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SPECIAL ACT ON THE PROMOTION OF PUBLIC EDUCATION NORMALIZATION AND REGULATION ON PRE-CURRICULUM EDUCATION

Act No. 12395, Mar. 11, 2014

Amended by Act No. 14149, May 29, 2016

Act No. 14392, Dec. 20, 2016

 Article 1 (Purpose)
The purpose of this Act is to accomplish the purposes of education specified in the Framework Act on Education and to promote sound physical and mental growth of students by regulating activities inducing pre-curriculum education and pre-curriculum learning by education-related institutions to ensure normal implementation of the curricula of elementary, secondary and high schools providing public education pursuant to the Elementary and Secondary Education Act.
 Article 2 (Definitions)
The terms used in this Act shall be defined as follows: <Amended by Act No. 14149, May 29, 2016>
1. "Education-related institutions" means elementary schools, middle schools, high schools and various other kinds of schools (hereinafter referred to as "schools"), among the schools specified in Article 2 of the Elementary and Secondary Education Act, the schools specified in Article 2 of the Higher Education Act and the higher educational institutions specified in other Acts (hereinafter referred to as "universities, etc.");
2. "Pre-curriculum education" means educational programs generally formulated or provided ahead of any of the following curricula:
(a) National curricula: Curricula determined by the Minister of Education for elementary and secondary schools pursuant to Article 23 (2) of the Elementary and Secondary Education Act;
(b) City/Do curricula: Curricula determined by the Superintendent of the Office of Education (hereinafter referred to as the "Superintendent of Education") of the Special Metropolitan City or of each Metropolitan City, Special Self-Governing City, Do or Special Self-Governing Province (hereinafter referred to as "City/Do") for elementary and secondary schools pursuant to Article 23 (2) of the Elementary and Secondary Education Act;
(c) School curricula: Curricula formulated and implemented by each school pursuant to Article 23 (1) of the Elementary and Secondary Education Act;
3. "Pre-curriculum learning" means learning programs that a learner goes through ahead of a national educational curriculum, City/Do curriculum or school curriculum.
 Article 3 (Relationship to other Acts)
This Act shall take precedence over other Acts regarding pre-curriculum education or pre-curriculum learning.
 Article 3-2 (Duty of Due Care in Interpretation and Application)
Any person who intends to interpret and apply this Act shall perform a duty of due care to avoid unfair infringement on the autonomy of schools and teachers in implementing curricula.
[This Article Newly Inserted by Act No. 14149, May 29, 2016]
 Article 4 (Responsibilities of State and Local Governments)
(1) The State and local governments shall guide and supervise schools so that each school can formulate and implement curricula in line with the objectives and details determined by the State for education, and can fairly assess students' scholastic achievements according to the details of such curricula.
(2) In order to prevent and remove adverse side effects of pre-curriculum education, the State and local governments shall conduct surveys, studies, analysis and run educational programs, formulate a policy for improvement, and prepare other legal and institutional measures, as necessary.
(3) In order to fulfill the responsibilities prescribed in paragraphs (1) and (2), the State and local governments shall provide administrative and financial support, where necessary, and shall take appropriate measures.
 Article 5 (Responsibilities of Heads of Schools)
(1) The head of each school shall ensure that students can sufficiently learn the content of textbooks for the subjects of each established curriculum.
(2) The head of each school shall guide and supervise the school to preclude pre-curriculum education in the school.
(3) The head of each school shall provide parents, students, and teachers with educational programs on a regular basis for preventing pre-curriculum education and pre-curriculum learning.
(4) The head of each school shall formulate and implement a plan for preventing pre-curriculum education and pre-curriculum learning, including the programs prescribed in paragraph (3).
 Article 5-2 (Responsibilities of Teachers)
To protect students' right to learn, no teacher shall require students to do pre-curriculum learning as a prerequisite for students to learn from him/her.
[This Article Newly Inserted by Act No. 14392, Dec. 20, 2016]
 Article 6 (Responsibilities of Parents)
Parents shall assist their children in faithfully attending classes and participating in various activities according to school curricula and shall cooperate with schools in implementing schools' policies.
 Article 7 (Counseling Services of Teachers)
If a teacher finds that the schooling of any of his/her students is adversely affected by private pre-curriculum learning or if any of his/her students complains of physical or mental suffering caused by private pre-curriculum learning, he/she may provide advice or counseling services to parents, etc., as necessary for education.
 Article 8 (Prohibition, etc. against Activities Inducing Pre-Curriculum Education or Pre-Curriculum Learning)
(1) Each school shall establish its curricula in accordance with the national curricula and the relevant City/Do curricula, and shall not operate any educational course ahead of the established curricula. The foregoing shall also apply to any after-school class.
(2) Notwithstanding the latter part of paragraph (1), any school may operate an after-school class ahead of its established curricula in either of the following cases: <Newly Inserted by Act No. 14149, May 29, 2016>
1. Where a high school prescribed in Article 2 of the Elementary and Secondary Education Act organizes and operates an after-school class during holidays of the school prescribed in Article 24 (3) of the Elementary and Secondary Education Act;
2. Where a school in a farm village, mountain village or fishing village, among middle schools and high schools prescribed in Article 2 of the Elementary and Secondary Education Act, or a school in an urban area highly populated with low-income earners and designated in accordance with the procedures, methods, etc. prescribed by Presidential Decree, operates an after-school class.
(3) No school shall engage in the following acts: <Amended by Act No. 14149, May 29, 2016>
1. Including questions for an examination, such as a written test or performance test, from any content beyond the scope and level of the curriculum of students in a certain grade to assess such students' scholastic achievements;
2. Including questions for any of internal competitions from any content beyond the scope and level of the curriculum of students in a certain grade to assess such students' scholastic achievements;
3. Other acts specified by Presidential Decree as similar to those specified above.
(4) No private teaching institute, teaching school or private tutor, defined in Article 2 of the Act on the Establishment and Operation of Private Teaching Institutes and Extracurricular Lessons, shall make an advertisement or conduct promotional activities to induce pre-curriculum learning. <Amended by Act No. 14149, May 29, 2016>
[Article 2 of this Act shall be valid until February 28, 2019 pursuant to Article 2 of the Addenda to Act No. 14149 (May 29, 2016)]
 Article 9 (Entrance Examinations, etc. of Schools)
(1) The contents and methods of an entrance examination administered by any of the schools specified by Presidential Decree, from among the schools independently administering entrance examinations, shall not deviate from the scope and level of the curriculum immediately preceding the stage of entrance into the school.
(2) In administering an entrance examination in accordance with paragraph (1), the head of a school shall reflect school life records in the examination according to the objectives of establishment of, and characteristics of, the school.
(3) In administering an entrance examination in accordance with paragraph (1), no head of a school shall incorporate the following matters into the examination:
1. Results of out-of-school competitions;
2. Results of various examinations for certification;
3. Various qualification certificates;
4. Other matters specified by Presidential Decree as similar to those specified above.
(4) After administering an entrance examination in accordance with paragraph (1), the head of a school shall assess the impact of the entrance examination to find whether the examination induces private pre-curriculum learning and shall reflect findings from the assessment in the entrance examination for the following year.
(5) The head of each school shall submit a report on findings from the assessment of the impact prescribed in paragraph (4) and a plan for incorporating such findings into the entrance examination for the following year to the competent Superintendent of Education.
(6) Upon receipt of reports on the assessment of the impact and the plans for incorporating findings into the entrance examination for the following year pursuant to paragraph (5), the Superintendent of Education may publish such reports and plans, as prescribed by education rules of the relevant City/Do. <Newly Inserted by Act No. 14149, May 29, 2016>
 Article 10 (Entrance Examinations, etc. of Universities, etc.)
(1) In administering independent tests (referring to written tests, such as essays; interviews and oral tests; and aptitude tests and personality tests) as part of an entrance examination in accordance with the Higher Education Act and other relevant statutes, the head of a university or other higher educational institution shall neither include questions from any content beyond the scope and level of the curriculum of high schools, nor assess students' scholastic aptitude with such questions. <Amended by Act No. 14149, May 29, 2016>
(2) After administering independent tests prescribed in paragraph (1), the head of a university or other higher educational institution shall assess the impact of such tests to find out whether such tests induce pre-curriculum learning and shall incorporate the findings from such assessment into the entrance examination for the following year, subject to deliberation by the committee for the assessment of the impact on entrance examinations prescribed in Article 10-2. <Amended by Act No. 14149, May 29, 2016>
(3) The head of a university or other higher educational institution shall disclose findings from the assessment of the impact prescribed in paragraph (2) and the plan for incorporating such findings into the entrance examination for the following year by posting them on the website of the university or higher educational institution.
 Article 10-2 (Committees for Assessment of Impacts on Entrance Examinations of Universities, etc.)
(1) In order to deliberate on matters concerning the methods and procedures for assessing the impact prescribed in Article 10 (2), the details of such assessment, etc., the head of each university or higher educational institution shall establish and operate a committee for the assessment of the impact on entrance examinations.
(2) Matters necessary for organizing and operating a committee for the assessment of the impact on entrance examinations administered under paragraph (1) shall be prescribed by school rules of each university or higher educational institution: Provided, That at least one committee member shall be appointed from among current teachers from high schools.
[This Article Newly Inserted by Act No. 14149, May 29, 2016]
 Article 11 (Committee for Deliberation on Normalization of Curricula)
(1) In order to examine major issues for preventing pre-curriculum education in national schools and universities, etc. and adopt resolutions on such issues, the Minister of Education shall establish a committee for deliberation on normalization of curricula as an organization affiliated to the Ministry (hereinafter referred to as the "curricula committee").
(2) The curricula committee shall examine the following matters and resolve on such matters:
1. Implementing the national curricula;
2. Measures for precluding pre-curriculum education;
3. Assessing the impacts of national schools and universities, etc. on pre-curriculum learning;
4. Whether an act has induced pre-curriculum education or pre-curriculum learning;
5. Other matters that the Minister of Education requests the curricula committee to examine.
(3) The curricula committee shall notify the Minister of Education of the results of its examination on the matters specified in paragraph (2) without delay.
(4) The Minister of Education shall approve the results of the examination notified under paragraph (3): Provided, That, if the Minister of Education has an objection to the results of the examination, he/she may request the curricula committee to review relevant issues and shall accept the results of the review.
(5) The curricula committee shall be comprised of not more than 15 persons, including one chairperson and one vice chairperson.
(6) Committee members shall be appointed or commissioned by the Minister of Education from among the following persons:
1. Relevant public officials of the Ministry of Education or the relevant City/Do Office of Education;
2. Persons with relevant expertise in curricula, learning theories, entrance examinations of universities, etc.;
3. Parents, members of parents' associations and other persons with abundant knowledge and experience.
(7) The term of office of each committee member shall be two years but may be renewed consecutively only once: Provided, That, the term of office of a committee member appointed from among public officials shall coincide with the period of service in his/her position as at the time of appointment.
(8) Other matters necessary for organizing and operating the curricula committee shall be prescribed by Presidential Decree.
 Article 12 (City/Do Committee for Deliberation on Normalization of Curricula)
(1) In order to examine major issues for preventing pre-curriculum education in schools and adopt resolutions on such issues, each Superintendent of Education shall establish a committee for deliberation on normalization of curricula as an organization affiliated to the Office of Education (hereinafter referred to as the "City/Do curricula committee"). In such cases, a committee for deliberation on normalization of curricula may be established in each Branch Office of Education prescribed in Article 34 (1) of the Local Education Autonomy Act according to local conditions, the number of schools and private teaching institutes, etc.
(2) Each City/Do curricula committee shall examine the following matters and resolve on such matters:
1. Implementing the City/Do curricula and school curricula;
2. Measures for precluding pre-curriculum education in schools;
3. Assessing the impacts of schools on pre-curriculum learning;
4. Whether an act has induced pre-curriculum education or pre-curriculum learning;
5. Other matters that the Superintendent of Education requests the curricula committee to examine.
(3) Each City/Do curricula committee shall notify the Superintendent of Education of the results of its examination on the matters specified in paragraph (2) without delay.
(4) The Superintendent of Education shall approve the results of the examination notified under paragraph (3): Provided, That, if the Superintendent of Education has any objection to the results of the examination, he/she may request the City/Do curricula committee to review relevant issues and shall accept the results of the review.
(5) Each City/Do curricula committee shall be comprised of not more than 15 persons, including one chairperson and one vice chairperson.
(6) Other matters necessary for organizing and operating City/Do curricula committees shall be prescribed by Presidential Decree.
 Article 13 (Guidance, Supervision, etc. by Minister of Education or Superintendent of Education)
(1) The Minister of Education or any Superintendent of Education may inspect education-related institutions to determine whether they violate any provision of Articles 8 through 10 to guide and supervise them under Article 4 (1), as prescribed by Presidential Decree.
(2) Where the Minister of Education or any Superintendent of Education inspects an education-related institution prescribed in paragraph (1), the education-related institution shall faithfully comply with requests of the Minister of Education or the Superintendent of Education to submit relevant materials, etc.
 Article 14 (Order of Correction or Modification)
(1) If an education-related institution violates any provision of Articles 8 through 10 and 10-2, the Minister of Education or the competent Superintendent of Education may order such education-related institution to correct or modify such violation within the specified period, according to the findings from the examination by the curricula committee prescribed in Article 11 or the relevant City/Do curricula committee prescribed in Article 12. <Amended by Act No. 14149, May 29, 2016>
(2) If any education-related institution ordered to correct or modify a violation prescribed in paragraph (1) fails to comply with such order within the specified period without extenuating circumstances, the Minister of Education or the competent Superintendent of Education shall request the disciplinary committee established pursuant to Article 50 of the Educational Officials Act or Article 62 of the Private School Act to adopt a resolution on disciplinary measures, as prescribed by Presidential Decree.
(3) If any education-related institution ordered to correct or adjust a violation prescribed in paragraph (1) does not comply with the order within the specified period without extenuating circumstances, the Minister of Education or the competent Superintendent of Education may take measures to discontinue or reduce financial subsidies to the education-related institution, reduce the prescribed number of students, reduce or abolish classes or departments, or suspend admission of students, as prescribed by Presidential Decree, if the violation is serious.
 Article 15 (Objection)
If any education-related institution has an objection to an order of correction or adjustment issued under Article 14 (1) or to a measure taken under Article 14 (3), it may file an objection with the Minister of Education or the competent Superintendent of Education, as prescribed by Presidential Decree.
 Article 16 (Exemption from Application of the Act)
This Act shall not apply to the following cases:
1. Education of gifted persons by educational institutions for the gifted under the Gifted Education Promotion Act;
2. Persons eligible for early promotion or early graduation prescribed in Article 27 (1) of the Elementary and Secondary Education Act;
3. Subjects (groups) related to sports and arts, subjects (groups) related to technical studies and domestic science, practical subjects, subjects (groups) related to second foreign languages, literature in Chinese, liberal arts, and specialized subjects;
4. Other cases specified by Presidential Decree.
 Article 17 (Delegation of Authority)
The authority of each Superintendent of Education prescribed in this Act may be partially delegated to the superintendent of the office of education of each Si/Gun/Gu, as prescribed by Presidential Decree.
ADDENDUM
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 14149, May 29, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 (Period of Validity)
The amended provisions of Article 8 (2) shall be valid under February 28, 2019.
ADDENDUM <Act No. 14392, Dec. 20, 2016>
This Decree shall enter into force on the date of its promulgation.