Law Viewer

Back Home

ACT ON THE EDUCATIONAL SUPPORT, ETC. FOR KOREAN NATIONALS RESIDING ABROAD

Act No. 8164, Jan. 3, 2007

Amended by Act No. 8852, Feb. 29, 2008

Act No. 8913, Mar. 21, 2009

Act No. 11690, Mar. 23, 2013

Act No. 13224, Mar. 27, 2015

Act No. 15042, Nov. 28, 2017

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Act is to provide for necessary matters concerning the establishment, operation and support of educational organizations abroad and educational institutions abroad, including Korean schools established in foreign countries to support the school education and lifelong education for Korean nationals residing abroad.
 Article 2 (Definitions)
The definitions of terms used in this Act shall be as follows: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
1. The term "Korean nationals residing abroad" means nationals of the Republic of Korea, who are residing in foreign countries;
2. The term "educational institutions abroad" means educational institutions established in foreign countries to provide a school education and lifelong education to Korean nationals residing abroad, such as Korean schools, Korean language schools and Korean education institutes;
3. The term "Korean school" means education institutions established in foreign countries, after obtaining approval from the Minister of Education, to provide a school education under the Elementary and Secondary Education Act to Korean nationals residing abroad;
4. The term "Korean language school" means irregular schools established by organizations of Korean nationals residing abroad on their own to provide an education on Korean language, Korean history and Korean culture, etc. to Korean nationals residing abroad, which are registered with the heads of diplomatic missions abroad in charge of the relevant regions;
5. The term "educational organization abroad" means organizations established in foreign countries, in order to contribute to the education of Korean nationals residing abroad or the research and improvement of national culture, other than educational institutions abroad.
 Article 3 (Obligations of State)
The State shall provide necessary support to provide education to Korean nationals residing abroad, so as to ensure that they can lead a life, taking great pride in being nationals of the Republic of Korea.
 Article 4 (Relationship with other Acts)
The education of Korean nationals residing abroad and support therefor shall be governed by this Act, except as otherwise provided in other Acts.
CHAPTER II KOREAN SCHOOLS AND SCHOOL JURISTIC PERSONS
SECTION 1 Approval of Korean Schools and School Juristic Persons
 Article 5 (Establishment, etc. of Korean Schools)
(1) Any one who intends to establish and operate a Korean school shall be a juristic person or an organization falling under any of the following subparagraphs, and receive approval from the Minister of Education under paragraphs (2) and (3) (hereinafter referred to as "approval for establishment"): <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
1. Any juristic person or organization which can establish a school equivalent to a school under Article 2 of the Elementary and Secondary Education Act, in accordance with statutes of a nation where any Korean school is expected to be located (hereinafter referred to as "nation where a school is to be located");
2. Any juristic person or organization under Acts of the Republic of Korea.
(2) Any juristic person or organization which intends to receive approval for establishment under paragraph (1) shall draw up the articles of association (referring to operational regulations, in cases of organizations), including the following matters, the list of property necessary for establishing a Korean school and plans on the establishment of Korean schools, and apply for approval for establishment to the Minister of Education, via the heads (hereinafter referred to as "heads of diplomatic missions") of diplomatic missions abroad of the Republic of Korea, in charge of nations where schools are to be located: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
1. Purpose;
2. Name;
3. Location of a main office;
4. Name and location of Korean schools to be established and operated;
5. Matters concerning property and accounting;
6. Matters concerning the number, or the appointment and dismissal of executives;
7. Matters concerning the board of directors;
8. Matters concerning the modification of the articles of association;
9. Matters concerning dissolution;
10. Matters concerning an administrative office and employees;
11. Matters concerning remunerations, official duties, guarantee of status or disciplinary action of teachers and employees in Korean schools;
12. Other matters necessary for operating a juristic person, an organization or Korean schools.
(3) The Minister of Education who has received applications for approval for establishment under paragraph (2), shall make a decision on whether to grant approval to applicants, after examining the need for the establishment of Korean schools, and the validity of the articles of association or lists of property submitted under paragraph (2) and plans on the establishment of Korean schools, and notify the juristic person or organization which applied for approval for establishment, of his/her decision, via the heads of diplomatic missions. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(4) When any juristic person or organization (hereinafter referred to as "school juristic person"), which has received approval for establishment under paragraph (3), intends to operate Korean schools, it shall receive approval (hereinafter referred to as "approval for operation") from the Minister of Education. The same shall apply to establishment of the curriculum of higher or lower schools in Korean schools already established and operated. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(5) Any school juristic person, which intends to receive approval for operation under paragraph (4) shall have facilities, school regulations, operational plans or plans for procuring financial resources necessary for operating Korean schools, and apply for approval for operation to the Minister of Education, after going through the heads of diplomatic missions, and the Minister of Education who has received an application for approval for operation shall make a decision on whether to grant approval, and notify the relevant school juristic person which has applied for approval for operation, of his/her decision, via the heads of diplomatic missions. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(6) Necessary matters concerning an application for approval for establishment or operation, procedures for approval and standards for facilities necessary for the establishment and operation of Korean schools pursuant to the provisions of paragraphs (2) through (5) shall be prescribed by Ordinance of the Ministry of Education. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
 Article 6 (Revocation of Approval for Establishment)
(1) When a school juristic person falling under subparagraph 1 or 2 fails to take corrective measures within six months after the date on which a corrective order is given, the Minister of Education may revoke approval for establishment, and when any school juristic person falls under subparagraph 3 or 4, he/she shall revoke approval for establishment. In such cases, he/she shall listen to opinions of the heads of diplomatic missions in advance: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
1. When the school juristic person is unable to fulfill the purpose of its establishment;
2. When the school juristic person violates conditions for approval for establishment;
3. When the school juristic person is merged or goes bankrupt;
4. When the board of directors passes a resolution to dissolve the school juristic person.
(2) The Minister of Education shall, when he/she revokes approval for establishment under paragraph (1), provide an opportunity to present opinions to a school juristic person in advance. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
 Article 7 (Revocation of Approval for Operation)
(1) When any Korean school or any school juristic person falls under subparagraphs 1 through 3, the Minister of Education shall revoke approval for the operation of Korean school, and when any Korean school falling under subparagraph 4 fails to have suitable facilities within one year after the date on which a corrective order is issued, he/she may revoke approval for operation, after listening to opinions of the heads of diplomatic missions in advance: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
1. When the school juristic person is dissolved, or the establishment or registration of the school juristic person is revoked under this Act or statutes of a nation where a school juristic person is located (hereinafter referred to as "nation where a school juristic person is located");
2. When the school juristic person goes bankrupt;
3. When it is impossible to fulfill the purposes of establishing the Korean school, due to the long-term closedown of the Korean school, etc.;
4. When the school juristic person violates standards for facilities under Article 5 (6).
(2) The Minister of Education shall, when he/she revokes approval for operation under paragraph (1), give an opportunity to present opinions to a school juristic person in advance. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
Section 2 Operation of Korean Schools
 Article 8 (Curriculums)
(1) The curriculums of Korean schools shall be organized, in accordance with curriculums determined by the Minister of Education under Article 23 of the Elementary and Secondary Education Act. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(2) Any Korean school may change a part of its curriculum or contents of school subjects, when organizing curriculums, by taking into account the distinct characteristics of the nation where the Korean school is located, as prescribed by Ordinance of the Ministry of Education, notwithstanding paragraph (1). <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
 Article 9 (Recognition of Academic Degree)
Any one who has completed the curriculums of a Korean school shall be deemed to have the same academic degree as that of any person who has completed the relevant curriculum in an elementary, middle or high school in the Republic of Korea under the Elementary and Secondary Education Act.
 Article 10 (Tuition Fees)
(1) Korean schools may receive tuition fees, admission fees and expenses for supporting school operation (hereinafter referred to as "tuition fees, etc.") from students.
(2) Necessary matters concerning the amounts or payment of tuition fees, etc. under paragraph (1) shall be determined by the head of a Korean school (hereinafter referred to as "head of school"), after undergoing deliberation or resolution by the board of directors of a school juristic person which establishes and operates the Korean school.
 Article 11 (School Operation Committee)
(1) The School Operation Committee shall be established and operated under the control of a Korean school, so as to increase the autonomy of operating the Korean school and provide an education suitable for the circumstances and characteristics of the nations where the Korean school is located.
(2) The School Operation Committee shall deliberate on the following matters: Provided, That the School Operation Committee may deliberate on matters under subparagraph (1), only when a school juristic person makes a request for deliberation:
1. Matters concerning the enactment or revision of school rules and school regulations;
2. Matters concerning the budget bill and the settlement of accounts of schools;
3. Matters concerning methods for operating school curriculums;
4. Matters concerning the selection of books used for study and educational materials;
5. Matters concerning extra-curricular activities, educational activities and training activities during a vacation;
6. Matters concerning the determination of tuition fees and admission fees or the raising, operating and using funds for supporting school operation;
7. Matters concerning school meals;
8. Matters concerning suggestions and recommendations for the operation of schools;
9. Other matters prescribed by Presidential Decree concerning the operation of schools.
(3) The School Operation Committee shall be comprised of the representative of teachers in Korean schools, the representative of school parents and local residents, etc., and necessary matters concerning the organization and operation of the School Operation Committee, such as methods for organization or the number of members, shall be prescribed by Ordinance of the Ministry of Education. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(4) The head of a school may provide training aimed at improving the qualifications and capacities of members of the School Operation Committee to perform duties. <Newly Inserted by Act No. 8913, Mar. 21, 2008>
(5) The School Operation Committee under paragraph (1) may raise funds for the development of schools, and shall deliberate and resolve on matters concerning the raising, operating and using of funds for the development of schools. <Newly Inserted by Act No. 8913, Mar. 21, 2008>
(6) Necessary matters concerning methods for raising and operating funds for the development of schools under paragraph (5) shall be prescribed by Presidential Decree. <Newly Inserted by Act No. 8913, Mar. 21, 2008>
 Article 12 (Annexed Kindergartens)
Any School juristic person which has established and operated a Korean school may establish and operate a kindergarten under the Early Childhood Education Act, annexed to such Korean school, by receiving approval from the Minister of Education, via the heads of diplomatic missions. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
Section 3 Operation of School Juristic Persons
 Article 13 (Amendment of Articles of Association)
When any school juristic person modifies the articles of association, it shall obtain the consent of not less than 2/3 of incumbent directors of the board of directors and receive approval from the Minister of Education, via the heads of diplomatic missions. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
 Article 14 (Executives and Restrictions on Appointment of Executives)
(1) The executives of any school juristic person shall be comprised of not less than seven directors and auditors, including a chief director, the head of a school and a person nominated by the heads of diplomatic missions.
(2) Not less than half of all directors of any school juristic person shall be nationals of the Republic of Korea.
(3) No one falling under any of the following subparagraphs shall be an executive of a school juristic person:
1. A person falling under any of the subparagraphs of Article 33 (1) of the State Public Officials Act;
2. A person for whom two years have not elapsed from the date on which approval as an executive is revoked under Article 15 (3);
3. A person for whom two years have not elapsed from the date on which he/she is removed or dismissed under Article 26.
 Article 15 (Approval, etc. of Executive Officers)
(1) The executive officers of any school juristic person shall receive approval from the Minister of Education, via the heads of diplomatic missions. The same shall also apply to cases where any executive officer is replaced. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(2) The terms of office of directors or auditors of a school juristic person shall be determined by the articles of association, within the extent not exceeding five years or two years, respectively, and may be reappointed: Provided, That the term of office of a director who is the head of a school shall be the period during which he/she holds office.
(3) When an executive officer of a school juristic person falls under any of the following subparagraphs, the Minister of Education may request for correction by determining a period of not less than 30 days, via the heads of diplomatic missions, and when such correction is not made within such period, he/she may revoke approval of the relevant executive after listening to opinions of the heads of diplomatic missions: Provided, That where even if correction is requested, it is clear that such correction cannot be made or a serious act of corruption is committed, such as accounting fraud, embezzlement, and bribery, the approval for the appointment of the executive officer concerned may be revoked after hearing opinions from the heads of diplomatic missions without the request for correction and detailed standards therefor shall be prescribed by Presidential Decree: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 15042, Nov. 28, 2017>
1. When the executive officer causes damage to a school juristic person or Korean school by committing illegal acts in connection with the establishment and operation of the Korean school;
2. When the executive officer who is not the head of a school infringes on the authority of the head of a school related to school administration, such as the operation of the curriculum of the Korean school;
3. Where the executive officer violates the provisions of this Act or fails to fulfill orders issued thereunder.
(4) Where the approval for an executive officer is cancelled pursuant to paragraph (3), the Minister of Education shall give the executive officer an opportunity to present his/her opinion in advance. <Newly Inserted by Act No. 15042, Nov. 28, 2017>
(5) The Minister of Education may, when he/she deems that it is difficult to operate a school juristic person normally, due to the vacant positions of directors, appoint directors either ex officio or upon request of interested persons. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(6) Except as otherwise provided in this Act, necessary matters concerning the appointment of executive officers of a school juristic person shall be determined by the articles of association of the school juristic person.
 Article 15-2 (Suspension of Performance of Duties of Executive Officers)
(1) In any of the following cases, the Minister of Education may suspend the duties of an executive officer for a period not exceeding 60 days, and extend such period up to 60 days in inevitable circumstances:
1. Where an investigation or inspection for cancellation of approval of the appointment of the executive officer concerned is in progress pursuant to Article 15 (3);
2. Where deemed likely to incur considerable loss in operation of a school juristic person or school, if the executive officer concerned continues to perform his/her duties during a period of correction requested pursuant to Article 15 (3).
(2) When the grounds for suspension of the performance of duties of the executive officer concerned under paragraph (1) cease to exist, the Minister of Education shall immediately revoke the suspension.
[This Article Newly Inserted by Act No. 15042, Nov. 28, 2017]
 Article 16 (Functions of Board of Directors)
The board of directors of a school juristic person shall deliberate and resolve on the following matters: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
1. Matters concerning the budget, the settlement of accounts or loan of a school juristic person or Korean school and the acquisition or disposal of property;
2. Matters concerning the amendment of the articles of association and the appointment or dismissal of executives of a school juristic person;
3. Matters concerning the appointment or dismissal of the heads of schools or teachers: Provided, That matters concerning the appointment or dismissal of teachers, who are public educational officials dispatched under Article 32-4 (1) of the State Public Officials Act by the Minister of Education are excluded herefrom;
4. Other important matters concerning the management of a school juristic person or Korean school or matters relating to the authority of the board of directors under statutes or the articles of association.
 Article 17 (Administrative Office and Employees)
Any school juristic person may have a necessary administrative office and employees under the articles of association, so as to perform duties concerning the establishment or operation of Korean schools.
 Article 18 (Property Management)
(1) When any school juristic person intends to sell, donate, or exchange or, alter the purpose of use of, properties related to the establishment or operation of a Korean school, or offer any property as security, it shall obtain consent of not less than 2/3 of incumbent directors in the board of directors. In such cases, a school juristic person shall report to the Minister of Education, via the heads of diplomatic missions. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(2) Notwithstanding paragraph (1), no properties determined by Presidential Decree, from among property directly used for education in Korean schools, may be subject to sales, donation, exchanges, alteration of purpose of use or security.
 Article 19 (Standards for Accounting Management)
Necessary matters concerning accounting management, such as standards and procedures for the accounting management of school juristic persons and Korean schools, shall be prescribed by the Minister of Education. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
 Article 20 (Provisions Applicable Mutatis Mutandis)
With respect to the executives of a school juristic person, the board of directors and provision of the list of property, Articles 15, 16 (2), 17 through 19, 23, 26 (1), 30, 31 (1) and (2) and 32 of the Private School Act shall apply mutatis mutandis. In such cases, "private schools" shall be deemed "Korean schools", respectively, and "authority in charge" deemed "Minister of Education", respectively. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
Section 4 Teachers and Employees of Korean Schools
 Article 21 (Appointment or Dismissal of Teachers and Employees)
(1) A Korean school shall have teachers and employees, including the head of a school, and the head of a school shall be appointed by the board of directors of a school juristic person, from among persons who do not fall under any of the subparagraphs of Article 14 (3), teachers, other than the head of a school, shall be appointed or dismissed by a chief director, after undergoing a resolution of the board of directors, at the request of the head of a school and employees shall be appointed or dismissed by a chief director at the request of the head of a school: Provided, That the same shall not apply to employees or teachers who are public officials dispatched under Article 32-4 (1) of the State Public Officials Act by the Minister of Education. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(2) Any chief director may delegate authority concerning the appointment or dismissal of teachers, excluding the head of a school, to the head of a school under the articles of association of a school juristic person, notwithstanding the main sentence of paragraph (1).
(3) When teachers of a Korean school are appointed or dismissed under the main sentence of paragraphs (1) and (2), a school juristic person shall report such fact to the heads of diplomatic missions within seven days from the date on which teachers are appointed or dismissed.
 Article 22 (Duties of Heads of Schools)
The heads of schools shall take charge of matters concerning the curriculums or educational activities of Korean schools, and manage or supervise teachers or employees of Korean schools, with regard to educational activities of Korean schools.
 Article 23 (Qualifications for Teachers)
(1) Article 21 of the Elementary and Secondary Education Act shall apply mutatis mutandis to qualifications for teachers of Korean schools. In such cases, "principals" shall be deemed "heads of schools."
(2) Persons who are qualified as teachers under statutes concerning qualifications for teachers in nations where Korean schools are located, may be appointed as teachers in charge of a foreign language course or courses especially established in Korean schools in consideration of the distinct characteristics of nations where Korean schools are located under Article 8 (2), notwithstanding the provisions of paragraph (1).
 Article 24 (Contract or Temporary Teachers and Employees)
Korean schools may have teachers and employees appointed by determining contract terms and conditions, such as working period, remunerations, working conditions, achievements and performance.
 Article 25 (Training of Teachers)
The Minister of Education may provide training in domestic training institutes, etc. when it is deemed necessary for improving the qualifications and professionalism of teachers and employees (including teachers and employees who are foreigners) of Korean schools. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
 Article 26 (Disciplinary Action)
(1) When a teacher falls under any of the subparagraphs of Article 61 (1) of the Private School Act, a person who is authorized to appoint and dismiss the teacher shall request the Teachers' Disciplinary Committee under paragraph (2) to make a decision on taking disciplinary action against the relevant teacher, and take disciplinary action according to the outcomes of a decision by the Teachers' Disciplinary Committee. In such cases, Articles 61 (2) through (5) and 66-4 (1) of the Private School Act shall apply mutatis mutandis to the types, details and time limitation of disciplinary action against teachers. <Amended by Act No. 13224, Mar. 27, 2015>
(2) The Teachers' Disciplinary Committee shall be established under the control of a school juristic person under the articles of association of a school juristic person, so as to deliberate and resolve on disciplinary cases concerning teachers in Korean schools.
(3) When a teacher of a Korean school falls under any of the subparagraphs of Article 61 (1) of the Private School Act, the Minister of Education may request a person who is authorized to appoint and dismiss the teacher to take a disciplinary action against the relevant teacher, via the heads of diplomatic missions. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(4) Other necessary matters concerning a disciplinary action against teachers shall be determined by the articles of association of a school juristic person.
 Article 27 (Remunerations or Official Duties of Teachers and Employees)
The remunerations, official duties and guarantee of status of teachers and employees of Korean schools shall be determined by the articles of association of a school juristic person, except as otherwise prescribed in this Act.
CHAPTER III KOREAN EDUCATION CENTER
 Article 28 (Establishment of Korean Education Center)
(1) The Minister of Education may establish a Korean education center (hereinafter referred to as "education center") in a foreign country, in consultation with the Minister of Foreign Affairs, when it is deemed necessary for providing lifelong education and other educational activities to Korean nationals residing abroad. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(2) The education center shall have a director and may have teachers and employees, when necessary.
(3) Necessary matters concerning standards for the establishment and operation of the education center and qualifications or appointment of a director, teachers and employees under paragraphs (1) and (2) shall be prescribed by Presidential Decree.
 Article 29 (Functions of Education Centers)
An education center shall perform the following functions:
1. Dissemination of Korean language, etc.;
2. Support for educational activities of Korean language schools;
3. Counselling and instructions for Korean students studying abroad;
4. Support for the activities to attract foreign students;
5. Collection of and reports on overseas education information;
6. Other matters concerning support for overseas educational activities.
CHAPTER IV SUPPORT FOR EDUCATIONAL INSTITUTIONS ABROAD
 Article 30 (Registration of Educational Institutions Abroad)
(1) Educational institutions abroad (excluding Korean schools and education center; hereafter the same shall apply in this Article) or educational organizations abroad which intend to receive support under this Act, shall register with the heads of diplomatic missions, with documents, including the following matters:
1. Purpose of establishment;
2. Place of establishment;
3. Representative;
4. Business performance and business plans;
5. Articles of association, in cases of a juristic person or an organization.
(2) The heads of diplomatic missions shall report the registration or abolishment of educational institutions abroad or educational organizations abroad to the Minister of Education, via the Minister of Foreign Affairs. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
 Article 31 (State Subsidies)
The State may subsidize the following expenses for educational institutions abroad, educational organizations abroad and school juristic persons, within the scope of a budget, as prescribed by Presidential Decree:
1. All or some expenses incurred in establishing Korean schools;
2. All or some expenses incurred in the operation and business of educational institutions abroad and educational organizations abroad.
 Article 32 (Reports and Surveys)
(1) The Minister of Education may order Korean schools, school juristic persons or the education center which received the state subsidy under Article 31 to report on the relevant duties or accounting, after going through the heads of diplomatic missions, or order the relevant public officials to conduct a survey on the actual condition of education or examine and audit documents or books, etc. In such cases, requests for reports on school juristic persons and surveys, examinations or audits shall be limited to the establishment and operation of Korean schools. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(2) When the Minister of Education deems that the performance of tasks by Korean schools, school juristic persons and the education center or the use of subsidies is inappropriate, as a result of a report, survey, examination or audit under paragraph (1), he/she may order them to take corrective measures or other necessary measures, such as the refund of a subsidy, via the heads of diplomatic missions. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
 Article 33 (Suspension of State Subsidies)
When Korean schools or school juristic persons which have received support under Article 31 fall under any of the following subparagraphs, the Minister of Education may suspend the State subsidy: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
1. When they refuse or obstruct a report, survey, examination or audit under Article 32 (1);
2. When they do not comply with a corrective order or an order for the return of subsidies under Article 32 (2).
 Article 34 (Support for Foreign Educational Institutions)
(1) When foreign educational institutions or educational organizations operate curriculums, including Korean language, Korean history and Korean culture, the Minister of Education may subsidize expenses incurred in operating such curriculums in whole or in part, within the scope of budget. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(2) The Minister of Education may subsidize a part of expenses necessary for education within the scope of a budget, when foreign schools which operate elementary and secondary education curriculums, equivalent to schools under Article 2 of the Elementary and Secondary Education Act, operate curriculums, including Korean language, Korean history and Korean culture, etc., along with curriculums under statutes of the relevant nations; and Korean nationals residing abroad or their offsprings make up not less than a half of students attending the relevant schools. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
 Article 35 (Manufacture and Distribution of Textbooks)
(1) The Minister of Education may compile, publish or manufacture books for school subjects and educational materials necessary for the education of Korean nationals residing abroad. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(2) The Minister of Education may provide books for school subjects and educational materials for free under paragraph (1) and books for school subjects under Article 29 of the Elementary and Secondary Education Act to educational institutions abroad or educational organizations abroad. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
CHAPTER V SUPPLEMENTARY PROVISIONS
 Article 36 (Domestic Education of Korean Nationals Residing Abroad)
(1) The Minister of Education may establish and operate curriculums necessary for the education of Korean nationals residing abroad in the Republic of Korea. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(2) Necessary matters concerning the operation of curriculums under paragraph (1) shall be determined by the Minister of Education. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
 Article 37 (Payment of Scholarship)
(1) The Minister of Education may provide scholarships to Korean nationals residing abroad, who are taking part in curriculums under Article 36 (1) and domestic education institutions, by taking into account school grades and economic conditions, within the scope of budget. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(2) Necessary matters concerning standards and methods for providing scholarships under paragraph (1) shall be determined by the Minister of Education. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
 Article 38 (Special Cases concerning Support for Education of Korean Nationals Residing Abroad)
The Minister of Education may include any Korean who has acquired the nationality of a foreign nation, in the scope of subjects of support for the education of Korean nationals residing abroad determined in this Act, when it is deemed necessary: Provided, That the same shall not apply to cases where the relevant foreign nation does not allow such inclusion. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
 Article 39 (Guidance and Supervision)
Korean schools, school juristic persons and education centers shall be under the guidance and supervision of the Minister of Education, and the heads of diplomatic missions, and other educational institutions abroad and educational organizations abroad shall be under the guidance and supervision of the heads of diplomatic missions. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
 Article 40 (Relationship with Statutes in other Nations)
When statutes of nations where educational institutions abroad and educational organizations abroad are located have provisions inconsistent with those of this Act, this Act shall apply within the extent that does not collide with statutes in the relevant foreign nations, notwithstanding the provisions of this Act.
 Article 41 (Entrustment of Authority)
The Minister of Education may entrust a part of authority under this Act to the heads of diplomatic missions, as prescribed by Presidential Decree. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
CHAPTER VI PENALTY PROVISIONS
 Article 42 (Penalty Provisions)
When any chief director or director of a school juristic person falls under any of the following subparagraphs, he/she shall be punished by imprisonment for not more than two years or by a fine not exceeding 20 million won:
1. When he/she sells, donates, exchanges, or alters the purpose of use of, property, or offers property as security, in violation of Article 18;
2. When he/she refuses or obstructs a report, survey, examination or audit under Article 32 (1), without any justifiable ground.
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Penalty Provisions)
Article 42 shall begin to apply to acts performed after this Act enters into force.
Article 3 (Transitional Measures concerning Registration of Educational Institutions Abroad)
(1) Schools, which are established in foreign nations with approval from the Minister of Education & Human Resources Development and operate curriculums under the Elementary and Secondary Education Act, at the time this Act enters into force, shall be deemed Korean schools established with approval from the Minister of Education & Human Resources Development under this Act.
(2) Korean Education Centers established in foreign nations, as prescribed by Presidential Decree, at the time this Act enters into force, shall be deemed an education center established under this Act.
(3) Educational institutions (excluding schools under paragraph (1) and Korean education centers under paragraph (2)) and educational organizations located in foreign nations, registered with the heads of diplomatic missions, at the time this Act enters into force, shall be deemed educational institutions abroad or educational organizations abroad registered with the heads of diplomatic missions under this Act.
Article 4 (Transitional Measures concerning Approval of School Juristic Persons)
Juristic persons or organizations which have established or operated schools in foreign nations, after receiving approval from the Minister of Education & Human Resources Development, at the time this Act enters into force, shall be deemed to have received approval for the establishment or operation of school juristic persons under this Act.
Article 5 (Transitional Measures concerning Teachers)
Teachers and employees in Korean schools, at the time this Act enters into force, shall be deemed teachers and employees appointed under this Act.
Article 6 (Transitional Measures concerning Unqualified Teachers)
Teachers appointed by a contract, without qualifications for teachers under this Act, from among teachers in Korean schools, as at the time this Act enters into force, shall be deemed to be qualified as teachers under this Act, until the relevant contract period expires.
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.
ADDENDUM <Act No. 8913, Mar. 21, 2008>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
(1) This Act shall enter into force on the date of its promulgation.
(2) Omitted.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 13224, Mar. 27, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Act No. 15042, Nov. 28, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force six months from the date of its promulgation.
Article 2 (Applicability to Cancellation of Approval for Executive Officer Taking Office)
The amended provisions of the proviso to Article 15 (3) and subparagraph 3 of the same paragraph and paragraph (4) of the same Article shall begin to apply from a person approval for taking office is cancelled by causes or acts after this Act enters into force.
Article 3 (Applicability to Suspension of Performance of Duties of Executive Officer)
The amended provisions of Article 15 (2) shall begin to apply from a person subject to the suspension of performance of his/her duties due to causes or acts after this Act enters into force.