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ENFORCEMENT DECREE OF THE ACT ON SPECIAL CASES CONCERNING THE DISCLOSURE OF INFORMATION BY EDUCATION-RELATED INSTITUTIONS

Presidential Decree No. 21119, Nov. 17, 2008

Amended by Presidential Decree No. 22084, Mar. 23, 2010

Presidential Decree No. 22151, May 4, 2010

Presidential Decree No. 22467, Nov. 2, 2010

Presidential Decree No. 22899, Apr. 8, 2011

Presidential Decree No. 23089, Aug. 19, 2011

Presidential Decree No. 23273, Nov. 1, 2011

Presidential Decree No. 23304, Nov. 23, 2011

Presidential Decree No. 23612, Feb. 3, 2012

Presidential Decree No. 23744, Apr. 20, 2012

Presidential Decree No. 24027, Aug. 13, 2012

Presidential Decree No. 24133, Oct. 9, 2012

Presidential Decree No. 24423, Mar. 23, 2013

Presidential Decree No. 24827, Nov. 5, 2013

Presidential Decree No. 25840, Dec. 9, 2014

Presidential Decree No. 26146, Mar. 17, 2015

Presidential Decree No. 26323, jun. 22, 2015

Presidential Decree No. 26855, Dec. 31, 2015

Presidential Decree No. 27751, Dec. 30, 2016

Presidential Decree No. 27812, Jan. 31, 2017

Presidential Decree No. 28860, Apr. 30, 2018

 Article 1 (Purpose)
The purpose of this Decree is to prescribe matters mandated by the Act on Special Cases concerning the Disclosure of Information by Education-Related Institutions and matters necessary for enforcing said Act.
 Article 2 (Schools Not subject to Publication of Information)
"Schools specified by Presidential Decree" in subparagraph 5 of Article 2 of the Act on Special Cases concerning the Disclosure of Information by Education-Related Institutions (hereinafter referred to as the "Act") means the following schools:
1. Air Force Aviation Science High School established under the Act on the Establishment of the Air Force Aviation Science High School;
2. Korea Military Academy, Republic of Korea Naval Academy, and Republic of Korea Air Force Academy established under the Establishment of Military Academies Act;
3. Korea National Defense University established under the Act on the Establishment of the Korea National Defense University;
4. Korea Armed Forces Nursing Academy established under the Act on Establishment of the Korea Armed Forces Nursing Academy;
5. Korean National Police University established under the Establishment of the Korean National Police University Act;
6. Korea Army Academy at Yeong-Cheon established under the Act on the Establishment of the Korea Army Academy at Yeong-Cheon;
7. Deleted. <by Presidential Decree No. 23612, Feb. 3, 2012>
 Article 3 (Scope of Information Published by Elementary and Secondary Schools, and Frequency, Timing, etc. of Publication)
(1) The scope of information the head of a school providing elementary or secondary education (hereinafter referred to as "elementary or secondary school") must publish pursuant to Article 5 (1) of the Act and the frequency and timing of such publication shall be as specified in attached Table 1 if the school is an elementary or secondary school other than a foreigners' school (referring to a foreigners' school specified in Article 60-2 of the Elementary and Secondary Education Act; hereinafter the same shall apply); if the school is a foreigners' school, attached Table 1-2 shall be followed. <Amended by Presidential Decree No. 22899, Apr. 8, 2011>
(2) The head of an elementary or secondary school may autonomously publish the details other than the information published pursuant to attached Table 1 or 1-2. <Amended by Presidential Decree No. 22899, Apr. 8, 2011>
(3) Where the head of an elementary or secondary school publishes information pursuant to attached Table 1 or 1-2, he/she shall also publish the information previously published during the three years prior to the relevant date of publication. <Amended by Presidential Decree No. 22899, Apr. 8, 2011>
(4) Where the Superintendent of an Office of Education or the Minister of Education discloses the materials specified in Article 5 (1) 4 or 12 of the Act, the scope of information to be disclosed in relation to the locations of individual schools shall be as follows: <Amended by Presidential Decree No. 24423, Mar. 23, 2013; Presidential Decree No. 24827, Nov. 5, 2013>
1. Schools defined in subparagraph 1 or 2 of Article 2 of the Elementary and Secondary Education Act and schools for the elementary or middle school courses among various kinds of schools defined in subparagraph 5 of the same Article: the information shall be disclosed for the unit of each lower educational administrative agency referred to in Article 34 (1) of the Local Education Autonomy Act;
2. Schools defined in subparagraph 3 or 4 of Article 2 of the Elementary and Secondary Education Act and schools for the high school courses among various kinds of schools defined in subparagraph 5 of the same Article: the information shall be disclosed for the unit of each Office of Education having jurisdiction over the Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Do, or a Special Self-Governing Province (hereinafter referred to as the "City/Do").
 Article 3-2 (Scope of Information Published by Kindergartens, Frequency, Timing, etc. of Publication)
(1) The scope of information the head of a kindergarten must publish pursuant to Article 5-2 (1) of the Act and the frequency and timing of such publication shall be as specified in attached Table 1-3.
(2) Where the head of a kindergarten publishes information pursuant to attached Table 1-3, he/she shall also publish the information previously published during the three years prior to the relevant date of publication.
[This Article Newly Inserted by Presidential Decree No. 23744, Apr. 20, 2012]
 Article 3-3 Deleted. <by Presidential Decree No. 26146, Mar. 17, 2015>
 Article 4 (Scope of Information Published by Higher Educational Institutions, Frequency, Timing, etc. of Publication)
(1) The scope of the published information in each subparagraph of Article 6 (1) of the Act and the frequency and timing of such publication shall be as specified in attached Table 2.
(2) The head of a school providing higher education under the former part of Article 6 (1) of the Act (hereinafter referred to as "higher educational institution") shall publish the information specified in attached Table 2 for the majors or recruitment units by department or undergraduate course, as well as for the school units. In such cases, he/she shall do so by distinguishing the information on graduate courses from that on undergraduate courses and according to the classifications specified in each subparagraph of Article 22 of the Enforcement Decree of the Higher Education Act.
(3) Where the head of a higher educational institution publishes information pursuant to attached Table 2, he/she shall also publish the information published during the three years prior to the relevant date of publication.
 Article 5 (Management and Disclosure of Information on Higher Educational Institutions)
(1) The Minister of Education may integrate the published information the heads of higher educational institutions have submitted under the latter part of Article 6 (1) of the Act to manage such information. <Amended by Presidential Decree No. 24423, Mar. 23, 2013>
(2) The Minister of Education may standardize important items in the published information referred to in paragraph (1) to disclose such information. <Amended by Presidential Decree No. 24423, Mar. 23, 2013>
(3) Matters necessary for the management and disclosure referred to in paragraphs (1) and (2) shall be prescribed by the Minister of Education. <Amended by Presidential Decree No. 24423, Mar. 23, 2013>
 Article 6 (Methods of Publishing Information)
(1) The head of a kindergarten, an elementary or secondary school, or a higher educational institution shall post the information published pursuant to Article 5 (1), 5-2 (1), or 6 (1) of the Act on its website or the publication-related website managed by the Minster of Education so that citizens can readily understand such information. <Amended by Presidential Decree No. 23744, Apr. 20, 2012; Presidential Decree No. 26146, Mar. 17, 2015>
(2) The head of a kindergarten, an elementary or secondary school, or a higher educational institution shall separately keep and manage materials on the published information. <Amended by Presidential Decree No. 23744, Apr. 20, 2012>
(3) The head of a kindergarten, an elementary or secondary school, or a higher educational institution, in receipt of a request for provision of the information it has previously published, shall make such information accessible to the relevant applicant or provide a copy or replication thereof. <Amended by Presidential Decree No. 23744, Apr. 20, 2012>
(4) Expenses incurred in accessing the published information or providing or mailing a copy or replication thereof pursuant to paragraph (3) shall be borne by the relevant applicant within the limit of actual expenses: Provided, That a reduction of or exemption from such expenses may be granted if the use of the information is deemed necessary to maintain or enhance public welfare.
 Article 7 (Designation, etc. of Institution for Overall Administration and Institutions for Administration of Each Item)
(1) A person that intends to be designated as an institution for overall administration or an institution for administration of each item under Article 7 (2) of the Act shall file an application with the Minister of Education for designation of the relevant institution, including the following documents: <Amended by Presidential Decree No. 24423, Mar. 23, 2013>
1. A business implementation plan;
2. The details of facilities, equipment, professional manpower, etc. necessary to conduct business as well as an operational plan;
3. The articles of incorporation (limited to corporations).
(2) Where a corporation intends to be designated as any institution specified in paragraph (1), the supervisory authorities shall verify a certificate of matters entered in the register of corporations by sharing administrative information referred to in Article 36 (1) of the Electronic Government Act. <Amended by Presidential Decree No. 22151, May 4, 2010; Presidential Decree No. 22467, Nov. 2, 2010>
(3) Upon receipt of an application for the designation of an institution for overall administration or an institution for administration of each item under paragraph (1), the Minister of Education shall make a decision on the designation within 30 days after receipt of such application: Provided, That the period may be extended by up to 30 days only once if extenuating circumstances exist. <Amended by Presidential Decree No. 24423, Mar. 23, 2013>
(4) The institution for overall administration and an institution for administration of each item shall collect and manage the published information submitted under the latter part of Article 5 (1) of the Act, the latter part of Article 5-2 (1) of the Act, or the latter part of Article 6 (1) of the Act. <Amended by Presidential Decree No. 23744, Apr. 20, 2012>
(5) The institution for overall administration shall manage and operate published information in association with institutions for administration of each item and shall conduct research to improve the quality of published information.
(6) The institution for overall administration shall make an annual report to the Superintendent of each Office of Education and the Minister of Education on matters concerning the management and operation of information published by the heads of kindergartens, elementary or secondary schools, or higher educational institutions. <Amended by Presidential Decree No. 23744, Apr. 20, 2012; Presidential Decree No. 24423, Mar. 23, 2013>
 Article 8 Deleted. <by Presidential Decree No. 24827, Nov. 5, 2013>
 Article 9 (Providing Materials to Researchers, etc.)
(1) Where a researcher, etc. request the head of an education-related institution to provide materials it keeps and manages, the researcher, etc. shall submit a request for the provision of information stating the following matters as well as a research plan specifying the purpose, details, period, method, usage plan, etc. of research: <Amended by Presidential Decree No. 23744, Apr. 20, 2012>
1. Contact information, such as the requester's name, address, phone number, and e-mail address;
2. Details of the information the requester intends to receive and the method of providing the information.
(2) The head of the relevant education-related institution shall determine whether to provide information within ten days after receipt of a request therefor under paragraph (1), and may extend the period for determining provision of the information by up to ten days counting from the date following the last day of the period if he/she is unable to determine whether to provide the information within the period due to extenuating circumstances. In such cases, the head of the education-related institution shall notify the requester of the extension of the period and the reason therefor in writing without delay.
(3) The head of an education-related institution shall endeavor to provide information necessary for accomplishing the purposes of research; and where the head of an education-related institution fails to determine whether to provide the information within 20 days after receipt of a request for provision thereof, he/she shall be deemed to have determined not to provide it.
(4) The head of an education-related institution required to establish an Information Disclosure Council pursuant to Article 12 (1) of the Official Information Disclosure Act shall determine the scope and details of materials to be provided, subject to deliberation by the Information Disclosure Council: Provided, That matters separately determined by the Information Disclosure Council may be provided without undergoing its deliberation. <Amended by Presidential Decree No. 23744, Apr. 20, 2012>
(5) In cases of an education-related institution not included in the education-related institutions specified in paragraph (4), it may establish an Information Disclosure Council to conduct deliberations under paragraph (4) by applying mutatis mutandis Article 12 of the Official Information Disclosure Act; and in cases of an elementary or secondary school, the relevant School Governance Committee established under Article 31 of the Elementary and Secondary Education Act may conduct deliberations under paragraph (4).
 Article 9-2 (Collection, Provision, etc. of Information)
(1) The Minister of Education or the Superintendent of an Office of Education may collect, link, or process information pursuant to Article 8-2 of the Act and may construct and operate an information system to provide such information. <Amended by Presidential Decree No. 24423, Mar. 23, 2013>
(2) Where the Minister of Education or the Superintendent of an Office of Education collects information held and managed by any school pursuant to Article 8-2 (1) of the Act, he/she shall endeavor to minimize the burden to the school. <Newly Inserted by Presidential Decree No. 26146, Mar. 17, 2015>
(3) Article 9 (1) through (4) shall apply mutatis mutandis to where a researcher, etc. request the Minister of Education or the Superintendent of an Office of Education to provide any information under paragraph (1) and to where the Minister of Education or the Superintendent of the Office of Education determines whether to provide the information. In such cases, "the head of an education-related institution" shall be construed as "the Minister of Education or the Superintendent of an Office of Education." <Amended by Presidential Decree No. 24423, Mar. 23, 2013; Presidential Decree No. 26146, Mar. 17, 2015>
[This Article Newly Inserted by Presidential Decree No. 23744, Apr. 20, 2012]
 Article 10 (Delegation of Authority)
(1) The Minister of Education shall delegate the following authority to the Superintendent of the competent Office of Education pursuant to Article 9 of the Act: <Amended by Presidential Decree No. 23089, Aug. 19, 2011; Presidential Decree No. 23744, Apr. 20, 2012; Presidential Decree No. 24423, Mar. 23, 2013>
1. Recommending corrective measures pursuant to Article 7 (3) of the Act;
2. Issuing an order for correction or rectification pursuant to Article 10 (1) of the Act;
3. Taking measures, such as reducing the maximum number of kindergarten children, reducing the number of classes, or suspending the enrollment of young children under Article 30 (2) of the Early Childhood Education Act, or taking measures, such as issuing an order to revoke or suspend the relevant violation or reducing the maximum number of students enrolled under Article 63 (2) of the Elementary and Secondary Education Act, which are applied mutatis mutandis pursuant to Article 10 (2) of the Act;
4. Requesting the submission of materials pursuant to Article 10-2 (2) of the Act or receiving such materials pursuant to Article 10-2 (3) of the Act;
5. Issuing an order for correction or rectification pursuant to Article 10-2 (4) of the Act;
6. Taking measures, such as reducing the maximum number of kindergarten children, reducing the number of classes, or suspending the enrollment of young children under Article 30 (2) of the Early Childhood Education Act, or taking measures, such as issuing an order to revoke or suspend the relevant violation or reducing the maximum number of students under Article 63 (2) of the Elementary and Secondary Education Act, which are applied mutatis mutandis pursuant to Article 10-2 (5) of the Act;
7. Publishing the relevant fact pursuant to Article 10-2 (6) of the Act.
 Article 11 (Ascertainment, etc. of Published Information)
Where deemed necessary to issue an order for correction or rectification pursuant to Article 10 (1) or 10-2 (4) of the Act, the Minister of Education may ascertain or verify the information published by the head of the relevant kindergarten, elementary or secondary school, or higher educational institution. <Amended by Presidential Decree No. 23089, Aug. 19, 2011; Presidential Decree No. 23744, Apr. 20, 2012; Presidential Decree No. 24423, Mar. 23, 2013>
 Article 12 (Designation of Writer, etc. by Published Item)
(1) In order to enhance the accuracy of published information, the head of a kindergarten, an elementary or secondary school, or a higher educational institution shall designate a writer and a person in charge of confirming each published item and shall publish them as well. <Amended by Presidential Decree No. 23744, Apr. 20, 2012>
(2) The head of a kindergarten, an elementary or secondary school, or a higher educational institution and the writer and the perform in charge of confirming each published item shall frequently inspect and ascertain the accuracy and substantiality of published information. <Amended by Presidential Decree No. 23744, Apr. 20, 2012>
(3) Where the head of a kindergarten, an elementary or secondary school, or a higher educational institution discovers any errors, etc. as a result of inspection conducted under paragraph (2), he/she shall rectify or supplement them without delay. <Amended by Presidential Decree No. 23744, Apr. 20, 2012>
 Article 13 (Review of Regulation)
The Minister of Education shall review the appropriateness of the following matters every three years (referring to the day before each third anniversary from the base date) counting from the following relevant base date, and shall take measures, such as making improvements:
1. The scope of information published by elementary and secondary schools and the frequency and timing of publication referred to in Article 3, attached Tables 1 and 1-2: January 1, 2017;
2. The scope of information published by kindergartens and the frequency and timing of publication referred to in Article 3-2 and attached Table 1-3: January 1, 2017;
3. The scope of information published by higher educational institutions and the frequency and timing of publication referred to in Article 4 and attached Table 2: January 1, 2017.
[This Article Wholly Amended by Presidential Decree No. 27751, Dec. 30, 2016]
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Publication of Information)
Information that must be published for the latest three years pursuant to Article 3 (3) or 4 (3) shall begin to apply from the first information published after this Decree enters into force. <Amended by Presidential Decree No. 22084, Mar. 23, 2010>
Article 3 (Special Cases concerning Scope and Timing of Publication of Information)
(1) Notwithstanding the amended provisions of Articles 3 (3) and 4 (3), the head of an elementary or secondary school or a higher educational institution for which three years have not passed since its establishment or foundation after this Decree enters into force shall publish the information published from the day after its establishment or foundation to the date of publication. <Amended by Presidential Decree No. 22084, Mar. 23, 2010>
(2) Notwithstanding the timing of publication specified in attached Tables 1 and 2, the first publication of information after this Decree enters into force shall be conducted on December 1, 2008: Provided, That the head of an elementary or secondary school shall publish students' academic achievement by subject among matters on learning in each grade and each class of the school specified in subparagraph 4 of attached Table 1, starting from the results of the evaluation of academic achievement conducted in 2009; the status of application for a national level evaluation of academic achievement and the proportion of three grades (above average academic ability, basic academic ability, and below basic academic ability) as a result of such national level evaluation of academic achievement among matters concerning basic data for academic research on a national or City/Do-level evaluation of academic achievement specified in subparagraph 12 of attached Table 1, starting from the results of such evaluation conducted in 2010; and the degree of year-on-year improvement (above average academic ability and below basic academic ability) as a result of a national level evaluation of academic achievement, starting from the results of such evaluation conducted in 2011, while the head of the higher educational institution shall publish the results of evaluation of universities and colleges referred to in Article 11-2 of the Higher Education Act among matters concerning the educational conditions, status of school operation, etc. specified in subparagraph 13 of attached Table 2, starting from the results of such evaluation conducted in 2009.
ADDENDA <Presidential Decree No. 22084, Mar. 23, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Special Cases concerning Timing to Publish Information)
Matters concerning improving students' physical strength referred to in subparagraph 15 (k) of attached Table 1 shall be published, starting from 2011 for middle schools and 2012 for high schools.
ADDENDA <Presidential Decree No. 22151, May 4, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 5, 2010.
Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 22467, Nov. 2, 2010>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 22899, Apr. 8, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of subparagraph 2 of attached Table 1 concerning the organization, operation, and evaluation of school curricula (including plans for subjects and discretionary, special and experiential activities) as well as concerning plans for distinctive educational activities; the amended provisions of subparagraph 4 (a) of the same Table; and the amended provisions of subparagraph 15 of the same Table concerning plans for operating after-school programs shall enter into force on January 1, 2012.
Article 2 (Special Cases concerning Timing to Publish Information)
Notwithstanding the amended provisions of subparagraphs 8 (j) and 8-2 (a) of attached Table 2, matters concerning the status of tuition fees and the grounds for calculating tuition fees for 2011 shall be published in April 2011 and July 2011, respectively.
ADDENDUM <Presidential Decree No. 23089, Aug. 19, 2011>
This Decree shall enter into force on August 20, 2011.
ADDENDUM <Presidential Decree No. 23273, Nov. 1, 2011>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 23304, Nov. 23, 2011>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 23612, Feb. 3, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 23744, Apr. 20, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Publication of Information)
Notwithstanding the amended provisions of Article 3-2 (2), the information for the relevant year shall be published in 2012, and that for the preceding year and relevant year shall be published in 2013.
Article 3 (Special Cases concerning Timing to Publish Information)
Notwithstanding the timing of publication referred to in attached Table 1-3, the first publication of information after this Decree enters into force shall be conducted on September 2012.
ADDENDUM <Presidential Decree No. 24027, Aug. 13, 2012>
This Decree shall enter into force on January 1, 2013.
ADDENDUM <Presidential Decree No. 24133, Oct. 9, 2012>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 24423, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Presidential Decree No. 24827, Nov. 5, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Adjustment of Timing to Publish School Development Plans and Specialization Plans)
Notwithstanding the amended provisions of subparagraph 11 of attached Table 2, the former provisions shall apply to the timing to publish school development plans and specialization plans that must be published in 2013.
ADDENDA <Presidential Decree No. 25840, Dec. 9, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2015.
Articles 2 through 16 Omitted.
ADDENDA <Presidential Decree No. 26146, Mar. 17, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Adjustment of Timing to Publish Matters on Improving Students' Physical Strength)
Notwithstanding the amended provisions of subparagraph 15 (i) of attached Table 1, the former provisions of subparagraph 15 (k) of attached Table 1 shall apply to the timing to publish matters on improving students' physical strength that must be published in 2015.
ADDENDA <Presidential Decree No. 26323, Jun. 22, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2016: Provided, That the amended provisions of subparagraph 4 (b) of attached Table 1-3, subparagraph 5 of the same Table, and subparagraph 3 in the remarks column of the same Table shall enter into force on the date of its promulgation; and the amended provisions of subparagraph 4 (a) of attached Table 1-3 and subparagraph 4 in the remarks column of the same Table shall enter into force on August 1, 2015.
Article 2 (Special Cases concerning Publication of Budget Bills and Settlements of Accounts for Accounting of Kindergartens)
Notwithstanding the amended provisions of subparagraph 4 (b) of attached Table 1-3 and subparagraph 3 in the remarks column of the same Table, budget bills for the accounting of kindergartens shall be published in October 2015.
ADDENDUM <Presidential Decree No. 26855, Dec. 31, 2015>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 27751, Dec. 30, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2017. (Proviso Omitted.)
Articles 2 through 12 Omitted.
ADDENDUM <Presidential Decree No. 27812, Jan. 31, 2017>
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of subparagraph 12 (d) and (e) of attached Table 1 shall enter into force on January 1, 2018.
ADDENDUM <Presidential Decree No. 28860, Apr. 30, 2018>
This Decree shall enter into force on the date of its promulgation.