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PRIVATE SCHOOL ACT

Act No. 1362, jun. 26, 1963

Amended by Act No. 1621, Dec. 16, 1963

Act No. 1664, Nov. 10, 1964

Act No. 1735, Dec. 30, 1965

Act No. 1869, Jan. 16, 1967

Act No. 2396, Dec. 28, 1972

Act No. 2587, Mar. 10, 1973

Act No. 2649, Dec. 20, 1973

Act No. 2775, Jul. 23, 1975

Act No. 2961, Dec. 31, 1976

Act No. 2945, Dec. 31, 1976

Act No. 3057, Dec. 31, 1977

Act No. 3114, Dec. 5, 1978

Act No. 3373, Feb. 28, 1981

Act No. 3458, Nov. 23, 1981

Act No. 3812, May 9, 1986

Act No. 4226, Apr. 7, 1990

Act No. 4268, Dec. 27, 1990

Act No. 4347, Mar. 8, 1991

Act No. 4376, May 31, 1991

Act No. 5069, Dec. 29, 1995

Act No. 5274, Jan. 13, 1997

Act No. 5345, Aug. 22, 1997

Act No. 5454, Dec. 13, 1997

Act No. 5453, Dec. 13, 1997

Act No. 5438, Dec. 13, 1997

Act No. 5683, Jan. 21, 1999

Act No. 5982, May 24, 1999

Act No. 6004, Aug. 31, 1999

Act No. 6212, Jan. 28, 2000

Act No. 6332, Dec. 30, 2000

Act No. 6400, Jan. 29, 2001

Act No. 6715, Aug. 26, 2002

Act No. 7118, Jan. 29, 2004

Act No. 7120, Jan. 29, 2004

Act No. 7354, Jan. 27, 2005

Act No. 7352, Jan. 27, 2005

Act No. 7802, Dec. 29, 2005

Act No. 8529, Jul. 19, 2007

Act No. 8545, Jul. 27, 2007

Act No. 8639, Oct. 17, 2007

Act No. 8852, Feb. 29, 2008

Act No. 8888, Mar. 14, 2008

Act No. 10258, Apr. 15, 2010

Act No. 10580, Apr. 12, 2011

Act No. 10637, May 19, 2011

Act No. 10871, Jul. 21, 2011

Act No. 10906, Jul. 25, 2011

Act No. 11216, Jan. 26, 2012

Act No. 11622, Jan. 23, 2013

Act No. 11690, Mar. 23, 2013

Act No. 12125, Dec. 30, 2013

Act No. 13224, Mar. 27, 2015

Act No. 13573, Dec. 22, 2015

Act No. 13938, Feb. 3, 2016

Act No. 13936, Feb. 3, 2016

Act No. 14154, May 29, 2016

Act No. 14468, Dec. 27, 2016

Act No. 15022, Oct. 31, 2017

Act No. 15040, Nov. 28, 2017

Act No. 15555, Apr. 17, 2018

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Act is to ensure the sound development of private schools by securing their independence and promoting their public characteristics, in view of their special characteristics.
 Article 2 (Definitions)
The terms used in this Act shall be defined as follows:
1. The term "private school" means a school defined under subparagraph 2 of Article 2 of the Early Childhood Education Act, Article 2 of the Elementary and Secondary Education Act, and Article 2 of the Higher Education Act, which is established by a school foundation, a corporation, other than public organizations, or other individuals;
2. The term "school foundation" means a corporation organized under this Act to establish and operate only a private school;
3. The term "private school manager" means a corporation other than public organizations (excluding school foundations) or an individual that establishes and operates a private school under the Early Childhood Education Act, the Elementary and Secondary Education Act, the Higher Education Act, and this Act;
4. The term "appointment" means new employment, promotion, transfer, concurrent positions, secondment, demotion, temporary leave, dismissal from position, suspension from office, reinstatement, dismissal from office, dismissal, and removal.
[This Article Wholly Amended by Act No. 13938, Feb. 3, 2016]
 Article 3 (Private Schools Which May not Be Established by Those Other than School Foundations)
(1) Persons other than school foundations shall neither establish nor operate private schools which fall under any of the following subparagraphs: Provided, That the same shall not apply where industrial bodies establish and operate middle or high schools for the education of their employed working juveniles pursuant to the provisions of Article 52 (2) of the Elementary and Secondary Education Act: <Amended by Act No. 2396, Dec. 28, 1972; Act No. 2961, Dec. 31, 1976; Act No. 3057, Dec. 31, 1977; Act No. 3812, May 9, 1986; Act No. 5069, Dec. 29, 1995; Act No. 5274, Jan. 13, 1997; Act No. 6004, Aug. 31, 1999; Act No. 8639, Oct. 17, 2007; Act No. 8888, Mar. 14. 2008; Act No. 14468, Dec. 27, 2016>
1. Primary schools, middle schools, high schools, special education schools, colleges and universities;
2. Deleted; <by Act No. 6004, Aug. 31, 1999>
3. Industrial colleges, cyber universities, junior colleges, and technology colleges;
4. Other schools of various kinds equivalent to colleges and universities, industrial colleges, junior colleges, or technology colleges.
(2) Deleted. <by Act No. 6004, Aug. 31, 1999>
 Article 4 (Competent Agencies)
(1) Any of the following persons shall be subject to direction and control of the Superintendent of the Office of Education of the Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Do and a Special Self-Governing Province (hereinafter referred to as "City/Do") who has jurisdiction over their location: <Amended by Act No. 4347, Mar. 8, 1991; Act No. 5069, Dec. 29, 1995; Act No. 5274, Jan. 13, 1997; Act No. 6004, Aug. 31, 1999; Act No. 14154, May 29, 2016>
1. Private primary schools, private middle schools, private high schools, private high technical schools, private civic schools, private higher civic schools, private schools for the handicapped, private kindergartens, and other schools of various kinds equivalent to the aforesaid schools;
2. School foundations that establish and operate private schools referred to in subparagraph 1, or managers of such private schools.
(2) Deleted. <by Act No. 4347, Mar. 8, 1991>
(3) Any of the following entities shall be subject to control and supervision of the Minister of Education: <Amended by Act No. 2396, Dec. 28, 1972; Act No. 3057, Dec. 31, 1977; Act No. 3373, Feb. 28, 1981; Act No. 3812, May 9, 1986; Act No. 4226, Apr. 7, 1990; Act No. 4268, Dec. 27, 1990; Act No. 5274, Jan. 13, 1997; Act No. 6004, Aug. 31, 1999; Act No. 6400, Jan. 29, 2001; Act No. 8639, Oct. 17, 2007; Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
1. Private colleges and universities, private industrial colleges, private junior colleges, private cyber universities, private technology colleges, and other private schools of various kinds equivalent to the aforesaid colleges and universities (hereinafter referred to as "college educational institutions");
2. School foundations that establish and operate private colleges and universities referred to in subparagraph 1;
3. School foundations that establish and operate both colleges and universities referred to in subparagraph 1 and other private schools.
CHAPTER II SCHOOL FOUNDATIONS
SECTION 1 Common Provisions
 Article 5 (Assets)
(1) School foundations shall have facilities and equipment necessary for the private schools established and operated by them, and property necessary for the management of the schools concerned.
(2) Standards of the facilities, equipment and property necessary for the private schools as provided in paragraph (1) shall be determined by the Presidential Decree. <Amended by Act No. 1664, Nov. 10, 1964; Act No. 3373, Feb. 28, 1981>
 Article 6 (Enterprise)
(1) School foundations may run a business aimed at profit-making for the purpose of using the profits for management of private schools (hereinafter referred to as the "profit-making businesses"), if the operation of such enterprises places no obstacle upon education by the private schools established by them. <Amended by Act No. 5274, Jan. 13, 1997>
(2) Deleted. <by Act No. 6004, Aug. 31, 1999>
(3) When a school foundation runs a profit-making business under paragraph (1), it shall publicly announce without delay the following matters:
1. The name of the business and seat of its office;
2. The type of the business;
3. The capital for the management of the business;
4. The name and address of the representative of the business;
5. The commencement and term of the business;
6. Other necessary matters.
(4) The accounting of the profit-making business as referred to in paragraph (1) shall be separated from that concerning operation of the private school which is established and operated by the relevant school foundation.
 Article 7 (Address)
The address of a school foundation shall be deemed to be the seat of its principal office.
 Article 8 (Registration of Establishment)
(1) When a school foundation has obtained permission for its establishment, it shall register the following matters within three weeks from the date of such permission: <Amended by Act No. 3373, Feb. 28, 1981>
1. Objectives;
2. Name;
3. Office;
4. Date of permission for establishment;
5. Period of existence or causes for dissolution, if such period or causes are determined;
6. Total value of assets;
7. Method investment, if such method is determined;
8. Names and addresses of directors;
9. Deleted. <by Act No. 3373, Feb. 28, 1981>
(2) Matters to be registered under paragraph (1) cannot be set up against a third party unless those matters are registered. <Amended by Act No. 3373, Feb. 28, 1981; Act No. 5274, Jan. 13, 1997>
(3) The court shall publicly announce, without delay, the registered matters.
 Article 8-2 (Reports on Property Transfer)
Every school foundation registered pursuant to the provisions of Article 8, shall promptly make a report on the outcomes of the property contribution, accompanied by a certificate of registered matters attesting the property contribution, a certificate issued by relevant financial institutions and documents prescribed by Presidential Decree, to the competent agency. <Amended by Act No. 10580 Apr. 12, 2011>
[This Article Newly Inserted by Act No. 7802, Dec. 29, 2005]
 Article 9 (Legal Capacity of School Foundations)
The provisions of Articles 34 and 35 of the Civil Act shall apply mutatis mutandis to school foundations' legal capacity and capacity to commit an unlawful act. <Amended by Act No. 8888, Mar. 14. 2008>
SECTION 2 Establishment
 Article 10 (Permission for Establishment)
(1) Anyone who intends to establish a school foundation shall contribute a certain property for establishment, formulate the articles of association including the following matters, and obtain permission from the Minister of Education, as prescribed by Presidential Decree. In such cases, when establishing a school foundation who establishes and operates a technology college, the relevant enterprise shall contribute a certain property in advance, as prescribed Presidential Decree: <Amended by Act No. 1664, Nov. 10, 1964; Act No. 4226, Apr. 7, 1990; Act No. 4268, Dec. 27, 1990; Act No. 5274, Jan. 13, 1997; Act No. 6400, Jan. 29, 2001; Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
1. Objectives;
2. Name;
3. Type and name of the private school to be established and operated;
4. Seat of the office;
5. Matters concerning assets and accounting;
6. Matters concerning fixed number of executives, and appointment and dismissal of such executives;
7. Matters concerning the board of directors;
8. If the school foundation desires to run a profit-making business, the type and other matters concerning the business;
9. Matters concerning modifications of the articles of association;
10. Matters concerning dissolution;
11. Matters concerning public announcement and the method thereof;
12. Other matters to be provided for in the articles of association under this Act.
(2) The executives of a school foundation as at the time of its establishment shall be determined by the articles of association.
(3) In determining the matters prescribed in paragraph (1) 6, a school foundation who establishes and operates a technology college shall nominate, as its executive, a person who works for the relevant enterprise, as prescribed by Presidential Decree. <Newly Inserted by Act No. 5274, Jan. 13, 1997>
(4) In determining the matters prescribed in paragraph (1) 10, persons who receive the residual assets shall be selected from managers of school foundations or any other educational enterprises.
 Article 10-2 (Entry of Contributors in Articles of Association)
(1) Every school foundation may enter the matters falling under each of the following subparagraphs, in addition to the matters referred to in each subparagraph of Article 10 (1), in the articles of association in order to protect the contribution intention of every contributor who has contributed a certain property and to honor his contribution:
1. The name and the date of birth of the contributor;
2. The details of the contributed property, the appraisal standards and the amount;
3. The contributor's intention of contributing his property.
(2) With respect to anyone who has contributed or donated his property whose value exceeds a certain amount prescribed by Presidential Decree after any school foundation is established other than the contributors referred to in paragraph (1), the matters referred to in each subparagraph of paragraph (1) may be entered in the articles of association according to his wish.
[This Article Newly Inserted by Act No. 7802, Dec. 29, 2005]
 Article 11 (Supplement to Articles of Association)
(1) If a person who intends to establish a school foundation has died after having determined the matters concerning the objectives and assets among those referred to in the subparagraphs of Article 10 (1), the Minister of Education may determine other matters upon the application of any interested person. <Amended by Act No. 3373, Feb. 28, 1981; Act No. 4226, Apr. 7, 1990; Act No. 4268, Dec. 27, 1990; Act No. 6400, Jan. 29, 2001; Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(2) In cases falling under paragraph (1), if no interested person exists or no application is made, the Minister of Education may determine ex officio the matters prescribed in paragraph (1). <Amended by Act No. 3373, Feb. 28, 1981; Act No. 4268, Dec. 27, 1990; Act No. 5274, Jan. 13, 1997; Act No. 6400, Jan. 29, 2001; Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
 Article 12 (Time of Establishment)
A school foundation shall come into existence by making registration for establishment at the seat of its principal office.
 Article 13 (Application Mutatis Mutandis of Civil Act)
The provisions of Articles 47, 48, 50 through 54 and 55 (1) of the Civil Act shall apply mutatis mutandis to the establishment of school foundations. <Amended by Act No. 8888, Mar. 14. 2008>
SECTION 3 Organization
 Article 14 (Executives)
(1) Every school foundation shall have, as its executives, seven directors or more and two auditors or more: Provided, That a school foundation which establishes and operates only a kindergarten may have five directors or more and one auditor or more as its executives.<Amended by Act No. 1664, Nov. 10, 1964; Act No. 4226, Apr. 7, 1990; Act No. 5274, Jan. 13, 1997; Act No. 6004, Aug. 31, 1999>
(2) One of the directors shall become the chief director according to the articles of association.
(3) Every school foundation shall select and appoint directors who correspond to one fourth (Provided, That the numbers below decimal point shall be rounded up) of the fixed number of directors referred to in the provisions of paragraph (1) (hereinafter referred to as the "open-type directors") from among the multiples of persons who are recommended by the open-type director recommendation committee referred to in the provisions of paragraph (4). <Amended by Act No. 8545, Jul. 27, 2007>
(4) The open-type director recommendation committee (hereinafter referred to as the "recommendation committee") shall be established at the university deliberation committee referred to in the provisions of Article 26-2 (hereinafter referred to as the "university deliberation committee") or the school operating committee referred to in the provisions of Article 31 of the Elementary and Secondary Education Act (hereinafter referred to as the "school operating committee"), and its organization, operation and composition shall be determined by its articles of association and the fixed number of the members of the recommendation committee shall be odd number not less than five and one half of the members of the recommendation committee shall be recommended by the university deliberation committee or the school operating committee: Provided, That in cases of the school foundation that establishes and operates the university and graduate school of which sole purpose is to train religion leaders as prescribed by the Presidential Decree, the relevant religious group shall recommend one half of the members of the recommendation committee. <Amended by Act No. 8545, Jul. 27, 2007>
(5) In case where the recommendation committee recommends the open-type directors pursuant to the provisions of paragraph (3), its recommendation of such directors shall be completed within 30 days and where it fails to do so within the period, the competent agency shall recommend them. <Amended by Act No. 8545, Jul. 27, 2007>
(6) Detailed matters concerning the recommendation of the open-type directors provided for in the provisions of paragraphs (3) through (5), selection and appointment method, qualifications and standards shall be prescribed by the articles of association under the conditions prescribed by Presidential Decree. <Amended by Act No. 8545, Jul. 27, 2007>
 Article 15 (Board of Directors)
(1) A board of directors shall be established under every school foundation.
(2) The board of directors shall consist of directors.
(3) The chief director shall convene the board of directors and preside over the meetings.
(4) The auditors may attend the meetings of the board of directors and present their opinions.
 Article 16 (Functions of Board of Directors)
(1) The board of directors shall deliberate and make decisions on the following: <Amended by Act No. 3373, Feb. 28, 1981; Act No. 3812, May 9, 1986; Act No. 4226, Apr. 7, 1990; Act No. 13938, Feb. 3, 2016>
1. Matters concerning budgets, settlement of accounts, loans, and acquisitions, disposal and management of assets of the school foundation;
2. Matters concerning amendment to the articles of association;
3. Matters concerning merger and dissolution of the school foundation;
4. Matters concerning appointment and dismissal of officers;
5. Matters concerning appointment of the principal and teachers of a private school established by the school foundation;
6. Important matters concerning management of the private school established by the school foundation;
7. Matters concerning profit-making business;
8. Other matters under the jurisdiction of the board of directors pursuant to statutes, regulations, or the articles of association.
(2) If the interest of the chief director or a director conflicts with that of the relevant school foundation, the chief director or the director shall not participate in deciding on the relevant matters.
 Article 17 (Convocation of Board of Directors)
(1) The chief director may, whenever he deems it necessary, convene a meeting of the board of directors.
(2) The chief director shall convene a meeting of the board of directors within twenty days from the date when the meeting is requested on the grounds of the following reasons:
1. When a majority of the total directors on the register roll has requested a meeting, indicating the purpose of the proposed meeting;
2. When an auditor has requested a meeting under Article 19 (4) 4.
(3) When a meeting of the board of directors is to be convened, a notice indicating clearly the purpose of the meeting shall be made to each director at least seven days prior to the date of the meeting: Provided, That this provision shall not apply when all the directors have requested the meeting and all attend the meeting.
(4) When a meeting of the board of directors is to be convened, if it is impossible to convene the meeting for seven days or more because the person who holds the right to convene the meeting, is absent or evades the duty of convening the meeting, a majority of the total directors on the register roll may convene the meeting with their approval: Provided, That in case where the person who holds the right to convene a meeting of the board of directors evades convening the meeting, such meeting shall be convened upon approval therefor from the competent agency. <Amended by Act No. 4226, Apr. 7, 1990; Act No. 5274, Jan. 13, 1997; Act No. 7802, Dec. 29, 2005>
 Article 18 (Quorum for Commencing Proceedings and Quorum for Passing Resolutions)
(1) The board of directors shall, except as otherwise provided for in the articles of association, open with the attendance of a majority of the total directors on the roster and resolve with the concurrent vote of a majority of the fixed number of directors, which is prescribed by the articles of association. <Amended by the Act No. 7802, Dec. 29, 2005; Act No. 11216, Jan. 26, 2012>
(2) The board of directors may hold a meeting via a video conference attended by a director located in another place equipped with devices simultaneously transmitting and receiving videos and voice. In such cases, the relevant director shall be deemed to have attended a meeting of the board of directors. <Newly Inserted by the Act No. 11216, Jan. 26, 2012>
 Article 18-2 (Preparation of Minutes and their Publication)
(1) The board of directors shall prepare minutes in which the matters falling under each of the following paragraphs are entered: Provided, That in case where circumstances make it difficult to prepare the minute on the day when the board of directors holds its meeting, a meeting record in which the results of deliberation and resolution by each agenda are entered may be prepared:
1. The date and time when the board of directors opens, suspends and closes its meeting;
2. Agenda;
3. The deliberations;
4. The names of executives and employees present at the meeting of the board of directors;
5. The number of voting;
6. Other matters deemed necessary by the chief director.
(2) All the executives present at the meeting of the board of directors shall affix their signatures to the minute or the meeting record in a manner that their names are easily identified and in case where the minute or the meeting record consists of not less than 2 sheets, they shall affix their signatures to the spaces of such sheets: Provided, That the board of directors shall elect three directors among the executives present at the meeting so that they may affix their signature to the spaces of the minutes or the meeting record or affix their seals between pages as representatives. <Amended by Act No. 8545, Jul. 27, 2007>
(3) In cases where the meeting record is prepared pursuant to the proviso of paragraph (1), the minute shall be prepared as soon as possible: Provided, That when the minute is urgently needed, the meeting record may be submitted to the competent agency in lieu of the minute.
(4) All of the minutes shall be published: Provided, That with respect to the matters that are prescribed by the Presidential Decree, such matters may not be published after obtaining a resolution thereon of the board of directors.
(5) The period during which the minute is published, the procedures for publishing the minute and other necessary matters shall be prescribed by the Presidential Decree.
[This Article Newly Inserted by Act No. 7802, Dec. 29, 2005]
 Article 19 (Duties of Officers)
(1) The chief director shall represent the school foundation concerned, perform the duties as provided for in this Act and the articles of association, and supervise and control the internal affairs of the school foundation concerned.
(2) If the chief director is absent or unable to perform his duties by accident, a director shall act for him in accordance with the articles of association and if there is no such provision in the articles of association, the director elected from among the directors shall act for him.
(3) The directors shall attend meetings of the board of directors and deliberate and make decisions on matters concerning the affairs of the school foundation, and take charge of the matters delegated by the board of directors or the chief director.
(4) The auditors shall perform the following duties: <Amended by Act No. 3373, Feb. 28, 1981; Act No. 4226, Apr. 7, 1990>
1. To audit the state of property and the accounts of the school foundation concerned;
2. To audit matters concerning the operation and duties of the board of directors;
3. To report to the board of directors and the competent agency on illegal or defective points which have been found as a result of audit of matters concerning the state of property of the school foundation or operation and duties of the board of directors;
4. To request the convocation of a meeting of the board of directors, when it is required to make a report as referred to in subparagraph 3;
5. To state their opinions to the chief director or directors concerning the state of property of the school foundation concerned or the operation and duties of the board of directors.
 Article 20 (Appointment and Term of Office of Executives)
(1) Executives shall be appointed by the board of directors, as stipulated in the articles of association.
(2) Executives shall take office with the approval of the competent agency. In such cases, their personal information shall be published, as prescribed by the Minister of Education. <Amended by Act No. 1664, Nov. 10, 1964; Act No. 3373, Feb. 28, 1981; Act No. 4226, Apr. 7, 1990; Act No. 5274, Jan. 13, 1997; Act No. 7802, Dec. 29, 2005; Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(3) The term of office of the chief director, directors and auditors shall be determined by the articles of association and the term of office of the directors shall not exceed five years and they may be reappointed and the term of office of the auditors shall not exceed three years, which may be renewed only one further term. <Amended by Act No. 1664, Nov. 10, 1964; Act No. 7802, Dec. 29, 2005>
 Article 20-2 (Revocation of Approval of Executive's Taking Office)
(1) If an executive has committed any of the following acts, the competent agency may revoke its approval of his taking office: <Amended by Act No. 4226, Apr. 7, 1990; Act No. 7802, Dec. 29, 2005; Act No. 8545, Jul. 27, 2007>
1. When he violates the provisions of this Act, the Elementary and Secondary Education Act or the Higher Education Act or fails to execute orders given pursuant to those Acts;
2. When he causes a dispute between executives or commits fraudulent accounting or other serious injustice, which results in seriously impeding the operation of the relevant school;
3. When he infringes on the authority of the head of a relevant school in regard to school administration;
4. and 5. Deleted; <by Act No. 8545, Jul. 27, 2007>
6. When he refuses to go along with the request of the competent agency to discipline the head of school;
7. Deleted. <by Act No. 8545, Jul. 27, 2007>
(2) The revocation of the approval of taking office under paragraph (1) shall be effected only when fifteen days have elapsed without correction from the date on which the competent agency requested the school foundation to correct the action, accompanied by a statement of the reasons therefor: Provided, That in case where even if the correction is requested, it is clear that such correction cannot be made and the extent of the accounting fraud, the embezzlement and the offering and taking of bribe is serious, the approval granted for the officer to take office may be revoked without the request of correction and detailed standards therefor shall be set by the Presidential Decree. <Amended by Act No. 3373, Feb. 28, 1981; Act No. 4226, Apr. 7, 1990; Act No. 7802, Dec. 29, 2005>
(3) Deleted. <by Act No. 4226, Apr. 7, 1990>
[This Article Newly Inserted by Act No. 1664, Nov. 10, 1964]
 Article 20-3 (Suspension of Officers From Performing Their Duties)
(1) In the case falling under each of the following subparagraphs, the competent agency may suspend the relevant officer from performing his duties within the scope of 60 days and when the grounds of inevitability accrue, the period may be extended within the scope of 60 days:
1. When the inspection or the audit that is conducted for revoking the approval of taking office provided for in the provisions of Article 202 (1) is in progress;
2. When, if the relevant officer continues the performance of his duties during the period in which the correction request is made pursuant to the provisions of Article 20-2 (2), his continued performance of his duties is feared to cause serious damage to the operation of the school foundation or the school concerned.
(2) When the grounds of the suspension of the performance of the officer's duties provided for in the provisions of paragraph (1) come to an end, the competent agency shall immediately cancel the suspension of the performance of his duties.
[This Article Newly Inserted by Act No. 7802, Dec. 29, 2005]
 Article 21 (Restrictions on Appointment of Executive Officers)
(1) At least of the fixed numbers of directors shall be Korean nationals: Provided, That in cases of a school foundation that establishes and operates college educational institutions as determined by Presidential Decree and to whom any person who is not a national of the Republic of Korea has contributed the property equivalent to one-half or more of the basic property of the school foundation, less than two-thirds of the fixed number of directors may not be nationals of the Republic of Korea. <Amended by Act No. 5345, Aug. 22, 1997>
(2) In organizing the board of directors, those who have kinship with each other as defined in Article 777 of the Civil Act, shall not exceed one-fourth of the fixed number of directors. <Amended by Act No. 4226, Apr. 7, 1990; Act No. 6004, Aug. 31, 1999; Act No. 7802, Dec. 29, 2005; Act No. 8888, Mar. 14. 2008>
(3) At least one-third of the fixed number of directors shall be those who have experience in education for three or more years. <Amended by Act No. 3812, May 9, 1986; Act No. 5274, Jan. 13, 1997>
(4) The auditors shall not have kinship as defined in Article 777 of the Civil Act with each other or with directors. <Amended by Act No. 6004, Aug. 31, 1999; Act No. 8888, Mar. 14. 2008>
(5) One of the auditors who are posted in a school foundation shall be the person who is recommended by the recommendation committee. <Amended by Act No. 8545, Jul. 27, 2007>
(6) In cases where any school foundation is larger than the standard prescribed by Presidential Decree, one of the auditors shall be the person who is qualified as a certified public accountant. <Newly Inserted by Act No. 3373, Feb. 28, 1981>
(7) In cases where a request is made to approve the appointment of the person falling under each of the following subparagraphs as an executive, the consent of not less than 2/3 of the directors on the roster shall be obtained: <Newly Inserted by Act No. 7802, Dec. 29, 2005>
1. The person for whom 5 years have elapsed from the date the approval for taking office as an executive was revoked pursuant to the provisions of Article 20-2;
2. The person for whom 5 years have elapsed from the date he was fired pursuant to the provisions of Article 61;
3. The person for whom 3 years have elapsed from the date on he was dismissed from the position of the head of school pursuant to the provisions of Article 54-2.
 Article 22 (Disqualifications of Executives)
Any person who falls under any of the following subparagraphs can not become an executive of school foundations: <Amended by Act No. 3458, Nov. 23, 1981; Act No. 4226, Apr. 7, 1990; Act No. 7802, Dec. 29, 2005; Act No. 8888, Mar. 14. 2008>
1. A person who falls under the provisions of Article 33 of the State Public Officials Act;
2. A person for whom 5 years have not yet elapsed from the date the approval for taking office as an executive was revoked pursuant to the provisions of Article 20-2;
3. A person for whom 3 years have not yet elapsed from the date he was released from office by a request for dismissal under Article 54-2;
4. A person for whom 5 years have not yet elapsed from the date he was fired pursuant to the provisions of Article 61;
5. A person who has retired after having worked as a public official of Grade Ⅳ or higher in charge of the educational administration or a public official of Grade Ⅳ or higher in charge of education and for whom 2 years have not yet elapsed from the date he retired.
[This Article Wholly Amended by Act No. 2587, Mar. 10, 1973]
 Article 23 (Prohibition from Concurrently Holding Office)
(1) The chief director shall not concurrently hold the office of the head of a private school established and operated by the relevant school foundation: Provided, That in cases of the chief director of the school foundation that establishes and operates kindergartens only, he may concurrently hold the office of the head of the relevant kindergarten. <Amended by Act No. 8545, Jul. 27, 2007>
(2) The director shall not concurrently hold the office of an auditor, a teacher or other employee of a private school established and operated by the school foundation concerned: Provided, That this provision shall not apply to the head of the school.
(3) The auditor shall not concurrently hold the office of the chief director, a director or an employee of the school foundation concerned (including a teacher or other employee of the private school established and operated by the school foundation concerned).
(4) Deleted. <by Act No. 4226, Apr. 7, 1990>
 Article 24 (Filling Vacancies)
If a vacancy occurs in the office of directors or auditors, it shall be filled within two months.
 Article 24-2 (Establishment and Functions of Private School Dispute Mediation Committee)
(1) A private school dispute mediation committee shall be established under the jurisdiction of the Minister of Education (hereinafter referred to as the "mediation committee") to deliberate on important matters concerning the selection and appointment of temporary directors under Article 25, dismissal of temporary directors under Article 25-2 and normalization, etc. of school foundations for which temporary directors are selected and appointed under Article 25-3. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(2) The mediation committee shall deliberate on the following:
1. Matters concerning selection and appointment of temporary directors;
2. Matters concerning dismissal of temporary directors;
3. Matters concerning progress of normalization of school foundations for which temporary directors are selected and appointed;
4. Other matters requested by the competent agency for the mediation committee's deliberation.
(3) The mediation committee shall, without delay, notify the competent agency of the results of deliberation on the matters prescribed in each subparagraph of paragraph (2).
(4) The competent agency shall respect the results of deliberation notified under paragraph (3): Provided, That if the competent agency has any objection to the results of deliberation, it shall request the mediation committee to re-deliberate the relevant matters and accept the results of re-deliberation.
[This Article Newly Inserted by Act No. 8545, Jul. 27, 2007]
 Article 24-3 (Composition of Mediation Committee)
(1) The mediation committee shall consist of the members falling under any of the following subparagraphs commissioned by the President and its chairperson shall be elected among the persons recommended by the Chief Justice of the Supreme Court:
1. Three persons recommended by the President;
2. Three persons recommended by the Speaker of the National Assembly;
3. Five persons recommended by the Chief Justice of the Supreme Court.
(2) The term of office of the committee members shall be two years and reappointed only once.
(3) Any necessary matters on the organization and operation, etc. of the mediation committee shall be determined by Presidential Decree.
[This Article Newly Inserted by Act No. 8545, Jul. 27, 2007]
 Article 24-4 (Qualifications of Members of Mediation Committee)
(1) Members of mediation committee shall be those falling under any of the following subparagraphs:
1. Those who have fifteen or more years of work experience as a judge, a public prosecutor, a military judicial officer or an attorney-at-law;
2. Those who have fifteen or more years of teaching experience and worked as a head of the university, a dean or a principal of the elementary school or the secondary school;
3. Those who have fifteen or more years of teaching experience whose position is higher than the associate professor at the university;
4. Accountants who have fifteen or more of accounting work experience;
5. Those who have fifteen or more years of work experience as public officials and worked as high ranking public officials at educational administrative agencies.
(2) Those who fall under any of the subparagraphs prescribed in Article 22 can not become the committee members.
[This Article Newly Inserted by Act No. 8545, Jul. 27, 2007]
 Article 25 (Appointment of Temporary Directors)
(1) In cases falling under each of the following subparagraphs, the competent agency shall select and appoint temporary directors upon receiving a claim filed by interested persons or ex officio through the deliberation of the mediation committee: <Amended by Act No. 7802, Dec. 29, 2005; Act No. 8545, Jul. 27, 2007; Act No. 11216, Jan. 26, 2012>
1. When the normal operation of the school foundation is judged to be difficult on the grounds that the school foundation fails to fill the vacancies of directors;
2. When the approval for the executives of the school foundation to take office is revoked pursuant to the provisions of Article 20-2. Provided, That the same shall be limited to the cases where the approval for the executives to take office is revoked with respect to the directors who exceed the quorum of the board of directors referred to in Article 18 (1);
3. When temporary directors are dismissed pursuant to the provisions of Article 25-2.
(2) Temporary directors shall make efforts so that any causes referred to in paragraph (1) may be removed as soon as possible.
(3) Temporary directors shall hold office until a cause referred to in paragraph (1) is removed: Provided, That their term of office may not exceed three years from the date they are selected and appointed. <Amended by Act No. 8545, Jul. 27, 2007>
(4) Temporary directors shall not be appointed as the executives referred to in Article 20.
(5) The competent agency may ask any corporation for which temporary directors are selected and appointed to convene a meeting of the board of directors. <Newly Inserted by Act No. 7802, Dec. 29, 2005>
(6) Among the school foundation for which the temporary directors are selected and appointed, the minimum operating expenses of the board of directors and labor cost of staff in charge of clerical services of the financially poor school foundation may be supported by the State or local governments. <Amended by Act No. 8545, Jul. 27, 2007>
[This Article Wholly Amended by Act No. 6004, Aug. 31, 1999]
 Article 25-2 (Dismissals of Temporary Directors)
In cases falling under each of the following subparagraphs, the competent agency may dismiss all or part of the temporary directors through the deliberation of the mediation committee: <Amended by Act No. 8545, Jul. 27, 2007>
1. Where the temporary directors fall under any subparagraph of Article 33 of the State Public Officials Act;
2. Where the temporary directors grossly neglect the performance of their duties;
3. Where the temporary directors perform the act falling under any subparagraph of Article 20-2 (1).
[This Article Newly Inserted by Act No. 7802, Dec. 29, 2005]
 Article 25-3 (Normalization of School Foundation for which Temporary Directors are Selected and Appointed)
(1) When the grounds of the selections and appointments of temporary directors who are selected and appointed pursuant to the provisions of Article 25 are deemed to be annulled, notwithstanding the provisions of Article 20, the competent agency shall promptly dismiss them through the deliberation of the mediation committee and select and appoint directors. <Amended by Act No. 8545, Jul. 27, 2007>
(2) The school foundation for which temporary directors are selected and appointed shall report the result of progress of the normalization to the mediation committee not less than once every year. <Amended by Act No. 8545, Jul. 27, 2007>
(3) The mediation committee shall evaluate the result of progress referred to in paragraph (2) and notify the competent agency of the matters on the dismissal of temporary directors and whether the normalization is achieved. <Amended by Act No. 8545, Jul. 27, 2007>
(4) Deleted. <by Act No. 8545, Jul. 27, 2007>
[This Article Newly Inserted by Act No. 7802, Dec. 29, 2005]
 Article 26 (Restrictions on Remuneration for Executives)
(1) No remuneration shall be paid to executives of a school foundation other than the full-time executives as referred to in articles of association: Provided, That reimbursement of actual expenses shall be made to them. <Amended by Act No. 3373, Feb. 28, 1981; Act No. 5274, Jan. 13, 1997>
(2) The school foundation may pay living costs, medical expenses and funeral expenses to the persons who have donated or contributed to the school foundation concerned, property equivalent to one third or more of the basic property of the school foundation, and who have difficulty in making a living within the limit that the school foundation concerned makes a profit: Provided, That the same shall not apply to those who receive remuneration pursuant to the provisions of paragraph (1). <Newly Inserted by Act No. 3114, Dec. 5, 1978; Act No. 3812, May 9, 1986; Act No. 5274, Jan. 13, 1997>
(3) The criteria of persons who have difficulty in making a living, among those who have donated or contributed the property as referred to in paragraph (2), and the extent of living costs, medical expenses and funeral expenses shall be determined by Presidential Decree. <Newly Inserted by Act No. 3114, Dec. 5, 1978>
 Article 26-2 (University Deliberation Committee)
(1) The university deliberation committee mandated to deliberate on the matters falling under any of the following subparagraphs shall be set up in each of university educational institutions: Provided, That the matters in subparagraphs 3 and 4 shall be subject to consultation:
1. Matters concerning development plan of the university;
2. Matters concerning establishment or amendment of school regulations;
3. Matters concerning establishment or amendment of a charter of the university;
4. Matters concerning operation of university educational course;
5. Matters concerning recommendation by the members of recommendation committee;
6. Other important matters concerning education determined by the articles of association.
(2) Necessary matters concerning the organization, the operation, etc. of the university deliberation committee shall be prescribed by the articles of association under the conditions prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 8545, Jul. 27, 2007]
 Article 27 (Application Mutatis Mutandis of Civil Act)
The provisions of Articles 59 (2), 61, 62, 64 and 65 of the Civil Act shall apply mutatis mutandis to the chief director and directors of a school foundation: Provided, That "other persons" in Article 62 of the Civil Act shall be construed as "other directors." <Amended by Act No. 8888, Mar. 14, 2008>
SECTION 4 Property and Accounting
 Article 28 (Management and Protection of Property)
(1) Where every school foundation intends to sell, donate or exchange basic property, use it for other purpose, give it as security, or bear any obligation, or waive any rights, he shall obtain permission from the competent agency: Provided, That insignificant matters prescribed by Presidential Decree shall be reported to the competent agency. <Amended by Act No. 4226, Apr. 7, 1990; Act No. 5274, Jan. 13, 1997>
(2) Such portion as determined by Presidential Decree of the property owned by the school foundation and used directly for school education shall not be sold or given as security. <Amended by Act No. 1664, Nov. 10, 1964>
(3) Any right to collect tuition fees or other money due (referring to admission fees or school operating assistance expenses; hereinafter the same shall apply) referred to in Article 10 of the Elementary and Secondary Education Act and Article 11 of the Higher Education Act and deposit claims on revenues managed in a separate account pursuant to Article 29 (2) of this Act shall not be seized. <Newly Inserted by Act No. 5683, Jan. 21, 1999; Act No. 8888, Mar. 14. 2008; Act No. 14154, May 29, 2016>
 Article 29 (Keeping Separate Accounts)
(1) A school foundation shall keep accounts that belong to a school established and operated by the school foundation separately from the accounts that belong to the business of the corporation.
(2) Accounts that belongs to a school referred to in paragraph (1) may be divided into accounts of school expenses and accounts of an affiliated hospital (limited to where an affiliated hospital exists) and the accounts of school expenses shall be divided into the accounts of tuition fees and the accounts of non-tuition fees, and matters concerning revenue and expenditure of each account shall be determined by Presidential Decree, and donations, tuition fees, or other charges the school accepts shall go to the revenues of school expenses and be managed in a separate account. <Amended by Act No. 5683, Jan. 21, 1999; Act No. 10906, Jul. 25, 2011; Act No. 11622, Jan. 23, 2013>
(3) Accounts that belong to the business of the corporation referred to in paragraph (1) may be divided into accounts of the general business and accounts of the profit-making business referred to in Article 6.
(4) The budget for the accounts that belong to a school referred to in paragraph (2) shall be compiled by the head of the relevant school and it shall be confirmed and executed in accordance with the following procedures: <Amended by Act No. 7802, Dec. 29, 2005; Act No. 11622, Jan. 23, 2013; Act No. 13224, Mar. 27, 2015>
1. A college educational institution: It shall be confirmed through deliberation and resolution by the board of directors and executed by the head of the relevant school, following deliberation and resolution by the enrollment fee deliberation committee established under Article 11 (2) of the Higher Education Act (hereinafter referred to as "enrollment fee deliberation committee");
2. A school defined in Article 2 of the Elementary and Secondary Education Act: It shall be confirmed through deliberation and resolution by the board of directors and executed by the head of the relevant school, following consultation thereon by the school operating committee;
3. A kindergarten: It shall be executed by the head of the relevant school following consultation thereon by the kindergarten operation committee established under Article 19-3 of the Early Childhood Education Act: Provided, That it shall be executed by the head of the relevant school if a kindergarten operation committee is not established.
(5) Deleted. <by Act No. 7802, Dec. 29, 2005>
(6) Neither revenues nor property that belongs to the accounts of school expenses referred to in paragraph (2) shall be diverted or loaned to other accounts: Provided, That the same shall not apply to the following cases: <Amended by Act No. 8545, Jul. 27, 2007; Act No. 12125, Dec. 30, 2013>
1. Where they are used to repay the principal and interest of borrowings;
2. Where fundamental property for education purposes gratuitously reverts to the State, a local government, or a research institution for public, educational, or research purposes: Provided, That this shall only applicable where the standards determined by Presidential Decree are satisfied.
(7) Deleted. <by Act No. 8545, Jul. 27, 2007>
[This Article Wholly Amended by Act No. 3373, Feb. 28, 1981]
 Article 30 (Fiscal Year)
The fiscal year of a school foundation shall coincide with the school year of a private school established and operated by the school foundation.
 Article 31 (Submission of Budget and Settlement of Accounts)
(1) Every school foundation shall report its budget to the competent agency and publish its budget before the commencement of each fiscal year, and report the settlement of accounts to the competent agency and publish the same after the end of each fiscal year, as prescribed by Presidential Decree. <Amended by Act No. 1664, Nov. 10, 1964; Act No. 4226, Apr. 7, 1990; Act No. 7802, Dec. 29, 2005>
(2) When the competent agency deems that the budget reported under paragraph (1) is compiled in violation of the statutes, regulations, etc. related to accounting, it may guide the correction of such budget. <Amended by Act No. 3373, Feb. 28, 1981; Act No. 4226, Apr. 7, 1990; Act No. 8888, Mar. 14, 2008>
(3) The settlement of accounts belonging to the schools shall go through the following procedures: Provided, That the same shall not apply to kindergartens: <Newly Inserted by Act No. 4226, Apr. 7, 1990; Act No. 6004, Aug. 31, 1999; Act No. 7802, Dec. 29, 2005; Act No. 11622, Jan. 23, 2013>
1. A college educational institution: It shall undergo consultation by the university deliberation committee and deliberation and resolution of the enrollment fee deliberation committee;
2. A school defined in Article 2 of the Elementary and Secondary Education Act: It shall undergo consultation by the school operating committee.
(4) When a school foundation submits a report of settlement of accounts pursuant to paragraph (1), such a report shall be accompanied by an audit report to which all auditors of the relevant school foundation affix their signatures and seals. In such cases, a school foundation that establishes and manages a college educational institution shall submit an audit certificate and supplementary documents (excluding the settlement of accounts of school expenses referred to in Article 4 (1) 1) issued by a certified public accountant or an accounting corporation independent of such school foundation. <Amended by Act No. 11622, Jan. 23, 2013>
(5) Matters necessary concerning the publication under paragraph (1) shall be prescribed by Presidential Decree. <Amended by Act No. 7802, Dec. 29, 2005; Act No. 11622, Jan. 23, 2013>
 Article 31-2 (Supervision of External Audit)
(1) The Minister of Education may supervise the audit certificate and supplementary documents submitted under the latter part of Article 31 (4), if necessary.
(2) The Minister of Education may wholly or partially entrust supervision duties provided in paragraph (1) to a corporation or an organization specializing in external audits and supervision, as prescribed by Presidential Decree.
(3) Other necessary matters, including supervision, shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 15040, Nov. 28, 2017]
Inserted by Act No. 11622, Jan. 23, 2013]
 Article 32 (Preparation and Keeping of Property Inventory)
(1) School foundations shall prepare an inventory of property, a balance sheet, a statement of accounts on revenues and expenditures and other necessary account books and documents within two months after the end of each fiscal year, and always keep them at their offices. <Amended by Act No. 5274, Jan. 13, 1997>
(2) The types and forms of account books and documents to be kept under paragraph (1) shall be determined by Ordinance of the Ministry of Education. <Amended by Act No. 3373, Feb. 28, 1981; Act No. 4268, Dec. 27, 1990; Act No. 6400, Jan. 29, 2001; Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
 Article 32-2 (Accumulated Funds)
(1) The head of each college educational institution and the chief director of each school foundation that establishes and manages a college educational institution may accumulate funds (hereinafter referred to as "accumulated funds") necessary for the new construction, expansion, remodeling and repair of educational facilities, for the payment of scholarships to students, and for the provision of support to school personnel for research activities: Provided, That the accumulation of funds from the accounts of tuition fees shall be limited to an amount equivalent to the amount of depreciation expenses of buildings for the relevant year for the purpose of new construction, expansion, remodeling and repair of educational facilities. <Amended by Act No. 14468, Dec. 27, 2016>
(2) Accumulated funds shall be classified into the funds for preservation of principal and for voluntary accumulation, and shall consist of funds for research, funds for construction, funds for scholarships, funds for retirement allowances, and other extraordinary funds for specified purposes according to the characteristics thereof. <Amended by Act No. 14468, Dec. 27, 2016>
(3) Accumulated funds shall be managed by being deposited as a fund and shall be used only for the purposes of the accumulation: Provided, That accumulated funds in an amount equivalent to the amount after the exclusion of the funds transferred from the accounts of tuition fees to the accounts of non-tuition fees may be invested in corporations through any of the following methods: <Amended by Act No. 11622, Jan. 23, 2013; Act No. 14468, Dec. 27, 2016>
1. Acquisition of securities referred to in each subparagraph of Article 4 (2) of the Financial Investment Services and Capital Markets Act within 1/2 of the accumulated funds;
2. Investment in venture businesses established using a new technology, patent, etc., developed by the staff or a student of the relevant college educational institution prescribed in the Act on Special Measures for the Promotion of Venture Businesses within 1/10 of the accumulated funds.
(4) The head of a college educational institution and the chief director of a school foundation that establishes and manages a college educational institution shall file a report on its investment performance with the Minister of Education if the corporation in which it has invested accumulated funds pursuant to the proviso of paragraph (3) is in an affiliated relationship prescribed by Presidential Decree. <Newly Inserted by Act No. 15040, Nov. 28, 2017>
(5) The Minister of Education may take necessary measures in relation to whether college educational institutions and school foundations that establish and manage college educational institutions shall accumulate funds, how much and long they shall accumulate funds, their investment, etc., in consideration of the financial standing of such college educational institutions and school foundations and other factors. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14468, Dec. 27, 2016; Act No. 15040, Nov. 28, 2017>
(6) Detailed matters prescribed in the proviso of paragraph (1), such as the method of calculating depreciation expenses, and when and how to file a report on investment performance pursuant to paragraph (4), shall be determined by Ordinance of the Ministry of Education. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14468, Dec. 27, 2016; Act No. 15040, Nov. 28, 2017>
[This Article Newly Inserted by Act No. 10906, Jul. 25, 2011]
 Article 32-3 (Establishment of Fund Operation Deliberative Committee)
(1) The head of a college educational institution and the chief director of a school foundation that establishes and manages a college educational institution shall establish a fund operation deliberative committee to deliberate on the administration and management of the Fund it deposits pursuant to Article 32-2 (3).
(2) A fund operation deliberative committee shall be comprised of seven members, which shall include one chairperson and at least one external expert in accounting or finance.
(3) The members of a fund operation deliberative committee are not subject to any instructions or external intervention when performing their duties.
(4) The organization and operation of a fund operation deliberative committee and other necessary matters shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 15040, Nov. 28, 2017]
 Article 32-4 (Balance Carried Over)
(1) In compiling and executing the budget for school expenses for the relevant fiscal year, the head of a college educational institution and the chief director of a school foundation that establishes and manages a college educational institution shall endeavor to minimize a balance carried over.
(2) Where the balance carried over of a college educational institution is excessive compared with its financial scale, the Minister of Education may take necessary measures, such as a request for corrective measures, in order to reduce the balance carried over. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Newly Inserted by Act No. 11622, Jan. 23, 2013]
 Article 33 (Accounting Regulations)
The accounting regulations of school foundations and other necessary matters concerning the budget and accounting shall be determined by the Minister of Education. <Amended by Act No. 4226, Apr. 7, 1990; Act No. 4268, Dec. 27, 1990; Act No. 6400, Jan. 29, 2001; Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
SECTION 5 Dissolution and Merger
 Article 34 (Grounds for Dissolution)
(1) A school foundation shall be dissolved on any of the following grounds: <Amended by Act No. 4268, Dec. 27, 1990; Act No. 6400, Jan. 29, 2001; Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
1. Where any of the grounds for dissolution specified in the articles of association arises;
2. Where it is impossible to achieve the objectives;
3. Where it merges with another school foundation;
4. Where it becomes bankrupt;
5. Where the Minister of Education issues an order of dissolution under Article 47.
(2) The dissolution on the ground provided for in paragraph (1) 2 shall require the consent of at least 2/3 of the fixed members of the board of directors and the approval of the Minister of Education. <Amended by Act No. 3373, Feb. 28, 1981; Act No. 4268, Dec. 27, 1990; Act No. 6400, Jan. 29, 2001; Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
 Article 35 (Reversion of Residual Property)
(1) The residual property of a dissolved school foundation shall revert to the persons designated in the articles of association when a report on completion of liquidation is filed with the Minister of Education, except in cases of merger and bankruptcy. <Amended by Act No. 4268, Dec. 27, 1990; Act No. 6400, Jan. 29, 2001; Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(2) The property of a school foundation that establishes and operates a college educational institution, among the property not disposed of under paragraph (1), shall revert to the national treasury, and that of a school foundation which establishes and operates a school prescribed in Article 4 (1) 1, to the relevant local government, respectively. <Amended by Act No. 4226, Apr. 7, 1990; Act No. 5274, Jan. 13, 1997>
(3) The State or local governments shall grant the property reverting to the national treasury or local governments under paragraph (2) to other school foundations as concession, gratuitous loans or subsidies to support the education of private schools, or use them for other educational projects. <Amended by Act No. 4226, Apr. 7, 1990>
(4) The property reverting to the national treasury under paragraph (2) shall be managed by the Minister of Education and those reverting to a local government, by the Superintendent of the Office of Education of the relevant City/Do; if the Minister of Education or the Superintendent of the Office of Education of the relevant City/Do intends to dispose of such property under paragraph (3), he/she shall obtain prior consent, respectively from the Minister of Strategy and Finance or the Minister of Education. <Amended by Act No. 4226, Apr. 7, 1990; Act No. 4268, Dec. 27, 1990; Act No. 4347, Mar. 8, 1991; Act No. 5274, Jan. 13, 1997; Act No. 5982, May 24, 1999; Act No. 6400, Jan. 29, 2001; Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
 Article 35-2 (Special Cases for Dissolution and Reversion of Residual Property)
(1) Where a school foundation that establishes and operates various kinds of schools equivalent to or lower than high schools has difficulty in achieving the objectives thereof due to a sharp decrease in the number of students, it may be dissolved with authorization from the Superintendent of the Office of Education notwithstanding the provisions of Article 34 (1).
(2) Any school foundation who intends to obtain authorization from the Superintendent of the Office of Education pursuant to paragraph (1) shall submit an application for dissolution accompanied by a disposal plan for residual property to the Superintendent of the Office of Education.
(3) The dissolution referred to in paragraph (1) and the disposal plan for residual property referred to in paragraph (2) shall be subject to the consent of two-thirds or more of the fixed number of members of the board of directors.
(4) The State or a local government may render supports falling under each of the following subparagraphs so as to have the school foundations which are dissolved under the provisions of paragraph (1) make a smooth dissolution: <Newly Inserted by Act No. 7118, Jan. 29, 2004>
1. Payment of grant for dissolution encouragement within the scope of less than 30/100 of the value of appraisal and assessment of basic properties retained by the school foundation at the time of applying for authorization of dissolution;
2. Purchase of properties directly used for the school education from among the basic properties retained by the school foundation at the time of applying for authorization of dissolution.
(5) A private school readjustment and examination committee shall be established under the Superintendent of the Office of Education in order to examine the matters on the dissolution of school foundations under paragraph (1), disposal of residual property thereof under paragraph (2), and financial supports under paragraph (4). <Amended by Act No. 7118, Jan. 29, 2004>
(6) The matters on the organization and operation of private school readjustment and examination committees referred to in paragraph (5) shall be prescribed by the Presidential Decree. <Amended by Act No. 7118, Jan. 29, 2004>
(7) Any school foundation dissolved pursuant to paragraphs (1) through (5) may, notwithstanding the provisions of Article 10 (4), have all or part of the residual property reverted to any person specified in the disposal plan for residual property referred to in paragraph (2) or contribute it as property for the establishment of public-service corporations referred to in Article 2 of the Act on the Establishment and Operation of Public Interest Corporations. <Amended by Act No. 7118, Jan. 29, 2004; Act No. 8888, Mar. 14. 2008>
[This Article Newly Inserted by Act No. 5345, Aug. 22, 1997]
 Article 36 (Merger Procedures)
(1) If a school foundation intends to merge with another school foundation, the consent of at least 2/3 of the fixed number of members of the board of directors shall be obtained.
(2) The merger under paragraph (1) shall be subject to authorization of the Minister of Education. <Amended by Act No. 3373, Feb. 28, 1981; Act No. 4268, Dec. 27, 1990; Act No. 6400, Jan. 29, 2001; Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(3) If a school foundation intends to obtain authorization under paragraph (2), he/she shall submit an application for authorization accompanied by the articles of association of the school foundation surviving a merger or to be newly established in the course of a merger, and other documents prescribed by Presidential Decree. <Amended by Act No. 1664, Nov. 10, 1964; Act No. 3373, Feb. 28, 1981>
 Article 37 (Merger Procedure)
(1) When a school foundation has obtained the approval under Article 36 (2), it shall prepare its property inventory and balance sheet within fifteen days from the date of receiving a notice of the approval. <Amended by Act No. 3373, Feb. 28, 1981>
(2) The school foundation shall give a public notice within the period as prescribed in paragraph (1) that any creditor who has any objection to the proposed merger shall produce the objection within a fixed period, and a peremptory notice to the same effect shall be given separately to each of the creditors known to the school foundation: Provided, That such period shall be not less than two months. <Amended by Act No. 3373, Feb. 28, 1981>
 Article 38 (Merger Procedure)
(1) A creditor who fails to produce any objection to the proposed merger within the period as prescribed in Article 37 (2), shall be deemed to have given his consent to accept obligation of the school foundation which is to remain after the merger or to be established through the merger. <Amended by Act No. 3373, Feb. 28, 1981>
(2) If a creditor has produced an objection within the period as prescribed in Article 37 (2), the school foundation shall discharge that objection or furnish adequate security. <Amended by Act No. 3373, Feb. 28, 1981>
 Article 39 (Merger Procedure)
In the event that a school foundation is to be established through a merger, affairs concerning the articles of association and the establishment of the school foundation shall be handled jointly by the persons selected and appointed by the respective school foundations concerned.
 Article 40 (Effect of Merger)
A school foundation surviving a merger or to be newly established in the course of a merger, shall succeed to the rights and duties (including the rights and duties arising from the approval of and other dispositions made by the Minister of Education concerning the enterprises managed by the school foundation concerned) of the disappearing school foundation in the merger. <Amended by Act No. 4268, Dec. 27, 1990; Act No. 6400, Jan. 29, 2001; Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
 Article 41 (Time of Merger)
The merger of school foundations shall take effect when the school foundation which continues to exist after the merger, or the school foundation which comes into existence in consequence of the merger, has effected its registration at the seat of the principal office.
 Article 42 (Application Mutatis Mutandis of Civil Act)
(1) The provisions of Articles 79 and 81 through 95 of the Civil Act shall apply mutatis mutandis to the dissolution and liquidation of school foundations: Provided, That the term "directors" in Article 79 of the Civil Act shall be construed as the "chairman of the board of directors". <Amended by Act No. 1664, Nov. 10, 1964; Act No. 8888, Mar. 14. 2008>
(2) The provisions of Article 18 of this Act, and Articles 59 (2), 61, 62, 64 and 65 of the Civil Act shall apply mutatis mutandis to the liquidators of school foundations. <Amended by Act No. 8888, Mar. 14. 2008>
SECTION 6 Support and Supervision
 Article 43 (Support)
(1) When the State or a local government recognizes the necessity of supporting private schools for the purpose of promotion of private school education, it may grant subsidies or render other forms of support to school foundations or private school support organizations which have applied for support in accordance with the Presidential Decree or the Municipal Ordinance of the local government concerned. <Amended by Act No. 1664, Nov. 10, 1964; Act No. 4226, Apr. 7, 1990>
(2) The competent agency shall have the following authorities over the school foundations or private school support organizations which receive the support under paragraph (1) or Article 35 (3): <Amended by Act No. 1664, Nov. 10, 1964; Act No. 3373, Feb. 28, 1981; Act No. 4226, Apr. 7, 1990>
1. If it is necessary for rendering support, the agency may receive reports concerning the affairs or accounting status from such school foundations or private school support organizations;
2. If the budget of the school foundation or the private school support organization concerned is recognized as improper from the point of view of rendering support, the agency may advise that the school foundation concerned alter such budget.
(3) If the State or a local government has supported a school foundation or private school support organization in accordance with para graph (1) or Article 35 (3) and if the support has produced little tangible result and it is recognized as improper to continue such support or the school foundation or private school support organization concerned does not follow the action taken by the competent agency under paragraph (2), the State or the local government may suspend the support thereafter. <Amended by Act No. 1664, Nov. 10, 1964; Act No. 3373, Feb. 28, 1981; Act No. 4226, Apr. 7, 1990>
 Article 43-2 Deleted. <by Act No. 3057, Dec. 31, 1977>
 Article 44 (Preferential Support to Vocational Education)
In the event that the State or a local government desires to support school foundations under Article 43 (1) or 35 (3), it shall give priority to the school foundations that establish and operate vocational schools. <Amended by Act No. 2961, Dec. 31, 1976; Act No. 4226, Apr. 7, 1990>
 Article 45 (Revision to Articles of Association)
(1) Any revision to articles of association of a school foundation shall require a resolution passed by the board of directors with the consent of at least 2/3 of the fixed number of directors.
(2) When a school foundation revises the articles of association pursuant to paragraph (1), it shall report to the Minister of Education with documents determined and publicly notified by the Minister of Education within 14 days. <Amended by Act No. 11690, Mar. 23, 2013>
(3) Upon receipt of a report under paragraph (2), when the Minister of Education deems that revised matters violate Acts and subordinate statues, he/she may order the relevant school foundation to correct or revise such matters within 30 days. <Amended by Act No. 11690, Mar. 23, 2013>
(4) A school foundation which has received an order to correct or revise the relevant matters pursuant to paragraph (3) shall correct or revise them without delay and report such fact to the Minister of Education. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 11216, Jan. 26, 2012]
 Article 46 (Order of Suspension of Profit-Making Businesses)
If it is recognized that a school foundation operating a profit-making businesses under Article 6 (1) falls under any of the following subparagraphs, the competent agency may order the school foundation concerned to suspend such businesses: <Amended by Act No. 4226, Apr. 7, 1990>
1. If the school foundation concerned has used profits resulting from the profit-making businesses for purposes other than the management of the private school established and operated by the school foundation concerned;
2. If continuing such businesses interfere with the education of the private school established and operated by the school foundation concerned.
 Article 47 (Order of Dissolution)
(1) If the Minister of Education deems that any of the following applies to a school foundation, he/she may order the relevant school foundation to dissolve itself: <Amended by Act No. 4268, Dec. 27, 1990; Act No. 6400, Jan. 29, 2001; Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
1. If the school foundation violates any terms and conditions of permission for establishment;
2. If it is impossible for the school foundation to achieve its objectives.
(2) The order of dissolution of a school foundation under paragraph (1) shall be issued only when it is otherwise impossible to achieve the objective of supervision, or when the school foundation fails to comply with a correction order issued by the competent agency until six months elapse from the date such order is issued. <Amended by Act No. 2587, Mar. 10, 1973; Act No. 3373, Feb. 28, 1981; Act No. 4226, Apr. 7, 1990>
 Article 47-2 (Hearings)
Where the Minister of Education intends to issue an order of dissolution to a school foundation pursuant to Article 47, he/she shall hold a hearing. <Amended by Act No. 6400, Jan. 29, 2001; Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
[This Article Newly Inserted by Act No. 5453, Dec. 13, 1997]
 Article 48 (Collection of Reports)
If it is necessary for supervision, the competent agency may order the school foundation or the private school support organization to submit reports, or may inspect account books or documents, or may order necessary measures therefor. <Amended by Act No. 1664, Nov. 10, 1964; Act No. 4226, Apr. 7, 1990>
CHAPTER III MANAGERS OF PRIVATE SCHOOLS
 Article 49 Deleted. <by Act No. 6004, Aug. 31, 1999>
 Article 50 (Change of Organization into School Foundation)
(1) Juristic foundations under the Civil Act among managers of private schools may change their organizations into a school foundation. <Amended by Act No. 8888, Mar. 14. 2008>
(2) Deleted. <by Act No. 6004, Aug. 31, 1999>
 Article 50-2 Deleted. <by Act No. 3057, Dec. 31, 1977>
 Article 51 (Provisions Applicable Mutatis Mutandis)
The provisions of Articles 5, 28 (2), 29, 31 through 33, 43, 44, and 48 shall apply mutatis mutandis to managers of private schools: Provided, That the provisions of Articles 31 through 33 shall apply mutatis mutandis only to the part concerning private schools established and operated by them.
CHAPTER IV TEACHERS OF PRIVATE SCHOOLS
SECTION 1 Qualifications, Appointment, and Duties
 Article 52 (Qualifications)
With regard to the qualifications of teachers of private schools, the provisions concerning the qualifications of teachers of the national and public schools shall apply.
 Article 53 (Appointment of Head of School)
(1) The head of various levels of schools shall be appointed by the school foundations or private school managers who establish and operate the relevant schools. <Amended by Act No. 4226, Apr. 7, 1990; Act No. 13938, Feb. 3, 2016>
(2) Where a school foundation intends to dismiss the head of a college educational institution during his/her term of office pursuant to paragraph (1), the school foundation shall pass a resolution on the dismissal by the board of directors with the consent of at least 2/3 of the fixed number of directors. <Newly Inserted by Act No. 5274, Jan. 13, 1997>
(3) The terms of office for the heads of various levels of schools and the terms of office for the private school managers that are corporations shall be set by the articles of association, and the terms of office for the private school managers who are individuals shall be set by the rules, and such terms of office shall not exceed four years, which may be renewed: Provided, That the head of an elementary school or a secondary school may be reappointed only one further term. <Amended by Act No. 7802, Dec. 29, 2005; Act No. 8545, Jul. 27, 2007>
[This Article Wholly Amended by Act No. 3373, Feb. 28, 1981]
 Article 53-2 (Appointment of Teachers Other than Heads of Schools)
(1) Teachers of various levels of schools shall be appointed by the relevant school foundation or private school manager as follows: <Amended by Act No. 4226, Apr. 7, 1990; Act No. 13938, Feb. 3, 2016>
1. The appointment of teachers of a private school established and operated by a school foundation or a private school manager who is a corporation, shall be determined by the board of directors upon the recommendation of the head of the relevant school;
2. The appointment of teachers of a private school established and operated by a private school manager who is an individual, shall be determined upon the recommendation of the head of the relevant school.
(2) The authority to appoint teachers of a college educational institution may be delegated to the head of school, as prescribed by the articles of association of the relevant school foundation. <Amended by Act No. 4226, Apr. 7, 1990; Act No. 7802, Dec. 29, 2005; Act No. 13938, Feb. 3, 2016>
(3) Teachers of a college educational institution may be appointed by stipulating the terms and conditions of a contract, such as the term of office, salary, working conditions, work and merit agreement, as prescribed by the articles of association of the relevant school foundation. In such cases, the provisions concerning the term of office applicable to the faculty of national or public colleges shall apply mutatis mutandis to the term of office. <Amended by Act No. 6004, Aug. 31, 1999>
(4) Where the term of office for teachers appointed under paragraph (3) expires, the person authorized to appoint the teachers shall give notice (referring to written notice; hereafter in this Article the same shall apply) to the teachers of the fact that their term of office will expire and they are eligible to apply for deliberation on their re-appointment, by no later than four months prior to the expiration of their term of office. <Amended by Act No. 7352, Jan. 27, 2005; Act No. 13938, Feb. 3, 2016>
(5) Where the teachers, in receipt of a notice given under paragraph (4), intend to be re-appointed, they shall apply for deliberation on their re-appointment to the person authorized to appoint the teachers within 15 days from the receipt of the notice. <Newly Inserted by Act No. 7352, Jan. 27, 2005; Act No. 13938, Feb. 3, 2016>
(6) The person requested to deliberate on re-appointment pursuant to paragraph (5) shall decide on whether to re-appoint the relevant teachers, following deliberation on re-appointment by the teachers' personnel committee prescribed in Article 53-4, and then shall give notice to the relevant teachers of the decision by no later than two months prior to the expiration of their term of office. In such cases, if he/she decides not to reappoint the relevant teachers, he/she shall specify in the notice the purport of, and the grounds for, refusing the re-appointment. <Newly Inserted by Act No. 7352, Jan. 27, 2005; Act No. 13938, Feb. 3, 2016>
(7) The teachers' personnel committee shall deliberate on whether to re-appoint the relevant teachers prescribed in under paragraph (6) based on the objective grounds stipulated in school regulations, including the outcomes of evaluating the following matters. In such cases, the relevant teachers shall be given, in the process of such deliberation, an opportunity to attend the teachers' personnel committee and state their opinions or to submit their opinions in writing on the date designated with a preparatory period of at least 15 days: <Newly Inserted by Act No. 7352, Jan. 27, 2005; Act No. 15040, Nov. 28, 2017>
1. Matters relating to the education of students;
2. Matters relating to academic research;
3. Matters relating to the guidance of students;
4. Matters relating to industry-academia-research cooperation defined in subparagraph 6 of Article 2 of the Industrial Education Enhancement and Industry-Academia-Research Cooperation Promotion Act.
(8) In deliberating on the re-appointment of a teacher, the teachers' personnel committee shall take necessary measures so that the teacher’s experience and performance on the matters referred to in paragraph (7) are properly reflected in evaluating the teacher, based on his/her functions provided in Article 15 of the Higher Education Act. <Newly Inserted by Act No. 15040, Nov. 28, 2017>
(9) The teachers who are dissatisfied with the disposition refusing their re-appointment may put their cases before the Appeal Commission for Teachers prescribed in Article 7 of the Special Act on the Improvement of Teachers’ Status and the Protection of Their Educational Activities for further deliberation within 30 days after they become aware of such disposition. <Newly Inserted by Act No. 7352, Jan. 27, 2005; Act No. 8888, Mar. 14. 2008; Act No. 13936, Feb. 3, 2016>
(10) The new employment of teachers of various levels of schools lower than high schools shall be made on the basis of the public screening, and the qualification requirements necessary for performing duties and matters necessary for conducting the public screening shall be prescribed by Presidential Decree. <Newly Inserted by Act No. 7802, Dec. 29, 2005>
[This Article Wholly Amended by Act No. 3373, Feb. 28, 1981]
 Article 53-3 (Measures against Cheaters)
Article 11-2 of the Educational Officials Act shall apply mutatis mutandis to persons who engage in cheating during an examination for the new employment of teachers of various levels of schools through the public screening prescribed in Article 53-2 (10). <Amended by Act No. 15040, Nov. 28, 2017>
[This Article Newly Inserted by Act No. 13938, Feb. 3, 2016]
 Article 53-4 (Teachers' Personnel Committee)
(1) In order to deliberate on important matters concerning the personnel affairs, including appointment of teachers (excluding the heads of schools) of various levels of schools (excluding primary schools, high technical schools, civic schools, high civic schools, kindergartens, and various schools equivalent thereto), the teachers' personnel committee shall be established in the relevant schools. <Amended by Act No. 4226, Apr. 7, 1990; Act No. 5069, Dec. 29, 1995; Act No 6121, Jan. 28, 2000; Act No. 7802, Dec. 29, 2005; Act No. 13938, Feb. 3, 2016>
(2) Matters necessary for the organization, functions, and operation of the teachers' personnel committee shall be determined by the articles of association in cases of the school foundations and private school managers who are corporations, and by the rules in cases of private school managers who are individuals. <Amended by Act No. 4226, Apr. 7, 1990>
[This Article Newly Inserted by Act No. 3373, Feb. 28, 1981]
 Article 53-5 (New Appointment of Teachers of College Educational Institutions Other than Heads of Schools)
Article 11-3 of the Public Educational Officials Act shall apply mutatis mutandis to the appointment of teachers of college educational institutions other than heads of schools.
[Wholly Amended by Act No. 14154, May 29, 2016]
 Article 54 (Reports on Appointment and Requests for Dismissal)
(1) If the persons authorized to appoint teachers of various levels of schools appoint teachers (except where the head of a school is dismissed upon the expiration of his/her term of office), they shall file a report thereon to the competent agency within seven days from the date of appointment. <Amended by Act No. 4226, Apr. 7, 1990; Act No. 13938, Feb. 3, 2016>
(2) Deleted. <by Act No. 4226, Apr. 7, 1990>
(3) Where the grounds for dismissal from office or for disciplinary punishment under this Act arise with respect to a teacher of a private school, the competent agency may require the person authorized to appoint the teacher to dismiss or discipline such teacher. <Amended by Act No. 4226, Apr. 7, 1990; Act No. 5438, Dec. 13, 1997; Act No. 13938, Feb. 3, 2016>
[This Article Wholly Amended by Act No. 3373, Feb. 28, 1981]
 Article 54-2 (Requests for Dismissal)
(1) When any of the following applies to the head of a school at any level, the competent agency may request the person authorized to appoint teachers to dismiss him/her. In such cases, the person authorized to appoint teachers shall comply with such request for dismissal, except in extenuating circumstances: <Amended by Act No. 3373, Feb. 28, 1981; Act No. 4226, Apr. 7, 1990; Act No. 7802, Dec. 29, 2005; Act No. 13224, Mar. 27, 2015; Act No. 13938, Feb. 3, 2016>
1. When he/she falls under any of subparagraphs of Article 58 (1);
2. When he/she violates any provisions of the education-related Acts or disobeys any of the orders issued under such Acts in connection with his/her authority concerning admission (including transfer), lectures, and seminars, and graduation of students;
3. When he/she violates this Act or disobeys an order issued under this Act or other education-related statutes or regulations;
4. When he/she engages in unjust or substantially unfair conduct concerning the execution of accounts that belong to the school.
(2) A request for dismissal referred to in paragraph (1) shall be made only when the school foundation or the relevant private school manager fails to comply with the competent agency’s request for correction with the reason specified, even after fifteen days from the date of the request. <Amended by Act No. 3373, Feb. 28, 1981; Act No. 4226, Apr. 7, 1990>
[This Article Newly Inserted by Act No. 1664, Nov. 10, 1964]
 Article 54-3 (Restrictions on Appointment)
(1) No one who falls under any of the following subparagraphs shall be appointed as the head of any school: <Amended by Act No. 3458, Nov. 23, 1981; Act No. 4226, Apr. 7, 1990; Act No. 5274, Jan. 13, 1997; Act No. 7802, Dec. 29, 2005; Act No. 8888, Mar. 14, 2008; Act No. 11216, Jan. 26, 2012>
1. One for whom five years have not elapsed from the date the approval of his taking office was revoked under Article 20-2;
2. One for whom three years have not elapsed from the date he was dismissed upon a request for dismissal under Article 54-2;
3. One for whom five years have yet to lapse from the date he was fired pursuant to Article 61;
4. One who falls under any subparagraph of Article 10-4 of the Public Educational Officials Act.
(2) When anyone who falls under paragraph (1) 1 through 3 and for whom the period during which his/her selection and appointment are restricted has elapsed, intends to take office as the head of any school, he/she is required to obtain the consent of not less than two thirds of the directors on the roster. <Newly Inserted by Act No. 7802, Dec. 29, 2005; Act No. 8545, Jul. 27, 2007>
(3) The chief director of any school foundation and anyone who is related with any of the following persons shall be prohibited from being appointed to the head of a school established and operated by the relevant school foundation: Provided, That the same shall not apply to those who obtain the consent from not less than two-thirds of the fixed number of directors and the approval of the competent agency: <Newly Inserted by Act No. 7802, Dec. 29, 2005; Act No. 8545, Jul. 27, 2007>
1. Spouse;
2. Lineal ascendant and lineal descendant and their spouses.
(4) Where a person appointed as the head of a school and the chief director of the school foundation are in the relationship falling under any subparagraph of paragraph (3) due to replacement of the chief director or change in kindred relationship, etc., the person appointed as the head of the school shall obtain consent of at least 2/3 of the fixed number of directors of the school foundation and approval of competent administrative institutions within three months from the date on which a cause triggering the aforementioned replacement or change arises. <Newly Inserted by Act No. 14154, May 29, 2016>
(5) Anyone who falls under the provisions of paragraph (1) 4 shall be prohibited from being appointed as a teacher. <Newly Inserted by Act No. 7802, Dec. 29, 2005>
(6) No person who has been dismissed or discharged, or has been sentenced to imprisonment without prison labor or to a heavier punishment (including those for whom a period of suspension of execution of such punishment has elapsed since the suspension of execution was declared) for committing any of the following activities while he/she was in office as a teacher under this Act (including term teachers referred to in Article 54-4), as a teacher of a national or public school (including term teachers referred to in Article 32 of the Public Educational Officials Act), as a lecturer, etc., referred to in Article 23 of the Early Childhood Education Act, or as an industrial-educational teacher, etc., referred to in Article 22 of the Elementary and Secondary Education Act shall be appointed as a teacher of various kinds of schools equivalent to or lower than high schools. Provided, That the same shall not apply where the teachers' disciplinary committee under Article 62 resolves by considering the level of reflection, etc., of the relevant teacher that he/she may perform his/her duty as a teacher: <Newly Inserted by Act No. 8888, Mar. 14, 2008; Act No. 10258, Apr. 15, 2010; Act No. 10637, May 19, 2011; Act No. 14154, May 29, 2016>
1. Deleted; <by Act No. 11216, Jan. 26, 2012>
2. Receipt of money and valuables;
3. Imprudent activities related to the grades of students such as leakage of test papers and manipulation of grades;
4. Physical violence to students.
(7) The resolution of the teachers' disciplinary committee pursuant to the proviso of paragraph (6) shall require the attendance of at least two-thirds of all the incumbent members and the consent of a majority of those present. <Newly Inserted by Act No. 8888, Mar. 14, 2008; Act No. 14154, May 29, 2016>
[This Article Wholly Amended by Act No. 3373, Feb. 28, 1981]
 Article 54-4 (Fixed-Term Teachers)
(1) A person authorized to appoint teachers of various levels of schools may appoint teachers who work for a fixed term (hereinafter referred to as "fixed-term teacher") from among those holding teachers' licenses, where any of the following causes arises. In such cases, the person authorized to appoint teachers may delegate the authority to the head of a school, as determined by the articles of association of the school foundation: <Amended by Act No. 5345, Aug. 22, 1997; Act No. 7354, Jan. 27, 2005; Act No. 8888, Mar. 14. 2008; Act Nos. 13936 & 13938, Feb. 3, 2016>
1. Where it is inevitable to select a replacement because a teacher takes a temporary leave on any of the grounds provided for in the subparagraphs of Article 59 (1);
2. Where it is inevitable to select a replacement because a teacher is unable to perform his/her duties due to secondment, training, suspension from office, removal from position, or on leave, etc., for at least one month;
3. Where it is impossible to appoint a replacement because a teacher subject to removal, discharge, or dismissal from office requests for administrative appeal to the Appeal Commission for Teachers established under Article 9 (1) of the Special Act on the Improvement of Teachers’ Status and the Protection of Their Educational Activities;
4. Where it is necessary to appoint a teacher to temporarily teach a particular subject.
(2) Articles 56, 58 (2), 58-2, 59, 61 through 64, 64-2, 65, 66, 66-2, 66-3 (2) and (3), and 66-4 shall not apply to fixed-term teachers, and they shall retire from office ipso facto at the expiration of the term of appointment. <Amended by Act No. 13224, Mar. 27, 2015>
(3) The term of appointment for fixed-term teachers shall not exceed one year, and may be extended by up to three years, where necessary. <Newly Inserted by Act No. 5345, Aug. 22, 1997>
(4) Article 54-3 (5) and (6) shall apply mutatis mutandis to the appointment of fixed-term teachers. <Amended by Act No. 14154, May 29, 2016>
[This Article Newly Inserted by Act No. 4226, Apr. 7, 1990]
 Article 54-5 (Restrictions on Voluntary Dismissal from Office)
(1) No person authorized to appoint teachers of various levels of schools shall permit a teacher, who has applied for voluntary dismissal from office, to voluntarily dismiss from office, if the teacher falls under any of the following: Provided, That, if the teacher falls under subparagraph 1, 3, or 4, the relevant misconduct shall be limited to those subject to a disciplinary action equivalent to removal, dismissal, demotion, or suspension from office under Article 79 of the State Public Officials Act (hereinafter referred to as "severe disciplinary action"):
1. Where the relevant teacher is prosecuted for a criminal case, in relation to misconduct;
2. Where a request has been made to the teachers' disciplinary committee established under Article 62 to pass a resolution on a severe disciplinary action against the relevant teacher;
3. Where the relevant teacher is being examined or investigated by the Board of Audit and Inspection, the prosecution, the police, or other investigative agency, in relation to misconduct;
4. Where the relevant teacher is being audited or investigated by the audit department, etc., of the competent agency, in relation to misconduct.
(2) Where a teacher applies for voluntary dismissal from office, the relevant person authorized to appoint teachers of various levels of schools shall ascertain, from the head of an audit, inspection, or investigative agency, whether the teacher is subject to restrictions on voluntary dismissal from office prescribed in paragraph (1).
(3) Other matters necessary for restricting voluntary dismissal from office and ascertaining whether teachers are subject to restrictions on voluntary dismissal from office shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 13938, Feb. 3, 2016]
 Article 55 (Duties)
(1) The provisions concerning the duties of the teachers of national and public schools shall apply mutatis mutandis to the duties of the teachers of private schools.<Amended by Act No. 11216, Jan. 26, 2012>
(2) Notwithstanding the provisions of Article 64 of the State Public Officials Act applied mutatis mutandis in paragraph (1), teachers belonging to colleges with a department related to medical science, oriental medicine or dental medicine may hold an additional position in a hospital which satisfies standards prescribed by Presidential Decree after obtaining permission from the dean of a college, when necessary for providing clinical education to students. <Newly Inserted by Act No. 11216, Jan. 26, 2012>
(3) Matters necessary for standards and procedures for granting permission for holding an additional position pursuant to paragraph (2) and duties and remunerations of teachers holding an additional position shall be prescribed by Presidential Decree. <Newly Inserted by Act No. 11216, Jan. 26, 2012>
 Article 55-2 (Equal Opportunity for Training)
Teachers of a private school shall be given equal opportunities to receive refresher training or to be trained at any training institution established under Article 39 (1) of the Educational Officials Act.
[This Article Newly Inserted by Act No. 15555, Apr. 17, 2018]
 Article 55-3 (Training at Training Institutions or Places Other than Workplace)
Teachers of a private school may receive training at any training institution, establishment or place other than their workplace with the approval of the head of the private school that they work for to the extent that receiving such training does not hinder them from giving classes.
[This Article Newly Inserted by Act No. 15555, Apr. 17, 2018]
 Article 55-4 (Research Experience)
The head of a school may take into account the refresher training and research experience of the teachers working for the school in administering its personnel either regularly or as often as required.
[This Article Newly Inserted by Act No. 15555, Apr. 17, 2018]
SECTION 2 Status and Social Security
 Article 56 (Prohibition of Temporary Leave and Dismissal from Office Contrary to One's Will)
(1) No teacher of a private school shall be subject to such unfavorable treatment as layoff or dismissal from office, etc. against his will except by sentence of penalty, disciplinary action or other reason as determined by this Act: Provided, That the same shall not apply when he has been abolished from office or when excessive numbers of teachers result from the alteration and abolition of school classes and subjects. <Amended by Act No. 4226, Apr. 7, 1990>
(2) No teacher of private school shall be subject to any advice to resign.
[This Article Wholly Amended by Act No. 3373, Feb. 28, 1981]
 Article 57 (Reasons for Retirement)
If a teacher of any private school falls under any subparagraph of Article 10-4 of the Public Educational Officials Act, he/she shall be retired from office, as a matter of course: Provided, That subparagraph 5 of Article 33 of the State Public Officials Act shall apply only to a person under the suspension of sentence of imprisonment without labor or a heavier punishment, who has committed a crime prescribed in Articles 129 through 132 of the Criminal Act or Articles 355 and 356 of the Criminal Act with respect to his/her duty, and "public officials" shall be construed as "teachers" for the purposes of subparagraph 6-2 of Article 33 of the State Public Officials Act. <Amended by Act No. 5438, Dec. 13, 1997; Act No. 8888, Mar. 14. 2008; Act No. 11216, Jan. 26, 2012; Act No. 13224, Mar. 27, 2015>
 Article 58 (Reasons for Dismissal from Office)
(1) When a teacher of a private school falls under any of the following, the person authorized to appoint the teacher may dismiss the teacher from office: <Amended by Act No. 3057, Dec. 31, 1977; Act No. 3373, Feb. 28, 1981; Act No. 7802, Dec. 29, 2005; Act No. 11216, Jan. 26, 2012; Act No. 13938, Feb. 3, 2016>
1. When the teacher fails to return to work or is unable to perform his/her duties after a period for temporary leave elapses or grounds for suspension from office cease to exist;
2. When the teacher’s service record is extremely poor;
3. When the teacher joins an organization that aims to destroy the government and aids it;
4. When the teacher participates in a political movement, or refuses lectures and seminars in a group, or guides and agitates students to support or to oppose a political party;
5. When the teacher gives unlawful grade or recordings, or makes a false attestation or statement in the student record.
(2) When dismissing a teacher from office on the grounds of paragraph (1) 2 through 5, the consent of the teachers' disciplinary committee established under Article 62 shall be obtained. <Amended by Act No. 3373, Feb. 28, 1981>
 Article 58-2 (Dismissal from Position)
(1) Where a private school teacher falls under any of the following subparagraphs, the person authorized to appoint the teacher may assign no position to him/her: <Amended by Act No. 5274, Jan. 13, 1997; Act No. 13938, Feb. 3, 2016>
1. A person who lacks ability to perform his/her duties, or whose performance record is extremely poor, or whose working attitude as a teacher is extremely unfaithful;
2. A person against whom a decision on disciplinary action is requested;
3. A person prosecuted for a criminal case (excluding those against whom a summary order is requested);
4. A person who is being examined or investigated by the Board of Audit and Inspection, the prosecution, the police, or other investigative agency due to misconduct prescribed by Presidential Decree, such as misconduct involving money or goods and sex offenses, which is severe to the extent that it is substantially impracticable to expect him/her to perform his/her normal duties.
(2) Where no position is assigned under paragraph (1), if the ground therefor is extinguished, the person authorized to appoint the relevant teacher shall assign him/her a position without delay. <Amended by Act No. 13938, Feb. 3, 2016>
(3) The person authorized to appoint teachers shall order a waiting to a person dismissed from position under paragraph (1) 1, for a period not exceeding three months. <Amended by Act No. 13938, Feb. 3, 2016>
(4) With respect to a person who has received an order of waiting under paragraph (3), the person authorized to appoint him/her shall take necessary measures, such as training for restoring ability or improving attitude, or assigning a special research task. <Amended by Act No. 13938, Feb. 3, 2016>
(5) Where a private school teacher constitutes the grounds for dismissal from position referred to in paragraph (1) 1, and 2, 3, or 4, the disposition of dismissal from position shall be taken against him/her for the causes referred to in subparagraph 2, 3, or 4. <Amended by Act No. 13938, Feb. 3, 2016>
[This Article Wholly Amended by Act No. 4226, Apr. 7, 1990]
 Article 59 (Reasons for Temporary Leave)
(1) If a private school teacher desires to take a temporary leave for any of the following reasons, the person authorized to appoint the teacher may order him/her to take a temporary leave: Provided, That in cases falling under subparagraphs 1 through 4 and 11, the person authorized to appoint the teacher shall order him/her to take a temporary leave against his/her will, and in cases falling under subparagraphs 7 and 7-2, the person authorized to appoint the teacher shall order him/her to take a temporary leave if he/she wishes to do so: <Amended by Act No. 4226, Apr. 7, 1990; Act No. 4268, Dec. 27, 1990; Act No. 5274, Jan. 13, 1997; Act No. 6212, Jan. 28, 2000; Act No. 6400, Jan. 29, 2001; Act No. 8529, Jul. 19, 2007; Act No. 8852, Feb. 29, 2008; Act No. 8888, Mar. 14, 2008; Act No. 11216, Jan. 26, 2012; Act No. 11690, Mar. 23, 2013; Act No. 13224, Mar. 27, 2015; Act No. 13938, Feb. 3, 2016; Act No. 14468, Dec. 27, 2016>
1. Where he/she needs long-term recuperation due to any physical or mental disability (including where he/she needs to undergo long-term treatment due to infertility or subfertility);
2. Where he is drafted or called for military service under the Military Service Act;
3. Whether he/she is alive or dead, or his/her whereabouts are unknown due to a natural disaster, wartime, calamity, or other causes;
4. Where he/she deserts his/her duties to perform other duties prescribed in other Acts;
5. Where he/she studies overseas to obtain a degree, or conducts research or takes training in a foreign country for at least one year;
6. Where he/she is temporarily employed by an international organization, a foreign institution, a domestic or foreign university, a research institute, a State agency, an overseas national education institution (refers to overseas national education institutions defined under subparagraph 2 of Article 2 of the Act on the Educational Support for Korean Nationals Residing Abroad) or a civil organization determined by the articles of association;
7. Where he/she needs a temporary leave to raise a child of not older than eight years of age or not higher than second-grade of an elementary school or a female teacher becomes pregnant or gives birth to a baby;
7-2. Where he/she adopts a child or juvenile under 19 years of age (excluding a child for which parental leave is permitted under subparagraph 7);
8. Where he/she receives training in a domestic research institute or an educational institute, etc., designated by the Minister of Education;
9. Where he/she needs a temporary leave to nurse his/her parents, spouse, children, or parents of his/her spouse who need long-term recuperation due to an accident, disease, etc.;
10. Where his/her spouse needs to work in a foreign country or falls under subparagraph 5;
11. Where he/she works full-time for a teachers' union established under Article 5 of the Act on the Establishment and Operation of Teachers' Unions;
12. Where a teacher whose period of serving as a teacher is at least 10 years pursuant to the calculation under Article 31 of the Pension for Private School Teachers and Staff Act initiates activities such as study/research, etc. for his/her self-development;
13. Where other reasons prescribed by the articles of association exist.
(2) The period of temporary leave under paragraph (1), and the status and treatment of those who take a temporary leave, shall be determined by the articles of association (in cases of a private school manager, the regulations concerning status guarantee and disciplinary action against the teachers determined by the manager; hereinafter the same shall apply). <Amended by Act No. 3373, Feb. 28, 1981>
(3) No person authorized to appoint teachers shall accord unfavorable treatment with respect to the personnel matters of the teachers on the grounds of temporary leave under paragraph (1) 7 or 7-2, and the period of temporary leave under paragraph (1) 7 or 7-2 shall be counted in the length of his/her service. <Newly Inserted by Act No. 6121, Jan. 28, 2000; Act No. 13938, Feb. 3, 2016>
 Article 60 (Teacher's Privilege From Arrest)
The teacher of a private school shall not be arrested in the school without the consent of the principal concerned, except in case of flagrant offender.
 Article 60-2 (Social Security)
(1) When the teachers and clerical personnel of private schools suffer from diseases, injuries, incurable diseases, retirement, death or calamities, the proper allowances shall be paid to them or their bereaved family under the conditions as prescribed by Act. <Amended by Act No. 3057, Dec. 31, 1977>
(2) The following matters shall be prescribed in the Acts as referred to in paragraph (1):
1. Matters concerning a payment of pension or lump-sum allowance to the persons concerned or their bereaved family in the case that they retire or die after service for a considerable period;
2. Matters concerning a payment of pension or compensation money to the persons concerned or their bereaved family in the case that they die or retire due to an injury or disease occurred in the course of fulfilling their duties;
3. Matters concerning the compensation for losses which the persons concerned have sustained in the case that their ability to earn income has been impeded during their period of recuperation due to injury or disease occurred in the course of fulfilling their duties;
4. Matters concerning payment of allowances for death, incurable disease, injuries, disease, delivery and other accidents not occurring in the course of their duties.
[This Article Newly Inserted by Act No. 2649, Dec. 20, 1973]
 Article 60-3 (Honorable Retirement)
(1) If a private school teacher who has served continuously for twenty or more years, retires voluntarily before he reaches the retirement age, he may receive the honorable retirement allowance in the limit of the budget.
(2) The range of those who are to be paid the honorable retirement allowance as referred to in paragraph (1), the amount and procedure of payment thereof, and other necessary matters shall be determined by the articles of association.
[This Article Newly Inserted by Act No. 4226, Apr. 7, 1990]
SECTION 3 Disciplinary Punishment
 Article 61 (Causes and Kinds of Disciplinary Punishment)
(1) When a private school teacher falls under any of the following subparagraphs, the person authorized to appoint the private school teacher, shall demand a decision of disciplinary punishment and shall take the disciplinary action according to the result of the disciplinary decision: <Amended by Act No. 13938, Feb. 3, 2016>
1. When he/she engages in an activity contrary to the teacher's duties, in violation of this Act and other education-related statutes and regulations;
2. When he/she is in violation or negligent of his/her duties;
3. When he/she engages in an activity which damages the dignity of a teacher whether he/she is on or off duty.
(2) Disciplinary punishment shall be divided into removal from office, dismissal, suspension from office, reduction of salary, and reprimand. <Amended by Act No. 3812, May 9, 1986>
(3) Suspension from office shall be for a period of at least one to three months, and a person who is subject to a disposition of suspension from office, may retain his/her status during such a period, but he/she may not perform his/her duties, and his/her remuneration shall be reduced by 2/3. <Newly Inserted by Act No. 3812, May 9, 1986>
(4) Reduction of salary means reducing a salary by 1/3 for a period of at least one to three months. <Amended by Act No. 3812, May 9, 1986>
(5) Reprimand means admonishing the relevant person of his/her misconduct and causing him/her to repent of such misconduct.
[This Article Wholly Amended by Act No. 3373, Feb. 28, 1981]
 Article 62 (Establishment and Organization of Teachers' Disciplinary Committee)
(1) In order to deliberate and make decisions on disciplinary cases of private school teachers and the appointment of teachers pursuant to the proviso of Article 54-3 (6), a teachers' disciplinary committee shall be established under the control of each school foundation, private school manager, and the concerned school according to the category of a person authorized to appoint the relevant teachers: Provided, That the disciplinary cases of private kindergarten teachers shall be deliberated upon and decided by the educational officials' disciplinary committee established pursuant to Article 50 of the Educational Officials Act. <Amended by Act No. 6004, Aug. 31, 1999; Act No. 8888, Mar. 14, 2008; Act No. 13938, Feb. 3, 2016; Act No. 14154, May 29, 2016>
(2) The teachers' disciplinary committee referred to in paragraph (1) shall be comprised of five to nine members. <Amended by Act No. 14154, May 29, 2016>
(3) Members of the teachers' disciplinary committee shall be commissioned or appointed by the relevant school foundation, a private school manager, or the head of concerned schools (limited to the cases where the power to appoint teachers is delegated to the head of a school pursuant to Article 53-2 (2)) from among any of the following persons: <Newly Inserted by Act No. 14154, May 29, 2016>
1. A teacher of relevant schools or a director of school foundations;
2. A person falling under any of the following items:
(a) A person having experience of working as a judge, a prosecutor, or a lawyer for at least five years;
(b) A person in a college who holds a position of assistant professor or higher in the major of law, administrative science or pedagogy;
(c) A person who has retired after providing continuous service as a public official for at least 20 years;
(d) Other persons deemed to have much professional knowledge and experience in education or educational administration.
(4) The teachers' disciplinary committee shall be comprised of in accordance with any of the following standards: <Newly Inserted by Act No. 14154, May 29, 2016>
1. At least one committee member commissioned pursuant to paragraph (3) 2 (hereafter referred to as “external committee member” in this Article and Article 62-2) is included in the teachers' disciplinary committee;
2. An external committee member shall not belong to a school established/managed by the relevant school foundation or private school manager;
3. In cases of the teachers' disciplinary committee established under a school foundation, the number of committee members who are directors of the relevant school foundation shall not exceed 1/2 of the total number of the committee members.
(5) Necessary matters concerning the organization, authority and deliberation procedure, etc., of the teachers' disciplinary committee shall be determined by Presidential Decree.
[This Article Wholly Amended by Act No. 3373, Feb. 28, 1981]
 Article 62-2 (Term of Office of External Committee Members)
(1) The term of office of an external committee member shall be three years, and the term may be extended once only.
(2) Where an external committee member falls under any of the following subparagraphs, a school foundation, a private school manager, or the head of concerned schools (limited to the cases where the power to appoint teachers is delegated to the head of a school pursuant to Article 53-2 (2)) may dismiss the concerned external committee member:
1. Where he/she becomes unable to perform his/her duties due to mental or physical disability;
2. Where he/she has committed a misconduct in connection with his/her work responsibilities;
3. Where he/she is deemed not suitable as a member of the committee due to neglect of duty, damaged dignity or other grounds;
4. Where he/she voluntarily expresses difficulty to perform his/her work responsibilities;
5. Where he/she has violated the duty of confidentiality as prescribed in Article 66-5.
[This Article Newly Inserted by Act No. 14154, May 29, 2016]
 Article 63 (Causes of Exclusion)
When a member of the teachers' disciplinary committee examines his own disciplinary case, or he is related by blood with the person subject to a disciplinary action, he shall not participate in the trial of the disciplinary action concerned.
 Article 64 (Requests for Disciplinary Decisions)
When a private school teacher constitutes any of the causes of disciplinary punishment provided for in Article 61 (1), a person authorized to appoint the private school teacher, shall first make a thorough investigation, and thereafter shall request the competent teachers' disciplinary committee to make a disciplinary decision. <Amended by Act No. 13938, Feb. 3, 2016>
[This Article Wholly Amended by Act No. 3373, Feb. 28, 1981]
 Article 64-2 (Notification of Reason for Request for Disciplinary Decision)
When the person who is authorized to request a disciplinary decision, requests a disciplinary decision under Article 64, he shall send to the person who is the object of the disciplinary action, an explanatory note specifying the disciplinary cause at the same time as the request for disciplinary decision.
[This Article Newly Inserted by Act No. 4226, Apr. 7, 1990]
 Article 65 (Fact-Finding and Stating Opinions)
(1) In trying a disciplinary case, the teachers' disciplinary committee shall investigate the actual facts of the case and shall hear the statements of relevant person before the committee makes a decision: Provided, That this provision shall not apply when he does not comply with summons issued twice or more in writing. <Amended by Act No. 1664, Nov. 10, 1964>
(2) Where it is deemed necessary, the teachers' disciplinary committee may request relevant persons or experts to attend the committee proceedings and hear their opinions. <Amended by Act No. 14154, May 29, 2016>
 Article 66 (Decisions on Disciplinary Action)
(1) When a teachers' disciplinary committee has decided upon a disciplinary action as a result of deliberation, the committee shall prepare a written disciplinary decision which contains formal adjudication and grounds therefor, and shall forward it to a person authorized to appoint teachers to inform him/her of such decision. <Amended by Act No. 13938, Feb. 3, 2016>
(2) The disciplinary decision under paragraph (1) shall require the attendance of at least 2/3 of all registered members of the committee and the concurring vote of a majority of all members.
(3) Upon receipt of the written disciplinary decision under paragraph (1), the person authorized to appoint teachers shall take disciplinary actions according to the details of the disciplinary decision within 15 days from receipt of such written disciplinary decision, unless he/she receives a request for review pursuant to Article 66-2 (2). In such cases, the person authorized to appoint teachers shall forward a written decision stating the grounds for the disciplinary action to the relevant teacher. <Amended by Act No. 13938, Feb. 3, 2016>
[This Article Wholly Amended by Act No. 13224, Mar. 27, 2015]
 Article 66-2 (Requests for Review of Disciplinary Decisions)
(1) Upon receipt of a written disciplinary decision under Article 66 (1) in relation to a matter for which a request for disciplinary action has been made under Article 54 (3), a person authorized to appoint private school teachers shall notify the competent agency of the details of such disciplinary action before he/she takes the disciplinary action pursuant to Article 66 (3). <Amended by Act No. 13938, Feb. 3, 2016>
(2) Where the competent agency recognizes that the details of the disciplinary action notified under paragraph (1) are lenient in view of the cause for the disciplinary action, it may require the person authorized to appoint the relevant teacher to request the teachers' disciplinary committee to review the disciplinary decision before he/she takes such disciplinary action. <Amended by Act No. 13938, Feb. 3, 2016>
(3) Upon receipt of a request for review from the competent agency under paragraph (2), the person authorized to appoint the relevant teacher shall promptly request the teachers' disciplinary committee to review the disciplinary decision and shall notify the competent agency of the results of the review if the teachers' disciplinary committee review the disciplinary decision. <Amended by Act No. 13938, Feb. 3, 2016>
[This Article Newly Inserted by Act No. 13224, Mar. 27, 2015]
 Article 66-3 (Relationship with Investigations by Board of Audit and Inspection)
(1) Upon commencing or completing an investigation into a private school teacher, the Board of Audit and Inspection, the prosecution, the police, or other investigative agency shall notify the person authorized to appoint the relevant teacher of such fact within ten days. <Amended by Act No. 13938, Feb. 3, 2016>
(2) With respect to a case under investigation by the Board of Audit and Inspection, no request for disciplinary decision shall be made and no disciplinary action shall be taken from the date on which the commencement of an investigation is notified under paragraph (1).
(3) With respect to a case under investigation by the prosecution, police, or other investigative agency, no request for disciplinary decision or other disciplinary action need be made or taken from the date on which the commencement of an investigation is notified under paragraph (1).
[This Article Newly Inserted by Act No. 11216, Jan. 26, 2012]
 Article 66-4 (Prescription of Grounds for Disciplinary Actions)
(1) No person authorized to appoint private school teachers can request a disciplinary decision prescribed in Article 64 upon the expiration of three years from the date the ground for the disciplinary action has arisen: Provided, That he/she may request a disciplinary decision within five years from the date the ground for the disciplinary action arises if the ground falls under subparagraph 1 or 2; and within ten years from the date the ground for the disciplinary action arises if the ground falls under subparagraph 3: <Amended by Act No. 13224, Mar. 27, 2015; Act No. 13938, Feb. 3, 2016; Act No. 15555, Apr. 17, 2018>
1. Where the relevant teacher accepts money, goods, or entertainment;
2. Where the relevant teacher embezzles or misappropriates public funds;
3. Where the relevant teacher engages in any of the activities specified in the subparagraphs of Article 52 of the Educational Officials Act.
(2) When the period prescribed in paragraph (1) elapses as a disciplinary action is not taken pursuant to Article 66-3 (2) or (3), or when the remaining period is less than one month, the period prescribed in paragraph (1) shall be deemed to end on the date one month elapses from the date the completion of an investigation is notified under Article 66-3 (1). <Newly Inserted by Act No. 11216, Jan. 26, 2012; Act No. 13224, Mar. 27, 2015>
(3) When the Appeal Commission for Teachers established under the Special Act on the Improvement of Teachers’ Status and the Protection of Their Educational Activities or a court has decided to nullify or revoke disciplinary actions for any defect in the composition of the disciplinary committee, disciplinary decision, action or an excess disciplinary penalty, the disciplinary decision may be re-requested within three months after such decision becomes final and conclusive, even though the period prescribed in paragraph (1) expires, or the remaining period is less than three months. <Amended by Act No. 5274, Jan. 13, 1997; Act No. 7354, Jan. 27, 2005; Act No. 8888, Mar. 14. 2008; Act No. 11216, Jan, 26, 2012; Act No. 13936, Feb. 3, 2016>
[This Article Newly Inserted by Act No. 4226, Apr. 7, 1990]
 Article 66-5 (Duty of Confidentiality)
A person who attends the teachers' disciplinary committee shall not disclose any confidential information which has come to his/her knowledge in the course of conducting his/her duties.
[This Article Newly Inserted by Act No. 14154, May 29, 2016]
 Article 67 (Special Cases for Foreigners' School)
Articles 52, 53, 53-2 through 53-5, 54, 54-2 through 54-4, 55 through 58, 58-2, 59, 60, 60-2, 60-3, 61 through 64, 64-2, 65, 66, 66-2, 66-3 (2) and (3), and 66-4 shall not apply to foreigners' schools established under Article 60-2 of the Elementary and Secondary Education Act. <Amended by Act No. 8888, Mar. 14, 2008; Act No. 11216, Jan, 26, 2012; Act No. 13224, Mar. 27, 2015; Act No. 13938, Feb. 3, 2016>
[This Article Newly Inserted by Act No. 6715, Aug. 26, 2002]
 Articles 67-2 through 69 Deleted. <by Act No. 4376, May 31, 1991>
CHAPTER V SUPPLEMENTARY PROVISIONS
 Article 70 (Report and Investigation)
The competent agency may make investigations into the education of private schools, ask a private school to submit a report on statistics and other necessary matters, and cause a subordinate public official to inspect account books and other documents or make an investigation into the status of education execution. <Amended by Act No. 4226, Apr. 7, 1990>
 Article 70-2 (Clerical Organization and Personnel)
(1) School foundations or private school managers shall establish a clerical organization necessary for performing their affairs and those of schools they establish and operate, and the matters concerning establishment and operation of such organization, and fixed number, appointment, remuneration, service and status guarantee of clerical personnel shall be determined by the articles of association, in cases of school foundations or private school managers who are corporations, and by regulations, in cases of private school managers who are individuals. <Amended by Act No. 4226, Apr. 7, 1990; Act No. 6004, Aug. 31, 1999; Act No. 13938, Feb. 3, 2016>
(2) Clerical personnel belonging to various levels of schools shall be appointed by the school foundation or private school manager upon proposal of the head of the school. <Amended by Act No. 4226, Apr. 7, 1990; Act No. 13938, Feb. 3, 2016>
[This Article Newly Inserted by Act No. 2961, Dec. 31, 1976]
 Article 70-3 (Ipso Facto Retirement of Clerical Personnel)
Notwithstanding Article 70-2 (1), Article 57 shall apply mutatis mutandis to ipso facto retirement of clerical personnel appointed pursuant to Article 70-2. In such cases, "teachers" shall be construed as "clerical personnel."
[This Article Newly Inserted by Act No. 13573, Dec. 22, 2015]
 Article 71 (Delegation of Authority)
The Minister of Education may delegate part of his/her authority under this Act to the Superintendent of the Office of Education of a City/Do, as prescribed by Presidential Decree. <Amended by Act No. 6400, Jan. 29, 2001; Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 5274, Jan. 13, 1997]
 Article 72 Deleted. <by Act No. 6212, Jan. 28, 2000>
 Article 72-2 (Legal Fiction as Public Official in Application of Penalty Provisions)
A person who is not a public official among the members of the mediation committee shall be deemed a public official in applying the provisions of Articles 129 through 132 of the Criminal Act.
[This Article Newly Inserted by Act No. 14154, May 29, 2016]
CHAPTER VI PENALTY PROVISIONS
 Article 73 (Penalty Provisions)
If the chairman of the board of directors of a school foundation or a manager of a private school (in cases of a corporation, its representative or director) falls under any of the following subparagraphs, he shall be punished by imprisonment for not more than two years or a fine not exceeding twenty million won: <Amended by Act No. 3373, Feb. 28, 1981; Act No. 4226, Apr. 7, 1990; Act No. 5274, Jan. 13, 1997; Act No. 6004, Aug. 31, 1999>
1. In case of continuing the business against the order of the competent agency under Article 46;
2. In case of violating the provisions of Article 28 (including the cases applied mutatis mutandis by Article 51);
3. Deleted; <by Act No. 3373, Feb. 28, 1981>
4. In case of violating the order of the competent agency under Article 48 (including the cases applied mutatis mutandis by Article 51).
 Article 73-2 (Penalty Provisions)
If the chief director of a school foundation or a private school manager (in cases of a corporation, the representative or director), or the head of a college educational institution violates the provisions of Article 29 (6) (including cases applied mutatis mutandis according to Article 51), he/she shall be punished by imprisonment with labor for not more than two years or a fine not exceeding 20 million won. <Amended by Act No. 4226, Apr. 7, 1990; Act No. 5274, Jan. 13, 1997>
[This Article Newly Inserted by Act No. 3373, Feb. 28, 1981]
 Article 74 (Administrative Fines)
(1) Where the chief director, auditor or liquidator of a school foundation or the private school manager (in cases of corporations, its representative or director) falls under any of the following subparagraphs, he/she shall be subject to an administrative fine not exceeding five million won: <Amended by Act No. 5274, Jan. 13, 1997; Act No. 6004, Aug. 31, 1999; Act No. 8888, Mar. 14. 2008>
1. Where he/she fails to make a registration prescribed in this Act;
2. Where he/she fails to make a public announcement prescribed in Article 6 (3) or makes a false or omissive public announcement;
3. Where he/she fails to keep the property inventory prescribed in Article 55 (1) of the Civil Act applied mutatis mutandis in Article 13 or the property inventory and other documents prescribed in Articles 32 (including cases applied mutatis mutandis in Article 51) and 37 (1) or makes false or omissive statements therein;
4. Where he/she fails to report under Article 19 (4) 3, or 48 (including cases applied mutatis mutandis in Article 51), or files a false or omissive report;
5. Where he/she violates Articles 31 (including cases applied mutatis mutandis in Article 51), 37 (2), or 38 (2);
6. Where he/she fails to request for adjudication of bankruptcy prescribed in Article 79 or 93 (1) of the Civil Act applied mutatis mutandis in Article 42;
7. Where he/she fails to make a public announcement prescribed in Article 88 (1) or 93 (1) of the Civil Act applied mutatis mutandis in Article 42, or makes a false or omissive public announcement;
8. Where he/she is negligent in reporting under Article 86 or 94 of the Civil Act applied mutatis mutandis in Article 42 or files a false report;
9. Where he/she violates Article 90 of the Civil Act applied mutatis mutandis in Article 42.
(2) The head of a college educational institution and the chief director of a school foundation that establishes and manages a college educational institution shall be subject to an administrative fine not exceeding five million won if the head or the chief director fails to file a report required under Article 32-2 (4) or files a report that contains a false statement or any omission. <Newly Inserted by Act No. 15040, Nov. 28, 2017>
(3) Where a person authorized to appoint private school teachers fails to report under Article 54 (1), or files a false report, he/she shall be punished by an administrative fine not exceeding five million won. <Amended by Act No. 4376, May 31, 1991; Act No. 5274, Jan. 13, 1997; Act No. 6004, Aug. 31, 1999; Act No. 13938, Feb. 3, 2016>
(4) The administrative fines provided in paragraphs (1) through (3) shall be imposed and collected by the competent agency, as prescribed by Presidential Decree. <Amended by Act No. 15040, Nov. 28, 2017>
(5) and (6) Deleted. <by Act No. 14154, May 29, 2016>
[This Article Wholly Amended by Act No. 4226, Apr. 7, 1990]
 Article 74-2 Deleted. <by Act No. 4226, Apr. 7, 1990>
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force one month after the date of its promulgation.
Article 2 (Transitional Measures)
(1) An incorporated foundation as provided for in the Civil Act, which establishes and is operating the private schools under Article 3, at the time this Act enters into force, shall alter its organization into that of a school foundation within six months from the enforcement date of this Act: Provided, That the Minister of Education may extend the period to December 31, 1966 with respect to such incorporated foundation foundations as recognized being unable to alter its organization within six months due to unavoidable circumstances, and may, regardless of Article 3 of this Act, allow the operation of the private school with respect to such incorporated foundations as recognized being unable to change its organization due to special circumstances. In this case, the provisions of this Act concerning the school foundation shall apply mutatis mutandis to the incorporated foundations in preference to other statutes and regulations, and the provisions concerning the private school of this Act shall apply mutatis mutandis to the schools which are established and operated by such foundation. <Amended by Act No. 1664, Nov. 10, 1964; Act No. 1735, Dec. 30, 1965; Act No. 1869, Jan. 16, 1967>
(2) The provisions of Articles 50 (2) and 50-2 shall apply mutatis mutandis in case an incorporated foundation is to alter its organization to a school foundation in accordance with the provisions of paragraph (1). <Amended by Act No. 1621, Dec. 16, 1963>
(3) In the case as referred to in paragraph (2), if the articles of association provides that alteration in the articles of association shall require the decision of the organization of the incorporated foundation and the board of directors, and if all the members or a majority of the members of the board of directors of the incorporated foundation concerned are temporary directors, it may be possible for the incorporated foundation concerned to alter the articles of association for the purpose of altering it into a school foundation, without the decision of any organization other than the board of directors.
(4) In a case where an incorporated foundation has been altered into a school foundation under paragraph (1), the dispositions taken by the Minister of Education toward the incorporated foundation before the enforcement of this Act shall be deemed to be taken toward the reorganized school foundation, unless such dispositions conflict with this Act.
(5) In a case where an incorporated foundation has been altered into a school foundation, the officers of the foundation existing before the reorganization shall remain as the officers of the school foundation for the remaining period: Provided, That if the remaining period is more than five years, it shall be deemed that their terms of office shall expire on the date when five years elapse from the date of enforcement of this Act.
(6) In a case where an incorporated foundation became a school foundation by reorganization, the former obligations resulted from operation of a school by such foundation shall be taken over inclusively by the reorganized school foundation. <Newly Inserted by Act No. 1664, Nov. 10, 1964>
Article 3 (Transitional Measures)
The teachers who are in office of private schools at the time of the enforcement of this Act, shall be deemed to have been appointed under this Act.
Article 4 Deleted. <by Act No. 1664, Nov. 10, 1964>
ADDENDUM <Act No. 1621, Dec. 16, 1963>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 1664, Nov. 10, 1964>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation.
(2) (Transitional Measures) The provisions of Article 50-2 (2) shall apply on July 25, 1963.
ADDENDUM <Act No. 1735, Dec. 30, 1965>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 1869, Jan. 16, 1967>
This Act shall enter into force on January 1, 1967.
ADDENDUM <Act No. 2396, Dec. 28, 1972>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 2587, Mar. 10, 1973>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 2649, Dec. 20, 1973>
This Act shall enter into force on January 1, 1974.
ADDENDA <Act No. 2775, Jul. 23, 1975>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation.
(2) (Transitional Measures) The teachers who are in office at colleges or universities (including normal colleges of education and junior colleges) at the time of the enforcement date of this Act shall be reappointed pursuant to the provisions of Article 53-2 on the last day of February 1976.
ADDENDA <Act No. 2945, Dec. 31, 1976>
(1) (Enforcement Date) This Act shall enter into force on January 1, 1977. (Proviso Omitted.)
(2) through (8) Omitted.
ADDENDA <Act No. 2961, Dec. 31, 1976>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation.
(2) (Presentation of Articles of Association) School foundations or the private school managers as of the enforcement date of this Act shall determine the articles of association or regulations as prescribed in Article 70-2, and present them to the supervisory government agency within six months from the enforcement date of this Act.
ADDENDA <Act No. 3057, Dec. 31, 1977>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation: Provided, That the provisions concerning junior colleges shall enter into force on January 1, 1979.
(2) (Transitional Measures) With respect to a person who has been subject to disciplinary action at the time of promulgation of this Act, action of suspension from office shall be deemed as action of reduction in salary for six months, and action of disciplinary confinement, as a disposition of reprimand.
(3) (Transitional Measures) Vocational junior colleges, high technical schools and technical schools established pursuant to the previous provisions at the time of the promulgation of this Act shall be reorganized as junior colleges or every kind of school equivalent to those and shall obtain the approval of the Minister of Education by the period as determined by the Presidential Decree.
(4) (Transitional Measures) The teachers who are in office at vocational junior colleges to be reorganized as junior colleges or every kind of school equivalent to those pursuant to the provisions of paragraph (3) of Addenda at the time of promulgation of this Act shall be deemed to be appointed as the teachers of the reorganized schools concerned, but their terms of office shall follow the previous examples.
(5) (Transitional Measures) The teachers who are in office at the high technical schools and technical schools which exist at the time of promulgation of this Act, and which is to be reorganized as junior colleges under paragraph (3) of Addenda, shall be reappointed pursuant to the provisions of Article 53-2 on the last date on February 1979.
ADDENDUM <Act No. 3114, Dec. 5, 1978>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 3373, Feb. 28, 1981>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation.
(2) (Transitional Measures concerning Teachers) Teachers (excluding the head of schools) and clerical personnel who serve at the college educational institutions as at the time this Act enters into force, shall be deemed to be appointed by the head of schools concerned.
(3) (Transitional Measures concerning Disciplinary Action on Teachers) Any disciplinary action or request for review pending in the teachers' disciplinary committee and review committee as at the time this Act enters into force shall apply the previous provisions.
(4) (Transitional Measures concerning Restrictions on Appointment of Head of Schools) Notwithstanding the provisions of Article 54-3 (2), a person who is in office as the head of junior college as at the time this Act enters into force may hold office until he is dismissed from his office.
(5) (Transitional Measures concerning Restrictions on Appointment of Head of Schools) Notwithstanding the provisions of Article 54-3 (1) 3, a person who is in office as the head of private school as at the time this Act enters into force may hold office until the end of the 1981 session.
(6) (Transitional Measures concerning Penal Provisions) In applying penal provisions to an act done before the enforcement of this Act, the previous provisions shall apply.
ADDENDA <Act No. 3458, Nov. 23, 1981>
Article 1 (Enforcement Date)
This Act shall enter into force forty days after the date of its promulgation.
Articles 2 through 10 Omitted.
ADDENDA <Act No. 3812, May 9, 1986>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation.
(2) (Transitional Measures) Directors in office at the time of the enforcement of this Act shall be considered to be appointed under this Act until their terms of office expire.
ADDENDA <Act No. 4226, Apr. 7, 1990>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Education Supervisor)
The term "the Superintendent of the Office of Education of the //autonomous Ku" used in Articles 4 (1), 35 (4) and 71 shall be read as the term "the Superintendent of the Office of Education and the head of the district office of education"; the term "the Superintendent of the Office of Education of the Seoul Special Metropolitan City, Metropolitan City and Do" used in Article 4 (2), as the term "board of education of the Seoul Special Metropolitan City, Metropolitan City and Do"; the term "the Superintendent of the Office of Education of the City/Do"used in Articles 35 (4) and 71, as the term "board of education of the City/Do"; and the term "the Superintendent of the Office of Education" used in Article 35 (4), as the term "board of education or the Superintendent of the Office of Education"; until the Superintendent of the Office of Education is elected by each local government.
Article 3 (Transitional Measures concerning Appointment of School Personnel of College Educational Institutions)
Teachers and clerical personnel in active service in the college educational institutions at the time of the enforcement of this Act shall be considered to have been appointed by the school foundation under this Act.
Article 4 (Transitional Measures concerning Disciplinary Case of Teacher)
Notwithstanding the provisions of Article 62, any disciplinary case pending at the time of the enforcement of this Act shall be deliberated and decided by the previous teachers' disciplinary committee.
Article 5 (Transitional Measures concerning Case of Request for Review)
Any case of request for a review pending to the review committee at the time of the enforcement of this Act or raised until the review committee is established under this Act after this Act enters into force, shall be subject to the previous provisions.
Article 6 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. 4347, Mar. 8, 1991>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of the election of local council members to be held for the first time after the Local Autonomy Act (Act No. 4310) as amended, enters into force.
Articles 2 through 12 Omitted.
ADDENDA <Act No. 4376, May 31, 1991>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures)
The previous provisions shall apply to cases for which a petition filed by a teacher or a review is pending under the Educational Officials Act or the Private School Act as at the time this Act enters into force.
Articles 3 Omitted.
ADDENDA <Act No. 5069, Dec. 29, 1995>
Article 1 (Enforcement Date)
This Act shall enter into force on March 1, 1996.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 5274, Jan. 13, 1997>
(1) (Enforcement Date) This Act shall enter into force at the expiration of three months from its promulgation.
(2) (Transitional Measures concerning Director) Notwithstanding therevised provisions of Article 21, directors in office as at the time this Act enters into force, shall be considered to have taken office as such pursuant to this Act until the date of the termination of term of office.
(3) (Transitional Measures concerning Fine for Negligence) When imposing fines for negligence to the acts of violation committed before the enforcement of this Act, the previous provisions shall apply.
ADDENDA <Act No. 5345, Aug. 22, 1997>
(1) (Enforcement Date) This Act shall enter into force on January 1, 1998.
(2) (Time Limit for Application) The amendments of Article 35-2 shall apply to persons who apply for authorization on dissolution of a school foundation until December 31, 2006. <Amended by Act No. 6332, Dec. 30, 2000; Act No.7118, Jan. 29, 2004>
ADDENDA <Act No. 5438, Dec. 13, 1997>
Article 1 (Enforcement Date)
This Act shall enter into force on March 1, 1998.
Articles 2 through 14 Omitted.
ADDENDA <Act No. 5453, Dec. 13, 1997>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 1998. (Proviso Omitted.)
Article 2 Omitted.
ADDENDUM <Act No. 5454, Dec. 13, 1997>
This Act shall enter into force on January 1, 1998. (Proviso Omitted.)
ADDENDUM <Act No. 5683, Jan. 21, 1999>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 5982, May 24, 1999>
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. 6004, Aug. 31, 1999>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation: Provided, That the amendments to Articles 21 (2) and (4) and 53-4 shall take effect on March 1, 2000 and the amendments to Article 53-2 (3) shall take effect on January 1, 2002.
(2) (Transitional Measures on Contractual Appointment) Teachers appointed for a specified period pursuant to the former provisions shall, notwithstanding the amendments to Article 53-2 (3), be governed by the former provisions until their terms of appointment expire.
(3) (Transitional Measures on Provisional Directors) The term of provisional directors in office as at the time this Act enters into force shall expire on December 31, 1999.
ADDENDUM <Act No. 6212, Jan. 28, 2000>
This Act shall enter into force on the date of its promulgation: Provided, That the provisions concerning the voluntary temporary retirement for child-nursing among the amended provisions of Article 59 (1), shall enter into force on January 1, 2001.
ADDENDUM <Act No. 6332, Dec. 30, 2000>
This Act shall enter into force on the date of its promulgation.
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. 6715, Aug. 26, 2002>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 7118, Jan. 29, 2004>
This Act shall enter into force on the date of its promulgation.
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. 7352, 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 College Educational Institution Teachers Appointed by Fixing Contract Terms) Procedures for the re-appointment of college educational institution teachers in office who are appointed by fixing their contract terms under the previous provisions as at the time this Act enters into force shall be governed by the amended provisions of Article 53-2 (4) through (8).
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. 7802, Dec. 29, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2006: Provided, That the amended provisions of Article 53-2 (9) shall enter into force on March 1, 2007.
Article 2 (Application Example)
The amended provisions of Article 53-2 (9) shall apply, starting with the portion of the new employment that is first made after the enforcement of this Act.
Article 3 (Transitional Measures concerning Composition of Officers)
In case where the number of directors who are recommended by the school operating committee or the university deliberation committee pursuant to the amended provisions of Articles 14 and 21 (5) at the time of the enforcement of this Act falls short of the fixed number, new officers shall be appointed and any officer is vacant on the grounds of the expiration of his term of office, the officer who is recommended by the committee shall be preferentially appointed to fill the vacancy.
Article 4 (Transitional Measures concerning Terms of Office of Officers)
Any officer who holds his office at the time of the enforcement of this Act shall be governed by the previous provisions until the time when his term of office expires, notwithstanding the amended provisions of Articles 20 (3) and 21 (5).
Article 5 (Transitional Measures concerning Grounds of Disqualifications of Officers and Teachers)
Any officer or any teacher who holds his office and teaches at the time of the enforcement of this Act shall be deemed to take office or be appointed pursuant to this Act, notwithstanding the amended provisions of subparagraphs 2 through 5 of Article 22 and Article 54-3 (4). <Amended by Act No. 8545, Jul. 27, 2007>
Article 6 (Transitional Measures concerning Restrictions on Appointments of Heads of Schools)
The head of any school who holds his office at the time of the enforcement of this Act shall be governed by the previous provisions until the time when his term of office expires, notwithstanding the amended provisions of Article 54-3 (1) through (3).
Article 7 Omitted.
ADDENDUM <Act No. 8529, Jul. 19, 2007>
This Act shall enter into force on January 1, 2008.
ADDENDA <Act No. 8545, Jul. 27, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Application Example on Composition of Board of Directors)
If any executive is vacant due to the reasons such as the expiration of his term of office after this Act enters into force, new executives shall be preferentially selected and appointed with the recommendation of the open-type director recommendation committee as prescribed in the amended provisions of Article 14 (3).
Article 3 (Transitional Measures concerning Open-Type Directors)
Any open-type directors who were selected and appointed pursuant to the previous provisions of Article 14 (3) at the time this Act enters into force shall be deemed to have been selected and appointed under this Act.
Article 4 (Transitional Measures concerning Temporary Directors)
Any temporary directors who were selected and appointed pursuant to the previous provisions of Article 25 at the time this Act entered into force shall be deemed to have been selected and appointed under this Act.
Article 5 (Transitional Measures concerning Terms of Office of Temporary Directors)
The term of office of the temporary directors who were selected and appointed after July 1, 2006 and hold office at the time this Act entered into force shall expire on June 30, 2008.
ADDENDA <Act No. 8639, Oct. 17, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 (Transitional Measures)
(1) In cases where an incorporated foundation under the Civil Act which establishes and operates a lifelong educational facility in the form of distant college under Article 22 (3) of the Lifelong Education Act intends to change the relevant facility into cyber university under the Higher Education Act, it shall alter its organization into that of a school foundation under this Act with the approval of the Minister of Education and Human Resources Development.
(2) In cases where an incorporated foundation has been reorganized into a school foundation under paragraph (1), any dispositions taken by the Minister of Education and Human Resources Development toward such foundation prior to its reorganization shall be deemed to be taken toward the reorganized school foundation within the scope that such dispositions do not conflict with this Act.
(3) In cases where an incorporated foundation has been reorganized into a school foundation under paragraph (1), the executives of the foundation existing prior to its reorganization shall remain as the executives of the school foundation for their remaining period.
(4) In cases where an incorporated foundation has been reorganized into a school foundation under paragraph (1), the former claims and obligations resulted from operation of a school by such foundation shall be taken over inclusively by the reorganized school foundation.
(5) The teachers and staff, who are in office at the lifelong educational facility in the form of distant college established and operated by an incorporated foundation to be reorganized into a school foundation under paragraph (1), shall be deemed to have been appointed by the relevant school foundation under this Act.
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 8888, Mar. 14, 2008>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of subparagraph 6 of Article 59 (1) shall enter into force on January 1, 2009.
(2) (Application Example on Appointment of Teachers) The amended provisions of Articles 54-3 (5) and (6) shall apply to those who are removed or dismissed for the first time by discipline punishment upon occurrence of reasons for discipline punishment pursuant to the amended provisions of each subparagraph of Article 54-3 (5) 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. 10580 Apr. 12, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force six months after its promulgation: (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Act No. 10637, May 19, 2011>
(1) (Enforcement Date)This Act shall enter into force on the date of its promulgation.
(2) (Applicability to Restriction on Appointment of Teachers) The amended provisions of Articles 54-3 (5) and 54-4 (4) shall apply, starting from the first person who is dismissed or discharged, or is sentenced to imprisonment without prison labor or to a heavier punishment (including those for whom a period of suspension of execution of such punishment has elapsed since the suspension of execution was declared) for committing the acts in each subparagraph of Article 54-3 (5) after this Act enters into force.
ADDENDUM <Act No. 10871, Jul. 21, 2011>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 10906, Jul. 25, 2011>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 11216, Jan. 26, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 45 and 55 shall enter into force six months after the date of its promulgation.
Article 2 (Applicability concerning Revision to Articles of Association)
The amended provisions of Article 45 shall begin to apply to the first revision to articles of association after the adoption of a resolution by the board of directors after the relevant amended provisions enter into force.
Article 3 (Applicability concerning Notification on Commencement of Investigation)
The amended provisions of Article 66-2 shall begin to apply to the first case under investigation conducted by the Board of Audit and Inspection of Korea, prosecution, police or other investigative agencies after this Act enters into force.
ADDENDA <Act No. 11622, Jan. 23, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability)
The amended provisions of Articles 29 (2) and (4), 31 (3) and 32-2 (3) shall apply, starting from the first fiscal year that begins after this Act enters into force.
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. 12125, Dec. 30, 2013>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 13224, Mar. 27, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Applicability to Requests for Review of Disciplinary Decisions)
The amended provisions of Article 66-2 shall also apply to a disciplinary case deliberated on by a teachers' disciplinary committee as at the time this Act enters into force.
Article 3 (Applicability to Extension of Prescription of Causes for Disciplinary Action)
The amended provisions of Article 66-4 (1) shall also apply to a person for whom a cause for disciplinary action arisen before this Act enters into force but the prescription of disciplinary action under the former provisions has not been completed.
Article 4 (Transitional Measures concerning Accounting of Kindergartens)
The budgets for accounts executed by the head of a kindergarten pursuant to the former provisions as at the time this Act enters into force shall be deemed to have been consulted upon under the amended provisions of Article 29 (4) 3.
Article 5 Omitted.
ADDENDA <Act No. 13573, Dec. 22, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Applicability to Ipso Facto Retirement of Clerical Personnel)
The amended provisions of Article 70-3 shall begin to apply from the first person who constitutes the reasons for ipso facto retirement referred to in Article 57, due to a cause that arises or an act committed after this Act enters into force.
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.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 13938, Feb. 3, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 54-5, 58-2 (1) 4 and (5) shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Measures against Cheaters)
The amended provisions of Article 53-3 shall begin to apply from the first examination for employment conducted after this Act enters into force.
Article 3 (Applicability to Restrictions on Voluntary Dismissal from Office)
The amended provisions of Article 54-5 shall also apply to teachers who constitute the reasons specified in any subparagraph of Article 54-5 (1) as at the time such amended provisions enter into force.
Article 4 (Applicability to Persons Subject to Dismissal from Position)
The amended provisions of Article 58-2 (1) 4 shall begin to apply from the first person investigated by the Board of Audit and Inspection, the prosecution, the police, or by other investigative agency, for his/her misconduct that he/she engages in after such amended provisions enter into force.
Article 5 (Applicability to Reasons for Temporary Leave)
The amended provisions of Article 59 (1) 7-2 shall also apply to a private school teacher who has adopted a child under such amended provisions as at the time this Act enters into force.
ADDENDA <Act No. 14154, May 29, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 62 (2) through (4) shall enter into force three months after the date of its promulgation.
Article 2 (Transitional Measures Concerning Restriction on Appointment of Head of School)
Where, at the time this Act enters into force, the head of a school and the chief director of the school foundation are in the relationship falling under any subparagraph of Article 54-3 (3) due to replacement of the chief director or change in kindred relationship, etc., the former provisions shall apply, notwithstanding the amended provisions of Article 54-3 (4).
Article 3 (Transitional Measures Concerning Pending Disciplinary Cases)
With respect to the disciplinary cases pending because a request for disciplinary action was made pursuant to Article 64 before the enforcement date prescribed in the proviso of Article 1 of this Addenda, the former provisions shall apply, notwithstanding the amended provisions of Article 62 (2) through (4).
Article 4 Omitted.
ADDENDA <Act No. 14468, Dec. 27, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 3 (1) 1 shall enter into force three months after the date of its promulgation.
Article 2 (Transitional Measures Concerning Establishment of Special Education Schools)
The amended provisions of Article 3 (1) 1 shall begin to apply from the first person who files his/her application for authorization of establishment of a special education school prescribed in Article 4 (2) of the Elementary and Secondary Education Act after enforcement of the aforementioned amended provisions: Provided, That during the course of proceeding with required procedures in accordance with relevant statutes and regulations to meet the standards of establishment as prescribed in Article 4 (1) of the Elementary and Secondary Education Act, the authorization shall be deemed to have applied before enforcement of the same amended provisions.
Article 3 (Applicability concerning Extraordinary Funds for Specified Purposes)
(1) The amended provisions of Article 32-2 (2) shall begin to apply from the first fiscal year time after this Act enters into force.
(2) The funds which had been managed for other unspecified purposes as at the time this Act enters into force pursuant to the former provisions shall be accumulated or used for the purposes of research, construction, scholarships, retirement allowances, or other extraordinary funds for specified purposes within the fiscal year beginning for the first time after this Act enters into force.
Article 4 Omitted.
ADDENDA <Act No. 15022, Oct. 31, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 15 Omitted.
ADDENDA <Act No. 15040, Nov. 28, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That Article 3 of the Addenda shall enter into force on November 1, 2018.
Article 2 (Applicability to Filing Reports on Investment Performance of Accumulated Funds)
(1) The amended provisions of Article 32-2 (4) through (6) shall apply, beginning with the first fiscal year commencing after this Act enters into force.
(2) A report on the investment performance made under the previous provisions as at the time this Act enters into force shall be filed within the first fiscal year commencing after this Act enters into force pursuant to the amended provisions of Article 32-2 (4) through (6)
Article 3 (Applicability to Evaluation for Re-Appointing Teachers)
The amended provisions of Article 53-2 (7) and (8) shall apply, beginning with the first evaluation for re-appointing a teacher after this Act enters into force.
Article 4 Omitted.
ADDENDA <Act No. 15555, Apr. 17, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 66-4 (1) 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 66-4 (1) shall also apply to a person, for whom the ground for taking disciplinary actions has arisen before this Act enters into force but the prescribed period for disciplinary actions taken under the previous provisions has not expired.