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EDUCATIONAL OFFICIALS ACT

Wholly Amended by Act No. 3458, Nov. 23, 1981

Amended by Act No. 3953, Nov. 28, 1987

Act No. 4009, Apr. 6, 1988

Act No. 4268, Dec. 27, 1990

Act No. 4304, Dec. 31, 1990

Act No. 4348, Mar. 8, 1991

Act No. 4347, Mar. 8, 1991

Act No. 4376, May 31, 1991

Act No. 4620, Dec. 27, 1993

Act No. 4841, Dec. 31, 1994

Act No. 5065, Dec. 29, 1995

Act No. 5158, Aug. 14, 1996

Act No. 5207, Dec. 30, 1996

Act No. 5717, Jan. 29, 1999

Act No. 6211, Jan. 28, 2000

Act No. 6400, Jan. 29, 2001

Act No. 6710, Aug. 26, 2002

Act No. 6741, Dec. 5, 2002

Act No. 6932, Jul. 25, 2003

Act No. 7120, Jan. 29, 2004

Act No. 7223, Oct. 15, 2004

Act No. 7360, Jan. 27, 2005

Act No. 7354, Jan. 27, 2005

Act No. 7353, Jan. 27, 2005

Act No. 7537, May 31, 2005

Act No. 8498, Jul. 13, 2007

Act No. 8528, Jul. 19, 2007

Act No. 8635, Aug. 3, 2007

Act No. 8852, Feb. 29, 2008

Act No. 8889, Mar. 14, 2008

Act No. 10258, Apr. 15, 2010

Act No. 10634, May 19, 2011

Act No. 10868, Jul. 21, 2011

Act No. 10905, Jul. 25, 2011

Act No. 11066, Sep. 30, 2011

Act No. 11213, Jan. 26, 2012

Act No. 11381, Mar. 21, 2012

Act No. 11382, Mar. 21, 2012

Act No. 11396, Mar. 21, 2012

Act No. 11527, Dec. 11, 2012

Act No. 11690, Mar. 23, 2013

Act No. 12121, Dec. 30, 2013

Act No. 12332, Jan. 24, 2014

Act No. 12755, jun. 11, 2014

Act No. 13221, Mar. 27, 2015

Act No. 13819, Jan. 27, 2016

Act No. 13936, Feb. 3, 2016

Act No. 15039, Nov. 28, 2017

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Act is to provide for special cases concerning the State Public Officials Act and the Local Public Officials Act applicable to public educational officials in terms of qualifications, appointment, remuneration, education and training, guarantee of status, etc., by taking account of the unique characteristics of duties and responsibilities of public educational officials who serve the nation through education.
[This Article Wholly Amended by Act No. 11066, Sep. 30, 2011]
 Article 2 (Definitions)
(1) The term "public educational official" used in this Act means any of the following persons:
1. Teaching staff or teaching assistants working for educational institutions;
2. Supervisory officials or school inspectors working for educational administrative agencies;
3. Educational research officials or educational researchers working for educational institutions, educational administrative agencies, or educational research institutions.
(2) The term "educational expert official" used in this Act means a public educational official defined in paragraph (1) 2 and 3. <Newly Inserted by Act No. 11527, Dec. 11, 2012>
(3) The term "educational institution" used in this Act means any of the following national or public schools or institutions: <Amended by Act No. 11527, Dec. 11, 2012; Act No. 13221, Mar. 27, 2015>
2. Training institutions provided for in Article 39 (1);
3. Educational training institutions established under Acts and subordinate statutes concerning education or municipal ordinances concerning education, such as student training institutions.
(4) The term "educational administrative agency" used in this Act means the Ministry of Education, its affiliated organizations, and the offices of education of the Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Do, or a Special Self-Governing Province (hereinafter referred to as "City/Do"). <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13221, Mar. 27, 2015>
(5) The term "educational research institution" used in this Act means a national or public institution established for conducting professional surveys and research on education.
(6) The term "appointment" used in this Act means hiring, promotion, promotion to a higher grade, change of a post, transfer, holding at least two positions concurrently, dispatch, demotion, temporary suspension from office, cancellation of an official position, suspension, reinstatement, discharge, layoff, or dismissal.
(7) The term "position" used in this Act means duties and responsibilities which may be performed by a public educational official.
(8) The term "change of a post" used in this Act means employment which changes the classification and qualification of a public educational official.
(9) The term "transfer" used in this Act means employment which changes one's workplace or department under the same position and qualification of a public educational official.
(10) The term "demotion" used in this Act means assignment to a lower position involving the same kind of duties.
(11) The term "reinstatement" used in this Act means return to the former position of a public educational official temporarily laid off, released from position or suspended from office.
[This Article Wholly Amended by Act No. 11066, Sep. 30, 2011]
CHAPTER II PERSONNEL COMMITTEE OF PUBLIC EDUCATIONAL OFFICIALS
 Article 3 (Establishment of Personnel Committee)
(1) There shall be established a Personnel Committee of Public Educational Officials (hereinafter referred to as "Personnel Committee") in the Ministry of Education in order to enable the Minister of Education to seek advice on important matters concerning the personnel affairs of public educational officials (excluding public educational officials working for public universities and colleges and educational expert officials under the jurisdiction of the superintendent of education; hereafter the same shall apply in this Article and Article 4). <Amended by Act No. 11527, Dec. 11, 2012; Act No. 11690, Mar. 23, 2013>
(2) The Personnel Committee shall be comprised of seven members, including one chairperson.
(3) The Vice Minister of Education shall serve as the chairperson of the Personnel Committee, and other members shall be commissioned by the President, upon recommendation by the Minister of Education, from among those who have at least seven years of teaching experiences or educational administration experiences and have considerable knowledge in personnel management. <Amended by Act No. 11690, Mar. 23, 2013>
(4) Matters necessary for the operation of the Personnel Committee shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 11066, Sep. 30, 2011]
 Article 4 (Functions of Personnel Committee)
The Minister of Education shall refer the following matters to the Personnel Committee for deliberation: <Amended by Act No. 11690, Mar. 23, 2013>
1. Matters concerning decisions on guidelines and criteria for the personnel management of public educational officials and the formulation of a master plan;
2. Matters concerning enactment, revisions, and abolition of Acts and subordinate statutes on the personnel affairs of public educational officials;
3. Other important matters concerning the personnel affairs of public educational officials.
[This Article Wholly Amended by Act No. 11066, Sep. 30, 2011]
 Article 5 (Personnel Committees of Universities or Colleges)
(1) There shall be established a personnel committee (hereinafter referred to as "university personnel committee") in a school prescribed in Article 2 of the Higher Education Act (hereinafter referred to as "university": Provided, That the same shall not apply in Articles 11-5, 24, 24-2, 24-3, and 25 through 27) in order to deliberate on the following matters: <Amended by Act No. 10866, Jul. 21, 2011; Act No.13819, Jan. 27, 2016>
1. Approval for assignment as the vice president of a university, head of a graduate school, and dean of a college;
2. Approval for the appointment of professors, associate professors, and assistant professors;
3. Other important matters concerning the personnel affairs of other teaching staff of a university.
(2) Matters necessary for the organization, functions, and operation of a university personnel committee shall be determined by Presidential Decree: Provided, That a specific quota of the total members of the committee shall be allocated to females.
[This Article Wholly Amended by Act No. 11066, Sep. 30, 2011]
CHAPTER III QUALIFICATIONS
 Article 6 (Qualifications for Teachers)
[This Article Wholly Amended by Act No. 11066, Sep. 30, 2011]
 Article 6-2 (Qualifications for Master Teachers)
[This Article Newly Inserted by Act No. 10905, Jul. 25, 2011]
 Article 7 (Qualifications for Principals, Deputy Principals, etc.)
Principals, deputy principals, and the heads or supervisors of children's educational institutions shall have qualifications prescribed under Article 22 (1) of the Early Childhood Education Act and Article 21 (1) of the Elementary and Secondary Education Act.
[This Article Wholly Amended by Act No. 11066, Sep. 30, 2011]
 Article 8 (Qualifications for Professors, etc.)
Professors, associate professors, assistant professors, and teaching assistants shall have qualifications prescribed under Article 16 of the Higher Education Act. <Amended by Act No.10866, Jul. 21, 2011>
[This Article Wholly Amended by Act No. 11066, Sep. 30, 2011]
 Article 9 (Qualifications for Educational Expert Officials)
Educational expert officials shall meet the qualification requirements prescribed in attached Table 1. <Amended by Act No. 11527, Dec. 11, 2012>
[This Article Wholly Amended by Act No. 11066, Sep. 30, 2011]
CHAPTER IV APPOINTMENT
 Article 10 (Principles of Appointment)
(1) Public educational officials shall be appointed according to their qualifications, results of retraining, performance, and other capabilities that have been actually proven.
(2) In appointing public educational officials, equal opportunities for appointment shall be accorded to those who are qualified as teachers and desire to be appointed, based on their capabilities.
[This Article Wholly Amended by Act No. 11066, Sep. 30, 2011]
 Article 10-2 (Foreign Faculty Members)
A university may appoint foreigners as its faculty members for teaching or research purposes.
[This Article Wholly Amended by Act No. 11066, Sep. 30, 2011]
 Article 10-3 (Restrictions on Hiring)
(1) No teaching staff referred to in this Act (including short-term teaching staff referred to in Article 32), private school teaching staff referred to in the Private School Act (including short-term teaching staff referred to in Article 54-4 of the Private School Act), instructors, etc. referred to in Article 23 of the Early Childhood Education Act, or educational-industrial teachers referred to in Article 22 of the Elementary and Secondary Education Act, who have been dismissed, laid off, or sentenced to imprisonment without labor or a heavier punishment (including persons who have completed a suspended execution of sentence for violating any Act) due to any of the following reasons, shall be newly or specially hired as teaching staff of a kindergarten defined in subparagraph 2 of Article 2 of the Early Childhood Education Act or a school defined in Article 2 of the Elementary and Secondary Education Act (hereinafter referred to as "high school or a school at lower level"); Provided, That this shall not apply where the competent disciplinary committee for public educational officials referred to in Article 50 (1) passes a resolution that any such person is capable of performing his/her duties as a member of teaching staff, in consideration of the level of his/her self-examination, etc.: <Amended by Act No. 10258, Apr. 15, 2010; Act No 10634, May 19, 2011; Act No. 13221, Mar. 27, 2015>
1. Deleted; <by Act No. 11213, Jan. 26, 2012>
2. Receipt of money and valuables;
3. Misconduct related with students' school grades, such as divulging test questions, manipulating school grades, etc.;
4. Physical violations against students.
(2) Resolutions by a disciplinary committee for public educational officials under the proviso to paragraph (1) shall require the attendance of at least two thirds of the incumbent members and the consent of a majority of those present.
[This Article Newly Inserted by Act No. 8889, Mar. 14, 2008]
 Article 10-4 (Grounds for Disqualification)
No person falling under any of the following shall be appointed as a public educational official: <Amended by Act No. 13819, Jan. 27, 2016>
1. A person falling under any subparagraph of Article 33 of the State Public Officials Act;
2. A person who is dismissed or removed from his/her office, or in whose case a sentence of punishment or medical treatment and custody is imposed and becomes definitive (including a person in whose case the suspension of execution of a sentence is imposed and the suspension period has elapsed) due to an act falling under any of the following against a minor:
(b) Sexual offense against children or juveniles defined subparagraph 2 of Article 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse;
3. A person who has been dismissed or removed from his/her office, or in whose case a sentence of a fine of at least one million won or a greater punishment, or medical treatment and custody is imposed and becomes definitive (including a person in whose case suspension of execution of a sentence is imposed and the suspension period has elapsed) due to an act of sexual crime defined in Article 2 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.
[This Article Newly Inserted by Act No. 11213, Jan. 26, 2012]
 Article 11 (Hiring, etc. of Teachers)
(1) Teachers shall be newly hired through an open screening process. In such cases, the appointment authority may award applicants falling under attached Table 2 additional points by up to 10/100 of the full marks of the primary examination.
(2) If necessary to facilitate the filling of vacancies and the operation of schools, the appointment authority may administer an examination for hiring through an open screening process, designating in advance regions or schools where successful applicants are prearranged to provide service. In such cases, the appointment authority may restrict the transfer of teachers employed through such examination to other regions or other schools for a period prescribed by Presidential Decree of up to 10 years.
(3) When conducting an open screening process under paragraphs (1) and (2), the principal of a national school may conduct the open screening process by entrusting it to the superintendent of education of the City/Do in which the relevant school is located. <Newly Inserted by Act No. 13819, Jan. 27, 2016>
(4) With regard to an open screening process under paragraphs (1) and (2), age limits and other qualification requirements for performing relevant duties, and other matters required for conducting an open screening process, such as the procedure, methods and evaluation elements thereof shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 11066, Sep. 30, 2011]
 Article 11-2 (Measures against Cheaters)
(1) With regard to a person who commits a cheating offense in an examination for hiring teachers through an open screening process conducted under Article 11, the examination shall be suspended or invalidated, and he/she shall be disqualified from sitting the examination under this Act for a period of five years from the date on which the disposition is issued.
(2) When the head of an agency who conducts an open screening examination, including an appointment authority or the superintendent of education, issues a disposition under paragraph (1), he/she shall, without delay, inform a person subjected to such disposition of the disposition with a reason therefor, and shall make a report on the person subjected to the disposition and the reason therefor to the Minister of Education or provide notification to other regional educational administrative agencies thereof.
(3) Where a person who has committed a cheating offense is a public official, the head of an agency that conducts an open screening examination shall request the competent disciplinary committee to adopt a resolution for disciplinary action or request the head of an agency to which such public official belongs to impose disciplinary action against him/her.
[This Article Newly Inserted by Act No. 13819, Jan. 27, 2016]
 Article 11-3 (Hiring, etc. of Teaching Staff of Universities)
(1) In hiring a new faculty member of a university, inordinate emphasis shall not be placed on candidates who have acquired bachelor's degrees from a specific university, and the detailed hiring ratio of such appointees and relevant matters shall be determined by Presidential Decree.
(2) In hiring new faculty members of a university, candidates shall undergo an objective and fair screening process by a group of examiners appointed or commissioned by the university.
(3) Methods of appointing or commissioning examiners as provided for in paragraph (2), stages and methods of screening, and other necessary matters for screening shall be determined by Presidential Decree.
[This Article Wholly Amended by Act No. 11066, Sep. 30, 2011]
 Article 11-4 (Appointment on Contract Basis, etc.)
(1) Faculty members of a university may be appointed on such specified terms as period of service, salary, conditions of employment, and agreement on achievements and work performance, as prescribed by Presidential Decree.
(2) Where the appointment period of a teacher appointed under paragraph (1) expires, the appointment authority shall notify in writing the relevant teacher of the fact that his/her appointment period is due to expire and that he/she may apply for a review for reappointment by no later than four months before the date when such appointment expires.
(3) Where a teacher in receipt of a notification pursuant to paragraph (2) intends to be reappointed, he/she shall file an application for a review for reappointment with the appointment authority within 15 days from the date when such notification is received.
(4) The appointment authority in receipt of an application for review for reappointment as prescribed in paragraph (3) shall determine whether the relevant teacher is to be reappointed after a review for reappointment by the university personnel committee, and notify the relevant teacher in writing of the fact by no later than two months before the date when the appointment period expires. In such cases, when the authority determines not to reappoint the relevant teacher, such notification shall be made clearly, stating specifically the intention not to reappoint him/her and the reasons for refusal of reappointment.
(5) When the university personnel committee reviews the reappointment of teaching staff under paragraph (4), such review shall be conducted based on the objective grounds as provided for in the school regulations, such as the evaluation of the following matters. In such cases, the relevant teaching staff shall be given an opportunity to make an appearance at a meeting of the university personnel committee to state his/her opinions on a designated date or to express his/her opinions in writing, by fixing a period of at least 15 days in the review process: <Amended by Act No. 15039, Nov. 28, 2017>
1. Matters concerning education of students;
2. Matters concerning academic research;
3. Matters concerning guidance for students;
4. Matters concerning industry-academia-research cooperation defined in subparagraph 6 of Article 2 of the Industrial Education Enhancement and Industry-Academia-Research Cooperation Promotion Act.
(6) Where the university personnel committee reviews the reappointment of a teacher, it shall take necessary measures to appropriately reflect his/her performance and achievements regarding the matters specified in each subparagraph of paragraph (5), in light of such teacher’s duties provided for in Article 15 of the Higher Education Act, in evaluating or otherwise assessing his/her performance. <Newly Inserted by Act No. 15039, Nov. 28, 2017>
(7) Where a teacher whose reappointment has been refused intends to file an objection with regard to the refusal of appointment, he/she may file an application for review with the Appeal Commission for Teachers under Article 7 of the Special Act on the Improvement of Teachers' Status and the Protection of Their Educational Activities, within 30 days from the date he/she becomes aware of such disposition. <Amended by Act No. 13936, Feb. 3, 2016>
[This Article Wholly Amended by Act No. 11066, Sep. 30, 2011]
 Article 11-5 (Formulation, etc. of Plans for Appointment Based on Equal Opportunities for Both Genders)
(1) The State and local governments shall formulate and implement policies necessary for equal rights for both genders in appointing faculty members of universities.
(2) The heads of universities (referring to schools under subparagraphs 1 through 3 and 5 of Article 2 of the Higher Education Act; hereafter the same shall apply in this Article) shall formulate and execute, every three years, plans necessary for the implementation of proactive measures, including appointment plans which specify appointment target ratio for each department, so as not to lean unduly towards either gender in appointing faculty members of their schools. In such cases, the actual results of promotion thereof shall be reported to the Minister of Education (referring to the head of a local government, in cases of public universities) each year. <Amended by Act No. 11690, Mar. 23, 2013>
(3) The State and local governments may provide universities with both administrative and financial assistance on the basis of the appraisals of their plans and the outcomes of implementation as referred to in paragraph (2).
(4) Matters necessary for the classification by each department and the formulation of plans under paragraph (2), methods and procedures for the appraisals under paragraph (3), etc. shall be determined by Presidential Decree.
[This Article Wholly Amended by Act No. 11066, Sep. 30, 2011]
 Article 12 (Special Hiring)
(1) Any of the following persons may be specially hired as prescribed by Presidential Decree:
1. Where appointing a public educational official retired from office on account of expiration of the period of temporary suspension from office due to any of the grounds set forth in Article 44 (1) 1 or any of the grounds set forth in Article 70 (1) 3 of the State Public Officials Act or Article 62 (1) 1 of the Local Public Officials Act as a public educational official with a position equivalent to the position at the time of his/her retirement within two years after his/her retirement, or appointing a public educational official retired from office to become a State or local public official in general service as a public educational official with a position equivalent to the position at the time of his/her retirement;
2. Where appointing a person who has at least three year research or work experience equivalent to that of the position to be filled;
3. Where appointing a person who is to work in a special area such as an island or a remote place where a competitive examination to fill vacancies is difficult, or appointing a person who will teach special subjects;
4. Where appointing a public official who has educational experience, educational administrative or research experience but who is unfit to be appointed by competitive examination;
5. Where appointing a teacher who works for a private school as a public educational official.
(2) Any person discharged from office due to a ground under Article 70 (1) 3 of the State Public Officials Act or Article 62 (1) 1 of the Local Public Officials Act may be specially hired on a preferential basis, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 11066, Sep. 30, 2011]
 Article 13 (Promotion)
The promotion of a public educational official shall be made, from among the subordinate personnel engaged in the same kind of duties, based on his/her career records, outcomes of retraining, performance grades, or other capabilities that have been actually proven, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 11066, Sep. 30, 2011]
 Article 14 (List of Eligible Candidates for Promotion)
(1) A person authorized to appoint, or request the appointment of, public educational officials shall prepare and keep a list of candidates eligible for promotion in the order of their qualification rankings as prescribed in Article 13 and Presidential Decree.
(2) The promotion or request for promotion of a public educational official shall be made only up to three times the number of vacant positions in the order of priority in the list of candidates eligible for promotion: Provided, That this shall not apply when promoting, or requesting for the promotion of, a person who has special qualifications prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 11066, Sep. 30, 2011]
 Article 15 (Special Promotion of Excellent Public Educational Officials, etc.)
(1) Notwithstanding the provisions of Articles 13 and 14, any of the following public educational officials who have a superior certificate of qualification or satisfy the qualification requirements may be specially promoted: Provided, That where a public educational official falls under subparagraph 4 or 5, he/she may be specially promoted without possessing a superior certificate of qualification or satisfying the qualification requirements:
1. A person who has respectable personality and ingenuity as an educator and sets an example to other public educational officials in the reform of an educational culture by diligently performing his/her duties with uprightness and consistent public spirit;
2. A person who has outstanding ability to perform his/her duties in teaching, guidance, or research and has made a great contribution;
3. A person whose proposal is adopted and executed under Article 53 of the State Public Officials Act or Article 78 of the Local Public Officials Act, thereby bringing outstanding effects to the development of administrative operation, such as budget retrenchment;
4. When a person who renders distinguished services while in office voluntarily retires under Article 74-2 of the State Public Officials Act or Article 66-2 of the Local Public Officials Act;
5. When a person who renders distinguished services while in office dies in the course of performing official duties.
(2) Required conditions for special promotion under paragraph (1) and other necessary matters shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 11066, Sep. 30, 2011]
 Article 16 (Physical Examination)
When hiring a new public educational official, a physical examination shall be administered, and no person authorized to appoint, or request the appointment of, public educational officials shall appoint or recommend those who fail to satisfy the passing standard of the physical examination. In this regard, matters necessary for the physical examination shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 11066, Sep. 30, 2011]
 Article 17 (Principles of Management of Assigned Positions)
(1) A person authorized to appoint, or request the appointment of, a public educational official shall grant a public educational official under his/her jurisdiction a specific position commensurate with his/her qualifications, except as otherwise expressly prescribed by Acts and subordinate statutes.
(2) A person authorized to appoint, or request the appointment of, a public educational official shall, in assigning a position to a public educational official under his/her jurisdiction, appoint the relevant public educational official to a proper position in view of his/her qualifications, major, reeducation records, work experience, aptitude, etc.
[This Article Wholly Amended by Act No. 11066, Sep. 30, 2011]
 Article 18 (Concurrently Holding Positions)
(1) A public educational official and a public official in general service, a public educational official and a public official in special service, or a public educational official and an executive or employee of a related educational institution or research institution, or any other related administrative agency or association prescribed by Presidential Decree may be appointed to hold each other's position concurrently with his/her own, where their positions and job specifications are similar and when it is recognized that there is no impediment in performing their duties. In such cases, matters necessary for concurrently holding positions shall be prescribed by Presidential Decree.
(2) When a public educational official is to be appointed to concurrently hold positions under paragraph (1), he/she shall satisfy the qualification requirements or obtain the certificate of qualification under Article 9 of this Act or Article 21 (1) and (2) of the Elementary and Secondary Education Act and Article 16 of the Higher Education Act.
[This Article Wholly Amended by Act No. 11066, Sep. 30, 2011]
 Article 19 (Prohibition against Holding Concurrent Offices)
No person employed by the supervisory authority having jurisdiction over schools defined in Article 2 (3) 1 shall simultaneously hold any of the following positions: President or vice-president of a university, dean of a graduate school, dean of a college, dean of an academic affairs office, dean of a student affairs office (or dean of an academic and student affairs office), chief of an academic affairs division, chief of a student affairs division, principal, deputy-principal, or head or supervisor of a kindergarten. <Amended by Act No. 13221, Mar. 27, 2015>
[This Article Wholly Amended by Act No. 11066, Sep. 30, 2011]
 Article 19-2 (Special Cases concerning Prohibition of Profit-Making Activities and Concurrent Offices)
(1) A professor, associate professor, or assistant professor classified under Article 14 (2) of the Higher Education Act may simultaneously serves as an outside director (referring to a director not engaged in regular business of the relevant company under Article 9 (3) of the Financial Investment Services and Capital Markets Act; hereafter the same shall apply in this Article) of a private company engaging in commercial, industrial or financial business, or any other profit-making business after obtaining permission from the head of the school to which he/she belongs, to the extent that does not interfere with the education and guidance of his/her students and academic studies. <Amended by Act No. 8635, Aug. 3, 2007; Act No. 8889, Mar. 14, 2008; Act No. 10866, Jul. 21, 2011; Act No. 15039, Nov. 28, 2017>
(2) A professor, associate professor, or assistant professor who simultaneously serves as an outside director pursuant to paragraph (1) shall report the total amount of remuneration specified in Article 388 of the Commercial Act that he/she has earned from the relevant private company in the service year, to the head of the school to which he/she belongs, by the end of January of the following year. <Newly Inserted by Act No. 15039, Nov. 28, 2017>
(3) Detailed standards, methods, and procedure for granting permission under paragraph (1); methods and procedure for reporting under paragraph (2); and other relevant matters shall be prescribed by Presidential Decree. <Amended by Act No. 15039, Nov. 28, 2017>
[This Article Newly Inserted by Act No. 6741, Dec. 5, 2002]
 Article 20 (Personnel Exchange)
Public educational officials working for junior colleges or secondary schools may mutually change or transfer positions.
[This Article Wholly Amended by Act No. 11066, Sep. 30, 2011]
 Article 21 (Restrictions on Change of Positions, etc.)
(1) No person authorized to appoint, or request the appointment of, a public educational official shall take such personnel measures as the change of a position or workplace within one year after the public educational official under his/her jurisdiction has been appointed to the relevant position, except as set out in any of the following subparagraphs:
1. Where the relevant institution is reorganized, its organizational system is modified or abolished, or its quota is changed;
2. Where the relevant public educational official is promoted to a higher rank or demoted to a lower rank;
3. Where any special ground prescribed by Presidential Decree exists.
(2) Notwithstanding the provisions of paragraph (1), no person authorized to appoint, or request the appointment of, a public educational official shall, during the term of office for the principal of a school or the head of a kindergarten publicly recruited and appointed under Article 29-3, take such personnel measures as the change of the position or workplace of the principal of the school or the head of the kindergarten, unless he/she is difficult to perform his/her duties due to any serious problem prescribed by Presidential Decree, such as the imposition of a disciplinary disposition. <Amended by Act No. 11381, Mar. 21, 2012>
[This Article Wholly Amended by Act No. 11066, Sep. 30, 2011]
 Article 22 (Placement of Teaching Staff in Education and Training Institutions, etc.)
The Minister of Education or the superintendent of education may employ teaching staff in educational research institutions and educational training institutions under Article 2 (3) 3, when deemed especially necessary for education or professional investigation or research on education. <Amended by Act No. 11527, Dec. 11, 2012; Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 11066, Sep. 30, 2011]
 Article 22-2 (Placement of Itinerant Teachers in Educational Administrative Agencies)
(1) Where the superintendent of education deems it especially necessary for the appropriate placement of teachers and the efficient operation of educational courses, to place teachers who take charge of the education of students by making a tour of at least two neighboring schools, he/she may place such teachers in City/Do educational administrative agencies.
(2) Teachers placed in City/Do educational administrative agencies under paragraph (1) shall take charge of education at schools designated by the heads of agencies to which they belong, and receive guidance and supervision from the heads of such schools.
[This Article Wholly Amended by Act No. 11066, Sep. 30, 2011]
 Article 23 (Personnel Records)
(1) The head of an educational institution, educational administrative agency or educational research institution shall prepare, keep, and retain the personnel records of public educational officials under his/her jurisdiction.
(2) Matters necessary for preparing, keeping and retaining personnel records under paragraph (1) shall be prescribed by Ordinance of the Ministry of Education. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 11066, Sep. 30, 2011]
 Article 23-2 (Computerization of Personnel Management)
(1) The Minister of Education may establish and operate a system to manage the personnel records of public educational officials by creating a database for such records and to deal with personnel affairs electronically in order to scientifically manage the personnel affairs of public educational officials. <Amended by Act No. 11690, Mar. 23, 2013>
(2) Matters necessary for the establishment and operation of the system under paragraph (1) shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 11066, Sep. 30, 2011]
 Article 24 (Appointment of Head of University)
(1) The head of a university (referring to a school under subparagraphs of Article 2 of the Higher Education Act, but excluding a public university; hereafter the same shall apply in this Article, Articles 24-2, 24-3, and 25 through 27) shall be appointed by the President, at the request of the Minister of Education on recommendation by the relevant university: Provided, That where the head of a newly established university is appointed or where a person who serves as a dean is appointed as a president of the relevant university or a person who serves as a president is appointed as a dean of the relevant university during his/her term of office due to amendment to the title of the head of the relevant university, such appointment shall be made by the President at the request of the Minister of Education. <Amended by Act No. 11690, Mar. 23, 2013>
(2) In order to make a recommendation on the appointment of the head of a university under the main sentence of paragraph (1), a recommendation committee for appointment of university head (hereinafter referred to as "recommendation committee") shall be established in a university.
(3) A recommendation committee shall select a candidate for the head of the relevant university by any of the following means, as prescribed by the relevant university:
1. Selection at a meeting of the recommendation committee;
2. Selection in accordance with methods and procedures agreed upon by the faculty members of the relevant university.
(4) Matters necessary for the constitution, operation, etc. of a recommendation committee shall be prescribed by Presidential Decree, on condition that females constitute at least a certain ratio of the Committee.
(5) Where a university fails to recommend a candidate for the head of the university within three months after expiration of the term of the head of the university, notwithstanding the provisions of paragraph (1), the head of the relevant university shall be appointed by the President at the request of the Minister of Education. <Amended by Act No. 11690, Mar. 23, 2013>
(6) Where the Minister of Education intends to request the appointment of the head of a university as prescribed in paragraphs (1) and (5), he/she shall consult with the Personnel Committee. <Amended by Act No. 11690, Mar. 23, 2013>
(7) Where a person appointed as the head of a university while serving as a faculty member in the university serves out his/her term of office under subparagraph 1 of Article 28, he/she shall be deemed appointed to the former position, on the next day after the expiration of his/her term of office as the head of the university, notwithstanding the provisions of Article 25.
[This Article Wholly Amended by Act No. 11066, Sep. 30, 2011]
 Article 24-2 (Restrictions on Election Campaigns)
(1) No person shall engage in any of the following conduct for the purpose of causing him/herself or a specific person to be elected or not to be elected to a candidate for the head of a university:
1. Offering, or expressing an intention or promise to offer, money, valuables, entertainment, or any other property benefits or public or private positions to voters (including persons eligible to be recorded in the electoral registry, before preparing the electoral registry) at least 180 days from the election day of a candidate for the head of a university;
2. Engaging in the conduct provided for in subparagraph 1 for persons who intend to become a candidate for the head of a university or a candidate for the purpose of causing him/her not to become a candidate or causing the candidate to withdraw candidacy;
3. Accepting benefits or positions provided for in subparagraph 1 or 2, consenting to an expression of such intent, or demanding or arranging such offer.
(2) No person shall visit, or have a third party visit, voters door to door, or gather, or have a third party gather, voters at a specific place in connection with the election of a candidate for the head of a university.
(3) No person shall defame a candidate in connection with an election of a candidate for the head of a university by publicly announcing false information or revealing detailed information by means of speech, election poster, etc.
(4) Each person shall engage in any of the following conduct for an election of a candidate for the head of a university:
1. Posting propaganda posters;
2. Distributing election campaign bulletins;
3. Distributing leaflets;
4. Holding a joint speech session or a public debate;
5. Appeals for voter support by phones or computer communications.
[This Article Wholly Amended by Act No. 11066, Sep. 30, 2011]
 Article 24-3 (Entrustment of Election Affairs for Recommendation of Candidate for Head of University)
(1) Where recommending a candidate for the head of a university by direct election in accordance with methods and procedures agreed upon by the faculty members of the relevant university as prescribed in Article 24 (3) 2, the relevant university shall entrust the Gu/Si/Gun election commission under the Election Commission Act, which has jurisdiction over its location (hereinafter referred to as "Gu/Si/Gun election commission"), with management of such direct election.
(2) Where a Gu/Si/Gun election commission is entrusted with managing an election for recommending a candidate for the head of a university as prescribed in paragraph (1), if the National Election Commission intends to set forth necessary matters, such as the registration of candidates, election period, election campaigns, election expenses, voting, and ballot counting by the National Election Commission Regulations under Article 79 of the Act on Elections Entrusted by Public Organizations, etc., it shall consult in advance with the Minister of Education. In such cases, the Minister of Education shall consider the opinions of each university. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12755, Jun. 11, 2014>
(3) Where a Gu/Si/Gun election commission is entrusted with managing an election for recommending a candidate for the head of a university as prescribed in paragraph (1), Article 73 of the Act on Elections Entrusted by Public Organizations, etc. shall apply to the investigation, etc. of any violation of this Act. <Amended by Act No. 12755, Jun. 11, 2014>
(4) Expenses incurred in administering an election of a candidate for the head of a university may be reimbursed by the relevant university.
[This Article Wholly Amended by Act No. 11066, Sep. 30, 2011]
 Article 25 (Appointment of Professors, etc.)
(1) Professors or associate professors shall be appointed by the President on recommendation by the head of the relevant university via the Minister of Education, whereas assistant professors shall be appointed by the Minister of Education on recommendation by the head of the relevant university. <Amended by Act No. 11690, Mar. 23, 2013>
(2) When the head of a university intends to recommend appointment of a public educational official under paragraph (1), he/she shall obtain approval from the relevant university personnel committee: Provided, That in the case of a newly established university which cannot constitute a university personnel committee, the head of such university shall obtain approval from the Personnel Committee until the relevant university personnel committee is constituted.
(3) A public educational official under paragraph (1) shall be transferred to another position by the Minister of Education on recommendation by the head of the relevant university subject to approval from the relevant university personnel committee. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 11066, Sep. 30, 2011]
 Article 26 (Appointment of Teaching Assistants)
(1) Teaching assistants shall be appointed by the head of the relevant university. <Amended by Act No.10866, Jul. 21, 2011>
(2) Deleted. <by Act No. 11066, Sep. 30, 2011>
[This Article Wholly Amended by Act No. 11066, Sep. 30, 2011]
 Article 27 (Assignment as Vice-President, Dean of Graduate School, and Dean of College)
(1) A vice-president shall be appointed from among professors, and the dean of a graduate school or college shall be appointed from among professors or associate professors, by the Minister of Education on recommendation by the head of the relevant university. <Amended by Act No. 11690, Mar. 23, 2013>
(2) Where the head of a university intends to recommend the assignment of positions of public educational officials under paragraph (1), he/she shall obtain approval from the relevant university personnel committee.
[This Article Wholly Amended by Act No. 11066, Sep. 30, 2011]
 Article 28 (Term of Office for President of University, etc.)
The term of office for the president or vice-president of a university or dean of a graduate school or college shall be as follows: Provided, That the term of office for a person appointed under the proviso to Article 24 (1) or the proviso to Article 55 (1) shall be confined to the remaining term of office for the head of the relevant university, notwithstanding the provisions of subparagraph 1:
1. The president of a university: Four years;
2. The vice-president of a university, dean of a graduate school, or dean of a college: Two years.
[This Article Wholly Amended by Act No. 11066, Sep. 30, 2011]
 Article 29 (Appointment of Supervisory Officials, etc.)
(1) Supervisory officials or educational research officials to work for the Ministry of Education and its affiliated agencies shall be appointed by the President on recommendation by the Minister of Education. <Amended by Act No. 11690, Mar. 23, 2013>
(2) An educational expert official appointed by the President under paragraphs (1) and (2) may be transferred to another position by the Minister of Education. <Amended by Act No. 11527, Dec. 11, 2012; Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 11066, Sep. 30, 2011]
 Article 29-2 (Appointment of Principals, etc.)
(1) The principal of a school or the head of a kindergarten shall be appointed by the President on recommendation by the Minister of Education. <Amended by Act No. 11381, Mar. 21, 2012; Act No. 11690, Mar. 23, 2013>
(2) The term of office of the principal of a school or the head of a kindergarten shall be four years. <Amended by Act No. 11381, Mar. 21, 2012>
(3) The principal of a school or the head of a kindergarten may be reappointed only once: Provided, That the principal of a school or the head of a kindergarten appointed under Article 29-3 may be reappointed without limitation on the number of terms he/she may serve. <Amended by Act No. 11381, Mar. 21, 2012>
(4) A person authorized to appoint, or request the appointment of, public educational officials may reappoint, or request the reappointment of, a person as the principal of a school or the head of a kindergarten under paragraph (3), unless he/she is disqualified, even if he/she will reach his/her full retirement age prescribed in Article 47 in less than four years after finishing his/her first term of office as the principal of a school or the head of a kindergarten. <Newly Inserted by Act No. 13221, Mar. 27, 2015>
(5) When the term of office for the principal of a school or the head of a kindergarten expires during a school term, the expiration date shall be August 31 if the date on which his/her term of office expires, falls between March and August; and the end of February of the next year if it falls between September and next February. <Amended by Act No. 11381, Mar. 21, 2012>
(6) Where the principal of a school or the head of a kindergarten whose term of office expires before his/her retirement age prescribed in Article 47 desires to serve as a teacher (limited to those with a teacher's certificate), he/she may be appointed as a teacher in consideration of his/her ability to give classes, health, etc. <Amended by Act No. 11381, Mar. 21, 2012>
(7) Each teacher appointed under paragraph (6) shall be preferentially treated as a senior teacher prescribed by Presidential Decree. <Amended by Act No. 13221, Mar. 27, 2015>
(8) The principal of a school or the head of a kindergarten, other than those who have been publicly recruited pursuant to Article 29-3, may be transferred to another position by the Minister of Education during his/her term of office. <Amended by Act No. 11381, Mar. 21, 2012; Act No. 11690, Mar. 23, 2013>
(9) Detailed matters necessary for the reappointment of the principal of a school or the head of a kindergarten under paragraph (4) and the appointment of a teacher under paragraph (6) shall be determined by the Minister of Education. <Newly Inserted by Act No. 13221, Mar. 27, 2015>
[This Article Wholly Amended by Act No. 11066, Sep. 30, 2011]
 Article 29-3 (Appointment, etc. of Principals through Public Recruitment Process)
(1) The head of a high school or a school at lower level may request a person authorized to request the appointment to appoint a person selected through public recruitment process from among the following persons as the principal of the school or the head of the kindergarten, following deliberation by a school operation committee or kindergarten operation committee: <Amended by Act No. 11381, Mar. 21, 2012; Act No. 11527, Dec. 11, 2012; Act No. 13221, Mar. 27, 2015>
1. In cases of the principal of a school: A person who has obtained the certificate of eligibility for the principal of a school under Article 21 (1) of the Elementary and Secondary Education Act;
2. In cases of the head of a kindergarten: A person who has obtained the certificate of eligibility for the head of a kindergarten under Article 22 (1) of the Early Childhood Education Act.
(2) Notwithstanding paragraph (1), the head of a school under Article 61 of the Elementary and Secondary Education Act may request a person authorized to request the appointment to appoint a principal, through public recruitment process, from among persons who have at least three years’ work experience in educational agencies, the State agencies, etc. related to the curricular of the relevant school, or public educational officials or teachers of private schools who have at least 15 years’ work experience as full-time school teachers at schools referred to in Article 2 of the Elementary and Secondary Education Act (including work experience as educational expert officials prescribed in Article 2 (1) 2 or 3), following deliberation by a school operation committee. In such cases, matters necessary for the criteria for qualifications of principals to be selected through public recruitment process by type of schools and the scope of application, etc. shall be prescribed by Presidential Decree. <Amended by Act No. 13221, Mar. 27, 2015>
(3) Notwithstanding paragraphs (1) and (2), the head of a high school or a school at lower level designated by a person authorized to request the appointment for the necessity of the improvement, etc. of educational systems shall request such person to appoint a person selected through public recruitment process as the principal of the school or the head of the kindergarten. <Amended by Act No. 11381, Mar. 21, 2012; Act No. 13221, Mar. 27, 2015>
(4) Upon receipt of a request under paragraphs (1) through (3), a person authorized to request the appointment shall request the appointment authority to appoint a person whose appointment as the principal of the relevant school or the head of the relevant kindergarten has been requested: Provided, That the same shall not apply where any Acts and subordinate statutes related to the appointment of the principal of a school or the head of a kindergarten are violated, or any extenuating circumstance exists. <Amended by Act No. 11381, Mar. 21, 2012; Act No. 13221, Mar. 27, 2015>
(5) The term of office for the principal of a school or the head of a kindergarten appointed through public recruitment process under paragraphs (1) through (3) (hereinafter referred to as "publicly-recruited principal of a school or head of a kindergarten") shall be four years, but the number of terms of office he/she may serve shall not be limited. <Amended by Act No. 11381, Mar. 21, 2012>
(6) Upon expiration of the term of office for the publicly-recruited principal of a school or head of a kindergarten, a person who was a public educational official as at the time he/she was appointed as the publicly-recruited principal of the school or head of the kindergarten shall return to a position he/she had held immediately before he/she was appointed as the publicly-recruited principal of the school or head of the kindergarten: Provided, That no person whose position immediately before the appointment was the principal of a school or head of a kindergarten and has been reappointed to the same position shall return to the position of the principal of a school or head of a kindergarten. <Amended by Act No. 11381, Mar. 21, 2012>
(7) A person authorized to request the appointment may evaluate the performance of the duties, achievements, etc. of the publicly-recruited principals of schools and heads of kindergartens and use the outcomes thereof as materials for personnel matters, such as training. <Amended by Act No. 11381, Mar. 21, 2012>
(8) Except as otherwise expressly provided for in paragraphs (1) through (7), matters necessary for the method of public recruitment, appointment, evaluation, etc. of publicly-recruited principals of schools and heads of kindergartens shall be prescribed by Presidential Decree. <Amended by Act No. 11381, Mar. 21, 2012>
[This Article Newly Inserted by Act No. 11066, Sep. 30, 2011]
 Article 29-4 (Appointment, etc. of Master Teachers)
(1) Master teachers shall be appointed by the Minister of Education. <Amended by Act No. 11690, Mar. 23, 2013>
(2) A master teacher shall undergo re-evaluations reflecting his/her achievements and records of training, etc. every four years from the time he/she is first appointed as a master teacher, and in the event that he/she fails to meet evaluation criteria, his/her duties, allowances, etc. may be restricted, as prescribed by Presidential Decree.
(3) A master teacher may be given preferential treatment, such as the mitigation of class burden, payment of allowances, etc., as prescribed by Presidential Decree.
(4) A master teacher shall be prohibited from obtaining qualification as the principal or deputy-principal of a school or the head or supervisor of a kindergarten during his/her term of office.
(5) Management, etc. of a master teacher system and other necessary matters shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 10905, Jul. 25, 2011]
 Article 30 (Appointment of Deputy Principals, Teachers, School Inspectors, etc.)
Any of the following public educational officials shall be appointed by the Minister of Education: <Amended by Act No. 11527, Dec. 11, 2012; Act No. 11690, Mar. 23, 2013>
1. Teaching staff, other than those prescribed by Articles 24, 25, 26, 29-2, 29-3, and 55;
2. School inspectors and educational researchers to work for the Ministry of Education and its affiliated agencies.
[This Article Wholly Amended by Act No. 11066, Sep. 30, 2011]
 Article 31 (Visiting Teaching Staff)
(1) A university may appoint a person working for a State agency, research institution, public organization, company, etc., a person residing in a foreign country, or a foreigner having such qualification as prescribed in Article 16 of the Higher Education Act, as a visiting professor: Provided, That Article 16 of the Higher Education Act may be waived where a university appoints a visiting professor to teach a special subject.
(2) Where the head of a high school or a school at lower level intends to invite persons required for the relevant schools from among persons with a teacher's certificate as teachers, they may request the appointment authority to appoint them as visiting teachers.
(3) An appointment authority in receipt of a request to appoint a visiting teacher under paragraph (2), may appoint a visiting teacher of the relevant school, from among persons whose appointment has been requested.
(4) Matters necessary for the appointment, remuneration, and duties of visiting teaching staff shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 11066, Sep. 30, 2011]
 Article 32 (Short-Term Teaching Staff)
(1) Any person authorized to appoint teaching staff for high schools and schools at lower levels may appoint teachers for a prescribed period of time, from among those with a teacher's certificate within the budgetary limits, in any of the following cases: <Amended by Act No. 11382, Mar. 21, 2012>
1. Where a teacher is temporarily suspended from office on any of grounds set forth in the subparagraphs of Article 44 (1) and it is inevitable to fill the vacancy;
2. Where a teacher is discharged from office on any of grounds prescribed by Presidential Decree, such as dispatch, training, suspension from office, or cancellation of an official position, etc. and it is inevitable to fill the vacancy;
3. Where it is necessary for a teacher to teach a special subject for a limited period;
4. Where it is necessary to utilize the knowledge or experience of a person who was a public educational official;
5. Where it is necessary for a teacher to take charge of a curriculum for children after regular classes at a kindergarten.
(2) No teacher appointed under paragraph (1) (hereinafter referred to as "short-term teacher") shall have any priority for being appointed as a regular teacher, nor be appointed to any supervisory position with significant responsibility, except persons appointed pursuant to subparagraph 4 of the same paragraph.
(3) Articles 43 through 47 and 49 through 51 of this Act and Articles 16, 70, 73, 73-2 through 73-4, 75, 76, 78, 78-2, 79, 80, 82, 83, and 83-2 of the State Public Officials Act shall not apply to short-term teachers, and short-term teachers shall retire ex officio from office when their employment period expires.
(4) Articles 10-3 (1) and 10-4 shall apply mutatis mutandis to the appointment of short-term teaching staff. <Amended by Act No. 11213, Jan. 26, 2012>
[This Article Wholly Amended by Act No. 11066, Sep. 30, 2011]
 Article 32-2 (Payment of Scholarships and Obligatory Service)
(1) In order to ensure the stable supply of teachers, the superintendent of education may recommend persons satisfying standards set forth in City/Do Municipal Ordinance to the head of a teachers' college as persons eligible for entrance into or enrollment in the teachers' college.
(2) The superintendent of education may award scholarships to those who have entered into or enrolled in a teachers' college upon recommendation under paragraph (1).
(3) Where a person who has been awarded a scholarship under paragraph (2) passes an open screening process for selecting teachers executed in the competent district at least four years after graduating from the teachers' college, the superintendent of education may impose an obligation to serve in the areas as determined by the superintendent of education for a period prescribed by City/Do Municipal Ordinance which does not exceed two times the period for which he/she has received such scholarship.
(4) Where any person who is on scholarship or has been awarded a scholarship under paragraph (2) falls under any of the following subparagraphs, the relevant superintendent of education may order such person or his/her joint guarantor to fully or partially repay the scholarship as prescribed by City/Do Municipal Ordinance, and may collect such scholarship in the same manner as delinquent local taxes are collected where he/she fails to comply with such order: Provided, That the same shall not apply if any inevitable grounds exist as prescribed in City/Do Municipal Ordinance, such as retirement from office during the period of providing an obligatory service due to a disease related to the performance of official duties:
1. Where he/she is expelled from or drops out of a school, or transfers to another school;
2. Where he/she falls under any of grounds for disqualification as a public official;
3. Where he/she refuses to take the scholarship while in school;
4. Where he/she fails to apply for an open screening process during the period under paragraph (3), or fails to provide the obligatory service.
[This Article Wholly Amended by Act No. 11066, Sep. 30, 2011]
 Article 33 (Delegation, etc. of Authority for Appointment)
(1) The President may delegate part of his/her authority for appointment to the Minister of Education, and the Minister of Education may delegate part of his/her authority for appointment to the head of an educational institution, educational administrative agency, or educational research institution, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013>
(2) Matters concerning the appointment of teaching staff of schools, the authority for the establishment and operation of which is commissioned to the head of a related central administrative agency under Article 62 (2) of the Elementary and Secondary Education Act and Article 59 (3) of the Higher Education Act, may be separately prescribed in accordance with standards for appointment under paragraph (1), as prescribed by Presidential Decree. <Amended by Act No. 11213, Jan. 26, 2012>
[This Article Wholly Amended by Act No. 11066, Sep. 30, 2011]
CHAPTER V REMUNERATION
 Article 34 (Principle of Determination of Remuneration)
(1) Public educational officials shall receive favorable remuneration.
(2) Remuneration of public educational officials shall be determined by Presidential Decree, commensurately with their qualification, experience, and the degree of difficulty of their duties and responsibilities.
[This Article Wholly Amended by Act No. 11066, Sep. 30, 2011]
 Article 35 (Stipulations on Remuneration)
Except as otherwise provided for in Article 47 of the State Public Officials Act and Article 45 of the Local Public Officials Act, the following matters shall be stipulated in the Presidential Decree under Article 34 (2):
1. Matters concerning special allowances payable to the teaching staff working for schools or teaching subjects prescribed by Presidential Decree;
2. Matters concerning the remuneration of short-term teachers;
3. Matters concerning research allowances;
4. Matters concerning teaching allowances.
[This Article Wholly Amended by Act No. 11066, Sep. 30, 2011]
 Article 36 (Voluntary Retirement)
(1) Where a public educational official employed at least 20 years voluntarily retires from office before the retirement age, voluntary retirement allowances may be granted to him/her within budgetary limits.
(2) Where the principal of a school or the head of a kindergarten, among public educational officials under paragraph (1), voluntarily retires from office before the end of his/her term of office, the retirement age shall be the same as that under Article 47. <Amended by Act No. 11381, Mar. 21, 2012>
(3) The scope and amount of and procedures for the payment of voluntary retirement allowances under paragraph (1) and other necessary matters shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 11066, Sep. 30, 2011]
CHAPTER VI TRAINING
 Article 37 (Equal Training Opportunities)
Each public educational official shall be accorded equal opportunities to receive reeducation or training at training institutions.
[This Article Wholly Amended by Act No. 11066, Sep. 30, 2011]
 Article 38 (Training and Expenses Needed for Teaching Materials)
(1) Public educational officials shall continuously make their efforts to research and improve themselves to perform their duties.
(2) The State or local governments shall formulate plans for the training of public educational officials and necessary facilities, and the encouragement to provide training to public educational officials, and endeavor to execute such plans, and may pay expenses incurred in relation to teaching materials needed therefor as prescribed by Presidential Decree.
(3) The State may fully or partially subsidize, within budgetary limits, expenses incurred by local governments that pay for teaching materials as prescribed in paragraph (2).
[This Article Wholly Amended by Act No. 11066, Sep. 30, 2011]
 Article 39 (Establishment of Training Institutions)
(1) There shall be established training institutions in order to re-educate and train public educational officials.
(2) Matters necessary for the establishment and operation of training institutions under paragraph (1) shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 11066, Sep. 30, 2011]
 Article 40 (Special Training)
(1) The State or local governments may formulate plans for special training for public educational officials and have them undergo training at educational institutions or research institutions in Korea or abroad for a certain period.
(2) The State or local governments may pay expenses incurred in providing special training under paragraph (1) within budgetary limits.
(3) The Minister of Education shall instruct or supervise public educational officials undergoing special training under paragraph (1) to achieve the objectives of such training, and matters necessary for such instruction or supervision shall be prescribed by Presidential Decree. <Amended by Act No. Mar. 23, 2013>
(4) The duty to provide the obligatory service may be imposed on public educational officials who have completed special training under paragraph (1), for a period of up to six years, as prescribed by Presidential Decree.
(5) Where a public educational official undergoing special training or has completed special training under paragraph (1) falls under any of the following cases, the Minister of Education may order such official or his/her joint guarantor to fully or partially repay expenses incurred in relation to the special training, and if he/she fails to repay them, the Minister of Education may collect such in the same manner as delinquent national or local taxes are collected according to the funds for the expenses incurred in relation to the special training. In such cases, matters necessary for the repayment shall be prescribed by Presidential Decree: <Amended by Act No. Mar. 23, 2013>
1. Where he/she fails to comply with the instructions for direction and supervision under paragraph (3);
2. Where he/she fails to provide the obligatory service under paragraph (4).
[This Article Wholly Amended by Act No. 11066, Sep. 30, 2011]
 Article 41 (Training in other Places than Training Institutions and Offices)
Public educational officials may undergo training in other facilities or places than in training institutions or offices with approval from the heads of administrative agencies to which they belong, to the extent such training does not interfere with the classes.
[This Article Wholly Amended by Act No. 11066, Sep. 30, 2011]
 Article 42 (Evaluation of Outcomes of Training and Performance)
(1) The head of an educational institution, educational administrative agency, or educational research institution shall regularly or occasionally evaluate the actual outcomes of reeducation and training and the performance of the public educational officials under his/her jurisdiction, and shall reflect the outcomes in personnel management.
(2) Matters necessary for evaluating the actual outcomes of reeducation and training, and performance under paragraph (1) shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 11066, Sep. 30, 2011]
CHAPTER VII GUARANTEE OF STATUS, DISCIPLINARY ACTION, AND APPEALS
 Article 43 (Respect of Educational Authority and Guarantee of Status)
(1) Educational authority shall be respected, and teachers shall be free from unjust interference that might influence their special positions and status.
(2) No public educational official shall be demoted, temporarily suspended from office, or discharged against his/her will, except where he/she is given a sentence or disciplinary action or without justifiable grounds prescribed by this Act.
(3) No public education official shall be urged to resign.
[This Article Wholly Amended by Act No. 11066, Sep. 30, 2011]
 Article 43-2 (Mandatory Retirement)
If a public educational official falls under any ground for disqualification prescribed in Article 10-4, he/she shall retire from office ipso facto: Provided, That subparagraph 5 of Article 33 of the State Public Officials Act shall apply only to a person on whom a court has declared the suspension of the sentence of a punishment for committing a crime provided for in Articles 129 through 132 of the Criminal Act or Article 355 or 356 of the same Act in connection with his/her duties.
[This Article Newly Inserted by Act No. 11213, Jan. 26, 2012]
 Article 44 (Temporary Suspension from Office)
(1) If a public educational official intends to be temporarily suspended from office due to any of the following causes, the appointment authority may order him/her to be temporarily suspended from office: Provided, That in cases falling under subparagraphs 1 through 4 and 11, the appointment authority shall order the public educational official to be temporarily suspended from office regardless of his/her will, and in cases falling under subparagraphs 7 and 7-2, the appointment authority shall order the public educational official to be temporarily suspended from office if he/she wants to do so: <Amended by Act No. 11213, Jan. 26, 2012; Act No. 11690, Mar. 23, 2013; Act No. 13819, Jan. 27, 2016>
1. Where he/she needs long-term care on account of a physical or mental disorder (including where he/she needs long-term medical treatment on account of infertility or difficult fertility);
2. Where he/she is conscripted or mustered to serve in the military under the Military Service Act;
3. Where his/her life or death or whereabouts becomes unknown on account of a natural disaster, war, national emergency, or due to another cause;
4. Where he/she is relieved of office to perform duties referred to in other Acts;
5. Where he/she studies abroad to obtain a degree, or participates in research or receives training abroad for at least one year;
6. Where he/she is temporarily employed in an international organization, foreign organization, or a domestic or foreign university or research institution, or any other State agency, overseas educational institution (referring to overseas educational institutions defined in subparagraph 2 of Article 2 of the Act on the Educational Support, etc. for Korean Nationals Residing Abroad) or private organization prescribed by Presidential Decree;
7. Where it is necessary for him/her to care for a child aged eight or under or in second grade or lower, or where a female public education official becomes pregnant or gives birth;
7-2. Where he/she adopts a child under 19 years of age (excluding a child for whom parental leave can be taken pursuant to subparagraph 7);
8. Where he/she undergoes training in a domestic research institution or educational institution designated by the Minister of Education or the superintendent of education;
9. Where he/she needs to take care of his/her parent, spouse, child, or his/her spouse's parent who needs a long period of recuperation on account of an accident, disease, etc.;
10. Where his/her spouse works abroad or falls under subparagraph 5;
11. Where he/she works full-time for a teachers' union under Article 5 of the Act on the Establishment and Operation of Teachers' Unions;
12. Where a teacher whose period of service under Article 23 of the Public Officials Pension Act is at least ten years conducts learning, research, etc. for self-development.
(2) Deleted. <by Act No. 12121, Dec. 30, 2013>
(3) Where a public educational official who holds office in a university intends to be temporarily suspended from office due to appointment as a public official, other than a public educational official, the appointment authority may order him/her to be temporarily suspended from office. In such cases, the temporary suspension period of such public official shall be included in his/her period of service.
(4) No appointment authority shall provide unfavorable treatment to any public educational official on the ground of his/her temporary suspension from office under paragraph (1) 7 or 7-2, and the temporary suspension period under the same subparagraph shall be included in his/her period of service. <Amended by Act No. 1213, Jan. 26, 2012>
(5) Matters necessary for the management of the temporary suspension system under paragraph (1) shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 11066, Sep. 30, 2011]
 Article 44 (Temporary Suspension from Office)
(1) If a public educational official intends to be temporarily suspended from office due to any of the following causes, the appointment authority may order him/her to be temporarily suspended from office: Provided, That in cases falling under subparagraphs 1 through 4 and 11, the appointment authority shall order the public educational official to be temporarily suspended from office regardless of his/her will, and in cases falling under subparagraphs 7 and 7-2, the appointment authority shall order the public educational official to be temporarily suspended from office if he/she wants to do so: <Amended by Act No. 11213, Jan. 26, 2012; Act No. 11690, Mar. 23, 2013; Act No. 13819, Jan. 27, 2016>
1. Where he/she needs long-term care on account of a physical or mental disorder (including where he/she needs long-term medical treatment on account of infertility or difficult fertility);
2. Where he/she is conscripted or mustered to serve in the military under the Military Service Act;
3. Where his/her life or death or whereabouts becomes unknown on account of a natural disaster, war, national emergency, or due to another cause;
4. Where he/she is relieved of office to perform duties referred to in other Acts;
5. Where he/she studies abroad to obtain a degree, or participates in research or receives training abroad for at least one year;
6. Where he/she is temporarily employed in an international organization, foreign organization, or a domestic or foreign university or research institution, or any other State agency, overseas educational institution (referring to overseas educational institutions defined in subparagraph 2 of Article 2 of the Act on the Educational Support, etc. for Korean Nationals Residing Abroad) or private organization prescribed by Presidential Decree;
7. Where it is necessary for him/her to care for a child aged eight or under or in second grade or lower, or where a female public education official becomes pregnant or gives birth;
7-2. Where he/she adopts a child under 19 years of age (excluding a child for whom parental leave can be taken pursuant to subparagraph 7);
8. Where he/she undergoes training in a domestic research institution or educational institution designated by the Minister of Education or the superintendent of education;
9. Where he/she needs to take care of his/her parent, spouse, child, or his/her spouse's parent who needs a long period of recuperation on account of an accident, disease, etc.;
10. Where his/her spouse works abroad or falls under subparagraph 5;
11. Where he/she works full-time for a teachers' union under Article 5 of the Act on the Establishment and Operation of Teachers' Unions;
12. Where a teacher whose period of service under Article 23 of the Public Officials Pension Act is at least ten years conducts learning, research, etc. for self-development.
(2) Deleted. <by Act No. 12121, Dec. 30, 2013>
(3) Where a public educational official who holds office in a university intends to be temporarily suspended from office due to appointment as a public official, other than a public educational official, the appointment authority may order him/her to be temporarily suspended from office. In such cases, the temporary suspension period of such public official shall be included in his/her period of service.
(4) No appointment authority shall provide unfavorable treatment to any public educational official on the ground of his/her temporary suspension from office under paragraph (1) 7 or 7-2, and the temporary suspension period under the same subparagraph shall be included in his/her period of service. <Amended by Act No. 1213, Jan. 26, 2012>
(5) Matters necessary for the management of the temporary suspension system under paragraph (1) shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 11066, Sep. 30, 2011]
 Article 45 (Period of Temporary Suspension from Office and Relevant Matters)
(1) The period of temporary suspension from office shall be as follows: <Amended by Act No. 12332, Jan. 24, 2014; Act No. 13819, Jan. 27, 2016>
1. The period of temporary suspension from office due to the ground set forth in Article 44 (1) 1 shall not exceed one year, but may be extended for up to one year under inevitable circumstances: Provided, That the period of temporary suspension from office due to any disease or injury related to the performance of official duties under the Public Officials Pension Act shall not exceed three years;
2. The period of temporary suspension from office due to the ground set forth in Article 44 (1) 2 and 4 shall be terminated at the expiration of one's relevant period of service;
3. The period of temporary suspension from office due to the ground set forth in Article 44 (1) 3 shall not exceed three months;
4. The period of temporary suspension from office due to the ground set forth in Article 44 (1) 5 shall not exceed three years: Provided, That when a public educational official intends to obtain a degree, the period may be extended for up to three years;
5. The period of temporary suspension from office due to the ground set forth in Article 44 (1) 6 shall be included in the period of service;
6. The period of temporary suspension from office due to the ground set forth in Article 44 (1) 7 shall not exceed three years for each child, and may be divided;
6-2. The period of temporary suspension from office due to the ground set forth in Article 44 (1) 7-2 shall not exceed six months for each adopted child;
7. The period of temporary suspension from office due to the ground set forth in Article 44 (1) 8 shall not exceed three years;
8. The period of temporary suspension from office due to the ground set forth in Article 44 (1) 9 shall not exceed one year, which shall not exceed three years in total during one's period of service;
9. The period of temporary suspension from office due to the ground forth in Article 44 (1) 10 shall not exceed three years, which may be extended for up to three years: Provided, That the total period of temporary suspension from office shall not exceed the period of the overseas service, study, research, or training of one's spouse;
10. The period of temporary suspension from office due to the ground set forth in Article 44 (1) 11 shall be the period of service as a full-time union member;
11. The period of temporary suspension from office due to the ground under Article 44 (1) 12 shall not exceed one year and be limited to once during one’s period of service.
(2) Where a faculty member holds office in a university, the period of temporary suspension from his/her office under paragraph (1) need not exceed the remainder of his/her appointment period: Provided, That this shall not apply to any temporary suspension from office due to a ground referred to in Article 44 (1) 2, 4 through 7, 7-2, 8 through 10, or 44 (2) and (3).
(3) Where a teacher temporarily suspended from office for at least two years under paragraph (1) 6 or 9 intends to be reinstated, he/she shall undergo training, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 11066, Sep. 30, 2011]
 Article 45 (Period of Temporary Suspension from Office and Relevant Matters)
(1) The period of temporary suspension from office shall be as follows: <Amended by Act No. 12332, Jan. 24, 2014; Act No. 13819, Jan. 27, 2016>
1. The period of temporary suspension from office due to the ground set forth in Article 44 (1) 1 shall not exceed one year, but may be extended for up to one year under inevitable circumstances: Provided, That the period of temporary suspension from office due to any disease or injury related to the performance of official duties under the Public Officials Pension Act shall not exceed three years;
2. The period of temporary suspension from office due to the ground set forth in Article 44 (1) 2 and 4 shall be terminated at the expiration of one's relevant period of service;
3. The period of temporary suspension from office due to the ground set forth in Article 44 (1) 3 shall not exceed three months;
4. The period of temporary suspension from office due to the ground set forth in Article 44 (1) 5 shall not exceed three years: Provided, That when a public educational official intends to obtain a degree, the period may be extended for up to three years;
5. The period of temporary suspension from office due to the ground set forth in Article 44 (1) 6 shall be included in the period of service;
6. The period of temporary suspension from office due to the ground set forth in Article 44 (1) 7 shall not exceed three years for each child, and may be divided;
6-2. The period of temporary suspension from office due to the ground set forth in Article 44 (1) 7-2 shall not exceed six months for each adopted child;
7. The period of temporary suspension from office due to the ground set forth in Article 44 (1) 8 shall not exceed three years;
8. The period of temporary suspension from office due to the ground set forth in Article 44 (1) 9 shall not exceed one year, which shall not exceed three years in total during one's period of service;
9. The period of temporary suspension from office due to the ground forth in Article 44 (1) 10 shall not exceed three years, which may be extended for up to three years: Provided, That the total period of temporary suspension from office shall not exceed the period of the overseas service, study, research, or training of one's spouse;
10. The period of temporary suspension from office due to the ground set forth in Article 44 (1) 11 shall be the period of service as a full-time union member;
11. The period of temporary suspension from office due to the ground under Article 44 (1) 12 shall not exceed one year and be limited to once during one’s period of service.
<<Enforcement Date: Sep. 21, 2018>>
(2) Where a faculty member holds office in a university, the period of temporary suspension from his/her office under paragraph (1) need not exceed the remainder of his/her appointment period: Provided, That this shall not apply to any temporary suspension from office due to a ground referred to in Article 44 (1) 2, 4 through 7, 7-2, 8 through 10, or 44 (2) and (3).
(3) Where a teacher temporarily suspended from office for at least two years under paragraph (1) 6 or 9 intends to be reinstated, he/she shall undergo training, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 11066, Sep. 30, 2011]
 Article 46 (Restrictions on Priority Promotion of Demoted Persons)
In applying Article 73-4 (2) of the State Public Officials Act or Article 65-4 (2) of the Local Public Officials Act to public educational officials, a person transferred, under his/her own consent to demotion, to another administrative agency in which a person authorized to appoint him/her or to request his/her appointment is different from that in the former administrative agency may not be promoted preferentially.
[This Article Wholly Amended by Act No. 11066, Sep. 30, 2011]
 Article 47 (Retirement Age)
(1) The retirement age of public educational officials shall be 62: Provided, That the retirement age of public educational officials who are a teacher under Article 14 of the Higher Education Act shall be 65.
(2) A public educational official (including a public educational official with a designated term of office) shall retire ex officio from office on August 31 where the date on which he/she reaches the retirement age falls between March and August, and on the end of February of the next year where it falls between September and February of the next year.
[This Article Wholly Amended by Act No. 11066, Sep. 30, 2011]
 Article 48 (Teachers’ Privileges from Arrest)
No teacher shall be arrested on campus without approval from the head of a school to which he/she belongs, except where he/she is a flagrant offender.
[This Article Wholly Amended by Act No. 11066, Sep. 30, 2011]
 Article 49 (Grievance Settlement)
(1) A public educational official (excluding public educational officials who hold office in a public university; hereafter the same shall apply in this Article) may request consultations on or investigation of grievance with regard to various working conditions, such as personnel affairs, organizations, or treatment, or other personnel affairs, and shall not be disadvantageously punished or treated on account of such request.
(2) A person authorized to appoint, or request the appointment of, the relevant public educational official (including a person authorized to recommend such public educational official; hereinafter the same shall apply) who receives a request under paragraph (1) shall present it to the grievance investigation committee under paragraph (3) for discussion and investigation or have public educational officials under his/her jurisdiction provide counsel, and shall endeavor to settle the grievance or deal fairly with the issue, according to its results.
(3) In order to investigate the grievances of public educational officials, a central grievance investigation committee for public educational officials shall be organized under the control of the Ministry of Education, and a general grievance investigation committee for public educational officials shall be organized for each person authorized to appoint, or request the appointment of, public educational officials, and the functions of the central grievance investigation committee for public educational officials shall be managed by the education petition review committee under the Special Act for the Improvement of Teachers' Status and the Protection of Their Educational Activities. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13936, Feb. 3, 2016>
(4) The central grievance investigation committee for public educational officials shall investigate the following matters: <Amended by Act No. 11381, Mar. 21, 2012; Act No. 11527, Dec. 11, 2012>
1. Requests for reinvestigation which have undergone a review process by the general grievance investigation committee for public educational officials;
2. Grievances of the faculty members of a university who have positions at least equal to an associate professor, and grievances of the supervisory officials, educational research officials, principals of schools or the heads of kindergarten appointed by the President under Articles 29 (1) and 29-2 (1);
3. Grievances of persons who work for educational administrative agencies with positions at least equal to a director, the heads of educational training institutions, the heads of educational research institutions, and the head of teacher training institutions from among the supervisory officials and educational research officials appointed by the superintendent of education under Article 58.
(5) The general grievance investigation committee for public educational officials shall investigate the following matters: <Amended by Act No. 11527, Dec. 11, 2012; Act No. 11690, Mar. 23, 2013>
1. Grievances of the faculty members of a university with positions no higher than an assistant professor;
2. Grievances of the public educational officials appointed by the Minister of Education under Article 30;
3. Grievances of the educational expert officials appointed by the superintendent of education under Article 58 (excluding persons falling under paragraph (4) 3).
(6) Notwithstanding the provisions of paragraph (5), where any grievance raised by a public educational official which is prescribed in paragraph (5) relates to at least two administrative agencies, the appointment authority of which differs from each other, the central grievance investigation committee for public educational officials may investigate such grievance, and where it is recognized as unsuitable for the general grievance investigation committee for public educational officials in the administrative agency to which such educational official belongs to investigate such grievance, the general grievance investigation committee for public educational officials in the immediately superior administrative agency may investigate such grievance.
(7) Where a person authorized to appoint, or request the appointment of, a public educational official deems it necessary after investigating a grievance, he/she may request the head of the proceeding administration or the related administrative agency to redress such grievance, and the head of the proceeding administration or the related administrative agency in receipt of such request shall comply therewith and notify the outcomes of the proceeding to the relevant public educational official, except in extenuating circumstances: Provided, That where he/she cannot do so due to any unavoidable circumstances, he/she shall notify such ground.
(8) The constitution, authority, and investigation procedure of the grievance investigation committee for public educational officials and other necessary matters shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 11066, Sep. 30, 2011]
 Article 50 (Constitution of Disciplinary Committee)
(1) A public educational officials disciplinary committee (hereinafter referred to as the "disciplinary committee") shall be established in an educational institution, educational administrative agency, local government, and educational research institution as prescribed by Presidential Decree to determine disciplinary action against public educational officials and matters concerning hiring teachers pursuant to the proviso to the main sentence of Article 10 (3) 1.
(2) The kind, constitution, authority, or investigation procedure of the disciplinary committee, matters concerning the abstention of or the challenge to a member of the disciplinary committee, and matters necessary for the statement right of persons subject to disciplinary action shall be prescribed by Presidential Decree.
(3) If no opportunity to make a statement is given to a person subject to disciplinary action, the determination on such disciplinary action shall be null and void.
[This Article Wholly Amended by Act No. 11066, Sep. 30, 2011]
 Article 51 (Requests for Determination on Disciplinary Action)
(1) Where the head of an educational institution, educational administrative agency, local government, or educational research institution recognizes that a public educational official under his/her jurisdiction falls under any of the grounds for disciplinary action in the subparagraphs of Article 78 (1) of the State Public Officials Act or in the subparagraphs of Article 69 (1) of the Local Public Officials Act, he/she shall request the disciplinary committee having jurisdiction over the relevant disciplinary case to determine thereon without delay: Provided, That where the disciplinary committee having jurisdiction over the relevant disciplinary case is constituted in the superior administrative agency, he/she shall file such request for the disciplinary decision with the head of the superior administrative agency.
(2) In cases falling under paragraph (1), a disciplinary determination on the disciplinary case of a person authorized to request for disciplinary decision him/herself shall be requested by the head of the immediately superior supervisory authority.
[This Article Wholly Amended by Act No. 11066, Sep. 30, 2011]
 Article 52 (Special Cases concerning Prescription of Grounds for Disciplinary Actions)
Notwithstanding Article 83-2 (1) of the State Public Officials Act, if any ground for a disciplinary action against a public educational official falls under any of the following acts, a request for determination on a disciplinary action may be made within five years from the date the ground for the disciplinary action has occurred:
2. A sex offense against a child or juvenile defined in subparagraph 2 of Article 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse;
4. An act of sexual harassment defined in subparagraph 3 (d) of Article 2 of the National Human Rights Commission Act.
[This Article Newly Inserted by Act No. 13221, Mar. 27, 2015]
 Article 53 (Relationship with the State Public Officials Act)
(1) In applying Article 16 (1) of the State Public Officials Act to the teaching staff who are public educational officials (excluding public educational officials who hold office in a public university; hereafter the same shall apply in this Article), the "Appeals Commission" in the same paragraph shall be construed as the "Appeal Commission for Teachers".
(2) In applying Article 43 (1) of the State Public Officials Act to public educational officials, "Article 71 (1) 1, 3, 5 or 6 or Article 71 (2) or Article 73-2" in the body of the same paragraph shall be construed as "Article 44 (1) 1, 2, 4 through 7, 8 through 12 or (2) or (3) of the Public Educational Officials Act" and "Article 71 (2) 4" in the proviso to the same paragraph shall be construed as "Article 44 (1) 7 of the Public Educational Officials Act". <Amended by Act No. 13819, Jan. 27, 2016>
(3) The restructuring or abolition of the organization of office under Article 70 (1) 3 of the State Public Officials Act and an alteration of positions under Article 73-4 (1) of the same Act shall be deemed to include the disbandment of a school, department, or college in the schools defined in Article 2 of the Elementary and Secondary Education Act and Article 2 of the Higher Education Act (excluding public universities). <Amended by Act No. 13221, Mar. 27, 2015>
(4) In applying Article 32-4 of the State Public Officials Act to public educational officials, the "heads of State agencies" in paragraph (1) of the same Article shall be construed as "persons authorized to appoint, or request the appointment of, public officials".
(5) Articles 6, 17, 19-2, 21, 22, 22-2, 23, 24, 28-2, 28-3, 31, 31-2, 32, 32-2, 34, 36, 36-2, 37 through 39, 40-2, 41, 42 (2), and 50 of the State Public Officials Act shall not apply to public educational officials, and Article 76 of the same Act shall not apply to teachers (excluding faculty members of public universities), respectively.
[This Article Wholly Amended by Act No. 11066, Sep. 30, 2011]
CHAPTER VIII PUBLIC EDUCATIONAL OFFICIALS IN PUBLIC UNIVERSITIES
 Article 54 (Local Personnel Committee for Public Educational Officials)
(1) A local personnel committee for public educational officials shall be established in a local government to ensure that the head of a local government can seek advice on important matters concerning the personnel affairs of public educational officials who hold office in public universities (hereinafter referred to as "public educational officials in public universities").
(2) The local personnel committee for public educational officials established under paragraph (1) (hereinafter referred to as "local personnel committee for public educational officials") shall be comprised of seven members including one chairperson, who shall be the deputy-head of the relevant local government. In such cases, for a local government which has at least two deputy-heads, the deputy-head prescribed by Presidential Decree shall assume the chairmanship.
(3) Members shall be appointed or commissioned by the head of the relevant local government, from among those who have educational experience, educational administrative experience, or administrative experience of at least seven years, and have considerable knowledge in personnel management.
(4) The head of a local government shall refer the following matters to the local personnel committee for public educational officials for deliberation:
1. Matters concerning determination on personnel management policies and criteria, and the formulation of a basic plan for public educational officials in public universities;
2. Matters concerning the enactment, alteration, or abolition of Municipal Ordinance or Municipal Rules on the personnel affairs of public educational officials in public universities;
3. Other important matters concerning the personnel affairs of public educational officials in public universities.
(5) Matters necessary for the constitution and operation of the local personnel committee for public educational officials shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 11066, Sep. 30, 2011]
 Article 55 (Appointment of Heads, etc. of Public Universities)
(1) The head of a public university shall be appointed by the head of a local government on recommendation by the relevant public university following consultations by the local personnel committee for public educational officials, as prescribed by Presidential Decree: Provided, That where the head of a newly established public university is appointed, or where a person who holds office as a dean is appointed as the president of the relevant public university or a person who holds office as the president is appointed as a dean of the relevant public university during his/her term of office due to amendment to the title of the head of the relevant public university, he/she shall be appointed by the head of the local government following consultations by the local personnel committee for public educational officials.
(2) Professors, associate professors, or assistant professors shall be appointed by the head of a local government on recommendation by the head of the relevant public university, and teaching assistants shall be appointed by the head of the relevant public university. <Amended by Act No.10866, Jul. 21, 2011>
(3) When a professor, associate professor, or assistant professor is requested to be appointed under paragraph (2), approval from the relevant university personnel committee shall be obtained, and a newly established public university unable to constitute a university personnel committee shall obtain approval from the local personnel committee for public educational officials until the relevant university personnel committee is established. <Amended by Act No.10866, Jul. 21, 2011>
(4) The vice-president shall be assigned from among professors, and a dean of a graduate school or a college from among professors or associate professors, by the head of the public university with approval from the university personnel committee.
(5) The head of a local government may delegate part of his/her authority provided for in paragraph (2) to the head of a public university, as prescribed by Municipal Ordinance.
(6) Article 24 (7) shall apply mutatis mutandis to the appointment of the head of a public university. In such cases, "university" shall be construed as "public university" and "Article 25" as "Article 55 (2) and (3)".
[This Article Wholly Amended by Act No. 11066, Sep. 30, 2011]
 Article 56 (Settlement of Grievances of Public Educational Officials in Public Universities)
(1) Any public educational official in a public university may request consultations on personnel affairs or investigations on grievances concerning various working conditions, such as personnel affairs, organization, or treatment, and shall not be disadvantageously punished or treated on account of such request.
(2) A person authorized to appoint, or request the appointment of, a public educational official in receipt of a request under paragraph (1), shall refer the issue to the grievance investigation committee for deliberation or have a public official under his/her jurisdiction consult with the relevant public educational official, and shall endeavor to settle the grievance and manage the issue in a fair manner.
(3) A grievance investigation committee for public educational officials in public universities (hereinafter referred to as "public university grievance committee") shall be established in a local government to investigate grievances raised by public educational officials in public universities, and a general grievance investigation committee for public educational officials in a public university (hereinafter referred to as "general grievance committee in a public university") shall be established in the public university, and the functions of the public university grievance committee shall be managed by the local personnel committee for public educational officials.
(4) The public university grievance committee shall examine requests for reinvestigation which have undergone a review process by the general grievance investigation committee in a public university, and grievances raised by the public educational officials in public universities who have positions equal to or higher than an associate professor.
(5) The general grievance committee in a public university shall investigate grievances raised by the public educational officials in the public university who have positions not higher than an associate professor.
(6) Notwithstanding the provisions of paragraph (5), where any grievance raised by a public educational official in a public university prescribed in paragraph (5) relates to at least two administrative agencies, the appointment authority of which differs from each other, or when it is recognized as unsuitable for the general grievance investigation committee in a public university to which such public educational official belongs to investigate such grievance, the public university grievance committee may investigate such grievance.
(7) Where a person authorized to appoint, or request the appointment of, a public educational official in a public university deems it necessary after a grievance investigation, he/she may request the head of the proceeding administrative agency or the related administrative agency to settle such grievance, and the head of the proceeding administrative agency or the related administrative agency so requested shall comply with such request and notify its outcomes thereof, except in extenuating circumstances: Provided, That where it is impossible to settle the grievance on account of any unavoidable ground, such ground shall be notified.
(8) The constitution, authority, or investigation procedure of a public university grievance committee, or other necessary matters shall be prescribed by Municipal Ordinance.
[This Article Wholly Amended by Act No. 11066, Sep. 30, 2011]
 Article 57 (Relationship with the Local Public Officials Act)
(1) In applying Article 20-2 of the Local Public Officials Act to the teaching staff who are public educational officials in a public university, the "review committee" in the same Article shall be construed as the "Appeal Commission for Teachers".
(2) In applying Article 41 (1) of the Local Public Officials Act to the public educational officials of public universities, "Article 63 (1) 1, 2, 4, or 5, or Article 63 (2) or Article 65-2" in the main sentence of the same paragraph shall be construed as "Article 44 (1) 1, 2, 4 through and 7, or 8 through 11, or Article 44 (2) and (3) of the Public Educational Officials Act", and "Article 63 (2) 4" in the proviso to the same paragraph of the same Article of the Local Public Officials Act shall be construed as "Article 44 (1) 7 of the Public Educational Officials Act".
(3) Alterations or abolitions of the organization of an office in Article 62 (1) 1 (b) of the Local Public Officials Act and changes in the organization of an office in Article 65-4 (1) of the same Act shall be deemed to include abolitions of a college, department, or undergraduate school of a public university.
(4) Articles 6, 7 through 9, 9-2, 10, 10-2, 10-3, 11, 22, 22-2, 23, 24, 29-2 through 29-5, 30, 30-2, 32, 34, 34-2, 35 through 37, 39, 39-2, 40, and 74 of the Local Public Officials Act shall not apply to the public educational officials of public universities, and Article 67 (2) through (7) of the same Act shall not apply to the teaching staff who are the public educational officials of public universities, respectively. <Amended by Act No. 11396, Mar. 21, 2012>
[This Article Wholly Amended by Act No. 11066, Sep. 30, 2011]
CHAPTER IX EDUCATIONAL EXPERT OFFICIALS UNDER JURISDICTION OF SUPERINTENDENT OF EDUCATION
 Article 58 (Appointment of Educational Expert Officials under Jurisdiction of Superintendent of Education)
Educational expert officials under the jurisdiction of the superintendent of education shall be appointed by the superintendent of education.
[This Article Newly Inserted by Act No. 11527, Dec. 11, 2012]
 Article 59 (Local Personnel Committee for Educational Expert Officials)
(1) A local personnel committee for educational expert officials shall be established under the jurisdiction of the superintendent of education so that the superintendent of education can seek advice on important matters concerning the personnel affairs of educational expert officials.
(2) The local personnel committee for educational expert officials under paragraph (1) shall be comprised of seven members including one chairperson, who shall be the vice superintendent of education. In such cases, for a City/Do which has two vice superintendents, the vice superintendent prescribed by Presidential Decree shall assume the chairmanship.
(3) Members shall be appointed or commissioned by the superintendent of education, from among those who have educational experience or educational administrative experience of at least seven years and have considerable knowledge in personnel management.
(4) Article 54 (4) and (5) shall apply mutatis mutandis to matters to be deliberated by the local personnel committee for educational expert officials under paragraph (1), etc. In such cases, "public educational officials in public universities" shall be construed as "educational expert officials under the jurisdiction of the "superintendent of education", and "local personnel committee for public educational officials" as "local personnel committee for educational expert officials", respectively.
[This Article Newly Inserted by Act No. 11527, Dec. 11, 2012]
 Article 60 (Special Hiring, Transfer, etc. of Educational Expert Officials under Jurisdiction of Superintendent of Education)
(1) Mutual transfer between educational expert officials under the jurisdiction of the superintendent of education and teachers of national or public schools under the Early Childhood Education Act and the Elementary and Secondary Education Act may be conducted by means of special hiring under Article 12 (1) 4.
(2) Notwithstanding the provisions of Article 30-2 of the Local Public Officials Act, personnel exchange between the educational expert officials belonging to the Ministry of Education and its affiliated agencies and the educational expert officials under the jurisdiction of the superintendent of education may be executed even where the types of public educational officials, the number of exchanging personnel, etc. may differ. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 11527, Dec. 11, 2012]
 Article 61 (Relationship with the Local Public Officials Act)
(1) In applying Article 20-2 of the Local Public Officials Act to the educational expert officials under the jurisdiction of the superintendent of education, the "Review Committee" shall be construed as the "Appeal Commission for Teachers".
(2) In applying Article 41 (1) of the Local Public Officials Act to the educational expert officials under the jurisdiction of the superintendent of education, "Article 63 (1) 1, 2, 4 or 5, or Article 63 (2) or Article 65-2" in the main sentence of the same Article 41 (1) shall be construed as "Article 44 (1) 1, 2, 4 through 7, 8 through 11 or paragraph (2) or (3) of the same Article of the Public Educational Officials Act, and "Article 63 (2) 4" in the same proviso to the same paragraph shall be construed as "Article 44 (1) 7 of the Public Educational Officials Act", respectively.
[This Article Newly Inserted by Act No. 11527, Dec. 11, 2012]
CHAPTER X PENALTY PROVISIONS
 Article 62 (Penalty Provisions)
(1) Each person, who violates Article 24-2 (1), shall be punished by imprisonment for not more than two years or by a fine not exceeding 20 million won.
(2) Each person, who violates Article 24-2 (2) or (4), shall be punished by imprisonment for not more than one year or by a fine not exceeding 10 million won.
(3) Each person, who obstructs the access or fails to comply with a request for submission of data, or submits false data, in violation of Article 73 (3) of the Act on Elections Entrusted by Public Organizations, etc. which is applicable under Article 24-3 (3), shall be punished by imprisonment for not more than one year or by a fine not exceeding two million won. <Amended by Act No. 12755, Jun. 11, 2014>
(4) Each person, who violates Article 24-2 (3), shall be punished by a fine of at least five million won, but not more than 30 million won: Provided, That when information is true and related only to the public interest, he/she shall not be punished.
(5) The statute of limitations on a crime provided for in paragraphs (1) through (4) shall expire six months after the relevant election date: Provided, That if the criminal has escaped, the relevant period shall be three years.
[This Article Wholly Amended by Act No. 11066, Sep. 30, 2011]
 Article 63 (Administrative Fines)
(1) Each person, who fails to comply, without just cause, with a request for attendance under Article 73 (4) of the Act on Elections Entrusted by Public Organizations, etc., which is applicable under Article 24-3 (3), shall be punished by an administrative fine not exceeding one million won. <Amended by Act No. 12755, Jun. 11, 2014>
(2) Administrative fines referred to in paragraph (1) shall be imposed and collected by the relevant Gu/Si/Gun election commission.
[This Article Wholly Amended by Act No. 11066, Sep. 30, 2011]
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force 40 days after the date of its promulgation.
Article 2 (Transitional Measures concerning Assignment to Position of Vice-President)
The vice-president of a university holding office at the time this Act enters into force, shall be deemed assigned under this Act during his/her remaining period of the position.
Article 3 (Transitional Measures concerning Appointment of Principal)
A principal holding office at the time this Act enters into force, shall be deemed appointed under this Act.
Article 4 (Transitional Measures concerning Public Educational Officials Submitted to Disciplinary Punishment or Removed from Office)
The handling of the matters concerning persons submitted to disciplinary punishment or removed from office under the previous provisions of Article 51-2 (2) at the time this Act enters into force, shall be governed by the previous provisions.
Article 5 (Transitional Measures concerning Remuneration of Public Educational Officials Temporarily Suspended or Removed from Office)
Remuneration of the public educational officials temporarily suspended from office for any of the grounds set forth in the previous provisions of Article 47 (1) 2 or 6, or who have been removed from office for any of the grounds set forth in the previous provisions of Article 51-2 (1) or (2) at the time this Act enters into force, shall be paid according to the previous provisions until it is prescribed by Presidential Decree.
Article 6 (Transitional Measures concerning Voluntary Retirement Allowances)
Voluntary retirement allowances under Article 36 shall be paid according to the previous provisions of Article 35-2 until it is prescribed by Presidential Decree.
Article 7 (Transitional Measures concerning Teaching Certificates, etc.)
The qualifications or teaching certificates of teachers which were authorized under the previous Act at the time this Act enters into force shall be deemed to remain effective.
Articles 8 through 10 Omitted.
ADDENDUM <Act No. 3953, Nov. 28, 1987>
This Act shall enter into force on January 1, 1988.
ADDENDA <Act No. 4009, Apr. 6, 1988>
Article 1 (Enforcement Date)
This Act shall enter into force on May 1, 1988: Provided, That the previous provisions shall apply until local councils are constituted in the respective local governments.
Articles 2 through 17 Omitted.
ADDENDA <Act No. 4268, Dec. 27, 1990>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 10 Omitted.
ADDENDA <Act No. 4304, Dec. 31, 1990>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation.
(2) (Transitional Measures concerning Graduates, etc. of National or Public College of Education or Teacher's College, etc.) In hiring new teachers, the appointment authority may select or appoint a fixed rate of the scheduled number of teachers from among those who matriculate at a national or public college of education or teacher's college or enters any other teacher's training institution before 1989 and completes a required course of study and graduates therefrom or completes the course of study, as prescribed by the appointment authority until 1993.
ADDENDA <Act No. 4347, Mar. 8, 1991>
Article 1 (Enforcement Date)
This Act shall enter into force on the election date of local council members held on or after the enforcement of the Amendments to the Local Government Act (Act No. 4310).
Articles 2 through 12 Omitted.
ADDENDA<Act No. 4348, Mar. 8, 1991>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation.
(2) (Transitional Measures concerning Appointment of Faculty Members in Universities) Matters concerning the appointment of faculty members holding office in a university as at the time this Act enters into force and the faculty members who are newly employed in a university after the enforcement of this Act shall be subject to the previous provisions until they are prescribed by Presidential Decree in accordance with the amended provisions of Article 11 (3).
(3) (Transitional Measures concerning Appointment of President or Dean) The president or dean holding office as at the time this Act enters into force shall be deemed assigned under this Act.
(4) (Transitional Measures concerning Principal's Term of Office) The principal holding office as at the time this Act enters into force shall be deemed appointed under this Act, and the term of his/her office shall begin on the enforcement date of this Act.
ADDENDA<Act No. 4376, May 31, 1991>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA<Act No. 4620, Dec. 27, 1993>
(1) (Enforcement Date) This Act shall enter into force on February 1, 1994.
(2) (Transitional Measures concerning Supervisory Officials and Educational Research Officials) The supervisory officials and educational research officials holding office at the time this Act enters into force shall be deemed appointed under this Act.
(3) (Transitional Measures concerning Grievance Cases Held in Central Grievance Investigation Committee for Public Educational Officials) The grievance cases held in the central grievance investigation committee for public educational officials at the time this Act enters into force, shall be succeeded to and handled by the teachers disciplinary review committee in accordance with the amended provisions of Article 49 (3).
ADDENDUM<Act No. 4841, Dec. 31, 1994>
This Act shall enter into force on the date of its promulgation.
ADDENDUM<Act No. 5065, Dec. 29, 1995>
This Act shall enter into force on March 1, 1996.
ADDENDUM<Act No. 5158, Aug. 14, 1996>
This Act shall enter into force on the date of its promulgation.
ADDENDA<Act No. 5207, Dec. 30, 1996>
(1) (Enforcement Date) This Act shall enter into force on January 1, 1997.
(2) (Transitional Measures concerning Appointment of Public Educational Officials in Public Universities) Public educational officials in public universities as at the time this Act enters into force shall be deemed appointed under this Act. In such cases, the record date of the term of office or period of appointment of an appointee employed for a term of office or with his/her period of service fixed shall be reckoned from the date of the appointment by the previous provisions.
(3) (Transitional Measures concerning Public Educational Officials Submitted to Disciplinary Punishment or Removed from Official Position) The handling of the matters concerning public educational officials of public universities under request for disciplinary punishment or removed from their official position as at the time this Act enters into force, shall be succeeded to the head of the university or the local government concerned, respectively.
(4) Omitted.
ADDENDA <Act No. 5717, Jan. 29, 1999>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 10-2 and 11 (4), (5), and (6) shall enter into force on September 1, 1999, and the amended provisions of Articles 11 (3) and 11-2 shall enter into force on January 1, 2002.
Article 2 (Transitional Measures concerning Appointment on Contract Basis)
With respect to teachers appointed for a fixed period under the previous provisions, notwithstanding the amended provisions of Article 11-2, the previous provisions shall apply until the period of such appointment terminates.
Article 3 (Transitional Measures concerning Retirement Age)
Notwithstanding the amended provisions of Article 47 (1), the public educational officials (excluding teachers under Article 14 of the Higher Education Act) holding office as at the time this Act enters into force, whose date of birth falls on such date as set forth in any of the following subparagraphs, shall retire ex officio from office on the date as determined in the respective corresponding subparagraphs:
1. For a person whose date of birth arrives before February 28, 1934: February 28, 1999;
2. For a person whose date of birth arrives between March 1, 1934 and August 31, 1937: August 31, 1999.
Article 4 (Transitional Measures concerning Voluntary Retirement)
(1) In determining the scope of public educational officials subject to the payment of voluntary retirement allowances for service who retire on the retirement date under Article 3 of the Addenda or retire voluntarily before the said retirement date, and the amount of such payment, the previous provisions of retirement age shall apply, notwithstanding the amended provisions of Article 47 (1).
(2) With respect to public educational officials who are in active service as at the time this Act enters into force, whose date of birth arrives between September 1, 1937 and August 31, 1942, and who retire voluntarily before August 31, 2000, the scope of those subject to the payment of voluntary retirement allowances for service and the amount of such payment shall be determined based on the previous provisions of retirement age, notwithstanding the amended provisions of Article 47 (1).
ADDENDUM<Act No. 6211, Jan. 28, 2000>
This Act shall enter into force on the date of its promulgation: Provided, That the provisions concerning child care leave among the amended provisions of Article 44 (1), shall enter into force on January 1, 2001.
ADDENDA <Act No. 6400, Jan. 29, 2001>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDUM <Act No. 6710, Aug. 26, 2002>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 6741, Dec. 5, 2002>
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 19-2 shall enter into force three months after its promulgation.
ADDENDA<Act No. 6932, Jul. 25, 2003>
(1) (Enforcement Date) This Act shall enter into force three months after the date of its promulgation.
(2) (Special Cases for Female Members of University Personnel Committee) In the case of a university that has no female member of faculty who may become a member of the university personnel committee, the amended provision of Article 5 (2) shall apply from the date on which such female member of faculty is newly appointed.
ADDENDA <Act No. 7120, Jan. 29, 2004>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 9 Omitted.
ADDENDA <Act No. 7223, Oct. 15, 2004>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Time Limit for Application)
(1) The amended provisions of subparagraphs 2 through 4 of the attached Table 2 shall apply as follows:
1. For students enrolled at universities and colleges in 2005: Until the time of the open screening process announced in 2010;
2. For students enrolled at universities and colleges in 2004: Until the time of the open screening process announced in 2009;
3. For students enrolled at universities and colleges in 2003: Until the time of the open screening process announced in 2008;
4. For students enrolled at universities and colleges in 2002: Until the time of the open screening process announced in 2007;
5. For students enrolled at universities and colleges in 2001 or earlier: Until the time of the open screening process announced in 2006.
(2) With respect to persons who fall under any subparagraph of paragraph (1) and who are conscripted or drafted into the army while at school or after graduation to serve in the military pursuant to the Military Service Act before taking the open screening process as referred to in Article 11 (1), the time limit of application shall be extended by the period of such conscription or draft.
ADDENDA <Act No. 7353, Jan. 27, 2005>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation.
(2) (Transitional Measures concerning Procedures for Reappointment of University Faculty Members Appointed on Fixed-Term Basis) The amended provisions of Article 11-3 (2) through (6) shall govern the related procedures for reappointment of the university faculty members in active service appointed on a fixed-term basis under the previous provisions as at the time this Act enters into force.
ADDENDA <Act No. 7354, Jan. 27, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 7360, Jan. 27, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA <Act No. 7537, May 31, 2005>
(1) (Enforcement Date) This Act shall enter into force three months after the date of its promulgation.
(2) (Applicability to Entrustment of Election Affairs) The amended provisions of Article 24-3 shall apply to elections for electing a candidate as the head of a university held on or after the enforcement of this Act.
ADDENDUM <Act No. 8498, Jul. 13, 2007>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 8528, Jul. 19, 2007>
This Act shall enter into force on January 1, 2008.
ADDENDA <Act No. 8635, Aug. 3, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force one year and six months after the date of its enforcement. (Proviso Omitted.)
Articles 2 through 44 Omitted.
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 8889, Mar. 14, 2008>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 44 (1) 6 shall enter into force on January 1, 2009.
(2) (Applicability to Recruitment of Teachers) The amended provisions of Article 10-3 shall apply to persons dismissed or discharged from office due to disciplinary action resulting from the accrual of grounds for disciplinary punishment under the amended provisions of the subparagraphs of paragraph (1) of the same Article after this Act enters into force.
ADDENDA <Act No. 10258, Apr. 15, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA <Act No. 10634, May 19, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Applicability to Restriction on Hiring of Teaching Staff)
The amended provisions of Articles 10-3 (1) and 32 (4) shall apply beginning with the first persons, after this Act enters into force, who are dismissed or discharged from office or sentenced to imprisonment without labor or heavier punishment (including persons for whom the period of suspension of execution has passed since the suspension of execution of their punishment as declared by a court) due to any act falling under any of the subparagraphs of the Article 10-3.
Article 3 (Applicability to Extension of Period of Temporary Suspension from Office due to Disease or Injury related to Performance of Official Duties)
The amended provisions of Article 45 (1) 1 shall also apply to persons temporarily suspended from office due to disease or injury related to the performance of official duties before this Act enters into force or persons who are on temporary suspension from office as at the time this Act enters into force.
ADDENDA <Act No. 10866, Jul. 21, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That ---<omitted>--- Article 3 of the Addenda shall enter into force one year after the date of its promulgation, respectively.
Articles 2 through 4 Omitted.
ADDENDUM <Act No. 10868, Jul, 21, 2011>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 10905, Jul. 25, 2011>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 11066, Sep. 30, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation: Provided, That Article 4 of the Addenda shall enter into force on July 22, 2012.
Article 2 (Transitional Measures concerning Invited Principals of High Schools and Schools at Lower Levels)
Notwithstanding the amended provisions of Article 29-2 (3), the work experience of a person who has held, or is holding, office as an invited principal under the former provisions as at the time this Act enters into force shall not be included in the number of occasions on which he/she has held office as a principal.
Article 3 (Transitional Measures concerning Invited Principals, etc.)
(1) Invited principals under the former provisions and publicly-recruited principals of schools under Article 61 of the Elementary and Secondary Education Act as at the time this Act enters into force shall be deemed the publicly-recruited principals under this Act.
(2) Appointment of a person for whom the procedure for the appointment of an invited principal under the former provisions or the procedure for the public recruitment of the principal of a school under Article 61 of the Elementary and Secondary Education Act is underway as at the time this Act enters into force shall be governed by the former provisions.
Article 4 Omitted.
ADDENDA <Act No. 11213, Jan. 26, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 33 (2) shall enter into force on March 1, 2012.
Article 2 (Applicability to Disqualifications)
The amended provisions of Articles 10-3 and 10-4 shall apply to public educational officials appointed after this Act enters into force.
Article 3 (Applicability to Mandatory Retirement)
The amended provisions of Article 43-2 shall apply to persons who fall under any ground for disqualification under the amended provisions of Article 10-4 after this Act enters into force.
Article 4 (Applicability to Counting in Period of Service)
The amended provisions of Article 44 (4) shall also apply to the temporary suspension period of a public educational official temporarily suspended from office before this Act enters into force for pregnancy, giving birth or raising a child.
ADDENDA <Act No. 11381, Mar. 21, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force on March 1, 2013.
Article 2 (Transitional Measures concerning Term of Office)
The term of office of the head of a kindergarten holding office under the former provisions as at the time this Act enters into force shall be deemed to commence on the date when this Act enters into force.
ADDENDA <Act No. 11382, Mar. 21, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDA <Act No. 11396, Mar. 21, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDA <Act No. 11527, Dec. 11, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Appointment of Educational Expert Officials under Jurisdiction of Superintendents of Education)
An expert official under the jurisdiction of the superintendent of education as at the time this Act enters into force shall be deemed appointed under the amended provisions of Article 58.
Article 3 Omitted.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
(1) This Act shall enter into force on the date of its promulgation.
(2) Omitted.
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 12121, Dec. 30, 2013>
This Act shall enter into force on February 14, 2014.
ADDENDA <Act No. 12332, Jan. 24, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on February 7, 2014.
Article 2 (Applicability to Period of Temporary Suspension from Office due to Diseases, etc.)
The amended provisions of the main sentence of Article 45 (1) 1 shall also apply to public educational officials who are temporarily suspended from office under Article 44 (1) 1 as at the time this Act enters into force.
ADDENDA <Act No. 12755, Jun. 11, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on August 1, 2014.
Articles 2 through 5 Omitted.
ADDENDA <Act No. 13221, Mar. 27, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Applicability to Extension of Prescription of Grounds for Disciplinary Actions)
The amended provisions of Article 52 shall also apply to a person in whose case a ground for a disciplinary action has occurred before this Act enters into force but the prescription of a disciplinary action under the former provisions has not completed as at the time this Act enters into force.
Article 3 Omitted.
ADDENDA <Act No. 13819, Jan. 27, 20165>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Applicability to Measures against Cheaters)
The amended provisions of Article 11-2 shall begin applying to the first employment examination conducted after this Act enters into force.
Article 3 (Applicability to Child Care Leave)
The amended provision of Article 45 (1) 6 shall also apply to a person who took a child care leave before this Act enters into force or who takes a child care leave as at the time this Act enters into force.
Article 4 (Transitional Measures concerning Grounds for Disqualification)
Where a person who serves as educational public official as at the time this Act enters into force has a ground for disqualification referred to in the amended provision of subparagraph 2 of Article 10-4 due to an act he/she committed before this Act enters into force, with regard to appointment (excluding hiring and special hiring) and statutory retirement, the previous provision shall apply notwithstanding the aforesaid amended provision.
Article 5 Omitted.
ADDENDA <Act No. 13936, Feb. 3, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 through 4 Omitted.
ADDENDA <Act No. 15039, Nov. 28, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Evaluation for Reappointment of Teachers)
The amended provisions of Article 11-4 (5) and (6) shall apply beginning with the first evaluations for reappointment conducted after this Act enters into force.
Article 3 (Applicability to Limitation on Remuneration of Outside Directors)
The amended provisions of Article 19-2 (2) shall apply beginning with the first permissions granted after this Act enters into force for holding concurrent offices as an outside director of a private company engaging in commercial, industrial, or financial business.