereinafter referred to as “admission screening” in this Article).
(2) The head of any university or college shall determine admission fees considering detailed information on income and expenditures related to admission screening for the preceding year, the number of applications the university or college received in the year compared to the number of students recruited, etc. in that same year. In such cases, the income and expenditure items related to admission screening and methods of calculation thereof, which serve as standards for determining admission fees, shall be prescribed by Ordinance of the Ministry of Education.
(3) The head of any university or college may reduce or eliminate the admission fees imposed on any persons prescribed by Presidential Decree such as men of national merit and recipients of national basic living stipend, among those applying for admission screening.
(4) Where exceptional circumstances prescribed by Presidential Decree arise, such as the cases where persons applying for the admission screening pay the admission fees by mistake or is not able to apply for the admission screening due to unavoidable causes, the head of any university or college shall return all or some of the admission fees as prescribed by Presidential Decree.
(5) After the completion of admission screening, the head of any university or college shall return the amount of money left over after all expenditures related to admission screening have been subtracted from income related thereto to the persons applying for the admission screening as prescribed by Presidential Decree.
[This Article Newly inserted by Act No. 11766, May. 22, 2013]
 Article 34-5 (Public Announcement of Plans for Selection of Applicants for Admission to University or College)
(1) A school consultative body under Article 10 shall publicly announce basic matters concerning the selection of applicants for admission to each university or college (hereinafter referred to as “basic rules on the selection of applicants for admission to each university or college”) at least six months before the beginning of the school year two years earlier than each admission year.
(2) In order to fairly conduct regular and special selections and provide information about admission to applicants, the head of each university or college under Article 34 (1) shall formulate and publicly announce an implementation plan for the selection of applicants for admission to the university or college (including the ratio of reflection of each type of material for the selection of applicants for admission) at least ten months before the beginning of the school year immediately before each admission year. In such cases, the head of each university or college shall observe the basic rules on the selection of applicants for admission to the university or college.
(3) Notwithstanding paragraphs (1) and (2), the time to publicly announce basic rules on the selection of applicants for admission to each university or college may differ from the time to publicly announce an implementation plan for the selection of applicants for admission to the university or college, as prescribed by Presidential Decree with respect to the school consultative bodies, universities, and colleges specified by Presidential Decree.
(4) Neither a school consultative body that has publicly announced basic rules on the selection of applicants for admission to each university or college under paragraphs (1) and (3) nor the head of a university or college that has publicly announced an implementation plan for the selection of applicants for admission to the university or college under paragraphs (2) and (3) shall amend the basic rules on the selection of applicants for admission to the university or college and the implementation plan for the selection of applicants for admission to the university or college: Provided, That, where an event specified by Presidential Decree occurs, such as the enactment or amendment of the relevant statutes, basic rules on the selection of applicants for admission to each university or college or an implementation plan for the selection of applicants for admission to each university or college may be amended, as prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 12174, Jan. 1, 2014]
 Article 35 (Conferment of Degrees)
(1) Any person who has completed courses determined by school regulations at a university or college (including any industrial college and teachers' college, but excluding any graduate school university or college) shall be granted a bachelor's degree.
(2) Any person who has completed courses determined by school regulations at a graduate school shall be granted a master's degree or doctor's degree for the relevant course.
(3) Any person who leaves a combined course of a master's degree and a doctor's degree before graduation or any person who fails to acquire a doctor's degree but meets the standards for conferment of a master's degree determined by school regulations among those who have finished the same course may be granted a master's degree.
(4) Any person who leaves a combined course of a bachelor's degree and a master's degree before graduation or any person who fails to acquire a master's degree but meets the standards for conferment of a bachelor's degree determined by school regulations among those who have finished the same course may be granted a bachelor's degree.
(5) Any school which has graduate schools that provide doctor's degree courses may grant honorary doctor's degrees.
(6) Matters necessary for kinds and conferment of degrees shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10866, Jul. 21, 2011]
 Article 36 (Part-Time Enrollment)
(1) Universities and colleges (including industrial colleges, junior colleges, and cyber colleges) may have those who have admission qualifications referred to in Article 33 (1) enroll as part-time students and allow them to take lessons at the relevant universities or colleges.
(2) Matters necessary for the method of selecting persons qualified for part-time enrollment pursuant to paragraph (1), the number of students to be enrolled, etc. shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10866, Jul. 21, 2011]
Subsection 2 Industrial Colleges
 Article 37 (Purpose)
The purpose of industrial colleges is to train industrial human resources who will contribute to the development of the State and society by providing an opportunity for higher education to those who intend to undergo continuing education for the research and study of science and arts or expert knowledge or skills required for industrial society.
[This Article Wholly Amended by Act No. 10866, Jul. 21, 2011]
 Article 38 (Term of School Years, etc.)
No restriction shall be placed on the term of school years and the number of school days of any industrial college.
[This Article Wholly Amended by Act No. 10866, Jul. 21, 2011]
 Article 39 Deleted. <by Act No. 12036, Aug. 13, 2013>
 Article 40 (Education Commissioned by or to Enterprises)
(1) Industrial colleges (including industrial junior colleges and cyber colleges; hereafter the same shall apply in this Article) may provide education commissioned by enterprises (including organizations comprised of such enterprises; hereafter the same shall apply in this Article) and commission such enterprises to provide education for their students.
(2) Matters necessary for providing education commissioned to industrial colleges or for commissioning education under paragraph (1) shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10866, Jul. 21, 2011]
 Article 40-2 (Special Cases concerning Establishment of University or College after Closing Industrial College)
Where the State or any educational foundation which has established and operates an industrial college at the time this Act enters into force intends to close the industrial college and establish a university or college, standards for establishment, such as its facilities, equipment, etc. shall satisfy requirements for special cases prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10866, Jul. 21, 2011]
SECTION 3 Teachers' Colleges, etc.
 Article 41 (Purpose)
(1) The purpose of teachers' colleges is to train elementary school teachers.
(2) The purpose of colleges of education at universities and colleges (hereinafter referred to as "colleges of education") is to train secondary school teachers.
(3) Universities and colleges may, where particularly necessary, establish a department of education aiming to train school teachers (hereinafter referred to as "department of education"), as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10866, Jul. 21, 2011]
 Article 42 (Establishment of and Term of School Years for Teachers' Colleges)
(1) Teachers' colleges shall be established by the State or a local government.
(2) The term of school years for teachers' colleges shall be four years.
[This Article Wholly Amended by Act No. 10866, Jul. 21, 2011]
 Article 43 (Comprehensive Teachers' Training Colleges)
(1) The State or a local government may, where particularly necessary, establish colleges which can concurrently accomplish the purposes of both teachers' colleges and colleges of education (hereinafter referred to as "comprehensive teachers' training colleges"), as prescribed by Presidential Decree.
(2) Except as otherwise provided for in any other statute, the provisions regarding teachers' colleges of this Act shall apply mutatis mutandis to comprehensive teachers' training colleges.
[This Article Wholly Amended by Act No. 10866, Jul. 21, 2011]
 Article 44 (Objectives)
The education of teachers' colleges, colleges of education, comprehensive teachers' training colleges and departments of education shall be provided to ensure that students achieve the following objectives to realize the purposes of establishment thereof:
1. To establish firm values and sound teachers' ethics as educators;
2. To learn educational ideas and the detailed methods of practicing them;
3. To establish a foundation for developing the quality and abilities as educators for themselves throughout their lives.
[This Article Wholly Amended by Act No. 10866, Jul. 21, 2011]
 Article 45 (Affiliated Schools)
(1) Teachers' colleges, colleges of education and comprehensive teachers' training colleges shall establish schools for field research and practical exercise of students according to the following classifications:
1. For teachers' colleges: Elementary schools;
2. For colleges of education: Middle schools and high schools;
3. For comprehensive teachers' training colleges: Elementary schools, middle schools, and high schools.
(2) Notwithstanding paragraph (1), national, public or private elementary schools, middle schools, high schools or special schools may substitute for affiliated schools if special grounds exist.
(3) Teachers' colleges, colleges of education and comprehensive teachers' training colleges may establish kindergartens, elementary schools or special schools, where necessary, in addition to affiliated schools referred to in paragraph (1).
(4) Special classes for students in need of special education shall be established at kindergartens, elementary schools, middle schools and high schools affiliated to the teachers' colleges, national or public colleges of education, comprehensive teachers' training colleges.
(5) Article 27 of the Act on Special Education for Persons with Disabilities, etc. shall apply to standards for establishment of special classes referred to in paragraph (4).
[This Article Wholly Amended by Act No. 10866, Jul. 21, 2011]
 Article 46 (Temporary Teacher Training Institutions, etc.)
(1) If necessary for training teachers in a short period of time considering the supply of and demand for teachers, the Minister of Education may establish training institutions for temporary teachers and in-service training institutions for temporary teachers, or authorize the establishment of such institutions, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14391, Dec. 20, 2016>
(2) The Minister of Education shall authorize the establishment of a temporary teacher training institution referred to in paragraph (1), where a teachers’ college, college of education, or comprehensive teachers’ training college makes an application, meeting the following requirements: <Newly Inserted by Act No. 14391, Dec. 20, 2016>
1. Where the facilities, manpower, curriculum, etc. of the relevant institution satisfy the establishment standards referred to in Article 4 (1);
2. Where it is appropriate to establish a temporary teacher training institution, because it is necessary to train teachers in a short period of time, considering the relevant qualifications, educational subjects, demand for education in the relevant district, and so on.
[This Article Wholly Amended by Act No. 10866, Jul. 21, 2011]
SECTION 4 Junior Colleges
 Article 47 (Purpose)
The purpose of junior colleges is to train professionals necessary for developing the State and society by teaching and researching expert knowledge and theories with respect to various fields of society, and cultivating talents.
[This Article Wholly Amended by Act No. 10866, Jul. 21, 2011]
 Article 48 (Term of School Years)
(1) The term of school years for junior colleges shall be two to three years: Provided, That cases where the term of school years shall be made three years shall be prescribed by Presidential Decree.
(2) Notwithstanding paragraph (1), the term of school years may be shortened, as prescribed by Presidential Decree, for a person who has earned credits equal to or more than those determined by school regulations.
[This Article Wholly Amended by Act No. 10866, Jul. 21, 2011]
 Article 49 (Advanced Major Courses)
Junior colleges may establish and operate advanced major courses, as prescribed by Presidential Decree, for the continuing education of persons who have graduated from junior colleges.
[This Article Wholly Amended by Act No. 10866, Jul. 21, 2011]
 Article 50 (Conferment of Degrees)
(1) Any person who has completed courses determined by school regulations at a junior college shall be granted an associate degree.
(2) Kinds of associate degrees and matters necessary for the conferment thereof shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10866, Jul. 21, 2011]
 Article 50-2 (Conferment of Degrees on Advanced Major Courses)
(1) Any person who was admitted to an advanced major program under Article 49 and has completed the courses determined by school regulations may be awarded a bachelor's degree.
(2) Any person who intends to establish and operate advanced major courses for which bachelor's degrees are awarded pursuant to paragraph (1) shall obtain authorization from the Minister of Education. <Amended by Act No. 11690, Mar. 23, 2013>
(3) Any person who graduated from a junior college in the same department and has experience in the related field shall become eligible to apply for an advanced major course under paragraph (1).
(4) Notwithstanding paragraph (3), only the advanced major courses in departments prescribed by Presidential Decree may allow any person who has no career in the related field to be admitted to such courses where the standards prescribed by Presidential Decree are satisfied. <Newly Inserted by Act No. 10633, May 19, 2011>
(5) In order to operate an advanced major course under paragraph (4), designation from the Minister of Education shall be obtained by satisfying the standards prescribed by Presidential Decree relating to educational circumstances. <Newly Inserted by Act No. 10633, May 19, 2011; Amended by Act No. 11690, Mar. 23, 2013>
(6) The Minister of Education may entrust relevant institutions or organizations with evaluations required to receive the designation referred to in paragraph (5). <Newly Inserted by Act No. 10633, May 19, 2011; Amended by Act No. 11690, Mar. 23, 2013>
(7) Types of bachelor's degrees under paragraphs (1) through (3) and matters necessary for the conferment thereof, standards for authorization and details regarding admission qualifications, etc. shall be prescribed by Presidential Decree.<Amended by Act No. 10633, May 19, 2011>
[This Article Wholly Amended by Act No. 10866, Jul. 21, 2011]
 Article 50-3 (Special Cases concerning Duration of Courses and Degree of Courses for Training Medical Personnel)
(1) Notwithstanding Article 48 (1), departments having a four-year course in junior colleges designed to train medical personnel pursuant to Article 2 (1) of the Medical Service Act may be established. <Amended by Act No. 14054, Mar. 2, 2016>
(2) To operate a four-year course pursuant to paragraph (1), the junior colleges shall obtain designation from the Minister of Education by satisfying the standards prescribed by Presidential Decree relating to educational circumstances. <Amended by Act No. 11690, Mar. 23, 2013>
(3) The Minister of Education may entrust relevant institutions or organizations with evaluations required to receive the designation referred to in paragraph (2). <Amended by Act No. 11690, Mar. 23, 2013>
(4) Notwithstanding Article 50 (1), any person who has completed a four-year course determined by school regulations in the department referred to in paragraph (1) shall receive a bachelor's degree. <Amended by Act No. 14054, Mar. 2, 2016>
(5) Types of degrees under paragraph (4) and matters necessary for the conferment thereof shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 10633, May 19, 2011]
 Article 51 (Transfer Admission)
Those who have graduated from junior colleges or recognized as having equivalent or higher academic background under statutes may transfer to universities and colleges, industrial colleges or cyber colleges.
[This Article Wholly Amended by Act No. 10866, Jul. 21, 2011]
 Article 51-2 (Establishment of Affiliated Kindergartens)
Junior colleges (limited to a junior college where a department for training kindergarten teachers is established) may, if necessary for field research and teaching practices under Article 22 (2) of the Early Childhood Education Act, establish affiliated kindergartens.
[This Article Newly Inserted by Act No. 14054, Mar. 2, 2016]
SECTION 5 Cyber Colleges
 Article 52 (Purpose)
The purpose of cyber colleges is to train human resources the State and society need by providing citizens with an opportunity to undergo higher education through distance education via information and communications media, and to contribute to the development of lifelong education by realizing an open learning society.
[This Article Wholly Amended by Act No. 10866, Jul. 21, 2011]
 Article 53 (Content and Duration of Courses at Cyber Colleges)
(1) Cyber colleges may establish associate degree courses and bachelor's degree courses, as prescribed by Presidential Decree
(2) The duration of associate degree courses at cyber colleges shall be two years, and that of bachelor's degree courses shall be four years. <Amended by Act No. 12036, Aug. 13, 2013>
(3) Cyber colleges may shorten the duration of courses referred to in paragraph (2) for any person that has earned more credits than required for attaining a degree pursuant to school regulations, as prescribed by Presidential Decree. <Newly inserted by Act No. 12036, Aug. 13, 2013>
[This Article Wholly Amended by Act No. 10866, Jul. 21, 2011]
 Article 54 (Conferment of Degrees)
(1) Any person who has completed courses determined by school regulations in a bachelor's degree course of a cyber college shall be granted a bachelor's degree.
(2) Any person who has completed courses determined by school regulations in an associate degree course of a cyber college shall be granted an associate degree.
(3) Kinds of degrees under paragraphs (1) and (2) and matters necessary for the conferment thereof shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10866, Jul. 21, 2011]
SECTION 6 Technical Colleges
 Article 55 (Purpose)
The purpose of technical colleges is to train experts equipped with both theories and practical abilities by having industrial workers undergo continuing education for the research and study of expert knowledge and skills in the industrial field.
[This Article Wholly Amended by Act No. 10866, Jul. 21, 2011]
 Article 56 (Courses and Term of School Years for Technical Colleges)
(1) Technical schools shall establish associate degree courses and bachelor's degree courses.
(2) The term of school years for each course referred to in paragraph (1) shall be two years.
[This Article Wholly Amended by Act No. 10866, Jul. 21, 2011]
 Article 57 (Admission Qualifications, etc.)
(1) Persons eligible for taking associate degree courses of technical colleges are those who have worked for any enterprise for at least the period prescribed by Presidential Decree among those who have graduated from high schools or those who have been recognized as having equivalent or higher academic background under statutes.
(2) Persons eligible for taking bachelor's degree courses of technical colleges shall be those who have worked for any enterprise for at least the period prescribed by Presidential Decree among those who have graduated from junior colleges or those who have been recognized as having equivalent or higher academic background under statutes.
(3) Technical colleges shall select students from among those holding qualifications referred to in paragraphs (1) and (2) but the methods of selecting them shall be determined by school regulations, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10866, Jul. 21, 2011]
 Article 58 (Conferment of Degrees)
(1) Any person who has taken associate degree courses of a technical college and completed the courses determined by school regulations shall be granted an associate degree.
(2) Any person who has taken bachelor's degree courses of a technical college and completed the courses determined by school regulations shall be granted a bachelor's degree.
(3) Kinds of degrees referred to in paragraphs (1) and (2) and matters necessary for the conferment thereof shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10866, Jul. 21, 2011]
SECTION 7 Various Kinds of Schools
 Article 59 (Various Kinds of Schools)
(1) The term "various kinds of schools" means educational institutions similar to those listed in subparagraphs 1 through 6 of Article 2.
(2) Various kinds of schools shall not use any name similar to those listed in subparagraphs 1 through 6 of Article 2.
(3) The Minister of Education may delegate his/her authority concerning the establishment and operation of various kinds of national schools to the head of a relevant central administrative agency, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013>
(4) With respect to conferment of degrees at various kinds of schools, among those equivalent to universities and junior colleges, which is recognized as academic qualifications for entry to higher degree courses following designation by the Minister of Education, Article 35 (1) and (6) and Article 50 shall apply mutatis mutandis to various kinds of schools. <Amended by Act No. 11690, Mar. 23, 2013>
(5) Other necessary matters concerning various kinds of schools shall be prescribed by Ordinance of the Ministry of Education. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 10866, Jul. 21, 2011]
CHAPTER IV SUPPLEMENTARY PROVISIONS AND PENALTY PROVISIONS
 Article 60 (Correction or Modification Order, etc.)
(1) If any school violates any education-related statute or order or school regulations thereon in connection with facilities, equipment, classes, school affairs and other matters, the Minister of Education may order the founder, operator or the head of the school to make corrections or modifications within a fixed period. <Amended by Act No. 11690, Mar. 23, 2013>
(2) If any person who has received a corrective order or modification order under paragraph (1) fails to comply therewith within a designated period without good cause, the Minister of Education may cancel or suspend the offenses or take such measures as reducing the maximum number of students allowed to enroll in the relevant school, abolishing departments or suspending recruitment of students at the relevant school, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013>
(3) Where it is obvious that the violation is not able be corrected or modified based on the nature of such act, such as cases in which violation has already been made, the Minister of Education may take measures pursuant to paragraph (2) without issuing corrective order or modification order pursuant to paragraph (1). <Newly inserted by Act No. 12036, Aug. 13, 2013>
[This Article Wholly Amended by Act No. 10866, Jul. 21, 2011]
 Article 61 (Order to Temporarily or Permanently Close Schools)
(1) Where it is deemed impossible to hold classes as usual because of urgent circumstances such as a disaster, the Minister of Education may order the head of the relevant school to suspend classes. <Amended by Act No. 11690, Mar. 23, 2013>
(2) The head of a school that has received such an order under paragraph (1) shall suspend classes without delay.
(3) Where the head of a school fails to suspend classes, notwithstanding the order issued under paragraph (1), or where there exists special reasons, the Minister of Education may issue an order to close the school. <Amended by Act No. 11690, Mar. 23, 2013>
(4) For schools that are temporarily closed pursuant to paragraphs (1) and (2), classes and student attendance shall be suspended during the suspension period, and for schools closed pursuant to paragraph (3), all functions of the schools, except simple management affairs, shall be suspended.
[This Article Wholly Amended by Act No. 10866, Jul. 21, 2011]
 Article 62 (Closure of Schools, etc.)
(1) Where it is deemed impossible to manage school affairs as usual in one of the following situations, the Minister of Education may order the relevant school foundation to close the school: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14148, May 29, 2016>
1. Where the head, founder or operator of a school violates this Act or any order issued under this Act by intention or gross negligence;
2. Where the head, founder or operator of a school violates more than three times this Act or any order issued by the Minister of Education under other education-related Act and subordinate statutes;
3. Where a school fails to hold classes for at least three consecutive months, excluding holidays.
(2) The Minister of Education may order any person that uses the title of a school or recruits students and essentially operates the facility the same way as he/she operates a school, without obtaining authorization to establish a school under Article 4 (2) or a branch school under Article 24, to close such facilities. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 10866, Jul. 21, 2011]
 Article 63 (Hearings)
If the Minister of Education intends to close a school or facility under Article 62, he/she shall hold a hearing. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 10866, Jul. 21, 2011]
 Article 64 (Penalty Provisions)
(1) A person who divulges or circulates all or part of the examination questions before they are made public, in violation of Article 34 (8), shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding 50 million won. <Newly Inserted by Act No. 14391, Dec. 20, 2016>
(2) Any of the following persons shall be punished by imprisonment for not more than three years or by a fine not exceeding 30 million won: <Amended by Act No. 14148, May 29, 2016; Act No. 14391, Dec. 20, 2016>
1. A person who uses the title of a school or recruits students and substantially operates the facilities in the form of school without obtaining authorization for establishing a school under Article 4 (2) or authorization for establishing a branch school under Article 24;
2. A person who fails to obtain authorization for closure or authorization for modification in violation of Article 4 (3);
3. A person who obtains authorization for establishing a school under Article 4 (2), authorization for closure or modification under Article 4 (3) or authorization for establishing a branch school under Article 24 by falsehood or other unjustifiable means.
(3) Any of the following persons shall be punished by imprisonment for not more than one year or by a fine not exceeding ten million won: <Amended by Act No. 14148, May 29, 2016; Act No. 14391, Dec. 20, 2016>
1. A person who grants admission to a person who does not fall under Articles 33 and 57;
2. A person who grants degrees in violation of Article 35 (1) (including cases applied mutatis mutandis in Article 59 (4)) through (4), 50 (1) (including cases applied mutatis mutandis in Article 59 (4)), 54 (1) and (2), or 58 (1) and (2);
3. A person who violates an order for correction or modification under Article 60 (1);
4. A person who violates an order for closure of a school under Article 62 (1).
[This Article Wholly Amended by Act No. 10866, Jul. 21, 2011]
 Article 64-2 (Legal Fiction as Public Official in Applying Penalty Provisions)
When applying Articles 129 through 132 of the Criminal Act, an admissions officer and a supervisor thereof shall be deemed a public official.
[This Article Newly Inserted by Act No. 11212, Jan. 26, 2012]
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on March 1, 1998.
Article 2 (Transitional Measures concerning Universities and Colleges, etc.)
Universities and colleges, teachers' colleges, colleges of education, comprehensive teachers' training colleges, graduate school universities and colleges, junior colleges, technical colleges and various kinds of schools equivalent thereto under the previous Education Act at the time this Act enters into force shall be deemed universities and colleges, teachers' colleges, colleges of education, comprehensive teachers' training colleges, graduate school universities and colleges, junior colleges, technical colleges and various kinds of schools equivalent thereto, respectively, under this Act.
Article 3 (Transitional Measures concerning Open Colleges)
Open colleges under the previous Education Act at the time this Act enters into force shall be deemed industrial colleges under this Act.
Article 4 (Transitional Measures concerning Air and Correspondence Colleges)
Air and correspondence colleges under the previous Education Act at the time this Act enters into force shall be deemed air and correspondence colleges under this Act.
Article 5 (Transitional Measures concerning Departments of Pedagogy Established at Colleges)
Departments of pedagogy established at colleges under the previous Education Act at the time this Act enters into force shall be deemed departments of pedagogy under this Act.
Article 6 (Transitional Measures concerning School Regulations)
School regulations established pursuant to the previous Education Act at the time this Act enters into force shall be deemed established under this Act.
Article 7 (Transitional Measures concerning Graduates)
Persons who have graduated from universities and colleges, open colleges, teachers' colleges, colleges of education, comprehensive teachers' training colleges, junior colleges, air and correspondence colleges and various kinds of schools equivalent thereto pursuant to the previous Education Act at the time this Act enters into force shall be deemed to have graduated from universities and colleges, industrial colleges, teachers' colleges, colleges of education, comprehensive teachers' training colleges, junior colleges, air and correspondence colleges and various kinds of schools equivalent thereto, respectively, under this Act.
Article 8 (Transitional Measures concerning Degrees)
Associate degrees, bachelor's degrees, master's degrees, doctor's degrees and honorary doctor's degrees granted pursuant to the previous Education Act at the time this Act enters into force shall be deemed granted, respectively, pursuant to this Act.
Article 9 (Transitional Measures concerning Conferment of Associate Degrees)
Any person who has graduated from a junior college or has completed courses of an air and correspondence college at the time this Act enters into force may be, on his own request, granted an associate degree.
Article 10 (Transitional Measures concerning Recognition of Academic Background)
Persons who have been recognized as having equivalent or higher academic background as those who have graduated from universities and colleges, open colleges, teachers' colleges, colleges of education, comprehensive teachers' training colleges, junior colleges, air and correspondence colleges or various kinds of schools equivalent thereto under the previous Education Act at the time this Act enters into force shall be deemed to have equivalent or higher academic background as those who have graduated from universities and colleges, industrial colleges, teachers' colleges, colleges of education, comprehensive teachers' training colleges, junior colleges, air and correspondence colleges or various kinds of schools equivalent thereto.
Article 11 (Transitional Measures concerning Penalty Provisions)
The application of the penalty provisions to any act done at the time this Act enters into force shall be governed by the previous Education Act.
Article 12 (Relationship to other Statutes)
Where other statutes cite the previous Education Act or its provisions at the time this Act enters into force and where this Act includes the provisions corresponding thereto, this Act or the relevant provisions of this Act shall be deemed cited in lieu of the previous Education Act or its provisions.
ADDENDUM <Act No. 6006, Aug. 31, 1999>
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of subparagraph 3 of Article 23-2 shall enter into force after the elapse of six months from the date this Act is promulgated.
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.
ADDENDUM <Act No. 6709, Aug. 26, 2002>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 7686, Nov. 8, 2005>
This Act shall enter into force on January 1, 2007.
ADDENDA <Act No. 7699, Nov. 22, 2005>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation.
(2) (Applicability to Sanction Dispositions on Persons Committing Malpractice) The amended provisions of Article 34 (4) through (6) shall apply, starting with the first examination after the enforcement of this Act.
ADDENDA <Act No. 7961, Jul. 19, 2006>
(1) (Enforcement Date) This Act shall enter into force one month after the date of its promulgation.
(2) (Retroactive Application) The amended provisions of Article 34 (4) and (6) shall also apply to any person who has committed any misconduct in any examination held in the year of 2005 under Article 34 (3).
ADDENDUM <Act No. 8240, Jan. 19, 2007>
This Act shall enter into force three months after the date of its promulgation.
ADDENDUM <Act No. 8388, Apr. 27, 2007>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 8483, May 25, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDUM <Act No. 8497, Jul. 13, 2007>
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 23 and 50-2 shall enter into force on January 1, 2008.
ADDENDUM <Act No. 8542, Jul. 27, 2007>
This Act shall enter into force two months after the date of its promulgation.
ADDENDA <Act No. 8638, Oct. 17, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Lifelong Educational Facilities in Form of Cyber Colleges)
(1) In cases where any person who established and operates lifelong educational facilities in the form of a cyber college pursuant to Article 22 (3) of the Lifelong Education Act intends to convert the relevant facilities into a cyber college under this Act, he/she shall file an application with the Minister of Education, Science and Technology and obtain approval thereof.
(2) In cases where the Minister of Education, Science and Technology approves the conversion of lifelong educational facilities in the form of a cyber college into a cyber college under this Act pursuant to paragraph (1), he/she shall evaluate educational circumstances, management of curricula or such of the relevant lifelong educational facilities in the form of a cyber college and reflect the result thereof.
(3) Matters necessary for application for conversion, procedures for evaluation and approval or such under paragraphs (1) and (2) shall be prescribed by Presidential Decree.
Article 3 (Transitional Measures concerning Graduates)
Graduates from the lifelong educational facilities in the form of a cyber college approved pursuant to Article 2 (1) of the Addenda shall be deemed to be graduates from a cyber college under this Act.
Article 4 (Transitional Measures concerning Degree)
A junior bachelor's degree and bachelor's degree granted by the lifelong educational facilities in the form of a cyber college approved for conversion into a cyber college pursuant to Article 2 (1) of the Addenda shall be deemed to have been granted respectively pursuant to this Act.
Article 5 (Transitional Measures concerning Students)
Students in the lifelong educational facilities in the form of a cyber college approved for conversion into a cyber college pursuant to Article 2 (1) of the Addenda shall be deemed to be students in a cyber college under this Act.
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. 8988, Mar. 28, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provision of Article 40-2 shall enter into force six months after the date of its promulgation.
Article 2 (Term of Validity of Special Cases in Establishment of University after Closing Industrial College)
The amended provision of Article 40-2 shall be effective for three years from the enforcement date of this Act.
Article 3 (Special Cases in Establishment of University after Closing Previous Industrial College)
In cases where the State or an educational foundation has established a university after closure of an industrial college before enforcement of the amended provision of Article 40-2, the State or an educational foundation which has established and operates the relevant university may file an application for adjustment of the maximum student number with the Minister of Education, Science and Technology by December 31, 2009 in accordance with the requirements for special cases under the amended provision of Article 40-2. In such cases, the Minister of Education, Science and Technology shall notify the State or the educational foundation of the result thereof within 30 days from the application date. <Newly Inserted by Act No. 9356, Jan. 30, 2009>
Article 4 (Transitional Measures concerning Students of Industrial College to be Closed)
(1) The previous provisions shall apply to students in an industrial college to be closed by the enforcement of this Act.
(2) An industrial college to be closed by the enforcement of this Act shall be deemed to continue to exist for six years from the closing date.
(3) When there is a person who has failed to graduate from a school with good reason within the period of existence from among students of the industrial college closed, he/she may be admitted to another industrial college or the relevant university established after the industrial college is closed.
ADDENDA <Act No. 9356, Jan. 30, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDUM <Act No. 9936, Jan. 22, 2010>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 10413, Dec. 27, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 12 Omitted.
ADDENDA <Act No. 10633, May 19, 2011>
(1) (Enforcement Date) This Act shall enter into force six months after the date of its promulgation.
(2) (Applicability to Designation of Departments for Training Medical Personnel) The amended provisions of Article 50-3 shall apply to students who become enrolled after this Act enters into force: Provided, That the same may be applicable to the students, upon their application, who have been enrolled in the departments at the time such departments are designated to operate courses with four-year term of school years under Article 50-3 (2).
ADDENDA <Act No. 10866, Jul. 21, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 18 (2) shall enter into force on November 20, 2011, Article 3 on December 28, 2011, Articles 6 (2), 21 (1) and 29-3 from the date on which six months lapse after the promulgation of this Act, and Article 14 (2) and Article 3 of the Addenda from the date on which one year lapses after the promulgation of this Act, respectively.
Article 2 (Transitional Measures concerning Abolition of Title of Full-time Instructors)
(1) Full-time instructors under the previous provisions at the time the amended provisions of Article 14 (2) enters into force shall be construed as assistant professors under this Act.
(2) The employment history of a full-time instructor under the previous provisions at the time the amended provisions of Article 14 (2) enters into force shall be construed as that of an assistant professor under this Act.
Article 3 Omitted.
Article 4 (Relationship to other Statutes following Change of Title)
A citation of "full-time instructor" referred to in the Higher Education Act in any other statute at the time this Act enters into force shall be deemed a citation of "assistant professor".
ADDENDUM <Act No. 11043, Sep. 15, 2011>
This Act shall enter into force on November 1, 2011
ADDENDA <Act No. 11066, Sep. 30, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation: Provided, That Article 4 of the Addenda shall enter into force on July 22, 2012.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 11212, Jan. 26, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 14 (2), 14-2 and 17 and Article 3 of the Addenda shall enter into force on January 1, 2018. <Amended by Act No. 11526, Dec. 11, 2012; Act No. 12174, Jan. 1, 2014>
Article 2 (Transitional Measures concerning Part-Time Instructors)
Notwithstanding the amended provisions of Article 17, schools may have any part-time instructor appointed under the previous provisions at the time such amended provisions enter into force continue to engage in education or research until his/her term of appointment expires.
Article 3 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.
ADDENDUM <Act No. 11526, Dec. 11, 2012>
This Act shall enter into force on 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.
ADDENDA <Act No. 11766, May 22, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability of Admission Fees)
The amended provision of Article 34-4 shall apply to the regular selection process or the special selection process conducted after this Act enters into force.
ADDENDA <Act No. 12036, Aug. 13, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provision of Article 29-2 shall enter into force on the date of its promulgation.
Article 2 (Applicability concerning Reduction in Duration of Courses at Cyber Colleges)
The amended provision of Article 53 (3) shall also apply to any person that has earned more credits than those required for acquiring a degree in cyber colleges before this Act enters into force.
ADDENDA <Act No. 12174, Jan. 1, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 34-5 shall enter into force on April 30, 2014.
Article 2 (Applicability to Plans for Selection of Applicants for Admission to University or College)
The amended provisions of Article 34-5 (1) and (2) shall apply to the plans for the selection of applicants for admission to each university or college for the 2017 school year and subsequent school years.
Article 3 (Transitional Measure concerning Public Announcement of Plans for Selection of Applicants for Admission to University or College)
Notwithstanding the amended provisions of Article 34-5 (1) and (2), the basic rules on the selection of applicants for admission to each university or college for the 2016 school year shall be publicly announced by April 30, 2014, while the implementation plan for the selection of applicants for admission to each university or college shall be publicly announced by July 31, 2014.
Article 4 (Special Cases concerning Enrollment Fees)
Article 11 (7) shall not apply to enrollment fees for the school year of 2015 which are set for the national schools established and managed by the State, or established by the State as national university corporations, and the public schools established and managed by local governments under Article 3 of the Act. [This Article Wholly Amended by Act No. 13217, Mar. 13, 2015]
ADDENDA <Act No. 13217, Mar. 13, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDUM <Act No. 13571, Dec. 22, 2015>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 13702, Dec. 31, 2015>
This Act shall enter into force on the date of its promulgation.
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. 14054, Mar. 2, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. Provided, That the amended provisions of the proviso to Article 14-2 (1) of the partial amendment to the Higher Education Act (Act No. 11212) shall enter into force on January 1, 2018.
Article 2 (Transitional Measures concerning School Regulations)
Matters delegated to be set forth in school regulations pursuant to the amended provisions of Article 23-4 shall comply with the previous school regulations until the relevant school regulations are amended within one year from the enforcement date of this Act.
ADDENDA <Act No. 14148, May 29, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Applicability to Frequency Counting on Violation of Order)
The frequency in which the head, founder or operator of a school violates this Act or any order issued by the Minister of Education under other education-related Act and subordinate statute before the enforcement of this Act shall be included in counting the frequency of the violation pursuant to the amended provisions under Article 62 (1) 2.
ADDENDUM <Act No. 14391, Dec. 20, 2016>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 14600, Mar. 21, 2017>
This Act shall enter into force three months after the date of its promulgation.