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ENFORCEMENT DECREE OF THE ELEMENTARY AND SECONDARY EDUCATION ACT

Presidential Decree No. 15664, Feb. 24, 1998

Amended by Presidential Decree No. 15772, Apr. 11, 1998

Presidential Decree No. 16137, Feb. 27, 1999

Presidential Decree No. 16522, Aug. 7, 1999

Presidential Decree No. 16729, Feb. 28, 2000

Presidential Decree No. 17023, Dec. 27, 2000

Presidential Decree No. 17115, Jan. 29, 2001

Presidential Decree No. 17142, Mar. 2, 2001

Presidential Decree No. 17390, Oct. 20, 2001

Presidential Decree No. 17895, Jan. 29, 2003

Presidential Decree No. 18282, Feb. 17, 2004

Presidential Decree No. 18312, Mar. 17, 2004

Presidential Decree No. 18551, Sep. 23, 2004

Presidential Decree No. 18690, Jan. 29, 2005

Presidential Decree No. 19057, Sep. 29, 2005

Presidential Decree No. 19507, jun. 12, 2006

Presidential Decree No. 19655, Aug. 24, 2006

Presidential Decree No. 19856, Feb. 1, 2007

Presidential Decree No. 20003, Apr. 12, 2007

Presidential Decree No. 20056, May 16, 2007

Presidential Decree No. 20116, jun. 28, 2007

Presidential Decree No. 20635, Feb. 22, 2008

Presidential Decree No. 20740, Feb. 29, 2008

Presidential Decree No. 20790, May 26, 2008

Presidential Decree No. 20792, May 27, 2008

Presidential Decree No. 21087, Oct. 20, 2008

Presidential Decree No. 21102, Nov. 5, 2008

Presidential Decree No. 21162, Dec. 12, 2008

Presidential Decree No. 21214, Dec. 31, 2008

Presidential Decree No. 21215, Dec. 31, 2008

Presidential Decree No. 21375, Mar. 27, 2009

Presidential Decree No. 21688, Aug. 18, 2009

Presidential Decree No. 21767, Oct. 7, 2009

Presidential Decree No. 21809, Nov. 5, 2009

Presidential Decree No. 22062, Feb. 26, 2010

Presidential Decree No. 22151, May 4, 2010

Presidential Decree No. 22234, jun. 29, 2010

Presidential Decree No. 22542, Dec. 27, 2010

Presidential Decree No. 22625, Jan. 17, 2011

Presidential Decree No. 22712, Mar. 18, 2011

Presidential Decree No. 22955, jun. 7, 2011

Presidential Decree No. 23184, Sep. 30, 2011

Presidential Decree No. 23241, Oct. 25, 2011

Presidential Decree No. 23303, Nov. 23, 2011

Presidential Decree No. 23314, Nov. 23, 2011

Presidential Decree No. 23396, Dec. 28, 2011

Presidential Decree No. 23435, Dec. 30, 2011

Presidential Decree No. 23658, Mar. 13, 2012

Presidential Decree No. 23746, Apr. 20, 2012

Presidential Decree No. 23975, Jul. 24, 2012

Presidential Decree No. 24810, Oct. 30, 2013

Presidential Decree No. 25050, Dec. 30, 2013

Presidential Decree No. 25184, Feb. 18, 2014

Presidential Decree No. 25375, jun. 11, 2014

Presidential Decree No. 25532, Aug. 6, 2014

Presidential Decree No. 25840, Dec. 9, 2014

Presidential Decree No. 25819, Dec. 9, 2014

Presidential Decree No. 25918, Dec. 30, 2014

Presidential Decree No. 25961, Jan. 6, 2015

Presidential Decree No. 26521, Sep. 15, 2015

Presidential Decree No. 26551, Sep. 25, 2015

Presidential Decree No. 26683, Nov. 30, 2015

Presidential Decree No. 26855, Dec. 31, 2015

Presidential Decree No. 27056, Mar. 25, 2016

Presidential Decree No. 27252, jun. 21, 2016

Presidential Decree No. 27424, Aug. 2, 2016

Presidential Decree No. 27546, Oct. 18, 2016

Presidential Decree No. 27616, Nov. 29, 2016

Presidential Decree No. 27751, Dec. 30, 2016

Presidential Decree No. 27773, Jan. 10, 2017

Presidential Decree No. 27960, Mar. 27, 2017

Presidential Decree No. 28012, May 8, 2017

Presidential Decree No. 28112, jun. 20, 2017

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Decree is to provide for matters delegated by the Elementary and Secondary Education Act and matters necessary for the enforcement thereof. <Amended by Presidential Decree No. 19057, Sep. 29, 2005>
 Article 2 (Establishment Standards for Schools)
Matters on the establishment standards for schools such as facilities and equipment to be furnished by any person who intends to establish a school pursuant to Article 4 (1) of the Elementary and Secondary Education Act (hereinafter referred to as the "Act") shall be separately determined by Presidential Decree. <Amended by Presidential Decree No. 19057, Sep. 29, 2005>
 Article 3 (Application for Authorization on Establishment of Private Schools)
Any person who intends to be authorized to establish a private school pursuant to Article 4 (2) of the Act shall submit an application for the establishment of the school to the Superintendent of an Office of Education of any Special Metropolitan City, Metropolitan City, Metropolitan Autonomous City, Do or Special-Self Governing Province (hereinafter referred to as the "Superintendent of an Office of Education"), stating the purpose of establishment, name and location of the school, opening date of the school, etc., accompanied by the following documents (including electronic documents), as prescribed by Ordinance of the Ministry of Education. In such cases, the Superintendent of an Office of Education shall check the cadastral map of a school site and practice site, and the register of an educational foundation by sharing administrative information pursuant to Article 36 (1) of the Electronic Government Act:
1. School regulations;
2. Expenses and maintenance method;
3. Arrangement plan and floor plan of school buildings (including gymnasiums);
4. A plan for an annex school to be established, if any;
5. Where the founder is a corporation, documents on contributions;
6. Where the founder is a private person, documents on the payment of expenses and capacity for repayment;
7. Documents on facilities and other documents prescribed by Ordinance of the Ministry of Education.
[This Article Wholly Amended by Presidential Decree No. 25961, Jan. 6, 2015]
 Article 4 (Application for Authorization on Closure of Private Schools)
Any founder or manager of a private school who intends to obtain authorization on the closure of the private school pursuant to Article 4 (3) of the Act shall submit an application to the Superintendent of an Office of Education, stating the causes for closure, date of closure, etc., accompanied by the following documents (including electronic documents), as prescribed by Ordinance of the Ministry of Education:
1. Documents on dealing with students and the school register;
2. Documents on the disposal of property of the private school to be closed and other documents prescribed by Ordinance of the Ministry of Education.
[This Article Wholly Amended by Presidential Decree No. 25961, Jan. 6, 2015]
 Article 5 (Application for Authorization on Modification of Authorized Matters of Private Schools)
(1) "Important matters prescribed by Presidential Decree" in Article 4 (3) of the Act means the following:
1. Founder of the school;
2. Objectives of establishment of the school;
3. Name of the school;
4. Location of the school;
5. Cadastral map of a school site and practice site;
6. Expenses required for the school and maintenance method;
7. Floor plan of school buildings (including gymnasiums);
8. A plan for an annex school to be established, if any;
(2) Any founder or manager of a private school who intends to obtain authorization on modification pursuant to Article 4 (3) of the Act shall submit an application to the Superintendent of an Office of Education, stating the causes for modification, modified matters, date of the modification, etc., accompanied by the documents (including electronic documents) related to the modification, as prescribed by Ordinance of the Ministry of Education.
[This Article Wholly Amended by Presidential Decree No. 25961, Jan. 6, 2015]
 Article 6 Deleted. <by Presidential Decree No. 18690, Jan. 29, 2005>
 Article 7 (Annex School)
Necessary matters for the operation of annex schools referred to in Article 5 of the Act shall be determined by the guidance and supervisory agency referred to in Article 6 of the Act (hereinafter referred to as "competent authorities") to the extent of Acts and subordinate statutes.
 Article 8 (Guidance for Encouragement of Learning)
In conducting guidance for encouragement of learning under Article 7 of the Act, the Superintendent of an Office of Education shall establish, each school year, detailed plans concerning those subject to guidance, the procedures, items and methods of guidance, and the disposition of results, and shall notify targeted schools thereof in advance. <Amended by Presidential Decree No. 17115, Jan. 29, 2001; Presidential Decree No. 20740, Feb. 29, 2008; Presidential Decree No. 24423, Mar. 23, 2013; Presidential Decree No. 24810, Oct. 30, 2013>
 Article 9 (Matters, etc. to be Specified in School Regulations)
(1) School regulations (hereinafter referred to as "school regulations") referred to in Article 8 of the Act shall specify the following matters: <Amended by Presidential Decree No. 18690, Jan. 29, 2005; Decree No. 22712, Mar. 18, 2011; Presidential Decree No. 23746, Apr. 20, 2012; Presidential Decree No. 24148, Oct. 29, 2012>
1. The term of study, academic years, semesters and holidays;
2. The organization of classes and the number of students;
3. Subjects, the number of school days and examinations, and recognition of completion of a course;
4. Admission, re-admission, transfer, academic leave, expulsion, completion of a course, and graduation;
5. Early promotion to a higher grade, early graduation, and granting qualifications for early admission to a school of higher grade;
6. Collection of tuition fees, admission fees, or other expenses;
7. Awarding and punishing students, methods of disciplines, other than punishment, appearances, including hair and clothes, examination of personal effects necessary for educational purposes, use of electronic devices, including mobile phones, and matters concerning students' school life such as protecting education and research activities in a school and keeping orders, etc;
8. The organization and operation of students' activities;
9. Amendment procedures of school regulations;
10. Other matters prescribed by Acts and subordinate statutes.
(2) Deleted. <by Presidential Decree No. 18690, Jan. 29, 2005>
(3) School regulations of a school which has established and manages the following schools, departments, courses or facilities shall include matters on their establishment, in addition to the matters referred to in each subparagraph of paragraph (1): <Amended by Presidential Decree No. 24377, Feb. 15, 2013>
1. Annex schools under Article 5 of the Act;
2. Air and correspondence middle schools under Article 43-2 of the Act or air and correspondence high schools under Article 51 of the Act;
3. Departments under Article 48 of the Act;
4. Part-time or correspondence courses under Article 49 of the Act;
5. Dormitories.
(4) The head of a school shall, in advance, hear the opinions of students, parents and school teachers when enacting or amending school regulations concerning matters referred to in paragraph (1), 7 through 9, as prescribed by school regulations and endeavor to reflect such opinions. <Newly Inserted by Presidential Decree No. 22712, Mar. 18, 2011; Presidential Decree No. 23746, Apr. 20, 2012; Presidential Decree No. 24377, Feb. 15, 2013>
 Article 10 (Assessment of Students)
Matters necessary for assessing the academic achievement of students under Article 9 (1) of the Act shall be determined by the Minister of Education. <Amended by Presidential Decree No. 17115, Jan. 29, 2001; Presidential Decree No. 20740, Feb. 29, 2008; Presidential Decree No. 24423, Mar. 23, 2013>
 Article 11 (Classification of Institutions to be Assessed)
(1) The assessment of the Offices of Education which belong to the Special Metropolitan City, Metropolitan Cities, Metropolitan Autonomous Cities, Dos, and Special Self-Governing Province (hereinafter referred to as "Cities/Dos") under Article 9 (2) of the Act (hereinafter referred to as "assessment of City/Do Offices of Education") may be conducted by classifying them into Offices of Education of the Special Metropolitan City, Metropolitan Cities and Metropolitan Autonomous Cities, and City/Do Offices of Education, in consideration of the difference of educational circumstances by region. <Amended by Presidential Decree No. 24377, Feb. 15, 2013>
(2) The assessment of schools referred to in Article 9 (2) and (3) of the Act (hereinafter referred to as "assessment of school") shall be conducted for national, public, and private elementary schools, middle schools, high schools, and special schools, and such assessment may be conducted by type of school based on their features, such as the number of students and the circumstances of each region. <Amended by Presidential Decree No. 24377, Feb. 15, 2013>
(3) The assessment of educational administrative agencies under the jurisdiction of the Superintendent of an Office of Education under Article 9 (3) of the Act (hereinafter referred to as "assessment of district offices of education”) may be conducted by type of district offices of education, based on the scale of districts under his/her jurisdiction. <Newly Inserted by Presidential Decree No. 24377, Feb. 15, 2013; Presidential Decree No. 25375, Jun. 11, 2014>
[This Article Wholly Amended by Presidential Decree No. 22712, Mar. 18, 2011]
 Article 12 (Standards for Assessment)
(1) The assessment of a City/Do Office of Education and a district office of education shall be conducted, based on each of the following: <Amended by Presidential Decree No. 24377, Feb. 15, 2013; Presidential Decree No. 24423, Mar. 23, 2013; Presidential Decree No. 25375, Jun. 11, 2014>
1. Organization and operation of the budget;
2. Establishment and operation of schools and educational institutions;
3. Support for school education support and educational achievement;
4. Education welfare of students and school personnel;
5. Other matters deemed necessary by the Minister of Education or the Superintendent of an Office of Education.
(2) The assessment of schools shall be conducted, based on each of the following: <Amended by Presidential Decree No. 24377, Feb. 15, 2013; Presidential Decree No. 24423, Mar. 23, 2013>
1. Operation of curricula and teaching and learning methods;
2. Educational activities and educational achievement;
3. Other matters deemed necessary by the Minister of Education or the Superintendent of an Office of Education.
[This Article Wholly Amended by Presidential Decree No. 22712, Mar. 18, 2011]
 Article 13 (Procedures, Disclosure, etc. of Assessment)
(1) The Minister of Education shall establish a master plan for the assessment of City/Do Offices of Education and announce it before every school year begins. <Amended by Presidential Decree No. 17115, Jan. 29, 2001; Presidential Decree No. 20740, Feb. 29, 2008; Presidential Decree No. 24377, Feb. 15, 2013; Presidential Decree No. 24423, Mar. 23, 2013>
(2) The Superintendent of an Office of Education shall establish a master plan for the assessment of district offices of education and announce it before every school year begins. <Amended by Presidential Decree No. 24377, Feb. 15, 2013; Presidential Decree No. 25375, Jun. 11, 2014>
(3) The assessment of City/Do Offices of Education, district offices of education and schools shall be conducted by quantitative assessment, by using materials stored in the educational information system referred to in Article 30 (4) of the Act and public information referred to in Article 5 of the Act on Special Cases concerning the Disclosure of Information by Education-Related Institutions: Provided, That if it is deemed impracticable to make accurate assessment only by qualitative assessment, it may be accompanied by qualitative assessment conducted by using a written assessment, questionnaires, interviews with the relevant persons, etc. <Newly Inserted by Presidential Decree No. 22712, Mar. 18, 2011; Presidential Decree No. 24377, Feb. 15, 2013; Presidential Decree No. 25375, Jun. 11, 2014>
(4) Except in cases deemed specifically necessary, the Minister of Education or the Superintendent of an Office of Education shall disclose the results of the assessment. <Amended by Presidential Decree No. 17115, Jan. 29, 2001; Presidential Decree No. 20740, Feb. 29, 2008; Presidential Decree No. 22712, Mar. 18, 2011; Presidential Decree No. 24377, Feb. 15, 2013; Presidential Decree No. 24423, Mar. 23, 2013>
(5) Except as otherwise expressly prescribed in this Decree, matters necessary for the assessment under Article 9 (2) of the Act shall be determined by the Minister of Education, and matters necessary for the assessment under Article 9 (3) of the Act shall be determined by the Superintendent of an Office of Education. <Amended by Presidential Decree No. 24377, Feb. 15, 2013; Presidential Decree No. 24423, Mar. 23, 2013>
 Article 13-2 (Matters to be Examined through Educational Statistics Survey)
Matters to be examined through an educational statistics survey on elementary and secondary education under Article 11-2 (1) of the Act (hereinafter referred to as "educational statistics survey") shall be as follows:
1. The names, types, locations, and current state of facilities, etc. of schools;
2. Matters concerning students and graduates;
3. Matters concerning teachers and personnel;
4. Matters concerning the personnel of educational administrative agencies related to elementary and secondary education;
5. Matters concerning the financial affairs of educational administrative agencies related to elementary and secondary education;
6. Other matters that the Minister of Education deems necessary for educational statistics survey.
[This Article Newly Inserted by Presidential Decree No. 28112, Jun. 20, 2017]
 Article 13-3 (Procedures for Educational Statistics Survey, Disclosure of Result thereof, etc.)
(1) Educational statistics surveys shall be conducted by classifying them into periodic surveys and occasional surveys.
(2) Periodic surveys shall be conducted as of April 1 and October 1 each year, and occasional surveys shall be conducted when deemed necessary by the Minister of Education.
(3) The Minister of Education shall finalize the guidelines for educational statistics survey including the standardized classification system of the survey before the base date of periodic survey referred to in paragraph 2, and shall notify the Superintendent of an Office of Education and the heads of schools of each level, thereof.
(4) The Superintendent of an Office of Education and the heads of schools of each level shall prepare data in accordance with the guidelines for educational statistics survey referred to in paragraph (3) and submit the data to the Minister of Education within 30 days from the base date of the survey referred to in paragraph (2).
(5) Where it is necessary to correct or supplement the data received pursuant to paragraph (4), the Minister of Education may request the Superintendent of an Office of Education or the heads of schools of each level to correct and supplement it.
(6) Upon completion of an educational statistics survey, the Minister of Education shall disclose the result thereof in a way that can be widely disseminated, such as posting on the website of the Ministry of Education.
(7) In order to collect and manage educational statistics data, the Minister of Education may establish and operate a system that processes, records and manages information on educational statistics by integrating and connecting them (hereinafter referred to as "educational statistics survey system").
(8) The Minister of Education may exchange and cooperate with international organizations, foreign governments or foreign organizations for the development of educational statistics.
(9) Except as otherwise expressly provided for in paragraphs (1) through (8), matters necessary for educational statistics survey shall be determined by the Minister of Education.
[This Article Newly Inserted by Presidential Decree No. 28112, Jun. 20, 2017]
 Article 13-4 (Designation of National Educational Statistics Center and Entrustment of Affairs)
(1) Pursuant to Article 11-2 (8) of the Act, the Minister of Education shall designate the Korean Educational Development Institute established under the Act on the Establishment, Operation and Fostering of Government-Funded Research Institutes, Etc. (hereinafter referred to as the "Korean Educational Development Institute") as the national educational statistics center.
(2) Pursuant to Article 11-2 (8) of the Act, the Minister of Education shall entrust the following affairs to the Korean Educational Development Institute:
1. Affairs related to educational statistics survey under Article 11-2 (1) of the Act;
2. Affairs related to the production of education-related indicators, prediction statistics, etc. under Article 11-2 (7) of the Act;
3. Affairs related to the establishment and operation of an educational statistics survey system under Article 13-3 (7).
[This Article Newly Inserted by Presidential Decree No. 28112, Jun. 20, 2017]
CHAPTER II COMPULSORY EDUCATION
 Article 14 (Consultation of Entrustment)
(1) Where the Superintendent of an Office of Education intends to establish and manage elementary schools, middle schools and special schools jointly with any adjoining local government, or to entrust education for some of those subject to compulsory education pursuant to Article 12 (3) of the Act, he/she shall consult with the Superintendent of the relevant Office of Education on the school location, zones entrusted, sharing expenses, and other necessary matters. In such cases, matters concerning expenses to be incurred in relation to entrustment of compulsory education at middle schools and the calculation of such expenses shall be governed by the Minister of Education. <Amended by Presidential Decree No. 17115, Jan. 29, 2001; Presidential Decree No. 20740, Feb. 29, 2008; Presidential Decree No. 24423, Mar. 23, 2013>
(2) Where no agreement is reached through consultation under the former sentence of paragraph (1), they may be determined by the Minister of Education. <Amended by Presidential Decree No. 17115, Jan. 29, 2001; Presidential Decree No. 20740, Feb. 29, 2008; Presidential Decree No. 24423, Mar. 23, 2013>
 Article 15 (Making List of Schoolchildren)
(1) The head of an Eup/Myeon/Dong shall investigate children living in his/her jurisdiction as of October 1 every year who reach six years of age from January 1 to December 31 of the year (excluding those who are going to school by entering an elementary school in the next year of the year to which the date on which they reach five years of age belongs pursuant to the forepart of Article 13 (2) of the Act) and make a list of schoolchildren by October 31 of the year. In such cases, children excluded from a list of schoolchildren because they have requested postponement of entering a school in the year to which the date on which they reach six years of age belongs pursuant to paragraph (3) shall be included therein. <Amended by Presidential Decree No. 20792, May 27, 2008>
(2) Any guardian of sons and daughters or children who wish to enter a school in the next year of the year to which the date on which they reach five years of age belongs shall file an application for early entrance to a school with the head of an Eup/Myeon/Dong from October 1 to December 31 of the year to which the date on which they reach five years of age belongs, pursuant to the former part of Article 13 (2) of the Act. <Newly Inserted by Presidential Decree No. 20792, May 27, 2008>
(3) Any guardian of sons and daughters or children who wish to enter a school in the next year of the year to which the date on which they reach seven years of age belongs shall file an application for postponement of entrance to a school with the head of an Eup/Myeon/Dong from October 1 to December 31 of the year to which the date on which they reach six years of age belongs, pursuant to the former part of Article 13 (2) of the Act. <Newly Inserted by Presidential Decree No. 20792, May 27, 2008>
(4) The head an Eup/Myeon/Dong who has received an application for early entrance to a school pursuant to paragraph (2) or an application for postponement of entrance to a school pursuant to paragraph (3) shall record children subject to early entrance to a school in a list of schoolchildren, and exclude children subject to postponement of entrance to a school from a list of schoolchildren. In such cases, the list of children subject to postponement of school entrance shall be submitted to the head of the district office of education. <Newly Inserted by Presidential Decree No. 20792, May 27, 2008; Presidential Decree No. 27546, Oct. 18, 2016>
(5) Where the head of an Eup/Myeon/Dong makes a list of schoolchildren pursuant to paragraph (1), he/she shall take necessary measures so that any child's guardian can inspect it for a specified period of not less than ten days. <Amended by Presidential Decree No. 20792, May 27, 2008>
(6) The head of an Eup/Myeon/Dong shall, if a prospective schoolchild on March 1 next year moves into his/her jurisdiction after the basic date on which a list of schoolchildren referred to in paragraph (1) has been made, enter him/her without delay in a list of schoolchildren. <Amended by Presidential Decree No. 20792, May 27, 2008>
(7) Matters necessary for the investigation and making a list of schoolchildren under the provisions of paragraphs (1) through (6) shall be determined by the Superintendent of an Office of Education. <Amended by Presidential Decree No. 17115, Jan. 29, 2001; Presidential Decree No. 19856, Feb. 1, 2007; Presidential Decree No. 20792, May 27, 2008>
 Article 16 (Notification of Entrance Date)
(1) The head of the district office of education shall determine the entrance date and school districts of prospective schoolchildren in the following year and notify the head of an Eup/Myeon/Dong by November 30 of the preceding year of the year to which the date of entrance to a school belongs: Provided, That the school districts of elementary school attached to teachers' colleges, colleges of education, comprehensive teachers training colleges (hereafter referred to as "teachers' colleges" in this Article), and private elementary schools shall not be designated. <Amended by Presidential Decree No. 20792, May 27, 2008>
(2) The head of an elementary school attached to a teachers' college or such and the head of a private elementary school shall notify the head of an Eup/Myeon/Dong of a list of children who are admitted to schools by December 10 of the preceding year of the year to which the date of entrance to a school belongs. <Amended by Presidential Decree No. 20792, May 27, 2008>
(3) In determining school districts pursuant to the main sentence of paragraph (1), the head of the district office of education shall take account into organization of classes and facilities for attending school and hear opinions from the head of an Eup/Myeon/Dong.
 Article 17 (Notice to Send Children to School)
(1) Where the head of an Eup/Myeon/Dong receives a notification pursuant to the main sentence of Article 16 (1), he/she shall give to prospective schoolchildren's guardians a notice to attend school by December 20 of the preceding year of the year to which the date of entrance to a school belongs, with designating prospective schools for them to attend and specifying admission dates. <Amended by Presidential Decree No. 20792, May 27, 2008>
(2) When the head of an Eup/Myeon/Dong gives a notice to attend school pursuant to paragraph (1), he/she shall prepare a list containing the following matters concerning the prospective schoolchildren and notify, without delay, the heads of schools to which the children are going to enter, of such list: <Amended by Presidential Decree No. 27546, Oct. 18, 2016>
1. Name, resident registration number and address;
2. Guardian's name, date of birth, address and contact details.
(3) Where any changes over children's attending school take place after making notification pursuant to paragraph (2), the head of an Eup/Myeon/Dong shall notify guardians of children who are going to enter a school and the heads of schools to which they are going to enter without delay. <Amended by Presidential Decree No. 20792, May 27, 2008>
(4) Where a notice to attend school under paragraph (1) cannot be given due to the absence, unknown address, etc. of the guardian of a child, the head of an Eup/Myeon/Dong may request the head of a police station having jurisdiction over the place of residence of the relevant child to provide assistance necessary to identify the child's location. <Newly Inserted by Presidential Decree No. 27546, Oct. 18, 2016>
 Article 18 (Change of Schools to Enter)
(1) Where a child's guardian intends to have the child enter an elementary school which is not a designated school, for inevitable reasons, he/she shall obtain approval from the head of the school that he/she intends to have the child enter. <Amended by Presidential Decree No. 16137, Feb. 27, 1999; Presidential Decree No. 24377, Feb. 15, 2013>
(2) Where the head of a school approves the entrance pursuant to paragraph (1), he/she shall notify such fact to the head of the Eup/Myeon/Dong having jurisdiction over the place of residence of the child and the head of the school initially designated. <Newly Inserted by Presidential Decree No. 16137, Feb. 27, 1999; Presidential Decree No. 27546, Oct. 18, 2016>
 Article 19 (Admission and Transfer of Students Returning from Overseas, Multicultural Students, etc.)
(1) The guardian of any of the following children or students (hereafter referred to as "returning student" in this Article) may apply for the admission or transfer of a returning student to the head of an elementary school in the school district where his/her residence is located, instead of taking the procedures for admission or transfer under Articles 17 and 21: <Amended by Presidential Decree No. 22542, Dec. 27, 2010; Presidential Decree No. 24810, Oct. 30, 2013>
1. A child or student who has returned to the Republic of Korea from a foreign country;
2. A child or student, being a child of a Korean national residing abroad;
3. A child or student, being a North Korean refugee as defined in subparagraph 1 of Article 2 of the North Korean Refugees Protection and Settlement Support Act;
4. A foreign child or student;
5. Other children or students who cannot take the procedures for admission or transfer under Articles 17 and 21 for the reason that he/she did not reside in the Republic of Korea before he/she is admitted or transferred to an elementary school, or has no school record in the Republic of Korea.
(2) The head of an elementary school who receives an application under paragraph (1) shall verify the details of the certificate of the entry into and departure from Korea, or of the certificate of an alien registration under Article 88 of the Immigration Act by sharing administrative information under Article 36 (1) of the Electronic Government Act: Provided, That where the guardian of a returning student, etc. does not consent to such verification, the head of the relevant school shall have him/her submit any of the following documents: <Newly Inserted by Presidential Decree No. 22542, Dec. 27, 2010>
1. A document that proves the entry into and departure from Korea and verify the alien registration;
2. A document that verifies his/her residence in Korea, such as a written lease contract or letter of guarantee from his/her neighbor.
(3) Children who have returned to the Republic of Korea from abroad may, notwithstanding paragraph (1), enter or transfer to elementary schools which have established special classes for returning students, as prescribed by the Superintendent of an Office of Education. <Amended by Presidential Decree No. 22542, Dec. 27, 2010; Presidential Decree No. 24810, Oct. 30, 2013>
(4) Children or students who are members of multicultural families defined in subparagraph 1 of Article 2 of the Multicultural Families Support Act (hereinafter referred to as "multicultural students") may, notwithstanding Articles 17 and 21, enter or transfer to elementary schools which have established special classes for multicultural students, as prescribed by the Superintendent of an Office of Education. <Newly Inserted by Presidential Decree No. 24810, Oct. 30, 2013>
 Article 20 Deleted. <by Presidential Decree No. 20792, May 27, 2008>
 Article 21 (Procedures for Change of Schools at Elementary Schools)
(1) Where any elementary school student intends to change schools due to a change of address, his/her guardian shall inform such fact to the head of the school which he/she attends and the head of the school designated by the head of the Eup/Myeon/Dong having jurisdiction over the area into which the relevant student moves as the school slated for his/her transfer, respectively. <Amended by Presidential Decree No. 24810, Oct. 30, 2013; Presidential Decree No. 27546, Oct. 18, 2016>
(2) Where the head of an Eup/Myeon/Dong designates a school slated for a student's transfer pursuant to paragraph (1), he/she shall, without delay, notify the head of the school slated for his/her transfer of such fact of the student's transfer. <Newly Inserted by Presidential Decree No. 27546, Oct. 18, 2016>
(3) The head of a school in receipt of a notification on the fact of a student's transfer from his/her guardian pursuant to paragraph (1), shall check the electronic data of resident registration under Article 30 (1) of the Resident Registration Act by sharing administrative information under Article 36 (1) of the Electronic Government Act to ascertain the change of address of the relevant student: Provided, That if the guardian of the relevant student fails to give consent to such ascertainment, he/she shall be required to submit a document substantiating the change of the address. <Newly Inserted by Presidential Decree No. 27546, Oct. 18, 2016>
(4) Where any electronic data of resident registration is shared by the head of a school pursuant to paragraph (3), fees therefor shall be exempted. <Newly Inserted by Presidential Decree No. 27546, Oct. 18, 2016>
(5) Where a student changes schools, the head of the school to which he/she transfers shall request the head of the school from which he/she transfers to transmit his/her school records (where there is no school record, any data made available in lieu thereof) and health record, and the head of the school from which he/she transfers shall transmit them.
(6) Where the head of an elementary school deems that it is necessary to change the educational environment for a student due to the student's misfit in his/her school life or for family reasons, he/she may request the student's transfer to the head of the district office of education with the consent of either of the student's guardians. In such cases, the head of the district office of education may, notwithstanding the provisions of paragraph (1), designate a school for transfer and allow the change of schools.
(7) Notwithstanding paragraph (6), where it is deemed difficult for a student to change schools with the consent of his/her guardian by falling under any of the following cases, the head of the elementary school may recommend the student's transfer to the head of the district office of education, following deliberation by the compulsory education management committee established under Article 25-2 (1). In such cases, the head of the district office of education may allow the student to change schools by designating a school slated for his/her transfer: <Newly Inserted by Presidential Decree No. 27546, Oct. 18, 2016>
1. Where adjudication of restriction on the exercise of parental authority or on the loss of parental authority against the person with parental authority is claimed under any other Act and there is no other guardian who will exercise parental authority or perform the duties of the guardian;
2. Where appointment of a guardian is claimed to the court under any other Act for the student who has no person with parental authority or guardian;
3. Where the replacement of the student's guardian is claimed to the court under any other Act by the student's guardian.
(8) In transferring a student to another school pursuant to paragraph (6) or (7), the head of an elementary school and the head of a district office of education shall manage and supervise in such a way that the fact of his/her changing schools may not be disclosed without good reasons to any other person than those related to the change of schools. <Newly Inserted by Presidential Decree No. 27546, Oct. 18, 2016>
(9) The head of an elementary school may acknowledge the period of absence caused by the transfer procedures under paragraph (6) or (7) as the period of attendance. <Newly Inserted by Presidential Decree No. 27546, Oct. 18, 2016>
 Article 22 Deleted. <by Presidential Decree No. 27546, Oct. 18, 2016>
 Articles 23 and 24 Deleted. <by Presidential Decree No. 24377, Feb. 15, 2013>
 Article 25 (Urging, Warning and Notification by Heads of Elementary Schools and Middle Schools)
(1) Where any child expected to enter a school or any student who attend a school falls under any of the following cases, the head of relevant elementary school or middle school shall urge without delay his/her guardian or employer to have the relevant child or student enter or attend the school or warn him/her not to hinder the child or student from receiving compulsory education: <Amended by Presidential Decree No. 27546, Oct. 18, 2016>
1. Where the child or student fails to enter, re-attend, transfer, or specially enter the school within two days from the scheduled date of entrance, re-attendance, transfer or special entrance of the school;
2. Where the student is absent from school for at least two consecutive days without any good reason;
3. Where the student is hindered from receiving compulsory education by his/her employer.
(2) Where necessary for urging pursuant to paragraph (1), the head of an elementary school or a middle school may visit the home of the relevant child or student or require his/her guardian to be present at the school. <Newly Inserted by Presidential Decree No. 27546, Oct. 18, 2016>
(3) Where the head of an elementary school or a middle school visits a home pursuant to paragraph (2), he/she may request the head of an Eup/Myeon/Dong having jurisdiction over the place of residence of the relevant child or student to accompany him/her; and if necessary, he/she may request cooperation from the head of the police station having jurisdiction over the place of residence of the relevant child or student. <Newly Inserted by Presidential Decree No. 27546, Oct. 18, 2016>
(4) Where any child expected to enter a school or any student who are attending a school falls under any of the following cases, the head of relevant elementary school or middle school shall notify the matters classified as follows to the head of the Eup/Myeon/Dong and the head of the district office of education having jurisdiction of the place of residence of the relevant child or student for an elementary school or to the head of the district office of education for a middle school, respectively: <Amended by Presidential Decree No. 27546, Oct. 18, 2016>
1. Where the situation continues even after three days after giving urging or warning pursuant to paragraph (1) or giving urging or warning at least two times: The progress thereof;
2. Where there is any child or student whose address and actual place of residence are different from each other among the children or students falling under any subparagraph of paragraph (1): His/her name and resident registration number.
(5) To enable a student managed under supernumerary school register pursuant to Article 29 (1) to attend school at the timing classified as follows, the head of an elementary school or a middle school shall notify the guardian of the relevant student thereon not later than one month before the arrival of the relevant timing: <Newly Inserted by Presidential Decree No. 27546, Oct. 18, 2016>
1. For a student whose obligation to attend school is postponed: At the time the period of postponement terminates;
2. For a student who has been absent from school for a long period: At the time a school year commences.
 Article 25-2 (Establishment of Compulsory Education Management Committee)
(1) In order to deliberate on the following matters (in cases of a middle school, limited to subparagraphs 2 and 3) concerning the sons and daughters or children (hereinafter referred to as "persons subject to school attendance") of guardians obligated to send them to school pursuant to Article 13 of the Act, a compulsory education management committee shall be established in each elementary and middle school (hereinafter referred to as "compulsory education management committee"), respectively:
1. Matters concerning the recommendation for changing schools under Article 21 (7);
2. Matters concerning the decision on exemption from or postponement of the obligation to attend school under Article 28 (2) and (3);
3. Other matters requested by the head of an elementary school or a middle school for deliberation to manage persons subject to school attendance.
(2) A compulsory education management committee shall be comprised of at least five and not more than seven members, including the head of the relevant school who shall be the chairperson. In such cases, at least one of the following external experts shall be included therein:
1. A police officer belonging to the police station having jurisdiction over the area where the relevant school is located;
2. A public official exclusively in charge of social welfare service, belonging to the Eup/Myeon/Dong office having jurisdiction over the area where the relevant school is located;
3. An official from a child protection institution in the area where the relevant school is located.
(3) Except as otherwise expressly provided for in paragraphs (1) and (2), matters necessary to organize and operate a compulsory education management committee shall be prescribed by school regulations.
[This Article Newly Inserted by Presidential Decree No. 27546, Oct. 18, 2016]
 Article 26 (Urging and Warning for Attending School and Reporting by Head of Eup/Myeon/Dong and Heads of District Offices of Education)
(1) Where the head of an Eup/Myeon/Dong or the head of a district office of education (for a middle school, referring only to the head of a district office of education; hereafter the same shall apply in this Article) is notified of the matters prescribed in Article 25 (4) 1 pursuant to the same paragraph, he/she shall urge without delay the guardian or employer of the relevant child or student to have the relevant child or student enter or attend the school or warn him/her not to hinder the child or student from receiving compulsory education.
(2) Where necessary for urging pursuant to paragraph (1), the head of an Eup/Myeon/Dong or the head of a district office of education may visit the home of the relevant child or student.
(3) Where the head of an Eup/Myeon/Dong or the head of the district office of education visits a home pursuant to paragraph (2), he/she may request the head of a school to which the relevant child or student is expected to enter or is attending to accompany him/her; and if necessary, he/she may request cooperation from the head of the police station having jurisdiction over the place of residence of the relevant child or student.
(4) Where the situation continues even after giving urging or warning pursuant to paragraph (1) at least twice, the head of the district office of education shall report the progress to the Superintendent of an Office of Education without delay.
[This Article Wholly Amended by Presidential Decree No. 27546, Oct. 18, 2016]
 Article 27 (Measures for Encouragement of Attending School)
(1) The Superintendent of the Office of Education shall at any time confirm and check the conditions for encouraging school attendance for compulsory education, and take necessary measures.
(2) Where a person responsible for encouraging school attendance or a police officer locates a school-aged child who prowls the streets, they shall investigate the reason thereof and shall take appropriate measures for encouraging school attendance.
 Article 27-2 (Establishment of Organization Exclusive for Management of School Attendance)
(1) In order to exercise overall control over the affairs related to the management of school attendance of those who are obligated to enter school and to establish and operate a systematic cooperation system with institutions and organizations related to the protection of children, the Superintendent of an Office of Education and the head of a district office of education shall respectively establish an organization exclusive for the management of school attendance under his/her jurisdiction, as prescribed by the related Acts and subordinate statutes, such as the Regulations on Administrative Organizations of Local Educational Administrative Agencies and Standards, etc. for the Prescribed Number of Their Personnel.
(2) Each organization exclusive for the management of school attendance to be established under paragraph (1) under the jurisdiction of the Superintendent of an Office of Education and the head of a district office of education (hereinafter referred to as "exclusive organization") shall perform the following duties (matters prescribed in subparagraph 5 (d) shall be performed only by an exclusive organization established under the jurisdiction of the Superintendent of an Office of Education):
1. Identification of the status of persons subject to school attendance;
2. Fact-finding survey of the status of performing the obligation to attend school;
3. Checking and inspection of the status of urging to perform the obligation to attend school;
4. Checking of the operation status of the system for exemption and postponement of the obligation to attend school referred to in Article 14 of the Act and setting a direction for improvement;
5. Checking of whereabouts and safety of the following children or students, and management of their school attendance:
(a) Children who have been notified as those subject to the postponement of school entrance under the latter part of Article 15 (4);
(b) Children or students concerning whom the progress of situation has been notified or reported pursuant to Article 25 (4) or 26 (4) for reason of failing to attend school or long-term absence;
(c) Children or students whose obligation to attend school is exempted or postponed pursuant to Article 28;
(d) Children or students concerning whom the progress of situation has been notified pursuant to Article 92-2 (2) for reason of long-term absence, disenrollment, dropout or expulsion;
6. Other matters that the Superintendent of an Office of Education or the head of a district office of education deems necessary for the management of persons subject to school attendance.
(3) Where the exclusive organization deems it necessary to perform the duties set forth in the subparagraphs of paragraph (2), the Superintendent of an Office of Education or the head of a district office of education may request cooperation from the following institutions and organizations:
1. The police station having jurisdiction over the place of residence of a person subject to school attendance;
2. A support center for out-of-school juveniles under Article 12 (1) of the Act on the Support for Out-of-School Juveniles;
3. A specialized child protection agency under Article 45 of the Child Welfare Act.
(4) Except as otherwise expressly provided for in paragraphs (1) through (3), detailed matters necessary to organize and operate an exclusive organization shall be determined by the Superintendent of an Office of Education.
[This Article Newly Inserted by Presidential Decree No. 27546, Oct. 18, 2016]
 Article 28 (Exemption or Postponement of Obligation to Attend School)
(1) A guardian of a child or student who intends to be exempted from or granted a postponement of the obligation to attend school pursuant to Article 14 of the Act, shall file an application for the exemption or postponement of the obligation to attend school with the head of the school to which the relevant child or student is expected to attend or is attending.
(2) The head of a school in receipt of an application for exemption or postponement of the obligation to attend school pursuant to paragraph (1) shall determine whether to grant exemption or postponement of the obligation to attend school, following deliberation by the compulsory education management committee.
(3) Notwithstanding paragraph (1), if the guardian of a child or student is unable to apply for exemption or postponement of the obligation to attend school due to any extenuating circumstances, such as missing of the guardian of the child or student, the head of the school to which the relevant child or student is expected to attend or is attending may identify the reasons therefor and determine whether to grant exemption or postponement of the obligation to attend school, following deliberation by the compulsory education management committee.
(4) The head of an elementary school or a middle school shall grant the exemption or postponement of the obligation to attend school pursuant to paragraph (2) or (3) only where the application thereof is filed because of illness or any extenuating circumstances determined by the Superintendent of an Office of Education.
(5) Upon making a decision on the exemption or postponement of the obligation to attend school pursuant to paragraph (2) or (3), the head of an elementary school or a middle school shall notify the details thereof to the guardian, the head of Eup/Myeon/Dong, and head of the district office of education for an elementary school, or to the guardian, the head of the district office of education for a middle school, respectively: Provided, That the same shall not apply to a notification to a guardian, if it is impossible to notify the details due to missing of the guardian or for other relevant reasons.
(6) The period of postponement of obligation to attend school shall not exceed one year: Provided, That the obligation may be postponed again or the period of postponement may be extended in exceptional circumstances.
(7) Where a postponement is granted again or the period of postponement is extended pursuant to the proviso to paragraph (6), paragraphs (1) through (5) shall apply mutatis mutandis to the procedures for postponement.
[This Article Wholly Amended by Presidential Decree No. 27546, Oct. 18, 2016]
 Article 28-2 (Sharing of Administrative Information)
(1) Where deemed necessary for the management of school attendance under Article 25, 25-2, 26, 27, 27-2, or 28, the head of an elementary school or a middle school, the head of a district office of education, or the Superintendent of an Office of Education (including a compulsory education management committee) may ascertain the following administrative information concerning persons subject to school attendance by sharing administrative information under Article 36 (1) of the Electronic Government Act:
1. Electronic data of resident registration under Article 30 (1) of the Resident Registration Act;
2. Certificates of the entry into and departure from Korea, or certificates of alien registration under Article 88 of the Immigration Act.
(2) Where any electronic data of resident registration referred to in paragraph (1) 1 is shared by the head of an elementary school or a middle school pursuant to the same paragraph, fees therefor shall be exempted.
[This Article Newly Inserted by Presidential Decree No. 27546, Oct. 18, 2016]
 Article 29 (School Register Management for Persons Who are Granted Postponement)
(1) The head of an elementary school or a middle school may manage any of the following students on a supernumerary school register, as prescribed by the school regulations: <Amended by Presidential Decree No. 27546, Oct. 18, 2016>
1. A student whose obligation to attend school is postponed, after admission;
2. A student who has been absent for such a long term as at least one-third of the number of school days without any good reason.
(2) The head of an elementary school or a middle school may determine the academic years according to the results of assessment on the completion by subject which is conducted by the Assessment Committee on the Early Promotion to Higher Grade, Early Graduation and Early Admission under Article 5 of the Regulations on Early Promotion, etc. to Higher Grade, if the persons who have been absent from school for a long period under paragraph (1) and have been on a supernumerary school register, or persons who have received a decision of exemption from or postponement of the obligation to attend school under Article 28, intend to go back to school or to enter a school. <Newly Inserted by Presidential Decree No. 17142, Mar. 2, 2001; Presidential Decree No. 18282, Feb. 17, 2004; Presidential Decree No. 19057, Sep. 29, 2005; Presidential Decree No. 24148, Oct. 29, 2012>
CHAPTER III STUDENTS AND SCHOOL PERSONNEL
SECTION 1 Students
 Article 30 (Guarantee of Students' Self-Governing Activities)
The head of a school shall provide necessary matters to encourage and protect students' self-governing activities referred to in Article 17 of the Act.
 Article 31 (Discipline of Students)
(1) The head of a school may punish students falling under any of the following subparagraphs when he/she deems it necessary for education pursuant to the main sentence of Article 18 (1) of the Act: <Amended by Presidential Decree No. 22712, Mar. 18, 2011>
1. Services in the school;
2. Social services;
3. Completion of special education;
4. Suspension from attendance within 30 days per year, one time within 10 days.
5. Expulsion from school.
(2) When disciplining a student as referred to in paragraph (1), the head of a school shall punish the student in an educational manner so that the student's personality may be respected, and shall give him/her an opportunity to repent by applying the discipline type by stages depending upon the seriousness of the reason.
(3) When disciplining a student as referred to in paragraph (1), the head of a school shall consult with the student's guardian concerning the guidance for the student. <Newly Inserted by Presidential Decree No. 22712, Mar. 18, 2011>
(4) The Superintendent of an Office of Education shall prepare and operate educational methods necessary to educate students subject to discipline of special education and suspension from attendance under paragraph (1) 3 and 4, and shall take necessary measures such as securing teachers, facilities and equipment. <Amended by Presidential Decree No. 22712, Mar. 18, 2011>
(5) An expulsion from school under paragraph (1) 5 shall be taken against students other than those in the course of compulsory education, who fall under any of the following subparagraphs: <Amended by Presidential Decree No. 22712, Mar. 18, 2011>
1. A person who is deemed not to repent of his/her act because of his/her bad demeanor;
2. A person who is frequently absent from school without any justifiable reason;
3. Persons who violate school regulations.
(6) The head of a school may have a student do home study for a specified period before taking an expulsion from school. <Amended by Presidential Decree No. 22712, Mar. 18, 2011>
(7) If the head of a school expels a student, he/she shall consult with the student and his/her guardian about a course of his/her life, and shall make efforts to introduce other schools or vocational training institutions in cooperation with the community. <Amended by Presidential Decree No. 22712, Mar. 18, 2011>
(8) Where the head of a school provides guidance referred to in the main sentence of Article 18 (1) of the Act, it shall be conducted by methods such as discipline and admonition which do not inflict physical pain on a student' body using punishing tools and body parts, pursuant to school regulations. <Amended by Presidential Decree No. 22712, Mar. 18, 2011>
 Article 31-2 (Application for Reexamination by Person Expelled from School)
(1) When a student and his/her guardian files an application for reexamination pursuant to Article 18-2 (1) of the Act with the relevant City/Do Mediation Committee of Disciplinary Punishment on Students (hereinafter referred to as "Discipline Mediation Committee") established under Article 18-3 of the Act, he/she shall file a written application stating the following matters:
1. Name, domicile and contact details of an applicant;
2. A claimee;
3. The date he/she has known that a measure of expulsion from school has been taken;
4. The purpose and reason of an application.
(2) The Discipline Mediation Committee may request an applicant or claimee to submit materials or information necessary for examination, and the applicant or claimee shall submit them immediately in the absence of special circumstances.
(3) The Discipline Mediation Committee may, by its official authority or at his/her request, have an applicant, claimee, related school teacher or such attend the Discipline Mediation Committee and make a statement.
(4) The Discipline Mediation Committee may have a witness, such as a specialist, attend, or submit his/her written statement, if deemed necessary.
(5) The Discipline Mediation Committee shall make it a rule to hold a meeting not open to the public.
(6) The Discipline Mediation Committee shall, where it has made a decision on application for reexamination, forward the original copy of a written decision stating the following matters to the relevant applicant and claimee:
1. Number and name of a case;
2. Name and domicile of an applicant;
3. Grounds for expulsion from school;
4. The details of a decision;
5. A reason for a decision;
6. The date of a decision.
[This Article Newly Inserted by Presidential Decree No. 20635, Feb. 22, 2008]
 Article 31-3 (Organization of Discipline Mediation Committees)
(1) Each Discipline Mediation Committee shall be comprised of no more than seven members, including one chairperson.
(2) The Superintendent of an Office of Education shall appoint or commission members of each Discipline Mediation Committee (hereafter referred to as "members" in this Article and Article 31-4) from among the following persons: <Amended by Presidential Decree No. 23314, Nov. 23, 2011; Presidential Decree No. 27546, Oct. 18, 2016>
1. Two persons from among senior supervisors, educational research officials, school inspectors, educational researchers, or elementary or secondary school teachers who have at least 15 educational work experience;
2. Police officers belonging to the Regional Police Agency of the relevant area;
3. Those qualified as a lawyer;
4. Those who are assistant professors or higher or in the position corresponding thereto in a college or research institution;
5. Parents of students attending schools under the jurisdiction of the Superintendent of an Office of Education or representatives of non-profit private organizations;
6. Counseling specialists of organizations related to juveniles or juvenile counseling institutions, or psychiatrists of medical institutions.
(3) The terms of office of members shall be two years, and they may be reappointed.
(4) The Superintendent of an Office of Education shall appoint the Chairperson of the Discipline Mediation Committee (hereafter referred to as the "Chairperson" in this Article and Article 31-4) from among the members.
[This Article Newly Inserted by Presidential Decree No. 20635, Feb. 22, 2008]
 Article 31-4 (Operation of Discipline Mediation Committee)
(1) The Chairperson shall call a meeting and be in the chair.
(2) Where the Chairperson calls a meeting, he/she shall notify all the members of the date and time, venue, and agenda in writing or by making use of information and communications media or such by no later than five days prior to holding a meeting: Provided, That this shall not apply in an emergency.
(3) A meeting of the Discipline Mediation Committee shall be held by attendance of a majority of all incumbent members including the Chairperson, and a decision shall be made with the approval of a majority of members present.
(4) The Discipline Mediation Committee shall have one secretary who is to take charge of its affairs, and the Chairperson shall appoint the secretary from among public officials belonging to a City/Do Office of Education.
(5) Any of the following applies to a member, the member shall be excluded from the relevant case:
1. If he/she is or was in the relationship with a student expelled from school or his/her guardian;
2. If he/she is involved in the relevant measure of expulsion from school.
(6) An applicant may, when there is a fair reason to believe that any member is apt to make an unfair decision, report the fact in writing and apply for challenge, and the Discipline Mediation Committee shall, when it has received an application for challenge, determine whether it will accept the application for challenge of the relevant member by its resolution.
(7) Where any member falls under a reason referred to in paragraph (5) or (6), he/she may avoid an examination or decision of the relevant case by himself/herself.
(8) Allowances and travelling expenses may be paid, within budgetary limits, to members or specialists who have attended a meeting: Provided, That this shall not apply where a public official member attends a meeting in direct connection with his/her business.
(9) Except as otherwise expressly prescribed in this Article, matters necessary for operation of the Committee and other matters shall be determined by the Chairperson through a resolution of the Committee.
[This Article Newly Inserted by Presidential Decree No. 20635, Feb. 22, 2008]
SECTION 2 School Personnel
 Article 32 Deleted. <by Presidential Decree No. 18690, Jan. 29, 2005>
 Articles 33 through 36 Deleted. <by Presidential Decree No. 24377, Feb. 15, 2013>
 Article 36-2 (Non-Assignment of Assistant Principals)
(1) "School which is smaller than a certain scale prescribed by Presidential Decree" in the proviso to Article 19 (1) 1 of the Act means a school of which the number of teachers assigned according to the assignment standards for teachers under Article 19 (4) of the Act falls short of the minimum standards, among schools with up to five classes. <Amended by Presidential Decree No. 24377, Feb. 15, 2013>
(2) Notwithstanding paragraph (1), the Superintendent of an Office of Education deems particularly necessary in consideration of the educational human resources or finance, he/she may assign one assistant principal to any school mentioned above. In such cases, such assistant principal shall give lessons to students.
[This Article Newly Inserted by Presidential Decree No. 17023, Dec. 27, 2000]
 Articles 36-3 and 36-4 Deleted. <by Presidential Decree No. 24377, Feb. 15, 2013>
 Article 36-5 (Teachers in Charge of Classes)
(1) Elementary schools, middle schools and high schools may have teachers in charges of classes, and may assign one additional teacher in charge of each class if the number of students in each class exceeds a certain number or if necessary for managing each class.
(2) Detailed matters necessary for assigning additional teachers in charge of classes shall be determined by the competent authorities pursuant to the standards prescribed by the Minister of Education. <Amended by Presidential Decree No. 24423, Mar. 23, 2013>
(3) Teachers in charge of classes shall manage classes, and shall be responsible for educational activities of students belonging to the classes and counseling and daily-life guidance, etc. related thereto. <Newly Inserted by Presidential Decree No. 24377, Feb. 15, 2013>
(4) Advanced skills teachers shall not be in charge of classes: Provided, That they may be in charge of classes depending on the conditions of schools, such as scale of schools. <Newly Inserted by Presidential Decree No. 24377, Feb. 15, 2013>
[This Article Newly Inserted by Presidential Decree No. 23658, Mar. 13, 2012]
 Articles 37 through 39 Deleted. <by Presidential Decree No. 24377, Feb. 15, 2013>
 Article 40 (School Personnel of Special Schools, etc.)
(1) A principal and an assistant principal shall be assigned to a special school pursuant to Article 19 of the Act: Provided, That an assistant principal need not be assigned to a school, the number of classes of which is not more than five and an assistant principal may be assigned to a branch school, the number of classes of which is not less than three in addition to a principal.
(2) The basis of disposition of school teachers in charge of special education assigned to a special school or such shall be prescribed by Presidential Decree.
(3) A specialized counseling teacher and librarian teacher may be assigned to a special school.
[This Article Wholly Amended by Presidential Decree No. 20790, May 26, 2008]
 Article 40-2 (Standards for Allocating Special Itinerant Teachers for Counseling)
Pursuant to Article 19-2 of the Act, special itinerant teachers for counseling shall be assigned to each City/Do Office of Education or district office of education. In such cases, detailed standards for allocating special itinerant teachers for counselling shall be prescribed by the Superintendent of an Office of Education.
[This Article Wholly Amended by Presidential Decree No. 25961, Jan. 6, 2015]
 Article 40-3 Deleted. <by Presidential Decree No. 24377, Feb. 15, 2013>
 Article 41 (Qualifications for Teachers)
(1) Matters necessary for the qualifying examination for teachers, and the organization, authority and operation of the Qualifying Examination Committee for Teachers under Article 21 of the Act, shall be prescribed separately by Presidential Decree.
(2) Persons to be recommended by the person authorized to appoint pursuant to subparagraph 9 of the qualifications for regulars teachers of middle schools (Grade II) referred to in attached Table 2 of the Act shall be determined through the deliberation of the School Governance Committee and they shall be capable of providing education in the relevant field since they have special ability in the field required by the school to appoint them, from among those qualified as industrial-educational teachers, etc. referred to in Article 22 of the Act (excluding honorary teachers).
(3) Selection of the Superintendent of an Office of Education pursuant to subparagraph 9 of the qualifications for regulars teachers of middle schools (Grade II) referred to in attached Table 2 of the Act shall be conducted through document screening and evaluation of capability.
[This Article Wholly Amended by Presidential Decree No. 234351, Dec. 30, 2011]
 Article 42 (Industrial-Educational Teachers, etc.)
(1) Industrial-educational teachers, etc. referred to in Article 22 of the Act are classified into industrial-educational teachers, honorary teachers, specialized spoken English instructors, multicultural language instructors, and instructors, and the qualification standards are as stipulated in attached Table 2. <Amended by Presidential Decree No. 21688, Aug. 18, 2009; Presidential Decree No. 24810, Oct. 30, 2013>
(2) Industrial-educational teachers referred to in paragraph (1) shall be appointed by the head of a school in cases of a national or public school, and by an educational foundation or the manager of a private school in cases of a private school, respectively: Provided, That in cases of a private school, the appointing authority may be delegated to the head of a school, as prescribed by the articles of association, etc. of the relevant educational foundation. <Newly Inserted by Presidential Decree No. 21688, Aug. 18, 2009>
(3) The appointment of industrial-educational teachers under paragraph (2) shall be deliberated upon by the relevant School Governance Committee under Article 31 of the Act: Provided, That this shall not apply to schools having no School Governance Committee. <Amended by Presidential Decree No. 21688, Aug. 18, 2009>
(4) Industrial-educational teachers may receive allowances within budgetary limits. <Amended by Presidential Decree No. 21688, Aug. 18, 2009>
(5) When a specialized spoken English instructor referred to in paragraph (1) is appointed for a given period, the period shall not exceed one year, and if necessary, the period may be extended up to four consecutive years of continuous working. <Newly Inserted by Presidential Decree No. 21688, Aug. 18, 2009>
(6) The head of any of the following schools may substitute teachers with industrial-educational teachers under Article 22 (1) of the Act within the limit of 1/3 of the fixed number of the teachers of the relevant school: <Newly Inserted by Presidential Decree No. 24377, Feb. 15, 2013>
1. A specialized middle school under Article 76;
2. A specialized high school under Article 91;
3. An autonomous private high school under Article 91-3;
4. An autonomous public high school under Article 91-4;
5. An autonomous school under Article 105.
CHAPTER IV SCHOOLS
SECTION 1 General Provisions
 Article 43 (Subjects)
(1) Subjects taught at school under Article 23 (3) of the Act shall be as follows: <Amended by Presidential Decree No. 17115, Jan. 29, 2001; Presidential Decree No. 17895, Jan. 29, 2003; Presidential Decree No. 20740, Feb. 29, 2008; Presidential Decree No. 24423, Mar. 23, 2013; Presidential Decree No. 24810, Oct. 30, 2013>
1. For elementary schools and civic schools: Korean language, ethics, social studies, mathematics, science, practical course, physical education, music, art, foreign language (English) and subjects deemed necessary by the Minister of Education;
2. For middle schools and high civic schools: Korean language, ethics, social studies, mathematics, science, technology, home economics, physical education, music, art, foreign language and subjects deemed necessary by the Minister of Education;
3. For high schools: Korean language, ethics, social studies, mathematics, science, technology, home economics, physical education, music, art, foreign language and subjects deemed necessary by the Minister of Education;
4. For special schools and high technical schools: Subjects determined by the Minister of Education.
(2) Where necessary to directly reflect industrial demand in education, the head of any of the following high schools may autonomously draw up a curriculum (in cases of a school falling under subparagraph 1, limited to the curriculum of the relevant department) differently from that prescribed in paragraph (1) 3: <Newly Inserted by Presidential Decree No. 24810, Oct. 30, 2013; Presidential Decree No. 27773, Jan. 10, 2017>
1. A high school which has established and is operating a department designated by the Superintendent of an Office of Education, the purpose of which is to train competent people in industry fields, among general high schools;
2. A high school tailored to industrial demand referred to in Article 90 (1) 10;
3. A high school, the purpose of which is to train competent people in industry fields, among specialized high schools referred to in Article 91 (1).
 Article 44 (Semesters)
(1) School semesters referred to in Article 24 (3) of the Act shall be divided into two semesters for each school year, and the first semester shall be from March 1 to the day set by the head of each school, considering the number of school days, the number of non-teaching days and the curricula operation of his/her school, and the second semester shall be from the day following the final day of the first semester to the last day of February of the following year. <Amended by Presidential Decree No. 18282, Feb. 17, 2004; Presidential Decree No. 22234, Jun. 29, 2010>
(2) Notwithstanding paragraph (1), the head of an autonomous private high school referred to in Article 91-3, an autonomous public high school referred to in Article 91-4, or an autonomous school referred to in Article 105 (hereinafter referred to as "autonomous school, etc.") may determine semesters differently, upon deliberation thereon by the Designation and Governance Committee of Autonomous Schools, etc., under Article 105-4, as determined by the Minister of Education. <Newly Inserted by Presidential Decree No. 22234, Jun. 29, 2010; Presidential Decree No. 24377, Feb. 15, 2013; Presidential Decree No. 24423, Mar. 23, 2013>
(3) Among the semesters referred to in paragraph (1), the head of a middle school shall designate one semester as free learning semester. In such cases, detailed matters concerning the designation of a free learning semester, such as the scope of semesters eligible for designation, shall be determined by the Minister of Education. <Newly Inserted by Presidential Decree No. 26521, Sep. 15, 2015>
 Article 45 (Number of School Days)
(1) The number of school days referred to in Article 24 (3) of the Act shall be determined by the head of a school according to the following standards: Provided, That the head of the school may reduce the number of school days within 1/10 of the following standards if necessary for the operation of curricula due to natural disasters, the operation of a research school, or the operation of an autonomous school referred to in Article 105, and in such cases, he/she report it to the competent authority thirty days prior to the start of the following school year:
1. Elementary schools, middle schools, high schools, high technical schools and special schools (excluding kindergarten departments):
(a) If not conducting the class of five-school day per week: At least 220 days per school year;
(b) If conducting the class of five-school day per week twice a month: At least 205 days per school year;
(c) If entirely conducting the class of five-school day per week: At least 190 per school year;
2. Civic schools and high civic schools: At least 170 days per school year.
(2) If the head of an elementary school, middle school, high school and special school intends to determine the number of school days in conducting the class of five-school day per week according to the standard referred to in paragraph (1) 1 (b) or (c), he/she shall undergo a deliberation or consultation of the relevant School Governance Committee under Article 31 (1) of the Act.
[This Article Wholly Amended by Presidential Decree No. 23241, Oct. 25, 2011]
 Article 46 (Organization of Classes)
Classes at school referred to in Article 24 (3) of the Act shall be comprised of students who are in the same grades and same departments: Provided, That the head of a school may organize a class comprised of students in two or more different grades if necessary for the operation of curricula.
 Article 47 (School Holidays, etc.)
(1) School holidays referred to in Article 24 (3) of the Act shall be determined by the head of a school prior to the commencement of each school year after deliberation by the School Governance Committee under Article 31 (1) of the Act, but they shall include the official holidays and the summer and winter vacations. <Amended by Presidential Decree No. 17142, Mar. 2, 2001>
(2) The head of a school may declare recess where an emergency, disaster, or other urgent situation takes place. In such cases, the head of a school shall report without delay to the competent authorities.
 Article 48 (Methods of Operating Lessons)
(1) Deleted. <by Presidential Decree No. 18690, Jan. 29, 2005>
(2) The head of a school may teach students by combining students of different departments, if necessary for education.
(3) The head of a school may use broadcasting programs in classes. <Amended by Presidential Decree No. 17115, Jan. 29, 2001; Presidential Decree No. 20740, Feb. 29, 2008; Presidential Decree No. 22712, Mar. 18, 2011>
(4) The head of a school may, where necessary for educational purposes, teach students using information and communications media, including distance learning classes. In such cases, matters necessary in relation to target students, method of class operation, etc. shall be determined by the Superintendent of an Office of Education. <Amended by Presidential Decree No. 24810, Oct. 30, 2013>
(5) The head of a school may grant permission for extracurricular classes with the consent of guardians, if necessary for education. In such cases, the head of a school may recognize extracurricular classes as classes within the extent that the school regulations determine.
 Article 48-2 (Methods, etc. of Operating Lessons during Free Learning Semesters)
(1) The head of a middle school shall operate types of classes encouraging student participation during a free learning semester and curricula for experiential activities for various types of experiences, including career search of each student.
(2) Detailed matters concerning the types of class encouraging student participation and experiential activities under paragraph (1) shall be determined by the Minister of Education.
[This Article Newly Inserted by Presidential Decree No. 26521, Sep. 15, 2015]
 Article 49 (Lesson Time)
Time for school to begin and end shall be determined by the head of a school.
 Article 49-2 (Sharing of Administrative Information for Preparation of School Records)
(1) In order to prepare school records pursuant to Article 25 (1) of the Act, the head of a school may ascertain the following administrative information concerning students belonging to his/her school by sharing administrative information under Article 36 (1) of the Electronic Government Act:
1. Electronic data of resident registration under Article 30 (1) of the Resident Registration Act;
2. Certificates of alien registration under Article 88 of the Immigration Act.
(2) Where any electronic data of resident registration referred to in paragraph (1) 1 is shared by the head of a school pursuant to the same paragraph, fees therefor shall be exempted.
[This Article Newly Inserted by Presidential Decree No. 27546, Oct. 18, 2016]
 Article 50 (Completion and Graduation)
(1) The head of a school shall recognize the completion or graduation of a student's respective school year courses by evaluating student's achievement for the curricula which the student has completed.
(2) The number of student's days of attendance required for completing his/her respective school year courses shall be two-thirds or more of the number of school days referred to in Article 45.
(3) The head of a school shall give diplomas to persons who are deemed to have completed the curriculum of the school.
 Article 51 (Number of Classes and Number of Students)
The number of classes and the number of students at a school shall be determined by the Superintendent of an Office of Education. In such cases, the following persons may be excluded from the number of students: <Amended by Presidential Decree No. 19057, Sep. 29, 2005>
1. Students remaining in the same class;
2. Persons who fall under Article 82 (3) 2 or 3;
3. Persons who have been readmitted, changed schools, or gained special admission;
4. Children of persons of distinguished service to the State under the Act on the Honorable Treatment of and Support for Persons, Etc. of Distinguished Service to the State;
5. Other persons determined by the Superintendent of an Office of Education depending upon the real conditions in the region.
 Article 52 (Student Allocation Plans)
The Superintendent of an Office of Education shall establish a student allocation by school year in order for schools under his/her jurisdiction to appropriately allocate students.
[This Article Wholly Amended by Presidential Decree No. 24810, Oct. 30, 2013]
 Article 53 (Early Promotion and Early Graduation)
The matters necessary for early promotion, early graduation, and granting qualifications for early admission to a school of higher grade referred to in Article 27 (3) of the Act shall be determined separately by Presidential Decree.
 Article 54 (Education and Policies for Students with Learning Disabilities, etc.)
(1) Students with learning disabilities, etc., referred to in Article 28 (1) of the Act (hereinafter referred to as “students with learning disabilities, etc.”) shall be distinguished by the head of a school according to the standards determined by the Superintendent of an Office of Education. <Amended by Presidential Decree No. 27424, Aug. 2, 2016>
(2) The head of a school may provide education necessary for students with learning disabilities, etc. such as experience classes, within the school days determined by the Superintendent of an Office of Education, or provide education by entrusting it to an educational institution recognized by the Superintendent of an Office of Education as appropriate. <Amended by Presidential Decree No. 27424, Aug. 2, 2016>
(3) The Minister of Education and the Superintendent of an Office of Education shall perform the following supporting projects: <Amended by Presidential Decree No. 23746, Apr. 20, 2012; Presidential Decree No. 24423, Mar. 23, 2013; Presidential Decree No. 27424, Aug. 2, 2016>
1. A project to provide educational, welfare, or culture programs, etc., to schools overpopulated with students with learning disabilities, etc.;
2. A project to provide diagnoses, counseling, healing and learning assistance programs, etc., to students with learning disabilities, etc.
(4) The Minister of Education shall determine and publicly announce detailed matters necessary for supporting projects, such as criteria for selection of schools eligible for the supporting projects, procedures for selecting eligible students under paragraph (3) and other relevant matters, after hearing the opinions of the Superintendent of an Office of Education. <Newly Inserted by Presidential Decree No. 22542, Dec. 27, 2010; Presidential Decree No. 24423, Mar. 23, 2013>
(5) and (6) Deleted. <by Presidential Decree No. 28012, May 8, 2017>
(7) The Superintendent of an Office of Education shall formulate and implement plans for training, including the following, so that teachers can receive training to improve learning capability of students with learning disabilities, etc., pursuant to Article 28 (5) of the Act: <Newly Inserted by Presidential Decree No. 27424, Aug. 2, 2016>
1. Objectives and details of training;
2. Institutions establishing and operating training programs;
3. Types of training;
4. Persons subject to training with respect to each curriculum, and the number of such persons;
5. Standards for the completion of training;
6. Other matters necessary for the operation of training courses and the payment of training expenses.
(8) The following matters shall be included in the details of the training referred to in paragraph (7): <Newly Inserted by Presidential Decree No. 27424, Aug. 2, 2016>
1. Matters concerning projects for supporting students with learning disabilities, etc.;
2. Matters concerning methods for distinguishing, diagnosis, guide, prevention and assistance of students with learning disabilities, etc.;
3. Matters concerning exemplary examples of guiding students with learning disabilities, etc.;
4. Matters necessary for improving learning capabilities of students with learning disabilities, etc.
 Article 55 (Use of Textbooks)
Matters necessary for the scope of textbooks referred to in Article 29 (2) of the Act shall be separately prescribed by Presidential Decree.
 Article 56 (Integrated Operation of Schools)
(1) Where any founder or manager of a school intends to integrate and operate schools pursuant to Article 30 (1) of the Act, he/she shall take into account educational circumstances, such as the size of schools, commuting distances for students, and the opinions of residents in the region where such schools subject to integrated operation are located.
(2) Matters necessary for standards for facilities and equipment of schools to be integrated and operated shall be prescribed by Presidential Decree.
(3) Notwithstanding assignment standards provided for in Article 19 (4) of the Act, school personnel may be assigned to integrated schools in consideration of the characteristics of such schools, and the founder or manager of a school may have school personnel hold concurrent positions to the extent that it does not hinder the operation of the school. <Amended by Presidential Decree No. 22542, Dec. 27, 2010; Presidential Decree No. 24377, Feb. 15, 2013>
(4) Standards for assigning school personnel under paragraph (3), curricula operation, compilation and operation of budgets, administrative and financial support, business management, and other matters necessary for the integrated operation of schools shall be determined by the competent authorities. <Amended by Presidential Decree No. 22542, Dec. 27, 2010>
 Article 57 (Branch of School)
The Superintendent of an Office of Education may, in extenuating circumstances, establish branches of public elementary schools, middle schools and special schools.
 Article 57-2 (Safety Measures, etc. for Students)
When the head of a school establishes the safety measures, etc. for students pursuant to Article 30-8 (1) and (2) of the Act, he/she shall undergo deliberation or consultation thereon by the School Governance Committee and hear opinions from students, parents and school personnel.
[This Article Newly Inserted by Presidential Decree No. 23975, Jul. 24, 2012]
SECTION 2 School Governance Committees
 Article 58 (Composition of National and Public School Governance Committees)
(1) The fixed number of members of a School Governance Committee to be established at each national and public elementary school, middle school, high school, and special school (hereafter through Article 62 referred to as "national and public schools") of School Governance Committees referred to in Article 31 of the Act (hereafter referred to as "Governance Committees") shall be determined by the School Governance Committee regulations of the relevant school (hereafter referred to as "committee regulations" in this Section) within the limits set forth in the following subparagraphs, taking into account the size of a school: <Amended by Presidential Decree No. 16729, Feb. 28, 2000>
1. A school whose number of the students is less than 200: Not less than five but not more than eight members;
2. A school whose number of the students is not less than 200 but less than 1000: Not less than nine but not more than 12 members;
3. A school whose number of the students is not less than 1000: Not less than 13 but not more than 15 members.
(2) The component ratio of members of a Governance Committee to be established at national and public schools shall be determined by the committee regulations within the following limits: <Amended by Presidential Decree No. 22712, Mar. 18, 2011>
1. Members for parents of students (referring to those who represent parents of students at the school; hereinafter the same shall apply in this Section): 40/100 to 50/100;
2. Members for teachers (referring to those who represent teachers at the school; hereinafter the same shall apply in this Section): 30/100 to 40/100;
3. Community members (referring to experts on budget, account, audit and inspection, and law living in the area where the school is located or public educational officials work on educational administration living in the area where the school is located, enterprisers who conduct business in the area where the school is located, those who graduated from the school, or those who intend to contribute to operating the school; hereinafter the same shall apply in this Section): 10/100 to 30/100.
(3) Notwithstanding paragraph (2), the component ratio of the members of the Governance Committee of a national or public high school tailored to industrial demand under Article 90 (1) 10 and specialized high school under Article 91 (1) (excluding high schools that provide experience-oriented education, such as field training in nature) may be determined by the committee regulations within the scope according to the categories of the following subparagraphs. In such cases, not less than a half of the community members shall be elected from the enterprisers referred to in paragraph (2) 3: <Amended by Presidential Decree No. 20003, Apr. 12, 2007; Presidential Decree No. 22234, Jun. 29, 2010>
1. Members for parents of students: 30/100 to 40/100;
2. Members for teachers: 20/100 to 30/100;
3. Community members: 30/100 to 50/100.
(4) Notwithstanding paragraphs (2) and (3), the component ratio of the members of the Governance Committee to be established at a national or public school whose number of students is not more than one hundred may be determined by school regulations for national schools, by the committee regulations for public schools within the scope prescribed by the Municipal Ordinance of City/Do. In such cases, more than one member for parents of students, one member for teachers, and one community member shall be included respectively. <Newly Inserted by Presidential Decree No. 22712, Mar. 18, 2011>
 Article 59 (Election, etc., of Members)
(1) The heads of national and public schools shall be ex officio members for teachers in Governance Committees.
(2) Members who are parents of students shall be elected from among parents of students through democratic-representative procedures at a plenary session of parents of students. In such cases, any parent of a student who is unable to attend a plenary session of parents of students in person may cast his/her votes to a candidate before the opening of the plenary session of parents of students in accordance with the methods and procedures prescribed by the committee regulations, such as a reply to the school newsletter sent to him/her or voting by mail. <Amended by Presidential Decree No. 26521, Sep. 15, 2015>
(3) Notwithstanding paragraph (2), where it is difficult to elect members who are parents of students at a plenary session due to the size and facilities of a school, as prescribed by the regulations of the relevant committee, the members may be elected at a meeting which is comprised of representatives of parents of students by each class, as prescribed by the committee regulations. <Newly Inserted by Presidential Decree No. 26521, Sep. 15, 2015>
(4) Members for teachers except ex officio members shall be elected from teachers by an unsigned vote at a plenary session of school personnel. <Amended by Presidential Decree No. 16729, Feb. 28, 2000; Presidential Decree No. 26521, Sep. 15, 2015>
(5) Community members shall be, upon recommendation of any members for parents of students or members for teachers, elected by an unsigned vote. <Amended by Presidential Decree No. 26521, Sep. 15, 2015>
(6) A Governance Committee shall have a chairperson and a vice-chairperson, and they shall be elected from members other than members for teachers by an unsigned vote. <Amended by Presidential Decree No. 26521, Sep. 15, 2015>
(7) When members of a Governance Committee to be established at a national or public school acquire, through abuse of their positions, rights and interests in property, or assist others to acquire the same, by means of transactions with the corresponding school, they may be disqualified by the decision of the Governance Committee. <Newly Inserted by Presidential Decree No. 22712, Mar. 18, 2011; Presidential Decree No. 26521, Sep. 15, 2015>
 Article 59-2 (Convocation of Meetings)
(1) The chairperson shall convene a meeting of the Governance Committee to be established at a national or public school.
(2) When the chairperson intends to convene the Deliberative Committee pursuant to paragraph (1), he/she shall notify each member of date, time, venue and agenda of the meeting no later than seven days before the opening of a meeting and disclose them through the website of the school before convening the meeting: Provided, That the same shall not apply to cases where there exist any urgent needs. <Amended by Presidential Decree No. 27546, Oct. 18, 2016>
(3) When the chairperson of the Governance Committee to be established at a national or public school determines the date of the meeting, it shall be convenient time such as weekends for members to attend the meeting.
[This Article Newly Inserted by Presidential Decree No. 22712, Mar. 18, 2011]
 Article 59-3 (Preparation of Minutes and Publications thereof)
(1) A Governance Committee to be established at a national or public school shall, when holding a meeting, manage meeting records including the dates of meetings, places, names of the members present, agendas, summaries of proposals, resolutions passed, or such.
(2) The minute prepared pursuant to the paragraph (1) shall be opened to the public through school homepages, etc: Provided, That matters falling under any of the following subparagraphs may not be opened to the public following the resolution of a Governance Committee.
1. Private matters such as names, resident registration numbers included in minutes deemed to interfere with an individual privacy or freedom when opened to the public.
2. Matters deemed to significantly impede fair deliberation of a Governance Committee when opened to the public.
3. Matters deemed inappropriate to make it open to the public for the education of students and the protection of educational authority.
[This Article Newly Inserted by Presidential Decree No. 22712, Mar. 18, 2011]
 Article 59-4 (Gathering of Opinions, etc)
(1) A Governance Committee to be established at a national or public school shall, when intending to deliberate on the matters concerning expenses parents of students bear, conduct in advance the process of gathering opinions from parents of students, as prescribed by school regulations for national schools and as prescribed by Municipal Ordinance of City/Do for public schools.
(2) A Governance Committee to be established at a national or public school may, if deemed necessary to deliberate on the matters concerning students' school life, request student representatives, etc. to attend a meeting and listen to their opinions.
(3) A Governance Committee to be established at a national or public school may, as prescribed by school regulations for national schools and by Municipal Ordinances of a City/Do for public schools, have student representatives gather students' opinions concerning the students' school life and suggest them to the Governance Committee.
[This Article Newly Inserted by Presidential Decree No. 22712, Mar. 18, 2011]
 Article 59-5 (Exclusion, etc. of Members)
(1) If a member of a Governance Committee falls under any of the following cases, he/she shall be excluded from the deliberation and resolution of the relevant agenda:
1. Where the member, or a person who is or was his/her spouse, becomes a party to the relevant agenda (where the party is a corporation, organization, etc., including the executives thereof; hereafter the same shall apply in this subparagraph and subparagraph 2) or is holding any right or duty jointly with the party to such agenda;
2. Where the member is a relative of a party to the relevant agenda;
3. Where the member has given any testimony, statement or advice, or conducted any research, service or appraisal with respect to the relevant agenda;
4. Where the member or any corporation, organization, etc., where he/she belongs to is or was an agent of a party to the relevant agenda.
(2) Where it is difficult to expect the impartial deliberation of any member of a Governance Committee, a party to the relevant agenda may file a request for the challenge to him/her with the Governance Committee, and the Governance Committee shall make a decision on such request by its resolution. In such cases, the member subject to such request for challenge shall not participate in the resolution.
(3) Where a member of a Governance Committee falls under any subparagraph of paragraph (1), he/she shall voluntarily refrain from the deliberation and resolution of the relevant agenda.
[This Article Newly Inserted by Presidential Decree No. 26521, Sep. 15, 2015]
 Article 60 (Implementation, etc. of Results of Deliberation)
(1) The head of any national or public school shall respect the results of a deliberation by the Governance Committee to the maximum extent possible, and where he/she intends to act differently from the result of the deliberation, he/she shall file a written report with the Governance Committee and the competent authorities.
(2) Where it threatens to severely impede the conduct of educational activities and operating the school in the course of a deliberation by the Governance Committee, or there is no time to convene the Governance Committee due to any national disaster or other force majeure, the head of any national or public school may implement matters listed in Article 32 of the Act without deliberation by the Governance Committee.
(3) Where the head of any national or public school implements matters without deliberation by the committee pursuant to paragraph (2), he/she shall report in writing without delay on related matters and the causes therefor to the Governance Committee and the competent authorities.
 Article 60-2 (Subcommittee)
(1) The Governance Committee established at national and public schools shall have a school meal subcommittee in order to effectively deliberate on the matters related to school meal. If necessary, subcommittees by field such as the Budget and Final Accounts subcommittee, etc. shall be established.
(2) Matters necessary for the composition and operation of subcommittees established at national and public schools shall be determined by school regulations for national schools and by Municipal Ordinances of a City/Do for public schools.
[This Article Newly Inserted by Presidential Decree No. 22712, Mar. 18, 2011]
 Article 61 (Order for Correction)
Where the head of any national or public school acts differently from the result of a deliberation and resolution by the Governance Committee under Article 32 (1) and (3) of the Act or fails to implement the result of such deliberation and resolution without any justifiable cause, or he implements matters to be deliberated without deliberation without any cause referred to in Article 60 (2), the competent authorities may give an order for correction referred to in Article 63 of the Act. <Amended by Presidential Decree No. 16729, Feb. 28, 2000>
 Article 62 (Delegation to Municipal Ordinances, etc.)
Matters not provided for in this Decree with respect to the composition and operation of Governance Committees to be established at national and public schools shall be determined by school regulations for national schools and by Municipal Ordinances of the City/Do for public schools.
 Article 63 (Governance Committees of Private Schools)
(1) Governance committees to be established at private elementary schools, middle schools, high schools, and special schools (hereafter in this Article referred to as "private schools") pursuant to Article 31 of the Act (hereinafter referred to as "Governance Committees of private schools") shall be composed of members for teachers, members for parents of students, and community members of the relevant schools.
(2) The provisions of Articles 58, 59, and 60 (2) and (3) shall apply mutatis mutandis to the fixed number and election, etc. of the members of a Governance Committee of a private school, but members for teachers except ex officio members shall be commissioned by the head of a school from those who are recommended at a plenary session of school personnel in accordance with the procedures as prescribed by the articles of incorporation. In such cases, the term "national and public schools" shall be deemed "private schools", the term "deliberation" shall be deemed "consultation", and the term "Municipal Ordinance of City/Do shall be deemed "bylaws." <Amended by Presidential Decree No. 22712, Mar. 18, 2011>
(3) The head of a school shall respect the result of consultation with the Governance Committee as best as he/she can.
(4) If the head of any private school fails to go through a deliberation and resolution by the Governance Committee or acts differently from the result of such deliberation and resolution, or if he/she fails to implement the result of such deliberation and resolution without any justifiable cause or implements the result without going through consultation without any reason under Article 60 (2), with respect to the creation, operation, and use of a school development fund under Article 32 (3) of the Act, the competent authorities may give an order for correction referred to in Article 63 of the Act.
(5) Matters not prescribed by this Decree concerning the composition of a Governance Committee of a private school shall be prescribed by the articles of incorporation.
[This Article Wholly Amended by Presidential Decree No. 16729, Feb. 28, 2000]
 Article 64 (School Development Fund)
(1) A school development fund referred to in Article 33 of the Act (hereinafter referred to as "development fund") shall be created in the following methods:
1. Receipt of money and valuables provided by donors;
2. Receipt of money and valuables which organizations and groups comprised of parents of students in and outside of school collect voluntarily from any members or raise from others.
(2) A development fund shall be used for:
1. Repairing and expanding school educational facilities;
2. Buying tools, equipment, and books for education;
3. Assisting school athletic activities or other academic activities;
4. Assisting student welfare and students' self-governing activities.
(3) A Governance Committee shall create and operate the development fund under the name of the chairman of the Governance Committee, as stipulated by Ordinance of the Ministry of Education. <Amended by Presidential Decree No. 17115, Jan. 29, 2001; Presidential Decree No. 20740, Feb. 29, 2008; Presidential Decree No. 24423, Mar. 23, 2013>
(4) A Governance Committee may entrust the management and execution of the development fund and part of business auxiliary thereto to the head of the relevant school.
(5) The head of a school entrusted with business pursuant to paragraph (4) shall manage the development fund through separate accounts, and report in writing on the execution plan and details of the development fund to the Governance Committee each quarter.
(6) A Governance Committee upon receipt of a report under paragraph (5) shall review it and notify the parents of students of the result.
(7) Where a Governance Committee entrusts the business on development fund pursuant to paragraph (4) to the head of the school concerned, he/she may audit the execution status of the development fund.
(8) A Governance Committee shall complete the following affairs within 20 days after the closing of the school's financial year: <Amended by Presidential Decree No. 26521, Sep. 15, 2015>
1. Closing accounts of the development fund;
2. Report on accounts closed under subparagraph 1 to the competent authorities and notification thereof to parents of students.
(9) Matters necessary for creation, operation, accounting, and management of the development fund shall be determined by Ordinance of the Ministry of Education. <Amended by Presidential Decree No. 17115, Jan. 29, 2001; Presidential Decree No. 20740, Feb. 29, 2008; Presidential Decree No. 24423, Mar. 23, 2013>
SECTION 3 Deleted
 Article 65 Deleted. <by Presidential Decree No. 18690, Jan. 29, 2005>
SECTION 4 Middle Schools
 Article 66 (Admission to Middle Schools)
(1) Unless otherwise expressly provided for, a decision on middle school students' entrance, re-attendance, transfer, and special entrance of school shall be made by the head of a school, as prescribed by the school regulations. <Amended by Presidential Decree No. 22234, Jun. 29, 2010; Presidential Decree No. 24377, Feb. 15, 2013>
(2) Notwithstanding paragraph (1), a decision on the method of admission, re-admission, re-attendance, transfer and special admission to a middle school that selects students upon their application shall be made by the head of a school, according to the standards and procedures determined and publicly announced by the Superintendent of an Office of Education. <Newly Inserted by Presidential Decree No. 22234, Jun. 29, 2010; Presidential Decree No. 24377, Feb. 15, 2013>
 Article 67 (Timing, etc. for Entering Middle Schools)
A middle school student may enter, re-attend a middle school or may be granted special admission at any time unless he/she has difficulty in completing the curriculum of the relevant school: Provided, That the timing for special admission in the districts prescribed by municipal ordinance of City/Do pursuant to Article 77 (2) may be set by the Superintendent of an Office of Education.
[This Article Wholly Amended by Presidential Decree No. 25961, Jan. 6, 2015]
 Article 68 (Methods for Entering Middle Schools)
(1) The head of the district office of education shall allocate schools for applicants for admission to middle schools to enter through sortition according to districts and school groups, and for districts which are extremely distant and lack traffic facilities for students to go to school, he/she shall allocate schools to be entered according to the middle school districts set by the Superintendent of an Office of Education.
(2) Where middle schools are allocated through sortition, applicants for admission to middle schools located in districts determined and publicly announced by the Superintendent of an Office of Education may select and apply for at least two schools according to methods and procedures determined by the Superintendent of an Office of Education, and the head of the district office of education may allocate all or part of the fixed number of the relevant school through sortition from among those applicants for entrance.
(3) The districts, school groups, middle school districts, and sortition methods referred to in paragraph (1) shall be determined by the Superintendent of an Office of Education through a resolution of the City/Do council. <Amended by Presidential Decree No. 25961, Jan. 6, 2015>
(4) Where the Superintendent of an Office of Education determines the districts pursuant to paragraph (3), he/she shall make notification thereof.
 Article 69 (Methods for Entrance by Student Athletes)
(1) Notwithstanding Article 68, the head of the district office of education may admit student athletes within the limits determined by the Superintendent of an Office of Education among the fixed number of admission of the school year in the jurisdiction of the head of the district office of education. In such cases, athletic specialty schools and their fixed numbers by sport shall be designated and allocated by the head of a district office of education.
(2) Notwithstanding Article 68, if a student who is to enter a middle school falls under any of the following persons, the head of a district office of education may admit him/her by designating a school among those in the school group concerned: <Amended by Presidential Decree No. 26521, Sep. 15, 2015>
1. A physically handicapped child;
2. A child of a person who rears at least three children under the age of 18 (it shall be based on the entry in his/her family relation register, adopted children and the children of his/her spouse shall be included, but the number of adopted children shall not be included in the number of children of biological parents).
(3) The detailed scope and recognition methods of persons eligible for entrance under paragraphs (1) and (2) and the methods, procedures, etc., for their entrance shall be determined by the head of a district office of education. <Amended by Presidential Decree No. 26521, Sep. 15, 2015>
 Article 70 (Committees for Management of Middle School Admission Sortition)
(1) A committee for management of middle school admission sortition shall be established at each school group attached to the head of a district office of education to conduct sortition referred to in Article 68 (1).
(2) A committee management of middle school admission sortition referred to in paragraph (1) shall be comprised of five to seven members appointed or commissioned by the head of a district office of education, and matters necessary for the composition and operation thereof shall be determined by the Educational Rules of the relevant City/Do.
 Article 71 (Submission of Allocation Forms for Middle Schools)
A person who intends to enter middle school shall submit an allocation form for a middle school to a committee for management of middle school admission sortition to which the elementary school from which he/she graduated belongs: Provided, That where he/she falls under any of the following subparagraphs, it shall be submitted to the head of the district office of education concerned:
1. Residents of middle school districts: the head of the district office of education having jurisdiction over their places of residence;
2. Graduates from elementary school whose places of residence have been moved and who fall under any of subparagraphs of Article 96: the head of the district office of education having jurisdiction over an elementary school which makes their places of residence a school district.
 Article 72 Deleted. <by Presidential Decree No. 24377, Feb. 15, 2013>
 Article 72-2 (Application Fees)
Standards for application fees applicable to middle schools that select students upon their application shall be prescribed by the Educational Rules of the relevant City/Do.
[This Article Newly Inserted by Presidential Decree No. 22234, Jun. 29, 2010]
 Article 73 (Transfer, etc. to Middle Schools)
(1) Any transfer or special admission to middle schools shall be restricted to middle schools in any school group to which the elementary school which makes places of residence a school district belongs, or in the middle school district. In such cases, the head of a district office of education shall allocate a middle school within seven days from the date of receipt of application documents for change or special admission for school groups, and the head of a middle school in the middle school district shall permit such change or special admission for middle school districts: Provided, That for school groups, where there are no vacancies in middle schools in a school group to which the elementary school making places of residence a school district belongs, and if any person who intends to transfer schools or gain special admission wishes, the head of the district office of education may allocate a middle school in another school group falling under his jurisdiction.
(2) When the head of a district office of education has allocated a middle school located in any school group to which the elementary school which makes places of residence a school district belongs pursuant to paragraph (1) for a student who intends to be transferred or specially admitted, he/she shall immediately notify such fact to the head of the school to which the relevant student is expected to be transferred or specially admitted. <Newly Inserted by Presidential Decree No. 27546, Oct. 18, 2016>
(3) Notwithstanding the main sentence of paragraph (1), where there are vacancies for athletic meritocrats in the athletic specialty school corresponding to his/her specialty for an athletic meritocrat, the head of a district office of education may allow him/her to transfer to schools or gain special admission without sortition. <Amended by Presidential Decree No. 27546, Oct. 18, 2016>
(4) Where a public official is transferred to an island or a remote area other than his/her connected place, and if it is impossible for his/her children to attend a middle school located in the designated school group or middle school district living with his/her parents, they may, notwithstanding paragraph (1), be allowed to transfer or gain special admission to a middle school in the school group or middle school district of the public official's connected place within the scope of the fixed number without sortition. <Amended by Presidential Decree No. 27546, Oct. 18, 2016>
(5) "Island or a remote area" in paragraph (4) means an area eligible for island and remote area allowances pursuant to the Acts and subordinate statutes related to the payment of island and remote area allowances, and "school group or middle school district of public official's connected place" means any of the following school groups or middle school districts: <Amended by Presidential Decree No. 27546, Oct. 18, 2016>
1. Any school group or middle school district in the City/Do having jurisdiction over the area in which the public official concerned serves;
2. Any school group which has an elementary school making a place of residence immediately preceding transfer to an island or a remote area, a school district or middle school district.
(6) Where the head of a middle school requests a student's transfer, re-attendance, or special admission to another school as deemed necessary to change the student's educational environment, the head of the district office of education may, notwithstanding the main sentence of paragraph (1), designate and allocate a school to which the student may transfer, re-attend, or be re-admitted. <Amended by Presidential Decree No. 24377, Feb. 15, 2013; Presidential Decree No. 27546, Oct. 18, 2016>
(7) Where students to transfer or to be specially admitted have no difficulty in completing the curriculum, the head of a middle school may grant permission for transfer and special admission between middle schools, specialized middle schools referred to in Article 76, and academic background-accredited various schools. <Amended by Presidential Decree No. 27546, Oct. 18, 2016>
 Article 74 (Special Admission to other Schools)
(1) Persons entitled to special admission into other schools shall be those who have completed courses of the school year preceding that into which they may be re-admitted and those who have been recognized as having equivalent or higher academic background.
(2) Deleted. <by Presidential Decree No. 24377, Feb. 15, 2013>
 Article 75 (Admission, Transfer and Special Admission of Students Returning from Overseas, Multicultural Students, etc.)
(1) The guardian of any of the following children or students may apply for the admission, transfer or special admission to a school to the head of an elementary school in the school district, or the head of a middle school in the middle school districts, where his/her residence is located, instead of taking the procedures for admission to a school, change of schools, or special admission to a school under Article 68 or 73 (1):
1. Children or students who fall under Article 19 (1) 1 through 4;
2. Other children or students who cannot take the procedures for admission, transfer or special admission to a school under Article 68 or 73 (1) for the reason that he/she did not reside in the Republic of Korea before he/she is admitted, transferred or specially admitted to a middle school, or has no school record in the Republic of Korea.
(2) The head of a middle school who receives an application under paragraph (1) shall verify the details of the certificate of the entry into and departure from Korea, or of the certificate of the alien registration under Article 88 of the Immigration Act by sharing administrative information under Article 36 (1) of the Electronic Government Act: Provided, That where the guardian of a child or student who falls under the subparagraphs of paragraph (1) does not consent to such verification, the head of the relevant school shall require him/her to submit any of the following documents:
1. A document that proves the entry into and departure from Korea or the alien registration;
2. A document that verifies his/her residence in Korea, such as a written lease contract or letter of guarantee from his/her neighbor.
(3) Children who have come to Korea from abroad may, notwithstanding paragraph (1), enter, transfer, or be specially admitted to middle schools which have established special classes for returning students, as prescribed by the Superintendent of an Office of Education.
(4) Multicultural students may, notwithstanding Articles 68 and 73 (1), enter, transfer, or be specially admitted to middle schools which have established special classes for multicultural students, as prescribed by the Superintendent of an Office of Education.
[This Article Wholly Amended by Presidential Decree No. 24810, Oct. 30, 2013]
 Article 75-2 (Establishment and Operation of Air and Correspondence Middle Schools)
Matters necessary for the establishment and operation of Air and Correspondence Middle Schools under Article 43-2 shall be separately prescribed by Presidential Decree.
[This Article Newly Inserted by Presidential Decree No. 24810, Oct. 30, 2013]
 Article 76 (Specialized Middle Schools)
(1) The Superintendent of an Office of Education may designate and publicly announce middle schools to specialize in the operation, etc., of curricula (hereinafter referred to as "specialized middle schools"). In such cases, he/she shall obtain prior consent from the Minister of Education. <Amended by Presidential Decree No. 17115, Jan. 29, 2001; Presidential Decree No. 17390, Oct. 20, 2001; Presidential Decree No. 20056, May 16, 2007; Presidential Decree No. 20740, Feb. 29, 2008; Presidential Decree No. 24423, Mar. 23, 2013; Presidential Decree No. 25819, Dec. 9, 2014>
(2) The head of an educational foundation or the head of a school that seeks designation as a specialized middle school shall prepare an application, including the following matters, and submit it to the Superintendent of an Office of Education: <Amended by Presidential Decree No. 22234, Jun. 29, 2010>
1. A school operation plan;
2. A curriculum operation plan;
3. A plan for admission process;
4. A teachers assignment plan;
5. Other matters determined and publicly announced by the Superintendent of an Office of Education concerning the operation of specialized middle schools.
(3) The head of a specialized middle school may, notwithstanding Article 68, select students upon their application.
(4) The head of a specialized middle school shall not conduct a written examination when selecting students pursuant to paragraph (3).
(5) The Superintendent of an Office of Education may revoke the designation of a specialized middle school, in any of the following circumstances: <Amended by Presidential Decree No. 25184, Feb. 18, 2014>
1. Where the budget has been executed deceitfully or otherwise fraudulently;
2. Where a student was selected by illegal means;
3. Where any serious cause for violating the purpose of designation has occurred, such as unjust operation of a curriculum;
4. Where the relevant school has applied for revocation due to the occurrence of any cause, etc., that the purpose of designation can not be achieved;
5. Where it is deemed impracticable to achieve the purpose of designation as a result of evaluation of the operation performance, etc., of the relevant school conducted by the Superintendent of an Office of Education every five years, as prescribed by the Educational Rules of the relevant City/Do.
(6) The Superintendent of an Office of Education shall obtain prior consent from the Minister of Education when he/she intends to revoke the designation of a specialized middle school. <Newly Inserted by Presidential Decree No. 22955, Jun. 7, 2011; Presidential Decree No. 24423, Mar. 23, 2013; Presidential Decree No. 25819, Dec. 9, 2014>
(7) Where the Minister of Education intends to determine whether to consent to the designation or revocation of designation of a specialized middle school under the latter part of paragraph (1) or paragraph (6), he/she shall undergo deliberation of the Committee for Designation of Special Purpose High Schools, Etc. <Newly Inserted by Presidential Decree No. 25819, Dec. 9, 2014>
(8) Where the designation of a specialized middle school is revoked under paragraph (5), the Superintendent of an Office of Education shall, in consultation with the head of the relevant school, ensure that the curriculum is operated as originally planned for the students attending the relevant school at the time of revocation of designation until their graduation. <Newly Inserted by Presidential Decree No. 25184, Feb. 18, 2014>
(9) Except as otherwise expressly provided for in paragraphs (1) through (8), matters necessary for the designation, revocation of designation, and operation of specialized middle schools shall be prescribed by Ordinance of the Ministry of Education. <Newly Inserted by Presidential Decree No. 22234, Jun. 29, 2010; Presidential Decree No. 22955, Jun. 7, 2011; Presidential Decree No. 25184, Feb. 18, 2014; Presidential Decree No. 25819, Dec. 9, 2014>
 Article 76-2 (Designation and Governance Committee for Specialized Middle Schools)
(1) The Designation and Governance Committee for Specialized Middle Schools shall be established under the jurisdiction of the Superintendent of an Office of Education to deliberate on the following matters on the designation and operation of middle schools to provide advice as may be required by the Superintendent of an Office of Education:
1. Matters concerning plans for the designation and operation of specialized middle schools;
2. Matters concerning the revocation of designation of specialized middle schools;
3. Matters concerning the evaluation on operation of specialized middle schools;
4. Other matters determined by the Superintendent of an Office of Education concerning the operation, etc., of specialized middle schools.
(2) Matters necessary for the composition and operation of the Designation and Governance Committee for Specialized Middle Schools under paragraph (1) shall be prescribed by the Educational Rules of the relevant City/Do.
[This Article Newly Inserted by Presidential Decree No. 26521, Sep. 15, 2015]
SECTION 5 High Schools
 Article 76-3 (Classification of High Schools)
High schools shall be classified as listed below, based on autonomy in the operation of curricula and schools: <Amended by Presidential Decree No. 23435, Dec. 30, 2011>
1. General high schools (referring to high schools providing general education in various disciplines other than a specific one, but including high schools not falling under those referred to in subparagraphs 2 through 4; hereinafter the same shall apply);
2. Special purpose high schools under Article 90;
3. Specialized high schools under Article 91;
4. Autonomous high schools (referring to autonomous private high schools under Article 91-3 and autonomous public high schools under Article 91-4).
[This Article Newly Inserted by Presidential Decree No. 22234, Jun. 29, 2010]
 Article 77 (Administrator of Admission Process for High Schools)
(1) An admission process for a high school shall be conducted by the head of the school. In such cases, matters necessary for admission process, such as the method of an admission process, shall be determined by the head of the school upon approval by the Superintendent of an Office of Education.
(2) Notwithstanding paragraph (1), admission process for second group of schools under Article 80 (1) in the area prescribed by Municipal Ordinance of City/Do that satisfy all of the following requirements shall be conducted by the Superintendent of an Office of Education: <Amended by Presidential Decree No. 22712, Mar. 18, 2011>
1. It shall not cause any commuting difficulty to students considering the distance between schools and the development of transportation systems;
2. The number of middle school graduates shall keep a proper balance with the fixed number of admission of high school;
3. It shall be proper for the Superintendent of an Office of Education to conduct admission process as a result conducting a feasibility study including each of the following items:
(a) Determination of school groups;
(b) Method for assigning students;
(c) Plans to narrow the education gap between schools;
(d) Plans to reduce non-preferred schools;
(e) Plans to diversify and specialize the curricula of unit schools.
4. The results of the opinion polls conducted for students and the parents of students residing in the area where the relevant high school is located shall satisfy the standards prescribed by Municipal Ordinance of City/Do. In such cases, the contents of the opinion polls shall include each item of subparagraph 3.
(3) Where ordinance of a City/Do is to be revised to revoke the designation of an area where the Superintendent of an Office of Education conducts admission process pursuant to paragraph (2), the results of the opinion polls conducted for students and the parents of students residing in the area where the relevant high school is located shall satisfy the standards prescribed by ordinance of the City/Do. <Newly Inserted by Presidential Decree No. 22712, Mar. 18, 2011>
(4) Specific details necessary for conducting a feasibility study and opinion polls under paragraph (2) 3, 4 and (3) shall be prescribed by the Educational Rules of the relevant City/Do. <Newly Inserted by Presidential Decree No. 22712, Mar. 18, 2011>
 Article 78 (Formulation and Public Announcement of Master Plan for Entrance Screening)
(1) For the fair administration of high school entrance screening, the Superintendent of an Office of Education shall formulate and publicly announce a master plan for entrance screening which specifies basic matters concerning entrance screening, such as procedures for and methods of execution and modified matters of entrance screening of the following school year of high schools located within his/her jurisdiction by March 31 each year: Provided, That if any justifiable reason exists, such as changes in the classification of high schools under Article 76-3 after the public announcement thereof, he/she shall establish a modified plan by no later than three months prior to the execution date of entrance screening and publicly announce it. <Amended by Presidential Decree No. 22955, Jun. 7, 2011; Presidential Decree No. 26521, Sep. 15, 2015>
(2) Where an administrator of admission process intends to conduct entrance screening, he/she shall formulate and publicly announce a plan to conduct entrance screening, such as the date of entrance screening, receipt of applications, and method of screening by no later than three months prior to the execution date (by no later than 30 days prior to the execution date, if a school is scheduled to open in the following school year) within the extent of a master plan for entrance screening (hereinafter referred to as "master plan for entrance screening") pursuant to paragraph (1).
[This Article Wholly Amended by Presidential Decree No. 21375, Mar. 27, 2009]
 Article 79 (Entrance Screening Committee for High Schools)
(1) An entrance screening committee for high schools shall be established under the jurisdiction of the Superintendent of an Office of Education to deliberate on the following matters on the entrance screening for high schools to provide advice as may be required by the Superintendent of an Office of Education: <Amended by Presidential Decree No. 21375, Mar. 27, 2009; Presidential Decree No. 23435, Dec. 30, 2011>
1. Matters concerning a master plan for entrance screening and an execution plan for entrance screening;
2. Matters concerning the scope of, and methods for setting problems and marking standards for selection examinations;
3. Matters concerning the assessment methods for school records or the results of selection examinations;
4. Matters referred to in Article 91-3 (3) 2 and 4;
5. Other matters concerning conducting entrance screening determined by the Superintendent of an Office of Education.
(2) Matters concerning the structure and operation of an entrance screening committee for high school shall be determined by the Educational Rules of the relevant City/Do.
 Article 80 (Classification of Selection Time)
(1) The time for selecting new high school students shall be divided into the first term and the second term, and schools or departments selecting students in the first term (hereinafter referred to as "schools of the first term") mean the following high schools or departments, and schools or departments selecting students in the second term (hereinafter referred to as "schools of the second term") mean the high schools, other than the schools of the first term: <Amended by Presidential Decree No. 20003, Apr. 12, 2007; Presidential Decree no. 21375, Mar. 27, 2009; Presidential Decree No. 22234, Jun. 29, 2010; Presidential Decree No. 23435, Dec. 30, 2011>
1. Deleted; <by Presidential Decree No. 22234, Jun. 29, 2010>
2. Art and athletic high schools (referring to high schools which mainly provide technical education, such as arts and athletics; hereinafter the same shall apply) among general high schools;
3. Special purpose high schools under Article 90;
4. Specialized high schools under Article 91;
5. Autonomous private high schools pursuant to Article 91-3;
6. Departments determined by the Superintendent of an Office of Education among departments established in general high schools (limited to departments established for the purposes of training artists and athletics or training talented persons in a specific field corresponding to specialized high schools under Article 91).
(2) Notwithstanding paragraph (1), schools located in areas determined and publicly announced by the Minister of Education may select new high school students by separately determining the time for selecting students. <Amended by Presidential Decree No. 22234, Jun. 29, 2010; Presidential Decree No. 24423, Mar. 23, 2013>
 Article 81 (Applications for Admission)
(1) Any person who intends to apply for admission to a high school shall select one school in the area where the middle school he/she has attended is located and apply for admission to the administrator of admission process of the relevant school: Provided, That a person who falls under any of subparagraphs 1 through 3 shall apply for admission to the administrator of admission process having jurisdiction over the place of his/her residence, and a person who falls under subparagraph 4 or 5 may choose a school located in the area where the middle school he/she has attended is located and apply for admission to the administrator of admission process of the relevant school or to the administrator of admission process having jurisdiction over the place of his/her residence defined in Article 89 (4): <Amended by Presidential Decree No. 20056, May 16, 2007; Presidential Decree No. 21375, Mar. 27, 2009; Presidential Decree No. 23435, Dec. 30, 2011; Presidential Decree No. 25961, Jan. 6, 2015>
1. A person who falls under any subparagraph of Article 97 (1);
2. A person who has undergone education in another City/Do due to a middle school district;
3. A middle school graduate whose place of residence has been relocated;
4. A graduate-to-be or a graduate from a specialized middle school referred to in Article 76;
5. A graduate-to-be or a graduate from a middle school which is designated as an autonomous school pursuant to Article 105 (1) and selects students by a method other than by sortition according to districts and school groups under Article 68 (1).
(2) Notwithstanding paragraph (1), if it is deemed appropriate for a person who applies for admission to a high school located in a neighboring City/Do due to justifiable educational reasons, such that he/she has difficulty in commuting due to distance or inconvenient transportation or that there is no school of the first term he/she intends to apply for in the area where a middle school that he/she has attended is located, he/she may apply to the administrator of admission process for the neighboring high school, as determined by the Superintendent of the relevant Office of Education through consultation. <Amended by Presidential Decree No. 21375, Mar. 27, 2009>
(3) Notwithstanding paragraph (1), any person who intends to apply for admission to any of the following high schools among schools of the first term shall select one high school, regardless of the area (in cases of a person falling under any subparagraph of paragraph (1), referring to the area in which he/she resides) where a middle school he/she has attended is located and file an application with the administrator of admission process of the relevant high school: <Amended by Presidential Decree No. 21375, Mar. 27, 2009; Presidential Decree No. 22234, Jun. 29, 2010; Presidential Decree No. 22955, Jun. 7, 2011; Presidential Decree No. 24423, Mar. 23, 2013>
1. A high school under Article 81-2;
2. A special purpose high school falling under Article 90 (1) 7 and 10;
3. A school designated by the Minister of Education or the Superintendent of an Office of Education among specialized high schools under Article 91;
4. Deleted. <by Presidential Decree No. 22234, Jun. 29, 2010>
(4) A person who intends to enter a high school which provides day classes (hereinafter referred to as "day session") and night classes (hereinafter referred to as "evening session") may simultaneously apply for both a day session and an evening session for the same school.
(5) Notwithstanding the main sentence of paragraph (1), a person who intends to enter a day session of a school of the second term in the area prescribed by ordinance of the relevant City/Do pursuant to Article 77 (2) may select and apply for at least two schools according to the methods and procedures determined by the Superintendent of an Office of Education. <Amended by Presidential Decree No. 17115, Jan. 29, 2001; Presidential Decree No. 20740, Feb. 29, 2008; Presidential Decree No. 22712, Mar. 18, 2011>
(6) Notwithstanding the main sentence of paragraph (1), children of people who work for public agencies relocating to an innovation city as defined in subparagraph 3 of Article 2 of the Special Act on the Construction and Support of Innovation Cities Following Relocation of Public Agencies and to a multifunctional administrative city as defined in subparagraph 1 of Article 2 of the Special Act on the Construction of Administrative City in Yeongi-Gongju Area for Follow-up Measures for New Administrative Capital may apply for admission to an administrator of admission process of a school located in the relevant area, as determined by the Superintendent of the Office of Examination having jurisdiction over the area to which the public agencies relocate. <Newly Inserted by Presidential Decree No. 23435, Dec. 30, 2011>
(7) Notwithstanding paragraphs (1) and (3), a person who applied for the admission to a high school tailored to industrial demand referred to in Article 90 (1) 10 but has failed to be selected may reapply for the admission to the administrator of admission process of any of the following high schools or departments: <Newly Inserted by Presidential Decree No. 25961, Jan. 6, 2015>
1. High schools which provide education specialized in training talents in a specific field among specialized high schools referred to in Article 91 (1);
2. Departments determined by the Superintendent of an Office of Education among departments established in general high schools for training talents in a specific field corresponding to specialized high schools under Article 91.
(8) Notwithstanding paragraphs (1) and (3), a person who applied for the special admission process under Article 82 (8) but has failed to be selected may reapply for the admission to the administrator of admission process referred to in paragraph (7). <Newly Inserted by Presidential Decree No. 25961, Jan. 6, 2015>
 Article 81-2 (Special Cases of Registration of Students)
The head of a high school meeting all of the following requirements may receive applications for admission from persons (persons falling under any subparagraph of Article 81 (1) shall be those residing in the area, other than the area where the relevant high school is located) who have attended in a middle school, other than the area where the relevant high school is located, within the extent determined by the relevant administrator of entrance screening in prior consultation with the Minister of Education. In such cases, the ratio of registration of students shall be determined within the extent that does not impair the application principle of entrance screening under Article 81 (1): <Amended by Presidential Decree No. 24423, Mar. 23, 2013>
1. Not to receive school personnel expenses and school or curricula operating expenses referred to in attached Table 1 of the Enforcement Decree of the Local Education Subsidy Act from the State or a local government;
2. An amount (hereinafter referred to as "money transferred from an educational foundation") transferred to school accounts from educational foundation accounts each year shall be not less than the standard prescribed by the Minister of Education;
3. It shall be deemed necessary by the Minister of Education after evaluating the formation and operation of curricula, operation of school affairs, teaching and studying methods, etc.
[This Article Newly Inserted by Presidential Decree No. 21375, Mar. 27, 2009]
 Article 82 (Methods of Admission Process)
(1) Admission process of the schools of the first term may be conducted upon reflecting student records of middle school (in the absence of school records, data available in lieu thereof) to the extent not exceeding the level and scope of curriculum of middle schools and all or part of the following in order to enhance students' self-learning ability, as determined by the Superintendent of an Office of Education: <Amended by Presidential Decree No. 22234, Jun. 29, 2010; Presidential Decree No. 23435, Dec. 30, 2011>
1. A letter of recommendation by a teacher of the middle school which an applicant attends or has graduated from;
2. An interview;
3. Other matters that may assess a student's self-learning ability, such as the results of an examination for practical skills.
(2) Admission process for the schools of the second term shall be conducted with school records (in the absence of school records, data available in lieu thereof) of middle school or an examination for selecting students, or with a combination thereof or in the method prescribed in paragraph (1). <Amended by Presidential Decree No. 23435, Dec. 30, 2011>
(3) Notwithstanding paragraphs (1) and (2), admission process for any of the following persons may be conducted in any methods other than those referred to in the same paragraphs: <Amended by Presidential Decree No. 19057, Sep. 29, 2005; Presidential Decree No. 20635, Feb. 22, 2008; Presidential Decree No. 22234, Jun. 29, 2010>
1. Persons who have completed school education of at least nine years or school education equivalent to that of an elementary school and a middle school in a foreign country or in the area north of the Military Demarcation Line;
2. Any of the following persons who have transferred or been admitted to transfer from a foreign school to a domestic middle school and graduated from the domestic middle school:
(a) Students returning to Korea after having attending in a foreign school for at least two years (limited to those who lived with their parents overseas for at least two years);
(b) Children of scientific technicians and professors returning to Korea upon the invitation or on the recommendation of the Government;
(c) Foreign students (referring to students who have completed the middle school curricula for at least two years overseas, if one or both of the parents is a national of the Republic of Korea);
3. Persons subject to protection as defined in subparagraph 2 of Article 2 of the North Korean Refugees Protection and Settlement Support Act, who have been admitted to transfer and graduated from a middle school in the area south of the Military Demarcation Line after having been in a school north of the Military Demarcation Line for at least two years;
4. Persons who have been recognized that they have academic background equivalent to that of a middle school graduate pursuant to Article 97 (1) 3 or 98-3.
(4) In applying paragraph (3) 2 (a), if the period of school attendance or the period of residence falls short of two years for unavoidable reasons, such as the period required for entering a foreign school, they may apply by shortening the period of attendance at school or the period of residence listed in the same subparagraph and item through a review by an admission committee on qualifications for exceptional admission to high schools established in a City/Do. <Amended by Presidential Decree No. 16137, Feb. 27, 1999>
(5) Matters necessary for the establishment and operation of the admission committee on qualifications for exceptional admission to high schools referred to in paragraph (4) shall be determined by the Superintendent of an Office of Education. <Amended by Presidential Decree No. 16137, Feb. 27, 1999>
(6) Notwithstanding paragraphs (1) and (2), the admission process of high schools meeting all of the following requirements may be conducted with a method determined by the head of the relevant high school in a specific ratio of the admission approved by the superintendent of an Office of Education. <Newly Inserted by Presidential Decree No. 17142, Mar. 2, 2001; Presidential Decree No. 21375, Mar. 27, 2009; Presidential Decree No. 22234, Jun. 29, 2010; Presidential Decree No. 22712, Mar. 18, 2011; Presidential Decree No. 24423, Mar. 23, 2013>
1. Deleted; <by Presidential Decree No. 21375, Mar. 27, 2009>
2. Any of the following schools:
(a) Schools managed by a school foundation established by contribution from an enterprise for the improvement of employees' welfare;
(b) Among autonomous private high schools under Article 91-3, schools supported by an enterprise located in an innovative city under subparagraph 3 of Article 2 of the Special Act on the Construction and Support of Innovation Cities Following Relocation of Public Agencies, an enterprise city under subparagraph 1 of Article 2 of the Special Act on the Development of Enterprise Cities, a free economic zone under subparagraph 1 of Article 2 of the Special Act on Designation and Management of Free Economic Zone, and cities and districts under other Acts, as prescribed by Ordinance of the Ministry of Education with independent or joint contributions according to the standards and procedures prescribed by Ordinance of the Ministry of Education;
3. It shall not receive any financial subsidies from the State and local governments.
(7) Notwithstanding paragraph (1), a method of an admission process of autonomous private high schools designated under Article 91-3 shall be separately prescribed by Ordinance of the Ministry of Education. <Newly Inserted by Presidential Decree No. 21375, Mar. 27, 2009; Presidential Decree No. 22234, Jun. 29, 2010; Presidential Decree No. 24423, Mar. 23, 2013>
(8) Notwithstanding paragraph (1), the administrator of admission process of any of the following high schools or departments may conduct special admission process for selecting students, taking into account their temperament, aptitude, employment volition, etc. before conducting admission process under paragraph (1). In such cases, some or all of the data for admission process referred to in paragraph (1) shall be reflected, and evaluation factors for admission shall be organized in the manner to make it possible to select students with high temperament, aptitude, employment volition, etc.: <Newly Inserted by Presidential Decree No. 25961, Jan. 6, 2015>
1. High schools that provide education specialized in training talents in a specific field among specialized high schools referred to in Article 91 (1);
2. Departments determined by the Superintendent of an Office of Education among departments established in general high schools for the purpose of training talents in a specific field corresponding to specialized high schools under Article 91.
 Article 82-2 (Special Cases on Admission Process for North Korean Refugees)
(1) The Superintendent of an Office of Education may conduct a special admission process for persons subject to protection as defined in subparagraph 2 of Article 2 of the North Korean Refugees Protection and Settlement Support Act, who are graduates of middle schools or who are deemed to have an academic background equivalent to that of middle school graduates under Articles 97 (1) and 98-3 (1) to enable them to apply for an admission process of any of the following high schools or departments:
1. High schools tailored to industrial demand referred to in Article 90 (1) 10;
2. High schools which provide education specialized in training talents in a specific field among specialized high schools referred to in Article 91 (1);
3. Departments determined by the Superintendent of an Office of Education among departments established in general high schools for training talents in a specific field corresponding to specialized high schools under Article 91.
(2) Special admission process in paragraph (1) shall be conducted in a way that the head of the relevant school sets aside a certain number in the fixed number of admission process referred to in paragraph (1) or adopts a supernumerary quota for admission.
[This Article Newly Inserted by Presidential Decree No. 25961, Jan. 6, 2015]
 Article 83 (Method of Selection Examination)
(1) A selection examination pursuant to Article 82 shall be conducted for all subjects of a middle school within the extent not exceeding the level and extent of curricula of a middle school, and where an executor of entrance screening specially deems it necessary for the establishment of a school or purpose of designation and operation of curricula or such, part of those subjects may be excluded therefrom. <Amended by Presidential Decree No. 21375, Mar. 27, 2009>
(2) A selection examination shall be conducted by written examination, and for physical education, it may be taken by an examination of physical strength: Provided, That rating physical education for physically handicapped children shall be conducted by means, other than an examination of physical strength.
(3) The scope and rating method of physical education of the physically handicapped children referred to in the proviso to paragraph (2) shall be determined by the Superintendent of an Office of Education.
 Article 84 (Methods of Selecting and Assigning New Students of Schools of Second Group)
(1) New students at schools of the second term shall be selected by the order of a day session and an evening session.
(2) New students of a day sessions at schools of the second term in the area prescribed by municipal ordinance of City/Do pursuant to Article 77 (2) shall be assigned through sortition to each high school according to high school groups by the Superintendent of an Office of Education, and where they select and apply for at least two schools pursuant to Article 81 (5), all or part of the fixed number of the school may be assigned through sortition among the applicants for admission. <Amended by Presidential Decree No. 17115, Jan. 29, 2001; Presidential Decree No. 20740, Feb. 29, 2008; Presidential Decree No. 22712, Mar. 18, 2011>
(3) Notwithstanding paragraph (2), among schools of the second term of day sessions in the area prescribed by Municipal Ordinance of City/Do pursuant to Article 77 (2), with respect to schools which are located in a remote distance and lack in transportation, or have difficulty assigning schools through sortition for exceptional reasons and which are also designated by the Superintendent of an Office of Education, the head of the school may admit new students without sortition. <Amended by Presidential Decree No. 17115, Jan. 29, 2001; Presidential Decree No. 20740, Feb. 29, 2008; Presidential Decree No. 22712, Mar. 18, 2011>
(4) New students of evening sessions at schools of the second term in the area prescribed by municipal ordinance of City/Do pursuant to Article 77 (2) shall be selected by the head of the school according to the data on an admission process, of which the Superintendent of an Office of Education notified each school. <Amended by Presidential Decree No. 17115, Jan. 29, 2001; Presidential Decree No. 20740, Feb. 29, 2008; Presidential Decree No. 22712, Mar. 18, 2011>
(5) School groups referred to in paragraph (2) shall be determined by the Superintendent of an Office of Education through a resolution by the City/Do council, taking into account the distribution of schools and regional conditions of a City/Do. <Amended by Presidential Decree No. 25961, Jan. 6, 2015>
(6) If the Superintendent of an Office of Education determines school groups pursuant to paragraph (5), he/she shall make a notification thereof.
(7) A committee for management of high school admission sortition shall be established at each school group to comply with advice provided by the Superintendent of an Office of Education on the sortition and assignment of schools of the second term referred to in paragraph (2), and matters on its organization and operation shall be determined by the Educational Rules of the relevant City/Do.
(8) Where a person who has been assigned to a high school pursuant to paragraphs (1) through (4), and Articles 85 (2), 86 and 87 gives up entering the school, he/she shall not be assigned to another school in the year.
 Article 85 (Application for Second Group of Schools by Applicants for First Group of Schools)
(1) Persons who are selected as new students at the first group of schools shall not enter the second group of schools.
(2) Persons who applies for the first group of schools and fails to selected as new students shall, if they wish to enter the second group of schools, be selected and assigned by the Superintendent of an Office of Education or selected by the head of the school pursuant to Article 84 (1) through (4).
 Article 86 (Additional Selection and Assignment)
Where the Superintendent of an Office of Education deems it necessary according to the student allocation plan prepared under Article 52, he/she may select or assign new high school students additionally pursuant to Articles 81, 81-2 and 82 through 85. <Amended by Presidential Decree No. 17115, Jan. 29, 2001; Presidential Decree No. 20740, Feb. 29, 2008; Presidential Decree No. 21375, Mar. 27, 2009; Presidential Decree No. 22234, Jun. 29, 2010; Presidential Decree No. 24810, Oct. 30, 2013>
 Article 87 (Assignment of Students, etc. with Sporting Talent)
(1) The Superintendent of an Office of Education shall admit students with sporting talent among applicants for entrance screening within the limits determined by him/her of the fixed number of admission in the school year within his/her jurisdiction, notwithstanding the results of entrance screening, and for schools of the second term in the areas prescribed by ordinance of a City/Do pursuant to Article 77 (2), he/she shall, notwithstanding Article 84 (1) and (2), determine sports specialty schools and the fixed number by sport and assign students with sporting talent thereunder. <Amended by Presidential Decree No. 17115, Jan.29, 2001; Presidential Decree No. 20740, Feb. 29, 2008; Presidential Decree No. 22712, Mar. 18, 2011>
(2) If it is deemed necessary for a selected physically handicapped person upon application for entrance screening to commute to school, the Superintendent of an Office of Education may, notwithstanding Article 84 (1) and (2), designate a school and have him/her enter the school.
(3) The scope of students with sporting talent referred to in paragraph (1) and the acknowledgement method of the physically handicapped children referred to in paragraph (2) shall be determined by the Superintendent of an Office of Education.
 Article 88 (Application Fees)
Persons who intend to apply for entrance screening pursuant to Article 81 shall pay application fees, as determined by the Educational Rules of the relevant City/Do.
 Article 88-2 Deleted. <by Presidential Decree No. 26521, Sep. 15, 2015>
 Article 89 (Transfer, etc. to High Schools)
(1) The head of a high school may permit a transfer or special admission among high schools (including various schools recognized to have academic background of a high school) within the extent not hindering the completion of the curricula: Provided, That a transfer or special admission to the special purpose high schools in Article 90 (1) 5 and 6 shall follow the standards and procedures determined and publicly announced by the Superintendent of an Office of Education. <Amended by Presidential Decree No. 22234, Jun. 29, 2010; Presidential Decree No. 23435, Dec. 30, 2011>
1. through 3. Deleted. <by Presidential Decree No. 23435, Dec. 30, 2011>
(2) Notwithstanding paragraph (1), a transfer from a general day-time high school to another general day-time high school located in an area prescribed by municipal ordinance of a City/Do under Article 77 (2) shall be limited to where the place of residence of a person who wants the transfer is relocated from different school groups or City/Do, and the Superintendent of an Office of Education shall assign schools for them to transfer to. In such cases, if a person whose place of residence has been relocated wants to do so where there are not any vacancies in a school located in the school group and there are vacancies in the neighboring school group, he/she may be granted a transfer to schools located in the neighboring school group of his/her place of residence. <Amended by Presidential Decree No. 17115, Jan. 29, 2001; Presidential Decree No. 20740, Feb. 29, 2008; Presidential Decree No. 22712, Mar. 18, 2011; Presidential Decree No. 23435, Dec. 30, 2011; Presidential Decree No. 25961, Jan. 6, 2015>
(3) Notwithstanding paragraph (2), the Superintendent of an Office of Education may permit any person with disability falling under Article 10 (1) 4 of the Special Education Promotion Act and any student athlete to transfer his/her school within the area of the same City/Do. <Amended by Presidential Decree No. 20003, Apr. 12, 2007>
(4) "Place of residence" in paragraph (2) means the base of daily life of a person with parental authority under Article 909 of the Civil Act, or a guardian under Article 928 of the same Act. In such cases, whether the place of residence is the base of his/her daily life shall be determined by the Superintendent of an Office of Education. <Amended by Presidential Decree No. 19057, Sep. 29, 2005>
(5) Article 73 (6) shall apply mutatis mutandis to high schools. In such cases, "head of the district office of education" and "main sentence of paragraph (1)" shall be construed as "Superintendent of an Office of Education" and “paragraphs (1) and (2),” respectively. <Amended by Presidential Decree No. 27546, Oct. 18, 2016>
 Article 89-2 (Admission, Transfer and Special Admission of Returning Students, etc.)
The guardian of any of the following children or students may be admitted, transferred or specially admitted to a high school, as determined by the school regulations, instead of taking the procedures for admission, transfer or special admission under Article 81 (1) or 89 (2):
1. Children or students who fall under Article 19 (1) 1 through 4;
2. Other children or students who cannot take the procedures for admission, transfer or special admission to a school under Article 81 (1) or 89 (2) for the reason that he/she did not reside in the Republic of Korea before he/she is admitted, transferred or specially admitted to a high school, or has no school record in the Republic of Korea.
[This Article Wholly Amended by Presidential Decree No. 24810, Oct. 30, 2013]
 Article 90 (Special Purpose High Schools)
(1) The Superintendent of an Office of Education may designate and publicly announce a high school aiming for specialized education in a special field (hereinafter referred to as "special purpose high school") from among the following schools: Provided, That national high schools among schools referred to in subparagraph 10 shall be designated and publicly announced by the Minister of Education: <Amended by Presidential Decree No. 17115, Jan. 29, 2001; Presidential Decree No. 17142, Mar. 2, 2001; Presidential Decree No. 20056, May 16, 2007; Presidential Decree No. 22234, Jun. 29, 2010; Presidential Decree No. 24423, Mar. 23, 2013>
1. through 4. Deleted; <by Presidential Decree No. 22234, Jun. 29, 2010>
5. Science high schools to train talents in science;
6. Foreign language high schools to foster experts proficient in languages and international high schools to foster experts in international relations;
7. Arts high schools to train artists and athletic high schools to train athletes;
8. and 9. Deleted; <by Presidential Decree No. 22234, Jun. 29, 2010>
10. High schools providing tailored curricula directly connected to the demand of industry. (hereinafter referred to as "high school tailored to industrial demand")
(2) The head of an educational foundation or the head of a school that intends to be designated as a special purpose high school shall prepare an application, including the following matters, and submit it to the Minister of Education, or the Superintendent of an Office of Education: <Amended by Presidential Decree No. 22234, Jun. 29, 2010; Presidential Decree No. 24423, Mar. 23, 2013; Presidential Decree No. 24810, Oct. 30, 2013>
1. A school operation plan;
2. A operation plan of curricula (including a plan for industrial-academic connection in cases of high schools tailored to industrial demand);
3. A plan for establishing departments in cases of schools that intend to establish departments;
4. A plan for admission process;
5. A plan for the assignment of teachers;
5-2. A plan for open recruitment of principal (limited to high schools tailored to industrial demand);
6. Other matters determined and publicly announced by the Minister of Education or the Superintendent of an Office of Education concerning the operation of special purpose high schools.
(3) Where the Superintendent of an Office of Education intends to designate and publicly announce a special purpose high school referred to in paragraph (1) 5, 6 and 10 (limited to public or private high schools), he/she shall obtain consent from the Minister of Education in advance. <Newly Inserted by Presidential Decree No. 20056, May 16, 2007; Presidential Decree No. 20740, Feb. 29, 2008; Presidential Decree No. 22234, Jun. 29, 2010; Presidential Decree No. 24423, Mar. 23, 2013; Presidential Decree No. 25819, Dec. 9, 2014>
(4) The Superintendent of an Office of Education may revoke the designation of a special purpose high school, in any of the following cases: Provided, That in cases of a national high school designated and publicly announced by the Minister of Education under the proviso to paragraph (1), the Minister of Education may revoke the designation, following consultation with the head of the central administrative agencies concerned: <Amended by Presidential Decree No. 25184, Feb. 18, 2014>
1. Where any budget has been executed by false or other fraudulent means;
2. Where any student was selected by fraudulent means;
3. Where any serious cause for violating the purpose of designation occurs, such as the unjust operation of a curriculum;
4. Where the relevant school applies for the revocation due to the occurrence of any cause, etc. that makes the purpose of designation unachievable;
5. Where the achievement of the purpose of designation is deemed impracticable as a result of evaluation of the operation performance, etc., of the relevant school conducted by the Superintendent of an Office of Education every five years, as prescribed by the Educational Rules of the relevant City/Do.
(5) The Superintendent of an Office of Education shall obtain prior consent from the Minister of Education when revoking the designation of a special purpose high school under paragraph (1) 5, 6 and 10 (limited to public and private high schools). <Newly Inserted by Presidential Decree No. 22955, Jun. 7, 2011; Presidential Decree No. 24423, Mar. 23, 2013; Presidential Decree No. 25819, Dec. 9, 2014>
(6) The Minister of Education shall undergo deliberation of the Committee for Designation of Special Purpose High Schools, Etc., under Article 105-3, where he/she intends to determine whether he/she will consent to the designation or revocation of designation of a special purpose high school under paragraph (3) or (5). <Newly Inserted by Presidential Decree No. 25819, Dec. 9, 2014>
(7) Where the designation of a special purpose high school is revoked under the main sentence of paragraph (4), the Superintendent of an Office of Education shall, in consultation with the head of the relevant school, ensure that the curriculum is operated as originally planned for the students who are attending the relevant school at the time of revocation of designation until their graduation: Provided, That if the relevant school is a national school designated and publicly announced by the Minister of Education under the proviso to paragraph (1), the Minister of Education shall, following consultations with the head of the relevant central administrative agencies and the head of the relevant school, ensure that the curriculum is operated as originally planned. <Newly Inserted by Presidential Decree No. 25184, Feb. 18, 2014; Presidential Decree No. 25819, Dec. 9, 2014>
(8) Standards for the designation of special purpose high schools, such as the number of classes, number of students, and standards for facilities of the special purpose high schools designated by the Superintendent of an Office of Education shall be determined and publicly announced by the Superintendent of an Office of Education. <Newly Inserted by Presidential Decree No. 22234, Jun. 29, 2010; Presidential Decree No. 22955, Jun. 7, 2011; Presidential Decree No. 25184, Feb. 18, 2014; Presidential Decree No. 25819, Dec. 9, 2014>
(9) Except as otherwise provided in paragraphs (1) through (8), matters necessary for the designation, revocation of designation, and operation of special purpose high schools shall be determined by Ordinance of the Ministry of Education. <Newly Inserted by Presidential Decree No. 22234, Jun. 29, 2010; Presidential Decree No. 22955, Jun. 7, 2011; Presidential Decree No. 24423, Mar. 23, 2013; Presidential Decree No. 25184, Feb. 18, 2014; Presidential Decree No. 25819, Dec. 9, 2014>
 Article 90-2 (Designation and Governance Committees of Special Purpose High Schools)
(1) A Designation and Governance Committee of Special Purpose High Schools shall be established under the jurisdiction of the Superintendent of an Office of Education to deliberate on the following matters for the designation and operation of special purpose high schools in response to requests by the Superintendent of an Office of Education: <Amended by Presidential Decree No. 22955, Jun. 7, 2011>
1. Matters concerning a plan to designate and operate special purpose high schools;
2. Matters concerning the revocation of the designation of special purpose high schools;
3. Matters concerning the operation evaluation of special purpose high schools;
4. Other matters determined by the Superintendent of an Office of Education concerning the operation of special purpose high schools.
(2) Matters necessary for the composition and operation of Designation and Governance Committees of Special Purpose High Schools under paragraph (1) shall be prescribed by Educational Rules of the relevant City/Do.
[This Article Newly Inserted by Presidential Decree No. 22234, Jun. 29, 2010]
 Article 91 (Specialized High Schools)
(1) The Superintendent of an Office of Education may designate and publicly announce high schools which provide specialized experience-oriented education, such as field training in nature, or education aiming at training talents in a specific field to students having similar temperament, aptitude, and abilities (hereinafter referred to as "specialized high schools"). <Amended by Presidential Decree No. 17115, Jan. 29, 2001; Presidential Decree No. 17390, Oct. 20, 2001>
(2) Article 90 (2) and (4) 5 shall apply mutatis mutandis to the submission of an application for designation of a specialized high school and revocation of designation by the Superintendent of an Office of Education based on evaluation of the relevant school. In such cases, "a special purpose high school" shall be construed as "a specialized high school." <Amended by Presidential Decree No. 225184, Feb. 18, 2014; Presidential Decree No. 25819, Dec. 9, 2014>
(3) Except as otherwise expressly provided for in paragraphs (1) and (2), matters necessary for the designation and operation of specialized high schools shall be prescribed by Educational Rules of the relevant City/Do. <Newly Inserted by Presidential Decree No. 22234, Jun. 29, 2010>
 Article 91-2 (Designation and Governance Committees of Specialized High Schools)
(1) A Designation and Governance Committee of Specialized High Schools shall be established under the jurisdiction of the Superintendent of an Office of Education to deliberate on the following matters concerning the designation and operation of specialized high schools in response to requests by the Superintendent of an Office of Education: <Amended by Presidential Decree No. 22955, Jun. 7, 2011>
1. Matters concerning a plan to designate and operate specialized high schools;
2. Matters concerning the revocation of the designation of specialized high schools;
3. Matters concerning the operation evaluation of specialized high schools;
4. Other matters determined by the Superintendent of an Office of Education concerning the operation of specialized high schools.
(2) Matters necessary for the composition and operation of Designation and Governance Committee of Specialized High Schools under paragraph (1) shall be prescribed by Educational Rules of the relevant City/Do.
[This Article Wholly Amended by Presidential Decree No. 22234, Jun. 29, 2010]
 Article 91-3 (Autonomous Private High Schools)
(1) The Superintendent of an Office of Education may designate and publicly announce a high school that may autonomously operate schools or curricula pursuant to Article 61 of the Act (hereinafter referred to as "autonomous private high school") among private high schools meeting all of the following requirements. In such cases, he/she shall obtain prior consent from the Minister of Education: <Amended by Presidential Decree No. 24377, Feb. 15, 2013; Presidential Decree No. 24423, Mar. 23, 2013; Presidential Decree No. 25819, Dec. 9, 2014>
1. It shall not receive school personnel expenses (excluding voluntary resignation allowances of teachers) and operating expenses for school and curricula pursuant to attached Table 1 of the Enforcement Decree of the Local Education Subsidy Act from the State or a local government;
2. It shall meet the standards for money transferred from an educational corporation and standards for operation of curricula prescribed by Ordinance of the Ministry of Education.
(2) The head of an educational foundation or the head of a school that intends to operate an autonomous private high school shall submit an application, stating the following:
1. A founding philosophy of the school and a school operation plan;
2. A curricula operation plan;
3. A plan for admission process;
4. A plan for the assignment of teachers;
5. Other matters determined and publicly announced by the Superintendent of an Office of Education concerning the operation, etc., of autonomous private high schools.
(3) An autonomous private high school shall select at least 20 percent of students from the following persons. In such cases, the Minister of Education and the Superintendent of an Office of Education may, notwithstanding paragraph (1) 1, subsidies incurred in educational activities of those selected under the former part or grant financial support to schools for which the fixed number of students is not registered pursuant to the former part: <Amended by Presidential Decree No. 23435, Dec. 30, 2011; Presidential Decree No. 24423, Mar. 23, 2013; Presidential Decree No. 26683. Nov. 30, 2015>
1. A qualified recipient referred to in subparagraph 1 of Article 2 of the National Basic Living Security Act, or his/her children;
2. A person designated by the Superintendent of an Office of Education, who falls under the second-poorest class referred to in subparagraph 10 of Article 2 of the National Basic Living Security Act, or his/her children;
3. A person entitled to veterans' benefits referred to in subparagraph 2 of Article 3 of the Framework Act on Veterans Affairs, or his/her children;
4. Other persons particularly deemed necessary by the Superintendent of an Office of Education for educational equality.
(4) The Superintendent of an Office of Education may revoke the designation of an autonomous private high school in any of the following circumstances: <Amended by Presidential Decree No. 25184, Feb. 18, 2014>
1. Where the budget has been executed by false or other fraudulent means;
2. Where a student was selected by fraudulent means;
3. Where any serious cause for violating the purpose of designation occurs, such as unjust operation of a curriculum;
4. Where the relevant school applies for the revocation due to the occurrence of any cause, etc., that makes the purpose of designation unachievable;
5. Where the achievement of the purpose of designation is deemed impracticable as a result of evaluation of the operation performance, etc., of the relevant school conducted by the Superintendent of an Office of Education every five years, as prescribed by the Educational Rules of the relevant City/Do.
(5) The Superintendent of an Office of Education shall obtain prior consent from the Minister of Education when revoking the designation of an autonomous private high school. <Newly Inserted by Presidential Decree No. 22955, Jun. 7, 2011; Presidential Decree No. 24423, Mar. 23, 2013; Presidential Decree No. 25819, Dec. 9, 2014>
(6) Where the Minister of Education intends to determine whether he/she will consent to the designation or revocation of designation of an autonomous private high school referred to in the latter part of paragraph (1) or paragraph (5), he/she shall undergo deliberation of the Committee for Designation of Special Purpose High Schools, Etc., under Article 105-3. <Newly Inserted by Presidential Decree No. 25819, Dec. 9, 2014>
(7) Where the designation of an autonomous private high school is revoked under paragraph (4), the Superintendent of an Office of Education shall, in consultation with the head of the relevant school, ensure that the curriculum is operated as originally planned for the students who are attending the relevant school at the time of revocation of designation until their graduation. <Newly Inserted by Presidential Decree No. 25184, Feb. 18, 2014; Presidential Decree No. 25819, Dec. 9, 2014>
(8) Except as otherwise expressly provided for in paragraphs (1) through (7), matters necessary for the designation, revocation of designation, and operation of autonomous private high schools shall be determined by Ordinance of the Ministry of Education. <Newly Inserted by Presidential Decree No. 25184, Feb. 18, 2014; Presidential Decree No. 25819, Dec. 9, 2014>
[This Article Newly Inserted by Presidential Decree No. 22234, Jun. 29, 2010]
 Article 91-4 (Autonomous Public High Schools)
(1) The Superintendent of an Office of Education may designate and publicly announce a high school that autonomously operate schools or curricula (hereinafter referred to as "autonomous public high school") pursuant to Article 61 of the Act, among public high schools, upon taking procedures determined by the Minister of Education. <Amended by Presidential Decree No. 24423, Mar. 23, 2013>
(2) The head of a school who intends to operate an autonomous public high school shall submit an application containing the following matters to the Superintendent of an Office of Education:
1. A school operation plan;
2. A curricula operation plan;
3. A plan for admission process;
4. A plan for the assignment of teachers;
5. Other matters determined and publicly announced by the Superintendent of an Office of Education concerning the operation, etc. of autonomous public high schools
(3) An autonomous public high shall be designated and operated for a period up to five years, and its designation may be further extended up to five years, as prescribed by Educational Rules of the relevant City/Do.
(4) The Minister of Education and the Superintendent of an Office of Education may provide autonomous public high schools with necessary subsidies for the development of their specialized curricula and program, training of teachers, etc. <Amended by Presidential Decree No. 23435, Dec. 30, 2011; Presidential Decree No. 24423, Mar. 23, 2013>
(5) Except as otherwise expressly provided for in paragraphs (1) through (4), matters necessary for the designation and operation of autonomous public high schools shall be determined and publicly announced by the Minister of Education. <Amended by Presidential Decree No. 24423, Mar. 23, 2013>
[This Article Newly Inserted by Presidential Decree No. 22234, Jun. 29, 2010]
 Article 92 (Application Mutatis Mutandis)
(1) Articles 66 and 67 shall apply mutatis mutandis to the entrance, etc. of high school students. In such cases, "middle school" shall be construed as "high school."
(2) Article 74 shall apply mutatis mutandis to the special admission, etc. into other schools of high school students.
(3) Deleted. <by Presidential Decree No. 22542, Dec. 27, 2010>
 Article 92-2 (Management of School Attendance of High School Students, etc.)
(1) Where a student attending a high school is absent for at least two consecutive days without any good reason, the head of the relevant shall check the relevant student and his/her guardian for the reasons for the absence without delay.
(2) The head of a high school shall notify the Superintendent of an Office of Education of the name of any of the following children or students, and the progress of the long absence, disenrollment, dropout, or expulsion:
1. A student attending the relevant school who is absent for at least seven consecutive days without any good reason;
2. A child or student who has been disenrolled, dropped out or expelled from the relevant school.
(3) Where deemed necessary to manage school attendance, the head of a high school or an exclusive organization established under the jurisdiction of the Superintendent of an Office of Education pursuant to Article 27-2 (1) may check the following administrative information concerning students attending the relevant school or children or students disenrolled, dropped out or expelled from the relevant school by sharing administrative information under Article 36 (1) of the Electronic Government Act:
1. Electronic data of resident registration under Article 30 (1) of the Resident Registration Act;
2. Certificates of the entry into and departure from Korea, or certificates of alien registration under Article 88 of the Immigration Act.
(4) Where any electronic data of resident registration referred to in paragraph (3) 1 is shared by the head of a high school or an exclusive organization established under the jurisdiction of the Superintendent of an Office of Education pursuant to Article 27-2 (1), fees therefor shall be exempted.
[This Article Newly Inserted by Presidential Decree No. 27546, Oct. 18, 2016]
 Article 93 (Establishment of Part-Time and Correspondence Systems)
Matters necessary for establishment and operation of part-time and correspondence systems to be established at high schools pursuant to Article 49 (1) of the Act shall be otherwise prescribed by Presidential Decree.
 Article 94 (Establishment of Air and Correspondence High Schools)
Matters necessary for establishment and operation of air and correspondence high schools referred to in Article 51 of the Act shall be otherwise prescribed by Presidential Decree.
 Article 95 Deleted. <by Presidential Decree No. 24377, Feb. 15, 2013>
CHAPTER V ACKNOWLEDGEMENT OF ACADEMIC BACKGROUND AND QUALIFICATIONS
SECTION 1 Acknowledgement of Academic Background
 Article 96 (Acknowledgement of Academic Background Equivalent to Elementary School Graduates)
(1) Any of the following persons shall be deemed to have an academic background equivalent to that of an elementary school graduate in entering a school of higher grade: <Amended by Presidential Decree No. 19057, Sep. 29, 2005; Presidential Decree No. 20116, Jun. 28, 2007; Presidential Decree No. 20635, Feb. 22, 2008; Presidential Decree No. 21809, Nov. 5, 2009; Presidential Decree No. 22234, Jun. 29, 2010; Presidential Decree No. 24810, Oct. 30, 2013; Presidential Decree No. 25961, Jan. 6, 2015; residential Decree No. 26521, Sep. 15, 2015>
1. A person who has passed a qualification examination for graduation of elementary school;
2. A person who has been recognized by the Superintendent of an Office of Education through deliberation by the deliberation committee on academic background under Article 98-2 (1) (hereinafter referred to as "deliberation committee on academic background") that he/she has an academic background equivalent to that of a person who has completed school curricula of at least six years in the Republic of Korea;
3. A person who has completed school curricula equivalent to those of an elementary school pursuant to Article 29 (4) of the former Juvenile Reformatory Act (referring to the same Act before it was amended by Act No. 7076; hereinafter the same shall apply);
4. A person who is acknowledged for his/her academic background of elementary school curricula pursuant to Article 6 of the Regulations on the Establishment and Operation of Alternative Schools;
5. A person who has completed school curricula of at least six years or school curricula equivalent to those of an elementary school in a foreign country;
6. A person who has completed, other than the school curricula referred to in subparagraph 5, whole school curricula of a foreign country, which is recognized by the Minister of Education as equivalent to that of an elementary school.
(2) Matters necessary for the qualifying examination referred to in paragraph (1) 1 shall be prescribed by Ordinance of the Ministry of Education. <Amended by Presidential Decree No. 26521, Sep. 15, 2015>
 Article 97 (Acknowledgement of Academic Background Equivalent to Middle School Graduates)
(1) Any of the following persons shall be deemed to have an academic background equivalent to that of a middle school graduate in entering a school of higher grade: <Amended by Presidential Decree No. 17115, Jan. 29, 2001; Presidential Decree No. 18282, Feb. 17, 2004; Presidential Decree No. 19057, Sep. 29, 2005; Presidential Decree No. 20003, Apr. 12, 2007; Presidential Decree No. 20116, Jun. 28, 2007; Presidential Decree No. 20635, Feb. 22, 2008; Presidential Decree No. 21809, Nov. 5, 2009; Presidential Decree No. 22234, Jun. 29, 2010; Presidential Decree No. 24810, Oct. 30, 2013; Presidential Decree No. 25961, Jan. 6, 2015; Presidential Decree No. 26521, Sep. 15, 2015>
1. A person who has passed a qualification examination for graduation of middle school;
2. A person who has graduated from the school that is designated and published by the Superintendent of an Office of Education, as prescribed by Ordinance of the Ministry of Education, among schools that are deemed to be able to operate their curricula faithfully, taking into account their curricula corresponding to that of middle schools, their founders, the fixed number of students, the number of school days, school facilities and equipment, and revenue-generating basic properties;
3. A person who has been acknowledged by the Superintendent of an Office of Education through deliberation by the deliberation committee on academic background that he/she has an academic background equivalent to that of a person who has completed school curricula for at least nine years in the Republic of Korea;
4. A person who has completed a curriculum equivalent to that of a middle school at a lifelong educational facility designated by the Superintendent of an Office of Education;
5. A person who has completed a curriculum equivalent to that of a middle school pursuant to Article 29 (4) of the former Juveniles Reformatory Act;
6. A person who is acknowledged for his/her academic background of a middle school curriculum pursuant to Article 6 of the Regulations on the Establishment and Operation of Alternative Schools;
7. A person who has completed school curricula for at least nine years or school curricula equivalent to those of a middle school in a foreign country;
8. A person who has completed, other than the school curricula referred to in subparagraph 7, the whole school curricula of a foreign country, which is recognized by the Minister of Education as equivalent to that of a middle school.
(2) Matters necessary for qualification examinations referred to in paragraph (1) 1 shall be prescribed by Ordinance of the Ministry of Education. <Amended by Presidential Decree No. 17115, Jan. 29, 2001; Presidential Decree No. 20740, Feb. 29, 2008; Presidential Decree No. 24423, Mar. 23, 2013; Presidential Decree No. 26521, Sep. 15, 2015>
 Article 98 (Acknowledgement of Academic Background Equivalent to High School Graduates)
(1) Any of the following persons shall be deemed to have an academic background equivalent to that of a high school graduate in entering a school of higher grade: <Amended by Presidential Decree No. 17115, Jan. 29, 2001; Presidential Decree No. 18282, Feb. 17, 2004; Presidential Decree No. 19057, Sep. 29, 2005; Presidential Decree No. 20003, Apr. 12, 2007; Presidential Decree No. 20116, Jun. 28, 2007; Presidential Decree No. 20635, Feb. 22, 2008; Presidential Decree No. 21102, Nov. 5, 2008; Presidential Decree No. 21162, Dec. 12, 2008; Presidential Decree No. 21214, Dec. 31, 2008; Presidential Decree No. 21809, Nov. 5, 2009; Presidential Decree No. 22234, Jun. 29, 2010; Presidential Decree No. 24423, Mar. 23, 2013; Presidential Decree No. 24810, Oct. 30, 2013; Presidential Decree No. 25961, Jan. 6, 2015; Presidential Decree No. 26521, Sep. 15, 2015; Presidential Decree No. 26551, Sep. 25, 2015>
1. A person who has passed a qualification examination for graduation from high school;
2. A person who has graduated from the school that is designated and published by the Superintendent of an Office of Education as prescribed by Ordinance of the Ministry of Education among schools that are deemed to be able to operate their curricula faithfully, taking into account their curricula corresponding to that of high schools, their founders, the fixed number of students, the number of school days, school facilities and equipment, and revenue-generating basic properties;
3. A person who has been acknowledged by the Superintendent of an Office of Education through deliberation by the deliberation committee on academic background that he/she has an academic background equivalent to that of a person who has completed school curricula for at least 12 years in the Republic of Korea;
4. A person who falls under Article 16 (1) 3 of the Regulations on Academic Affairs of Korean Advanced Institute of Science and Technology and has passed an entrance examination of Korean Advanced Institute of Science and Technology and has made entrance registration, a person who has passed an entrance examination for bachelor programs of Gwangju Institute of Science and Technology and has made entrance registration, as one falling under Article 30 (1) 3 of the Enforcement Decree of Gwangju Institute of Science and Technology Act, a person who has passed an entrance examination for bachelor programs of Daegu Gyeongbuk Institute of Science and Technology and has made entrance registration, as one falling under Article 29 (1) 3 of the Enforcement Decree of Daegu Gyeongbuk Institute of Science and Technology Act, or a person who has passed an entrance examination for bachelor programs of Daegu Gyeongbuk Institute of Science and Technology and has made entrance registration, as one falling under Article 16 (1) 3 of the Enforcement Decree of Ulsan National Institute of Science and Technology Act;
5. A person who has completed a curriculum equivalent to that of a high school at lifelong educational facilities designated by the Superintendent of an Office of Education;
6. A person who has completed the curriculum equivalent to that of a high school pursuant to Article 29 (4) of the former Juvenile Reformatory Act;
7. A person who has completed the curriculum for at least three academic years at a vocational high school under the former Education Act (referring to the same Act before it was amended by Act No. 3504);
8. A person who is recognized for his/her academic background of a high school curriculum pursuant to Article 6 of the Regulations on the Establishment and Operation of Alternative Schools;
9. A person who has completed school curricula equivalent to those of a high school in a foreign country or a person who has completed the whole curricula of a foreign country which is recognized by the Minister of Education as equivalent to school curricula of at least 12 years in the Republic of Korea.
(2) Matters necessary for qualification examinations for graduation referred to in paragraph (1) 1 shall be prescribed by Ordinance of the Ministry of Education. <Amended by Presidential Decree No. 17115,Jan. 29, 2001; Presidential Decree No. 20740, Feb. 29, 2008; Presidential Decree No. 24423, Mar. 23, 2013; Presidential Decree No. 25961, Jan. 6, 2015>
 Article 98-2 (Establishment and Operation of Academic Background Deliberative Committee)
(1) The Academic Background Deliberative Committee shall be established under the jurisdiction of the Superintendent of an Office of Education to deliberate on matters concerning recognition of academic background of persons from the area north of the Military Demarcation Line and multicultural students (hereinafter referred to as "North Korean refugee, etc.") whose academic background is difficult to be verified. <Amended by Presidential Decree No. 24810, Oct. 30, 2013>
(2) The Academic Background Deliberative Committee shall be comprised of at least five up to seven members, including one chairperson.
(3) The Superintendent of an Office of Education shall appoint or commission members of the Academic Background Deliberative Committee from among public officials in charge of North Korean refugees, etc., education specialists and academic background evaluation specialists, and the chairperson shall be elected among members by mutual vote. <Amended by Presidential Decree No. 24810, Oct. 30, 2013>
(4) The term of office of members of the Academic Background Deliberative Committee shall be two years, the term of office of the chairperson shall be one year, and they may be reappointed respectively.
(5) The Academic Background Deliberative Committee shall deliberate on: <Amended by Presidential Decree No. 24810, Oct. 30, 2013>
1. Matters concerning the standards for recognition of academic background in consideration of degree of completion of school curricula, scholastic aptitude, age, etc. of North Korean refugees, etc.;
2. Matters concerning persons subject to recognition of academic background and the time thereof;
3. Where a North Korean refugee, etc. or his/her guardian makes a request, matters concerning recognition of academic background and decision of a grade;
4. Matters concerning decision and operation of a school pursuant to Article 98-3.
(6) Other matters necessary for formation and operation of the Academic Background Deliberative Committee, and for standards, objects, methods, time or such of evaluation for recognition of academic background shall be determined by the Superintendent of an Office of Education.
[This Article Newly Inserted by Presidential Decree No. 20635, Feb. 22, 2008]
 Article 98-3 (Schools that may Recognize Academic Background and Determine Grade)
(1) Notwithstanding Articles 96 (1) 2, 97 (1) 3 and 98 (1) 3, where the head of a school where students more than a fixed number determined by the Superintendent of an Office of Education are North Korean refugees, etc. files an application, the Superintendent of an Office of Education may require the head of the school to recognize academic background and decide a grade for North Korean refugees, etc. in the relevant school. <Amended by Presidential Decree No. 24810, Oct. 30, 2013>
(2) Matters necessary recognize of academic background and determine of a grade of a school that may recognize academic background and decide a grade pursuant to paragraph (1) shall be prescribed by school regulations.
[This Article Newly Inserted by Presidential Decree No. 20635, Feb. 22, 2008]
 Article 98-4 (Grade Decision and Admission to High Schools)
If a person graduated from a middle school or recognized to have an academic background equivalent to that of a middle school graduate under Article 97 applies for a high school, the head of the high school may give him/her an admission, deciding his/her grade based on the results of deliberation on the applicant's extracurricular learning experience and assessment on the completion of subjects, which are conducted by the Assessment Committee on the Early Promotion to Higher Grade, Early Graduation and Early Admission under Article 5 of the Regulations on Early Promotion, etc. <Amended by Presidential Decree No. 24148, Oct. 29, 2012>
[This Article Newly Inserted by Presidential Decree No. 22062, Feb. 26, 2010]
SECTION 2 Acknowledgement of Qualifications
 Article 99 (Acknowledgement of Qualifications Equivalent to Elementary School Graduates)
The following persons shall be deemed to have qualifications equal to elementary school graduates:
1. A person who completed the forth-year course of a general school before 1922;
2. A person who completed the sixth-year course of a general school before 1938;
3. A person who completed the sixth-year course of an ordinary grade school before 1941;
4. Any person who completed the sixth-year course of an elementary school after 1942.
 Article 100 (Acknowledgement of Qualifications Equivalent to Those Who Have Completed Second-Year Course of Middle Schools)
The following persons shall be deemed to have qualifications equivalent to those who have completed the second year course of a middle school:
1. A person who completed the first-year course of a simple vocational school before 1922;
2. A person who graduated in an advanced course from a general school before 1938;
3. A person who graduated in an advanced course from an ordinary advanced school or from an advanced grade school before 1941;
4. A person who graduated in an advanced course from an elementary school after 1942;
5. A person who completed the second-year course of a vocational continuation school after 1923.
 Article 101 (Acknowledgement of Qualifications Equivalent to Middle School Graduates)
The following persons shall be deemed to have qualifications equivalent to middle school graduates:
1. A person who completed the second-year course of a vocational school before 1922;
2. A person who completed the third-year course of a vocational continuation school after 1923;
3. A person who completed or graduated from the first-year course of a vocational school or a vocational continuation school which qualifies those who graduated from the advanced course of a general school, a grade school, and an elementary school for entrance.
 Article 102 (Acknowledgement of Qualifications Equivalent to Those Who Have Completed First-Year Course of High Schools)
The following persons shall be deemed to have qualifications equivalent to those who have completed the first year course of a high school:
1. A person who completed the third-year course of a girls' advanced general school before 1922;
2. A person who completed the third-year course of a vocational school before 1922;
3. A person who completed the third-year course of the technical course of a girls' advanced general school before 1922;
4. A person who graduated in a short course in teachers' training from an advanced general school before 1922;
5. A person who completed a teachers' training school in a Do before 1924;
6. A person who completed or graduated from the fourth-year course of a middle school, and a girls' advanced school, or a vocational school before 1944:
7. A person who completed the short course and the training course of old Hansung (Seoul) Normal School;
8. A person who completed the training course of any old provincial normal school;
9. A person who completed the special training course of any official normal school;
10. A person who completed the training course of a public normal school before 1949;
11. A person who graduated from or completed the fourth-year course of a middle school between 1950 and 1951.
 Article 103 (Acknowledgement of Qualifications Equivalent to High School Graduates)
The following persons shall be deemed to have qualifications equivalent to high school graduates:
1. A person who graduated from Gyongsung (Seoul) Special School before 1916;
2. A person who graduated in a supplementary course from an advanced general school before 1922;
3. A person who completed the fourth-year course of an advanced general school before 1922;
4. A person who completed the fourth-year course of a vocational school before 1922;
5. A person who completed the fifth-year course of an advanced general school before 1938;
6. A person who completed the fifth-year course of a girls' advanced general school before 1938;
7. A person who completed the fifth-year course of a vocational school before 1944;
8. A person who completed a middle school or the fifth-year course of a high school before 1944;
9. A person who completed a middle school or the fourth-year course of a vocational school between 1945 and 1946;
10. A person who completed the regular course of old Hansung (Seoul) Normal School;
11. A person who completed the teachers' training course of old Gyungsung (Seoul), Pyeongyang, or Daegu Advanced General School;
12. A person who completed the teacher's training school of old Gyungsung (Seoul) Advanced General School;
13. A person who graduated in a special course from any old provincial normal school;
14. A person who graduated in an ordinary course from any official normal school;
15. A person who completed a training course or a short training course from any official normal school;
16. A person who graduated in a technical course from old Gyungsung (Seoul), Pyeongyang or Daegu Normal School;
17. A person who graduated from a public normal school before 1949.
 Article 104 (Recognition of Qualifications Equivalent to Former Normal School Graduates)
Persons who fall under any of the following subparagraphs shall be deemed to have qualifications equivalent to normal school graduates under the previous Education Act: <Amended by Presidential Decree No. 19057, Sep. 29, 2005>
1. A person who graduated in a teachers' training course from an old advanced general school;
2. A person who graduated in a teachers' training course from an old girls' advanced general school;
3. A person who graduated in a special course from an old provincial normal school;
4. A person who graduated in or completed an ordinary course or a general course from an old official normal school;
5. A person who completed a training course in an old official normal school;
6. A person who graduated in a regular course from old Hansung (Seoul) Normal School;
7. A person who graduated in a regular course of a temporary teachers' training school attached to an advanced general school.
CHAPTER V-II ASSISTANCE FOR EDUCATIONAL EXPENSES
 Article 104-2 (Students Eligible for Support of Educational Expenses, Standards for such Assistance, etc.)
(1) "Expenses prescribed by Presidential Decree" in Article 60-4 (1) of the Act means any of the following expenses (hereinafter referred to as “educational expenses”): <Amended by Presidential Decree No. 24423, Mar. 23, 2013; Presidential Decree No. 25961, Jan. 6, 2015>
1. Admission fees and tuition fees;
2. School meal expenses;
3. School operation support funds;
4. Expenses for purchase of textbooks;
5. Support money for educational informatization for study utilizing information and communications media at home;
5-2. Educational expenses related to career, including career experience;
6. Other expenses corresponding to those specified in subparagraphs 1 through 5 and 5-2 and prescribed by the Minister of Education or the Superintendent of an Office of Education.
(2) "Student prescribed by Presidential Decree" in Article 60-4 (1) 3 of the Act means any of the following students: <Amended by Presidential Decree No. 24423, Mar. 23, 2013>
1. A student in whose case the amount of income of his/her household (referring to the total amount of income and the property converted to income, as prescribed by Ordinance of the Ministry of Education; hereinafter the same shall apply) falls under the guidelines prescribed by the Minister of Education or the Superintendent of an Office of Education each year;
2. A student in whose case the support of educational expenses is deemed necessary by the head of the relevant school because his/her guardian has fallen under any of the following incidents:
(a) Death or unknown whereabouts;
(b) Loss of ability to work due to a disease, accident, or disability;
(c) Loss of economic capacity due to bankruptcy, unemployment, etc.;
(d) Other causes recognized by the Superintendent of an Office of Education as corresponding to those specified to in items (a) through (c).
(3) The scope of income to be included in the amount of income referred to in paragraph (2) 1 shall be as follows: <Amended by Presidential Decree No. 24423, Mar. 23, 2013; Presidential Decree No. 27252, Jun. 21, 2016>
1. Earned income: Income acquired by supply of labor: Provided, That the earned income which is non-taxable under the Income Tax Act shall be excluded herefrom, but the following salaries shall be included in the earned income:
(a) Non-taxable salaries under subparagraph 3 (q) of Article 12 of the Income Tax Act;
2. Business income:
(a) Agricultural income: Income from seeds cultivation business, fruit growing and horticultural business, sericultural business, plant nursery business, special crops-producing business, cattle feeding business, breeding stock business, or hatchery business, and business incidental thereto;
(b) Forestry income: Income from forest management business, forest products business, or wild bird and animal breeding business, and business incidental thereto;
(c) Income from fishery: Income from fishery and business incidental thereto;
(d) Other business income: Income from wholesale business, retail business, manufacturing business, or any other business;
3. Property income:
(a) Lease income: Income accruing from the lease of real estates, movable assets, rights or any other property;
(b) Interest income: Income which is at least the amount prescribed by the Minister of Education among incomes accrued from interests of savings, stocks and bonds, and distribution of dividends or discount;
(c) Pension income: Pension or income accrued under Article 20-3 (1) 2 of the Income Tax Act and income accrued from Article 4 (1) 1 (b) of the Insurance Business Act;
(4) The scope of property to be included in the amount of income referred to in paragraph (2) 1 shall be as follows: <Amended by Presidential Decree No. 24423, Mar. 23, 2013; Presidential Decree No. 27424, Aug. 2, 2016>
1. General property:
(a) Land, buildings, housing, aircraft, and ships referred to in subparagraphs 1 through 5 of Article 104 of the Local Tax Act;
(b) Deposit for lease of housing, commercial buildings, etc. (including security money for lease on a deposit basis);
(c) Movable assets, such as cattle and seeds, the price of which is at least one million won (excluding the movable assets prescribed by the Minister of Education, such as rehabilitation aid equipment of disabled persons), and standing timber under subparagraph 11 of Article 6 of the Local Tax Act;
(d) Membership rights under subparagraphs 14 through 18 of Article 6 of the Local Tax Act;
(e) Occupation rights of association members under Article 89 (2) of the Income Tax Act;
(f) A right to acquire a building and the land annexed thereto at the time the construction of the building is completed (excluding occupation rights of association members referred to in item (e));
(g) A fishing right under subparagraph 13 of Article 6 of the Local Tax Act;
2. Financial property:
(a) Financial assets referred to in subparagraph 2 of Article 2 of the Act on Real Name Financial Transactions and Confidentiality;
(b) Various types of insurances referred to in Article 4 (1) of the Insurance Business Act;
3. Automobiles referred to in Article 124 of the Local Tax Act: Provided, That the following automobiles shall be excluded herefrom, but automobiles determined by the Minister of Education, such as motor trucks, shall be deemed general property under subparagraph 1:
(a) Cars used by persons with disabilities referred to in Article 39 of the Act on Welfare of Persons with Disabilities;
(b) Cars used by persons with disability ratings under Article 6-4 of the Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Service to the State as persons who have rendered distinguished service to the State, etc., under Article 4, 73 or 74 (including persons who have rendered distinguished service to the State, etc. under Article 73-2 of the same Act, which had been valid before it was amended by Act No. 11041) or by persons with grades of injury referred to in Article 6 of the Act on Support for Persons Eligible for Veteran's Compensation as persons eligible for veteran's compensation under Article 2 of the same Act;
(c) Cars determined by the Minister of Education among other cars.
(5) The value of property referred to in paragraph (4) shall be the amount of the value calculated by the methods classified as follows, based on the date of investigation referred to in Article 60-7 of the Act (hereinafter referred to as "date of investigation"): Provided, That where the value of property is impracticable to calculate, it shall be the value calculated as determined by the Minister of Education, in consideration of the types of the relevant property, state of transactions thereof, etc.: <Amended by Presidential Decree No. 24423, Mar. 23, 2013; Presidential Decree No. 27424, Aug. 2, 2016>
1. In cases falling under paragraph (4) 1 (a): The value determined by the Minister of Education in consideration of statutory standard price referred to in the proviso to Article 10 (2) of the Local tax Act;
2. In cases falling under paragraph (4) 1 (b): Deposit for lease or security money for lease on a deposit basis under a rental contract;
3. In cases falling under paragraph (4) 1 (c): In cases of movable assets, market value as on the date of investigation; in cases of standing timber, statutory standard price referred to in Article 4 (1) 5 of the Enforcement Decree of the Local Tax Act;
4. In cases falling under paragraph (4) 1 (d): Statutory standard price referred to in Article 4 (1) 9 of the Enforcement Decree of the Local Tax Act;
5. In cases falling under paragraph (4) 1 (e): Amount classified as follows:
(a) Where liquidation money is paid: Total amount of price determined by the management and disposal plans referred to in Article 48 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents;
(b) Where liquidation money is received: An amount calculated by deducting the amount of liquidation money from the estimated value of the existing building;
6. In cases falling under paragraph (4) 1 (f): An amount paid until the date of investigation;
7. In cases falling under paragraph (4) 1 (g): Statutory standard price under Article 4 (1) 8 of the Enforcement Decree of the Local Tax Act;
8. In cases falling under paragraph (4) 2: The value of each financial property based on the standards prescribed in Article 104-4 (3) and (5);
9. In cases falling under paragraph (4) 3: The value of automobiles determined by the Minister of Education based on the type of automobiles, prescribed number of seats, prescribed loading capacity, manufacturing cost by year of manufacture (referring to import price, if imported), transaction price, etc.
(6) Detailed criteria on whether a student falls under any incident referred to in paragraph (2) 2 shall be determined by the Superintendent of an Office of Education.
[This Article Newly Inserted by Amended by Presidential Decree No. 24377, Feb. 15, 2013]
 Article 104-3 (Notification of Decision on Support of Educational Expenses and Provision, etc., of Details of Support)
(1) The head of a school shall notify a student or a person protecting the student de facto or de jure, who has applied for support of educational expenses (hereinafter referred to as “appliant for educational expenses”) pursuant to Article 60-5 (1) of the Act of whether such support shall be granted. In such cases, the head of the school may notify it in writing, orally, or by an electronic document, or through an information and communications network. <Amended by Presidential Decree No. 27424, Aug. 2, 2016>
(2) Where a student who has received support of educational expenses transfers to another school or enters a higher school, the head of the relevant school may provide the head of a school which the relevant student transfers to or enters with the relevant data, including the details of support of educational expenses he/she has received, so that he/she may be able to receive it continuously.
[This Article Newly Inserted by Amended by Presidential Decree No. 24377, Feb. 15, 2013]
 Article 104-4 (Scope of Members of Household and Financial Information, etc.)
(1) “Persons prescribed by Presidential Decree” referred to in Article 60-5 (2) of the Act means persons classified as follows: <Newly Inserted by Presidential Decree No. 27424, Aug. 2, 2016>
1. Where a student eligible for support is not an adult (referring to a person who is at the age of at least 19 years or for whom January 1 arrives in the year in which he/she turns 19 years of age; hereafter the same shall apply in this Article): Any of the following persons who are registered, together with the student eligible for support, in the resident registration card for a household or the family relation certificate;
(a) Parents: Provided, That referring to the grandparents who are registered, together with the student eligible for support, in the resident registration card for a household, where both the father and the mother of the student are deceased or the student falls under paragraph (2);
(b) Brothers and sisters: Provided, That referring to the brothers and sisters who are adults may be excluded at the choice of the applicant for educational expenses;
2. Where a student eligible for assistance is an adult: the spouse who is registered, together with the student eligible for support, in the resident registration record card for a household or the family relation certificate.
(2) Where a person falling under paragraph (1), in any of the following cases, he/she shall be excluded from the scope of the household members referred to in Article 60-5 (2) of the Act: <Newly Inserted by Presidential Decree No. 27424, Aug. 2, 2016; Presidential Decree No. 27616, Nov. 29, 2016>
1. Where the person resides in any other district for performing any legal duty as a soldier in active service or otherwise, and is guaranteed a livelihood with respect to the performance of such duty;
2. Where the person is an inmate of a correctional institution, detention center, or facility for medical treatment and custody referred to in the Administration and Treatment of Correctional Institution Inmates Act, and the Act on Medical Treatment and Custody, Etc.;
3. Where the procedures for a judicial declaration of disappearance are underway;
4. Where one month has passed since the abscondence from home or unknown whereabouts of the person was reported to an administrative agency such as a police station, or where the Metropolitan Autonomous City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu (referring to an autonomous Gu; hereinafter referred to as the “head of a Si/Gun/ Gu”) confirms the abscondence from home or unknown whereabouts of the person;
5. Where the person’s domicile is registered unknown pursuant to Article 20 (6) of the Resident Registration Act;
6. Where the Minister of Education deems the person either has a residence or sustains a livelihood, separately from the student eligible for support.
(3) “Average deposit balance, and other materials or information prescribed by Presidential Decree” referred to in Article 60-5 (2) 1 of the Act means the following materials or information: <Amended by Presidential Decree No. 27424, Aug. 2, 2016>
1. Demand deposits, such as an ordinary deposit, a saving deposit and a preferential savings deposit: Average balance within the preceding three months;
2. Savings deposits, such as a term deposit, installment savings deposit, a term saving: Balance of deposit or total amount of deposit;
3. Stocks, beneficiary certificates, investment money, investment shares, or real estate (annuity) trusts: The latest market value. In such cases, Article 54 (1) of the Enforcement Decree of the Inheritance Tax and Gift Tax Act shall apply mutatis mutandis to the evaluation of the value of unlisted stocks;
4. Bonds, promissory notes, checks, debt certificates, certificates of preemptive right to new stocks, or transferable deposit certificates: The face value;
5. Annuity savings: The amount paid periodically or the final balance.
(4) “Amount of debts, and other materials or information prescribed by Presidential Decree” referred to in Article 60-5 (2) 2 of the Act means the following materials or information: <Amended by Presidential Decree No. 27424, Aug. 2, 2016>
1. Current status of loans and details of arrears;
2. Unsettled credit card balance.
(5) “Materials or information prescribed by Presidential Decree” referred to in Article 60-5 (2) 3 of the Act means the following materials or information: <Amended by Presidential Decree No. 27424, Aug. 2, 2016>
1. Insurance policies: Amount to be refunded if the insurance contracts are cancelled, or insurance money paid within the latest one year;
2. Annuity insurances: Amount to be refunded if the insurance contracts are cancelled, or periodically paid amount of money.
[This Article Newly Inserted by Amended by Presidential Decree No. 24377, Feb. 15, 2013]
 Article 104-5 (Requests for, and Provision of, Financial Information, etc.)
(1) Where the Minister of Education or the Superintendent of an Office of Education requests, pursuant to Article 60-6 of the Act, the head of a financial company, etc. (referring to a financial company, etc. as defined in subparagraph 1 of Article 2 of the Act on Real Name Financial Transactions and Confidentiality and a credit information collection agency as defined in subparagraph 6 of Article 2 of the Credit Information Use and Protection Act; hereinafter the same shall apply) to submit the financial information, credit information and insurance information referred to in Article 60-5 (2) 1 through 3 of the Act (hereinafter referred to as "financial information, etc.") of a student eligible for support and his/her household members, such request shall be made in documents specifying the following matters: <Amended by Presidential Decree No. 24423, Mar. 23, 2013; Presidential Decree No. 27424, Aug. 2, 2016>
1. Names and resident registration numbers of the student eligible for support and his/her family members;
2. Scope of financial information requested to provide, basic date of inquiry, and inquiry period.
(2) When the head of a financial company, etc., in receipt of the request under paragraph (1) provides the relevant financial information, etc., to the Minister of Education or the Superintendent of an Office of Education, it shall be provided in documents specifying the following matters: <Amended by Presidential Decree No. 24423, Mar. 23, 2013; Presidential Decree No. 27424, Aug. 2, 2016>
1. Names and resident registration numbers of the student eligible for support and his/her family members;
2. Name of the financial company, etc., that provides the financial information, etc.;
3. Names of financial instruments on which information is provided and the account numbers thereof;
4. Details of financial information, etc.
(3) The Minister of Education or the Superintendent of an Office of Education may request the head of a financial company, etc. to provide financial information, etc., referred to in paragraph (1) through the information and communications network of an association or federation, of which the relevant financial company, etc. is a member. <Amended by Presidential Decree No. 24423, Mar. 23, 2013>
[This Article Newly Inserted by Amended by Presidential Decree No. 24377, Feb. 15, 2013]
 Article 104-6 (Requests for Provision of Data and Renewal thereof)
(1) The specific scope of data that the Minister of Education or the Superintendent of an Office of Education may request under the former part of Article 60-7 (2) of the Act shall be as follows: <Amended by Presidential Decree No. 24423, Mar. 23, 2013; Presidential Decree No. 25918, Dec. 30, 2014>
1. Data on the income, property, ability to work, and state of employment, such as national and local taxes; land, buildings, ships, automobiles, and rights to purchase a house; health insurance, employment insurance, industrial accident compensation insurance, national pension, pension for public officials, military pension, pension for private school teachers and staff, and specific post office pension; direct payment for making up for the agricultural income; detailed income statement on daily employed workers; labor encouragement subsidy; information on employment; business registration certificate; and whether the applicant or the person for whom it has been confirmed to grant the assistance is disabled and the severity of his/her disability;
3. Data necessary for probing the needs for welfare and providing services therefor, such as computerized resident registration data, family relation certificate, entry to or departure from the country, and correctional record.
(2) The Minister of Education or the Superintendent of an Office of Education shall regularly renew the data referred to in paragraph (1). <Amended by Presidential Decree No. 24423, Mar. 23, 2013>
[This Article Newly Inserted by Amended by Presidential Decree No. 24377, Feb. 15, 2013]
 Article 104-7 (Notification of Collection of Expenses)
Notification under Article 60-10 (2) shall be given in writing, fixing a payment period of at least 30 days: Provided, That it may be given in an electronic document if consent is obtained from the person subject to collection.
[This Article Newly Inserted by Presidential Decree No. 28012, May 8, 2017]
CHAPTER VI SUPPLEMENTARY PROVISIONS
 Article 105 (Special Cases on Operation of Schools and Curricula)
(1) The Superintendent of an Office of Education may designate and operate any of the following national, public, or private elementary schools, middle schools, and high schools as a school that may operate school or curricula autonomously (hereinafter referred to as "autonomous school") pursuant to Article 61 of the Act: Provided, That where the Superintendent of an Office of Education intends to designate a national school and any school of the second group in areas where the Superintendent of an Office of Education conducts an admission process under Article 77 (2) as an autonomous school, he/she shall consult in advance with the Minister of Education: <Amended by Presidential Decree No. 22625, Jan. 17, 2011; Presidential Decree No. 24423, Mar. 23, 2013; Presidential Decree No. 27424, Aug. 2, 2016>
1. A school that provides education to students with learning disabilities, etc.;
2. A school that operates various and specialized curricula to develop an individual student's aptitude and abilities;
3. A school that operates special curricula in order to develop creativity and cultivate the personality of students;
4. A specialized middle school;
5. A high school tailored to industrial demand and a specialized high school;
7. Other schools particularly deemed necessary by the Superintendent of an Office of Education.
(2) The head of a school who intends to operate an autonomous school shall prepare an application containing the following matters and submit it to the Superintendent of an Office of Education:
1. A school operation plan;
2. A curricula operation plan;
3. A plan for an admission process;
4. A plan for the assignment of teachers;
5. Other matters determined and publicly announced by the Superintendent of an Office of Education concerning the operation, etc. of autonomous schools.
(3) Notwithstanding paragraph (2), the Superintendent of an Office of Education may designate, ex officio, a public school particularly deemed necessary to improve the academic ability of students as an autonomous school. In such cases, the head of the school designated by the Superintendent of an Office of Education shall promptly prepare the matters referred to in each subparagraph of paragraph (1) and submit them to the Superintendent of an Office of Education.
(4) An autonomous school shall be designated and operated within a period of five years and it may be extended and operated, as determined by the Superintendent of an Office of Education.
(5) The Minister of Education or the Superintendent of an Office of Education shall provide support necessary for the operation of autonomous schools. <Amended by Presidential Decree No. 24423, Mar. 23, 2013>
(6) Except as otherwise expressly provided for in paragraphs (1) thorough (5), matters necessary for the designation and operation of autonomous schools shall be determined and publicly announced by the Minister of Education. <Amended by Presidential Decree No. 24423, Mar. 23, 2013>
[This Article Wholly Amended by Presidential Decree No. 22234, Jun. 29, 2010]
 Article 105-2 (Qualifications, etc. for Principals Selected through Open Recruitment Procedures)
(1) Article 12-5 (1) of the Decree on Appointment of Public Officials shall apply mutatis mutandis to matters concerning the qualifications, etc. for principals selected through open recruitment procedures per type of school of public autonomous schools and an autonomous private high schools to which Article 21 (1) of the Act shall not apply pursuant to Article 61 of the Act.
(2) The Minister of Education and the Superintendent of an Office of Education shall provide qualification training to persons without a certificate of qualification as principal among those appointed as principals through open recruitment procedures under Article 29-3 of the Educational Officials Act and those appointed as principals through open recruitment procedures of a private autonomous school and an autonomous private high school under paragraph (1) within one year of the appointment. In such cases, details for such qualification training, methods of implementation, etc. shall be determined by the Minister of Education. <Amended by Presidential Decree No. 24423, Mar. 23, 2013>
[This Article Wholly Amended by Presidential Decree No. 23396, Dec. 28, 2011]
 Article 105-3 (Committee for Designation of Special Purpose High Schools, Etc.)
(1) To deliberate on the following matters concerning the designation or revocation of designation of specialized middle schools, special purpose high schools, and autonomous private high schools to provide advice and suggestion as may be required by the Minister Education, the Committee for Designation of Special Purpose High Schools, Etc., shall be established under the jurisdiction of the Minister of Education:
1. Matters concerning the designation or revocation of designation of specialized middle schools, special purpose high schools, and autonomous private high schools;
2. Matters concerning the medium- and long-term development of specialized middle schools, special purpose high schools, and autonomous private high schools.
(2) Except as otherwise expressly provided for in paragraph (1), matters necessary for the organization and operation of the Committee for Designation of Special Purpose High Schools, Etc., shall be prescribed by Ordinance of the Ministry of Education.
[This Article Newly Inserted by Presidential Decree No. 25819, Dec. 9, 2014]
 Article 105-4 (Designation and Governance Committee of Autonomous Schools, etc.)
(1) A Designation and Governance Committee of Autonomous Schools shall be established under the jurisdiction of the Superintendent of an Office of Education to deliberate on the following matters concerning the designation and operation of autonomous schools in response to requests by the Superintendent of an Office of Education: <Amended by Presidential Decree No. 22234, Jun. 29, 2010; Presidential Decree No. 22955, Jun. 7, 2011>
1. Matters concerning a plan to designate and operate autonomous schools or such;
2. Matters concerning the extension of a period and revocation of designation of autonomous schools;
3. Matters concerning the operation evaluation of autonomous schools;
4. Other matters determined by the Superintendent of an Office of Education with respect to the operation, etc. of autonomous schools.
(2) Matters necessary for the composition and operation of the Designation and Governance Committee of an autonomous school, etc. under paragraph (1) shall be determined by Educational Rules of the relevant City/Do.
[This Article Newly Inserted by Presidential Decree No. 21375, Mar. 27, 2009]
 Article 105-5 (Normalization of School Operation of Autonomous Private High Schools)
(1) Upon receipt of an application by the educational foundation of an autonomous private high school that fails to satisfy the standards for recruiting freshmen determined by Ordinance of the Ministry of Education, the Minister of Education may designate the relevant school as a school eligible for support of normalization of school operation (hereinafter referred to as "school eligible for support of normalization"). <Amended by Presidential Decree No. 24423, Mar. 23, 2013>
(2) Notwithstanding Article 91-3 (1) 1, financial support necessary for the normalization of school operation may be provided to a school designated as a school eligible for support of normalization.
(3) Where a school eligible for support of normalization fails to satisfy the standards for recruiting freshmen determined by Ordinance of the Ministry of Education in the following year after the designation or the relevant educational foundation desires to revoke the designation as an autonomous private high school, the Minister of Education may request the Superintendent of an Office of Education having jurisdiction over the relevant school to revoke the designation of an autonomous private high school. <Amended by Presidential Decree No. 24423, Mar. 23, 2013; Presidential Decree No. 26521, Sep. 15, 2015>
(4) The Superintendent of an Office of Education, in receipt of a request under paragraph (3), shall revoke the designation of a relevant school as an autonomous private high school. In such cases, the designation of the school eligible for support of normalization under paragraph (1) shall be deemed revoked.
(5) Except as otherwise expressly provided for in paragraphs (1) through (4), detailed matters concerning the method of, and procedures for, designation of schools eligible for support of normalization shall be determined by Ordinance of the Ministry of Education. <Amended by Presidential Decree No. 24423, Mar. 23, 2013>
[This Article Newly Inserted by Presidential Decree No. 22955, Jun. 7, 2011]
 Article 105-6 Deleted. <by Presidential Decree No. 26521, Sep. 15, 2015>
 Article 105-7 (Hearings)
Where the Superintendent of an Office of Education intends to revoke the designation of a specialized middle school, special purpose high school, specialized high school or autonomous private high school under Articles 76 (5), 90 (4), 91 (2) and 91-3 (4), he/she shall hold a hearing.
[This Article Newly Inserted by Presidential Decree No. 22955, Jun. 7, 2011]
 Article 106 (Closure of Schools)
Where the competent authorities issue an order to close a school pursuant to Article 65 (1) of the Act, the founder or manager of the school shall submit documents and school registers stating the student enrollment and the disposal conditions of school endowment to the competent authorities within three months from the date of receipt of such order.
 Article 106-2 (Delegation of Authority and Entrustment of Duties)
(1) The Minister of Education shall delegate the following authority to the Superintendent of an Office of Education under Article 62 (1) of the Act: <Amended by Presidential Decree No. 17115, Jan. 29, 2001; Presidential Decree No. 18690, Jan. 29, 2005; Presidential Decree No. 20740, Feb. 29, 2008; Presidential Decree No. 23435, Dec. 30, 2011; Presidential Decree No. 23975, Jul. 24, 2012; Presidential Decree No. 24377, Feb. 15, 2013; Presidential Decree No. 24423, Mar. 23, 2013>
1. Assessment of schools under the jurisdiction of the Minister of Education under Article 9 (2) of the Act;
2. Examinations and granting of qualification for advanced skills teachers under Article 21 (3) of the Act;
3. Acknowledgement of qualifications for principals pursuant to attached Table 1 of the Act;
4. Examinations and granting of qualification for those who fall under subparagraph 9 of qualification for regular teachers of middle schools (Grade II) referred to in attached Table 2 of the Act.
(2) The Minister of Education or the Superintendent of an Office of Education shall entrust the following duties to the Minister of Health and Welfare under Article 62 (3) of the Act: <Newly Inserted by Presidential Decree No. 24377, Feb. 15, 2013; Presidential Decree No. 24423, Mar. 23, 2013>
1. Request for provision of financial information, etc., for proving property under Article 60-6 of the Act;
2. Request for provision of data under Article 60-7 (2) of the Act;
3. Renewal of data under Article 104-6 (2).
(3) The Minister of Education or the Superintendent of an Office of Education shall delegate or entrust the following duties to the heads of Sis/Guns/Gus pursuant to Article 62 (3) of the Act: <Newly Inserted by Presidential Decree No. 24377, Feb. 15, 2013; Presidential Decree No. 24423, Mar. 23, 2013; Presidential Decree No. 27424, Aug. 2, 2016>
1. Receipt of applications for assistance of educational expenses under Article 60-5 of the Act;
2. Request to submit data for verifying eligibility for assistance of educational expenses, and inquiries and investigations therefor under Article 60-7 (1) of the Act;
3. Rejection of applications for assistance of educational expenses or revocation, suspension or change of determinations to grant assistance, under Article 60-7 (4) of the Act.
[This Article Newly Inserted by Presidential Decree No. 16729, Feb. 28, 2000]
 Article 106-3 (Management of Sensitive Information and Personally Identifiable Information)
(1) The Minister of Education and the Superintendent of an Office of Education (including persons to whom the authority of the Minister of Education or the Superintendent of an Office of Education is delegated or entrusted under Article 30-4 (2) of the Act or Article 13-4 or 106-2 of this Decree) may handle the data which contain resident registration numbers or foreigner registration numbers under subparagraph 1 or 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act, if it is inevitable to perform the following affairs: <Amended by Presidential Decree No. 24423, Mar. 23, 2013; Presidential Decree No. 25532, Aug. 6, 2014; Presidential Decree No. 25961, Jan. 6, 2015; Presidential Decree No. 28012, May 8, 2017; Presidential Decree No. 28112, Jun. 20, 2017>
1. Affairs related to the educational statistics survey under Article 11-2 (1) of the Act;
1-2. Affairs related to the execution of examinations recognizing an equivalent academic background with the graduates of elementary schools, middle schools, or high schools under Article 27-2 of the Act;
2. Affairs related to the receipt and handling of applications for assistance for educational expenses under Article 60-5 of the Act;
3. Affairs related to the request for provision of financial information, etc., under Article 60-6 of the Act;
4. Affairs related to the investigations, inquiries, etc., under Article 60-7 of the Act;
5. Affairs related to building up and operating an information system for assistance for and handling the applications for assistance for educational expenses under Article 60-8 of the Act;
5-2. Affairs related to the collection of expenses under Article 60-10 of the Act;
6. Affairs related to the admission and transfer of students returning from overseas, multicultural students, etc., under Article 19;
7. Affairs related to the transfer to elementary schools under Article 21;
8. Affairs related to the allocation of middle schools under Article 71;
9. Affairs related to the transfer, etc., to middle schools under Article 73;
10. Affairs related to the admission, transfer and special admission of students returning from overseas, multicultural students, etc. under Article 75;
11. Affairs related to the admission process under Articles 81, 81-2, 82, 82-2 and 82-3;
12. Affairs related to selection and assignment method for new students of schools of second group under Article 84;
13. Affairs related to the transfer, etc., to high schools under Article 89;
14. Affairs related to the admission, transfer and special admission of returning students, etc. under Article 89-2;
15. Affairs related to the receipt of application for, and the execution and handling of qualification examinations, the issuance of various types of certificates, and other relevant affairs under Articles 96 (2), 97 (2) and 98 (2).
(2) The head of a national and public school and the manager of an educational foundation or a private school (including persons to whom appointing authority is delegated under Article 42 (2)) may handle the data containing resident registration numbers under subparagraph 1 of Article 19 of the Enforcement Decree of the Personal Information Protection Act, if it is inevitable to perform the affairs related to the appointment of an industrial-educational teacher, etc. <Newly Inserted by Presidential Decree No. 25532, Aug. 6, 2014>
(3) The head of an elementary school, a middle school, high school, or special school may handle the data containing resident registration numbers under subparagraph 1 of Article 19 of the Enforcement Decree of the Personal Information Protection Act, if it is inevitable to perform the following affairs: <Newly Inserted by Presidential Decree No. 25532, Aug. 6, 2014; Presidential Decree No. 25961, Jan. 6, 2015>
1. Affairs related to verification of grounds for disqualification of a member of a School Governance Committee under Article 31-2 of the Act;
2. Affairs referred to in paragraph (1) 6, 7 and 9 through 14.
(4) A deliberation committee on academic background may handle the data containing resident registration numbers under subparagraph 1 of Article 19 of the Enforcement Decree of the Personal Information Protection Act, if it is inevitable to perform the affairs related to the deliberation on recognition of academic background under Article 98-2. <Newly Inserted by Presidential Decree No. 25532, Aug. 6, 2014>
(5) The head of a school who may recognize academic background and determine a grade under Article 98-3 may handle the data containing resident registration numbers under subparagraph 1 of Article 19 of the Enforcement Decree of the Personal Information Protection Act, if it is inevitable to perform such affairs. <Newly Inserted by Presidential Decree No. 25532, Aug. 6, 2014>
(6) The head of a high school may handle the data containing resident registration numbers or alien registration numbers under subparagraph 1 or 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act, if it is inevitable to perform the following affairs: <Newly Inserted by Presidential Decree No. 25532, Aug. 6, 2014; Presidential Decree No. 27546, Oct. 18, 2016>
1. Affairs related to the management of school attendance of a high school student under Article 92-2;
2. Affairs related to the decision-making on a grade and admission to the high school under Article 98-4.
(7) The head of an elementary school may handle the data containing resident registration numbers under subparagraph 1 of Article 19 of the Enforcement Decree of the Personal Information Protection Act, if it is inevitable to perform the affairs related to the change of the school to enter under Article 18. <Newly Inserted by Presidential Decree No. 27546, Oct. 18, 2016>
(8) The head of an elementary school or a middle school may handle the data containing resident registration numbers or alien registration numbers under subparagraph 1 or 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act, if it is inevitable to perform the following affairs: <Newly Inserted by Presidential Decree No. 27546, Oct. 18, 2016>
1. Affairs related to the urging for school attendance under Article 25;
2. Affairs related to the decision-making on exemption or postponement of obligation for school attendance under Article 28 (2) or (3);
3. Affairs related to the management of a school register for persons whose obligation to attend school is postponed, etc. under Article 29.
(9) The head of a school may handle the data containing resident registration numbers or alien registration numbers under subparagraph 1 or 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act, if it is inevitable to perform the affairs related to the preparation of school records under Article 25 (1) of the Act. <Newly Inserted by Presidential Decree No. 27546, Oct. 18, 2016>
(10) A compulsory education management committee may handle the data containing resident registration numbers or alien registration numbers under subparagraph 1 or 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act, if it is inevitable to perform the affairs related to the deliberation on the matters set forth in the subparagraphs of Article 25-2 (1). <Newly Inserted by Presidential Decree No. 27546, Oct. 18, 2016>
(11) The head of an Eup/Myeon/Dong may handle the data containing resident registration numbers or alien registration numbers under subparagraph 1 or 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act, if it is inevitable to perform the following affairs: <Newly Inserted by Presidential Decree No. 27546, Oct. 18, 2016>
1. Affairs related to the preparation of a list of school children under Article 15;
2. Affairs related to a notice to send children to school under Article 17;
3. Affairs related to urging for attending school under Article 26.
(12) The head of a district office of education may handle the data containing resident registration numbers or alien registration numbers under subparagraph 1 or 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act, if it is inevitable to perform the following affairs: <Newly Inserted by Presidential Decree No. 27546, Oct. 18, 2016>
1. Affairs related to urging for attending school under Article 26;
2. Affairs set forth in the subparagraphs of Article 27-2 (2).
(13) The Superintendent of an Office of Education may handle the data classified as follows, if it is inevitable to perform the following affairs: <Amended by Presidential Decree No. 27960, Mar. 27, 2017>
1. Authorization for the establishment of a private school under Article 4 of the Act: Information that constitutes a criminal history record under subparagraph 2 of Article 18 of the Enforcement Decree of the Personal Information Protection Act or data containing resident registration numbers or alien registration numbers under Article 19 of the same Decree;
2. Affairs set forth in the subparagraphs of Article 27-2 (2): Data containing resident registration numbers or alien registration numbers under Article 19 of the Enforcement Decree of the Personal Information Protection Act.
[This Article Newly Inserted by Amended by Presidential Decree No. 24377, Feb. 15, 2013]
 Article 106-4 (Re-Examination of Regulations)
(1) The Minister of Education shall examine the appropriateness concerning the following matters every three years, counting from any of the following base dates (referring to the period that ends on the day before the third anniversary of the base date), and shall take measures, such as making improvements: <Amended by Presidential Decree No. 26855, Dec. 31, 2015; Presidential Decree No. 27751, Dec. 30, 2016>
1. Order for correction under Article 61: January 1, 2016;
2. Composition of the Governance Committee of private schools, duty of the head of a school to respect the result of consultation with the Governance Committee, and order for correction for cases where the head of school fails to undergo a deliberation and resolution by the Governance Committee, under Article 63: January 1, 2016;
3. Circumstances in which the designation of an autonomous private high school is revoked under 91-3 (4): January 1, 2016.
(2) The Minister of Education shall examine the appropriateness of the matters to be specified in school regulations under Article 9 (1) every two years, counting from January 1, 2017 (referring to the period that ends on the day before the second anniversary of the base date), and shall take measures, such as making improvements: <Amended by Presidential Decree No. 27751, Dec. 30, 2016>
[This Article Newly Inserted by Presidential Decree No. 25050, Dec. 30, 2013]
 Article 107 (Criteria for Imposition of Administrative Fines)
Criteria for imposition of administrative fines under Article 68 (1) of the Act shall be as prescribed in attached Table 3.
[This Article Newly Inserted by Presidential Decree No. 24377, Feb. 15, 2013]
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on March 1, 1998.
Article 2 (Repeal of other Acts and Subordinate Statutes)
The following Presidential Decrees are hereby repealed:
2. The Regulations on the Implementation of Compulsory Education for Middle School.
Article 3 (Transitional Measures on Application for Authorization on Establishment of Private Schools)
Applications for authorization on the establishment, closure and modification of private schools under the previous Enforcement Decree of the Education Act as at the time this Decree enters into force shall be deemed applications under this Decree.
Article 4 (Transitional Measures on Annex Schools)
Annex schools under the previous Enforcement Decree of the Education Act as at the time this Decree enters into force shall be deemed annex schools under this Decree.
Article 5 (Transitional Measures on Entrusted Education)
Entrusted education on compulsory education for elementary school and middle school in force under the previous Enforcement Decree of the Education Act as at the time this Decree enters into force shall be deemed entrusted education under this Decree.
Article 6 (Transitional Measures on Compulsory Education for Middle School)
Compulsory education under the previous Regulations on the Implementation of Compulsory Education for Middle School as at the time this Decree enters into force shall be deemed compulsory education for middle school under this Decree.
Article 7 (Transitional Measures on the Exemption from and Postponement of Obligation to Attend School)
Decisions on the exemption from and postponement of obligation to attend school under the previous Enforcement Decree of the Implementation of Compulsory Education for Middle School at the time of the entry into force of this Decree shall be deemed decisions made under this Decree.
Article 8 (Transitional Measures on Discipline of Students)
Disciplinary measures against students under the previous Enforcement Decree of the Education Act at the time of the entry into force of this Decree shall be deemed disciplinary measures against students taken under this Decree.
Article 9 (Transitional Measures on Senior Teachers)
Senior teachers under the previous Enforcement Decree of the Education Act at the time of the entry into force of this Decree shall be deemed teachers holding positions under this Decree.
Article 10 (Transitional Measures on the Combination and Operation of Elementary, Middle, and High Schools)
Schools combined and operated under the previous Enforcement Decree of the Education Act at the time of the entry into force of this Decree shall be deemed schools combined and operated under this Decree.
Article 11 (Transitional Measures on Plan for Admitting Students)
Plan for admitting students submitted by the Superintendent of the Office of Education to the Minister of Education under the previous Enforcement Decree of the Education Act at the time of the entry into force of this Decree shall be deemed to have been submitted under this Decree.
Article 12 (Transitional Measures on Branch of School)
Branches of schools established under the previous Enforcement Decree of the Education Act at the time of the entry into force of this Decree shall be deemed to have been established under this Decree.
Article 13 (Transitional Measures on Members of School Governance Committees)
Members of a School Governance Committee elected under the previous Enforcement Decree of the Local Education Autonomy Act at the time of the entry into force of this Decree shall be deemed members of a school Governance Committee elected under this Decree.
Article 14 (Transitional Measures on Instructors)
Instructors appointed under the previous Enforcement Decree of the Education Act at the time of the entry into force of this Decree shall be deemed to have been appointed under this Decree.
Article 15 (Transitional Measures on Middle School Admission Sortition Management Committees)
Middle school admission sortition management committees, entrance screening committees for high school, and high school admission sortition management committees established under the previous Enforcement Decree of the Education Act at the time of the entry into force of this Decree shall be deemed to have been established under this Decree.
Article 16 (Transitional Measures on Special Purpose High Schools)
Special purpose high schools and specialized high schools designated and announced by the Minister of Education under the previous Enforcement Decree of the Education Act at the time of the entry into force of this Decree shall be deemed to have been designated and announced under this Decree.
Article 17 Omitted.
Article 18 (Relation with Other Acts and Subordinate Statutes)
Where other Acts and subordinate statutes cite the previous Enforcement Decree of the Education Act or the Regulations on the Implementation of Compulsory Education for Middle School, or their provisions at the time of the entry into force of this Decree, and if this Decree includes the provisions corresponding to them, this Decree or the corresponding provisions of this Decree shall be deemed to have been cited in lieu thereof.
ADDENDA <Presidential Decree No. 15772, Apr. 11, 1998>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDUM <Presidential Decree No. 16137, Feb. 27, 1999>
This Decree shall enter into force on March 1, 1999.
ADDENDA <Presidential Decree No. 16522, Aug. 7, 1999>
(1) (Enforcement Date) This Decree shall enter into force on September 1, 1999.
(2) (Transitional Measures concerning Those subject to Compulsory Education for Middle School) Persons, who are recognized as those subject to compulsory education for middle school under the previous provisions at the time of enforcing this Act, shall be deemed persons subject to the compulsory education for middle school under this Decree notwithstanding the amended provisions of Article 23 (1) and Table 1.
ADDENDA <Presidential Decree No. 16729, Feb. 28, 2000>
(1) (Enforcement Date) This Decree shall enter into force on March 1, 2000.
(2) (Transitional Measures concerning Members of School Governance Committee) The members of a School Governance Committee elected pursuant to the previous provisions as at the time this Decree enters into force shall be deemed the members of a School Governance Committee elected pursuant to this Decree.
(3) (Transitional Measures concerning Fixed Number of Members of School Governance Committee) The fixed number of members of a School Governance Committee organized pursuant to the previous provisions as at the time this Decree enters into force shall be governed by the previous provisions until the terms of office of members of the School Governance Committee concerned terminate, notwithstanding the amended provisions of Articles 58 (1) and 63 (2).
(4) (Special Cases concerning Establishment of School Governance Committee Regulations) The regulations of a private school Governance Committee organized first after this Decree enters into force shall be determined by the head of a school after hearing opinions of the school personnel and parents of students of the school concerned.
ADDENDUM <Presidential Decree No. 17023, Dec. 27, 2000>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 17115, Jan. 29, 2001>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 17142, Mar. 2, 2001>
(1) (Enforcement Date) This Decree shall enter into force on the date of its promulgation.
(2) (Special Cases of Holidays in 2001 School Year) The holidays in the 2001 school year shall be determined by the principal of school through the deliberation of the School Governance Committee after the commencement of the school year, notwithstanding the amended provisions of Article 47 (1).
ADDENDA <Presidential Decree No. 17390, Oct. 20, 2001>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Application Examples, etc. following Expansion of Compulsory Education for Middle School in Areas of Special Metropolitan City, Metropolitan City and City)
(1) The amended provisions of Article 23 (1) 4 shall apply chronologically, starting from the entered persons of the year 2002.
(2) Where the persons not subject to compulsory education under Article 23 (1) 4 and Article 2 (1) of the Addenda have moved their residence to areas under Article 23 (1) 1 through 3, they shall be deemed the persons subject to compulsory education only in the case of a transfer of school or a special admission to the middle schools in the school group or the middle school district in the said residence place.
Article 3 (Special Cases of Public Announcement of Change of Entrance Screening Method into Autonomous Schools for Year 2002)
The principal of the schools determined by the Minister of Education and Human Resources Development from among the autonomous schools under Article 105, shall publicly announce the change of entrance screening methods for the year 2002 not later than October 31, 2001, notwithstanding the amended provisions of Article 105 (6).
Article 4 Omitted.
ADDENDUM <Presidential Decree No. 17895, Jan. 29, 2003>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 18282, Feb. 17, 2004>
(1) (Enforcement Date) This Decree shall enter into force on the date of its promulgation.
(2) (Transitional Measures concerning Schools Accrediting Academic Background) Any school that is designated as a school accrediting academic background by the Minister of Education and Human Resources Development pursuant to the previous provisions at the time of enforcement of this Decree shall be deemed to be designated by the Superintendent of the Office of Education under this Decree.
(3) (Transitional Measures concerning Autonomous Schools) Any school that is designated as an autonomous school by the Minister of Education and Human Resources Development pursuant to the previous provisions at the time of enforcement of this Decree shall be deemed to be designated by the Superintendent of the Office of Education under this Decree.
(4) Omitted.
ADDENDUM <Presidential Decree No. 18312, Mar. 17, 2004>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 18551, Sep. 23, 2004>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 18690, Jan. 29, 2005>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 30, 2005.
Articles 2 through 6 Omitted.
ADDENDUM <Presidential Decree No. 19057, Sep. 29, 2005>
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 40-3 shall enter into force on January 1, 2006.
ADDENDUM <Presidential Decree No. 19507, Jun. 12, 2006>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 19655, Aug. 24, 2006>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 19856, Feb. 1, 2007>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 20003, Apr. 12, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
Article 3 (Relation with Other Acts and Subordinate Statutes)
Where other Acts and subordinate statutes have cited a "vocational high school" under this Decree at the time of enforcement of this Decree, it shall be deemed a "technical high school" has been cited.
ADDENDUM <Presidential Decree No. 20056, May 16, 2007>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 20116, Jun. 28, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDUM <Presidential Decree No. 20635, Feb. 22, 2008>
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 31-2 through 31-4 shall enter into force on March 1, 2008.
ADDENDA <Presidential Decree No. 20740, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 7 Omitted.
ADDENDA <Presidential Decree No. 20790, May 26, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 20792, May 27, 2008>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 21087, Oct. 20, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 21102, Nov. 5, 2008>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 21162, Dec. 12, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 14, 2008.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 21214, Dec. 31, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDUM <Presidential Decree No. 21215, Dec. 31, 2008>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 21375, Mar. 27, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Designation of Autonomous Private High Schools)
Where a school has been designated as an autonomous private high school pursuant to the amended provisions of Article 105-3, matters concerning autonomous operation of a school and curricula shall apply beginning with new students who are selected after the relevant school has been designated as an autonomous private high school.
Article 3 (Procedural Special Cases on Independent Private High School in Exemplary Operation)
Where an independent private high school being operated exemplarily as designated by the Minister of Education, Science and Technology at the time when this Decree enters into force files an application for designation of an autonomous private high school with the Superintendent of an Office of Education pursuant to Article 105-3, Article 105-3 (2) shall not apply to such a case.
Article 4 (Transitional Measures of Support of Admission Process)
Notwithstanding the amended provisions of Article 105 (4), the previous provisions shall apply to an autonomous school being operated as designated by the Superintendent of an Office of Education pursuant to Article 105 as at the time this Decree enters into force.
Article 5 (Transitional Measures upon Completion of Period for Trial Operation of Self-Supporting Private High Schools)
(1) The principal of an independent private high school which is under trial operation at the time this Decree enters into force and is designated as an autonomous private high school after this Decree enters into force may select students with any methods other than written examinations upon the application of students, notwithstanding Articles 81 and 82, as long as his/her school continues to be designated as an autonomous private high school.
(2) Article 105-3 (3) shall not apply to a school to which paragraph (1) is applicable.
ADDENDUM <Presidential Decree No. 21688, Aug. 18, 2009>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 21767, Oct. 7, 2009)
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Deleted. <by Presidential Decree No. 23184, Sep. 30, 2011>
ADDENDA <Presidential Decree No. 21809, Nov. 5, 2009)
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDUM <Presidential Decree No. 22062, Feb. 26, 2010>
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 98-4 shall enter into force on March 1, 2011.
ADDENDA <Presidential Decree No. 22151, May 4, 2010)
Article 1 (Enforcement Date)
This Decree shall enter into force on May 5, 2010.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 22234, Jun. 29, 2010)
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Semester Systems)
The amended provisions of Article 44 (2) shall apply to the school year of 2011.
Article 3 (Applicability to Permits for Transfer, etc.)
(1) The amended provisions of Article 66 (2) shall apply to the admission, re-admission, transfer, or special admission that is first permitted by the head of a middle school after September 1, 2010.
(2) The amended provisions of the proviso to Article 89 (1) shall apply to the transfer or transfer admissions that is first permitted by the head of a high school after September 1, 2010.
Article 4 (Applicability to Designation Period of Specialized Middle Schools and Special Purpose High Schools)
A school designated and publicly announced as a specialized middle school pursuant to Article 76 at the time this Act enters into force and a school designated and publicly announced as a special purpose high school under the former Article 90 (1) 5 through 9 shall be governed by Articles 76 (5) and 90 (4) by deeming that such school is newly designated and publicly announced as a specialized middle school or a special purpose high school for five years from date on which this Decree enters into force.
Article 5 (Transitional Measures to Conversion of High Schools Tailored to Industrial Demand to Special Purpose High Schools)
A school designated and publicly announced as a high school tailored to industrial demand pursuant to former Article 91-2 at the time this Act enters into force shall be deemed to be newly designated and publicly announced as a special purpose high school under Article 90 (1) 10 for five years from date on which this Decree enters into force.
Article 6 (Transitional Measures to Conversion of Technical High Schools to Specialized High Schools)
(1) A school designated as a special purpose high school pursuant to former Article 90 (1) 1 through 4 at the time this Act enters into force and a former technical highschool shall be deemed to be designated and publicly announced respectively as a specialized high on the date on which this Act enters into force.
(2) The Superintendent of an Office of Education shall evaluate the operation performance, etc. of schools designated and publicly announced as specialized high schools pursuant to paragraph (1) and shall decide whether to continue designating such schools as specialized high schools by no later than February 28, 2015.
Article 7 Omitted.
Article 8 (Transitional Measures to Amendments of Other Acts and Subordinate Statutes)
A person graduated from a former technical high school at the time this Act enters into force shall be deemed as a graduate of a specialized high school (excluding high schools that provide specialized experience education such as a field training in nature) and shall be governed by the amended Acts and subordinate statutes pursuant to Article 7 of the Addenda.
Article 9 (Relations to Other Acts and Subordinate Statutes)
A citation of "general high school" and "technical high school" in other Acts and subordinate statutes at the time this Act enters into force shall be deemed a citation of "general high school" and "high school tailored to industrial demand and specialized high school (excluding high school that provides specialized experience education, such as field training in nature)", respectively.
ADDENDUM <Presidential Decree No. 22542, Dec. 27, 2010>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 22625, Jan. 17, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 24, 2011.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 22712, Mar. 18, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Preparation of Minutes and Publications thereof)
The amended provisions of Article 59-3 shall apply to the Governance Committee meeting that is first held after this Decree enters into force.
Article 3 (Transitional Measures concerning Suspension from Attendance)
Notwithstanding the amended provisions of Article 31 (1), the previous provisions shall apply to punishments for acts that occurred before this Decree enters into force.
Article 4 (Transitional Measures concerning Areas where the Superintendent of Office of Education Conducts Admission Process for High Schools)
(1) Notwithstanding the amended provisions of the proviso to Article 67 (2), the amended provisions of Article 77, 81 (5), 82 (6), 84 (2) through (4), 87 (1), and 89 (2), the previous provisions shall apply to the time for special admission for middle schools and admission process for high schools until ordinance of a City/Do is established pursuant to the amended provision of Article 77 (2).
(2) Where ordinance of a City/Do is established pursuant to the amended provisions of Article 77 (2) and the areas where the Superintendent of an Office of Education conducts admission process are prescribed by such ordinance of a City/Do pursuant to the former provisions as at the time this Act enters into force, the requirements referred to in the subparagraphs of Article 77 (2) shall not apply. Where the areas where the Superintendent of an Office of Education conducts admission process shall be excluded from ordinance of a City/Do pursuant to the former provisions, opinion polls shall be conducted in accordance with Article 77 (3).
ADDENDUM <Presidential Decree No. 22955, Jun. 7, 2011>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 23116, Sep. 6, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 28, 2011.
Articles 2 through 5 Omitted.
ADDENDUM <Presidential Decree No. 23184, Sep. 30, 2011>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 23241, Oct. 25, 2011>
This Decree shall enter into force on October 26, 2011: Provided, That the amended provisions of Article 45 shall enter into force on March 1, 2012.
ADDENDUM <Presidential Decree No. 23303, Nov. 23, 2011>
This Decree shall enter into force on the date of its promulgation: Provided, That the provision regarding the Seoul National University of the amended provisions of Article 33 (6) shall enter into force on December 28, 2011.
ADDENDA <Presidential Decree No. 23314, Nov. 23, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDUM <Presidential Decree No. 23396, Dec. 28, 2011>
This Decree shall enter into force on January 1, 2012.
ADDENDA <Presidential Decree No. 23435, Dec. 30, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2012.
Article 2 (Applicability to Matters Deliberated on by Entrance Screening Committees for High Schools)
The amended provisions of Article 79 (1) 4 shall apply from the first entrance screening for high schools in 2013.
ADDENDUM <Presidential Decree No. 23658, Mar. 13, 2012>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 23746, Apr. 20, 2012>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 23975, Jul. 24, 2012>
This Decree shall enter into force on July 27, 2012.
ADDENDA <Presidential Decree No. 24148, Oct. 29, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2013.
Articles 2 and 3 Omitted.
ADDENDUM <Presidential Decree No. 24377, Feb. 15, 2013>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 24423, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Presidential Decree No. 24810, Oct. 30, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 54 (5) and (6) shall enter into force on January 1, 2014.
Article 2 (Transitional Measures concerning Appointment of Multicultural Language Instructors)
Persons who have been appointed as honorary teachers or instructors and are in charge of teaching multicultural languages at schools as at the time this Decree enters into force shall be deemed appointed under the amended provisions of Article 42 (1), notwithstanding the amended provisions of attached Table 2.
Article 3 (Transitional Measures concerning Student Allocation Plans)
Student allocation plans established as at the time this Decree enters into force shall be deemed student allocation plans established under the amended provisions of Article 52.
ADDENDUM <Presidential Decree No. 25050, Dec. 30, 2013>
This Decree shall enter into force on January 1, 2014. (Proviso Omitted.)
ADDENDUM <Presidential Decree No. 25184, Feb. 18, 2014>
This Decree shall enter into force three months after the date of its promulgation.
ADDENDA <Presidential Decree No. 25375, Jun. 11, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDUM <Presidential Decree No. 25532, Aug. 6, 2014>
This Decree shall enter into force on August 7, 2014.
ADDENDUM <Presidential Decree No. 25819, Dec. 9, 2014>
This Decree shall enter into force on January 1, 2015.
ADDENDA <Presidential Decree No. 25840, Dec. 9, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2015.
Articles 2 through 16 Omitted.
ADDENDA <Presidential Decree No. 25918, Dec. 30, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2015.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 25961, Jan. 6, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 3 through 5, 96 (1) 1, 97 (1) 1 and 2, and 98 (1) 2 and (2) shall enter into force on February 1, 2015, and the amended provisions of Article 82-2 shall enter into force on March 1, 2016.
Article 2 (Transitional Measures concerning Application, etc., for Authorization on Establishment of Private Schools)
Where any application is filed for the authorization on establishment, closure, or modification of authorized matters of a private school under the former provisions before February 1, 2015, it shall be deemed filed for the establishment, closure, or modification of authorized matters of the school under the amended provisions of Articles 3 through 5.
Article 3 Omitted.
ADDENDA <Presidential Decree No. 26521, Sep. 15, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 96 (2), 105-5 (3) and 105-6 shall enter into force on September 28, 2015, and the amended provisions of Articles 44 (3), 48-2 and 76-2 shall enter into force on January 1, 2016, respectively.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 26551, Sep. 25, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 28, 2015.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 26683, Nov. 30, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2016.
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 26855, Dec. 31, 2015>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 27056, Mar. 25, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on March, 28, 2016.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 27252, Jun. 21, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 23, 2016.
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 27424, Aug. 2, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on August 4, 2016: Provided, That the amended provisions of Articles 54 and 105 (1) 1 shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 27546, Oct. 18, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 1, 2017.
Article 2 (Applicability to Urging, Warning and Notification by Heads of Elementary Schools and Middle Schools)
(1) The amended provisions of Article 25 (1) 2 shall also apply where a student attending a school is absent for at least two days as at the time this Decree enters into force.
(2) The amended provisions of Article 25 (4) 1 shall also apply where three days elapse after urging or warning pursuant to paragraph (1) of the same Article as at the time this Decree enters into force.
Article 3 (Applicability to Exemption or Postponement of Obligation to Attend School)
The amended provisions of Article 28 (2) and (4), the main sentence of paragraph (5) of the same Article, and paragraph (7) of the same Article shall also apply where a decision on the exemption or postponement is not made despite the filing of an application for the exemption or postponement of obligation to attend school under the main sentence of the former Article 28 (1) or for the re-postponement or extension of postponement under the proviso to paragraph (4) of the same Article before the enforcement of this Decree.
ADDENDA <Presidential Decree No. 27616, Nov. 29, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 2, 2016.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 27751, Dec. 30, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2017. (Proviso Omitted.)
Articles 2 through 12 Omitted.
ADDENDUM <Presidential Decree No. 27773, Jan. 10, 2017>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 27960, Mar. 27, 2017>
This Decree shall enter into force on March 30, 2017. (Proviso Omitted.)
ADDENDUM <Presidential Decree No. 28012, May 8, 2017>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 28112, Jun. 20, 2017>
This Decree shall enter into force on June 22, 2017.