CHAPTER Ⅰ GENERAL PROVISIONS
The definitions of terms used in this Act shall be as follows:
| 1. | The term “lifelong education” means all types of systematic educational activities other than regular school curriculums, including supplementary education for educational attainment, basic literacy education for adults, occupational ability enhancement education, humanities and liberal education, culture and art education, and citizen’s participation education; |
| 2. | The term “lifelong educational institutions” means any establishment, corporation or organization falling under any of the following items: |
| (a) | Establishment, corporation or organization authorized, registered or reported under this Act; |
| (b) | Private teaching institutes providing lifelong vocational training other than those providing supplementary education for school curriculums among those under the Act on the Establishment and Operation of Private Teaching Institutes and Extracurricular Lessons; |
| (c) | Establishment, corporation or organization, established mainly for lifelong education under other Acts and subordinate statutes; |
| 3. | The term “literacy education” means a systematic educational program for those who experience inconvenience in their family, society and occupational life due to lack of necessary basic ability in leading a daily life, to be equipped with the decoding ability. |
| Article 3 (Relations with other Acts) |
This Act shall apply to lifelong education, except as otherwise prescribed by other Acts.
| Article 4 (Ideals of Lifelong Education) |
| (1) | All citizens shall be guaranteed equal opportunities for lifelong education. |
| (2) | Lifelong education shall be conducted based on learners’ willing participation and voluntary study. |
| (3) | Lifelong education shall not be exploited as a tool for the propaganda of political or personal prejudice. |
| (4) | Any person who has completed a certain lifelong education course shall be afforded due social rewards, such as accreditation of the relevant qualification and educational attainment. |
| Article 5 (Duties of State and Local Governments) |
| (1) | The State and local governments shall establish and promote the lifelong education promotion policy to provide all people with opportunities to participate in lifelong education. |
| (2) | The State and local governments shall actively encourage the founders of organizations, establishments and places of business, etc. under their jurisdiction to conduct lifelong education. |
| Article 6 (Curriculums, etc.) |
Curriculums, methods, and time, etc. for lifelong education shall be prescribed by those who conduct lifelong education, except as specifically provided for in this Act and other Acts and subordinate statutes, and particular consideration shall be given to needs and practicality of learners.
| Article 7 (Use of Public Facilities) |
| (1) | Any person who conducts lifelong education may utilize public facilities for lifelong education within the extent it does not undermine the original purpose of such public facilities, as prescribed by the relevant Acts and subordinate statutes. |
| (2) | In the case of paragraph (1), the manager of pubic facilities shall permit the utilization of such public facilities unless any special reason exists to the contrary. |
| Article 8 (Study Vacation and Study Expenses Support) |
The State, the heads of local governments, the heads of public institutions or the chief executive managers of various corporations may grant their employees paid or non-paid study vacation to expand their lifelong education opportunity or pay them study expenses, such as expenses for books, education, research, etc.
CHAPTER Ⅱ MASTER PLAN, ETC. FOR LIFELONG EDUCATION PROMOTION
| Article 9 (Establishment of Master Plan for Lifelong Education Promotion) |
| (1) | The Minister of Education, Science and Technology shall establish a master plan for lifelong education promotion (hereinafter referred to as “master plan”) every five year. <Amended by Act No. 8852, Feb. 29, 2008> |
| (2) | The master plan shall include any of the matters prescribed in the following subparagraphs: |
| 1. | Matters concerning the mid and long-term policy objective and basic direction of lifelong education promotion; |
| 2. | Matters concerning the construction of foundation and activation of lifelong education; |
| 3. | Matters concerning the investment expansion for lifelong education promotion and its required financial resources; |
| 4. | Matters concerning the analysis and evaluation of lifelong education promotion policy; |
| 5. | Other necessary matters for lifelong education promotion. |
| (3) | The Minister of Education, Science and Technology shall notify the master plan to the heads of the central administrative agencies concerned, the Special Metropolitan City Mayor, the Metropolitan City Mayor, the Do Governor, the Governor of a Special Self-Governing Province (hereinafter referred to as “Mayor/Do Governor”), the City/Do Superintendent of an Office of Education and the head of a Si/Gun/autonomous Gu. <Amended by Act No. 8852, Feb. 29, 2008> |
| Article 10 (Establishment of Lifelong Education Promotion Committee) |
| (1) | The lifelong education promotion committee (hereinafter referred to as “promotion committee”) under the control of the Minister of Education, Science and Technology shall be established to deliberate upon the major matters concerning the lifelong education promotion policy. <Amended by Act No. 8852, Feb. 29, 2008> |
| (2) | The promotion committee shall deliberate upon any of the matters prescribed in the following subparagraphs: |
| 1. | Matters concerning the master plan; |
| 2. | Matters concerning the evaluation of lifelong education promotion policy and improvement of system; |
| 3. | Matters concerning the cooperation and adjustment of duties for lifelong education promotion policy; |
| 4. | Other matters determined by Presidential Decree for lifelong education promotion policy. |
| (3) | The promotion committee shall be comprised of not more than 20 members, including the chairperson. |
| (4) | The Minister of Education, Science and Technology shall act as the chairperson of the promotion committee and its members shall be commissioned by the chairperson among the vice ministers of the ministries and agencies concerned and those who have sufficient professional knowledge and experience in lifelong education related to lifelong education, such as specialists related to lifelong education, etc. <Amended by Act No. 8852, Feb. 29, 2008> |
| (5) | Necessary matters concerning the composition and operation of the promotion committee shall be prescribed by Presidential Decree. |
| Article 11 (Establishment and Implementation of Yearly Implementation Plan for Lifelong Education Promotion) |
The Mayor/Do Governor shall establish and implement the yearly implementation plan for lifelong education promotion (hereinafter referred to as “implementation plan”) according to the master plan. In such cases, he/she shall consult with the City/Do Superintendent of an Office of Education.
| Article 12 (City/Do Lifelong Education Council) |
| (1) | A City/Do lifelong education council (hereinafter referred to as the “City/Do Council”) under the control of the Mayor/Do Governor shall be established to deliberate upon the matters necessary for the establishment and implementation of the implementation plan. |
| (2) | The City/Do Council shall be comprised of not more than 20 members, including the chairperson and vice chairperson. |
| (3) | The Mayor/Do Governor shall act as the chairperson of the City/Do Council and the Vice-Superintendent of an Office of Education of City/Do shall act as the vice-chairperson. |
| (4) | Members of the City/Do Council shall be commissioned by the chairperson by consulting with the Superintendent of an Office of Education of the City/Do concerned among those who have professional knowledge and sufficient experience in lifelong education, such as the relevant public officials, specialists related to lifelong education, and operators of lifelong education agencies concerned. |
| (5) | Necessary matters concerning the composition and operation of the City/Do Council shall be prescribed by Municipal Ordinance of the local government concerned. |
| Article 13 (Cooperation by Heads, etc. of Administrative Agencies Concerned) |
| (1) | The Minister of Education, Science and Technology shall, if deemed necessary to establish the master plan, may request the heads of the administrative agencies concerned or other institutions or establishments to provide relevant data. <Amended by Act No. 8852, Feb. 29, 2008> |
| (2) | The Mayor/Do Governor shall, if deemed necessary to establish the implementation plan, may request the heads of the administrative agencies concerned or other institutions or establishments to provide relevant data. |
| (3) | The heads of institutions or establishments requested for data under paragraphs (1) and (2) shall cooperate with such request unless any special reason exists to the contrary. |
| Article 14 (Si/Gun/Autonomous Gu Lifelong Education Council) |
| (1) | The Si/Gun/autonomous Gu lifelong education council (hereinafter referred to as the “Si/Gun/Gu Council”) shall be established in a Si/Gun and an autonomous Gu to adjust the projects related to the implementation of lifelong education for residents in the community and to enhance cooperation among the agencies concerned. |
| (2) | The Si/Gun/Gu Council shall be comprised of not more than 12 members, including one chairperson and one vice-chairperson. |
| (3) | The head of a Si/Gun/autonomous Gu shall act as the chairperson of the Si/Gun/Gu Council and its members shall be commissioned by the chairperson among the relevant public officials of a Si/Gun and an autonomous Gu and regional offices of education, lifelong education specialists, and the operators of the lifelong education agencies concerned within the jurisdiction. |
| (4) | Necessary matters concerning the composition and operation, etc. of the Si/Gun/Gu Council shall be prescribed by Municipal Ordinance of the local government concerned. |
| Article 15 (Lifelong Study City) |
| (1) | The State may designate and support a lifelong study city for a Si/ Gun/autonomous Gun to activate lifelong education in the community. |
| (2) | A national lifelong study city council may be established to promote the connection and cooperation among lifelong study cities under paragraph (1) and information exchange. |
| (3) | Necessary matters concerning the composition and operation of the national lifelong study city council under paragraph (2) shall be prescribed by Presidential Decree. |
| (4) | Necessary matters concerning the designation and support of the national lifelong study city under paragraph (1) shall be prescribed by Ordinance of the Ministry of Education, Science and Technology. <Amended by Act No. 8852, Feb. 29, 2008> |
| Article 16 (Subsidies and Supports) |
| (1) | The State and local governments may operate or support a lifelong education promotion project falling under any of the following subparagraphs, as prescribed by this Act, other Acts and subordinate statues: |
| 1. | Establishment and operation of the lifelong educational institution; |
| 2. | Cultivation and posting of certified lifelong education teachers under Article 24; |
| 3. | Development of lifelong education programs; |
| 4. | Other projects, etc. to be conducted for promotion of citizen’s participation in lifelong education. |
| (2) | The head of local government may conduct or support a lifelong education promotion project for residents, as prescribed by Municipal Ordinance of the local government concerned. In such cases, the head of local government shall consult with the Superintendent of an Office of Education or the head of a district office of education. |
| Article 17 (Guidance and Support) |
| (1) | The State and local governments may, upon a request from a lifelong educational institution, guide or support its activities for lifelong education. |
| (2) | The State and local governments may, upon a request from a lifelong educational institution, conduct training necessary to upgrade capabilities of persons engaged in lifelong education activities at such institution. |
| Article 18 (Statistical Research, etc. of Lifelong Education) |
| (1) | The Minister of Education, Science and Technology, the Mayor/Do Governor shall inspect basic data, such as the current status of performance and support of lifelong education and disclose the statistics related to such inspection. <Amended by Act No. 8852, Feb. 29, 2008> |
| (2) | A person in charge of duties related to lifelong education and a person who operates a lifelong educational institution shall cooperate with the inspection referred to in paragraph (1). |
CHAPTER Ⅲ NATIONAL INSTITUTE FOR LIFELONG EDUCATION, ETC.
| Article 19 (National Institute for Lifelong Education) |
| (1) | The State shall establish the National Institute for Lifelong Education (hereinafter referred to as "NILE") to support the matters related to the lifelong education promotion. |
| (2) | NILE shall be a juristic person. |
| (3) | NILE shall be incorporated by completing registration for incorporation in the place where its principal office is located. |
| (4) | NILE shall perform duties falling under any of the following subparagraphs: |
| 1. | Support and inspection for the promotion of lifelong education; |
| 2. | Support for establishment of the master plan deliberated upon by the promotion committee; |
| 3. | Support for development of lifelong education programs; |
| 4. | Cultivation and training of persons engaged in lifelong education, including certified lifelong education teachers under Article 24; |
| 5. | Construction of connecting system among lifelong educational institutions; |
| 7. | Construction and operation of comprehensive information system for lifelong education; |
| 8. | Matters concerning recognition of credits or educational attainment, as prescribed by the Act on Recognition of Credits, etc. and the Act on the Acquisition of Academic Degrees through Self-Education; |
| 9. | Consolidated management and operation of study records under Article 23; |
| 10. | Other necessary business for the attainment of NILE's objectives. |
| (5) | Matters falling under any of the following subparagraphs shall be included in the articles of association of NILE: |
| 3. | Location of the principal office; |
| 4. | Matters concerning its business; |
| 5. | Main matter concerning executives and staff; |
| 6. | Matters concerning the board of directors; |
| 7. | Matters concerning property and accounting; |
| 8. | Matters concerning the amendment to the articles of association. |
| (6) | If NILE intends to amend the contents prescribed in the articles of association under paragraph (5), it shall obtain approval from the Minister of Education, Science and Technology. <Amended by Act No. 8852, Feb. 29, 2008> |
| (7) | The State may contribute to the expenses incurred in the establishment and operation of NILE within the budget. |
| (8) | Except for those provided for in this Act concerning NILE, the provisions concerning incorporated foundations as referred to in the Civil Act shall apply mutatis mutandis to NILE. |
| Article 20 (Operation of City/Do NILE) |
| (1) | The Mayor/Do Governor may establish, or designate and operate a City/Do NILE, as prescribed by Presidential Decree. |
| (2) | The City/Do NILE shall perform duties under any of the following subparagraphs: |
| 1. | Provision of opportunities and information on lifelong education to the region concerned; |
| 2. | Counselling on lifelong education; |
| 3. | Operation of lifelong educational programs; |
| 4. | Construction of connection system among the lifelong educational institutions in the region concerned; |
| 5. | Other matters deemed necessary by the Mayor/Do Governor for the lifelong education promotion. |
| Article 21 (Establishment and Operation, etc. of Si/Gun/Gu Lifelong Study Hall, etc.) |
| (1) | The Mayor/Do Superintendent of an Office of Education shall establish or designate and operate a lifelong study hall to operate the lifelong educational programs and provide lifelong educational opportunities for residents in his/her jurisdiction. |
| (2) | The head of a Si/Gun/autonomous Gu may carry out necessary business to promote lifelong education of the local government concerned, such as the establishment of a lifelong study hall or provision of financial assistance, etc. |
| (3) | Necessary matters concerning the establishment and operation, etc. of the lifelong study hall referred to in paragraphs (1) and (2) shall be prescribed by Municipal Ordinance of the local government concerned. |
| Article 22 (Promotion of Lifelong Education Related to Informatization) |
| (1) | The State and local governments shall endeavor to informatize education and develop lifelong education curriculums related to informatization by connecting with the various levels of school, civic organizations and corporations, etc. |
| (2) | The State and local governments may operate a system to collect and provide information concerning lecturers, as prescribed by Presidential Decree so that the various levels of school, civic organizations and corporations, etc. may utilize necessary human resources. |
| Article 23 (Study Records) |
| (1) | The Minister of Education, Science and Technology shall endeavor to introduce and operate a study record system (which means a system to manage personal study experiences of people comprehensively and intensively) for the promotion of the citizen’s lifelong education and development and management of the human resources. <Amended by Act No. 9641, May 8, 2009> |
| (2) | The Minister of Education, Science and Technology may evaluate and accredit a course of study to be managed by the study record system referred to in paragraph (1), as prescribed by Presidential Decree. <Newly Inserted by Act No. 9641, May 8, 2009> |
| (3) | If any lifelong educational institution establishing and operating a course of study which has received the evaluation and accreditation under paragraph (2) falls under any of the following subparagraphs, the Minister of Education, Science and Technology may revoke such evaluation and accreditation: Provided, That in the case of subpargraph 1, such evaluation and accreditation shall be revoked: <Newly Inserted by Act No. 9641, May 8, 2009> |
| 1. | Where it has received the evaluation and recognition by false or other unlawful means; |
| 2. | Where it has operated a course of study, in violation of the contents evaluated and accredited under paragraph (2); |
| 3. | Where it has fallen short of standards for evaluation and accreditation under paragraph (2). |
| (4) | If the Minister of Education, Science and Technology intends to revoke the evaluation and accreditation under subparagraphs 2 and 3 of paragraph (3), it shall issue a corrective order to the head of the lifelong educational institution pursuant to the period and procedure prescribed by Presidential Decree. <Newly Inserted by Act No. 9641, May 8, 2009> |
CHAPTER Ⅳ CERTIFIED LIFELONG EDUCATION TEACHERS
| Article 24 (Certified Lifelong Education Teachers) |
| (1) | The Minister of Education, Science and Technology shall grant the qualification of a certified lifelong education teacher to any person who falls under any of the following subparagraphs, to educate specialists in lifelong education: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9641, May 8, 2009> |
| 1. | Any person who has earned at least a certain level of credits in subjects related to lifelong education determined by Ordinance of Ministry of Education, Science and Technology at the school established pursuant to Article 2 of the Higher Education Act (hereinafter referred to as "university") or at the institution recognized to have educational attainment equal to or higher than the university and has acquired the degree; |
| 2. | Any person who has earned at least a certain level of credits in subjects related to lifelong education determined by Ordinance of the Ministry of Education, Science and Technology at an educational and training institution, operating a course of study which has received the evaluation and recognition under Article 3 (1) of the Act on Recognition of Credits, etc. (hereinafter referred to as "credit bank institution") and has acquired the degree; |
| 3. | Any person who has graduated from a university or has been recognized to have the educational attainment equal to or higher than university and has earned at least a certain level of credits in subjects related to lifelong education determined by Ordinance of the Ministry of Education, Science and Technology at a university or at an institution recognized to have the educational attainment equal to or higher than university, the educational institution for certified lifelong educational teachers under Article 25, and the credit bank institution; |
| 4. | Any person who has other qualifications determined by Presidential Decree. |
| (2) | A certified lifelong education teacher shall perform the duties of planning, conducting, analyzing and evaluating lifelong education and teaching. |
| (3) | No person falling under any subparagraph of Article 28 (2) shall become a certified lifelong education teacher. |
| (4) | Necessary matters concerning grades, scope of duties, study courses, training and procedures for issuance of certificate for certified lifelong education teachers shall be prescribed by Presidential Decree. |
| (5) | The Minister of Education, Science and Technology may collect commission from those who intends to have a certificate for certified lifelong education teachers issued or re-issued under paragraph (1), as prescribed by Ordinance of the Ministry of Education, Science and Technology. <Newly Inserted by Act No. 9641, May 8, 2009> |
| Article 25 (Training Institution for Certified Lifelong Education Teachers) |
| (1) | The Minister of Education, Science and Technology may designate a lifelong educational institution as a training institution for certified lifelong education teachers by considering necessary facilities, curriculum and teachers, etc. for cultivating and training certified lifelong education teachers, as prescribed by Presidential Decree. <Amended by Act No. 8852, Feb. 29, 2008> |
| (2) | The Minister of Education, Science and Technology may entrust the duties of cultivating and training of certified lifelong education teachers to NILE. <Amended by Act No. 8852, Feb. 29, 2008> |
| Article 26 (Posting and Employment of Certified Lifelong Education Teachers) |
| (1) | Certified lifelong education teachers under Article 24 (1) shall be posted to lifelong educational institutions. |
| (3) | A City/Do NILE under Article 20 shall post certified lifelong education teachers to its Si/Gun/Gu lifelong education hall under Article 21. |
| (4) | Institutions subject to posting of certified lifelong education teachers under paragraphs (1) through (3) and standards for such post shall be prescribed by Presidential Decree. |
| Article 27 (Subsidies for Employment of Certified Lifelong Teachers) |
The State and local governments shall subsidize the expenses, etc, incurred in the operation of lifelong education programs and employment of certified lifelong education teachers under Article 26 (2).
CHAPTER Ⅴ LIFELONG EDUCATIONAL INSTITUTIONS
| Article 28 (Founders of Lifelong Educational Institutions) |
| (1) | Each founder of a lifelong educational institution shall contribute to lifelong education for residents in a community by carrying out a variety of lifelong educational programs. |
| (2) | No person falling under any of the following subparagraphs shall become the founder of a lifelong educational institution: |
| 1. | An incompetent or quasi-incompetent person; |
| 2. | A person who has been sentenced to imprisonment without prison labor or a heavier punishment and for whom three years have yet to elapse from the date on which the execution of such sentence was terminated (including the case where the execution of such sentence is deemed to be terminated) or the execution of such sentence was exempted; |
| 3. | A person who is in the period of a stay of execution after having been sentenced to a stay of execution of the imprisonment without prison labor or a heavier punishment; |
| 4. | A person whose qualification is suspended or relinquished by a ruling of a court or by other Acts; |
| 5. | A person for whom three years have yet to elapse after his/her authorization or registration was cancelled or the lifelong educational course was closed under Article 42; |
| 6. | A corporation, one of the executives of which falls under any of subparagraphs 1 through 5. |
| (3) | Any founder of a lifelong educational institution under subparagraph 2 (a) of Article 2 shall, in connection with the operation of the lifelong educational establishment, take necessary safety measures, such as subscribing to insurance or joining mutual-aid business which guarantees the compensation for life and physical damage to users of the relevant establishment, as prescribed by Municipal Ordinance of the Special Metropolitan City, a Metropolitan City, a Do and a Special Self-Governing Province (hereinafter referred to as "City/ Do"). |
| (4) | Where any learner cannot continue his/her study, or education cannot be provided due to the closure of a lifelong educational institution, the founder of such lifelong educational institution shall take necessary measures to protect learners by returning the tuition fee, etc. received from such learner, as prescribed by Presidential Decree. |
| Article 29 (Lifelong Education by School) |
| (1) | The heads of various levels of school under the Elementary and Secondary Education Act and the Higher Education Act shall, in conducting lifelong education, develop and conduct the curriculums and methods based on the ideals of lifelong education from the perspective of users and endeavor to develop the community and regional cultures centered on the school. |
| (2) | The heads of various levels of school may conduct directly lifelong education which satisfies needs of students, their parents and community residents by considering the educational conditions of the relevant school, or by entrusting lifelong education to local governments or non-governmental organizations: Provided, That any corporation and organization with a commercial purpose shall be excluded. |
| (3) | The classrooms, libraries, gymnasiums and other facilities of the various levels of school shall be utilized to conduct lifelong education by school under paragraph (2). |
| (4) | Where the head of a school opens the school under paragraphs (2) and (3), necessary matters concerning the management and operation of the relevant establishment during opening hours shall be prescribed by Municipal Ordinance of the local government concerned. |
| Article 30 (Lifelong Educational Establishment Attached to School) |
| (1) | The heads of various levels of school may establish and operate lifelong educational establishments to conduct cultural education and vocational education for students, their parents and residents residing in their respective jurisdictions. The head of each school shall, if a lifelong educational establishment is established, file a report thereon with the jurisdictional authority. |
| (2) | Any head of a university may provide a variety of lifelong educational courses, including vocational education courses, etc. to help undergraduates and persons other than such undergraduates acquire qualifications. |
| (3) | The various levels of school shall be equipped with facilities and equipment whose types and structures are convenient for carrying out a variety of lifelong educational programs. |
| Article 31 (School-Type Lifelong Educational Establishments) |
| (1) | Any person who intends to establish and operate a school-type lifelong educational establishment shall file for registration with the Superintendent of an Office of Education after making such establishment complete with facilities and equipment prescribed by Presidential Decree. |
| (2) | The Superintendent of an Office of Education may designate any schooltype lifelong educational establishments satisfying the requirements higher than a certain standard as establishments, graduates of which are recognized as having educational attainment of graduates of a senior high school or lower, among the school-type lifelong educational establishments referred to in paragraph (1). |
| (3) | The teachers under Article 19 (1) of the Elementary and Secondary Education Act may be posted to the establishment, the educational attainment of which is recognized under paragraph (2). In such cases, the regulations on teachers of private national and private schools shall apply mutatis mutandis to the services, domestic training and retraining of teachers. |
| (4) | Any high technical school which installs and operates major departments under Article 54 (4) of the Elementary and Secondary Education Act may be converted into, and operated as, a lifelong educational establishment, the graduates of which are recognized as having educational attainment and degree equal to those of graduates of a junior college, after obtaining authorization from the Minister of Education Science and Technology. In such cases, it may use the name of the major college. |
| (5) | Necessary matters concerning designation standards, procedures, admission qualifications, qualifications of teachers, etc. of school-type lifelong education establishments, the educational attainment of which is recognized under paragraph (2) and operating methods. etc. such as authorization standards, procedures, the management, etc. of academic affairs of lifelong education establishments under paragraph (4) shall be prescribed by Presidential Decree. |
| (6) | The local governments may provide a necessary subsidy or support for lifelong educational establishments, the educational attainment of which is recognized under paragraph (2), within the limit of budget, as prescribed by Municipal Ordinance of the local government concerned. |
| (7) | If any person designated as a lifelong educational establishment, the educational attainment of which is recognized under paragraph (2), intends to close its establishment, he/she shall obtain approval from the Superintendent of an Office of Education concerned by being equipped with the matters prescribed by Presidential Decree, such as the measures to deal with the enrolled students. |
| Article 32 (In-House College-Type Lifelong Educational Establishment) |
| (1) | Any operator of the place of business (including the place of business in which joint participation is permitted), the size of which is larger than that prescribed by Presidential Decree, may establish and operate a lifelong educational establishment, the graduates of which are recognized as having educational attainment and degrees equal to those of graduates of a junior college or a university, after obtaining authorization from the Minister of Education, Science and Technology. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9641, May 8, 2009> |
| (2) | The in-house college-type lifelong educational establishment under paragraph (1) shall be intended for education of employees working for the relevant place of business (meaning the employees hired in the relevant place of business and the employees of other companies working at the relevant place of business) and costs incurred in providing education shall be borne by the employer who has hired the relevant employees. <Amended by Act No. 9641, May 8, 2009> |
| (3) | Necessary matters concerning the operation, such as standards for installation and credit system of the in-house college-type lifelong educational establishment under paragraph (1) shall be prescribed by Presidential Decree. |
| (4) | Where any person intends to close his/her in-house college-type lifelong educational establishment under paragraph (1), he/she shall file a report thereon with the Minister of Education, Science and Technology. <Amended by Act No. 8852, Feb. 29, 2008> |
| Article 33 (Distance College-Type Lifelong Educational Establishment) |
| (1) | Any person may conduct lifelong education by providing distance education to many specified or unspecified persons or providing them with a variety of information making use of information and communications media. |
| (2) | Where any person intends to conduct distance education under paragraph (1) for many unspecified persons in return for their tuition fee, he/she shall file a report thereon with the Minister of Education, Science and Technology, as prescribed by Presidential Decree. Where he/she intends to discontinue such distance education, he/she shall file a notice thereon with the Minister of Education, Science and Technology. <Amended by Act No. 8852, Feb. 29, 2008> |
| (3) | Any person who intends to establish a distance college-type lifelong educational establishment under paragraph (1), the graduates of which are recognized as having educational attainment and degrees equal to those of graduates of a junior college or a university, shall obtain authorization from the Minister of Education, Science and Technology, as prescribed by Presidential Decree. Where he/she intends to close the establishment, he/she shall file a report thereon with the Minister of Education, Science and Technology. <Amended by Act No. 8852, Feb. 29, 2008> |
| (4) | The Minister of Education, Science and Technology shall conduct an evaluation of the distance college-type lifelong educational establishment authorized under paragraph (3) and disclose the result. <Amended by Act No. 8852, Feb. 29, 2008> |
| (5) | Necessary matters concerning standards for establishment of the distance college-type lifelong educational establishment under paragraph (3) and methods of operation, such as the management of academic affairs, etc. and matters concerning the evaluation under paragraph (4) shall be prescribed by Presidential Decree. |
| (6) | No person falling under any subparagraph of Article 28 (2) shall become the founder of any distance college-type lifelong educational establishment. |
| Article 34 (Provisions to be Applied Mutatis Mutandis) |
| Article 35 (Lifelong Educational Establishment Affiliated with Place of Business) |
| (1) | Any operator of the place of business, the size of which exceeds that prescribed by Presidential Decree, may establish and operate a lifelong educational establishment for the customers, etc. of the relevant place of business. |
| (2) | Any person who intends to establish a lifelong educational establishment affiliated with a place of business under paragraph (1) shall file a report thereon with the Superintendent of an Office of Education, as prescribed by Presidential Decree. Where he/she intends to close such lifelong educational establishment, he/she shall file a notice thereon with the Superintendent of an Office of Education. |
| Article 36 (Lifelong Educational Establishment Affiliated with Civic and Social Organization) |
| (1) | Civic and social organizations shall endeavor to build an organic cooperative system among them and utilize idle facilities, including public facilities and civilian facilities, etc., to provide lifelong educational courses corresponding to the objectives of such organizations. |
| (2) | Civic and social organizations prescribed by Presidential Decree may establish and operate lifelong educational establishments for the general public. |
| (3) | Any person who intends to establish and operate a lifelong educational establishment affiliated with a civic and social organization under paragraph (2) shall file a report thereon with the Superintendent of an Office of Education, as prescribed by Presidential Decree. Where he/she intends to close such establishment, he/she shall file a notice thereon with the Superintendent of an Office of Education. |
| Article 37 (Lifelong Educational Establishment Affiliated with Press Organ) |
| (1) | Any person who runs a press organ, including a newspaper and a broadcasting station, shall contribute to promoting lifelong education for people by broadcasting a variety of lifelong educational programs through the press media. |
| (2) | Any person who runs a press organ prescribed by Presidential Decree may establish and operate a lifelong educational establishment to enhance culture and upgrade the capability of the people. |
| (3) | Any person who intends to establish a lifelong educational establishment affiliated with the press under paragraph (2) shall file a report thereon with the Superintendent of an Office of Education, as prescribed by Presidential Decree. Where he/she intends to close such establishment, he/she shall file a notice thereon with the Superintendent of an Office of Education. |
| Article 38 (Lifelong Educational Establishment Related to Knowledge and Human Resources Development Projects) |
| (1) | The State and local governments shall promote knowledge and human resources development projects aimed at developing human resources through the supply of knowledge and information as well as education and training. |
| (2) | Any person prescribed by Presidential Decree from among persons who are engaged in knowledge and human resources development projects under paragraph (1) may establish and operate a lifelong educational establishment. |
| (3) | Any person who intends to establish a lifelong educational establishment related to knowledge and human resources development projects under paragraph (2) shall file a report thereon with the Superintendent of an Office of Education, as prescribed by Presidential Decree. Where he/she intends to close such establishment, he/she shall file a notice thereon with the Superintendent of an Office of Education. |
CHAPTER Ⅵ LITERACY EDUCATION
| Article 39 (Performance, etc. of Literacy Education) |
| (1) | The State and local governments shall endeavor to enhance basic capabilities such as literacy required for adults to lead the social life. |
| (2) | The Superintendent of an Office of Education may establish and operate a literacy education program for adults at an elementary school and a junior high school within his/her jurisdiction, as prescribed by Presidential Decree or designate literacy education programs operated by the local governments and corporations, etc. |
| (3) | The State and local governments may provide financial assistance for the literacy education programs under paragraph (2), as prescribed by Presidential Decree. |
| Article 40 (Curriculums, etc. of Literacy Education Programs) |
Any person who has completed a literacy education program installed or designated under Article 39 shall obtain the relevant educational attainment recognized and necessary matters concerning the compilation of curriculum and procedure for recognition of educational attainment, etc. shall be prescribed by Presidential Decree.
CHAPTER Ⅶ MANAGEMENT AND RECOGNITION OF LIFELONG STUDY RESULTS
| Article 41 (Recognition of Credits and Educational Attainment, etc.) |
| (1) | Any person who has completed the lifelong education courses under this Act or other Acts and subordinate statutes other than lifelong education courses, the educational attainment of which is recognized under this Act, may earn his/her credits or educational attainment recognized by the Act on Recognition of Credits, etc. |
| (2) | Any person falling under any of the following subparagraphs may receive relevant credits or educational attainment recognized under the Act on Recognition of Credits, etc.: |
| 1. | A person who has completed various courses of culture or courses required for acquiring qualifications at various levels of school or lifelong educational establishments; |
| 2. | A person who has acquired an in-house recognized qualification after undergoing certain education at an industrial enterprise, etc.; |
| 3. | A person whose qualification has been recognized by passing the aptitude measurement test conducted by the State and local governments, the various levels of school, industrial enterprises or civil organizations, etc.; |
| 4. | A person who is a holder of important intangible cultural property recognized by the Cultural Heritage Protection Act or any other person who has been under the holder's tuition for inheritance of such intangible cultural property; |
| 5. | A person who has passed an examination prescribed by Presidential Decree. |
| (3) | The heads of various levels of school and lifelong educational establishments may recognize cross-credits, educational attainment or degree which learners have earned in domestic and foreign various levels of school, lifelong educational establishments and lifelong educational institutions under Article 31. |
CHAPTER Ⅷ SUPPLEMENTARY PROVISIONS
| Article 42 (Administrative Disposition) |
The Minister of Education, Science and Technology or the Superintendent of an Office of Education may, in the event that a founder of a lifelong educational establishment falls under any case of the following subparagraphs, revoke his/her authorization or registration to establish such establishment or close its lifelong educational courses, and order the operation of lifelong educational courses suspended, in whole or in part, for a fixed period not exceeding one year: Provided, That in cases of subparagraphs 1 and 4, the authorization and registration shall be revoked: <Amended by Act No. 8852, Feb. 29, 2008>
| 1. | Where he/she has obtained authorization or registration or filed a report by fraud or other wrongful means; |
| 2. | Where his/her establishment has fallen short of standards for authorization or registration; |
| 3. | Where he/she has managed and operated his/her lifelong educational establishment by wrongful means; |
| 4. | Where he/she falls under a cause for disqualification prescribed in any subparagraph of Article 28 (2). |
The Minister of Education, Science and Technology or the Superintendent of an Office of Education shall, in the event that he/she intends to revoke the authorization or registration under Article 42, hold a hearing. <Amended by Act No. 8852, Feb. 29, 2008>
| Article 44 (Delegation of Authority) |
The Minister of Education, Science and Technology or the Superintendent of an Office of Education may delegate part of his/hers authority under this Act to the heads of universities, the Superintendents of an Offices of Education or the heads of the district offices of education. <Amended by Act No. 8852, Feb. 29, 2008>
| Article 45 (Prohibition of Use of Similar Name) |
No one other than the promotion committee, NILE, the lifelong educational council and a lifelong study hall under this Act may use any name similar to that of such organizations.
| Article 46 (Fines for Negligence) |
| (1) | Any person falling under any of the following subparagraphs shall be subject to fines for negligence not exceeding five million won: |
| 1. | A person who has failed to furnish data or furnished false data, in violation of Article 18 (2); |
| 2. | A person who has neglected to file a report under Articles 32 (4), 33 (2) and (3), 35 (2), 36 (3), 37 (3) and 38 (3); |
| 3. | A person who has used similar name, in violation of Article 45. |
| (2) | The fines for negligence under paragraph (1) shall be imposed and collected by the competent authority, as prescribed by Presidential Decree. |
| (3) | Any person who is dissatisfied with the disposition of a fine for negligence under paragraph (2) may raise an objection to the competent authority within 30 days from the date on which the notice with respect to such disposition was served on him/her. |
| (4) | When a person subject to the disposition of a fine for negligence under paragraph (2) raises an objection under paragraph (3), the competent authority shall promptly notify the competent court of such fact and the competent court shall, upon receiving such notice, put the case on trial in accordance with the Non-Contentious Case Litigation Procedure Act. |
| (5) | When a person subject to the disposition of a fine for negligence does not raise any objection during the period under paragraph (3) and fails to pay his/her fine for negligence, such fine for negligence shall be collected pursuant to the precedents on dispositions on national or local taxes in arrears. |
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force two months after its promulgation: Provided, That Articles 33 (4) and (5) and 34 shall enter into force on April 18, 2008. Article 2 (Transitional Measures concerning Enforcement Date)
The previous provision of Article 22 (4) shall apply until Article 33 (5) enters into force pursuant to the proviso to Article 1 of the Addenda. Article 3 (Transitional Measures concerning Establishment, Educational Attainment of Which is Recognized)
Any lifelong educational establishment designated as the establishment, the educational attainment of which is recognized under the previous provision of Article 20 (2) before this Act enters into force shall be governed by the previous provision. Article 4 (Transitional Measures concerning Lifelong Educational Duties by City/Do Superintendent of Office of Education)
| (1) | Notwithstanding Articles 11, 12, 13 and 18, the City/Do Superintendent of an Office of Education shall continuously conduct duties related to lifelong education which he/she has performed before this Act enters into force under subparagraph 8 of Article 20 of the Local Education Autonomy Act. |
| (2) | The designation and operation of the local lifelong education information center designated and operated by the Minister of Education and Human Resources Development and the Superintendent of an Office of Education under the previous provisions of Article 14 before this Act enters into force shall be governed by the previous provisions. |
Article 5 (Applicable Example and Transitional Measures concerning Conversion of Major Department of High Technical School into Lifelong Educational Establishment)
| (2) | Where the course of major department of the high technical school is converted into a lifelong educational establishment under Article 31 (4), those who have been enrolled in the relevant course shall be deemed to have been enrolled in a lifelong educational establishment to which the course of major department will be converted. |
Article 6 (Preparatory Acts for Enforcement of this Act)
Any preparatory act for the establishment of the National Institute for Lifelong Education under this Act may be performed before this Act enters into force.
Article 7 (Preparations for Establishment)
| (1) | The Minister of Education and Human Resources Development shall compose a preparatory committee for establishment (hereinafter referred to as the "committee") to take control over the duties of the establishment of the National Institute for Lifelong Education. |
| (2) | The committee shall be composed of not more than 5 members for establishment preparation (hereinafter referred to as "members"), including the chairperson (hereinafter referred to as the "chairperson"), and the chairperson and the members shall be commissioned by the Minister of Education and Human Resources Development. |
| (3) | The committee shall prepare the articles of association and obtain approval from the Minister of Education and Human Resources Development before this Act enters into force. |
| (4) | Upon obtaining approval under paragraph (3), the members shall immediately register its corporation with joint signatures and handover the duties to the president of the National Institute for Lifelong Education after completion of incorporation registration. When handover of the duties is completed pursuant to this provision, the members shall be deemed dismissed. |
| (5) | The president of the National Institute for Lifelong Education shall be appointed by the Minister of Education and Human Resources Development. |
Article 8 (Dispatch of Public Officials)
Where the president of the National Institute for Lifelong Education requests, the Minister of Education and Human Resources Development may dispatch its public officials thereto by December 31, 2009.
Article 9 (Succession, etc. of Rights and Obligations)
| (1) | The rights and obligations of the Korea Development Institute related to its lifelong education center under the previous provisions of Article 13 (1) and (2) at the time when this Act enters into force shall succeed as a whole to the National Institute for Lifelong Education simultaneously with its incorporation registration. |
| (2) | The rights and obligations of the Korea Development Institute related to its credit bank center under Article 11 of the Act on Recognition of Credits, etc. and Article 19 of Enforcement Decree thereof at the time when this Act enters into force shall succeed as a whole to the National Institute for Lifelong Education simultaneously with its incorporation registration. |
| (3) | The rights and obligations of the Korea National Open University related to its self-education degree examiner under Article 7 of the Act on the Acquisition of Academic Degrees through Self-Education and Article 4 of Enforcement Decree thereof at the time this Act enters into force shall be succeeded as a whole by the National Institute for Lifelong Education simultaneously with its incorporation registration. |
| (4) | If any staff of the lifelong education center and credit bank center of the Korea Education Development Institute and the self-education degree examiner of the Korea National Open University under paragraphs (1), (2) and (3) at the time when this Act enters into force, desires to be appointed as staff of the National Institute for Lifelong Education, he/she shall resign from the current organization and be newly appointed at the National Institute for Lifelong Education. In such cases, the president of the National Institute for Lifelong Education shall preferentially appoint such staff within the fixed number of employees. |
Article 10 (Transitional Measures concerning Social Educational Establishment)
Any social educational establishment established under the previous Social Education Act at the time this Act enters into force shall be deemed a lifelong educational establishment established by this Act.
Article 11 (Transitional Measures concerning Persons Completing Social Education Courses)
Any person who has completed any course in social education under previous Social Education Act at the time when this Act enters into force shall be deemed to have completed such course under this Act.
Article 12 (Transitional Measures concerning Recognition of Educational Attainment)
Any person who is recognized as having educational attainment equal to that of a graduate of a junior high school or senior high school after having completed courses in social education under the previous Social Education Act at the time this Act enters into force shall be deemed recognized as having such educational attainment after having completed courses in social education under this Act.
Article 13 (Transitional Measures concerning Specialist in Social Education)
Any person who has acquired a specialist qualification for social education under the previous Social Education Act at the time this Act enters into force shall be deemed to have acquired a qualification as a lifelong education teacher under this Act.
Article 14 (General Transitional Measures concerning Disposition, etc.)
Any act committed by or for an administrative agency under the previous provisions at the time this Act enters into force shall be deemed that by or for the administrative agency under this Act falling under such provisions.
Article 15 Omitted.
Article 16 (Relation with other Acts and Subordinate Statutes)
Where the previous Lifelong Education Act is cited by other Acts and subordinate statutes at the time this Act enters into force and this Act has any provisions falling under the cited provisions, this Act shall be deemed cited.
ADDENDA<Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDUM<Act No. 9641, May 8, 2009>
This Act shall enter into force three months after its promulgation.